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Agenda 02/10/2015 Item #17A 2/10/2015 17.A. EXECUTIVE SUMMARY Recommendation to approve (adopt) the Henderson Creek Mixed Use Subdistrict/Mixed Use Activity Center (#18) Subdistrict small-scale amendment to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL20140000534/CPSS-2014-3) [Companion to Petition PUDA-PL20140000477] OBJECTIVE: For the Board of County Commissioners (BCC)to approve (adopt)the proposed small-scale Growth Management Plan amendment and approve the amendment for transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: The subject petition is submitted as a small-scale comprehensive plan amendment. As such, per Florida Statutes, the request is heard once only by the Collier County Planning Commission and the BCC. If approved by the BCC, the petition is transmitted to the Department of Economic Opportunity (DEO). Per Chapter 163.3187, Florida Statutes, there are limitations for this type of amendment, as identified below, followed by staff comments in [brackets]. 1. Parcel must be 10 acres or less in size [subject site is+0.876 acres]. 2. The annual cumulative acreage for all small-scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year [There have been no small-scale amendments adopted in calendar year 2015]. 3. No text change to the goals, objectives and policies; only a site specific small-scale land use change to the future land use map shall be permitted. However, a text change related directly to, and adopted simultaneously with, a small-scale future land use map change amendment shall be allowed. [The proposed text change is directly related to, and is proposed to be adopted simultaneous with, a small-scale future land use map amendment]. 4. Site is not located within an Area of Critical State Concern (ACSC) [the site is not located within the ACSC]. This petition seeks to amend the Future Land Use Element(FLUE)of the Collier County Growth Management Plan to: a. Revise the Henderson Creek Mixed Use Subdistrict text to reflect removal of the subject site acreage - which is being added to Mixed Use Activity Center #18 and being re- designated as Urban Commercial District, Mixed Use Activity Center Subdistrict, and removal of additional acreage due to previous scrivener's error; b. Revise the countywide Future Land Use Map (FLUM) to reflect the removal of the subject site from the Henderson Creek Mixed Use Subdistrict; c. Revise the Henderson Creek Mixed Use Subdistrict map, part of the FLUM Series, to reflect the removal of the subject site; and Packet Page-847- 2/10/2015 17.A. d. Revise the Mixed Use Activity Center #18 map, part of the FLUM Series, to reflect addition of the subject site and it's re-designation as Urban Commercial District, Mixed Use Activity Center Subdistrict. The proposed amended Subdistrict text and maps are depicted on Ordinance Exhibit A. FINDINGS AND CONCLUSIONS: Based on the review of this petition, including the supporting data and analysis, staff makes the following findings and conclusions. • There are no infrastructure related concerns. • There are no adverse environmental impacts as a result of this petition. • This is an infill site of<1 acre, and abuts the Mixed Use Activity Center Subdistrict on two sides and is surrounded by commercial zoning and a preserve. • The site is presently part of a commercial Planned Unit Development (PUD) and approved for ancillary commercial uses. • There are no compatibility concerns. FISCAL IMPACT: The cost to process, review and advertise this petition was borne by the petitioner via application and advertisement fees. Therefore, there are no fiscal impacts to Collier County as a result of the adoption of this amendment. LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following criteria in making its decision: (1) consistency with the Comprehensive Plan, including analysis of impact on public infrastructure; (2) consistency with the Land Development Code, including compatibility analysis; and, (3) review of data and analysis to support the proposed amendment. This item is approved as to form and legality. It requires an affirmative vote of four for approval because this is an Adoption hearing of the GMP amendment. [SAS] GROWTH MANAGEMENT IMPACT: Adoption of the proposed amendment by the Board for transmittal to the Florida Department of Economic Opportunity will commence the thirty-day (30) challenge period for any affected person. Provided the small-scale development amendment is not challenged, it shall become effective thirty-one days (31) after Board adoption. COMPREHENSIVE PLANNING STAFF RECOMMENDATION: That the Board adopt and transmit this small-scale GMP amendment to the Florida Department of Economic Opportunity. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their December 18, 2014 meeting. The CCPC voted unanimously to forward the subject petition to the BCC with a recommendation to adopt and transmit to the Florida Department of Economic Opportunity. Packet Page-848- 2/10/2015 17.A. Prepared by: David Weeks,AICP, Growth Management Plan Manager, Comprehensive Planning Section, Planning and Zoning Department, Growth Management Division Attachments: 1) CCPC Adoption Staff Report 2) Ordinance and Exhibit"A"text and maps 3) Project application and documentation Project application and documentation are available at: http://www.coIliergov.net/ftp/AgendaFebl015/GrowthMgmt/CP55-2014- 3 Petition.pdf Packet Page-849- 2/10/2015 17.A. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.A. Item Summary: Recommendation to approve (adopt)the Henderson Creek Mixed Use Subdistrict/Mixed Use Activity Center (#18) Subdistrict small-scale amendment to the Collier County Growth Management Plan, Ordinance 89-05, as Amended,for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL20140000534/CPSS-2014-3) [Companion to Petition PUDA-PL20140000477] Meeting Date: 2/10/2015 Prepared By Name: KendallMarcia Title: Planner, Senior, Comprehensive Planning 1/15/2015 3:37:52 PM Approved By Name: BosiMichael Title: Director-Planning and Zoning, Comprehensive Planning Date: 1/16/2015 8:28:40 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 1/20/2015 9:13:19 AM Name: PuigJudy Title: Operations Analyst, Community Development&Environmental Services Date: 1/20/2015 4:00:56 PM Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 1/22/2015 8:22:04 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/29/2015 11:39:54 AM Name: IsacksonMark Packet Page-850- 2/10/2015 17.A. Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 1/30/2015 9:00:20 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/2/2015 11:19:09 AM Packet Page-851- 2/10/2015 17.A. PL20140000534/CPS5-14-3 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: December 18, 2014 RE: PETITION PL20140000534/CPSS-2014-3, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT (Companion to petition PUDZA- PL20140000477, Tamiami Crossing) [ADOPTION HEARING] AGENT/APPLICANT/OWNERS Agents: Wayne Arnold Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Richard Yovanovich, Esq. Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Applicant: Douglas J. Kirby, P.E. KRG 951 &41 LLC 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 Owner: KRG 951 &41 LLC 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 I. GEOGRAPHIC LOCATION: The subject property, comprising ±0.876 acres, is located in the southeast quadrant of Tamiami Trail East (US 41) and Collier Boulevard (SR 951), on the north side of Pasedo Drive and +100 feet east of SR 951, in Section 3, Township 51 South, Range 26 East, within the South Naples Planning Community. Packet Page-852- 2/10/2015 17.A. PL20140000534/C PS S-14-3 07.7.1.;:"?‘, 44.4%. --•„;1,--;"%,4,1 / ,.:4„,;,,lir .ligiTy, N., '''. :W,7.-._ ;''' „-,„. 4, !2-:`,:'.sm"' s - .K "err. w r � r 1 tn ter'-',5' -4----e `"° r s `'€'' 'Ye.■ v ' a^ ; a Nwx,,,2,fir. `"fl. 41. "' 4 4-) * a T .* 'yam f- rj � .- 5ry :f" e " ,"0 4- f t-.X J J'.Rar j=. �.* rA ,,,..ti 5 r-yY 17,10 7 -.W,,, 1'•. y , x �' }k t- '�b f s. m'YYrs•' 7A` t 7 r.. F+f ,�y�+�7.r F.. e 1 -t r; ,r- '' '''''',1'Yrb*1'.4%;—..— k� _'`' —r; t'd , ° A. ,,,,,',t6'7 j"1' ~a ry' @1 F A .s' .-c7,„-;,„,,,.f.' '4 AM kn.�... S y 1 4E ,' .0 -�r ,17z,,17-7 Y f$ 7 �!;� ! �y�p,',,w)t 4y�R�1 8 "�t/� t£,�m :' e. K'. ; H. REQUESTED ACTION: The applicant seeks to amend the Future Land Use Element (FLUE) text, Future Land Use Map (FLUM) and FLUM Series by: 1. Revising the Henderson Creek Mixed Use Subdistrict text to reflect removal of the subject site acreage - which is being added to Mixed Use Activity Center #18 and being re- designation as Urban Commercial District, Mixed Use Activity Center Subdistrict; 2. Revising the FLUM to reflect the removal of the subject site from the Henderson Creek Mixed Use Subdistrict; 3. Revising the Henderson Creek Mixed Use Subdistrict map, part of the FLUM Series, to reflect the removal of the subject site; and 4. Revising the Mixed Use Activity Center #18 map, part of the FLUM Series, to reflect addition of the subject site and it's re-designation as Urban Commercial District, Mixed Use Activity Center Subdistrict. The proposed amended Subdistrict text and maps are depicted on Ordinance Exhibit A's. HI. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting this change so as to allow development of the site with commercial uses and structures. IV. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Existing Conditions: The subject +0.876-acre site is undeveloped; zoned CPUD, Tamiami Crossings Commercial Planned Unit Development— but prohibited from containing buildings, thus limited to ancillary uses such as parking lot; and, designated Urban — Mixed Use District, Henderson Creek Mixed Use Subdistrict, and is within the Coastal High Hazard Area (CHHA). 2 Packet Page -853- 2/10/2015 17.A. PL20140000534/CPSS-14-3 Surrounding Land Uses: North: Undeveloped; zoned CPUD, Tamiami Crossings (approved for 235,000 s.f. of general commercial uses); and, designated Urban – Commercial District, Mixed Use Activity Center Subdistrict, and is within the CHHA. East: Preserve; zoned PUD, Artesa Pointe (approved for 325,000 s.f. of [mostly regional] commercial uses and 360 dwelling units); and, designated Urban—Mixed Use District, Henderson Creek Mixed Use Subdistrict, and is within the CHHA. South: Across Pasedo Drive, two undeveloped outparcels and Walmart Supercenter; zoned PUD, Artesa Pointe; and, designated Urban – Mixed Use District, Henderson Creek Mixed Use Subdistrict, and is within the CHHA. West: Undeveloped; zoned CPUD, Tamiami Crossings; and, designated Urban – Commercial District, Mixed Use Activity Center Subdistrict, and is within the CHHA. Further west, across SR 951, is residential development zoned PUD, Eagle Creek, and designated Urban – Mixed Use District, Urban Coastal Fringe Subdistrict and within the CHHA. V. Identification and Analysis of the Pertinent Small-Scale Comprehensive Plan (GMP) Amendment Criteria in Florida Statutes, Chapter 163.3187: (1)A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. [The subject site comprises ±0.876 acres.] (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. [As of November 19, 2014, two small scale GMP amendments have been approved in calendar year 2014, for a total of 17.04 acres (9.24+ 7.8). If the subject petition is approved, that would increase to +17.92 acres approved in 2014.] (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section. [This amendment is for a site-specific FLUM change and directly related text change.] (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. [Internal consistency will be maintained if this GMP amendment is approved.] VI. BACKGROUND AND ANALYSIS: 1) Background: Development within the Coastal High Hazard Area (CHHA): • Generally, Policy 12.2.5 of the CCME defines the Coastal High Hazard Area as the geographical area lying below the elevation of the Category 1 storm surge line as presently defined in the 2011 Southwest Florida Regional Planning Council's Hurricane Evacuation Study. (Refer to the attached Ordinance Exhibit A, FLUM, for the CHHA general boundary.) 3 Packet Page -854- 2/10/2015 17.A. PL201400005341CP3S-14-3 • Policy 12.1.2 of the CCME provides that land use plan amendments in the Category 1 hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. This amendment does not allow for a density increase beyond that allowed under the present FLUM designation. • Objective 3 and related Policies limit public expenditures in the CHHA for certain public facilities needed to support new development permitted by the Future Land Use Element. Based upon typical rule of thumb, the site acreage could accommodate <9,000_._s.f, of commercial building floor area. Further, the companion PUD amendment petition proposes no additional building floor area beyond that presently approved. Future Land Use and Zoning History: • In 2002, the subject property (as part of a larger site) was re-designated from Urban Coastal Fringe Subdistrict to Henderson Creek Mixed Use Subdistrict to allow 325,000 s.f. of [mostly regional] general commercial uses on 40 acres, and up to 360 dwelling units of which at least 200 units were required to be affordable-workforce housing units. • In 2003, the subject property (as part of a larger site), was rezoned to the Artesa Pointe PUD to allow commercial and residential development per the Henderson Creek Mixed Use Subdistrict. • Around 2006-2007, the residential portion of the Artesa Pointe PUD was developed (infrastructure installed and several dwelling units built) and the commercial portion was developed (with a Walmart Supercenter) except for outparceis. • In 2008, the subject site was rezoned from Artesa Pointe PUD to Tamiami Crossings CPUD - but prohibited from containing any buildings, thus limited to ancillary uses such as parking lot. (The property remained within the Henderson Creek Mixed Use Subdistrict whereas the balance of the 24.45-acre Tamiami Crossings CPUD was within the Mixed Use Activity Center Subdistrict.) The reason for the building prohibition on the subject site was because the site remained within the Henderson Creek Mixed Use Subdistrict and the total approved commercial square feet in that Subdistrict was allocated within the Artesa Pointe PUD. 2) Environmental Impacts: A Senior Environmental Specialist with the Collier County Surface Water and Environmental Planning Section reviewed the environmental report (for both the GMP amendment and PUD amendment petitions) and provided the following comments: The subject property is located within the Tamiami Crossing PUD and identified to be developed in its entirety. Native vegetation within the PUD includes forested pine and cypress/pine communities. Those on the subject property are dominated by slash pine. A listed species survey was conducted for the land within PUD. No listed species of evidence of listed were observed during the survey. Given the location of the property it is unlikely that listed species would use the area. The subject property is not located within a County well field protection zone. Development of the site is subject to CCME Policy 11.1.3, concerning accidental discovery of archaeological or historical sites, should any archaeological or historical sites be found on the property. A letter from the Florida Master Site File, concerning recorded archaeological or historical sites, was not provided with the application. The proposed GMP amendment will have no affect on the requirements of CCME as they relate to retention and protection of native vegetation and listed species of wildlife. 4 Packet Page -855- 2/10/2015 17.A. PL20140000534/C P S S-14-3 3) Public Facilities impacts: No issues or concerns have been identified regarding impacts upon transportation facilities, potable water, wastewater, solid waste, drainage, park and recreational facilities, schools, and EMS and fire. 4) Justification and Compatibility: • Justification: This is an infill site._of <I acre, the site abuts..the Mixed_Use Activity Center Subdistrict on two sides, the site is surrounded by commercial zoning and a preserve, the site is presently part of a CPUD and approved for ancillary commercial uses, adequate infrastructure is available, there are no environmental resource concerns. • Compatibility: The Henderson Creek Mixed Use Subdistrict limits commercial building height to 1 story and 35 feet whereas the Mixed Use Activity Center Subdistrict imposes no height limit. And, the Tamiami Crossing PUD allows 45 feet zoned height and 50 feet actual height. However, the site is adjacent to lands approved (by zoning and FLUM designation) for commercial development on three sides (Tamiami Crossings CPUD to north and west, and Artesa Pointe to south) and adjacent to a preserve area on the fourth side. The site is <1 acre so can accommodate limited commercial building area. Also, the companion Tamiami Crossing PUD amendment proposes to allow commercial building development on this site but without increasing the total building square feet presently approved in that CPUD. VII. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05 F was [duly advertised, noticed and] held on Wednesday, September 10, 2014, 5:30 p.m. at the East Naples Library, located at 8787 Tamiami Trail East, Naples, FL 34113. This NIM was advertised, noticed and held jointly for the small scale GMP amendment and PUD amendment petitions. In addition to project representatives and County staff, one member of the public was in attendance - Ms. Marjorie Student-Stirling, representing the homeowners association (HOA)for the adjacent Habitat for Humanity residential project. Richard Yovanovich, attorney for the project, and Doug Kirby, owner representative, discussed the proposed project with Ms. Student-Stirling as well as her questions regarding traffic circulation. Having no other members of the public present, the meeting was ended at approximately 5:45 pm. [synopsis prepared by David Weeks,AICP, Growth Management Manager, and Q. Grady Minor&Associates] VIII. FINDING AND CONCLUSIONS: • There are no infrastructure related concerns nor adverse environmental impact concerns. • This is an infill site of <1 acre, and abuts the Mixed Use Activity Center Subdistrict on two sides and is surrounded by commercial zoning and a preserve. • The site is presently part of a commercial PUD and approved for ancillary commercial uses. • There are no compatibility concerns. IX. LEGAL CONSIDERATIONS: This staff report has been approved as to form and legality by the Office of the County Attorney. [HFAC] X. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PL20140000534/CPSS-2014-3 to the Board of County Commissioners with a recommendation to approve for adoption and transmittal to the Florida Department of Economic Opportunity. 5 Packet Page -856- 2/10/2015 17.A. P L20140000534/CP SS-14-3 Prepared By , i= Date: David Weeks,AICP, Growth Management Manager Comprehensive Planning Section, Planning and Zoning Department Reviewed By ---/- '/ .:' �''c Date: / L( Michael Bosi,AICP, Director Planning and Zoning Department ° l7 J � r' �11/7/ _ k Approved By(:: o � j ,,7 --- Date: \ A' \k\Nick CasalanguiditAd linist`ratot `, \ Growth Management Division Petition Number: PL20140000534/CPSS-2014-3 Staff Report for December 18,2014 CCPC meeting NOTE: This petition has been scheduled for the February 10, 2015 BCC meeting. CCPC Staff Report CPSS-2014-3 G:ICDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments12014 Cycles & Small Scale Petitions12014 Small-Scale Petitions\CPSS-2014-3 Henderson Creek MUS-MUAC18\CCPC dw/11-19-14 6 Packet Page -857- 2/10/2015 17.A. ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY REMOVING A 0.88± ACRE PARCEL FROM THE BOUNDARY AND DECREASING THE SIZE OF THE HENDERSON CREEK MIXED USE SUBDISTRICT BY 2±ACRES; AND BY ADDING THE 0.88± ACRE PARCEL TO THE BOUNDARY AND INCREASING THE SIZE OF THE MIXED USE ACTIVITY CENTER NO. 18 BY 0.88± ACRES. THE SUBJECT PROPERTY IS LOCATED SOUTH OF U.S. 41, ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951), WITHIN THE TAMIAMI CROSSING CPUD, ORDINANCE NO. 2008- 50,AS AMENDED, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, CONSISTING OF 0.88± ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20140000534/CPSS-2014-3] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, KRG 951 & 41, LLC requested an amendment to the Future Land Use Element to decrease the size of the Henderson Creek Mixed Use Subdistrict by 2± acres, and increase the size of the Mixed Use Activity Center No. 18 by 0.88± acres; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and Small Scale Adoption Amendment-Rev. 1'12215 [14-CMP-00939/1 144781/1] 7 Page I of 3 Words underlined are added;words struck through have been deleted; * * * indicates break in pages Packet Page -858- (77771‘4 2/10/2015 17.A. WHEREAS, the Collier County Planning Commission (CCPC) on December 18, 2014, considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on February 10, 2015; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct arid independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. Small Scale Adoption Amendment- Rev. 1/12/15 [14-CMP-00939/1144781/1] 7 Page 2 of 3 Words underlined are added; words struck through have been deleted; * * * ind;rotnc }�raolr in .+o as Packet Page-859- 2/10/2015 17.A. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk , Chairman Approved as to form and legality: Scott A. Stone, Assistant County Attorney Attachment: Exhibit A —Proposed Text Amendment & Map Amendment Small Scale Adoption Amendment-Rev. 1/12/15 [14-CMP-00939,'11447811] 7 Page 3 of 3 Words underlined are added; words struck through have been deleted; * * * indicates break in paces Packet Page -860- i7 2/10/2015 17.A. EXHIBIT A FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** *** *** *** *** *** *** *** *** I. URBAN DESIGNATION *** *** *** *** *** *** *** *** *** *** *** *** A. Urban Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. *** *** *** *** *** *** *** *** *** *** *** *** 10. Henderson Creek Mixed Use Subdistrict The Henderson Creek Mixed Use Subdistrict consists of approximately 83 81 acres and is located east of Collier Boulevard (S.R. 951) and south of U.S. 41 (Tamiami Trail, East). The intent of the Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development; the regional commercial uses are intended to serve the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. Conversely, the primary intent of the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of affordable-workforce housing to support the commercial uses within the Subdistrict, as well as in the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. 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The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-05,AS AMENDED, THE COLLIER COUNTY.GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY REMOVING A • 0.88±ACRE PARCEL FROM THE BOUNDARY AND DECREASING THE SIZE OF THE HENDERSON CREEK MIXED USE SUBDISTRICT BY 2±ACRES;AND BY ADDING THE 0.88±ACRE PARCEL TO THE BOUNDARY AND INCREASING THE SIZE OF THE MIXED USE ACTIVITY CENTER NO.18 BY 0.88±ACRES.THE SUBJECT PROPERTY IS LOCATED SOUTH OF U.S.41,ON THE EAST SIDE OF COLLIER BOULEVARD(C.R.951),WITHIN THE TAMIAMI CROSSING CPUD, ORDINANCE NO. 2008-50, AS AMENDED, IN SECTION 3, TOWNSHIP Z 51 SOUTH, RANGE 26 EAST, CONSISTING OF 0.88± ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20140000534/CPSS- m 2014-3) to 8 . 0 AN ORDINANCE OFTHE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDAAMENDING ORDINANCE NUMBER 2008-50 WHICH ESTABLISHED THE TAMIAMI CROSSING COMMERCIAL PLANNED UNIT DEVELOPMENT TO RETAIN THE DENSITY OF 235,000 SQUARE FEET OF COMMERCIAL USES;TO REPLACE EXHIBIT C-1 MASTER PLAN FOR LARGE FORMAT RETAIL AND EXHIBIT C-2 MASTER PLAN B Z FOR MULTI-TENANT RETAILERS WITH EXHIBIT C, A NEW MASTER PLAN;TO REVISE DEVELOPMENT STANDARDS INCLUDING AN ACTUAL HEIGHT INCREASE FROM 40 TO 50 FEET AND A ZONED HEIGHT INCREASE FROM 35 TO 45 FEET; TO ADD DEVIATIONS REGARDING DIRECTORY SIGNS; AND TO MODIFY AND DELETE DEVELOPMENT COMMITMENTS.THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHEAST QUADRANT OF US 41 AND COLLIER BOULEVARD.IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.5±ACRES;AND BY PROVIDING AN N EFFECTIVE DATE.[PUDA-PL20140000477] a a 35 36 MCBJIMA E,. za 4 ,� l / PROJECT - �,-I LOOATIOM PUUA—R3014WODIl, • MOJlOT ru .0000v. �ri�ifl�,'�� — iEBOrtE (ola7 .R's asEAK • tJ z r • • Q LY1 r!s me ' M. I\ SE PIKBB[M/ B,i WALNUT REGAL LAMES �r .w 9 It Y• 'B EIBBtDt§ s 1] • All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the Planning&Zoning Department,Comprehensive Planning Stection,2800 N. Horseshoe Dr.,Naples,FL.,between the hours of 8:00 A.M.and 5:00 P.M.,Monday through Friday.Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Planning & Zoning Department:Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to Tuesday,February 10, 2015 will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK ' By: Martha VergaraDeputy Clerk(SEAL) No.231123928 January 21,2015 • Packet Page -864- COLLIER COUNTY SMALL SCALE ADOPTION GROWTH MANAGEMENT PLAN AMENDMENT Project: GMPA-PL20140000534 Petition: CPSS-2014-3 MY, A RESORT COMMUNITY � MINDING (DRI) — CYPRESS T O (DRI) 14* 33 ,PQ / 34 Tikz Jam``' 35 36 0 /GS :3- U ct 9// Oo FALLING III WATERS OR VICTORIA FALLS RESORT _ _ ' PROJECT �` LOCATION 4 ,11 ---- �• •3 2 NAPLES RESERVE /MESA , YAWING 1 LANDS END POMITE Tqy/1Lj/ C DRE,S PRESERVE DOCICSWE / I * 1;?-1 .,, ■ MOTORCOACH /GS REGAL RIVEREENO J RESORT Ti) WALNUT ACRES m LAKES — r 9 11 w 10 MARCO SHORES/ 12 FIDDLER'S CREEK( o (DRI) 0 CCPC: December 18, 2014 BCC: February 10, 2015 Clerk of Court EXECUTIVE SUMMARY Recommendation to approve (adopt) the Henderson Creek Mixed Use Subdistrict/Mixed Use Activity Center (#18) Subdistrict small-scale amendment to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL20140000534/CPSS-2014-3) [Companion to Petition PUDA-PL20140000477] OBJECTIVE: For the Board of County Commissioners (BCC) to approve (adopt) the proposed small-scale Growth Management Plan amendment and approve the amendment for transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: The subject petition is submitted as a small-scale comprehensive plan amendment. As such, per Florida Statutes, the request is heard once only by the Collier County Planning Commission and the BCC. If approved by the BCC, the petition is transmitted to the Department of Economic Opportunity (DEO). Per Chapter 163.3187, Florida Statutes, there are limitations for this type of amendment, as identified below, followed by staff comments in[brackets]. 1. Parcel must be 10 acres or less in size[subject site is +0.876 acres]. 2. The annual cumulative acreage for all small-scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year[There have been no small-scale amendments adopted in calendar year 2015]. 3. No text change to the goals, objectives and policies; only a site specific small-scale land use change to the future land use map shall be permitted. However, a text change related directly to, and adopted simultaneously with, a small-scale future land use map change amendment shall be allowed. [The proposed text change is directly related to, and is proposed to be adopted simultaneous with, a small-scale future land use map amendment]. 4. Site is not located within an Area of Critical State Concern (ACSC) [the site is not located within the ACSC]. This petition seeks to amend the Future Land Use Element (FLUE) of the Collier County Growth Management Plan to: a. Revise the Henderson Creek Mixed Use Subdistrict text to reflect removal of the subject site acreage - which is being added to Mixed Use Activity Center #18 and being re-designation as Urban Commercial District, Mixed Use Activity Center Subdistrict, and removal of additional acreage due to previous scrivener's error; b. Revise the countywide Future Land Use Map (FLUM) to reflect the removal of the subject site from the Henderson Creek Mixed Use Subdistrict; c. Revise the Henderson Creek Mixed Use Subdistrict map, part of the FLUM Series, to reflect the removal of the subject site; and d. Revise the Mixed Use Activity Center #18 map, part of the FLUM Series, to reflect addition of the subject site and it's re-designation as Urban Commercial District, Mixed Use Activity Center Subdistrict. The proposed amended Subdistrict text and maps are depicted on Ordinance Exhibit A. CPSS-2014-3, Small-Scale GMP Amendment Page 1 of 2 FINDINGS AND CONCLUSIONS: Based on the review of this petition, including the supporting data and analysis, staff makes the following findings and conclusions. • There are no infrastructure related concerns. • There are no adverse environmental impacts as a result of this petition. • This is an infill site of<1 acre, and abuts the Mixed Use Activity Center Subdistrict on two sides and is surrounded by commercial zoning and a preserve. • The site is presently part of a commercial Planned Unit Development (PUD) and approved for ancillary commercial uses. • There are no compatibility concerns. FISCAL IMPACT: The cost to process, review and advertise this petition was borne by the petitioner via application and advertisement fees. Therefore, there are no fiscal impacts to Collier County as a result of the adoption of this amendment. LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, The Community Planning Act, and by Collier County Resolution No. 12-234, as amended. The Board should consider the following criteria in making its decision: (1) consistency with the Comprehensive Plan, including analysis of impact on public infrastructure; (2) consistency with the Land Development Code, including compatibility analysis; and, (3) review of data and analysis to support the proposed amendment. This item is approved as to form and legality. It requires an affirmative vote of four for approval because this is an Adoption hearing of the GMP amendment. [SAS] GROWTH MANAGEMENT IMPACT: Adoption of the proposed amendment by the Board for transmittal to the Florida Department of Economic Opportunity will commence the thirty-day (30) challenge period for any affected person. Provided the small-scale development amendment is not challenged, it shall become effective thirty-one days (31) after Board adoption. COMPREHENSIVE PLANNING STAFF RECOMMENDATION: That the Board adopt and transmit this small-scale GMP amendment to the Florida Department of Economic Opportunity. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their December 18, 2014 meeting. The CCPC voted unanimously to forward the subject petition to the BCC with a recommendation to adopt and transmit to the Florida Department of Economic Opportunity. Prepared by: David Weeks,AICP, Growth Management Plan Manager, Comprehensive Planning Section, Planning and Zoning Department, Growth Management Division/Planning and Regulation Attachments: 1) CCPC Adoption Staff Report 2) Ordinance and Exhibit "A" text and maps 3) Project application and documentation Project application and documentation are available at: 4) http://www.colliergov.net/ftp/AgendaFeb1015/GrowthMgmt/CP55-2014-3_Petition.pdf CPSS-2014-3, Small-Scale GMP Amendment Page 2 of 2 ORIGIN13120140000534/CPSS-14-3 Co er Co-143 .ty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DIVISION/PLANNING AND REGULATION, PLANNING AND ZONING DEPARTMENT, COMPREHENSIVE PLANNING SECTION HEARING DATE: December 18, 2014 RE: PETITION PL20140000534/CPSS-2014-3, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT (Companion to petition PUDZA- PL20140000477, Tamiami Crossing) [ADOPTION HEARING] AGENT/APPLICANT/OWNERS Agents: Wayne Arnold Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Richard Yovanovich, Esq. Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Applicant: Douglas J. Kirby, P.E. KRG 951 &41 LLC 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 Owner: KRG 951 &41 LLC 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 I. GEOGRAPHIC LOCATION: The subject property, comprising +0.876 acres, is located in the southeast quadrant of Tamiami Trail East (US 41) and Collier Boulevard (SR 951), on the north side of Pasedo Drive and +100 feet east of SR 951, in Section 3, Township 51 South, Range 26 East, within the South Naples Planning Community. 1 P L20140000534/C PS S-14-3 7 tt X ..� y A r' - r � ' w tir v. �; WV, r "..tip ;'•. y r. ,� �"r r 11 � ! ,-+t 4'�r., ` , * ;. t ..rte ,s ue r� .:4 .( F �x ,i yA ,'. ..' .‘ t S.�F°Ai r79 - :I '‘ 1 ' * .r-w•vim '. y �'i \ a i • P ,4 yr ... _ l .r . LT < 1r p 4.q..^ ''€ . ,E1._-__L I i rte' .. .�` ^i pp,' 4IiiM�' GJ+F1JA�i5 A 'S` i ` 1, . 4 a-Ii...I) ii..ar ....kids.• . t' . . �Y II. REQUESTED ACTION: The applicant seeks to amend the Future Land Use Element (FLUE) text, Future Land Use Map (FLUM) and FLUM Series by: 1. Revising the Henderson Creek Mixed Use Subdistrict text to reflect removal of the subject site acreage - which is being added to Mixed Use Activity Center #18 and being re- designation as Urban Commercial District, Mixed Use Activity Center Subdistrict; 2. Revising the FLUM to reflect the removal of the subject site from the Henderson Creek Mixed Use Subdistrict; 3. Revising the Henderson Creek Mixed Use Subdistrict map, part of the FLUM Series, to reflect the removal of the subject site; and 4. Revising the Mixed Use Activity Center #18 map, part of the FLUM Series, to reflect addition of the subject site and it's re-designation as Urban Commercial District, Mixed Use Activity Center Subdistrict. The proposed amended Subdistrict text and maps are depicted on Ordinance Exhibit A's. III. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting this change so as to allow development of the site with commercial uses and structures. IV. SURROUNDING LAND USE, ZONING AND FUTURE LAND USE DESIGNATION: Existing Conditions: The subject ±0.876-acre site is undeveloped; zoned CPUD, Tamiami Crossings Commercial Planned Unit Development— but prohibited from containing buildings, thus limited to ancillary uses such as parking lot; and, designated Urban — Mixed Use District, Henderson Creek Mixed Use Subdistrict, and is within the Coastal High Hazard Area (CHHA). 2 P L20140000534/C P S S-14-3 Surrounding Land Uses: North: Undeveloped; zoned CPUD, Tamiami Crossings (approved for 235,000 s.f. of general commercial uses); and, designated Urban — Commercial District, Mixed Use Activity Center Subdistrict, and is within the CHHA. East: Preserve; zoned PUD, Artesa Pointe (approved for 325,000 s.f. of [mostly regional] commercial uses and 360 dwelling units); and, designated Urban — Mixed Use District, Henderson Creek Mixed Use Subdistrict, and is within the CHHA. South: Across Pasedo Drive, two undeveloped outparcels and Walmart Supercenter; zoned PUD, Artesa Pointe; and, designated Urban — Mixed Use District, Henderson Creek Mixed Use Subdistrict, and is within the CHHA. West: Undeveloped; zoned CPUD, Tamiami Crossings; and, designated Urban — Commercial District, Mixed Use Activity Center Subdistrict, and is within the CHHA. Further west, across SR 951, is residential development zoned PUD, Eagle Creek, and designated Urban —Mixed Use District, Urban Coastal Fringe Subdistrict and within the CHHA. V. Identification and Analysis of the Pertinent Small-Scale Comprehensive Plan (GMP) Amendment Criteria in Florida Statutes, Chapter 163.3187: (1)A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. [The subject site comprises±0.876 acres.] (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year. [As of November 19, 2014, two small scale GMP amendments have been approved in calendar year 2014, for a total of 17.04 acres (9.24+ 7.8). If the subject petition is approved, that would increase to+17.92 acres approved in 2014.] (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section. [This amendment is for a site-specific FLUM change and directly related text change.] (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. [Internal consistency will be maintained if this GMP amendment is approved.] VI. BACKGROUND AND ANALYSIS: 1) Background: Development within the Coastal High Hazard Area (CHHA): • Generally, Policy 12.2.5 of the CCME defines the Coastal High Hazard Area as the geographical area lying below the elevation of the Category 1 storm surge line as presently defined in the 2011 Southwest Florida Regional Planning Council's Hurricane Evacuation Study. (Refer to the attached Ordinance Exhibit A, FLUM, for the CHHA general boundary.) 3 PL20140000534/CPSS-14-3 • Policy 12.1.2 of the CCME provides that land use plan amendments in the Category 1 hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. This amendment does not allow for a density increase beyond that allowed under the present FLUM designation. • Objective 3 and related Policies limit public expenditures in the CHHA for certain public facilities needed to support new development permitted by the Future Land Use Element. Based upon typical rule of thumb, the site acreage could accommodate <9,000 s.f. of commercial building floor area. Further, the companion PUD amendment petition proposes no additional building floor area beyond that presently approved. Future Land Use and Zoning History: • In 2002, the subject property (as part of a larger site) was re-designated from Urban Coastal Fringe Subdistrict to Henderson Creek Mixed Use Subdistrict to allow 325,000 s.f. of [mostly regional] general commercial uses on 40 acres, and up to 360 dwelling units of which at least 200 units were required to be affordable-workforce housing units. • In 2003, the subject property (as part of a larger site), was rezoned to the Artesa Pointe PUD to allow commercial and residential development per the Henderson Creek Mixed Use Subdistrict. • Around 2006-2007, the residential portion of the Artesa Pointe PUD was developed (infrastructure installed and several dwelling units built) and the commercial portion was developed (with a Walmart Supercenter) except for outparcels, • In 2008, the subject site was rezoned from Artesa Pointe PUD to Tamiami Crossings CPUD - but prohibited from containing any buildings, thus limited to ancillary uses such as parking lot. (The property remained within the Henderson Creek Mixed Use Subdistrict whereas the balance of the 24.45-acre Tamiami Crossings CPUD was within the Mixed Use Activity Center Subdistrict.) The reason for the building prohibition on the subject site was because the site remained within the Henderson Creek Mixed Use Subdistrict and the total approved commercial square feet in that Subdistrict was allocated within the Artesa Pointe PUD. 2) Environmental Impacts: A Senior Environmental Specialist with the Collier County Surface Water and Environmental Planning Section reviewed the environmental report (for both the GMP amendment and PUD amendment petitions) and provided the following comments: The subject property is located within the Tamiami Crossing PUD and identified to be developed in its entirety. Native vegetation within the PUD includes forested pine and cypress/pine communities. Those on the subject property are dominated by slash pine. A listed species survey was conducted for the land within PUD. No listed species of evidence of listed were observed during the survey. Given the location of the property it is unlikely that listed species would use the area. The subject property is not located within a County well field protection zone. Development of the site is subject to CCME Policy 11.1.3, concerning accidental discovery of archaeological or historical sites, should any archaeological or historical sites be found on the property. A letter from the Florida Master Site File, concerning recorded archaeological or historical sites, was not provided with the application. The proposed GMP amendment will have no affect on the requirements of CCME as they relate to retention and protection of native vegetation and listed species of wildlife. 