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CP-2008-4PETITION CP- 2008 -4 RE- DESIGNATION OF RFMUD SENDING LANDS TO NEUTRAL LANDS DAVA IM �• :ter€ April 30, 2010 Mr. Mike McDaniel, Chief Office of Comprehensive Planning Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 Subject: Response to ORC issued by DCA on April 5, 2010, pertaining to Collier County CP- 2008 -4, (North Belle Meade Area 28.76 acres) Dear Mr. McDaniel, This coirrspon?J,°.i�e is intended to respond the DCA's recommendation to retain a Sending Lands future !anti us; designation on a specific parcel of land rather than adopt a Neutral Lands future land use designation, as was proposed in the Amendment. Further, it is our contention that the Florida Wildlife Federation's (FWF) correspondence of February 15, 2010, which objected to the proposed Growth Management Plan Amendment (GMPA), introduced an unrelated objection pertaining to a potential future roadway corridor, and the subject property's location in relation to that potential public roadway corridor. .Additionally, this correspondence will respond to the objections related to this GMPA raised ` by the Florida Department of Transportation's (FDOT) correspondence dated March 4, 2010. For purpose of this rebuttal it may be helpful to identify the subject property's location in relation to the existing pattern of development of the surrounding area. Please refer to Attachment C, General Aerial Location Map. As you can see, the subject GMPA parcel is located adjacent to the Collier County land fill, and has neighboring properties to the north and east that have an agricultural development pattern (i.e.: single - family homes, plant nursery and truck barn). The subject GMPA parcel is not isolated and surrounded by environmentally sensitive Lands as is contended in the FWF correspondence. It bears repeating that the subject GMPA parcel is currently developed with a mulching facility which had a conditional use approved by the Collier County Board of Zoning Appeals in January 1998. This operation has been in continuous operation since then. The current mulching facility has all prerequisite permits from Collier County, the Florida Department of Environmental Protection, the South Florida Water Management District (Permit No. 11- 02649 -P), and the U.S. Army Corps of Engineers dredge and fill permit (SAJ- 2007 -605). The subject GMPA parcel is encumbered with a 11.73 acre conservation easement resultant from the environmental permitting of the site. This conservation easement protects in perpetuity, the environmentally significant portions of the subject property. No expansion of the subject GMPA parcel is proposed. The requested GMPA future land use designation change is only requested in order to allow for the receipt, processing and transfer of construction and demolition debris. Additionally, once the land use designation is changed, the next required step is approval of a new conditional use (advertised public hearing) by a super majority (4 of 5) of the Collier County Board of Zoning Appeals. It may also be helpful to clarify the subject GMPA parcel's proposed future land use designation, and its 10, relationship with the defacto future land use designations currently in place. Please refer to Attachment F -1, Defact.o Future Land Use Map. It is important to understand that the subject GMPA parcel and mulching operations predate the adoption of the Rural Fringe Mixed -Use District (RFMUD) and creation of the County's Transfer of Development Rights (TDR) program. Many privately held Lands within the RFMUD were not aware, or not interested in the promulgation of the County's RFMUD, or 6610 Willow Park Drive, Suite 200, Naples, Florida 34109 • (235) 597- 05757Fax: (239) 597 -0578 www.consult- rwa.com RWA�C CP- 2008 -04 April 30, 2010 Page 2 development restrictions, given that it was done through a legislative process that has different noticing requirements in comparison to the quazi judicial process associated with zoning changes. There were a few private land owners that had pre- existing land uses or proclaimed development intent that may not have "fit" the narrow definitions of Sending and Receiving Lands initially contemplated for use in the RFMUD related to the TDR program. These specific properties were cursorily reviewed for environmental sensitivity, and the appropriateness to assume a Neutral Lands designation that was created to accommodate these properties. Please refer to the supplemental documentation prepared by the applicant's environmental consultant, Ramsey Inc., for more specific data and analysis of the environmental attributes of the subject GMPA parcel and surrounding lands. Residential density may not be transferred either from or into areas designated as Neutral Lands. There are public and privately held lands that retain the Neutral Lands designation, not just school sites and public parks as is contended in the FWF correspondence. In fact, publicly held lands may not participate in the County's TDR program, and there are a lot of publicly owned lands that retain the Serdmg Lands future land use designations. Of particular interest related to this proposed GMPA, the Corli::- County Land Fill lies immediately west of the subject GMPA parcel and do not have the highest quality of environmentally sensitive land characteristic of Sending Lands, but this adjacent half section of land holds the Sending Land designation. As previously stated, publicly held lands may not participate in the County's TDR program, so the County's land fill parcel is, for all intents and purposes, Neutral Land. The subject GMPA parcel is in effect adjacent to defacto Neutral Lands and will be used similarly to the land use of the County's land fill, but no waste materials would be perpetually retained on -site. Further, the applicant has no intention of utilizing any other permitted land use allowed in the Neutral Lands future land use designation, and this could be reflected in the County's GMPA adoption resolution. The previously referenced FWF correspondence introduces an objection to a County proposed roadway corridor that is not a part of the GMPA materials transmitted to DCA for review and comment. It is not the applicant of this GMPA that is proposing, or aiding and abetting the County's roadway planning process. The subject GMPA parcel is merely within a very small portion of the proposed roadway corridor and is not gifting any right -of -way reservation as is contended in the FWF correspondence. The applicant of the subject GMPA has merely been put on notice that a 130 foot reservation may be requested in a subsequent local zoning process. It is quite unfortunate that the FWF is using an issue entirely unrelated to the subject GMPA at hand to object to this meritorious application. This particular correspondence appears to have played a significant role in the DCA's recommendation in the ORC. We do not think this is appropriate, as our proposed amendment has nothing to do with Collier County's desire to secure this potential future roadway corridor. The following discussion was prepared by the applicant's transportation consultant, Omega Consulting group, in response to the objections related to this Growth Management Plan Amendment (GMPA) raised by the Florida Department of Transportation's (FDOT) correspondence dated March 4, 2010. FDOT had the following comments in regards to CP- 2008 -04: • FDOT Comment 6. The department notes that the potential increase in trips may be larger than shown in the table above because intensities for the relevant future land use designations are not stated in the comprehensive plan and reliable trip generation data are not readily available for several of the allowed uses. The County should provide intensity standards and land use mix percentages, as appropriate, for these future land use designations. • FDOT Comment 7: The applicant should analyze the maximum development scenario as defined in the comprehensive plan, with all assumptions clearly stated, rather than the proposed S:\2008 \080073.00.00 Yahl Mulching GMPA \0003 CPA Application Support\2010 -4 -30 ORC Response - Rebuttal Doc.docx RWAOc CP- 2008 -04 April 30, 2010 Page 3 development plan, unless a site - specific text amendment limits the maximum development scenarios to the proposed development plan. FDOT Comment 8: The amendment results in a potential increase in site - generated traffic and is located adjacent to I -75 and less than two miles from an I -75 interchange. The department's data indicate that two segments of I -75 are not projected to not meet the adopted LOS standard in the long term. The applicant's traffic study does not include I -75. The study should be revised to include I -75 and a long term LOS evaluation. Improvements needed to maintain adopted LOS standards should be identified and added to the appropriate plans. Long -term improvements may consist of detailed strategies for addressing LOS issues. These strategies can include development of parallel roadways, multimodal investments, and implementation of concurrency alternatives. Mitigation and strategies should be coordinated with the department and affected local governments. The proposed uses for CP- 2008 -04 are to add a construction debris recycling facility to the existing vegeu-.iive recycling facility on the site. However, the proposed comprehensive plan amendment does not sp: =cify only those uses and other uses such as mentioned by FDOT could be constructed on the site. It sho:lld be noted that the project site is immediately adjacent to the Collier County Landfill and is located approximately two (2) miles east of Collier Boulevard. This location in not conducive to residential type land uses, but per the requested land use amendment, there could be residential type land uses. As is noted by FDOT, a higher land use of up to 22 multi - family units per acre for up to 10 acres for farm worker housing could be approved with the requested land use change. We have revised the trip generation for the site to address this issue (see Table 1, below). Table 1 SITE GENERATED TRIP ESTIMATE AM Peak PM Peak LAND USE Size Unit ADT Total Enter Exit Total Enter Exit Apar.ment (LU 220): 220 DU 1,457 112 22 90 139 90 49 Total 1,457 112 22 90 139 90 49 We have revised the new trip distribution and assignment based on the new trip generation and the approved distribution. This is shown in Table 2, below. Please note that we have added a distribution for I -75. This distribution is based on knowledge of the area and past TIS's for this project area. S:\2008 \080073.00.00 Yahl Mulching GMPA \0003 CPA Application Support\20104-30 ORC Response - Rebuttal Doc.docx RWA�C Table 2 Site - generated Trip Distribution and Assignment CP- 2008 -04 April 30, 2010 Page 4 We thy;, revised the significance test to include the revised trip generation, trip generation and trip assign;? .:1nt. This is shown in Table 3, below. It should be noted that Table 7 and Table 9 were used from the FDOT Quality /Level of Service Handbook for the maximum service volume for I -75. LOS C for an Urbanized area was used for the segment of I -75 west of Collier Boulevard and LOS C for a Rural Undeveloped area was used for the segment of 1 -75 to the east of Collier Boulevard. Table 3 Significance Test AM Peak PM Peak Link From To DIST Total Enter Exit Total Enter Exit Collier Blvd Golden Gate Utilities Drive 50% 56 11 45 70 45 25 Collier Blvd Utilities Drive 1 -75 3,515 45 1.3% White Lake Blvd Collier Blvd Land Fill Collier Blvd Utilities Drive 1 -75 50% 56 11 45 70 45 25 White Lake Blvd Collier Blvd Land Fill 100% 112 22 90 139 90 49 0.2% Ac cess 1 -75 Collier Blvd east White Lake Blvd Land Fill Access Projec 100% 112 22 90 139 90 49 Acc 1 -75 Gol yen Gate Collier Blvd 10% 11 2 9 14 9 5 1 -75 Collier Blvd east 5% 6 1 5 7 5 2 We thy;, revised the significance test to include the revised trip generation, trip generation and trip assign;? .:1nt. This is shown in Table 3, below. It should be noted that Table 7 and Table 9 were used from the FDOT Quality /Level of Service Handbook for the maximum service volume for I -75. LOS C for an Urbanized area was used for the segment of I -75 west of Collier Boulevard and LOS C for a Rural Undeveloped area was used for the segment of 1 -75 to the east of Collier Boulevard. Table 3 Significance Test As can be seen in the above analysis, even with the higher use of the project, the directed accessed roadway segments of Collier Boulevard are not significantly impacted (less than 2% impact) in accordance with Collier County requirements. The segments of I -75 impacted by the higher use project are not significantly impacted and are de minimus (less than 1 % impact). In accordance with the Collier County Traffic Impact Statement requirements, the significantly impacted roadways should be studied with a five year horizon. In this case, that would 2015. From review of the 2030 Long Range Transportation Plan Executive Summary Minor Update dated June 8, 2007, the current four (4) lane segments of 1 -75 west and east of Collier Boulevard are projected to be an acceptable level of service in 2015 (Table 5 FFP Plan Level of Service) with v/c ratios of 0.79 and 0.60, respectively. S:\2008 \080073.00.00 Yahl Mulching GMPA \0003 CPA Application Support\20104-30 ORC Response - Rebuttal Doc.docx PM Peak Site PCT of Link From To S max Tries SF� Collier Blvd P den Gate Utilities Drive 3,515 25 0.7% Collier Blvd Utilities Drive 1 -75 3,515 45 1.3% White Lake Blvd Collier Blvd Land Fill 760 90 11.8% Ac cess White Lake Blvd Land Fill Access Project Access 760 90 11.8% 1 -75 Golden Gate Collier Blvd 3,020 5 0.2% 1 -75 Collier Blvd east 2,820 5 0.2% As can be seen in the above analysis, even with the higher use of the project, the directed accessed roadway segments of Collier Boulevard are not significantly impacted (less than 2% impact) in accordance with Collier County requirements. The segments of I -75 impacted by the higher use project are not significantly impacted and are de minimus (less than 1 % impact). In accordance with the Collier County Traffic Impact Statement requirements, the significantly impacted roadways should be studied with a five year horizon. In this case, that would 2015. From review of the 2030 Long Range Transportation Plan Executive Summary Minor Update dated June 8, 2007, the current four (4) lane segments of 1 -75 west and east of Collier Boulevard are projected to be an acceptable level of service in 2015 (Table 5 FFP Plan Level of Service) with v/c ratios of 0.79 and 0.60, respectively. S:\2008 \080073.00.00 Yahl Mulching GMPA \0003 CPA Application Support\20104-30 ORC Response - Rebuttal Doc.docx RWA "- CP- 2008 -04 April 30, 2010 Page 5 It is clear from the above analysis that the project, even with the higher land uses allowed in the proposed land Neutral future land use designation, does not significantly impact I -75. Additionally, I -75 in the vicinity of the project is projected to be within the level of service standards for the project/land use amendment horizon year of 2015. Therefore, the further analysis discussed towards the end of FDOT Comment 8 are not necessary with this project. This then concludes our rebuttal to the objections raised by FWF and FDOT, and we hope this accurate statement of facts will be compelling to the extent that the DCA removes its objection to the proposed future land use designation change, or alternatively provides some specific recommendations that would address any outstanding concerns but still allow the desired land use. Dwight Nadeau, Planning Manager RWA, Inc. Electronic Copy: Corby Schmidt, Collier County Nick Casalanguida, Collier County Dan Trescott, SWFRPC Ken Heatherington, SWFRPC Lawrence Massey, FDOT Client S:\2008 \080073.00.00 Yahl Mulching GMPA \0003 CPA Application Support\2010 -4 -30 ORC Response - Rebuttal Doc.docx APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN PETITION NUMBER Oe-24M - DATE RECEIVED PRE - APPLICATION CONFERENCE DATE .41-2-11( DATE SUFFICIENT PLANNER ASSIGNED:' COMMISSION DISTRICT: 5 - _ �. [ABOVE TO BE COMPLETED BY STAFF] This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone: (941)403 -2300; Fax: (941)643- 6869. The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified, in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97 -431 (attached). If you have any questions, please contact the Comprehensive Planning Section at 941 - 403 -2300. SUBMISSION REQUIREMENTS I. GENERAL INFORMATION A. Name of Applicant(s) John & Teresa Fillmore Company Fillmore LLC Mailing Address 2250 Washburn Avenue City: Naples State: Florida Zip Code: 34117 Phone Number: 239 - 352 -7888 Fax Number: 239 - 352 -4649 B. Name of Agent' Dwight Nadeau THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company /Firm RWA, Inc. Mailing Address 6610 Willow Park Drive City: Naples State: Florida Zip Code 34109 Phone Number: 239 - 597 -0575 Fax Number: 239 - 597 -0578 Email Address: dhn(o)consult- rwa.com S: \2008 \0800 73.00.00 Yahl Mulching GMPA \0003 CPA Appbcadon Support \2009 -9 -3 GMP Amendment Appbcation Form.doc C. Name of Owner(s) of Record: Fillmore LLC. Mailing Address: 2250 Washburn Avenue City: Naples State: Florida Zip Code: 34117 Phone Number: 239 - 352 -7888 Fax Number: 239 - 352 -4649 D. Name, Address and Qualifications of additional planner, architects, engineers, environmental consultants and other professionals providing information contained in this application. Dwight Nadeau, Planning Manager RWA, Inc. 6610 Willow Park Drive Naples, FL 34109 Reed K. Jarvi, Omega Consulting Group 3365 Woods Edge Circle Unit 102 Bonita Springs, FL 34134 Michael R. Ramsey, Ramsey Inc. 2631 4th St. NW Naples, FL 34120 II DISCLOSURE OF INTEREST INFORMATION: A. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership S: \2008 \080073.00.00 Yahl Nfulching GMPA \0003 CPA Application Support \2009 -9 -3 GMP Amendment Application Form.doc 2 B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each, and provide one copy of the Articles of Incorporation, or other documentation, to verify the signer of this petition has the authority to do so. Name and Address, and Office Percentage of Stock 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 Percentage of Interest D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. See Attachment N Name and Address Percentage of Ownership John Fillmore 50% Teresa Fillmore 50% E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contact purchasers below, including the officers, stockholders, beneficiaries, or partners, and provide one copy of the executed contract. Name and Address Percentage of Ownership 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 S: \2008 \080073.00.00 Yahl Mulching GMPA \0003 CPA Apphcation Support \2009 -9 -3 GMP Amendment Apphcation Form.doc G. Date subject property acquired (April 10, 2003 ) leased ( ) Terms of lease yrs /mos. If Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date _ H. NOTE: Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. III. DESCRIPTION OF PROPERTY A. Legal Description: A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 49 SOUTH RANGE 27 EAST COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 49 SOUTH RANGE 27 EAST THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31 NORTH 89 058'41" EAST A DISTANCE OF 343.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED: THENCE CONTINUING ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31 SOUTH 89 059 "49" EAST A DISTANCE OF 1029.30 FEET: THENCE SOUTH 02 °04'30" EAST, A DISTANCE OF 658.93 FEET; THENCE NORTH 89 058'14" WEST, A DISTANCE OF 342.85 FEET: THENCE SOUTH 02 °05'32" EAST, A DISTANCE OF 558.99 FEET: THENCE NORTH 89 °57'41" WEST, A DISTANCE OF 1029.48 FEET: THENCE NORTH 02 °07'49" WEST, A DISTANCE OF 558.60 FEET: THENCE SOUTH 89 °58'27" EAST A DISTANCE OF 343.20 FEET; THENCE NORTH 02 °03'36" WEST, A DISTANCE OF 658.67 FEET TO THE POINT OF BEGINNING. CONTAINING 1,252,915 SQUARE FEET OR 28.763 ACRES MORE OR LESS. SURVEY INFORMATION PROVIDED BY RHODES AND RHODES LAND SURVEYING, INC. B. Section: 31 Township: 49 South Range: 27 E ast C. Tax I.D. Number (Folio #) 00341920409 (Previous Folio combined on May 18, 2006 #'s 00337520004, 00338600004, 00341360001, 003419 20409, 00341920302, 0037040005, 00341040004). D. General Location N of 1 -75 E of 951 Located on White Lake B Ivd E. Planning Community Rural Estates F. TAZ 228 G. Size in Acres 28.76 H. Z oning A, Agricultural District. SA2008 \080073.00.00 Yahl Mulching GNIPA \0003 CPA Application Support \2009 -9 -3 GMP Amendment Application Form.doc 4 Present Future Land Use Map Designation (s) Agricultural /Rural Designation; Rural Fringe Mixed Use District; Sending Lands IV. TYPE OF REQUEST A. Growth Management Plan Element(s) OR Sub - Element(s) to be amended: x Future Land Use Immokalee Area Master Plan Transportation Coastal & Conservation Intergovernmental Coord. Sanitary Sewer Drainage Golden Gate Area Master Plan Capital Improvement Housing Recreation & Open Space Potable Water Solid Waste Natural Groundwater Aquifer B. Amend Page(s) 94, Overlays and Special Features,125, Future Land Use Map, and North Belle Mead Overlay Map of the Future Land Use Element As Follows: ( Use Gfess threughs to identify language to be deleted; Use U nderline to identify language to be added). Attach additional pages if necessary: Please see Attachment B, B -1 and Attachment B -2 C. Amend Future Land Use Map(s) designation, FROM: Agricultural /Rural Designation, Rural Fringe Mixed Use District - Sending Lands TO: Agricultural /Rural Designation, Rural Fringe Mixed Use District - Neutral Lands Please See Attachment A. Narrative Statement [If new District and /or Sub - district proposed, include Future Land Use Map with legend depicting it]. D. Amend other Map(s) and Exhibits as follows: (Name & Page #) Page 125, Future Land Use Map. and North Belle Mead Overlay Map Please see Attachment B and B -1. E. Describe additional changes requested: V. REQUIRED INFORMATION Note: All Aerials must be at a scale of no smaller than 1" = 400'. At least one copy reduced to 8'/2 x 11 shall be provided of all aerials and /or maps. A. LAND USE 1. Attachment C Provided general location map showing surrounding developments (PUD, DRI'S, existing zoning) with subject property outlined. 2. Attachment D Provide most recent aerial of site showing subject boundaries, source, and date. S: \2008 \080073.00.00 Yahl Mulching GMPA \0003 CPA Application Support \2009 -9 -3 GMP Amendment Apphcation Form.doc 3. Attachment E Provide a map and summary table of existing land use and zoning within a radius of 500 feet from boundaries of subject property. B. FUTURE LAND USE DESIGNATION 1. Attachment F Provide map of existing Future Land Use Designation(s) of Subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL 1. Attachment G Provide most recent aerial and summary table of acreage of Native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT- FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEMM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AEIRAL IN "A" ABOVE. 2. Attachment G Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Fish and Wildlife Conservation Commission) listed plant and animal species known to occur on the site and /or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.). 3. Attachment O Identify historic and /or archaeological sites on the subject property. Provide copy of County's Historical /Archaeological Probability Map and correspondence from Florida Department of State. D. GROWTH MANAGMENT Reference 9J- 11.006, F.A.C. and Collier County's Capital Improvement Element Policy 1.1.2 (Copies attached). INSERT "Y" FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: 1. N Is the proposed am endment located in an Area of Critical State Concern? (Reference 9J- 11.006(1)(a)7.a, F.A.C.) If so, identify area located in ACSC. 2. N Is the proposed am endment directly related to a proposed Development of Regional Impact pursuant to Chapter 380, F .S.? 3. N Is the proposed amendment directly related tot a proposed Small Scale Development Activity pursuant to Subsection 163.3187(1)(c), F.S.? (Reference 9J- 11.006(1)(a)7.b, F.A.C.) 4. N Does the proposed amendment create a significant impact in population which is defined as a potential increase in County wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. 