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CCPC Hussey Memorandum
Co er +C.�oY.rKty Memorandum TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING ®ULATION, PLANNING&ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION DATE: September 27, 2012 RE: HUSSEY ET AL VS. COLLIER COUNTY ET AL — PROPOSED SETTLEMENT AGREEMENT At the September 25, 2012 meeting of the Board of County Commissioners (BCC), the referenced settlement agreement was considered. Staff recommended the agreement be presented to and vetted by the CCPC; the BCC gave that direction to staff A CCPC meeting date has not yet been scheduled. However, due to its complexity and magnitude, staff is providing materials to the CCPC now (at 9/28/12 special meeting of the CCPC on the AUIR/CIE) so as to allow abundant time for review. The following documents are provided: 1. Executive Summary for 9/25/12 BCC Meeting 2. Settlement Agreement(proposed), including a map and text exhibits A, B and C 3. Timeline/Chronology of the Hussey Cases 4. Analysis & Summary(prepared by staff), including an attached table 5. Maps a. Location Map—Hussey& SR 846 Land Trust sites b. Location Map—Hussey site c. Location Map— SR 846 Land Trust site d. Location Map/Future Land Use Map—Hussey & SR 846 Land Trust sites e. Aerial/North Belle Meade Overlay—Hussey proposed Receiving Lands f. Aerial—Hussey proposed Receiving Lands g. Proposed Designations—Hussey lands h. Aerial— SR 846 Land Trust wetlands and proposed Sending Lands i. Aerial— SR 846 Land Trust wetlands,proposed Sending Lands and nearby Sending Lands j. 2035 Highway Needs Plan—Hussey lands area k. 2035 Highway Needs Plan—SR 846 Land Trust lands area Background The Hussey property is located in North Belle Meade (in Sections 29, 32 and 33, T49S, R27E). It is comprised of 966 acres and is undeveloped. In 2002, as part of the GMP amendments that established the Rural Fringe Mixed Use District (RFMUD) and Transfer of Developments Rights (TDR) program, the Hussey property was designated as RFMUD Sending Lands. The Sending Lands designation is, at a landscape scale, indicative of environmentally sensitive lands that are desired to be protected; accordingly, it allows only a few land uses and requires protection of most of the native vegetation, but 1 allows for the transfer of residential density to Receiving Lands (as a compensation mechanism). The Husseys disagreed with the environmental assessment of their property and its designation as Sending Lands and, ultimately, filed a Bert Harris claim (lawsuit) pertaining to the asserted value of their lands prior to the designation as Sending Lands (which allowed earth mining, by conditional use) vs. the value after the designation as Sending Lands (which does not allow earth mining). Settlement Agreement Synopsis The Husseys have an ownership interest in the SR 846 Land Trust property located in Sections 35 & 36, T47S, R27E, and Sections 1 & 2, T48S, R27E. That property is comprised of 2,576 acres; is designated RFMUD Receiving Lands (which allows essentially the same land uses as prior to the establishment of the RFMUD); and there is an approved conditional use on the property for earth mining, which is in operation. Generally, the agreement provides for a swap in designations between a portion of each of the two properties, but there are differences in the use allowances. See Table 1 below, and the previously noted attachment: Analysis & Summary. Table 1 Hussey SR 846 Land Trust Overall Existing 966 acres Sending Lands 2,576 acres Receiving 3,542 acres total Lands Proposed 641 acres: 526 acres 1,631 acres Receiving 2,272 acres of "development land": Receiving Lands + 115 Lands with possible MPUD 2,157 acres Receiving Lands (1,631 acres Sending Lands with acres with possible MPUD) + 115 acres excavation Sending Lands with excavation Proposed 325 acres Sending Lands 945 acres Sending Lands 1,270 acres of "protection lands": 945 with essential services acres Sending Lands + 325 acres with essential services Additional background information pertaining to the Rural Fringe GMP amendments is below, which is excerpted from the Executive Summary prepared for the June 18 and 19, 2002 BCC Adoption hearings. OBJECTIVE: To have the Board of review for Adoption the attached GMP Amendments intended to address the requirements of the Final Order issued by the State of Florida Administration Commission on June 22, 1999, for the Rural Fringe portion of the Rural and Agricultural Assessment(Assessment). CONSIDERATIONS: Background Pursuant to the Final Order imposed by the Governor and Cabinet on June 22, 1999,the State of Florida has mandated certain revisions to Collier County's Growth Management Plan. The Final Order directs the County to conduct a Rural and Agricultural Area Assessment (the "Assessment") to collect the appropriate data, gather public input and to develop amendments to the Growth Management Plan. Major issues to be addressed by the Assessment include: protecting wetlands, wildlife and their habitats; protecting prime or unique agricultural lands from the premature conversion to other uses; and, assessing the growth potential of the Area by assessing the potential conversion of these rural lands to other uses, in appropriate locations. All of this is to occur while discouraging urban sprawl, directing incompatible land uses away from critical habitat and encouraging development that utilizes creative land use planning techniques. Such techniques may include, but are not limited to, public and private schools, urban villages, new towns, satellite communities, area-based allocations, clustering and open space provisions, and mixed-use development. 2 The Final Order allows the County to conduct the Assessment in phases. Accordingly, Collier County has divided the Assessment into two geographical areas, the Rural Fringe Area and the Eastern Lands Area, also known as the "Immokalee Area Study" (and sometimes referred to as the "Rural Lands Area"). The Final Order requires that the County adopt GMP Amendments developed as a result of the Assessment process by June 22, 2002, excluding the "Eastern Lands Area", for which adoption of the GMP amendments is required by November 1, 2002. As part of this process, Collier County has established the Rural Fringe Area Oversight Committee(RFAC) and the Eastern Lands Area Oversight Committee (ELAC) to address the planning for each respective area. The Final Order notes that public participation will be the "hallmark" of this planning effort. The primary mechanisms to involve and inform the public and solicit community input during the Assessment process have included: advertised meetings of the advisory committees; an interactive Rural Assessment web site containing all pertinent documents, meeting agendas and minutes (www.nasites.com/collier); presentations to various BCC advisory committees and community, civic, and professional organizations; presentation to various stakeholder groups; and, several special public meetings and workshops. The RFAC, for example, has held over 50 advertised meetings prior to Transmittal of amendments in March 2002. The Rural Fringe portion of the Rural Assessment encompasses approximately 95,000 acres. Characteristics of the Rural Fringe area include: most parcel sizes are relatively small(typically,tens of acres or less); ownership consists of a few thousand different entities; most agricultural activities are small operations, and the uses are typically tree farms, plant nurseries, ornamental nurseries, etc. — many of which supply needed vegetation for urban developments; and, the area is under tremendous development pressure and contains a sizeable residential component. The Rural Fringe is a transitional area between suburban lands in Golden Gate Estates and the coastal urban area, and between the urban area and the vast natural lands and significant agricultural operations farther to the east. The proposed GMP amendments that apply to the Rural Fringe area have been developed with consideration of the unique characteristics of this transitional area. The Rural Fringe area contains significant wetlands and valuable wildlife habitat. The data indicates that portions of these lands provide habitat for a number of listed species, including the Florida Panther, Black Bear, Wood Stork, and Red-cockaded Woodpecker. The proposed GMP amendments utilize a balanced approach, employing both regulations and incentives,to address the requirements of the Final Order. Some of the proposed policies are employed at the landscape scale and others at the site-specific scale. The regulatory scheme includes stringent environmental protection standards for areas of greatest environmental value — including the recognition of restoration potential, combined with the incentives of the TDR(Transfer of Development Rights)program as a compensatory mechanism. Below are the major highlights of the GMP amendments approved by the BCC on March 4, 2002 for Transmittal to the Florida Department of Community Affairs(DCA). Major highlights of the Transmitted GMP amendments: a. Establish preservation and native vegetation retention standards in order to protect environmentally sensitive areas, based largely upon a landscape-scale view of lands. Those percentages vary from 40% to 90%, depending upon the environmental value. However, for smaller parcels, there is a guaranteed minimum clearing allowance. b. Designate Rural Fringe lands as Sending, Receiving, or Neutral; additionally, within the Sending Lands, some properties are also designated as Natural Resource Protection Area (NRPA)—areas of highest environmental value. Agricultural land uses are permitted in all land use designations. c. Establish a voluntary Transfer of Development Rights (TDR) program as a mechanism for compensating property owners whose land value has been negatively affected by these 3 amendments. Through the TDR program, residential development rights may be transferred from Sending Lands to Receiving Lands and, on a limited basis, to Urban designated lands. Neutral Lands are not eligible to participate in the TDR program; lands under publicly ownership are not eligible to participate in the TDR program. osirk d. Sending Lands are areas of higher environmental value; accordingly, they have the most restrictive protection standards and most restrictive list of permitted uses. Residential density is limited to 1 DU/40 acres or pre-existing parcel size of<40 acres. Residential density may be transferred at a ratio of 1 DU/5 acres or pre-existing parcel size of<5 acres; however, this will be reviewed further to determine if it is appropriate to have a variable ratio dependent upon a given parcel's value and/or proximity to the Urban area. Once development rights have been transferred (TDRs used), allowable land uses are further restricted—agricultural uses are allowed to continue but cannot be intensified. e. Neutral Lands have an intermediate level of environmental protection standards. Permitted uses are virtually the same as prior to the Final Order. Residential density is allowed at 1 DU/5 acres. f. Receiving Lands are areas of lesser environmental value; accordingly, they have the least restrictive protection standards and broadest list of permitted uses. Residential density is allowed at 1 DU/5 acres; for parcels >40 acres, this density may be increased via TDRs to a maximum of 1 DU/acre. g. Exceptions to the above density limitations include: (a) Density Blending: allows some larger properties, within a Sending or Receiving area, that straddle the Urban boundary, to shift their allowable density so as to protect environmentally sensitive lands; and, (b) Rural Villages: allows a density of between 2 and 3 DU/A, with requirement to use TDRs; allows commercial and institutional uses; requires a greenbelt around the perimeter; depending upon location, limited to between 300 and 2,500 acres; requires public facilities impact analysis. h. Establish the Rural Transition Water and Sewer District to allow for provision of County central water and sewer to all Receiving areas and most Neutral lands. i. When a parcel is cleared for agricultural purposes, there is a 25-year prohibition on using TDRs; similarly, there is a 25-year prohibition on converting to non-agricultural uses. j. Existing land uses are allowed to continue. k. Designate the +/-305 acres adjacent to the west of the landfill, in Section 36, T49S, R26E, as Rural— Industrial District. I. Establish a policy whereby the owners of land <40 acres and located along the edge of a Sending area, may submit data to demonstrate there is no longer environmental value to the site such that it warrants change from Sending designation. m. Establish an Overlay for the North Belle Meade area, resulting from an agreement between intervener parties to previous GMP amendments, that: reduces the development limitations and environmental protection standards for the Receiving Lands within the Overlay; may lessen the likelihood of a challenge to the North Belle Meade NRPA designation since the interveners (a major landowner in the Overlay area and two environmental organizations) agree to it's boundary. n. Provide that the necessary implementing land development regulations for these amendments will be developed within one year. Prepared by: David Weeks,AICP, Growth Management Plan Manager Collier County Government,Growth Management Division/Planning and Regulation Planning&Zoning Department,Comprehensive Planning Section September 27, 2012 Memo to CCPC—Sept.2012 G:\CDES Planning Services\Comprehensive\David\Bert Hams claim-Hussey\CCPC 2012 review dw/9-27-12 4 cJ- z S--iz Bcc EXECUTIVE SUMMARY This item to be heard immediately preceding the Closed