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CCPC Agenda 11/01/2012 GMPCCPC SPECIAL MEETING AGENDA NOVEMBER 1 , 2012 AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 9:00 A.M., THURSDAY, NOVEMBER 1, 2012, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES -September 20,201Y and September 28, 2012 "Special AUIRICIE" meeting 6. BCC REPORT- RECAPS 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS 9. ADVERTISED PUBLIC HEARINGS NOTE: This item has been continued by the CCPC from the September 20, 2012 meeting: A. PL20110000769 /CPSS- 2011 -2: A Petition requesting a Small Scale Amendment to the Golden Gate Area Master Plan and the Golden Gate Area Master Plan Future Land Use Map and Map Series by amending the "Golden Gate Estates Commercial Infill Subdistrict ", to add a 2.8 f acre parcel of land; add Senior Housing, including Independent Living Units, Assisted Living Facilities, Congregate Care Facilities, Continuing Care Retirement Communities, Skilled Nursing Facilities and similar uses, not to exceed a maximum F.A.R. of 0.45; retain medical office use, not to exceed a maximum of 5,000 square feet; revise setback and buffering standards; remove requirement for an outdoor patio; and revise the Subdistrict name to "Golden Gate Estates Commercial and Institutional Infill Subdistrict ". The subject property is located in the northwest quadrant of Golden Gate Parkway and Santa Barbara Boulevard, in Section 29, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Michele Mosca, AICP, Principal Planner] B. PL20120000371 /CP- 2012 -1: A petition requesting an amendment to the Future Land Use Map (FLUM), to change the FLUM designation from Urban -Mixed Use District/Urban Residential Subdistrict to Conservation Designation for the County -owned Gordon River Greenway Park property located in Sections 27 and 34, Township 49 South, Range 25 East, consisting of 123.60+ acres. [Coordinator: Michele Mosca, AICP, Principal Planner] C. PL20120001213CP/2012 -3: a petition requesting amendments to the Future Land Use Element (FLUE), to change the Bayshore /Gateway Triangle Redevelopment Overlay by expanding the area subject to the density bonus for mixed use development, adding allowance for residential -only development to qualify for the density bonus, adding an explanation of the density bonus calculation, and deleting the development standards — all without increasing the total density allowed within the Overlay; and, to add cross references to other FLUE provisions. [Coordinator: David Weeks, AICP, GMP Manager] D. PDI- PL20120001345: Grace Romanian Baptist Church of Naples CFPUD, a Resolution of the Collier County Planning Commission approving an insubstantial change to the Master Plan in Ordinance Number 11 -18, The Grace Romanian Baptist Church of Naples CFPUD, to move the location of the required on -site native vegetation from the north to the south and move water management areas. The property is located at the corner of Learning Lane and Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 12f acres. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] 10. OLD BUSINESS NOTE: This item was continued at the Planning Commission hearing on September 6, 2012 to the October 4, 2012 hearing date. On the October 4, 2012 agenda, this item was continued to the November 1, 2012 Planning Commission hearing date. This item has been further continued to the December 6, 2012 Planning Commission hearing date. A. LDC Amendments 2012 Cycle 1 [Coordinator: Caroline Cilek, Senior Planner] 11. NEW BUSINESS A. To have the Collier County Planning Commission (CCPC) accept a schedule to review past staff clarifications of the Land Development Code and to forward a recommendation to accept the selected Staff Clarifications to the Board of County Commissioners (BCC). [Coordinator: Ray Bellows, Zoning Manager] B. Consideration of proposed Settlement Agreement regarding Case No.: 08- 6933 -CA, Hussey et al vs. Collier County et al. The Agreement is applicable to •966 acres located north of I -75, 3 miles east of Collier Blvd. (CR 951) in Sections 29, 32 and 33, T49S, R27E; and, 2,576 acres located on the east side of Immokalee Road (CR 846), 2 miles north of Oil Well Road (CR 85'8) in Sections 35 & 36, T47S, R27E, and Sections 1 & 2, T48S, R27E. [Coordinator: David Weeks, AICP, GMP Manager] 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN CCPC Agenda/Ray Bellows /jmp COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENTS 2012 CYCLE (TRANSMITTAL HEARING) 1 1 2E E 1 R 26 E ., -N 27 E �... A 2B E_.j A ZD E A 20 E] R 21 E N 22 E I. -._ A" E j j 24 E _ N � w n _ Collier CountU Florida q CP -2912 n O H A H 0 O Petitions: CP- 2012 -1; and CP- 2012 -2 CCPC: November 019 2012 BCC: January 08, 2013 y M w w w w w TABLE OF CONTENTS CCPC — 2012 Cycle GMP Transmittal Amendments November 01. 2012 - CCPC Agenda 1) TAB: Transmittal Staff Reports 2) TAB: Resolutions 3) TAB: Legal Advertisements 4) TAB: Petition CP- 2012 -1 5) TAB: Petition CP- 2012 -3 DOCUMENTS: CP- 2012 -1; and CP- 2012 -2 CCPC Transmittal Staff Reports DOCUMENTS: Transmittal Resolutions with Exhibit "A" text (and maps) as follows: CP- 2012 -1 (FLUM); and CP- 2012 -2 (FLUE /FLUM) DOCUMENT: CCPC Advertisement DOCUMENT: Gordon River Green Park Petition DOCUMENT: Bayshore /Gateway Triangle Redevelopment Overlay Petition Agenda Item 9B. CO Y <Z T' %4YI.t;Y STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: November 1, 2012 RIE: PETITIION NO. PL20120000371 /CP- 2012 -1: GORDON RIVER GREENWAY PARK GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] (Coordinator: Michele Mosca, AICP, Principal Planner) AGENT /APPLICANT /OWNER: Agent: Q. Grady Minor and Associates 3800 Via Del Ray 15000 Livingston Road Naples, Fl. 34110 Applicant: Barry Williams, Director Collier County Parks and Recreation Department 15000 Livingston Road Naples, Fl. 34110 Owner: Collier County 3299 Tamiami Trail East, Ste. 303 Naples, Fl. 34112 I. GEOGRAPHIC LOCATION: The subject 123.6± acre property is located on the east side of Goodlette -Frank Road (CR -851) and south of Golden Gate Parkway (CR =886), in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida. (Refer to location map on page 2.) Agenda Item 9B. Source: Collier County Property Appraiser and Collier County Parks and Recreation Department II. REQUESTED ACTION: The applicant is requesting to amend the Future Land Use Map designation on the subject property from "Urban" (Urban Mixed Use District, Urban Residential Subdistrict) to "Conservation Designation." III. PURPOSE/DESCRIPTION OF PROJECT: The County entered into a Declaration of Restrictive Covenants with the State of Florida, under the Florida Communities Trust Act, to finance the land for the proposed Gordon River Greenway Park (subject site). As a condition of this Covenant, the County is required to re- designate the subject site to "open space, conservation or outdoor recreation use." The County Parks and Recreation Department is requesting that the site be re- designated from Urban to Conservation in order to comply with the State's requirement. (This site was rezoned to P, Public Use, zoning district on July 26, 2011 via Ordinance No. 2011 -25, which limits the site to public park use.) IV. SURROUNDING LAND USE, ZONING, AND FUTURE LAND USE DESIGNATION: Existing Conditions: The subject site is zoned Public Use (P) for a public park — The Gordon River Greenway Park, and includes a Special Treatment Overlay on the property. This site 0) Agenda Item 9B. is designated Urban (Urban Mixed Use District, Residential Subdistrict) and is within the Coastal High Hazard Area. The Gordon River Greenway Park is intended to be developed as a passive park with water quality systems and passive recreation amenities. Surrounding Land Uses and Zoning: North: Across Golden Gate Parkway, Freedom Park located within the City of Naples, a passive park and water quality treatment park on the south side of Golden Gate Parkway, Caribbean Gardens Zoo, and single - family residential development, which have a zoning classification of Rural Agriculture (A), Rural Agriculture (A) with a ST (Special Treatment) Overlay, Residential Multi - Family — 6 dwelling units per acre (RMF -6), and Commercial Intermediate (C -3). East: Golf course, single - family, multi - family development, undeveloped land and an airport, which have a zoning classification of Rural Agriculture (A), Rural Agriculture (A) with a ST Overlay, Planned Unit Development (PUD, River Reach), and City of Naples Zoning District PD (Bears Paw). South: Vacant undeveloped land, the Conservancy of Southwest Florida, and office buildings which have a zoning designation of Commercial Intermediate (C -3), Conservation (CON), CON with a ST Overlay, and City of Naples Zoning District PD. West: Gordon River, vacant undeveloped land, offices, single - family, the Conservancy of Southwest Florida and the Carribean Gardens Zoo, which have a zoning designation of Rural Agriculture (A), Rural Agriculture with a ST Overlay, Conservation (CON), CON with ST Overlay, Residential Single - family (RSF -4), RSF -4 with a ST Overlay, Residential Multi - family (RMF -6 and RMF -16) and City of Naples Zoning District PD and C4. V. STAFF ANALYSIS: 1) Request Reviewed within the Context of the Collier County Growth Management Plan This proposed change to the existing Future Land Use Map designation of "Urban" (Urban Mixed Use District, Urban Residential Subdistrict) to "Conservation Designation" is consistent with, and in furtherance of, the Growth Management Plan, particularly Goal 1 of the Conservation and Coastal Management Element which reads: "GOAL 1: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF ITS NATURAL RESOURCES." Relevant to the subject site, the following excerpts from the Future Land Use Element describe the purpose and intent of the existing and proposed Future Land Use Designations: Kl Agenda Item 9B. Existing FLUM Designation "Urban (Mixed Use District, Residential Subdistrict): The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code." Proposed FLUM Designation "Conservation Designation: The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, and recreational and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values." *********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** "The following uses are authorized in this Designation." "e. Habitat presentation and conservation uses; f. Passive Parks, and other passive recreational uses;" 2) Environmental Impacts There are no negative impacts resulting from the approval of this Future Land Use Map amendment. 3) Historical and Archaeological Impacts The Florida Department of State is of the opinion that the project site does not appear eligible for listing on the National Register of Historic Places. 4) Traffic Capacity/Traffic Circulation Analysis and Impacts There are no traffic impacts resulting from the approval of this Future Land Use Map amendment. 5) Public Facilities Impacts There are no public facilities impacts resulting from the approval of this Future Land Use Map amendment. VI. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The NIM was held on August 23, 2012 at 5:30 p.m., after the applicant/agent duly noticed and advertised the meeting, as required by the Collier County Land Development Code. rd Agenda Item 9B. Two members from the public attended the NIM, held at Freedom Park, located at 1515 Golden Gate Parkway. • The following is a synopsis of the meeting: D. Wayne Arnold, agent for the applicant, opened the meeting at 5:40 p.m. Another representative for the project in attendance was Barry Williams from Collier County Parks and Recreation. Michele Mosca representing Collier County Comprehensive Planning also attended. Mr. Arnold began the information meeting by introducing and explaining the project and the Comprehensive Plan Amendment Petition request. Mr. Arnold displayed an aerial exhibit and conceptual site plan for reference. Mr. Arnold concluded his presentation and asked for comments or questions from the meeting attendees. Questions asked were regarding the location of trails, type of lighting on the trails, park hours and gates installed to limit access to the park and bridges after hours. Barry Williams addressed the attendee's questions. Mr. Arnold offered to provide color versions of the Parks Site Plan to anyone that wanted a copy and said that if anyone had further questions to call his office or to contact Ms. Mosca. • The meeting was adjourned at approximately 6:00 p.m. VII. FINDINGS AND CONLUSIONS: • The 123.6+ acre subject site is owned by Collier County and was acquired and planned for preservation, a passive public park, passive recreational services, and conservation uses. • The change to the Future Land Use Map from "Urban" to "Conservation Designation" is consistent with the Collier County Growth Management Plan and, in particular, Goal 1 of the Conservation and Coastal Management Element of the Growth Management Plan. • This Future Land Use Map re- designation is a condition of the State grant. • The amendment will not negatively impact public infrastructure. VIII. LEGAL CONSIDERATIONS: This staff report has been reviewed and approved by the Office of the Collier County Attorney. — HFAC IX. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP- 2012 -1 to the Board of County Commissioners with a recommendation to transmit to the Florida Department of Economic Opportunity — contingent upon a rezone, ordinance clarification or correction to Ordinance 2011 -25 to clarify that the site is limited to "passive" park and passive recreational services, consistent with the Conservation Designation of the Future Land Use Element. 5 Prepared Date: CP, Principal Planner Comprehensi Planning Section Reviewed by: Date: David Weeks, AICP Growth Management Plan Manager Comprehensive Planning Section Agenda Item 9B. 10.11-iz I `o Reviewed by: — `` <' ?� Date: y _ ( Z - Z Michael Bosi, AICP Interim Director Planning and Zoning Department Approved by�- 7 Date: S Z Nick Casalanguida, Admiiiist for Growth Management Division PETITION NO. CP- 2012 -01 Staff Report for the November 1, 2012, CCPC Meeting. NOTE: This petition has been scheduled for the January 8, 2013 BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: MELISSA G. KEENE, VICE CHAIRMAN on CP- 2012 -3 B /GTRO Co1�lC�ie,- Co-ri->hl.ty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION Agenda Item 9.C. FROM: GROWTH MANAGEMENT DIVISION, PLANNING & ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: November 1, 2012 RE: PETITION PL20120001213/CP- 2012 -3, BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT OVERLAY GROWTH MANAGEMENT PLAN AMENDMENT [TRANSMITTAL HEARING] (Coordinator: David Weeks, AICP, GMP Manager) APPLICANT Ms. Jean Jourdan, Interim Executive Director Bayshore /Gateway Triangle CRA 4069 Bayshore Drive Naples, FL 34112 GEOGRAPHIC LOCATION: This amendment is to the Bayshore /Gateway Triangle Redevelopment Overlay (B /GTRO), which is located along the following road corridors: Bayshore Drive, Davis Blvd. (SR 84), US 41 (Tamiami Trail) East, Airport - Pulling Road (CR 31). The B /GTRO is depicted on the Bayshore /Gateway Triangle Redevelopment Overlay Map (attached), part of the Future Land Use Map Series, and comprises approximately 1,160 acres; it is located within the East Naples Planning Community. REQUESTED ACTION: This petition seeks to amend the existing Bayshore /Gateway Triangle Redevelopment Overlay, and related provisions, within the Future Land Use Element of the Collier County Growth Management Plan by: 1. Amending Policy 5.1, the Density Rating System, and the Mixed Use Activity Center Subdistrict to reference the Bayshore /Gateway Triangle Redevelopment Overlay; 2. Amending the B /GTRO text to: a. Expand the area to which the density bonus pool is applicable for mixed use projects (but retain the cap at 12 DU /A); b. Establish a new provision allowing residential -only projects of a minimum size to utilize the density bonus pool, allow this provision to apply to the same areas as mixed use CP- 2012 -3 B /GTRO Agenda Item 9.C. projects and within the Mixed Use Activity Center, limit to 8 DU /A, and require PUD zoning; c. Remove the development standards and replace with reference to the LDC which contains these same standards. The proposed changes to the B/GTRO, and related FLUE provisions, are as follows: (Words underlined are added, words stFuGk though are deleted.) Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial -zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bayshore /Gateway Triangle Redevelopment Overlay. b. For such industrially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. C. For such residentially -zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district, except as provided for in the the Bayshore /Gateway Triangle Redevelopment Overlay. d. Any property deemed consistent may be combined and developed with other abutting property provided the density and intensity of development derived from the property deemed consistent is not increased. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. * ** * ** * ** text break * ** * ** * ** B. DENSITY RATING SYSTEM: 1. The Density Rating System is applied in the following manner: e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the "vested" Port of the Islands development. 3) The Buckley Mixed Use Subdistrict. 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach/Collier Boulevard Commercial Subdistrict. 6) Livingston/Radio Road Commercial Infill Subdistrict. CP- 2012 -3 B /GTRO Agenda Item 9.C. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The B@yshore/Gatew4y Triangle Redevelopment Overlay * ** * ** * ** text break * ** * ** * ** 1. Mixed Use Activity Center Subdistrict * ** * ** * ** text break * ** * ** * ** For residential -only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per grow acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allowed by the density rating system and the Bashore/Gatewqy Triangle Redevelopment OverlaY. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential -only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. Mixed -use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre, except as allowed by the Bayshore /Gatewa Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from a mixed use project is distributed outside the Activity Center boundary: * ** * ** * ** text break * ** * ** * ** F. Bayshore /Gateway Triangle Redevelopment Overlay The Bayshore /Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore /Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore /Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One or- more Two zoning overlays have been will be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: CP- 2012 -3 B /GTRO Agenda Item 9.C. Mixed -Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C -1 through C -3 zoning district uses; hotel/motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed -use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. Non - residential /non - commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water- dependent and water - related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. 4. Properties with access to US -41 East and/or Bayshore Drive and/or Davis Boulevard (SR 84) and/or Airport-Pulling Road are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed -use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore /Gateway Triangle Redevelopment Overlay Map. The "mini triangle" project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06 -08), and amended December 14, 2006 (Ordinance No. 06 -63), and as may be amended. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, exeept as may be limited by ^ f,,,,,,o zening er-lay. 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport- Pulling Road or US 41 East are allowed to develop as a residential -only project at a maximum density of 8 residential units per acre. In order to be eligible for this higher density the development must comply with the following: a. Project must be in the form of a PUD. b. Project site must comprise a minimum of three acres. c. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Densily Rating System and applicable FLUE Policies. 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraph 5, above. In either instance, the development standards of the CP- 2012 -3 B /GTRO Agenda Item 9.C. Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code whichever is applicable shall apply to all new development. 7. Existing zoning districts for some properties within the Bayshore /Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. To qualify for 12 dwelling units per acre, as provided for in paragraphs #4 and 95 above, mixed use projects within the Bayshore /Gateway Triangle Redevelopment Overlay must comply with the f llewipO sign standards of the Bayshore Drive Mixed Use Overlay District or Gatewa y Triangle Mixed Use Overlav District in the Collier County Land Development Code whichever is applicablej. b. Buildings eentaining eab, residential uses are limited to a maximufn height of three ster-ies exeep sueh buildings afe allowed a maximum height ef four stefies if said fesidenlial buildings are e. Buildings eentaining mixed use (r-esidefAial uses ever- eommer-eial uses) are lifnited to maximum height of four- stories. d. u„ +el. /riAtak�ai11 be limited + a maximum height feuf + e. For- mixed tise buildings, e .,1 uses are ...., ittea . the fffst - -- stories only. fl. Eaeh building eentaini — . a! uses only is limited to a RiwEimum buildifig feotpr-int e 20,000 s efet gfess g. (hie ef m . — -flays may be adeptedwhieh may inelude fner-e fes4r-ietive standards than listed in Pafagfaphs-a-Fr. 9. For density bonuses provided for in paragraphs #4 and #5 above base density shall be as ep r the underlying zoning district. The maximum density of 12 or 8 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum densily being sought The difference in units per acre determines the bonus density allocation requested for the project 9-10. For all properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. However, for properties within the Coastal High Hazard Area (CHHA), only the affordable - workforce housing density bonus, as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. 4•0-. 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs #4 and #5 above, for that portion of the Overlay lying within the CHHA only. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The "mini triangle" catalyst project is not subject to this density bonus pool. 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore /Gateway Triangle Redevelopment Overlay Map, shall be limited to non- residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and/or recreational open space uses. CP- 2012 -3 B /GTRO Agenda Item 9.C. PROJECT DESCRIPTION This petition proposes to modify the B /GTRO, and related FLUE provisions, in effort to promote more development/redevelopment within this area. ZONING AND FUTURE LAND USE DESIGNATION: The B /GTRO contains an array of commercial and residential zoning districts and is divided between two zoning overlays, Bayshore Mixed Use District (BMUD) and Gateway Triangle Mixed Use District (GTMUD). Besides the B /GTRO itself, the Future Land Use designations are: Urban Mixed Use District/Urban Coastal Fringe Subdistrict (lying south of US 41 East) and Urban Residential Subdistrict; Urban Commercial District/Mixed Use Activity Center Subdistrict ( #16 — see attached map); and, all but that portion lying east of Airport- Pulling Road and north of US 41 East lies within the Coastal High Hazard Area. (The new CHHA proposed as part of the EAR -based GMP amendments, scheduled for adoption in early 2013, would encompass some of those properties east of Airport- Pulling Road.) STAFF ANALYSIS: Section A of the petition provides some history of the B /GTRO. In short, the Community Redevelopment Agency (CRA) was established in 2000, a redevelopment plan was approved by the BCC for the area in 2000, and the B /GTRO was adopted into the GMP later that same year. The purpose of the B /GTRO was (and is) to encourage the revitalization of this area and provide incentives to the private sector to do so. The Overlay provides for a bonus density pool of 388 dwelling units, derived from the then residential zoning of the site of the Botanical Gardens, which may be awarded to mixed use projects as an incentive. Utilization of this bonus density pool results in a reallocation of those 388 dwelling units rather than an increase of density as typically occurs thru the rezone process under the Density Rating System in the FLUE. Two zoning overlays have been established in the Collier County Land Development Code (LDC) to implement the B /GTRO (BMUD, Bayshore Drive Mixed Use Overlay District, Section 2.03.071.3. & 4.; and, GTMUD, Gateway Triangle Mixed Use Overlay District, Section 2.03.07N.3. & 4). The bonus units may be awarded by the BCC via approval of a Mixed Use Project (MUP) petition — until all 388 bonus density pool units are awarded. The proposed amendment does not change the B /GTRO boundaries, and does not change the bonus density pool unit total — it remains at 388 units. The amendment does expand the area within the existing B /GTRO boundaries that is eligible to use the bonus density pool for mixed use projects, with the same cap at 12 DU /A, and introduces a new allowance for residential -only projects to use the bonus density pool, with a cap of 8 DU /A. The internally expanded area is to the north side of Davis Blvd., the east side of Airport- Pulling Road, and into the Mixed Use Activity Center #16 centered around the intersection of US 41 East and Airport- Pulling Road. The LDC contains the same development standards as are found in the B /GTRO and proposed for deletion (Sec. 4.02.16 & 4.02.35). Having these standards in the LDC only allows for a site - specific request for deviation or variance, which can be evaluated on a case by case basis. There are no such deviation or variance provisions to GMP requirements and limitations (except as specifically provided for in state law or Rule, e.g. Area of Critical State Concern). Exhibit B within Section B of the petition is a map showing the two zoning overlays, underlying zoning districts, and the Activity Center boundary. Viewing this map reveals there is a significant amount of commercial zoning within the B /GTRO. Also, viewing the parcel lines reveals there are few large parcels — other than pre- existing PUDs — available for CP- 2012 -3 B /GTRO Agenda Item 9.C. redevelopment; aggregation of properties will be necessary for most moderate to large size projects to develop. Exhibit D within Section B of the petition consists of various communications supportive of the proposal to internally expand areas eligible for mixed use development and to allow use of bonus density pool units for residential -only development. Environmental Impacts: This is not a site - specific amendment, rather affects an entire Overlay. Further, the amendment does not allow development beyond that which is already allowed, rather provides for an additional means of distributing the already approved density pool of bonus units. Historical and Archeological Impacts: This is not a site - specific amendment, rather affects an entire Overlay. Further, the amendment does not allow development beyond that which is already allowed, rather provides for an additional means of distributing the already approved density pool of bonus units. Traffic Capacity/Traffic Circulation Analysis and Impacts: A traffic impact analysis has not been prepared. Staff did not require this as the amendment does not increase the overall allowable development density or intensity, rather allows for a reallocation of development within the Overlay. Public Facilities Impacts: Because the amendment does not increase the overall allowable development density or intensity, rather allows for a reallocation of it within the Overlay, there should be no increased impacts upon level of service standards for public facilities - water, wastewater, solid waste, drainage, parks and recreation, schools, libraries, EMS, police, fire, etc. FINDING AND CONCLUSIONS: • As a result of this amendment, there are no significant impacts to public facilities, as defined in the Capital Improvement Element with respect to arterial and collector roads, storm water drainage, portable water, sanitary sewer, solid waste, community and regional parks. • No increased impacts to natural resources are expected as a result of this amendment. • This amendment does not alter the boundaries of the B /GTRO nor change the number of bonus density pool units available for reallocation within the B /GTRO. • The expansion of areas eligible to use the bonus density pool units, as well as the allowance for residential -only projects to use the bonus density pool units, may provide a viable incentive to spark development/redevelopment interest within the B /GTRO. LEGAL CONSIDERATIONS: This Staff Report has been reviewed and approved by the County Attorney's office. - HFAC STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CP- 2012 -3 to the Board of County Commissioners with a recommendation to approve for transmittal to the Florida Department of Economic Opportunity. CP- 2012 -3 B /GTRO PREPARED BY: DAVID WEEKS, AICP, GMP MANAGER COMPREHENSIVE PLANNING SECTION PLANNING & ZONING DEPARTMENT REVIEWED BY: MIKE BOSI, AICP, MANAGER COMPREHENSIVE PLANNING SECTION and INTERIM DIRECTOR, PLANNING & ZONING DEPARTMENT APP D BY: NICK CASALAN DA— il , TI TOR GROWTH MANAGEMEI�ff DIVISION Petition No: PL20120001213/CP- 2012 -3 Staff Report for the November 1, 2012 CCPC Meeting Agenda Item 9.C. DATE: /; /G, / Z DATE: 1b' /0- I Z DATE: 16 - 1 Note: This petition has been scheduled for the January 8, 2013, BCC Meeting. COLLIER COUNTY PLANNING COMMISSION: MELISSA AHERN, VICE CHAIRMAN CCPC Staff Report Transmittal CP- 2012 -3 BGTRO G:\CDES Planning Services \Comprehensive \COMP PLANNING GMP DATA \Comp Plan Amendments\2012 Cycle Petltions\CP- 2012 -3 BGTRO changes dw/10 -9 -12 8 n AMENDI PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTON COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: 2/2006 FILE: RAYCATE- OVERLAY- 1C.DWG BA Y�HORE / GA TEINA Y TRIANGLE REDEVELOPMENT 0VERLA Y .L k t soon l I_ I � s MF -6- MUD -R1 C4-GT UD MXD ,I �Triff, ri rzerl i a 11111E. - - iC>r.arq+�� 1113 IV NO NUN MINOR .. 04- GTMUD- MXD RO RMF -18 GC 'qt• °x g€ RMF -6GH °y y6 a F � a°a u d ; PUD RMF -6 O GC D°MDE PUD 4 PONIIA DAND A. GALLMAN ESTATE C -1/T- C -3- tea', GTMUD- TM�- MXD X r-GTM - •� o i ir RMF -6 0 � iTMUD- MXD g mom � PUD O - COIUER COUNTY �� GOVERNMENT CENTER � CU y uD- . Y $ M r.us . am 0 • RMF -16 V . M C -3 ■ GC mqw C-5 C -3 RPUD ACTIVITY CENTER #16 TAMIAMI TRAIL IUS. 411 - AIRPORT - PULLING ROAD IC. R. 911 -R- sw°ry. - li AMENDED - SEPTEMBER 9, 2003 (Ord. No. 2003 -43) AMENDED - SEPTEMBER 13, 2011 (Ord. No. 2011 -26) LEGEND ACTIMTY CENTER BOUNDARY RSF -3 EXISTING ZONING / \ DEVELOPED LAND USE (� I v EXISTING BUILDINGS AND STRUCTURES/ ®TT. PREPARE' - CIS /CAD MAPPING S-04 DR.- MANAGEMENT DIMSON / PUNNING AND REGULATION DIF: ACI6- 2010DNC DATE: 9/2011 RESOLUTION NO. 13- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND ELEMENT FUTURE LAND USE MAP AND MAP SERIES TO CHANGE THE DESIGNATION OF THE GORDON RIVER GREENWAY PARK TO THE CONSERVATION DESIGNATION, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Collier County has initiated an amendment to the Future Land Use Map and Map Series to change the designation of the Gordon River Greenway to the conservation designation; and WHEREAS, on , the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, on , the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184, F.S.; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and Words underlined are additions; Words r*i- ek thfough are deletions * * * * * * * * * * * * are a break in text WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3), F.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote this day of January, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA lr.-", , Deputy Clerk Approved as to form and legal sufficiency: L Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit "A" PL20120000371 /CP- 2012 -1 CP \12 -CMP- 00863 \3 FRED W. COYLE, Chairman Words underlined are additions; Words stf:uek thfeugh are deletions * * * * * * * * * * * * are a break in text EX' - -IT "A" R 25 L R 26 E R 27 E R 28 E R 29 E R E R 31 E R 32 E 2006 — 2016 HI:NDRY COUNTY FUTURE LAND USE MAP Tn Collier County Florida R m DETAILS OF THE RLSA OVERLAY AREA ARE SHOWN ON THE FUTURE LAND USE MAP TITLED: f" "COLLIER COUNTY RURAL 6 AGRICULTURAL IMMO ALES AREA ASSESSMENT STEWARDSHIP OVERLAY MAP" 4, 3 roRiscaEil __ - -. 33 CREW i NRPA 1.:1 -. CCJNv Y F N w cmLe.RCUL mTRar M S .- m -T T ❑ URBAx RE-TAL - STRICT I■ %CM-ry CMTER WODISMICT ® RMk MO.-A, .-CT � PAtaR OITERCHANCE -TY CENTER w SMICT ESTATES DESIGNATION 0 URISNI MASTAL FMRM SURDlsrwcr DER AL RIDM w- PARK -STRICT ❑CONSERVATION DESIGNATION RESEARCH AND TEMNaOCY PARC SUBUSTRICT OVERLAYS AND 0 URBAN RESDUInk MIM -TmcT UM-N RNAD / EATM cr I.WE SPECIAL FEATURES MAA BULNESS PARN SIBwS1RICr MEAdk wOaSiRICi RUDNEMMIBMHIODD NIIACE CENIER SUBwOIfiCT ❑ C M ROAD wOwsRl NNCSi _ MERdAL -D USE wB0lsTixci 0 REVDE2lnk Ym usE xd 0RHDDD (R-T . ORANGE �� Ylxm usE w9asmlcr � TO ROAD / EERAN'S MRk CWMERdA k wFU wwsrRcr rR MRM ONDARY AREA a amck STATE caxcux Dvuur / BW .-T MLAL /BU BCYN-AL AIR 1 x.. AREA OY 11 1. M¢� uSY S wSTRCi tECNxa%ICT PNbt WMSMCi CMMEERU�L SUMSTRICTMT diOSSR0AD5 NAONRk RESWRCE ❑ PR IECnM MEA (NRPA) M4RLAY RESEMCH AND euc%1cr N. USE -.-CT CLAM A ME /cATEwAr m REDETELOPMENT 0%2:uY xac CDYNERak W%ED USE -TRCT ROT TM ROAD / I D ❑ AYRKYETYMLAIIRIAL YUIFD YtE mTRKT Runk LANDS STEMAROBHIP AREA OVER - BAY Rk CMMFAak wBaBTNN:i vw.♦Bxwosm calBaRNDDD . MIME. RBAN Runk ® URBAN RU ALE ONERL.IT m� NORTH xT i c NEAM OVERLAY I� F -ER ..0w0mIC COMMUR1 mWTMAL mTRN:T Y%O of mliCT WRRCHANCE ca 1 r>o M R RECEIVMC LWDS t m RE.- MID IECHx PARK wBaOTXR:T ® SExpIHG LANDS (c 09 1 9 OBNCNRESLANO -ES IE C-R CWNTY MMTH MurACF1YHT N FLORIDA PANTHER W) N NORTH NATIONAL WILDLIFE (4) RFrtR R nlE DdOEN G2 NiEA YARrtR AREA Al- BELLE .W- MEADE REFUGE MR NRPA c1n OF C NA O g RA xYY ............... _ ..., -.11 EAL I- EAD ff NRPA _ Yti SOU GOLDEN \ � AT P'FS \ SUBJECT \\ SITE RMI FAKAHATCHEE STRAND ESe^T Al CP- 2012 -01 STATE s PRESERVE a O cA:am :swo p1L.., \\ r z 1 VV COLLIER - \ SEMINOL I _ -_ - - L_�♦ STATE CJ P/1RK wAr.....1 N R�1 TunTr rHY C, Axo Ey OF w MARCO r ISLAND q \� _ c' • q a Q CAPE ROMANO - THOUSA AQUATIC PRESER 6�N m tr D SCALE ~ 4 NAT] PREPARED BT: as /GAO MARPIHC SECnM DINAM / PLNIRMC AND REHEAR. LTJ6 IROMTN NANADEMDIT OAR 9/2011 FRE FLUE - 2010 -IAMG O F R 25 E R 26 E R 27 E R 28 E R 29 E R 30 E PETI— ,N CP- 2012 -01 R 33 E R 34--E URBAN DESIGNATION cmLe.RCUL mTRar ❑ RURAL SE-ENT - -TRICT .- m -T T ❑ URBAx RE-TAL - STRICT I■ %CM-ry CMTER WODISMICT ® RMk MO.-A, .-CT O RESDEx nAL -N.- BARDS OITERCHANCE -TY CENTER w SMICT ESTATES DESIGNATION 0 URISNI MASTAL FMRM SURDlsrwcr DER AL RIDM w- PARK -STRICT ❑CONSERVATION DESIGNATION RESEARCH AND TEMNaOCY PARC SUBUSTRICT OVERLAYS AND 0 URBAN RESDUInk MIM -TmcT UM-N RNAD / EATM cr I.WE SPECIAL FEATURES MAA BULNESS PARN SIBwS1RICr MEAdk wOaSiRICi RUDNEMMIBMHIODD NIIACE CENIER SUBwOIfiCT ❑ C M ROAD wOwsRl NNCSi _ MERdAL -D USE wB0lsTixci ❑ IN-ORATED AREAS " G)ASik HIM HA2AR0 AREA REVDE2lnk Ym usE xd 0RHDDD (R-T . ORANGE �� Ylxm usE w9asmlcr � TO ROAD / EERAN'S MRk CWMERdA k wFU wwsrRcr rR MRM ONDARY AREA a amck STATE caxcux Dvuur / BW .-T MLAL /BU BCYN-AL AIR 1 x.. AREA OY 11 1. M¢� uSY S wSTRCi tECNxa%ICT PNbt WMSMCi CMMEERU�L SUMSTRICTMT diOSSR0AD5 NAONRk RESWRCE ❑ PR IECnM MEA (NRPA) M4RLAY RESEMCH AND euc%1cr N. USE -.-CT AGRICULTURAL / RURAL DESIGNATION A ME /cATEwAr m REDETELOPMENT 0%2:uY xac CDYNERak W%ED USE -TRCT ROT TM ROAD / I D ❑ AYRKYETYMLAIIRIAL YUIFD YtE mTRKT Runk LANDS STEMAROBHIP AREA OVER - ■ UW k ACN OARSndci Lc°FHeR aao ca1MERak w9wsTRICT Rk CMMFAak wBaBTNN:i vw.♦Bxwosm calBaRNDDD . MIME. RBAN Runk ® URBAN RU ALE ONERL.IT m� NORTH xT i c NEAM OVERLAY I� F -ER ..0w0mIC COMMUR1 mWTMAL mTRN:T Y%O of mliCT WRRCHANCE w9NES5 PARK wBaSTRICT RECEIVMC LWDS RE.- MID IECHx PARK wBaOTXR:T ® SExpIHG LANDS xon ® nEUmk urns 0) mTME E OOALA OBNCNRESLANO -ES IE C-R CWNTY MMTH MurACF1YHT N PLAx. W) N 1E CUR (4) RFrtR R nlE DdOEN G2 NiEA YARrtR AREA Al- HENDRY COUNTY BIG CYPRESS NATIONAL PRESERVE MONROE COUNTY R 31 E I R 32 E R 33 E R 34 E o' a US A N 1IN 1 m 1 m H O N rr H co RESOLUTION NO. 13- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89 -05, AS AMENDED, SPECIFICALLY AMENDING THE FUTURE LAND ELEMENT RELATING TO THE BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND DENSITY BONUSES, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. WHEREAS, Collier County, pursuant to Section 163.3161, et. sea., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act of 1985, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, Collier County Community Redevelopment Agency staff has initiated an amendment to the Future Land Use Map and Map Series to change the density bonuses allowed in the Bayshore /Gateway Triangle Redevelopment Overlay; and WHEREAS, on , the Collier County Planning Commission considered the proposed amendment to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, F.S., and has recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, on the Board of County Commissioners at a public hearing approved the transmittal of the proposed amendment to the state land planning agency in accordance with Section 163.3184, F.S.; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendment, various State agencies and the Department of Economic Opportunity (DEO) have thirty (30) days to review the proposed amendment and DEO must transmit, in writing, to Collier County its comments within said thirty (30) days pursuant to Section 163.3184, F.S.; and WHEREAS, Collier County, upon receipt of the written comments from DEO must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendment within one hundred and eighty (180) days of such receipt pursuant to Section 163.3184, F.S.; and Words underlined are additions; Words stmek rough are deletions * * * * * * * * * ** * are a break in text WHEREAS, the DEO, within five (5) days of receipt of Collier County's adopted Growth Management Plan Amendment, must notify the County of any deficiencies of the Plan Amendment pursuant to Section 163.3184(3), F.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendment, attached hereto as Exhibit "A" and incorporated by reference herein, for the purpose of transmittal to the Department of Economic Opportunity and other reviewing agencies thereby initiating the required State evaluation of the Growth Management Plan Amendment prior to final adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote this day of January, 2013. ATTEST: DWIGHT E. BROCK, CLERK WA , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit "A" PL20120001213 /CP- 2012 -3 CP \12- CMP- 00865\3 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, Chairman Words underlined are additions; Words stfxek threes are deletions 2 * ** * ** * ** * ** are a break in text EXHIBIT "A" FUTURE LAND USE ELEMENT IMPLEMENTATION STRATEGY GOALS, OBJECTIVES AND POLICIES C P- 2012 -3 * ** * ** * ** text break * ** * ** * ** OBJECTIVE 5 text break * ** * ** * ** Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial - zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bayshore /Gateway Triangle Redevelopment Overlay. b. For such industrially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. C. For such residentially -zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district, except as provided for in the the Bayshore /Gateway Triangle Redevelopment Overlay. d. Any property deemed consistent may be combined and developed with other abutting property provided the density and intensity of development derived from the property deemed consistent is not increased. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. * ** ** * ** text break * ** * ** * ** I. URBAN DESIGNATION text break * ** * ** * ** B. DENSITY RATING SYSTEM: * ** * ** ** text break 1. The Density Rating System is applied in the following manner: * ** * ** * ** text break e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1) Policy 5.1 of the Future Land Use Element. 2) The Urban Mixed Use District for the "vested" Port of the Islands development. 3) The Buckley Mixed Use Subdistrict. 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach /Collier Boulevard Commercial Subdistrict. 6) Livingston /Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The Bayshore /Gateway Triangle Redevelopment Overlay C. Urban Commercial District 1. Mixed Use Activity Center Subdistrict text break text break * ** * ** * ** text break For residential -only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per grow acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allowed by the density rating system and the Bayshore /Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential -only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. Mixed -use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban 2 Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre, except as allowed by the Bayshore /Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from a mixed use project is distributed outside the Activity Center boundary: * ** * ** * ** text break V. OVERLAYS AND SPECIAL FEATURES * ** * ** * ** text break F. Bays ho re/G ateway Triangle Redevelopment Overlay The Bayshore /Gateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore /Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment program is to encourage the revitalization of the Bayshore /Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. GRe mere Two zoning overlays have been will be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: 1. Mixed -Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C -1 through C -3 zoning district uses; hotel /motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed -use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non - residential /non - commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water - dependent and water - related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. 3 4. Properties with access to US -41 East and /or Bayshore Drive and /or Davis Boulevard (SR 84) and /or Airport- Pulling Road are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed -use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore /Gateway Triangle Redevelopment Overlay Map. The "mini triangle" project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06 -08), and amended December 14, 2006 (Ordinance No. 06 -63), and as may be amended. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 5. Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport- Pulling Road or US 41 East, are allowed to develop as a residential -only project at a maximum density of 8 residential units per acre. In order to be eligible for this higher density the development must comply with the following: a. Project must be in the form of a PUD. c. Project site must comprise a minimum of three acres. d. For protects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies. 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraph 5, above. In either instance, the development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development. a ZORORg .,vela„ may be developed fGF the6e 7. Existing zoning districts for some properties within the Bayshore /Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. 8. To qualify for 12 dwelling units per acre, as provided for in paragraphs #4 and#5 above, mixed use projects within the Bayshore /Gateway Triangle Redevelopment Overlay must comply with the follewiRg- design standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable. Gw BuildiRqG GGRtaiRiRg mixed use (FesideRtial uses eve uses) are limited te -a maximum height of four stepies. d. Hatels4notels will be limited to height of fewF stories. stories only. of .... square feet gross fleep aFea-. g. -- eF MGFe ZeRiRg overlays - - standaFds thaR listed above OR e,,.,e 9. For density bonuses provided for in paragraphs #4 and #5 above base density shall be as per the underlying zoning district. The maximum density of 12 or 8 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. 9:10. For all properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. However, for properties within the Coastal High Hazard Area (CHHA), only the affordable - workforce housing density bonus, as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. 4-8- 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs #4 and #5 above, for that portion of the Overlay lying within the CHHA only. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The "mini triangle" catalyst project is not subject to this density bonus pool. 41- 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bays ho re/G ateway Triangle Redevelopment Overlay Map, shall be limited to non - residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and /or recreational open space uses. Exhibit A CP- 2012 -3 DRAFT 10 -4 -12 &MES Planning ServiceslComprehensiWCOMP PLANNING GMP DATAIComp Plan Amendments12012 Cycle PetitionslCP- 2012 -3 BGTRO changes dw/10 -4-12 N A P L E S D A I LY N E W S '(( Friday, October 12, 2012 (( 19A PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF MEETING :J is _NOTICE OF INTENT TO CONSIDER A RESOLUTION ginn; ;. Notice is hereby given that thg Collier County Planning Commission will hold a public meeting ,on Thursday, November 01, 2012 at 9:00 A.M. in theBqii?d of County Commissioners meeting room, third floor, County Government Center, 3299 East Tamiami Trail, Naples. The purpose of the hearingligio consider recommendation to the Board of County Commissioners to transmit to the Department of Economic Opportunity REO) the Transmittal of the 2012 Cycle Growth Management Plan amendments to the Future Land Use Element and the Future Land Use Map and Map Series. The resolution title and petition titles are as follows: 0 _ RESOLUTION NO. 13- r A Resolution OF THE BOA OF COUNTY COMMISSIONERS Proposing Amendments to the Collier County Growth Manage - ment'Plan, ORDINANCE 89 =05, AS AMENDED, Specifically Amending the FUTURE LAND ELEMENT FUTURE LAND USE MAP AND MAP SERIES TO CHANGE THE DESIGNATION OF THE, GORDON RIVER GREENWAY-PARK TO THE CONSERVATION DESIGNATION, AND FuftFernore Recommending Transmittal of the Amendments to the Florida Department of ECONOMIC OPPORTUNITY. PL20120000371 /CP- 2012 -1t, A petition requesting an amendment to the Future Land Use Map (FLUM), to change the FLUM designation from Urban-4__6d Use District/Urban Residential Subdistrict to Conservation Designation for the County -owned Gordon River Greenway:ParR property located in Sections 27, and 34, Township 49 South, Range 25 East, consisting of 123.60+ acres. [Coordinator: Michele Mosca, AICP, Principal Planner] RESOLUTION NO. 13- - A Resolution OF THE BOARD OF COUNTY COMMISSIONERS Proposing Amendments to the Collier County Growth Management Plan, ORDINANCE 89 -05, AS AMENDED; Specifically Amending the FUTURE LAND ELEMENT RELAT- ING TO THE BAYSHOftE/GATEWAY TRIANGLE REDEVELOPMENT OVERLAY AND DENSITY BONUSES, AND Fur- thermore Recommending Transmittal of the Amendments to the Florida Department of ECONOMIC OPPORTUNITY. PL201 20001 21 3CP/2012=3: apetition requesting amendments to the Future Land Use Element (FLUE), to change the Bayshore / Gateway Triangle Redevelopment'Overlay by expanding the area subject to the density bonus for mixed use development, adding allowance for residential -only development to qualify for the density bonus, adding an explanation of the density bonus calculation, and deleting the development standards - all without increasing the total density allowed within the Overlay; and, to add cross references foglher FLUE provisions. [Coordinator: David C. Weeks, AICP, GMP Manager] •max s ��.., Collier County F-torlda .yam P -zo,za i All interested parties are invited to appear and be heard. Copies of the proposed Growth Management Plan Amendment will be made available for inspection at the Land Development Services Dept., Comprehensive Planning Section, 2,800 N. Horseshoe Dr., Naples, between the-hbors.of 8:00 A.M. and 5:00 P.M., Monday through Friday. Furthermore the material's will be made available for inspection at the.Colllar County Clerk's Office, 4th Floor, Collier County Government Center, 3299 East Tamiami Trail, Suite 401' Naples, FL 34112, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday, November 01, 2012, will be read and considered at the public hearing. - If a person decides to appeal any decision. made by the Collier County' Planning Commission with respect to any matter considered atsuch meeting or hearing, he will need a, record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the-proceedings is. made, which record includes the testimony and evidence upon which the appeal is to be based. ` If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. Melissa G. Keene, Chairman " Collier County Planning Commission - .. - No.240194964 October 12 2012 COPY GORDON RIVER GREENWAY PARK CONSERVATION DESIGNAT101.N APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN SECTION 27 AND 34 TOWNSHIP 49 SOUTH RANGE 25 EAST PREPARED FOR: Collier County Public Services Division Parks and Recreation Department 15000 Livingston Road Naples, FL 34109 D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 April 2012 Revised July 2012 APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATION NUMBER PRE - APPLICATION CONFERENCE DATE DATE SUFFICIENT DATE RECEIVED This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Department, Suite 400, 2800 North Horseshoe Drive, Naples, Florida 34104. 239 -252- 2400 (Fax 239 - 252 - 2946). The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 as amended by Resolution 98 -18 (both attached). If you have any questions, please contact the Comprehensive Planning Section at 239 - 252 -2400. SUBMISSION REQUIREMENTS 1. GENERAL INFORMATION A. Name of Applicant Barry Williams, Director Company Collier County Parks and Recreation, Public Services Division Mailing Address 15000 Livingston Road City Naples State FL Zip Code 34110 Phone Number 239 - 252 -4038 Fax Number B. Name of Agent* D. Wayne Arnold • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company /Firm Q. Grady Minor and Associates, P.A. Mailing Address 3800 Via Del Rev City Bonita Springs State FL Zip Code 34134 Phone Number 239.947.1144 Fax Number 239.947.0375 Email Address warnold(cgradyminor.com C1. Name of Owner(s) of Record Collier County Mailing Address 3299 Tamiami Trail East, Suite 303 City Naples State FL Zip Code 34112 -5746 D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. Page 1 of 5 GRPGN PA 11. DISCLOSURE OF INTEREST INFORMATION: A. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Collier County 100% 3299 Tamiami Trail E. Suite 303 Naples, FL 34112 -5746 B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each, and provide one copy of the Articles of Incorporation, or other documentation, to verify the signer of this petition has the authority to do so. Name and Address, and Office Percentage of Stock C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. Name and Address Percentage of Ownership E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contact purchasers below, including the officers, stockholders, beneficiaries, or partners, and provide one copy of the executed contract. Name and Address Percentage of Ownership F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. Name and Address Page 2 of 5 GRPGMPA G. Date subject property acquired (12/2005, 04/2006) leased(): _Terms of lease_ yrs /mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: or anticipated closing: H. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. III. DESCRIPTION OF PROPERTY A. LEGAL DESCRIPTION Please see Exhibit III attached B. GENERAL LOCATION Subject property is located on the south side of Golden Gate Parkway adjacent to the western property boundary of Bears Paw Country Club C. PLANNING COMMUNITY Central Naples D. TAZ 155 E. SIZE IN ACRES 123.6± F. ZONING P, PUBLIC USE WITH A SPECIAL TREATMENT OVERLAY G. SURROUNDING LAND USE PATTERN Developed and undeveloped Urban Land including Naples Zoo, Bear's Paw Country Club Conservancy of Naples and Commons Office Park ZONING: A, C -3, C4, CON, PUD RSF-4 RMF-6 RMF -16 PS and City of Naples PD H. FUTURE LAND USE MAP DESIGNATION (S) Urban Mixed Use District, Urban Residential Subdistrict IV. TYPE OF REQUEST A. GROWTH MANAGEMENT PLAN ELEMENT(S) OR SUB- ELEMENT(S) TO BE AMENDED: Housing Element Recreation /Open Space --------- ____________ _Slaffic_Cir_culaton _Sub - Element ---------- ______ ___ -Mass-Transit Sub-Element _ _____. ____ ----- __ _. Aviation Sub - Element Potable Water Sub - Element Sanitary Sewer Sub - Element NGWAR Sub - Element Solid Waste Sub - Element Drainage Sub - Element Capital Improvement Element CCME Element ✓ Future Land Use Element Golden Gate Master Plan Immokalee Master Plan B. AMEND PAGES) N/A OF THE N/A ELEMENT AS FOLLOWS: (Use et ^U -th uq to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Urban Residential Subdistrict TO Conservation Designation D. AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) N/A E. DESCRIBE ADDITIONAL CHANGES REQUESTED: N/A Page 3 of 5 GRPGMPA V. REQUIRED INFORMATION NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN 1" = 400'. At least one copy reduced to 8'/ x 11 shall be provided of all aerials and /or maps. A. LAND USE Exhibit V.A. Provide general location map showing surrounding developments (PUD, DRI'S, existing zoning) with subject property outlined. Exhibit V.A. Provide most recent aerial of site showing subject boundaries, source, and date. Exhibit V.A. Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE DESIGNATION Exhibits V.B Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL Exhibit V.C. Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT - FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN "A" ABOVE. Exhibit V.C. Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Fish and Wildlife Conservation Commission) listed plant and animal species known to occur on the site and /or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.) Identify historic and /or archaeological sites on the subject property. - - - - -- - - - - --D -- GROW TH --MANAGEMENT------------ - - - - -- -...__ Reference 9J- 11.006, F.A.C. and Collier County's Capital Improvements Element Policy 1.1.2 (Copies attached). 1. INSERT "Y" FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J- 11.006(1)(a)(5),F.A.C.) If so, identify area located in ACSC. N Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S. ? (Reference W- 11.006(1)(a)Ta, F.A.C.) N Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1)(c), F.S. ? (Reference 9J- 11.006(1)(a)7.b, F.A.C.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County -wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. N Does the proposed land use cause an increase in density and/or intensity to the Alftw uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? Page 4 of 5 GRPGMPA (Reference Rule 9J- 5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J- 11.007, F.A.C.) E. PUBLIC FACILITIES Provide the existing adopted Level of Service Standard (LOS, and document the impact the proposed change will have on the following public facilities: Exhibit V.E Potable Water Exhibit V.E Sanitary Sewer Exhibit V.E Arterial & Collector Roads: Name of specific road and LOS Golden Gate Parkway Goodlette Frank Road Exhibit V.E Drainage Exhibit V.E Solid Waste Exhibit V.E Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and /or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. Waived Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools, and emergency medical services.) 3. Exhibit V.E Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: Exhibit V.F Flood zone based on Flood Insurance Rate Map data (FIRM). __ EXhibit_V F- ___ Location- of_wellfields -ancf-Gones -of- influence,- if-applicable: -- (Identified -on- Colter-- - - - - -- -- _ -- County Zoning Maps). Exhibit V.B Traffic Congestion Boundary, if applicable. Exhibit V.B Coastal Management Boundary, if applicable. Exhibit V_F High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (Identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION Provided $16,700.00 non - refundable filing fee, made payable to the Board of County Commissioners, due at time of submittal. $9,000.00 non - refundable filing fee for a Small Scale Amendment, made payable to the Board of County Commissioners, due at time of submittal. To be provided Plus Legal Advertisement Costs (Your portion determined by number of petitions and divided accordingly. Exhibit V.G. Proof of ownership (Copy of deed). Exhibit V.G. Notarized Letter of Authorization if Agent is not the Owner (see attached form). Provided 1 Original and 5 complete, signed applications with all attachments, including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application will be required. Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1" =400' or at a scale as determined during the pre - application meeting. Page 5 of 5 GRPGWA COPY EXHIBIT LEGAL DESCRIPTION LEGAL DESCRIPTION (O.R.B. 4013, PGS. 0757 -0760) THE SOUTHEAST (SE1/4) QUARTER OF NORTHEAST (NE1 /4) QUARTER AND THAT PART OF THE NORTHEAST (NE1 /4) QUARTER OF THE SOUTHEAST (SE1 /4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF THE CREEK, LESS AND EXCEPT THE FOLLOWING TWO PARCELS: ALL THAT TRACT OF PARCEL OF LAND LYING AND BEING IN THE NORTHEAST (NE1 /4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST BOUNDARY OF STORTER SUBDIVISION WITH THE NORTH RIGHT —OF —WAY LINE OF A CANAL, RECORDED IN PLAT BOOK 5, PAGE 106; RUN IN A NORTHERLY DIRECTION 149.00 FEET, MORE OR LESS, TO THE SOUTH BOUNDARY OF GORDON RIVER HOMES SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 84; THENCE IN AN EASTERLY DIRECTION ALONG WITH THE SOUTH BOUNDARY OF GORDON RIVER HOMES A DISTANCE OF 133.00 FEET, MORE OR LESS, TO THE MEAN NIGH WATER LINE OF GORDON RIVER; THENCE IN A SOUTHEASTERLY DIRECTION FOLLOWING THE MEANDERINGS OF THE M.H.W. LINE OF THE CORDON RIVER TO THE EASTERLY EXTENSION OF THE NORTH RIGHT —OF —WAY LINE OF THE CANAL IN STORTER SUBDIVISION AS RECORDED PLAT BOOK 5, PAGE 106; THENCE IN A WESTERLY DIRECTION ALONG THE EASTERLY EXTENSION OF THE NORTH RIGHT —OF —WAY LINE OF SAID CANAL TO THE POINT OF BEGINNING. AND A PORTION OF THE SOUTHEAST (SE1 /4) QUARTER OF THE NORTHEAST (NE1 /4) QUARTER, SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT KNOWN AS "POINT OF ENDING OF BULKHEAD LINE NUMBER 3" AS SHOWN AND DESCRIBED ON THE BULKHEAD LINE PLAT, RECORDED IN BULKHEAD LINE PLAT BOOK i AT PAGE 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; RUN SOUTH $9'42'35" EAST, ALONG SAID BULKHEAD LINE NUMBER 3, FOR 217.80 FEET; THENCE RUN SOUTH 29'16'45 EAST, STILL ALONG SAID BULKHEAD LINE, FOR 144.56 FEET; THENCE RUN NORTH 8942'36" WEST, FOR 289.14 FEET, TO THE WEST UNE OF THE SOUTHEAST (SE1 /4) QUARTER OF THE NORTHEAST (NE 1 /4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. SAID POINT BEING ON THE NORTHERLY RIGHT --OF —WAY LINE OF BEMBURY DRIVE BY POSSESSION AS MONUMENTED ON THE GROUND, SAID POINT BEING 362.32 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SOUTHEAST (SE1 /4) QUARTER OF THE NORTHEAST (NE1 /4) QUARTER AS SHOWN ON SAID BULKHEAD PLAT (SURVEYOR'S NOTE: THE NORTHERLY RIGHT —OF —WAY LINE OF BEMBURY DRIVE IS SHOWN AS BEING 360 FEEL SOUTH OF SAID NORTHWEST CORNER ON PLAT OF STORTER SUBOMSION AS RECORDED IN PLAT BOOK 5, PAGE 106, PUBLIC RECORDS OF COLDER COUNTY, FLORIDA); THENCE RUN NORTH 0' 17'24` EAST, ALONG THE AFORMENTIONED WEST LINE FOR 125.73 FEET TO THE POINT OF BEGINNING; CONTAINING 0.732 ACRES; TOGETHER WITH ALL RIPARIAN RIGHTS, INCLUDING ANY LAND CONTIGUOUS TO, AND WATERWARD OF, THE HEREIN DESCRIBED PORTION OF BULKHEAD LINE NUMBER 3. EXHIBIT III Page 1 of 2 DESCRIPTION Al of Lot 97 of Naples Improvement Company's tattle Farms, lying South of Golden Gate Parkway, according to the plat thereof recorded in Plot Book 2, at Page 2, Public Records of Collier County, Florida. Less and Except the following Access Easement The East 60 feet of that port of Lot 97 of Naples Improvement Company's Little Farms Subdivision, according to the plat thereof retarded in Plot Book 2, Page 2, in the Public Records of Collier County, Florida, lying south of Golden Gate Parkway and within Section 27. Township 49 South, Range 25 East, Collier County, Florida. And less the North 120 feet of the East 120 feet of Section 34, Township 49 South. Range 25 East, Collier County, Florida: being and lying within Lot 97 of Naples improvement Company's Little Farms Subdivision, according to the plot thereof recorded in Plot Book 2, Pogo 2, in the Public Records of Collier County, Florida, Together with Lot 3 of Naples Improvement Company's Little Forms, according to the plot thereof recorded in Plot Book 2, at Page 2. Public Records of Collier County, Florida. Less and Except That part of Lot 3 of Naples Improvement Company's little Forms subdivision as per plot thereof recorded in Plat Book 2, Pogo 2, Public Records of Collier County, Florida, lying Easterly and Southerly of the following described line: Commencing at a concrete monument at the South 1/4 comer of Section 27, Township 49 South. Range 25 East, Collier County. Florida; Thence along the South line, North 8726'09' East 753.94 feet to a point: Thence South 00'21'55" East 334.85 feet to a concrete monument an the south line of sold Lot 3 and the Point of Beginning of the described line: Thence along said described line and the Westerly boundary of the herein described parcel North 0921'55"` West 211.15 feet to concrete monument at the Northwest corner of said described Parcel: Thence along said described line and the Northerly boundary of said described parcel North 8738'05` East 729.90 feet to a concrete monument: Thence continue North 8738.05 East 13.00 feet more or less to the Easterly boundary of Lot 3, Naples Improvement Company's Little Forms and the Point of Ending of said described tine. Also Less and Except That part of Lot 3 of Naples improvement Company's Little Forms subdivision as per plot thereof recorded in Plot Book 2, Page 2. Public Records of Collier County. Florido; Commencing at the South 1/4 corner of Section 27. Township 49 South, Range 25 East. Collier County. Florida; Thence North 89'4600' East 74.16 feet to a point on the East right —of —way of Goodlette —Fronk Road; Thence along said right —of —way North 04'39.15' West 145.44 feet to the North tine of said Lot 3; Thence leaving sold right —of —way and along the North line of said Lot 3 North 89'40'10" East 761.95 feet to the POINT OF BEGINNING; Thence continue along said line North 69.40.10' East 191.50 feet; Thence South 2$'23'14" West 106.55 feet; Thence South 89'47'04` West 137.16 feet; Thence North 01'38`39' West 94.94 feet to the POINT OF BEGINNING, And Less That land described in Official Records Book 246, Page 59, of the Public Records of Coker County, Florida, being a right —of —way taking for Goodlette —Frank Road. {Detail 'S) EXHIBIT III Page 2 of 2 COPY EXHIBITN.A. LAND USE; I Oc O110. MN EXHIBIT V.A. Q z z O N Q L z O Q U O J Page 1 of 2 Page 2 of 2 i�, m, .., R NDw s 11 1 MA& U- w vE. COPY Cl) x O J. 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H- i'l B T2 Nv mr � 0 �Ill It lilly ;m it i 1;: � 11 Ililm i m Irrd A a Al • T,Tf XYTooTjk*kffjT.A Updated March 4, 2010 Revised September 15, 2010 Revised January 25, 2011 Revised March 25 2011 Coo) C"IWJ70 ENTRIX Shaping the Future C40 FY County 0 TABLE OF CONTENTS PAGE Introduction..................................................................................... ............................... l Subsection a Applicant Information ............................................. ............................... l Subsection b Mapping and Support Graphics ................................ ..............................2 Subsection c Project Description and GMP Consistency Determination ....................3 Subsection d Native Vegetation Preservation ................................ ..............................6 Subsectione. Wetlands ............. ............................................... .............................10 Subsection f Surface and Ground Water Management ................. .............:...............15 Subsection g Listed Species .......................................................... .........................:...16 Subsectionh Other ........................................................................ .............................30 TABLE Table 1 Current SHWL Elevations by Wetland ...:............... .............................13 Table 2 UMAM Impact Analysis Summary ........................ .............................14 Table 3 State and Federally Listed Species at Gordon River Greenway Park, Collier County ............................................... .............................16 Table 4 Listed Species Survey Times and Dates ................. .............................19 0:1:11 =3k�`� Exhibit 1 Resumes Exhibit 2 Location Map Exhibit 3 Land Use Map Exhibit 4 Existing Drainage Flow Pattern Map Exhibit 5 Soils Map Exhibit 6 Pre- development Drainage Plan Exhibit 7 Overall Project Site Concept Plan Exhibit 8 Natural Habitat Impact Map Exhibit 9 Preservation Areas Map Exhibit 10 ST Overlay and Zoning Map Exhibit 11 Wetlands Map r � U • • I[_-.1j Pi Exhibit 12 SFWMD Informal Jurisdictional Determination Letter Exhibit 13 Wetland Impact Map Exhibit 14 Preliminary UMAM Analysis Exhibit 15 Listed Species Map Exhibit 16 Gopher Tortoise Habitat Management Plan Exhibit 17 Big Cypress Fox Squirrel Management Plan Exhibit 18 West Indian Manatee Management Plan Exhibit 19 Wading Bird Management Map Exhibit 20 Plant List Exhibit 21 DHR 25 August 2008 Letter Gordon River Greenway Park • Environmental Impact Statement Collier County, Florida Introduction The Gordon River Greenway Park will be a 123.6 -acre passive park located near the corner of Golden Gate Parkway and Goodlette -Frank Road in Collier County, FL. The first stage of development of the park is to rezone the existing parcels of land from Agriculture (A), Commercial Intermediate (C -3), Residential Multifamily 6 (RMF -6) and Conservation (CON) to Public (P). An ST permit application is also being submitted as a companion item to the Rezoning Application. The Collier County Land Development Code requires an Environmental Impact Statement (EIS) for any site over 5.0 acres in size in the Coastal High Hazard Area. This document will follow the outline in section 10.02.02 of the Collier County Land Development Code (LDC) to facilitate review. Ecologists from ENTRIX, Inc. (ENTRIX) performed extensive field evaluations in March - April, 2008 and sporadically throughout 2008, 2009, and 2010, as warranted, including wetland verification with the South Florida Water Management District. Collier County Land Development Code Section 10.02.02 (4) Environmental Impact Statement Subsection a. Applicant Information L Responsible person who wrote the EIS and hislher education and job related • environmental experience Raymond K. Loraine For Qualifications see Resumes (Exhibit 1) Michael L. Sturm, P.E. For Qualifications see Resumes (Exhibit 1) ii. Owners) /agent(s) name, address, phone number & e-mail address Collier County Parks and Recreation Department 15000 Livingston Road Naples, FL 34109 PH: 239- 252 -4035 FAX: 239 -252 -6532 l3�u�ry�4 illi:u7n a «�Ilit�� .r� Page 1 of 31 �J • Subsection b. Manning and Support Graphics General Location Map Please see Exhibit 2 - "Location Map" ii. Native Habitat Map Native habitats and their boundaries Identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to go on to adjoining properties. Habitat identification consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System ( FLUCFCS) shall be depicted on an aerial photograph having a scale of 1 inch equal to at least 200 feet when available from the County. Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided. A legend for each of the FLUCFCS categories found on -site shall be included on the aerial. Please see Exhibit 3 - "Land Use Map" iii. Topographic Map, and Existing Drainage Patterns Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS categories shall be provided. Please see Exhibit 4 — "Existing Drainage Flow Pattern Map ". Detailed topographic data is not available for the site. iv. Soils Map Soils map at scale consistent with that used for the Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. Please see Exhibit 5 — "Soils Map" V. Drainage Plan Proposed drainage plan indicating basic flow patterns; outfall and off -site drainage. The proposed project will maintain the existing basic flow patterns on the site as depicted in attached Exhibit 6 — "Pre - development Drainage Plan ". A . Development Plan Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact • area. . Page 2 of 31 The site will be in substantial compliance with the Overall Project Site Concept Plan (Exhibit 7). After the Rezone is complete, a Site Development Plan will be developed that will finalize the details of the development plan. Phasing of the site is not proposed as all work will continue until complete in a single construction phase. The parking, restrooms, interior roadways, asphalt nature trails, boardwalks, kayak/canoe launch, and all other facilities of the park are shown on the Overall Project Site Concept Plan. The engineering details of the site plan will become a part of the Site Development Plan, which will follow the Rezone. vii. Site Plan Site plan showing preserves on -site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sites, as well as public owned conservation lands, conservation acquisition areas, major flowways and potential wildlife corridors. This project is a result of the acquisition of conservation lands and placing them into a contiguous park. Highly sensitive lands will be restored, hydrologically and vegetatively, and protected. Less sensitive lands will be used for interior roadways, parking, and civil infrastructure such as water, sewer, and electrical lines. The majority of the lands in this project, except for the interior roadways, parking, and civil infrastructure, will be used to: restore a hydrologic regime in the area, provide for stormwater treatment, improve wildlife habitat, and provide a wildlife corridor from the mangrove fringe to the xeric uplands (Exhibit 7). viii. For properties in the RLSA or RFMU districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan. This project is outside of the RLSA or RFMU districts. Subsection c Proiect Description and GMP Consistency Determination Provide an overall description of the project with respect to environmental and water management issues. The subject property is located in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida (Latitude /Longitude: 26.168517 N /- 81.784889 W), encompasses approximately 123.6 acres, and is divided into four (4) distinct parcels (Exhibits 2 and 3). The main parcel is bordered to the north by Golden Gate Parkway, to the south and west by the Gordon River and to the east by Bear's Paw Golf Course. The Naples Airport borders the southeasternmost parcel and the two (2) westernmost parcels are bordered to the west by Goodlette Frank Road and to the east by the Gordon River. The Gordon River is a Class III waterbody that is listed as impaired by the Florida Department of Environmental Protection due to its low dissolved oxygen concentration. Additionally, the Golden Gate Canal, a major drainage canal that terminates at Naples Bay, enters the Gordon River along the eastern boundary of the largest parcel. Currently, the property contains mangrove wetlands and wetlands and uplands infested with nuisance exotic species. Approximately 316 gopher tortoise burrows were observed onsite. The site will be enhanced through water quality improvements, wetland Page 3 of 31 enhancement, nuisance /exotic species removal, and proper land management activities, Impacts to native habitats were avoided and minimized to the greatest extent practicable; however, 2.15 acres of permanent wetland impacts are proposed for park facilities, 0.21 acres of dredging for a canoe/kayak launch, 1.92 acres of temporary construction and shading impact for elevated boardwalks, 0.44 acres of .impact for a water quality conveyance pipe, 0.33 acres of native upland habitat impact for construction of a . stormwater treatment bioswale, and 4.75 acres of native upland habitat impact for the Kayak Node, asphalt nature trails and shade structures. As compensation, 0.63 acres of freshwater wetland and 75.21 acres of tidal wetlands may be enhanced. In addition, nuisance and exotic species will be removed from all the remaining uplands onsite; however, no compensation credit is requested for these activities. ii. Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. The following Objectives and policies in the Conservation and Coastal Management Element of the Growth Management Plan are applicable and are presented for consistency with the Conservation and Coastal Management Element. Objective 2.2 All canals, rivers, and flow ways discharging into estuaries shall meet applicable Federal, State, or local water quality standards. Policy 2.2.2 In order to limit the specific and cumulative impacts of stormwater run -off,' stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt should be made to enhance the timing, quantity, and quality of fresh water to the estuarine system. Non - structural methods such as discharge and storage in wetlands are encouraged. The Gordon River Greenway Park design will meet all federal, State, and local water quality design standards; issuance of the ERP from the SFWMD will confirm this assertion. In addition, as required by the Florida Communities Trust grant, water quality will be improved within the currently impaired Gordon River by the onsite treatment of offsite runoff from Golden Gate Parkway as discussed in Subsection fi.. The stormwater runoff will be conveyed through a stormwater treatment unit to separate solids, grease and oils. The stormwater will then be conveyed through a pipe and released into a spreader swale enhancing the timing, quantity and quality of the stormwater to the estuarine system. Objective 6.1 The County shall protect native vegetative communities through the application of minimum preservation requirements. The following policies provide criteria to make this objective measureable. Thesepolicies shall apply to all of Collier County exceptfor the portion of the County which is identified on the Countywide Future Land use Map (FL UM as Rural Lands Stewardship Overlay. Policy 6 LI For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural - Industrial District Page 4 of 31 and Rural- Settlement Area District as designated on the FL UM, native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (A CSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non - agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. The Gordon River Greenway Park contains approximately 112.8 acres of native habitat (defined as having native species in representative plant strata and/or a majority of the community being undisturbed), of which some 103.3 acres (approximately 91.6 1/o) will not be impacted and 22.2 acres (19.7 %) will be placed in a Preserve. The undeveloped areas and preservation far exceed the 15% native habitat requirement (16.92 acres) and includes nearly all of the upland gopher tortoise habitat on the project, as well as adjacent wetlands areas. Please see Subsection d1i. for further discussion. Policy 61.4 Prohibited invasive exotic vegetation shall be removed from all new developments. Nuisance and exotic species of plants, particularly Brazilian pepper (Schinus terebinthifolius), melaleuca ( Melaleuca quinquenervia), Australian pine (Casuarina glauca), and downy rose myrtle (Rhodomyrtus tomentosa) will be removed from the tidally- influenced and inland wetlands and uplands, which will greatly improve the long- term sustainability and habitat of the areas. Policy 6.1.7 The County shall require native vegetation to be incorporated into landscape designs in order to promote the preservation of native plant communities and to encourage water conservation. The Gordon River Greenway Park has been designed to showcase the native vegetation of Collier County. Native vegetation will be incorporated into supplemental landscape designs. Objective 6.2 The County shall protect and conserve wetlands and the natural functions of wetlands pursuant to the appropriate policies under Goal 6. The following policies provide criteria to make this objective measureable. The County's wetland protection policies and strategies shall be coordinated with the Watershed Management Plans as required by Objective 2.1 of this Element. The design of the Gordon River Greenway Park exceeds all, the applicable Policies within this Objective. The vast majority (approximately 91.6 %) of all the native wetlands and upland habitats onsite will not be developed In addition, extensive environmental education of the site will foster stewardship of Collier County's native habitats. Objective 7.1 The County shall direct incompatible land uses away from listed animal species and their habitats. The County relies on the listing process of State and, Federal agencies to Page 5 of 31 identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A- 27.003, 68A- 27.004, and 68A - 27005, FAC and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17. The only observed listed animal species on the property was the gopher tortoise (Gopherus polyphemus). As a result of the mapping of the 316 identified burrows, a site plan was developed to minimize onsite infrastructure and to maximize preservation of the existing gopher tortoise habitat. Permitting for gopher tortoise relocation adjacent to the zoo property is being undertaken by others at the direction of Collier County. The removal and maintenance of nuisance and exotic plant species, specifically downy rose myrtle, will improve the habitat of this species. Potential effects on gopher tortoises during nature trail construction will be evaluated through consultation with the Florida Fish and Wildlife Conservation Commission and permitted as required. - Objective 10.1 Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water- dependent use, adjacent land use, and surrounding marine and upland habitat considerations. The Collier County Manatee Protection Plan (NR- SP- 93 -01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storage facilities, and boat ramps, based upon the Plan's marina siting criteria. iIn accordance with Policies 10.0.0 and 10.1.4, the proposed canoe/kayak launch will be public, prohibit motorized boats, and will impact only 0.21 acres of disturbed mixed forested wetlands. Subsection d. Native Vegetation Preservation Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FL UCFCS). Provide a description of each of the FL UCFCS categories identified on -site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Ecologists from ENTRIX classified habitat types based upon onsite evaluations, review of historical and current Soil Surveys of Collier County, and review of historical soil surveys to research the project site's history prior to construction of the Golden Gate Canal. The following are descriptions of the mapping categories used in delineating the upland habitats and land uses with the approximate acreages included for habitats within the project boundaries (Exhibit 3). The habitat/land use mapping was accomplished through aerial interpretation and groundtruthing using the descriptions pursuant to the Florida Land Use, Cover and Forms Classification System ( FLUCFCS) (Florida Department of Transportation, January 1999). The wetland FLUCFCS descriptions follow below in Section e. Page 6 of 31 0 Parks and Zoos (FLUCFCS 1850:1.6 acres) This non - native area is located in the western portion of the property and is comprised of existing facilities owned by The Naples Zoo. Currently, this area contains pathways and parking areas, Zoo operations facilities, off - display animal enclosures, and waste disposal facilities. No native habitat areas are present within this landscape. Scrubby Flatwoods <50% Downes+ Rose Myrtle (FLUCFCS 3271; 18.5 acres) This native area is located on the eastern portion of the property, west of the Golden Gate Canal and Bear's Paw Golf Club. Downy rose myrtle has become densely established. The dominant vegetation is saw palmetto (Serena repens), slash pine (Pins elliottii), and wire grass (Aristida stricta) with less than 50.percent downy rose myrtle. The soil is classified as Immokalee.fine sand, an upland soil according to the Soil Survey of Collier County, Florida (1998) (Exhibit 5). ScrabbYFlatwoods >50 %Downy Rose Myrtle (FLUCFCS 3272; 8.0 acres) This native area is located on the lower eastern portion of the property, . west of the Golden Gate Canal and Bear's Paw Golf Club. This upland area has become infested with dense downy rose myrtle. The dominant vegetation is saw palmetto, slash pine, wire grass and downy rose myrtle. The soil is classified as Immokalee fine sand, an upland soil according to the Soil Survey of Collier County, Florida (1998) (Exhibit 5). Pine Flatwoods Disturbed (FLUCFCS 4111. 2.3 acres) This native area is the remnant slash pine canopy on the parcel adjacent to the zoo. In addition to pine, cabbage palm (Sabal palmetto), Brazilian pepper, and carrotwood • (Cupaniopsis anacardioides) are also in the canopy. Many of the trees are completely covered in vines. The understory consists of several different types of grasses and trimmings of miscellaneous vegetation, most likely discarded from the zoo. The soil is classified as Urban Land- Immokalee- Oldsmar- Limestone substratum which is an upland soil according to the Soil Survey of Collier County, Florida (1998) (Exhibit 5). Hardwood- Coniferous -Palm Mix (FLUCFCS 4341; 3.3_ acres) This native area is located at the extreme southwestern corner of the property and consists of cabbage palm, slash pine, swamp fern (Blechnum serrulatum), carrotwood, Brazilian pepper, and Australian pipe. The soil is classified as Durbin and Wulfert Mucks, frequently flooded, which is included on.the list of hydric soils according to the Soil Survey of Collier County, Florida (1998) (Exhibit 5). Ditch (FLUCFCS 5130: 0.4 acre) This non - native, man-made ditch located along the southern boundary of the western parcel. The ditch appears to serve as drainage for the parking lot of the zoo and Goodlette -Frank Road. Mangrove Swamp Disturbed (FLUCFCS 6121. 72.1 acres) This native land use type occurs in Wetlands 5 and 6. Vegetation present in the wetland canopy includes Australian pine, red mangrove (Rhizophora mangle), black mangrove (Avicennia germinans), and white mangrove (Laguncularia racemosa), buttonwood (Conocarpus erectus), and cabbage palm. A sub -canopy is present along the edge of the wetland and is comprised of Brazilian pepper, seagrape (Coccoloba uvifera), and wild lime (Zanthoxylum fagara). Species found in the herbaceous stratum include crinum lily • ( Crnnum americanum), swamp fern, giant leather fern, golden leather fern, oyster plant Page 7 of 31 (Tradescantia spathacea), scorpion's tail (Heliotropium angiospermum), seashore paspalum (Paspalum vaginatum), pineland heliotrope (Heliotropium polyphyllum) and grapevine (Vitis rotundifolia). The soil is classified as Durbin and Wulfert Mucks, frequently flooded, and Hallandale fine sand which are included on the list of hydric soils for Collier County.(Exhibit 5). Mixed Wetland Hardwoods Disturbed (FLUCFCS 6171:7.2 acres) The native canopy along the edge is comprised of laurel oaks, slash pine, Australian pine, cabbage palm, and melaleuca. Red mangrove, black mangrove, buttonwood, and white mangrove comprise the other canopy species in the midzone of the wetland. The sub - canopy consists of Brazilian pepper, gumbo limbo (Bursera simaruba), wax myrtle (Myrica cerifera), downy rose myrtle, white indigoberry (Randia aculeate), Spanish stopper (Eugenia foetida), shoe button ardisia, and lyonia (Lyonia ligustrina). The herbaceous stratum contains sawgrass (Cladium jamaicense), black needlerush (Juncos romerianus), swamp fern, golden leather fern (Acrostichum aureum), and giant leather fern (Acrostichum danaeifolium). The soil in this system is classified as Durbin and Wulfert Mucks, frequently flooded, which is included on the list of hydric soils for Collier County (Exhibit 5). Wetland Forested Mixed Disturbed (FLUCFCS 6301: 1.2 acres This native land use type is comprised of approximately 90 percent nuisance /exotic vegetation and encompasses Wetland 3. Nuisance /exotic vegetation includes Brazilian pepper, Senegal date palm (Phoenix reclinata), Australian pine, melaleuca, and shoe button ardisia ( Ardisia elliptica). Dominant vegetation consists of Australian pine with scattered red mangrove and buttonwood in the canopy; Brazilian pepper, cabbage palm, and shoe button ardisia in the sub - canopy; and golden leather fern, giant leather fern, wedelia (Wedelia trilobata), Bostonfern (Nephrolepis exaltata), camphorweed (Pluchea odorata), and swamp fern in the herbaceous stratum. The soil in this system is classified as Durbin and Wulfert Mucks, frequently flooded, which is included, on the list of hydric soils for Collier County (Exhibit 5). Disturbed Lands (FLUCFCS 7400: 4.3 acres) The western portion of the property contains non - native disturbed lands, including several different types of grasses and trimmings of miscellaneous vegetation, most likely discarded from the zoo. The soil is classified as Urban Land-Immokalee-Oldsmar- Limestone substratum which is an upland soil according to the Soil Survey of Collier County, Florida (1998) (Exhibit 5). SRqi Areas (FLUCFCS 7430: 2.0 acres) There are a series of non - native spoil -piles in the western portions of the property. This spoil was most likely deposited during the excavation of ditches throughout the zoo. These spoil areas support bahia grasses (Paspalum notatum), cabbage palm, Brazilian pepper, and several other upland species that have exploited the high ground within the mangrove swamps. A spoil berm also exists on the southeastern parcel and it most likely resulted from the dredging.of the Golden Gate Canal. The soil is classified as Urban Land- Immokalee- Oldsmar- Limestone substratum which is an upland soil according to the Soil Survey of Collier County, Florida (1998) (Exhibit 5). Parking Lot (FLUCFCS 8100, 2.5 acres) This non - native area, which was cleared prior to 1975 (as verified by Collier County staff review of 1975 aerials), currently serves as the overflow parking lot for the Naples Zoo. Page 8 of 31 The soil is classified as Urban Land- Immokalee- Oldsmar- Limestone substratum which is an upland soil according to the Soil Survey of Collier County, Florida (1998) (Exhibit 5). i% Explain how the project meets or exceeds the native vegetation preservation . requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Chapters 3 and 10 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. Policy 6 1.1 For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural /Rural Mixed Use District, Rural - Industrial District and Rural - Settlement Area District as designated on the FLVM native vegetation shall be preserved through the application of the following preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to all non - agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to policies supporting Objective 2.1 of this Element. The Collier County Land Development Code Section 3.05.07.13 requires designation of at least 15% of the native vegetation onsite as Preserve. For the subject project, the Preserve requirement is 16.92 acres =112.8 acres x 0.15. The attached Overall Project • Site Concept Plan (Exhibit 7) includes a designated Preserve of 22.2 acres. The onsite preserve prioritization hierarchy in the LDC and GMP requires that areas known to be utilized by listed species be a high priority for preservation. Therefore, gopher tortoise habitat was a priority for preservation in development of the site plan and nearly all of the occupied upland gopher tortoise habitat was included in the designated Preserve required for compliance with the Land Development Code (Exhibit 9). In addition to upland gopher tortoise habitat , adjacent wetland areas were also included in the designated Preserve. Although not specifically designated as preserve, 'a total of some 103.33 acres (approximately 91.6 %) of the project area will also remain as native habitats following development of the park, well in excess of the 15% required by the Land Development Code. Chapter 4.06.04 All vegetation clearing activities will be conducted in accordance with SDP rules and authorizations. Chapter 10.02.14 All preserved wetlands and uplands will be shown on the construction plans for all entitlements. . iii: For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Chapters 3 and 10 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcels) are in compliance with the 10 year Page 9 of 31 0 rezone limitation previously identified in the Growth Management Plan and Land Development Code. . Not applicable. Site is currently vegetated except for some cleared areas south of the Zoo and an old home site there. iv. Have preserves or acreage requirements for preservation previously been idend ied for the site during previous development order approvals? If so, identify the location and acreage of thesepreserves, and provide an explanation if they are different from what is proposed Not applicable. For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provided an explanation as to why these areas are being impacted or preserved The proposed project occurs within Special Treatment Wellfield Risk Management Overlay Zones ST -W2, ST -W3 and ST -W4. Generally, the Land Development Code, defines these overlay zones as areas where well fields should be protected from the discharge or accidental release of contaminants, sanitary hazards, or other potential contamination sources, including hazardous products and wastes. The proposed project is a passive park and recreational facility that will retain extensive natural habitat areas (approximately 90% of the project acreage). Improved portions of the site will be designed and constructed consistent with State of Florida permitting requirements for stormwater treatment. As such, the proposed project is unlikely to present at potential threat to the integrity of the Special Treatment Wellfield Risk Management Zones. The project site also contains a general conservation ST Overlay encompassing approximately 77.87 acres along the Gordon River corridor. As a companion to the subject rezone request,, an ST permit application is also being submitted for consideration. The proposed project includes over 100 acres (90 %) of undeveloped upland and wetland habitats and therefore achieves the conservation goals envisioned with the original designation of a general conservation ST Overlay in this area. Exhibit 10 reflects the ST Overlay map obtained from the Collier County GIS department. Please refer to subsection f -iii for further detail. Subsection e. Wetlands Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.22 of the Conservation and Coastal Management Element of the Growth Management Plan) according to the Florida Land Use Cover and Forms Classification System ( FLUCFCS). Include a description of each of the FLUCFCS categories identified on -site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Wetland determinations are required to be verified by the South Florida Water Management District or Florida Department of Environmental Protection, prior to submission to the County. Page 10 of 31 The wetland limits delineated by ENTRIX ecologists were verified by the SFWMD on 6 February 2009 and will be evaluated by the ACOE for permitting (Exhibits 11 and 12). The wetlands within the project boundaries total 80.1 acres. The wetland limits were established by ENTRIX and surveyed by AIM Engineering & Surveying, Inc. The wetland limits are indicated on the habitat/land use map (Exhibit 3). The areas mapped as wetlands are located within historically wetland soils (Durbin and Wulfert Mucks) and partially within upland soils ( Immokalee fine sand) [Soil Survey of Collier County, Florida (1998)] (Exhibit 5). Wetland 2 (60.6 acres, 6121/6171) Mangrove Swamp Disturbed/Mixed Wetland Hardwoods Disturbed Wetland 2 encompasses most of the property and is directly connected to the Gordon River to the west and to the Golden Gate Canal to the east. Additionally, the Naples Zoo is located west of this wetland and Bears Paw Golf Course is to the east. This wetland is of moderate quality: disturbances consist of nuisance /exotic vegetation (35 %) and many fallen trees. The canopy along the edge is comprised of laurel oaks, slash pine, Australian pine, cabbage palm, and melaleuca. Red mangrove, black mangrove, buttonwood, and white mangrove comprise the other canopy species in the midzone of the wetland. The sub -canopy consists of Brazilian pepper, gumbo limbo, wax myrtle, white indigoberry, Spanish stopper (Eugenia foetida), shoe button ardisia, and Iyonia (Lyonia ligustrina). The herbaceous stratum contains sawgrass (Cladium jamaicense), black needlerush (Juncus romerianus), swamp fern, golden leather fern, and giant leather fern. The soil in this system is classified as Durbin and Wulfertt Mucks, frequently flooded, which is included on the list of hydric soils for Collier County (Exhibit 5). Wetland 3 (1.2 acres, 6301) Wetland Forested Mixed Disturbed S Wetland 3 is a tidally influenced forested system that lies west of the Gordon River and south of the Naples Zoo. It is located on the northern half of the property and is part of a larger system that extends along the western edge of the Gordon River. This wetland is very disturbed, contains spoil piles throughout the system and a Swale along the southern edge, and is comprised of approximately 90 percent nuisance /exotic vegetation. Nuisance /exotic vegetation includes; Brazilian pepper, Australian pine, and shoe button ardisia. Dominant vegetation consists of Australian pine with scattered red mangrove and buttonwood in the canopy; Brazilian pepper, cabbage palm, and shoe button ardisia in the sub - canopy; and golden leather fern, giant leather fern, Boston fern (Nephrolepis exaltata), and swamp fern in the herbaceous stratum.. The soil in this system is classified as Durbin and Wulfert Mucks, frequently flooded, which is included on the list of hydric soils for Collier County (Exhibit 5). Wetland 4 (0.6 acres; FLUCFCS 6171) Mixed Wetland Hardwoods Disturbed Wetland 4 is located west of the Gordon River and north/south/east of Wetland 2. This freshwater system is low quality and has been invaded by melaleuca. There is slash pine, cabbage palm, wax myrtle, downy rose myrtle, and swamp fern along the edge of this system. Melaleuca comprises the canopy and sub - canopy within the wetland mid -zone, and black needlerush comprises the herbaceous layer. The soil in this system is classified as Immokalee fine sand, an upland soil series (Exhibit 5). Wetland 5 (12.7 acres, 6121) Mangrove Swamp Disturbed Wetland 5 is located west of Gordon River and is of medium quality with some nuisance /exotic species present. It has a ditch at the southern end and is bordered by commercial facilities to the west and south. A Bald Eagle (Haliaeetus leucocephalus) Page 11 of 31 is was observed flying above the wetland. This wetland contains many fallen trees and nuisancelexotic vegetation. Species observed in the wetland canopy include scattered Australian pine, red mangrove, black mangrove and white mangrove. The sub -canopy is primarily comprised of Brazilian pepper, cabbage palm and buttonwood The herbaceous stratum is comprised of crinum lily, swamp fern, giant leather fern, and golden leather fern. The soil is classified as Durbin and Wulfert Mucks, frequently flooded, which is included on the list of hydric soils for Collier County (Exhibit 5). Wetland 6 (5.0 acres, FLUCFCS 6121) Mangrove Swami) Disturbed This wetland is located east of the Gordon River and immediately west of the Naples Airport. Wetland 6 is connected to Gordon River to the north and west. This system is of medium quality due to the presence of nuisance /exotic vegetation and fallen trees. Wildlife is expected to utilize this wetland often for foraging and nesting purposes; a Yellow- crowned Night heron (Nyctanassa violacea) and Brown Pelican (Pelecanus occdentalis) were observed. Vegetation present in the wetland canopy includes Australian pine, red mangrove, buttonwood, black mangrove, and cabbage palm. A sub - canopy is present along the edge of the wetland and is comprised of Brazilian pepper, seagrape (Coccoloba uvifera), and wild lime (Zanthoxylum fagara). Species found in the herbaceous stratum include giant leather fern, golden leather fern, oyster plant (Tradescanda spathacea), scorpion's tail (Heliotropium angiospermum), seashore. paspalum (Paspalum vaginatum), pineland heliotrope (Heliotropium polyphyllum) and grapevine (Vitis rotundifolia). The soil is classified as Durbin and Wulfert Mucks, frequently. flooded, and Hallandale fine sand which are included on the list of hydric soils for Collier County (Exhibit 5). ii. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the project design improves/affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s)for the site The seasonal & historical high water levels at this site are affected by a variety of factors, including but not limited to, salt water tides, drainage from the adjacent parcels, rainfall, and the construction, drainage, and management of the main Golden Gate Canal by the SFWMD. Table 2 below summarizes the current SHWLs onsite which were determined by the edge elevation of the wetlands as no biological indicators were observed. Historically, the SHWL were lower as areas that are currently wetland were historically upland. The Applicant does not expect the control elevations to be altered as all the wetlands, except Wetland 4, are tidally influenced and no stormwater ponds are proposed. Page 12 of 31 m u 1. 41 a „+ csaWi . Ti Invotinnc by Wetland Wetland ID. Mean GVD) Median GVD WL -1 (eastem ) 1.5' 1.4' WL -2 (north) 1.9' 1.8' WL -2 (north) 1.5' 1.6' WIr2 mid 1.5' 1.5' WL-2 (mid) 1.2' 1.1' WL -2 (south) 1.5' 1.5' WL 3 1.4' 1.1' WL-4 1.3' 1.3' VVL -5 1.5' 1.5' WL-6 north 2.2' 2.0' WL-6 north) 2.2' 2.1' iii. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on site. Describe how impacts to wetlands have been minimized Permanent wetland impacts to 2.15 acres (Exhibit 13) are expected for. the construction of • the North Park Node. Boardwalks an4 bridges will create temporary construction and shading impacts to 2.08 acres. Impacts for the construction impacts for a drainage pipe to a stormwater biotreatment swale will affect 0.44 acres of wetlands. The bioswale will receive untreated stormwater runoff from Golden Gate Parkway and treat the runoff to improve water quality in the Gordon River. The canoe/kayak launch channel will impact 0.21 acres of Wetland 3, minimized by only proposing a narrow channel to the upland -cut launch The environmental design of the project has been balanced between minimization of wetland impacts and the simultaneous need to protect listed species, e.g., gopher tortoise, habitat. The North Park Node has been sited in wetlands of poor quality as close to Golden Gate Parkway as. possible to minimize access - associated impacts and secondary impacts to Wetland 2. All boardwalk construction on the project will minimize construction related impacts to the extent practicable and shading impacts through construction of boardwalks 5 feet above surface elevations to allow light penetration underneath. iv. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU district, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU distric4.and where higher quality wetlands are being retained on -site, provide justification based on the Uniform Mitigation Assessment Method 0 Page 13 of 31 0 The Uniform Mitigation Assessment Method (UMAM) pursuant to 62 -345, Florida Administrative Code, incorporates the wetland impact acreages and the quality of the wetland pre- and post - development to compute quantitative compensation acreage, if any. As tentatively agreed to by the SFWMD, the necessary lift units needed to offset the loss units associated with the impacts to the Gordon River Greenway Park wetlands will be mitigated for through the enhancement of on -site wetlands (Exhibits 12 and 14). Table 3 provides a summary of the preliminary UMAM analysis, which resulted in 1.992 units of loss and 8.194 units of potential lift, for a total net gain of 6.202 units of lift if all wetlands were enhanced. Additional mitigation could occur through the preservation of and nuisance/exotic species removal in the uplands; however, compensation credit for these activities is not requested. Table 2: UMAM Impact Analysis Summary Wetland Pre - Construction Post - Construction Acreage Functional Gain UMAM Scores UMAM Scores or Loss ( -) WL 2 Impact - 0.67 0.57 1.74 -0.174 Boardwalks WL 2 Impact- 0.67 0.00 2.59 -1.74 North Node and Drainage Conveyance WL 3 Impact - 0.57 0.27 0.21 -0.063 Dredge WL 3 Impact- 0.57 0.47 0.04 -0.004 Boardwalk WL 6 Impact - 0.56 0.50 0.18 -0.011 Boardwalk WL 2 Mitigation 0.67 0.80 56.27 5.85 WL 3 Mitigation 0.57 0.70 0.95 0.124 WL 4 Mitigation 0.50 0.80 0.63 0.15 WL 5 Mitigation 0.67 0.80 12.54 1.30 WL 6 Mitigation 0.57 0.73 4.82 0.77 Potential 6.202 Functional Gain Enhancement of the onsite preserved wetlands and uplands will include removal of nuisance and exotic species of plants, particularly Brazilian pepper, melaleuca, Australian pine, and downy rose myrtle from uplands and the tidally - influenced and inland wetlands, which will greatly improve the long -term sustainability and habitat of the areas. Page 14 of 31 Subsection f Surface and Ground Water Management Provide an overall description of theproposed water management system explaining how it works, the basis of design, historical drainage flows, off -site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability, Wet Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water. The water quality feature being designed by Kimley -Horn and Associates, Inc. will receive storm water runoff from the currently untreated drainage system along Golden Gate Parkway. This runoff will be directed through a mechanical BMP where sediment, oil and grease will be removed. The remaining runoff will then be conveyed to the park through a buried pipe to a bioswale in uplands. Once on the park property, the runoff will be collected.in a bio spreader swale located in the buffer between existing wetlands and uplands. The storm water runoff will accumulate until reaching the over flow elevation and then slowly dissipate across the existing wetlands west to Gordon River. Nutrients within the storm water runoff will be assimilated by the wetland plants yielding less nutrient enriched runoff discharging to Gordon River than currently exists. Kinley -Horn and Associates, Inc. will also perform stormwater management design for the two (2) park nodes, and these systems will consist of dry retention and will meet all applicable permitting criteria. ii. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre - development conditions. This analysis is required for projects impacting S or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. Not applicable as less than five acres of wetland will be impacted. However, unlike most current systems, the water quality management system for this project expects to accept untreated stormwater from offsite (Golden Gate Parkway) and divert it to the Gordon River Greenway Park water management system and provide storage and treatment. This system is designed to provide an overall net increase in water quality from the onsite and offsite stormwater diverted to the system. iii. Identify any Wel yiield Risk Management Special Treatment Overlay Zones (WRM -ST) within the project area and provide amanalysis for how the project design avoids the most intensive land uses within the most sensitive WRM -S7"s. The site has WRM -ST 1, WRM =ST 2, WRM -ST 3, and WRM -ST 4 overlays within the project boundaries. Exhibit 10 reflects the ST Overlay map obtained from the Collier County GIS department. The project is designed in accordance with section 3.06 of the LDC, and the necessary precautions will be made to ensure that these zones a shall be protected from the discharge or accidental release of contaminants from a sanitary hazard or other Page 15 of 31 0 contaminant source, including the discharge or accidental release of hazardous products and hazardous wastes. Subsection g. Listed Species Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife. Service. State actual survey times and dates, and provide a map showing the locations) of species of special status identi, fed on -site ENTRIX conducted a review of existing public databases and literature using the United States Fish and Wildlife Service (FWS) county - specific database; Florida Fish and Wildlife Conservation Commission (FFWCC) online databases for wading birds, Florida Committee on Rare and Endangered Plants and Animals (FCREPA) texts, Florida Natural Areas Inventory (FNAI) online database, and a variety of other sources based on suitable habitat available on -site. compared to species whose geographic range overlap Collier County. Table 4 summarizes the listed wildlife species surveyed per the Standardized State- Listed Animal Survey Procedures for SFW M ERP Projects (Beever, August 2005). Following Table 4 is a discussion of those species that were verified on -site or thought to occur within the project limits. Exhibit 15 depicts all the listed species observed onsite. Table 3: State and Federally Listed Species Surveyed at Gordon River Greenway'Park, Collier County: Common Name Scientific Name Listed Status Typical Habitat Utilized Probability of Occurrence Reptiles/Amphibians American Crocodile Crocodylus acutus E Estuaries and bays LOW Broad range of habitats Eastern Indigo Snake Drymarchon couperi T including scrub and sandhill High to wet prairies and mangrove swamps Dry upland habitats — sandhills, scrub, xeric oak Gopher Tortoise Gophems polyphemus T hammock and dry pine Observed flatwoods. Also noted to occupy disturbed habitats and pasturelands Gopher Frog Lithobates capito SSC Dry uplands — sandhill, Not Likely flatwoods and scrub Mammals Variety of forested habitats Big Cypress Fox Sciurus niger T w/ moderately to dense Highly Squirrel avicennia understory — pine flatwoods, Likely cypress swamps and hardwood hammocks Everglades Mink i Mustela vison I T' Wetland communities Not Likely evergladensis including salt and freshwater Page 16 of 31 Page 17 of 31 4) 0 • marsh, and cypress and hardwood swamps American Haematopus palliates SSC Variety of forested Low Florida Black Bear Ursus americanus T communities are necessary including forested wetland Not Likely floridanus (diurnal cover) and baygalls for cover and dens Black Skimmer Eumops glaucinus SSC Roosts in palms and hollow Low Florida Mastiff Bat floridanus ST trees, forages over variety of Low habitats Large tracts of forested lands Florida Panther Parma concolor corgi E including large wetlands for Not Likely diurnal refuge Abundant grasses at edge of Sherman's Short- tailed Blaring carolinensis SSC basin and depression marshes Not Likely Shrew shermani E and mesic flatwoods Not Likely Trichechus manatus Coastal water, bays and rivers Florida Manatee (West latirostris (syn. E including warm water refugia High Indian Manatee) Trfchechus manatus) T (springs and cooling effluent) Not Likely y Birds Page 17 of 31 4) 0 • Large areas of beach, sandbar, mud flats and American Haematopus palliates SSC shellfish beds for foraging; Low Oystercatcher and open, sandy area for nesting Coastal waters including Black Skimmer Rynchops niger SSC beaches, bays and estuaries for foraging; sandy beaches Low for nesting Coastal areas for feeding in shallow estuaries and Brown Pelican Pelecanus occidentalis SSC offshore; sand spits and bars for roosting; small island and High bays for nesting in trees or on the ground Large open freshwater Everglades Snail Kite Rostrhamus sociablilis plumbeus E marshes and lakes where Not Likely apple snails persist Florida Burrowing owl Athene cunicularia SSC High oun' dsparsely vegetated sand Low Florida Sandhill Crane Grus canadensis T Prairies, freshwater marshes Not Likely y ratensis and pasture lands Florida Scrub jay Aphelocoma T Sand live oak, scrub -and Not Likely coerulescens scrubby flatwoods Coastal areas including Least Tern Sterna antillarum T beaches, lagoons, bays and Moderate estuaries; beach nesting Mangroves, freshwater Limpkin Aramus guarauna SCC marshes, swamps, springs, Not Likely onds and river margins Shallow freshwater, brackish and saltwater for foraging; Little Blue Heron Egretta caerulea SSC nests in cypress, willow, High maple, black mangrove among other trees ecies Page 17 of 31 4) 0 • • Page 18 of 31 Open sandy beaches on tidal Piping Plover Charadrius melodus T mud flats and sand flats along Not Likely coastal areas Red - cockaded Open, mature slash pine woodpecker Picoides borealis FE woodlands w/ diversity of Not Likely grass, forb and shrubspecies . Reddish Egret Egretta rufescens SSC Coastal tidal areas; nesting on High mangrove ors oil islands Marine tidal and freshwater Roseate Spoonbill Platalea ajaja SSC Ponds and marshes; colonial High nester in mangrove and spoil islands Permanently seasonal flooded Snowy Egret Egretta thula SSC wetlands; nests in coastal and High island wetlands Charadrius Dry, sandy beaches, foraging Snowy Plover alexandrines T in the intertidal zone and Not Likely nesting in sand depressions Open pine habitats, woodland Southeastern Falco sparverius T edges, prairies and pastures; Not Likely American Kestrel paulus nests in tall snags or utility poles Coastal environments feeding in freshwater and saltwater Tricolored Heron Egretta tricolor SSC permanent and seasonal High wetlands; nests on mangrove islands or willow thickets Wide variety of fresh and White This Eudocimus albus SSC saltwater habitats; nests in High variety of trees and shrubs near the ground Shallow freshwater areas and tidal creeks where prey is Wood Stork Mycteria americana E concentrated; colonial nester High in inundated forested wetlands Plants DACS Golden leather Fern Acrostichum aureum E Mangrove forests and other Observed wetlands Curtiss' Milkweed Asclepias curtissii E Scrub habitat High Sand -dune Spurge Chamaecyce E Coastal dunes Moderate cumulicola Wild cotton Gossypium hirsutum E Coastal strand and lower Low coastal plains Pineland Jacquemontia Jacquemontia E Along sunny rock ledges in Low curtissii inelands Gulf Coast Lantana Lantana depressa var. E Dunes and sandy ridges, Low sanibelensis coastal grasslands Nodding pinweed Lechea cernua T Sandhills and scrub High Spreading pinweed Lechea divaricata E Scrub and scrubby flatwoods Moderate Lakela's pinweed Lechea lakelae E Scrub and flatwoods Low Carter's Large- Linum carteri var. E Pine flatwoods and adjacent Low flowered smallii disturbed areas Page 18 of 31 Flax Date Time Amber G. Whittle, Craig N. 3/2512008 Simpson Stopper Myrcianthes fragrans var. sim sonii T Pinelands Moderate Bahama Brake Fern Pteris bahamensis T Open pinewoods LOW Wild Coco Pteroglossaspis ecristata T Transitional areas between wet prairies and scrub Moderate Florida Royal Palm Roystonea elata E Hammocks Low Scrub Stylisma Stylisma abdita E Open areas of sand pine scrub High Banded Wild Pine Tillandsia flexuosa E Coastal habitats Observed Fuzzy -Wuzzy Air- Plant Tillandsia pruinosa E Branches of trees in cypress swamps Low Toh1P d• T.lefoA QnPAAe QnrvPv 7 •nIPQ Anil nAiPQ ENTRIX Ecologists Date Time Amber G. Whittle, Craig N. 3/2512008 7:00— 17:00 Huegel, Daniel D. Somodi Thomas W. "Bill" Hentges, 3/27/2008 7:15 —16:30 Natalie K. Balcer, Victoria A. Fera, Paul Irvin, Daniel D. Somodi, David Williamson Natalie K. Balcer, Victoria 4/1/2008 7:00 —17:00 A. Fera, Daniel D. Somodi, Michael N. Kirby Thomas W. `Bill" Hentges, 4/3/2008 6:45 —16:30 David Williamson, Daniel D. Somodi, Natalie K. Balcer, Victoria A. Fera, Michael N. Kirby Daniel D. Somodi, Michael 4/8/2008 6:45 —16:30 N. Kirby Daniel D. Somodi, Michael 4/9/2008 7:15 -17:15 N. Kirby Daniel D. Somodi, David 4/18/2008 7:00 - 16:30 Williamson, Michael N. Kirby Thomas W. "Bill "Hentges, 4/24/2008 6:30— 17:00 Daniel D. Somodi, Michael N. Kirby Thomas W. "Bill" Hentges, 4/25/2008 7:00.— 17:00 Daniel D. Somodi & Michael N. Kirby Thomas W. "Bill" Hentges 4/29/2008 7:00— 16:45 Thomas W. `Bill' Hentges, 5/2/2008 6:45-17:30 David Williamson, Michael N. Kirby Thomas W. "Bill" Hentges, 5114/2008 6:45 —16:30 Amber G. Whittle, Daniel D. Somodi Michael N. Kirby 5/16/2008 7:00 —13:00 Michael N. Kirby 5/23/2008 7:00— 14:00 Thomas W. "Bill" Hentges, 6/24/2008 6:45 -16:30 Page 19 of 31 • • Amber G. Whittle, Patricia M. Hobson Thomas W. `Bill" Hentges 1/15/2009 7:00 —16 :30 Amber G. Whittle 2/18/2010 11:00-14:30 Raymond K Loraine Victoria A. Fera 8/27/2010 9:00 —10:15 ii. .Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. American Crocodile The American crocodile (Crocodylus acutus) is a federally Endangered species whose national range is restricted to the coastal areas of extreme South Florida. Habitat within this geographical area consists primarily of mangrove swamps, low- energy mangrove - lined bays, creeks, and inland swamps; habitat which occurs over a large portion of the Gordon River Greenway Park project area. Although the habitat structure found along the Gordon River and Golden Gate Canal is suitable to this species, it is very unlikely that the project site supports American crocodiles. The current known breeding range of this highly monitored species is confined to the southern tip of Florida, between south Biscayne Bay and Cape Sable. Observations of this species on the west coast have always been rare, but the project site is within the geographic historic range. As such, the probability of this species is low and its presence confined to wandering individuals; not breeding adults. According to the FWS's American Crocodile Consultation Area Map, the Gordon River Greenway Park project lies within the Service's required consultation area. Therefore, the COE will request that the FWS review the proposed project for its potential impact on this species. All proposed impacts to the Gordon River and Golden Gate Canal for the construction of bridges or public canoe/kayak launches are minor and/or temporary and will, therefore, have minimal impact to potential American crocodile habitat. As the overall proposed project seeks to conserve and enhance the mangrove swamps along Gordon River and the Golden Gate Canal, it should produce a net positive gain in overall habitat value and contribute to the overall conservation of American crocodile habitat. A determination that the project' May Affect, but is Not Likely to Adversely Affect" is appropriate for this species. Eastern Indigo Snake The eastern indigo snake (Drymarchon couperi), a federally Threatened species, uses a wide variety of habitats in peninsular Florida and may be expected to occupy almost any tract that contains potentially suitable habitat. Typically, within this area of South Florida, the eastern indigo snake is found in scrubby and pine flatwoods areas with groundcover consisting of palmetto near water, or tropical hammocks, and frequently uses gopher tortoise burrows as refuges. Based on current site characteristics, the amount of suitable habitat throughout the proposed Gordon Greenway Park, and the dense population of gopher tortoises present on site, the probability of eastern indigo snake occurring on site is high. Increasingly, the FWS requests implementation of Standard Protection Measures for the Eastern Indigo Snake to minimize potential impacts to the snakes during site clearing and construction. Typically, these measures include education of heavy equipment operators Page 20 of 31 to identify and avoid eastern indigo snakes, requirements that all work stop if an eastern • indigo snake is observed, and having an on -call biologist to oversee the construction in potentially suitable habitat. As the Applicant is committed to implementing these measures and the project proposes minimal adverse impacts to the habitat typically occupied by this species, a determination that the project "May Affect, but is Not Likely to Adversely Affect" is appropriate for the eastern indigo snake. Gopher Tortoise The gopher tortoise is a state Threatened species that occupies a variety of open, upland habitat characterized by well- drained, sandy soils, some of which are found within the upland areas of the Gordon River Greenway Park project site.. At the request of Collier County and in preparation of planning the park's future layout, ENTRIX ecologists conducted a 100 percent survey (March -April 2008) of the project area to determine the presence of this species. Evidence of gopher .tortoises was observed in the scrubby flatwoods w/ <50% downy rose myrtle (FLUCFCS 3271), scrubby flatwoods w/ >50% downy rose myrtle (FLUCFCS 3272), and the disturbed lands (FLUCFCS 740) immediately south of the Naples Zoo (Exhibit 15). A total of 119 active burrows, 87 inactive burrows, and 110 abandoned burrows were documented by ENTRIX ecologists. As such, the presence of gopher tortoises on the proposed project will be addressed through the appropriate permitting option with the FFWCC to ensure that nature trail and boardwalk construction does not result in unauthorized impacts to gopher tortoises. A Gopher Tortoise Habitat Management Plan is attached as Exhibit 16. Gopher Fro he gopher frog (Lithobates capito), a state Species of Special Concern, is an obligate burrow commensal of gopher tortoises. It is very unlikely that gopher frogs • are present within the project site due to the absence of freshwater ephemeral wetlands needed for breeding. If present, however, the population is likely very low and likely limited to the scrubby flatwoods with <50% downy rose myrtle understory (FLUCFCS 3271) heavily used by gopher tortoises. Additionally, permitting solutions to resolve gopher tortoise/development conflicts will simultaneously address the conservation requirements of any gopher frogs on the site. If required, this state permitting would take place prior to initiation of clearing and construction in occupied gopher tortoise habitat Bis Cvnress Fox SauirrelThe Big Cypress fox squirrel (Sciurus niger avicennia), a state Threatened species, prefers pine- and oak - dominated communities with an open, herbaceous understory for nesting and foraging. Habitat similar to this occurs within the scrubby flatwoods with <50% downy rosemyrtle (FLUCFCS 327 1) and the adjacent Bear's Paw Golf Course. Two fox squirrels (likely a breeding pair) were observed on several occasions foraging within the adjacent golf course, but none were observed within the proposed Gordon River Greenway Park site. It is likely, however, that these animals make periodic use of the project site. According to current State guidelines, active Big Cypress fox - squirrel nests cannot be destroyed during site development. Fox squirrels nest twice a year (January to June and August to December) with July normally being a non - nesting month. Therefore, if fox squirrels are documented within the limits of any proposed clearing for the placement of facilities or boardwalks in the future, the Applicant is committed to inspecting each potential nest tree prior to initiating clearing activities to confirm that no fox squirrel nests are being impacted. Based on the scope of work proposed within the Gordon River Greenway Park project, however, the construction of park facilities, stormwater treatment ponds, and boardwalks, as well as efforts to improve habitat quality are not anticipated to Page 21 of 31 significantly impact Big Cypress fox squirrels or their habitat. A Big Cypress Fox Habitat Management Plan is attached as Exhibit 17. Everslades Mink The Everglades mink (Mustela vison evergladensis) is a state Threatened species that prefers a wide variety of shallow, freshwater wetland communities found in the regions surrounding the Everglades and Big Cypress Swamp. Habitat such as this is not found within the Gordon River Greenway project site and it is unlikely that this species is present within the project area. As such, the project is unlikely to impact Everglades mink. Florida Black Bear The Florida black bear (Ursus americanus floridanus), a subspecies of the black bear (Ursus americanus), is a state Threatened species predominantly found in six core and two remnant populations within the state. According to the FFWCC Florida Black Bear Distribution Map (2004), the closest core population is the Big Cypress. Swamp in Collier County ( FFWCC, 2004), located 20 miles east and southeast of the proposed project site. The Florida black bear requires large tracks of contiguous forest habitat that includes scrubby pine and pine flatwoods, hardwood and mixed hardwood forests, and tropical - forest habitats for foraging and reproduction. Based on current site conditions and the isolated location of the proposed project within the developed Naples area, it is unlikely the Florida black bear occupy the site. Nevertheless, ENTRIX ecologists remained vigilant for distinct signs that Florida black bear were present (i.e., tracks, droppings, dense, or tree scraping and biting). None were observed during numerous site visits. Because of the remote probability that black bear might use the site in the future, it is unlikely that the FFWCC would require restrictions on the proposed project because of this species. Florida Mastiff Bat The Florida mastiff bat (Eumops glaucinus floridanus), a state Threatened species, is restricted to the southern region of the Florida peninsula. Little is known of the habitat requirements and current, distribution of this bat. Researchers have infrequently documented individual or small colonies of roosting bats occupying natural cavities within pinelands, Spanish -style roof tiles, or other manmade structures. In December 2002, a small colony of Florida mastiff bats was documented for the first time roosting in a single- chambered bat house placed in a residential North Fort Myers yard (Lee County). Because of its possible presence within the study area, ENTRIX ecologists remained vigilant for signs of natural cavities that could potentially be used by this species. Due to the cryptic nature of the Florida mastiff bat, however, no individuals were observed during the fifteen+ days of fieldwork and no cavities were identified as suitable roosting locations. We do not believe that the project will affect the Florida mastiff bat, however, we recommend that single - chambered bat houses be placed throughout Upland Area 1 to enhance any possible existing population of this bat or to encourage its future presence, if this is determined to be desirable. Florida Panther The Florida panther (Puma concolor coryi) is a federally Endangered species found primarily in extreme South Florida. Based on extensive radio telemetry data collected during the past several decades, this species uses a wide range of habitats that include cypress swamps, hardwood hammocks, pine flatwoods, seasonally flooded prairies, freshwater marshes, and agricultural lands throughout south Florida including. Collier Page 22 of 31 County. As a result, ENTRIX ecologists remained vigilant for signs that panthers are present within the Gordon River Greenway Park project site (i.e., scat, tracks, and tree scrapings). No evidence of this species was observed. According the FWS's revised Florida Panther Effect Determination Key (February 19, 2007), the Gordon River Greenway Park project site falls outside the Focus Area of the Florida panther. Given the highly urbanized nature of the landscape surrounding the Gordon River project site and the limited. acreage of habitat suitable to panthers onsite, it is our professional opinion that the project will not impact the Florida panther. Therefore, a "No Effect" determination is warranted for this species. Sherman's Short- tailed Shrew Sherman's short- tailed shrew (Blarina carolinensis shermani) is currently considered a subspecies of the non - listed short tailed shrew (Blarina carolinensis) and a state Species of Special Concern that prefers moist forests, shrubby habitat, and dense herbaceous habitats, some of which occur on the proposed project site. The taxonomy of this subspecies is very confused and there is question as to its validity. As such, the current taxonomy is only provisionally used. If this is a valid subspecies, Sherman's short- tailed shrew seems to have been extirpated from the type locality, near Ft. Myers, Lee County. The subspecies has not been verified to occur within 10 miles of this location despite intensive trapping efforts over the past 50 years and little is known of its historical range or ecology. It has never been documented within Collier County, but its presence within the project site is possible based the types of habitat present and its similarity to that found at the type locality in Lee County. It is highly unlikely that the proposed project will affect this species. i West Indian Manatee The West Indian manatee (Trichechus manatus), is a federally Endangered species commonly found in coastal, estuarine, and in riverine habitats near coastal areas. Manatees require access to freshwater sources, vascular aquatic plants for foraging, channels of minimum 6 -foot depth for movement, and access to natural springs, coves, and warm -water refugia for foraging; mating, and wintering. All of these conditions are found within the Gordon River and Golden Gate Canal areas. The extensive Golden Gate Canal system, dredged in late 1960's, allows boating access to the Gulf of Mexico for several single- and multi - family developments. This canal system flows into Naples Bay.. The West Indian manatee is drawn to and capable of accessing the inland canal system, rivers, and bays near the project site to feed, calve, and mate. According to the Collier County Manatee Protection Plan (May, 1995), the Golden Gate Canal/Gordon River area is not a significant area for manatee population concentrations or mortality within the County. As such, this region has been designated as a "Slow Speed" zone year round, including the channel (68C- 22.023(1)(c)2. Naples Bay south of Gordon River is designated as an "Idle Speed" zone all year round including the channel (68C- 22.023(1)(b)1). According to the FFWCC Research Institute's 2007 Manatee Mortality Report, three (3) manatee deaths occurred within a one (1) mile radius of the project boundary. None of these mortalities were attributed to boating collisions or other human - related causes, but were natural or prenatal causes. Page 23 of 31 • Based on these results, the impact to manatees and their habitat should be minimal. Impacts are largely confined to those associated with the construction of an elevated boardwalk through a portion of the coastal mangrove forest and a pedestrian bridge across the Gordon River. Installation of these structures and selection of materials will use Best Management techniques to minimize impacts to the surrounding habitat. Footers for the pedestrian bridge will be installed in the adjoining mangroves to avoid any construction or obstruction within. Gordon River that might impact manatees or their movements. Although potential negative impacts to manatees are minimal, the Applicant is committed to implementing the FFWCC's Standard Manatee Conditions for In -Water Work (July 2005) for all bridge and boardwalk work conducted within Gordon River to ensure the safety of manatees.' Therefore, a determination that the project "May Affect, but is Not Likely to Adversely Affect" is appropriate for the West Indian manatee. A West Indian Manatee Habitat Management Plan is attached as Exhibit 18. American Oystercatcher The American Oystercatcher (Haematopus palliatus) is state - listed Species of Special Concern that requires extensive, unpopulated natural beaches, coastal islands, mud flats, and sandbars, for foraging, roosting, and nesting. Habitat suitable to support foraging American oystercatchers is moderately present along the shorelines within Golden Gate Canal and Gordon River, however, suitable nesting habitat is not present. Currently, the proposed scope of work for the proposed Gordon River Greenway Park project site does not propose impacts to estuarine systems that would directly or indirectly affect foraging opportunities of the American Oystercatcher. Therefore, it is unlikely that this species will be negatively affected by the project. Black Skimmer The Black Skimmer (Rynchops niger) is a state Species of Special Concern that requires high- quality estuarine and coastal habitat for foraging and open, undisturbed sandy beaches, sandbars, and mud flats for breeding and loafing. Throughout Florida, black skimmers are also known to rely heavily on dredge- material and small coastal islands for successful breeding and nesting. Current site conditions within the Gordon River Greenway Park, however, lack sandy beaches, sandbars, and other potentially suitable nesting and loafing habitat, but foraging opportunities exist along the shore of the Gordon River and Golden Gate Canal during low -tide events. Because of this, the species might be occasionally present within the project area. As potential foraging habitat for this species will likely be enhanced as a result of the proposed project, it is unlikely that the project will negatively affect this species. Brown Pelican The Brown Pelican (Pelecanus occidentahs) is a state Species of Special Concern that requires coastal, mangrove islands for breeding and open saltwater areas for foraging. Limited suitable nesting habitat was observed within the proposed Gordon River Greenway Park site within a small mangrove island currently used as a rookery site by Yellow- crowned Night Herons (Nyctanassa violacea). Extensive foraging opportunities exist within the Gordon River and the Golden Gate Canal. As the rookery site will not be impacted by the proposed project and potential foraging habitat for this species will likely to be enhanced, it is unlikely that the proposed .project will negatively affect this species. Page 24 of 31 0 Evernlades Snail Kite The Everglades Snail Kite (Rostrhamus sociablilis plumbeus) is a federally Endangered species that requires shallow, freshwater wetlands and marshes, and littoral shelves of large lakes conducive to supporting apple snails (Pomacea paludosa); their major prey item. Snail kites also rely on woody vegetation such as willow, cypress, and pond apple that overhang suitable open water foraging areas for nesting and roosting. Based on current site characteristics, no suitable foraging or nesting for this species is available at the proposed project site. In addition, according the USFWS South Florida Ecological Service's website, the proposed project does not occur within USFWS Everglades Snail Kite Consultation Area or an area designated as Critical Habitat for this species. As such, it is our professional opinion that the project will not affect the Everglades Snail Kite, warranting a "No Effect" determination. Florida Burrowing Owl The Florida Burrowing Owl (Athene cunicularia floridana) is a state Species of Special Concern that occupies well - drained, open grasslands, pastures, and pinelands in which to excavate their burrows. Such habitat is not common within the proposed Gordon River Greenway Park project site. Despite the lack of suitable habitat, ENTRIX ecologists remained vigilant for this species while on site. No Florida burrowing owls or their burrows were observed and it is our professional opinion that the species is absent from this site. Currently, state guidelines do not require a permit for Florida Burrowing Owls if construction activities will avoid active burrows by more than 50 feet. If burrowing owl burrows cannot be avoided, however, a take permit from the FFWCC is required. Frequently, issued permits require that the burrow only be destroyed during the non - nesting season and that mitigation, in the form of creating a starter burrow with a T- perch, be placed near the original burrow following completion of the project. Florida Sandhill Crane The Florida Sandhill Crane (Grus canadenAs pratensis) is state Threatened species that requires freshwater marshes and littoral vegetation in open -water habitats for nesting and prefers open rangeland and prairies for foraging. No nesting habitat occurs within the proposed the Gordon River Greenway Park project site. Although some nesting habitat may be present within the adjacent golf course, northeast of the project site, current site conditions within the project area are not conducive for foraging sandhill cranes. It is unlikely, therefore, that Florida Sandhill Cranes would use the project site and proposed activities are unlikely to.affect them. Florida Scrub -Jay The federally Threatened Florida Scrub jay (Aphelocoma coerulescens) prefers xeric scrub or scrubby flatwoods habitat that occurs on well - drained, sandy soils, some of which was observed in Land Use code 3271 of the Gordon River Greenway Park project area (Exhibit 3). Based on current distribution information for this species, however, the proposed project site is more than five miles south of any known occupied Florida scrub - jay territory; well beyond the typical dispersal range of this species. Additionally, the Florida Scrub jay generally requires a minimum territory of 25 acres within high quality habitat and significantly greater area in lower quality habitat. The project area currently does not provide the minimal area of scrubby flatwoods necessary to meet the habitat requirements of this species and it is surrounded by developed lands sever@ly restricting Page 25 of 31 a • colonization by emigrating birds from outside colonies. Nevertheless, ENTRIX ecologists remained vigilant for the presence of this species during fifteen+ days of fieldwork conducted the proposed site. No Florida Scrub jays were observed. Based on this result and the existing site conditions, a "No Effect" determination is warranted. Least Tern The Least Tern (Sterna antillarum) is a state Threatened species that forages in a wide variety of open -water habitats, but requires very specific nesting habitat: open sandy or gravel beaches or flat graveled rooftops. No such nesting habitat was observed at the proposed project site. Although least terns may potentially forage within the open waters of the project area, it is highly unlikely that nesting would occur. As such, the proposed development of the proposed project site should not affect this species. Listed Wading and Water Birds Wood Stork Limpkin Roseate Spoonbill Little Blue Heron Snowy Egret Tricolored Heron White This Reddish Egret With the exception of the federally Endangered wood stork, all of the birds listed above are Florida Species of Special Concern. During the extensive fieldwork conducted by ENTRIX ecologists as part of this project, several listed and non - listed wading birds were observed foraging within the exposed and mangrove- dominated shorelines along the Gordon River and Golden Gate Canal, but not on the project site. No nesting by listed wading birds was observed, but a small rookery of non - listed A review of the FFWCC online waterbird nesting database, revealed that only one wading bird colony was located within five (5) miles .of the project boundary, and this colony has been inactive during the past decade. It is unlikely that nesting by any listed wading bird might occur elsewhere on the project site within the mangrove - dominated wetlands along Gordon River. The project boundary, however, is within the 18.6 -mile core foraging area (CFA) of some of the most significant Wood Stork nesting colonies in southwest Florida; especially those at Corkscrew Swamp Sanctuary. As such, the FWS will seek to minimize adverse impacts to Wood Stork foraging habitat by requiring compensation based on replacing any lost function provided by each wetland type impacted within the boundary of the project area. Wetland impacts must be compensated by offering compensation of the same hydroperiod, or through purchase of wetland credits within a "Service Approved" mitigation -bank. The proposed project produces impacts to Wood Stork core foraging habitat by construction of a pedestrian boardwalk through wetlands adjacent to the Gordon River, construction of two 10 -foot pedestrian bridges over the River, construction of a parking node, temporary impacts for construction of a drainage conveyance bioswale, and dredging a channel through existing wetlands to connect the Gordon River to a kayak drop and tidal lagoon. The total acreage of these wetland impacts are 6.8 acres. . Page 26 of 31 Compensation for these proposed impacts will consist primarily of extensive wetland habitat improvement, resulting from the eradication of nuisance non -native vegetation project -area wide and its long -term management. Currently, wetlands located throughout the project area are virtually unavailable to Wood Stork foraging because of the dense cover caused by the invasion of these systems by nuisance non - natives. The total acreage of wetland enhancement proposed is 73.17 acres. Based on direction provided by the FWS in their South Florida Programmatic Concurrence for the Wood Stork (November 9, 2007), the extensive habitat improvement proposed should be considered adequate mitigation for the minor impacts resulting from the proposed construction and should warrant determination that the project "May Affect, but is Not Likely to Adversely Affect" the Wood Stork. Similarly, the project is not likely to negatively impact the foraging habitat of state - listed wading birds and is likely to improve foraging opportunities project -area wide. As such, the FFWCC are unlikely to request additional mitigation for these species. A Wading Bird Habitat Management Plan is attached as Exhibit 19. Yellow- crowned Night Heron The Yellow - crowned Night Heron (Nyctanassa violacea) is a regionally common, non- listed wading bird species. Their distribution is generally the eastern United States and northern portions of South America. It is a smaller wading bird species and has a distinctive yellow crown which derives its name. Yellow - crowned night herons in southern latitudes generally are residents, but also migrate periodically. Similar to other wading bird species, they forage along the shoreline of estuaries and other waterways. Feeding mainly at night, their prey consists of crabs, frogs and small fish as well as other food sources including insects. This species is a colonial nester in swamps and marshes. There is a Yellow- crowned Night Heron rookery on a small mangrove island at the southern extent of the project, located at the intersection of Gordon River and the Golden Gate Canal. Efforts have been made to locate the canoe/kayak launch site and bridge away from this rookery. As part of this project, we would recommend that signs be placed around the island to keep boaters away from the island. Red - cockaded Woodpecker The Red - cockaded Woodpecker (Picoides borealis) is a federally Endangered species. It prefers open and well - managed, mature pinelands with minimal woody understory. Very little suitable habitat for this species exists within the proposed Gordon River Greenway Park project site due to the distribution of dense downy rose myrtle. As a result, and based on current FWS data of known population distributions within the state, no species - specific surveys were conducted for this species. However, cavities used by this species are distinct and easily detected. ENTRIX ecologists were vigilant for any signs indicating that Red - cockaded Woodpeckers are utilizing the site (i.e. cavities or birds). No evidence of this species was detected. Based on .this result, the lack of suitable habitat present within the project area, and the lack of historical evidence indicating occupancy by this species, it is our professional opinion that a "No Effect' determination is warranted. Piping Plover The Piping Plover (Charadrius melodus) is a winter migrant, state.Threatened species found along coastal Florida, primarily on native beach habitats. Similar to the Peregrine Falcon, there is no evidence suggesting this species nests in Florida. While wintering along the Gulf Coast, the Piping Plover relies heavily on sandy and barrier beaches, sand Page 27 of 31 flats, mudflats, sandy mudflats, and lower beaches for foraging and upper beaches and berms for roosting. This habitat type is virtually absent along the shores of the proposed Gordon River Greenway Park project area. Therefore, it is unlikely that the project will affect this species. Snowy Plover The Snowy Plover (Charadrius alexandrinus) is a state Threatened species found year - round only along the west coast of Florida, the Gulf Coast of Texas and Mexico, and in Cuba. In Florida, the Snowy Plover's range reaches as far south as Marco Island and, therefore, includes the project area. This species requires undisturbed, open, and well - drained stretches of coastal sand for nesting and foraging. On occasion, it may also be found foraging on tidal mudflats, and creeks adjacent to suitable beach habitat. No habitat such as this was observed at the proposed Gordon River Greenway Park project site. As such, it is not anticipated that this species will be affected by the project. Southeastern American Kestrel Southeastern American Kestrels (Falco sparverius paulus), a subspecies of the migratory American Kestrel (Falco sparverius), is a state Threatened species that typically occupies open pinelands and herbaceous habitats such as prairie and improved pasture with widely scattered trees. The Southeastern American Kestrel nests in pine and oak snags, as well w cavities in such man -made structures as fence posts and telephone poles, throughout its range during April to June. Although habitat similar to this type occurs within and adjacent to the Gordon River Greenway Park, the Southeastern American Kestrel is not known to occur in Collier County and the proposed project area is more than 35 miles south of the southern boundary of its known range in extreme northern Lee and Hendry Counties. No kestrels were observed on site during the extensive fieldwork conducted by ENTRIX ecologists. Because of the marginal habitat for this species located within the general vicinity of the project site and its location well outside its recorded geographic range in Florida, it is unlikely that the proposed activities will impact Southeastern American Kestrel. Plants Two state - listed Endangered plant species were found within the project area; golden leather fern and banded wild -pine (Tillandsia flexuosa) (Exhibit 20): Golden leather fern is closely related to the common and wider ranging giant leather fern (A. danaeifolium) and it occupies similar habitat; mangrove swamps and brackish marshes. Golden leather fern has an extremely restricted range in coastal south Florida, but is relatively commonly encountered within this region. Within the project area, it was observed in several locations within the mangrove swamp habitat type. Banded wild pine is one of many species of epiphytic bromeliads. Its range in Florida is restricted to moist hammocks and forested wetlands in south Florida. It was once relatively common within this restricted range, but its population in Florida has been impacted by the recent accidental introduction of an exotic weevil (Metamazius callizona) that kills all species of bromeliads. Within the project site, banded wild -pine was uncommonly seen within the edges of interior forested wetlands. As neither of these areas are proposed for impact, no adverse impact is anticipated for these listed plants. Several other species are likely to occur within the scrub habitat found.on -site, but are often difficult to detect outside the flowering season. Without more extensive surveys conducted during appropriate survey periods, the following species should be considered Page 28 of 31 likely or moderately likely to occur within the scrub and downy rose -myrtle impacted scrub habitat types: Curtis' milkweed (Asclepius curtissit), sand -dune spurge(Chamaecyce cumulicola), nodding and pineland pinweed (Lechea cernua and L. divaricata, respectively), wild coco (Pteroglossaspis ecristata), and scrub stylisma (Stylisma abdita). Simpson stopper (Myrcianthes fragrans var. simpsoni) is most common as an understory component of coastal woodlands, but can occur in a variety of coastal habitats. Although very little typical habitat for this species occurs within the project area, its presence is possible. It is easily observed, however, throughout the year and none were seen. Other species listed in Table 4 are unlikely given the habitat found within the project site. No impacts to listed plants are likely given the proposed site plan. Proposed control of the downy rose -myrtle should open up significant habitat for many of the possible listed scrub species and proposed management of the uplands will enhance conditions for these species and allow them to persist long -term. iii.. Indicate how the project design minimizes impacts to species of special status. Describe the measures that are proposed as mitigation for impacts to listed species. The project has minimized impact to gopher tortoise habitat by locating the East Node parking in Wetland 2 adjacent to Golden Gate Parkway. Permitting for the relocation of gopher tortoises on the parcel adjacent to the zoo is being done by others under the . direction of Collier County. Impacts to wetland- dependent species habitat have been minimized through the siting of the required minor infrastructure in non - native uplands and moderate quality wetlands. Finally, the bridges and canoe/kayak launch have been located as far away form the Yellow- crowned Night Heron rookery as possible. iv. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. A Habitat Management Plan for the Florida Fish & Wildlife Conservation Commission threatened species, gopher tortoises and their expected commensals, is attached, Exhibit 16. Habitat Management Plans for the Big Cypress Fox Squirrel, West Indian Manatee, and Wading Birds are attached as Exhibits 17, 18, and 19, respectively. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission_ ( FFWCC) and the U.S. Fish and Wildlife Service ( USFWS), with regards to the project. Explain how the concerns of these agencies have been met. To date, the project has not been reviewed by the Florida Fish and Wildlife Conservation Commission or the U.S. Fish and Wildlife Service. A gopher tortoise relocation permit will be required from the FFWCC to address any gopher tortoise burrows potentially affected by the construction of the proposed paved nature trail. A copy of this permit will be provided to Collier County upon receipt. The USFWS will review the proposed project during the review of a U.S. Army Corps of Engineers Dredge and Fill Permit application pursuant to federal interagency coordination as required by section 7 of the federal Endangered Species Act. It is anticipated that the Service will require the project Page 29 of 31 • to comply with Standard Protection Measures for the eastern indigo snake and the West Indian manatee during any in -water work. Subsection h. Other For multi slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with the marina siting and other criteria in the Manatee Protection Plan. Not applicable. The only marine facility is a canoe launch area which is a passive canoe/kayak launch site, and does not contain multi - slips. ii. Include the results of any environmental assessments and/or audits of the property. If applicable, provide a narrative of the cost and measures needed to clean up the site. No prior or current environmental assessments and/or audits were provided by Collier County. Information suggests that WilsonMiller, Inc., CH2MHil1, and Turrell and Associates have all performed work on the property. iii. For sites located in the Big Cypress Area of Critical State Concern - Special Treatment (ACSC STS overlay district, show how the project is consistent with the development standards and regulations established for the ACSC ST. Not applicable. • iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution. Control Department and the Florida Department of Environmental Protection. • Not applicable. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area. Locate any known historic or archaeological sites and their relationships to the proposed project design. Demonstrate how the project design preserves the histork4archaeological integrity of the site. Please see the attached Exhibit 21, a 25 August 2008 letter from the State Division of Historical Resources that approved the Phase II evaluation submitted for the Gordon River Greenway Park and that did not require any additional historical or archaeological investigations on the property. Copies of Phase I and Phase 11 reports can be provided upon request. vi. Provide an analysis demonstrating that the project will remain fully functional for its intended use after a 6 -inch rise in sea level as required by the Growth Management Plan. Page 30 of 31 The Park features elevations between 2.75 and 3.50 ft (NGVD 1929). Assuming a six - inch rise in sea level elevation 0 (NGVD 1929), there will be no impact to the water quality function proposed for this project. . 5. Additional data. The County Manager or his designee may require additional data or information necessary in order to make a thorough and complete evaluation of the EIS and project. Not applicable. Page 31 of 31 • • • 11 • U TR E ■ N ■ ■ ■ I X Down W Earth omp to BUSI ssr DISCIPUNEISPECIALTY • Ecological and Environmental Assessments • Listed Species Censuses and Permitting • Project Entitlement • Wetland Resource Permitting EDUCATION • Interagency Basic Prescribed Fire School, 1992 • M.S., Zoology, University of South Florida, 1990 • B.S., Biology, University of Kansas, 1985 Raymond K. Loraine . PROJECT SCIENTIST SUMMARY OF QUALIFICATIONS Mr. Loraine has more than 25 years of experience and expertise in the areas of listed and non -game wildlife surveys, management, and permitting; natural communitylhabitat delineation and assessment; and environmental planning and permitting. He has prepared assessments, wildlife inventories, natural community mapping, and management plan recommendations for publicly and privately owned tracts of land up to 30,000 acres in size. Mr. Loraine's expertise is valuable throughout the life of the project, from pre - purchase assessments through design and permitting to project implementation. Mr. Loraine has contributed to the preparation of numerous Developments of Regional Impact (DRIs), Project Development and Environment (PD&E), and Sector Plan studies. He also has extensive experience in wetlands and wildlife permitting at the local, state, and federal levels. RELEVANT EXPERIENCE Project Manager_ Sriuranreee River Water Aanagement District Save Our Rivers Lands Environmental Assessment, Six North Florida CounfJes, Florida Mr Loraine served as project manager for the habitat identification and assessment, wildlife and listed plants surveys, and management recommendations on approximately 28,000 acres of land acquired by the Suwannee River Water Management District through the Save Our Rivers program. Project Manager - PhiNippJ Harbor Club, Sarasota Count)6 Florida Mr. Loraine served as project manager for local and state permitting of the conversion of two archaic private boat launching facilities into a single state -of- the-art dry storage facility serving 309 vessels. As part of agency negotiations leading to approval of the project, he established the baseline number of vessels in the facilities and demonstrated consistency with the Sarasota County Manatee Protection Plan. Lead EcoJogJst - Gopfier Tortoise Censuses, PermFt(ing and Lanai Management Recommendations on Walt Disney World, Orange and Osceola Counties, Florida Mr. Loraine served as lead ecologist in the sampling design, data collection and analysis, and permitting of a resolution to potential conflicts between gopher tortoises and the 20 -year build -out of approximately 28,000 acres at Walt Disney World. This application was one of the first in Florida to use closed - circurt- camera burrow inspection to determine accurate site - specific burrow occupancy rates. Mitigation for proposed impacts to tortoises was accomplished on the 8000 -acre Walker Ranch, purchased and donated to The Nature Conservancy by Disney. On -site relocation and habitat management was also used to minimize incidental take of individual tortoises, and BRA has provided continuing services to Disney in the management and accounting of its on -site tortoise populations. As part of this permitting effort, Disney also collabormed with University of Florida and Florida Fish and Wildlife Conservation Commission researchers in the study of Upper Respiratory Tract Disease Syndrome. rage La,o+w koymoae _twe_•_Tereo.F +p��saw�a�» 0 W, E N T R ix Down to Earth. Down to Business. Raymond K. Loraine Project Manager — Bald Eagle Monitoring, Management Plan Development, and Permitting, Throughout Florida . Mr. Loraine has served as project manager on more Haan 20 projects for which pre - development and development monitoring of nesting bald eagles, management plan development, and state and federal permitting, including informal and formal Section 7 consultations under the Endangered Species Act, have been provided. Project Manager— Gopher, Frog and Alligator Rails -to- Trans Project, Leon, Franklin, and Wakulla Counties, Florida Mr. Loraine served as project manager for listed species censuses, habitat mapping, environmental document preparation, and public involvement for the PD&E study- for the 53 -mile Gopher, Frog and Alligator Rails-to- Trails Project. �°= �YG."x3'x."�� -... Project Manager- Grande Bay, Sarasota County, Florida Mr. Loraine served as project manager in the entitlement and local, state, and federal permitting of this commercial and residential condominium project.. Services included participation in a formal Section 7 consultation between the USACOE and USFWS resulting in issuance of a Biological Opinion and incidental Take Statement for bald eagles. a x ' ,y(7lrk 4�N "j�..,:,,,aa, Project Manager — Riverwood DRI, Charlotte County, Florida W. Loraine served as project manager for this multi - disciplinary DRi project. Services included wetland delineation; local, state, and federal wetland permitting, wetland mitigation design and implementation; uplar►d preserve management design and implementation; and listed species monitoring and permitting. He participated in a formal Section 7 consultation between the USFWS and US Army Corps of Engineers ( USACOE) leading to issuance of a Biological Opinion and Incidental' Take Statement for listed bald eagles and Florida scrub jays. Working with the project archeologist, Mr. Loraine also coordinated the protection of an on -site Indian burial • mound and stabilization measures for a historleally significant midden at risk to erosion by the Myakka River. �aemeJt»+�one raw •_m oe�aee 7a�ooms��1 Page 2 of 2 i :l ❑�� :d02-om � and AssHt�atesr Inc. Michael L. Sturm, P.E. Mike has more than 21 years of professional public and private experience performing roadway, Stormwater, permitting, and planning services. His technical experience includes analysis, modeling, and design of surface water management systems; site grading; stormwater conveyance systems; and water quality /drawdown analysis. He has obtained stormwaterlenvironmental permits within each*of the water management districts in Florida and is proficient in river modeling and performing scour computations. Additionally, he has generated and certified wetland impact drawings and designed and permitted control structures for wetiand creation /modification. Mike is also a former FDOT District Five drainage design department employee and former Sarasota County stormwater division manager. Professional Credentials Bachelor of Science, Civil Engineering, University of Central Florida, 1987 Professional Engineer in Florida Professional Organizations . American Public Works Association Florida Engineering Society Special Qualifications • More than 21 years of professional public and private experience performing roadway, stormwater, permitting, and planning • Former FDOT District Five drainage design department employee • Former Sarasota County stormwater division manager • Project manager for a wide range of roadway and drainage design projects ■ 1995 FDOT State Design Conference Speaker, "Complications Encountered Performing Stormwater Management Design with Regards to FDOT Roadway Projects.' • 2002 APWA National Congress Speaker, "Understanding the Watershed Approach to Stormwater Management." Relevant Experience Gordon River Greenway Park, Collier County, FL -- Project Manager, responsible for a team of consultants providing rezoning, design and permitting for this 80 -acre passive park and storm water management facility. The project consists of site designs for three park nodes with parking, pavilions and storm water management facil>ties. The project also incorporates structural analysis for three bridge crossings and boardwalks that allow the end user to traverse the scenic wetland areas that are to be enhanced through the removal of exotic vegetation. The project also includes minimizing impacts to the gopher tortoise population that lives on an upland area in the center of the park. siurm, JvAlce_mmleowd • C, 0 .l ;i .i I ,J i. ClOn KimleyHom and Associates, Inc. Michael L. Sturm? P.E. Dona Bay Wetland Restoration and Water Supply project, Sarasota County, FL — Project Manager responsible for a team of consultants providing design and permitting services that will provide a new control structure in Cowpen Slough to be designed to provide a variety of services. The first service is to allow storm water runoff . to stage higher in the slough so that it can be diverted into a 180 acre wetland restoration area. This restoration area is proposed to be graded such that the historic wetland footprint can be recovered. The restoration area Is proposed to create a ROMA so that restoration credits can be used by the County to offset impacts to wetlands associated with other County projects. A second objective of the project is to provide a conveyance from just upstream of the new control structure east to the County owned Venice Minerals mining site. The objective is to convert the Venice Minerals mining site Into a reservoir as part of a future plan to provide potable water. Utilizing 1CPR models, the project will be Implemented without causing adverse impacts to the neighboring private properties adhering to the County's no adverse impact criteria of 0.01 feet. The project will receive permits from the FDEP and ACOE at its conclusion. Capital Cascades Trail, Leon County, FL — Senior Engineer responsible for the design and permitting of three of the flood control and water quality projects associated with the master plan. The first project consisted of hardening a channel section west of Monroe Street. This design element considered green infrastructure as well as traditional hardening techniques as part of the design. The second project was to create a storm water treatment facility that provides treatment for a large urban watershed. The design considered Low Impact Design techniques and incorporate park elements for the surrounding neighborhoods. The third project created an online wetland creation facility that provided floodpiain storage and prolonged contact with created herbaceous wetland systems to both reduce the floodplain elevation in the area and improve water quality through nutrient uptake. This project required providing a no rise certification with the local government. US 301 Roadway Improvements for Harvest Creek, Hillsborough County, FL— Engineer of record, responsible for the roadway, drainage and storm water design for the Falkenburg Road and Progress Boulevard intersection and widening project. The project Included revising the intersection to include turn lanes necessary for future development and widening of 1.4 miles of Progress Boulevard. The project was performed to meet Hillsborough County, Hillsborough County Environmental Protection Commission and SWFWMD design requirements. West Villages parkway, North Port, FL — Project engineer for 26 -mile thoroughfare for newly developed VHlage Land Use Classification, 'The Parkway" provides for regional connections in rural areas. It is proposed as a two-lane divided road and designed to accommodate four lanes in the future. Major components include interconnecting all neighborhood and village networks, Incorporation of multimodal facilities, and traffic calming measures. A high level of landscape treatment Is required to reflect the identity of this state- of-the -art, emerging Florida development district. Permitting for the three roadway projects was performed to meet City of North Port, SWFWMD and FDOT requirements. Jacaranda Boulevard and Center Road Intersection Improvement Project, North Port, FL - Project manager on the i<Imiey -Hom team responsible for coordination between the developer suum_JAe- con&rad /► �© Kmley -Horn r and Associates, Inc. Michael L. Sturm, P.E. client and Sarasota County Public Works Division to perform roadway. design to meet Board of County Commissioner stipulated agreement. Permitting for the project was performed to meet Sarasota County and SWFWMD requirements. Fruitvilie RoadfCoburn Road to Debrecen Road Transportation Engineering Services,, FL — Senior engineer for the Kimley -Horn team completing design services for the reconstruction of 2.9 miles of Fruitville Road from a two -lane roadway to a four -lane urban arterial. The new roadway section consists of an urban four -lane divided roadway with multi -use paths, closed drainage, signalized intersections, street lighting, and landscaping. Our design services also included design of a 16-inch water main and provision of a utility corridor for existing (and future) water, wastewater, cable, and telephone utility service. The existing signals at Coburn Road, East Road, Tatum Ridge Road, and Sarasota Center Boulevard were upgraded to current standard and to accommodate additional lanes. Kmley -Horn staff also helped direct an extensive public Involvement effort. Permitting for the project was performed to meet Sarasota County and SWFWMD requirements. Alligator Creek Drainage and Water Quality improvements, Sarasota County, FL — Project manager for the Kimley -Worn team completing this drainage and water quality improvement project that includes the design and permitting of several hundred feet of stormwater pipe through developed 1/4 -acre residential land uses. The design impacted several segments of local road right -of -way. The project, currently being designed and permitted, includes detailed hydrologic and hydraulic modeling of a 2,849 -acre urban drainage basin within the Alligator Creek I watershed. The intent of the project is to design infrastructure improvements throughout the basin to address localized street flooding. Project design Includes the evaluation of four separate areas, each experiencing localized street flooding during different types of rainfall events. Design i alternatives were proposed based on a cost - benefit analysis. This project also included a water - quality component where the County received a grant to install seven baffle boxes. Our involvement was to determine hydrologic parameters within the watershed; specify locations for the boxes to maximize treatment potential, coordinate with the vendor to ensure adequate sizing, and, to Incorporate the box design into a construction plan for installation: Also responsible for presenting alternatives to the public in a PowerPoint presentation style to gather public input used to complete the project feasibility study. Permitting for the project was performed to meet Sarasota County and SWFWMD requirements. • Lemon Bay Preserve Hydrologic Restoration, Sarasota County, FL — Senior stormwater engineer responsible for stormwater modeling of the Woodmere Creek basin to include the Lemon Bay Preserve, Woodmere Creek improvements included adding box culverts at three locations. Modified plans to include a sheet pile weir to alleviate bank erosion to remedy a citizen complaint. Bid the project with alternates to help control costs. Performed wetland delineation and mapping of environmental features to be enhanced on the County-owned Preserve. Coordinated with County environmental staff to plan improvements of the hydraulic systems through the Preserve. Designed and permitted the sediment trapping pond and Improved cross - sections of Tributaries A, B, C, and D. Coordinated with SWFWMD staff in the Brooksville office ! for SWMM funding. Coordinated all aspects of SWMM funding with Stephanie Dunham. • sn,M-M&B Cmdemea i i Kimley-Horn ©� © and Associates, Inc. 0 • Michael L. Shurm, P.E. Permitted the project with SWFWMD. Performed constriction oversight and certified the project complete. All aspects of the project were performed on time and within budget. SWrm_Wm cm&nsed EXHIBIT 2 CJ CJ 0 7,C00 13,066 Feet 0 ' D 21L0 1.200 h`o:erz Raa m» any a d— cm—d +:ate .xn • P d >,., rAn r• r --Y, EN TOM r,c ryPw m..- w•. %, fora>r.:.m Location Map E N T R I X Fttl> Aso er nxsuse a! Nn rmax 8 ii nro �Ta e�arcAedy of M., uta b aaarmw I! ?e aarnen meP mree tlnwen news ns 2154 asxaCer4erBhE i 378,MW w >= -••� • ••r �, w ran mA: =b c c1: d I aver aia. orrc Ia ev a <_,,.,na 1u,wloc w >. wGa dby qe Gordon River Greenway Park Collier County, Florida G:c27,1 Tn,, 159 ,9 25 F SawcAa, FL 34249 Q 1541) 9780787 rnrw.GMrix co'n Cmonnte System NA0 1983 UTM Zone VA few a1c e1r,512011R"..Date'. xalt J,, Ph *, VAF GISAI.W: 3h78 .!ao Ootume k 0337_I7f_hta;an _A_1_2211012S.mrA Rojed M Ler: 0437.177 PET 0 —Tart: 0437_177 Wwtron A_7 20110125 Par Rai Stir. 0.6 x 11 EXHIBIT-3 C C • n E 0 EXHIBIT 4 • 1�1 w P-j Uj rM t�ON� < OU) <:R cn zz 00 cli Ld 0c) 0 W U- LLI < 0- z 0 o UJ z tr 0 w cr 0 S r—j T. Ig 9 li /c. EXHIBIT 5 0 0 1 �111� • 0 0 ENTRIX Solis Map Gordon River Greenviay Park s s c i }'A �nY YIUY Collier County, FL ,•.w a� Pu>fwlCUMMarlu Rr.•UHa�meAMM»Rn *m >a➢,frtwl,r i0N4+"�reWa4revvaY,neyr W.a.�rt all rrl n,r. >. r.MTw„a M1wr,r�r • • � I • • ,I �I u g � U . r z g LLJ �, ow / R• w e� t IL Z c� w z ❑ w �❑ o a a° T T T r T T T T t■t n T T. T, T O� _ C t■ r r T T T T. r• r, r T r r � • r r E tygy� as p� 2 °' • T • r T r r T pap 8W y �{ X 9 gal I U i r lT , , , , • . r T . ,��•�� i ■ Q `` � �- a T T T T, T r, r ,♦ r r W re r L T T T q f♦ i L T T _ _ — _ _ _ _ of ZO � _ _ _ _ —_ FFM T M•T T O T T T T w • f T T T � � o ♦ T T T T r c m ♦ • T r T r T r• r .., , }y�� ' Y T T ♦ T T T♦ T �"' 8 E I I r r••• T T r r r T .ppryl� r T a 3 T T T, T 11 All! r• r r r+ r•, ,• T T T T T 1 T P T ��y{{ T T• T•,, T, T ® "ii Y r r T• r r T T• T T, T T•• T T_ y T T T �T 1 T T T 8aQs ®Q®Q T r T T, r r T T • 1 • , T , , r t ♦ r r r r T , �� It EXHIBIT 7 • it O M 7 rs - . Y � aa= i -11 9 1 sgc &c z F �� , @ IUJ ug W jj d f gig 6 g_ `SdddEA i6td�' A� 6666 �¢i� fj pv .. a U J Z �- LU ae sndm so w� wrmoz �� -_ J I �, Lii Z :. ..._... w ! - ,. ...I a F� o • i' ......... K W s E� a Of = \ .- a �3 1, W Na ... I :.- �• 3E W r MHNMIN11faiINM pkNNH �iHH06Hl!I�WhN01NNN9 R..._� V \akgRB y "a■p p 3$ a . 5t5h a ! N � YC co 5 I ti on 5133 < 03 ❑ ° a oy8� 0 8 E8I N 4 < a. c� Io g y m I L .ems .w, s Weso.e zwz .i .v a =e s.v u z�- a- uox\nmwa\uo \oah \000um�i\ -+�.s \:s b-0 i3 I O C-i LM co z O LU (1) D iL LU 0 z 0 L) of v Of >a Oz LLJ Ow C7 /''N 0 law 001 • r� L i 0 u �1 EXHIBIT 9 Iff"I"] 0 r] �1 0 EXHIBIT 10 0- C 0 �r 1 �i z \1 aN •.l..,..N.........1 .�!�iirta '10 �.�.t1N,� C� • 2 HJ11ON a o N Lo v_o o v J J W j 5 d 531dVN dO ADO �a �a 0 U I U LLZ TO t V apO R 0 S 0 U' z z 0 z z X w Cif l< LU l< d 7 n' w Ow CD %� CD i g I EXHIBIT 11 C, 0 C� 0 E N T R I X Wetlands Map Gordon River Greenway Park "^`° „.....,.. Collier County, Florida s.. a, nsrn �e+amcrz; ...<„.,, EXHIBIT 12 • • 0 51+1 s OX) F4:91 __1 150 300 WAefs t1ands Map fiver Greenway Park • •County, Florida EXHIBIT 13 0. s �� 9 • J n BIG CYPRESS BASIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2640 Golden Gate parkway, Suite 205, Naples, FL 34105 (2,39) 263 -7615 - Suncorn 721 -7920 • Fax (239) 263 -8166 • wtvw.sfwmd.gov/bcb/ June 26, 2009 Amber G. Whittle, Ph.D. Entrix, Inc. 22 Sarasota Center Boulevard Sarasota, FL 34240 Subject: Gordon River Greenway Park Informal Jurisdictional Determination Collier County Sections 27 & 34, Township 49S, Range 25E Dear Ms. Whittle: The District offers the following in response to your request for a determination of wetland boundaries and other surface waters located within the subject property. A site visit was conducted on February 6, 2009. Based on the site visit and other site information, this site does contain wetlands as defined by Rule 62 -340 Florida Administrative Code (FAC). The yellow line on the attached aerial indicates the project boundaries. The six labeled blue areas on the attached aerial, entitled "Wetlands Map, Gordon River Greenway Park, Collier County ", indicate the location of on -site wetlands. This correspondence is an informal pre - application wetland determination pursuant to Chapter 373, Florida Statutes. It does not bind the District, its agents or employees, nor does it convey any legal rights, expressed or implied. Persons obtaining this informal pre - application wetland determination are not entitled to rely upon it for purposes of compliance with provision of law or District rules. A binding wetland determination may be obtained by petitioning the South Florida Water Management District for a wetland declaratory statement pursuant to FAC Rule 62 -340 or by applying for an Environmental Resource permit. The identified wetlands and surface waters, and, potentially other areas of the property not jurisdictional under State rules, may be wetlands and /or other waters of the United States under federal rules. Dredging or filling in such areas may require a Department of Army (DA) permit. Receipt of a state or local government permit does not obviate the need to obtain a DA permit prior to commencing work. For more information about the DA Regulatory Program, you may access the Corps' website at: http: / /www.saj.usace .army.mil /permit/index.html. You may also contact the local Charles I O aurae. owir, l:z,y/icio - ft -,, C,iIjnry John l x,ret ilt. Viu, Chair N;xl,le.� Alicia E. Abkuz tt - Marco island Liesa Priddy, Secret"rry . Inrrrtvlalte C:larence', lvars, Jr. Libby Anderson - Naples Jon C Staiger,1'h.D. - Naples Gordon River Greenway Park Informal Jurisdictional Determination Page 2 of 2 Corps regulatory office for additional information, at the following number: (239) 334 -1975. A file has been set up at the Lower West Coast Service Center office with pre - application materials. If you have any further questions, please contact John Policarpo of my staff at (239) 263 -7615, extension 7620. Sincerely, ()�� 47- Laura Layman Senior Supervising Environmental Analyst Natural Resources Management Division Attachment (location map, wetlands map) I c. Gordon River Greenway Park Informal Jurisdictional Determination Page 3 of 3 Cc: Tunis McElwain, USACOE (w /o attachments) Susan Mason, Collier County (w /o attachments) U.S. Army Corps of Engineers 1520 Royal Palm Square Boulevard, Suite 310 Fort Myers, FL 33919 Collier County Environmental Services Environmental Permitting and Project Review 2800 North Horseshoe Drive Naples, FL 34104 Pelican Bay )Rine Ridge ,a1 i t r, j Project Boundary - 125.6 ac. Y / UOU Il POD F «ia c-1 1 .,d - o,FC�ea ac s .arn �, rw�.r,ry cmrwx inc m Oscf- kir hamag.s (� y E N T R I X Yn. —"'m kwty `x`�:�maY.°. °� Location ni UUp --f t� aA k tM sde aaAax i o" f M. n ee�rn nc . Map .tl ,h " ° �" A U" - a tl rY - Gordon River Greenway Park —m ? b ..d 6 —h. I( 2 the uaer'a I-P.rbhty a °btm Ar°AWerr .-I Wta . e° .