5. Y Does the proposed land use cause an increase in density and /or intensity to the uses permitted in a specific land use designation 5:\2008 \080073.00.00 Yahl Mulching GMPA \0003 CPA Application Support \2009 -9 -3 GMP Amendment Application Form.doc and district/subdistrict identified (commercial, industrial, etc.), or is the proposed land use a new land use designation or district /subdistrict? (Reference Rule 9J- 5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and compatibility of use with surrounding land uses, and as it concerns protection of environmentally sensitive. land, ground water and natural resources. (Reference Rule 9J- 1.007, F.A.C.). E. PUBLIC FACILITIES Attachment H Provide the existing adopted Level of Service Standard (LOS, and document the impact the proposed change will have on that Standard, for each of the following public facilities: a) x Potable Water b) x Sanitary Sewer c) Attachment J Arterial & Collector Roads: Name of specific road and LOS d) x Drainage e) N/A Solid Waste f) N/A Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and /or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Policy 1.1.2 and 1.1.5). 2. Attachment I Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services). 3. Attachments H & A Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: 1. Attachment K Flood zone based on Flood Insurance Rate Map data (FIRM). 2. NA Location of well fields and cones of influence, if applicable. (Identified on Collier County Zoning Maps). 3. NA Traffic Congestion Boundary, if applicable 4. NA Coastal Management Boundary, if applicable SA2008 \080073.00.00 Yahl Mulching GNIPA \0003 CPA Application Support \2009 -9 -3 GMP Amendment Application Form.doc 7 5. NA High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (Identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION 1. x $16,700.00 non - refundable filing fee, made payable to the Board of County Commissioners, due at time of submittal. 2. NA $9,000.00 non - refundable filing fee for a Small Scale Amendment, made payable to the Board of County Commissioners, due at time of submittal. 3. x Plus Legal Advertisement Costs (Your portion determined by number of petitions and divided accordingly) 4. Attachment M Proof of ownership (Copy of deed). 5. Attachment L Notarized Letter of Authorization if Agent is not the Owner (see attached form). 6. x 1 Original and 5 complete, signed applications with all attachments, including maps, at time of submittal. After sufficiency is completed, 15 copies of the complete application will be required. Additional copies may be required. * Maps, aerials, sketches shall include: North arrow; name and location of principal roadways; shall be at scale of 1" = 400' or at a scale as determined during the pre - application meeting; identification of the subject site; legend or key, if applicable. All oversized documents and attachments must be folded so as to fit into a legal -size folder. For all oversized exhibits, at least one copy must be submitted at 8 -1/2 x 11 inches. All exhibits and attachments to the petition must include a title and exhibit # or letter, and must be referenced in the petition. S: \2008 \080073.00.00 Yahl Mulching GMPA \0003 CPA Application Support \2009 -9 -3 GMP Amendment Application Porm.doc Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL Attachment A Narrative Statement for Fillmore Recycling GMP Amendment The subject property consists of +/- 28.7 acres and is located on Washburn Avenue and White Lake Boulevard, in Section 31, Township 49, Range 27, Collier County, Florida (See Attachment C "General Location Map "). The subject property is zoned "A ", Rural Agricultural District and is partially cleared and improved with the existing Yahl Mulching and Recycling facilities. (See Attachment D "Aerial FLUCFCS Map "). The adjacent properties include agricultural land uses (i.e.: single family homes, plant nursery and truck barn) to the north and east, Collier County and State right -of -way to the south, and Collier County Land Fill facility to the west, (See Attachment E "Existing Zoning and Land Use "). The property is in the Agricultural/Rural Designation; Rural Fringe Mixed Use District ( RFMUD); North Belle Meade Overlay (NBMO) — Non Natural Resource Protection Area (Non -NRPA) Sending Lands of the Collier County Growth Management Plan (GMP) Future Land Use Map (FLUM) (See Attachment F "Future Land Use Map "). Agricultural: The purpose of the "A ", Rural Agricultural District Land Use Designation is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the "A" District. Rural Fringe Mixed Use District ( RFMUD): The challenges and goals of the RFMUD are to provide transition between the Urban and Estates designated lands, and between the Urban and Agricultural/Rural and Conservation designated lands. The RFMUD employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMUD allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. While not proposed in this petition, the RFMUD allows the Transfer of Development Rights (TDR) process that provides an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential. Within the RFMUD, residential density may be transferred from lands SA2008\ 080073.00.00 Yahl Mulching GMPAW02 CPA Application \2009- 3- 1 4Nanativc.doc TTi TA "`r M l w.-, 1 '(1\1'1' J. �1 in,ienn, < 1 TL 1 Ev.s,Sy Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map. Residential density may not be transferred either from or into areas designated as Neutral Lands through the TDR process. Sending Lands designation are those lands that have the highest degree of environmental value and sensitivity, and generally include significant wetland, uplands, and habitat for listed species. North Belle Meade Overlay (NBMO): The North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and west and I -75 to the south. The NBMO area is unique to the RFMUD because it is surrounded by areas that are vested for development on three sides. Because the area is largely undeveloped and includes substantial vegetated areas, the Sending Lands can and do provide valuable habitat for wildlife, including endangered and threatened species. The Overlay area are also areas the have been previously impacted by canal construction and past clearing and agricultural practices which have altered the natural hydroperiod. The challenge of the NBMO area is to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates. Sending Lands: Sending Lands consist of NRPA lands and non -NRPA lands in which residential development is discouraged. Further, Sending lands are those areas that have the highest degree of environmental value and sensitivity, and generally include significant wetlands, uplands, and habitat for listed species. Endangered and threatened species located in these areas include colonies of Red Cockaded Woodpeckers. Therefore, the protection of endangered and threatened species including the protection of habitat, are primary planning considerations in this area. Neutral Lands: Neutral Lands are neither Sending nor Receiving areas. They have been identified for limited semi -rural residential development. Available data indicates that Neutral Lands have a higher ratio of native vegetation, and thus higher habitat values than lands designated as Receiving Lands, but these values do not approach those of Sending Lands. Therefore, these lands are appropriate for limited development if such development is directed away from existing native vegetation and habitat. As set forth in the Collier County Conservation and Coastal Management Element of the GMP, Neutral lands shall preserve a minimum of 60% of the native vegetation present, not to exceed 45% of the total site area. SANOM80073.00. D0 Yahl Mulching GMPA \0002 CPA Application\2009 -5•14 Narcative.doc 1 \ 1 IL 1 Srrtyuy Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL Proposed Growth Management Plan Amendment: The proposed Growth Management Plan Amendment provides for the modification of the subject property designation from Sending Lands to Neutral Lands on the Future Land Use Map. See Attachment B "Proposed Future Land Use Map" The proposed Neutral Lands designation will allow for the introduction of an additional intended use of the property which is "facilities for the collection, transfer, processing and reduction of solid waste" as described in the Neutral Lands provisions of the FLUE. The facility will support receiving, crushing, sorting, and storing of construction and demolition (C &D) materials as well as materials transfer; no actual recycling processing will occur on -site. Examples of such C &D materials include dry wall, wood, concrete, brick, metals, PVC pipe, screen, asphalt and other related materials. Construction and demolition waste may include packaging material and land clearing debris. No hazardous waste or materials will be accepted onsite. The Florida Statute 403.703 defines C &D as the following: "...discarded materials generally considered to be not water soluble and nonhazardous in nature, including but not limited to, steel, glass, brick, asphalt roofing material, pipe, g7psum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from: the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations... ". The proposed operations will support the recycling of waste generated from construction projects. It is estimated that C &D materials account for as much as 15% of all materials used in a construction project. Further, it is estimated that residential construction generates upwards of 7 lbs. of waste per square foot of construction. C &D debris accounts for 33% of solid waste collected in the State of Florida each year and only a small percentage, 20 %, of this C &D waste is currently recycled (FDEP, 2001). Recycling C &D has become important as it is cheaper than putting C &D materials in landfills since the cost of using landfills has risen. A recycling facility reduces the likelihood that the recyclable material will end up at the landfill and conserves the space. Further, recycling reduces the impact of producing new materials. Currently, there is an existing horticulture recycling operation onsite which has been in operation since 1998. The current Conditional Use CU- 2000 -22, approved on June i 11', 2002, allows for the disposal and recycling of horticulture waste. Horticulture recycling operations are open to the public and include receiving, sorting, crushing, storing and transfer of horticulture materials. Onsite equipment includes crushers, grinders, front end loaders, backhoes, transfer equipment and trucks. Operations occur Monday through Saturday during normal business hours. Two existing homes are utilized for office and storage, however they will be demolished to accommodate the facility expansion. The expansion of operations will allow for the continuation of the existing horticulture, as well as the proposed construction and demolition recycling operations. Further, the addition of the proposed facility will be approximately 20,000 square feet with approximately 10 additional employees. This construction and demolition recycling facility will utilize the same equipment and conduct similar operations as those which already S120=80073.00.00 Yahl Mulching GMPAW02 CPA Appliation12009 -5-1 4- NuTetive. doc V11 TA —%_�;, / ` F 3—n .� nV5l I:.ING 5 -,6i., J. \ 1 rl 1 Sur..,iv Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL exist on site. The GMPA will provide for the future land use designation change from Sending Lands to Neutral Lands to allow for the recycling operations of C &D materials in addition to the existing mulching operation. Based on the language adopted to define the Sending Lands, compared with the disturbed nature of lands on the subject property, it is both reasonable and logical to propose the change to Neutral Lands. Further, the subject property is located adjacent to the Collier County Landfill located on White Lake Boulevard. The neighboring landfill property is greatly disturbed and could have significant impacts to surrounding properties. It should be noted that the landfill is proposed for expansion to add additional capacity over the next five to ten years. By definition, Sending Lands are "those areas that have the highest degree of environmental value and sensitivity ". Clearly, these lands do not fall under this description considering the existing improvements and operations on the site, in addition to the neighboring public operation of the landfill on adjacent lands. This request is more than appropriate given the neighboring land uses. The proposed recycling facility will maintain compatibility with surrounding land uses and promote recycling of solid waste in an area adjacent to the Collier County. Landfill. Further, with respect to the TDR program of the Rural Fringe Mixed Use District, the existing property owner has withheld the right to generate TDR credits from the subject property, thereby removing 22.96 credits from the potential TDR pool. The current land use of the subject property, combined with the existing 12.0 +/- acre conservation easement, effectively eliminates the opportunity to sever TDRs for transfer. Further, as provided through the proposed Growth Management Plan Amendment to change the subject property designation to Neutral Lands, there will be no transfer of development rights into or out of the subject property. Therefore, there will be no significant effect on the development potential allowed by the existing TDR program. Compatibility with surrounding land uses: The subject property has direct access to Washburn Avenue and White Lake Boulevard. The adjacent properties consist of permitted and conditionally permitted agricultural land uses on large parcels. The proposed expansion of recycling use on the subject property will be compatible with the existing Collier County Landfill operations located west of the subject property. The existing recycling operation provides adequate buffering provisions as set forth in the County's Land Development Code, and as was required in the prior Conditional Use and Site Development Plan approvals. Further, separation distances from surrounding properties, and the proposed location of the new C &D sorting and transfer facilities within the 28.7 +/- acre subject property will mitigate potential noise impacts from future facility operations onto neighboring properties. The current recycling facility has maintained a positive relationship with neighboring property owners and no complaints in regards to on -site operations, noise, dust, odor, or the like have been received. Preservation and open space areas will also act as a buffer between residential uses on surrounding lands adjacent to, or neighboring, the subject property. S:V003% 080077 00.00 Yeld Mulching GNIPA \000: CPA Applicetion\2009 -5.14 NamGve. doe M TA Y 1 \ , ,l 1 Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL Public Facilities and Services: With respect to Public facilities, Attachment H "Public Facilities Impact Analysis ", is a spreadsheet which sets forth the impacts on public facilities under the existing and proposed scenarios. Public facilities within the area of the subject property are depicted on Attachment I "Public Facilities Exhibit ". Impacts on Washburn Avenue and White Lake Boulevard are addressed in Attachment J "Traffic Impact Statement" prepared by Omega Consulting Group. With respect to Potable Water, Sanitary Sewer, Stormwater Drainage, Solid Waste, and Arterial & Collector Roads within the vicinity of the project, the proposed Amendment will not result in any of these facilities falling below the adopted level of service established by and in accordance with the Collier County Growth Management Plan and Section 6.02.01 of the LDC. It should be noted that while Attachment H examines the impacts of the proposed Plan amendment on public water and sewer facilities, the existing mulching operation is utilizing a well and septic system, so there are actually no impacts to those public facilities. For the reviewer's information, the SFWMD issued General Water Use Permit 11- 0264 -W for industrial, irrigation and public water supply from the Water Table Aquifer using two withdrawal sources. The water use is limited to 23,458,300 gallons per year, not to exceed a maximum monthly withdrawal of 404,800 gallons. The proposed future land use change and resulting land uses will not require additional water demand. The Collier County Sheriff's Department will provide police protection/law enforcement services. There is a Sheriff's substation located on Golden Gate Parkway, which is a shared facility housing Collier County EMS. The subject property lies within the service area of the Golden Gate Fire Control and Rescue District, with Station 72 being located just east of Collier Boulevard, on the south side of Beck Boulevard, well within the 8 minute response period LOS standard. Finally, given that there will be no residential dwelling units associated with this amendment or future land use, there will be no impact to public schools or regional /community parks. Environmental, Historical & Archeological Considerations: A detailed environmental assessment has been prepared by Ramsey, Inc. (See Attachment G "Environmental Assessment "). Over nine years of investigations have been included in the updated assessment and associated appendices and no listed species have been observed on site. There is presence of jurisdictional wetlands on the subject property which has been defined and permitted with South Florida Water Management District (SFWMD) Permit No. 11- 02649 -P, and US Army Corps of Engineers Permit SAJ- 2007 -605. A letter has been received from the State of Florida Division of Historic Resources with regard to historic, archaeological, or cultural resources that may be present on the site and is provided as Attachment O. No historical and/or archaeological sites will be impacted by development proposed on this site. SA-100100073.00 00 Yehl Mulching G.MPA %0W2 CFA Application\20".5.14 Narta[ive doc — 5 - ,�nsai.•n *gin vo,•..,.o� 1\ 1 f A. 1 U-y.;, Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL Conclusion: The property is proximate to adequate existing or planned public facilities. Based upon the Public Facilities Analysis, future development resulting from the proposed GMP amendment will not result in any degradation of any public facility. Extensive environmental studies and permitting have occurred on the subject property and it has been demonstrated that no listed or endangered species have been observed over a nine year investigation period. The subject property is does not have the "highest degree of environmental value and sensitivity" as would be the case with undisturbed lands. The subject property does not have the significant wetlands, uplands, and habitat for listed species as has been determined by both the SFWMD and the U.S. Army Corps of Engineers as is evidenced in the permits that have been issued. The environmental evidence supports the appropriateness of the proposed FLUM change to Neutral Lands. Approval of this proposed amendment will provide for the continuation of the existing recycling operations and expansion for construction and demolition recycling operations on lands adjacent to existing landfill operation for Collier County. The use is comparable and compatible with surrounding land uses and should be found to be consistent with the provisions of the Rural Fringe Mixed Use District based on the immediate proximity of the public land fill facilities to the west. TDR credits are prohibited from being generated from government owned lands, and the Sending Lands provisions of the FLUE include special provisions to allow publicly operated solid waste and resource recovery facilities through the conditional use procedure. The Collier County Solid Waste Department is currently pursuing such a conditional use for their proposed Resource Recovery Park that is anticipated to be approved by the time this Petition is considered for transmittal and adoption. An argument can be supported that the special allowances for government facilities in the Sending Lands combined with the prohibition of generating TDR credits from government lands makes the County's lands in Sections 25 and 36, Township 49 South, Range 26 East less like Sending Lands and more similar to Neutral Lands. Therefore, based on the similarity of land uses with the County, the subject property should more appropriately be designated as Neutral Lands to allow similar land uses as the County's land fill and anticipated Resource Recovery Park. The reduction of available Sending Lands that would result in the adoption of the requested FLUM change is insignificant (28.7 acres) when compared to the County's 655± acres in land fill and Resource Recovery Park lands that have been effectively removed from the Sending Lands designation. Therefore, the proposed adjustment to the Sending Lands to change the subject property to a Neutral Lands designation will not adversely affect the TDR program. SA200g1030077.00.00 Yzhl Mulching GMPAN0002 CPA Applia6on\2009•3•11 Nuntivc.doc D« - 6 - SUBJECT PROPERTY Legend ` Subject Property Collier County Future Land use 111 Estates Designation Industrial District Interchange Activity Center Subdistrict ® RF- Neutral RF•Sending ® Urban Residential Fringe Subdistrict Overlays and Special Features Rural Fringe Mixed Use District North Belle Meade Overlay ® Natural Resource Protection Area Q Agricultural/Rural Designation Collier County Major Roads DISCLAIMER RWA. Inc provides this data for your personal use 'as is' This information is derived from multiple sources which may. in pan. not be current, and De outside the conloi of RWA. Inc. The areas depicted by Ws map ere acproWnsle, and are not necessarily accurate to surveying or engineering standards RWA. Inc assumes no legal responsibJdy for the information contained on this map 0 1,000 2,000 4,000 6,000 Feet N Attachment B n Fillmore Recycling GMPA N Comprehensive Plan Amendment Proposed Future Land Use Map DIVA " ('l NSI, LTI'JC, 1 \ t T1 JL PLnninE •VUUrindrrrm OW Fsiinrrin sir r�r a Fl.�,r r Prepared By rmlones P,,nUN Date April 30, 2009 File T %prol'cW20OM800730000_ Yahl Mulching GIvMProposed_FLU mad NORTH BELLE MEADE OVERLAY MAP T48 N i 1 III. 15 III. 11 1 MI. SCALE PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: 12/2007 FILE: N8M- OVERLAY -MAP- 2007 -3.DWG LEGEND \ \ \� SENDING ® NEUTRAL NRPA \� RECEIVING SENDING �{ m z w U Q NOTE. THIS MAP CANNOT BE INTERPRETED WITHOUT THE GOALS, OBJECTIVES AND PODCIES OF THE COWER COUNTY GROWTH MANAGEMENT PLAN. V. OVERLAYS AND SPECIAL FEATURES B. North Belle Meade Overlay 4. SENDING AREAS [page 94] Within the NBM Overlay are ± 4884,569 acres of land that are identified as Sending Areas for the transfer of development rights that are located in the western, eastern and southern portion of the study area. The Sending Areas consist of the NRPA lands and ±5 and 1/4 sections west of the NRPA. The sending areas are locations where residential development is discouraged. Endangered and threatened species are located within the Sending Areas, including colonies of Red Cockaded Woodpeckers. Therefore, the protection of endangered and threatened species including the protection of habitat are primary planning considerations in this area. Planning Considerations a. TDRs *Strongly encourage the transfer of development rights from the NBM Sending Areas to other locations within the Rural Fringe or NBM Overlay outside the boundary of the NRPA, or to the Urban Area. b. Habitat Protection * The Goals, Objectives and Policies of the Conservation and Coastal Management Element for wildlife habitat protection shall apply to NB M Sending Lands. c. Public Acquisition *The County should support the public acquisition of Sending Lands in the NBM Overlay, particularly in locations where endangered or threatened species are located. 