4 PL20140000534/CPSS-14-3 3) Public Facilities Impacts: No issues or concerns have been identified regarding impacts upon transportation facilities, potable water, wastewater, solid waste, drainage, park and recreational facilities, schools, and EMS and fire. 4) Justification and Compatibility: • Justification: This is aninfill site of <1 acre, the site abuts the Mixed Use Activity Center Subdistrict on two sides, the site is surrounded by commercial zoning and a preserve, the site is presently part of a CPUD and approved for ancillary commercial uses, adequate infrastructure is available, there are no environmental resource concerns. • Compatibility: The Henderson Creek Mixed Use Subdistrict limits commercial building height to 1 story and 35 feet whereas the Mixed Use Activity Center Subdistrict imposes no height limit. And, the Tamiami Crossing PUD allows 45 feet zoned height and 50 feet actual height. However, the site is adjacent to lands approved (by zoning and FLUM designation) for commercial development on three sides (Tamiami Crossings CPUD to north and west, and Artesa Pointe to south) and adjacent to a preserve area on the fourth side. The site is <1 acre so can accommodate limited commercial building area. Also, the companion Tamiami Crossing PUD amendment proposes to allow commercial building development on this site but without increasing the total building square feet presently approved in that CPUD. VII. NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: A Neighborhood Information Meeting (NIM) required by LDC Section '10.03.05 F was [duly advertised, noticed and] held on Wednesday, September 10, 2014, 5:30 p.m. at the East Naples Library, located at 8787 Tamiami Trail East, Naples, FL 34113. This NIM was advertised, noticed and held jointly for the small scale GMP amendment and PUD amendment petitions. In addition to project representatives and County staff, one member of the public was in attendance - Ms. Marjorie Student-Stirling, representing the homeowners association (HOA)for the adjacent Habitat for Humanity residential project. Richard Yovanovich, attorney for the project, and Doug Kirby, owner representative, discussed the proposed project with Ms. Student-Stirling as well as her questions regarding traffic circulation. Having no other members of the public present, the meeting was ended at approximately 5:45 pm. [synopsis prepared by David Weeks,AICP, Growth Management Manager, and Q. Grady Minor&Associates] VIII. FINDING AND CONCLUSIONS: • There are no infrastructure related concerns nor adverse environmental impact concerns. • This is an infill site of <1 acre, and abuts the Mixed Use Activity Center Subdistrict on two sides and is surrounded by commercial zoning and a preserve. • The site is presently part of a commercial PUD and approved for ancillary commercial uses. • There are no compatibility concerns. IX. LEGAL CONSIDERATIONS: This staff report has been approved as to form and legality by the Office of the County Attorney. [HFACJ X. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PL20140000534/CPSS-2014-3 to the Board of County Commissioners with a recommendation to approve for adoption and transmittal to the Florida Department of Economic Opportunity. 5 P L20140000534/CPSS-14-3 Prepared By: (. L1't— Date: I/ - 11- ,y David Weeks,AICP, Growth Management Manager Comprehensive Planning Section, Planning and Zoning Department Reviewed By: — ��c, `' Y Date: //- � � / / Michael Bosi,AICP, Director Planning and Zoning Department Approved B ! / / i/4 ���� Date: kkA i asalangui.., ' *Ani- i Growth Management Division Petition Number: PL20140000534/CPSS-2014-3 Staff Report for December 18,2014 CCPC meeting NOTE: This petition has been scheduled for the February 10,2015 BCC meeting. CCPC Staff Report CPSS-2014-3 G:ICDES Planning Services\ComprehensivelCOMP PLANNING GMP DATA\Comp Plan Amendments12014 Cycles & Small Scale Petitions\2014 Small-Scale Petitions\CPSS-2014-3 Henderson Creek MUS-MUAC18tCCPC dw/11-19-14 6 ORDINANCE NO. 15- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY REMOVING A 0.88± ACRE PARCEL FROM THE BOUNDARY AND DECREASING THE SIZE OF THE HENDERSON CREEK MIXED USE SUBDISTRICT BY 2±ACRES; AND BY ADDING THE 0.88± ACRE PARCEL TO THE BOUNDARY AND INCREASING THE SIZE OF THE MIXED USE ACTIVITY CENTER NO. 18 BY 0.88± ACRES. THE SUBJECT PROPERTY IS LOCATED SOUTH OF U.S. 41, ON THE EAST SIDE OF COLLIER BOULEVARD (C.R. 951), WITHIN THE TAMIAMI CROSSING CPUD, ORDINANCE NO. 2008- 50,AS AMENDED,IN SECTION 3,TOWNSHIP 51 SOUTH, RANGE 26 EAST, CONSISTING OF 0.88± ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20140000534/CPSS-2014-31 WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans;and WHEREAS, KRG 951 & 41, LLC requested an amendment to the Future Land Use Element to decrease the size of the Henderson Creek Mixed Use Subdistrict by 2± acres, and increase the size of the Mixed Use Activity Center No. 18 by 0.88±acres; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment;and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and Small Scale Adoption Amendment-Rev. 1/12/15 [14-CMP-00939/1144781/1] 7 Page 1 of 3 Words underlined are added;words str-tiel4-threugh have been deleted; * * * indicates break in pages �t WHEREAS, the Collier County Planning Commission (CCPC) on December 18, 2014, considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS,the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Future Land Use Map and Map Series of the Growth Management Plan on February 10, 2015; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Future Land Use Element and Future Land Use Map and Map Series in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. Small Scale Adoption Amendment-Rev. 1/12/15 [14-CMP-00939/1144781/1]7 Page 2 of 3 Words underlined are added;words stfuek—thfeugh have been deleted; * * * indicates break in pages CA PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ,2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk , Chairman Approved as to form and legality: /1z/ls Scott A. Stone, Assistant County Attorney Attachment: Exhibit A—Proposed Text Amendment&Map Amendment Small Scale Adoption Amendment-Rev. 1/12/15 [14-CMP-00939/1144781/1]7 Page 3 of 3 Words underlined are added;words stringh have been deleted; * * * indicates break in pages GP EXHIBIT A FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** *** *** *** *** *** *** *** *** I. URBAN DESIGNATION *** *** *** *** *** *** *** *** *** *** *** *** A. Urban Mixed Use District This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. *** *** *** *** *** *** *** *** *** *** *** *** 10. Henderson Creek Mixed Use Subdistrict The Henderson Creek Mixed Use Subdistrict consists of approximately 33 81 acres and is located east of Collier Boulevard (S.R. 951) and south of U.S. 41 (Tamiami Trail, East). The intent of the Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development; the regional commercial uses are intended to serve the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. Conversely, the primary intent of the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of affordable-workforce housing to support the commercial uses within the Subdistrict, as well as in the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. The entire Subdistrict shall be developed under a unified plan; this unified plan must be in the form of a Planned Unit Development. *** *** *** *** *** *** *** *** *** *** *** *** Q'SS.201I-3 Exhibit A text G:\CDES Planning Services\Comprehensive\COMP PLANNING GMP HATA\Comp Plan Amendments\2014 Cycles&Small Scale Petitions\2014 Small-Scale Petilions\Q'SS-2014.3 Henderson Creek MDS-MUAC 18\Exhibit A text and maps dw/la3t-14 S EXAM',A PETRICN:x$$32”4-3 0%� HR.NDl3 COLLIER COUNTY, FLORIDA SUBDISTRICT j a# , J f I -t''.://,‘..Y!.N,) I ' ! 4..,#.\ J.. ' REMOVE .. __—, : , ., 4,• r w ..til Illif .ROVES 1"; Mtn 1 4P. ` 411/�a+ � � � t ‘:":■;', .°111W N le `Ch fi. ,•t� fv IfpUlltt IYY '� S . uanau as Ivw 1 aal .�..t1 afw,w to 1. \1l 1 ' ( taNl, a v +s c sIp:t� ` '��mri ,s 3 dav'za14 N v { f '� M N11 f +tray fagf i .., t ow tO1af IMf p:::Mr 'r l „Li til t� �° 1 r '_ WN: F � II J , 1 LEGEND E �M ��44.. SJ STRICT PREPARED BY. 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" Al.•-• ' AIL AO . :ii.::... . / 44 mos Ii I' i , 'V„,,,„:I VAlk. 4161=16 Ma '11."41116 —11..-. •• 04,Pe \.,, , • VP .411r4IP .n. 01.„% ' NI 1 441■4140, • i r ihwagOVa‘ ''' N` .... ■ \' 14* jO ..... - N. 111111111111116, , - •.% 40# i Ae4 Th.Ma.* anew-amaal a an as a etwill1 1 ' ..,(fr' .,./„. . , ,,,,,N. . 4: ..7". 111.11111111"7-1M- IM pm.awn MIN allaar 3 Ilat IOW 11100 -16:‘11# /.p. . =umbolor um...nor ....1..r. i 1 TA %. 1..-1': -6' ) .1 ' 'a saw alma am Nana. = Iia 92111111=reee " G) PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners will hold a public hearing on February 10,2015,in the Board of County Commissioners Chamber,Third Floor,Collier County Government Center,3299 Tamiami Trail E., Naples,FL. The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY REMOVING A 0.88±ACRE PARCEL FROM THE BOUNDARY AND DECREASING THE SIZE OF THE HENDERSON CREEK MIXED USE SUBDISTRICT BY 2±ACRES;AND BY ADDING THE 0.88±ACRE PARCEL TO THE BOUNDARY AND INCREASING THE SIZE OF THE MIXED USE ACTIVITY CENTER NO.18 BY 0.88±ACRES.THE SUBJECT PROPERTY IS LOCATED SOUTH OF U.S.41,ON THE EAST SIDE OF COLLIER BOULEVARD(C.R.951),WITHIN THE TAMIAMI CROSSING CPUD, ORDINANCE NO. 2008-50, AS AMENDED, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, CONSISTING OF 0.88± ACRES; AND FURTHERMORE, RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20140000534 /CPSS- 2014-3] AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE NUMBER 2008-50 WHICH ESTABLISHED THE TAMIAMI CROSSING COMMERCIAL PLANNED UNIT DEVELOPMENT TO RETAIN THE DENSITY OF 235,000 SQUARE FEET OF COMMERCIAL USES; TO REPLACE EXHIBIT C-1 MASTER PLAN FOR LARGE FORMAT RETAIL AND EXHIBIT C-2 MASTER PLAN B FOR MULTI-TENANT RETAILERS WITH EXHIBIT C, A NEW MASTER PLAN; TO REVISE DEVELOPMENT STANDARDS INCLUDING AN ACTUAL HEIGHT INCREASE FROM 40 TO 50 FEET AND A ZONED HEIGHT INCREASE FROM 35 TO 45 FEET; TO ADD DEVIATIONS REGARDING DIRECTORY SIGNS; AND TO MODIFY AND DELETE DEVELOPMENT COMMITMENTS.THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHEAST QUADRANT OF US 41 AND COLLIER BOULEVARD IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.5±ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA-PL20140000477] LELY,A RESORT COMMUNITY AI 'Z't (DRI) CW m) ryy 33 34 �P�O mm) J 35 36 Tq�( OO NCTOR.FALLS a f Oy OJECT LOCPRATION PROJECT PUOA-PL20140000427 DCATION ,0466„/ *AREAS PL30tK0000634 3 , / RESORT CW M)S NAPLES RESERVE LANDS END EAGLE POINTE, 1, 2 PRESERVE CREEK ■ R�P)�_ fSD N. /NAPLES `�,' oTORGOnw ?s RIVERBENO i m RESORT -PO WALNUT AACCRES B LAKES r 0 11 _ MARCO SHORES/ 12 E100 'S CREEK LLRIORI)' All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the Planning&Zoning Department,Comprehensive Planning Section,2800 N. Horseshoe Dr.,Naples,FL.,between the hours of 8:00 A.M.and 5:00 PM.,Monday through Friday.Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Suite 401, Collier County Government Center, East Naples, one week prior to the scheduled hearing. Any questions pertaining to the documents should be directed to the Planning & Zoning Department, Comprehensive Planning Section.Written comments filed with the Clerk to the Board's Office prior to Tuesday,February 10, 2015 will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIM NANCE,CHAIRMAN DWIGHT E. BROCK,CLERK By: Martha VergaraDeputy Clerk(SEAL) No.231123928 January 21,2015 '4,-.1.-::-.mot • _ 5 ....„, ;,,..,_ 4--,4 � ,DES: ..,,.,•:.,„. :,..„.....„....,.▪ .. ._, .. pber 18 NAPLES DAILY NEWS = .- r .,'.'.= Published Daily F 4 , . ; _ '-r Naples,FL 34110 f -, s t,- ,, -0, r �` ` • :'[ENDING 3. - R THE Affidavit of Publication F - R , ,,IND USE 1 -{OM THE': State of Florida • ,-, a •s • E MIXED,, et i: —i: ;I 41,ON Counties of Collier and Lee NCE ND , • ' iTMENT, Before the undersigned they serve as the authority, DATE ; gn y y,personally �; ,. appeared Daniel McDermott, who on oath says that he serves as - • d ,ENDING Inside Sales Manager of the Naples Daily News, a daily V: - • .r.D uNlr news a er published at Naples, in Collier County, ; : `' Ermri,. ^_. P P p P h',Florida;� s -�,; ��-(MUCH .; distributed in Collier and Lee counties of Florida; that the ° DARDS PROM attached copy of the advertising, being a t-` s , � = R 'lam': rq a ` .�3 ,. : aNT OF : r ' .tOUNTYi`: PUBLIC NOTICE � 'ty ' - ` DD4 i r I'Y in the matter of PUBLIC NOTICE 41!';-'t '"• was published in said newspaper 1 time in the issue ,: ; = j I u on November 26, 2014. .,• 'r } 5. Affiant further says that the said Naples Daily News is a newspaper -74.,-;:.:_ _ z ; published at Naples, in said Collier County, Florida, and that the said .T _ _:- �: newspaper has heretofore been continuously published in said Collier _ - - County, Florida; distributed in Collier and Lee counties of Florida, -r - �. r_ each day and has been entered as second class mail matter at the post -4-.?, i.e. ` ; office in Naples, in said Collier County, Florida, for a period of one -' year next preceding the first publication of the attached copy of f. ,, °', seshoe advertisement; and affiant further says that he has neither paid nor rr s is wln Y p ,-• 'AY ., yV 4 � • , enter'; promised any person, firm or corporation any discount,rebate, C " '" , �'.. alntng ' commission or refund for the purpose of securing this advertisement for !b. `�10"�41 T I 'ctio d ni1=. -publication in the id n spaper. ` , �E / 5".. +e rna (Signami�re of affiant) a '�' Bence l S OPEN AT . 9;7v°ou-':: -flitles'.; Sworn to and subscribed before me 830' This 2nd day of December, 2014 Airport Road Bgard•.' `! 4).o.to...._ :199.95 dealer Prices 8 Z17.____4201. ,. (Signature of notary public) ar,S2500;cash fe or e.trade equity Pay due ments at ,tiIrP% Notary Public State of Florida Susan D Flora `ac. o-Ac My Commission FF 040250 ?opeP' Expires 07/28/2017 PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that the Collier County Planning Commission will hold a public meeting on December 18, 2014 at 9:00 A.M. in the Board of County Commissioners Chamber,Third Floor, County Government Center, 3299 Tamiami Trail East,Naples,FL. The purpose of the hearing is to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY REMOVING A 0.88±ACRE PARCEL FROM THE BOUNDARY AND DECREASING THE SIZE OF THE HENDERSON CREEK MIXED USE SUBDISTRICT BY 2±ACRES; AND BY ADDING THE 0.88±ACRE PARCEL TO THE BOUNDARY AND INCREASING THE SIZE OF THE MIXED USE ACTIVITY CENTER NO.18 BY 0.88±ACRES.THE SUBJECT PROPERTY IS LOCATED SOUTH OF U.S.41,ON THE EAST SIDE OF COLLIER BOULEVARD(C.R.951),WITHIN THE TAMIAMI CROSSING CPUD,ORDINANCE NO. 2008-50,AS AMENDED,IN SECTION 3,TOWNSHIP 51 SOUTH,RANGE 26 EAST,CONSISTING OF 0.88±ACRES; AND FURTHERMORE,RECOMMENDING TRANSMITTAL OF THE AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20140000534/CPSS-2014-3] & AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2008-50 WHICH ESTABLISHED THE TAMIAMI CROSSING COMMERCIAL PLANNED UNIT DEVELOPMENT TO RETAIN THE DENSITY OF 235,000 SQUARE FEET OF COMMERCIAL USES; TO REPLACE EXHIBIT C-1 MASTER PLAN FOR LARGE FORMAT RETAIL AND EXHIBIT C-2 MASTER PLAN B FOR MULTI- TENANT RETAILERS WITH EXHIBIT C, A NEW MASTER PLAN; TO REVISE DEVELOPMENT STANDARDS INCLUDING AN ACTUAL HEIGHT INCREASE FROM 40 TO 50 FEET AND A ZONED HEIGHT INCREASE FROM 35 TO 45 FEET; TO ADD DEVIATIONS REGARDING DIRECTORY SIGNS; AND TO MODIFY AND DELETE DEVELOPMENT COMMITMENTS. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHEAST QUADRANT OF US 41 AND COLLIER BOULEVARD IN SECTION 3,TOWNSHIP 51 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA,CONSISTING OF 24.5±ACRES;AND BY PROVIDING AN EFFECTIVE DATE. [PUDA-PL20140000477] IELY,A RESORT COMMUNITY NINDINC (OR I) CYPRESS (DR �p I) qM 33 34 ,,,C 5 35 36 R9, 00 NCTORIA FAILS yP `- S 4'/ v0 0 �.- PROJECT - LOCATION PNOJECT ' PUDA-PL2O14OOOO477 LOCATION \_` - PL2°"M OO53/ `1,e; N WATERS 'ITRE O 4 3 RESORT CWRESS NAPLES RESERVE ARIE (ORI) L PRESERVE CREErN■/ 2 72__ ...- N∎,r,\ I .w,,-,... . ■ U MOTORCOACN /�S RISERREND m RESORT / WALNUT REGAL LAKES _J ACR" ,, TO MARCO SNORES/ 12 DDDLER'S CREEK � (DRI)/_ All interested parties are invited to appear and be heard. Copies of the proposed ORDINANCES will be made available for inspection at the Planning&Zoning Department,Comprehensive Planning Section,2800 N.Horseshoe Dr., Naples, between the hours of 8:00 A.M.and 5:00 P.M., Monday through Friday. Furthermore the materials will be made available for inspection at the Collier County Clerk's Office,Fourth Floor,Collier County Government Center, 3299 Tamiami Trail East, Suite #401, Naples, one week prior to the scheduled hearing.Any questions pertaining to the documents should be directed to the Planning & Zoning Department, Comprehensive Planning Section. Written comments filed with the Clerk to the Board's Office prior to Thursday,December 18,2014,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 at such 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. Mark P.Strain,Chairman Collier County Planning Commission No.231123895 November_26,2014 COPY TAMIAMI CROSSING SMALL SCALE AMENDMENT APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN SECTION 3 TOWNSHIP 51 SOUTH RANGE 26 EAST PREPARED FOR: KRG 951 & 41, LLC 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 BY: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 And Richard D. Yovanovich, Esq. Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 June 2014 Revised September 2014 Explanation/Justification for Proposed Amendment PL20140000534/CPSS-2014-3 Henderson Creek Mixed Use Subdistrict and Mixed Use Activity Center#18 The small-scale amendment proposes to remove a 0.81 acre parcel from the Henderson Creek Mixed Use Subdistrict (HCMUS), which permits commercial land uses and redesignate the parcel to Activity Center Subdistrict (Activity Center #18). This proposed amendment will result in the entirety of the property owned by KRG 951 & 41, LLC to be within a single Future Land Use Category. There will be no additional commercial square footage requested for the subject property. The acreage figure for the Henderson Creek Subdistrict is also being rectified to indicate the actual acreage of the Subdistrict as 81.011 acres. A concurrent PUD amendment proposes to eliminate the standalone Big Box Superstore Conceptual Master Plan option and associated PUD references for the commercial PUD. The property owner wishes to pursue a development plan more similar to Exhibit C-2, also previously approved, which orients the primary buildings toward U.S. 41. The PUD amendment also proposes to eliminate the building restriction on a small portion of the site (0.81 acres) which presently is located within the Henderson Creek Mixed Use Subdistrict of the FLUE. The revised conceptual PUD Master Plan depicts two access points on U.S. 41 East. The existing zoning plan depicts three access points. After discussions with Florida Department of Transportation, the applicant has eliminated the easternmost access point. Interconnection to the neighboring Artesa Pointe PUD will be provided via the existing shared roadway with the Walmart store along the project's southern property boundary. The small 0.81 acre parcel will be relocated to the Activity Center #18 and will permit commercial uses consistent with uses previously approved as part of the Tamiami Crossings PUD. Proposed permitted uses and commercial intensity will remain as previously approved in the PUD. The Henderson Creek Mixed Use District acreage has been confirmed as 81.891 acres, the original 831 acre figure was based on Property Appraiser data. Current boundary surveys have been used to determine the acreage as amended. APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATION NUMBER DATE RECEIVED PRE-APPLICATION CONFERENCE DATE DATE SUFFICIENT 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 I. GENERAL INFORMATION A. Name of Applicant Douglas J. Kirby, P.E. Company KRG 951 &41 LLC Mailing Address 30 South Meridian Street, Suite 1100 City Indianapolis State IN Zip Code 46204 Phone Number 317-578-5165 Fax Number 317-577-5605 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 Rey City Bonita Springs State Zip Code 34134 Phone Number 239.947.1144 Fax Number 239.947.0375 Email Address warnold(a�gradyminor.com Company/Firm Richard D. Yovanovich, Esq, Coleman, Yovanovich and Koester, P.A. Mailing Address 4001 Tamiami Trail North, Suite 300 City Naples State Zip Code 34103 Phone Number 239.435.3535 Fax Number 239.435.1218 Email Address ryovanovich(a�cvklawfirm.com C. Name of Owner(s) of Record KRG 951 &41 LLC Company Kite Realty Group Mailing Address 30 South Meridian Street, Suite 1100 City Indianapolis State IN Zip Code 46204 Phone Number 317-578-5165 Fax Number 317-577-5605 D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. (Please see Exhibit I.D. attached) Page 1 of 6 KITETC II. DISCLOSURE OF INTEREST INFORMATION: A. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership 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 KRG 951 &41, LLC 100% Please see Exhibit II.B, attached 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 Percentage of Ownership Page 2 of 6 KITETC G. Date subject property acquired (2007 ) 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 A PARCEL OF LAND LOCATED IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 00°41'50" E, ALONG THE EAST LINE OF SAID SECTION 3, FOR A DISTANCE OF 1,496.21 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. 41 - TAMIAMI TRAIL (STATE ROAD 90), A 200 FOOT WIDE RIGHT-OF-WAY; THENCE RUN N 54°20'16" W, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, FOR DISTANCE OF 1,566.32 FEET; THENCE RUN S 35°39'44" W, FOR A DISTANCE OF 400.00 FEET; THENCE RUN N 54°20'16" W, FOR A DISTANCE OF 1,654.49 FEET; THENCE RUN N89°55'57" W FOR A DISTANCE OF 683.32 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 00°04'03"W FOR A DISTANCE OF 200.05 FEET; THENCE RUN NORTH 89°55'57"WEST FOR A DISTANCE OF 196.99 FEET; THENCE RUN NORTH 02°28'31" EAST FOR A DISTANCE OF 36.59 FEET; THENCE RUN NORTH 04°09'46" EAST FOR A DISTANCE OF 163.91 FEET; THENCE RUN SOUTH 89°55'57" EAST FOR A DISTANCE OF 183.75 FEET TO THE POINT OF BEGINNING; CONTAINING 0.876 ACRES, MORE OR LESS. B. GENERAL LOCATION Subject property is located in the southeast quadrant of Tamiami Trail and Collier Boulevard. C. PLANNING COMMUNITY South Naples D. TAZ 346 E. SIZE IN ACRES 0.876± F. ZONING TAMIAMI CROSSING CPUD G. SURROUNDING LAND USE PATTERN Developed and undeveloped commercial ZONING: Tamiami Crossing CPUD, Artesa Pointe PUD H. FUTURE LAND USE MAP DESIGNATION (S) Urban — Mixed Use Subdistrict, Henderson Creek Mixed-Use Subdistrict IV. TYPE OF REQUEST A. GROWTH MANAGEMENT PLAN ELEMENT(S) OR SUB-ELEMENT(S)TO BE AMENDED: Housing Element Recreation/Open Space Traffic Circulation 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 V Future Land Use Element Golden Gate Master Plan Immokalee Master Plan Page 3 of 6 KITETC B. AMEND PAGE(S) 37 OF THE Future Land Use Element AS FOLLOWS: (Use Strike through to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: Please see Exhibit IV.B C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Urban—Mixed Use Subdistrict, Henderson Creek Mixed-Use Subdistrict TO Mixed Use Activity Center Subdistrict(#18 US 41 and Collier Boulevard) D. AMEND OTHER MAP(S)AND EXHIBITS AS FOLLOWS: (Name& Page#) Henderson Creek Mixed-Use Subdistrict and Activity Center#18 E. DESCRIBE ADDITIONAL CHANGES REQUESTED: V. REQUIRED INFORMATION NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN 1" = 400'. At least one copy reduced to 8%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. GROWTH 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 Page 4 of 6 KITETC Regional Impact pursuant to Chapter 380 F.S. ? (Reference 9J-11.006(1)(a)7.a, F.A.C.) Y/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. Y Does the proposed land use cause an increase in density and/or intensity to the 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? (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 1. Provide the existing adopted Level of Service Standard (LOS, and document the impact the proposed change will have on the following public facilities: N/A Potable Water N/A Sanitary Sewer Exhibit V.E.1.c Arterial & Collector Roads: Name of specific road and LOS Tamiami Trail East(U.S. 41)and Collier Boulevard N/A Drainage N/A Solid Waste N/A Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. N/A 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. N/A Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: Zone AE Flood zone based on Flood Insurance Rate Map data(FIRM). N/A Location of wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps). N/A Traffic Congestion Boundary, if applicable. Y Coastal Management Boundary, if applicable. N/A High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (Identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION Page 5 of 6 KITETC $16,700.00 non-refundable filing fee, made payable to the Board of County Commissioners, due at time of submittal. Provided $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 6 of 6 KITETC i a.t-1.h.,..�. ":' .,w., n .,�,ucu uvw." wa rw..,k:. -wv.,a.x4.,.»4. �"nz'aw,3ext.. e,+.w`�n. k�,.,.. w<vawr:...4" x✓. M � � EXHIBIT 1 D V SS 1 1 I S �.��N Tamiami Crossing Small Scale Amendment Exhibit I.D. Professional Consultants Planning/Project Management: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 239.947.1144 239.947.0375 fax warnold @gradyminor.com Richard D. Yovanovich, Esq Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 239.435.3535 239.435.1218 fax ryovanovich @cyklawfirm.com Transportation: James M. Banks, P.E., President JMB Transportation Engineering, Inc. 761 21st Street NW Naples, FL 34120 239.919.2767 jmbswte @msn.com Environmental: Boylan Environmental Consultants, Inc. Kim Schlachta 11000 Metro Parkway, Suite #4 Fort Myers, FL 33966 (239) 418-0671 (239) 418-0672 fax kims anboylanenv.com EXHIBIT I.D. Page 1 of 5 D. Wayne Arnold, AICP ICI Principal, Director of Planning GradyMinor Education Mr. Arnold is a Principal and co-owner of the firm and serves as the • Master of Urban Planning, Secretary/Treasurer and Director of Planning. As Director of Planning, Mr. University of Kansas, Arnold is responsible for and oversees services related to plan amendments, Lawrence property rezonings, expert witness testimony, ROW Acquisition, public • Bachelor of Science,Urban participation facilitation, and project management. Mr. Arnold previously and Regional served as the Planning Services Director at Collier County, where he oversaw Planning/Geography, the County's zoning, comprehensive planning, engineering, platting and Missouri State University Metropolitan Planning Organization (MPO) functions. Mr. Arnold also has Professional Registrations/ prior Florida planning experience with Palm Beach County Government and Affiliations the South Florida Water Management District. • American Institute of Mr. Arnold has been accepted as an expert in land planning matters in local and Certified Planners(AICP) • American Planning state proceedings. Association(APA) • Urban Land Institute, S.W. Florida Chapter,Board of Relevant Projects Directors 1996 • Collier County Rural Fringe • Collier County Growth Management Plan Committee,Chairman, 1999 • Marco Island Master Plan • Collier County Streetscape • Immokalee Area Master Plan Ad hoc Committee, 1999 Collier County Land Development Code •• Leadership Collier,Class of 2000 • Logan Boulevard Right-of-Way Acquisition Planning Analysis • Bonita Springs Chamber of • U.S. 41 Right-of-Way Expansion Planning Analysis Commerce Government • Copeland Zoning Overlay Affairs Committee • Collier County Government Center Development of Regional Impact(DRI) • Collier Building Industry • Winding Cypress DRI Association,Board of • Pine Ridge/Goodlette Road Commercial Infill District Directors • Lely Lakes PUD Rezoning • Collier County Jr.Deputy • Henderson Creek Planned Development/Growth Management Plan League,Inc.,Board of Directors Amendment • Orangetree (Settlement Area) Growth Management Plan Amendment • Mercato Mixed Use Planned Development • North Point DRI/MPD • Vornado RPUD meSZT R 'N t,' • Orange Blossom Ranch MPD • Palermo Cove RPD e Q. Grady Minor&Associates, P.A. Civil Engineers•Surveyors•Land Planners •Landscape Architects EXHIBIT I.D. Page 2 of 5 Richard D. Yovanovich Rich Yovanovich is one of the firm's shareholders. He moved to Naples in 1990 and was an Assistant County Attorney for Collier County from 1990-1994. As an Assistant County Attorney he focused on land development and construction matters. Since entering private practice in 1994,Mr.Yovanovich has represented property owners through the entitlement process before local and state agencies. His representation includes project ranging from small residential and commercial projects to large developments of regional impact. Professional Activities/Associations The Florida Bar Collier County Bar Association Civic/Charitable Activities/Associations Member,Furman University Trustees Council,2007- Chairman,Leadership Collier Foundation Alumni Assoc. Member,Board of Directors,Holocaust Museum 2007— Member,Leadership Collier,Class of 2000 Member,Board of Directors,CBIA(Director 2004-2008, Vice President 2006-2007) Member,Board of Director,Immokalee Friendship House Member,Board of Director,Avow Hospice 2011- Member,Florida Trend Legal Elite Elder,Vanderbilt Presbyterian Church Bar &Court Admission Florida, 1988 U.S District Court,Middle District of Florida U.S.Court of Appeals,Eleventh Circuit Education University of South Carolina J.D., 1987 J.Ed., 1986 Furman University B.A.,cum laude, 1983 EXHIBIT I.D. Page 5 of 5 JMB Transportation Engineering, Inc. .• Key Personnel-James M. Banks, P.E., President JAMES M. BANKS, P.E., PRESIDENT Certifications&Positions Bachelor of Science Degree in Civil Engineering - University of Kentucky, 1986 Professional Engineer- State of Florida—Reg. No.43860, 1991 to Present JMB Transportation Engineering, Inc., President/Owner—2007 to Present Q&E Overview Mr. Banks has been actively involved in the fields of traffic/transportation engineering and planning since 1987. During the past 25 years, he has developed a comprehensive knowledge within these disciplines and is regarded as an expert within his profession. Mr. Banks has represented a wide range of clientele in both the public and private sectors. Public sector clients include airport authorities & FAA, local and state municipalities, county commissions, public school boards, city councils, planning boards, and city/county attorneys. Private sector clients have been land planners, land use attorneys, right-of-way acquisition attorneys, engineers, surveyors, architects and developers. Corridor Planning Mr. Banks has conducted a significant number of roadway corridor studies for both the public and private sectors. His work efforts included developing a comprehensive and strategic corridor improvement plan to meet the long term transportation objectives for the area. By forecasting area- wide long range traffic demands, Mr. Banks developed transportation needs plans in order to ensure adequate roadway capacity. Example projects are Alico Road Six-Laning, Lee Boulevard Improvements, Southwest International Airport's Transportation Needs Plan, Bonita Beach Road Access Management Plan, and Fort Myers Beach - Time Square Traffic Circulation Study. Transportation Design Mr. Banks has been engineer of record on numerous transportation design projects; such as, complex intersection design, signalization, street lighting, maintenance of traffic plans, signing and pavement marking plans, vehicular accident analysis, major roadway improvement design,traffic calming plans, railroad crossing design, and access management plans. Projects include Colonial Boulevard Improvements, Immokalee Road Widening Project, Lee Boulevard Six-Laning, Bonita Beach Road and Alico Road Widening. Expert Witness Mr. Banks has provided expert witness testimony at numerous court proceedings and public hearings regarding traffic/transportation related matters. He has testified in various forums; such as, county commission meetings, hearing examiner reviews, courts of law, public workshops, port authority meetings, and peer review functions. Types of issues that Mr. Banks provided testimony for were right-of-way acquisition cases;zoning and land use amendments, land development projects, corridor studies, roadway improvement projects, transportation improvement projects, and airport construction projects. EXHIBIT I.D. Page 3 of 5 Boylan Environmental Consultants O nt� Wetland& Surveys,Environ ental Permitting, �.7 Impact Assessment CURRENT RESPONSIBILITIES Kimberly Schlachta, CSE Ms. Schlachta is responsible for project management, Senior Environmental Scientist and assisting in the management and technical supervision of environmental staff. The Clientele Ms. Experience: Schlachta works with include the private and public o 12+Years sectors. Education: o Auburn University,BS 1997 RELEVANT EXPERIENCE Since 1998, Ms. Schlachta has managed projects, Professional Affiliations: conducted fieldwork, and produced reports and o Florida Association of Environmental applications for environmental land use planning, Professionals permitting and development. These projects include o National Association of Environmental due diligence assessments for land acquisition Professionals purposes, assistance with environmental land o Certified Senior Ecologist-Ecological planning, coordination on permitting and mitigation Society of America design for wetlands and wildlife, and compliance o Soils and Water Conservation Society monitoring of projects during and after construction. o Association of Southeastern Biologists PROJECT EXPERIENCE Certification: o Artesa MPUD: Corps and SFWMD Permitting, o FWC—Permit GTA-09-00021 a FWS/FWC coordination on Florida Panther Gopher Tortoise Authorized Agent impacts, Gopher Tortoise relocation and wetland Areas of Expertise: mitigation design in Collier County o Vegetation and Habitat Mapping utilizing o Bonita 75 CPD: Commercial Land Use Permitting ACAD,GPS in the City of Bonita Springs o Corps and State Wetland Delineation o Camp Keais and Shaggy Strand: Wetland o Impact Assessment Monitoring for Collier Enterprises in Collier o Wildlife Surveys and Relocations County o Gopher Tortoise Surveys,Bucket Trapping, o Coconut Point/Simon Suncoast Mall: Environmental Excavation&Relocation Permit Compliance and Monitoring o Wildlife Habitat Management Planning and o Lee County Halfway Creek Water Quality Permitting Improvements: DEP and Corps Permitting for a o Habitat Restoration and Mitigation Design Restoration Plan in Lee County o Environmental Land Use Permitting and o Imperial Marsh: Permit Compliance and Rezoning Monitoring for Lee County Mitigation Site in Lee o Local, State and Federal Environmental County Permitting o Pine Ridge Center: Corps and SFWMD Permitting, o Post Permit Compliance and Monitoring coordination on RCW habitat, Monitoring and o Planning and Management of Gopher Compliance in Collier County Tortoise Relocation Sites o S.R. 31 Improvements: Caracara Survey and Monitoring for FDOT project in Charlotte County. Contact Information: o SR 78 & SR 29 Realignment: SEIR and Boylan Environmental Consultants Environmental Permitting for FDOT in Hendry 11000 Metro Parkway, Suite 4 o Tamiami Crossing CPD: Land Use Permitting and Fort Myers,Florida 33966 Environmental Permitting in Collier County Telephone: (239)418-0671 C o Wulfert Point Estates: SFWMD Permitting and Fax: (239)418-0672 Wildlife Coordination on Gopher Tortoise and Email: kimsaa,boylanenv.com Bald Eagle on Sanibel. Web: www.boylanenv.com EXHIBIT I.D. Page 4 of 5 i EXHIBIT II . B . ,„ DISCLOSURE OF INTEREST AND ARTICLES OF INRPORATION EXHIBIT II.B DISCLOSURE OF INTEREST INFORMATION 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. KRG 951 &41 LLC 30 South Meridian Street, Suite 1100 Indianapolis, Indiana 46204 Name and Address, and Office Percentage of Stock KRG 951 & 41 LLC 100% 30 South Meridian Street, Suite 1100 Indianapolis, Indiana 46204 Thomas K. McGowen, President , COO 0% Douglas J. Kirby 0% Senior Project Manager, Pre-Development Manager/Member Kite Realty Group, L.P. 100% 30 South Meridian St., Suite 1100 Indianapolis, In 46204 General Partner Kite Realty Group, L.P. 100 30 South Meridian St., Suite 1100 Indianapolis, In 46204 Trustees: Alvin E. Kite, Jr. 0% John A. Kite 0% Exhibit II.B Page 1 of 1 COPY EXHIBITIV. B . � O POS E D GROWTH b�\ L p T I, Exhibit IV.B Amended Language Revise Text on Page 37 of the FUTURE LAND USE ELEMENT FUTURE LAND USE DESIGNATION *** *** *** *** xxx Text break *** *** *** *** *** (XV)I. URBAN DESIGNATION *** *** *** *** xxx Text break xxx *** *** *** *** A. Urban Mixed Use District *** *** *** *** xxx Text break *** *** *** *** *** ii 1 (VI)(XV) 10. Henderson Creek Mixed Use Subdistrict ? The Henderson Creek Mixed Use Subdistrict consists of approximately 83 81± acres and is located east of Collier Boulevard (S.R. 951) and south of U.S. 41 j (Tamiami Trail, East). The intent of the Subdistrict is primarily to provide for a mixture of regional commercial uses and residential development; the regional 1 commercial uses are intended to serve the South Naples and Royal Fakapalm 1 Planning Communities, and the Marco Island area. Conversely, the primary intent of the Subdistrict is not to provide for community and neighborhood commercial uses. The focus of the residential component of the Subdistrict shall be the provision of affordable-workforce housing to support the commercial uses within the Subdistrict, as well as in the South Naples and Royal Fakapalm Planning Communities, and the Marco Island area. The entire Subdistrict shall be developed under a unified plan; this unified plan must be in the form of a Planned Unit Development. 