Attorney-Client Session scheduled for 12:00 noon. That the Board consider a Settlement Agreement in the lawsuits entitled, Francis D. Hussey, Jr., et al. v. Collier County, et al., Second District Court of Appeal Case No. 2D11-1224; and Sean Hussey, et al. v. Collier County, et aL, Second District Court of Appeal Case No. 2D11-1223., and authorize the Chairman to execute the Settlement Agreement. OBJECTIVE: To settle lawsuits entitled Francis D. Hussey, Jr., et al. v. Collier County, et al., Case No. 2D11-1224, and Sean Hussey, et al. v. Collier County, et al., Case No. 2D11-1223, currently pending the Second District Court of Appeal. CONSIDERATIONS: In 2008, Francis D. Hussey, Jr., Mary P. Hussey, and Winchester Lakes Corporation, a Florida corporation, filed an Inverse Condemnation suit seeking monetary damages from Collier County, the Honorable Charlie Crist, the Governor of the State of Florida, and the Florida Department of Community Affairs. The Plaintiffs contended that the designation of certain real property owned by them pursuant to a 2002 Growth Management Plan Amendment had the effect of precluding mining activities, thereby resulting in a substantial diminution in value of the real estate. The Complaint alleges damage claims, as of June 2002, in the amount of $67,300,000.00, and as of July 2007, in the amount of $91,500,000.00. The Plaintiffs also presented a claim for "Inverse Condemnation based on a regulatory taking of Plaintiffs' property," in an unspecified amount. The Florida Wildlife Federation and the Collier County Audubon Society were granted leave to intervene in the suit by the Court on April 29, 2009, and they thereafter served the Husseys with a Notice of Intent to Sue over Violations of the Endangered Species Act of 1973, Land Clearing of Primary Panther Habitat, RCW Habitat and Wood Stork Foraging Habitat. In 2009, Sean Hussey, the son of Francis and Mary Hussey, and others filed a second lawsuit in this matter. In February 2011, Judge Hayes signed a Final Order granting the County's motion to dismiss the second amended complaint with prejudice, and by separate Order dismissed the claims against the State. After a great deal of procedural maneuvering, this Order dismissing the County is presently on appeal with the Second District Court of Appeals, where it has been held in abeyance pending the parties attempt to reach a settlement. There was no appeal on the Order dismissing the State. There will be a staff presentation and ability for public comment during this item. At the conclusion of this item,the Board will go into a Closed Attorney-Client Session to discuss whether to accept the settlement offer. FISCAL IMPACT: No cost to the County. The County would receive certain future benefits resulting from this agreement, whose value is speculative at this time. GROWTH MANAGEMENT IMPACT: The Settlement Agreement contemplates changes made to the Future Land Use Map. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires 4 votes for approval. -JAK Aotopik RECOMMENDATION: That the Board of County Commissioners consider sign the attached Settlement Agreement relating to lawsuits entitled Francis D. Hussey, Jr., et al. v. Collier County, et al., Case No. 2D11-1224, and Sean Hussey, et al. v. Collier County, et al., Case No. 2D11-1223, currently pending the Second District Court of Appeal. PREPARED BY: Jeffrey A. Klatzkow, County Attorney q-2 .51/2. Bcc IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CASE NO.: 08-6933-CA FRANCIS D. HUSSEY, JR. and MARY P. HUSSEY,husband and wife; and WINCHESTER LAKES CORPORATION, a Florida corporation, Plaintiffs, vs. COLLIER COUNTY, a political subdivision of the State of Florida; THE HONORABLE CHARLIE CRIST, Governor of the State of Florida; and the FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, Defendants. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this of September, 2012, by and between Francis D. Hussey, Jr., Mary Pat Hussey, Sean Hussey, Trustee, Mike Boran, Co-Trustee of the SR 846 Land Trust, Ronald L. Brown, Co-Trustee of the SR 846 Land Trust, Joseph Bonness, President of Winchester Lakes, Inc., and HHH Investments, L.P. (the "Owner") and Collier County, Florida, a political subdivision of the State Florida(the "County"). WHEREAS, the Plaintiffs, FRANCIS D. HUSSEY, JR., and MARY P. HUSSEY, husband and wife, (the "Husseys") are the fee owners of certain real property I within Collier County within an area of Collier County which is commonly referred to as "North Belle Meade;"and WHEREAS, at the time of acquisition, the Hussey Property was designated Agricultural on the zoning maps of Collier County. This zoning designation allowed agricultural use,rock mining, and low density residential housing development; and WHEREAS, the majority of land in the vicinity of the Hussey Property contains a tremendous quantity of DOT grade limestone rock. Rock mines bordered the Hussey Property to the east at the time of the Husseys' acquisition; and WHEREAS, the Plaintiff, WINCHESTER LAKES CORPORATION ("Winchester Lakes") holds a leasehold interest in the Subject Property and holds contractual rights to subsurface minerals including the underground rock and a contractual right to share in the proceeds of this action; and WHEREAS, on or about April 30, 2003, a Conditional Use Mining Application (CU-2003-AR-4093) was filed with the County for approval of rock mining use on behalf of the Husseys and Winchester Lakes, which was filed in a good faith expectation of a final use designation allowing rock mining on significant portions of the Hussey Property; and WHEREAS,the County failed to process the Conditional Use Mining Application (CU-2003-AR-4093), notwithstanding that the Application was filed prior to the effective date of any potential Growth Management Plan amendment which would have prohibited potential rock mining; and WHEREAS, as part of obligations imposed by the Department of Community Affair in the June 22, 1999 Final Order (AC 99-002), the County also adopted certain Growth Management Plan Amendments on May 9, 2000 mandating that an environmental assessment for consideration of greater environmental protection was to be made of the agricultural/rural areas of Collier County by June 22, 2002; and WHEREAS, after concluding its environmental assessment, the County adopted Ordinance No. 2002-32 on June 22, 2002. Within the North Belle Meade Area, the County also created sub-designations for certain lands. "Neutral Lands" retained substantially the same rights as before the passage of Ordinance No. 2002-32. "Receiving Lands" were designated to continue rock mining, residential uses, and density bonuses could be given under certain circumstances. "Sending Lands," were designated so that that rock mining would no longer be allowed. Any residential development was reduced to one unit per forty acres rather than one unit per five acres. In addition, the changes eliminated other rights, such as gated communities, planned unit developments with density clustering, and accessory uses such as golf and tennis facilities; and 3 WHEREAS, due to an administrative challenge to the Florida Department of Community Affairs, as set forth above, Ordinance No. 2002-32 did not become effective until July 22, 2003; and WHEREAS, the vast majority of lands designated as "Sending" within the North Belle Meade by the Rural Fringe Amendments are 5 and 10 acre parcels suitable only for use as a single-family homesites. The reasonably anticipated uses of these smaller single family homesites remained essentially unchanged by their designation as "Sending;"and WHEREAS, the Rural Fringe Amendments within the North Belle Meade, as a practical matter, affected only the Husseys because theirs was the only parcel in North Belle Meade which was capable of viable rock mining and which was substantially affected by the amendments; and WHEREAS, Ordinance No. 2002-32 also had a provision to afford a hearing to property owners who were affected by a "Sending Land" designation. This provision allowed property owners —who were contiguous to Neutral Lands or Receiving Lands — to bring forth evidence to support a final designation of their properties to "Neutral" or "Receiving." According to notice sent by the County, the "Sending" designation was simply "preliminary" at the initial passage of Ordinance No. 2002-32, giving property owners an opportunity to be heard; and WHEREAS, in particular, the Husseys filed a Petition for a final designation on the Subject Property of"Receiving Lands" by way of a Petition for Amendment to the GMP as provided in Ordinance No. 2002-32. This was ultimately consolidated with and included with a separate staff- sponsored Petition to Amend the GMP to make final designations; and WHEREAS, Winchester Lakes and the Husseys proffered environmental, hydrological and geological data, to support that all or a significant portion of the Hussey Property should be redesignated "Neutral Land" or "Receiving Land" so as to achieve their mining and development goals; and WHEREAS, both the Husseys and the staff-sponsored Petition for GMP Amendment were denied on July 25, 2007. WHEREAS, thereafter, on August 7, 2007, the County sent notice that the pending Conditional Use Mining Application (CU-2003-AR-4093), which the County had held in abeyance four years,was deemed closed; and WHEREAS, the Husseys and Winchester Lakes have filed a claim against Collier County under Florida Statutes § 70.001 (the"Bert Harris Act"); and 5 WHEREAS, the Husseys and Winchester Lakes have also filed claim challenging the constitutionality of the Rural Fringe Amendments pursuant to Article X Sec. 6(a) of the Florida Constitution; and WHEREAS, the parties wish the settle this dispute on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the foregoing premises and the following mutual promises (the receipt and sufficiency of such consideration being acknowledged by all parties), 1. Recitals. The foregoing recitals are true and correct and are incorporated by reference. 2. Denial of Liability. No party is admitting wrongdoing, fault, or liability of any nature by entering into this Agreement. 3. Hussey Lands. A. Collier County will change the Future Land Use Map designation of the 526.12 acres listed on Exhibit A from Rural Fringe Mixed Use District(RFMUD) Sending Lands to Receiving Lands. Said Lands may be used for the purposes of quarry (earth mining), asphalt, and concrete batch-making plants, and the recycling of concrete and construction debris (facilities for the collection, transfer, processing and reduction of solid waste)without the necessity of a conditional use permit. Collier County will support and not oppose any related applications to appropriate State and Federal Agencies. B. The Owner's property may be developed with uses, densities and intensities as allowed on other Receiving Lands within the North Belle Meade, and shall be subject to the same requirements and limitations as other Receiving Lands within the North Belle Meade, except that conditional use approval shall not be required for earth mining and asphalt and concrete batch-making plants. No other commercial or industrial uses will be allowed. The Owner waives the right to a Rural Village. C. The Owner shall entitle the Receiving Lands portion of the property as a Planned Unit Development(s) (PUD) and be subject to the public hearing and approval process set forth in the Collier County Land Development Code for a PUD rezone, notwithstanding that the residential density would be established by right using the Sending and Receiving criteria. D. Collier County will change the Future Land Use Map designation of the approximately 440 acres listed on Exhibit B to apply special regulations to those Sending Lands. Those special regulations will permit earth mining on those lands without the necessity of a conditional use permit, although an excavation permit will still be required. Excavation on the Exhibit B lands will not exceed 115 acres. TDRs from any excavated Exhibit B lands will be forfeited. E. Those special regulations will also prohibit residences within those lands, but allow for essential services allowed within agricultural zoned districts as identified in sections 2.01.03 A., D., and E. of the Land Development Code and all other Sending Lands uses. F. The Owner agrees to coordinate the development of its mining lakes and development lakes consistent with the Big Cypress Basin, County Stormwater and the Water Management District long range plans to ensure that they fulfill regional water supply, flooding and rehydration objectives. i. The Owner will allow pass through water through its lakes so long as it does not reduce the aesthetic appearance or water quality. G. Within 180 days following the court approval of the Settlement Agreement, the Owner shall dedicate to the County the one hundred and eighty(180) feet of right-of-way for the future Wilson Boulevard Extension(Blackburn Road) along the Owner's southern property line as depicted in Exhibit A. This will be at no cost to the County and the Owner will receive no impact fee credits for this dedication. The right of way will be transferred fee simple, subject to easements and reservations of record. Owner will be permitted access onto the future Wilson Boulevard Extension for residential and agricultural uses, with at least two tie-in locations that permit left turns in. Subject to the conditions of the commercial excavation permit, Owner will be permitted access onto the future Wilson Boulevard Extension for the hauling of excavated 8 materials. County staff will have no objection to at least two tie-in locations that permit left turns in. H. For all other planned roadways and