5. NEUTRAL LANDS Within the NBM Overlay there are ±X41,309 acres of land that are identified as Neutral Areas. The Neutral Areas consist of two % sections located at the northeast corner of this Overlay and- ,_Section 24 located in the northwest portion of this Overlay, and approximately 29 acres located in Section 31. The preservation standards for Neutral Lands shall be those contained in CCM E Policy 6.1.2 for Neutral Lands. The County has performed an RCW study for Section 24 and, if the results of the study warrant, the Plan will be amended. Attachment B -2 Attachment C Fillmore Recycling GMPA Comprehensive Plan Amendment General Aerial Location Map 1,500 3,000 6,000 9,000 Feet A C'f)Ntil. l 'I'1 VC; .AL %.r u A •Planning •Visualization 061 Engirre t; •5urveviue & MaPpiq Prepared By: rnjones Printing Dale: April 22. 2010 File: T. \Progects\2008\080073.00. 00 Yahl_Mulching_G MPA \Rev01 \Location. mxd J `qW jo* 0 150 300 600 900 ,�� Feet D` A TACONSULTING Attachment D N %, �al m Fillmore Recycling GMPA A •planning •Sirveying& N Civil Enginaring •Surveying 8: Mappuig Comprehensive Plan Amendment FLUCFCS Map (Aerial Flown Date: Jan. 2008) Printing Date: April 70, 2008 File: T:1Projects\20081080073.00.00 Ya hl_M u Iching_GM PA\FL UCCS. mxd E — E i GOLDEN GAT I '\ COMMERCE 1 PARK PUD II CITY A A GATE PUD COLLIER BLVD. j IXED USE COM CNTR. PUD WHITELAKE S INDUSTRIAL CORP. PARK PUD ~ I. 5lALLI OR TOLL 1 ALLEY_ GATE PUD _ WESTPORT qCq COMMERCE ENTER PUI CEDAR HAMMOCK G 8 C CLUB PUD NAPLES HERIT GOLF AND COU! CLUB PUD NAPLES NAT'L GOLF CLUB PUD HOMES OF O ISLANDIA PUD LASIP CON VS AREA PUD NAPLES LAKES C.C, PUD O � Z) 0 J a O Y ^ FOREST GLENN OF NAPLES PUD SUBJECT PROPERTY •I �.J S SAN MARINO I I PUD ) i TOLL' I i Attachment E Fillmore Recycling GMPA Comprehensive Plan Amendment Existing Zoning and Land Use 4 -- Zoning _ Acres AgriwIW e i CU 6 PU 1 15.0 I A and sass Mai,Farm N— . Tncs Barn Ww ✓b—Are 175 & . Ferri Vawr+ Pn e. Canmuuma lower E.Mwlg UN e R u - Legend Subject Property =3500' Buffer AGRICULTURE (Illlllll� COMMERCIAL ESTATES GOLF COURSE (� PLANNED UNIT DEVELOPMENT RESIDENTIAL MULTI- FAMILY RESIDENTIAL SINGLE - FAMILY Collier County Major Roads DISCLAIMER RWA I- T.—AM I . dare b, yow Perawal ute'as n' TM nbrmaaon is denied Irom mulLple souses which may In part nit be curare and be numrdv ere wnlo, of RWA Inc The areas delacled by the map apt app.­" and are -1 necessarily e,waie b W +eyirg w engineenrg slendaids RWA Inc au,enue ru wgo respons+b4ty 10 Om ,,O rt Wro wruamed m dss nip 0 1,500 3,000 6,000 9,000 DIA /TALI Feet CONsrl T»(-. A- l 1 TL AL Anit Ergme nr S_iq a M- 'PPr^E Prepared By r)Or*s kmt,ng Dale Apnl 30, 2005 File T 1Pfolecls\2008080073 DD.00 Yahl Mulching GMPA%Land Use and Zoning inxd Attachment F Fillmore Recycling GMPA Comprehensive Plan Amendment Future Land Use Map J 1,000 2,000 4,000 6,000 Feet N A DUN` ` L 1)VI L "11M, i�Sr Ti A Nannmr V�waltumm Civil FnpnannF •Sanc)m� h Mµ•pirtc Preparea By rmlones Printing Dale April 30 2005 File. T\ProlecLc\200E10800 7 3 00 0! Vahl MulUMng GMPA \FLU mxo PKWY r- O> U Attachment F -1 Fillmore Recycling GMPA Comprehensive Plan Amendment Defacto Future Land Use Map THIS EXHIBIT DEPICTS THE DEFACTO FUTURE LAND USE MAP AS IT RELATES TO THE COUNTY'S EXISTING LAND FILL THAT HAS A SPECIFIC EXEMPTION TO ALLOW PROCESSING AND TRANSFER OF CONSTRUCTION AND DEMOLITION DEBRIS. THESE PUBLICLY HELD LANDS ARE NOT PERMITTED TO PARTICIPATE IN THE COUNTY'S TRANSFER OF DEVELOPMENT RIGHTS PROGRAM. FOR ALL INTENTS AND PURPOSES, THE COUNTY'S LAND FILL PARCELS ARE NEUTRAL LANDS. COLLIER COUNTY :AND FILLA I SUBJECT PROPERTY -A Legend Subject Property Collier County Future Land use Collier Blvd Community Facility Subdistrict Conservation Designation Estates Designation l� Industrial District ® Interchange Activity Center Subdistrict ® RF- Neutral RF- Receiving iiiilii 1 RFSending ® Urban Residential Fringe Subdistrict 0 Urban Residential Subdistrict Overlays and Special Features Rural Fringe Mixed Use District North Belle Meade Overlay B Natural Resource Protection Area Agricultural /Rural Designation Collier County Major Roads DISCLAIMER RWA. Inc. provides this data for your personal use "as is." This information is derived from multiple sources which may. in part, not be current, and be outside the contol of RWA, Inc. The areas depicted by this map are approximate, and are not necessarily accurate to surveying or engineering standards. RWA, Inc. assumes no legal responsibility for the information contained on this map. 0 1,500 3,000 6.000 9,000 Feet N A D A J " ( (; \11:1 I I \(, AL V I IA. a •fi —ant •C:eu�flAe�u>,� 6-.II tapr-rllf • Sclvt, +inr A �ian.Inr Prepared By:rmjones Printing Date: April 22, 2010 File: T:\Pro)ects\2008 \080073.00.00 Ynb1 --ki— GAA0AkW..A11\FIII- Ecological, Environmental, Agricultural Land Management, Permitting, Septic Evaluations ENVIRONMENTAL CONSULTING Ramsey Inc. LEP, CWB, CFEA, REPA, CEHP LEP - Licensed Environmental Professional E -mail: Michael.R.Ramsey @ramseyinc.net CWB -Certified Wildlife Biologist Office: 239.564.1660, Fax: 866.334.1496 CFEA - Certified Florida Environmental Assessor 2631 4'h St. NW, Naples, FL 34120 REPA - Registered Environmental Property Assessor www.ramsevinc.net CEHP - Certified Environmental Health Professional OSHA 5 — Hazardous Materials Incident Commander FDACS — Natural Areas Certified Coimnercial Pesticide Applicator ENVIRONMENTAL ASSESSMENT FILLMORE /YAHL MULCHING PROJECT FROM RFUMD SENDING TO NEUTRAL LANDS GMP AMENDMENT CP- 2008 -4 RESPONSE TO DCA COLLIER CO. ORC ISSUED 05 APRIL 2010 Project: Yahl Mulching and Recycling, Inc. Owner: Fillmore LLC Folio #: 00341920409 Acres: 28.7 Location: Naples, Florida; Collier County By: Michael R. Ramsey, Ramsey Inc. Date: 27 April 2010 EXECUTIVE SUMMARY The Yahl Mulching /Fillmore LLC parcel is located on a 28.7 acre site on the west side of the North Belle Meade Sending Area and adjacent to the south east corner of the Collier County Landfill. Both are located north of 1 -75 near the west 1 -75 toll gate. Based on the criteria listed in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP), Sending Lands are those lands having "the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species." Collier County Community Development and Environmental Services (CDES) initially classified the property based on Florida Natural Areas Inventory (FNAI) extrapolated information about habitat and listed species. CDES never visited the site to collect actual data. Site specific data collected from the property over the last 9 years and closer examination of the property indicates the Yahl Project /Fillmore • Did not initially posses the NRPA land characteristics as specified in the FLUE prior to 2002. • Did not possess the Sending land characteristics as specified in the FLUE based on actual onsite data collection. • Does not have similar habitat attributes with the rest of the North Belle Meade Sending Area. • Does not contain significant habitat for listed species • Is not utilized by listed species. • Is not expected to be utilized by listed species. This finding indicates the Fillmore LLC parcel is more accurately classified as Neutral. No other site specific data has been presented that disagrees with this conclusion. Page 1 Ecological, Environmental, Agricultural Land Management, Permitting, Septic Evaluations ENVIRONMENTAL CONSULTING Rams nX7 Inc. LEP, CWB, CFEA, REPA, CEHP LEP - Licensed Environmental Professional E -mail: Michael.R.Ramsey @ramseyinc.net CWB -Certified Wildlife Biologist Office: 239.564.1660, Fax: 866.334.1496 CFEA - Certified Florida Environmental Assessor 2631 4'h St. NW, Naples, FL 34120 REPA - Registered Environmental Property Assessor www.rainse, ink CEHP - Certified Environmental Health Professional OSHA 5 — Hazardous Materials Incident Commander FDACS — Natural Areas Certified Commercial Pesticide Applicator ENVIRONMENTAL ASSESSMENT FILLMORE /YAHL MULCHING PROJECT FROM RFUMD SENDING TO NEUTRAL LANDS GMP AMENDMENT CP- 2008 -4 RESPONSE TO DCA COLLIER CO. ORC ISSUED 05 APRIL 2010 Project: Yahl Mulching and Recycling, Inc. Owner: Fillmore LLC Folio #: 00341920409 Acres: 28.7 Location: Naples, Florida; Collier County By: Michael R. Ramsey, Ramsey Inc. Date: 27 April 2010 INTRODUCTION The Yahl Mulching and Recycling, Inc. (Yahl) operation is a 28.7 acre parcel located in Collier County at 2250 Washburn Ave., Naples, Florida (Figure 1 and 2) owned by Fillmore LLC. In 2002 the Fillmore LLC parcel was designated 2002 as "Sending" lands without collection of any `on- site" data and evaluation. In 2009 Fillmore LLC had submitted an application for GMP Amendment CP- 2008 -4 to redesignate the land classification from "Sending" to "Neutral" based on actual data gathered from the land over approximately 9 years. On 02 April 2010 the Department of Community Affairs responded with a memo of "Proposed Comprehensive Plan Amendment Review Objections, Recommendations and Comments Report recommending not to redesignate the parcel to "Neutral" because it has attributes similar to the rest of the North Belle Meade Sending Lands. This report is in rebuttal to the recommendation not to redesignate the land to "Neutral" because it has attributes similar to the other parts of the North Belle Meade Sending Lands. Specifically, the Fillmore LLC parcel does not possess the "Sending" land characteristics as described in the Land Development Code of "the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species" because accurate onsite data was not collected. SITE DESCRIPTION The Fillmore LLC parcel is 28.7 acres located approximately 2 miles east of CR 951 and north of 1 -75. The Fillmore LLC parcel borders the Collier County Landfill on the west side and 1 -75 on south side. On the north and east sides it borders 5 acres parcels zoned agriculture with single family residences (Figure 1). The Fillmore LLC parcel and the general area have been in recycling and agricultural activities since 1990. The Collier County Landfill has been here since 1975 -76. The Fillmore LLC parcel is on the extreme western edge of the North Belle Meade Sending Area adjacent to 1 -75 and the White Lake industrial park area. Page 2 Response to DCA Collier Co. ORC issued 05 April 2010 GMP Amendment CP- 2008 -4 27 April 2010 Page 3 INITIAL LAND DESIGNATION FNAI. The initial designation of the Fillmore LLC parcel and all other parcels in the North Belle Meade Sending Area was done by the staff of Collier County Community Development and Environmental Services (CDES) department utilizing an extrapolation method called the Florida Natural Areas Inventory (FNAI). The FNAI is a classification system that government organizations use to predict habitat and protected species without collecting in "actual data" visiting the property. FNAI does surveys on properties they are allowed to access for vegetation and wildlife around the state of Florida. The survey results are assigned to a soil type as previously determined by the Natural Resource Conservation Service (NRCS) for each county. FNAI then attempts to predict the type of vegetation and wildlife that would occur on property based on the soil type. Problems with FNAI: 1. NRCS soil classifications have an average 25 -50% error based on comparison of soil maps to actual property data. 2. Extrapolations of habitat and listed species based on NRCS soil types have an inherit 20 -50% error. 3. No actual site data or surveys are conducted. When no actual site specific data is collected the error in the FNAI extrapolation is not corrected. The Board of County Commissioners (BOCC) have made it clear in many public hearings that decisions on land classification should be made with the best available data. If more accurate site specific data becomes available after an initial decision is made, then the new data should re- evaluated and changes made if warranted. The applicant Fillmore LLC has presented 9 years of onsite studies of wildlife and habitat utilization by qualified professionals that far exceed the accuracy of the FNAI. The findings of the 9 years of onsite information indicate that the property was incorrectly classified initially as "Sending." The onsite information collected by the applicant indicates that the property does not possess or share similar attributes with the remainder of the North Belle Meade Sending Area. OVERLAYS. Prior to 2002 the Collier County Environmental Services had placed on the North Belle Meade Sending area a classification of NRPA or Natural Resource Protection Areas. NRPA's are defined and described in the Future Land Use Element (FLUE) as follows: "The purpose of the Natural Resource Protection Area (NRPA) Overlay designation is to protect endangered or potentially endangered species and to identify large connected intact and relatively unfragmented habitats, which may be important for these listed species. The NRPA overlay only applied to the lands in the east half of the North Belle Meade Sending Area (Figure 3). The Fillmore LLC parcel was not included in the NRPA overlay indicating that it did not have habitat values or attributes similar to the eastern half of the North Belle Meade Sending area. Again this confirms that the Fillmore LLC parcel was incorrectly classified as "Sending" in 2002 because of lack of actual onsite data. Page 3 Response to DCA Collier Co. ORC issued 05 April 2010 GMP Amendment CP- 2008 -4 27 April 2010 Page 4 Since Collier County chose not to declare the area of the Landfill and the Fillmore LLC parcel as part of the NRPA, then it was decided that the area • "was not" needed to protect potentially endangered species, • "was not" part of an intact and relatively unfragmented habitat area, and • "was not" important to listed species • did not have high habitat values. The reasoning behind not classifying the Landfill -Yahl Project area as a NRPA appears to be due to: • The high intensity use of the area due to the landfill. • The high amount of truck traffic to the land fill. • The current and past agricultural use of the general area. • The proximity to the fenced Right of Way of 1 -75 which effectively severs and segments: • Any movement of ground animals • Continuity of any habitat or vegetation used by ground wildlife • High infestation of exotic plants • Presence of native vegetation not significant. • Lack of any regional or significant wetland systems • Lack of any significant habitat. Overall, the Landfill — Fillmore LLC parcel area does not exemplify the characteristics listed for Sending Lands. However, it does better fit the Neutral Lands definition of: "Neutral Lands have been identified for limited semi -rural residential development. Available data indicates that Neutral Lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as Receiving Lands, but these values do not approach those of Sending Lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat (FLUE)." HABITATS, WETLANDS. The FLUE states that Sending Lands will have "the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species." Also, stated in the FLUE the Intent of RFMUD designations is to "protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species..." Figure 4 shows a compilation of Collier County habitat and wetlands data from the Rural Lands Stewardship (RLSA) program, the RFMUD, the FLUE, Dept. of Environmental Protection (DEP) and the South Florida Water Management District (SFWMD). As shown in Figure 4 there are "no large connected wetland systems" in or around the Fillmore LLC parcel. Because no accurate on site data was collected the Fillmore LLC parcel was incorrectly classified as Sending. JUXTAPOSITION. The Fillmore LLC parcel is situated in a location such that the properties can not be utilized effectively by listed species. The proximity to the White Lake Industrial area to the west, 1 -75 to south, single family residential and agriculture to the immediate east and north effectively has isolated the Fillmore LLC parcel habitat use by Page 4 Response to DCA Collier Co. ORC issued 05 April 2010 GMP Amendment CP- 2008 -4 27 April 2010 Page 5 wide ranging ground species. 1 -75 in particular provides a long term barrier to any movement for wildlife to or from the south. The presence of 1 -75 has been, and will continue to be a significant and long term deterrent of habitat utilization in this area. Because no accurate onsite data was collected and evaluated in regards to permanent physical infrastructure adjacent to the area the property, the Fillmore LLC parcel was incorrectly classified as Sending. PROTECTED SPECIES. The Fillmore LLC parcel was surveyed and evaluated for listed species in the 2009 Spring, 2008 Spring, 2007 Fall, 2006 and 2000. In all surveys the property indicated little to no value as habitat for utilization by listed species. The conclusions of the 5 reports were that the area is utilized little to none by listed species and by general wildlife. The area in fact showed very little use except by Passerines (song birds). This is generally concluded to be a result of the juxtaposition of the property with the other limiting features of the area (especially 1 -75), human activity encountered at the landfill and low habitat quality. Panthers- Habitat Quality. The Fillmore LLC parcel is located on the western edge of what is considered by the US Fish & Wildlife Service (FWS) to be classified as panther primary zone (Figures 5,6,7). During the processing of the US Army Corps of Engineers (USACOE) permitting for this project and the required coordination with the FWS, it was communicated to the Yahl Project /Fillmore LLC parcel that the FWS would be requiring the applicant to mitigate for all 28.7 acres of the project even though a 12 acre preserve site was going to be maintained on site through Conservation Easements. According to the FWS (B. Reick, personal communication) the FWS considers habitat on the edge or perimeter of the primary or secondary zone to be unusable to the panther and requires mitigation for the entire site. The reasoning is that areas on the "edge" have so much activity going on around them that the panther won't use it. Therefore, the animal would be better off if mitigation assisted in putting together protected properties toward the center of the core areas. As shown in the attached figures Panther telemetry proximate to the site on the south, were not actually on the Fillmore LLC parcel, but to the south of 1 -75. The conclusion being that the quality of the habitat is low to "zero" and that the presence of 1 -75 will forever prevent utilization from the south. Mitigation for habitat was agreed to by the applicant which will exceed any functional loss in the panther habitat areas. Figures 5, 6 and 7 indicate the utilization of Collier County property by panthers as indicated by telemetry data collected by the Florida Fish & Wildlife Conservation Commission (FWC). This telemetry data is broken into 3 time periods Figure 5 1981 -1996, Figure 6 1997 -2003 and Figure 7 2004 -2008. This data collected by FWC shows that the panther is not utilizing the general area of the Landfill and Yahl Project area. In fact it is showing a trend toward less and less utilization, that trend appears to be continuing today. This trend appears to validate the assertion by the FWS that the habitat on the edge of the primary zone is not usable and that mitigation "inward" toward the core areas is more valuable to the animal. Black Bear. Research into habitats used by black bear and panthers indicate they are identical. Providing mitigation more toward the core areas of panther and bear habitat use will provide more long term benefits to both species. Page 5 Response to DCA Collier Co. ORC issued 05 April 2010 GMP Amendment CP- 2008 -4 27 April 2010 Page 6 CONCLUSIONS FNAI. The applicant Fillmore LLC has presented 9 years of onsite studies of wildlife and habitat utilization by qualified professionals that far exceed the accuracy of the FNAI. The findings of the 9 years of onsite information indicate that the property was incorrectly classified initially as "Sending." The onsite information collected by the applicant indicates that the property does not possess or share similar attributes with the remainder of the North Belle Meade Sending Area. HISTORICAL OVERLAYS. The Fillmore LLC parcel was not included in the initial NRPA overlay indicating that it did not have habitat values or attributes similar to the eastern half of the North Belle Meade Sending area. Again this confirms that the Fillmore LLC parcel was incorrectly classified as "Sending" in 2002 because of lack of actual onsite data. HABITATS, WETLANDS. The FLUE states that Sending Lands will have "the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species." Also, stated in the FLUE the intent of RFMUD designations is to "protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species..." As shown in Figure 4 there are "no large connected wetland systems" in or around the Fillmore LLC parcel. Because no accurate onsite data was collected the Fillmore LLC parcel was incorrectly classified as "Sending." JUXTAPOSITION. Because no accurate onsite data was collected and evaluated in regards to permanent physical infrastructure adjacent to the area the property, the Fillmore LLC parcel was incorrectly classified as Sending. PROTECTED SPECIES. The Fillmore LLC parcel was surveyed and evaluated for listed species in the 2009 Spring, 2008 Spring, 2007 Fall, 2006 and 2000. In all surveys the property indicated little to no value as habitat for utilization by listed species. Research into habitats used by black bear and panthers indicate they are identical. Providing mitigation more toward the core areas of panther and bear habitat use will provide more long term benefits to both species. The FWS considers habitat on the edge or perimeter of the primary or secondary zone to be unusable to panther -bear and requires mitigation for the entire site. The reasoning is that areas on the "edge" have so much activity going on around them that the panther won't use it. Because no accurate onsite data was collected pertaining to habitat and utilization the Fillmore LLC parcel was incorrectly classified as Sending. In summary, collection of accurate onsite data over 9 years indicates that the Fillmore LLC parcel: • Did not initially posses the NRPA land characteristics as specified in the FLUE prior to 2002. • Did not initially possess the Sending land characteristics as specified in the FLUE. • Does not have significant large connected wetland habitat systems. • Does not have similar habitat attributes with the rest of the North Belle Meade Sending Area. • Does not contain significant habitat for listed species • Is not utilized by listed species. Page 6 Response to DCA Collier Co. ORC issued 05 April 2010 GMP Amendment CP- 2008 -4 27 April 2010 Page 7 • Is not expected to be utilized by listed species. • Should not have been classified as Sending. • Meets more clearly the definition of "Neutral" lands. Last, no other accurate onsite data has been presented that disagrees with the findings and conclusions presented by Ramsey Inc of the Fillmore LLC parcel. Page 7 PROJECT LOCATION MAP 5 0 5 10 15 Miles N PROJECT: FILLMORE / YAHL MULCHING & RECYCLING. INC; GMP AMENDMENT CP- 2008 -4 S Figure 1. Project Location Map in Collier County; Ramsey Inc. Environmental Consulting Yahl Mulching & Recycling, Inc. Parcel, 2250 Washburn Ave., 2631 4th St. NW Sec. 31, Twn 49, Rge 27, totaling approximately 28.7 acres. Naples FL 34120 239.564.1660 PROJECT LOCATION DETAIL MAP PROJECT: YAHL MULCHING & RECYCLING, INC E GMP AMENDMENT CP- 2008 -4 Figure 2. Project Location Detail Map in Collier County; Ramsey Inc. Environmental Consulting Yahl Mulching & Recycling, Inc. Parcel, 2250 Washburn Ave., 2631 4th St. NW Sec. 31, Twn 49, Rge 27, totaling approximately 28.7 acres. Naples, FL 34120 239.564.1660 LOCATION OF NRPA AND NEUTRAL = Colliei Roads RFMU RFMU NRPA Colliei - Yahl F PROJECT: FILLMORE / YAHL MULCHING & RECYCLING, INC; GMP AMENDMENT CP- 2008 -4 Figure 3. Location of NRPA and Neutral Lands in Collier County in Ramsey Inc. relation to the Yahl Project and the Collier County Landfill. Environmental Consulting Yahl Mulching & Recycling, Inc. Parcel, 2250 Washburn Ave., N l 4th St. NW Sec. 31 Twn 49 R e 27 totaling approximately 28.7 acres. Naples, FL 34120 g 9 PP Y 239.564.1660 LOCATION OF MAJOR WETLAND, HABITAT AND N RPA LANDS MAP I J'Sr- PROJECT: FILLMORE / YAHL MULCHING wt ■mss, ■ ■.