0 Exhibit IV.B Page 1 of 1 COPY"‘, EXHIBIT V.A. LAND USE . p NV OS LI VI. • Ma VA 1_kV IN NIA.," NI .�9 IWVIWVI—31111N ONINNV1_ —Cl , `°MN 4 r v o o . t .41-...,,.,,, ce t ( r - A - . . - - - - - I fit ° s cE a 1 W x,41' # «3',,,t• . , �". > z " U J m W .ti i a °z e't ;� r ' �' w ca aw i p A e Q 4 D ON 2Q ' 4r �f. 2 a. N= OW ' 1 V ij a.ce Imo m• of ` pK J 1 r4# ww w U g W ' D O e N LO IL , .: `�, c . i ^ f ;� L F Na '' o zW _, „s Pa o u) N D _ 's _ ' 3 0 U ' t c Q 2 d' N 2M W - J e 1-O]2 •a. yam.- ❑U U U r� .,.,,,w.,,,,,yy,,„, __ . . w —1.000404.. .... `s`. COLLER 6 .r.,..a,: ,�,�....,. _ OULEVARD(C.R.951 ""°....m.... 0aa1 `”'' •w� e Mr NMI Oil MI ille um I= NE ow .1 7 O 65 5 D G I :;: i 2 ,e 5. 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N w =g �w w w /�� 10.4.10, m T ?D N E h $i 3 .` R N = . w Q 11111111111111111(I ' r ",= Low „ i0 o°: ■ [ ' I X r NU) v MX.4ii })J\ / � � ` C r I W Y; tc, / � , m N w o o H t VZ�!Sr �E �// � $ ' a Qou u �/./ .. 0 - p > u CO i— . ti ih... iipririMEML N I � k'.r�:<fr�.. ._ — 7 mecti,CO a pi U€ Z 2 m o ��_ Gulf of w x�<n a u) 3a W X rwowmw 2 w 0 S 94 1 S L4 1 S 9ti 1 N3���� S 64 1 SOS 1 S l5 1 c�i ¢�a3 1 S £S 1 Z O H 11 omoZr- v»�wm w w cAaoUo pII w> 5 =O H w U X Q m Exhibit V.B. Page 1 of 3 HENDERSON CREEK MIXED—USE SUBDISTRICT COLLIER COUNTY, FLORIDA rook, fie, 4 O #Ats e9 ir s-, r v''L Go — #i�4101100, 7 — • /1111111 ��i . . ...1111.... �1 PROPOSED TO BE REMOVED FROM iilov���„A, HEN DER SON CREEK -•' =,'-_ � MIXED USE SUBDISTRICT ,' ZW It ���mlgl ( , ` \\ ',. PROJECT LOCATION i IA 111* 1:4 011 i HENDERSON CREEK ^ MIXED USE SUBDISTRICT ■ • 1 Al N gr � X11111111111111111111 /11111111111111111111 44.fiununumnuu 1 N P1111111/11 .umlllliu.:�N�i..�Irrinnununmm liib 1�II.%r11111111i a IIIimo �-1111111 mil w—x/111111 ����1111,11 r Jl��ii■11111 1111111111111■■ �IIIIIIIIIIIIIIIIIIIIII J is 1 iII._.- MANATEE ROAD r HENDERSON CREEK MIXED USE DISTRICT=81.89+/-Acres LEGEND SCALE \\ SUBDISTRICT PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 0 1000 FT. 2000 FT. DATE: 5/02 FILE: CP-2001-04-A.DWG ADOPTED MAY 14, 2002 BY ORDINANCE NO. 2002-24 (CP-2001-4) Exhibit V.B. Page 2 of 3 4 'l N ^ EEEy{ i a W 3 N N W N Z �/ ? �' , 0 Z ie°o m— z 8 y :$ U a ILL'2 w k' i s 5 d- E s o u 6 0 w z C r i Z N Z W U N . m u- H " 8 owe 1 ° J > z o z iso F7- J Z O 0 El O Q W O W S s Q m z aW U a q �aa q�• e 1 ��\\\\\\\\\\1 4 ��\\\\W\\\\\\ o ce W` • Opp F W��r ' 11pp1114 a„ Vw_ow. �� 1111 O a>WUN It, �ffrA�� g I—�caZa 1 t cigawyS E I/I 43i ® `Op'I111111 -= %O♦�� II�� C 10111111111111110 ..4(&A111111111111111111a U `%bg� i_1441 °/; 1 g . ,. o • ,,.--, ,, , „, ,, „ 9 p...,*yr s'4 .! U O Q al *AN eA 1 •• .40 ob 1— 1; ili �1� 1, co ci '�� Iii... °� $3 4 lik E. fr. i il < wil‘ i ILA i ��4 u) ,.. � ��� w Os © •.■i � r... �L��` Y CU •• 1 N •o 4 * . Et MUM IrM=11 11,- -----"..r-f A 0 cn 0 Z W Exhibit V.B. Page 3 of 3 i COP y � V. C • ENVIRONMENTAL 20 � Ycar. of Excellence Tamiami Crossing Section 3; Township 50 South; Range 26 East Collier County,Florida Protected Species Survey June 2014 Project No.2014-9 ar 11000 Metro Parkway Suite 4 Fort Myers, Florida 33966 (239)418-0671 phone/(239)418-0672 fax EXHIBIT V . Page 1 of 20 Tamiami Crossing Protected Species Survey INTRODUCTION An environmental scientist from Boylan Environmental Consultants, Inc. conducted a field investigation on the 25.45±acre property on February 18th and 19th, 2014. The site is located in portions of Section 3, Township 50 South, and Range 26 East in Collier County, Florida. Specifically, it is situated directly south of US 41 and east of CR 951. Please see the attached Project Location Map Exhibit A. The purpose of the field investigation was to identify and document the presence of any listed species and any potential listed (endangered, threatened, etc.) species inhabiting the site that are regulated by the U.S. Fish & Wildlife Service (USFWS) and the Florida Fish & Wildlife Conservation Commission(FWC). METHODOLOGY The survey method consisted of overlapping belt transects performed for all FLUCFCS communities onsite in compliance with the Collier County Land Development Code 10.02.02.A.4.g.i. This survey is comprised of a several step process. This survey is comprised of a several step process. First, vegetation communities or land-uses on the study area are delineated using the Florida Land Use, Cover and Forms Classification System (FLUCFCS). Please see the attached FLUCFCS Map Exhibit B and FLUCFCS Map with Aerial Exhibit C. Next, the FLUCFCS codes are cross-referenced with the Protected Species List. This protected species list names the species which have a probability of occurring in any particular FLUCFCS community. 4111) An intensive pedestrian survey is conducted using parallel belt transects that are approximately 10-40 feet apart, depending upon both the thickness of vegetation and visibility, as a means of searching for plants and animals. In addition, periodic "stop-look-listen" and quiet stalking methods are conducted for animals. Signs or sightings of these species are then recorded and are marked in the field with flagging tape. The table at end of the report lists the FLUCFCS communities found on the parcel and the corresponding species which have a probability of occurring in them. Transects were walked approximately as shown on the attached Protected Species Survey Map Exhibit D and Protected Species Survey Map with Aerial Exhibit E. TABLE 1: SURVEY DATE AND WEATHER CONDITIONS d v Feb 18' 2014 8:00 AM- Clear and sunny with light winds and temperatures in the 3:00 PM low to mid 70's Feb 19 2014 8:00 AM- Clear and sunny with light winds and temperatures in the ' 12:00 PM low to mid 70's 111/1! Boylan Environmental Consultants, Inc. 2 EXHIBIT V.C. Page 2 of 20 Tamiami Crossing Protected Species Survey EXISTING SITE CONDITIONS Site Details—The boundary is approximate and based upon GIS and assumed to be 25.45+acres. The site was undeveloped but appears to have a long history of disturbance as the surrounding areas have been developed. In general, the property is composed of cypress/pine/cabbage palm and pine flatwoods. The site is bordered by roadways and commercial development. Soil Type - The soils on the property have been mapped by the National Resource Conservation Service (NRCS, formerly the Soil Conservation Service). Please see the attached NRCS Soils Map Exhibit F. These mappings are general in nature, but can provide a certain level of information about the site as to the possible extent of wetland area. According to these mappings, the parcel is underlain by Oldsmar Fine Sand, Limestone Substratum (10; non- hydric); Hallandale Fine Sand (11; non-hydric); and Pineda Fine Sand, Limestone Substratum (14; hydric). Vegetation Communities— Each community was mapped in the field according to the system in use by the agencies, the Florida Land Use Cover and Forms Classification System (FLUCFCS). Listed below are the vegetation communities or land-uses identified on the site. Vegetation is one parameter used in determining the presence of a wetland; the other parameters include the presence of wetland hydrology and hydric soils. These community mappings will generally reflect whether an area could be considered as wetlands. We identified approximately 14.04± acres of potential jurisdictional wetland communities on the site. The following descriptions correspond to the mappings on the attached FLUCFCS map. See Florida Land Use, Cover and Forms Classification System(Department of Transportation 1999) for definitions. FLUCFCS CODES/DESCRIPTION 260 Other Open Lands(1.51±acres) This upland community has a nearly absent canopy with scattered live oak(Quercus virginiana), slash pine(Pinus elliottii),java plum(Syzygium cumini), Brazilian pepper (Schinus terebinthifolius), and cabbage palm(Sabal palmetto). The sub-canopy vegetation include wax myrtle (Morella cerifera) and Brazilian pepper. Other vegetation found in the groundcover includes grape vine(Vitis vinifera), dog fennel(Eupatorium capillifolium),buttonweed(Diodia virginiana), smilax(Smilax spp.),nut sedge(Cyperus spp.), finger grass (Eustachys floridana), broomsedge(Andropogon glomeratus), and poison ivy(Toxicodendron radicans). This area has furrows and swales reminiscent of an abandoned agriculture row crop field. An aerial dated from 1963 shows the area in agricultural use. 411 Pine Flatwoods(9.45±acres) This upland forested community has a canopy dominated by Florida slash pine with scattered cabbage palm. The sub-canopy in some areas consisted of scattered Brazilian pepper, live oak,myrsine (Myrsine guianensis),beautyberry(Callicarpa americana), downy rose myrtle(Rhodomyrtus tomentosa),and scattered melaleuca(Melaleuca quinquenervia). Saw palmetto(Serenoa repens)dominated most of the under story in these areas. Other vegetation noted includes sumac (Rh us copallina), smilax,poison ivy, Boylan Environmental Consultants,Inc. 3 EXHIBIT V.C. Page 3 of 20 Tamiami Crossing Protected Species Survey love vine(Cassytha filiformis), grape vine, fingergrass,wax myrtle, and earleaf acacia (Acacia auriculiformis). 422 Brazilian Pepper (0.41±acres) This upland community type occupies 0.41±acres of the property. The canopy is open. The sub-canopy is dominated by Brazilian pepper and wax myrtle. The ground cover includes Brazilian pepper, saw palmetto, and grape vine. 624 Pine-Cypress-Cabbage Palm(12.20±acres) This community has a canopy comprised of scattered cypress (Taxodium spp.), cabbage palm, laurel oak(Quercus laurifolia),red maple(Acer rubrum),Brazilian pepper, melaleuca, and Florida slash pine. The sub-canopy is comprised of saltbush(Baccharis halimifolia), scattered buttonbush(Cephalanthus occidentalis),melaleuca,wild coffee (Psychotria nervosa),myrsine,cypress, Brazilian pepper and wax myrtle. The groundcover was dominated by swamp fern(Blechnum serrulatum)in most areas with other vegetation including blue maidencane(Amphicarpum muhlenbergianum), rosy camphorweed(Pluchea rosea), dog fennel, St. John's Wort(Hypericum spp.),water pennywort(Hydrocotyle spp.), tickseed(Coreopsis foridana), cordgrass (Spartina bakeri), yellow-eyed grass(Xyris spp.), and sawgrass(Cladium jamaicense)with some scatted areas of grapevine or poison ivy. This community was the most common found throughout the site. 625 Hydric Pine Flatwoods(1.70±acres) This wetland community has a sparse canopy comprised of scattered slash pine. Other canopy trees noted include cypress, dahoon holly(Ilex cassine), and cabbage palm. The sub-canopy species noted included scattered buttonbush, saltbush and wax myrtle. Ground cover was dominated by grasses and herbaceous vegetation. These hydric species included St. John's Wort,beak rush(Rhyncospora spp.), and blue maidencane. Algal matting was present in these areas. 814 Roads and Trails (0.11±acres) This area includes the access to the adjacent development and is compose of a paved road with associated fill, curbing, sidewalk, and landscaping. 830H Utility Easement,Hydric(0.18±acres) This herbaceous wetland community was dominated by blue maidencane in most areas with other vegetation including St. John's Wort, tickseed, smilax, sawgrass, dog fennel, and yellow-eyed grass. Boylan Environmental Consultants,Inc. 4 EXHIBIT V.C. Page 4 of 20 Tamiami Crossing Protected Species Survey TABLE 2: FLUCFCS COMMUNITY TABLE rt. ' 260 Other Open Lands,Rural 1.51±ac. 411 Pine Flatwoods 9.38±ac. 422 Brazilian Pepper 0.41±ac. 624 Cypress/Pine/Cabbage Palm 12.20±ac. 625 Hydric Pine Flatwoods 1.66±ac. 814 Roads 0.11±ac. 830H Utilities, Hydric 0.18±ac. " ' mil , ...Stitii 25.45+ac. SPECIES PRESENCE No protected species or signs thereof were observed on-site. No nest-like structures or tree cavities were noted,and gopher tortoise burrows were not identified. DISCUSSION The lack of tortoise burrows is likely due to the relatively high water tables in the area and the lack of habitat. Due to the disturbed nature of the site, the abundance of exotic plant species, and the historic land-use of the site, it is unlikely that this site supports or would provide habitat for protected species. Due to the fragmented and isolated nature of the forested portions of the property, it appears unlikely fox squirrels would utilize the property. In addition, due the lack of corridors or contiguous habitat of the property with off-site areas, it is not anticipated that other listed species would occupy the property. The nearby roads also create a barrier and a hazard to other animals. Other non-listed animal species noted was the black bear(Ursus americanus). Community locations were estimated and drawn by using a non-rectified aerial with approximate property boundaries hence, their location, aerial extent, and acreage is approximate. Boylan Environmental Consultants,Inc. 5 EXHIBIT V.C. Page 5 of 20 U S > U U U U U U U U U vi F � H c. H � H H y y y F y rn rn 1 y V] VI V] VI V7 VI VI Vj VI y 7.4 sZ, H 16 a) o 11111111111111111111111M uiIIIIiuhiIiIilIIIII i 111111111111111111111111 iIuuhluhIiuu000J V V,, V1 , ,/l ,n V1 U .N.'> �' rn U rn rn rn 0 U U U 6 i m Vl v b `A`' 4. g U t U : : . J : V) A Cf II A O ti A .- 50 ,3 c p, Cp c c � � � W v] F q q U 'b F m H al z x U C..) 4 a . ° 2 r 19) Al t.' u c r 5 o a a. a d n w ;` o I~ c ,m ›, II `, PO o d a Cl.44 *C i rj x " e Tb is, R w a x o n = Ca a o O O a u W a a m m O o 7c74 i Con cr U u. "' C� o z AG Al ' o CA v x U at H aU N V n EXHIBIT V.C. Page 6 of 20 I Tamiami Crossing Protected Species Survey C OExhibit A Project Location Map 1 C Boylan Environmental Consultants,Inc. EXHIBIT V.C. Page 7 of 20 4 1 ■ \ �� ` , 1�n ... 1 HENDRY : ��'"^.�� �>)4�. y.aU ` 14- 1 I1 e` 11, .., i�'l 4 S1li, ti � ��i til S;° . �tNt 11111111111111,- '`► s' . t 11� � COLLIER Dirt inn 1 °j .- its- ,tea \ \ ti fr t1 " MONROE •'e, M_ 2 s 4,t .> L ;VIS BLVD IMF 2 'NIir cic e_, ,„ Z Q a1 L a ▪ THOMASSpN•DR RATTLESNAKE HAMMOCK cai O• O • • to 1 S r e ol 2 M J m ti 0 i co } ¢w N ° • Project Location 0 \,,,,,.. - iiitih.t o ' I r 7 t } A�'44,/� •1 ,,,,,,r o �e J ny _I • v3G.rys�f4' it ta Z \?1 09i cP ..„..i.,ropp.c,;,,,,. , . 3eu.,,.%.c-r•-, ,--, e I 7 i 1-..\ji 11 \ uw D c aw �e Exhib Number Boylan 11 COO Metro Parkway,Suite 4 TAMIAMI CROSSING BKM 2/17/14 Environments Fen Myers,FL 33966 oti""M p w r..w, Phone'(239)41 8-0671 Consultants, Inc. Fax:(232)41S-0672 2/17/14 14 Location Ma .39)419-6672 LOCATION MAP Map � � g. Wells.&Wiylih surveys. h run amlx�.vuime. c,.." &Impact Asselamen 2014-9 Collier EXHIBIT V.C. Page 8 of 20 Tamiami Crossing Protected Species Survey Exhibit B FLUCFCS Map Boylan Environmental Consultants, Inc. EXHIBIT V.C. Page 9 of 20 8 k_ Z If o� as a Z_ —[n-4IC}-ECE :- W`° y 0 ='e ogg Q7 1io S z u 7.1 d K O 3N LL 0 Q U ¢o < I� uaz ua o t-_1 O� w LL- 2 LL a w Z � M o 7`n< 3'o v_Lv Z 3--..4 1111 u v' w _II • • J• +1 N 8 O U ill-8- II N — LID v +1 0 < CO • • I 17 • • • " • • 4 • . • • • • 1 4 4 r a . +1 Cl)� Q. ft'. • • ' ' Cl) > • i • " 0 • • • • • L . ,,C1 CV CO U Cl) j • ' U• • • • t( 11. • E" . . D . e.-... R• +1 . • • • " \H�! U s s __ g _ Z in n 1 U 1D < ' to r _.g 1D O O O Q • .D • N - r Cs a a a a a a a co O • • .. ~ Inf c°�i ° r1 01 .. "1 ' • +1 0 •r • 4 4 4 4 4 NI •••••• • U . { .D N N �I d• Q ' • u • n • N tt7 a CO+I 41 • D O • N O • O • • • to o J E E N Q ' U � Q ♦ . • • • In • 0 >4 O N . o U t 1 a. ... c N • • ' • ' • ' i II C1 E Ot O x I- O m 0 m 0 C +I O 1D aS m ° O .. , LT_ = d 0 m 1 y U N _ co — o 'amomet D y; O N 4 U 0 0 <D r a a In v z 0 3, a v v m 2ND ap r., O #33130:A9 031101d Wd7S:2!-7102 X72 Nrr d3,W SjJ3111J:93,1 9310'Sd3,1I 353,2 39NISS0tl3 I3VI#V!\473 1/49N199oti3 IWVIWYl 6-7nflz\4102\739\'X F+-1 EXHIBIT V.C. Page 10 of 20 Tamiami Crossing Protected Species Survey Exhibit C FLUCFCS Map with Aerial Boylan Environmental Consultants,Inc. EXHIBIT V.C. Page 11 of 20 Tamiami Crossing Protected Species Survey Exhibit D Protected Species Survey Map Boylan Environmental Consultants,Inc. EXHIBIT V.C. Page 13 of 20 $ 0 ,t P m= uo a c11 Q Z-+—{0- .— r LL - 4 g W oN g N E o a ".1-- w O 0 U N • < 7 H Z¢ E p LL- Z ce U + > J C -H /) w w N a o N 2 J CO vi LLo- 4£y w w M U) cE 0 J i V u J O} W J i + \ c i o + /! dU i \ CC C • \ t, -'-t C- .. . . — - ,n — ✓y _ CJ .— Q — c`"i d� Il t U CI". GS` a a i i — '.—.a + i — —d S4.--< —.4'_ Q"—,— ------ T T ,a-- a T_a--�S9 J_,._ 0 l_.r—i--� ---tf3---.- a c 0 ' aja'0i ji L. — — — -- –> -�---r- r-r U 0) 1 ; U MI) __ 4+.._, CZ CI) a o C23 SL___.._ .�.. -- — _ a . C.4.,_• . a '--' - -- - —_——� �� --,—, car Q �° m �' h a a .� --.. r_._,- -�- -,--- ` J NO CO tf) 8 rte. v. LO O O ,- �> a i " -'f-a--�•a • a r ...-.1"+1 r.., ;C — ..� --- N] >�_ _C - -111 Q n tl U t7 Q C H M + + N is tl it C t � a N :r 1r C) O N O G v O " d i • •---a • --_ , O vs- < - -a -tI i __V N • ai ...i i s a aia^r- r,,._,a a 4 CO a , , Tr N y V7 LLI CO O -- -11' E � ro 0 r _ o m 0 t R a. V z � d �' 15 r. - V N .0O CO .= -I O a Gl LL 7: . C 0 CD _ co >. r11.4., a a a c x m �� a Om F y v va, m Oam0I '' y E-$„ V U. v i� Faco lI as f WU 4 g NNYItl9:1.e 03110 +L - .. 1 id 2g21-710Z'7Z=In ssd:eal orw'sevw asna sowssoe�iuviuvUov>)0Nissoa0 iwv,wal 6-71oZY710Z,730vx EXHIBIT V.C. Page 14 of 20 Tamiami Crossing Protected Species Survey Exhibit E Protected Species Survey Map with Aerial Boylan Environmental Consultants, Inc. EXHIBIT V.C. Page 15 of 20 ' V "T p- � ❑ w �o I °Qa °a °u�� , LLv, ❑ao� a&LL r ��� �a , .. ., g ter" 0 Q > F '" woE - =ptN p z +1 w �.,. a� o �wEc 3 w n < a ct Z a �� � u �o i cna re =< a 3 soya . N V � v a E-Hsd u°o UQ a w I. Z ,_= . l. vt Q rQ a . . 0: 1'' 8`. r ,____._,_ _ , ,, , : r, .... Tj , IR .., , . ,. . .. c,_ .. it j \ •' 1 sa rig t sr _ r Z4k .A 4 air' '^'��e 'w- - g�{ l , i L Q f"^ �•yP�- ...... ACV be F m an m n o D -- 4.,,-, �_ .— .7,..� .T - D 0 o Cl) « ,r ' ,, }• _ _ _ _ . .. , a + H - a N ,- +I +1. 0 Vii. ST `' `r a rc_ „ '. "° Q. 3 .2 , co g µ ^. +C.,iG.ti...,. may. `t }.i Q� T Z p ,_ '`° ,' �'..-.-.,- «"`... _!.. e-- .fir ,a; _J-, m ❑ a N CO 1 " : �' Y > ZO S' to CL, , � . s cc cd I g g C. _ o, e , . a gil, d sq 1 o 'el aLi r � t• o ,, V �r C N O r "' . CV a mss N v v 43 CO CO co > O e y � t k+ ^ r a ..-o .1. .d iW y t • MI'aao,i'oav.ory Saved aavW ., .01.4 Polv-.)\.4 4 4J ..wvl 6 7foz ao;X EXHIBIT V . Page 16 of 20 Tamiami Crossing Protected Species Survey Exhibit F NRCS Soils Map I Boylan Environmental Consultants, Inc. EXHIBIT V.C. Page 17 of 20 .. . . ----.. . . . ._—.. � . . IL )\ k . | or : 0 i ® §zI 0 n\ / / / .1, $ 1 f ) 0) / 2 \'\ / } J = co . ; 77 § O \ H 4 ._ d f» \ $ 2 $ \ b ( : ) k 3 , ) « ; •E z ) ) { CTS I -- \ ) j } 5 » 3 CA k ~ Lu § \k / \ ~ f r9 a al i , / d. :$ ( « g . !!! f / .