planned corridors currently shown on the Metropolitan Planning Organization's (MPO) 2035 Long Range Transportation Plan(LRTP)needs plan that are within or adjacent to Owner's property, the Owner shall commit to the following: i. The Owner shall reserve within its property, the right of way necessary to construct these roadways. a. The Owner agrees to donate right of way within its property for these roadways within 180 days of the County including these roadways in the 5 year Capital Improvement Plan(CIP/CIE) b. The transfer will be at no cost to the County and the Owner will receive no impact fee credits. c. The right of way will be transferred fee simple, subject to easements and reservations of record. ii. The Owner shall reserve within its property, the necessary water quality and water quantity treatment and attenuation for the planned roadways and corridors adjacent to their property. a. The Owner agrees to have the treatment and attenuation available within 3 years of the County including these roadways in the 5 year Capital Improvement Plan(CIP/CIE), so long as excavation has been permitted by all necessary governmental authorities. b. The County may extend the treatment and attenuation an additional 1,000 linear feet from the Owner's boundaries. The County will notify the Owner of the addition upon the completion of 30% design plans. c. The right to use these lakes for water management will be at no cost to the County and the Owner will receive no impact fee credits. However, any other water management costs, such as engineering fees, pipes,pumps, weirs and the like will be at the expense of the County and at no cost to the Owner. iii. The Owner shall provide fill at no cost to the County, for those portions of all roadways and corridors within or that abut its property. a. The Owner agrees to have the fill available within 3 years of the County including these roadways in the 5 year Capital Improvement Plan(CIP/CIE), so long as excavation has been permitted by all necessary governmental authorities. b. The Owner will be responsible to stockpile the fill and the County will be responsible to pick up and transport the fill at its sole cost and expense c. Excavation and the operation of the excavation facility for the stockpiling of fill and other materials may commence prior to the completion of the future Wilson Boulevard Extension. / a materials. County staff will have no objection to at least two tie-in locations that permit left turns in. H. For all other planned roadways and planned corridors currently shown on the Metropolitan Planning Organization's (MPO) 2035 Long Range Transportation Plan(LRTP)needs plan that are within or adjacent to Owner's property, the Owner shall commit to the following: i. The Owner shall reserve within its property, the right of way necessary to construct these roadways. a. The Owner agrees to donate right of way within its property for these roadways within 180 days of the County including these roadways in the 5 year Capital Improvement Plan(CIP/CIE) b. The transfer will be at no cost to the County and the Owner will receive no impact fee credits. c. The right of way will be transferred fee simple, subject to easements and reservations of record. ii. The Owner shall reserve within its property, the necessary water quality and water quantity treatment and attenuation for the planned roadways and corridors adjacent to their property. a. The Owner agrees to have the treatment and attenuation available within 3 years of the County including these roadways in the 5 year Capital Improvement Plan(CIP/CIE), so long as Ask excavation has been permitted by all necessary governmental authorities. b. The County may extend the treatment and attenuation an additional 1,000 linear feet from the Owner's boundaries. The County will notify the Owner of the addition upon the completion of 30% design plans. c. The right to use these lakes for water management will be at no cost to the County and the Owner will receive no impact fee credits. However, any other water management costs, such as engineering fees, pipes,pumps, weirs and the like will be at the expense of the County and at no cost to the Owner. iii. The Owner shall provide fill at no cost to the County, for those portions of all roadways and corridors within or that abut its property. a. The Owner agrees to have the fill available within 3 years of the County including these roadways in the 5 year Capital Improvement Plan(CIP/CIE), so long as excavation has been permitted by all necessary governmental authorities. b. The Owner will be responsible to stockpile the fill and the County will be responsible to pick up and transport the fill at its sole cost and expense c. Excavation and the operation of the excavation facility for the stockpiling of fill and other materials may commence prior to the completion of the future Wilson Boulevard Extension. 4 to d. It is understood that a third party will be providing the road base for the future Wilson Boulevard Extension, and the fill for the future Wilson Boulevard Extension will only be that which is needed to complete that roadway, as currently designed,beyond what is has been pledged or is provided by third parties. iv. The Owner shall provide fill at a"base cost"to the County for those portions of roadways and corridors that are not adjacent to its property but are currently shown on the MPO's 2035 LRTP needs network and that the Owner is required, as a condition of its commercial excavation permit to use - whether now or in the future -as haul roads for access to the County's arterial network. a. The portions of these roads subject to the contribution of fill at base cost requirement will be limited geographically to Collier Boulevard on the west, Golden Gate Boulevard on the north, Everglades Boulevard on the east and I-75 on the south. The roads themselves do not include any portion of the aforementioned Collier Boulevard, Golden Gate Boulevard, Everglades Boulevard, 1-75, or any portion of Wilson/Blackburn that lies to the east of the North/South alignment of the future Wilson Boulevard Extension. b. The Owner agrees to have the fill available within 3 years of the County including these roadways in the 5 year Capital Improvement Plan(CIP/CIE), so long as excavation has been permitted by all necessary governmental authorities. Alit: c. The "base cost" shall be defined as the Owner's cost to excavate and stockpile the fill. This will not include permitting and mitigation. i. The County reserves the right to pay the"base cost"with either impact fee credits or cash, so long as Owner has the current ability to utilize the impact fees credits. d. The County will be responsible to pick up and transport the fill at its sole cost and expense. I. The Owner's entitlements to density shall include the area calculated prior to any right of way donations. J. Collier County will have option to purchase rock and fill at from these excavations at 10% less than market rate. K. For lands within the Hussey Property that were cleared of native vegetation since the date of the adoption of the RFA, the requirement of CCME Policy 6.1.5 relating to the native vegetation requirements within Policies 6.1.1 and 6.1.2 shall be deemed satisfied through the designation of the 945 acres within the SR 846 Land Trust as Sending land, as well as the Native Vegetation Restoration and Management Plan attached as Exhibit C to this Agreement. � 2 L. The Owner shall provide to the County two (2) well site easements within its property and adjacent to the roadways shown on the MPO's 2035 LRTP needs plan. i. The easements shall be provided at no cost to the County. 4. SR 846 SUBDISTRICT A. Legal Description. All of Section 35 & 36, Township 47 South, Range 27 East, and all of Sections 1 and 2 in Township 48 South, Range 27 East (less road right-of-way for County Road 846 Immokalee Road), Collier County,Florida. B. The foregoing described property consists of an approximate combination of Rural Fringe Mixed Use District (RFMUD) Receiving Lands (1,631.5 acres) and Sending Lands (945 acres) as depicted on the attached map. The property may be developed in accord with the criteria for this specific subdistrict or criteria for the RFMUD generally, and as may be amended, or a combination thereof. All existing native vegetation in the Sending Lands will be preserved, except as provided below. The native vegetation retention standards for the Receiving Lands, including all requirements in Section 3.05.07 of the Collier County Land Development Code, are deemed to have been met by preservation of the existing native vegetation in the Sending Lands portion of this subdistrict. C. Any native vegetation to be cleared in the Sending Lands (e.g. roads, utilities, passive recreational facilities, and/or other essential services), must be replaced by restoration of agricultural land in the Sending Lands portion of this subdistrict at a 1:1 ratio." The restoration will occur per the attached"Native Vegetation /3 Amok Restoration and Management Plan" (Exhibit C, SR 846 Subdistrict), as may be amended, or an alternative plan requested by the property owner and approved by Collier County. The attached Native Vegetation Restoration and Management Plan is deemed approved as a TDR restoration management plan if applicant severs TDR's from the Sending lands. D. Lands eligible for the Environmental Restoration and Maintenance Bonus TDR Credit will include preserved native vegetation and restored land. If agricultural lands in the Sending Lands are proposed for restoration, the restoration plan will include the design of short hydroperiod wetlands that could be utilized by wood storks for foraging habitat. The applicant will seek input from staff at the National Audubon Society's Corkscrew Swamp Sanctuary for the design of the short hydroperiod wetlands and that input will be incorporated,provided the design input is compatible with surrounding land use, is economically viable, and does not conflict with permit requirements of state, federal, or local agencies. E. A Rural Village of up to 1,631.5 acres may be developed on the Receiving Lands. If the Receiving Lands are developed as a Rural Village, the Sending Lands portion of the subdistrict shall be deemed to satisfy the requirement for a greenbelt. Through use of Planned Unit Development (PUD) zoning and utilization of TDR Credits, a density of up to three dwelling (3) units per gross acre of Receiving Lands may be approved on the Receiving Lands. Sending Lands may be included in the PUD but shall not be counted for residential density. The Receiving Lands may be developed as a Mixed Use PUD (MPUD) which allows office and retail commercial uses, Assisted Living Facilities/Continuing Care Retirement Communities or similar use at an / y FAR of up to .60, and hotel, motel or other transient lodging facility with customary accessory uses at a density of up to 26 units per acre. F. If the property is developed as a Residential Planned Unit Development (RPUD) or an MPUD, a minimum density of one dwelling unit per acre is required. G. If developed as an MPUD commercial uses shall not exceed 10% of the total acreage of any MPUD. If a Rural Village is proposed, the maximum percentages for neighborhood centers, village centers, and research and technology parks shall be as permitted per the LDC. H. The early entry TDR bonus density credit shall be extended for three (3) years for the Sending Lands after the effective date of this subdistrict or such other date as may be extended generally for other RFMUD Sending Lands, whichever is the later date. I. Should Collier County adopt provisions that enable the transfer and use of RLSA Stewardship Credits in the RFMUD, such provisions may be used within the SR 846 Subdistrict. J. The boundary of the SR 846 Sending Lands as depicted on the attached SR 846 Subdistrict Map is approximate. The final boundary will be delineated based on field surveys at the time of application for TDR approval to reflect native vegetation, wetland and other site conditions at that time, however boundary adjustments shall ensure that the total acreage of SR 846 Sending lands shall be no less than 945 I 5 Ask acres. Sending and Receiving area boundary adjustments shall not require a GMP Map amendment. K. A Conditional Use for earthmining and extraction was previously approved for this property (Resolution No. 2012-15), a portion of which has been subsequently changed from Receiving to Sending Lands. Earthmining and extraction remain as permitted Conditional Uses on the Receiving Lands, but are no longer permitted on these Sending Lands. No amendment of the Conditional Use approval is necessary to enforce this prohibition on earthmining and extraction on the Sending Lands. L. For all planned roadways and planned corridors shown on the Metropolitan Planning Organization's (MPO) 2035 Long Range Transportation Plan (LRTP)needs plan as of the date of approval of this Subdistrict and which are adjacent to Subdistrict property boundaries, the Owner shall commit to the following: i. To reserve within its property, the right of way necessary to construct these roadways. a. To convey the right of way within 180 days of the date that the County adds these roadways to the 5 year Capital Improvement Plan (CIP/CIE). b. The conveyance will be at no cost to the County and the Owner will not receive transportation impact fee credits. c. The right of way will be conveyed in fee simple subject to easements and reservations of record. / � ii. The Owner shall reserve within its property, the necessary water quality and water quantity treatment and attenuation for the above- referenced roadways and corridors adjacent to the property. iii. The County may extend the treatment and attenuation an additional 1000 linear feet from the property boundaries. The County will notify the Owner of the addition upon the completion of 30% design plans. iv. The County's right to the use of these lands for water management will not result in a cost to the Owner, nor will the Owner receive impact fee credits. M. The Owner's entitlements to density shall include the area calculated prior to any right of way conveyance. N. For residential density in excess of one (1) dwelling unit per acre (the maximum density allowed by right via use of transfer of development rights credits), the Owner shall entitle the property as a Planned Unit Development(s) (PUD) and be subject to the public hearing and approval process set forth in the Collier County Land Development Code for a PUD rezone, notwithstanding any residential density that would be established by right using the Sending and Receiving criteria. 