■ ■.v ■■16v v■w■r r�■�■�■�v■�■�■� ■ yr -LVVV -ter s Figure 4. Location of major wetland, habitat & NRPA Lands in Ramsey Inc. Collier County in relation to the Yahl Project and the Collier County Landfill. Environmental Consulting Yahl Mulching & Recycling, Inc. Parcel, 2250 Washburn Ave., 2631 4th St. NW Sec. 31, Twn 49, Rge 27, totaling approximately 28.7 acres. Naples, FL 34120 23 .1660 PANTHER • 1996 panther telemetry • 1995 panther telemetry • 1994 panther telemetry • 1993 panther telemetry s 1992 panther telemetry , — • 1991 panther telemetry • 1990 panther telemetry • 1989 panther telemetry • 1988 panther telemetry • 1987 panther telemetry • 1986 panther telemetry • 1985 panther telemetry • 1984 no panther telemetry • 1983 panther telemetry • 1982 panther telemetry • 1981 panther telemetry Yahl Project Roads ® North belle meade sending area Corkscrew swamp sanctuary Corkscrew regional ecosystem watershed Picayune strand state forest & S Belle Me. Fakshatchee strand preserve state park Panther secondary zone Panther primary zone TELEMETRY r -V 1981 -1996 1 PROJECT: FILLMORE / YAHL MULCHING & RECYCLING INC; GMP AMENDMENT CP- 2008 -4 s Figure 5. Panther telemetry 1981 -1996; Ramsey Inc. Environmental Consulting 2631 Yahl Mulching & Recycling, Inc. Parcel, 2250 Washburn Ave., Naples, 4th St. NW Sec. 31 Twn 49 R e 27 totaling approximately 28.7 acres. Naples, 1 34120 1 � 9 9 pp Y 239.564.1660 Attachment H Public Facilities Impact Analysis 6w�wt.lw Wwfer . '1nduWtdaITa0l.1JtV, Net •'.Demand. &Atleguate,Capaclty : Im "adt?Fees '. Development Industrial Intensity Avg. Daily Demand Impact of Additional Net Increase Resulting 2008 AUIR Retained / (Deficit) Adequate Capacity /Facility Ties to Phasing (Assuming 25 per F.A.C. Stds., Conveyed Intensity on y ty from the GMP Constructed Meet Demand Under Industrial (Fiscal Year) employees ) Section 64E -6.008 LOS (GPD) Amendment (MGD) System Capacity Proposed Amendment. (GPD/Capita) (MGD) 2011 25 15.00 375 0.004 12.95 Yes N/A Sanitary Sewer n uatrial?Fac� Facility Net';[Jemand,& Adequate:Gapacity. " Development Industrial Intensity Avg. Daily Demand Impact of Additional Net Increase Resulting 2008 AUIR Retained / (Deficit) Adequate Capacity /Facility Ties to Phasing (Assuming 25 per F.A.C. Stds., Conveyed Intensity on from the GMP Constructed Meet Demand Under Industrial (Fiscal Year) employees) Section 64E -6.008 LOS (GPD) Amendment (MGD) System Capacity proposed Amendment (GPD/Capita) (MGD) 2011 25 15.00 375 1 0.004 8.28 Yes N/A Drainage Industrial: Facility et Detnand`B;Adequate.Capacity Development Industrial Intensity impact of Additional Net Increase Resulting 2008 AUIR Inventory of Adequate Capacity/Facility Ties to Industrial Phasing (Fiscal Year) (Assuming 25 Level of Service Conveyed Intensity on from the GMP Existing Facilities Meet Demand Under employees ) LOS GPD () Amendment or Capacity Proposed Amendment NIA: LOS Requires Project to be Designed SFWMD 25 -yr /3 -day NIA to Meet SFWMD /Collier N/A Yes NIA 2011 N/A Storm Event Design County Requirements (25 -yr /3 -day Storm Event) Attachment I Fillmore Recycling GMPA Comprehensive Plan Amendment Public Facilities Exhibit 0 2,500 5,000 10,000 15,000 Feet N A DIXTA CONS ULT I \Y.. •PirmmF Ysodonran (.evil kn ncrnn� •S."tpnf & MOM.- Pfepaieo By rmlones Riming Dale April 30, 2008 File . +P,gectsWrojecL\080073.OD 00 \RevOO\FacMtes m :o TRAFFIC IMPACT STATEMENT FILLMORE RECYCLING CPA May 2009 White Lake Boulevard Collier County, Florida Prepared For: John & Teresa Fillmore Fillmore LLC C/o Yahl Mulching 2250 Washburn Avenue Naples, FL 34117 Project # R4005.02 Omega Consulting Group Prepared By: Omega Consulting Group, LLC Attachment J Traffic Impact Statement 3365 Woods Edge Circle, Unit 101, Bonita Springs, Florida 34134 INTRODUCTION AND SUMMARY Omega Consulting Group, LLC is providing this update to the Comprehensive Plan Amendment Traffic Impact Statement (TIS) previously prepared by Vanasse & Daylor, LLP for the Fillmore Recycling. The purpose of this study is to provide Collier County with sufficient information to assure that traffic- related impacts are anticipated and that effective mitigation measures are identified for the proposed development. The Fillmore Recycling facility is located northeast of I -75 & Collier Boulevard interchange to the southeast of the Collier County Landfill on Washburn Avenue in Township 49, Range 27, Section 31 in Collier County. The site area is approximately t16 acres and is currently utilized as recycling facility for yard waste. The site will have one full- movement site access onto White Lake Boulevard. Only traffic generation, distribution, AM and PM traffic assignments, significance test and roadway link analyses have been prepared for this study. For purposes of this evaluation, the Buildout Year was assumed to be consistent with the Collier County 2014 planning horizon. CONCLUSIONS, RECOMMENDATIONS AND MITIGATION The analysis indicated that the estimated Fillmore Recycling facility site - generated trips are projected to be de minimus (less than 1 %) on Collier Boulevard. All roadway segments are projected to operate within their maximum service volume (SF,,,ax) or Level of Service Standard (LOS). As shown in Table 5, the levels of service for all links in the area of the project are projected to meet the level of service standards computed by the AUIR Tables for PM Peak Hour with Buildout Year Total Traffic. Therefore, no off -site improvements are projected to be required for this project. The developer proposes to pay the appropriate Collier County Road Impact Fees. R9005 CPA TIS- 001.doc PROPOSED DEVELOPMENT EXISTING LAND USE The Fillmore Recycling facility is located northeast of I -75 & Collier Boulevard interchange to the southeast of the Collier County Landfill on Washburn Avenue in Township 49, Range 27, Section 31 in Collier County. The site area is approximately ±16 acres and currently utilized as recycling facility for yard waste. One full- movement access onto White Lake Boulevard is proposed. AREA CONDITIONS SITE ACCESSIBILITY AREA ROAD SYSTEM The existing roadway conditions for the area of the project were used to provide the base Buildout roadway network. Exhibit 1 shows the existing roadways in the vicinity of the project. The roadway system inside the study area consists of the following arterial and major collector roads and streets: Collier Boulevard (CR 95-Q Collier Boulevard (CR 951) in the study area will be a north -south four and eight lane divided arterial roadway under county jurisdiction. The roadway alignment is fairly level and tangent. The speed limit is posted at 45 miles per hour (mph). White Lake Boulevard White Lake Boulevard in the study area is an east -west two -lane local roadway that terminates at Collier Boulevard. The roadway alignment is fairly level and tangent. The speed limit is 30 mph. R9005 CPA T1S- 001.doc 2 COMMITTED ROADWAY IMPROVEMENTS Roadway improvements are constricted to alleviate current area road deficiencies and to support future area development. For purposes of this study, a "committed" roadway improvement means that the characteristics of the higher -level facility may be used in the reserve capacity estimates. Since this is a Comprehensive Plan Amendment TIS, roadway improvements that are currently under construction or are scheduled to be constructed within the FY 2009 to FY 2011 time frame were considered to be committed improvements. These were identified in the Collier County 2008 Annual Update and InventoEy Report (AUIR) • 8 -lane expansion of Collier Boulevard near 1 -75 interchange and 8 -lane to 4 -lane converge near the main Golden Gate canal is anticipated to be under construction in 2010 TRIP GENERATION Site - generated trips were estimated using the anticipated operational characteristics of the site and the expected daily hours of operation. Approximately 500 weekly and 100 daily truck trips are estimated for the existing yard waste recycling facility entering and exiting the Fillmore Recycling site. Approximately 10% of the trips are estimated to be from private individuals with 90% coming from commercial sources. It is estimated that about 50% of site truck trips are to and from the nearby existing land fill site on White Lake Boulevard. The remaining 50% trips are projected to use Collier Boulevard directly to /from the project site. The proposed construction debris recycling facility is projected to generate an additional 150 daily truck trips. It is anticipated that the distribution between private individuals and commercial sources would be similar. The existing yard waste recycling facility operates with 15 full -time employees. An additional 10 full -time employees will be required to operate the proposed construction debris recycling facility. Operating hours are anticipated to be 7AM to 5PM averaging 10 hours per day. Based on the operational characteristics, 150 daily truck trips are expected to be evenly distributed through 10 working hours. The site - generated trip estimates that were derived as follows: 150 trucks /day = 300 directional truck trips per day = 300 trucks/ 10 hours = 30 directional truck trips /hour. Based on anticipated estimates of 50% in and 50% out, then 15 trucks are entering and 15 trucks are exiting the site during AM peak hour; and 15 trucks are entering and 15 trucks are exiting the site during PM peak hour. 50% of the truck traffic is anticipated to be to /from the existing County landfill, 50% of the truck traffic will access Collier Boulevard. The recycling facility will have an additional 10 R9005 CPA TIS- 001.doc 3 employees so at most, there would be I vehicle per employee for 10 vehicles entering in AM and exiting the site in PM peak hour. For analytical purposes, the truck component of the estimated site - generated trips was converted to passenger car equivalents (PCE's) using a truck factor multiplier of 1.7. The multiplier is based on Exhibit 20 -9 from the Highway Capacity Manual 2000 (see Appendix of Original Vanasse & Daylor, LLP TIS for copy of the exhibit). The site - generated trip estimate results are shown in Table 1. TABLE I LAND USE Estimated Truck Traffic Passenger Car Equivalent (PCE) multiplier* _ Truck PCE's Employees Total *Per Vanasse & Daylor, LLP TIS AM Peak PM Peak ADT Total Enter Exit Total Enter Exit 300 30 15 15 30 15 15 1.7 Link From To DIST Total Enter Exit 510 52 26 26 52 26 26 20 10 10 7 10 Collier Blvd 10 530 62 36 26 62 26 36 DISTRIBUTION AND ASSIGNMENT The pattern of site traffic distribution is based on locations of generators in the area surrounding the project and engineering judgment. Table 2 presents the assumed trip distribution and assignment. Exhibit 1 graphically presents the trip distribution. Table 2 Site - generated Trip Distribution and Assignment All site - generated trips are based on PCE values. R9005 CPA TIS- OOl.doc 4 AM Peak PM Peak Link From To DIST Total Enter Exit Total Enter Exit Collier Blvd Golden Gate Pkwy Utilities Drive 25% 16 9 7 16 7 9 Collier Blvd Utilities Drive 1 -75 25% 16 9 7 16 7 9 White Lake Blvd Collier Blvd Land Fill Access 50% 31 18 13 31 13 18 White Lake Blvd Land Fill Access Project Access 100% 62 36 26 62 26 36 All site - generated trips are based on PCE values. R9005 CPA TIS- OOl.doc 4 The percentage distributions were applied to the site - generated traffic volumes to detennine the site - generated vehicle trip assigrunents. Exhibit 2 shows the site - generated trip assignments for the PM Peak Hour. SIGNIFICANCE TEST According to Collier County Land Development Code (LDC) Section 6.02.02 and Collier County TIS Final Guide Dated 11 -03 -2006, "Significantly impacted roadways and intersections are identified based on the following criteria: a. The proposed project highest peak hour trip generation (net new total trips) based on the peak hour of the adjacent street traffic will determine the limits of the trip distribution and analysis. • Trips distributed on links directly accessed by the project where the project traffic by direction is equal to or exceeds 2% of the peak hour service volume for the adopted LOS standard. • Trips on one link adjacent to the link directly accessed by the project where the project traffic by direction is equal to or greater than 2% the peak hour service volume for the adopted LOS standard. • Trips on all subsequent links where the project traffic by direction is equal to or greater than 3% the peak hour service volume for the adopted LOS standard. In other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if both of the following criteria are met: (1) the project will utilize 2 percent or more of the maximum peak hour service volume at the adopted level of service standard for the adjacent and next to adjacent link, 3 percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. Significance was estimated according to Collier County's 2/2/3 rule, and the links were evaluated to determine whether projected operation would be within County standards. The data resources used for this analysis are shown in the Appendix. Table 3 presents the significance test results. Table 3 Significance Test Note: SF,,,,, for White Lake Boulevard were obtained from Thomasson Road and were provided by Transportation Staff for Collier Boulevard R9005 CPA TIS- OOl.doc 5 PM Peak Site PCT of Link From IQ ffmax Trips SF m,, Collier Blvd Golden Gate Pkwy Utilities Drive 3,515 9 0.3% Collier Blvd Utilities Drive 1 -75 3,515 7 0.2% White Lake Blvd Collier Blvd Land Fill Access 760 13 1.7% White Lake Blvd Land Fill Access Project Access 760 26 3.4% Note: SF,,,,, for White Lake Boulevard were obtained from Thomasson Road and were provided by Transportation Staff for Collier Boulevard R9005 CPA TIS- OOl.doc 5 The only site - generated trips that were estimated to be significant ( >2 percent of the SF, ) were on White Lake Boulevard between the land fill access and the project. The site - generated trip assignments were not projected to be significant on any links of the Collier County roadway network. PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES Background traffic volumes were developed using multiple sources. Specific Link volume data were provided by the Collier County Transportation Department. Data reviewed included the Collier County Transportation Operations Department 2008 Traffic Count Report Collier County Concurrency Segments Tables dated April 4,2009 and the 2008 Collier County AUIR . The Appendix contains copies of the applicable data used. Per methodology meeting dated April 22, 2008, proposed 4 to 8 -lane improvement of Collier Boulevard near 1 -75 interchange was confirmed by Collier County Transportation Staff. Maximum capacity SF,,,ax 3515 vph for Collier Boulevard between I -75 and Golden Gate Boulevard was used in the subsequent analysis in this report, per Collier County Transportation Staff's instruction. Table 4 presents the link- specific background traffic data with the information contained in the Collier County AUIR table for 2007. Table 4 BACKGROUND TRAFFIC VOLUMES Based on 2008 Collier County AUIR Max PK Hr Trip Total Remaining Link From To 29" 1 Volume Bank Volume Capaciv Collier Blvd Golden Gate Pkwy 1 -75 3,515 1,384 617 2,001 1,514 SFinax provided by Collier County Transportation Staff 89005 CPA TIS -00 Ldoc 6 Growth trends have been negative so the AUIR Trip Bank was used as the most conservative total volume of background traffic. ANALYSES CAPACITY AND LEVEL OF SERVICE LINK ANALYSES Link Levels of Service were evaluated for both Background and Total Traffic conditions for this project. The SF,,,,, for different roadway segments were provided by the Collier County Transportation Planning Department or from a similar roadway within Collier County as denoted on the 2009 AUIR Table. Copies of these data are contained in the Appendix. Table 5 presents the link analysis results. Table 5 LINK LEVEL OF SERVICE ANALYSIS RESULTS PM PEAK HOUR W/I Std BKGD Project Total AUIR BKGD Total Road Segments From To Traffic Traffic Traffic SFinax IMfk Traffic Collier Blvd Golden Gate Pkwy Utilities Dr 2,001 9 2,010 3,515 Y Y Collier Blvd Utilities Dr 1 -75 2,001 7 2,008 3,515 Y Y The studied links are projected to be within the level of service standards for the PM peak hour with buildout year Background and Total Traffic. Based on this analytical result, no further analyses are required. Appropriate turn lanes should be analyzed during the SDP process for this project. The developer proposes to pay the appropriate Collier County Road Impact Fees. R9005 CPA TIS- 001.doc 7 Fillmore LLC, Clo Yahl Mulching Simedga I-op "e"��"`°'°"R"'C 2250 W.s*bV- AVVhU., Como ltfno -- 7l�swm� Up Lirds, Lhk t Of N.p1.; FL 71117 Ledo swioot nm Wis 74174 Al.y 2000 RVW5CVAT _.i.d Fillmore Recycling CPA Site -Gen era fed Trip Distribution EXHIBIT FAIM II FUmorhurnA Clo Yahl Mulching 775 VYooda idp Ordw Vfi[ t01 3250 Washburn Avanua, Cemulflno reoe D+dfa 5~ MN 341H Nopks, FL 34117 May 2000 M-01-f Fillmore Recycling CPA PM Peak Hour Assignment EXHIBIT 2 APPENDIX • Initial Meeting Checklist— April 22, 2008 • Collier County Annual Update Inventory Report (AUIR), 2008 • Excerpt from Collier County Traffic Count Report • Excerpt from Highway Capacity Manual 2000 Golden Gate Parkway Mixed Use Subdistrict TIS Appendix INITIAL MEETING CHECKLIST APRIL 22, 2008 APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:04/22/2008 Time: ?:®O Location: Collier County Planning Conference Room (Trans. Ops.) SM.D Suite 211 People Attending: Name, Organization, and Telephone Numbers 1) Reed Jarvi P.E. - Vanasse & Daylor, LLP 437 -4601 2) John Podezerw insky-CC Transportation 3) •��5�leiGin� —GG T- ca,.est�rs� 4) 5) Studv Prepa.rer: Preparer's Name and Title: Reed Jarvi, Vice President Organization,. Vanasse & Daylor, LLP Address & Telephone Number: 12730 New Brittany Blvd, Suite 600 Fort Myers, FL 33907 (239) 437 -4601 Reviewer(s)— Reviewer's Name & Title: John Podezerwinsk i}_Project Manager Collier County Transportation Planning Department Reviewer's Name & Title: Organization & Telephone Number: Applicant: Applicant's Name: John & Teresa Fillmore, Fillmore LLC, C/o Yahl Mulching Address: 2250 Washburn Avenue, Naples Florida 34117 Telephone Number: Proposed Development: Name: Fillmore Recycling Location: On east side of 1 -75 & Collier Boulevard interchange, southeast of the Washburn Avenue & Crawford Avenue intersection in Township 49, Range 27, Section 31 in Collier County. Exhibit 1 shows the location and study area. Land Use Type: ±15 Acres site to be used as construction debris recycling facility ITE Code #: N/A Proposed number of development units: N/A Other: N/A Description: N/A Zoning: Rural Fringe Mixed Use District (RFMUD) Existing: Urban Comprehensive plan recommendation: Growth Management Plan Amendment Requested: N/A Findings of the Preliminary Study: Trip Generation: This project is projected to generate 62 PM Peak Hour net new (primarv) trigs (26 entering 36 exiting) 62 AM Peak Hour net new trips (36 entering. 26 exiting) Exhibits 2,3 and 4 present trip distribution AM and PM Peak Hour Site Trip Assignments. Study Tvne: P►°""` � {� Small Scale TIS j, Minor TIS ' Major TIS E] ee Study Area: � Boundaries: Collier Boulevard & Utilities Drive /White Lake Boulevard intersection (see Exhibit 1) / Additional intersections to be analyzed: N/A Horizon Year(s): 2013 Analysis Time Period(s): Weekday AM and PM Future Ofd Site Developments: N/A Source of Trip Generation Rates: Site generated triprgencration estimates were based on ov anticipated operational characteristics of the site and the expected daily hours of operation Details of site - generated trip estimates are included in the Appendix. l' Reductions in Trip Generation Rates: None: N/A Pass -by trips: N/A Internal trips (PUD): N/A Transmit use: N/A Other: N/A Horizon Year Roadway Network Improvements: N/A Methodology& Assumptions: Non -site traffic estimates: N/A Site -trip generation: manual method based on anticipated operational characteristics and hours of operation Trip distribution method: Manual method per attractors /generators in the area Traffic assignment method: manual Traffic growth rate: 2 Wi� "^" se ft ,ar-e 7 j�c . Special Features: (from preliminary study or prior experience) Accidents locations: N/A Sight distance: Adequate Queuing: N/A Access location & configuration: One Full- movement site access on White Lake Boulevard Traffic control: Unsignalized Signal system location & progression needs: N/A On -site parking needs: Adequate Data Sources: Collier County raffic Counts and AUIR for 2007 Base maps: Roadway Network Prior study reports: N/A Access policy and jurisdiction: Collier County Review process: Growth Management Plan Amendment approval TIS Requirements: N/A Miscellaneous: N/A � C Small Seale Study -et� X — Minor Study - 5750.00 x Major Study - $1500.00 Includes 2 intersections Additional Intersections - 5500.00 each Aff fees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign-off on the application. Applicant EXHIBIT A Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. Methodology Review - $500 Fee Methodology Review includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval /comments on a proposed methodology statement, and written confirmation of a re- submitted, amended methodology statement, and one meeting in Collier County, if needed. "Small Scale Study" Review - No A- dditional Fee (Includes one sufficieney review) Upon approval of the methodology review, the. applicant may submit the study. The review includes: a concurrency determination, site access inspection and confirmation of the study compliance with trip generation, distribution and maximum-threshold compliance, "Minor Study Rcvlew" - $750 .Fee (Includes one sufiicien.ev review) Review of the submitted traffic analysis includes: optionai,field visit to site, confirmation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of off -site improvements within the right-of-way, review of site access and circulation, and preparation and review of "sufficiency" comments /questions. Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or . trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of traffic growth analysis, review of off-site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" commentslquestions and/or recommended conditions of approval. "Additional intersection Review" - $500 Fee The review of additional intersections shall include the same parameters as outlined' in the "Major Study Review" and shall apply to each intersection above the first two intersections included in the "Major Study Review" "_`Additional Sufficiency Reviews" - $500 Fee) Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. '�i 1 h�'v r ; /..� i a� °k�✓� �� � ti '` ?r .:� ti�� .� _ v, � w 5'4 yy "� } 7 �° l'�. -,`� _ to rT .. r .,. L , q L °� -• ' .�_ s ,L:. �z3} .o �}... �..:. .:: � :-1;.. �_ t � i 75' M r I ( f I Flllmore Recycling 4121/2008 The site - generated trip estimates that were derived as follows: 150 trucks /day = 150 trucks! 