�•dr ^•re Collier County, Florida eMr L� 0 Wetland Impacts Gordon River Greenway Park Collier County, Florida ENTRIX %��. i"t PART I — Qualitative Description (See Section 62- 346.400, F.A.C.) Sfte /Proleet Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-2 FLUCCs code Further classification (optional) Impact or Mitigation Site? Assessment Area Size Impact- Fill (2.15 ac); eosrdwaft 612116171 (3.74 ac); Pipe InstalYa M 6.37 Temporary impact (DAs ac) BasinM/atershed NameMumber Affected Waterbody (Class) Special Classilication(i.e.orw, AP, atharlocel /atatedederal deslipidan onmporlance) Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands Adjacent to the Gordon River to the west, hydrologically connected to Wetland 3 and Weiland 5 to the southeast. Additionally, this wetland abuh the Golden Gate Canal to the east and is surrounded by scrubby flatwoods along the eastern edges. Assessment area description Disturbed mixed wetland hardwoods/mangrove swamp that Is dominated by nuisance /exotic vegetation along the edges and contains many faller trees. Additionally, it appears that the construction of the Golden Gate Canal has also disturbed this wetland evidenced by the intrusion of some freshwater species and the extention of the wetland since the 1940'x. Significant nearby features Uniqueness (considering the relative rarity In relation to the regional landscape.) Gordon River and Naples Zoo none rcions Mitigalion for previous permitlother historic use water quality & storage, wildlife habitat no iicipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Species (List species, their legal t are representative of the assessment area and reasonably expected to classification (E, T, SSC), type of use, and intensity of use of the found) assessment area) small/medium mammals, small fish, crabs, amphibians and birds wading birds (SSC) or other signs sucn as nests, Heard Ospreys and Bald Eagle, saw fiddler crabs, black racer, Red - bellied Woodpecker, squirrel monkey. relevant factors; .,vHr 4Form 62- 345.900(1), F.A.C. [ effective date ] . a PART II — Quantification of Assessment Area (impact or mitigation) (See Sections 62- 345.600 and .600, F.A.C.) Site /Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park Condition is optimal and WL -2 impact or Mitigation Assessment conducted by: Assessment date: Impact - Boardwalks & Temporary Impact for Pipe Installation VAF 1/16/2009 Scoring Guidance The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed. O 'mal 0 0 Moderate (l) Minimal 4 Not Present 0 Condition is optimal and Condition is less than optimal, but sufficient to Minimal level of support of Condition is insufficient to fully supports. fu ppor maintain most wetiandlsurface water provide wetland /surface wetland/surface water wetland/surface functions water functions functions waterfunctions This wetland contains some nuisance /exotic vegetation along the edges. The canopy is dominated by laurel oak, .500(6)(e) Location and Landscape Support Wo pres or rcent with 7 7 Adjacent to the Gordon River to the west, hydrologically connecting It to Weiland 3 to the west and Wetland 6 to the southeast. Additionally, this wetland abuts the Gordon River to the west and the Golden Gate Canal to the east and is surrounded by scrubby flatwoods along the eastern edges. The assessment area abuts Golden Gate Parkway. .500(6)(b)Water Environment (nfa for uplands) it appears that the construction of the Golden Gate Canal has also disturbed this weitarxl evidenced by the Intrusion of some freshwater species and the extention of the wetland since the 1940'x. Untreated runoff from Golden Gate Parkway and water from the imparted Gordon River flow through Wetland 2. w/o pres or current with 7 6 , .500(6)(c)Community structure This wetland contains some nuisance /exotic vegetation along the edges. The canopy is dominated by laurel oak, 1. Vegetation and /or stash pine, AustraNlan pine, cabbage palm and meleleucs; the subcanopy is dominated by Brazilian pepper, wax 2. Benthic Community myrtle, shoe button ardisia, white indigo berry, fetterbush, gumbo -Bmbo and downy rose myrtle; the herbaceous strata is dominated by saw grass, black needlerush, swamp fem, giant leather fern and golden leather fem. w10 pres or current with 6 3 Score = sum of above scores130 (If uplands, divide by 20) current or wlo res With 0.67 0.57 Delta = [with -Wrent] -0.10 if preservation as mitigation, Preservation adjustment factor Adjusted mitigation delta If mitigation Time lag (t factor) = Risk factor = Form 62- 345.900(2), F.A.C. [effective date] For impact assessment areas FL = delta ( -0.10) x 4.22 acres = 0.422 For mitigation assessment areas RFG = deltal(t -factor x risk) _ 0 • 4 PART It — Quantification of Assessment Area (impact or mitigation) (See Sections 62- 345.500 and .600, F.A.C.) 1 Stle/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park (n/at for uplands) WL -2 impactor Mitigation Assessment conducted by: Assessment date: Impact - Fill VAF 1/1612009 Scorim Guidance The scoring of each indicator Is based on what would be suitable for the type of wetland or surface water assessed O imal 10 Moderate (T) Minimal 4 Not Present 0 (n/at for uplands) Condition is less than intrusion of some freshwater species end the extention of the wetland since the 1940's. Untreated runoff from Condition is optima! and optimal, but sufficient to Minimal level of support of Condition Is insufficient to fully supports maintain most wettandlsurface water provide wetland /surface wetland /surface water weterKlisurface functions water functions functions waterfunctions 2. Benthic Community myrtle, shoe button ardisia, white indigo berry, fetterbush, gumbo -limbo and downy rose myrtle; the herbaceous .500(6)(a) Location and Landscape Support w/o pres or L wit 7 0 Adjacent to the Gordon River to the west, hydrologically connecting it to Wetland 3 to the west and Wetland 5 to the southeast. Additionally, this wetland abuts the Gordon River to the west and the Golden Gate Canal to the east and is surrounded by scrubby tatwoods along the eastern edges. The assessment area abuts Golden Gate Parkway. .500(6)(b)water Environment (n/at for uplands) It appears that the construction of the Golden Gate Canal has also disturbed this wetland evidenced by the intrusion of some freshwater species end the extention of the wetland since the 1940's. Untreated runoff from Golden Gate Parkway and water from the imparted Gordon River flow through Welland 2. w/o pres or current with 7 0 .500(6)(c)Community structure This wetland contains some nuisance/exotic vegetation along the edges. The canopy is dominated by laurel oak, 1. Vegetation and/or stash pine, Australian pine, cabbage palm and melaisuca; the subcanopy is dominated by Brazilian pepper, wax 2. Benthic Community myrtle, shoe button ardisia, white indigo berry, fetterbush, gumbo -limbo and downy rose myrtle; the herbaceous strata Is dominated by saw grass, black needlerush, swamp fem, giant leather fern. and golden leather fern. w/o pres or current wifh 6 0 Score = sum of above scoresls0 (if If preservation as mitigation, uplaixis, divide by 20) current Preservation adjustment factor = or w/o Kes w Adjusted mitigation delta O.67 0 II'miligation _.... Deb = [with- cunent) Time lag (1-factor) -0,67 Risk factor = Form 62- 345.900(2), F.A.C. [effective date) For impact assessment areas FL = delta ( -0.67) x 2.15 acres = -1.44 For mitigation assessment areas IRFG = delta/(t-factor x risk) _ PART 1— Qualitative Description (See Section 62- 345.400, F.A.C.) Sfte/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL"2 FLUCCS code Further classification (optional) Impact or laugation Site? Assessment Area Size 6121/6171 Mitigation 54.23 BasirtMatershedName/Number Affected Waterbody(Class} Sp eclat Ctassificationp. e. orw, Ar, aherlooMuuiertedeMd $$Vmd- of)mporw —) Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands Adjacent to the Gordon River to the west, hydrologically connecting it to Wetland 3 and Wetland 5 to the southeast. Additionally, this wetland abuts the Golden Gate Canal to the east and is surrounded by scrubby flatwoods along the eastern edges. Assessment area description Disturbed mixed wetland hardwoods/mangrove swamp that is dominated by nuisance /exotic vegetation along the edges and contains many faite trees. Additionally, it appears that the construction of the Golden Gate Canal has also disturbed this wetland evidenced by the intrusion of some freshwater species and the extention of the wetland since the 1940's. Uniqueness (considering the relative rarity in relation to the regional Significant nearby features landscape.) Gordon River and Naples Zoo none Functions Mitigation for previous permittother historic use water quality & storage, wildlife habitat no ticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Species (List species, their legal that are representative of the assessment area and reasonably expected to classification (E, T. SSC), type of use, and Intensity of use of the be found) assessment area) small /medium mammals, small fish, crabs, amphibians and birds wading birds (SSC) Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): Heard Ospreys and Bald Eagle, saw fiddler crabs, black racer, Red - bellied Woodpecker, squirrel monkey. Additional relevant factors: Assessment conducted by: ssment date(s): VAF 1/16/2()09 Form 62- 345.900(1), F.A.C. [ effective date ) 0 Is • 11 PART 11 — Quantification of Assessment Area (impact or mitigation) (See Sections 62- 345.500 and .60D, F.A.C.) Site /Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park Condition Is optimal and WL -2 Impact or Mitigation Assessment conducted by: Assessment date: Mitigation VAF 1116/2009 Goodna Guidance The scoring of each Indicator Is based on what would be suitable for the type of wetland or surface water assessed DO mal 10 rate 7 Minimal 4 Not Pres nt 0 Condition Is optimal and CondHion is less than feasible, the fallen trees will be removed, creating a more even ground surface and Improving the hydrology. The optimal, but sufficient to Minimal level of support of Condition is insufficient to fully supports maintain most wetland/surface water provide wetland /surface wetland/surtacewciter wetland/surface functions water functions functions waterfunctions slash pine, Australian pine, cabbage palm and melaleuca; the subcanopy is dominated by Breallian pepper, wax 500(6)(a) Location and Landscape Support W/o pre$ or current 'th 7 8 Adjacent to the Gordon River to the west, hydrologically connected to Weiland 3 to the west and Wetland 6 to the southeast. Additionally, this wetland abuts the Gordon River to the west and the Golden Gate Canal to the east and Is surrounded by scrubby flatwoods along the eastern edges. As enhancement, nuisance and exotic vegetation wait be removed from the entire wetland. Post - construction, this wetland will be adjacent to a passive recreation area with park facilities and a boardwalk/nature trait will run through portions of the wetland. .600(6)(b)Water Environment (n/a for uplands) It appears that the construction of the Golden Gate Canal has also disturbed this wetland evidenced by the Intrusion of some freshwater species and the extention of the wetland since the 194Vs. As enhancement, when feasible, the fallen trees will be removed, creating a more even ground surface and Improving the hydrology. The nuisance and exotic species removal will also allow for more native vegetation to recruit. Finally, a bioretention swale, which will treat runoff for Golden Gate Parkway, will be located adjacent to the buffer of Wetland 2• w/o pres or current with 7 8 .600(e)(c)Community structure This wetland contains some nuisancelexotic vegetation along the edges. The canopy Is dominated by laurel oak, slash pine, Australian pine, cabbage palm and melaleuca; the subcanopy is dominated by Breallian pepper, wax 1. Vegetation and/or myrtle, shoshorn madberry,white indigo berry, fetterbush, gumbo -finto and downy rose myttle; the herbaceous 2. Benthic Community strata is dominated by saw grass, black needlerush, swamp fem, giant leather fern and golden leather fem: As enhancement, nuisance /exotic vegetation will be excluded from the wetland and fallen trees will be removed when w/o pros or feasible to allow for natural recruitment current with 6 8 Score= sum of above scores /30 (if uplands, divide by 20) current or w/o ores With 0.67 0.8 If preservation as mitigation, Preservation adjustment factor = Adjusted mitigation delta = For impact assessment areas FL = delta x acres = it mitigation For mitigation assessment areas Delta = [with- current] Time lag (t factor) = 1.0 0.13 Risk factor = 1.26 RFG = delta /(t factor x risk) = 0.104 FL = RFG (0. f 04) x 64.23 - 6.64 Form 62445.900(2), F.A.G. [effective date] PART 1— Qualitative Description (See Section 62. 345.400, F.A.C.) Slie/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL -3 FLUCCs. code Further ciass� cation (optional) impact or N9ligatlon Site? Assessment Area Size impact: Boardwalk - 0.04 ac; 0.25 6301 kayak channel - 0.21 ac Basin/Watemhad Na=Ecosystem Affected Waterbody (Gass) Special Classification( Le, 0M., w. ou+ erioceftatexedemldes�,wa+onmp«i M) Corkscrew Regio Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands Adjacent to the Gordon River to the east, ,hydrologically connected to Wetland 2 to the east and Weiland 5 to the south through the river. Additionally, this wetland abuts the Naples Zoo to the north and is surrounded by spoil and disturbed lands to the west. Assessment area description Disturbed forested mix that is dominated by nuisancelexotic vegetation and contains many landscaping plants. Uniqueness (considering the relative rarity in relation to the regional Significant nearby features landscape.) Gordon River and Naples Zoo none Functions Mitigation for previous permit/other historic use water quality & storage, wildlife habitat no Anticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Species (List species, their legal that are representative of the assessment area and reasonably expected to classification (E, T, SSC), type of use, and Intensity of use of the be found) assessment area) small/medium mammals, amphibians and birds wading birds (SSC) observed Evidence of Wildlife Utilization (List species directly observed, or oilier signs such as tracks, droppings, casings, nests, etc.); none relevant factors: VAF 1/1612009 Form 62- 345.900(1), FA. C. [ effective date C7 0 v PART If — Quantification of Assessment Area (impact or mitigation) (See Sections 62- 345.600 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park Condition is oplimaf and WL -3 Impact or Mitigation Assessment conducted by: Assessment date: Impact - Boardwalk VAF 1/1612009 Scorin Guidance The scoring of each indicator Is based on what would be suitable for the type of wetland or surface water assessed optimal 1 Moderate 7 Minimal 4 Not Present 0 Condition is oplimaf and Condition Is less than This wetland is hydrologically disturbed due to the spoil to the west that isolates the wetland . w/o pres or optimal, but sufficient to Minimal level of support of Condition Is insufficient to fully supports ullysu supports maintain most wetland/surfaos water provide wetlandlsurface waU water wetlandlsurface functions waterfunctions functions waterfunctions 2. Benthic Community dominated by Brazilian pepper, shoe button ardisia and buttonwood; the herbaceous strata is dominated by swamp .600(6)(a) Location and Landscape Support w/o pres or with 6 5 Adjacent to the Gordon River to the east, hydrologically connected to Wetland 2 to the east and Wetland 6 to the south through the river. Additionally, this wetland abuts the Naples Zoo to the north and is surrounded by spoil and disturbed lands to the west. .600(6)(b)Water Environment (rda for uplands) This wetland is hydrologically disturbed due to the spoil to the west that isolates the wetland . w/o pres or current with 77671 F 6 .600(6)(c)Community structure 1 This wetland contains many nuisancelexotic and landscaping plants, The canopy is dominated by Ilve oak, 1. Vegetation and /or Austraifran pine, cabbage palm, red mangrove, black mangrove, white mangrove and melateuce; the subcanopy Is 2. Benthic Community dominated by Brazilian pepper, shoe button ardisia and buttonwood; the herbaceous strata is dominated by swamp lity, camphor weed, wedilla, swamp fern, giant leather fern and golden leather fern. who pres or current with 5 3 Score= sum of above scoresJ30 (if uplands, divide by 20) current or who pres it 0.67 0.47 0 Delta = [with - current] 0.10 if preservation as mitigation, Preservation adjustment factor = Adjusted miligation delta = it mi Aga oni n Time lag (t factor) _ Risk factor = Form 62- 345.900(2), F.A.C. [effective date] For impact assessment areas FL n delta x acres = -0.004 F For mitigation assessment areas RFG = deltal(t- factor k risk) _ PART 11 — Quantification of Assessment Area (impact or mitigation) (See Sections 62- 345.600 and .600, F.A.C.) Slte/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park (n /a for uplands) WL -3 Impact or Miugation Assessment conducted by: Assessment date: Impact Dredging VAF 1/16/2009 Scoring Guidance The scoring of each indicator is based on what would be suitable for the type of wedend or surface water assessed O !mat 10 Moder Minimal 4 Not Present 0 (n /a for uplands) Condition is less than This wetand is hydrologically disturbed due to the spoil to the west that isolates the wetland . Condition is optimal and optimal, but sufficient to Minimal level of support of Condition is insufficient to fu y supports fully maintain most wetland /surface water provide wetland/surface wetland/surface water wetiand/surface functions water functions . functions waterfunctions lily, camphor weed, wedifia, swamp fern. giant leather fern and golden leather ferm .500(6)(a) Location and Landscape Support w/o pres or current with 6 5 Adjacent to the Gordon River to the east, hydrologically connected to Weiland 21o, the east and Wetland 5 to the south through the river. Additionally, this wetland abuts the Naples Zoo to the north and Is surrounded by spoil and disturbed lands to the west. ' .500(6)(b)Water Environment (n /a for uplands) This wetand is hydrologically disturbed due to the spoil to the west that isolates the wetland . w/o pres or current with 6 3 , .5oo(6)(c)Community structure This wetland contains many nuisanoelexotic and landscaping plants. The canopy is dominated by live oak, t. Vegetation and/or Australian pine, cabbage palm, red mangrove, black mangrove, white mangrove and melaleuca: the subcanopy Is 2. Benthic Community dominated by Brazilian pepper, shoe button ardisia and buttonwood; the herbaceous strata Is dominated by swamp lily, camphor weed, wedifia, swamp fern. giant leather fern and golden leather ferm w/o pres or currnt with 5 0 Score F sum of above scores/30 (If uplands, divide by 2tl) current or w/o res with . 0.67 0.27 Delta = [with - currentj •0.30 If preservation as mitigation, Preservation adjustment factor = Adjusted mitigation delta = m t a io' n Time lag (1:42010r) _ Risk factor = Form 62- 345.900(2), F.A.C. [effective date] For impact assessment areas FL - delta ( -0.30) x 0,21 acres =0,063 For mitigation assessment areas RFG = delta/(f- factor x risk) _ 40 PART 1— Qualitative Description (See Section 62- 345.400, FA.C.) Site/Project Name Appacation Number Assessment Area Name or Number Gordon River Greenway Park WL-3 FLUCCs code Further classification (optional) Impact or Mitigation Site? Assessment Area Size 6301 Mitigation 0.96 Basin/Watershed Name /Number Affected Waterbody (Class) Special Classifrcationp a om AP, osrerbcausloWedmi deBignalon ofimpoftmel Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands Adjacent to the Gordon River to the east, hydrologically connected to Wetland 2 to the east and Wetland 6 to the south through the river. Additionally, this wetland abuts the Naples Zoo to the north and is surrounded by spoil and disturbed lands to the west Assessment area description Disturbed forested mix that Is dominated by nuisance /exotic vegetation and contains many landscaping plants. Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape.) Gordon River and Naples Zoo none unctions Mitigation for previous perrrdUother historic use water quality & storage, wildlife habitat no Anticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Species (List species, their legal that are representative of the assessment area and reasonably. expected to classification (E, T, SSC), type of use, and intensity of use of the be found) assessment area) small/medium mammals, amphibians and birds wading birds (SSC) Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): none Additional relevant factors: Assessmeht conducted by. Assessment date(s); VAF 1116/2009 Form 62- 346.900(1), F.A.C. [ effective date ) PART rl — Quantification of Assessment Area (impact or mitigation) (See Sections 62- 345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park (nla for uplands) WL -3 Impact or Mitigation Assessment conducted by: Assessment date: Mitigation VAF 1/1612009 -Scoring Guidance The scoring of each indicator is based on what would.be suitable for the type of wetland or surface water assessed optimal 10 ModerateM Minimal A Not Present 0 (nla for uplands) Condition is less than This wetland is hydrologically disturbed due to adjacent spoil. With enhancement, the adjacent spoil Wif be Condition Is optimal and optimal, but sufficient to Minima! level of support of Condition is Insufficient to fully supports maintain most wetiandlsurrace water provide wetland /surface wefland/surface water wetland/surface functions water functions functions waterfunctions 1. Vegetation and /or subcanopy is dominated by Brazilian pepper, shoe button ardisia and buttonwood; the herbaceous strata is .500(6)(a) Location and Landscape Support w/o pres or our en 6 5 Adjacent to the Gordon River to the east, hydrologically connected to Welland 2 to the east and Wetland 6 to the south through the river. Additionally, this wetland abuts the Naples Zoo to the north and is surrounded by spoil and disturbed lands to the west. The proposed development will consist of passive recreation which will not negatively affect this area and extensive nuisance and exotic species removal that will greatly enhance the wetiand. .500(6)(b)Water Environment (nla for uplands) This wetland is hydrologically disturbed due to adjacent spoil. With enhancement, the adjacent spoil Wif be removed, restoring hydrology. w/o Ares or current with 6 6 .500(6)(c)Community structure This wetland contains many nuisahoe/exotic vegetation and landscaping plants. The canopy Is dominated by live oak: Austrailian pine. cabbage palm, red mangrove, black mangrove, white mangrove and melaleuca; the 1. Vegetation and /or subcanopy is dominated by Brazilian pepper, shoe button ardisia and buttonwood; the herbaceous strata is 2.8enthic Community dominated by swamp lily, camphor weed, wediria, swamp fern, giant leather fem and golden leather fern. As enhancement, this area will be maintained excluding nuisance/exotic vegetation and landscaping plants and allowing for desireable vegetation to recruit into those areas. w/o pros or current with 6 6 Score = sum of above scores= Of If preservation as mitigation, uplands, divide by 20) Preservation adjustment factor current or w/o pres with Adjusted mitigation delta = 0.57 0.7 If mitigation ..._ Delta = (with - current] Time tag (i- factor) = 1.0 0.13 Risk factor = 1.25 Form 62- 345.900(2), FAC. (effective date) For impact assessment areas FL = delta x acres = For ritigation assessment areas RFG = delta/¢ -factor x risk) = 0.10 FL = RFG (013) x 0.95 acres = 0.124 • 0 • L� r L PART I — Qualitative Description (See Section 62- 345.400, FA.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-4 FLUCCs code Further classification (optional) Impact or Mitigation Site? essment Area Size 6171 Mitigation 0.63 Basin/Watershed Name/Number Affected Waterbody (Class) Special Classi8catl0nt1.e.0Fw, AP, CBW IMW$Wercad&M deagneuon orm ponanesi Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands Welland 4 is an Isolated system located east of Wettand 2 and surrounded by disturbed scrubby fietwoods. Assessment area description Disturbed mixed wetland hardwoods that has been invaded by melaieuca, The wetland is the sole, isolated freshwater wetland on the site. Significant nearby features Uniqueness (considering the relative rarity in relation to the regional. landscape,) Gordon River to the west and Golden Gate Canal to the east none Functions Mitigation for previous perniit/other historic use water quality storage, wildlife habitat no Anticipated Wikiiife Utiltzation Based on Literature Review (List of species cipated Utilization by Listed Species (List species, their legal that are representative of the assessment area and reasonably expected to classification (E, T, SSC), type of use, and 'intensity of use of the be found) assessment area) small /medium mammals, amphibians and birds wading birds (SSC) Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): none Additional relevant factors: Assessment conducted by: Assessment date(s): AF 11116/2009 Form 62- 346.900(1), F.A.C. [ effective date ) PART fi - Quantification of Assessment Area (impact or mitigation) (See Sections 62- 345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park (nla for uplands) WL-4 Impact or Mitigation Assessment conducted by: Assessment date: mitigation VAF 1/16/2009 Scoring Guidance The scoring of each indicator is based on what would be suitable for the type of wettand or surface water assessed optimal 10 Moderate 7 Minimal 4 Not Present 0 (nla for uplands) Condition is less than This wetland Is hydrologically disturbed due to the invasion of melaleuca. As enhancement, the melaleuca will be Condition is optimal and optimal, but sufficient to Minimal level of support of Condition is Insufficient to fully supports llysu supports maintain most welland/suriace water provide welland/surface wetla water wettand/surface functions water functions functions waterfunctions 2. Benthic Community juvenile melaleuca, and downy rose myrtle; the herbaceous strata is dominated by swamp fdm and black needle .500(6)(a) Location and Landscape Support wlo pres or current wit 7 8 Wetland 4 I an Isolated system located east of Wetland 2 and surrounded by scrubby fiatwoods. The development will include a passive recreational park with nature trolls to the north, nuisance and exotic species removal within the wetland and the surrounding uplands, and native platings within the wetland. .500(6)(b)Water Environment (nla for uplands) This wetland Is hydrologically disturbed due to the invasion of melaleuca. As enhancement, the melaleuca will be removed and native species will be planted, thus allowing normal hydrological conditions. w/o pres or current with 5 8 ..500(6)(c)Community structure This wetland is infested with nuisance/exotic vegetation; specifically, melaleuca and downy rose myrtle. The 1. Vegetation andlor canopy Is dominated by cabbage palm, slash pine and melaleucs; the suboanopy is dominated by wax myrtle, 2. Benthic Community juvenile melaleuca, and downy rose myrtle; the herbaceous strata is dominated by swamp fdm and black needle rush. As enhancement, nuisancelexotic vegetation win be removed and desirable vegetation will recruit Into the wetland. w/o pres or current with 3 8 Score = sum of above scores 130 (if If preservation as mitigation, uplands, divide by 20) Preservation adjustment factor current = or w/o r s wi Adjusted mitigation delta = 0.50 0.8 it mitigation Delta = [with- current) Time tag (t- factor) = 1.0 0,30 Risk factor = 1.25 Form 62- 345.800(2), F.A.C. [effective date] For impact assessment areas FL = deb x acres = For mitigation assessment areas RFG = deital(t- factor x risk) = 0.24 FL= RFGx acres =0.15 0 0 l� u 0 PART I — Qualitative Description (See Section 62.345.400, F.A.C.) SkelProject Name Application Number Assessment Area Name or Number Gordon River Greenway Park WL-5 FLUCCs code Further classification (optional) Impact or Mitgalion Site? Assessment Area Size 6121 Mitigation 12.54 BasInfWatershed Name/Number Affected Waterbody (Class) Speclat ClassificationfteoFVV AP, aherIoceVslateltederel deslprudlon of impalence) Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands Wetland 6 is adjacent to the Gordon River to the east and Is surrounding by disturbed uplands, and commercial and office space. it is hydrologically connected to Wetland 2 to the east, also adjacent to Gordon River. To the southeast is an area dominated by austrailian pine. Assessment area description Disturbed mangrove swamp that contains some nulsancelexotic vegetation along the edges and some spoil areas. Additionally, the hydrology has been altered due to some large tree that have fallen over. Uniqueness (considering the relative rarity in relation to the regional Significant nearby features landscape.) Gordon River none Functions Mitigation for previous permitlother historic use water quality & storage, wildlife habitat no Anticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Species (List spades, their legal that are representative of the assessment area and reasonably expected to classification (E, T, SSC), type of use, and intensity of use of the be found) assessment area) small/medium mammals, small fish, crabs, amphibians and birds wading birds (SSC) observed Evidence of Wlidllfe Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): none Additional relevant factors: Assessment conducted by: essment date(s): VAF 1/16/2009 Form 62- 345.900(1), FAC. ( effective date j PART It — Quantification of Assessment Area (impactor mitigation) (See Sections 62- 345.600 and .600, F.A.C.) 5ite/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park (nla for uplands) WL -5 Impact or Mitigation Assessment conducted by: Assessment date: mitigation VAF 111612009 Scori Guidance The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed Optimal 10 ode NBnimal 4 Not Piresent 0 (nla for uplands) Condition is less than fallen. With enhancement, spoil will be removed and the Austraillan pines will be removed including the fallen trees Condition is optimal and optimal, but sufficient to Minimal level of support of Condition is insufficient to fully supports maintain most wetland /surface water ce provide e wettand /surface water wetland /surface functions water functions water fundfons functions waterfuncuons 1. Vegetation and /or pepper (along the edges) and buttonwood; the herbaceous strata is dominated by swamp fem, swamp My golden .50o(6)(a) Location and Landscape Support W/o pre$ or ure nt with 7 8 Wetland 5 is adjacent to Gordon River, disturbed uplands, commercial and office space. It is hydrologically connected to Welland 2 to the east, also adjacent to Gordon River. To the southeast is an area dominated by Austrailian pine. With enhancement, the Australtian pine will be removed from the adjacent uplands eliminating the seed source and nuisance and exotic species will be removed from the wetland. .500(6)(b)Water Environment (nla for uplands) 'this wetland has spoil piles throughout and some of the ground is disturbed due to large Austrailian pines that have fallen. With enhancement, spoil will be removed and the Austraillan pines will be removed including the fallen trees which have disturbed the surface of the wetland. Resulting In improved hydrology throughout the wettand. w/o pres or current with " 7 8 .500(6)(c)Community structure This wetland contains large areas of nuisanoe/exotic vegetation along the edges. The canopy Is dominated by Austrailian pine, red mangrove, black mangrove and white mangrove; the subcanopy is dominated by Braailian 1. Vegetation and /or pepper (along the edges) and buttonwood; the herbaceous strata is dominated by swamp fem, swamp My golden 2. Berdhic Community leather fem and giant leather fern. As enhancement, the nuiance /exotic vegetation will be removed within the wetland and in the uplands to the southeast eliminating the adjacent seed source. w/o pres or current with 6 8 score = sum of above scores/30 (if uplands, divide by 20) current or W10 pres with 0.67 . EDelta = [with- current] i 0.13 Form 62445.900(2), F.A.C. [effective If preservation as mitigation. Preservation adjustment factor Adjusted mitigation delta = If Mitigation Time lag (t- factor)= 1.0 Risk factor= 1.25 date) For impact assessment areas FL = delta x acres = For mitigation assessment areas RFG = deltal(t- factor x risk) = 0.104 FL = RFG x acres - 1.3042 0 0 0 I a PART 1— Qualitative Description (See Section 62- 346.400, F.A.C.) Site/Project Name pplication Number Assessment Area Name or Number Gordon River Greenway Park WL-6 FLUCCs code Further classification (optional) Impact or ltigation Site? Assessment Area Size 6121 Impact - Boardwalk 0.16 Basinlwatershed Name/Number Affected Waterbody (Class) Special Classification(Le.OFA AR other lwallstatelrederal designagon of IrMcrtwm) Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands Wetland 6 is adjacent to Golden Gate Canal /Gordon River, a spoil berm to the west and Naples Airport to the east. Assessment area descriptlon Disturbed mangrove swamp that contains spoil and nuisancelexotic vegetation along the edges. Additionally,' the hydrology has been altered due the deposits of spoil that were placed along the edges of the wetland during the excavation of the Golden Gate Canal. Uniqueness (considering the retative rarity in relation to the regional Significant nearby features landscape.) Golden Gate Canal to the west and Naples Airport to the east none Functions Mitigation for previous permitlother historic use water quality & storage, wildlife habitat no Anticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utiization by Listed Species (List species, their legal that are representative of the assessment area and reasonably expected to classification (E, T, SSC), type of use, and intensity of use of the be found) assessment area) smallimedium mammals, small fish, crabs, amphibians and birds wading birds (SSC) Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings, nests, etc.): blue crab shell, rabbit scat, Yellow- crowned Night Heron, Brown Pelican and juvenile Bald Eagle flyover Additional relevant factors: PWs-essment conducted by: Assessment date(s): VAF 1/1612009 0 --- Form 62- 346.90D(1), F.A.C. ( effective date J PART II — Quantification of Assessment Area (impact or mitigation) (See Sections 62- 346,600 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number Gordon River Greenway Park Condition is optimal and WL -6 impact or Mitigation Assessment conducted by: Assessment date: Impact VAF 1116/2009 scoring Guidance The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed O imal 10 Moderate Minimal 4 Not Present 0 Condition is optimal and CondIO. Is less than optimal, but sufficient to Minimal level of support of Condition is Insufficient to fully supports maintain most wetland /surface, water , provide wetlandlsurface wetland /surface water welland /surface functions water functions functions waterfunctions This wetland contains spoil and nuisancelexotic vegetation along the edges. The canopy Is dominated by .500(6)(a) Location and Landscape Support w/o pres or current with 6 5 Wetland 6 Is adjacent to Golden Gate Canal and spoil areas to the west and Naples Airport to the east. .500(6)(b)Water Environment (n/a for uplands) The hydrology of this wetiand has been altered due the deposits of spoil that were placed during the excavation of the Golden Gate Canal. w/o pres or current with 5 7 .500(6)(c)Community structure This wetland contains spoil and nuisancelexotic vegetation along the edges. The canopy Is dominated by 1. Vegetation and /or Australian pine, cabbage palm, red mangrove, black mangrove and white mangrove; the suboanopy is dominated 2. Benthic Community by Brazilian pepper (along the edges), wild -lime and sea grape; the herbaceous strata is dominated by swamp fem, muscadine grape, scorpion-tai, seashore paspalum, pineland heliotrope, golden leather fern and giant leather fern. w/o pres or current wiih 6 3 Score =sum of above scores/30 (if uplands, divide by 20) current or w/o res with 0.56 0.5 Delta = fivith- current] -0.06 If preservation as mitigation, Preservation adjustment factor = Adjusted mitigation delta = if mitigation Time lag (t factor) _ Risk factor = Form 62- 345.900(2), F.A.C. (effective date] For impact assessment areas FL = delta (406) x0.18 acres = -0.011 For mitigation assessment areas RFG = deltaf(t- factor x risk) �J 0 0 PART I — Qualitative Description (See Section 62- 345.400, F,A.C.) SiteiProject Name Application Number I Assessment Area Name or Number Gordon River Greenway Park W--6 FLUCCs code Further classification (optional) Impact or Mttigallon Site? Assessment Area Size 6121 Mitigation 4.82 Basin/WatershedName/Number Affected Waterbody(Class) Special ClassHtcatltxtpeo6w. AP, other 1=1 10eteRederaldOOOGUOnOt impartence) Corkscrew Regional Ecosystem Geographic relationship to and hydrologic connection with wetlands, other surface water, uplands Wetland 6 is adjacent to Golden Gate Canal /Gordon River, a spoil berm to the west and Naples Airport to the east. Assessment area description bisturbad mangrove swamp that contains spoil and nuisance/exotic vegetation along the edges, Additionally, the hydrology has been altered du the deposits of spoil that were placed along the edges of the wetland during the excavation of the Golden Gate Canal. Significant nearby features Uniqueness (considering the relative rarity in relation to the regional landscape.) Golden Gate Canal to the west and Naples Airport to the east none Functions Mitigation for previous pennitfother historic use water quality & storage, wildlife habitat no nticipated Wildlife Utilization Based on Literature Review (List of species Anticipated Utilization by Listed Species (List species, their legal that are representative of the assessment area and reasonably expected to classification (E, T. SSC), type of use, and intensity of use of the be found ) assessment area) small/medium mammals, small fish, crabs, amphibians and birds wading birds (SSG) Observed Evidence of Wildlife Utilization (List species directly observed, or other signs such as tracks, droppings, casings; nests, eta): blue crab shell, rabbit scat, Yellow- crowned Night Heron, Brown Pelican and juvenile Said Eagle flyover Additional relevant factors: Assessment conducted by: Assessment date(s): VAF 1/16/2009 Form 62- 346.900(1), FA.C. j effective date ) PART 11 - Quantification of Assessment Area (impact or mitigation) (See Sections 62- 345.500 and .600, FA.C.) SitelProject Name Application Number Assessment Area Name or Number Gordon River Greenway Park Condition Is optimal and WL-6 Impact or Mitigation Assessment conducted by_ Assessment date; Mitigation VAF 1/16/2009 Scoring Guidance The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed optimal 10 Mode 7 Minimal 4 Not Present 0 Condition Is optimal and Condition is less than n the Golden Gate Canal. With enhancement, the spoil will be removed improving the connectivity to the Golden. optimal, sufficient to Minimal level of support of Condition is insuffident to furry supports maintain most wetland/surface water provide wetlandlsurface wetland /surface water wetland /surface functions water functions fUndions wateriundions Vegetation and /or by Brazilian pepper (along the edges), wild -lime and sea grape; the herbaceous strata is dominated by swamp fem, .5W(6)(a) Location and Landscape support w/o pres or current wi 6 7 Wetland 6 is adjacent to Golden Gate Canal and spoil areas to the west and Naples Airport to the east. With enhancement, many of the spoil areas will be eliminated (although the berm cannot be removed) allowing for native vegetation to recruit; thus, improving the surrounding habitat. .500(6)(b)Water Environment (rVa for uplands) The hydrology of this wetland has been altered due the deposits of spoil that were placed during the excavation of the Golden Gate Canal. With enhancement, the spoil will be removed improving the connectivity to the Golden. Gate Canal; thus, Improving the hydrology of the wetland. w/o pres or current with 5 7 .500(6)(c)Communily structure This wetland contains spoil and nuisance/exofic vegetation along the edges, The canopy is dominated by Austraifian pine, cabbage palm, red mangrove, black mangrove and white mangrove; the subcanopy is dominated Vegetation and /or by Brazilian pepper (along the edges), wild -lime and sea grape; the herbaceous strata is dominated by swamp fem, 2. . BenthTc Community muscadine grape, scorpion -tall, seashore paspalum, plrieland heliotrope, golden leather fern and giant leather fern. As enhancement, the spoil will be removed along with nulsance/exotic vegetation. With normal recruitment these w/o pres or areas will be vegetated with desirable, hydrophytic plants. current with 6 8 Score = sum of above scoreslso Of If preservation as mitigation, uplands, divide by 20) ------- Preservation adjustment factor current = or wla Les with Adjusted mitigation delta = 0.57 0.73 if mitigation Delta = [with - current] Time lag (t- factor) = 1.0 0.16 Risk factor= 1.25 Form 62- 345.900(2), F.AC. [effective date] For impact assessment areas FL = delta x acres = For mitigation assessment areas RFG = deltal(t- factor x risk) = 0.14 FL = RFG (0.16) x 4.82 acres = 0.7712 11 Uft � EXHIBIT 1-5 ti • • • D =�—=mar ENTRIX Listed Species Map' Gordon River GreemvayPark a¢.: �,ce•�.e a � •nweu3 •.n�. �eoa�ns +ar w� Collier County. FL •�r'�•-• �` • • D x 'r • IR l • le Gopher Tortoise Habitat Management Plan wli v-: 2-OW March 4, 2010 Revised September 13, 2010 E N T R I X C;oT te-Y +;ounty Down to Earth. Down to Business • 0 TABLEOFCONTENM PAGE I. Overview ............................................ . ...................................... ............................. l II. Site Description ........................................:.............................. ..........................:...1 Management and Unit 1 and Unit 2 ....... .............................. ..............................1 ManagementUnit 3 ...........:..................................................... ................:.............2 III. . Management Approach and Schedule .................................... ...:..........................2 EXHIBITS Exhibit 1 Location Map Exhibit 2 Upland Preservation/Land Use Map Exhibit 3 Upland Preservation/Soils Map Gopher Tortoise Habitat. Management Plan Gordon River Greenway Park Collier County, Florida Overview ENTRIX, Inc. has prepared the following Gopher Tortoise Habitat Management Plan for the Gordon River Greenway Park in Collier County, Florida. The following includes habitat descriptions for each management unit within the proposed gopher tortoise preserve and a summary of proposed management techniques to improve and maintain existing gopher tortoise habitat within the park. Site Decription The 123.6± -acre Gordon River Greenway Park is comprised of four distinct parcels located in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida (Latitude/Longitude: 26.168517 N /- 81.784889 W) (Exhibit 1). The upland portion of the largest upland habitat polygon has been proposed as a gopher tortoise preserve because of a healthy population of gopher tortoises currently occupying the parcel. This preservation area is bordered to the north by wetlands and Golden Gate Parkway, to the south and west by wetlands and the Gordon River, and to the east by Bear's Paw Golf Course. The remaining parcels within the Greenway Park are isolated fr om the main gopher tortoise preserve by the Golden Gate Canal and the Gordon River, and are bordered by the Naples Airport to the southeast and Goodlette Frank Road and associated commercial development to the south and west. The upland habitats within the proposed gopher tortoise preserve have been subdivided into three management units (units) to facilitate habitat management rotation. The habitat characteristics of each unit were classified pursuant to the Florida Land Use, Cover and Forms Classification System (FLUCFCS) (Florida Department of Transportation, January 1999), and are described below. In addition, the soils found on site were characterized and described pursuant to the Soil Survey of Collier County Area, Florida (1998). ' Management Unit 1 and Unit 2 Habitats within Management Units 1 and 2 were classified as Scrubby Flatwoods, <50% Downy Rose Myrtle (FLUCFCS 3271; 18.5 acres) and encompass approximately two thirds of the proposed gopher tortoise preserve following construction of the recreational trails. These management units are considered to be the highest quality habitat currently available for tortoises as evidenced by the dense tortoise population that exists in these units (Exhibit 2). The canopy and mid -story vegetation is comprised of scattered mature and immature slash pine (Pious elliottii) with less than 60 percent canopy closure, live oak (Quercus virginiana), sand live oak (Quercus geminata), and saw palmetto (Serena repens). The understory is comprised of wire grass (Aristida. stricta), runner oak (Quercus pumila), and gopher apple (Licania michauxxii), as well as a variety of forbs such as false pennyroyal (Micromeria bronei), and candyroot (Polygala nana). Downy G:104371177WOBWounty RAI Jan 20111EXhibit 16 GT plan \ar Managementmn 09132010.doc • 0 Page I of 3 t/1"� rose myrtle (Rhodomyrtus tomentosa) is moderate to dense in these units. Such coverage lessens the habitat value for gopher tortoises and other wildlife species that frequent this habitat. According to the Soil Survey of Collier County Area, Florida (1998), three soils types occur in Management Unit 1 and two types in Management Area 2 (Exhibit 3). Immokalee fine sand (Collier County Map Unit 7) is a nearly level, poorly drained soil commonly found on flatwoods and has a seasonal high water table of 6 to 18 inches for 1 to 6 months, and greater than 18 inches during the remainder of the year. In extreme drought conditions, water may recede to a depth of 40 inches or more. Holopaw Fine Sand (Collier County Map Unit 027) is in sloughs and drainage ways with a seasonal water table within 12 inches of the surface for 3 to 6 months of the years, recedes to below 12 inches during the dry season, and will reach a depth of 40 inches during droughts. This soil type is found on the extreme northern edge of Management Unit 1. The third soils type is Durbin Wulfuert Muck; Frequently Flooded (Collier County Map Unit 040) which is typically associated with wetlands. This soil type encompasses a combined 1.7t acres and is found on the outer edge of each management unit adjacent to the forested wetland. Under normal conditions, these soils are typically wet or flooded during extreme high tides, and torrential rainfall. Management Unit 3 This management unit was characterized as Scrubby Flatwoods, >50% Downy Rose Myrtle (FLUCFCS 3272; 8.0 acres) and comprises the southern third of the proposed gopher tortoise preserve. Habitat within this unit is of moderate to poor quality because of dense stands of downy rose myrtle (greater than 50 percent coverage throughout this area). The remaining native vegetation is similar to that in Unit 1 and 2. However, vegetation in Management Unit 3 is overall much denser than in the other units with little or no herbaceous understory. The soils found within this management unit are similar to those listed above and are classified as Immokalee fine sand (Collier Qounty Map Unit 7) and Durbin Wulfuert Muck; Frequently Flooded (Collier County Map Unit 040) in accordance with the Soil Survey of Collier County Area, Florida (1998) (Exhibit 3). 111. Management Approach and Schedule Passive recreational activities are proposed within non - impacted uplands and the preserve area. Educational/interpretive signs will installed along walking, hiking and biking/rollerblading paths in -an effort to maintain the ecological integrity of the management areas utilized by gopher tortoises and to warn. the public that gopher tortoises could cross the paths creating a potential hazard to cyclists and roller - bladers. Construction and County maintenance personnel will also be educated prior to construction and on a periodic basis on how to avoid impacts to gopher tortoises and their habitat. Maintenance activities will be conducted in perpetuity and will involve a combination of mechanical treatment, selective hand clearing and prescribed fire. Methods for mechanical treatment for hardwood conifer mixed habitats include mowing, roller- GA0437 \177\S70B\Co=ty RAI ]an 2011 \Exhibit 16 GT plan)Gr ManagementPlan 09132010.doc Page 2 of 3 chopping, or bush hogging that will occur when daytime temperatures are below 75 degrees F (periods of reduced tortoise mobility). Hand pruning or clearing of mid -story vegetation will occur as necessary to control overgrowth and provide additional tortoise forage habitat. Selective harvesting of small (DBH < 6 inches) live oaks will maintain a relatively open understory and also provide tortoise foraging habitat. An initial management treatment will be conducted by bush hogging, roller- chopping, mowing or prescribed fire in overgrown areas. Additional management will be conducted at 2 -3 -year intervals, if necessary to maintain a minimum of 30% total ground area clear of aaw palmetto or other shrubs and to promote herbaceous. vegetation growth Habitat management will be staggered so that every management unit is not maintained during the same year to create a mosaic of suitable habitat. Prescribed burns may be conducted at 3-year intervals if judged feasible and necessary. Appropriate measures will be taken to prevent the spread of the fire to neighboring properties. Fire breaks shall not be constructed within 25 feet of any gopher tortoise burrow, unless tortoises are temporarily removed. Prior to scheduled maintenance activities, a habitat evaluation will be performed by a qualified biologist to determine maintenance requirements. i GA0437 \177\s70B\County RAI Jan 2011\Mbit ]6 GT plan\GT ManagementPlan 09132010.doc Page 3 of 3 4 Pine Ridge Bay Pelican 41 ineyards lid pe` � s All ni - Naple?' apl Project Boundary -123.6 ac. Lely N. 1.0 anH yNf map .111 IM- --,V ENTRX, ,z E N T R I X '-w4Y .1 g. d..-- 1; 1. Location Map Gordon River Greenway Park V saulsda cemef 81.'j TT ( 9 W It ..h 1. b W. ..,.a 4Y W..' r— .—Y w ' Collier County, Florida S- 21 :W Tl.q 45S P,925 e SarasaU, FL 3424* k(941)378 -0787 Coxcw 4!8 Sysie.i NAD 1983 u rm z(,,if, 17N k-O! i 0 9 0 Exhibit 3: Upland Preservation f Solis Map Gordon River Greenway Park Collier County, FL ENTRI E.awr �hn aa:�.vwa r' ' xrAw. HM EXHIBIT 17 0 • C 9 Big Cypress Fox Squirrel Management Plan March 4, 2010 Revised September 13, 2010 Project Number, 0437177.00 E N T R I X Coit N er Con-nty Down to Earth. Down to Business. TABLE OF ©ON ENTS PAGE Introduction......................................................................................... ..............................1 HabitatType ....................................................................................... ..............................' l Management Goals and Activities ...................................................... ..............................2 Exhibits Exhibit 1 Location Map Exhibit 2 Big Cypress Fox Squirrel Management Area Map 0 0 Big Cypress Fox. Squirrel Management Plan Gordon River Greenway Park Collier County, Florida Overview ENTRIX, Inc. has prepared this Big Cypress Fox squirrel Management Plan for the Gordon River Greenway Park, a 125.6 -acre passive park located near the corner of Golden Gate Parkway and Goodlette -Frank Road in Collier County, FL (Exhibit 1), The Big Cypress fox squirrel (Sciurus niger avicennia), a state- listed Threatened species, prefers pine- and oak - dominated communities with an open, herbaceous understory for nesting and foraging. Habitat similar to this occurs within the scrubby flatwoods with <50% downy rose myrtle (Exhibit 2), Florida Land Use Cover and Forms Classification System, FDOT (1999) (FLUCFCS 327 1) and the adjacent Bear's Paw Golf Course. ENTRIX ecologists observed two (2) fox squirrels (likely a breeding pair) on several occasions foraging within the adjacent golf course, but none were observed within the proposed Gordon River Greenway Park site. It is likely, however, that these animals make periodic use of the proposed upland preserves. According to current State guidelines, active Big Cypress fox - squirrel nests cannot be destroyed during site development. Fox squirrels nest twice a year (January to June and August to December) with July normally being a non - nesting month. Therefore, if fox squirrels are documented within the limits of any proposed clearing for the placement of facilities or boardwalks in the future, Collier County is committed to inspecting each potential nest tree prior to initiating clearing activities to confirm that no fox squirrel nests are being impacted. Construction of the Gordon River Greenway Park project including parking lots, bioswales, and boardwalks, as well as efforts to improve habitat quality are not anticipated to significantly impact Big Cypress fox squirrels or their habitat. 11. Habitat Type Scrubby Flatwoods <50% Downy Rose Myrtle (FLUCFCS 3271; 18.5 acres) This area is located on the eastern portion of the property, west of the Golden Gate Canal and Bear's Paw Golf Club. This upland area is considered to be high quality; however, downy rose myrtle has become densely established. The dominant vegetation is saw palmetto (Serenoa repens), slash pine (Pinus elliottii), and wire grass (Aristida stricta) with less than 50 percent downy rose myrtle. The soil is classified as Immokalee fine sand, an upland soil according to the Soil Survey of Collier County Area, Florida (1998). GA0437\1771S70A\Big Cypress Fox Squirrel Mgt Plan109132010 version\bss_bcfs Mgmt Plant 09132010.doe Page 1 of 2 III. Management Goals and Activities Pre - development surveys will be preformed for Big Cypress fox squirrel for all Scrubby Flatwoods areas impacted by facilities, boardwalks, and stormwater treatment infrastructure. If nesting Big Cypress fox squirrel are found present in construction areas, a temporary 125 -foot no clear buffer will be marked around the nest tree(s). If deviation of this avoidance methodology is proposed, Collier County will present alternative information to FWC for review and approval prior to implementation. • Perpetual maintenance and active management of preserve and non - impacted uplands including Scrubby Flatwoods for utilization by Big Cypress fox squirrel. • Initial and in perpetuity control of nuisance species will improve Scrubby Flatwoods habitat used by Big Cypress fox squirrel. • Placement of educational /interpretive signage along boardwalks and trails that intersect Scrubby Flatwoods to identify Big Cypress fox squirrel and describe life history and habitat requirements. • Gopher tortoise management practices which overlap this management area will provide necessary maintenance events to provide optimal habitat for Big Cypress Fox Squirrel. In addition, pines and oaks will be maintained in these areas in numbers adequate to provide this species with food and cover. • GA0437\177 \S70A\Big Cypress Fox Squirrel Mgt Plan\09132010 version\bss_bc& MgnA Plant 09132010.doc Page 2 of 2 Pine Ridge Pelican Bay t_ 1 F�e.•ak. 1. apfes Mani Napief Project Boundary -123.6 ac. +\ Lely � � 4290 Yat °o o z1o9 ,' H EkT(tX IM �• S E N T R I X �LPh7 N Nte rp .Y_ pp br dmn °n ` v, oe i PY p bT b n; OU1 Location Map sa r:aus d rr P- a cs n° sa'° romcnsm.•ry °+ sro ua�r v 40°md°. 4 u° m. rcoP s mr awa H aaa. Gordon River Greenway Park 72 Sxxlxa Cepirs Blw,+. Saraota. FL 342±4 ph, 1°41i 77 *, -0650 b (94. j 778-0787 wwa.entrixcom rw�'a 11 to uvd a. such R b ds uw's ww" W-V �. Collier County, Florida q . tC ".d .un.wr. nr.. roomAaer�.v T- 414S cxof'y'. ce System. 1425E NAD W83 UTMZx ?e 17.`!id@! Dave. 91fY,Q911 Rov oa1o: rxluixr P4. YAF G15 Anet/,t. JMB 73ap Dowmem: OJ.17 1T1_{p�flbn�A_1,Xl114175 m:d Proied tNimblr 61]7 -577 FDF Lbwm°R' W ?7,.177_bTalbn A 1 29119125.pt/ A°t5izd. 0 West Indian Manatee Management Plan March 4, 2010 Revised September 13, 2010 i 0 ENTRIX c'OkUe-r Co74"ty Down to Earth. Down to Business. • • L� PAGE I. Overview ................................................................................... ............................... l H. Kayak and Canoe Launch .......................................................... ..............................2 III. Additional Assurances ............................................................... ..............................2 A. Construction Operations ................................................................... ..............................2 B. Construction Monitoring and Reporting ........................................... ..............................2 C. Education Kiosk ................................................................................ ..............................3 EXHIBITS Exhibit 1 Location Map Exhibit 2 FWRI Seagrass Database Map Exhibit 3 Manatee Critical Habitat Map Exhibit 4 Manatee Deaths Map • West Indian Manatee Management Plan Gordon River Greenway Park Collier County, Florida Overview ENTRIX, Inc. has prepared this West Indian Manatee Management Plan for the Gordon River Greenway Park, a 125.0 -acre passive park located near the comer of Golden Gate Parkway and Goodlette -Frank Road in Collier County, FL (Exhibit 1). The West Indian manatee (Trichechus manatus), is a State and federally listed Endangered species commonly found in coastal, estuarine, and riverine habitats near coastal areas. Manatees require access to freshwater sources, vascular aquatic plants for foraging, channels of minimum 6 -foot depth for movement, and access to natural springs, coves, and warm -water refugia for foraging, mating, and wintering. All of these conditions are found within the Gordon River and Golden Gate Canal areas. The extensive Golden Gate Canal system, dredged in late 1960s, allows boating access to the Gulf of Mexico for several single- and multi - family developments. This canal system flows into Naples Bay. The West Indian manatee is drawn to and capable of accessing the inland canal system, rivers, and bays near the project site to feed, calve, and mate. • Exhibit 2 illustrates the location of the project in relation sea grass beds provided from the Fish and Wildlife Research Institute (FWRI). The U.S. Fish and Wildlife Service (FWS) has identified key areas as "critical habitat" for the manatee (Exhibit 3), which is defined by the Endangered Species Act (ESA) and is afforded high levels of protection. According to the Collier County Manatee Protection Plan (May, 1995), the Golden Gate Canal/Gordon River area is not a significant area for manatee population concentrations or mortality within the County. As such, this region has been designated as a "Slow Speed" zone year round, including the channel (68C- 22.023(1)(c)2. Naples Bay south of Gordon River is designated as an "Idle Speed" zone all year round including the channel (68C- 22.023(1)(b)1). According to the Florida Fish and Wildlife Conservation Commission (FWC) Research Institute's 2007 Manatee Mortality Report, three (3) manatee deaths occurred within a one (1) mile radius of the project boundary (Exhibit 4). None of these mortalities were attributed to boating collisions or other human- related causes, but were natural or prenatal causes. Based on these results and the fact that motorized vessels will be prohibited in the canoe/kayak drop -off area, the impact to manatees and their habitat should be minimal. Impacts are largely confined to those associated with the construction of an elevated boardwalk through a portion of the coastal mangrove forest and a pedestrian bridge across the Gordon River. Installation of these structures and selection of materials will use Best Management Practices to minimize impacts to the surrounding habitat. Footers for the pedestrian bridge will be installed in the adjoining mangroves to avoid any construction or obstruction within Gordon River that might impact manatees or their movements. Although potential negative impacts to manatees are minimal, Collier County is committed to implementing the FWC Standard Manatee Conditions for.In -Water Work (July 2005) for all 0. \0437\177\S70B\Manatee\agwl4_mf manatee 09132010.doc Page I of 3 C • bridge and boardwalk work conducted within Gordon River to ensure the safety of manatees. Therefore, a determination that the project "May Affect, but is Not Likely to Adversely Affect" is appropriate for the West Indian manatee. II. Kayak and Canoe Launch No traditional power boat. facilities, including boat ramps, dock, mooring, lifts or storage facilities, are proposed with the Park project. The project will construct a kayak and canoe launch to access the Gordon Rivet and Golden Gate Canal as blueway trails. No impacts to West Indian manatees are anticipated as a result of these Park's water related activities. III. Additional Assurances A. Construction Operations Prior to initiation of construction, the contractor shall instruct all project personnel about the listed status of manatees, their possible presence near the project site, and the need to avoid collisions with manatees. Construction personnel will also be advised of the civil and criminal penalties resulting from a successful conviction for harming, harassing, or killing manatees under applicable state and federal laws. Manatee awareness signs will be posted prior to and during all aquatic construction activities as part of the MPP. As necessary, turbidity and erosion control measures, e.g., turbidity screens, will be placed in a manner that minimizes or prevents a risk of entanglement for manatees. Turbidity and erosion control measures will be removed as quickly as water quality conditions allow. All work in the water with heavy equipment, e.g., placement of piling, will cease if manatees are observed within 300 feet of the work location. A log detailing all sightings, collisions, or injury to manatees will be kept by the contractor. B. Construction Monitoring and Reporting To minimize potential adverse effects to the West Indian manatee, the Applicant is committed to implementing the FWC Standard Manatee Conditions for In -Water Work (July 2005) for all bridge and boardwalk work conducted within Gordon River to ensure the safety of manatees. Therefore, the project is not anticipated to have adverse-effects to this species. Within sixty days of project completion, a report summarizing any incidents or sightings of manatees shall be submitted to the U.S. Fish and Wildlife Service (FWS) and the Florida Department of Environmental Protection (FDEP) Manatee Recovery Program. Any collisions with manatees during project construction will immediately be reported to Manatee Hotline (1- 800 - 342 -1821) and to the FWS, Jacksonville (904- 791 - 2580). The educational display to be posted at the canoe/kayak launch will include the telephone numbers needed to report any boat/manatee collisions. 0: \0437\177\S70B\Manatee \agw14_mf manatee 09132010.doc Page 2 of 3 C. Education Kiosk Prior to use of the proposed kayak and canoe launch, a permanent educational display will be established and maintained at the launch to increase the awareness of users about the possible presence of manatees and actions that can be taken to minimize hann and harassment to manatees. The display will also include information on manatee ecology; its federal and state protected status; the civil and criminal penalties for harming, harassing or killing manatees; and the manatee "hotline" number for reporting collisions. The display will also illustrate established Idle/No Wake Speed Zones. Prior to implementation, the text of the educational display will be submitted to the FWS for review and approval. Collier County will be responsible for the implementation and maintenance of the educational display. Manatee Basics for Boaters Figure 1: Example of a Manatee Awareness Sign Ga0437\177\S70B\N1anatee\agw 14_mf manatee 09132010.doc Page 3 of 3 • 0 0 � � � Rine Rid e Pelican Bay I Naple Project Boundary - 123.6 ac. Lely ENTRIX Location Map Symaia FL q240 Gordon River Greenway Park County, Florida b, Collier S�CV 34 • 0 Exhibit 2: FWRI Seagrass Map ; E N T R ( X �- Gordon River Greenway Park Collier County. Florida • 0 0 i Exhibit 4: Manatee Mortality Map ENTRIX Gordon River Greenvray Park P °� � :;Y „ {;;•' Collier County, Florida -° UVQ1 "o. 0 i 0 0 • • EXHIBIT 19 VI C��111�i Wading Bird Management Plan March 4, 2010 Project Number ; 0437177,00 $700 E N T R I X Co e-r C;ounty Down to Earth. Down to Business 0 0 0 C PAGE I. Overview ................................................................................. ..............................1 II. Habitat Type ............................................................................ ..............................2 III. Wading Bird Species ............................................................... ..............................4 IV. Management Goals and Activities .......................................... ..............................4 TABLES Table 1. State and federally listed species that occur, or have the potential to occur within the Gordon River Greenway Park. Table 2. Wetland Use Calculations 0 EXHIBITS Exhibit 1 Location Map Exhibit 2 Wood Stork and Wading Bird Rookery Map Exhibit 3 Wetland Limits Map Exhibit 4 Land Use Map • 0 Wading Bird Management Plan Gordon River Greenway Park Collier County, Florida Overvlew ENTRIX, Inc. has prepared this Wading Bird Management Plan for the Gordon River Greenway Park, a 123.6 -acre passive park located near the corner of Golden Gate Parkway and Goodlette -Frank Road in Collier County, FL (Exhibit 1). With the exception of the state and federally endangered Wood Stork (Mycteria americana), all of the birds listed in Table 1 below are Florida Species of Special Concern, except for the Yellow - crowned Night Heron (Nyctanassa violacea), which is not listed. During the extensive fieldwork conducted by ENTRIX ecologists as part of this project, several listed and non - listed wading birds were observed foraging within the exposed and mangrove- dominated shorelines along the Gordon River and Golden Gate Canal. No nesting by listed wading birds was observed, but a small rookery of non - listed Yellow- crowned Night Herons was observed on a small mangrove island located at the intersection of Gordon River and the Golden Gate Canal. Although this island is not currently used for nesting by listed species, its use in the future is possible. A review of the Florida Fish and Wildlife Conservation Commission (FWC) online Wood Stork/wading bird rookery database (Exhibit 2), revealed that only one wading bird colony was located within five (5) miles of the project boundary, and this colony has been inactive during the past decade. The project boundary is also within the 18.6 -mile Core Foraging Area (CFA) of some of the most significant Wood Stork nesting colonies in southwest Florida; especially those at Corkscrew Swamp Sanctuary (Exhibit 2). Exhibit 2 also illustrates the location of the Yellow - crowned Night Heron rookery on one of the two mangrove islands within the project area. It is unlikely that nesting by any listed wading bird might occur elsewhere (other than the mangrove islands) on the project site within the mangrove- dominated wetlands along Gordon River due to the presence of predators (raccoons, rats). Activities within areas utilized by wading birds include: a park node with.parking and maintenance facilities, pedestrian boardwalks through wetlands adjacent to the Gordon River, two 10 -foot pedestrian bridges over the River, a temporary impact for the construction of a stormwater conveyance pipe to a water quality treatment bioswale, and dredge a channel through existing wetlands to connect the Gordon River to a kayak drop and tidal lagoon. The total acreage of these wetland impacts are 4.76 acres, and the non- impacted wetlands totals 75.21 acres (Table 2). • Q: 0437\1 774S70B \County RAI Jan 2011\EX19 WADING BIRDS \hss01_W2din8_Mt9_P1an.doc Page 1 of 5 • Table 1. State and federally listed species that occur, or have the potential to occur within the Gordon River Greenway Park. Common Name Scientific Name FWC FWS Typical Habitat Utilized Probability of Occurrence Yellow - crowned Night Heron Nyctanassa violacea - _ 0.95 Observed (Mangme Island Rookeries Lim kin Aramus guarauna SCC 100% WL -5 Not Likely Little Blue Heron E retta caerulea SSC 5.0 4.82 High Reddish Egret E retta ru escens SSC 94.1 High Roseate Spoonbill Platalea a as SSC High Snowy Egret Ekretta thula SSC Hi Tricolored Heron Egretta tricolor SSC High White Ibis Eudocimus albus SSC High Wood Stork Mycteria americana E E High Offsetting wetland impacts through the enhancement of non - impacted wetlands will also enhance habitat for wading birds. The project shall eradicate nuisance non- native vegetation on the entire property (79.4 acres) and will provide for long -term management including continued nuisance control of native areas. It is anticipated that wetland areas may become more suitable for Wood Storks and other state- listed wading birds once nuisance control activities have been initiated (increase in suitable foraging area, etc.), and active management of preserved and non- impacted wetlands is maintained in perpetuity. Table 2. Proposed Native on -im acted Wetland Calculations Wetland Number Area (acres) Proposed Native (Non - impacted ac. ) Proposed Native (Non- impacted Percentage) WL -2 60.6 56.27 91.3% WL -3 1.2 0.95 79.2% WL-4 0.63 0.63 100% WL -5 12.7 12.7 1000/0 WL -6 5.0 4.82 96A% TOTAL 80.13 75.37 94.1 Habitat Types ENTRiX delineated, pursuant to State and federal regulations, wetlands that occur within the Gordon River Greenway Park project area (Exhibit 3). The delineated wetlands were divided into six (6) discrete polygons (Exhibit 3) based on their Florida Land Use, Cover and forms Classification System (FLUCFCS), (FDOT January 1999) classification or combination of classifications (Exhibit 4). The wetland IDs and land use habitat types in their current conditions are summarized below. The 79A acres (which excludes project G:\0437 \177\S70B \County RAI Jan 201 IM19 WADING BIRDS\bss01_Wading,Mtg_P1 -.doe Page 2 of 5 9 impacts from dredge /fill activities and shading) of non - impacted wetlands will be available for wading birds to loaf, forage and potentially nest. The focus for wading bird rookery management will be the two mangrove islands at the southern extent of the project areas within the Gordon River. Wetland 2 (60.6 acres• FLUCFCS 6121/6171) Mangrove Swamp Disturbed/Mixed Wetland Hardwoods Disturbed Wetland 2 encompasses most of the property and is directly connected to the Gordon River to the west and to the Golden Gate Canal to the east. Additionally, the Naples Zoo is located west of this wetland and Bears Paw Golf Course is to the east. This wetland is of moderate quality: disturbances consist of nuisance/exotic vegetation (35 %) and many fallen trees. The canopy along the edge is comprised of laurel oaks, slash pine, Australian pine, cabbage palm, and melaleuca. Red mangrove, black mangrove, buttonwood, and white mangrove comprise the other canopy species in the midzone of the wetland. The sub -canopy consists of Brazilian pepper, gumbo limbo (Bursera simaruba), wax myrtle (Myrica cerifera), white indigoberry (Randia aculeate), Spanish stopper (Eugenia foetida), shoe button ardisia, and lyonia ( Lyonia ligustrina). The herbaceous stratum contains sawgrass (Cladium jamaicense), black needlerush (Juncus romerianus), swamp fern, golden leather fern (Acrostichum aureum), and giant leather fern (Acrostichum danaeifolium). The soil in this system is classified as Durbin and Wulfert Mucks, frequently flooded, which is included on the list of hydric soils for Collier County. Wetland 3 (12 acres, 6301) Wetland Forested Mixed Disturbed Wetland 3 is a tidally influenced forested system that lies west of the Gordon River and south of the Naples Zoo. It is located on the northern half of the property and is part of a larger system that extends along the western edge of the Gordon River. This wetland is very disturbed, contains spoil piles throughout the system and a Swale along the southern edge, and is comprised of approximately 90 percent nuisance /exotic vegetation. Nuisancelexotic vegetation includes; Brazilian pepper, Australian pine, and shoe button ardisia. Dominant vegetation consists of Australian pine with scattered red mangrove and buttonwood in the canopy; Brazilian pepper, cabbage palm, and shoe button ardisia in the sub - canopy; and golden leather fern, giant leather fern, Boston fern (Nephrolepis exaltata), and swamp fern in the herbaceous stratum The soil in this system is classified as Durbin and Wulfert Mucks, frequently flooded, which is included on the list of hydric soils for Collier County. Wetland 4 (0.6 acres, 6171) Mixed Wetland Hardwoods Disturbed Wetland 4 is located west of the Gordon River and north/soutb/east of Wetland 2. This freshwater system is low quality and has been invaded by melaleuca. There is slash pine, cabbage palm, wax myrtle, downy rose myrtle, and swamp fern along the edge of this system. Melaleuca comprises the canopy and sub -canopy within the wetland mid -zone, and black needlerush comprises the herbaceous layer. The soil in this_ system is classified as Immokalee fine sand, an upland soil series. Wetland 5 (12.7 acres; FLUCFCS 6121) Mangrove Swamp Disturbed Wetland 5 is located west of Gordon River and is of medium quality with some nuisance /exotic species present. It has a ditch at the southern end and is bordered by commercial facilities to'the west and south. A Bald Eagle (Haliaeetus leucocephalus) G:\0437\1774S70B \County RAI Jan 2011\EX19 WADING BIItDS \bss01 Wading_Mtg_PIan.doc Page 3 of 5 was observed flying above the wetland. This wetland contains many fallen trees and nuisance/exotic vegetation. Species observed in the wetland canopy include scattered Australian pine, red mangrove, black mangrove and white mangrove. The sub - canopy is primarily comprised of Brazilian pepper, cabbage palm and buttonwood The herbaceous stratum is comprised of crinum lily, swamp fern, giant leather fern, and golden leather fern. The soil is classified as Durbin and Wulfert Mucks, frequently flooded, which is included on the list of hydric soils for Collier County. Wetland 6 (5.0 acres, FLUCFCS 6121) Mansrove Swamp Disturbed This wetland is located east of the Gordon River and immediately west of the Naples Airport. Wetland 6 is connected to Gordon River to the north and west. This system is of medium quality due to the presence of nuisance /exotic vegetation and fallen trees. Wildlife is expected to utilize this wetland often for foraging and nesting purposes; a Yellow - crowned Night heron (IVyctanassa violacea) and Brown Pelican (Pelecanus occdentalis) were observed. Vegetation present in the wetland canopy includes Australian pine, red mangrove, buttonwood, black mangrove, and cabbage palm. A sub - canopy is present along the edge of the wetland and is comprised of Brazilian pepper, seagrape (Coccoloba uvifera), and wild lime (Zanthoxylum fagara).. Species found in the herbaceous stratum include giant leather fern, golden leather fern, oyster plant (Tradescantia spathacea), scorpion's tail (Heliotropium angiospermum), seashore paspalum (Paspalum vaginatum), pineland heliotrope (Heliotropium polyphyllum) and • grapevine (Vitis rotundifolia). The soil is classified as Durbin and Wulfert Mucks, frequently flooded, and Hallandale fine sand which are included on the list of hydric soils for Collier County. 111. Wading Bird Species Table_ 1 summarized wading bird species that have been observed, or have the potential to utilize the project area preserves. IV. Management Goals and Activities • Perpetual nuisance plant species control to enhance wetlands and improve areas available for loafing, foraging and nesting. Depending on severity of nuisance coverage, nuisance control should be preformed every one to three years. Target species include: Brazilian pepper (Shins terebinthifolious), Australian pine (Casuarina equistetifolia), downy rose myrtle (Rhodomyrtus tomentosa) and other Category I and II species on the Florida'Exotic Pest Plant Council (FEPPC). Nuisance control should occur anytime that invasive species exceeds 10% of the coverage within a given habitat type. A goal of 5% or less of nuisance species coverage should be established for all preserve areas within the Park. • Collier County Parks and Recreation Department and local law enforcement will enforce park lands and waterways utilization by pedestrians and boaters to minimize harm and harassment of Yellow- crowned Night Heron rookeries, and . future wading bird rookeries. Ability to issue fines for wading bird violations under County, State or federal laws provides further assurance to achieve G: \0437 \177\S70B \County RAI Jan 2011\EX19 WADING BIRMbsssOl Wading_Mtg_Plan.doc Page 4 of 5 r� u management goals of maintaining and expanding areas within the park for wading birds. • Collier County Parks Department staff will provide periodic trash removal, potentially quarterly, within non - impacted wetlands and Gordon River to minimize the potential for foraging birds from ingesting plastics and other harmful waste materials. • Annual assessments of preserve areas to determine level of wetland functionality for wading birds, particularly current and future rookery success. Implement a water quality sampling program, perform bird and nest counts, track nest success and sample for abundance and distribution of wading bird prey species to assess health of Park preserves at various trophic.levels. • Allow for adaptive management strategies as wading bird needs change and the population in Collier County grows. • Maintain Gordon River and associated mangrove swamps and other wetlands, along with proposed bioswales and stormwater management features to provide well- established foraging locations over a wide range of seasonal water levels. • The Collier County Parks Department will install educational/interpretive signage along boardwalk and trail segments as well as at parking and trailhead kiosks. The educational information will include pictures and descriptions of wading birds and their habitats as well as information about violations and enforcement pertaining to the harm and harassment of these species. • • G: \0437 \177\S70B \County RAI Jan 2011 \EX19 WADING BIRDS\bss01 Wading_Mtg_P1an.doc Page 5 of 5 L Pelican Bay Pine Rid as I= Project Boundary - 123.6 ac. +�- I es err -; 3Vapie� �1 0 T,COO 14,000 For -r a t'scav�araB��nar wce.auausa rrv. vra uanrpp)r .no nva s.nwv:nc� _ _ � _ _ _ •,u��msv nvp:: nvv,wrara, yr r,r uocu:ncru. v. _ _ -. _ ,��•�w ...• +�•. o.a ... 1Fit may kn at CaV comfarm! very im �a.� vrcn ea wanxry �n,�x rx Wm)YYOt'ms tn(Ans:CN;y krEamaQe) a,TS,y Bam xy ai:m)mx mryvW tat Location Map -� E N T R I X fU u)B Ct m)a)BN ev)ma�s.ak(M Lb ro>Gt.,,a.ty BI qB uSBr b OabmWV Y 1 +,8 BJ'i 4� IY) maa rtnt3 In0 4)M) nBN). it t) ' 22 Swaaoa Canter Dod p!. X411 378-0663 Bvo ra) a.�� •W•. r�• mo�c r ca ume B) :vcn. u e no a.-) ro�a'sk as b BIIGa'n flv )ar »y 4 :4. vBer„ W , tam,,nr. �a�, weeyhw Gordon River Greenway Park Collier County, Florida 1"4 za t�,:�es 53ram4a,FL8420 b(941)378•'J787 nvru.ontlfa.cOm C.arOtn;le$Y5V4L WNO 1983 UTW, Zone U-] Ie-' t'scav�araB��nar wce.auausa rrv. vra uanrpp)r .no nva s.nwv:nc� _ _ � _ _ _ •,u��msv nvp:: nvv,wrara, yr r,r uocu:ncru. v. _ _ -. _ ,��•�w ...• +�•. o.a ... • 0 ENTRIX Wood Stork / Wading Bird Rookeries Gordon River Gaenway Park w��%% ±"•�.��; Collier County, Florida • 0 C� v Exhibit -3 Wetlands Map ��,j�jJyp�{{,,�j Gordon River Grecnway park Lf t:4GCnk•6•J r�,nvu ;n Collier County, Florida ENTRIX Exhibit -4 Land Use Map .r V.bld P:A1 to Gordon River Greenway Park a.•a 2fa: • <iaymaxr < Collier County, FIL 0 0 0 EXHIBIT 20 Plant list of Gordon River Common names Scientific names Status AIR - POTATO Dioscorea bulbifera Not native N/E I AMERICAN BEAUTYBERRY Callicar a americana Native UPL AMERICAN EVERGREEN S n onium podo h ilum Not native N/E I ARECA PALM Dypsis lutescens Not Native AUSTRALIAN UMBRELLA TREE Schefflera actino h lla N/E I AUSTRALIAN -PINE Casuarina a uisetifolia FAC N/E I BALSAMPEAR Momordica charantia Not native BAMBOO Bambusa sp. FACU Not Native BANYAN TREE Ficus benghalensis Not native BEAUTY LEAF Ca/ophyllum sp. N/E I BEGGARTICKS SPANISH NEEDLES Bidens alba Native FAC BISHOPWOOD Bischofia javanica N/E I BLACK MANGROVE Avicennia germinans OBL BLACKROOT Pterocaulon yqnostachyum Native BOTTLEBRUSH THREEAWN Aristida s iciformis FAC BRACKEN FERN Pteridium a uilinum FACU BRAZILIAN PEPPER Schinus terebinthifolius FAC WE I BUSHY BLUESTEM Andro 0 on glomeratus Native FACW BUTTONWOOD Conocar us erectus FACW CABBAGE PALM Saba! palmetto FAC CAESARWEED Urena lobata FACU N/E 11 CALLOOSE GRAPE VIM shuttleworthii FAC CANDYROOT Polygala nana FACW CARDINAL AIRPLANT Tillandsia fasciculata EFL CARROTWOOD Cupaniopsis anacardioides FAC N/E I CASTORBEAN Ricinus communis N/E II CHAPMAN'S OAK Quercus chapmann Native CHINABERRYTREE Melia azedarach N/E II COASTALPLAIN STAGGERBUSH Lyonla fruticosa FAC COCO PLUM Chrysobalanus icaco FACW COCONUT PALM Cocos nucifera FACU not native COINVINE Dalbergla ecasta h ilum FACW COMMON DAYFLOWER Commelina diffusa NoT Nativ FACW COMMON RAGWEED Ambrosia artemisHfolia Native UPL CORAL VINE Anti onon le to us N/E It CREEPING OXEYE, WEDELIA S ha neticola trilobata FAC N/E II CURE - FOR -ALL, PUCHEA Pluchea carolinensis FACW CUT -LEAF PHILODENDRON Monstera deliciosa Not native DAHOON holly Ilex cassine OBL DOGFENNEL Eu atorium capillifolium Native FAC DOWNY ROSE. MYRTLE Rhodom rtus tomentosa FAC N/E I DROPSEED, PINEYWOODS S orobolus junceus Native DWARF LIVE OAK Quercus minima Native EARLEAF ACACIA Acacia auriculiformis FAC N/E I FLORIDA PAINTBRUSH Car he horus corymbosus FACU FLORIDA ROYAL PALM Roystonea regia FACW Enda ere FLORIDA SWAMPPRIVET Forestiera segregata FAC FLORIDA TASSELFLOWER Emilia fosber ii Not native G:\srq\0437\17AS700 \dds Plantlist Gordon River • s! I 0 C. FOGFRUIT MATCHWEED Phyla nodiflora FAC FORKED BLUECURLS Trichostema dichotomum Native GALLBERRY Ilex alabra FACW . GIANT LEATHER FERN Acrostichum danaelfolium OBL GOLDEN LEATHER FERN Acrostichum aureum OBL T GOLDEN POLYPODY Phlebodium aureum Native GOLDENROD Solida o sp . Native FACU GOPHER APPLE Licania michauxil Native GREENBRIER Smilax auricu/ata FACU GREENBRIER Smilax sp. , Native FACU GROUNDC.HERRY Ph sails an u/ata FAC GROUNDSEL TREE Baccharis halimifolia FAC Native GUINEAGRASS Panicum maximum FAC N/E II. GUMBO -LIMBO Bursera simaruba Native Hamella patens FIREBUSH Native HURRICANEGRASS Fimbristylls cymosa Native FAC INDIAN LAUREL Ficus microca a N/E I INFLATED & REFLEXED WILD PINE Tillandsia ba/bislana FL JAVA PLUM Syzyglum cumini FAC, N/E I LANTANA Lantana samara FACU N/E I LATHERLEAF; ASIAN NAKEDWOOD Colubrina asiatica FAC N/E I LEADTREE Leucaena leucoce hala N/E II LIFE PLANT Kalanchoe s p. N/E 11 LIMPOGRASS Hemarthria a/tissima N/E 11 LIVE _OAK Quercus virginiana UPL LONGAN Dimocar us ion an Not native LOPSIDED INDIANGRASS Sorghastrum secundum FACU LOVE VINE Cass tha hliformis FAC Native MAHOE Tall ariti tiliaceum N/E 11, FAC MAHOGANY WEST INDIAN Swietenla maha oni Threatened, FL MALABAR PLUM; ROSE APPLE Syzyglum,jambos FAC, N/E II MARYLAND GOLDENASTER Chrysopsis mariana UPL MASTIC FALSE Sideroxylon foetidissimum Native MELALEUCA PUNKTREE Melaleuca quinquenervia N/E I, FAC MOTHER- IN-LAW'S TONGUE Sansevierfa h acintholdes Not native N/E 11 MULLEIN NIGHTSHADE Solanum donianum Threatened, FL MUSCADINE GRAPE Vitls rotundifolia FAC MYRSINE Ra anea unctata FAC NAPIERGRASS Pennisetum ur ureum FAC N/E I. NARROWLEAF SILKGRASS Pi o sis raminifolia Native NEEDLE RUSH, BLACK RUSH Juncus roemerlanus OBL Native NETTED PAWPAW Asimina reticulata Native Endemic OYSTER -PLANT Tradescantia s athacea. N/E 11 PAPAYA Carica papaya Not native PAPER MULBERRY Broussonetia papyrifera N/E II PARTRIDGE PEA Chamaecrista fasciculata FACU Native PASSIONFLOWER, CORKYSTEM Passiflora suberosa Native PENNYROYAL, WILD FALSE. Piloble his ri ida Native PINELAND ACACIA Acacia pinetorum Native PINELAND HELIOTROPE Heliotro /um of h llum I FAC PINGUIN Bromelia In uin lErlocaulon 1 Not native PIPEWORT HATPINS spp. JOBL G:\srq \0437\177\S700\dds Plantlist Gordon River PLUCHEA, SWEETSCENT Pluchea odorata FACW POISON IVY Toxicodendron radicans FAC POKEWEED . Phytolacca americana UPL POND APPLE Annona glabra. OBL PRICKLYPEAR O untia stricta FACU Threat.FL RECLINATA, SENEGAL DATE PALM Phoenix reclinata WE 11. RED BAY Persea borbonia FACW RED CEDAR Juni eras vir iniana FACU RED MANGROVE Rhizo Nora mangle OBL RESURRECTION FERN P/eo eltis potypodioides Native ROSARY PEA Abrus precatorius N/E I ROSE -RUSH Lygodesmia a hylla Native ROYAL POINCIANA Delonix re !a Not native RUSTY STAGGERBUSH L onia ferru inea FAC SAFFRON PLUM, BUMELIA Sideroxylon celastrinum FAC SALTGRASS Distichlis spicata OBL Native SALTWATER FALSEWILLOW Baccharis an ustifolia OBL Native SAND LIVE OAK Quercus geminata Native SATINLEAF Chrysophyllum oliviforme Threatened, FL SAW PALMETTO Serenoa re ens FACU SCORPIONSTAIL Heliotrop/um an iospermum FACU SCRUB OAK Quercus ino ina Native Endemic SEAGRAPE Cocco/oba uvifera FAC . SEASHORE PASPALUM Paspalum vaginatum OBL SENSITIVE PEA Chamaecrista nictitans . FACU Native SEPTICWEED Senna occidentalis Not native SHINY BLUEBERRY Vaccinium m rsinites UPL SHOEBUTTON Ardisia elliptica FAC N/E I SHORTLEAF GAYFEATHER Liatris tenuifolia Native SHORTLEAF ROSEGENTIAN Sabatia brevifolia Native FACW SHRUBBY FALSE BUTTONWEED S ermacoce verticillata Not native SIDA LLIMA Sida cordifolia Not native SIMPLELEAF CHASTETREE Vitex trifolia N/E II SLASH PINE Pinus a liottii FACW SMALL -LEAF CLIMBING FERN Lygodium micro ph llum N/E I SNOWBERRY - Chiococca a/ba FAC SOUTHERN NEEDLELEAF Til/andsia setacea Native SOUTHERN SANDBUR Cenchrus echinatus Native SPANISH STOPPER Eu enia foetida Native SPINY BLACK OLIVE lBucida molinetil Native STJOHN'S -WORT ATLANTIC Hypericum tenuifolium Native FACU STRANGLER FIG• GOLDEN FIG Ficus aurea Native FAC SUGARCANE Saccharum officlnarum FACU not native SWAMP BAY Persea palustris OBL Native SWAMP FERN Blechnum serrulatum FACW TICKTREFOIL Desmodium sp. Native TORPEDOGRASS Panicum repens FACW WE I TREAD - SOFTLY; FINGER -ROT Cnidoscolus stimulosus Native TREMMA NETTLETREE Trema micranthum Native FAC TROPICAL ALMOND, WEST INDIAN Terminalia.catcIppa . NIE II. TURKEYBERRY Solanum torvum WE II TWISTED AIRPLANT Tillandsia flexuosa T FL Gs \srq\0437\177\S700 \dds Plantiist Gordon River 14 • 9 L.J VALAMUERTO, Christmas cassia Senna pendula var. glabrata N/E I VIRGINIA CREEPER Parthenocissus quinquefol /a FAC WAX MYRTLE M rica cerifera FAC WHITE INDIGOBERRY Randia aculeata FAC WHITE MANGROVE La• uncularla racemosa OBL WHITE STOPPER Eugenia axillarls Native WHITEJACKET Anise/a martinicensis Not native. WHITEMOUTH DAYFLOWER Commelina erecta Native WHITEWOOD Drypetes diversifolia Endangered WILD BANYAN TREE Ficus citrlfolia Native FAC WILD COFFEE Ps chotria nervosa FAC WILD LIME Zanthoxy/um fagara Native WIREGRASS Aristida stricta FAC WOMAN'S TONGUE A/blzia lebbeck N/E I YELLOW STARGRASS Hy oxis spp. FACW YELLOWEYED GRASS • Xyris spp. IFACW Scientific names lCommon names Istatus Abrus precatodus ROSARY PEA FAC N/E I Acacia auriculiformis EARLEAF ACACIA Native Acacia pinetorum PINELAND ACACIA OBL Acrostichum aureum GOLDEN LEATHER FERN OBL Acrostichum danaelfolium GIANT LEATHER FERN N/E I Albizia lebbeck WOMAN'S TONGUE Native UPL Ambrosia artemislifolia COMMON RAGWEED Native FACW Andropo on glomeratus BUSHY BLUESTEM Not native Aniseia martinicensis WHITEJACKET OBL Annona glabra POND APPLE N/E II Anti onon le to us CORAL VINE FAC N/E Ardisia elli tica SHOEBUTTON FAC Aristida s Jclformis BOTTLEBRUSH THREEAWN FAC Aristida stricta WIREGRASS Native Endemic Asimina reticu/ata NETTED PAWPAW OBL Avicennia germinans BLACK MANGROVE OBL Native Baccharis an ustifolia SALTWATER FALSEWILLOW FAC Native Baccharls halimifolla GROUNDSEL TREE FACU Not Native Bambusa sp. BAMBOO Native FAC Bldens alba BEGGARTICKS, SPANISH NEEDLES FACW 81echnum serru/atum SWAMP FERN Not native Bromelia pinguln PINGUIN WE II Broussonetia papyrifera PAPER MULBERRY Native_ Bucida molinetil SPINY BLACK OLIVE Native Bursera simaruba GUMBO -LIMBO Native UPL Calllcar a americana AMERICAN BEAUTYBERRY Not native Ca/o h llum sp. BEAUTY LEAF N/E I Carica papaya PAPAYA FACU Carphe horus corymbosus FLORIDA PAINTBRUSH FAC Native Cass ha filiformis LOVE VINE FAC N/E 1 Casuarina a ulsetifolia AUSTRALIAN -PINE iNative G:\srq\043- AI771S7001dds Plantlist Gordon River Cenchrus echinatus SOUTHERN SANDBUR FACU Native Chamaecrista fasciculata PARTRIDGE PEA FACU Native Chamaecrista nictitans SENSITIVE PEA FAC Chlococca alba SNOWBERRY FACW Chrysobalanus icaco COCO PLUM Threatened, FL Chrysophytlum oliviforme SATINLEAF UPL Chryso sis mariana MARYLAND GOLDENASTER Native Cnidoscolus stimulosus TREAD-SOFTLY; FINGER -ROT FAC Coccoloba uvifera SEAGRAPE FACU not native Cocos nucifera COCONUT PALM FAC N/E I Co/ubrina asiatica LATHERLEAF• ASIAN NAKEDWOOD NoT Nativ FACW Commelina diffusa COMMON DAYFLOWER Native Commelina erecta WHITEMOUTH DAYFLOWER FACW Conocar us erectus BUTTONWOOD FAC N/E I Cupanlopsis anacardioides CARROTWOOD FACW Dalber la ecasta h /lum COINVINE Not native Delonix re la ROYAL POINCIANA Native Desmod/um sp. TICKTREFOIL Not native Dimocar us lon an LONGAN Not native N/E I Dloscorea buibifera AIR- POTATO OBL Native DistichUs spicata SALTGRASS Endangered Drypetes diversifolia WHITEWOOD Not Native Oypsis lutescens ARECA PALM Not native Emilia fosbergli FLORIDA TASSELFLOWER. OBL Erlocau/on spp. PIPEWORT HATPINS Native Eugenia axillaris WHITE STOPPER Native Eugenia foetida SPANISH STOPPER Native FAC Eu atorium capillifollum DOGFENNEL FAC Ficus aurea STRANGLER FIG Not native Ficus benghalensis BANYAN TREE Native FAC Ficus cltrifolla WILD BANYAN TREE N/E I Ficus microcarpa INDIAN LAUREL Native FAC Fimbrist lls cymosa HURRICANEGRASS FAC Foresbera segregata FLORIDA SWAMPPRIVET Native Hamella patens FIREBUSH FACU Hellotroplum an lospermum SCORPIONSTAIL FAC Heliotro ium poly h llum PINELAND HELIOTROPE N/E II Hemarthria altissima LIMPOGRASS Native FACU Hypericum tenulfolium STJOHN'S -WORT ATLANTIC FACW Hypoxisspp. YELLOW STARGRASS OBL Ilex casslne DAHOON holly FACW Ilex glabra GALLBERRY OBL Native Juncus memerianus NEEDLE RUSH; BLACK RUSH FACU Junl erus vir in/ana RED CEDAR N/E II Kalanchoe spp. LIFE PLANT OBL La uncularia racemosa WHITE MANGROVE FACU N/E I Lantana camara LANTANA WE II Leucaena leucoce hala LEADTREE Native Liatris tenuifolia SHORTLEAF GAYFEATHER Native Llcania michauxii GOPHER APPLE Native . L godesmia a h lla ROSE -RUSH IN/El lLygodium micro h llum SMALL -LEAF CLIMBING FERN. IFAC 0 i G.\srq\0437\177\S700 \dds Plantlist Gordon River I 9 • L onia ferru inea RUSTY STAGGERBUSH FAC L onia fruticosa COASTALPLAIN STAGGERBUSH N/E 11 Melaleuca qu/nquenervia MELALEUCA PUNKTREE N/E I, FAC Melia azedarach CHINABERRYTREE Not native Momordica charant/a BALSAMPEAR Not native Monstera dellciosa CUT -LEAF PHILODENDRON FAC M rica cerifera WAX MYRTLE FACU Threat.FL Opuntla stricta PRICKLYPEAR FAC N/E it Panicum maximum GUINEAGRASS FACW N/E I Panicum repens TORPEDOGRASS FAC Part enocissus quinquefolia VIRGINIA CREEPER OBL Pas alum va inatum SEASHORE PASPALUM Native , Passiflora suberosa PASSIONFLOWER CORKYSTEM FAC N/E I. Pennlsetum purpureum NAPIERGRASS FACW Persea borbonia RED BAY . OBL Native Persea palustris SWAMP BAY Native Ph/ebodium aureum GOLDEN POLYPODY WE II. Phoenix reclinata RECLINATA SENEGAL DATE PALM FAC Ph !a nodiflora . FOGFRUIT MATCHWEED FAC Ph salis an ulata GROUNDCHERRY UPL Ph to/acca amerlcana POKEWEED Native PUoble his ri ida PENNYROYAL, WILD FALSE FACW Pinus eUiottii SLASH PINE Native Pityopsis graminifolia NARROWLEAF SILKGRASS Native Pieo eltis p plypodioldes RESURRECTION FERN FACW Pluchea carolinensis CURE - FOR -ALL PUCHEA FACW Pluchea odorata Pluchea SWEETSCENT FACW Polygala nana CANDYROOT FAC Ps chotria nervosa WILD COFFEE FACU Pteridium a uilinum BRACKEN FERN Native Pterocaulon pycnostachyWm BLACKROOT Native Quercus cha manli CHAPMAN'S OAK Native Quercus gerninata SAND LIVE OAK Native Endemic uercus.ino ina SCRUB OAK. Native Quercus minima DWARF LIVE OAK UPL Quercus vir inlana LIVE OAK FAC Randia aculeata WHITE INDIGOBERRY FAC Ra anea punctata MYRSINE OBL Rhizo hora mangle RED MANGROVE FAC N/E I Rhodom rtes tomentosa DOWNY ROSE MYRTLE N/E II Ricinus communis CASTORBEAN FACW Enda ere Ro stonea regla FLORIDA ROYAL PALM FAC Saba/ palmetto CABBAGE PALM Native FACW Sabatia brevifolla SHORTLEAF ROSEGENTIAN FACU not native Saccharum officinarum SUGARCANE 1 Not native N/E II Sansevieria h acinthoides MOTHER -IN -LAW`S TONGUE N/E I Schefflera actino hylla AUSTRALIAN UMBRELLA TREE FAC N/E I Schinus terebinthlfolius BRAZILIAN PEPPER Not native Senna occidentalls SEPTICWEED N/E I Senna pendula var. labrata' VALAMUERTO Christmas cassia FACU Serenoa re ens SAW PALMETTO Not native SIDA LLIMA Siderox /on celastrinum SAFFRON PLUM, BUMELIA Native Siderox /on foetidissimum MASTIC FALSE Native FACU Smilax s . GREENBRIER FACU Smilax auriculata GREENBRIER Threatened, FL Solanum domanum MULLEIN NIGHTSHADE N/E II Solanum torvum TURKEYBERRY Native FACU Solidago spp. GOLDENROD FACU Sor hastrum secundum LOPSIDED INDIANGRASS Not native Spermacoce verticillata SHRUBBY FALSE BUTTONWEED FAC N/E II S ha netico/a trilobata CREEPING OXEYE, WEDELIA Native S orobolus junceus DROPSEED, PINEYWOODS Threatened, FL Swietenia maha oni MAHOGANY, WEST INDIAN Not native N/E I S n onium podo h llum AMERICAN EVERGREEN FAC, WE I Syzyglum cumini JAVA PLUM FAC, N/E II Syzyglum jambos MALABAR PLUM; ROSE APPLE N/E 11, FAC Tali ariti tiliaceum MAHOE N/E II. . Terminalla catappa TROPICAL ALMOND, WEST INDIAN Native Tillandsia spp. AIRPLANT; WILD PINE FL Tillandsia balbisiana INFLATED & REFLEXED WILD PINE E FL. Tillandsia fasciculata CARDINAL AIRPLANT (T ) FL Tillandsia flexuosa TWISTED AIRPLANT Native Tillandsia setacea SOUTHERN NEEDLELEAF FAC Toxicodendron radicans POISON IVY N/E II Tradescanda s athacea OYSTER -PLANT Native FAC Trema micranthum TREMMA, NETTLETREE Native Trichostema dichotomum FORKED BLUECURLS FACU N/E II Urena lobata CAESARWEED UPL Vaccinium m rsinites SHINY BLUEBERRY N/E II Vitex trifolia SIMPLELEAF CHASTETREE FAC VIds rotundifolia MUSCADINE GRAPE FAC Vitis shuttleworthii CALLOOSE GRAPE . FACW Xyris spp. YELLOWEYED GRASS Native Zanthoxylum fagara I [ME 0 ri f_J t it, _:if:djo 'lit; t 'i; � _ of a�.f .. �f4 fi��_ '�i • 'fi ... t3 i.'i Fe: • 1` ;i l:. . �f.. ��. wt .. ,.. 1 , ��.'�' "ft_ ,tf ;.t`fe. f' ,. _if !�_1'_ a. �+v'- fi.?f.)1 �i >� �T�f � ;t .f •f #' - f _'fit•,1 .1� it rf f.; t.p }if. -_.S ii �r 1 1`� }4N• n .. �':.=f. +t f �`.} i ?i -,! I -i �; •.. .i ;2. t i tip. 's.' t! i •t) . fe; ?f' t !�. ( -` -- ,.E S! _..,I:t . f "� f �•i tf i, -� `',��. •� ri,; i ij i { -' =i,c, ,1�� _.'f �'.{,t. •. 1 .f�,11 `i�. �: _+ i'�i'klt rt62 :�F �! °. �:' � �' f, t'j:.. Ifi }'� i��u E '.a ii •i. i . ?.� • 'f f': f "fiti : �_�rE t, ,'it =i ff i:f N <,,,;f� —a� ��, i �, .,rt,i ;�;r�, f:•r= �t,=t „— ,�;(:ItFs. t,� t i<, =a , i � �i�_�?��;.:, tE• -. ., .. (1;ti. -.. fit. +f :*. r °.I .!�; 1:..lU:? -� (l; ii+s +t i,t t�:t', ti? it;- Fa „'(�,. ;.' ,i ?..,.i t'. r• t•i ,.!_it: tl ?''. �-��' „�yt ,• fa), 1 �i;iitl[t °s1;i' .- ,il'' 3 f�•. �F f ;•; �. t.. .� 1.: ^..a •If” -.''rf .i t_.f• "`.'._ if S1 ,.. fit •i.,I: :f . ir'�. ji•.1Et:. Is e1�1 +,tiJ, �' �C if.fi t t i :.dj_ i '�� •' `k` . r,l�' �.:. _ iftau,t,,. 1 t f. .,l tl. �,it��c�Elii� =« � . tf tl: � r,i.r,i,,:� �,s•i�t _. �itit �Yf'xi{ i. �..�i !; •. x � `f 7f=.;,.. f � ;> ai =I�ic �.sti i.'k[ _. '.fl • ... ..!t, +!=r:.t•. )fi x t` f..... 11,. 2 _ 't .r; r, ii. �. 171 EXHIBIT 21 • i " 'F '. ' _. . a�IItO. ice` . • FLORIDA DEPARTMENT OF STATE " ! !GEIV,ED #i Kurt S. Browning AUG i e 2008 Secretary of State DIVISION OF HISTORICAL RESOURCES FAG1LiritS . �R':l4li LJiLiSit Ms. Melissa Henn.ig August 25, 2008 Collier County Facilities .Management 3301 East Tamiami Trail, Building NV t Naples, Florida 34112 Re:, bHR Project File No.: 200 &04974 L Received by DFIR: August 6, 2008. A Phase 11 Archaeological Assessment of 8CR1 1763, Gordon River GreetJtiv Pareei, Collier County, Florida Dear Ms. Hennig. Our office received and reviewed the above referenced survey report in accordance writh Chapters 267 and 373 of the Florida Statutes, for possible adverse impact to cultural resources c n' (any prehistoric'or historic district, site building, structure, or object) listed, o r eligible for `. listingi in the National Register of Historic Places (NRHP). In December 2007, Archaeological and Historical Conservancy, Inc. (AHC) conducted an archaeological and historical Ph.ase.1I assessment Site 8CR 1063 on behalf of the Collier,Coun.ty Parks and Recreation Departs r6nt. AHC placed seven I x l meter excavation units within Site 8CR 1063 in order to refine the. site's chronology, determine if it has significant associations with Henry Nehrling, and to assess its eligibility for listing:on the NRHP. After analysis of the recovered artifacts, AHC determinedjhat:Site 8CR1063 is a Historic reWs site dating.to the 1.940`s and 1950'.s. Because the site.is too late to be associated with.Henry_ Nelirling and lacks features, cultural strata, or research potential, AHC determined that 8CRI063 does notappear to be eligible for listing on the NRHP. A1iC recomM* ends no•further investigation of the site. Based on. the-information provided, our office concurs with these deterininations and finds the submitted .roon complete and sufficient in.accordance with Chapter l A46, Florida Administrative Code: However, .please forward . an original print of the report to -our office. so that use can submit the report t6the Florida Master Site File. For any questioris.concerning our comments, please contact April WesternJan, Historic Preservationist, by electronic mail at amwesterman a�dos:state.flms, or by phone at (850) 245- 6333. We appreciate yotir continued interest in ,protecting Florida's ' historic properties. i Sincerely, Y Frederick P: Gaske, Director, and . State Historic Preservation Officer 5+00 S.'Bronough Street : TaUahassee, FL 32399 -0250 • http:! /wrivv.ttheriiage.corn ' i O Director's Office.. D ArchaeatogkAJ Reeemb ® Historic Preservation (850) 245 -6-V ).- FAX: 245 6436 (850) 245,6444 • FAX: 245 -6452. (W) 245.6333 t FAX, 24_5W37 COPY EXHIBIT V.E.2 PUBLIC FACILITIES EXHIBIT V.E. PUBLIC FACILITIES SUMMARY Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on public facilities: The subject Growth Management Plan Amendment is proposed to fulfill Restrictive Covenants requiring that the property be designated with the most restrictive land use designation permitting only conservation and open space uses. The property was recently rezoned to the Public Use (P) zoning district in order to utilize the property for a 123± acre community park. Public facility impacts were extensively evaluated during the recent zoning case and it was determined that the public facility impacts for the park use were less than those permitted under the residential, commercial, and conservation zoning designations previously in place. The proposed Future Land Use Map amendment to redesignate the 123 + /- acre parcel from Urban Mixed Use District, Urban Residential Subdistrict to Conservation will have no new public facility impacts, and there are no level of service impacts associated with the proposed Future Land Use Map change. Exhibit V.E. Public Facilities Summary Page 1 of 1 DPIOTMA EXHIBIT V.F. OTHER UldvN eo .un STidVN d0 Alp EXHIBIT V.F. p \ w In S N , N ti N i m U � N V a � 3 0 ss -n a -wow -m n-sL -1 a tuw cau- w-a -ox q -tt-ol t LL-W 910 ]QI t0�1 -t ! p�SL -tl -N 1 t]tON DNC. Page 1 of 2 6 u U K V) N r r ¢ Q J !WY � O> O h ~ Z Z W W % WW Z Q U W ¢ J to ~ ( ¢3 y w £ w p0 U Ln K S a U Q Q � li U U W W p p O �ry < Z Z U O 1 p M 1 I i I I 1 I I I � I 1 I I 1 I i I 1 I � ggN 3� Page 1 of 2 Ncrce _o o wz S i M O I" '�i yZj VI Q 1 > -1Y"iN z O N W J Z F$ 1 N Li N J a I 3 1 / iO4W MOBY00 ' `o n ON 133m1S N19l �` a „ e o e cc � t w s • 3APA Amnen3e ' 3 i UN -• - " lss m� ._.�'_._. _._. (NO& MNVmi - 311310MOoD J caln.m.+m,.m«asl,oeoaxi w-�- el 133m15 H1N331mI41 � r m rxl -w -uad a�a« g��5 p-4 k-M-LZ H-Q-t I z � < "i! /S7b0! Au9M aaxa staEEl �ti> r- t 133ti15 Nls3M1 � K N r > N3� } fr �W 1aW� NS ¢ > U U d Z r Et 0 Z 1- a W W 133N15 HLNY`3l3 lal < W W i O W W Z ZJ 133m15 N1N31 d )- W OQ w� S 1N� liln� 0 0 W S F F- IW- L)I,, «Xg S N, U U U yli 133mi %IN Z Z Z @O UO I 1 pM I ' i y I ' t h m 1 1 1 I 1 � i S3ldVN A A110 z 9 -„ ..._ EXHIBIT V.F. Page 2 of 2 COPY EXHIBIT V.G. SUPPLEMENTAL INFORMATION LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize Q. Grady Minor and Associates. P.A. (Flame of Agent(s)) to serve as my Agents in a request to amend the Collier County Growth Management Plan affecting property identified in this Application. Signed: ° 61,E °° `.:� - Date: Barry Williar�s, Director 1 Collier County Parks and Recreation I hereby certify that I have the authority to make the foregoing application, and that the application is true, correct and complete to the best of my knowledge. Signature of Applicant Barry Williams, Director Collier County Parks and Recreation Name - Typed or Printed STATE OF COUNTY OF Sworn 'to and subscribed before me this � _ day of t . �, 2014";1 by `; tr MY COMMISSION EXPIRES: Notary Public �;;Y "'•z SSAPONUMPENNOUR fi4 CCMN�ISSKIN PP 939534 CHOOSE ONE OF THE FOLLOWING: EXPIRES:Decemca� 2013 &unded Thfu Notary Public Unuer Tilers _J who is personally known to me, who has produced as identification and did take an Oath N did not take and Oath NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Law states that: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to a maximum of %500.00 and/or maximum of a sixty day jail term." This instru pent was prepared without review or opinion of title by John M. Passidomo Chefly Passidomo Wilson & Johnson, LLP 921 Filth Avenue South Naples, Florida 34102 (239) 261 -9300 3753295 OR: 3950 PG: 2563 11COU11) is 01lICIAL uCQRD8 of COL 11 sour, TL 22/1MOS at 04: 31PIf D:IGB? 1. BROCI, CUIK WRS 50113375.10 UC n1l 70.00 DOC -.70 353453.80 Reta: C111I8i PISSIDOMO If AL 821 5!A Ull S 1201 WAR.RANW DEED NAPLES IL 34182 TIM WARRANTY DEED, made the iq day ofDcccmber, 2005, by Ch III, as to an undivided 49.61% interest in the herein - described property, whose Fleischman Enterprises, 4001 Carew Tower, Cincinnati, Ohio 45202, and Dorette Viets Wa Dielle Fleischman Viets, as to an undivided 25.195% interest in the property, whose post office address is c% Mr. Philip Lawrence, Inverness Counsel, Avenue, New York, New York 10022 (singularly or collectively "Grantor"), to The Land, a California not for profit corporation, whose post office address is 1595 B St. Petersburg, FL 33701 (singularly or collectively "Grantee "): (Wherever used herein, the terms K "Grantee" include all parties instrument and the heirs, legal s tt s _ of individuals, and successors and assigns of cola` ; sum of Ten Dollars ($10.00) d, hereby grants, bargains, undivided 74.805 % interest in WITNESSETH: and other valuable consii sells, aliens, remises, reli and to that certain land si See Composite Exhibits TOGETHER with all anywise appertaining. TO HAVE AND TO es Fleischman .t office address is Fleischmann .., 545 Madison ust for Public Street SE, Suite 3, this n by reference (the `Property' ) thereto belonging or in AND, the Grantor hereby covenants with said Grantee that the Grantor is law land in fee simple; that the Grantor has good right and lawful authority to sell and cot the Grantor hereby fully warrants the title to said land and will defend the same again of all persons whomsoever, and that said land is free of all encumbrances, except taxe year for that portion of the Property identified by Parcel Identification No. 61940200! subsequent years for that parcel and the balance of the Property; zoning and use restri governmental authority; restrictions and easements common to the subdivision; outst: mineral interests of record, if any, undated lease agreement between Naples Zoo, hic. Public Land and any right, title or interest arising thereunder, and the Permitted Exce Exhibit B attached and incorporated herejn by reference. GRANTORS HEREBY represent and warrant that the Property is not Grants homestead; that neither Grantors nor Grantors' family reside at the Property or on adj that Grantors, in fact, reside at: Charles Fleischmann III residence address: 9575 Cunningham Road, Ci 45243; Dorette L. Fleischmann Viets residence address: Over the Grass Farms, 3370 The Plains, Virginia 20198. y seized of said r said land; that ie lawful claims it the current and taxes for ns imposed by ng oil, gas and I The Trust for ins described on Florida nt property; and nnati, Ohio bitewood Road, Exhibit V.G_ r Page 1 of 27 n7 OR:43950 PG: 2564 RE IN WITNESS WHEREOF, Grantor has signed and scaled these presents the above written. Signed, Sealed and Delivered as to Each Grantor in the Presence of t%JNTY OF The foregoing ina Charles Fleischman ID, A 44 .and .n () 11 I- V-1 CO�Ar),, before rt to, or ti� , , I Exhibit V.G. year first I. V1 .day of Decerfiber, 2005. by &6:d Public in the State of /47' Expires: JUDITH M. RETAWCK MO P1jBLjC. STATE OF OHIO My 00mmission Expires 12/29" Page 2 of 27 p � T-V it M I WIMA STATE OF COUNTY OF 77 The foregoing instrument was ackn( Dorefte L. Fle1schmann Viets, a/k/a Diefle has prod iccId, -State or Yl OR: 3950 PG:, 2565 before me this - / 'Y ba day Of 3aw-Viets, who is personally I Pt �flcatjm I an a Nc Exhibit V.G. fiber, 2005, by to me or who ublicinthe Page 3 of 27 OR: 3950 PG: 2566 J Exhibit A PARCEL 16 - SIGN ISLAND Island in 17th Ave. North, Block 38, Tier 10, Official Record Book 240, Page 93, TOWN OF NAPLES, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 1, page 8, in the Public Records of Collier County, Florida i PARCEL 18 A-3 All that part of Lot 9, of NAPLES IIviPROVEMENT COMPANY`S LITTLE FARMS SUBDIVISION, lying South ofGolden Gate Parkway, recorded in PlatBook 2, Page 2, Public Records ofCollier County, Florida. PARCEL 18 C The East 564 feet of the West 1184 feet of Lot 8, of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS SUBDIVISION, less road right -of -way granted in Official Records Book 876, Page 1718, according to the map or plat thereof on file ark^�ri iaec :_. in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in theAn County, Florida. PARCEL 18 D The East 470 feet of West 16 8, S FARMS SUBDIVISION - Food ig1 PARCEL 18 E All of Lot 8, NAPL"FS .IMPR COMPANY'S according to the plat thereof in Plat Book 2, Pag the East and West boundary .,_d Parcel being tru West line of Lot 8 ling 25.0 feet k e'North,sud 49 South, Range 25 East, Collier_Chun C PARCEL 18 F 1 except the West 1654 feet orris of Collier County, Florida; the West line of said Lot 8 (said tion line of Section 27, Township The East 338.24 feet of the West 958.34 feet of Lot 7, NAPLES ]IMPROVEMENT COMPANY'S LITTLE FARMS, - Plat Book 2, Page 2, Public Records of Collier County, Florida, less and except that portion deeded th, the Board of County Commissioners of Collier County, Florida descn'bed as: Con mencc at the Nbrthwest corner of said Lot 7; thence N 89 degrees 17'39" East along the North line of said Lot 7 for a distance of 620.00 feet to the POINT OF BEGINNING; thence continue along the North line of said Lot 7 a distance of 41.60 feet to the point of intersection with the point of curve concave to the Nortliwest having a radius of 813 "94 feet and a central angle of 26 degrees 13'03% thence continue Southwesterly along said curve an are distance of 51.30 to a point; thence N 00 degrees 39'49" West 30 feet to the POINT OF BEGINNING. Page 1 of 3 Exhibit V.G. Page 4 of 27 OR: 3950 PG: 2567 PARCEL 18 G North 1/2 of Lot 7,' less the West 128834 feet, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. PARCEL 19 - A thru E Lots 3, 4, and 5 of NAPLES JMPROVEMENT COMPANY'S LITTLE FARMS, according to the plat thereof recorded in plat Book 2 at Page 2, Public Records of Collier County, Florida; together with all buildings thereon; subject to the following easements of record to Florida Power & Light Company relating to adjacent Lot 6: (a) An easement dated June 10th, 1953, recorded in Deed Book 30 at Page 395 of said Public Records; and (b) An easement dated June 10th 1953, recorded in Deed Book 30 at Page 397 of said Public Records. LESS AND Part of Lot 3, NAPLES IMPROVEMENT COS LITTLE FARMS, as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier Cam!; Florida, lying Easterly and Southerly of the following described line; Commencing at a concrcte. _ uth 1/4 corner of Section 27, Township 49 South, Range 25 East, Collier , South line of said Section North 89 degrees 26' 09" Ea4 753.94 to a SQrith 0'. '. 55" East 334.85 feet to a concrete monument on the South line of aiad the Point of 73. of the described line; thence along . said described line and the W��efr. i_ parcel North 0 degrees 21' 55" West 211.15 feet to 'a concrete >nMt at es( vtrler described Parcel; thence along said described line 2nd the N - I North 89 degrees 38' 05" East 729.90 feet to a concrete " 05" East 13 feet more or less to the Easterly boundary of f 3 FARMS and the Point of Ending of said descn%ed Line. PARCEL 19 F The Westerly '/: of Lot 39 and Lot _ - SUBDIVISION, Lots 41, 42 and 43 and the East 45 feet,,6f Lot 44, ...... iO Wig' to the map or plat thereof on file and recorded in the-'office of the Clerk of the - -50 recorded in Plat Book 2, Page 84, in the Public Records of C©llier County, Florida. Lot 2, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, except area described in Deed Book 22, Page 393, PubQ Records of Collier County, Florida and less West 25 feet and right-of-way located in Collier County, Florida and except parcel deeded to Collier County Conservancy, Inc. as Parcel 2 in Official Records "k 767, Page 249, according to the map or plat thereof on file and recorded in the Office of the Clerk of the CituWt Court, recorded in Plat Book 2, page 2, in the Public Records of Collier County, Florida. PARCEL 19 G All of Lot 97 of N-kPLES IMPROVEMENT COMPANY'S LITTLE FARMS, lying South of Golden Gate Parkway, according to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. k Page 2 of 3 Exhibit V.G. Page 5 of 27 OR. 3950 PG: 2568 PARCEL 19 H In North V2 of Northi %: of Section 35, Township 49 South, Range 25 East, being at the Northwest corner of the section and rl East 1398.25 feet; thence South 64 degrees West 1555.06 feet; thence North 664.01 feet to the place of b9.,ginning, Collier County, Florida. } PARCEL 19 I Lot 6, NAPLES MOROVEM);1VT COMPANY'S LITTLE FARMS SUBDIVISION, less additional road right -of -way for Goodlette -Frank Road, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida. PARCEL 19 d .1 A lot or parcel of land lying in Lot 2 of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, per plat in Plat Book 2, I'age 2, Public Records of Collier County, Florida, which lot is described as follows: Beginning at a paini on the South line laint:is the Northwest comer of Lot 50 of GORDON RIVER DOMES per Plat ' l c Records of Collier County, Florida, run ortherly parallel to the m West d I,ot 2 for thence run Easterly parallel to the South lime of said Ldt for 180 t ec rim Southerly paralle line of said Lot for 217.5 feet to South line of said Lod thence 'VJ pg i $0 to Point of Beginning. Being the same pre*ises ' Page 393, Public Records of Collier County, Florida. ght-of -way for Goodleft Frank Road. _ THE FOREGOING LANDS PAit'!'IGUI;AI BY METES AND BOUNDS ON ATTACHED E7MRiT "A -1 PARCEL 16) G ' F.NWPd=WZTWscbn=nzL,jpt aN aral #t 9tiClosing N FOR ALL FfEISCHMANN TO 771. DOCUMENTS.wpd s `E s i 3 i E g X t 3� 3 S i 4 3 Page 3 of 3 Exhibit V.G. Page 6 of 27 1ESG9KM A PUMM d Seats" X Tawuftp 49 SadN Rmnot 2S SmA CwAw Cow . Fla" ww a Pae4ea of Lot 07. Fbpkr. knee k.an om Col tkne lrwpw as nmmvee al, plat Oa•k 2 at Pogo 2 d the Pa11dc A.eads of Cellar Qmww. fladda6 tni.ap foals paraaahrly eaeatdsa6 as fang -0 Boo* at ,Vas fkA*A at m, w of 4.rlggo SS. T r Oto 45 Seli0t Am" 25 Ea+4 64de�: Ea!p)tl� fl!ri Ikan IL&4 Eft dr4 *0 "&& ine al Maio A a 01" of 1 30 35 IM thbace it:M43rw. a disl6f+s s: al 1"&W-7! Iva t9 Im Nm0ue.t corral of koala Aw+>a as fawld.d is ft B aR 4 st Pagel lk d taw -V%W. fMtatd11 d Gtt..r Ceragy fiieilat 9lvice 3 UiTitSR` long W0 rla! tlnk of w MOW ?wa. 0 is "Ll I f•it to the Soww.1 Q~ d tel 17'41 '.r. plai-9adt.1 4 41601 /1, 4 /'1• R� a . wxaa.aa mm law W RAW."NW114, a ~Fat M 073RD lcoq at"" n,ar,I W -4wlt, 4, - MOO O a 423.71 toot; taaeta Km. s4ff" l o ii . ea at .4wi tuft mom N.1:romq �.. a Mi "ifa a( M3J3: fink fivaa4 l4Qti7242 it a! dE.faNi N ad m koh adnes /1,32'13'37`£. ■ istan" of 4ftfztt Met; ttiW,& N.1s`193r 4 d4aaew aY. 34 ii iL l4 VOW' 9r, s6A rgM•vf"w 'Kft of 0600 a" AuAalt tw•f"g a4;a "1f•rra4[?:sf� fc�l40`li1+L. 4i!1t14 � [iaih 11/ii►�wt�lr 111. at 4�ptal.-�1a14 . f•r `s -: 14itwar of atsu poet w ks aa.rre+9toi. 4fiR viii Oil sm,Lot I" 30mr1a•fd //4.41 1*00im..:27 T� 49 TaMOt. Maltya 2S 9439 O"W" S:O114.14`L-01t9 "m 1166A am 4 dsm4c1 of Wax= &*I va *4 T00R' w etwim q ray.lr..r t•th; A pmooa of Lhto 2 Wagli.,f of Naples Impfs+emwte Co's pane Farms as enewdae in Phd Book 2 `al � 2 a as Pullin reewes d Ca*w Cawly. FWldo, as wo as a pwdm d Leta 30 and 44 ono W of Lola 40 �9^ 42 d Game" 9tga Naha&, s raeerafd it Pot Book 2 al la"a 64 of M. Pubk Rocvaa of Co04r County. flatka. bekq v. n1.ra p.r6ca>rsrfy sagaRad ar faaa�a: MMIN at .Mla: MOfriadR amber of SMn.Y4 flat£ 06 taaa armi 21 d tM PuWa tl pe of Cader awwar , nerilo odd. f;0111t 6d/: tts Gala pwintay. also aail9 • Post of aaw of a _r I" "pnt gala lie '> .4 to" 4 0 111441 two sm'.t ionj 4.916art _ ;71r--. 3131 baC. a" 01e on saw srdd swath riyk -o9 Oak afto 1 R .�f '�T'Sf'.. at _- OF 4R :: the Platt of syra' of it wo tenpkt amfra M The )am of , pafjl(t l.:It,Sl ?!F • - •f iiJ,ii K ON n61Ar» s 6bara k4? t d K3P�{ 31 p00!4ettp7g, aoA� lf.0 ski Sealh Art 46 0 asa s I4d1t "a Po7 vice; a a gtprlr4 ad '4 ♦ gar d,11� r t foal a . t woM okgfs at 38"=W. q +l a -Ws . tl,7ft1�4't7lf[� ` ' t >sw oM said dstbile6 pf 7V%441 feat' la ' dal W' raert .' - Valor Ga K tilt .ItaMrf!`'MMra 4t IM:.3Laftok .IFa� k fkaR of (1/4Q�rrar ABgr kdrlg 4ppra'inlotlld 14!' - - ►; s 23si rr>R .- a WAtapa. er 84 attar ti ±9te. soap w js Cie Herat 11x0. of t.t a "oa ak d ua P.J. r4oerOs f e.afr C -*-:, t .: d soft ac am 1tar191 law of said tat 7. a .72 foot; to wo tl�tla *as 12M S4 feet of malt tat 7. warm" ab" Ow of aw fart 12g3a fast 7 a a of 154.74 toot, N ifilt i9aa6e150 ire d sold lot x 4 on aertA bn of mold Sat 7. a 6ahltef of ]2992 fort, aetfa" am the goat 1m at >ti or sold ls11 T., loam. Lowe WL. Bang the eeat sm of um � 9. of said Lot 7. 4 A um to Y , hums Sm aRb 9q WOM Gail of add ttA 7% ! r- don! me aatM t a 7. 6 lislonae d W&75 96111. to 'Paint C 04 Pr*dkq ."ai.4r la . . d 9n sae/al7 dams M 90 0aden 11wr. *meta aa1.01agr 61•eq 91• : N d 015 Bala" IG.. We k4aaklg aaormm Aram lim SOOMM eddam11l'Pafa0' - a. of 42441 Flat; 0larroa Lvr?0'37a1[. a dwwm at 101.31 fa ct 9.O1aa sAr3rSt'/ • 1 reek "hate XISU ICIf.. 4 d6Ka.e. at 363.63 tat be ft! 44wascerm am 915 g-s- Me of war U." au' A r Omew aelaeda. onak 767 at Paye .244 d On POWO 1••0m! N Cat 0^%V ' ANN" W14. 0,1O*1 4 av m1 IYa arrm a n1..f Said i.•al9iai aaMa: a akAsraa 4( Ti0.A4 takt..i9lanea- f';.. wov -Am • 4@aiu ad 49 9:23 lift 14 R4 loAMWtlia .fib tlka, ai iris -if .J f 3' =ot Ns11iaa taime.oalaat: l}tg3 t119r ..4* • a RACMVill'VL a*" w aN Ilea %io s111d- ft- waf'ii Afist4 a davio t 4f 51111 Ismi' is ft pc fbR0laRtll. _ This Is Ito? a Ss ray 4131PLA1t'37Wl -4r '4 M OF S=ON :x7, 34 MM Z. P 49 S., UNG1125 E. �!........