5. The terms and condition may only be modified by mutual consent. The Owner and the County acknowledge that the terms of this settlement contain proposed land use entitlements and infrastructure improvements that are contemplated in 25-year planning horizon. The Owner and the County agree to work / 1 Jaw cooperatively to modify these terms as needed to reflect actual conditions as the Owner and the County execute their development and infrastructure plans 6. Upon approval by the court and the expiration of the time within which for any third parties to appeal, or the upholding of this settlement with finality, if so appealed, this action will be dismissed with prejudice. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] l8 PLATT RD g 65TH AVE NE ,,..1 27 26 4x7 25 30 oat)TURKEY DR 4 u. MTH AVE NE , ..-..... .--, 111111\1\1N10:11%:1/4\/ 6,4 TH AVE NE 34 1\16..11\16.\ ii0 Ad GOT4-3 AVE NE tit*SriiI6 Ai . T47 111116S1■, • ." A A/1 A 58TH AVE RE T47 T48 wi 1 1 0 i INN INNil r proVir/0 0 S1.4.TH AVE NTE48 0 00,or 54TH A.....NE zr Lt1 6 3 9. All 52ND AVE NE 400001 gt NI A •••• ' 5aTH AVE NE LLI TIE ill 112 LLI LE> Z ,4ETH AVE NE 10 47TH AVE Nr 11 1 11' 0 ti) ti) 12 0 0 7 .,..* 4., Ki f.... 45TH AVE NE •••• ,r- w- R 2 LEGEND !‘. Ifl S,R, 646 LAND TRUST 440,ts r. R17,1 SENDING ERSA'ESST/110sALE.AY FiV:As 40E504 wit.LEFt i tRAAANG tIt SANE STATE AVANE 4A-E,C4 OAS E.A.ES MAI-04 i 77 RE CEIV INC, 4 1.000 &WO 3.404) ,. .. . P SSi s.R...s46 St.:13DISTRICT MAP Tito AA R El.LA #.„ A'''.'' & /AS SO C 1AT E S: P.F. 'Vs,I! / 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Fred W. Coyle, Chairman Mary Pat Hussey Francis D. Hussey, Jr. Sean Hussey, Trustee Michael J. Boran, Co-Trustee SR 846 Land Trust Ronald L. Brown, Co-Trustee Winchester Lakes, Inc. SR 846 Land Trust Joseph Bonness, President HHH Investments, LP By: HHH Investments Corp. I., GP Francis D. Hussey, Jr., President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of September, 2012, by Mary Pat Hussey, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: 20 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of September, 2012, by Francis D. Hussey, Jr., who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of September, 2012, by Sean Hussey, as Trustee, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of September, 2012, by Michael J. Boran, as Co-Trustee of the SR 846 Land Trust, on behalf of such trust, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: 2 ( STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of September, 2012, by Ronald L. Brown, as Co-Trustee of the SR 846 Land Trust, on behalf of such trust, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of September, 2012, by Joseph Bonness, as President of Winchester Lakes, Inc., a Florida corporation, on behalf of such corporation,who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of September, 2012,by Francis D. Hussey, Jr., President of HHH Investments Corp.I, a Delaware corporation, authorized to do business in the state of Florida, which is the General Partner of HHH Investments L.P., a Delaware limited partnership authorized to do business in the state of Florida, on behalf of such limited partnership, who is personally known to me or who has produced as identification. Notary Public Print Name: My Commission Expires: Z Z Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Collier County Attorney 23 Amok EXHIBIT A 1. Within Section 29, Township 49, Range 27; parcels: 00328560002 00331320006 00330480002 00328640003 00329240004 00330840008 2. The Northern 9/32nds of Section 32, Township 49 South, Range 27 East; 3. Within Section 33, Township 49 South, Range 27 East; parcels: 00344240005 00343760007 00345280006 00343080004 00342840009 00344040001 2 II' EXHIBIT B The Southern 23/32nds of Section 32, Township 49 South, Range 27 East, less and except any lands that were previously taken for highway right of way. 2S EXHIBIT C . SR 846 SUB-DISTRICT NATIVE VEGETATION RESTORATION AND MANAGEMENT PLAN Revised September 2012 INTRODUCTION The following outlines the native vegetation restoration and management plan for the SR 846 Sub-District (Sub-District). The Sub-District is located in Sections 35 and 36, Township 47 South, Range 27 East; and Sections 1 and 2, Township 48 South, Range 27 East, Collier County. This management plan will provide direct benefit to listed wildlife species with the potential to utilize habitats within the Sub-District including gopher tortoise (Gopherus polyphemus), Eastern indigo snake (Drymarchon corais couperi), American alligator (Alligator mississippiensis), little blue heron (Egretta caerulea), snowy egret (Egretta thula), tri-colored heron (Egretta tricolor), white ibis (Eudocimus albus), burrowing owl (Athene cunicularia floridana), bald eagle (Haliaeetus leucocephalus), wood stork (Mycteria americana), Florida panther (Puma concolor coiyii), and Florida black bear (Ursus americanus floridanus). The preserve management plan will provide direct protection of habitats that may contain Collier County Less Rare plant species including butterfly orchid (Encyclia tampensis), inflated wild pine (Tillandsia balbisiana), stiff-leaved wild pine (T.fasciculata), twisted air plant(T.flexuosa), and giant wild pine(T. utriculata). EXOTIC REMOVAL AND MAINTENANCE Exotic vegetation will be eradicated from all native preserves. Exotic vegetation includes Category I exotics as defined by the Florida Exotic Pest Plant Council list of invasive species at the time of preserve management plan approval. Nuisance and non-native ornamental vegetation shall be eradicated from all native preserves. Enhancement activities in the preserves will include hand removal of exotic and nuisance vegetation. Exotic removal work within the preserve areas will begin in conjunction with initial site clearing activities and be completed in accordance with the South Florida Water Management District (SFWMD) Environmental Resource Permit Work Schedule. All exotics within the first 75 feet of the outer edge of every preserve shall be physically 2- (2 removed or the trees cut down to grade, cut debris removed, and the stumps treated. Exotic vegetation within the interior of the preserve will be treated in place if physical removal will cause more damage to the native vegetation within the preserve. Exotic vegetation shall be removed by hand within the preserve area. The exotic vegetation will be cut down to grade and the stump treated with a U.S. Environmental Protection Agency approved herbicide with visual trace dye included. The hand removal of exotic and nuisance vegetation will include one or more of the following methods: 1) cut exotics within 12 inches of ground elevation, hand remove cut vegetation, and treat remaining stump with approved herbicide; 2) girdle standing melaleuca (Melaleuca quinquenervia) and Australian pine (Casuarina equisetifolia) with diameter at breast height (DBH) greater than four inches and apply approved herbicide to cambium; 3) foliar application of approved herbicide to melaleuca saplings, Brazilian pepper (Schinus terebinthifolius), Australian pine, and downy rose myrtle (Rhodomyrtus tomentosus); and 4) foliar application of approved herbicide or hand pulling of exotic seedlings and cattails (Typha sp.). In areas where the density of melaleuca trees exceeds 50 percent, cuttings will either be removed from the site or stacked in piles at approximately 100 foot intervals. If left on the site, smaller cuttings will be stacked butt end to the ground into a nearly vertical position(i.e., teepee method). Larger cuttings will be cut and stacked side by side into an area approximately six feet per side. Cuttings will be stacked perpendicular to the previous layer, up to a height of approximately four feet(i.e., log cabin method). LONG-TERM MAINTENANCE AND MONITORING The wetland and upland preserve areas shall remain in a natural state in perpetuity and not be disturbed by dredging, filling, land clearing, or construction related activities. Exceptions for disturbance are allowed for management activities described in this management plan and passive recreational uses and pathways as may be approved by the County. The preserve area shall be kept free of refuse and debris. Maintenance will be conducted in perpetuity to ensure that the preserves are free of exotic vegetation and nuisance vegetation. Inspections of the preserve area shall occur annually by the Preserve Manager or more frequently if necessary. The annual inspections shall document with photographs the coverage and types of vegetation to be cleared for fuel management or safety concerns, prior to clearing. The annual reports will include results of the inspections and recommendations of the Preserve Manager, including specific techniques to prevent reinvasion by prohibited exotic vegetation. Changes in the Preserve Manager hired to manage the preserve shall be documented in the annual reports. The property owner shall retain the five most recent years of monitoring reports and make them available to Collier County upon request. Additional monitoring will be implemented for preserves that receive treated stormwater. The additional monitoring program will include protocols to conduct vegetation surveys and monitoring for ground and surface water levels. Monitoring for stormwater in the 2 �7 preserves will include baseline followed by five annual monitoring reports. Reports submitted to the SFWMD may be used to satisfy this reporting requirement as long as they conform to the requirements of Land Development Code (LDC) 3.05.07.H.1.g.viii. Compatible vegetation must be planted to replace upland vegetation that may be lost as a direct result of the introduction of stormwater into the preserve. FIRE MANAGEMENT AND VEGETATION REMOVAL Prescribed burning is an available management technique that may be permitted, as applicable, within the upland and wetland preservation areas. Fire management prescriptions will be prepared by a certified prescribed burn manager for the purpose of improving forest health, maintaining species diversity, and minimizing the risk of uncontrolled wildfire. Fire management prescriptions must be appropriate for the habitat type and surrounding land uses. The feasibility of conducting prescribed burns will take into consideration the ability to obtain local and state authorizations, the ability to create adequate firebreaks at the burn site, and impacts to listed wildlife species. Prescribed burning may only be conducted by a certified prescribed burn manager and in accordance with the applicable rules and regulations of the Division of Forestry. The use of prescribed burning may necessitate the creation of adequate firebreaks resulting in the removal of native vegetation within the preserve areas. The removal of native vegetation in the preserve areas for the purpose of creating fire breaks will be coordinated with the Amok Division of Forestry Vegetation removal permits from the County shall not be required to implement clearing or thinning vegetation for fuel management or fire lines in accordance with normal forestry practices. Vegetation removal permits shall not be required to remove dead, dying, or leaning trees which pose a safety concern unless they contain a nest or cavity of a listed animal species or bald eagle. Where listed species may be affected by vegetation clearing practices, surveys for listed species must be conducted no more than six months prior to clearing. PRESERVE SIGNAGE Signage shall be placed around preserve areas to identify and protect the preserve during and after construction. The signage will note the posted area is a protected area. The signs shall be no closer than ten feet from residential property lines, be limited to a maximum height of four feet and a maximum size of two square feet, and otherwise comply with Section 3.05.04 of the LDC. Maximum sign spacing shall be 300 feet. 2cc ■ RESTORATION During development activities, it may be necessary to perform certain construction activities (i.e., roads and other uses) within the Sending Land native vegetation. Any native vegetation cleared in the Sending Lands must be replaced by restoration of agricultural land in the Sending Lands portion of this Sub-District at a 1:1 ratio. Restoration plantings will include the tree, shrub, and ground cover plantings listed in Tables 1 or 2. Tree plantings will include a minimum of three species, shrub plantings will include a minimum of two species, and ground cover plantings will include a minimum of three species. Agency permitted restoration requirements for native vegetation cleared in the Sub-District will be deemed satisfactory replacement and will supersede the restoration requirements of this section. Table 1. Wetland Planting List Minimum