10 hours = 15 two -way truck trips /hour = 15 truck trips /peak hour entering and exiting Based on anticipated estimates of 50% in and 50% out, 8 trucks entering and 8 trucks exiting the site during AM peak hour; and 8 trucks entering and 8 trucks exiting the site during PM peak hour will access Collier Boulevard. The recycling facility will have an additional 10 employees so at I vehicle per employee there will be 10 vehicles entering in AM and exiting: the site in PM peak hour. For analytical purposes, the truck component of the estimated site - generated trips was converted. to passenger car equivalents (PCE's) using a truck factor multiplier of 1.7. The multiplier is based on Exhibit 20 -9 from the Highway Capacity Manual 2000 (see Appendix for copy of the exhibit). The site - generated trip estimate results are shown in Table 1. TripGen I :1ProjectAO1.11811521Traffic18l l52 GMPATIS_01.As Rllmore Recycling Table I SITE GENERATED TRIP ESTIMATE LAND USE Construction Debris Recycling Facility Adjusted equivalent car estimates For Construction Debris Recycling Facility Employees Total Passenger Car Equivalent (PCE) multiplier = 1.7 TripGen 4/21/2008 AM Peak PM Peak ADT Tool Enter E2 jt Total Enter tit 300 30 15 15 30 15 15 52 26 26 S2 26 26 10 10 10 10 62 36 26 62 26 36 I:\ Projects \8II \61IS2 \Traffic\8I152 GMPATIS_Ol.xis Fillmore Recycling Table 3 Site - generated Trip Distribution and Assignments o�v PO �— r,Golden Gate FZ White Lake Boulevard/Utilities Drive Collier Boulevard Land Fill Access LINK Collier Boulevard Collier Boulevard White Lake Boulevard Whice Lake Boulevard All site - generated trips are based on PCE values. Distribution q /218008 I: \Profects\811%8 1 152\TraK+c \8I 152_GMPATIS_0l.:c1s AM Peak PM Peak DIST o ,I Enter Ext !4SaJ Enter ><t White Lake Boulevard /Utilities Drive 25% 16 9 7 16 7 9 1 -75 25% 16 9 7 16 7 9 Land Fill Access 507. 31 18 13 31 13 18 Project Access 100% 62 36 26 62 26 36 I: \Profects\811%8 1 152\TraK+c \8I 152_GMPATIS_0l.:c1s 412112008 Fillmore Recycling Table 4 Significance Test LINK Collier Boulevard Collier Boulevard White Lake Boulevard2 White Lake Boulevard Golden Gate f�, .. Wiiite Lake Boulevard /Utilities Drive Collier Boulevard Land Fill Access PM Peak Site PCT of To 5F � T--rip ' H White Lake Boulevard /Utilities Drive ,4s($ 2rrE59 9 $#3° 1 -75 3515, mss- 7 Land Fill Access 860 13 1.5% Project Access 860 26 3.0% All site - generated trips are based on PCE values. = LOS SmndarQand Sr, were obtained from similar road links in the Lee County Traffic Count Report 2005, February 2006 1:11'roiccts18 I I18l I521Trafiic18 i 152_GMPATIS_0I -XIS Significance Test Alarbma•I'F' COI.1]Y.R COUNT" INS ANNUALUP— C INV!'ITORV RI.IORT(AVIR). C.M.. C. 4y Tn..p.N•M. N. b—(B..ed.. Slwkn.ed t.rt..lrnMr nl.a.t) )1n1 Yn. 30M•:el] C.p0.l Inln•.Ilr.p.•cJ B.R.n tk.�s I. Tk..•.W1 IO tfe.N 3dOt Ink1N.r Prat L V... }r.k Dir Nwr Addww.J F..r•c..J Yn .I i.nl tub•i.nN.l ltl] Ce•no4�M. 01 . � MM MKMMMNMRM MOM FMMM ■©M�a anol �� OEM MKMKM KM 13 -- ® ®�® 1=3M MrrTM 51M - - - - -- ®■nom ®ate ���������������■� .m� ®.� OMEN= um KM EM EM ®im. ®ate. v a 13� la� �:..��...�....�.�...�. �...�.�...� ®� 13 o.■m sm OEM ® =E4� ® am® ®® - -- ®mom ®ate v^ nBtr>` r�t���' Rrwvrtimrn- ttIM.1�l1L'N711llLRll1���_ - - _ -- ------ - ©��� - - �111�CTa an i���3Z"3® ®ter ©C WI.M= C'T.*L�m��bQ'� am M= sin�.�n- m- Nmn�mrn��C ®� ®Mo ll�EIl1�L�lA':1JlICflJllLlllFL' UMEM �m� ®�0•iLi ®�o.�s w3s ®��0- MM -- - - mom ®momEM ®�� ■BEM EM MM a Mo am ®��� clam 13� =mom 13 ®mom MMM—MM wM®�SM MOMM ®� ��������.���.��■.. 01 EXCERPT FROM COLLIER COUNTY TRAFFIC COUNT REPORT 4IN.s s..wr. M w rm..urawr rase.. Atmo1 sr..a...+s.. r rnnamn. rarer wunry warw.e .. +••+V- ••••- ••- .- ..________. 01 -0t% 013001, 01.200] 01.2006 01n- 013906 03.3007 071001 OT-01% Wn 01 -IOOi 03 -1007 07-0tX 07.2001 DIM. 04300{ 043007 R.--1 Ot -0t% Din. 200. ADT Saaad on Ara9. C.-t. 2001 ACT 0.nd on AvalL Cwn1a 7009 ACT 8aaad en 10071-1 M.N. OI• 1.307 Count U a tec•Uen a F 65,904 17,677 56.166 14316 ... 15.958 29 151 7.716 4.90 110,7 6,994 x) lee 10 1 3'.54 22 d6 9 50 6]76 2171] 17 761 27137 27662 47.834 54.316 15769 41 Z 561E 30 711 69x77 JI,6W 57119 9.767 0 0 28.0]0 ]160 396 0 " SOe1 16.]69 9169 34 49 19,375 10.K3 0 0 21.907 2!412 2a 5 77,955 71690 31210 /0 /0 4420- "All 4060 •17.72% 4045% 21.1,27 .10.20% 62727 17.91% 1160 2259% )1176 12.757 26.691 276% 3,312 1.61% 4.9]1 24,S7% -• `- 6.315 71.05% 164715 S.J7% 10.092 6.47% 20.693 •15.92% - 100.00% 10.452 ].N% 7567 10 ]H 27 010 0.67% 25113 •1.19% 25659 -7.93% 39439 191% 239ro 37.10!% •100.00% .B- 100.00% 57191 20.72% 306% &leg 24019- 615]0 15.644 7,576 `t`.tl 23 Bel 19.146 3Aro `. 10.7,B 79A3B Is 897 '. 9?70 14.]07 16946 1511 1],437 Sr 156 27840 77996 ]I.75x 4t 994 27,751 2A MIL 1 771 154040 d. 21,596 27161 ]1079 N 1 11,112 7.190 1,.461 11.521 22.965 0 11.022 2, 319 26.066 .. t•:'O ". -• `. C.' 1^7.9-4 ]966 IS ]0] 0,718 6,717 10.062 23,313 23,090 8278 6951 0 35,173 to 649 10990 !1,717 30759 716]3 15.656 77151 31,006 2]071 12004 .1036 . -. 25400 t' .. 11,0011 39.175 D >S: - 19 .6914 1* 116.3 {% J.6i% 5.61% •106.66X' OAO% 0.00% 0,00% 0.00% -77A2% •111.112% 1127% 29.63% 0.00% 0,00% 97,7!% 1,Z2% 1&097 16,40% 119% 15,54% 7.60% 0.00% O.OD% 2.50% .OD% 50 FJ 0.702 14,067 7.022 I4 0]2 73,K, 1f 110. 715) 8.796 7D 112 17.146 9,311 31 ]51 17800 10.]66 ]5110 2.711 7]•564 28530 27 10.461 37.803 11.06% .d Ia•14 14.755 915% 623 34979 •10.12% 7]924 71971 •111,&1,3 %7";;`15'3 0 0 1DNg1 24,675 114780 �% 0 101463! 0 : Y!�`': ' 6014101 2,907 ]576 9444% M ]12 15,762 •132.05% 4.672 9 171 1 4097 2 086 19 1014101 0 0.24 7,065 15.0]% 0 1014631 0 16.201 160.63% 20 036 1] 109 •6Aa% 33 055 tv le] •11,9]% J]6f0 31061 11.60% 10.0906 19116 17.71% b]20 ^ - MOMOI 25.351 MDWIH 15410 10968 - 710,1.37E 9 h MDWM1 5SA16 724737 57 60 r'U;�:,Y`.. 2.A39 ,�, .. _ "].1191 ' ii +' 17,914 37,9M 56560 26 ,54 12111 75.806 0 1.667 16.70] 79610 71,952 57.596 25&11 6!31 22531 �¢ .1v`.'r ],912 16Asa -11.03% -7+3297 -2437% MONgI% 11014141 tDNIM 9314101 19.91% 631463! $131, 52,282 51,161 -6,716 3 37,676 51,196 4].612 15957 46,768 141-7 '12 0.900 1.119 573 O Co3.1SNd RKt ,-th 0avi•Urd SR14 L" bra Rd CR Sal awlh 1 Fine M9. R3 d M R8C R e6i iamiami TnG US 11/50.15 wIM 419914 Avatba 7bn11 VYdar0la D/ 9290/ north of /1114 Avp•re 7brin vanl7efGlt l•aUt 120 GR 861 wad Rd ICR 31 Verdar4a BtaU Rd [CA 662 w•.1 el C011lr BNd 7CR 951 Goodell• Rd R Kt north d tNne R Rd R 696 LR29 -49354! TamatN Trod U5,1 /SR gp Gu1laMra Of aoWh d B w Of Ca9 SNd JCR 2511 north d Golden Gal• BM 1119+AMal•N•M we.td VaMabRp 901 In.ro4.11:e Rd eK w1Md01 WN Rd CR ass L an BNd roll el Pata R Rd ICR t L an SNdISaMa Bansr• B W aaAh d Piro R Rd (OR 096 Redo Rd 92650 roil d Sella Bareara ehd NeM FWl5/w.9+d loin 5l GR29 SR x9 noNt d 1 6S Imrofdw Rd R 416 •05 d Co3•r 4141 CR 151 GoaNtle Rd CR G61 tbr0- o10nw1 Bbaaem -1846 Doodbll•R4 RK/ 22IM PlOn aBbaaem Or 1141 Rtl cafal wuadYr•rnY•loa Ntl CR 146 Rd LR J7 tbrM d Ors Bba•9.n a Pit• Rd CR 696 weal of Bhdl6ada 8Wbam ell Daw Sid SR 98 real of Cover B CR Kl read CROW nalnd Ratll••IULe Wm Rd 664 COVaf Sbd RK1 wuln dl1811bstbb/lnm Rd ICR 661 Tarrirnl TtN S 117892 90 ewt of Rd R 71 n Oat P C 666 •Mt d Sanb BYeMa BNd ,ro O 577 O 574 O 579 O 580 D 561 O 562 A SB] A 561 585 O 516 O Sal O 566 519 O 5911 591 A 597 O 9.62. 0 25071 73.854 14995 12111 18,607 _ 2].316 23,160 1.966 7684 49.18 0 0 20.088 4,500 a X02 4,163 37768 16 177 6w.s91 1.46] 1.06< 1.171 1.0,9 1500 10.754 9614 1.037 1 70 10 70,765 10.640 36 805 19.&17 21673 79.571 36.667 11.697 10200 22 0 S 21,GD7 0 9.27- 4462 21,917 "'!O 20.x71 17 254 2)579 10 »7 1023 21.014 39001 35665 22.0.11 20055 03'.� "0 4.67% -21,02% •100.00% •17.17% 11114.01 79.43% _ 3.95% 391% '1271. -1,015% •100&0% 70.507 23,251, 20.997 1,031 19.a23 19.51's 0 1.121 97]1 4.953 8.277 67]5 0 7,56] I9e95 3 -0.847 12965 30 269 20,266 19 752 27159 23.702 10']63 25,729 22.702 347 36071 ]a 751 17,092 36 775 75.011 M.Nt 24,495 21.319 79761 73450 0 3.,163 706x1 0 19.612 ,5.491 MOO 16.382 29 570 11657 1.On8 IMB 1,119 1064 11.36 1.155 7.094 1.22, 1,174 1.D7fi 595 O 598 O 597 O 590 O 600 O 601 O M!R O O a0S O 10 F7 31.111 27996: .:'0 51179 17107 291E ; t.'1? -. 1DNg1 S.71X -0.02% 21145 13621 1297 -1625% -3.76% IM 6", 25181 1.711 17.751 9656 1.361 7.030 601 O Ce6•f ONd CR 957 111.3 al Goden DIM. CR 016 -.111 71920 37,291 ZS 011 -8 .34% ]0731 76579 21.. 30 19177E 29154 23 1 1014/01 11386 6965 JA17 4431 6502 2100 9,617 J7 5611 26.201 .. f 6,513 S,265 2119 7.97! 6,50) 2.5]1 B, B69 0 22.399 !1.071 1.005 4.157 x432 6261 0610 1,94 7,•v1J 3) 667 36.74] 53781 ]4.55 %. �0 10.52% 7.510 23.60% 7462 7.22% 9026 -1.70% 5.001 00% O,OOY. 000 0.00% 0.001. -2261% 10.040 -0.18% 110 b 345 13AM 70119 •97.41% 7939 6,007 JOI3 7676 5113 - 3.071 9178 a 31.036 55436 7.099.107.5% 1.809 - 51.921. 2437 /7.11% 6,651 19.71% S.f90 •12.20% D 0.00% 0 OAO% D 0.00% 0 0.00% 0 CADY. 2466 0.61% 7957 1.57% 716 0 MaNgl 71083 -7.16% 111 <0 •111.12% 6.074 1.197 IA97 9634 57.!11 1.707 f0, 7N 1201] 7 3118 e.zro 6,075 7411 10936 19213 a ill 10509 0 71 .376 60 97. 7827 5.765 7.]61 9916 7.011 46 0 72 627 21707 5�, 79.27% 74M% 4.26% DI •014101 609 O 610 O 611 612 O 617 O 11 A t5 A 616 A 677 A 15 A 619 O 20 O 415 O 676 A 617 O 6Ia O amain n •a o Lab Ttallod Rd GR 690 MaldCnaon Rd Crown Rd noM 4111• Trafford Rd Ga0 WOaMx9 RJ 11414 MNatl515p S1 BR 29 /Iw/MorSel Rtl R29A •aal Ol Mat St SR 34 111NAwnlw NOrlhert dV-Or 901 -1w 54rYC W w W SIR 29 SR pnam dTamtamlTnl 11158 em6eri Trei U811/SRW war et 5R2fICRZ9 TomL+m T. US 41758 w weal of SR291CR 79 Clnaeb,aw t:rw.•we nnnh of mnlodOM P CR 510 watd3fl 29 lmrba011:a Rd GR 846 roll el StoeAltl• R0 Invne6YN Q4 GR NB 1011 e1 f]o00btb 920 CR 651 C Kwk Rd aaum d Immeaefe• Re CR 140 Cdiar Bbd CR 951 south el La BNd CR 437 Pill Rd CR 696 wal0lLMn all Rd CI4 ee/ -717 6.571 1.142 73.79% 1562 6.271 5796 •7.09% 3.721 7585 7 ,> -9.47% 1.019 10,172 10163 -0.09% 116x6 6.709 111111 33.61 743 700 GO 3 .6116 )L 2412 229% 7150 3897 1196 7.72% 1 71 IMM 5791 591% 10871 1.3116 2147 111 J.OfO 4347 1614 Gil% 10110 13,735 10032 3120% 56,14 0 0 1',157 J 7117 0 71 F2 72.150 29&60 •10.36% 0 54 ! 5,197 5,!101 1,136 3015 7,1x6 7135 7015 1.193 9.006 6969 6050 0992 7705 ]]01 7�6 1.546 0 3.756 4111 6pNax ]950 7697 1,198 1111463! ,.971 1,198 St91 /IDNgI 1 834 J 11, 10145 43 743 11198 611]86 76,199 11666 5.]72 801] 1.106 ] 9213 10648 0 0 15.34] 55.492 0 10221 f5<2 ! 2,147 7.763 6,961 )6.8]5 3 3S5 24,970 206.0x- 0 8.271 471 7• 0.961 1.018 14169 1.000 t. a 1.176 1.055 1752 1.]]'3 1.10% -2.10% MDNNIX •10.7]% •11.00% 0400% 115)1 D - EDII 8.707 17.78% 2.097 2).51% 1'170 MDIM 54-14 17.60% +^66.]64 ,' 99`6. 71465 5606 D D 10072 4726 5.9]9 �0 a �,u. OAl] 1071 1717 0 0 1014/01 •12.50% •15.70•& MDNAI 101463! MONgI 101463! 90NAI 101463! .014101 1014!01 629 O 630 O 1,31 O 672 O J O 34 A JS 3 34 5 37 5 34 A VM50ttGia BeeN Read R a6x n•al of bra Read JCR 661 VaMada51 B•al91 Rd CR 463 4-634 bra Re R63t 6LBafd real o/ nRd CR ]7 ard•rev Or Cfl 901 aoMh o1111NAvN •MwOi Dt CR 601 nerlh d V6nd•n11 Do do GR 66 Pbdal6nP •all of CR 20 Ever BM naN el DO Wet Rd CR 854 Ever BNd meth of Gel6en Gab B7.d CR 475 EM 864 saM Of Gelew Gab Ad CR 676 Oawb BM nom of Loden Geb BMd pewb OM aaAhel Cwdm Gate BNd sBM :aMdLyr+dMOR Swch Rd 92682 Gam Bam RO wuNdLC n- CireenBG+OwsIMBriaBarbenBrO 29777 !1.439 7760 Bala GtJ 7.202 NAGS 6781 301 L661 8.331 17426 15,569 0 L O IO,Be] 5,5111 716 N) 6.658 8.079 $.1114 2.597 2513 6 9 15.273 11,626 - 9910 4132% 6 2 11.79% 7516 1191% 509 •24.37% 6213 -9.41% 6.175 -19&6% S.SfI �A2Y. 2371 •11.05'/. 2.107 -17 .30% 5.416 - 30.71% 14,116 1.98% 9001 •2196% 14752 11.817 4.756 5,011 12.707 0: 100111 1275 a 967 8101 1186 1.870 16831. 1.94% t0A5unY%, O.00Y. ft 1 4265 1.179 7.1,77 III 7511 4.786 1,277 7.16] 67'. G8/G 5.649 1,00E B 090 7,490 6.061 1.002 11.568 12618 0.00% 000% 0.00% MG 9.�X 9.511. 6.074 B,73i 11.975 6.911 5.890 11.701 5.817 20.06% 6596 15.80% 0 O.00Y. 0 0.00% 0 0.001: 9.916 2761. 0 f 745 5.751 6.0]9 1.005 2207 7597 3,2]3 2,881 4731 13&36 2.517 0.6]9 15.373 34!07 54th t /814 79 A 6,0 A 641 A 11 O 1L41 10782 10,012 •16.90% 17113 11)19 10&51 t.ten 4IN.s s..wr. M w rm..urawr rase.. Atmo1 sr..a...+s.. r rnnamn. EXCERPT FROM HIGHWAY CAPACITY MANUAL 2000 Highway Capacity Manual 2000 Er = passenger -car equivalent for trucks, obtained from Exhibit 20 -9 or Exhibit 20 -10; and ER = passenger -car equivalent for RVs, obtained from Exhibit 20 -9 or Exhibit 20 -10. Iterative Computations Exhibits 20 -7 through 20 -10 —the grade adjustment factor fc; and the passenger -car equivalents for trucks (ET) and RVs (Lit) —arc stratified by now rates expressed in passenger cars per hour. However, until Equation 20 -3 is applied, the flow rate in passenger cars per hour is not known. Therefore, an iterative approach must be applied to determine the passenger -car equivalent now rate vP, and from that, either average travel speed or percent time - spent - following. First, determine the flow rate, in vehicles per hour, as V/PHF. Second, select values of fG, ET, and ER appropriate for that flow rate from the tables. Then, determine the v from those values using Equations 20 -3 and 20 -4. If the computed value of v is less than the upper limit: of the selected flow -rate range for which fC;, ET, and ER were determined, then the computed value of v should be used. If the v is higher than the upper limit of the selected Flow -rate range, repeat the process for successively higher ranges until an acceptable value of vp is found. Because the highest range includes all flow rates greater than 1,200 pc /h in both directions of travel combined, it can be used if a computed value exceeds the upper limit of both lower flow -rate ranges. Determining Average Travel Speed The average travel speed is estimated from the FFS, the demand flow rate, and an adjustment factor for the percentage of no- passing zones. The demand flow rate for estimating average travel speed is determined with Equation 20 -3 using the value of fHv computed with the passenger -car equivalents in Exhibit 20 -9. Average travel speed is then estimated using Equation 20 -5. where ATS = FFS – 0.00776v, – f,,, (20-5) ATS = average travel speed for both directions of travel combined (mi/h), fnp = adjustment for percentage of no- passinc zones (see Exhibit 20 -11), and vp = passenger -car equivalent flow rate for peak 15 -min period (pc/h). The FFS used in Equation 20 -5 is the value estimated with Equation 20 -1 or Equation 20 -2. The adjustment for the effect of the percentage of no- passing zones on average travel speed (fop) is listed in Exhibit 20 -11. The exhibit shows that the effect of no- passing zones on average travel speed increases to a maximum at a two -way flow rate of 400 pc/h and then decreases at higher volumes. The maximum value of fop is 4.5 mi/h. Determining Percent Time- Spent - Following The percent time - spun:- following is estimated from the demand flow rate, the directional distribution of traffic, and the percentage of no- passing zones. The demand flow rate (vp) for estimating percent time- spent - following is determined with Equation 20 -3 using the value of fHv computed with passenger -car equivalents from Exhibit 20 -10. Percent time- spent - following is then estimated using Equation 20 -6. Appropriate values of base percent time - spent- following can be determined from Equation 20 -7. PTSF = BPTSF + fd/np (20 -6) where PTSF = percent time- spent - following, 20 -9 Chapter 20 - Two -Lane Highways Methodology NOTES TO USERS ernaa,;, wow A,x,. ri.aak h ett+AtaaY 5f4ie �pdeM r, „n p a to .-m or va, -rep o . E , ��E•.mJ.o cPMns .Ian+ �a 9 Pmfilrs elFwd.ar re�;} a flpN 'ESr moan Mtt acca:rayAas [Ma PlrlAr. '.r .[ 3FEr sAwm a T<N - e,a�-y rre rlood a Y e rya.. -YH �� ,.m, urt .e -era sn .vrn an ma r -PM.wa o I r�K rows ma ana na d w, ea nd -wrz�wa �i �oroYpep * u a„airn r s ca aa?en� acv mre m ,4 r iriwaraxnnn�.ci�r � o�d .c.h ..nrr.xran .•f ,an -r:c; r�e�.rryn:rw<a e!rsnnax yamrnNbn tt .rar4faN 9a'r" rniwpwa v - ENracnE Ft'rnf Ir n for ru dmxx �.n dw Sar S.pn trc= a'bodu. „nmM fEfrorrm [trwaemwm ,n -rys M w uwd axa 0 rre ,u•i ....w ,n.. c. �F.. H A4. 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F art ftm arN ?o-•^.e - r <, ELEVATION REFERENCE MARKS w,eN x rte p x F f rNw ATTACHMENT K FLOOD INSURANCE RATE MAP JO•NS PANE! C.b )WXS '"E'. W.0 I LEGEND srfcLAf. «Ltxlo —1- .v.Etis wuNU�rm e +r ttxl -vEtR fLOOn LPN! 4 b N:ae rA'.mt ciarxkm.Ear.rnrvrrd LONE AE Pav nn-ri Nrwdmc ?vrnlrnd £ONF Aea f4,od nefps N I ^a ,.v.HneW.✓ N r.Mrna„ ec 9rv.1 ra±rNVe rssir.d zonE AO M b 1 ,nwlir 1,eet w., mi i'.f.,ee•� r ww .m1n �4n+fm dpuvre.e..M. LONE As9 T, 11 nrM �nm IOr wd by eederel frbad pna! ��,.nderc +a Waa kd_rv.narmrfar.- iOx[ VF Lu rl� � e,r YICH)VWAY ANEA.S 1N ZJNF. AE 4)t HG ^n ELQ[JV AtFAJ zaxF x r w'.r»r� m� rumen, ne arc.+prrrre:ma n ra.4- :+cna, .e:;,..ar OTI IER :taEAS zoNE • e.barminN r, W rvnitle srb -rcu ua�na.�2 zOXE P ae n .rN cx FrN FanrOr arz .,rJ.,n rrNnae, xr. paaxol «. L,.NUL ELOPED CO TAL BARRIERS' warroffad �o-nNiv.eM <xw:rwNa IdpPaaaa 1401 n famf «,a_.rf > aaa Ora Mr. wv ap«y n•r.n. «r a am m Mar.al aa:a f!m.lpbin drea,l..n - -- 0a«1rr.r sorrnc,Pr ndav 'lM1fding Syc lkvd H ,Ord b floundo lks g- v[�MUIf- Cgaxel Ea,e Pad CI 'thy.. rmti,2 fNntl IVa'uxd tww. —S13— B.rr Pua Fleva..,,r . E.wcm n c_r (eA as luv0 eai eaee Purl ziw+ekm In c,,,.t ... IFL fe.a ww wf •Ama N�.a rnrkPO r'+.ven =t>f to tNa 1HmM1 Ar:MCin Ywtkal (loam of r9tl0 R ie,cNnavl Na J+ v'araral Oalwa ar'.988 ' '4VU 93 :w C. V<nW i)ahxn "N29 sN4'O Z apn�inJy. N4V0 :'p reprrnNhr_ N a .mye M,aM. rvaknl m tlx noxet vhM fmc hGYD to ,r. .h ,r- �!m[xYidmthe !ww d�..lse �A ro BA inr NFrr pe��nr .,r m rneNm �.aoro ar ?rnp .A E �are of r�. -L saANa .gin .v ��urrrueE.a ,>. xoa> A: nrm [One oraxed , v a �raihW a.. arce ac. dv reanrt .nr cxn�Iwc.Wn� rnnw^e pm ar ua 1. Nerrwrel I— Imwarsa r'rcprem nm ixA1 e{ypV 4' ri 9CKE erF� X� NATIORAE ROOD INSURUCE PROGRAM FIRM MOD INSURANCE RATE MAP COLLIF,R COUNTY, FLOREDA AND INCORPORATED AREAS PANEL 425 OF 00 MAP NUMBER 12021CO4258 EFFECTIVE DATE[ NOVEMBER 17, 2005 Fr%ecai P.magencq NpnaRrmrnr ARCnxT! Attachment L Letter of Authorization gq/0�/2008 05 :24 233 - 59741575 RHA XNn LETTI;R OF AUTHORIZATION To WHOM IT MAY CONCERN: I horeby authorize Dwight Nadeau. RWA, In PAGfE 08/x8 (Name of Agent - typed or printed) to sery Agent I . a quest to a►nend the Collier County Growth Management Plan a tt property i e f'rf d 1 the App{loation. Signed. Data: Teresa Fiilmora Slgnod, Date: �' l /1 John Fillmore certify that { t�fa�s the authority to makt 5n Is true, o e agdl complete to the bi of Applicant STATE OF (Flpride) COUNTY QF (Colller) Sworn i and sub ribed bef4 nr this `� _day of /W 200 By �� Note ublle) MY COMMISSION EXPIRES: ANCIVLA LKRUM CRq. 5$E ORE OF THE FOLLOWING; Myctlst %tj"j0N4 W969376 who Is personally known to me, V'X" r xriautI who has produced and did take an 001 !��L� did not take an Oath NOTICE — BE AWARE THAT., Florida 5tetute Section 1337.08 - False Official 50ternents LAW states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public saivent in the performance of his official duty shall be !guilty of a misdemeanor of the aspond degrev, punishable es provided by a fine to a maximum of $500,00 andfor maximum of a sixty day Jai( term:" Rx tima:04 /02008 05:r-,- 60000'd 950# LO.10 8OWW /V0 Rx No, *-073 P CI$ Gh9bZ9£G£Z AM DIXIMNIHMNI IHVA:L10•IH Z0 30vd OKI VM8 8L90- L69-6EZ 610:00 S00Z/00/60 06 /18/05 09:53 F113 Z39ZGZT904 MIDWEST TITLE 10001 - -- - - - - - - - MM1 OR: 4041 PG; 3807 RBCORDED in OPPICIAL RECORDS of COLLIER COU"T, IL 0512312006 at 01:42M DRIGU 1. BROCE, CURE REC 111 16.50 DOC -10 ,70 THIS INMLwEN7 PREPARED 9Y: COPIES 2.00 Burnes D. Vogel, Esq. KIN 1.50 FhL Bar No. 0051373 Reta: vogel Law Office. P.A. PILUORE LLC Svibe i3, Midwest Tide Bldg. 2250 VAS9BBRR APE 3996 Tartdard Trail North N%Ptm Florida 34103 RAPLES PL 34117 4032 (139) 262-2211 PREPARATION ONLY WTTY•tOLTf OPLYION QUUCLAIM DF" THIS QLUCLMMDEEA made the 1� dayof 2M6, byFMLM0RR, LLC, hereinafter called the GRANTOR, to FILLLMORE, LLC, whose post office address is 2250 Washburn Ave., Naples, Florida 54117-4032, hereinafter called the GRANTEE. (Wherever used herein the tent "grantor•' and "gzantae" include all the parties to this instrument and the heirs, legal representatives and assigns of—tbrinilividuals, and the successors and assigns of corporations). 'R C Q WITNE,g SETH: That r, for and in on of the sum of S 10.00, in band paid by the said grantee. the hereby aclmo ed does hereby remise, release and quitclaim unto said t, t clan and demand which the said grantor, bas in and to the fo o t, f d situate, lying and being in the County of Collies and f o A parcel of IW 1 ' �. Section 4 a 27 Pe5k Collier County, Florida, particularly des fo Commencing at the N w Omer of the Sou " er of the Southwest quarter of Section 31, Township 49 e1 ence along the North line of the Southwest quarter of the So Section 31, North 89°58'41" Past, a distance of 343 feet to the Point ofBeginnmg ofthe Parcel of landherein deserlbed; Tb=e, continuing along the North lime of the Southwrost quarter of the Southwest quarter of said Section 31, South 89 05949" Past, a distance of 102930 feet; thence South 02 °0430" East, a distance of 658.93 feet; thence North 89°5814" West, a distance of 342.85 feet; thence South 02 1105'32" Pass, a distance of 558.99 feet; thence North 89 °57'41" West, a distance of 1029.48 fec�t; thence North 0200749" West, a distance of 558.60 feet; thence South 89 058127 "East, a distance of 34320 feet; thenceNorth 02 003'36" West, a distance of 658.67 feet of the point of fthmrling. property I.D.: 00341040004;00341360001;00337520004-00337040005;00341920409; 00341920302;00338600004 v:�tyr�raasu��v �. rwwsa000e�..Yex+.d*a+ Attachment M Quitclaim Deed 05/19/06 09:53 FAI 2392627904 MIDWEST TITLE Z 002 * ** OR: 4041 PG: 3808 * ** cogygyOggabetap- goRe to coasojid& all BUCels as outlined inthe Ptvoertvk(D's shown 1 ad recorded i OR Book 3270, page 2754- OR Book 270. tta a 2755 and OR Book 3270• uae 2759. TO HAVE AND TO HOLD the same together with all and singular the appurtenances themunto belonging or in anywise appertaining, and all the estate, right, titic, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity, to the only Proper use, benefit and behalf of the said grantee forever. Ly VjrrNESS WHEREOF, the said grantor has signed and sealed these presents the day and year fast above written. Signed, sealed and delivered in our presence: witnesses: Y. Arm Mw U'r nt Name, Z 40 � O (Si v i tiG (Print Name STATE OF h -tom COUNTY OF —& � Ligt,_ The foregoing Quitclaim Deed was acknowledged before me this Ifn day-of Teresa Filhnore and Join Fillmore, Managers of Fillmom. LL;;C, who are 0entifigEtiogir. — to me or who bas produccd ✓�'; SimAze of I\Tota �Y'•1 _ ,, , • . ` Typed or Printed Name of Nof3r�+ ! � Nuonri , CommissionNo. AN •.�O�i My Commission Expires:.o ; awe vn.�,rle��cros �ea..l rw.nKasouoo�i�,llo/sK d..affp SWErs ANK- ?3 - ?UU.9 '1'HU IQ: 4.3. All HMI) SULUAVINI,UYR,FA hRx NU, 2'3u bul ?W F. U4 Attachment N Disclo�ure of Interest Information UI'ER.ATI.NG AGREEMENT FOR FILLMORE, LLC TIJIS AGnSN NT is ras +da effective a$ of this der of March, 2003, by and among'Toresa Fillmare and JObn A. l+illmOro (horeinaftor referrod to in the singular as a "Member" and collectively as the "Members" said the "Marnbership "). DEFINITIONS 1. "Act" nleAns Chapter 608 of the Florida Statutes, A£ amended from time to time during the term of CosnpUty 2, "Adjusted Capital Account Deficit" means, with respect to auyMembor, the deficit balance, if say, in such Member's Capital,Account as of the encl of the relovsmt fiscal year, after giving effect to the following adjustments; a, "Credit to such Capital Account any Amounts which such Member's obligated to restore (pursuant to the terms of this Apeement or otherwise) or is deemed to be obligated. to restore pursuant to Regulations Sections 1.704- 2(g)(1) and 1.704.2(i)(5); end, b. Debit to such Capital Account the items described in Sections 1.704 -1 (b)(2)(ii)(d)(4),1.704 -1 (b)(2)(j%d)(5), and 1,704 -1 (b)(2)(li)(d)(6) of the Regulations, The foregoing definition of Adjusted Capital Account Deficit is intended to comply with the provisions of Section 1.704- 1(b)(2)(ii)(d) of the Regulations and shrill be interpreted consistently therewith. 3, ,Affiliate" of any Person means (i) any person directly or indirectly controlling, controlled by, or Lmder common control, whether tlu'ough ownership, agreement or otherwise, with such Person; (ii) any Person owning benefioially or of'reoord 1.(YA or more of the outstanding votiitg,securitica, McrrLbership intereata, or other ownership interests of such P erson; (iii) any officer, director., trustee, general partner or Person in a similar cspaoity iii or with the management of such Person,, and (iv) any Person Owning beneficially or of record 10% or inore of the outstanding voting securities, Membership interests or other ownership interests, or any officer, director, trustee, general Member or person in a similar capacity in or with the management of any person described in elauaea (ii) or (iii) above. 