- EMBIT ".& -1'l t s Exhibit V.G. Page 7 of 27 t -- OR: 3950 PG: 2570 EXHIBIT B PERM MD IpjUR IONS I. Rights of in possession of that leased portion of the insured property wmmord known as "Jungle Larry's" under unrecorded Lease Agreements and all sublessees thertof. including without limitation rights under Memorandum of Lease recorded in O.R. Book 2893, Page 916, Public Records of Collier County, Florida. 2. Riparian and littoral rights are not insured (Parcels 19A -E, 19 -I, 18 G. I8 E, 18 A -3, 19 G, and 19H). 3. The inalinable right of the public to use the navigable waters covering or adjacent to the lands (Parcels 19A B, 19-1, IS G, 18 E, 18 A -3,19 G, and 1911). 4. This policy does not insure. f h d parcel lying waterward of the mean -high water line of the Gordon Ri "ol;, is 19A -E, 19 -1, 18 G. 18 E, 18 A -3, 19 G, and 19H). 5. Restrictions, cortditi and c cr tiers contained on the Plat of Naplestpr_., Co part N F as�Yer ord in., at Book 2, Page(s) 2, Public 6. ined in instrument recorded R. Book 246, Page 59, Public 7. Easement in favor o Power &Light `` "fined in instrument recorded November 14, 1953, t}, Page39,.Pttb . of Collier County, Florida (Parcel 191). �. �L, 8. Easement in favor of Florida Power r . t Company, contained in instrument recorded November 14,1953, Deed Book 30, Page 397, Public Records of Collier County, Florida (Parcel 191). t 9. Easement in favor of Florida Power & Light Company, contained in instrument recorded June 21, 196% 04L Book 66, Page 301, Public Regards of Collier County, Florida (Parcel 19 I & Parcel 19 AE)? 10. Easement in favor of Florida Power & Light Company, contained in instrument recorded August 22,196'% O.R. Hook 244, Page 631, Public Records of Collier County, Florida (Parcel 19 A -E). i It. Easement in favor of Collier County, contained in instrument recorded September 12,1985, O.R. Book 1 M Page 733, Public Records of Collier County, Florida (Parcel 19 A -E). 12. Easement in favor of Collier County, contained in instrument recorded April 28, 1995, O.R. Book 2053, Pige. 1696 as corrected & re- ra�rrded at O. R- Book 2098, Page 1826, Public Records of Collier tAUnty, Florida (Parcel 191). 7 Exhibit V.G. Page 8 of 27 ix ***-OR: 3950 PG:-2571 *'P 13. Right of ° ntry recorded in O.R. Book 2999, Page 3091, Public Records of Collier County, Florida (i A -E, iSG, 181?, 19 L 18 A -3 & 19 G) 14. Resolution No. 89-5753 recorded in O.R Book 1603, Page 1508, Public Records of Cotlicr County, Florida. t 15. Right -of -Jay Deed recorded in O.R. Book 66, Page 432, Public Records of Collier County, Florida. 16. Order of- Taking recorded in OR. Book 2735, Page I135, Public Records of Collier County, Florida (Parcel 19 A -E) 17. EasemenE in favor of City of Naples, contained in instrument recorded April 1, 1975, O.R. Book 615, PagE 1572 as modified at O.R. Book 785, Page 351 & O.R. Book 785, Page 361, Public Records of Collier County, Florida (Parcel 18 E). 18. Easement in favor of Donald Stonebumer,.et al, contained in instrument recorded January 16, 1973 OIL Book 499. Page 56, Pu Collier County, Florida (Parcel 18 C, 18 D, & 1S E) 19. Easement in favor of November 20, 1978, OX Book 783, Page 436, ` 'Flo `- Collier County, :- (Parcel 18 F). 20. Easemeni -comp ned 7t , 1 <R Book 227, Page 40, Public Records of Collier, 21. Easement in favor . ' instrument recorded May 26, 1978, OA. Book 7, rubtte'R td Co1110 Florida. (Parcel 18 F). 22. Easemcni contained reiBsrdCS1] :R Book 182, Page 881, Public Records jbf Collier (Parcel 18. F). 23. Easemer ' in favor of y, contained in instrument recorded September 9, 1986, O.R: Book' - ilic':.Records of Collier County, Florida. (Parcel 119 A -E). 24. Any lien -- provided by County Ordinance or by Ch. 159, F.S., in favor of any city, town, village or port authority, for unpaid service charges for services by any water systems, sewer systems or gas systemslerving the land described herein; and any lien for waste fees in favor of any county or municip lity_ 25. Any rights in favor of third parties arising from the following matters of survey as depicted on Wilso iller survey dated July 6, 2004, revised August 15, 2005, and bearing File No. 4G -125A: 1. Drairti ge ditch running East and West across Parcel 19F; 2. Guy wire anchors, traffic signal poles, asiti utility poles bated along the Western boundary of the insured property outside of any easerneno area- Lift station and related utility equipment located in the Northwestern comer of Parcel 18F outside of arty casement area. 4, .nrsed /ts+ekei� eoo.�emnw.n..go�.+ -,.spa e x Exhibit V.G. Page 9 of 27 AW f This Instrument Prepared By: . Donna H. Smith The Trust =Land Land X 4267 NW Federal Highway M Box 120 Jensen Beach, FL?34957 3753299 OR: 3950 PG: 2584 RICORDID is OIIICIAL HCMS of COLLAR C001TI, 12/14/2005 at 01:40PX DWIGHT 1. BROCT, CL111 RIC 111 35A DOC -.10 0 Beta: CHIIII PASSIDGKO I? AL 821 5TH AVI S #101 UPLIS R 34102 WARRANTY DEED (STATUTORY FORM - SECTION 689.02, F.S.) THIS INDENTURE, made this 19th day of December A.D. 2005, between THE TRUST FOR PUBLIC LA , a non -profit CaNkirnia corporation, whose address is 306 N_ Monroe St., Tallahassee, FL N301, Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose address is 3301 Tami (� Naples, Florida 34112, Grantee. rover'. herein:. ; "grantee" Include all the parties loo tfils halals, successors and assi8ttti. "G aria 1s1<and' pturak as the context ret)uires a s as hall a a8 genders.) WITNESSETH: Tit idsrat on of the sum of Ten Dollars and other good and !u to ri hand paid by said Grantee, the receipt whereof is $ d Ara _ , iOed and sold to the said Grantee, and Gragtee's su . `, n ° situate, lying and being in Collier County, Floda, as rtifari desati "attached hereto and by this reference made apart he This conveyance is stlb a) easements, 0, limitations and conditions of nerd if any raw d "st, but any S fha ° n #em�inated are not hereby re- cord (b) to toes for the llama ;. unl6ss said Grantee is exempt therefrom, (C) to the access ease men# Described on Exhlbit "A" (d) the'lease by and between Naples Zoo, Inc and Grantor, as such Lease has orwi 'heed to Grantee, and (e) all.subleases.of the Naples Zoo, Inc. parcel, _including, without limitation rights under a Memorandum of Lease recorded in 0.411. Book 2893, Page 916:, Public Records of Collier County, Florida. i i AND the. said Grantor does hereby fully warrant the title to said land, and will defend the same against the Lawful claims of all persons whomsoever_ 's IN WITNESS WHEREOF Grantor has hereunto set Grantor's hand and seal, the day and year first above written. l THIS INSTRUMENT IS EXEMPT FROM DOCUMENTARY STAMP TAXES PURSUANT TO I' CHAPTER 201.02(6), FLORIDA STATUTES. OW -,. Exhibit V.G_ Page 10 of 27 rt Signed. sealed and delivered in the presence of: a STATE OF FLOI COUNTY OF C The fore 2005, by fz=6 California corpl or has produced 31 OR: 3950 PG: 2585 I was this 19th day of December, Public Land, a non -prord i M1 to is personalty known to me n. Tf FF c (NOTARY PUBLIC SEAL) as. t< t��,a�si ,; �l suffttiency �t� ter :ai<��►'` -_ E11rtnT C 11 s 2 Exhibit V.G. Page 11 of 27 r .S r- QR: 3550 PG: 2586 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY SIGN ISLAND (Parcel I.D. #17830000027) Island in T-7, ' Ave. North, Block 38, Tier 10, Official Record Book 240, Page 93, Town of Naples, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 1, Page 8, in the Public Records of Collier County, Florida. (Parcel I.D. #61940200006 and 6194032009) Lots 3, 4 according of Collier following adjacent t 30 at Pag 1953, rea except the d 5 of Naples the slat tereo J0 6: (a) 395 of led in 1 Part of Page 2, Pd, Easterly and r* .L tdo Farms SubdMs`r_on 2 at Page 2, Public Records ngs thereon; subject to the Light Company relating to �53j recorded in Deed Book i t dated June 10'", iIA Public Records; less and 0hV.ariy's Little Farms aided in Plat Book 2, County, Florida, lying 1 described line: Commencing at a concrete monument at the South % comer of Section 27, Township 49 South, Range 25 East, Collier County, Florida; thence along the South Line of said Section North 89 degrees 26' 09" East 753.94 to a point; thence South 0 degrees 21' 55° . East 334.85 feet to a concrete monument on the South line of said Lot #3 and the Point of Beginning of the described line; thence along said described line and the Westerly boundary of the herein described parcel North 0 degrees 21'55* West 211.15 feet to a concrete monument at the Northwest comer of said described Parcel; thence along said described fine and the NoMwdy boundary of said described parcel North 89 degrees 38' 05" East 729.90 fleet to a concrete monument; 3 Exhibit..V.G. Page 12 of 27 OR: 3950 PG: 2587 4P thence continue North 89 degrees 38'050 East 13 feet more or less to the Easterly boundary of Lot 3, Naples Improvement Company's Little Farms Subdivision and the Point of Ending of said described Line. (Parcel I.D. 961947800001) .i All of Lot ,97 of Naples Improvement Company's Little Farms Subdivision, lying South of Golden Gate Parkway, according to the plat thereof recorded in Plat Book 2, at=Page 2, Public Records of Collier County, Florida. (Parcel I.I. #61940280000) Lot 6 of Naples Improvement road right -of -way for on file and recorded in Book 2, Rage 2, m reservation by G #or exclusive 80 -foot e West 950; feet of ' t# O Farms Subdivision, less additional rding to the map or plat thereof C Circuit Court, recorded in Plat Records of [ r Dandy, Florida, subject to a rs r for a permanent, non- t the North 60 feet of the Company's Little Farms 129.98 lies, r ogre or less Exhibit V.G. Page 13 of 27 3753296 OR: 3950 PG: 257 UCOIDID In 01FICIAL IICOIOS of CULIII C011 M, 12/11/2885 at 04:31p1! HIM 1. 3101, C 1 0088 1100662 Ric III 8 �/'�+� This � vtAS 10C .70 11904 4J without0*=. oftrtieby lets: John.l�. Passidct>zio cum PA831DM n AL ( CSeffyBasatclomo Wils<m & Yohnsoa, it l' 821 5" M 8 1201 $zi Fift .AIve ; lU1ms n 34102 �, € Naples, F7 34th VV/ (234) 261 -OSO t TRUSTEES'DEBD THE TRUSTEE'S DEED made the 1_-l- day of December, 2005, by Dorette L. Fleischman Viets, Melanie Fleiwhmann Garnett and Charles Fleischman V, as Co- Trustees under the Trust established for th4 benefit of Dorette L. Fieischmann Viets under Article Seventh B. of the Last Will and Testament .of Dorette K. Fleischman, Deceased, dated September 10, 1992, as to an undivided 25.1959A interest in the herein - described property, whose post office address is c% Mr. Philip Lawrence, l ivemess Counsel, Inc., 545 Madison Avenue, New York, New York 10022, (hereinafter called ;the "Grantor "), to The Trust for Public Land, a California not for profit corporation, whose post office address is tvet SE., Suite 3, St. Petersburg, FL 33701 (hereinafter called t>e "Grantee"). CQ1 (Wherever used herein the terms " and "Grantee" in parties to this instrument and the heirs, legal representatives and._ aI s a_ nd ilre. and assigns of corporations) WITNFSS#M of sum of Ten Dollars and other valuable considera�ansk grants, bargains, sells, aliens, .remises, releases, vet's d e; f 25.195% interest in all that certain land situate m Collier See Composite Exhibits A and = ttached 1ereto and r mpo _ in by reference (the "Property' GRANTOR hereby co' Grantee that the as good right and lawful authority to sell and convey slid land, and Tier d for any acts of Grantor and will defend the same agaiinst the lawful clainn by, through or under the said Grantor, except taxes for the4current year for that portx 5 to'Wj. identified by Parcel Identification No. 61940200006 and taxes for subsequent years for that parcel and the balance of the Property, zoning and use restrictions impbsed by governmental authority; restrictions and easements common to the subdivision; outstimg oil, gas and mineral interests of record, if any; undated lease agreement between Naples Z &, Inc. and The Trust for Public Land, and any right, title or interest arising thereunder; and the Permitted Exceptions described on Exhibit B attached and incorporated herein by reference. GRANTORS HEREBY represent and warrant that the Property is vacant land and not Grantors' Florida homestead; ghat neither Grantor nor Grantors' family reside at the Property or on adjacent property, and that t. antors, in fact, reside at: Dorette L. Fleischmi m Viets residence address: Over the Grass Farms, 3370 Whitewood Road, 1 The Plains, Virginia 20198; Melanie Fleischmat>n Garnett residence address: 698 Titicus Road, North Salem, New York 10560; Charles Fleischmanm V residence address: 5330 Homeville Road, Oxford, Pennsylvania 19363 -1033. Exhibit V.G_ Page 14 of 27 0 OR: 3950 PG: 2573 The f m goi Dorette L Fl*ck h rt ay of December, 2405, by we or who has produced Pubic in the State of i�fC y�y Exhibit V.G. Page 15 of 27 OR: 3950 PG: 2574 1: STATE OF cot COUNTY OF before day of December, 2005, by Ille &T� se edged .goi sun who is WA tD me or who has produced VCS ' Public fWAY u r in ft State of Irk 0. v- ILX %tata of New 10I Exhibit V.G. Page 16 of 27 Signed, sealed and delivered in our presence: i►l STATE OF AUL Q COUNTY OF The f4egoing VC'_CO"bZ: _ , 20 me or who has p!ooduced d i OR: 3950 pG: 2575 t for the benefit of Dorette L Fleischmmm Viets under Artide Seventh B. of the Last Will and Testament of Dorette YL Flelsehmann, Deceased, dated September 10,1992, daAPmed#Ircb *q DOOMxF %TnUwe5 Deeawo 4 Exhibit V.G. Y 1IM K Wcary �i1j�}y4�s� pp�laifi 1�inM i 4 Page 17 of 27 Exhibit A. PARCEL 16 - SIGN ISLAND OR: 3950 PG: 2576 Island in 17th Ave. Nord4 Block 38, Tier 10, Official Record Book 240, Page 93, TOWN OF NAPLES, according to the map or plat ther»of on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 1, page 8, in the Public Records of Collier County, Florida. } PARCEL 18 A -3 All that part of Lot 9, of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS SUBDIVISION, lying S ouch of Gol den Gate Parkway, recorded m Plat Book 2, Page 2, Public Records of Collier County, Florida. f PARCEL 18 C s The East 564 feet�the West 1184 feet of Lot 8, of NAPLES IIvWROVEMENT COMPANY'S LITTLE FARMS SUBD ON, less road right -of -way granted in Official Records Book 876, Page 1718, according to the mac or plat thereof on file and.detl. in the office of the Clerk of the Circuit Court, recorded in Plat Boo 2 Page 2, in the ° "'� °' '" �b I�1Qx & g 9I�- �y�. PARCEL 18 D The East 470 feet of West 1 FARMS SUBDIVISION Ie- W PARCEL 18 E All of Lot 8, NAPLES 11 ; according to the plai thereofre the East and West toundary lip West line of Lot 8 lying 25.00 f 49 South, Range 25 f ast, Collier PARCEL 18 F T COMPANY'S LITRE of Collier County, Florida. Ci` COIC�IPANY' , except the West 1654 feet Plat Book 2,, P irds of Collier County, Florida; id Parcel being the West line of said Lot 8 (said North and cin. line of Section 27, Township The East 338.24 feet of the West 958.34 feet of Lot 7, NAPLES 1MPROVEMENT COMPANY'S LITTLE FARMS, l m Plat Book 2, Page 2, Public Records of Collier County, Florida, less and except that portion deeded to the Board of County Conunissioners of Collier County, Florida described as: Counnence at the ! west corner of said Lot 7; thence N 89 degrees 17' 39" East along the North line of said Lot 7 for a :distance of 620.00 feet to the POINT OF BEGINNING; thence continue along the North line of said Lot 7 a distance of 41.60 feet to the point of intersection with the point of curve concave to the Northwest having a radius of 813.94 feet and a central angle of 26 degrees 13' 03 "; thence continue Southwesterly along said curve an arc distance of 5130 to a point; thence N 00 degrees 39' 49" West 30 feet to the )JOINT OF BEGINNING. Page 1 of 3 Exhibit V.G. Page 18 of 27 OR: 3950 PG: 2577 PARCEL 18 G North 1/2 of Lot 7 less the West 1288.34 feet, NAPLES 1MPROV MENT COMPANY'S LITTLE FARMS, as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida. PARCEL 19 - A thi=u E Lots 3, 4, and 5 of NAPLES MIPROVEMENT COMPANY'S UME FARMS, according to the plat thereof recorded in flat Book 2 at Page 2, Public Records of Collier County, Florida; together with all buildings thercon; subjcct to the following easements of record to Florida Power & Light Company relating to adjacent lot 6: (a) An easement dated June 10th, 1953, recorded in Deed Book 30 at Page 395 of said Public Records; and (b) An easement dated June 10th 1953, recorded in Deed Book 30 at Page 397 of said Public Records. LESS AND EXCEPT: Part of Lot 3, NAPLES IMPROVEMENT CO'S LITTLE TLE FARMS, as per plat thereof recorded in Plat Book 2, Page 2, Pubtie Records of Collier #y; Florida, lying Easterly and Southerly of the following described line; Commencing at a concretes uth 1/4 comer of Section 27, Township 49 South, Range 25 Est, Collier Gout - South line of said Section North 89 degrees 26 09" East; 753:94 to a #h`(1 " .: ' 55" East 334.85 feet to a concrete monument on the South line of . " 3 and the Point of ; : -the described line; thence along said described line and the W "`" parcel North 0 degrees 21' 55" West 211.15 feet to 'A concrete. ` f att, er described Parcel; thence along said described line and the N Nt>rt1t.89 degrees 38' 05" East 729.90 feet to a concrete 05" East 13 feet more or less to the Easterly bounydary of = FARMS and the Point of Ending of said described Line. PARCEL 19 F The Westerly %Z of Lot 39 and Lot ,` ! SUBDIVISION, Lots 41, 42 and 43 and the East 45 fecVof.Lot 44, GO ' .ctxd ng to the map or plat thereof on file and recorded in the-' ffice of the Clerk of the recorded in Plat Book 2, Page 84, in the Public Records of Collier County, Florida. Lot 2, NAPLES BIPROVEMENT COMPANY'S LITTLE FARMS, except area described in Deed Book 22, Page 393, PublictRecords of Collier County, Florida and less West 25 feet and right -of -way located in Collier County, Florida and except parcel deeded to Collier County Conservancy, Inc. as Parcel 2 in Official Records Book 767, Page 249, according to the map or plat thereof on file and recorded in the Office of the Clerk f the Circuit Court, recorded in Plat Book 2, page 2, in the Public Records of Collier County, Florida. PARCEL 19 G All of Lot 97 of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, lying South of Golden Gate Parkway, accor9ing to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. Page 2 of 3 Exhibit V.G. Page 19 of 27 1 OR: 3950 PG: 2578 PARCEL 19 H in North 'Y: of Nortl> '/: of Section 35, Township 49 South, Range 25 East, being at the Northwest comer of the section and run East 1398.25 feet; thence South 64 degrees West 1555.06 feet; thence North 664.01 feet to the place of beginning, Collier County, Florida PARCEL 19 I Lot 6, NAPLES JMgROVEMENT COMPANY'S LITTLE FARMS SUBDIVISION, less additional road right -of -way for GoMette Frank Road, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court, recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida. PARCEL 19 J A lot or parcel of land lying in Lot 2 of NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, per plat in Plat Book 2, Page 2, Public Records of Collier County, Florida, which lot is described as follows: Beginning at a poini on the South line of oint is the Northwest comer of Lot 50 of GORDON RIVER HOMES per Plat , R; Records of Collier County, Florida, run Northerly parallel to the West d Lot 2 for 2. thence run Easterly parallel to the South line of said Ljt for 180 a nm Southerly paraUe dine of said Lot for 2175 feet to South line of said Lot; thence ong ire f ` 80 to Point of Beginning. Being the same p e"SCs Page 393, Public Records of Collier County, Florida. LES tb -cif -way for Good lette-Frank Road. a-* THE FOREGOING LANDS PARTICULARI. BY MXT'ES AND BOUNDS ON ATTACHED EXHIBIT "A -1" ING PARCEL .16 FAwpdocalRb Fk!Sd=WN4 _F* almv'Nw 1 #1 g FOR ALL FLEMO AAM M '[PL DOCUMFNIS.wpd s i t s i i i i i 4 i { ;Page 3 of 3 t Exhibit V.G. Page 20 of 27 OR: 3950 PG: 2579 3 0 Cleft. C~ and a PorGan of L" $7. Nissan Doak 2 of ft" d tpa ArCfo 1110=0 of corw CMIOV. Flollldw. >reprs. at tee O'vrT'vaot a.Ietn of: 40 3OV44- Rvage, 25 JW coiv,4 w I; genres 4 'CWW, , * 11 u filliew *26 OF vidd. "Oloo 3% GAWWW *1 1 lftn� ll�,- %lW.3V4;rW, -a #dip" AV *W"--. OWN* it Not*w pwiwiff Messiest kv _pW oohs[ A mat, I of, Gat of 1w of "M "Awt FOK RAINN" of "Llf 4j t6.104 flliwi of low$" K2r4r2rw. a dideseeiii- vv*ml-sh -once xa.*ww, a a i , at vim h;@t-_vasi lz�v, 4 douram or 4ng;*�r* iv4wr- o distemo of imi7 Feat: Severe jurwwE, a of 3UM feet owomm at QIAG feet thane 114XV317"L. a dWtwo at 49SIO lost teekca K.ZSr2WWr_ a 40 1 a of SZ4.39 fact to Ire latervockho wkn use Souds rtghL al -way Sm of Guldvot Coo Flats Thencm trews add nnmrda Me. XMWICM. W" add wroth right-4—W Ift of Goolon Oaks Powlimsy, far di.twic. of 37443 test to Vs wwreseethe, %an We cut Lor of tea swbw*a 1/6 at Swiss" V. Towm* 49 Soutar, Mango 23 Cum. UW= S.OrlWWL deal Sold Waft &%46 0 dhowhm of 2.jULJ2 1*4 to Me Pow OF Ow"aw- Togethair wNft A;::tt.afWLnvU Z theaw"jil of Mispil frowwwavronit We C*W Foam as rownhas ;a Plat goo Z at riole 2 *1 the .1 1 CWW COVito6 fhoisis. on VON So 0 pWtWa of Lose 39 WW 44 and ON of LOW 40 "*VO 42 *1 Conran W-W ?#Dwwx, sas oi M in Flat Saab 2 at Page 84 of 1ua palik Assents of Cosw counlyi, "W" baky KOW at the UMthOMd Cn• W ZSWWf* PAR30 40 WN U If go floolk Awcor" OF C-sw County. Fror"a so" pad an room". dzq bdrq a pWM of curve W a)w*-[eaglet eneee 1. tljrw- 4 to" d;ztoncA of 113.93 feet .039-rum" a elms d"2 the me and %ald South Gen, lowe"e, 0 if A # iinrs .*Ul the Paw of cure of a Von WMOX a" Is am kik.4t., #bL* f"., of 01= feet Void hook" a boarlds of MA icarlitrol enve W �4&06 Saw ins, a dletesses, of 4' cantirtit "a of WlrZIV 0 eftird end said Sohrtlt ogee( -tor U. at., WS416 a dwoup" of 727.41 bad to rand I OWN it or the Vateit, .hare - ww. . of the Gordon Art. irakq oPPr rr or - :L23 2* IM. w dW twrae. of au"4 feet %to be South Ift of of Him 1100jef Lot 7 at page 2 `of the pahk records, at calow 10 11111b, bald- " 111141 Ar Oft North bW of sold tot 7. 0 -to Va. I mad l2an-U Fort of Let *011 I13OL34 ho 7 Orw, a ttlstoseo K 190 of vols,%& �16 - to nwth *W, of ww Lot -;4 iw am 7; emtco X.Wlrwt; 01161110z: a" roe of C, as latereacdon %fth lho sworte _4 61 sold 11A 7; 4. a edema of 563.7s feat. to "A" C, arjd witisdiag, wastraly W- 10 in mcdost, dwe of the Gordon nwowv do" this, .1 ON toraw Sw the hosoving cameo; hftvm above dwonsissid *lReW :-el 4434 look TV. I r I Ow 3yrr VWI- a N I- ca of =001.70 foist owics those 3.fz2rlww. a dwill,wice of 36" leak to Ineentoost"n wan the mr% so of those son" onvok..g in OW-Aw awards Book M at .ft" 244 Of the faOk RIC&O 41 CdOW tWAIIP6 fkdft WOW SJWAWIWW, 4" Rld 011ft Of EM *1 Saw doailked 10.RP, SAWIWWL. 4" the —01 roe *if gem deamioad k-%4 0 of III.; dWOMM 0111101; of ifidlow so fell to lidersoodw so ft mum fwd or LA 3 "Now I 1p pamwswt wt Unle Fwvm Va recanted in Flat Nook 2 Otto" a of ow pvmk rMo at Comm counir. Fse,10i WAwaso "WAOsaw, smalricrt 0" khe a" 61" 41 v� bit" onowbod To GnwVl flared- soak M at pe" 35 of "so pubse, acw.* of C... County, Fission. a ddwm of 41.393 lad Is Re kdorowcOw vft Ow Awth Us of Let 30 of Gandow INOW Main" Va nowded to Filetbook 1 at Pogo 84 %if the Isvilea Xworep of CWw C.Ar. Flo transit KQW33*3rw- doing tee ask Anor of Use asst hop of ecild Lot 31, a ifislow" of 133A log. to Re bdarvedlot NM No Worth right--al—ar Fine of loth *a - Nortir theme LlrW1IfW_ Owing Ows swilh v6plit-Of-vary Am of 141k Avemism slarik a dislarres of JlLW_fv@L Iss and h*waacfm wFlIs On wad is BF ON not 45 love of IM " of said, Gordon `fe• '", - thome K=JkWlf along WW Vast Am. a dMomis of t15ZO took to Its i*MrSOROM UM the Walsh s" or saw Lot 44t aims Via nom me of now awswin Fis— maiwa, d adowim at 334,94 lwiL IV Rv Iniorwoothis win Vw FX4 Agild-ol-way " of coodlittka Frank Romik thowe KWWWW. d" said OWK light ftf-way GaI6 a 0*11=4 at QRSANS lost Vionow, XA)WJr%!rW, 4" vi -4 Agrst-af W *W 43 Alwame Of 74729 hat; Dionce NJWIOPWW- deep mid a" d9le-oll-pW WAL 0 data" at rAJtl AwL op low Southwest costar of Uld mariefe mwqlK tnomtee XAFZWWF- does on .mutt Sm w add slow" phast. a 40dessew of aftlit rawl; tharross PLWIVSWW Om the am Lim of said Slow's Plove, a detweir of 304.93 lost a the PON Or 27, 34 AN 35. Thu * NOT a surm. EarEBIT "A-1" Exhibit V.G. Page 21 of 27 1. 2::, 3. 4.. 5. 6. 7. 8: 9. Ia. 11. 12. OR: 3950 PG: 2580 Rights of parties in possession of that leased portion of the insured property commonly known as "Jungle Larry's" under unrecorded I ease Amts and all sublessees thcreoi, including without limitation rights under Memorandum of Lease recorded in O.R. Book 2893, Page 916, Public lb6ords of Collier County, Florida '3 Riparian' littoral rights are not insured (Parcels 19A -E, 19 -1, 18 G. 18 E,18 A -3, 19 G, and 19H). The inalienable right of the public to use the navigable waters covering or adjacent to the lands (Parcels 9A -E, 19-k 18 G. 18 E, 18 A-3. 19 G, and 1911). This policy does not insure.arrt` nirel lying waterward of the mean -high water Ile of the Gordon 19 Gana 19H). , Records of Collier 3. .asemenit in favor. ' { Novemlir 14, 195 Records; -of Collier Florida (Parcel 19 Easement in favor of r, ovvct 8c Light November 14, 1953, " Pft3J3 191). in favor of Florida Power & I -€ 14, 1953, Deed Book 30, Page 397, 191). aimed on the Plat of 2. Pap(s) 2, Public strument recorded Book 246, Page 59, Public in instrument recorded Collier County, Florida (Parcel contained in instrument recorded Records of Collier County, Florida (Parcel Easement in favor of Florida Power & Light Company, contained in instrument recorded June 21, 1960, Ok, Book 66, Page 301, Public Records of Collier Canty, Florida (Parcel 19 I & Parcel 19 A -E) Easement in favor of Florida Power & Light Company, contained in instrument recorded August 22,196-1 O-R. Book 244, Page 631, Public Records of Collier County, Florida (Parcel 19 A -E). Easeroeit in favor of Collier County, contained in instrument recorded September 12, 1985, O.R. Book 11'55, Page 233, Public Records of Collier County, Florida (Parcel 19 A -H). Easement in favor of Collier County, contained in instrument recorded April 28, 1995, O.R, Book 2053, Page 1696 as corrected & re- recorded at O. R. Book 2098, Page 1826, Public Records of Collier 4ounty, Florida (Parcel 191). tl ' Exhibit V.G. Page 22 of 27 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. * ** OR: 3954 PG: 2581 Right of"nhy recorded in O.R. Book 2999, Page 3091, Public Records of Collier County, Florida ( 9 A E. 18G. 18 E, 19 L 18 A -3 & 19 G) Resolutipn No. 89 -5753 recorded in O.R. Book 1603, Page 1508, Public Records of Collier County, Florida. Right-of-'Way Deed recorded in O.R. Book 66, Page 432, Public Records of Collier County, Florida. Order ofTaking recorded in O.R- Book 2735, Page 1135, Public Records of Collier County, Florida (Parcel 19 A E) Easement in favor of City of Naples, contained in insttument recorded April 1, 1975, O.R. Book 615, Page 1572 as modified at O.R. Book 785, Page 351 & O.R Book 785, Page 361, Public Records =of Collier County, Florida (Parcel 18 E). Easement in favor of Donald b uti ata�l, in instrument recorded January 16, 1973, O.A. Book 499, Page County, Florida (Parcel 18 C, 18 D. & 18 Easement in favor of Book 7$3, Page 4364 of Collier Easement in favor 1978, OR. Book 75 997, Public Easemcid contained M'S reca< in favor of Florida Po-Q 9. 1980, O.R. Book 882, Page A -E). 20, 1978, O.R I S F). Book 227, Page 40, Public in instrument recorded May 26, :ords ,Florida. (Parcel 1 B F)_ January 9 �•O.R. Book 182, Page 881, Public may, contained in instrument recorded Public Records of Collier County, Florida 24. Any lion provided by County Ordinance or by Ch. 159, F.S., in favor of any city, town, village or port au#ority, for unpaid service charges for services by any water systems, sewer systems or gas system& serving the land described herein; and any lien for waste fees in favor of any county or municipality. 25. Any rights in favor of third parties arising from the following matters of survey as depicted on Wilsontiiller survey dated July 6, 2004, revised August 15, 20DS, and bearing File No. 40-125A: 1. Drai%age ditch running East and West across Parcel 19F; 2. Guy wire anchors, trade signal poles, sand utility poles located along the Western boundary of the insured property outside of any easement area; and 3. Lift station and related utility equipment located in the Northwestern comer of Parcel 18F outside of any ea=ncnt area. 0 MWa9o4 RIAC1mignac* -MA rOM. WdE..VtW.-V'AitBrM 4 Exhibit V.G. Page 23 of 27 >t CONSERVA7lON COLLIER PROPERTY 10 t 20760800009 a 00268160009 3815747 OR: 4413 PG; 0757 11Cot01D in 0111c R6 11=3 of caum =W 14 14/61/2006 at 01:39M DtI®R 1. sl=, CM C0ir1 21199".0! 1K M 35.51 Dw -,11 "501.31 C01IIi in ta. - t1iiL 11t1ft 1rt1rIC11 IIfD1011ICJ A!i/:Q1pT /Ji:! t9i1 WARRANTY DEED THIS WARRANTY DEED is made this day of hnec H' 2006, by CDC LAND INVESTMENTS, INC., a Florida Corporation, formerly known as COLDER DEVELOPMENT CORPORATION, whose address is 3003 North Tamiami Frail. Suite 400, Naples, FL 34103 (hereinafter referred to as "Grantor', to COLLIERZCOUNTY, a political subdivision of the State of Florida, its successors and assigns, Whom post office address is 3301 Tamiami Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). i x (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) S WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($1.0.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms onto the Grantee, all that certain land situate in Collier County, Florida, to wit: 'See Attached Exhlb . herein by reference. Subject to ea , and r of record_ • •' • 'j �'.3[i =t }111; 0'1- wS?:$�r ?I!�7.i..-�.!:9t!a - • - • • TOGETHER with tenements, he crid appurtenances thereto belonging or in anywise ap ning_ l TO NAVE AND TO 4efr, F ci, ANd #tie Grantor.hereby cavenarrts .w i sai& Grantee that ft CdWftr is lawfulty seized ol"Jold land in fee simple; that the Grantor has good right and lawful authority to sell and eomrey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land F free of all encumbrances except as noted above. z IN 1VITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. CDC LAND INVESTMENTS, INC., formerly (,ire known as COLLIER DEVELOPMENT CORPORATION, a Florida Corporation (Printed name) - 8Y t PA'i1ICK E 4 I tE;;iDL =Nrt 1i11:al�irt��on, (Printed )' THIS CONVEYANCE ACCEPTED $T.TW 1110A,1110 OF ca,lrrr COMMISSTOKitS. COUIM. FLORIDA. COLLIER RSUANT. TO AGENDAr DATEDs A ITEM W. /0— d .. t Exhibit V.G. Page 24 of 27 OR: 4013 PG: 0758 STATE OF FLORIDA COUNTY OF COLLIER The 'foregoing Warranty Deed was acknowledged before me this day of Maj.0L;- , 2006 by Patrick L_ Utter, Vice President on behalf of CDC Land Inve§tments, Inc., formerly known as Collier Development Corporation, a Florida Corporation, who is personally known to me t+s id ti OR, lrr mum eo" !'bWAW Exhibit V.G. Page 25 of 27 THE THAT QUAR OR: 4013 PG; 0759 E. -KIM ' "A" Page 1 of 2 FY TAX IDENTIFICATION NUMBER: 00268160009 ITHEAST (SE' /.) QUARTER OF NORTHEAST (NE' /.) QUARTER AND RT OF THE NORTHEAST (NE' /,) QUARTER OF THE SOUTHEAST (SE' /,) R OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER , FLORIDA, LYING EAST OF THE CREEK, LESS AND EXCEPT THE ING TWO PARCELS: .L THAT TRACT OF PARCEL OF LAND LYING AND BEING IN E NORTHEAST (NE] /4) QUARTER OF SECTION 34, TOWNSHIP SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND ING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST BOUNDARY OF STORTER SUBDIVISION WITH THE NORTH RIGHT -OF -WAY LINE OF A CANAL, RECORDED IN PLAT BOOK 5, PAGE 106; RUN IN A NORTHERLY D BEET, MORE OR LESS, TO THE 0.. GORDON RIVER HOMES Si3 _ ON. i�EQ PLAT BOOK Z. PAGE 84` IN AN DIRECTION ALONG IINCZ `OF GORDON RIVER Q, ; MORE OR LESS, I1 R t F GORDON RIVER, J DIRECTION POLL 1 G H.W. LINE OF GQ TO, EXTENSION OF THE RIGHT -OF -W THE CANAL IN STORTE IVIS1C>)*I`AS PLAT BOOK 5, PAGE I... DIRECTION ALONG THE EA "C. €aN OF THE NORTH RI I fO : AY Lu t1ID CANAL TO THE POINT 'E F OEGINNINQ. Exhibit V.G. Page 26 of 27 I= f #* OR: 4013 PG: 0160 E.XHIRIT "A" Pagc 2 of 2 i A PORTION OF THE SOUTHEAST (SE %) QUARTER OF THE ]NORTHEAST (NE '/.) QUARTER, SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT KNOWN AS "POINT OF ENDING OF BULKHEAD LINE NUMBER 3" AS SHOWN AND DESCRIBED ON THE BULKHEAD LINE PLAT, RECORDED IN BULKHEAD LINE PLAT BOOK 1 AT PAGE 24, PUBLIC RECORDS OF COLLIER COUNTY, € FLORIDA; RUN SOUTH 89° 42' 36" EAST, ALONG SAID BULKHEAD LINE NUMBER 3, FOR 217.80 FEET; THENCE RUN SOUTH 29° 16'45" EAST, STILL ALONG SAID BULKHEAD LINE, FOR 144.56 FEET; THENCE RUN NORTH 890 42' 36" WEST, FOR 289.14 FEET, TO THE WEST LINE OF THE SOUTHEAST (SE %) QUARTER OF THE NORTHEAST (NE '/4) QUARTER OF SECTION 34, TOWNSHIP 49 St?UT _ NGE 25 EAST, COLLIER COUNTY mu BEING ON THE NORfiER1sY OF BEMBURY DRIY:L- $1! ION A$ TID. ON THE ESOUTH OF NO S EAST (SE U. T ) QUARTER ASS ( VEYOR'S q Nfl3E: F Y LINE OF $ S 360 FEET SOUTH "ID NORTH ON PLAT OF STORTERYISION AS , PLAT BOOK 5, PAGE I RECORDS IER COUNTY, ELOA)," 17' 24" EAST, ALONG THE A WEST LINE FOR 125.73 FEET TO THE POINT OF BEGINNING; CONTAINING 0.732 ACRES; TOGETHER WITH ALL RIPARIAN RIGHTS, INCLUDING ANY LAND CONTIGUOUS TO, AND WATERWARD OF, THE HEREIN DESCRIBED PORTION OF BULKHEAD LINE NUMBER 3. OF 43.54 ACRES, MORE OR LESS. TAX IDENTIFICATION NUMBER: 20760800009 UNPLATTED LANDS LOCATED IN SECTION 3, TOWNSHIP 50 SOUT4i1' RANGE 25 EAST AND FURTHER DESCRIBED AS GOVERNMENT LOT 2 LYING WEST OF THE GORDON RIVER, LESS AND EXCEPT THE WEST 20 ACRES THEREOF AND ALSO LESS -AND EXCEPT THE NORTH 800 FEET THEREOF. - OF 4.39 ACRES, MORE OR LESS. Exhibit V.G. Page 27 of 27 COPY PRE, APPLICATION MEETING NOTE'S. f -( I -� 7*.7c- *-;I- 2 Z rl ir ul z� h C01-0)w1 I NANCE 2011, ,- i�srj�o^ ZQ r �y c�/ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 200441, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RURAL-:: - AGRICULTURE (A), RURAL AGRICULTURE (A) WITH AN Sf OVERLAY, CONSERVATION (CON), CONSERVATION (CONS WITH AN ST OVERLAY, COMMERCIAL INTERMEDIATE (C- 3), RESIDENTIAL MULTI - FAMILY DISTRICT 6 [RMF- 6(3)]: AND RESIDENTIAL MULTI - FAMILY DISTRICT 6 [RMF- 6(3)]' WITH ST OVERLAY ZONING DISTRICTS TO THE PUBLIC. USE (P) ZONING DISTRICT FOR A PUBLIC PARK WITH A.N. ST OVERLAY TO BE KNOWN AS THE GORDON RIVER GREENWAY PARK; AND BY PROVIDING AN EFFECTIVE DATE. THE 123.6 + /- ACRE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF GOODLETTE -FRANK ROAD (CR -851) AND SOUTH OF GOLDEN GATE PARKWAY (CR -886), IN SECTIONS 27 AND 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. ORDINANCE NO. 11 -_2 ci_ WHEREAS, J. P. Marchland, P.E. of Kimley -Horn and Associates, Inc., representing Collier County, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD .OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit A, attached hereto and incorporated herein by reference, located in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida, is changed from Rural Agriculture (A), Rural Agriculture (A) with an ST Overlay, Conservation (CON), Conservation (CON) with an ST Overlay, Commercial Intermediate (C -3), Residential Multi- Family District 6 [RMF -6(3)] and Residential Multi - Family District 6 [RMF -6(3)] with ST Overlay zoning districts to the Public Use (P) zoning district for a 123.6 + /- acre public park with an ST Overlay to be known as The Gordon River Grccn% av Park / RZ_ -PI 2009 -25 Revised 7/26/11 1 of 2 Gordon River Greenway Park. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this e-A,;46 day of -01- � 1 2011, ATTEST: DWIG14T-,E. BROCK,-'CLERIC By: -A- I —, .' pu Clerk Attart-43 Ntm 4 it"AtViVom t4i-' - Approved as to form and legal sufficiency: - J Steven T. Williams Assistant County Attorney Attachments: Exhibit A: Legal Description C P\09 -C PS- 00974\55 Gordon River Greenuay Park / RZ-PL2009-25 Revi%cd 7/26/11 2 of2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By- W, "- FRED W. COYLE, Chair" o At uf-pav of of ii-.-J of AQQ LEGAL DESCRIPTION (O.R.B. 4013, PGS. 0757 -0760) THE SOUTHEAST (SE1 /4) QUARTER OF NORTHEAST (NE1 /4) QUARTER AND THAT PART OF THE NORTHEAST (NE1 /4) QUARTER OF THE SOUTHEAST (SE1 /4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING EAST OF THE CREEK, LESS AND EXCEPT THE FOLLOWING TWO PARCELS: ALL THAT TRACT OF PARCEL OF LAND LYING AND BEING IN THE NORTHEAST (NE1 /4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE POINT OF INTERSECTION OF THE EAST BOUNDARY OF STORTER SUBDIVISION WITH THE NORTH RIGHT -OF -WAY LINE OF A CANAL, RECORDED IN PLAT BOOK 5, PAGE 106; RUN IN A NORTHERLY DIRECTION 149.00 FEET, MORE OR LESS, TO THE SOUTH BOUNDARY OF GORDON RIVER HOMES SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 84; THENCE IN AN EASTERLY DIRECTION ALONG WITH THE SOUTH BOUNDARY OF GORDON RIVER HOMES A DISTANCE OF 133.00 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF GORDON RIVER; THENCE IN A SOUTHEASTERLY DIRECTION FOLLOWING THE MEANDERINGS OF THE M.H.W. LINE OF THE CORDON RIVER TO THE EASTERLY EXTENSION OF THE NORTH RIGHT -OF -WAY LINE OF THE CANAL IN STORTER SUBDIVISION AS RECORDED PLAT BOOK 5, PAGE 106; THENCE IN A WESTERLY DIRECTION ALONG THE EASTERLY EXTENSION OF THE NORTH RIGHT -OF -WAY LINE OF SAID CANAL TO THE POINT OF BEGINNING. ME A PORTION OF THE SOUTHEAST (SE1 /4) QUARTER OF THE NORTHEAST (NE1 /4) QUARTER, SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA_ DESCRIBED AS FOLLOWS: BEGINNING AT A POINT KNOWN AS "POINT OF ENDING OF BULKHEAD LINE NUMBER 3" AS SHOWN AND DESCRIBED ON THE BULKHEAD LINE PLAT, RECORDED IN BULKHEAD LINE PLAT BOOK 1 AT PAGE 24, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; RUN SOUTH 89'42'35" EAST, ALONG SAID BULKHEAD LINE NUMBER 3, FOR 217.80 FEET; THENCE RUN SOUTH 29' 16'45" EAST, STILL ALONG SAID BULKHEAD LINE, FOR 144.56 FEET; THENCE RUN NORTH 89'42'36" WEST, FOR 289.14 FEET, TO THE WEST LINE OF THE SOUTHEAST (SE1 /4) QUARTER OF THE NORTHEAST (NE1 /4) QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID POINT BEING ON THE NORTHERLY RIGHT -OF -WAY LINE OF BEMBURY DRIVE BY POSSESSION AS i MONUMENTEb ON THE GROUND, SAID POINT BEING 362.32 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SOUTHEAST (SE1 /4) QUARTER OF THE NORTHEAST (NE1 /4) QUARTER AS SHOWN ON SAID BULKHEAD PLAT (SURVEYOR'S NOTE: THE NORTHERLY RIGHT -OF -WAY LINE OF BEMBURY DRIVE IS SHOWN AS BEING 360 FEET SOUTH OF SAID NORTHWEST CORNER ON PLAT OF STORTEP SUBDIVISION AS RECORDED IN PLAT BOOK 5, PAGE 106, PUBLIC RECORDS OF COLDER COUNTY, FLORIDA); THENCE RUN NORTH (717'24' EAST, ALONG THE AFORMENTIONED WEST LINE FOR 125.73 FEET TO THE POINT OF BEGINNING; CONTAINING 0.732 ACRES; ' TOGETHER WITH ALL RIPARIAN RIGHTS, INCLUDING ANY LAND CONTIGUOUS TO, AND WATERWARD OF, THE HEREIN DESCRIBED PORTION OF BULKHEAD LINE NUMBER 3. EXHIBIT A DESCRIPTION AN of Lot 97 of Naples Improvement Company's little Forms, lying South of Golden Gate Parkway, according to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. Less and Except the following Access Easement The East 60 feet of that part of Lot 97 of Naples Improvement Company's Little Farms Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, in the Public Records of Collier County Florida, lying south of Golden Gate Parkway and within Section 27, Township 49 South, Range 25 East, Collier County, Florida: And less the North 120 feet of the East 120 feet of Section 34, Township 49 South, Range 25 East, Collier County . Florida: being and lying within Lot 97 of Naples Improvement Company's Little Farms Subdivision, according to the plot thereof recorded in Plot Book 2, Page 2, in the Public Records of Collier County, Florida. Together with Lot 3 of Naples Improvement Company's Little Forms, according to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. Less and Except That part of Lot 3 of Naples Improvement Company's Little Farms subdivision as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, lying Easterly and Southerly of the following described line; Commencing at a concrete monument at the South 1/4 corner of Section 27, Township 49 South, Range 25 East, Collier County, Florida; Thence along the South line, North 89'26'09" East 753.94 feet to a point: Thence South 00'21'55 East 334.85 feet to a concrete monument on the south line of said Lot 3 and the Point of Beginning of the described line: Thence along said described line and the Westerly boundary of the herein described parcel North 00'21'55' West 211.15 feet to concrete monument at the Northwest corner of said described Parcel: Thence along said described line and the Northerly boundary of said described parcel North 89'38'05" East 729.90 feet to a concrete monument: Thence continue North 8938'05" East 13.00 feet more or less to the Easterly boundary of Lot 3, Naples Improvement Company's Little Farms and the Point of Ending of said described line. Also Less and Except That part of Lot 3 of Naples Improvement Company's Little Forms subdivision as per plat thereof recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida: Commencing at the South 1/4 comer of Section 27, Township 49 South, Range 25 East, Collier County, Florida: Thence North 89'46'00" East 74.16 feet to a point on the East right —of —way of Goodlette —Fronk Road; Thence along said right —of —way North 04.39'15' West 148.44 feet to the North line of said Lot 3; Thence leaving said right —of —way and along the North line of said Lot 3 North 89'40'10" East 761.95 feet to the POINT OF BEGINNING; Thence continue along said line North 89'40'10" East 191.50 feet; Thence South 28.23' 14 West 106.55 feet; Thence South 89.47'09' West 137.16 feet; Thence North 01 "38'39" West 94.94 feet to the POINT OF BEGINNING. And Less That land described in Official Records Book 246, Page 59, of the Public Records of Collier County, Florida, being a right —of —way taking for Goodlette —Fronk Road. (Detail "5) STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2011 -25 Which was adopted by the Board of County Commissioners on the 26th day of July, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 29th day of July, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners..,. By: Teresa PolaW�i,' Deputy Clerk COPY REIS,OLUTION 2012 -018 RESOLUTION NO. 12- 18 A RESOLUTION APPROVING PETITION ST- PL20 1 1 0000677: REQUESTING A SPECIAL TREATMENT DEVELOPMENT PERMIT TO CONSTRUCT A RESTROOM, MAINTENANCE STORAGE BUILDING, PAVILION, PARKING, STORMWATER TREATMENT AREAS, LANDSCAPING, LIGHTING, ACCESS DRIVE, TRAILS, BOARDWALKS, SHADE STRUCTURES, FISHING PLATFORM, WATER QUALITY TREATMENT FACILITY, UTILITY PIPING, AND PEDESTRIAN BRIDGES WITHIN THE SPECIAL TREATMENT OVERLAY (ST) FOR A PROJECT KNOWN AS THE GORDON RIVER GREENWAY PARK LOCATED IN SECTIONS 27 AND 34, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on Collier County, the power to establish, coordinate and enforce, zoning and such business regulations as necessary for the protection of the public health, safety and welfare; and WHEREAS, the County pursuant thereto has adopted Ordinance 04 -55, as amended, which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, the Board of County Commissioners of Collier County, being the duly elected constituted board of the area hereby affected, has held a hearing in regular session as in said regulations made and provided, and has considered the advisability of allowing the construction of the following within the Special Treatment area as shown on the attached plans (Exhibits A and B): • The Northeast Development Node with its associated restroom, ----- - - - - -- maintenance -storage building; - pavilions parking, stormwater- treatment -- areas, landscaping, lighting, and access drive. • Passive park amenities such as recreational multipurpose pedestrian/bicycle trails, boardwalks, associated shade structures, and lighting. • Fishing platform. • A water quality treatment facility to enhance water quality from stonrwater runoff along Golden Gate Parkway. • Utility piping for water, sewer, and stormwater. • Pedestrian bridge over the Golden Gate Canal, and provisions for a future pedestrian bridge across Golden Gate Parkway to connect to Freedom Park. WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. Gordon River Greenway Park ST Permit Rev. 1/17/12 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Petition ST- PL2011 -677 filed by Collier County Governments' Parks and Recreation and Conservation Collier, with respect to the property more particularly known as Gordon River Greenway Park is hereby approved for a Special Treatment Development Permit to allow for 6.9 acres of impacts as shown on Exhibits "A" and `B" in a Public Use zoning with Special Treatment Overlay (P -ST) wherein said property is located. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number ST- PL2011 -677 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. DONE AND ORDERED this �� day of r-Gb(-uat- , 2012. ATTEST' �-Ann DW G IT'E:'BR. CK, CLERK - Approved -as-to -Form and Legal Sufficiency i L- - L--� �L- Steven T. Williams S�tyli2 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: (A). CJ, Fred W. Coyle, Chairman Attachments: Exhibit A — ST Overlay Affected Area Map Exhibit B — Overall Project Site /ST Overlay Concept Plan Gordon River Greenway Park ST Permit Rev. 1/ 17/12 Page 2 of 2 irml !a so 4 115❑ so P151 i 190 ?F n � $R o <o Q A Y GG) m0 � Zmp *O Dz <;a DM A� O m { D m n m m O D m D D v d 8 R x o 0 I Mull 3 $ a EXHIBIT "A" 0 0 0 $0 $ NORTH Z rn ,m F INN it ill1 r, 6o, m0 mz zo �O Dz �m all! 0 m r r O � O m o Z� m N EXHIBIT "B" Ir— `- _- - - - -�- ; vvj m U I IP t I � I _ I - f Y N S ~ yy { i r� i COPY DECLARATION OF RESTRICTIVE COVENANTS 11 4042169 OR: 4253 PG: 0713 1� 11CORDED in OFFICIAL RECORDS of COLLIHR COUNTY, FL 07103 /ZOOI at 01:15M MIGHT E. BROCX, CLERI This document prepared by. RIC FEE 120.50 Kristen L. Coons, Esq. letn: Florida Conmmunities Trust HEALTH E PUBLIC SERVICES Department of Community Affairs IITEIOFFICI- BLDG 8 ZND FL 2555 Shumard Oak Blvd. ATTA: AMANDA TONNSIID Tallahassee, FL 32399 FLORIDA CONDAUNITIES TRUST FF6 AWARD #06- 043 -FF6 FCT Contract #07- CT- 96- 06 -F6 -J 1 -043 GORDON RIVER GREENWAY PARK DECLARATION OF RESTRICTIVE COVENANTS THLS AGREEMENT is entered into by and between the FLORIDA COM VfUNITIES TRUST ( "FCT "), a nonregulatory agency within the State of Florida Department of Community Affairs, and COLLIER COUNTY, a political subdivision of the State of Florida ( "Recipient "). THIS AGREEMENT IS ��0,, WHEREAS, the intent f t� proceeds of certain bonds, h ei* described in Exhibit "A" atta hed'h�re� ensure compliance with implement the provisions WHEREAS, Chapter' non - regulatory agency within local governments in bringing to open space, and coastal elements resolving land use conflicts by F 1 N THE FOLLOWING FACTS: is to impos t� and conditions on the use ofthe 4- anddt-1�he Ian s uired with such proceeds, as ect Site "), that are necessary to e e co a tax law and to otherwise 1 at�d h 1. , 380, Part III, Florida Statutes; III, Fla. Stat., trnent of Con Lpliance and ii environmental organizations to carry out projects and Communities Trust Act; n ' ' unities Trust Act, creates a ✓ ( "Department') that will assist ;�ft the conservation, recreation and for in conserving natural resources and oe to local governments and nonprofit activities authorized by the Florida WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty -two percent (22 %), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community -based Projects, urban open spaces, parks and greenways to implement local comprehensive plans; WHEREAS, the Florida Forever Revenue Bonds are issued as tax - exempt bonds, meaning the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; DRC\06 -043 -FF6 6/6/2007 OR: 4253 PG: 0714 WHEREAS, Rule 9K- 7.009(1), Florida Administrative Code ( "F.A.C.'), authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS, FCT has approved the terms under which the Project Site was acquired and the deed whereby the Recipient acquired title to the Project Site. The deed shall contain such covenants and restrictions as are sufficient to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XH of the State Constitution and it shall contain clauses providing for the conveyance of title to the Project Site to the Board of Trustees of the Internal Improvement Trust Fund ( "Trustees ") upon the failure ofthe Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to disbursing FCT Florida Forever funds to the Recipient for Project Costs. NOW THEREFORE, in herein, and other good and valu acknowledged, FCT and the Rt� I. PERIOD OF 1. This Agree restrictions contained here to, FCT and the Recipient U. MODIFICATION OF k1sidcration, the f6 do hereby contract respective ants and undertakings set forth sufficiency of which is hereby as follows: parties. The covenants and ❑d, and the benefit shall inure 1. Either party may requeS- fi46kfi&h the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE COVENANTS 1. Upon execution by the parties hereto, the Recipient shall cause this Agreement to be recorded and filed in the official public records of Collier County, Florida, and in such manner and in such other places as FCT may reasonably request. The Recipient shall pay all fees and charges incurred in connection therewith. 2. The Recipient and FCT agree that the State of Florida Department of Environmental DRC106- 043 -FF6 6/6/2007 2 OR: 4253 PG: 0715 Protection shall forward this Agreement to the Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax- exempt status of the Florida Forever Bonds is not jeopardized, FCT and the Recipient shall amend the Agreement accordingly. IV. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to the addresses specified below. Any such notice shall be deemed received on the date of delivery if by personal delivery or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 -2100 ATTN: P r r Recipient:,/'��` A t 2. In the event eren resen ve or dk, is designated for paragraph 1. above after execution n of this ent, nonce of the �e s�il�l�be rendered to FCT as provided in paragraph 1. above. ] 5 .1 V. PROJECT SITE T CHAPTER 375 AND FLA. STAT. BY CHAPTER 259, 1. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee containing such covenants, clauses or other restrictions as are sufficient to protect the interest of the State of Florida. 2. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 3. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division offorestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water DRC\06- 043 -FF6 6/6/2007 3 OR: 4263 PG: 0716 Management District who agrees to accept title and manage the Project Site. 4. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof; is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the Recipient shall deposit with FCT any insurance proceeds or any condemnation award and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from FCT, FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any of the foregoing, FCT shall have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. VI. MANAGEMENT OF 1. The Project enhancement of natural and public outdoor recreation, a purpose. The proposed uses approved by FCT. 2. The Recipientb Site is for a category dedic4 appropriate. If an amendment to be proposed at the next comprel 1 be managed only r e conservation, protection and a .esour'c ompa 'ble assive, natural resource -based rith othlaibd u e �r the accomplishment of this r t tSi a d i sigaated in the Management Plan ensure that the fu and u gnation assigned to the Project open space, co fGr outdoor recreation uses, as cable compreh '�`` is required, the amendment shall h r. available to the Recipient. 3. The Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction, as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 4. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 5. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 6. All buildings, structures, improvements and signs shall require the prior written DRC\06- 043 -FF6 6/6/2007 OR: 4253 PG: 0717 approval of FCT as to purpose. Further, tree removal, other than non - native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT 7. If archaeological and historic sites are located on the Project Site, the Recipient shall comply with Chapter 267, Fla. Stat. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site shall be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 8. As required by Rule 9K- 7.013, F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that documents the progress made on implementing the Management Plan. VII. SPECIAL MANAGEME ®0'r, The Management Plan for the p j site is mentioned thro o this Agreement, and is particularly described in Secti ve. o the o conditions already described in this Agreement, vhi l�s1 es am T funds, the Management Plan shall address the followhng n t e g either representations made te th a li ti n iv c Ject site and result from ell. g p is or observations made by the FCT staff during the cn K_ 1. Two or more resourc outdoor recreat'c' s including a canoe/kayak launch, picnic pavilions and trail a provided. The hall be developed in a manner that allows the general pub ' p environmental resources on the project s' � ervahon and appreciation of the g harm to those resources. 2. Two or more user- oriented outdoor recreational facilities including playgrounds and ball fields shall be provided within 1,000 of the project site. Public walkways and pedestrian crossings shall be provided to allow for safe connection between the project site and user - oriented facilities within 1,000 feet of the project site. The facilities shall be located and designed to have minimal impacts on natural resources on the project site. 3. A permanent recognition sign, a minimum size of 3' x 4', shall be maintained in the entrance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Program and the Recipient. 4. Interpretive signage shall be provided to educate visitors about the natural environment of the project site. DRC106- 043 -FF6 6/6/2007 OR: 4253 PG: 0718 5. At least 12 regularly scheduled and ongoing educational classes or programs per year that promote the protection of environmental resources shall be provided at the project site. 6. A survey of the natural communities and plant species on the project site shall be conducted prior to the development of the project site. The survey shall be used during development of the site to ensure the protection, restoration, and preservation of the natural communities on the project site 7. The natural communities that occur on the project site shall be preserved and appropriately managed to ensure the long -term viability of these communities. 8. The project site shall be managed in a manner that will protect and enhance the listed and non - listed native wildlife species and their habitat. Periodic surveys shall be conducted of listed species using the project site. 9. The location and design of an arl ' i shall be designed to have minimal impacts on natural resources. The rate pervious materials wherever feasible. 0 10. The quality of s ce a i inv' ed by a tallation of stormwater facilities on the project site at ' o 'd w e itat pe�space in a park like setting. The development of the stor�w er fa h tips t 7th the South Florida Water Management District. 11. Any proposed storrpk ter facility for the ectfsita 1 be designed to provide recreation open space or wildli itat. LJ 12. A comprehensive lands gip C. ed for the project site. The landscaping plan will make significant tv 13. An ongoing monitoring and control program for invasive vegetation including exotic (non - native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 14. A feral animal removal program shall be developed and implemented for the project site. 15. An archaeological survey shall be preformed for any area within the project site proposed for development prior to the commencement of proposed development activities in that DRC\06- 043 -FF6 6/6/2007 6 OR: 4253 PG: 0719 area. All planned activities involving known archaeological sites or identified site areas shall be closely coordinated with the Department of State, Division of Historical Resources in order to prevent the disturbance of significant sites. A protection plan shall be developed and implemented in conjunction with the Division of Historical Resources for the protection of known historic sites located on the project site. 16. Sidewalk access to the project site shall be provided that links the project site with adjacent residential neighborhoods. 17. Bike parking stands shall be installed at the project site to provide an alternative to automobile transportation to the project site. 18. The development and management of the project site shall be coordinated with the agencies managing the multi jurisdictional recreational trails in Collier County, to ensure the project site is managed as part of a linked trail system. 19. The project site shall be within the County's designated VIII. OBLIGATIONS PROCEEDS d as part of an ecological corridor TO THE USE OF BOND 1. FCT is autho%iz b S -`tion 8q 1 ia. St t ` im�ose conditions for funding on the Recipient in order to ens' t es q r fuirements for the use of Florida Forever Bond proceeds incl 1!°i ` without limitation e p vide of the Internal Revenue Code and the regulations promulga ereunder as the a to f ax exempt bonds. T 2. The Recipient agr owled low listed transactions, events, and circumstances, collectively referred ova activities," may be disallowed on the Project Site as they may have negative legs consequences under Florida law and federal income tax law. The Recipient fiirther agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non - governmental person or organization; b. the operation of any concession on the Project Site by a non - governmental person or organization; DRC\06- 043 -FF6 6/6/2007 7 OR: 4253 PG: 0720 C. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non - governmental person or organization; d. any use of the Project Site by a non - governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract for the Project Site with anon-governmental person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, remain subject to any of the disal provided for in paragraph III .1 transactions, events or circum tan requests in order to evaluator ft activities. t 4. In the event allowing others to engage, immediately cease or cause th from FCT. In addition to all of seek temporary and permanent Project Site. e Recipient and/or the Trustees, is to Ivihes, T ent shall provide notice to FCT, as at least sixty (60 a days in advance of any such 1 rovi# FC uc information as FCT reasonably thp*gal aAd tax cpnsaquences of such disallowable rate Ciirf any Arrie i. )he Recipient is engaging, or vable activitz on the ect Site, the Recipient shall i of the disallo - 1 ao 'es upon receipt of written notice and remedies at la uity, FCT shall have the right to ainst the or any disallowable activities on the �E C� DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS DOOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. IX. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure DRC106- 043 -FF6 6/6/2007 8 OR: 4253 PG: 0721 of funds under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non -state entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a non -state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirement ein, the Recipient shall ensure that the audit complies with the requirements o e ti Stat. This includes submission of a reporting package as defined on 215.97(2} . Stat. and Chapter 10.550 (local government entities) or 10.65 (n rofit organizations), les the Auditor General. 3. If the Recipi t 1 to �inancial assistance in its fiscal year, an audit conducted ' ac r i E av of o Section 215.97, Fla. Stat. is not required. If the Recipient ql t h a� u i a nduc in i � .. ce with the provisions of Section 215.97, Fla. Stat., -1 L � t the a t musie pat o do -State funds (i.e., the cost of such an audit must be paid k ecipient funds not d� �a State entity). 4. The annual fin an xa t report shall inc anagement letters, the Recipient's response to all findings, includin taken, and a schedule of financial assistance specifically identifying all eit other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 DRC\06- 043 -FF6 6/6/2007 OR: 4253 PG: 0722 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302 -1450 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five -year pe shall be retained until the litigation or audit findings have been resolved. s� ^. 7. The Recipient `ve all audits complet in ordance with Section 215.97, Fla. Stat. performed by an ind n pert acco ( "IPA') who shall either be a certified public accountant or a pu C dapter 473, Fla. Stat. The IPA shall state that the audit co ph i a noted above. X. DEFAULT; RE ; `PEAT/:, l kL 1. If any essenti al or condition ofe on of Restrictive Covenants is violated by the Recipient or by s d party with the 1 ge of the Recipient, the Recipient shall be notified of the violation b tie ersonal delivery, registered mail or registered expedited service. The reci hail I tly commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing activities. FCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish DRC106- 043 -FF6 6/6/2007 10 OR: 4253 PG: 0723 and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shall treat such Property in accordance with Section 380.508(4)(e), Fla. Stat. XI. STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of FCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. 3. The Recipient agrees o l �, cans With Disabilities Act (public Law 101 -336, 42 U.S.C. Section � if app � hich prohibits discrimination by public and private entities o asis of if i the areas of employment, public accommodations, transportati7� . entns8 vic t ,and in telecommunications. 4. A person or conviction for a public contract to provide any public entity for the cor bids on leases of real contractor, supplier, subcontracts transact business with any public the date of being placed on the cc L.yp,m r a nee onVlcted vendor list following a r o e is ato n list may not submit a bid on a t 1' 'ty, tnbmit a bid on a contract with a repair of a public b din orrc work, may not submit lease public entity, m of arded or perform work as a or nsultant under a c I 'th a public entity, and may not wo for a period of 36 months from 'rict er }sl a discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement including Exhibit "A" embodies the entire agreement between the parties. DRC106- 043 -FF6 6/6/2007 11 OR: 4253 PG: 0724 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrw 2007,by. p A known to me. DRC\06- 043 -FF6 6/6/2007 12 COLLIER COUNTY, a political subdivision of the S e of on By: C Date: Apprei►c o and Legal' By. Print ame: e�; day of �v 0C unent, and who is personally ion Expires: ESE K- Witness: STATE OF FLORIDA COUNTY OF LEON The foregoing instrument 2007, by Janice Browning, D personally known to me. i OR: 4253 PG: 0725 TRUST By: v Jan' e By6wning, Ififedor, vision of Ho " in Community D elopment Date: Approv o F rm and Legality: By: Kristen L. Coons, Trust Counsel ''. CO edged befo T e % day of , Division of Housing d mmunity Dev4k6pment. She is N. LEllll / /�j�� // O. \� • GCOMiss'a M ssiO4 l�plr `}� s tq • Z C �.,. - = Do.- DR006- 043 -FF6 6/6/2007 13 DESCRIPTION BXHIBTT'A- OR: X253 PG: 0726 All of Lot 97 of Naples Improvement Company's Little Farms, lying South of Golden Gate Parkway, according to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. Less and Except the following Access Easement The East 60 feet of that port of Lot 97 of Naples Improvement Company's Little Forms Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, in the Public Records of Collier County, lying south of Golden Gate Parkway and within Section 27, Township 49 South, Range 25 East, Collier County, Florida; And North 120 feet of the East 120 feet of Section 34, Township 49 South, Range 25 East, Collier County, Florida; being and lying within Lot 97 of Naples Improvement Company's Little Forms Subdivision, according to the plat thereof recorded in Plat Book 2, Page 2, in the Public Records of Collier County, Florida. Together with: The South 311.25 feet of Lot 3 of Naples Improvement Company's Little Farms, according to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. Less and Except That part of Lot 3 of Naples Improvement Coml thereof recorded in plat Book 2, Page 2, Public Easterly and Southerly of the following described Commencing at a concrete monument at 49 South, Range 25 East, Collier County, Thence along the South line of said Nortf 0021'55" East 334.85 feet to a concret the Point of beginning of the described i Westerly boundary of the herein describe concrete monument at the Northwest con described line and the Northerly bounds k 729.90 feet to a concrete monument; Th more or less to the Easterly boundary of and the Point of Ending of said described And A portion of :Lot 6, Naples Improvement Con thereof recorded in Plat Book 2, at Page 2, Being more particularly described as follows: 1/4 comer of continue North 87 3. NAPLES IMPROM >n as per plat Florida. Lying 27, Township tTh ce South r a Lot 13 and nd�the feetj to e ha4 said '3 LQ5" East 33(� feet FARMS to the plat tv. Florida. Beginning at the Northwest comer of said Lot 6, run South along the West line of said Lot 6 for 60 feet; thence run East parallel with the North lot line of said Lot 6 for 983 feet; thence run South parallel with and 50 feet (measured to right angles) North of the South line of said Lot 6; thence run East parallel with said South line for 717 feet, more or less, to the waters of Gordon River Canal; thence run Northeasterly for 280 feet, more or less, along the waters of said Canal to the North line of said Lot 6; thence run West along the said North line of Lot 6 for 1,697 feet, more or less, to the point of beginning. Less and Except The Westerly 20 feet of Lot 6, Naples Improvement Company's Little Farms, according to the plat thereof recorded in Plat Book 2, at Page 2, Public Records of Collier County, Florida. As Described in Official Records Book 66, page 432 of the Public Records of (�nllier rni.ni�i Flnririn DRC106- 043 -FF6 6/6/2007 14 aC j � � -� COMNVNttY kEOEVELOPMENT AGENCY BAYSHORE /GATEWAY TRIANGLE CRA GROWTH MANAGEMENT PLAN AMENDMENT TABLE OF CONTENTS A. AMENDMENT SUMMARY B. EXHIBITS A. Design Standards LDC B. Mixed Use Potential Area C. Resolution 2000 -82 D. Communication /Letters E. CCPC Minutes C. FUTURE LAND USE MAP 4069 Bayshore Drive . Naples, Florida 34112 P: (239) 643 -1115. F: (239) 775 -4456 www.colliercra.com /---, - "� /) /, /o / - -/- i / Growth Management Plan Amendment Bayshore /Gateway Triangle Redevelopment Overlay GEOGRAPHIC LOCATION: The Bayshore /Gateway Triangle Redevelopment area comprises of two separate communities and is located on the southeastern edge of the City of Naples and part of the larger East Naples Planning Community. The Gateway Triangle contains approximately 291 acres and is defined by three major arterial roadways — US -41 /Tamiami Trail, SR 84 /Davis Boulevard and CR- 31 /Airport Pulling Road - and received its "gateway" name from its relationship to these important County and regional thoroughfares. The Bayshore area contains approximately 1,448 acres and extends south of Tamiami Trail as a large rectangular area that is accessed primarily by and extends to the east and west of Bayshore Drive. These communities are adjacent to each other, but divided by US 41, a six -lane divided highway. The following maps illustrate the zoning and redevelopment area boundaries. ff_n - I If #�r'r t � Bayshore /Gateway Overlay Zoning Map Future Land Use Map 1 REQUESTED ACTION: 1. Amend the Bays h o re/Gateway Triangle Redevelopment Overlay to delete specific development standards that are now contained in the Bayshore Mixed Use Overlay and Gateway Triangle Mixed Use Overlay Districts, Section 4.02.16 and 4.02.35 of the Land Development Code (Exhibit A), add a provision to expand mixed use potential to parcels on the north side of Davis Boulevard (SR84) (Location Map Exhibit B) and Activity Center #16, add text to permit additional means for distribution and utilization of the residential density pool through a defined PUD process. 2. Amend the following Policies and Provisions to add text that clarify and cross reference the proposed amendment to the Bayshore /Gateway Triangle Redevelopment Overlay pertaining to the residential density pool: a. FLUE Policy 5.1 b. Density Rating System c. Mixed Use Activity Center Subdistrict. 3. No map changes are being proposed. BACKGROUND AND INFORMATION On March 14, 2000, the Collier County Board of County Commissioners determined that the Bayashore /Gateway Triangle area of the County merited public attention. To establish a means by which economic and physical redevelopment could alter the negative image of the area and generate conditions to commensurate and compliment its favorable location, Resolution 2000 -82 (Exhibit C) was adopted establishing the Community Redevelopment Agency and the Bayshore/ Gateway Redevelopment Plan was adopted on June 13, 2000. Since adoption of the 2000 Redevelopment Plan much as changed and accomplishes are being realized within the redevelopment area including: streetscape improvements, stormwater and infrastructure improvements, pedestrian pathways, crime reduction, fagade improvements and the opening of the Botanical Gardens, creation of a Cultural and Arts district and rezoning of a catalyst site to accommodate and facilitate cultural activities. In addition, the CRA has seen many new businesses come to the area as a result of grants and incentive programs. To solidify development and redevelopment planning efforts numerous studies have been contracted since the establishment of the CRA in 2000. Extensive community outreach and public involvement was spearheaded to identify areas of opportunities. Through implementation of the Land Development Code, Growth Management Plan and public input it has become apparent there is a need to amend the Bays ho re/G ateway Redevelopment Overlay to better facilitate development and redevelopment opportunities within the area. This proposed amendment seeks to provide for additional means to utilize an underutilized incentive afforded to the agency known as the density bonus pool. The density bonus pool consists of a maximum of 388 dwelling units permitted to be utilized in the Overlay for density bonuses. The 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical garden's sites prior to their rezone in 2003 to establish the Naples Botanical Gardens. 0j The GMP currently limits the use of density bonus units to mixed use projects within the Overlay. Through public input the CRA has realized there are other areas within the Overlay that are suitable to receive density bonus units. The areas targeted and identified in this amendment that would be eligible to receive density units have been considered for development and /or redevelopment by either prospective developers or individuals during their due diligence phase. Unfortunately, interest to development /redevelop these sites diminished when potential investors realized the sites did not qualify for residential density bonuses. As a result, the proposed projects were deemed not viable by the prospective developer or individual and remain as is. The limited means of distribution of the density bonus units have resulted in a lack of utilization and some instances diminished the appeal of prospective redevelopment sites with the redevelopment area (see communications Exhibit "BA ".) This amendment will serve to expand mixed use potential to parcels on the north side of Davis Boulevard (SR84) and Activity Center #16, and add text to permit additional means for distribution and utilization of the residential density pool through a defined PUD process. This is amendment does not seek to increase the total number of dwelling units presently allowed within the Bayshore /Gateway Triangle Overlay, but merely allow for different means of distribution of the dwelling units, affording increased opportunity and utilization of the density pool dwelling units. The proposed amendments to Flue Policy 5.1, Density Bonus Pool, Density Rating System and Mixed Use Activity Center Subdistrict are for clarity purposes and provide cross reference to the density bonus pool and its relationship to the Bayshore /Gateway Triangle Redevelopment Overlay. PROPOSED CHANGES Future Land Use Element Text Policy 5.1: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13 the following provisions apply: a. For such commercially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial -zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bayshore /Gateway Triangle Redevelopment Overlay. 3 b. For such industrially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. C. For such residentially -zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district except as provided for in the the Bayshore /Gateway Triangle Redevelopment Overlay. d. Any property deemed consistent may be combined and developed with other abutting property provided the density and intensity of development derived from the property deemed consistent is not increased. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. * ** * ** * ** text break * ** * ** * ** B. DENSITY RATING SYSTEM: * ** * ** * ** text break * ** * ** * ** 1. The Density Rating System is applied in the following manner: * ** * ** * ** text break * ** * ** * ** e. All new residential zoning located within Districts, Subdistricts and Overlays identified above that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 1)Policy 5.1 of the Future Land Use Element. 2)The Urban Mixed Use District for the "vested" Port of the Islands development. 3)The Buckley Mixed Use Subdistrict. 4) The Commercial Mixed Use Subdistrict. 5) The Vanderbilt Beach /Collier Boulevard Commercial Subdistrict. 6) Livingston /Radio Road Commercial Infill Subdistrict. 7) Vanderbilt Beach Road Neighborhood Commercial Subdistrict. 8) The Bays hore /Gateway Triangle Redevelopment Overlay 2. Density Bonuses * ** * ** * ** text break * ** * ** * ** 4 1. Mixed Use Activity Center Subdistrict * ** * ** * ** text break * ** * ** * ** For residential -only development, if a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per grow acre may be permitted. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Coastal Fringe Subdistrict, the eligible density shall be limited to four dwelling units per acre, except as allowed by the density rating system and the Bayshore /Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a residential -only project located partially within and partially outside of an Activity Center, the density accumulated from the Activity Center portion of the project may be distributed throughout the project. Mixed -use developments - whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building - are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based upon the gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre, except as allowed by the Bayshore /Gateway Triangle Redevelopment Overlay. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict, eligible density shall be as allowed by that Subdistrict. For a project located partially within and partially outside of an Activity Center, and the portion within an Activity Center is developed as mixed use, some of the density accumulated from the Activity Center portion of the project may be distributed to that portion of the project located outside of the Activity Center. In order to promote compact and walkable mixed use projects, where the density from a mixed use project is distributed outside the Activity Center boundary: * ** * ** * ** text break * ** * ** * ** F. Bays h o re/Gateway Triangle Overlay The Bays ho re/G ateway Triangle Redevelopment Overlay, depicted on the Future Land Use Map, is within the boundaries of the Bayshore /Gateway Triangle Redevelopment Plan adopted by the Board of County Commissioners on June 13, 2000. The intent of the redevelopment 5 program is to encourage the revitalization of the Bayshore /Gateway Triangle Redevelopment Area by providing incentives that will encourage the private sector to invest in this urban area. This Overlay allows for additional neighborhood commercial uses and higher residential densities that will promote the assembly of property, or joint ventures between property owners, while providing interconnections between properties and neighborhoods. The intent of this Overlay is to allow for more intense development in an urban area where urban services are available. One or mGm Two zoning overlays have been will be adopted into the Collier County Land Development Code to aid in the implementation of this Overlay. The following provisions and restrictions apply to this Overlay: Mixed -Use Development: Mix of residential and commercial uses are permitted. For such development, commercial uses are limited to C -1 through C -3 zoning district uses; hotel /motel use; theatrical producers (except motion picture), bands, orchestras, and entertainers; and, uses as may be allowed by applicable FLUE Policies. Mixed -use projects will be pedestrian oriented and are encouraged to provide access (vehicular, pedestrian, bicycle) to nearby residential areas. The intent is to encourage pedestrian use of the commercial area and to provide opportunity for nearby residents to access these commercial uses without traveling onto major roadways. Parking facilities are encouraged to be located in the rear of the buildings with the buildings oriented closer to the major roadway to promote traditional urban development. 2. Residential uses are allowed within this Overlay. Permitted density shall be as determined through application of the Density Rating System, and applicable FLUE Policies, except as provided below and except as may be limited by a zoning overlay. 3. Non - residential /non - commercial uses allowed within this Overlay include essential services; parks, recreation and open space uses; water - dependent and water - related uses; child care centers; community facility uses; safety service facilities; and utility and communication facilities. 4. Properties with access to US -41 East and /or Bayshore Drive and /or Davis Boulevard (SR 84) and /or Airport - Pulling Road are allowed a maximum density of 12 residential units per acre. In order to be eligible for this higher density, the project must be integrated into a mixed -use development with access to existing neighborhoods and adjoining commercial properties and comply with the standards identified in Paragraph #8, below, except for mixed use projects developed within the "mini triangle" catalyst project site as identified on the Bayshore /Gateway Triangle Redevelopment Overlay Map. The "mini triangle" project site is eligible for the maximum density of 12 units per acre, with development standards as contained in the Gateway Triangle Mixed Use District zoning overlay, adopted February 28, 2006 (Ordinance No. 06 -08), and amended December 14, 2006 (Ordinance No. 06 -63), and as may be-amended. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE Policies, except as may be limited by a future zoning overlay. 0 5. _Properties having frontage on one or more of Bayshore Drive, Davis Boulevard, Airport - Pulling Road or US 41 East, are allowed to develop as a residential -only project at a maximum density of 8 residential units per acre. In order to be eligible for this higher density the development must comply with the following: a. Project must be in the form of a PUD. b site must comprise a minimum of three acres. c. For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and applicable FLUE POIICIPS_ 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraph 5, above. In either instance, the development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code whichever is applicable, shall apply to all new development. A zEminn n„erlay may he developed for these properties within the Mixed Use AGtivity center to provide speGifiG- development sta Rdards 7. Existing zoning districts for some properties within the Bayshore /Gateway Triangle Redevelopment Overlay allow uses, densities and development standards that are inconsistent with the uses, densities and development standards allowed within this Overlay. These properties are allowed to develop and redevelop in accordance with their existing zoning until such time as a zoning overlay is adopted which may limit such uses, densities and development standards. 8. To qualify for 12 dwelling units per acre, as provided for in paragraphs #4 and #5 above, mixed use projects within the Bays hore %Gateway Triangle Redevelopment Overlay must comply with the fellew-iag- d! esign standards of the Bayshore Drive Mixed Use Overlav District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable. e For mixed use buildings, nnmmerrinl uses are permitted on the first + stories only. 9. For density bonuses provided for in paragraphs #4 and #5 above, base density shall be as per the underlying zoning district. The maximum density of 12 or 8 units per acre shall be calculated based upon total project acreage. The bonus density allocation is calculated by deducting the base density of the underlying zoning classification from the maximum density being sought. The difference in units per acre determines the bonus density allocation requested for the project. X10. For all properties outside of the Coastal High Hazard Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligible density provided herein. However, for properties within the Coastal High Hazard Area (CHHA), only the affordable- workforce housing density bonus, as provided in the Density Rating System, is allowed in addition to the eligible density provided herein. For all properties, the maximum density allowed is that specified under Density Conditions in the Density Rating System. 49- 11. A maximum of 388 dwelling units are permitted to be utilized in this Overlay for density bonuses, as provided in paragraphs #4 and #5 above, for that portion of the Overlay lying within the CHHA only. This 388 dwelling unit density bonus pool corresponds with the number of dwelling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanical Gardens PUD. The "mini triangle" catalyst project is not subject to this density bonus pool. 44-. 12. The Botanical Garden, Inc. properties located in Section 23, Township 50 South, Range 25 East, and shown on the Bayshore /Gateway Triangle Redevelopment Overlay Map, shall be limited to non - residential uses except for caretaker, dormitory, and other housing integrally related to the Botanical Garden or other institutional and /or recreational open space uses. il� // EXHIBIT "A" 4.02.16 m Design Standards for Development in the BMUD—Neighborhood Commercial Subdistrict 0 Dimensional Standards. Table 11. Design Standards for the BMUD Neighborhood Commercial Subdistrict. Site Development Standards Front yard setback 5 feet 1. The front set back shall also apply to any new buildings in the C -1 through C -3 zoning districts which underlay the BMUD Neighborhood Commercial Subdistrict. 2. Properties developed in conformance with underlying C -4 and C -5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. Side yards — abutting 15 feet residential Side yards —All other 5 feet 20 feet Rear yard 25 feet Waterfront14 Building Standards Building Design 1. Building facades facing the intersecting east -west streets with Bayshore Dr. shall have the same architectural design treatment as the building facade facing Bayshore Drive. 2. Buildings containing commercial or residential uses are required to have a minimum depth of 35 feet. The remaining depth of the lot may be used for parking. A building with commercial use only is limited to a maximum building foot print of 20,000 square feet. Maximum square footage 700 square foot gross floor area for each unit, residential or commercial Minimum floor area Maximum.height Commercial use only: 42 feet, not to exceed 3 stories Maximum height of buildings. Residential use only: 42 feet, not to exceed 3 stories Maximum height of buildings. 56 feet, not to exceed 4 stories. Only the first two floors shall be used for commercial uses. Mixed -use: Residential on top of commercial uses. Maximum height of buildings. Hotel /motel 56 feet, not to exceed 4 stories Maximum height of buildings. The maximum building height of properties developed in conformance with underlying C -4 and C -5 zoning classifications shall be as required by section 4.02.01 A. Table 2. Ceiling height The first floor ceiling shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only. Maximum residential density 112 units per acre for mixed use projects. 1 EXHIBIT "p," 4.02.35 - Design Standards for Development in the GTMUD-Mixed Use Subdistrict (MXD).a.z Fa Dimensional Standards. Table 1. Design Standards for the GTMUD Mixed Use Subdistrict Site development standards for Mixed Use Projects on Davis 13oulevara lsourn slue, w I MY 'T I, H11 r.. I I -• 5 �-- and Commercial Drive Front streescape zone for 16 feet measured from back of curb into front yard, which includes existing sidewalk area. new construction See GTMUD Figure 1 1. If no curb exists, as on Commercial Drive, the front streetscape zone shall begin a minimum of 6.5 feet from the front property line into the right -of -way. 2. The front streetscape zone shall also apply to any new buildings or structures in the C- 1 through C -3 Zoning Districts which underlay the GTMUD Mixed Use Subdistrict. 3. Properties developed in conformance with the underlying C -4 and C -5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. 4. Steps and or ramps may encroach into the streetscape zone but no more than 3 feet. Front yard set back Sixteen feet measured from back of curb. If no curb exists as on Commercial Drive the front yard set back shall be a minimum of 6.5 feet from the front property line into the property. 1. The front yard setback shall also apply to any new buildings in the C -1 through C•3 zoning districts which underlay the GTMUD Mixed Use Subdistrict. 2. Properties developed in conformance with the underlying C -4 and C -5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. F A minimum 10 -foot step =back from the front facade on the first and second stories is quired at the third story and above. Site Development Standards for mixed use projects for other streets Front setback 10 feet 1. The front setback shall also apply to any new buildings in the C -1 through C -3 zoning districts which underlay the GTMUD Mixed Use Subdistrict. 2. Properties developed in conformance with the underlying C -4 and C -5 zoning classifications are restricted to building setbacks per section 4.02.01 A. Table 2.1. 3. A minimum 10 feet step -back from the front facade is required at the third floor and above. Side yards— Abutting residential 10 feet 10 feet minimum Side yards —All other 5 feet Rear vard fact cafihark •n 2 18 Outdoors seating areas, canal walkway, water management facilities, and landscaping area may be located within the required setback. EXHIBIT "A" Dimensional standards: Minimum floor area 700 square foot gross floor area for each unit, residential and commercial. Minimum building separation 10 feet Minimum lot area 80,000 square feet Minimum lot width 400 feet Building footprint A building with commercial use only is limited to a maximum building footprint of 20,000 square feet, except in the "Mini Triangle ", defined by US 41 East, Davis Boulevard and Commercial Drive, where the maximum limit is 30,000 square feet Maximum height Commercial use only: Maximum height of buildings Residential use only: Maximum height of buildings. IMixed -use: Residential on top of commercial uses. Maximum height of ,uildings. Hotel /motel "Mini Triangle" Mixed Use Project. Maximum height of buildings Maximum height of buildings. Mixed use building uses Ceiling height Maximum density 42 feet, not to exceed 3 stories 42 feet, not to exceed 3 stories 56 feet, not to exceed 4 stories. 56 feet, not to exceed 4 stories 112 feet, not to exceed 8 stories. The maximum building height of properties developed in conformance with underlying C- 4 and C -5 zoning classifications shall be as required by section 4.02.01 A. Table 2. Only first two floors can be used for commercial uses. The first floor ceiling shall be no less than 12 feet and no more than 18 feet in height from the finished floor to the finished ceiling and shall be limited to commercial uses only. 1. For a mixed use project, 12 units per acre in the "Mini Triangle," defined by US 41 East, Davis Boulevard and Commercial Drive. These bonus density units are not deducted from the Bonus Density Pool. 2. For a mixed use project, 12 units per acre to include all areas of the Mixed Use Subdistrict except: • North side of Davis Boulevard • East side of Airport - Pulling Road For these excepted areas, three units per acre, or as may be allowed by a rezoning pursuant to the Future Land Use Element. 3. Residential only projects (not part of a mixed use development), per the underlying zoning district, or as may be allowed by a rezoning pursuant to the Future Land Use Element. 3 EXHIBIT "B" `� � - ■ nnnm `�. � X11111 ■IIr11■ :C :i -� Mr. y .y ■..11 mill" t�l` +%�►4 r s- +r� .mc�ll!!r�- I Ills I!':IIB= 1*C;'� �s1. �li�i�i>!��. <I� `•'a a'�%�tr r u` �al lll�lll,ll I'11n'illlua[ �, �' IE ( ■INiI IIIITj� 11 YNYIW6'rl11� ��l■1� �p rLB1Il I II� CIlllm - � I II�I � 11.. IiIi I lIi_ fil_ Y i C IIIIICC N�M 11 111 11111111IO11�� IYYi 111 1■Y'RNII nn I I�'Ilft /% /' Mill `� �� .� 1■: 1111 \►°„ Sli 'All WIWI —'� tlflf37MNII1MI11ffINM "�� . .3' '� ��♦ �� nu111 n _ � �.w.��♦q��, � I� • '�:.'wsr�A` •sue ■■ - �r \��r.� ` � . Ca ri'uwra,. mull) a ° = i ��II.. ►�i ,,, ,�/ � � . � unw t, III II ■� ° _= ��p, �!• � _ /L,ur1.u1! OIIWIl4LYii�111r � =; =� == == '' %'•,, S�� M1IMMM nul -amp 1�,�(nmwuwmwuu►. -7��f1 1111111711%1GIDI11 %E. %JI! N .1 ®LRi IIIIIUIL�7:IIII1 , _ � `1�u�1 mulummnnul� - t` —.�� 1 Puununumm�l,. � _�IIIIIIIIIrIIII Ialot� ''� 1�/ X1111111111 �, 111 ■unMllr,� .; - �Ic31[i� �♦�� 4y1, =�A� :IIWmm�nI1W�N1 �- : • • . - isurlmluu � nnunnnnnmmmn� � i�a� t MNNIIIIIIINIIIINIII€ � (1111 1/1111111 � \ \\ Mao wi Ma UNNINNIIIIINNNi� — I�IININMrINII � � C11m111n11n 11mm ®r .uun, :I�IIWnW euuuui M1111nnlll :IIIIUIIWIlW1UUIlI IIIOIIIIIIIIIUnmml_ - -'1 �w we RESOLUTION NO. 2000- 82 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO COMMUNITY REDEVELOPMENT; MAKING FINDINGS; FINDING BLIGHTED AREAS EXIST IN THE COUNTY; FINDING THE REHABILITATION, CONSERVATION OR REDEVELOPMENT OF SUCH AREAS IS NECESSARY IN THE PUBLIC INTEREST; FINDING A SPECIFIED AREA TO BE A BLIGHTED AREA AND A COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR CONFLICT WITH OTHER RESOLUTIONS AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has received and considered a report and presentation by County staff and consultant which identified conditions within the boundaries of Collier County in the areas identified, described and depicted on Exhibit "A" attached hereto and made a part of this resolution (the "Area "); and WHEREAS, after having considered the determinations and the facts and evidence of conditions in the Area and has received and considered such other evidence of the conditions in the Area as have been presented to it, the Board of County Commissioners desires to proceed in accordance with the authorization and powers granted by Part III, Chapter 163, Florida Statutes, to establish the necessary means by which redevelopment can be accomplished in the Area and that certain actions are essary and should be taken to address the conditions now present appropriate and nec and expected to be present in the Area; NOW THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS FOLLOWS: Section 1 - Findings The Board of County Commissioners does hereby find: (a) Based upon the facts and evidence presented to and considered by the Board of County Commissioners, the following conditions exist in the Area: 1. Conditions are present in the Area that are detrimental to the sound growth of the county and which substantially impair or arrest the growth within the 6 W- 12 C 1 Area, and present conditions and uses in the Area are detrimental to the public health, safety, morals and public welfare; and 2. There is a predominance of inadequate or defective street layout; and 3. There is faulty and inadequate lot layout in relation to size, adequacy, accessibility, or usefulness; and 4. There are unsanitary conditions as such relates to the conditions of the sanitary system and there are unpaved and deteriorating roadways resulting in unsafe public conditions; and 5. There has been a deterioration of site and other improvements; and 6. There is a diversity of ownership or defective or unusual conditions of title, which prevent the free alienability of land. (b) The notices required by Section 163.346, Florida Statutes (1999), have been timely published or mailed in accordance with said statute. (c) Action must be taken immediately to prevent further blight and deterioration and to protect and enhance public expenditures previously made in the Area. Section 2. Finding of Necessity. The Board of County Commissioners, based upon evidence presented to it and in the public record, does hereby find that one or more "blighted areas" (as defined in Section 163.340(8), Florida Statutes), exist within Collier County, Florida, and, further finds that the rehabilitation, conservation or redevelopment, or a combination thereof, of such area or areas described is necessary in the interest of the public health, safety, morals or welfare of the residents of Collier County, Florida. Section 3. Communitx Redevelopment, ,M. Based upon the facts presented to it and contained in the public record, the Board of County Commissioners does hereby find the Area (as hereinbefore, defined) is a "blighted area" (as that term is defined in Section 163.340(8), Florida Statutes (1999), and that such area constitutes a 12 C "community redevelopment area" as defined in Section 163.34-000), Florida Statutes (1999). Section 4. ont1icts. All resolutions and parts of resolutions in conflict with any of the provisions of this resolution are hereby repealed, provided, however, nothing herein is intended nor should be applied to affect, repeal, alter, amend or supersede any previous resolutions adopted by the Board of County Commissioners finding any other area or areas within Collier County to be a "blighted area" for purposes of the Community Redevelopment Act. Section 5. a er v. If any section or portion of a section of this resolution, including any part of the exhibit, proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalldats or impair the validity, force, or effect of any other section or part of this resolution. Should either area constituting part of the Area or part thereof shall be severed from the Area and the remainder shall constitute the Area for purposes of this resolultion. section 6. Effeaiv D te• This resolution shall become effective immediately upon its passage and adoption. Section 7. ,,� This Resolution adopted after motion, second and majority vote this r day of 2000. ATTEST: DWIGHT 6. BROCK. CLERK S i �qat are oil I 1 BOARD OF COUNTY COMMISSIONERS COLLIER C ORIDA BY: _� .. o� TIMO T CONS TA E, C RI A APPROVED AS TO FORM AND LEGAL SUFFICIENCY David C. Weigel County Attorney 12 C 1 EXHIBIT A BAYSHOREIGATEWAY TRIANGLE REDEVELOPMENT AREA DESCRIPTION BEG SW CNR SECT 2, TWP 50, RNG 25, N 630', E 662', S 427'+ E 200', SUNSET SUB, E TO THE RIW LINE OF BROOKSIDE DRIVE, S TO THE SW CNR OF LOT 10, ROCK CREEK SE CNR OF LOT 6, SUNSET NR OF LOT 10, BLK B, ROCK CREEK PAR��E TO THE E SECT LINE PARK, N TO THE NW CNR 25,E 670', S 773 SECT 2, TWP 50, RNG 25, S TO THE NW CNR OF SECT 12, TWP 50, ' NWLY 523', W 95', W 200', S 735', W 200', S 990', E 4x60', S 330', E 972', S 1174', SWLY 481'. SWLY 730' TO THE NELY R/W LINE U U.S. 41, TO �S WLY TO CT WIwH THE LIEN LINE OF NWLY ALG THE SWLY RIE�1 LINO O BAYSHORE DRIVE, ' N 1355' W TO THE W S TO THE N R!W LINE ®F WEEKS AVE, W a61 , , LINE OF PINE STREET, N TO THE SE Ids NWLY T WKY , INOM Y /W LINE 00'' N T® THE NR1V11 ®F WASHINGTON A WASHINGTON AVE TO THE SWECCNNR� ®g COC LEE N ®R `AIDE SUB, W TO THE W G 25 LINE OF FREDRICK ST, N TO N LINE OF SECT 11, TWP 50, RNG 25, N TO THE SW SECT CNR OF SECT 2, TWP 50, RN AND THE POB. AND BEG SE CNR SECT 23, TWP 50, RNG 25, N ALG THE E SECT LINES OF SECT 23 AND 14, CREWS TWP SUB 50, RNG TO E' CNR DEMAN� THE SE CNR LOT CREEK, E TO THE SWLYR/W LINE OF U.S. U.S.41, NWLY SUES, N TO THE E S LINE O OF HA L ALG THE SWLY R/W LINE TH OF E U.S. 41 TO ITS INTSECT WITH THE W RAN LINE OF WEEKS AVE, W 761', N13551 W TO THE W SAYSHORE DRIVE S TO LINE OF MANGROVE STREET, W TO THE N R!W LINE OF PINE STREET, S TO THE S RAN CNR LOT 14, BLK F, HALDEIIJIAL EMAN CREEK TO ITS EINTSEC OF WITH THE W SECT LINE OF SWLY ALG THE N LINE OF HA SECT 14, TWP 50, RNG 25, S ALG 50 RNG 25, E TO THE SE CNR OF SECT 23, TWP 50, TO THE SW CNR OF SECT 23, P RNG 25 AND THE POB. BA YSI' W / 6A TEWA M TR/aNrj F Pawmet nucwr Amm& EXHIBIT "D" COMMUNICATIONS PE�sHORE /GATE INQUIRES TRIANGLE REDEVELOPMENT OVERLAY AMD PROVISION OF THE BA ELIGIBLE RESIDENTIAL DENSITY. ,E-JNfi\ ACTIVITY CE NTER #I 1997 -2007 October 11, 2007 David Weeks, AICP Planning Manager Growth Management Plan Services Team Collier County Government Development Services Center 2800 North Horseshoe Drive Naples, FL 34104 RE; McKay pl- opertry, Folio Numbers 61842240009, and 826 31240001 Gateway Mixed Use Overlay Distrid Dear Mr, Weeks: I all] sending you this letter pursuant to our discussion last week about the Gateway Mixed Use Overlay District (GTMUD), and more specifically the property owned by Dan McICay, which falls within Activity Center 416. If you recall, based on your preliminary assessment of the Mixed Use Activity Center Subdistrict section of the Growth Management Plan (GMP), you opined that the McKay property might be limited to a maximum density of four units per acre if developed as a mixed -use development. The language pertaining to mixed -use developments is provided below. "Mixed -use developments — whether consisting of residential units located above commercial uses, in an attached building, or in a freestanding building —are allowed and encouraged within Mixed Use Activity Centers. Density for such a project is calculated based on gross project acreage within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwelling units per acre. If such a project is located within the boundaries of the Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acres. If such a project..... Upon close review of the Mixed Use Activity Center Subdistrict, we concur that the language included above does indicate a limit of density to four units per acre. However, we respectfully submit that this language is contrary to the GTMUD intent (anti in Planning a Visualization a Civil Engineering ^ Surveying ^ Mapping 1542 Carson Street, Fort Myers, Florida '390 I - (239) 218 -5224, fax: (239) ?_78.5419 rrmvxansub•rwaxom RWA `. tile con with the specific GMP� language gi;tent Weobelieve that the density rlimitation may GTMUD), and thus the Board's Y either result from a scriveners error or is the unintended consequence of conflicting language in the Growth Management Plan. an In order to fully asses this density issue, ions ay Triangle Reclelve Managernent o1n lent Ovel ay, must be carefirlly reviewed: the Bas ore/Gate and the Urban Convnercial District, which includes the Mixed Use Activity Center Subdistrict. The Bayshore /Gateway Triangle Redevelopment to allow hi Overlay er densities nd additional commercial n states that the intent of this overlay is uses to promote redevelopment of the area. "The intent of the redevelopmer Redevelopment Area by�provid ing incentives that tw1 will Bayshore /Gateway Triangle Rec I encourage the private sector to invest in this urban area. This overlay allows for additional neighborhood commercial commercial uses anti higher residential densities that will promote the assembly of orj ventures neighborhoods. property while promote the assembly of proper tym t esa d The intent of this providing interconnections betwe e1I ap Overlay is to allow for more intense development in an urban area where urban services are available." Sections 4 and 5 of this overlay fiuthoo� density that of 12 properties itslper acre if the Project is and Bayshore Drive are allowed a maximum developed as a mixed -use project and rB� Shore Di ve are i z t]e criteria Coastal High Ilazarcl e noted that all properties wth acces �' Area and within the Urban Coast 1erlAdditionally, alj PA are access tolUS -41, maxrrlj.um clensity of 12 units per with the exception of the Collier County GOverj Fringe Subdistrict. within All of these IA ancj many of them are also vvitivn the properties are allowed a maximum density of 12 units per acre, except the ones that are within Mixed Use Activity Center 416. Section 6 specifically states that Activity eel by tile Mixed Use ActrvityyCenter Subdist ct. the GTMUD, will continue to beg Y This subdistrict typically allows densities ecl this special treatmente1Basecl on the intent of the why was Activity Center 416 afford GTMUD and the intent behind the oer�`�ivit11CenteA 16 was o Centers, allow densities ai�lel t assume that the specific treatment Y equal to, if not greater than otherwise allowed throughout tie rest of the GTMUD. As you laiow, Activity Centers e identified the intersecti011 Of to areas rfor greater rdensiti s and introduced because they w intensities. Additionally, the Mixed Use Activity Center Subdistrict allows a maximum Desicpling the future one dec'icn nna a. RWA for residential - only projects unless located within in the Urban of 16 units per acre i Residential Fringe Subdistrict or tile Lm vof Coastal 2 tits peFringe r' )ublt should be notedtthat the GTMUT limits densities to a maim limitation in no way pertains to the CIIIIA. For residential -only development, if a project i lo �e Ultban the Resiclentiall Frin e 1 Mixed Use Activity Center which u not within Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per grow i acre maybe permitted. If such a 19ro eet is loeatecl within the boundaries i Subdistrict. of a Mixe e Use Activit Center which is tivithin the Urban CoaWallc erexce t a a lowstbe eligible clensity shall be limited to four cl�wellina units per density rating system. If such a project within °th el Urban the Residential boundaries Fringe I Mixed Use Activity Center which is Subdistrict, eligible density shall be Within and pa ti llytoutsidesof n Activity residential -only project located partially i Center, the density accunnllated from the Activity Center portion of the protect may i be distributed throughout the prole For mixed -use developments, however, the density limit applies o ,Ir within Urban e Subdistrict and within the CIII 1 s st different than tile Residential Fring residential -only restriction in that it references tl erc�11� because it results nt Activity tat Fringe Subdistrict. This discrepancy is', cry srg Center #16 being singled out as the only area within the GTMUD with access to either Bayshore or US -41 that is limited to f ihets per Coastal Fringe lge Subcl strict,ancludingrhe within Activity Center #16, Ol1tS1dC 0 McKay property, would be allowed a maximum density of 16 units per acre. In further support of this argument, it should lilable in additio 11 to tile eligible density explicitly state that density bonuses are only tile Pr within the GTMUD, and that for is operti obtained. This li s clearly O demonstrates affordable- world housing density an intent to allow densities n eater' tlnanfihe 3 i3 units available va table in the clensty pool �can tton 10 of the subdistrict makes it clear that only be used for properties with access to B� lsUse ActivityrCen Center language that limits CHHA. This is m strict contrast to the Mixed density in the CHIIA. Further, this density s ill be tranle CIIIIA will oleetuy yen with onie from CIIIIA, and this no overall increase m density higher densities on specific parcels. As outlined eCIII -IA; and lshall be used exclusively the botanical gardens property located within tl within the CHHA. (��) 9, For all properties outside of the Coastal IIigln I-Iazarcl Area, any eligible density bonuses, as provided in the Density Rating System, are in addition to the eligibleldensity r�Z�l�( reat(CIIIIA),,o ly the properties within the Coast g affordable - workforce housing density bonus, as prodded in —the Designing the future one decade at a time. r'nor_19i RMNC. i i Density Rating System, is allowed in addition to the eligible density j provided herein. For all .plop 1't col Conditions in the cDensity�Rating is that specified under Density I System. (XV) 10. A maximum of 3SS cl `eho lgitses units as lnovided i nparaer�aphs 44 land this overlay for density 45 above, for that portion 0 tlenoi} lioyr sll ool'correspon is with only. This 38� dwelling the number of cl�velling units previously entitled to the botanical gardens sites prior to their rezone in 2003 to establish the Naples Botanic' Ed Gardens PUD. The "mini triangle" catalyst project is not i subject to this density bonus pool. (XV) 11. The Botanical Garden, Inc. properties located in Section 23, Township SO South, Rarlge 25 Bast, and shown on the Bayshore /Gateway Triangle Rec for caretaker, dormitory, and Iilllitecl to non - residential uses except egrally related to the Botanical Garden or other Other housing int institutional and /or recr•eatl0llal open space USES. In summary, eve believe that the intent of the GTMUD was never to limit the density of mixed -use developments within Activity Center #16, below and t e fact that of 12 units per acre. To the contrary, evideucCe1i 1r#f16 cao achieve densities up to 16 residential -only projects within Activity c and units per acre and projects along Bayiecluced densities. are allowed up to 12 units Per acre, do not support all argument for Mixed While we understand that your opinion is based tl�it there are discrepancies 1pa cies with l th Activity I Center language, 31011 can eertlinly apprecra Growth Management Plan That coo Sri di ct on as to ho�v we can resolve this conflict. recognition of this, we request } I It is my understanding clarification as s part'of: the public 1petition process at a regularly 1. Request c scheduled BGCC meeting; or, 2, Staff recognizing the GMP conflicts outlined above, could bring the matter before the Board for policy clarification. irector could either t-is issue Comprehensive Palming Staff or the before the Board.); or, 3. Request an official interpretation r lai staff however arsei111therGMP,tbut we staff is constrained to interpret assume staff would highlight inconsistencies and discrepancies outlined above Designing the future one decade ata❑ e. MA,C. In closing, we tllanlc you in advance for yours consideration 1 �e t (239)1396 2016. this matter, Should you have any questions, Plea Sincerel Patrick ,masse, AICP Planning Manager Cc; Robert Mulhere David Jackson Designing the MUM one decade cit a time ;cl0oEl ® je��ard�nJ From: JacksonDavid Sent: Wednesday, May 23, 2012 9:13 PM To: jourdan_j Subject: FW: McKay Property - Gateway Mixed Use Overlay District Letter David Jackson Executive Director Bayshore /Gateway Triangle CRA Bayshore Beautification MSTU Haldeman Creek Dredge MSTU - - - -- original Message---- - From: jourdan_j Sent: Tuesday, October 16, 2007 9:34 AM To: Jacl<sonDavid Subject: RE: McKay Property - Gateway Mixed Use Overlay District Letter It appears that David Weeks has made his position clear and that it is not in their -favor. If they request and interpretation it will not be favorable because he says they will have to make an appeal before the Board of Zoning Appeals. I guess the quickest way to cut to; the chase would be a public pe'ti'tion to the BCC. - - - -- Original Message---- - From: JacksonDavid Sent: Monday, October 15, 2007 8:56 AM To: jourdan_j Subject: FW: McKay Property - Gateway Mixed Use Overlay District Letter Let's talk David Jackson Executive Director Bayshore Gateway Triangle CRA 239 -643 -1115 www.colliercra.com - - - -- Original Message---- - From: Robert Mulhere [mailto:rjm @consult- rwa.com] Sent: Monday, October 15, 2007 7:34 AM To: weel<s_d; Betsy Samz; Patrick Vanasse Cc: djmcl<ay @sbcglobal.ne't; JacksonDavid Subject: RE: McKay Property - Gateway Mixed Use Overlay District Letter David, what is you position on 'this? Would you consider having it clarified by 'the BCC? - - - -- Original Message---- - From: weel<s_d [ nail -to:DavidWeel<s @colliergov. net] Sent: Friday, October 12, 2007 6:54 PM To: Betsy Samz; Patrick Vanasse Cc: djmcl<ay @sbcglobal.ne't; JacksonDavid; Robert Mulhere; CohenRandall Subject: RE: McKay Property - Gateway Mixed Use Overlay Dis'tric't Letter 1 Patrick, In response to your request at end of your letter, since the issue is one of regulatory interpretation, I believe -there are only 'two options: file a Bequest for Interpretation, which is subject to Appeal 'to -the Board of Zoning Appeals; or -file a rezone or MUP petition, either of which would be subject -to BCC or B7-A review at public hearing. Either of these two options would, unless sta-r-f's interpretation is in your -favor, result in -the issue coming before the BCC to take official action upon it. It is not my understanding that the BCC has authority to make an interpretation of 'the GMP and /or LDC via a public petition or staff discussion item. David Weeks, AICP, Planning Manager Collier County Government Community Development: & Environmental Services Division Comprehensive Planning Department 2800 North Horseshoe Drive Naples, FL 34104 phone: 239 -403 -2306 fax: 239 - 213 -2946 email: davidweeks0collieraov.net < mailto :davidweeksocollieraov.net> website: www.colliergov.net <htta: / /www.colliergov.net /> From: Betsy Samz [mail-to:bms @consult- rwa.comj Sent: Thursday, October 11, 2007 1:56 PM To: weeks _d Cc: djmcl<ay @sbcglobal..net; JacksonDavid; Bob Mulhere; Patrick Vanasse Subject: McKay Property - Gateway Mixed Use Overlay District Letter Mr. Weeks, Attached is the letter regarding McKay Property, Folio Numbers 61842240009, and 82641240001 � ateway Mixed Use Overlay District. Should you have questions or continents please feel free i co contact Patrick at anytime. i Thank you and have a great afternoon. Betsy Samz Planning Coordinator RWA, Inc. 1542 Carson Street Fort Myers, FL 3390:1 (239) 273 -5224 phone (239) 273 -5419 -Fax www.consult- ma.com <http:t/www._consult--rw—@—.c—O—mL> Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response -to a public records request, do not send electronic mail to this entity. instead, contact -this o-F-Fice by telephone or in writing. 3 jourdan From: Jacl<sonDavid Sent: Wednesday, May 23, 2012 9:12 PM To: jourdanj Subject: FW: McKay Property - Gateway Mixed Use Overlay District Letter David Jackson Executive Director Bayshore /Gateway'Triangle CRA Bayshore Beautification MSTU Haldeman Creek Dredge MSTU Prom: weeks d Sent: Friday, October 19, 2007 3:55 PM To: Bob Mulhere; Betsy Samz; Patrick Vanasse Cc: djmcl<ay @sbcglobal.net; JacksonDavid Subject: RE: Mcl<ay Property - Gateway Mixed Use Overlay District Letter Bob, I stand by my response below - the only processes I know of for BCC /BZA to "clarify" this Is via 01 Appeal or MUP /RZ. David Weeks, AICP, Planning Manager Collier County Government Community Development & Znvironmental Services Division Comprehensive Planning Department 2800 North Horseshoe Drive Naples, FL 34104 phone: 239 - 403 -2306 fax: 239 -213 -2946 email: davidweeks @colliergov.net website: www.colliergov.net - - - -- Original Message---- - From: Robert Mulhere [mailto:rjm @consult- rwa.com] Sent: Monday, October 15, 2007 7:34 AM To: weeks d; Betsy Samz; Patrick Vanasse Cc: djmcltay @sbcglobal.net; JacksonDavid Subject: RE: McKay Property - Gateway Mixed Use Overlay District Letter David, what is you position on this? Would you consider having it clarified by the BCC? - - - -- Original Message ----- Trom: weeks d [ mailto :DavidWeeks @colliergov.net] Sent: Friday, October 12, 2007 6:54 PM To: Betsy Samz; Patrick Vanasse Cc: djmckay @sbcglobal.net; JacksonDavid; Robert Mulhere; CohenRandall Subject: RE: McKay Property - Gateway Mixed Use Overlay District Letter I Patrick, In response to your request at end of your letter, since the issue is one of regulatory interpretation, I believe there are only two options: file a Request for Interpretation, which is subject to Appeal to the Board of Zoning Appeals; or file a rezone or MUP petition, either of which would be subject to BCC or BZA review at public hearing. Either of these two options would, unless staff's interpretation is in your favor, result in the issue coming before the BCC to take official action upon it. It is not my understanding that the BCC has authority to make an interpretation of the GMP and /or LDC via a public petition or staff discussion item. David Weeks, AICP, Planning Manager Collier County Government Community Development & Environmental Services Division Comprehensive Planning Department 2800 North Horseshoe Drive Naples, FL 34104 phone: 239 - 403 -2306 fax: 239 - 213 -2946 email: davidweeks @colliergov.net <mailto :davidweeks @colliergov.net> website: www.colliergov.net <http: / /www.colliergov.net /> From: Betsy Samz [mailto:bms @consult- rwa.com] Sent: Thursday, October 11, 2007 1:56 PM To: weeks _d Cc: djmckay @sbcglobal.net; JacksonDavid; Bob Mulhere; Patrick Vanasse Subject: McKay Property - Gateway Mixed Use Overlay District Letter Mr. Weeks, Attached is the letter regarding McKay Property, Folio Numbers 61842240009, and 82641240001 Gateway Mixed Use Overlay District. Should you have questions or comments please feel free to contact Patrick at anytime. Thank you and have a great afternoon. Betsy Samz 2 Planning Coordinator BWA, Inc. 1542 Carson Street Fort Myers, FL 3390I (239) 278-5224 phone (239) 278-5419 fax Under Florida Law, e-mail addresses are Public records. If You do not want your e-mail address released in response to a I)Ublir records request, do not selld electronic mail to this entity. Instead, contact this office by telephone or in writing. 