Planting Common Minimum Instruction Scientific Name g Container (On Center Name Height Size Center) Freshwater Forested Wetland Plantings Cypress 15 ft. Taxodium 6 ft. 3 gal. ascendens Dahoon holly Ilex cassine 6 ft. 3 gal. 15 ft. Pop ash Fraxinus caroliniana 6 ft. 3 gal. 15 ft. Red maple Acer rubrum 6 ft. 3 gal. 15 ft. Slash pine Pinus elliottii _ 6 ft. _ 3 gal. 15 ft. Wax myrtle 3 ft. 1 gal. 8 ft. Myrica cerifera g Gallberry 3 ft. 1 gal. 8 ft. Ilex glabra g Buttonbush 8 ft. Cephalanthus 3 ft. 1 gal. occidentalis Cordgrass Spartina bakeri 12 in. 4 in. 3 ft. Wiregrass Aristida stricta 12 in. 4 in. 3 ft. Gulfdune Paspalum 12 in. 4 in. 3 ft. paspalum monostachyum Fakahatcheegrass Tripsacum dactyloides 12 in. 4 in. 3 ft. Sawgrass Cladium jamaicense 12 in. 4 in. 3 ft. Freshwater Marsh Plantings Maidencane 3 ft. 12 in. 4 in. Panicum 2q ilik hemitomon Pickerelweed Pontederia cordata 12 in. 4 in. 3 ft. Duck potato Sagittaria lancifolia 12 in. 4 in. 3 ft. Soft-stem Scirpus validus 12 in 4 in 3 ft. bulrush _ Spikerush Eleocharis interstincta 12 in. 4 in. 3 ft. Bacopa Bacopa caroliniana -- Liner -- Table 2. Upland Planting List Minimum Planting Common Scientific Name Minimum Container Instruction Name Height Size (On Center) Live oak Quercus virginiana 6 ft. 3 gal. 15 ft. Slash pine Pinus elliottii 6 ft. 3 gal. 15 ft. Cabbage palm Sabal palmetto 6 ft. 3 gal. 15 ft. Myrtle oak Quercus myrtifolia 3 ft. 1 gal. 8 ft. Chapman's oak Quercus chapmanii 3 ft. 1 gal. 8 ft. Coco plum Chrysobalanus icaco 3 ft. 1 gal. 8 ft. Myrsine 3 ft. 1 al. 8 ft. Rapanea punctata g Aft Wax myrtle 8 ft. Myrica cerifera 3 ft. 1 gal. Muhly grass 3 ft. Muhlenbergia 12 in. 4 in. capillaris Sand cordgrass Spartina bakeri 12 in. 4 in. 3 ft. Broornsedge Andropogon virginicus 12 in. 4 in. 3 ft. Table 2. (Continued) Minimum Planting Common Scientific Name Minimum Container Instruction Name Height Size (On Center) Lovegrass _ Eragrostis spectabilis 12 in. 2 in. 3 ft. Saw palmetto Serenoa repens 12 in. 4 in. 3 ft. Wiregrass Aristida stricta 12 in. 4 in. 3 ft. 30 SPECIES SPECIFIC MANAGEMENT ACTIONS Specific management actions for gopher tortoise, Eastern indigo snake, American alligator, and burrowing owl are as follows: Gopher Tortoise The Sub-District will provide for on-site preservation areas that provide suitable gopher tortoise habitat. Gopher tortoises located in habitats proposed for development will be relocated to the on-site preservation area in accordance with Florida Fish and Wildlife Conservation Commission (FWCC) permits. The on-site gopher tortoise preserves will remain fenced to prevent the relocated gopher tortoises from entering the construction area and to protect vegetation during the clearing and construction period. The gopher tortoise preserves will be managed by hand removal of exotic vegetation and controlled burning. Gopher Tortoise Relocation and Management Prior to the relocation of any gopher tortoises, an updated gopher tortoise survey will be conducted within the limits of construction no more than 90 days prior to excavating the gopher tortoise burrows. Within the limits of construction, all potentially occupied gopher tortoise burrows will be excavated. Removal of the vegetation and heavier overburden material will occur by backhoe. The finer digging around the burrow will be done by hand. Excavation activities will be supervised by a qualified biologist. Any gopher tortoises and their commensals found will be relocated to the on-site preserve area. Following the completion of the relocation activities, County Environmental Services staff will be notified in writing regarding the number of burrows excavated and the number of tortoises relocated to each on-site preserve. To reduce the threat of wildfires and maintain quality gopher tortoise habitat within the preserve area, prescribed burns may be utilized to remove excess vegetative growth and nuisance vegetation, such as vines. Burning in the preserves may occur on a one to three year rotation or as conditions permit. Any controlled burning shall be conducted by a state certified burn manager and will be at the discretion of the developer or homeowners association. Roller-chopping and hand clearing are alternative methods for removing excess vegetation growth and nuisance vegetation. All burning, roller-chopping, or hand clearing activities shall be reviewed by County Environmental Services staff. Three years post-relocation, an assessment of the gopher tortoise recipient sites shall be conducted to evaluate habitat conditions and the status of the gopher tortoise population. County Environmental Services staff shall be notified if corrective actions are required. The gopher tortoise recipient site will be inspected as needed every three years to insure that the preserve is suitable for supporting gopher tortoises in perpetuity. Eastern Indigo Snake 3 / Amok During clearing operations, informational posters will be placed in conspicuous locations at the construction office and construction entrances. The posters will provide background information on identification, habits, and protection of the Eastern indigo snake. The posters will state actions to take if an Eastern indigo snake is sighted and the names and telephone numbers of contact persons. Informational pamphlets will be made available to individuals in charge of the clearing operation for distribution to all construction crew. The pamphlets will provide background information on identification, habits, and protection of the Eastern indigo snake. The pamphlets will state actions to take if an Eastern indigo snake is sighted, and the names and telephone numbers of contact persons. Actions to take if a live or injured Eastern indigo snake is sighted during construction activity: 1. Cease construction activity. 2. Promptly notify the project's qualified biologist: Passarella&Associates, Inc. Phone: (239)274-0067 3. Allow the snake sufficient time to move away from construction activity or allow the qualified biologist to promptly relocate the Eastern indigo snake before resuming construction. Only the qualified biologist is permitted to come in contact with,or relocate an Eastern indigo snake. Actions to take if a dead Eastern indigo snake is sighted during construction activity: 1. Promptly notify the project's qualified biologist: Passarella&Associates, Inc. Phone: (239)274-0067 2. Seal the remains in an airtight plastic bag and place on ice. 3. The qualified biologist will contact the following agency personnel for proper disposal: Conservation Planning Section Dr. Joe Walsh U.S. Fish and Wildlife Service Florida Fish and Wildlife Conservation South Florida Ecological Services Field Office Commission 1339 20th Street 255 154t1i Avenue Vero Beach, Florida 32960 Vero Beach, Florida 32968 Phone: (772) 562-3909 Phone: (772) 778-5094 32- American Alligator Signs will be posted on the subject property to instruct on-site workers not to feed or harass the American alligator or disturb nesting sites. The signs will indicate that the offense is punishable by law. Construction personnel will be instructed that in the event there is a problem with a persistent nuisance alligator, they will need to contact the FWCC, as that is the only agency empowered to handle nuisance alligators. Burrowing Owl The burrowing owl is a pint-sized bird that lives in open, treeless areas. The burrowing owl spends most of its time on the ground, where its sandy brown plumage provides camouflage from potential predators. One of Florida's smallest owls, it averages 9 inches in height with a wingspan of 21 inches. The burrowing owl lacks the ear tufts of the more familiar woodland owls. Bright yellow eyes and a white chin accent the face. Unusually long legs provide additional height for a better view from its typical ground-level perch. Burrowing owls nest and inhabit underground burrows that they excavate or adopt from other burrowing animals, such as gopher tortoises. Culverts, PVC pipes, and spaces underneath sidewalks and roofs also serve as nesting locations for the burrowing owl. They are mostly monogamous and territorial around their burrows. During the nesting season, burrows are adorned with various materials such as grasses and palm fronds before egg-laying. Subsequent to the laying of eggs, the entrance to the burrow is decorated with highly visible non-natural objects, such as tinfoil and plastics. The low pasture areas in preserves may be maintained by cattle grazing. If cattle are removed from the site, the low pasture may be mowed or burned. Mowing will only be conducted during the non-nesting season(July 10 through February 15). The appropriate FWCC permit will be obtained before any burrowing owl burrow is taken. Wood Stork If agricultural lands in the Sending Lands are proposed for restoration, the restoration plan will include the design of short hydroperiod wetlands that could be utilized by wood storks for foraging habitat. The applicant will seek input from staff at the National Audubon Society's Corkscrew Swamp Sanctuary for the design of the short hydroperiod wetlands and that input will be incorporated, provided the design input is compatible with surrounding land use, is economically viable, and does not conflict with permit requirements of state, federal, or local agencies. 33 Amok CONTACTS The contact information for the preserve manager and the developer are as follows: Preserve Manager Developer Andrew Woodruff To Be Determined Passarella&Associates, Inc. 13620 Metropolis Avenue, Suite 200 Fort Myers,Florida 33912 (239) 274-0067 The preserve manager and developer are responsible for overseeing the implementation of the preserve management plan. 321 FRANCIS AND SEAN HUSSEY CASES TIMELINE/CHRONOLOGY Growth Management Plan Amendments; Court Activity Tab # Date Description 1 10/14/74 1979 Collier County Coastal Area Planning District Zoning Ordinance Section 37.2 Agricultural District Permitted Uses and Structures; earth mining in Agriculturally Zoned properties were conditional or provisional uses and expired within 10 years. la 1/5/82 Ordinance 82-2 — earth mining and extraction in Agriculturally Zoned properties were conditional or provisional uses. lb 10/30/91 Ordinance 91-102 - Section 2.2.2.2.2.5(a) and (b) permitted (Effective extraction or earth mining only as an accessory use to a Date 11/8/91) permitted use subject to the criteria in Section 2.2.2.2.2.5(a) and (b). Rock or earth mining required conditional use approval. Subsequent supplements specifically limited this conditional use to no more than 4,000 cubic yards. Section 2.2.2.2.2.5. of the LDC specifically stated: "the amount of excavated material removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require a conditional use approval for earth mining pursuant to the procedures and conditions set forth in Chapter 10." lc 11/14/97 The County adopted comprehensive plan amendments responding to its Evaluation and Appraisal Report ("EAR Amendments"). See binders ##41 and 42; Ordinance Nos. 97- 64; 97-65, 97-66, and 97-67. 2 12/26/97 The Department of Community Affairs ("DCA") published its Notice of Intent ("NOl") to find the EAR Amendments not in compliance (Ordinance Nos. 97-56, 97-59, 97-61, 97-63, 97-64, 97-66, 97-67) with the requirements of chapter 163, Fla. Stat., and Fla. Admin. Code Chapter 9J-5. The NOl was forwarded to the Division of Administrative Hearings ("DOAH") as is required by § 163.3184(10)(a), Fla. Stat. 3 1/14/98 DCA filed Petition outlining sixteen (16) separate bases for its NOI. Docket No. 971 ER-NOI-1101-(A)-(N). 4 3/4/98 & Collier County Audubon and Florida Wildlife Federation were 3/11/98 granted leave to intervene in support of DCA. See ALJ 2D11-1224/3298 1 Recommended Final Order; Tab # 13. 5 5/4/98 Collier County School Board was granted leave to intervene in Ask support of certain of the EAR Amendments. See ALJ Recommended Final Order; Tab # 13. 6 3/19/99 Judge Robert E. Meale entered his recommended order finding the EAR Amendments (Case No. 98-0324GM) not in compliance (Ordinances 97-56, 97-59, 97-61, 97-63, 97-64, 97- 66, and 97-67). The defects identified that relate specifically to the Rural Fringe and the amendments underlying the current Bert Harris claims were as follows: 1. The Amendments were too weak with respect to the protection of wildlife and wildlife habitat and did not effectively utilize the Natural Resource Protection Area ("NRPA") designation. 2. The Amendments did not include specific, measurable objectives relating to the protection of wildlife. 3. The Amendments violated state comprehensive plan provisions requiring the protection and conservation of natural resources. 7 6/22/99 The Governor and Cabinet, sitting as the Administration Commission, entered a final order AC-99-002 (DOAH Case No. 98-0324GM) adopting all of the findings of fact and conclusions of law in the Recommended Order. The final order ordered the County to rescind the EAR Amendments and to undertake the following steps in order to bring the County's comprehensive plan into compliance with the EAR: 1. Adopt certain remedial amendments immediately. 2. Conduct an assessment of the lands classified as Agricultural/Rural and a portion of the Big Cypress Area of Critical State Concern. Assessment to include: • the identification of measures to protect prime agricultural land and prevent the premature conversion of agricultural lands to other uses; • to direct incompatible uses away from wetlands and upland habitat; • to assess the growth potential in the rural area; and • development of creative land planning techniques to: better protect environmentally sensitive areas; maintain economic viability of agricultural and rural land uses; and promote cost-efficient delivery of public services. 