41 ('Agreement" means this Operating Agreement, as initially executed, or as amended From time to t'inle, as tlje cotiteximay requite. page 1 F1:LLLM.ORE, LLC • Operating Agreement Rx t ime:04 /'./2009 25:00 L60 V,00'd Z90# Z9:6Z 600Z/Z6/h0 Rx No .:049 M04 V0 39Vd ONI VM8 6ti9GZ966£Z 1b10 ]1X10 /9N1H01nN lHVA:WaaH 8L90- L69 -6£Z LOW 60OZ/£Z/b0 i RFK- C3 -?UUU 'I'HU W'�U AM HRIUIU ; ULUAVINI,UPAJA FAX NU, ab bul i'yyl N Ub 51 "Capital Account" means, with respect to any Member, the Capital Account W defined under general accounting principals and applicable tax laws, maintained in accordance with the following provisions:' a To each Member's Capital Acoount shall be added the following: i, The amount of any cash or the fair market value (or agreed value, as the case. may be) of any property made as capital contributions; ii. ;such Member's distributive share of profits and income items; and, iii. The amount of any liabilities of the .Limited Liability CoIr►pany assumed by such Member. b. From each Meittber's Capital Account shall be debited the following: i. Th© amount of any cash and the fair market value of any property distributed to such Member; ii. Such Member's disttibutivo shury of any lasses or itoms of deduction allocated to such Member; and iii. The amount of any liabilitica of the Member assumed by the Lirriited Liability Compatay. . in the event all or a portion of on interest in the Cornpmly is transferred in accordance whit the terms of'this Agreement, the tranefcrce shall sltooeed to the Capital Accotmt of the transferor to the exte3tt it relatos to the transferred interest. d. In determining the amount of any liability for purposes of this Par. agraph, there shall be taken into account Code Section 752(a) and any other applicable provisions of the Code and Regulations. orbs foregoing provisions and ti %e other provisions of this Agreement relating to the maintenance of Capital Accounts are intended to comply with Regulations Section 1.704 -1(b), and shall be interpreted and applied in a manner consistent with such Regulations. In the eve»t the Members shell dotonmiue that it is prudent to modify the manner in which the Capital Accounts, or ally debits or credits therow (including, without limitation, debits or credits relating to liabilities that are secured by contributed or dishibuted property or that arc assumed by page 2. FILLMOIU, LLC - Operating Agreement Rx time:04/22/2009 23:07 0 /900'd Z00# Z£:£Z GOOZ/ZZ /V0 Rx Ho.:049 PA-6 90 39Vd 9NI CMd D9VZO£G£Z Ala 31X]0 /OPIIHOIAW IH'dh:Wea3 9L50 -L69 -666 L0 :00 600Z/EZ/b0 AFK -i' -?UH THU IWU Aft HK1UlU �ULVAVIN1,U?A,l'A fAX NU. ?3y 551 ?Rl the Compruiy or Members), are colnputed in order to comply with such Regulations, the Mambers may }r,ake such modification, provided that it is dot liltely to have a matatial effoct on the amounts distributable to any Member horsunder upon the termination and liquidation of the Company. "Capital Contributions" Xneaxis, with respect to ally Membor, tho amount of money or initial value of property (other than money) contributed to the Company with respect to the percentage interest in the Company held by such person. The principal amount of A promissory note which is not readily traded on as established securities market and which is contributed to the Company by the maker of the note shall not be included in the Capital Account of any person until the Company makes a taxable disposition of the note or until (and to the extent) principal Contribution of a Member shall include the Capital Contribute ion made y a prcdace sort holder of the Interest of each Member. 7. "Code" means the Internal Revenue Code of 1.986, as am.ended, and any corresponding provision of succeeding law. B. "Cotnpnny" anesais the limited liability company lmo'-vll a3 FILLMORS, LLC. H. UU 9. "Company Property" means real property and improvements thereon, tangible and intangible personal 1 used in conjunction with its business. 1 p. "Consent" means the written consent of a Parson to do the act or thing for which the consettt is solicited, or the act of granting such consent, as the context may t'equire. Convent shall also include such PersoVe failure to respond in writing to n solicitation for consant within fifteen (1 S) days of the date the solicitation is made. 11. "Debt" means (i) any indebtedness for borrowed money or deferred purchase price of property or evidenced by a note, bonds, or other instruments, (ii) obligations as leases under capital leases, (iii) obligations secured by any mortgage, pledge, eeourity interest, encumbranca, lien, or charge of any kind existing on =Y asset owned or held by the Company whather or not the Company has assumed or become liable for the obligations sociued thereby, (iv) any obligation under any interest rate swap agmbement (the principal amount of such obligation shall be deemed to be the notional principal amount on whiob such swap is based), and (v) obligations wider direct or indixect guarantees of (ineludisxg obligations (contingent or otherwise) to assure a creditor against loss in respact of) indebtedness or obligations of the kinds referred to in clauses (i), (ii), (iii), and (iv) wbove, provided that Debt shall not include obligations in respect of any Accounts payable that are incurred in the ordinary course of tie Company's business and are not delh qucn.t or are being contested in good faith by appropriate prooeedings. page 3 r ?IL ,MpRB, LLC - Operating Agreement Rx time,04/22/2009 2307 LZ0 1900' d Z90# Z9:9Z 60OZ /ZZ /V0 Rx No.:049 P.00E 90 39t'd 3NI dMa R929069Z Isla 3IXIWNIHOTH TVA :w0AJ erso- L69 -6EZ L0 :00 6006 /EZ /ti0 A H- l' - ?UN I'HU 1u!4.i AM SKWIV SULVAV1N1, UYA, YA hAX NU. X35 byl 'eyyl F. U1 12. ,pl' efil Year" means (i) tlts period conunancing on the cGOctive date of thus Agrearneltt and �,,,• ending on Aecetnber 31, (ii) any subsequent twelve (12) month period con=ancing on January 1, acid ending on Decentbor 31, or (iii) any portion of the period described in clause fox which, the Company is requited to allocate Profits, Losses, and ot]' -er items of income, gain, loss, or deduction. 13. "Groh 4sset Va11u6" means, with respect to any asset, fibs, asset's adjusted basis far federal income tax purposes, except as fallo•a's: a. The Initial Gross Asset Value of any ascot contributed by a Membeir to the Company shall be the gross fair market value of such asset, as determined by all ' Mmnbers, provided that, if the contributing Member is a Managing Agent, itle determination of the fail market value of a contributed asset shall be determined by appraisal. b. The Gross Asset Valves of all Company Assets shall be adjusted to equal their respective gross fair market valuee, as determined by tllc Members, as of the following times: (a) the acquisition of an additional interest in iho Company by my new or existing Member in exchauge for more than It de InWimis Capital :.*. Cpntribution; (b) the distribution by tiie Company to a Member of more than a do rnWmis amount of Property as consideration for an interest in the Company; and (c) the liquidation of the Colupany withinthe meaning of Rogultrtivns Section 1.704,10)(2)(ii)(9); provided however, that the adjustments pursuant to clauses (a) and (b) above shall be made only if the Members reasonably determine that such adjustments ace, necessary or appropriate to reiisct!the relative economic interests of the Members in the Company; c, Mlie Gross Asset Value of any Company assets distributed to eery Member shall be adjusted to equal tho gross market value of such asset on the date of distribution as determined by the distributes and the Members other than the distributes, provided that, in the event of% disagreement, the determination of the fair market value of the distributed asset shall be determined by appraisal; and The Gross Asset Values of Company assets shall be increased (or decreased) to reflect any adju,tr►ents to the adjusted bssis of such assets pursuant to Code Section 734 (b) or Code Section 743(b), but only to the extent that such adjustments are talcon into acoomit in determining Capital Accounts pursuant to Regulations Section 1.704(b)(2)(iv)(m);•provided however, that Gross Asset V aluss sbAll not be adjusted pursuant to this paragraph to the extent the Members determine that an adjustment is not necessary or appropriate in connection with a transaction that would otherwise result in all adjustment pursuant to this Seaticn, page 4 FIi,LMC)RE, LLC - Operating Agreement R, time:04 /22/200 23:07 LZOIL00'd 650# ZE:GZ 600ZiZ11 Rx No , :049 P.007 L0 39yd ONI GMd GVW966GZ idId 3IXI0 ONIHOT911 TVA:uwoa� OL50- L65 -6EZ LO:00 600ZiEZ /PO w - ?L -?UN THU 1U :44 Al WlU10 SULVAV1Nl,UYA,YA hAx NU, 2a b8l ?L Ul N. Ub 14. "inierast" or, "Mornbership Interest" means the ownership intereet of a Member in the , , ,1 � 1-1 V k :.1 �� coxnp8ny, at• any psrtiot►lar.tinte, including the right of Such Member to any and all benefits to which such Member maybe entitled as provided up this Agreement and in the Act, together withthe-obtgat.•ion of such Member to comply whin all provisions of this Agreement and of the Act, as ilia same may from time to tirne change by virtue of transfers or changes in capital contributions of the Members or otherwise, which interest, expressed u a percentage, shall absent proof to the contrary be as set forth on the Schedule 1 attached hereto or in an amendment thereto. 15: ' "Mombor" riieans any 'person which becomes a member or a successor member as provided herein, and which is listed on the records of the Company as owner of a Membership Interest in the Company. 16, "Net Cash from Operations" means the gross cash proceeds from Company operations (including sales and dispositions in the ordinary course of business), ler's all expenses, including taxes and debt service of the Company, and Ices the portion thereof used to pay or establish reserves for all Company, expenses, debt payments, capital improvements, replacements, and contingencies, all as determined by the Members. "Net Cash from operation" shall not be reduced by depreciation, amortization, cost recovery deductions or similar allowauom, 17. "NA Cash from Extraordinary Items" means any transaction not in the ordinary coarse of business which results in the Company's receipt of cash or other consideration other than Capital Contributions, including, without limitation, proceeds of sales or exchanges or other dispositaona-of property7iot in the ordinary course of business, financing, refinanoing, condemnations, r%Overi es of damage awards, and insurance proceeds, less any portion thereof used to establish reserves, all as determined by the Members. "Net Cash from Bxtraordinmy Items" shall include all priuoipal and interest payments with respect to any note or other obligation received by the Company hi connection with sales tod other disposition (other thm in t110 ordinary course of business) of PZOperty. 1. $. "Notice" rnemis a writing cOntmiuing the information required by this Agreement to be communicated to the last •known address of such person, the fifth business day after deposit in 1110 U.S. mail being deemed the date of such Notice; provided, however, that any written commtmioation containing such infbrmati.on sent to such Person in any other manner and actually received by such Person shell constitute Notice for all purposes tusder this Areentent on the elate of actual receipt. 19, "Parson" means any individual, limited liability company, Membership. corporation, taut or other entity. 20, "Profits" and "Losses" meads, for each Fiscal Year, an amount equal to the Company's taxabl.e income or loss for such year or period, determined in accordance with Code Section page 5 FILLMORB, LLC . Operating Agreement Hix time: Wi 22 /200' x:07 LZO /800' d Z50# 88:82 6002 /ZZ /r0 Rx No, :043 PRE 80 3JVd DNI VMS! 6GWSM 1410 31`/,IO!9NIHOT11 -H'VA:wOAJ 8L90- L69 -6EZ L0 :00 60OZ /EZ /V0 AYH- ?'d-?UW THU 1U:44 All UHNIU SULURVINI,UYAJA hAX NU. 'L3y b9l 2M N Uy 703(x) (for this purpose, all items of income, gain, loss, or deduction required to be stated. .. sepuotzly ,pursusnt:to.Cgde.Seciion 703(x)(1) shall be included in taxable ineoma.or_loss),...._.....•. witlr the following adjttstmelsts; a. Any income of the -Company that is exempt from federal income tax and not otherwise taken into account in computing Profts and Losses pursuant to this Section shall be added to such taxable income or loss; b, Any expenditures of the Company described in Code Section 705(a)(2)(A) oz treated as Code Section 705(a)(2)(B) expenditures pursuant to Regulation; Section 1.704(b)(a)(ivM, and not otherwise taken into account in computing Profits or Losses pursuant to this Section shall be subtracted from such taxable income or loss; C. 11, the event the Gross Asset Value of anY Company asset is adjuBtcd pursuant to the provisions herein, the amotmt of such adjustment shall be taken into account sa gain or Ions from the disposition of such asset for purposes of computing Profits or Losses; d. Qain or lose resulting from any disposition of Company Property with, respect to which gain or loss is recognized for federal income tax proposes shall bo computed by .reference to the Cross Asset Value of the property disposed of notwithstanding that the adjusted tax basis of such property differs from its Gross Asset Value; e.... Tatho:extcnt.an adjust ment to the adj.ustedtax basis of any Compeny assetpursuaut to Code Section 734(b) or Code Section 743(b) is Toquired pursuant to Regulations Section 1.704- 1(b)(2)(iv)(m)(4) to be taken into account in determining Capital Accounts as a result of a distribution other than in liquidation of a Membcr's intarast in the Company, the amount of such adjustment sltall be treated as an item of gain (if the adjustment increasea.the basis of the asset) or loss (if the adjustment decreases the basis of the asset) from the disposition of the asset and shall be taken into account for purpoaen of computing profits or Losses; f. Notwithstanding any other provision of this Section, any items which are specially allocated herein shall not be taken into accouni in cornptitinb Profits or Losses. 21. "Regulations" means the regulations promulgated by:the Depulmtnt of Treasury under the pro'vi;i.ons of the- Code. 22. "9ubsiatute Member" means any Person admitted to the Company pursuant to the page 6 FILLMORE, LLC - Operating Agreelnent Rx time-04/22/2008 23:07 Rx NQ , :049 P.009 LZ01600' d Z90# DMZ 600Z /•ZZ /V0 6b9bZ9W A10 3I X. I MN I HOTM IHVA: wo a d 60 39Vd 9NI dM21 8L50- L6S -6EZ L0 :00 6002/EZ/b0 RVK- Y 'S-1UUy THU 10144 AM UK1u1U �ULUAVINI,UVA,1'9 1M NU, 'LUbE ?W tarnls h.ercof. • ° 23. "Units" mcans all tutits o.[Mor3ibarship Intcrest in Company. page 7 FILWORE, LLC - Operating Agreement Rx time; 04/22/2009 23:n5 LZO /010'd Z50# GO:OZ GOOZ /ZZ /PO 01 39Cd Rx, Ido.:049 P.010 GP9PZ9£GGZ ONI VMN N, 1 U idIO 3IXIMNII OTH TVA:woad BLS0- LGS -6EZ L0:00 6002 /EZ /v0 A?K-?U-MU '!HU 1U;44 Aft BRIM WLUAV1Nl,UPA,VA h'RK NU, 'LUU byl ?Hl THE AGREEMENT The membera desire to form it limited liability company pursuant to the laws oftha State of Florida, Accordingly, in consideration of the mutual covenants contained herein, they agree and certify as follows; THE LIMITED LIABILITY COMPANY 1. EmmWon, Tba members hereby form a limited liability company (the "Contipany" or die "Limited Liability CompU1yl sttbj act to the provisions of the Florida Limited Liability Company Act as otitrrenily in effect (the "Act "). z, jrjlinc, The Limited Liability Company has been organized as a Florida Limited Liability Company under the Florida 'Limited Liability Company Act by the filing of Articles of Organization with rile Office of the Secretary of State of the State of Vlorida. A. copy of the Articles of Organization, as filed, is attaohed as Exhibit A. The Mornbers shall malty any other filings required by law to be filed and recorded hereafteT ibr any reason, in ouch office or offices as are required under the laws of the State of Florida or elsewhere. The Members shrill do all other Rota and things that may now or hm&fter be required for the perfection and oontinuing maintenance of, the Company as a limited liability company under the laws of the State of p lorida and maintain the Company as a foreign limited liability company under the laws of any oche* state'where Company proparty ie located, 3, Name of ited Li ' Co nv. The name of the limited liability company shall be FILLMORE, LLC (hereinafter referred to as the "Company "). 4. Rag{ptcred O ce. rte sLered Aeon!, The location of the registered office of the Company sha11 be U50 Washburn Avenue, Naples, Florida 34117, and thereat, OT at such other location as the Members may designate, The Compmly's registered agent at such addross shall be Teresa FYilmore. 5, prioeiDal Ufiiee FQ lttee of usioese. The principal office of the Company shall be at 2Z50'VVeshburn Avenue, Naples, Tlorida 34117, or at such other location as may be hereaitor be determined by the Membership. The Carnpa�y may also maintain a place of business at such Diller location as theMarnberahipmay clatenvine. The Membership ehall proi�lptly notify thc'Members of any change in the principal office or othw place of business, or of the estabiislunent of additional offices. gaga 1 .F MORE, LLC - Operating Agreement Rx t i me : 04/22/2009 23:08 LZ0 1110'd Z50# OO:OZ 600Z /ZZffl Rx No.:Gels P.011 ZI 3DVd ONI VMN 6h9GZCj£66Z 1x10 3IXI0 /DIIHOlf1W lHVA:wOIJ BL50- L69 -66Z LOW 6002/6z/170 ANK- � '3- ?UU8 THU 10,44 RM dKIUIU SULUAVINI,Li' PA ARTICLE I FAX NU, [' 8 byl alll V, 12 PURPOSE AND EUSMSS OF TLS COW ANY The sole purpose'of the Cc mpariy is to acquire, otiVn, finar►ae or refirianoe, operate, develop, lease, sell, dispose of, and otherwise )nlnage the Company property for investment purposes and to eng ge in any and all activities, related or incidental, to the foregoing purpose and tiny tlter business permitted by Florida law, particularly the acquisition, management i Ltd development of rental property (the "Project "). 2_ ulborl!y of CaMpAny, In order to carry out its purpose, the Company is empowered and authorized in finiherance of the Company business any subject to the provisions of this Agreement to: a, Borrow matey mid issue evidences of indebte nes$ in furtherance of any or all of the objectives of its business; b. Lend money and gum-antee loans in furtheran a of the Company purpose C. Acquire, construct, hold, maintain, sell, trans , convey, assign, mortgage, pledge, exchange, or- otheitivise dispose of Company sets; d, Acquire the assets, stook, limited liability co pang interests, Membership interests or other ownership • interests of, merge or conaol date with, any other business organization; e. Make investments in interest bearing and nor ; - interest bearing obligations f, Enter into, execute and oarty out contracts at agreements and any and all Other documents and instruments; g, Bring and defend actions at lave- or at equity; 1r, Purobase, cancel or otheiwise retire or dispo a of the Interest of any Member, pursuant to the express provisions of this A .eernent; and t inns recess Tr ro Er i» furtherance oithe Company i. Any and all other acts and h ary I P P business, Rx t i me; 04/22/2009 29,:08 Pago 2 FILI'MORE, LLC - Opera uig Agreement Rx W.:049 p,012 LZO /ZIO'd Z50# 62:6Z 6002 /ZZ /r0 Gv9hZG60 AG 3IXI NNIHOIAN IHdA:mOad Zi 39Vd DNI VMa 8L90- L69 -6EZ L0 :00 6002/EZ/V0 hi AFK- 'e3 - 'eUW THU 1U.44 ffirl HK1U10 SULURVIN1,UrA,FA hSX NU, ?3U W ?b9l N. D ARTICU II MEMBI;R.S AN 1V!(EMDERSHIP IN'i'ERTSTS o'ittil ConjribnggAL At s11811 time as rcgttested by the Managing Agent, but no later than the date of the purchase money loan for the Prgjeet, the Members shall malce Capital Contributions to the Limited Liability Co>rnpfwY (the "Company ") as set forth on the attached Schedule, s. Tjnita in the Company shall not be issued to a Member until receipt of such Member's initial Capital Contribution hereunder, 2, Me be ship Interests. The names and addresses of the initial Members, as well as their initial Membership Interests, -hall be as set forth on Schedule 1 attached hereto and incorporated herein by reference. Additi 2pid Con dbutlon_s, Each Member sliall be responsible for its pia rata ahuO (based out its Membership Interest) of additional capital contributions {"Required Capital Contributions ") required pursuant to a notice From the Membership, subject to the limitations herein, In the event that Required Additional f ontributions are required by the Members, each Member shall, within thirty (30) days of-notice from the Membership of such Required Capital Contributions, contribute cash to the Company towerde satisfaction of such ..r�..,.. obligation. N•otwithstauding the foregoing, the Membership shall not require unreasonably high reservot in order to cause Required Capital Contributions to be made by the Membem Fiuther, the Membership shall not give notices for Required Capital Contributions except to this extent that euob Required Capital Contributions are necessary for the purchase, development, operation or repair of the Project. 4, RMtr of CAWC—QU ib.Stti0JV- Except as provided in thia Agreement, no Member is entitled to demand or receive the return of his capital. contribution. g, �j�ted t jnbitity Comoanv Votinv. In all matters submitted to the Members for a vote, each Member shtLil vote in proportion to suoh Member's Interest in the Company, ARTICLE Ili ALLOCATION OF PROFITS AND LOSSES AND DISTIUBUTIONS 1 ARWilons. a, ,Prvftts. Pro-fits shall be relocated to the Msrabors in moordanoc with their respective Membership Biterests ill the Company. page 3 FILLMO]ZE, J LC - Operating Agreement Rx time:04 /22/2009 23:08 LZO /610'd Z90# V6:6Z 600UM10 R)" 140,:049 P.013 6l% vzsm6Z AI0 3IXIMNIHOTH 1HdA:w0JA 61 3DVd DNI GM6 BL50- 165 -6CZ L0 :00 6002/CZ/170 Rt'K- C "s-'LUUy THU lU,4b AN SKIUIU SULUAVINI,UVA,YA hAX NU, byl 2*1 l', 14 1 b. Losses. Losses shall be allocated to the Members in accordance with their respective Mernborship Litorests in the Company..... Z, �llstributiaus. From time to tiane the Limited Liability Company may distribute r the IVivmbers any cash or property which is deemed avRilablo for distribution. 'In determining the amount "available fox distribution" the Membership shall consider the needs of the Limited Unbility Company for operating capital, the profits or losses and cash flow projeoted to be generated from operations of the Limited Liability Company, the bowowing power of the Lirriitcd Liability Company, as well as any debt ieduetions which may be required to be made, the need to establish cash reseives for arty eatttingencies and such other criteria as the Membership may deem appropriate under the eireurastar►ces, No distribution shall be made if, after giving effect to the distribution, the liabilities of the Limited Liability Company, other than liabilities to the Members for profits, losses and distributions and liabilities for which the recourse of creditors is limited to specified property of the Limit-ad Liability Company, exceed the fair market value of the sasets of the Limited Liability Company, except that the fair value of the property that is subject to a liability for which the reecttree of creditors is limited shall be inol'nded as an asaet of the Limited Liability Company only to such extent that the fair market value of that property exceeds the liabiliiy. Except as otherwise provided for in the event of liquidation, all distributions, whether from Net Operating Cash Flow or Net Cash from Extraordinary Items, shall be distributed to the ivieirbera in accordanc6 with their Membership Interests in the Limited Liability Company. .., ... ARTICLE IN' RIGHTS, OBLIGATIONS AND POWERS OI' THE MEMBERS , I, Managemeut,. The Company shall be managed by the Members. Except as otherwise provided in this Agreement or the Act, each member is art agent of the Company for the purpose of the Company's business affairs and the act of any Member, including the execution in the name of Ills Company of an instrument for apparently carrying on in the usual way the business or affairs of the Company, binds the Company, Unless the Member dons not have authority to act for the Company in the pm6eular matter and the person with wbom the Member is dealing has lmowledge of the fact that the memo or does not have the authority to act � - Me tl rgA of and Voting by UDPULbers. A meeting of the Members may be called at auy time by those Members holding at least thirty percent (30 %) of the Peronntages then hold by Members. Meetings of Membc,s eha11 be held at the Company'a principal place of business or at any other place designated by the P Orson calling tho meeting. Not less than five (5) nor more than ninety (90) days before each meeting, the Person calling th-e meeting shall give written notioe of the meeting to each Member entitled to vote at the meeting, The pogo 4 F]Lj. C)pE, LLC - Operating Agreomaat Rx t i me.04/22/2009 2'x:08 LZO /%i0'd Z90# V :OZ 6002 /ZZ /GO Rx No.:049 P.014 VT 39dd 3NI dMa 6VW9P,6£Z IdIO DIX10 /0111HO -H �HVA:woad 8L50 -L65 -666 L0:00 6006/EZ/00 APR -23 -2009 THU 10!45 AM BRIGID SOLDAVINI,CPA,PA FAX NO. 239 591 2991 P, 16 :.