} , -3} 2 _ § j i�} ) § \ m ) { ° i4 ( __.ag.I.La HAITI m'In mm rims m___m_,___-er=10V mvi.va___a, EXHIBIT yJ Page 18of 20 O a P m K co o Q P d Lb � j�_/�� II '11a .1y o Z�m-u-o— E £1 Q N LT1 O u N N ^ 0 E "£LL 7 U . a Z +I Na" fn°z� Q n U p U p _1 Q` W tL tE<w 1.1.1 U J l'p J u y W Uto Z U-_ L.L. H W i c 0 i m ¢ o z U+I o W. co N w U U m D m II g 0 so Q 0 _I N r 0 U N — L() +1 v U - Q CO ' + ' ' + + +I Ii Na ' C , . , , CO + + E 0 + { + { + i + i + j + E v_ ♦ + ♦ c U H _ Q \° \° \° a \° e e °a. pR,, 0 tl O tl' i� n 8 >N vr co li+ ' J 4 4 4 4 4 4 4 4 co — O + — + +I +1 +I +I t�p++1 +I +I +I + + O 1.0 OD 01 ID *T- m R v U ~ • Di p N • + + + + G ui N Q r N + i + + i i i + i + j i i i j +I Q 7 + ' • ' + U O ui 3 LO Q t1 + + N p _N W + U `0 N CV tl C E ¢ N 1 Q i Q 2 O (A ,_ tl . N in tl .O O, i ' i N 6! 03 $ N Lo \NIL *0 In E 2 N a N a' O V I- a o m 0 O LL Z 0 N ' L1 = 0 Ji C3 II _� O N W u C u N a U A 0 # ti `� o a c LL •,-_- i. .. 12 C 0 v w a, `a a, 3a C z t l a gg C S a I (..) t a ' 71 oo O a o3 0.to r v O N LL app .- eNr in a = a J 0 N V ? N N CD § R •O 00 a 0 LL. o °U1 =W a g WNVI88 AEI 031101d*MSS ZI-VIO?'72 Nflr dVW S323f11d.9V1 WO'S+VW 35V8 SSNISSOtl)IWVIWV1\7999-HSI1QfId9V\dW31\1*JO1\VJVOddV\64NVIMQ\S63Sf1\3 EXHIBIT V.C. Page 19 of 20 / ''' / ''- HI a Q.Z a11- U (.< wa°w a 1E o Q wrx o 'n ;1'11111111111 .�,:, Z +I wig -2sLL rcwL Js. wad .LL,) o-o F Q` a s w o o y ^ r fZ , a, Nov a w4 014 ' -C (.O v N {‘,)_,.,2 Q W Q W w w o u tt a_ O J N Q J &R a �" • z w=° w u a Q r Q a ) � a N Q .E1,4' "ee Y ,, �% x.' ' i ,, d * 4'ti..„ ,,,,„„ , ( l� .o -. i s i i r"��"` ti. _ .„ „ u) 2 :y- .V .-. , 8 L. .. Q i ; ` . V LL :� , , iii i 5 E i r mw.} i , i -I i • U i > O +I i * 110000100§e 4.J O i i N < , i It` f1 r_ : d 1. :. : N• U f) Q r-: W U K • ¢ N i i ., C N, +f , N N d a w 41,!,-1:::"::;"'St m Y+I i ,O O` • ' 6 00 t. 4tittt. t, 4§t,..— mil e m t sCr 1 '‘.1 ' ' ' " " ' ' ' ;I/ -'.' '0 ,_ • k C_ - T 4 G f +� -- ....N C i .. 0 0 W B� s ..`}• 3 .N _T...*S fah . t `e w M3ii!833188:AB 031101d W7921-7107 72 Nflf dtlL S33111d 131830:BV1 9MOSVW 3S3B SONISSON'7 IWVIWVl\7998 HS18fldV\dW1\13001\V1VOdV\WNVBQ\Sd0Sf1\:7 EXHIBIT V.C. Page 20 of 20 COPY EXHIBIT V1E1Ic TRAFFICIMPACTSVTEMENT JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING Sc PLANNING SERVICES TRAFFIC IMPACT STATEMENT For Tamiami Crossing PUD Amendment (SE Quadrant of Tamiami Trail E. & C.R. 951, Collier County, Florida) July 8, 2014 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 761 21 ST STREET NW NAPLES, FLORIDA 341 20 (239) 919-2767 CERTIFICATE OF AUTHORIZATION No. 27830 (PROJECT No. 1 31 1 1 1 ) 7_ g-ZQ 14- JA M. BANKS, P.E. DATE FL -IDA REG. No. 43860 0 p TABLE OF CONTENTS Conclusions 2 Scope of Project 2 Table A-Approved/Vested Development 2 Project Generated Traffic 3 Table B-Net New Trips Generated 3 0 0 1 Conclusions The report concludes that the proposed Tamiami Crossing PUD Amendment will not result in more site-generated trips than already allowed under the current PUD land use plan. That is,the previously approved 235,000 square feet of mixed retail uses will remain unchanged, and therefore,there will be no increase in site-generated trips. Furthermore,the proposed PUD amendment does not affect the fact that Tamiami Crossing is vested for development by way of funding its proportionate share of the right- of-way and construction costs associated with the ongoing at-grade improvements of C.R. 951 & U.S. 41. By funding its proportionate share of the at-grade improvements, Tamiami Crossing is vested for 235,000 square feet of commercial retail as set forth by the US 41 Developers'Consortium III,dated April 14, 2009. Per the executed DCA,the projects off-site impacts are deemed to be fully mitigated and no other off-site improvements are required. At the time of acquiring SDP approval,a detailed Traffic Impact Statement will be prepared for the purpose of determining the operational conditions of the project's proposed access on U.S. 41 and C.R. 951. Scope of Project Tamiami Crossing is a proposed commercial project that will consist of 235,000 square feet of mixed retail use. The 25 acre site is located on the southeast quadrant of C.R. 951 & Tamiami Trail East. Ingress/egress to the site will be provided via access to U.S. 41, and access to C.R. 951 and access to Pasedo Drive. TABLE A ApprovedNested Development Land Use Code& Approved/Vested Land Use Description Development LUC 810 Shopping Center 235,000 s.f. 2 Project Generated Traffic Traffic that can be expected to be generated by the project was estimated based upon the guidelines established by the Institute of Transportation Engineers,Trip Generation Manual, 9th Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use code "Shopping Center"(LUC 810)was most appropriate in estimating the net new trips. The net new trips were determined by adjusting the raw trip generation computations to reflect pass-by versus new trips generated. FIE has set forth the pass-by rate for this land use, which was determined to be 40%. However, Collier County staff only recognizes a maximum pass-by rate of 25%, which was used by the report. As determined,Tamiami Crossing's net new trips generated during the AM & PM peak hours will be 197 vph& 797 vph, respectively. Table 1 depicts the computations performed in determining the project's net new trips. Table B provides a summary of the trip generation computation results that are shown in Table 1. Table B Net New Site-Generated Trips (Summation of Table 1) Net New Net New Net New Daily Weekday AM Peak Hour PM Peak Hour Trips Generated Trips Generated Trips Generated (ADT) (vph) (vph) 8,875 197 797 3 TABLE 1 TRIP GENERATION COMPUTATIONS TAMIAMI CROSSING Land Use Code Land Use Description Build Schedule 820 Shopping Center 235,000 s.f. Land Use Trip Generation Equation Code Trip Period (Based upon S.F.) Total Trips Trips Enter/Exit LUC 820 Daily Traffic(ADT) = Ln(T)=0.65Ln(X)+5.83= 11,834 ADT AM Peak Hour(vph)= Ln(T) =0.61Ln(X)+2.24= 263 vph 163 / 100 vph 62%Enter/38%Exit= PM Peak Hour(vph) = Ln(T)=0.67Ln(X)+3.31 = 1,062 vph 510 / 552 vph 48%Enter/52%Exit= Pass-by Trips per Collier County= 25% 25% Pass-by Rate New Daily Traffic(ADT)= (ADT)x(%of New Trips) 8,875 ADT New AM Peak Hour(vph)= (AM)x(%of New Trips) 197 vph 122 / 75 vph 62%Enter/38%Exit= New PM Peak Hour(vph) _ (PM)x(%of New Trips) 797 vph 382 /414 vph 48% Enter/52%Exit= copy, E PP ORM ' T • LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN I hereby authorize Q. Grady Minor and Associates, P.A. and Coleman, Yovanovich and Koester, P.A. (Name 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: Date: VU� 2-3 ZO/ fi Name: I .%c?r.!4G45 3• t/t I f' as i2 0?_0.,Alt4,7 of KRG 951 &41, LLC 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. �« L4- tit9ign ;;OP.. pI DA)41..45 3. x+ i,asQI%o . lkAG.Z of KRG 951 &41, LLC Name-Typed or Printed STATE OF ( itnGAkekv`O— ) COUNTY OF ( atjeik- ) Sworn to and subscribed be ire me this 22'� day of - ,2014 bye _.1 1.1_ MY COMMISSION EXPIRES: Nbtary public ��"f .., JENNIFER L KELLER N- Notary Public,State of Indiana CHOOSE ONE OF THE FOLLOWING: I* Hancock County SEA` Commission#642883 ✓ who is personally known to me, �+ IA� My Commission ssion 02i1es p Y March 13, 2021 who has produced and did take an Oath 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." 30 5.MERIDIAN STREET SUITE 1100 INDIANAPOLIS,IN 46204 317.577-5600 FAX 317-577.5605 www.kiterealtycom September 17,2014 !CITE REALTY GROUP TO WHOM IT MAY CONCERN This certifies that Doug Kirby,Senior Project Manager Pre-Development Services has authority to sign applications for permits and approvals to be granted on behalf of the Tamiami Crossing Project for KRG 951 &41,LLC. Should you have any questions concerning this matter,please feel free to contact Robert Solloway,Vice President of Legal at(3I7)713-5682. Sincerely, 7n� Th cGowan S/" President&Chief Operating Officer State of Indiana ) ):ss County of Marion ) � i COO,, Before me personally appeared! 's K C Ui's ��I t ' `_U( of • ti 0514-L ,a[n] 1 I' 'ti' to me well known to be the person described in and who has executed the foregoing affidavit,and acknowledged to and before me that he executed said instrument for the purposes therein expressed. Witness my hand and official seal,this .�j day of S011ither ,2014. 1 dj 4H ) JENNIFER L KELLER Sang rem (Signa ) Notary Public,State of Indiana f NoTARr * Hancock County a(-A = Commission#642883 1 P My Commission Expires )6\i\t-�1' �` 1�vr ` �!1� March 13, 2021 (printed name) Notary Public My Commission Expires: County of Residence *-1,4\05j(-- KRG LISTED NYSE. 3672434 OR: 3860 PG: 2143 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/04/2005 at 02:02PM DWIGHT B. BROCK, CLERK CONS 300000.00 REC FIE 27.00 DOC-.70 2100.00 Prepared by: Retn: David N.Sexton,Esq. GOODLETTE COLEMAN IT AL WITHOUT REVIEW OR OPINION OF TITLE 4001 TAMIAMI ?R N #300 Bond,Schoeneck&King,P.A. NAPLES FL 34103 4001 Tamiami Trail North Suite 250 Naples,FL 34103 Return to: Craig Crider,Esq. Goodlette,Coleman&Johnson,P.A. 4001 Tamiami Trail North,Suite 300 Naples,FL 34103 File Number: Kux-Kite 53 Folio No.00726080003 [Space Above Thisl>ineFor Recording Data] 13 'trustee s Deted tt �, '',._ This Trustee's Deed made this lsf{day'ot`August;-2005-between Davi N.\Sexton, Individually and as Successor Trustee whose post office address is 4001 'amiami`i'ra,il,Ngrth, Sdite 250,'Naples, FL 34103, grantor, and KRG 951 & 41, LLC, an Indiana limited liability c6/4-iii,ail twflo "Ro47 ?ceTfgreOs 30 South Meridian Street, Suite 1100, Indianapolis,IN 46204, grantee: i f i l ? f j l$.De gym` g i H (Whenever used herein the terms grantor and gr tee Include-Al the parties to this&rpstrumenttuar the !Kul,legal representatives,and assigns of individuals, and the successors and assigns of corporations,thists a d trustees) / a J �ti a J` Witnesseth, that said grantor, for and ti�gonsjderation of the sum TEN434p"NO/100 DOLLARS($10.00)and other good and valuable considerations to said grantot nerhant paid by said grantee;,�the receipt whereof is hereby acknowledged, has a5s"i granted, bargained, and sold to the said grantee,'and grantees,heirs and gns forever, the following described land, situate, lying and being in Collier County, Florida,to wtt / a See attached Exhibit "A". Subject to restrictions, reservations and easements of record, if any,and taxes subsequent to 2004. The subject property is vacant and not the homestead property of the Grantor. Grantor resides at 1995 8th Street South,Naples,FL 34102. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey 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 claiming by,through or under grantors. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Tc 53 `` DoubleTimee \f`4%\34-L- EXHIBIT V.G. Page 1 of 39 OR: 3860 PG: 2144 Signed,sealed and delivered in our presence: ,,,,-,..„._ , 0,,),.., A / Wi ess Name:UN I c D/C,4.4e.Sah David N.Sexton,Indivi•ually ..d as Successor Trustee Witness Name: e 11 t i i f e f A•YP 0 Y Ct State of Florida County of Collier -��' The foregoing instrument was acknowledged before me this 2 / day of , 2005 by David N. Sexton, who L] is personally known or L]has produced a driver's license as identification. `G lJ_1 (4 kt L./ U, _— [Notary Seal] Not Public ;,.��i;�;, MONICA L.DIC r ('y_te51 dame: „, �� MYCOMMISSION 9 `-�,•%5.+� = EXPIRES:,D center 3;2007" . `-, Bonded 7,,ry{j , unOe,v„n85 My ComtniJith\Expires: f i i t i i3 .. , t i a. � f ,t i . m _ ' t.,,--" —i4„ r,, s `< Trustee's Deed-Page 2 DoubleTime' EXHIBIT V.G. Page 2 of 39 * OR: 3860 PG: 2145 *** Tract 53 Exhibit "A" Commencing at the intersection of the Southerly right of way line of State Road 90 (Tamiami Trail 200 foot right of way) with East right of way line of State Road No. 951 (100 foot right of way); thence along the Southerly right of way line of said State Road No. 90, S 54°20'16" E 1390.10 feet for the Place of Beginning; thence continuing along said Southerly right of way line S 54°20'16" E 110 feet; thence S 35°39'44"W 400 feet; thence N 54°20'16" W 110 feet; thence N 35°39'44" E 400 feet to the Place of Beginning; being a_part_of Section 3 Township 51 South, Range 26 East Collier County, Florida, >.1 t f •+t `wY'i 1 �0. / }*N \\ S 1 1 � t i 3 i4a,» e o- y. S F S h R Q F ;Gmni tl` Y. , EXHIBIT V.G. Page 3 of 39 3672445 OR: 3860 PG: 2221 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/04/2005 at 02:09PK DWIGHT B. BROCI, CLERK Prepared by: CONS 900000, RIC David N.Sexton,Esq. IND FEE 78.00 WITHOUT REVIEW OR OPINION OF TITLE ND 6.00 Bond,Schoeneck& King,P.A. DOC-.70 6300.00 4001 Tamiami Trail North Suite 250 Retn: Naples,FL 34103 GOODLETTB COLEMAN IT AL 4001 TAKIAMI TR K #300 Return to: NAPLES FL 34103 Craig Grider,Esq. Goodlette,Coleman &Johnson,P.A. 4001 Tamiami Trail North,Suite 300 Naples,FL 34103 File Number: Kux-Kite 54 Parcel Identification No. 00726120002 [Space Above This Line For Recording Data]_ L ___ ,-- kS yk,irrantyvee o"TORY FORM-SECTION 6802;-F.S. This Indenture made this 1st day q'f Augusta 2005 b 'ee Ba bare,,.Je `Kux'Marilyn Kux Waff, Mary O. Kux as Trustee of the James J. Kux Trust U✓W FBQ is es tAibitr, Kul 1 dt h ,Eileen Eilers, Margit Diamond as Trustee of the Margit Diamond Revocable!Trust under traist,agr4et ten1F d to 8/26/87, and Charlotte Petsche a/k/a Inge Charlotte Petsche Dunham,grantor*1 lk G l 14e n Ins ann lbthited liability company whose post office address is 30 South Meridian Street,S:rte\110u,Indianapolis,INS 46204',igrantee 7 Witnesseth that said grantor, for and th dqnssideration of the sum noi TE1' AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said g afito.r"u hand paid by said granfeek the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said ar ee,,-and grantees heiti,a444Ssigns forever, the following described land, situate, lying and being in Collier County, Florida,to 5yit /:,., 1(, See attached Exhibit"A". Subject to restrictions, reservations and easements of record,if any,and taxes subsequent to 2004. Grantors warrant that at the time of this conveyance, the subject property is vacant and is not the Grantors' homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. *"Grantor"and"Grantee"are used for singular or plural,as context requires. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTime' EXHIBIT V.G. Page 4 of 39 011: 3860 PG: 2222 Signed,sealed and delivered in our presence: 5) �r � 0 2 . 't (Seal) (Signature of :.s#1) p arbara Jean x Print Name: r D�� 5445 North Sheridan Road#3408 Chicago,IL 60640 1/14,..Li 411L4iAt-tf (Suture of Witn.j#2,) dir Print Name: usi,l A,r State of _CL County of ''' 1 C IL,.O The foregoing instrument was acknowledged-before me this day of.:' o f, 2005 by Barbara Jean Kux,who N is personally known or L,has produced a drivr's'license as identificat• :f G ` 1 [Notary Seal] ;,,p s. lip/-7-77-‘', g, z taryPublic I i 1 r . rl i , \,f ' 1 i, i \ l 1 , Planted l ane ; Irv_ i � / �� k 1-��� OFFICIAL Sim ,\\ Mj,,conur ission'Extires: SHERRY A.RIPOL 1p '` ' ` , Ll i ., NOTARY PUBLIC,STATE OF' .• •, , e°N> MY COMMISSION EXPIRES 4•48 r`' Warranty Deed(Statutory Form)-Page 2 DoubleTimee EXHIBIT V.G. Page 5 of 39 OR: 3660 PG: 2223 Signed,sealed and delivered in our presence: i / // (Signature of Witness#1) Marilyn j' aff Print e: u)p R0 4. A,'c e.L 4 2545 Chaucer Court Eugene,OR 97405 n I (Signature of W ►ess 2) Print Name: cxt(Q. e.,✓ ./-1- State of 0I.l✓LDett I County of L ■cy0-- The foregoing instrume t was acknowledged before n191,4 o 2'i)ay Sf- i_6( ,2005 by Marilyn Kux Waff,who[_] is personally known or[ has produced a driver's lice's as rdetittfc t ,-;,v-- [Notary Seal] ( , --. Notar PublicV \ ' t 9 ',vac OFFICIAL SEAL t ,t) „-. . ,-�`4y c 7P tit a Nato ` C.,)/ ( • 4/N( _/ - ,1 P .' WADAAAOUA !If \-'1/ 5 Y N \.to { 1 ` -, NOTARY PUBLIC•ORE ■ + I s s 1.,-----, r ,r I i,. _ p ., E ny Coisto Ex }res: 7 7- ti O, COMMISSION N0.388940! ? ( 4 ar, MY COMMISSION EXPIRES JULY 4 t S � Z R i 1:- .+� i .+ ,� V a w / ,- t1 s Warranty Deed(Statutory Form)-Page 3 DoubleTimeo EXHIBIT V.G. Page 6 of 39 OR: 3860 PG: 2224 Signed,sealed and delivered in our presence: I i IP— _ . i '% _ (Seal) (Signature of Witness#1) Mary I Kux, Trustee o the Print Name: {�� ,� c(c r James J. Kux n st U/W F - James Albert Kux 572 17th Avenue South Naples, FL 34102 (Signature of Wane s#2) Print Name: Naz,ai- bore State of „.,5t County of wont The foregoing instrument was acknowledged before..me-this;;`O of 1 k 1 y , 2005 by Mary 0. Kux, who U is a . personally known or[I has produced a driver's...lice�nse'as ideerntifica on. °> [Notary Seal] Not Pubc� ?\ ) ‘ Prin_tedName t r i L. ot.A.4..“- ` � ( 22 ,. 1 , ) Q M Cn�is @@ion�Expires: \T i/Sio 6 - . ;J i ! , t i S 7 E,R"', .� p • Warranty Deed(Statutory Form)-Page 4 DoubleTlme. EXHIBIT V.G. Page 7 of 39 OR: 3860 PG: 2225 Signed,sealed and delivered in our presence: ,i /• J ,(�_ I ;``C1 c_c (Seal) (Signature of W'tness#1� 'Edith Lee �L Print Name: (\ U e(A,V.Q jry t ` 117 Pier H,Naples Land Yacht Harbor ' Naples,FL 34112 "C?-,-e_A, SLS4- CaNNektill (Signature of itness#2) Print Name: 01eQ Ca5 State of i—Icy\G i-- County of ' AA, K ' \\\ The foregoing instrument was acknowledged before me this ay f \ t. , 2005 by Edith Lee, who L] is personally known or[y)has produced ajdriver's licenseaS-identification. [Notary Seal] i t. Kota ! b�4 `y`1 ---- t yr, I �� t e ) s t1.- e g ` I DD3 " -`- -11'-- nted l ianli' . .7 _, ;= MY COMMI N 6223 , t.,„,4 EXPIRE6:Maj 2008 ; , 0f' BondedThmNot2CtPWwc ndereriters mm My o sstopires: \V r \" I t s Wet,ianty Deed(Statutory Form)-Page 5 DoubleTimeo EXHIBIT V.G. Page 8 of 39 OR: 3860 PG: 2226 Signed,sealed and delivered in our presence: Q <14P c/L" (Seal) (Signature of W' ess#1) Eileen Eilers Print Name: t`e�ee C�i j 1189 Sixth Lane North 1 Naples,FL 34102 ,_ d.Gr--'27- _ i-ee.,0,-- (Signature of Witness#2) Print Name:VA't p /V SE-XT)ti State of ri-`'‘'. ( PA" County of COfGtG CL. r.. a ( ) V,1, l fir, , ve,�v The foregoing instrument was acknowledged before me this ay, ofa�,,, 2005 by Eileen Eilers, who L] is personally known or L]has produced a driver's'license as identificat 6. — [Notary Seal] i i' . t ,- , c,N otary Public,7' F t, $ v i h 1 1A V ., lk z : Name 1 1 t V , MyCommissiori Expires: t lit v , '. ?gyp 4.1,A DAVID N.SEXTON \ r a=.. * al. . MY COMMISSION#DD 101791 .' ' -.. , ''�oN' t? EXPIRES:March 29,2006 0 F s , s .o o Bonded ThrU Notary Public Undenvrters Warranty Deed(Statutory Form)-Page 6 DoubleTimeo EXHIBIT V.G. Page 9 of 39 OR: 3860 PG: 2227 Signed,sealed and delivered in our presence: e) e h ' 491 (Seal) (Signature of Witne s# Margit s■iamond,as Trustee of the Print Name: `1..- t, ,2 • Z.ti m P rC Margit Diamond Revocable Trust Vt under trust agreement dated 8/26/87 4715 Bayard Street Pittsburg,PA 15213 ...o.„0, - _ .— (Signature of Wi ess#2) Print Name:ky'f_iit.E. --;-- ///t)/v State of PA -----.:\--i-R O County of if L ---.C,47-i ,(1)( ,----' V. _ 1,„/ ----, t \ / ( , , ,,..., , The foregoing instrument was acknowledged-before me this:4 Viday of-,,Tui,..,-7, , 2005 by Margit Diamond, who L] is personally known or VI has produced afdriver'slieeige-a'sidentification. \ \ / _, ' \ ■ \ \ \ \ J,--- [Notary, eal] ': its ic-Niti-r) ''\ :c . :=rub\---p. i .c.-7-.; loNWEAL.2 -10E-Frovt`74. Notarial Seal • , ,k, I :\ ‘ 1 :.: \\--.\:7::: ''''',:-.'7:9---/ "1-Ptinted r.ikrdet i,:„7.1 Leonard VV.YotY,:g,Notary Pub!ic • '40.', „ , - . . • ,,.m.,-. \ 1,...,,, /,!-:/,--nt Cit,Of Pi/sburgh,AjklPeny County My Com,7:issioa E).