3. Adopt interim amendments until Assessment is complete and amendments implementing the findings of the Assessment are adopted. Among required interim measures was the designation of certain 2D11-1224/3298 2 areas as NRPAs, which required the determination of at least temporary boundaries for such NRPAs. Specific development restrictions were mandated, with development within NRPAs restricted to one unit per lot or parcel in existence prior to June 22, 1999, and agricultural uses. Outside of NRPAs certain uses specifically prohibited. Limited earth mining not prohibited, but asphalt and concrete batch plants were. 4. Adopt amendments implementing the findings of the Assessment by June 22, 1999. If County rescinds the amendments by September 14, 1999, no sanctions shall be imposed for the determination of non- compliance. Commission retains jurisdiction to impose sanctions for County's failure to rescind or failure to adopt the remedial amendments. 8 11/23/99 The County adopted interim amendments that imposed the development restrictions required by the June Final Order and identified interim NRPA boundaries. Ordinance 99-82 North Belle Meade was not included within the boundaries of the Belle Meade NRPA, but was identified as a special study area. Despite being designated for special study, North Belle Meade was subjected to the restrictions applicable outside of NRPAs, rather than the stricter NRPA criteria. 9 1/4/00 DCA issued Notice interim amendments were in compliance. Ordinance Nos. 2000-26, 2000-26, and 2000-27. See binder No. 43. 10 1/20/00 Florida Wildlife Federation and Collier Audubon file Joint Petition challenging the finding of compliance, alleging: the amendments insufficiently protected natural resources, including wetlands and listed species; the interim amendments did not regulate agriculture as development. (DOAH Case No. 00-0540GM). See Tab # 13. 11 2/24/00 Eastern Collier Property Owners (consisting of large agricultural interests) granted leave to intervene in support of the amendments. (DOAH Case No. 00-0540GM). See Tab # 13. 12 3/8/00 Brown, as Trustee of East Naples Land Co., granted leave to intervene in support of the amendments. (DOAH Case No. 00- 0540GM). See Tab # 13. 13 12/4/00 The ALJ entered Recommended Order, (DOAH Case No. 00- 0540GM) finding the interim amendments (Ordinance No. 99- 82) to be in compliance. The ALJ refused to rule on whether the interim amendments complied with the Administration Commission's June 1999 Final Order, finding that issue to be outside the scope of an "in compliance" hearing brought under § 2D11-1224/3298 3 163.3184. 14 3/6/01 The DCA entered its Final Order in DOAH Case No. 00- ,w 0540GM, finding the interim amendments in compliance. Ordinance No. 99-82. 15 6/19/01 Florida Wildlife Federation and Collier Audubon appeal the final order in DOAH Case No. 00-0540GM. See Tab # 16. 16 4/1/02 Husseys enter into a lease and purchase option agreement with Florida Rock paying Husseys $30,000 to mine and receive royalties if earth mining permitted. 17 5/28/02 The 1st DCA affirms the final order in DOAH Case No. 00- 0540GM. 17A 6/19/02 The Hussey Property 922-Acre vacant tract — Appraisal Report (See Binder No. 46) 18 6/19/02 Following more than 50 publicly noticed meetings and hearings soliciting input into the assessment process, as well as direct- mail notification of Rural Fringe property owners, County adopts "final" GMP amendments (Ordinance 2002-32) implementing the findings of the Assessment. Among the provisions adopted were the following: • All lands in the Rural Fringe, other than Conservation lands, were designated as Receiving, Sending, or Neutral. Sending lands were those deemed to include natural resources, including wetlands and listed species habitat, targeted for preservation and conservation. Receiving lands were deemed most appropriate for development. Neutral lands were deemed as appropriate for semi-rural development. • A transfer of development rights system was established, whereby residential density could be transferred from Sending land to Receiving land and to certain Urban areas. Each 5 acres of Sending land (or each smaller parcel in existence before June 22, 1999) could generate 1 TDR unit. • Development in Sending Lands restricted. Earth mining prohibited. The limitations period for an exemption for commercial rock mining under Ordinance No. 2002-32 required a completed Conditional Use Application by June 19, 2002 in order to be considered an existing use. Ordinance No. 2002-32, limited exemptions as follows: "the requirements of this district, shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; projects for which a Conditional Use or Rezone Petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted prior to June 19, 2002." 2D11-1224/3298 4 19 7/25/02 FL Rock Terminates Agreement with Husseys for rock mining. 20 8/28/02 The DCA issues Notice Rural Fringe Amendments, Ordinance _No. 2002-32, in compliance. 21 9/17/02 Petition for Formal Administrative Hearing (DCA) challenging finding of GMP in compliance (Ordinance No. 2002-32)filed by the Husseys. DOAH Case No. 02-3795GM. Husseys identified the following issues: -Whether the Sending, Receiving, and Neutral land boundaries, particularly those in North Belle Meade, were based on appropriate data and analysis. •Whether the TDR program was based on appropriate data and analysis. _ •Whether the amendments constituted an unconstitutional taking. 22 9/18/02 Petition for Formal Administrative Hearing filed by the 15,000 Coalition, and Century Development. See Tab # 29. DOAH Case No. 02-3795GM. 23 10/3/02 Brown as Trustee, Fl Wildlife, and Collier Audubon intervened in support of the amendments. DOAH Case No. 02-3795GM. See Tab # 29. 10/30/02 Florida Rock demands $30,000 payment refund from Husseys as result of termination of lease option agreement and threatens legal action. 24 10/30/02 Faith &Vision intervened in support of the amendments. DOAH Case No. 02-3795GM. See Tab # 29. 25 11/12/02 Section 20 Investments intervened in support of the amendments. DOAH Case No. 02-3795GM. See Tab # 29. 26 11/18/02 Husseys enter into a lease option agreement with Winchester Lakes for royalties and receive $30,000.00 check from Winchester Lakes. 27 1/10/03 Century Development, the Husseys, et al. file class action complaint in Case No. 03-117-CA alleging, inter alia, interim amendments are unconstitutional taking. 28 2/24/03 County filed Motion to Dismiss complaint in Case No. 03-117. 3/12/03 Husseys declare interest in acquiring parcels in Section 29 properties owned by clients of C. Laurence Keesey/Young Varnado; willing to pay market rate or swap land. 4/15/03 HHH Ranch request County grant conditional use from agricultural to commercial excavation 29 4/29/03 The ALJ entered Recommended Order finding Ordinance No. 2002-32, (GMP), in compliance. All ruled taking issue was outside the scope of a challenge brought under § 163.3184. DOAH Case No. 02-3795GM. 30 4/30/03 Winchester Lakes receives official receipt for Conditional Use Petition for mining for HHH Ranch. 5/2/03 Francis and Mary 2D11-1224/3298 5 Hussey submitted Petition for Conditional Use for mining. (Parcel No. 7 0033048002 & Parcel No. 8 #00329760005 as listed in the Husseys' 6/23/09 amended complaint were not included in conditional use application). 31 5/30/03 Francis and Mary Hussey submitted a revised application for Conditional Use NO. CU AR-4093 for mining; Legal Properties: 00341960003; 00342040003; 00338240008; 00328560002; 00328640003; 0031320006; 00330480002 (Parcel No. 7 0033048002 & Parcel No. 8 #00329760005 as listed in the Husseys' 6/23/09 amended complaint were not included in conditional use application). 32 7/22/03 The DCA accepted Recommended Order and entered Final Order finding GMP in compliance. DOAH Case No. 02- 3796GM. Ordinance No. 2002-32. Earth mining was no longer allowed in the sending lands. 33 8/13/03 Husseys file Notice of Administrative Appeal of Department's 7/22/03 Final Order in DOAH Case No. 02-3796GM. In DCA Case No. 1D03-3543. 34 10/24/03 Francis and Mary Hussey 2nd resubmittal of application for Conditional Use for mining; 00341960003; 00342040003; 00338240008; 00328560002; 00328640003; 0031320006; 00330480002 (Parcel No. 7 0033048002 & Parcel No. 8 #00329760005 as listed in the Husseys' 6/23/09 amended complaint were not included in conditional use application). 11/6/03 County informs Francis and Mary Hussey, Jose Lombillo Tr., and Eduardo Pereiro Tr. property located in designated Sending Lands, limits on development; eligible to participate in County's TDR Program w/ explanation of program. 35 12/8/03 Husseys file Initial Brief with the DCA in Case No. 1D03-3543. 1/04 Francis & Mary Hussey, Lombillo Tr. And Pereiro Tr. Verify w/ Property Appraiser agricultural use of land indicating Richard Kirkland lessee; money received for leased land from pasture. 36 2/11/04 The County adopted Land Development Regulations implementing the GMP. Ordinance 2004-08. (See Binder 44). 2/27/04 County advises Francis & Mary Hussey property designated as sending lands, limit on development; may be eligible to participate in County's TDR program with minimum sale price of$25,000per TDR. 37 7/18/04 Bert Harris Claim filed by Husseys. 7/19/04 US Army Corps of Engineers notifies Francis & Mary Hussey re Hussey application to excavate lakes and construct access roads of site visit conducted by Corps revealing all onsite wetlands appeared jurisdictional; confirming Husseys request that = application be withdrawn. 2D11-1224/3298 6 8/9/04 County notifies Francis & Mary Hussey, Lombillo Tr. And Pereiro Tr. Property deemed sending lands with opportunity to receiving or neutral lands, clarifying deadline of 11/7/04. 38 9/8/04 The class action takings case [Case 03-117] dismissed for lack of prosecution. On the same day, the Husseys, Century Development, et al. "re-filed their class action complaint. [Case 04-4341]. 39 9/15/04 The 1st DCA affirms Final Order finding Ordinance 2002-32 (GMP) in compliance. 883 So. 2d 281, Per Curiam. 40 10/24/04 Husseys amend application for Conditional Use Permit. 1/05 Francis & Mary Hussey, Lombillo Tr. And Pereiro Tr. Verify w/ Property Appraiser agricultural use of land indicating Richard Kirkland lessee; money received for leased land from pasture. 2/15/05 Renewal of Agricultural Lease between Sean Hussey and Richard Kirkland for purpose of raising and grazing livestock, exclusive hunting rights, fence maintenance, operational permits. 4/5/05-4/8/05 County informs Don Lester insufficient info to warrant redesignating Hussey Property to neutral or receiving lands. 41 4/25/05 Letter to Davidson Eng. From Kay Deselem, Principal Planner stating: Husseys' LDC 10.08.00.k application of the conditional use will be considered closed for lack of activity. 42 5/9/05 Letter from John Vega's to County staff objecting to the County closing the pending 2003 application of Conditional Use. 5/18/05 County notifies Davidson Engineering conditional use petition for Husseys will remain open while GMP amendment is active; requesting status updates and revised docs prior to required neighborhood meeting. 1/06 Francis & Mary Hussey, Lombillo Tr. And Pereiro Tr. Verify w/ Property Appraiser agricultural use of land indicating Richard Kirkland lessee; money received for leased land from pasture. 43 3/20/06 Case No. 04-4341-CA dismissed for lack of prosecution. 6/1/06 Meeting held w CAO; FWF; Conservancy; Audubon; DCA re presentation by Vega of possible resolution to Husseys Bert Harris claims. 44 7/28/06 Husseys file Petition No. CP-2005-12 requesting amendments to GMP to allow earth mining. 1/07 Property Appraiser Agricultural Classification for Francis & Mary Hussey, Lombillo Tr. And Pereiro Tr. 45 6/26/07 BCC approved Item 10D North Belle Meade Mine Excavation Permit & Item 10E for Florida Rock. 46 7/25/07 BCC denies Husseys Petition CP-2005-12 to amend the GMP to allow them to mine their property. 46A 7/25/07 Hussey 922-Acre vacant tract Appraisal Report (See Binder 46). 2D11-1224/3298 7 47 8/7/07 Letter from Kay Deselem to Jeff Davidson, PE re: 03-AR-4093 withdrawing/closing Petition due to the BCC taking final action denying GMP Amendments. 48 7/24/08 Bert Harris Notice of Claim—by Husseys. 49 9/11/08 Francis Hussey, Jr., Mary Hussey, and Winchester Lakes file Bert Harris Complaint in Case No. 08-6933-CA against Collier County, The Honorable Charlie Crist and Florida DCA. 50 9/12/08 County files a Complaint Case No. 08-6988-CA for Declaratory Relief against Francis Hussey, Jr., Mary Hussey, and Winchester Lakes. 51 9/12/08 Hussey and County Cases No. 08-6988-CA and No. 6933-CA Consolidated 51A 9/18/08 Margaret Cooper submits The Hussey Property 922-Acre vacant tract — "Corrected" 6/19/02 & 7/24/07 Appraisal Report (See Binder No. 46). 10/2/08 County serves its Motion to Dismiss Francis Hussey Complaint. 10/7/08 Florida DCA serves its Motion to Dismiss Francis Hussey Complaint. 10/7/08 Plaintiffs Sean Hussey, Jose Lombillo Trustee, and Eduardo Pereiro serve Bert Harris Complaint on Defendant Collier County, listing the Honorable Charlie Crist and FL DCA as _additional defendants. 10/9/08 Governor Crist serves Motion to Dismiss Francis Hussey Complaint. 10/17/08 Florida Wildlife Federation [FWF] and Collier County Audubon Society [Audubon] file Motion to Intervene as Defendants-in- Intervention in Francis Hussey case. 10/24/08 County serves its Motion to Dismiss Sean Hussey Complaint. 11/20/08 Husseys file Motion to Consolidate and Transfer Cases 08-6988- CA (County Complaint) and 08-6933-CA (Francis Hussey, et al., Complaint) 1/22/09 Court grants Husseys' Motion to Consolidate [County and Francis Hussey] and Transfer Cases 08-5988 and 08-6933. 