• notion s1a311,state the time, plane and purpose of the meeting. Not+vithstanditig the foregoiug provisions, each Ivfember who is entitled to notice waives notice if before or after the meeting the Member signs:a waiver of the notice which is filed with the records of Members' meeting", or is present It the meeting in per6otl or by proxy. " Unless this Agreainent provides otherwise, at a meeting o QMembers, centhSlp/) of the person or byproxy of members holding not less than fifty p Perceutagaa tbon held by Members constitutes a quorum, A Member may vote either in person or by written proxy signed by the Member or by th.e Tgember's duly authorized attomoy -in -fact. b. Except as otherwise provided in the Act or in this Agreement, the af%nnative vote of Members holding fifty -one (51 %) or more of the percentages then held by Mornbers shall be required to approve any matter oomblg before the Members. 3, perng aLServtee, No Member shsll be required to perform services for the Company solely by virtue of being a Member. Unlees approved by the Members, no Member shall be entitled to compensation fbr services performed for the Company. Upon substantiation of the amount and purpose thereof, the Member shall be entitled to reimbursement for expenses reasonable incurred in Rutherance of the business and affairs of the Company, 4. Du ,i"o ramie . A Member shall not be liable, responsible, or accountable in damages or otl3enviee to the Company or to any other Memboz for :uty action talceu oar n -ed on the Member by behalf of the Company within the scope of the authority this Agreement or by law, unless the action was taken or omission was merle fraudulently or iu bad faith or unless the action or omission constituted gross negligence. a. b. Except as otherwise expressly provided in Section 4.c,, Clothing in this Agreement shall be deetned to restrict in any way the rights of any Member, or of away A01liate of any Membor, to conduct any other business or activity whatsoever, and no Member shall be accountable to the Compiwy or to atty otherMember with respoct to that business ar activity evon if the business or activity competes with the Company's business. The Orgaauzation of the company shall be without prejudice to the Members' respective rights (or the rights of their respective Affiliates) to maintain, cxpatad, or diversify such other itutorosts and activities and to receive and enjoy profits or compensation therefrom, Ench Member waives any rights the Member might otherwise have to share or pnriieipsto in such other interest or activities of any other Member or the MenibaeB Affiliates. c, Lach mej'nber understands and nclmowledbes that the conduct of the Company's page S FTL,LM0M, LLC - Operating Agreement Rx time.04/22/2009 2328 0/910'd Z00# VMZ GOOZ/ZZ /VO S t 39tid Ric Ido,:049 P.015 ONz t;MZJ GV'VZ9GGGZ lal0 31XINNIHOTH IHVA:w0JA 8L90- L65-666 L0:00 600Z /CZ /b0 Rt'K- ?d-CUUS •I'HU IU:9b AM lil{IUIU SULUAVINI, UFA, PA VAX NU. Gay bbl ?Ubl V, lb business may involve business dealings end undertaltmgs with Members and their Affiliates, In any of those caees,;tltoso dealings and unde"'9cings shall be at arm's length ani bit commercially reasonable terms. S. LiabtiLq and Xttdo Ma adnn. a. A MEMBER, AN AGENT, OR ANY EMPLOY -BB OF THE COMPANY SHALL NOT BE PERSONALLY LIABLE FOR THB DEBTS, 0!9LIGATIONS, OR LIAi3nMM' S OF THE LIMITED LIABILITY COMPANY WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, OR FOR THE ACT OR OMISSIONS 07: ANY M&MBER, AGENT, OR BMPLOYEFS OF THE COMPANY. b, The Company shall indemnify each Member for any not performed by the Mernbor with reepgot to Compm -ty matters, except for willful misconduct or recklessness or an intentional breach of this Agreement. ARTICLE Y TRANSFERS OT, AND RESTRICTIONS ON TRANSFERS OF INTERESTS OF MEMBERS 1, Inves xnentRpareseptntiona. Each Member hereby represents and warrants to the Company and the Memberallip as i'ollolvs' a, Such Nlembor lies sufficient lalowlodgc and experience in ORAncial and business matters that it is capable of evaluating the merits ar�d risks of its investment in the Company; b, The Compsny has Inade available to such Member and his advisors the opportunity to esk questions of., and receive'Hewers :Com, tho Company and any pErson acting ou lets behalf ooncerninS the terms and conditions of the afreriug of the Compruiy luterosts, the Company, its business, and any other matters which such Member or his advisors deemed material to its purchase of tho Company cese and toaoi twin any additional b1formation, to the extent tk c Compally p osss such can acquire it without tilnreasonable effort ox expanse, necosssry to evaluate the merits an risks of an investment in the Company. o. 8ueh Member is acquiring the Company Inte Ost for lus own account, for investment only, uud not with a view to the resole or distribution thereof, Such Member agrees tlu1t be will not sell, assign., Or transfer such Interest Qr fraotion thereof to n113, Person who does not similarly represent, warrant and agree to these L+ivestmm'it Representations. page 6 FILLMORE; LLC - Opemftg Agreement Rx time:04 /22/09 23 :09 LZ0/9t0'd Z50# VMZ 60OZ /ZZ /b0 Rx No .:049 P.016 9Z 39H8 ONI VM2i 61 vz9e6eZ IdIO 1XIMNIHOInH �HVA:woad 8L90--L69 -6EZ L0:00 600Z /EZ /70 AVK- '0 -?UW THU lU;4b Afl BKltifU SULVAVlNl,UVA,PA hAK NU, ?b Syi ?m d..• ..:. �he,ouerall commitment of such Member to investments which are not readily marketable is not disproportionate to has net worth, and his investment in the Company will not cause such overall commitment to become cxoeseive. o, Such Member has adequate means of providing for its ourreat xieeds and personal contingencies and hm no need 'for c1meAt income or liquidity In his investment in the Company. £, Such Member is aware that this inv eetment involves a high degree of risk and that it is possible that its entire investment will be lost. Such Member is able to bear the economic risk of this investment in the Company and can afford a complete loss of such investment. g, Such Member understands that (i) in reliance upon such Memboea representations, the Company Interests have not been registered under the Seiearo not so any applicable stato securities law, (ti) because the Coinpany Interests registemd, such Member must bear the eoonornic risk of holdivs the Company Interests indefinitely and the Company Interests caanot be sold without registration under the Securities Act or applicable-state securities laws or exemption therefrom; (iii) the Company will note the restrictions an resalo set forth ubovo on its transfer records and any certificates of ovnisrsl ip; (iv) neither the Manager nor anyone else " hris undertaken to register for resale, any of the Company Interests under the Securities Act, (v) Rule 144 promulgaied under the Securities Act is not, and probably never will be available for resales of the Company Interests; and (vi) there is no trading or resale market for the Company Interests, a_nd it is not likely any such market will ever exist in the future. Z, L�m�rafians on Trnnafer of 11 Lill Compnnv Interests. a. Except as otherwise provided herein, no Member shall transfer the poroen e interest z► in the Lbizad Liability Company oved by such Member, by sale, gift, Pledge, or by operation of law, either voluntarily or involuntarily, except in compliance with the temts of this Paragraph and any transfer in violation hereof :]loll be null and void and of no effect. Until a Member`s percentago interest in the ]•.united Viability Company is properly trazjsrerred in accordance, with the terms heereof, the Limited Liability Contp my shall not be bound to recognize or deal with any third patty with respect to sucb percentage interest. b. Subject to the provisions of subperao aph tl, the Mambera shall bn petauitted to transfer their lnterests under the follawunr ciretunstances' page 7 pILLMOR1s, LLC - Operating Agroement Rx time:04 /22/20R9 28 :09 LZO /Lt0'd Z90# h0:6Z GOOV VO R'x No .:049 P.017 LT 39bd ONI VMN 6b9f'Z9669Z AI0 1XIa /9NIHOTH -IHVA:woaA BL90- L69 -6£Z L0 :00 6002/EZ/p0 A1'K- K3 -KUUJ 'I'HU IU;9b AN MIUIU SULUAVIN1, UFA, FA hAx NU. Kay 5Ul ?8ul V. 18 1 3 Upon the death of any individual Membor, such Member's Interest shall b$ transferred in. accordance Nvith Well Member's Will, substitute testamentary document, or by operation, of law, subject to the terms and conditions of any separate written agreement between the Members; ;- Ar.,individual. Member may gift his Interest to an immediate family member, or-....... Q antor or lion - grantor, trust, for personal estate, p1ming purposes in order to reduce or avoid potential federal gift or ostats taxes; A Member may transfer his Interest to any Affiliate, as defined herein; C. lit file event a Member desires to 6011 all of the'Member's Interest in the Company (the "Selling Interest "), and suoh Member bas received a bona fide written offer to purchase Pram a named third party, and the Member.desites to dispose of his Interest pursuant to such offer, the following restrictions shall apply: 1, such Member shall immediately notify the Comp631y and the other Members that he has a bona fide offer for the purchase of hie Interest, stating the name and address of the proposed purchaser, and enclosing with each notice a copy of the written offer from the third party setting forth all of the terms and conditions of the proposed sale; The other Merobers shall have tho option, which tlley may exercise by giving notice to the selling Member within thirty (30) days of receiving written notice ,from the selling Member, to purchase the o$ered Interest at the $tune price acrd on the same terms and conditions as bet forth in tho written offer from the third party, In the event more than one Member desires to exercise his option under this paragraph, then each Member shall have the right to purchase the selling Member's Interest in proportion to the Interest iben hold by such Member. 3. To the extant that the Members do not exercise their option na set forth above, then. the Company shall have the option, which it may exercise by giving notice to the selling Member within forty (40) days of written notice from said Member, to pwoltase the offered interest cot the same price and on the same terms and conditions ad sot forth in the written offer from the third party. 4, in the event that no Member, nor the Company, desiree to purchase the Selling Interest, then the Member desiring to dispose of Ilia Interest may call 01 (but not less than 911) of such Interest to the named third party upon the following condition6 only, page 8 FILLMORF, LLC • Operating Agreement Rx time:04/22/12003 28:09 LZO /810'd Z90# 56:6Z 600Z /ZZ /h0 Rx No,:049 P,Oio D929666Z Idla 3IXIM/MJNIHOI(N IHVA:woaJ 81 39tid ONI dMa 8L50- L65 -6£Z L0:00 6002/£Z/b0 AFK- Y'�- ?UUy 'FHU 1U:4b All 8NIU10 6ULUAV1N1,U A,NA hAx NU. ?J3 5yl ?U81 V. 18 a. That the terms and conditions of the sale ate the same As set folth in written offer of the third party originally presented to the selling :... ; .f 'Member; and b. That the third party, prior to or contotnporaneouely with the sale to him ..of the Interest, agrees in writing,.and in aoceptable form to legal ootuteel. for the Compaq y, to be bound by all of the terms mid • provisions of this Agreement. Provide lxowover, if such sale is not completed within ninety (90) days after the selling Member's notice to the other Members of W5 desire to sell, or if the tenna of such sale shall be materially changed, the selling Member shall again give notice to tho other Members of his desire to sell and another opportrwity to excreise the aforesaid right of first refusal, d. Notwithstanding any provision to the contrary, a Member may not sell, trmnsffer, or esaigu in whole or i>, part its Membershp Interest if $uch sale, transfer or assigtunent would cause a termination of the Company for federal income tax purposes which would negatively impact any remaining Marnber(s). Any purported sale, transfer or assignment that would eauee such termination shall be void and of no effect. CoMnSel for the Company shall give its opinion to the Membership as to whether such sale, transfer or assignment would oause the termination of the Company for federal itucoma tax purposes, as well as whether such termination negatively impomts any Temzining Member(s), and the Membership shall be entitled to rely ttpoa aucb opinion in dotenniniug Whether euch sale, transfer or assignment would cause such tennination, 3. AWE _19i n of s 1�t1 its McTp� n. Subject to the other provisions of this kticle, an assignee of the Interest of a Member (which shall be understood to include anypurchaser, transferee, donee, or other recipient of any disposition of such Interest) shall be deamed admitted as a Member of the Company only upon the written consent of all Members of the Company, which consent shall take off-act upon the completion of the following as determined in the solo discretion of tho Marribershipt. 11 The assignee shall have accepted and agreed to be bottn.d by the tens and provisions of this Agreement by executing a counterpart thereof and/or such other dooumeats or instruments as the 1vMambcrslup may require in order to off the admission of such porson as a Member. Page 9 r,ILLMOU, LLC - Operating Agreement Rx time:04/22/2049 23:09 LZOM O' d Z30# 9MZ 000?UVO Rx No. :049 P,019 Mvzsm RIG 3P,4INJJNIHOTH TVA:woa3 6 t 39Cd ONI VMa SLSO- L69 -6EZ LOW 600Z /EZ /b0 APN- 'L� -2UUU 'VHU IWO Aft BKIUIU SULVAVINI, Ul`A, NA FAX NU, gay bul ?N1 2. If the assignee is a corporation, the assignee shall have provided the Membership with evidnnoo satisfactory to counsel for the Company of his. authority to become a Member `undar the terms and provisions of this A6n-aemcnt; The asaignee shall have paid ali reasonable legal foam an filing and publication costs in.ourred by the Company and /or the General Manager in connection with the substittittiai, of the ambignee as a Member, b, For the propose of allcoating profits and lossss and distributions, a. Substitute Member shall be treated as having beoorne, and appearing in the records of the Company am, a Member upon its executing this Agreement and/or suob other documents referred to in this Section. The Membership shall cooperate with the Person seeldrig to become a Substitute Member by preparing the documentation required above and maldng all official flings and publications. The Company shell talte all suob action as promptly as is practicable after the satisfaction by the aasigr= of the Interest of the conditions of this Article to the •admission of such Person as a Member. F. ?U 4, tights of Asrioees of Membership lntere9ts. Subject to the provisions above, and except as required by operation of law, the Company-shall not he obligated for any purpose Vlhatspevetto;rxev uizcthe. assib' oaient. by.snyMerniaero£ its .Intorasts.0 until- theContpany— .- .- _...:__. .. has received Notice thereof, and compliance with all tlue conditions of ibis Agreement. The assignment of suoli interests in the L mited Liability Company does not itself enlWo tits assignee to participate in the managemmit and affairs of the Lfinitod Liability Company or to become a Member, Such asaignea is only entitled to receive, to the extent assigned, the vttorests to which the assigning Member would otherwise be entitled. ARTICLE VI TERMWATION AND LIQUIDATION 1. dissolution of the Cgmpany, The Company shall be dissolved upon, a, The unanimous consent of all Members in the Company; b. The death, insanity, bonlmiptoy, diseolution, retirement, resignation, or expulsion of any Member, Except that if there is at least one remaining Member, the remaining Momber(s) have the right to continue the business of the Company. Such right can be exercised only by the affirmative unanimous vote of the remaining Member(s), within 90 days after the occcmance of such event, to continue the businosm of the Company. If not so mercised, the right of thb Members to continue the business of the Company page 10 FILLMORE, UC - Operating Agreement Rx Ume:04/22/2009 23:09 LZ0 /OZ0'd Z90# 99:£Z GOOZ /ZZ /h0 Rx No .: 049 P.020 R9hZ99GOZ Idla 31X10/MNIHOT T1 IHVA:wOAA 0Z 39Vd ONI VMN 8L90- 159 -EEZ L0 :00 6002 /EZ /h0 RYK- ?� -?UW THU IU,a.0 An HKIM SULURVINI,UYR, YR FAK NU, ?3b byi ny l Y. ?I shall expire and the company's affairs shall be"itnd up, c, The passage of ten (10) day" after the Sale or heir dispostiion of substantially all of the CoiupMy's assets, unless, prior to the end AAf 9110 h ten (10) day period, the Members consent to the acquisition of.•other C "IT pany Property, d. Any event which makes it unlawful for the bu�inces of the Company to be oatried on by the member"; �II o, Any other evont causing a dissolution of a limits liability company under. the Act, Z, W dirt P, Upon the ,dissolution of the Company, the Cotpy business shall be wound up and its assets liquidated as provided herein, and the tat proceeds of such liquidation (or the proceeds to be distributed in the liquidatiAn f any Member's Interest in the Company) shall be distributed in a oatcl tnce lvittt the terms below. b. 'The Liquidator shall file aA certificates and required by law, The Liquidator shall procel and otherwise liquidate the Compaay's prop il;e'Ligbidator shall determine that anIMMO Property would cause undue loss to the Met Liquidator may, except to the extent prohib, defer the liquidation of t1w Company Fropo liquidation as may be necessary to satisfy d Persons other than Members or AESliates tl di"tribution of the Company n""ets, the Me Company and the Liquidator shrill exceute, certificates and notices required by law to t c. 'Upon dissolution of the Company, the Liqu Company to prepare, and the Liquidator Phi setting forth the assets and liabilities of the followuag %6 complete liquidation and diet assets, the Liquidator shall ORUSe the Comp Liquidator shall iltxni"lt to each Member, a the Company assets were liquidates and di is of the dissolution of the Company stout any unnecessary delays to sell nd assets; provided, however, that if salo of pent or all of the Company , in order to avoid such loss, the y the law6 of the State of Florida, r a reasonable time, except for such its and liabilities of the Company to ° Upon the complete liquidation and I shall cease to be Members of the owl.edge and cause to be filed all utte the Cotupany, shall cause the accountants for the fish to each Mainber, a statetxtertt any Upon its dissolution. Promptly in of the Company Property and countants to prepare, and the tent showing the manner in which 3. Dlstrihution of Asse •s unon Liquidation. The assists of the Limited Liability Company shall be applied or distributed in the following order of Flia rity. page l l FILLMORE, 'LLC - Op©rlin. Agreement Rx time,04/22(2000 23:09 Rx NO.:049 P,021 LZOA ZO' d Z50# Cj0: £Z GOONZ /h0 GG9GZOGG£Z ld I O 3I X 10; r)N I HOTIIJ lHVA : WOa H tZ 3DVd ONI CMN 6LS0- 169-6EZ L0 :00 6002 /EZ /b0 RYK- i'3 -?M 'I'HU IWO RM bKWID SUI.UAVIN1.UVA,NA hAK NU, ?3y byl ?Wl a. To pay or provide for the payment of all liabilities of the Limitod Liability Company other than to the Members; .• , ... .'.;..... .i::_...:.! ..;lei ..;:t.i,. ,�1; .. , Pay,sll °expenses ofliquidation; b. To pay or provide for the payment of ill liabilities of the Limited Liability CompMy to its Melubers; c. To the Members, pro rata, in an amount equal to their positive Capital Account and P d. The balance, if aTry, to the Momben pro rata in accordance with their 1'ercozstage Interests in the Limited Liability Company, ARTICLE VII 1500155 RECORDS AND T'INANCIAL REPORTS 1, pnolts Records sand ]F[nanct l_geprk- 'o. -' : "Tf e'I;tltutcdZiabllity Company shall.maintain a3 part o£its books and records 'at all times; 4 i, a current list of the name and last known business, residon Cc, or mailing address of caeb Member; ii. a copy of the Certificate of Formattoii and all amendments thereto, and a copy of this Agreement and all. exhibits and amendulmte $ereto; { I ee iii, 00111plete information regarding the date on which each Member became a Member, the date and ageed value of ouch capital eoniributim) of each Member, the perceLitage interest in the Limited Liability Company of each Member, and the Capital Aceotutt of each Member, and iv, a copy of all tax returns and all annual accounts. b. The boolcs and records of the Li,mi.t0d Liability Company shall at all times be m•aiutained at the principal office of the Limited Liability Company, Each Member, or his duly authorizod agcut, shall have full, complete, and unrestricted access to all of the Limited Liability Company's books raid records at all times. 2, c,I,tat� of Company Pu ds: 13enlc Ac9.0147119. page 12 FlLLMOR& LLC , Operating Agreement Rx t i me:04/ 22/2009 23:10 Rx No , :049 P.0 LZO /ZM' d Z9O# 96: CZ 60OZ /Z3/GO 6G9G39C66Z id l a 3I X I O /oN I HOInN IH'VA: woa3 ZZ 39Vd ONI VMa 81190- L69 -66Z L0 :00 600Z /EZ /b0 AI'K-�� -i'UUy THU l W U AM HK I U I U �ULUAV INI , V8, t'A hAx HU, a, Tlie M=bership shall have fiduciary responsibility for the safekeeping and use of all funds and assets orthe Company, whether or not in the immediate possession or control of the Membership. The Hinds of the Company shall not be commingled with t1le funds.of any other Person, and the Membership shall .not; employ, or permit any other Person to employ, such funds in any manncr except for the beltefit of -the Company. b, All funds of the Cauipeny not otherwise invested shall be depasited in one or more accounts maintained in such banking institutions as the Membership shall determine, and withdrawals shall be made only in the regular course of Company business on such signature or signatures as the Memborsllip may, from time to time, determine. 