3 | | / | | / PROPERTIES NORTH OF DAVIS BOULEVARD jotirolan, ' From: JacksonDavid Sent: Wednesday, May 23, 2012 8:21 PM To: jourdan_j Subject: FW: Brookside Marina David Jackson Executive Director Bayshore /Gateway Triangle CRA Bayshore Beautification MSTU Haldeman Creek Dredge MSTU From: DANFOXFIRE @aol.com [mailto:DANFOXFIRE @aol.coml Sent:: Wednesday, August 01, 2007 1:38 PM To: JacksonDavid Subject: Brookside Marina David, I am meeting with the Trustee for the Estate of Philip O'Connor tomorrow afternoon to discuss acquiring the marina property. It had been under contract until recently, but no longer is. Can you tell me if there is some means by which I can obtain the most recent changes to zoning that have been codified. Any overlays or other forms of information that would be helpful in understanding the development guidelines for the redevelopment area and mixed -use projects would be very helpful. If there is something else that you know of that would be helpful, please suggest it. I look forward to hearing from you, Dan Pioli .Daniel R. Ploli FP Real Estate Invesnents, LC 13461riaags Wray Naples, FL 34104 (239) 777 -1103 Get a sneak peek of the all -new AOL.com. Under r1oric)a Law, e-mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send eleclronic mail to this entity. Instead, contact this office by telephone or in writing, jourdanJ From: JacicsonDavid Sent: Wednesday, August 01, 2007 5:45 PM To: DANFOXFIRE @aol.com Cc: jourdan_j Subject: RE' Brookside Marina The map has been identified as "Incorrect" by the Comprehensive Planning Department, and will have the GTMUD -MXD designation and color coding removed during this LDC Amendment Cycle. The land north of Davis will be designated C -4 or C -5 as the current underlying zoning and developed under those standards — unless re- zoned. David Jackson Executive Director Bayshore Gateway Triangle CRA 239 - 643.1115 www.coiliercra.com From: DANFOXFIRE @aol.com [ma Hto : DAN FOXFIRE @aol.com] Sent: Wednesday, August 01, 2007 4:22 PM To: JacksonDavid Subject: Re: Brookside Marina In a message dated 8/1/2007 4:02:44 P.M. Eastern Daylight Time, DavIdJackson4coiliergov net writes: North of Da is Blvd property develops under C-4 zoning uses and design criteria in the Land Development Code. That portion of the CRA is not governed by the CRA's mixed use overlay. C-4 land doesn't carry any residential density. Chapter 2 (LDC) — 2.03.07 defines PUDs and uses and 2.04.00 details affordable housing bonuses that can be requested. Also densities are discussed (4 units minus one for CHHA). Chapter 4 (LDC) - 4.07.02 —10 acre PU D requirement. I believe you'll find language in the GMP that discusses re- zoning into mixed use. David Jackson Executive Director Bayshore Gateway Triangle CRA 239 -643 -1115 www,colliercre.com From: DANFOXF1RC @aol.com [maiito : DAN FOXFTRC @aol.com] Sent: Wednesday, August 01, 2007 1:38 PM To: JacksonDavid Subject: 6iIookside Marina David, I am meeting with the Trustee for the Estate of Philip O'Connor tomorrow afternoon to discuss acquiring the marina property. It had been under contract until recently, but no longer is. Can you tell me if there is some means by which I can obtain the most recent changes to zoning that have been codified. Any overlays or other forms of information that would be helpful in understanding the development guidelines for the redevelopment area and mixed -use projects would be very helpful. If there is something else that you know of that would be helpful, please suggest it. I look forward to hearing from you, Dan Pioli Daniel A Pioli FP Real Estate Investments, LC 1346 Kbigi prey Naples, FA 34104 (239) 777 -1103 Get a sneak peek of the all -new AOL.com. WOW, that was a surprise. The map in the CRA web site color codes all of that property as "GTMUD -MXD." I will say that the marina appears to lie outside the boundary of the area to which the mixed- use'overlay applies, but the color coding clearly indicates that it is mixed -use as well does the inserted classification code "GTMUD- MXD. ". Having said that, commercial use only diminishes the appeal of the site. I'll let you know what happens. r.0 ■.d Daniel R. Pioli FP Real Estate Investments, LC 1346 Kbigs Way Naples, FL 34104 (239) 7771103 Get a sneak peek of the all -new AOL.com. r To: JacksonDavid Subject: Re: Naples Gateway We have offers out on 2a, 2b, and 3. Not sure about Encore Bank but the rest of 4 is in the works. From: JacksonDavid <Davidlacicson @colliergov.net> To: Arno De Villiers <urbanvillagel @yahoo.com> Sent: Thu, December 31, 2009 11:18:39 AM Subject: RE: Naples Gateway Do you have signed purchase contracts? if so, on which ones? David Jackson Executive Director Bayshore Gateway Triangle CRA 239 -843 -1115 www.collier rrr%com From: Arno De Villiers [ mailto:urbanvillagel @yahoo.com] Sent: Thursday, December 31, 2009 11 :16 AM To: Jacl<sonDavid Subject: Fw: Naples Gateway - - - -- Forwarded Message - - -- From: Arno De Villiers <urbanvillagel @yahoo.com> To: joanna.spiess @windstream.net Cc: Carl Sperduti <csls02 @aol.com >; Mike McMaster <mmcmaster @cwm- corp.com >; Jerry Goldberg <jerrygoldberg2001 @yahoo,com> Sent: Thu, December 31, 2009 11:15:35 AM Subject: Naples Gateway Hi Joanna, I had asked Mike to re -send you the financials for phase -1 and the business plan. Hope all is now in order for the application. If not, or if there is any confusion, please let me know. Here is looking forward to the closing in January so we can close on the properties and continue with the permitting process. Happy new year to you and yours! thanks, Arno de Villiers under Florida Law, e-mail addresses are public records. If you do not want your e -malt address released in response to a public records request, do not send electronic malt to this entity. Instead, contact this office by telephone or in writing. jourdan j From: JacksonDavid Bent: Wednesday, May 23, 2012 8:37 PM To: jourdan_j Subject: FW: PUD Info Attachments: Document.pdf Arno project, and they were talking to the marina. David Jackson Executive Director Bayshore /Gateway Triangle CRA Bayshore Beautification MSTU Haldeman Creek Dredge MSTU From: JacksonDavid Sent: Thursday, December 31, 2009 2:48 PM To: Michael McMaster Cc: TroneSue; jourdan_j; LIT Subject: PUD Info Commercial Mixed Use Subdistrict — you may be able to down -zone from C -4 to C -3 uses and get some residential density. The PUD could be accomplished with less than 10 acres because it is an infill and /or in the urban coastal zone fringe area. You really should take with Jean Jourdan for a better interpretation. I would also consider acquiring the vacant 5 -acre lot next to Brookside Marina and Brookside Avenue. Liberty Bank has It out of bankruptcy and really wants to unload it - $2M for 5 acres. David Jackson Executive Director Sayshore Gateway Triangle CRA 239-643 -1115 www.coil!ercra.com From: Michael McMaster [mailto:mmcmaster @cwm- corp.com] Sent: Thursday, December 31, 2009 2:08 PM To: JacksonDavid; 'Arno De Villiers' Subject: RE: Goodyear Thanks for notification David. Goodyear land asking price is steep. The good news is the owners of parcels 2a, 2b and the marina are working with us and we hope to have signed contracts soon. Once we have these under contract at competitive pricing, we will hopefully be able to re- approach parcels 3 and Goodyear site with recent comps and lock these up as well. Have a safe and happy New Year! Mike 1 Michael McMaster, MBA Naples Urban Village, LLC Naples, Florida Phone: 239 -495 -6333 Fax: 888.226 -5855 Website: www.naplesurbanvillage.com This communication is a confidential and proprietary business communication. It is intended solely for tl7e use of the designated reclpient(s). Any review, retransmission, dissemiiration or other use of or tal(ing action in reliance upon this information by persons or entities other than the intended recipiena` is prohibited. If this communication is received in error, please contact the sender and delete this communication. From: Jacl<sonDavid [ mailto :DavidJackson @colliergov:net] Sent: Thursday, December 31, 2009 1:33 PM To: Arno De Villiers Cc: Mike McMaster Subject: Goodyear FOR SALE I ILEA SE .Mr„hlrq -111 �rrrerirallpr, a 1'Ohnibr �^:" 5 COodyraar Tim v v Fa>WlloR Oii Tamlanf1 Tralf Eaal R 4i _ C*mmaralaf Prlvo educed Price] ;� r 20a.ri TAMInms Trnlf East, Maplua PYtra: !: v1,,nPn t1 aara lift P 11 Lot 11m 1101 rdrr. -1 Rrrn , T•4rIMf1: C: +1 1. hp�r�11. . .. r. ..t .:.rt i. rp..d ^.y (-,*(I( Or 1001 r•r� •!• ,� Ri:111��r.r1•t TAiiF11 . i. . vown.1 if ToaW Qaunt. To n • rr rP ru" .1 • - r ,.. -,r .. u -11 tI ON .' r ''fir 7i'rf16(fil lrftlRh. J �fi r., ..,, r• n + ✓ • , � 1'11.'' Cr+Ya At' r.r t 11,1tt _..� •u., 'Cl David Jackson Executive Director Bayshore Gateway Triangle CRA 239.643.1115 www ciliercre,com From: Arno De Villiers [ mailto:urbanvillagei @yahoo.com] Sent:: Thursday, December 31, 2009 1:15 PM 2 EXHIBIT "E" May 17, 2012 MR. VANASSE: We were hoping to possibly come here today and look at all the highlighted areas and tools at those areas, were the correct changes, was it consistent with the discussion that we've had, and if the answer was yes, maybe get done today. CHAIRMAN STRAIN: I've got no problem going either way you guys want to go. But it's back to what some of the members here may not (sic) or may not have seen in regards to the new changes, so -- COMMISSIONER BROUGHAM: Well, my recollection of the meeting was that, Brad, you had most of the comments, my recollection, you know, regarding facades and cornices and heights and so forth and so on, which I believe, you know, have been incorporated in here and what we asked to be done, in other words, eliminate the boxes and all of that, because it was very confusing whether this was old language, new language, and so forth, that you did that. I mean, I can respect the fact that you'd like to complete today, but in view of the fact that Brad's comments, in my opinion, drove a lot of the revisions at the last meeting and Brad just received that, I would defer to the board. But if Brad's comfortable that everything that was discussed is in here, then -- and I've reviewed it, Karen says she's reviewed it, but I'll defer to Brad. If you would like to defer it Brad, so you can go back to your original notes, then I'm all for that, but -- COMMISSIONER SCHIFFER: I think we can do it. Let's ty to do it today. CHAIRMAN STRAIN: Okay. Why don't you walk through the changes that you've added, and I think it would be the highlighted text. CO14 t'111ISSIONER BROUGHAM: Right. C11kIRMAN STRAIN: We can move through. it starting with the first page and walls us through it then. MR. VANASSE: And if you'd like, what I'll do is I'll turn it over to Chris. CHAIRMAN STRAIN: One of you -- MR. VANASSE: Chris has been the author of most of this snuff, and I'll be here for support. CHAIRMAN STRAIN: Okay. MR. SCOTT: The first change is just for consistency sake. On Page 7, it is B, I, I, C, It is just to clarify -- there was a semi- conflict with the previous citation. But the table of uses -- (Mr. Midney is leaving the boardroom for the remainder of the meeting.) MR. VANASSE: That's hi the green sheet. MR. SCOTT: And this is on the green sheet -- basically a project can develop either under -- based on the uses allowed by the underlying zoning designation or by the uses allowed in the table. But hi either circumstances, they must comply with the site development standards. So we just wanted to clarify at the --or the following table of uses. CHAIRMAN STRAIN: okay. MR. SCOTT: And then that is also reflected in the headers above the table of uses. We wanted to reiterate that point on the table of uses so somebody didn't have to go back and read the text. And that is also in the gateway triangle mixed -use district, Section 4 -- or 2.03.07, which is shown on Pages 13 in the text and then in the header of the tables on 14, 15, and 16. So those are all very similar changes. CHAIRMAN STRAIN: Okay. Take us to the next one. MR. SCOTT: The next changes -- and these are going to be pretty redundant. But on the next -- when you get into Chapter 4.02.16, which is the design standards, it describes each of the overlay subdistricts. And within those it meant -- references the nlatimurn density allowed, We were trying to simplify it from what was previously shown to you and also make it -- the CRA is currently pursuhrg or exploring the potential to do an amendment to the Growth Management Plan. So -- and the densities that are allowed on a property are established in the GMP. So we just wanted to recognize the maximum density, 12 units per acre, and note that it's comprised of density allowed by the underlying zoning and any available density bonuses. Now, how those density bonuses played out are all set through the Growth Management Plan, so it was a little redundant to emphasize it here in the LDC. And in case of any future amendments to the GNP, we didn't want to create a potential for future inconsistencies. So this way if the GMP is amended in the future, this would still remain consistent. The maximum density is t2, but it can be comprised of bonus densities in the underlying density. Page 90 of 95 May 17, 2012 CH4TRNIAN STRAIN: But if --- you cant then increase the GMP above 12 without having to rechange the LDC. MR. VANASSE: Exactly. MR. SCOTT: Correct. CHAIRMAN STRAIN: Okay. MR. SCOTT: So the 12 units would apply to the B'VIUD, neighborhood commercial, the BMUD waterfi-ont subdistricts, the other BINRM residential subdistricts. We just added "and any available density bonus" because the GMP does allow for some density bonuses within those subdistricts -- or within the Bayshore redevelopment area. And then when you get to the Gateway Triangle mixed -use district, the N= has the same 12 units per acre language proposed, and the residential has the consistent addition "and any available density bonuses." Are there any questions regarding those changes? CHAMIvIAN STRAIN: Anybody? (No response.) CHAIRMAN STRAIN: Nope, MR. SCOTT: The other changes, the next two changes, Page 62, this is a correcting of a citation. It was identified by the County Attorney's Office, so we -- it used to read Chapter 4. Now we're being specific, Section 4.02.16, which are the design standards for the Bayshore Gateway Triangle overlays. Page 63 is also a clarification requested by the County Attorney's Office. We are noting for MUP deviations, that they are only available for those IVIUPs that were approved through a public hearing process. CHAIRMAN STRAIN: Okay. MR. SCOTT: And on the back page of the change sheet that was distributed, there's -- these are carried over from the existing overlay provisions. There's a list of administrative deviations for mixed -use projects. There `vas the landscape and buffer requirements. There was a portion that nvas not included with the original amendment. That is being added, too, at the request of the County Attorney's Office. So this is reverting back to the existing LDC language, and that language specifically states that in order to get that deviation on the buffers, you must additionally provide a minimum of 110 percent of the open space requirement for mixed -use projects in addition to other conditions the county manager or designee deems necessary. NIS. ASHTON- CICKO: And I'm not requesting this specific language. I just asked for more criteria. MR. SCOTT: Criteria. MS. ASHTON- CICKO: So in most of these instances I'm not advocating specific language. I'm just asking for more criteria. And there is another one -- one other citation correction. Under Item D, the reference should be 4.05.04G2. Instead of F2, it's G2. MR. VANASSE: Aid just to confirm, we did have that communication with Heidi, and we agree that this additional criteria with 110 percent is acceptable to us, no problem. CHAIRMAN STRAIN: Okay, MR. SCOTT: And then the final changes is in the -- Section C, in 10.02.15. It's the bonus density pool allocation. The specific number of bonus density units that are available. It's -- 388 units were originally created. That number is specified in the GroiNth Management Plan. We're proposing to strike it from the LDC which would allow in the future, if the CRA were able to amend the GMP to increase that amount -- for instance, if a public project came in and the density that was associated with a property similar to what happened with Naples Botanical Garden, came about that that residence density could be added to this pool in the future, that would require a GMP amendment. But should that happen, we're just proposing to strike this so it wouldn't also entail the subsequent LDC amendment. And then at the final striketlurough the MUP public hearing process was changed to just a public hearing approval process, and that is in -- to make it consistent with an existing GMP amendment being sought by the CRA, how those density units are -- they're specifically -- they're specified within the GA/1P on how they are available. So the LDC is somewhat redundant to the GMP. But if there's changes to the GIVIP, we want this to hopefully be consistent with that in the future. CHAIRMAN STRAIN: Okay. Any questions? Brad, do you have any comments? COMMISSIONER SCHMFER: Actually, one simple one. fin going through this siuff, it looks like Page 91 of 95 April 25, 2012 11CCPC/LDC Amendments Special Meeting" ACTING CHAIRWOMAN AHERN: Go ahead. CONRVIISSIONER SCFIIFFER: And I guess, Heidi, these density bonuses, I guess it's 338 units; is that right? How many do we have mow? MS. JOURDAN: That's correct. Initially we started outwith 388 and then there was 232 units approved for the arboretum project, which no longer exists. As a natter of fact, it reverted back to its original zoning. So those 232 units are going to come back to us. The only thing according to comprehensive planning, they're keeping track of this, are five units that were used in a project. So that would take us down to 383. COMMISSIONER SCHIFFER: And that would be the coffee shop. MS. JOURDAN: Correct. COMIVIISSIONER SCHIFFER: Go ahead. I mean, what that is is there's only a limited amount of units other than what you're entitled to on your property, correct? MS. JOURDAIN: Correct. CON tI1IISSIONER SCHIFFER: The rest of the board. So everybody is going to be drawn out of that pool. And it looked like that one project was a pretty big hit. So it really is purely first come, first serve? And how long can they hold it? Like how -- I mean, how many I know there's a frame in here where it elapses. So d It they elapse, they have the rights of those units? MS. JOURDAN: Correct. And then if they don't utilize them -- and I believe Heidi can answer the question, because she's working on how they would come back to the density bonus pool. I don't know, Heidi, is that going to be per resolution, ordinance? IIow would we get back those units? I know that they're not being used, so -- but officially? MS. ASHTON- CICKO: Well, in answer to your question, my recommendation was to do a resolution. The Current regulations provide that the stuff automatically terminates. But I still think that it's better to memorialize it in a resolution, fi-ankly. That's my reconunendation. But on this section that you're looking at, A -1, when I first looked at it, I found it confusing. You know, some of the things in the overlay they can have by right. And I initially read this to mean they could have the 12 units an acre by right. And in talking with Chris, he indicated that you get the underlying zoning unless you can get up to 12 units an acre with the density bonus. So I read it a little bit differently, which -- MS. JOURDAN: I'm sorry. Also, if you read the Growth Management Plan, then it makes it more clear how you qualify for those density bonus units. There's only certain projects that will qualify that it has to be a mixed use project. Right now the way the thing is written, no one else can tap into those bonus density units. And it's outlined in the future land use element, the Bayshore /Gateway overlay in the Growth Management Plan. MS, ASHTON- CICKO: It's addressed on your last page where Page 101 is the density pool allocation. And as I understand it, it's fast come, first serve. So whoever applies essentially you get it. If you apply, you get it. MS. JOURDAN: But you have to be within a mixed use project. NIS. ASHTON-CICKO: Correct. COMMISSIONER SCHIFFER: Right. But it's a limited resource. MS. JOURDAN: Yes, it is. Yeah, it's an incentive, similar to early entry TDR's. That was from Patrick. He's whispering in my ear back there. COMMISSIONER SCHIFFER: And the problem's going to be is that once they're gone and you have commercial zoning which doesn't have residential attached to it, your mixed use projects aren't going to be that nixed. MS. JOURDAN: Yeah. I mean, ,v -,Vre looking into other ways of getting additional density, but because of that being the coastal high hazard area, they didn't really want to increase the density. So we're actually pulling from the density that was allowed on Botanical Gardens. That's where those 388 units came from, because they said they didn't want to increase the density in the coastal high hazard area. So that wasn't really increasing the density, it was just a reallocation. And that's where those 388 came from, that number. MR. VANASSE: For the record, Patrick Vanasse. One of the recommendations we made when we did our analysis was that the pool is finite riglrt now, and as Jean mentioned, that density was obtained through the Botanical Gardens because they weren't going to be using their residential density. There are other civic type of uses in the area, and one of the recommendations was to look at the possibility of maybe being able to use that density if those lands are going to remain in civic type of uses or parks or Page 15 of 27 April 25, 2012 "CCPCILDC Amendments Special Meeting" recreational type of uses. Again, that would require a Comp. Plan amendment and close investigation, but there's an opportunity there for that. ACTING CHAIRWOMAN AHERN: Thalik you. Any other questions on this section? (No response.) ACTING CHAIRWOMAN AI-3ERN: Clu•is, did you have anything else up to Page 30? MR. SCOTT: Page 28 and Page 30 I have the same continent. Actually, I have two comments. MS. ASHTON- CICKO: Can I also make a clarification too? Because as you get to these pages the rules are changing so that the — yeah, as you get to this page. The development standards now are based on your product type, and that's where they conic up with the form based as opposed to in C -3 it's so marry feet for your setback. Now it's based on your product type our your form. I just want to make sure that was clear. MR. SCOTT: Yeah, that's a good clarification. The form -based provisions encompass both the building location on the lot based off of what the building looks like, so a house would have certain setback requirements, a connnercial building would have another set of requirements. And then there's architectural standards that are in 't later chapter. So yeah, the setbacks don't really change, they're consistent with the current code, but it is broken do,,mi by building type. Which leads me to on Page 281 want to add a -- under -- on the table, the top line, mininnum lot width feet, under commercial, it currently says 100 feet. I want to add a footnote. I'm going to make that one five because I have a four that got Inadvertently left off. So make that a footnote five. And then underneath the footnote section I will note that properties with C -3 zoning shall have a minimum 75 -foot lot width. And the rationale is that is the existing lot width requirement for C -3. And the intent was not to increase the development standards from what currently exist. And then -- COMMISSIONER SCHIFFER: Question, Claris. Where are your footnotes currently existing? COMMISSIONER BROUGHAM: Bottom of Page 28. MR, SCOTT: The bottom of Page 28. COMMISSIONER SCHIFFER: Got it, okay. MR. SCOTT: And then I also want to add a footnote four, at max building height feet add a footnote four. And just a note that that is zoning height. Because the county has both zoning height and actual height. That was a -- to change that would have been more than was intended with these amendments. COMMISSIONER EBERT: Clris, I have a question for you. MR. SCOTT: Yes. COMMISSIONER EBERT: And Heidi can maybe -- are you rewriting these LDC's as you're going along with this? I mean, watching something -- because this has already been brought up n1 front of us, right, and then it came to the BCC. This was -- okay. But it just seems like you're kind of changing -- it seems like you're rewriting a lot before we get this. This is -- is this questions fi-om Brad, is that why? MR. SCOTT: This was based off of -- not exclusively, no. The packets had gone out and they're still being reviewed on some level by staff, the County Attorney, and then we had a meeting with Brad. So some ofthese changes are based off of those made. And I apologize that they're not included in your packet, but -- COMMISSIONER EBERT: Okay, that's what I was guessing, I was really trying to say. Thanl< you. COMMISSIONER SCHIFFER: And they're really not changing any of these setbacks anyway. Essentially the chart on the right is the old, the chart on the neat is the new. Some people have a different orientation, but -- you know, it always scares me when I see different commissioners have different orientation in their packets, because they hand them to you with your name and you just wonder if these are customized packets or -- they should be identical. But anyway. But -- and by the way, I found this to be very confusing going through this. Because it is these little boxes of code and boxes of that. In other words, there's no real straight through way to check what the existing code is. This is -- it's a little strange. But Ave discussed that also, but -- CONMSSIONER EBERT: See, so it was with Brad. COMMISSIONER SCHIFFER: Weil, you can't fix strange. Because I'm around doesn't mean it's strange, Page 16 of 27 �" � _1 !1 � rI ��1� , _� � , FUTURE LAND USE MAP R 25 E 120� 28 E I I V E I A 21 E I A 21 1 A 31 1 R 11 1 K 32 E 33 1 A R 34 1 FUTURE LAND USE MAP C.19 r C—* FWId. 4 13 13 E3 13 Bayshore/Gateway Triangle Sa 4 Redevelopment 0 -OW-W j 1 26 E A 26 E I k 21 F 1 1 21 E 1 21 E 1 1 31 E R 31 7•' 71 1 32 E 4 33 E 1 1 34 E Co *er County MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: LAND DEVELOPMENT SERVICES DEPARTMENT HEARING DATE: NOVEMBER 1, 2012 SUBJECT: PDI- PL20120001345, NAPLES CFPUD DEVELOPMENT) APPLICANT: Grace Romanian Baptist Church of Naples, Inc., c/o Mr. Adrian Roman ^ 3000 Orange Blossom Dr #4 Naples, FL 34109 REQUESTED ACTION: AGENDA ITEM 9 -D GRACE ROMANIAN BAPTIST CHURCH OF (COMMUNITY FACILITY PLANNED UNIT AGENT: Mr. Tim Hancock, AICP Davidson Engineering, Inc. 3530 Kraft Road, Suite 301 Naples, FL 34105 The petitioner requests that the Collier County Planning Commission (CCPC) approve an insubstantial change to the Master Plan in Ordinance Number 11 -18, The Grace Romanian Baptist Church of Naples Community Facility Planned Unit Development ( CFPUD), to move the location of the required on -site native vegetation from the north to the south and move water management areas. GEOGRAPHIC LOCATION: The 12± acre subject property is located at the corner of Learning Lane and Livingston Road at 16191 Livingston Road, in Section 13, Township 48 South, Range 25 East, Collier County, Florida. (See location map on the following page.) PURPOSE/DESCRIPTION OF MAP CHANGE: The Grace Romanian Baptist Church CFPUD was approved in Ordinance Number 11 -18 on May 24, 2011. (Please see Attachment C: Ordinance Number 11 -18.) The petitioner is seeking to amend the PUD Master Plan to show the relocation of the required on -site native vegetation from the north portion of the site to the south portion and to relocate the water management area on the site. Page 1 of 8 Grace Romanian Baptist Church of Naples CFPUD, PDI- PL20120001345 October 11, 2012 SONITA BEACH ROAD (CA.AE6) Cs QJ' 5 NORTH MAPLES NESS PB�IEW NY LEE COUNTY ARBOUR A Q SiF NO LTLB AFDITFMA MoN Y Ram" QUAIL NON -ST ESf 10 " ST 12 7 6 S 3 D�o) DELLA ROSA NEAWN 1EDITEMU i 13E I EacoK ESTAtEB _ PROJECT AREA _- aDULE,� _ _ - _ 'IMMORAL 'AND DELLA RROSA nANO LOCATION UF41 OONS BAPMC piURp1 I q_ 4.12 AC. P ROM 76 14 CASREMTOD ppyAy INIOIMATRlALA� /I PELICAN 9( < 17 16 AT NORMAL ✓ 16 ow yy�nLy, Ed s ES r MARSHEA HEST VILLAS �j TrNAPLE MAMI PROFESS Al. MAODRA A 0 13F) A cum v Ey WAIL LONOAIdK NAIVE 23 PWCAN rg i(DARD N LANE RPER 24 C (D'PoS) 20 22 MD�NAPLES MEWCAL MEDICAL OPRCE LLOR � 21 C C= n10MDENSDT RPUD TRACT u (DIE) $N PROP. DEVELOPMENT PAARK VETERAN'S MMONALEC NORM DONE A &IMM OKMEE D (CA. Biel PARK COMMONS NNCEMFA I� PLAZA OIAR A E .......... i : °i.`. ?.. ■j R gNOP PApr COMMERC[ iii %�)1priSY CHUpCH "tR NA1+L� §:;;:it:';r:; ?;•. L q VEI b Mm � EC DALYY MEES (E) MNI 29 ROYAL PALM iNTERNAPONAL ACADEMY 27 TER 26 RPUD AEAU LANE OOLDEM DATE ESTATES 28 < q _ TS STQFBMDOE 25 UNIT 67 50 mAW d Z LA ` SREi3� OD HD�IEEN (OM) 2D ESTA zz ST R S F _ 3 vvD oo MADIERA 2v ENO IRACATO PEUCAR PEUCAR NA'SN (ORS NNtlH 34 (OM) 31 32 33 NAVSMENE 4 .. 3'a RMDp OATS ESTATES UNIT ES N PIDUCAN NALLASV b MARSH VANOERBRT BEACH ROM LEMMA MAYAN pnApPppp VMDEIIS0.T PARK VINEYARDS SNARE MST @"TOB CORD r HEAVENLY MONTEREY "N"A S e pESA{p 0 8E (001) IME AEI p MORE LAIQ'3 N�Np DAN Er: VINEYNES SLEOPY lIOI1DS / LCNDTom CHURRDH LOCATION MAP ZONING MAP PETITION # PDI -PL- 2012 -1345 A NON -ST ST A RPUD i DELLA ROSA i 13E I NRN -ST AREA ST— I ( a. 53 AC, 13A T:4.x — G I 4.12 AC. I Z Cu ow A 0 13F) A v 13F AREA BITE LOCATION RPUD BRANDON A >cF uo ......... .......... i : °i.`. ?.. iii %�)1priSY CHUpCH "tR NA1+L� §:;;:it:';r:; ?;•. WaRilljoijiNmil A PUD ROYAL PALM iNTERNAPONAL ACADEMY RPUD MARSILEA VILLAS ENIRADA AVENUE 2D 21 zz R S F _ 3 vvD oo MADIERA 2v LOCATION MAP ZONING MAP PETITION # PDI -PL- 2012 -1345 W r- CD m rr 0) N rr CD i LU UNDEVELOPED ZONED: A, AGRICULTURE SITE SUMMARY: CF = 7.21ACRES ROW 1.31 ACRES LAKES = 1.01 ACRES PRESERVE = 1.81 ACRES BUFFERS = .7t ACRES TOTAL SITE = 121 ACRES RESIDENTIAL DWELLINGS: 1 UNIT CHURCH: 600 SEATS PRESCHOOL: 160 STUDENTS OPEN SPACE: REQUIRED: 3.6t ACRES (30 %) PROVIDED: 3.61 ACRES (30 %) a UNDEVELOPED ZONED: A, AGRICULTURE W W °W W W W W . WW.. W - • W WW PRESERVE . . .`. . 1 SINGLE FAMILY -- v1A RESIDENCE t`.-. ■ I 0 � I • CF I E I CHURCH AND RELATED USE I i ■ I Iyy DEVELOPMENT AREA I C ! LAKE f I 'L v u �I I I A \1 A A A �A \ \ UNDEVELOPED \ ZONED: A, AGRICULTURE 1 PART OF LIVINGSTON ROAD \�\ CUBS \ RIGHT-OF-WAY 01 '\ ZONED: A AGRICULTURE �� ti ■I 1 I I CF 1 FUTURE CHURCH EXPANSION AND I RELATED USE, PARKING AND OUTDOOR i I i RECREATION AREA iI U/ \ / eI i I----- --- ---- - - -TB' WM�BUFF€R�EAl6C----- - - - - -- �ul■ I�I�ul�l.l.l.ul.l.l.uuul�l�l�uln ■I�I�I�ul�:IRZE l�l �l�l�uul�uul�l ■I�I�ul�l�l�l�l�^ 1 I�It•1�1�1�1 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. ALL ACREAGES ARE APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF SDP OR PLAT APPROVAL. 3. ACCESS TO LEARNING LANE SUBJECT TO APPROVAL BY COLLIER COUNTY SCHOOL DISTRICT. L&GENQ I Ms uN;xcs O W xtl 10Y LEARNING LANE ROYAL PALM ACADEMY ZONED: ROYAL PALM ACADEMY PUD ] B 09 ]010 0] ]010 UPDATE PER COVNtt ATTORNEY MARK UPS UPDATE MASTER PLAN FOR CHURCH USE SU SU 5 ! 1 034_!9 08 0B 1 UPDATE n1LE BLOLK AND AERIAL RENSE nM1E IRON RPUD TO MPUO SU SU 01 07 51E ND ACCESS POINTS RE`ASE A EXHIBIT C 1 N) OB 10 J 29 OB RETAIN 331 VEGETATION _A INCREASE PRESERVE RE -RWTE ROW ARWND ST OVERLAY SU SU y \I'' \ CF PRESCHOOL "ir 11 DEVELOPMENT RACP ROMANIAN BAPTIST CHURCH OF NAPLES AREA Pen kl a 239.890.4380 N. rm Pun NxPl,k 941.420.585B 238.444.2397 EXHIBIT C Civil EngNUDrA A Lanrl S —cyan x Planncm R Land—pe Archllrccs MASTER PLAN vsRr. aenrlx. re xnunlsl .oen11IH. LB au +;IBI wlNRnuyx9nu2nn _ — — — — — — - WIDE BUFF �RI�RjICC uul�l�l�l�l■I�1■I�I�In�I F634134. FUTURE POTENTIAL INTERCONNECTION TO LEARNING LANE, SUBJECT TO ACCESS APPROVAL FROM COLLIER COUNTY SCHOOL DISTRICT \ OWNER waxVUlwwmaWlaRRNx: NPfSAxiAim Bnnllnanrinpry 239847.1144 RACP ROMANIAN BAPTIST CHURCH OF NAPLES GradyMinor Pen kl a 239.890.4380 N. rm Pun NxPl,k 941.420.585B 238.444.2397 EXHIBIT C Civil EngNUDrA A Lanrl S —cyan x Planncm R Land—pe Archllrccs MASTER PLAN vsRr. aenrlx. re xnunlsl .oen11IH. LB au +;IBI wlNRnuyx9nu2nn 0 fu4y Jflnnr an4 Awmcleux. l',1..3M10 VIP Del Rey. Henlu SPr1— wmV.Gr0dyMln,,,,,m F634134. \ OWNER waxVUlwwmaWlaRRNx: NPfSAxiAim 0 0 CD M y CD SITE SUMMARY m UNDEVELOPED ZONED A- PRESERVE 1.8 AC. AGRICULTURE LAKES /H20 MNGMNT 1.0 AC BUFFERS 0.6 AC CF 7.1 AC m 10' TYPE'A' ROW 1.3 AC BUFFER TOTAL 12 AC +/- I I CF z EXIST NATIVE VEG. = 12 AC m FUTURE CHURCH EXPANSION AND 2 ZC w w w N� NATIVE VEG. REQ. = 12 AC X 15% = 1.8 AC w F RELATED USE, U O 2 C9 x Q Q PARKING AND < � ¢ O OPEN SPACE REQ.: 12 AC X 30% = 3.6 AC 9� OPEN SPACE CF RECREATION PROVIDED: 3.6 AC MIN. I FUTURE CHURCH AREA. EXPANSION AND RELATED USE, - PARKING AND 0 z RESIDENTIAL: 1 UNIT CHURCH: 500 SEATS OUTDOOR RECREATION w 2 I PRE - SCHOOL: 150 SEATS AREA. m O O CF CHURCH & ®15' RELATED TYPE'[ USE BUFFER DEVELOPMENT m 10' TYPE'A' O m CF BUFFER _ — CHURCH 8 � RELATED USE INCLUDING — ` DAYCARE UNDEVELOPED \ ZONED A- JURISDICTIONAL \ AGRICULTURE I ® WETLAND LINE �� WATER MANAGEMENT \ \ AREA PRESERVE 1.8 AC TOTAL L PRESERVE TO SERVE AS REQUIRED BUFFER NOTES: m 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATIONS DUE TO AGENCY PERMITTING REQUIREMENTS. FUTURE POTENTIAL 2. ALL ACREAGES ARE APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF SDP OR PLAT APPROVAL. INTERCONNECTION TO 3. ACCESS TO LEARNING LANE IS SUBJECT TO APPROVAL BY COLLIER COUNTY SCHOOL DISTRICT. LEARNING LANE. 4. IN THE EVENT THAT ACCESS TO LEARNING LANE IS OBTAINED IN THE FUTURE, ANY PORTION OF THE PRESERVE AS SHOWN THAT IS PHYSICALLY AFFECTED BY THE CONNECTION AND /OR LIES EAST OF THE ACCESS POINT WILL BE RELOCATED ON THE WEST SIDE OF THE ACCESS LOCATION TO ENSURE THAT THE MINIMUM PRESERVE AREA IS MAINTAINED IN A CONTIGUOUS MANNER. ROYAL PALM ACADEMY PUD ZONED A - AGRICULTURE a E PRESERVE N o z o 00 SCALE IN FEET N a � z az �g O m� M wQ � g d �NO OF 1 information provided by the petitioner, the purpose of this insubstantial change to the PUD is to reduce and avoid impacts to the wetlands located on the southern portion of the site by including them � in the preserve area. The Project does not propose to change any of the approved church and preschool land uses. The Master Plan for the proposed insubstantial change depicts the new location of the preserve area and water management area along with generalized areas of development and traffic circulation. No further changes have been made to the PUD document text. ANALYSIS: Section 10.02.13. E. of the Land Development Code sets forth the criteria by which insubstantial amendments to a PUD Master Plan are to be reviewed before they can be approved by the CCPC. The criteria and a response to each criterion have been listed as follows: a. Is there a proposed change in the boundary of the Planned Unit Development (PUD)? No, there is no proposed change in the boundary of the Grace Romanian Baptist Church CFPUD. b. Is there a proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development? No, there is no proposed increase in the total number of dwelling units or change in the type of land use or which might have the effect of increasing the intensity of the use of the land or increasing the maximum height of buildings within the development. The PUD document also provides the development standards that regulate the height of the permitted structures and their setbacks. As a result, the request to repeal the master plan that was approved with Ordinance 11 -18 and replace it with the proposed master plan will not change the requirements contained in the PUD document. C. Is there a proposed decrease in preservation, conservation, recreation, or open space areas within the development in excess of five (5) percent of the total acreage previously designated as such, or five (5) acres in area? No, this Master Plan amendment merely replaces the plan that was approved via Ordinance 11 -18 with a Master Plan depicting a relocated preserve area and water management area. It should be noted that the PUD document requires that 15 percent of the naturally functioning vegetation be retained on site. This includes 1.8 acres of preserve located on the site. There is no proposed decrease in preservation, conservation, recreation or open space areas within the development in excess of five (5) percent or five (5) acres since the criteria in the PUD document remains the same. d. Is there a proposed increase in the size of areas used for non - residential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation n or open space), or a proposed relocation of nonresidential land uses? Page 5 of 8 Grace Romanian Baptist Church of Naples CFPUD, PDI- PL20120001345 October 11, 2012 No, the proposed amendment will not increase the size of institutional, commercial, industrial and/or any other nonresidential uses. This amendment only relocates preserve area from the north portion of the site to the south portion and relocates the water management area on the site. There is a relocation of nonresidential land uses to the north and west portions of the site as a result of this amendment. However, there is currently no development adjacent-to the north and west of the subject site. e. Is there a substantial increase in the impacts of the development which may include, but are not limited to increases in traffic generation; changes in traffic circulation; or impacts on other public facilities? There is no increase in trips generated by this project as a result of the proposed amendment. The location of the site ingress /egress remains unchanged. L Will the change result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers? No, as noted above, the proposed change will not create any additional site generated trips based upon the ITE Trip Generation Manual. g. Will the change result in a requirement for increased stormwater retention, or otherwise increase stormwater discharge? No, the Engineering Review Staff indicates that the proposed change should not result in a requirement for increased stormwater retention. h. Will the proposed change bring about a relationship to an abutting land use that would be incompatible with an adjacent land use? No, the proposed relocation of preserve area from the north portion of the site to the south portion of the site and the relocation of the water management area from the western portion of the site to the southern portion of the site will be compatible with the adjacent undeveloped Agricultural zoned properties to the north and west. As a result, the proposed change will not bring about a relationship to an abutting land use that would be incompatible with the adjacent land use. i. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other elements of the Growth Management Plan or which modification would increase the density of intensity of the permitted land uses? No, this modification is in compliance with the Future Land Use Element of the Growth Management Plan. The modification to the Master Plan does not increase the intensity of the permitted land uses. In addition, the PUD documents specify the requirement for retained native vegetation and open space. The PUD document also specifies the uses allowed and provides development standards that regulate the height of the permitted structures. As a Page 6 of 8 Grace Romanian Baptist Church of Naples CFPUD, PDI- PL20120001345 October 11, 2012 result, the proposed amendment will not change the approved density and/or intensity authorized by the PUD document or otherwise affect any element of the Growth Management Plan. j. The proposed change is to a PUD District designated as a Development of Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida Statues, where such change requires a determination and public hearing by Collier County pursuant to Sec. 380.06 (19), F.S. Any change that meets the criterion of Sec. 380.06 (19)9e)2., F.S., and any changes to a DRI/PUD Master Plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under Sec. 2.7.3.5.4 or Sec. 2.7.3.5.6 of this Code. The Grace Romanian Baptist Church CFPUD is not a DRI. k. Are there any modifications to the PUD Master Plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under Section(s) 10.02.13 E.? The proposed modifications are only to the Master Plan. Based upon the above referenced analysis, there are no changes that impact any consideration deemed to be substantial. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for PDI- PL20120001345 on October 11, 2012. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) approve Petition PDI - PL20120001345 representing an insubstantial revision to the Grace Romanian Baptist Church CFPUD by changing the current Master Plan as shown in Attachment A as compared to the proposed Master Plan shown as Attachment B. (Please refer to pages 3 and 4 of this Staff Report for Master Plan exhibits.) Page 7 of 8 Grace Romanian Baptist Church of Naples CFPUD, PDI- PL20120001345 October 11, 2012 PREPARED BY: ywyu4k ftv� � Zh NANCY D H, AICP, PRINCIPAL PLANNER GROWTUVANAGEMENT DIVISION REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER GROWTH MANAGEMENT DIVISION MICHAEL BOSI, AICP, DIRECTOR GROWTH MANAGEMENT DIVISION APPROVED BY: NICK &XSALAKGU MINISXA21CT6R GROWTH MANAGEMENT DIVISION Attachments: A- Current Master Plan B- Proposed Master Plan C- Ordinance Number 11 -18 Page 8 of 8 Grace Romanian Baptist Church of Naples CFPUD, PDI- PL20120001345 October 5, 2012 Oct, 5, W1 & DATE /0.7.1? DATE 13-5- (L DATE 10 -1 Z--) L. DATE I S 0 m m rt 0 m CD CD UNDEVELOPED ZONED: A, AGRICULTURE SITE SUMMARY: CF • 7.2t ACRES ROW 1.31 ACRES LAKES • 1.01 ACRES PRESERVE • 1.81 ACRES BUFFERS • .7t ACRES TOTAL SITE - 12t ACRES RESIDENTIAL DWELLINGS: 1 UNIT CHURCH: 500 SEATS PRESCHOOL: 150 STUDENTS OPEN SPACE: REQUIRED: 3.83 ACRES (30 %) PROVIDED: 3.6t ACRES (30 %) UNDEVELOPED ZONED: A, AGRICULTURE Bt)►I�+1++41tli��I�S�.s m W W W 4• r. r, �,� r• ,� r• W . W a W m ,� W W o �. W W a W r• ,� m W. W W W a W W .� W �..N W r. W W -W W �WLL -yW W PRESERVE. .N. . ... -W W . . yWWW W W W yWWWy "W��WW.. FAMILY . W RESIDENCE I I C F ■�1 I CHURCH AND RELATED USE is II DEVELOPMENT AREA LAKE I+ �I JL UNDEVELOPED i \ ZONED: A, AGRICULTURE i i PART OF LIVINGSTON ROAD \�\ �J� \ ■ RIGHT -0F•WAV i ZONED: A. AGRICULTURE Dy \ ■ \ �0 \ 11 ■1 ■I�I■II ■I�I■11 \I ■lY � \ — BUFFER PER LDC -\ A! \ CF ■I 1 I I I CF i 1 I FUTURE CHURCH EXPANSION AND RELATED USE, PARKING AND OUTDOOR i I RECREATION AREA L- ---- -- - - -- --— mDEBLFF€Rl L6C------ -.- - -- �I�I�1 ■I■Il ■ICI................. ■I ■I.I.I ■I�I�I�I■11 1 ■I�I�I ■T ■l•I ■I ■I■Il�l ■ICI ■I ■1■11 ■I ■I ■I ■1 II LEARNING LANE 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. ALL ACREAGES ARE APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF SOP OR PLAT APPROVAL. 3. ACCESS TO LEARNING LANE SUBJECT TO APPROVAL BY COLLIER COUNTY SCHOOL DISTRICT. LEGEND o O 100' ROYAL PALM ACADEMY ZONED: ROYAL PALM ACADEMY PUD 7 09 3010 0] 110 UPDATE PER COUNTY ATTORNEY MARK UPS UPDATE MASTER PLAN FOR CNVRON USE SU SU 5 4 OS OE OB UPDATE ME BLOCK ANO AERIAL RENSE n]LE FROM RPUD t0 MPUD SU SU J Oi ] ftENSE SIZE Alp ACCESS PgNTS EU 2 l0 OB J 2B 00 RETAIN 21 GETATION AREA MCREASE PRESERN: RE —RWTE ROW AROUND 5T —LAY EU SU PRESCHOOL "'* DEVELOPMENT AREA \ > \ 1b' WIDE BUFFER PER LDC -------- -- 1 ■1 �1�1■ I •I [tl■ l■IIR11 •I ■I I ■ ■ 111 ■I pil■1I■ I�uuuuuu ICI ■11.1 FUTURE POTENTIAL INTERCONNECTION TO LEARNING LANE, SUBJECT TO ACCESS APPROVAL FROM COLLIER COUNTY SCHOOL DISTRICT Unnll'"""" 31R.R4].1T44 RACE ROMANIAN BAPTIST CHURCH OF GradyMinor nlea nn 941.426.3858 NnPIPW 339.444.2317 EXHIBIT C Cn11 Enginc(.rR LDnd Sumay -m R PlanncrR B LannRCapc Archltccw MASTER PLAN ,6Rr. UPALIH. CB 0005151 R (.6RT.OPAtTM.4B UTANIJI IURIKSAI N: 21HAVIRN 0. (,redly Manor and AAAaaWW. P.A..3g10 VIB Ihl My. annlln Sprinp. N. 34134. \ gDIBWPA4FIRgRWRMDLII wn¢RANw i n S CD 0 rt co T 0 10 O y �D CL Cu y rt CD '0 p1 SITE SUMMARY ® UNDEVELOPED ZONED A - PRESERVE 1.8 AC. AGRICULTURE LAKES /H20 MNGMNT 1.0 AC BUFFERS 0.8 AC CF 7.1 AC m 10' TYPE'A' ROW 1.3 AC BUFFER TOTAL 12 AC +/- �• �' �� CF z ® FUTURE CHURCH tY g 2G� EXIST NATIVE VEG. = 12 AC EXPANSION AND NATIVE VEG. REQ. = 12 AC X 15% = 1.8 AC � �u w � RELATED USE, ¢ U O � 2 �QQ OPEN SPACE REQ.: 12 AC X 30% = 3.6 AC a O Z Q PARKING AND OUTDOOR P 9 g OPEN SPACE CF 4� RECREATION PROVIDED: 3.6 AC MIN. I FUTURE CHURCH AREA. EXPANSION AND RELATED USE, PARKING AND O mU z RESIDENTIAL: 1 UNIT CHURCH: 500 SEATS OUTDOOR RECREATION u w w I PRE - SCHOOL: 150 SEATS AREA. m W Q CF CHURCH & m RELATED < 15' TYPE'[ USE BUFFER DEVELOPMENT m Q O ® CF BUFFER BUFFER CHURCH& RELATED USE INCLUDING DAYCARE UNDEVELOPED ZONED A- JURISDICTIONAL \ AGRICULTURE ® WETLAND LINE �\ WATER MANAGEMENT \ AREA PRESERVE 1.8 AC TOTAL L PRESERVE TO SERVE AS REQUIRED BUFFER NOTES: m 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATIONS DUE TO AGENCY PERMITTING REQUIREMENTS. FUTURE POTENTIAL 2. ALL ACREAGES ARE APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF SDP OR PLAT APPROVAL. INTERCONNECTION TO 3. ACCESS TO LEARNING LANE IS SUBJECT TO APPROVAL BY COLLIER COUNTY SCHOOL DISTRICT. LEARNING LANE. 4. IN THE EVENT THAT ACCESS TO LEARNING LANE IS OBTAINED IN THE FUTURE, ANY PORTION OF THE PRESERVE AS SHOWN THAT IS PHYSICALLY AFFECTED BY THE CONNECTION AND /OR LIES EAST OF THE ACCESS POINT WILL BE RELOCATED ON THE WEST SIDE OF THE ACCESS LOCATION TO ENSURE THAT THE MINIMUM PRESERVE AREA IS MAINTAINED IN A CONTIGUOUS MANNER. ROYAL PALM ACADEMY PUD ZONED A - AGRICULTURE PRESERVE N o zs ®o SCALE IN FEET x olhi �W .a zz og O mW w uv J! I 1 'NO:OF 1 p131- pI-20120001345 REV:1 -- _ CHURCH GRACE ROMANIAN w DATE: 7119112 ^DUE: 817112 ORDINANCE NO. 11- 18 : 7 .\:- �3 AN ORDINANCE OF THE BOARD OF COUNTY'S ; •.r.'` COMMISSIONERS OF COLLIER COUNTY, FLORIDA � AMENDING ORDINANCE NUMBER 04 -41, AS AMENDEI;t' THE COLLIER COUNTY LAND DEVELOPMENT CODS '- = . ✓ WHICH INCLUDES THE COMPREHENSIVE ZONING" ":" REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE t'ri y. APPROPRIATE ZONING ATLAS MAP OR MAPS BY ` -' C CHANGING THE ZONING CLASSIFICATION OF THE �" •' HEREIN DESCRIBED REAL PROPERTY FROM AN :?za AGRICULTURAL (A) ZONING DISTRICT WITH A f r' PORTION OF THE REAL PROPERTY IN A ST OVERLAY (SPECIAL TREATMENT) TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT WITH REMOVAL OF THE ST OVERLAY FOR A PROJECT KNOWN AS GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD. THE PROJECT WILL ALLOW DEVELOPMENT OF A 500 SEAT CHURCH, A SINGLE FAMILY RESIDENCE AND PRESCHOOL OF UP TO 150 STUDENTS ALONG WITH OTHER PERMITTED AND ACCESSORY USES COMMONLY ASSOCIATED WITH A CHURCH AND PRESCHOOL USE. THE PROPERTY IS LOCATED AT THE CORNER OF LEARNING LANE AND LIVINGSTON ROAD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 12f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ- 2005 -AR -8674) WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich and Koester, P.A. and D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A., representing Grace Romanian Baptist Church of Naples, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 13, Township 48 South. Range 25 East, Collier County, Florida, is changed from an Agricultural (A) Grace Romanian Baptist Church / PUDZ- 2005 -AR -8674 Rev. 3/22/11 Page] of2 Attachment C Zoning District with a portion of the real property in a ST Overlay (Special Treatment) to a Community Facility Planned Unit Development (CFPUD) Zoning District with removal of the ST Overlay for a project known as the Grace Romanian Baptist Church of Naples CFPUD, in accordance with Exhibits A through E, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Board of County Commissioners of Collier County, Florida, this 24 day of Al , 2411. ATTEST: , DWIGHT.V: -$kOCK,, CLERK 6 k�A cca Atilt ti Clerk Approved as to form and leg 1 sufficiency: eidi Ashton -Cic o 3 Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Developer Commitments C V U7 -C PS4)0640%51 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ,41U4 W. FRED W. COYLE, ChairrifJ Grace Romanian Baptist Church / PUDZ- 2005 -AR -8671 Rev. 3/22/11 Page 2 of �CCtP�'!2! ^✓ Cf .�i: 't' S 4iiilC tii _ of _ f3. pfpur� � EXHIBIT A ^ FOR GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD PERMITTED USES: The Grace Romanian Baptist Church of Naples CFPUD will be developed as a community facility project, including but not limited to, a 500 member religious facility and a 150 student total enrollment preschool (child care) facility. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: I. Principal Uses: A. Principal Uses 1. Church (House of Worship) 2. Pre- school (child care). not to exceed 150 students. 3. Single family dwelling, maximum of one (1) unit. 4. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as approved through the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Accessory uses and structures customarily associated with the principal uses permitted in this District, such as multi- purpose buildings, indoor and outdoor recreational uses and facilities, playfields, playgrounds and similar facilities. 2. Essential services 3. Open space and passive recreational uses. 4. Parking 5. Water management facilities. Rev 10 3/2312011 Page 1 of 6 Grace Romanian Baptist Church of Naples CFPUD 11. Preserve Tract A. Principal Uses: I . Native vegetation preserve. 2. Any other conservation use which is comparable in nature with the foregoing uses and which the Environmental Services Department determines to be compatible in the Preserve Area. B. Accessory Uses: 1. Boardwalks, nature trails, shelters, and other uses permitted within dedicated preserves by the LDC. 2. Any other conservation use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the Preserve Area. I Any clearing required to facilitate these uses shall not reduce the minimum required native vegetation. Rev 10 3/23/2011 Page 2 of 6 Grace Romanian Baptist Church of Naples CFPUD EXHIBIT B FOR GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD DEVELOPMENT STANDARDS: The table below sets forth the development standards for land uses within the CFPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the land Development Code (LDC) in effect as of the date of approval of the site development plan (SDP) or subdivision plat. DEVELOPMENT STANDARDS I COMMUNITY FACILITY CF PRINCIPAL STRUCTURES MINIMUM LOT AREA N/A MINIMUM LOT WIDTH N/A MINIMUM FLOOR AREA NIA MIN FRONT YARD 50 FEET MIN SIDE YARD 25 FEET MIN REAR YARD 15 FEET MIN PRESERVE SETBACK 25 FEET MIN DISTANCE BETWEEN STRUCTURES 25 FEET MAX BUILDING HEIGHT NOT TO EXCEED ZONED ACTUAL 50 FEET 60 FEET TO TOP OF ROOF AND A MAXIMUM ADDITIONAL 12 FEET FOR CUPOLA AND /OR SPIRE AND STEEPLE ACCESSORY STRUCTURES FRONT *1 25 `1 /50 FEET SIDE S.P.S REAR (ATTACHED) (DETACHED} 10 FEET 15 FEET PRESERVE SETBACK 10 FEET DISTANCE BETWEEN PRINCIPAL STRUCTURE 0 FEET for attached accessory structures; or '/2 the height of the detached accessory structure or per minimum buildinn code. whichever is greater. MAX BUILDING HEIGHT NOT TO EXCEED ZONED ACTUAL S.P.S. S.P.S. n • 1 the 25 foot front yard shall apply only to playground equipment, shade structures. Porte Cache or similar unenclosed accessory structures. S.P.S. = Some as Principal Structures SH = Building Height Rev 10 3/23/2011 Page 3 of 6 Grace Romanian Baptist Church of Naples CFPUD , If _. • � Gyp �0� !P■ i U i ' ••'� J w w� w !ur a w I g )�jsl e! S l e LU �. LU L am CL i, ' � afa�aaaaaa■ W W� ■ itr • r ' . ' • �_.--- _�_- ' - - - - -_ -------- -• - -'; W � � oof l 1. _ _ -o.►.irfSrFE -LG _ _. _ _ ._ _ ■ �' a m �r�}a1 ■ >, =;S;R iMti. I+► a�Mti .J■ ■■■■..■......■■....■...... ..■.■.■■■■■.■..■■. r...i r.�W 1, yaa r yyy � a 'za 1Fr ¢o YY a y N a C W galo r N �W Vl i ' EXHIBIT D 10-1�1 FOR GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTH HALF OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 ALL OF THE NORTH 1/2 OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION TAKEN FOR LIVINGSTON ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 2619, PAGE 188, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETHER WITH: PARCEL 2 ALL OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. TOGETHER WITH: PARCEL3 A PORTION OF THE SOUTH 1/2 OF THE SOUTHWEST 114 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING SOUTHWESTERLY OF THAT PORTION TAKEN FOR LIVINGSTON ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 2615 AT PAGE 2828 OF THE PUBLIC RECORDS OF n COLLIER COUNTY, FLORIDA. THE SAME BEING THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4544 AT PAGE 563 OF THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: r� BEGIN AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.88 057'29 "E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 417.42 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF LIVINGSTON ROAD, A 275.00 FOOT RIGHT -OF -WAY, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.42 °13'34 "E. A DISTANCE OF 2047.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG SAID RIGHT -OF -WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 12 025'05 ", SUBTENDED BY A CHORD OF 442.88 FEET AT A BEARING OF N.41 °33'54 "W., FOR A DISTANCE OF 443.75 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, THENCE RUN S.88 058'45" W. ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13 FOR A DISTANCE OF 124.44 FEET, TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, THENCE RUN S.00 009'12 "E. ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.74 FEET TO THE POINT OF BEGINNING. Rev 10 3/23/2011 Page 5 of 6 Grace Romanian Baptist Church of Naples CFPUD EXHIBIT E FOR GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD LIST OF DEVELOPER COMMITMENTS Regulations for development of the Grace Romanian Baptist Church of Naples CFPUD shall be in accordance with the contents of this CFPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CFPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. PLANNING 1. The CFPUD Conceptual Master Plan (Exhibit C) is an illustration of the conceptual development plan. B. ENVIRONMENTAL 1. A minimum of 15% (minimum 1.82 acres) of the existing native vegetation shall be retained on -site in accordance with LDC Section 3.05. C. UTILITIES 1. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to the Collier County Land Development Code, as amended, except as may be provided in this Ordinance. Rev 10 3123/2011 Page 6 of 6 Grace Romanian Baptist Church of Naples CFPUD STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2011 -18 Which was adopted by the Board of County Commissioners on the 24th day of May, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of May, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio to Board of County Commissioners By: Teresa Pola's}ci., r. Deputy Clerk CCPC RESOLUTION NO. 12- A RESOLUTION OF THE COLLIER COUNTY PLANNING COMMISSION APPROVING AN INSUBSTANTIAL CHANGE TO THE MASTER PLAN IN ORDINANCE NUMBER 11 -18, THE GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD, TO MOVE THE LOCATION OF THE REQUIRED ON -SITE NATIVE VEGETATION FROM THE NORTH TO THE SOUTH AND MOVE WATER MANAGEMENT AREAS. THE PROPERTY IS LOCATED AT THE CORNER OF LEARNING LANE AND LIVINGSTON ROAD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 12f ACRES. [PETITION PDI - PL201200013451 WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, the Collier County Planning Commission (CCPC), being duly appointed, has held a properly noticed public hearing and has considered the advisability of the proposed insubstantial change to the Master Plan in Ordinance Number 11 -18 to move the location of the required on -site native vegetation from the north to the south in the RSF -4 zoning district for property hereinafter described; and WHEREAS, the CCPC has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by LDC Section 10.02.13.E.1; and WHEREAS, all interested parties have been given the opportunity to be heard by this Commission at a public hearing, and the Commission has considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING COMMISSION OF COLLIER COUNTY, FLORIDA, that: Petition Number PDI- PL20120001345, filed by Timothy Hancock, AICP of Davidson Engineering, Inc. on behalf of Grace Romanian Baptist Church of Naples, Inc., be and the same is hereby approved for an insubstantial change to the Master Plan in Ordinance Number 11 -18 pursuant to Section 10.02.13.E.1 of the Land Development Code. The Master Plan attached hereto as Exhibit "A" is hereby approved as a modification of the original Master Plan. Grace Romanian Baptist Church Page 1 of 2 PDI- 20120001345 — rev. 9/19/12 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Commission and filed with the County Clerk's Office. This Resolution adopted after motion, second and majority vote. Done this day of , 2012. ATTEST: COLLIER COUNTY PLANNING COMMISSION COLLIER COUNTY, FLORIDA Nick Casalanguida, Administrator Mark P. Strain, Chairman Growth Management Division Approved as to form and legal sufficiency: A. l Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A — Revised Master Plan CP \12- CPS - 01181 \17 Grace Romanian Baptist Church Page 2 of 2 PDI- 20120001345 —rev. 9/19/12 m Q M SITE SUMMARY ® UNDEVELOPED ZONED A - PRESERVE 1.8 AC. AGRICULTURE LAKES /H20 MNGMNT 1.0 AC SUFFERS 0.8 AC CF 7.1 AC m 10'TYPE'A' ROW 1.3 AC BUFFER TOTAL 12 AC +/- �• '�� ' �� +'� �� \ CF z �: EXIST NATIVE VEG. = 12 AC ® FUTURE CHURCH w ZCN NATIVE VEG. REQ. = 12 AC X 15% = 1.8 AC IF EXPANSION AND RELATED USE, LU ~¢ 0 2 F W c7 x PARKING AND 3 OPEN SPACE REQ.: 12 AC X 30 %= 3.6 AC z < OUTDOOR a OPEN SPACE CF RECREATION PROVIDED: 3.6 AC MIN. FUTURE CHURCH I AREA. EXPANSION AND RELATED USE, PARKING AND I_ RESIDENTIAL: 1 UNIT OUTDOOR ® z CHURCH: 500 SEATS RECREATION w a Lu I PRE - SCHOOL: 150 SEATS AREA. m CF a c7 CHURCH & �¢¢ m '15' RELATED g TYPE USE BUFFER DEVELOPMENT m TYPE'A' BU BUFFER Q O ® CF CHURCH& RELATED USE i INCLUDING J DAYCARE UNDEVELOPED \ ZONEDA- JURISDICTIONAL I \ �__ AGRICULTURE ® WETLAND LINE -� WATER MANAGEMENT AREA I� PRESERVE 1.8 AC TOTAL L PRESERVE TO SERVE AS REQUIRED BUFFER NOTES: m 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATIONS DUE 70 AGENCY PERMITTING REQUIREMENTS. FUTURE POTENTIAL 2. ALL ACREAGES ARE APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF SDP OR PLAT APPROVAL, INTERCONNECTION TO 3. ACCESS TO LEARNING LANE IS SUBJECT TO APPROVAL BY COLLIER COUNTY SCHOOL DISTRICT. LEARNING LANE. 4. IN THE EVENT THAT ACCESS TO LEARNING LANE IS OBTAINED IN THE FUTURE, ANY PORTION OF THE PRESERVE AS SHOWN THAT IS PHYSICALLY AFFECTED BY THE CONNECTION AND /OR LIES EAST OF THE ACCESS POINT WILL BE RELOCATED ON THE WEST SIDE OF THE ACCESS LOCATION TO ENSURE THAT THE MINIMUM PRESERVE AREA IS MAINTAINED IN A CONTIGUOUS MANNER. ROYAL PALM ACADEMY PUD ZONED A - AGRICULTURE L HILL, - a - a \ k k le a Ro PRESERVE N 0 15® SCALE IN FEET F. toug W6 Q i F I I Li 2_11 1 I