1/23/09 Florida DCA and Governor Charlie Crist serve their Motion to Dismiss Sean Hussey Complaint. 3/17/09 FWF and Audubon file Motion for Leave to Intervene in Sean Hussey case. 4/29/09 Hearing held on FWF and Audubon's Motion to Intervene in both Francis and Sean Hussey cases. 5/14/09 Court issues Order granting Florida Wildlife Federation and Collier County Audubon Society leave to intervene in both Francis and Sean Hussey cases, limiting involvement to monitoring and filing motions which seek only to protect the 2D11-1224/3298 8 interests of preserving the natural habitat of endangered or threatened species. 5/19/09 Hearing held on individual Defendants' Motions to Dismiss in Francis Hussey case. 6/8/09 Court issues Order denying County's Motion to Dismiss as to all Plaintiffs, but grants County's Motion to Dismiss as to Plaintiff Winchester Lakes; allows 20 days for Plaintiffs to amend complaint. 6/23/09 Plaintiffs Francis Hussey, Jr., Mary Hussey, and Winchester Lakes serve First Amended Complaint on Defendants Collier _County, The Honorable Charlie Crist, and the Florida DCA. 7/6/09 Collier County serves its Motion to Dismiss Francis Hussey First Amended Complaint. 7/8/09 Florida DCA serves its Motion to Dismiss Francis Hussey First Amended Complaint. 7/8/09 Governor Charlie Crist serves Motion to Dismiss Francis Hussey First Amended Complaint. 7/9/09 Florida Wildlife Federation and Collier County Audubon Society sends Notice of Intent to Sue Over Violations of Endangered Species Act to Francis Hussey, Mary Hussey, and Sean Hussey. 9/22/09 Plaintiffs Sean Hussey, Jose Lombillo Trustee, and Eduardo Pereiro file First Amended Complaint against Defendants Collier County, The Honorable Charlie Crist and the Florida DCA. 10/22/09 Collier County serves its Motion to Dismiss Sean Hussey First Amended Complaint. 2/1/10 Governor Charlie Crist and Florida DCA serve Motion to Dismiss Sean Hussey First Amended Complaint. 2/23/10 Hearing held in both Francis and Sean Hussey cases on all Defendants Motions to Dismiss First Amended Complaints. _ 3/29/10 Court issues Order granting all Defendants' Motions to Dismiss First Amended Complaints in both Francis and Sean Hussey cases, allows 25 days for Plaintiffs to amend Complaints. 4/22/10 Plaintiffs Francis Hussey, Mary Hussey and Winchester Lakes file Second Amended Complaint against Defendants Collier County, The Honorable Charlie Crist, and Florida DCA. 4/22/10 Plaintiffs Sean Hussey, Jose Lombillo Trustee, and Eduardo Pereiro file Second Amended Complaint against Defendants Collier County, The Honorable Charlie Crist and Florida DCA. 5/3/10 The Honorable Charlie Crist files its Motions to Dismiss Plaintiffs Second Amended Complaints in both Francis and Sean _Hussey cases. 5/3/10 Florida DCA files its Motions to Dismiss Plaintiffs Second Amended Complaints in both Francis and Sean Hussey cases. 2D11-1224/3298 9 5/14/10 Collier County files its Motions to Dismiss with Prejudice Plaintiffs Second Amended Complaints in both Francis and Sean Hussey cases. ' 1/25/11 Hearing held in both Francis and Sean Hussey cases on all Defendants Motions to Dismiss Second Amended Complaints. 2/15/11 Court issues Order granting both Collier County's Motions to Dismiss Francis and Sean Husseys' Second Amended Complaints with Prejudice. 2/17/11 Court issues Order granting both Charlie Crist and Florida DCA's Motions to Dismiss Francis and Sean Husseys' Second Amended Complaints with Prejudice. 3/8/11 Appellants Francis Hussey, Mary Hussey and Winchester Lakes file their Notice of Appeal of the Order granting Collier County's Motion to Dismiss with Prejudice to the 2nd DCA. 3/8/11 Appellants Sean Hussey, Jose Lombillo Trustee, and Eduardo Pereiro file their Notice of Appeal of the Order granting Collier County's Motion to Dismiss with Prejudice to the 2nd DCA. 3/17/11 Collier County files in Circuit Court its Motions to Assess Reasonable Attorneys' Fees and Costs Pursuant to Section 70.001(6)(a), Fla. Stat. in both Francis and Sean Hussey cases. 7/15/11 Husseys file w/ 2nd DCA Motions to Consolidate Francis and _Sean Hussey Appeal cases. 8/17/11 2nd DCA issues Order denying Husseys' Motions to Consolidate Francis and Sean Hussey Appeal cases. 9/12/11 Husseys file their Initial Briefs and Requests for Oral Argument in the 2nd DCA for both Francis and Sean Hussey Appeal cases. 9/30/11 thru Several Unopposed Motions and Orders granting Extensions of 7/26/12 Time for Appellees Collier County, FWF, and Audubon to serve Answer Briefs in both Francis and Sean Hussey Appeal cases. Appellees to serve Answers Brief or Status Report w/ 2nd DCA by October 23, 2012. (Prepared by CAO) Hussey CHRONOLOGY TIMELINE GMP Amendments AND court activity G:\CDES Planning Services\Comprehensive\David\Bert Harris claim-Hussey\Settlement for 9-25-12 BCC dw/9-24-12 2D11-1224/3298 10 9/20&27/12 Hussey Settlement Agreement—Analysis & Summary The proposed settlement agreement pertains to two sites (see attached maps): 1. 966 acres owned by various Hussey entities, all of which are designated Rural Fringe Mixed Use District (RFMUD) Sending Lands and North Belle Meade Overlay (NBMO), zoned A, Rural Agricultural, and located on the north side of I-75, about 3 miles east of Collier Blvd. (CR951), within Sections 29, 32 and 33, Township 49 South, Range 26 East; and, 2. 2,576 acres owned by SR 846 Land Trust, all of which are designated Rural Fringe Mixed Use District Receiving Lands, zoned A, Rural Agricultural, with a conditional use for earth mining, and located on the east side of Immokalee Road, about 2 miles north of Oil Well Road (CR858), within Sections 35 and 36, Township 47 South, Range 27 East, and Sections 1 and 2, Township 48 South, Range 27 East. (Husseys have an ownership interest in the SR846 Land Trust site.) Generally speaking,the settlement agreement proposes a swap in future land use designations between portions of the two sites—Hussey site decreases Sending Lands and gains new Receiving Lands while SR 846 Trust site decreases Receiving Lands and gains new Sending Lands. However, though the acreage shifts are almost equivalent,there are specific use allowances that go beyond merely shifting future land use designations, thus allowable uses, densities and intensities. Table 1 below shows the map designation changes proposed. Table 1: FLUM Designation Changes Sending Lands Receiving Lands Sending Lands "Special" Hussey site -966 +526 +440 SR 846 Land Trust site +945 -945 --- Total -21 -419 +440 General Summary Hussey Receiving Lands (526 acres) would allow all RFMUD Receiving Lands uses, standards, etc. (except a Rural Village is not allowed) but would allow 3 uses by right that are presently required to obtain conditional use (CU) approval - excavation, asphalt and concrete batch-making plants, recycling facility for concrete and construction debris. (Certain Receiving Lands in the NBMO are presently allowed to excavate by right as well as develop an asphalt plant by right, as is being requested here; however, the agreement proposes one additional use by right.) Prior to development of these 3 uses, all other local (and state and federal) permits would still be required. For example, an excavation would still require a commercial excavation permit. An excavation permit requires BCC approval but only a simple majority vote vs. super majority vote requirement for a CU; and, the excavation permit review process is more technical in nature than the CU, which is a land use approval. The agreement also requires all Collier County development applications be expedited, and that the County not oppose any related applications for state or federal permits. 1 9/20&27/12 Hussey Sending"Special" lands (440 acres) would allow all RFMUD Sending Lands uses, standards, etc. and allows 115 acres of excavation -by right, and essential services allowed in the "A" zoning district, but prohibits residential uses, forfeits TDRs from the excavation area, exempts the non-excavation areas (325 acres) from the 25 year prohibition on TDR severance and change of land use following clearing without restoration, and extends the early entry TDR bonus by 3 years for this site. All Hussey Lands The agreement includes the following considerations for Collier County: donation of 180' for right-of-way along the southern border (above I-75); donation of road rights-of-way for other roads in the MPO's 2035 Long Range Transportation Plan (LRTP)within or adjacent to Hussey property; use of excavated ponds/lakes for storm water treatment and storage; lease for two potable water well sites; donation of fill for roads within or abutting Hussey property that are in the MPO's 2035 LRTP; provision of fill at base cost for certain roads as may be required to be used as haul roads for the excavation operation; and, sell rock and fill to the County at a discounted price. The agreement also requires all Collier County development applications be expedited. SR 846 Trust Sending Lands (945 acres) would allow RFMUD Sending Lands uses, standards, etc. but extinguishes excavation rights on 202 acres, provides that the CU does not need to be amended to reflect that change, requires all existing native vegetation to be preserved or, if cleared, restored at 1:1 ratio, any restoration will include wetlands suitable for wood stork foraging, and extends the early entry TDR bonus by 3 years for this site. A native vegetation restoration and management plan is included and, in the event that environmental restoration and maintenance TDR bonuses are sought, the plan would serve as the plan required for that TDR bonus. SR 846 Trust Receiving Lands (1,631 acres) would allow: RFMUD Receiving Lands uses, standards, etc., including existing excavation; Rural Village on all 1,631 acres (exceeds GMP cap of 1,500 acres) with no greenbelt requirement; an RPUD (residential planned unit development) on all 1,631 acres at up to 3 DU/A using TDR credits but with minimum density of 1 DU/A; an MPUD (mixed use PUD) on all 1,631 acres at up to 3 DU/A using TDR credits but with minimum density of 1 DU/A, office and retail commercial uses, hotel/motel use at 26 units per acre, and ALF/CCRC use at 0.60 FAR. An MPUD could contain 163.1 acres of commercial development (compare commercial acreage to: Lely Resort— 133 acres, Pelican Bay—99 acres, Pine Air Lakes— 104 acres); no other mixed use (residential & commercial) PUD in Collier County contains this much commercial acreage. The requirements for native vegetation preservation and a greenbelt are eliminated. Also, provides that, should Collier County amend its regulations to allow the transfer of Rural Lands Stewardship Area(RLSA) Overlay stewardship credits into the RFMUD, this site may utilize that allowance. To develop this site with a Rural Village or RPUD or MPUD would first require a rezoning of the land via the process established in the Collier County Land Development Code. The agreement does not entitle such development, rather establishes the intensity parameters and certain allowances. Compatibility, public facility impacts, etc. would be considered as usual. 2 9/20&27/12 All SR 846 Trust Lands The agreement includes the following considerations for Collier County: donation of road rights-of-way for roads in the MPO's 2035 LRTP adjacent to SR 846 Trust property; and,provision of related storm water treatment and storage. The attached Table 2 provides a numerical comparison of key provisions of the proposed settlement agreement(dwelling units, commercial acres, preserve acres, TDR credits, etc.) The agreement requires the growth management plan(GMP)—and land development code (LDC), as applicable—to be amended (perfunctory measures) to incorporate the provisions in the agreement. This will allow all interested persons viewing the GMP and LDC to readily see what the regulations are that pertain to these properties, the same as for any other property. The County would initiate these amendments. There may be a difference in materials to be excavated at the Hussey site and SR 846 Trust site. Regardless, having excavation sites dispersed could have a positive impact upon roadways given that some truck trip lengths would be lessened between the quarry sites and the end users (development sites and road construction sites). To date, there have been 4,909 TDR credits severed out of a maximum potential of about 20,000 TDR credits. This agreement would result in a potential increase of 436.4 TDR credits (+2.2%). Regarding the increase in commercial acres and increase in potential TDR credits, there is a fairness concern. Approval of the proposed settlement agreement does not provide the opportunity for public Input as would occur via the growth management plan amendment process, however public hearings will be required as part of the rezone process. Owners of commercial property near the SR 846 Trust site may be negatively impacted by the increase in potential commercial but would be afforded the opportunity to participate during the rezone public hearing process. Owners of Sending Lands throughout the RFMUD may be negatively impacted by the increase in potential TDR credits. Typically,there is no public hearing process involved to utilize TDR credits (unless part of a Rural Village, or the RPUD or MPUD proposed for the SR 846 Trust site). Ultimately, the decision to approve or disapprove the proposed settlement agreement is a policy decision for the BCC. Besides the various land use and environmental considerations—including public facility impacts, there is the consideration of settling a Bert Harris claim asserting damages in the tens of millions of dollars. The agreement does include provisions requiring much of the increased development intensity to go through a public hearing and vetting process prior to any development taking place. Though earth mining would be allowed without conditional use approval on the Hussey property, a commercial excavation pelinit, which requires Board approval and includes public notice, would still be required. 