-pires Ser,q.16,.2007 My,00innlissiiiWpires: ---...ylVitnie,As3ozi ....LCT34 Notaries Warranty Deed(Statutory Form)-Page 7 DoubleTime® EXHIBIT V.G. Page 10 of 39 OR: 3860 PG: 2228 Signed,sealed and delivered in our presence: ...._ - /a.te 4ere n74-,ll z e/ :.Seal) (Signature of Wi ess • �Chlarlotte Petsche a/k/a Inge Charlo etsche Dunham Print Name: /{e (j3 ,47'A7 S-,-z--4 7 j? - l Signature of Witness#2) Print Name: /C//4o(e' C 2)GG.t////,.9jf State of l..ac7 nMf A f County of_4,1 ,LcA frc a. The foregoing instrument was acknowledged befor the this a .day f-s JJ 2005 by Charlotte Petsche a/lc/a Inge Charlotte Petsche Dunham,who Li is perso "tly,. 'iown or L]has producedta dyer's license as identification. yf [NQtai Seal] Notar Public Cap ;I f 1' " ,! r y a \ . 4 -,aa! f t 1 5 i € Printed Nahie ` ,q, ICES_ /�i% j� SGciz :.� --- ---- °Mv Commiss ion Expires: y. ; , • tic .3, , [ Melissa Mu Souza• Notary Public `L°; ,+,- State of Connecticut ' My Commission Expires �: 5..r November 30, 2009 i a w - • Warranty Deed(Statutory Form)-Page 8 DoubfeTlmee EXHIBIT V.G. Page 11 of 39 *** OR; 3860 PG: 2229 *** Tract 54 Exhibit "A" Commencing at the intersection of the Southerly right of way line of State Road No. 90(Tamiami Trail 200 foot right of way) with the East right of way line of State Road No. 951 (100 foot right of way); thence along the Southerly right of way line of said State Road No. 90, S 54°20' 16"E 840.10 feet for the PLACE OF BEGINNING; thence continuing along said Southerly right of way line S 54°20'16" E 220 feet; thence S 35°39'44" W 400 feet; thence N 54°20'16" W 220 feet; thence N 35°39'44" E 400 feet to -the--PL-AC -O-F BEGINNING, being a part-of Section 3,-Township -SouthrRange 26 East, Collier County, Florida, i C r I n d ` { rt\ k z 1 a 1 �a € s EXHIBIT V.G. Page 12 of 39 3672531 OR: 3860 PG: 2541 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/04/2005 at 02:29PK DWIGHT B. BROCK, CLERK CONS 1075000,00 REC FIE 78.00 Prepared by: INDEXING 7.00 David N.Sexton,Esq. DOC-.70 7525.00 WITHOUT REVIEW OR OPINION OF TITLE Retll: GOOD Bond,Schoeneck& King,P.A. 4001 TTTB COLBKAN IT AL 4001 Tamiami Trail North,Suite 250 4001 AKIAKI TR N 1300 Naples,FL 34103 NAPLES FL 34103 Return to: Craig Grider,Esq. Goodlette,Coleman&Johnson,P.A. 4001 Tamiami Trail North,Suite 300 Naples,FL 34103 File Number: Kux-Kite 55 Parcel Identification No. 00726160004 [Space Above This•tyinc-For,Recording Data] _'` arranty De / (STA"fx7TORYTORM.-3ECTIp�]689.02, .S.) \ This Indenture made this 1st day aif Aggu.t, t 5 etwe eni B bar \\Jean Kux, Marilyn Kux Waff,Mary O. Kux as Trustee of the James J. Kux Trust (W ( Ja}ti£s -,lien>�{u ,Edit `Lpe,Eileen Eilers,Margit Diamond as Trustee of the Margit Diamond Revocable rtist nder- trus agreentent d S/26/$7, and Charlotte Petsche a/k/a Inge Charlotte Petsche Dunham, grantor* V'rtd kRG 951 &41, LLC,in Indiana limned liability company whose post office address is 30 South Meridian Street,SI1 tt' 00 Indianapolis,IN ,i1, , 4; e *r' 1 r P r grarate , Witnesseth that said grantor, for and in n,gi4`er tion of the sum of T N{AIVD NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grant ;'tiff hand-paid by-sag gF htee: the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee .artsd`iranteetsVI irs'mnd assigns forever, the following described land, situate, lying and being in Collier County, Florida,to-wit.- --- See attached Exhibit "A". Subject to restrictions, reservations and easements of record, if any,and taxes subsequent to 2004. Grantors warrant that at the time of this conveyance, the subject property is vacant and not the Grantors' homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor"and"Grantee"are used for singular or plural,as context requires. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTime' EXHIBIT V.G. Page 13 of 39 011: 3860 PG: 2542 Signed,sealed and delivered in our presence: / / ' .0 i' 6:a.._dti.1 1tJLs (Seal) (Signature of W. :.4#1)/ / ,1, f , Barbara Jean ''ux Print Name: a gsV r. O / 5445 North Sheridan Road#3408 Chicago,IL 60640 AV r • �A A (Signature of W�i,jf. Y Print Name: �—I%/ ' t(S State of 1-Z, County of The foregoing instrument was acknowledged before me�s + -day ,/ ,2005 by Barbara Jean Kux,who VI is personally known or L]has produced a drivers ltcens .as-identification „, .,, (1 .......,) . [Notary Seal] , �' \,......._ Not, Public�� l �� 41 l i',,,,--2,--::"1 rime anie: / ���,, • $ , ,,„„z, ,,• ,. , , • OFFICIAL - = ,.� `; i ,`` SHERRY A.$001.1 1; � i NOTARY PUBLIC,STh3&OF IwNOIS MY COUTAISSioN EMUS 4-1-2008 v, �, g Y t 4 Warranty Deed(Statutory Form)-Page 2 DoubleTime® EXHIBIT V.G. Page 14 of 39 OR: 3860 PG: 2543 Signeid,sealed and delivered in our presence: /.1 .„,...../..zde -, „ L...4._ L..a i (Signature of Witness#1) Marilyn Kux1, aff ame: w 4412 A-, fOLLJH 2545 Chaucer Court Eugene,OR 97405 C / LUL),- (Signature of ess#2) Print Name: Q rU 1-kezibc,,4 State of 0(?_C1vJtq County of &Ai\(G The foregoing instrument was acknowledged before r #lip 7 y'a-f -�,i_( ,2005 by Marilyn Kux Waff,who[I is personally known or has produced a driver'',i se as�ideiitifiicatr.�'')5', :7 - \ i(i [Kota Seal '„ Notary Publi 1 OFFICIALSEN. i if `'' MAR ASCU r rt Pf n ' NAn1r' &-s w,4�Zt5 � , /4f o r.. mom PUBLIC•OREfl fE \l, I , , "/, j r�� `.,I� COMMISSION NO. 1 ! .. 4 / " MYCOMMISSION EXPIRESJIX.Y I!1 ; ./ , \ i �iy Cort�ri sio Aires: 7 a--7 - 0 7 _ .- . . „.rte .7\. ._fir 1..-1� , i `S w f=ed , \ r n I s 4„� y 4 ➢ Warranty Deed(Statutory Form)-Page 3 DoubleTimee EXHIBIT V.G. Page 15 of 39 OR: 3860 PG: 2544 Signed,sealed and delivered in our presence: //. ,/-4..„. -----,7' ' ' " #1 t� (Seal) (Signature of Witness#1) c_... •.Kux, .. Trustee of the Print Name:s'S it) F P.(2 of 2 Arvs/.. James J.Kux T st U/W FBO James Albert Kux .. A„ A,- ,C),,..... 572 17th Avenue South Q_J � - Naples,FL 34102 (Signature of Witness#2 Print Name: WaatiA. State of M Q,i Ke County of K.t nYk2►p The foregoing instrument was acknowledged before met isa6 day of 4 1,1 y , 2005 by Mary O. Kux, who L] is personally known or L has produced a drivers lie ng ast dehtido `^.., 6 / /� [Notary Seal] �r' Not. b c � •� ° .... tom..... _, e Printe°d Name Ca wwtx4 h � i a ,`s,,„ , a rt }4 1 ...c.--:- ( ?` t 1 £ 1 N .,.1 on n\) gton Expfres: •S/18Jb 6 A - Y_ t I w,< i l ,V l t\.'k \\ r'''''N "$f''(\ / : �A e Warranty Deed(Statutory Form)-Page 4 DoubleTimeo EXHIBIT V.G. Page 16 of 39 OR: 3860 PG: 2545 Signed,sealed and delivered in our presence: .L.Ir- = t '• � {Seal) (Signature of itness#.1 Edith Lee Print Name: J f Name: �,1�� �� / 117 Pier H,Naples Land Yacht Harbor Naples,FL 34112 .- Z _ i-eefs -- (Signature of Witness#2) Print Name: va-✓i 9 A CC. 47oti State of County of �1 e' N, _ M1 g it'` r- ��ry.. ,,t, 't.'� The foregoing instrument was acknow,ledied''before me this zb) da}'\of )l� , 2005 by Edith Lee, who [i is personally known or[ ]has produced driver's`iceiise akidentafication. \ 0 [Notary Seal] i 1," i I f ' �'�� I N ar- r, , 80%,, JENOIFE ��VE pt:n== , }_ E.'Pr ted I a n xi,„,r, r111 ._ MY COMMIlON#DD 316223 l f 1W,,,7"4.7.:.,ifi EXPIRE q 4,2008 ' )i.4,4b, � 6orwfedrnruNbb§rV oblicy derwriters My.'4(? 17jtssibrl spires: ,,h`�, � f -- .moo.. "'.' ,` s Warranty Deed(Statutory Form)-Page 5 DoubleTimeo EXHIBIT V.G. Page 17 of 39 OR: 3860 PG: 2546 Signed,sealed and delivered in our presence: (aztAszi._ ff L' U`-& eal) (Signature of Witness#1) Eileen Eilers Print Name: V,co e e ` roa( 1189 Sixth Lane North / Naples,FL 34102 (Signature of Witness#2) Print Name: PAu t p A' .lam Tow State of PG-0214,A County of Co `tee Et2 The foregoing instrument was acknowledged tzeore me this 'day'ot'_,°ti 2005 by Eileen Eilers, who [_] is personally known or[__]has produced a drivr`s1icense as identification. [Notary Seal] I a •'ti h ''°'+ ; I 1I) 3 of , Ii i i g d } I Punted 14n A My ommssioti Mires: ,1. r P 1 :"•M• DAVID N.SEXTON N' ` _ a ?; MY COMMISSION II OD 101791 EXPIRES:March 29,2006 -s -.1,;;;10', Bonded Thru Notary Public tkderw,srs Warranty Deed(Statutory Form)-Page 6 DoubleTime® EXHIBIT V.G. Page 18 of 39 OR: 3860 PG: 2547 Signed,sealed and delivered in our presence: 'pAt emu P • A& . .-- licit-i^ I., I / Seal) (Signature of Witness •�) ti.. ond,as Trustee of the Print Name: 41 !�, • Z 0 i(l' A-4 Margit Diamond Revocable Trust under trust agreement dated 8/26/87 4715 Bayard Street Pittsburg,PA 15213 . -ee-/ :l/�� (Signature of Witness#2) Print Name:i(//yNG� w A/r)/�1 ffi-i-L y State of 749 i 7 County of L L E ,> P"' The foregoing instrument was acknowledge fore me thi �j//day of ', L` , 2005 by Margit Diamond, who U is personally known or V]has produced a rivers license asyidenta t f cation. i Votary Sear I ;r , E ( , ,, . bliq• ' i —____- 1 4-47,,,,,-. '=iii,.... \ \1 ._..' .-- iPrited N`\nee f C�A/ld OdNEANL,a r FI Q asl \ &, 1 Leonard W.`r"c; .g Noaay P:i sr 44 S My" p issttit Expires: City Of P:.,bur,ti P t trtr�.r y County `, �, \ .rsp Hr,Pr.Penn MI. ,,,,,�G.s,...olio i CI Motasie$ eti ,5 Warranty Deed(Statutory Form)-Page 7 DoubleTimee EXHIBIT V.G. Page 19 of 39 OR: 3860 PG: 2548 Signed,sealed and delivered in our presence: (Signature of Witness'#1 _hie- tte Petsche a/k/a Inge Charlo etsche Dunham Print�Name: /`'�Q u ,uv/,,vAy- (Signature of Witness#2) Print Name: 1.!C/Mjo C' z.,e../.� , State of (),trlc-4ic*- County of,.Q,ftl", .1`� _ The foregoing instrument was acknowledged bctore'me this p 2-�day'of .. 2005 by Charlotte Petsche a/k/a Inge Charlotte Petsche Dunham,who L] is perrstinally!�known or L]has prods e °a ver's license as identification.____„0:4[N Seal] J --, , Not ' Public i i • ) , ' . � o. , � It dni d a ; � ���/7i� �dUZ✓�,,, r ,� _ . ?o '. i3� 1 �1 �_� _-- -M Comrtrssion� xpires:�t. :1 Ey Q `,. a+�7 k; v \ �� i Melissa Murphy Souza _' i oa.*".! ,;? Notary Public• Stole of Connecticut • +•.• 1 '' o ., My Commission Expires,t0 o ' \ s a Noveml r 30, 2009 • 4 a y aw t Warranty Deed(Statutory Form)-Page 8 DoubleTimee EXHIBIT V.G. Page 20 of 39 *** OR: 3860 PG: 2549 *** • Tract 55 Exhibit"A" • Commencing at the intersection of the Southerly right of way line of State Road No. 90(Tamiami Trail 200 foot right of way)with the East right of way line of State Road No. 951 (100 foot right of way); thence along the Southerly right of way line of State Road No. 90, S 54°20'16" E 1060.10 feet for the PLACE OF BEGINNING;thence continuing along said Southerly right of way line S 54°20'16" E 330 feet; thence S 35°39'44" W 400 feet; thence N 54°20'16"W 330 feet; thence N 35°39'44" E 400 feet to the PLACE OF BEGINNING,_being_apart of Section 3,Township 51 South, Range 26 East, Collier County Florida. • \ 1 • 3 1 iS 1, 1r • ti • • EXHIBIT V.G. Page 21 of 39 3672582 OR: 3860 PG: 2805 U/3 RECORDED in OFFICIAL RECORDS of COLLIER COUNT!, FL 08/04/2005 at 02:52PM DWIGHT E. BROCK, CLERK CONS 180000.," This Instrument Prepared By: RIC FEE 27. DOC-.70 1260.00 George P. Langford Retn: GOODLETTE COLEMAN ET AL 3357 Tamiami Trail North 4001 TAMIAMI TR K #300 Naples, Florida 34103 NAPLES FL 34103 (239) 262-2011 FEE SIMPLE DEED THIS INDENTURE made this o .day of July,2005,by GEORGE P.LANGFORD, a single man,hereinafter called the Grantor,to KRG 951&41,LLC,an Indiana Limited Liability Company,whose post office address is: 30 S.Meridian Street, Suite 1100,Indianapolis,IN 46204, hereinafter called the Grantee: WITNESSETH: That the Grantor, for and in consideration;ofthe sum of Ten Dollars ($10.00) and other valuable considerations, receipt whereof is hereby-acknowledged, hereby grants, bargains, sells, aliens, remises, releases, and transfers'unto the Grantee,,-411-that certain land situate in Collier County, Florida, to wit: 4-,z i i \ A 6.75% interest in the real prope describ da•.in e at ched Exhibit"A". This deed is being delivered simult neoouslyt vith ald d for the remaining 93.25% interest in the subject2real property } TOGETHER with and the tenements,hereditamerts"arid,appurtenances thereto belonging or in any wise appertaining. \ ,( ) 4 GRANTOR covenants with Grantee that Granor is lawfully seized of the property in fee simple;that Grantor have good right and lawful authority to sell and convey the property;that Grantor warrant the title to the property for any acts of Grantor and will defend it against the lawful claims of all persons claiming by, through or under Grantor. TO HAVE AND TO HOLD, the same in fee simple forever. IN WHEREOF WITNESS, the said Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: 2b44 L EXHIBIT V.G. Page 22 of 39 /, //q i �� A, ss: 0.14r;S i-, 7 1 ' E ' ANGFORD (Printed Name i' itness) 1 / e, i ess: Arniri ligfe OF ('rinted Name of Witness) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of July, 2005 by GEORGE P. LANGFORD, who is person. _ • . me or who has produced as identification. My Commission Expires: ` " r / / (SEAL) f ° /�i 44 f� L / --(Al te' Name o Notary Public) ,por Danielle C Martxak ; -\,,,,_.----\ \ \ \ • My Commission DD068307 1 77S1 c ', N�` 'r�; ‘„n.i Expires September 18,2005 I i `'R` M` �,.j i E r 1 i i a i 'r---'', \s f L ; 1 i M \` ,i\ 1. w n O t- \\g hk" i W CI C%-3. 00 al EXHIBIT V.G. Page 23 of 39 • Tract 56. Exhibit "A" Commencing at the intersection of the Southerly right-of-way line of State Road 90 with the East right-of- way line of State Road 951; thence along the Southerly right-of-way line of said State Road 90,South 54°20'16" East 1500.10 feet for the PLACE OF BEGINNING; thence continue along said Southerly right- of-way line South 54°20'16" East 797 feet to a point on said Southerly right-of-way line which lies North 54°20'1.6"West 2363.33 feet from the intersection of said Southerly right-of-way line with the East line of Section 3,Township 51 South, Range 26 East;-thence-South 3739'14"West 400 feet; thence_North 54°20'16"West 797 feet to a point which lies South 35°39'44" West 400 feet from the Place of Beginning; thence North 35°39'44" East 400.QQ1eet to the PLACE OF BEGINNING being a part of Section 3,Township 51 South, Range.26-Ea sti. c 11rrounty, Florida. rim / / \ sr I �E I f O / 7d 1 e � W t `" o b OD O • EXHIBIT V.G. Page 24 of 39 3672586 OR: 3860 PG: 2823 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/04/2005 at 02:56PM DWIGHT B. BROCE, CLERK CONS 975000.00 Prepared by: RIC FIE 61.00 David N.Sexton,Esq. INDEIING 2.00 WITHOUT REVIEW OR OPINION OF TITLE DOC-.70 6825.00 Bond,Schoeneck&King,P.A. Retn: 4001 Tamiami Trail North Suite 250 GOODLBTTE COLEMAN B! AL Naples,FL 34103 4001 TAMIAMI TR N #300 Return to: NAPLES FL 34103 Craig Grider,Esq. Goodlette,Coleman&Johnson,P.A. 4001 Tamaimi Trail North,Suite 300 Naples,FL 34103 File Number: Kux-Kite 58 Parcel Identification No.00726320006 [Space Above This Line For Recording Data] a ra teed GS k-e&ORY FORM-SECTION 8Q.0'F.S.) This Indenture made this 1st day cif August,20035,between Barbara Jean Kux, Marilyn Kux Waff,Mary O. Kux as Trustee of the James J. Kux Trust U/W, ' mesAlbert Cux, Bruce Dee,yand Mary O.Kux, grantor*,and KRG 951 & 41,LLC,an Indiana limited liability coma v hose post o iie address is 30 South Meridian Street,Suite 1100, Indianapolis,IN 46204,grantee*, §; 1 Witnesseth that said grantor, for and in of the suit of TEN ANDy'FNO/100 DOLLARS ($10.00) and other good and valuable considerations to said, for in hand paid by said i,grantee the.'receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said':grantee, and grantee's heirs7'anc assigns forever, the following described land, situate, lying and being in Collier County, Florida.to wit: See attached Exhibit "A". i I I_ t Subject to restrictions, reservations and easements of record, if any,and taxes subsequent to 2004. Grantors warrant that at the time of this conveyance, the subject property is vacant and is not the Grantors' homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. *"Grantor"and"Grantee"are used for singular or plural,as context requires. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimee EXHIBIT V.G. Page 25 of 39 011: 3860 PG: 2824 Signed,sealed and delivered in our presence: 4, Or Ogg/lift (Seal) (Signature of ' / Barbara Jean ux Print Name : �? • ' C-/ 5445 North Sheridan Road#3408 ) Chicago,IL 60640 c--/ q5F/ • (Signature of Will e •2) ,V Print Name: _A/ r C i State of 1 County of C,¢ T • he foregoing instrument was acknowledged before me.xhis-°?i-_day of j ,, 2005 by Barbara Jean Kux,whoX is personally known or L]has produced a drivers ltc n eta i,e ti e ' r e ` ' .4r ) ' [Notary Seal] c� ' '' - Prit d Name:V , , q 4,-,. z n �ry I ( I e IIsonlmiior Expires: .OFFICIAL SEAL r \I 1 t SHERRY A. RIPOLI "` _: \ � , ` c'" NOTARY PUBLIC,STATE OF ILLINOIS s1 COIAIAISSION EXPIRES 4-1-2005 y` t Warranty Deed(Statutory Form)-Page 2 DoubleTimee EXHIBIT V.G. Page 26 of 39 OR: 3860 PG: 2825 Signed,sealed and delivered in our presence: (1.-----, / // _..r...4.c........... .. ............. — / Li h.i.....0..,,, a......... A ififfIK (Signature of Witness#1) ft I) Marilyn 'ulr aff Pr' e: L--.:- .0 it,,c4 It , ti,ZoLA-4-- 2545 Chaucer Court 714.A...... Eugene,OR 97405 (Signature of WVss#2) Print Name: c_.) \--k-r---e-Sr2.44-- State of foRacot-,i County of I .„----; t -,-..-- The foregoing instrument was acknowledged jtie-thiS 0:77-day.kiifril,tAA_LI' ,2005 by Marilyn Kux Waff,who u is - personally known orWas produced a dyiVeKslitense as identifica [Notary Seal] 1 1,___ ., ,,,,---,, Notai:y Public\ \ MARCIA AROLIA i( 7 I ( i 'il PtintedPNarne: i 0■,,,)-,4-,?:b A /1,-?tx..4_14__ ? c*ee,i-f.",-, NOTARY PUTILIG•ORE i t '; t 1 il 1 i ,'r"-' \`‘I I i 1 ) .. tr.o.••, - 0 A\ I l 1.1, ., ! , i ei 7—P 7— o 7 `,', -,,.- tiff COMMISSION EXPIRES JULY 1,..,Zour i---My Cofnipiigigixires: ( ,-..--z---------,, ..—...,..,.-- ,,ri i.-:,-,_-----.7----_,,,=‘,• \ f 1 V 1'1\-1,‘'-. Warranty Deed(Statutory Form)-Page 3 DoubleTimee EXHIBIT V.G. Page 27 of 39 OR: 3860 PG: 2826 Signed,sealed and delivered in our presence: ,,, IILJ ifia (Seal) (Signature of Witness#1) .WO.Kux :s ' st e of I e Print Name: ,.. L 27/2 F'P c . C9 i_k-- F1.v-s'IC t . James J.Ku 4 rust U/W FBO James Albert ux 572 17th Avenue South Naples,FL 34102 /17i/f (Signature of rtness ) Print Name: Nallkow�, t State of is,, _r.. County of h.w__Let_ , f J .,. The foregoing instrument was acknowledged before me this ot5 da}v-of 44,'y , 2005 by Mary 0. Kux, who [_] is personally known or M has produced a}driver's license as identification. `' \ I [Notary Seal] .p. I \ '-°� I ota — ( ; u N e 0} ", 1\ \ h i Printed a M boviv, e.CAA t �P e _ ^' ,,,,,,,-,:\\ M}'cpmrtissxbt �tpires: /8/0 b ,�' � a y L D .,, r ,.A s 4, s i,,,4„5„:"?..... .;.=, C,-• .4.. ---, I 1-11-' t'."'1 ,,-- --- '-' 44 l9^191,.� .,.; war Warranty Deed(Statutory Form)-Page 4 DoubleTimea EXHIBIT V.G. Page 28 of 39 OR: 3860 PG: 2827 Signed,sealed and delivered in our presence: _ vLA & . ; (Seal) (Signature oWitness# ) / Bruc• D.Dee Q Print Name: , _ ,, k_.a it cr' A.Veil(T 1167 Third Street South,#107 Naples,FL 34102 (Si u a of Witness#2�. / Pri /, ame: as-fie- 4 -2 State of Florida 1 . ate`i f County of Collier ' ( , The foregoing instrument was acknowledg ` 'before me this Z! 'day of , )410 , 2005 by Bruce D. Dee, who ( ] is personally known or[1 has produced A driv+�r'§;Tcense as-identif cation. \ I v / `y [Notary Seal] ( It 1 '' ; ' btatyu,ltc j y 3 ':�, JENNI FFR -max'\ r°' f?fintedgaritt F a" MY CDMMI'SS`ION DD 316223 z,. 1 / ��� EXPIRE$:R ,2008 � . ' f 1 Bonded mNewe�y 0Tm n� My n mis yon' icpires: r ��`..,, , I y Warranty Deed(Statutory Form)-Page 5 DoubleTimee EXHIBIT V.G. Page 29 of 39 OR: 3860 PG: 2828 Signed,sealed and delivered in our presence: /4(://240. / `A L�.t 0 .feal) (Signature of Witness#1) G / Mary 0. ux Print Name: ,SZ zVft11/ /`1 n44-vs k e 572 17th Avenue So Naples,FL 34102 /4(■/).