3. Rtporb to Members and Tax F811U91. The Company shall file with the appropriate intemal Revenue Service offioa an information tax return and shall, at the time of filing, mail to each Member a copy of its Schedule K -1 to the Company's information tax return within 90 days of the end of the Company's fiscal year, In addition to all Company infbrination required by the MardbeTs for tax reporting purposes, the Company also shall mail to the Membeia, within the 90 -dAy period after the end of the Contpany'e fiscal year, a copy of the Company's audited balance sheet, cash flow and opara*4 statement for the fiscal you just ended. At 'lie olose of aRch fiscal year, an accounting shall be madd-of the operations of the year which shall include the preparation of a balance sheet as at the close of the year and statement of the operations of the Limited Liability Company for the year tI�au ended. Haled on the determination so made, the Limited Liability Company shall, within tin tirnd poriod required (including extensions) file all necessary tax retunzs and pay all taxes a$ may be due resultiug from the Limited Liability Company's operations. ARTICLE VIII AMENDMENTS No amendment to this A6rcrment maybe made without the unanimous consent of the Membership, except that this Agreement may be sunanded by a majority interest of the Members (i) to admit Additional or Substitute Members to the Company; (ii) to cure an ambiguity, (iii) to correct or supplranent any provision hereof which may be inoonsistetlt urith any other provision hereof, (iv) or to mskc any other provisionl with respect to matters or questions arising under fhia Agreement not inconsistent with the intact of this Agreement. Notwithstanding the £orogoing, this Agreement shall not be amended without the consent of each Member adversely affeoted if such amendment would(i.) modify the limited liability of a Member, ox (ii) alter the Interest of a Member in tile profits, losses, other items, or any Company distributions. ARTICLE IX ADMINISTRATIVE PROVISIONS Page 13 FILLMORE, LLC - Oparatin9 Agrcmnent Rr, t i me:04 /2NO 23:10 LZO /OZO -d Z50# 9S:6Z 6002 /7/V0 Rx (4o .:049 P.023 EZ 39VJ ONI VMI MVZSE66Z Idla 31X1OANHMAN IHbA:woaJ 8L90- L69 -6EZ L0 :00 6002 /EZ /V0 AYK-?J- ?UUU '1'HU 1U :0 AM MIU11) SULUAV1N1,UVR,YA hAK NU, ?3y bul ?U81 _.1, a of.P 'o came • This Limited Liability Corripany Agreement contains the sole +,, . �+ittl eritiro agrvemeht unc� understanding of the parties with respect to the entire subject matter hereof. Any and all prior discussions, negotiations, eonnraitmcnts, and understandings relating thereto are - hereby merged herein. This Limited Liability Company Agreement cannot be changed or- tctr.►linmed orally. 2. Goverping Laws. This Limited Liability Company Agreement and the obligations of the Membere hereunder shall be intotpteted, eonstYUad, and enforced in accordance with the laws of the State of Florida. 3, Waivvgr. No consent or waiver, express or impli4 by Puy Member to or of any breach or default by another or the performance by another of his obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the perf manes by such other party of the saute or any other obligation of such Member horeunder. F. 24 q, Seyerabil* If any provisions of this Limited Liability Company Agrecanent or the application thereof to any person or circumstance shall be invalid or unenforeeeble to any fmtent, the remainder•of this Litrtited Liability Company Agreement and the application of such provisions to other persons or circumstances sb(ill not be affected thereby and shall be t : , 1.., ..•. ianfdtaed.to:th,e.oXtent permitted by law. $, ind' eem ,t, Subject to the restrictions on ttensfers and encumbrances set forth heroin, this Limited Liability Compazty Agreement shall inure to the benefit of and be binding upon the Members and their respective heirs, executors, legal representatives, succceaors, and assigns. Wheaaver, in this instrument, a reference to any patty or Member is made, such reference shall be deemed to include a reference to the heirs, executors, legal representatives, eumessors, and assigns of such Member. G, No Rights Created in Third Pelsonji. This Limited Liability Company Agreement is intended solely for the benefit of the parties and does not create any rights in porsom izot patties hereto. page 1A• J�'ILLMORFh LLC • Operating Agreement Rx t i me, 04/2 '2009 20:10 LZONO' d Z90# 96:62 6002 /ZZ! o Rx No,:049 P.024 6V9Vz9 M6Z 1dI0 1XI0 /5NIHO-V H IWA :W0aJ VZ 39Vd Z)NI VM8 BL90 -L69-666 L0 :00 600Z /EZ /00 i ANK- ?J- 'eUUy 'I'HU lU:4f An tjmutu SULUAU1N1,UNA,FA PAX NU. 230 bV1 gyyl 7. Counter a is utlon. Ties Urnite Liability Compan� Agreement may be eXacuted in ,one or.. more oountsrpat'ts, each of wlaic , Nvheu executed a tc1 delivered, Shall be an original bitt.all bf, whichtogethor shall onstitute one and ho same agreement. IN WITNESS •WHBREOF, the Memb rs have signed this Limited Liability Company Agreement as of the date first written above, WITNESS WITNESS S,T.cL sjtjoIUic aperathia ap,zamenttnanapine mumber.wptl Rx ti me; 04 /c2/2009 29:10 LZ0 15Z0'd Z50# 9£:£Z GOOZ /ZZ /VO 9Z 3JVd Johd A. Fillmore Rlmore Page 15 LLC - Opal Rx No, :049 P.025 6V9hZ9£G£Z ONI VM*d ?, lb IdIO 31XIa/MHOinw IH'VA:woad 8LS0- L6S -6EZ LOW 600Z /EZ /b0 RVK- ?3 -i'UUU THU 1U:41 AM ENID HULURVINI,UFR,YR hAx NU. ?'Jy b6i ?Hl �..,,...,,,. SCREDiJLE 1 Initial Members and twit' initial Membership Interests . • •• Tntt al Contti'ution Anticipated Con b do 50 % lritareat $ 0 John A. Fillmore 2250 Washburn Avemia Naples, Florida 34117 50 OK Intorest Teresa Fillmore 2250 Washburn Avenue Naples, Florida 34117 0 pave 16 FILIMOBL, LLC • Operating Agreement Rx t i me 04/22/2003 23:10 LZ0/930' d Z90# 96:6Z 60OZ /ZZ /h0 9Z 39dd Rx 1,1Q.:049 P.026 6VOVZ9066Z ONI VM8 1dIO 31XIMNIHOIAN �HVA:w0a3 8LS0- L69 -66Z 10 :00 600Z /EZ /V0 R1'fi-�� -'LUUy TKU 1 U � 41 AM HMO l; l0 SULVAU I N 1, UFR NA KAY, NU, ['�y byl ?Hl V. ?f SCHEDULE 2 Agreed Upon Pre - Venture Expeugos Page 17 FILLMORF, LLC - Operating Agreement Rx time:04,122/2009 23:10 01LU d Z90# 90:0Z 60ONUVO LZ 39Cd Rx No .:043 P.027 GVW9£G0Z DNI t1MN AIG 31X10 /WHOTH IHVA:wOJJ 8LS0- LGS -6EZ L0.00 6002 /£Z /b0 RYIt -�� LUUy 'fHU lU!4d A!1 bK1UlU WLURV1N1.UFR,YA FAX NU, YES by) ''eW Y. U2 ARTICLFS OF ORGANIZATION FOR VILLMORE, LLC A LIMITED LIABILITY COMPANY ARTI CLTU I The Name of tlto Limited Liability Company is: FILLMOPM, LLC ARTICLE n Tho mailing address and etreetr address of the principal oince of the UrAted Liability Company is: 2250 Watbbum A-Venuo Maples, Florida 34117 ARTICLU Ut n The name and the Florida otroet address of the registered agent are., m a � TerecalFiIlmore -21 Q 2250 Washburn Avenue C rn r,: Naples, Florida 34117 Plavftig beam natned as registered and to accept service ofprocws for the above stated limited llability compai at the place designated in this certificate, I hereby accept the appoijantent as registered agent and agree to as of all statutes r- elating to the proper And comply in this capacity. 1 further agree W comply "411 thy; Dvlxiow parforinarace of ,ny dt :tins, and .1 am familiar�ldtl m: accept the obllgaji�ns oftnoyposition cis registered ages Dated, L�� S: \CCL\953 aD: \:d, C4&7.M7 d Rx time:04 /22009 203:06 SjUnature of a member or nn autitori2ed ropresentifivo 4 A member: Toresa Fillroore (Iii accordanco with section 608,408(3), Florida Statutes, tlu e- .eeution of this dooument constitutor an tt'f - rmation under the penalties of penury that the facts stated Derain are true.) Rx No, :049 P.002 LZO/Z00' d 390# ZG:OZ GOOZ /ZZ /VO Gt vzh co 1d10 3IXI0/ NIHOTH IHdA:wOa3 ZO 3Jyd ONI VM BL50- L65 -6EZ LO:00 6002/EZ/b0 1 0 AI'K- 'e3 -�UW THU IU!41 Rn HKIUIU �ULURVIN1,l;RM iAx NU. ?'sy byi �M N, U Y 1 (FRGj�PLiP B lYr1b) ress) t p onBMq El pICK••Up [] WArr U MAIL (pus ness EntIty Name o;,ument urrlper Cettmed Copies Ceitiilaates yr Stxtua 8pevial lnsttWCMOns to Filing Mloelt ..Viability Usti Only "r oce VerltyBr VLC I.— Rx time, 04 /22/2003 23:00 900015460859 04/10/03 -- 010 9= -Qi4' *020.00 Rx No , :043 P.003 iZ P cy XI' rn C�7 0/600'd Z50# Z6:6Z 60OZ /ZZ/ h0 Gv9GZ5666Z ld I 0 31 X I O/ JN I HOl(H TVA : wOJJ E0 3DVd CNI VM8 BL90- L69-6EZ LOW 6002/CZ/V0 Attachment O Letter from Florida Division of Historical Resources �4 D 16 u:. APR 2 1 2008 FLORIDA DEPARTMENT OF STATE Kurt S. Browning Secretary of State DIVISION OF HISTORICAL RESOURCES April 16, 2008 Mr. Dwight Nadeau RWA Consulting 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Re: Proposed Comprehensive Plan Amendment Yahl Mulching Recycling Facility Collier County / DHR Project File No. 2008 -2169 Dear Mr. Nadeau: According to this agency's responsibilities under Sections 163.3177 and 163.3178, Florida Statutes, Chapter 9J -5, Florida Administrative Code, and any appropriate local ordinances, we reviewed the proposed comprehensive plan amendment. Please note that this agency reviews all large comprehensive plan amendments when they are submitted to us by the local government. At that point, our comments and concerns are submitted to the Department of Community Affairs, and then transmitted to the local government. A review of the Florida Master Site File indicates that no significant archaeological or historical sites are recorded for or considered likely to be present within the project area. Furthermore, because of the project location and /or nature, it is considered unlikely that historic properties will be affected. Therefore, it is the opinion of this office that the proposed project will have no effect on historic properties listed, or eligible for listing in the National Register of Historic Places, or otherwise of historical or archaeological value. If you have any questions concerning our comments, please do not hesitate to contact Susan Hasp at (850) 245 -6333. Thank you for your interest in protecting Florida's historic resources. Sincerely, t - G.w._ Frederick P. Gaske, Director 500 S. Bronough Street e Tallahassee, FL 32399 -0250 • http: /hvww.flheritage.com O Director's Office 0 Archaeological Research v1' Historic Preservation 0 Historical Museums (850) 245 -6300 • FAX 245 -6436 (850) 245 -6444 o FAX: 245 -6452 (850) 245 -6333 • FAX: 245 -6437 (850) 245 -6400 • FAX: 245.6433 0 South Regional Office 0 North Regional Office 0 Central Regional Office (561) 416 -2115 e FAX: 416 -2149 (850) 245 -6445 • FAX: 245 -6435 (813) 272 -3843 • FAX: 272 -2340 -'o' a 0 1,500 3,000 6,000 9,000 Feet N Yahl Mulching Recycling Facility Comprehensive Plan Amendment N Genera! Location Exhibit 1?« TAiNc- CONSULTING tr►rtILs •Plamins •vbualialion CiQ Engisttring •Suntyint 6 Mapping Prepared By: vjpellegrino Printing Date: April 7, 2008 File: T:IProjects'2W%0D0073.D0.00 YeN Mulchina GMPALocatiortmxd Fillmore Recycling GMPA Comprehensive Plan Amendment Aerial Exhibit 200 400 800 1,200 MA//" CONS 111_TINCi 1 %. V TL 1 Planning V.W lion •Civil Engi —q, Surveying & Mapping Prepared By vjpellegrino Pnnting Date: April 16, 2008 File. TT.1Projects\ 2008 \080073.00.00_Yahl_Mulching GMPA\Aerial.mxd DIX A I VC Vi su i xtion t' Q N S U l..'T I `d (y Civil Engineering Z V T Tl 1 Surveying & Mitppin­ Edu4arion of Resource P,'grs!i ealpha sirs on iidmo Pia,, rning . -.. Mil, or ? I An,;hro1)o ;.;c ; ; w34 Registration ' License F, ?A- lJr:3982 Professional Societies N 1nErrCc: ! l 1'23 rir it 1 C) Rc)fida C h ,; )te,, i firn, ; ca,i Pie4rinfO(.1 1 SS ,, "ia;iorS i %$7 - pmSe1, t P .innir,fg 'Services Manager i~..K.perience ;ait.triirtiany Mr. Dwight Nadeau is a professional Planner and Planning Services Manager. He is responsible for coordination and management of resource allocations for planning tasks associated with the firm's land planning and development projects. Mr. Nadeau has over 20 years of planning and community service experience. He holds a Bachelor of Science degree in Resource Management with emphasis on Urban Planning, and a minor in Anthropology from the University of Alaska, Fairbanks. Mr. Nadeau has significant experience in project planning and management; as well as, comprehensive planning and land use regulation oversight. He has specific expertise in the successful planning and zoning of monumental projects. Mr. Nadeau played a key role in the planning and zoning, as well as professional support in the resulting legal battle over the rural area residential development "clustering" of Twin Eagles Golf and Country Club. After 12 years, the matter successfully culminated with the setting of a legal precedent for 'clustering' of residential developments in rural areas, and laid the foundation for the future development of Eastern Collier County. In addition, Mr. Nadeau has vast experience with beachfront and waterfront redevelopment, which includes visioning, conceptual development design, project team coordination, and public involvement through the administrative review and political processes. Representative Projects Olde Marco Inn; Marco Cat, LLC, Marco Island, FL — Project Planner responsible for site analysis, master planning, and planned unit development rezoning. Established a local historic designation, resulting in the refurbishment of this historic 1896 structure, as well as the addition of a 62 -room boutique hotel. Facilitated an archeological survey that resulted in an archeological dig that found significant tools and debris that further illustrated the day - to -day life of the lost Caloosa Tribe. Sancerre; EcoGroup, !Naples, FL — Project Planner responsible for site analysis, master planning, support and representation of a Coastal Construction Control Line Variance with the City of Naples and the Florida Department of Environmental Protection. Once home to the historic Tides Inn, this 1.57 -acre beachfront property in Naples, Florida is now an eight - story, 23 -unit luxury condominium complex. Vanderbilt Inn Re- Development; TimeMed, Inc., Naples, FL - Project Planner responsible for redevelopment site analysis, master planning, approval of a zoning overlay to provide for additional building height beyond existing zoning limits, support and representation of a Coastal Construction Control Line Variance with Collier County and the Florida Department of Protection, and played a significant support role in the resolution of a building moratorium imposed as a result of the proposed redevelopment project for 4.83 acres of beachfront property. The site is now under construction with a 77 -unit luxury condominium project. Attachment P Resumes DIX l nINC:.visu � z Dion N S l.! L. "I 1 N i. J Civil Eng.incerins-, AL L T Tl Z Surve ying & `gapping Dwight H. hiladeau, A.P.A. Page: 2 White Lake Corporate Park; 120 -acre Industrial Park; Power Corporation; Naples, FL — Project Planner responsible for research into additional commercial development opportunities, with focus on the interface of land uses with the 1 -75 right -of -way corridor. Prepared and submitted the application to amend the existing planned unit development document, prepared exhibits, attended board hearings, and provided expert testimony to support the application. Lake Marion Golf Resort, Phase I and i1; 130 -Acre 450 -Unit Single and Multi- family Residential Planned Development; Lake Marion Golf Resort, Ltd., Polk County, FL — Project Planner responsible for due diligence, planning and development zoning. The project lies within the 47,000 acre vested pre -DRI Poinciana Development, and required a proposed land plan and PUD modification; construction and operation permit applications; application for dredge and fill activities on federal wetlands. Sun City — Fort Myers; 1,200 -Acre Mixed -Use Master Planned Community, WCI Communities, Inc.; Fort Myers, FL — Project Planner responsible for land development planning and zoning activities for the Trevisio and Rialto subdivisions of Sun City - Fort Myers. Hideout Golf Club; 220 -Acre Master Planned Golf Community; WCI Communities, inc.,. Fort Myers, FL — Project Planner responsible for the application, support and acquisition of the Fishing Lake Conditional Use Permit. White Lake Corporate Park, Phase iI (fka Phase 110; 2 -Acre Commercial Out - Parcel within 120 -Acre Master Planned Industrial Park; Power Corporation; Naples, FL — Project Planner responsible for land development planning, zoning and environmental issues, including preliminary and final subdivision platting, and permit application preparation, support and acquisition. Summit Place (aka Hibiscus Village); 57 -Acre, 230 -Unit Residential Community; Waterways Joint Venture IV; Naples, FL — Project Planner responsible for due diligence, site planning, preliminary sub- division plat, zoning and permitting application, support and acquisition; PUD zoning amendment application and support, miscellaneous rezoning support, and environmental permitting. Golden Gate Fire Station #73; 5 -Acre Main Fire Station, Administrative Office and Certified Fire Fighter Training Facility; Golden Gate Fire Control District; Naples, FL — Project Planner responsible for planning and zoning review and site planning. Tuscany Cove; 77 -Acre, 316 -Unit Residential Villa Community; A.R.M. Development Corporation of S.W. Florida, Inc.; Naples, FL — Project Planner responsible for project planning and zoning services, including due diligence; conceptual site plan, rezoning application and support, public participation, PSP application and preparation of associated exhibits for the acquisition of appropriate land planning, zoning and permitting application approvals. Palmero Cove; 131 -Acre, 524 -Unit Residential Villa Community; Elias Brothers Corporation; Naples, FL — Project Planner responsible for project planning and zoning services, including due diligence; conceptual site plan, rezoning application and support, public participation, and preparation of associated exhibits for the acquisition of appropriate land planning, zoning and permitting application approvals. DIATA INC, _Vi sualim ion C'Q NS t.1 LT t N C Civil Enginccring .Z 1 T 1'1 1 SurvcVinLE & Mapping Dv%light H. Nindeau, A.P.A. Page 3 Golden Gate Fire Station #72; Existing 3 -Acre Fire Station Site and Related Infrastructure Improvements; Golden Gate Fire Control District; Naples, FL — Project Planner responsible for the preliminary site plan, permitting application preparation and support, and SFWMD ERP and ROW permit application and support. White Lake Corporate Park Phase 1; 120 -Acre Industrial Park; Power Corporation; Naples, FL — Project Planner responsible for due diligence, planning and zoning research, PUD application preparation and support, including preparation of exhibits, and board hearing attendance. Lake Marion Golf Resort — Phase Ill; 130 -Acre 450 -Unit Planned Residential Development; Lake Marion Golf Resort, Ltd.; Polk County, FL — Project Planner responsible zoning application and support; PUD application and support; traffic impact statement; Polk County protected species survey; environmental impact statement; site planning; evaluation of existing wetland jurisdictional limits, and submittal to SFWMD and COE for jurisdictional determinations. Collier County Fleet Facility, Collier County Government, Naples, FL — Project Planner responsible for project planning and zoning services, including due diligence; conceptual site plan, rezoning application and support, public participation, and preparation of associated exhibits for the acquisition of appropriate land planning, zoning and permitting application approvals. Ecological, Environmental, Agricultural Land Management, Permitting, Septic Evaluations ENVIRONMENTAL CONSULTING Ramsey Inc. LEP, CWB, CFEA, REPA, CEHP UP Licensed Environmental Professional E -mail: Ramsey.lnc @embarymail.com C'v%% • Certified Wildlife Biologist Office: 239.564.1660, Fax: 566.334.1496 CFEA - Certified Florida Environmental Assessor 2631 4th St. NW, Naples, FL 34120 RE, PA - Registered Environmental Property Assessor www.ramscyinc.net CEHP - Certified Environmental Health Professional OSHA 5 - Hazardous Materials incident Commander Certified Florida Commercial Pesticide Applicator CM 19542 - Natural Areas MICHAEL R. RAMSEY President, Ramsey Inc. Environmental Consulting Date: 10 March 2009 WORK EXPERIENCE Ramsey Inc., Environmental Consulting Naples, Florida 1997 to Present President Provide ecological, environmental, permtting and land management consulting services for single family home owners, subdivisions, real estate, investors, agricultural, corrunercial, industrial, engineering firms, financial and governmental institutions. Landowner consulting for land feasibility evaluations, protected species, state and federal jurisdictional wetlands, wetland mitigation specialist, wetland restoration, permitting, phase 1 audits, timber /wildlife land management, prescribed burning, statewide alligator programs, site plan development, agricultural property tax management, hazardous materials management, exotics plant management, guided hunting operations. Mitigation bank / ROMA creation and management planning for: wetland creation, panther habitat units, native & exotic plants, listed species, monitoring, outside agency integration with watershed planning and floodplain management. Collier Enterprises Immokalee, Florida 1987 to 1997 Environmental Mgr /Natural Resources Mgr /Lund leasing /Property Taxes Responsibilities include: environmentaUsafety policy development and implementation; environmental audits; citrus, farming, cattle grazing and recreation leasing; land use planning for agricultural operations; permitting of projects; habitat and wildlife monitoring; wetland delineation, natural resources management, prescribed burning; and agricultural property tax management. Florida Game and Fresh Water Fish Commission Naples, Florida 1984 -1987 Biologist Responsibilities included: game, non -game and endangered species population assessments; habitat rnonitoring/GIS mapping; check station management daring hunt seasons, aeriaUground game & non -game surveys, reviewed proposed development plans for environmental impact assessments; prescribed burning; endangered species research, panther field trapping and data collection, deer herd health assessments data collection, joint management projects with the National Park Service, exotic plant control, campground development and reforestation. Primary responsibilities were on the Big Cypress National Preserve, but worked all over FWC areas in south Florida. Attachment P Resumes MICHAEL R RAMSEY Page 2 Georgia Department of Natural Resources, Game and Fish Division, Fisheries Section Social Circle. Georgia 1983 -1984 Wildlife Technician y Assisted with research of heavy metal contamination of trout in the trout - stocking program. Georgia Department of Natural Resources, Game and Fish Division, Fisheries Section Social Circle, Georgia 1982 Wildlife Technician Bald eagle and Red- Cockaded Woodpecker restoration projects on Sapelo and St. Catherine's Islands EDUCATION Bachelors of Science, Forestry and Wildlife Biology - 1982 University of Georgia, School of Forest Resources - Athens, Georgia CERTIFICATIONS Certified Wildlife Biologist Registered Environmental Property Assessor #452 Certified Florida Environmental Assessor #237 Licensed Environmental Professional #127 Certified Environmental Health Professional #06 -1645 OSHA Level 5 Incident Commander Certified Florida Commercial Pesticide Applicator CM19542 — Natural Areas Reed K. Jarvi Principal Mr. Jarvi has over 24 years of project management and infra- structure design and permitting for a broad range of complex residential, commercial, and institutional projects in Southwest Florida. He has special emphasis, training and experience in transportation engineering, transportation planning and traffic engineering. Representative Projects: Mercato Mixed Use, Collier County, FL* Traffic Impact Statement, Access Study, County and FDOT permitting for 390,000 sf retail, 100,000 sf office and 175 resi- dential du's. . The Great Loop, Charlotte County, FL* DRI Traffic Impact Study for 1,200,000 sf retail, 100,000 of- fice, 200 room hotel and 500 residential du's. Summit Lakes, Collier County, FL* Zoning Traffic Impact Statement for 968 residential du's Naples Daily News, Collier County, FL* Traffic Impact Statement for both zoning and site development plan for 164,000 sf manufacturing /office /production facility. Caloosa Lakes, Lee County, FL* Traffic and Access studies for 17 acre shopping center and 600 residential du's. . Vanderbilt Drive, Collier County, FL* Permitting, design and construction observation for a four lane collector road overpass. Treefarm Road Area Wide, Collier County, FL* Area -wide traffic study for eight separate development projects showing the value of a proposed collector road system in com- parison to the status quo arterial system. Sanibel Beach Place, Lee County, FL* Traffic and Access studies along with ERP permitting for 110,000 sf shopping center. * indicates work at a previous firm Omega Consulting Group EDUCATION: Bachelor of Science in Engineering United States Naval Academy REGISTRATIONS: Professional Engineer Florida 940156 AFFILIATIONS: Institute of Transportation Engineers Florida ITE Southwest Florida ITE BOARDS AND COMMITTEES: Collier County Development Services Advisory Committee and Land Development Regulation Sub - Committee SPECIAL RECOGNITION: US Naval Reserve, Retired 1998 — Commander Attachment P Resumes