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IC ry k 24D AVE NE • TEAK WOOD DR 1ST AVE NW (STAVE NW • PLAZA G.DEN GATE BL W ESTATES!HOPbIA3 GE/4 TER GOLDEN GATE BLVD E IM BI PLAZA NNFFJJff II MKAHAI YARDS 'STAVE SW 15T AVE SW ML50N BOlYCEVAP DCiTEP ]ND AVE SE IIHOGANY RIDGE DR ¢Z ZZ Z 2 MD AVE SW m 3RD AVE SW g N a s H 6 N m q u3i w w m H w w 1 METTO WOODS DR y I. F m m? w t‘tt rA A H H 1- 1. 0 4TH AVE SE■II 5TH AVE SW ¢ 5TH AVE SW O € ie y y y ,_ u y € F .n = m 6TH AIESE co i 7TH AVE SW O 77TH AVE SW 2 6 SYCAMORE DR n IC 2 2 �i ry . . 2 Hm k ir" N N Q n R 8TH AI SE g PINE RIDGE RD WHITE BLVD el F E - C PRA IPAIIII y 10TH AVE SE IP BROOKS L1SE CPUG • gi 2 . y w y y LR i} I TALLOWOOD WAY 1- 5 uFyi > ti .______.r.._ 12TH AVE$E 13TH AVE SW 13Th AVE SW I I WARREN BROTHERS R I 14Th AVE SE r 157HAVESW '�I 15TH AVE SW N N b O 2 1 I GREEN BLVD BUNGA LATER 161H AVE SW _'', 3`. 16TH AVE SE :In, O..:w w� .:TIRE ARMS APTS. --� ... 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BECKS D LAKE BLVD 25 - 40TH AVE SE ��►���f1^1{�I IP7 ��ENTEA-S 1F- p.� OS BLACI03URNRD `I - f TOLL q T' -RK 42ND AVE SE `1I�`, TPO- ECE *1411 illy� WI�I ES 4LE'-N OF NAPE O 48TH AVE SE RTH AVE SE AMO�� _ rTEAVESE 50TH AVE SE,, _ .,,i �1 ) m NEWMAN DR S2ND AVE SE SIL.rt _ -,ABC- I 54TH AVE SE 51 AVE SE RMINA R.- -YE MP D SAN MARINO I I 56TH AVE SE- 56 AVE SE nn N E6 NATl OOL ) TAKE RD 1 �I ESTATES DR I y �,•I .'+8TH AVE SE 58 AVE SE -S��rF8�18��i�I 7 60TH AVE SE 60 AVE SE ii�II1711W31�4Sf,'EA �� .62ND AVE SE 62NID AVE SE E� ••MIA D.s REHAB. w 64TH AVE SE 64Th AVE SE .SIA MIA 66TH AVE SE 86-1 AVE SE 1 RN CENTER 66TH AVE SE 68TH AVE SE rip.,,,,,,d:5G1 �G COMP 1�'i.t.�EN ,-I•LLEGEPA�rS� 7k I rTH AVE SE 70TH AVE SE NTP.Y CLUE O R-T_J LAl IA GCAL CENTER II ND AVE SE 7 AVE SE z %."-.01:: Z L I 4TH AVE SE )4TH AVE SE ' S1F m� O I HACIENDA LAKES I )6TH AVE SE 76Th AVE SE 1 SABAL PALM RD EWER W✓D y m1BAty\ � ]BTH AVE SE 78TH AVE SE T\ B f r' �. § W qMr` T 0 _O 80TH AVE SE BOT SE • R ^ yGC-` .$ ? 5 L _¢82ND AVE SE 82ND AVE SE ' / r�?� _y��! 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SR 846 TRUST d H AVE NE 67TH AVE NE 62ND A1VE�NE 62ND AVE NE 110TH AVE NE E 60TH AVE NE m_ 68TH AVE NE 58Th AVE NE FO Q 56TH AVE NE 2 3 Co O 54TH AVE NE co 54TH AVE NE 4 cr m 52ND AVE NE a 4; . . 1 50TH AVE NE 3 2 v a a 47TH AVE NE I 48T14 AVE NE 17714 AVE NE a 47TH AVE NE 45TH AVE NE 2 [7, Li LT, . r,, r r 1 SHADY HOLLOW BLVD W SH •Y HOLLOW SL-•E € ,. r .• r R 1 45TH AVE NE 4581 AVE NE 43RD AVE NE 41STtAVE NW 41ST AVE NE • 4ISTAI NE 38TH AVE NW 39TH AVE NE m,I Q/ _•Pa r SLOSSO RANCH �TM'1�NE �m 37TH AVE NW p 37TH AVE NE .. rrTTTF(€�E -- N 35THAVENW i 35TM AVE NE I -, ••-,All EBLOS60A- 37TH AVE NE 73 I FAIRKIONT•LN 35TH AVE NE m �2 33RD AVE NW h 33RD AVE NE b a OIL WELL RD GB••G. m■my ;•F�� _R¢ANC NG"IY7M L315TAVE NE U- H 31ST AVE NE HERB E AY< 14 f � �11p Z r,-( OP 29TH AVE NE 29TH AVE NE 2� a A a Ep TREE —BLSCAYNE o Ks m = n aR 27TH�VE NE 27TH AVE NE BA ILN O IQ, 4 ~ ~ A NE MMOKAl RD - - 4R.,....• RANDALL BLVD_ y NO NAME LN 24TH AVE NW 24;TH AVE NE 24TH AVE NE ITN AW NE 24TH6VE NE 24TH AVE NE Z =_ m 22ND VE NW-i0 AVE NE 22ND AVE NE 22ND AVE NE 22ND 4W NE 22ND AVE NE 7---------7-4--.4" A CYPRESS DR 20TH AVE NW -20 AVE NE 20TH AVE NE 26TH AVE NE 20TH AVE NE 20TH AVE NE y O p y 18TH AVE NW T AVE NE 18TH IVE NE JUNG BLVDE 18TH AV�NE _ Wa_ KERI 1i5 H 4TH AV£NW 1II$H AVE NE 14THIAVE NE 3 14TH AVE NE 14TH AVE NE NTH AVE NE O -- 12TH6W NW 12101 AVE NE 12TH LW NE 2 12TH AVE NE 12TH AVE NE 12TH AVE NE —_r1 10TH AVE NW 10TH AVE NE 10TH AVE NE 10TH AVE NE 10TH AVE NE —y _ . .. �2+ . 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Liiiiktit;...'1:-.-4,j::.'e.''•i 4 0"..4...'4'.....,..,.:. ., . :..' .L ','...7 ,....r: ' ' , , ,.'{. .. . _.-: ., ..'■t 1 il'. V ■■.. '- , ,. .■■,, .-:. ,. ,...`.... •L . . ., 7 . .... _ ... ---.4.- r-NOttipgR.,./9 .:', 77"'",.Z.,:it ' "- -,--' • -' ',-- •-•--,."- -' - ...s,r,...v.:,•,...•-/-.,:vs.,".....,..•- -- , N NOTES, LEGEND ■A' ';‘,l',5----- E AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY PROPOSED RECEIVING LANDS, I APPRAISER'S OFFICE WITH A FLIGHT DATE OF DECEMBER 2010 S PROPERTY BOUNDARY ESTIMATED FROM THE COLLIER COUNTY PROPERTY APPRAISERS GIS WEBSITE. I EXHIBIT A 0 1,000 2,000 Feet I- tn (I) °' U) 19 to 20 21 • KEANE AVE U O GUEVARA AVE O Z r 30 28 IVISA AVE MARKLEY AVE EVERLY AVE ° 31 33 WASHBURN AVE IZ _._..........._._ ..... BLACKBURN RD 6 5 4 • • • LEGEND HUSSEY BOUNDARY SENDING \� "SPECIAL" 0 400 800 1,600 Feet RECEIVING Vl COLLIER COUNTY GNONTN MANAGEMENT MASON PING PLANNING ANDNEGUUTION-IX0 0DMAPPING FILE:HUSSEY-DESIGNATIONS.MXD 92012 M .e , l ,r $ 11,!..„ ' p.° , R A .. 1 r R, PROJECT �� ,( �i's )._l" r,. , �' CATION .. - ,off*" . . `a \ . • 835 Ac. �---`- _ �.�r i 0 � .• � »; 0 -^$'"' 'r c i ^= F t .. .om *t. rr`_. .g P.' .,:, rah►,. _ 1,. r.....44air_______. , , '.....1":>4-''.'4 '.'", _ t tN.: ,- f` 1 +fie )t L .1. . a " •. . a K l- `.4.... 4,, a,,,;.... aT I . $ r � .- i -s sn. 4 �• r� C t� 'i" V.�rJ"_ Ala• r', b .r:`'''''17k,:a.cy,,: "".•.1'' ,,`.•.. 4t 1.1 .:0 t k 4'r Y „Rr ` '''''.4„. , *A 'r 4 y k , N .,.....4 - ow' LEGEND S.R.846 LAND TRUST PROPOSED SENDING LANDS BOUNDARY(945.00 AC.t) WETLAND AND OSW PROPOSED PRESERVE(195.)6 AC,t) NOTES: OTHER WETLAND AND OSW(10 80 40.0) ` AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY N APPRAISER'S OFFICE WITH A FLIGHT DATE OF DECEMBER 2010. `NN W W 1� E s 'O''''' S.R.846 LAND TRUST 1 0 600 1,200 1,800 2,400 EXHIBIT Feet AERIAL WITH WETLAND OVERLAY L'd J adze Yf /E. - k w ;�i- .g`- 34 Y <//ao 8/g/ /3/0 Cv 1 n N k __i w 7 x C ^r.21 L. t; � I � 1 L., 1 1ik ;2 i�'.., f t. { e '4' -`.rte! F� .. ;V 4... Al ^. 3``,,,..1� "S - v 11 pot I ,r-r--' '8,"- ' b - — a 1 a. gZ -"'"& , jq r, vFi z I 4 t i J I .:E q � , F y -, ` 3 Q Q r'..-..: � 4 ''ms's ' y - # 2 z co z ` � \14,......_\ <.; t '� k ' . ".r {it -i z r 22-r t - I i i V II '�I J v ! n t v F £ �'� Ik ,,-;Val 0. 1, J y / �,j t�., r / / Fi f r 1 .y 2 t , a LL z a_ a •'NO W/•Y BURNHAM RD —.1 Z Z Z Z 47TXAVE'NE—47TH AVE NE , MINI SHADY HOLLOW BLVDW ° € F € x p 13TX AVE NE 146TH AVE NE �• ,• H/G 41ST VE NW - F ° p 93RD AVE NE ■ Dq 35TH AVE NW 39TH AV NE - ''STATE NE .p.xo N7 37TH AVE NW Z— 9BTH1VENE O .y 35TH AVE NW.._ FAI 37TH gIVE NE l • p QUARRY DR 23RDAVE NW._ .: L OIL IVE NE �� . OIL WELL RD j� •Q(�T]] o`.-- ., • ■I g i AoVERMp1:n IN 31ST AVE NE • \YlgI �,• 11'EA 2R' FH N y� �' P t"N 28TH AVE NE 29TH AVE NE ii'n� kINE'1 L •S+N�R<• o 6 Ha .71 25T A E 27TH qVE NE 22TH AVE NE '� �� •-"� 7{ a P ++L1MEESTON TRL r °fir '� � e RANDALL BLVD Hl 175 AB• Md.,1(S: eKAL u _ ` w 2 ��I AVE NE 24TH AVE NE w NTH AVE NE 2417 AVE NE 6-. 1i4 I4` TgMIEN OAKS L. wry ANA WAY Qp CF�x 22ND AVE NW 22NDAVE NE 1 22ND4VE NE 22ND AVE E A 1-"V /'t-dl elc1 LAKE99R 2O p ^aa' O 20TH AVE NW NTH IVE NE 8 20TH AVE NE Z o d O A F 18TH AVE NW JUN�LVD'E-Jtl'GBCVOE 18TH AVIE NE {{ •CI �j Opy ■ -18TH AVE'NW�—' 18TH VE NE O g EN ,1 J UPOLO LN _� �6_ S.-• LN 14TH AVE NW 14TH NE 147TH AVE NE 14TH AVE NE vy m .I ROAKB LN =mil WOLF-,RD y 12TH AVE NW 12THZVE NE 12IHAVE NE i 12TH AVE NE S l?^•'m, HOLISM OAKS 5�1 '^p,'1 .RBILT'B_,.-H RD 10TH AVE NW 10TH AVE NE 10[H AVE NE ° lUTX AVE NE 10TH NE ��� T 1J��A C 22 1 w STH AVE NE• 78TH AVE NE rx\e! , 5TH AVEN '� Y i w w w i r Z H 7811 AVE NE O 6TH AVE NE P.-•: `i ° ~ F E p . . . H i p RH AVE NE 4THAVENE DANIELS RD I 00 9RDAVEN w € T ^ N• i € ° k U g q g, a F F 9 m R � 2ND AVE NE 2NDAVENE ie8 19TAVEN •V .5w 2 FFi .2 e'I�Ca •. . •..G_ .\ m n F 6 '•.• 13§5 'STAVE S 1 "'r f • RD AVEB (111 ,E GOLDEN OM % g a a g WY, DI g gi V q y ONUS SE 2NDAVESE ` TTLEBRUSH 5 `\ s RAVES O y � H 4TH SVE SE 4TH AVE SE ` � I . ° ° i E € , F k ,- G N 2 F t' ° F F 8TEIF ESE 6TH AVE SE _. LMN•TON WOOD.LN•+ '4- 7TXAVE3 .yf 6 6 PINE-ID -RD C6 - .,. - . ° - 9TH,:ESE 78TH AVE SE `�7.II 11TH AVES ''THANE SW ,.,R, f F" GI• AVE I 10TH,:E SE 10TH AVE yI SE DOGWOOD MP 19TH AVES AOE"6T 12..AVE SE 12TH AVE SE ■,5� I CEWK20D • - ▪ _° _ • T y �V .L,AVE SE 14Th AVE SE 15TH AVE SW y N 0 88x GREEN'BLVD F 107 •YES ? O �1 1 ,: ` I. "AVE SE 18TH AVE SE • R ECMLR" c _ 7TH AVE SW V G r.,,,,.7,7.7_T—m I=0� •II 8TH AVE SW 1-1 AVE SE O x '�'1%l, i,�I''1-TA O '''AVE SE >. _ �1 `` I/� � C ��AVE 3E a 11• II��r��I�I; 3RD AVE SW .� a: �'.. '1^9L TH AVE SW ,EA 2' +AVE SE O 4 SENTO RD O '1'AVE SE 1-iNE� a �`���, 1 ,9TH AVE 3W g 2:-LAVE 9E 28TH SE $ N eR asl �/ rtJ17 +'STAVE SW << 30 •AVE SE 90TH AV AVE I SE.r III +�+ L]yr 32;•AVE SE 32ND AVE SE -2 GATE BLVD MARK YAVE • .�.. +CTCT �- x 34 AVE SE 34TH AVE SE ' o� `G1 _tT-�, � y 38.AVE SE 36TH AVE SP ■ ST'NI <y L.-it I _ 35 2AVE SE 36TH AVE SE 'I LI-.'-O - ,-•• ITE LAKE BL c 40'-AVE SE 40TH AVE SE =� ...,di "'16^� - ..L.c... °_ KBURN RD f •� 000T000l ((�� 71111 '_� 175 42 DAVESE r R• I 'UU�y F'• xy �W■ (� tr. 49TH AVE SE 46TH AVE 9E 48TH AVE 9E • HMI 6 N II• ■ ®�� ,TH~AVE SE SOTI AVESETH AVE SE ° _ - "^' +VIS BLVD . l� m 52ND SE :.RSON BLVD 8 �'' • : Pak .1 p ° SETH AVE SE 54TH AVE BE 54TH AVE3 LL ' 55TH AVE SE Sr AVE SE _ ;,1 i C•PE r BRAKE RD .TH AVE SE 58TH AVE SE 59TH__ CREWS-I' UUU BOTH AVE BE AVE SE BOTH Al E • CLUB ESTAT OR 82ND AVE SE 62ND AVE SE C� WAIT' RRD 82ND AVE SE i S I R4THAVEBE S4THAVESE BITHAVE8E _ 7' �� .1-- °�[LY E- 88TH AVE 9E 88TH AVE SE BBTN AVE 8E �• SETH AVE,I.3 68TH AVE SE 8 I. II 7 [ =1R�LTSNAKE AMMV KRD •W �� �' ^• IPA D 7 I 70TH AVE BE 70TH AVE SE 70TH AVE SE 35 AVE-SE-' C m _ 721 DAVE 8E S 72NOAVE 8E I-©4'I� YSe `+•2y0 I IlI 74TH AVE SE 74TII AVE SE 9 _ OR • 4P I M 7_7813 /E A SE 76Th AVE SE 3I> 01%iF•.• 178 m P SABAL PALIIII^^^^RD t +1.:\+14' • �-` g'\� I 78TH AVE SE 78TH AVE 8E rd+ _ ' ��I • 90TH AVE SE BOTH AVE SE _ • .T1� : ^ •+ \\\ _{L a P 62 DAVE SE 82NDAVE SE Qf//.' 1 F _ BIIIHAVE SE _ ,0 7 t w'I' _a 86TH AVE SE ''0,9,,, q'? '%l/ '� , _G 86TH AVE 9E L Y3 /9 • 80TH AVE SE - j OOR J• 92ND AVE SE PRI-C E-ST - 4943, 94/11 AVE SE 94TH AVE SE GRIFFIN-• 943, _ 96TH AVE SE 88Th AVE SE 86TH AVE SE I BETH AVE BE SE O 1�_9 PA,y510B.R eB-H AVE SE 98;1 AVE SE 89TH AVE H L •WER R• iI U STEW ART BLVD 7--It-MA A ;O 102ND AVE SE 102ND AVE SE 1p2ND AVE SE _ •l -1•` J (;F C9 SI 104TH AVE SE — 1, AVE SE 11104TH AVE SE - [�-i^",� ) J� O- •fi g"" 106TH AVE 8E�u 108TH AVE SE 1106TH AVE 8E 81L'Ar`S•'I I i`IC- 10R71H AVE SE y 108TH AVE SE 106TH AVE SE I-L. �1'I J o 110rIH AVE SE €'110TH AVE SE 11 AVE BE n CH• PI•N,._-` ,, •` > ,�\O DR '- •Ly' - y. I IZ 112TH AVE SE�� 112711 AVE SE 112TH AVE SE �" �. �Cf N 3 m *' 1111;N AVE SE 114134 AVE 9E 1147-I AVE BE L _ee ,,pp tyy7 $� 118TH AVE SE 116TH AVE SE 1q6 hi, _ III •�\RUNAWAV+ d y xl I 1113TH AVE SE 118TH AVE SE 9 '..' rq 3 120 AVE 8E 120111 AVE SE O 'NTH AVE BE 5 i�( 122 DAVE SE 1220AVE SE CO 124THA AWE SIE F PO 124TH AVE SE CO 124TH AVE SE <OMPSO 126'H AVE SE 128TH AVE 9E INBP<OA 2 /r LYNCH BLVD / 1 TOTH AVE 8E 2035 HIGHWAY NEEDS PLAN LEGEND C2LANES " 4 LANES 6 LANES WEIINIMMEIMII PROPOSED . I 0 2,550 5,100 10,200 Feet STUDY I I I I I I L I I CORRIDOR L■xr•e COLLIER COUNTY GROWTH MANAGEMENT DIVISION PLANNING AND REGULATION-GISICAD MAPPING FILE:HUSSEY-2035 NEEDS.MXD 8/2012 7 PEPPER RD TRAFFORD OAKS RD I (F'------NN7:'— C HONEYBEE DR ANGELA RD TSANCTUARY RD 3 PURPLE MARTIN DR * 3 3 jj LIMPKIN RID Tj — 6 1J S72ND IVE NE 'ND AVE NE RABBIT'I0`RD PANTERALN 70TH AVE NE w 70TH AVEN PLATT RD AVE r�i 85TH A NE WIL.SlIRIEY DR 66711 ArE NE g SR 846 TRUST KITH IN NE 64TH AVE NE 41NDIVE NE 32ND AVE NE r c etTHAIE NE LOTH AVE NE J_ 58TH AVE NE 313TH AVE NE O' 56TH AVE NE 't7' 54TH AVE NE NTH AVE NE '3-'1., 4NDAVE NE I w I 550TH AVE NE O ti, 3 Q 47TH AVE NE `48TH AVE NE w a m� WI_i � y _ 2 47TH NE 47TH AVE NE 45TH AVE NE x T F F F F y 45TH AVE NE 45781 AVE NE 1 SHADY HOLLOW BLVD W SHADY HOLLOW BL E € ,, , „ i O I p \ 41S11AVE NW 418TAVE NE 43RD AVE NE 41ST ENE 38TH AVE NW 39TH AVE E 39TH AVE NE ■ N! 37TH AVE NW 2 37TH AVE NE 06 �,W p S ]7TH AVE NE \ 2 J . 35TH AVE NW : 35TH AVE NE p Oar' d ? l.._ FA!'0 TLN 35TH AVE NE D 33RD AVE NW A 33R D AVE NE C 6 6 A.., !B•4E,DI 33RD,AV&NE OIL WELL RD 3 ,' • /1�\'4 VE�MQINi� 5 LA' w • I, , T'27H ]1STAVE NE ]ISTAVE NE G % �i i5 m <6.H\A2v P o p Q, = F E E, �o F GO.L,E,` /`{1/.{Tom$ 28TH AVE NE 29TH AVE NE —BI AYN�SAYLN 8 41 a � ( I 'O 27TH AVE NE 27TH AVE NE 25,HA' NE �_/ i P, ., RANDALL BLVD NM* ..RE RD ; 24TH AVE NW 20TH AVE NE 24TH VE NE 024TH AVE NE 24TH AVE NE _ 24TH AVE NE la a C NO NAME LN 22ND AVE NW 22 DAVE NE 22ND AVE NE 22ND AVE NE 22ND LE NE 22ND AVE NE —� N—o CYP�3S OR I =— bb 20TH AVE NW Z�TFI AVE NE 20TH VE NE 2gTH AVE NE 20TH AVE NE 20TH AVE NE 18TH AVE NW i AVE NE 16TH^VE NE 16TH AVE NE NE > KEN ISLAND F53----- 16TH AVE NW 1TH AVE NE 18TH ALIVE NE JI NO BLVDE 18TH LE NE NTH AVE NE!aR S 14TH AVE NW 14IpH AVE NE 14TN'AVE NE I 14TH AVE NE 14TH iVE NE 14TH AVE NE 3 12TH AVE NW 12-H AVE NE 12TH AVE NE F 12TH AVE NE 12TH AVE NE 12TH AVE NE 0 10TH AVE NW ee1 z 10TH AVE NE 10TH AVE NE 10TH/HVE NE 10TH AVE NE m BTH AITE NE 8TH AVE NE Z 6 F 6 i i S, w w i I ,_ 6TH All NE 6TH AVE NE _ 6 b F tj w N 0 0 16 16 41 O 4TH ATE NE 4TH AVE NE R R R ry € '" < R 2ND E NE 2ND AVE NE GCLDEN GATE BLVD W GOLDEN GATE BLVD Z ZZ Z 2ND VE SE 2ND AVE SE E g F w 14 0 '85 F N b ! H 5i m 5 5 m : y w 4TH AyE SE 4TH AVE 3E i N R n .- F 7 ,, . k n 14 m_1 4 7 t Z - - € 7- R 6TH AIyE BE eTN AVE BE Qp R 5TH AI SE NH AVE SE i I 7E1' 1 I I ! I FRIW IPAI.I AVE 10TH AVE SE 10TH AVE SE C II 2035 HIGHWAY NEEDS PLAN " LEGEND 4 LANES MiliMMMMM 0 1A50 A700 7,400 Feet 1 1 1 1 1 1 1 1 1 COLLIER COUNTY GROWTH MANAGEMENT DIVISION PLANNING AND REGULATION-GIS`CAD MAPPING FILE:SR 840 TRUST-PUSS.MXO 92012