--€. (Signature of Witness#2) Print Name: 1Jortt,4—.1 .i& State of Florida -'''' li V l'4' CO,- .,ui. County of Collier �. '.•r' t,\ The foregoing instrument was acknowledged'before me this as day of q , 2005 by Mary 0. Kux, who L]is personally known or[p]has produced driver's license a identification. \ \5 s [Notary Seal] I t[ r I 1 I 1 N taty, is l @•� `Printed fame I 1-14 2.• C.Cceert o r-osa � ;, \ ',„ My Commission Expires: 571 110 (o w7< Warranty Deed(Statutory Form)-Page 6 DoubleTime® EXHIBIT V.G. Page 30 of 39 *** OR; 3860 PG; 2829 *** Tract 58 Exhibit "A" • Commencing at the intersection of the southerly right-of-way line of State Road No. 90(Tamlami Trail 200 foot right-of-way)with the east right-of-way line of State Road 951 (100.00 foot right-of-way); thence along the southerly right-of-way line of said State Road No. 90, S 54°20'16" E 620.10 feet for the PLACE OF BEGINNING; thence continuing along said southerly right-of-way line S 54°20'16"E 220.00 feet; thence S 35°39'44" W 400.00 feet; thence N 54°20'16" W 220.00 feet; thence N 35°39'44" E 4.00,00_feet to.the PLACE OF BFGINNTNt bPing_a_par-tof_Section 3,-Tiwunship-51-SQuth,-Range 26 East, Collier County, Florida. 4 33� gam` �v, ,�.' 3 is RL t ;f \, \ EXHIBIT V.G. Page 31 of 39 Lt...\_ SPECIAL, 'WARRANTY DEED This Indenture,made this day of December,2006 by SOUTH COLLIER ONE,INC. a Florida Corporation, ("GRANTOR"), whose post office address is: 661 S. Collier Blvd, Marco Island, ii N Florida 34145 in favor of KRG 951&41,LLC, an Indiana limited liability company,("GRANTEE"), b —I whose post office address is: 30 S. Meridian Street, Suite 1100, Indianapolis, Indiana 46204. R. WITNESSETH,that the Grantor,for and in consideration of the sum of TEN DOLLARS,and other N good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof F) is hereby acknowledged, has granted, bargained, conveyed and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in the County of Collier, State of Florida, to wit: o ..., �o SEE EXHIBIT `A' ATTACHED Tax Folio Number:00726724301, Tax Folio Number:00726721809 and Tax Folio Number: a 00726724204 ¢ a c.71 co Subject to Real Estate Taxes for the,1ye -2007, and t ie exceptions set forth on Exhibit B attached ►a hereto. " y o 0 MI TO HAVE AND TO IOLD, the same.in,fee simple for ver\ = .r. 1 AND the Grantor does hereby covenant to I'\1 ran e that at the time of delivery of this deed the premises were free from all encumbrances may e``by.theGrantor-and t at the Grantor will warrant and ,., r � defend the same against the lawful claims and demand of of all per�s�ons'claiming by,through or under F. the Grantor, but against none oar, :� ' ` �` IN WITNESS WHEREOF, Grantor,has= ereunto set..Grantor's hand and seal the day and year first r above written. `'-...;^ t ( ; ' " Signed, sealed and delivered 'South Collier • • • nc. a Florida Co . ;on t = � - .,, in the resence of: // a ... Signature of Witness No. 1 'aul ateo,President I �. o O c.,. O 7Z .0 74 T—E-� o .., o O O O Printed Signature of Witness No. 1 I.: Signafure of Witness No. 2 ed4/C /1 i-v-c7' L.14,t c9 Printed Signature of Witness No. 2 EXHIBIT V.G. Page 32 of 39 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this2 day of December, 2006,by Paul Tateo who is personally known to me or has presented his drivers'license as identification and did take an oath. Not blic �4 ‘ %7. �� �c.L/12.0 Printed Signature of Notary Public My commission expires: j/29/or/ Notary Seal/Stamp ow****;;;o N. 0000RD WOODNfAR� ji ppp415'99 a► �, vtw2000 � �� Bonded t 0001400}412-4254 R _ 0A7::-..�.0 +� Assn.,MR't" .a'*� +.O.N:... Fonda Nd.' „✓' v` o.N!° \,,, d 'J' ) \ ? { 7 Q7 PCP a s 4� j —3 THIS INSTRUMENT PREPARE'WITHOUT OPINION)p$1-. oc . . ,, o Craig R. Woodward, Esquire Woodward, Pires &Lombardo, P. :,' ` . >' 606 Bald Eagle Drive, Suite 500 Marco Island, Florida 34145 (941) 394-5161 EXHIBIT V.G. Page 33 of 39 Exhibit "A" A parcel of land located in Section 3,Township 51 South, Range 26 East,Collier County, Florida being particularly described as follows: Commence at the Southeast corner of said Section 3,Township 51 South,Range 26 East,Collier County, Florida;Thence run North 00°41'50"East along the East line of said Section 3, for a distance of 1,496.21 feet to a point on the Southerly right-of-way line of U.S. 41 -Tamiami Trail (State Road 90),a 200 foot wide right-of-way; Thence run North 54°20'16" West, along said Southerly right-of-way Line, for a distance of 1,566.32 feet; Thence run South 35°39'44" West for a distance of 400.00 feet; Thence run North 54°20'16" West, for a distance of 1,654.49 feet; Thence run North 89°55'57" West for a distance of 683.32 feet to the POINT OF BEGINNING of the Parcel of land herein described; Thence run South 00°04'03" West for a distance of 200.05 feet;Thence run North 89°55'57" West for a distance of 196.99 feet; Thence run North 02°28'03" East for a distance of 36.59 feet; Thence run North 04°09'46" East for a distance of 163.91 feet;Thence run South 89°55'57"East for a distance of 183.75 feet to the POINT OF BEGINNING. Being the same lands as described at Official Records Book 3620,Page 2872 of the public records of Collier County,Florida. TOGETHER WITH: A portion of Section 3, Township 51 South, Range 26 East, Collier County, Florida being more particularly described as follows: Beginning at the intersection of the Old East Right-Of-Way ;ine of State Road 951 (100 foot right-of-way) and the South Right-Of-Way line of U.S 4 t(201 foot_r ght-of wa ),run South 02°28'03" West along the old right-of-way line for 370.24 feet;thence un South 87c3 1'59'` for 45.20 feet to an intersection with p the new right-of-way line of said State Road 951;thence rim Souh04°\b '46" West along said new right of way line for 314.62 feet to THE.POINT-OF BEGINNING of the\PParcl of land herein described; From said POINT OF BEGINNING,run South 89:42`4.8" Las ,for 264.37 feet; rn thence run South 54°21'46" East'a di ante 65 0 e � \ • thence run South 35°38'14" We a distance of 247.41 eet; " thence run North 89°42'48" West °d stanc 'of 190.43 feat; 4 ? t.._ to a point on the new east right-of-way line of State Road 9 1, thence run North 04°09'46" East aalongsaid Easterly right-of- ay;linc'a„distance of 240.00 feet to THE ono POINT OF BEGINNING. Being the same lands described'a` Official.'Records Book 3587,Page 1852 of the public records of Collier County Florida. ., ffF. TOGETHER WITH: Parcel 3,all that part of Section 3,Township 51 South.Range 26 East,Collier County,Florida being more particularly described as follows: Commencing at the East Vs corner of said Section 3; Thence along the east line of the Southeast '/ of said Section 3, South 00°40'54" East 1363.32 feet, to a point on the Southerly right-of-way line of U.S. 41 (Tamiami Trail); Thence along said line,North 54°20'16"West 4597.95 feet to a point on the East right-of-way line of State Road 951; Thence along said line, South 35°39'44" West 50.06 feet; Thence continue along said line, South 02°28'34" West 292.31 feet; Thence continue along said line, South 87°31'26" East 18.21feet; Thence continue along said line,South 04°13'13"West 795.41 feet to the Point of Beginning of the parcel herein described, said point lying on the North line of Parcel #1 of O.R. Book 2171, Page 2096, Public Records of Collier County, Florida Thence along said North line, South 89°55'57" East 100.26 feet; Thence leaving said line, South 04°13'13" West 163.33 feet; Thence South 02°10'25" West 137.24 feet; Thence North 90°00'00" West 100.08 feet to a point on the East right-of-way line of said S.R. 951; Thence along said line,North 02°10'25" East 142.82 feet; Thence continue along said line,North 04°13'13" East 158.52 feet to the Point of Beginning of the parcel herein described. . Being the same lands described at Official Records Book 3595,Page 3763 of the public records of Collier County, Florida. EXHIBIT V.G. Page 34 of 39 Exhibit "B" Following lists permitted exceptions applicable to property being transferred as noted on Exhibit"A": 1. Resolution No.CWS-85-4 confirming the revised preliminary assessment roll for the constructed water improvements of the regional water system,Assessment District No. 1,as recorded in O.R. Book 1142, Page 1796; as amended in O.R. Book 1143, Page 2367, of the Public Records of Collier County, Florida. 2. Terms, covenants, conditions and other matters contained in the Agreement for Non-Exclusive Ingress/Egress Easement recorded March 31, 1999 in O. R. Book 2529, Page 1389;as amended by Amendment to Agreement for Non-Exclusive Ingress/Egress Easement as recorded in O.R. Book 3620, Page 2850; of the Public Records of Collier County, Florida. 3. Resolution No. 92-563 recorded in O. R. Book 1763, Page 2171, Public Records of Collier County, Florida. 4. Declaration and Grant of Easements recorded in R`'Book 3293, Page 1368; as amended in ,E O.R. Book 3620, Page 2835, Publli Records of Collier`Cou ty, Florida. 5. Ordinance No. 75-20, filediMay 19. 1975-in O.R. Book 619. ag 1177 of the Public Records of Collier County, Florida, regulting�the�installation'of any w ter distribution system and waste water collection system within:er blicright4-1y4T' - e pt. / I t 1 it rn 6. Ordinance No. 75-21, filed ay 19, 1975iin 9 It `hook 6l9.1 Pa 4 182 of the Public Records of .b Collier County, Florida. rotecting certain trees within Collier county. . . 7. Ordinance No. 75-24, filed May 19, 1975 in O.R. Book 619, Page 1191 of the Public Records of o Collier County, Florida, regulating nd restricting the cratoi construction, alteration, etc. of ►� buildings, locations,etc. v 8. Resolution by the Board of County Commissioners Establishing the Immokalee Area Planning District and the Coastal Area Planning District as recorded in O.R. Book 649,Page 1239, Public Records of Collier County, Florida. 9. Collier County Ordinance No. 90-30 referred to as the "Collier County Mandatory Solid Waste Collection and Disposal Ordinance", as amended. EXHIBIT V.G. Page 35 of 39 L SPECIAL WARRANTY DEED This Indenture, made this ,.-1,dy of December 2006, by Craig R.Woodward,Trustee under , that certain land trust dated March 19,2002,("GRANTOR"),whose post office address is: P.O. r a Box One, Marco Island, Florida 34145 in favor of KRG 951 & 41, LLC, an Indiana limited liability b --3 company, ("GRANTEE"), whose post office address is: 30 S. Meridian Street, Suite 1100, Indianapolis, Indiana 46204. . N" N WITNESSETH,that the Grantor,for and in consideration of the sum of TEN DOLLARS,and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof y is hereby acknowledged, has granted, bargained, conveyed and sold to the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in the County of Collier, State of Florida, to wit: o ,. IN CP SEE EXHIBIT `A' ATTACHED o ' w � a Tax Folio Number: 00725841007 and.Tax--Folio Number: 00726280007 a , v. co N O Subject to Real Estate Taxes for th y ar�2007, and the exc�ions set forth on Exhibit B attached b I c°�-t hereto. a.%= ° >. C) TO HAVE AND TO I OLp,1(he;same in fee simple forever. NN •MP . W d S CI AND the Grantor does herby ,e " '�' y �p��na�k't© ra�tle �th� a��te�imG of delivery of this deed the �, o �- premises were free from all encu''branc4 r iac e by the Gr ortand that the Grantor will warrant and defend the same against the lawful claims and:demands of att ficrsipiiS,Plaiming all by,through or under ;., GI r w the Grantor, but against none Abth r. ,,,;, 3 r --, NON HOMESTEAD Vl ANT PROPERTY ' �I , t 'f$; ' z IN WITNESS WHEREOF, Grantor has hereunto set Grantors hand and seal the day and year first 7. c°r above written. , �> �._ tiE ' s..t } r Signed, sealed and delivered t .1 i. - 1 in the p .ence o : Signature of/i . •ss No. 1 Craig-R. Woodward, Trustee under that certain r-fri-vgnvti land trust dated March 19, 2002 with no personal <7 liability. Printed Signature of Witness No. 1 diktiets-u. ?:1.6.4_.4., . Signature of Wi ess No. 2 ?Ochriffeel QU111 Yl Printed Signature of Witness No. 2 DOQ)'IENIARY SIAMP TAX CM THIS CONVEYANCE IS AFFIXFID TO THE DEED FRG4 SOUTH COLLIER ONE, INC., TO THE ABOVE NAMED GRANIEES. EXHIBIT V.G. Page 36 of 39 STATE OF FLORIDA COUNTY OF COLLIER qfh The foregoing instrument was acknowledged before me this /day of December, 2006, by Craig R. Woodward who is personally known to m or has presented his drivers' license as identification and did take an oath. • . Patrida A Libby Notary Public 9 My Commission D0166677 °ta wdr Expires Jw wy 13.2007 ' ' WlG/I/ /4 L/ Printed Signature of Notary 1'fiblic My commission expires: 0///z/0 Notary Seal/Stamp a r` -.\- __. 13 r1 p1 r � O $ 1 M, THIS INSTRUMENT PREP,`Vt ITHOUT bPOON' ' .i � Craig R. Woodward,EsquireA� ` , r ' / .,/1 `z7 Woodward, Pires &Lombardo , ,$ ; 606 Bald Eagle Drive, Suite 5004 ( s ° Marco Island, Florida 34145 o (941) 394-5161 EXHIBIT V.G. Page 37 of 39 • Exhibit "A" All that part of Section 3,Township 51 South,Range 26 East, Collier County, Florida being particularly described as follows: Commencing:at the East'/corner of said Section 3;Thence along the East line of the Southeast''/4 of said Section 3, South 00°40'54" East 1363.32 feet to a point on the Southerly right-of-way line of U.S. 41 (Tamiami Trail); Thence along said line,North 54°20'16"West 4597.95 feet to a point on the East right-of-way line of State Road 951; Thence along said right-of-way line in the following four described courses: 1. South 35°39'44" West 50.06 feet; 2. South 02°28'34" West 292.31 feet; 3. South 87°31'26" East 18.21 feet; 4. South 04°13'13" West 554.38 feet to the point of beginning of the parcel herein described; Thence leaving said right-of-way line South 89°38'27" East 190.04 feet; Thence North 35°43'41" East 247.50 feet; Thence South 54°17'28" East 757.12 feet; Thence North 89°55'57" West 866.87 feet; Thence South 04°13'13" West 163.33 feet; Thence South 02'10'25" West 137.24 feet, Thence North 90°00'00" West 100.08 feet toa point o the astJright-of-way line of State Road 951; Thence along said right-of-way in the fo log-two described courses; 1) North 02°10'31" East 142.821eV " 2) North 04°13'13" East 399.5:5 fee to the._point of beginning of the parcel herein described; O Less Parcel 3 described as follows r ' d . �j Yl� Parcel 3:All that part of Section 3,,Townships] South, a ge 26 East.Collier County,Florida being more particularly described as follows ` a k' Commencing at the East 1/4 corncr.of.said1-Section Thence along the East line of the Southeast ''/4 of said Section 3, South'00°40'54" East 1363.32 feet,to a -- point on the Southerly right-of-way l e of U.S. 41 (Tamiam.i rail); c) o Thence along said line,North 54 20 -West 4597.95 feet to a Point n the East right-of-way line of State o0 � �..� g Y Road 951; a.. Q s Thence along said line, South 35°39'441�West'50.06 Thence continue along said line, South 02'2°8'341'1 Vest 292.31 feet; Thence continue along said line, South 87°31'26"'Eastfi8.21 feet; Thence continue along said line,South 04°13'13"West 795.41 feet to the point of beginning of the Parcel herein described said point lying on the North line of Parcel# 1 of Official Record Book 2171,Page 2096, Public Records of Collier County, Florida. Thence along said North Line, South 89°55'57" East 100.26 feet; Thence leaving said line, South 04°13'13" West 163.33 feet; Thence South 02°10'25" West 137.24 feet; Thence North 90°00'00" West 100.08 feet to a point on the East right-of-way line of said SR 951; Thence along said line,North 02°10'25" East 142.82 feet; Thence continue along said line,North 04°13'13" East 158.52 feet to the point of beginning of the parcel therein described. Being the same lands described at Official Records Book 3753,Page 0872 of the public records of Collier County,Florida. Together with: Commencing at the intersection of the Southerly right-of-way line of State Road No. 90(Tamiami Trail 200.00 foot right-of-way)with the East right-of-way line of State Road No.951 (100.00 foot right-of-way); thence along the Southerly right-of-way line of said State Road No.90, South 54°20'16" East 369.78 feet for the PLACE OF BEGINNING; thence continuing along said Southerly right-of-way line, South 54°20'16" East 250.32 feet; thence South 35°39'44" West 400.00 feet; thence North 15°42'54" West 320.40 feet; thence North 35°39'44" East 200.00 feet to the Place of Beginning, being a part of Section 3,Township 51 South,Range 26 East. Being the same lands described at Official Records Book 3443, Page 0892 of the public records of Collier County,Florida. EXHIBIT V.G. Page 38 of 39 • Exhibit "B" Following lists permitted exceptions applicable to property being transferred as noted on Exhibit "A": 1. Resolution No.CWS-85-4 confirming the revised preliminary assessment roll for the constructed water improvements of the regional water system,Assessment District No. 1,as recorded in O.R. Book 1142, Page 1796; as amended in O.R. Book 1143, Page 2367, of the Public Records of Collier County, Florida. 2. Perpetual Non-Exclusive Easement, license and privilege for constructing and maintaining utility facilities by and between Louise Rose Herbert and David H. Rose, as Grantors to the Board of County Commissioners of Collier County,Florida,as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District as recorded in O.R. Book 1896, Page 1855, Public Records of Collier County, Florida. 3. Ordinance No. 75-20, filed May 19, 1975 in O.R. Book 619, Page 1177 of the Public Records of Collier County, Florida, regulating the installation-off any water distribution system and waste water collection system within a publlj crgl ofa `oYe asement. 4. Ordinance No. 75-21,filed May 99, 1975 in O.R.Book 6W,Pa'e 1182 of the Public Records of ox Collier County, Florida, prr tecttng ertatn,trees,witliin Collier County. • I: }7 h i ` t rM. 5. Ordinance No 75-24,filed ME 13IT t Qi. lode 1'i191 of the Public Records of Crl Collier County,ty, Florida Ire attn €resin t In0: e oreayoni co�struction alteration, etc. of buildings, locations, etc. 'b t 4 � 6. Resolution by the Board of. o`t my Commissioners tablishmg;the Immokalee Area Planning o District and the Coastal Are4 lah1ing District as recorded in Oaf. Book 649, Page 1239,Public o Records of Collier County, Florida: , Nr 7. Collier County Ordinance No. 90-3o're lrr'ed_Jo a he"Collier County Mandatory Solid Waste Collection and Disposal Ordinance", as amended. EXHIBIT V.G. Page 39 of 39 COPY PRE APPLICATION MEETING NOTES MEETING NOTES COLLIER COUNTY **** -DE-17L-i-OPPES- DEPARTMENT **** rw..101 t DATE 3-11- TIME NOTES BY TOPIC OF MEETING Gi411)/1 rt-wii/Ve- 5/1 4- +1-vm ReitiierWri 44.4A7 ) b 441)611 */14Lu/1i /5 ATTENDANCE(pri.nt name clearly) it„ „+fat 12.;Ph Ye vkov;ch Char Re+Ay II ic:fc gtevi, geld;AA*, j4 Ita:;11 itp freitez - ra-<ed /not,44 ( It tit KEY POINTS/UNDERSTANDINGS/CONCLUSIONS .1 Galttr1)- Pui) 1 j 17, g tLrej. $5- 6/0P4 eirt.gir (epifti,ly Ft') bvt /i'otr''fei 4'4) ^ z AL elf I 4c. c. .ht1 4i id. 5C't 4' ;5. E-444 Ail I/et,vest -Pt. 4 & 4-7 5 4=I;.t tt- . ;." /4/0 G.?'04 jiSritc t 8-.)( /14,47,-);,,,„ ref oe h 0515 4111414 r‘i4 J.& a frdet Chet db.; evitt rre)c„ It e 81 tr 4-$1i 'Fete 5 —5 t., 41- UDR 1,„;// — Cepicarre,t# MM (crPt Ncer .174h.. ..s; 4.'4" 1541 613 ec..„ It) (attach additional pages if necessary)