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Agenda 04/13/2010 Item #17D Agenda Item No. 17D April 13, 2010 Page 1 of 483 EXECUTIVE SUMMARY PUDZ-2007-AR-11320, Sembler Family Partnership # 42, represented by Robert Mulhere, AICP of RW A, Inc. and R. Bruce Anderson, Esquire of Roetzel and Andress, is requesting a rezoning from Rural Agriculture (A) zoning to Mixed-Use Planned Unit Development (MPUD) to be known as McMullen MPUD. The 19.32 acres Rural Agricultural zoned site is proposed to permit a mixed-use development, The rezoning petition allows for a maximum of 185,000 square feet of commercial development. The subject property is generally located one-half mile east of Collier Boulevard (CR 951) on the north side of the Rattlesnake-Hammock Road Extension, in Section 14, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BeC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this rezone petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject site is currently vegetated and undeveloped. The proposed Mixed Use Planned Unit Development (MPUD) allows a maximum of 185,000 square feet of commercial building floor area including limited "heavy" commercial uses, contractorlbuilder offices; architectural, engineering land surveying and attorney offices. These offices are limited to no more than 50 percent of the 185,000 square feet of building area. Personal indoor self storage facilities are also proposed and these facilities are limited to no more than 50 percent of the 185,000 square feet of the building area. The MPUD proposes the following accessory uses: warehouse space for various contractorlbuilder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores. These will be accessory to offices for various contractorlbuilder construction trade specialists, or accessory to warehouse space for various contractorlbuilder construction trades occupants. The MPUD also proposes offices for management associations of various types of properties, fitness centers with no limit on their building area, medical offices and medical related uses of up to 124,600 square feet, and care units consisting of group housing, group housing facilities, assisted living facilities, independent living facilities, continuing care retirement communities, and nursing homes. The intensity of the care units shall be limited to a floor area ratio (FAR) of 0,60. PUDZ-2007-AR.1l320 3-26-10 Page 1 of 13 Agenda Item No. 170 April 13, 2010 Page 2 of 483 The proposed care units may have varying operational characteristics. The following characteristics of care units distinguish them from residential land uses. All of the characteristics must be provided for and maintained in order to be considered a care unit: . The facility shall be 55 years of age and older. . There shall be on-site dining facilities for the residents, with food service either on-site or catered. . Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits. . There shall be an on-site manager/activities coordinator to assist residents, who shall be responsible for planning and coordinating stimulating activities for the residents. . A wellness facility shall be provided on-site to provide exercise and general fitness opportunities for the residents. . Each unit shall be equipped with devices provided to notify emergency services providers in the event of a medical or other emergency. . Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. The petitioner originally proposed two development tracts, but that was reduced to one (Tract A) after the petitioner eliminated the residential component. The Master Plan also depicts the permitted location for medical related land uses as an offset one quarter mile from the adjacent hospital tract. The buildings will have a maximum zoned height of 50 feet and an actual height of 62 feet. The 3.23010 acre preserve area along the north property line is approximately 100 to 142 feet wide. The landscape buffer along the east and south sides of Rattlesnake Hammock Road (CR 864) extension right-of way will be 20 feet wide, and along the west property line adjacent to the FPL easement, the landscape buffer will be 10 feet wide. The MPUD Master Plan depicts a land use tract and a land use area, preserve areas, potential lake areas, and landscape buffer areas. The MPUD Master Plan shows that Tract A is 15.22010 acres. Another .87010 acres is an existing right-of-way area. Along the northern portion of the property, 3.23010 acres will be set aside as a preserve tract. The site will be accessed by two ingress/egress points from Rattlesnake Hammock Road (CR 864). The MPUD Master Plan also depicts along the eastern boundary a future vehicular/pedestrian/bicycle interconnection to an existing vehicular driveway. There are no deviations being sought as part of this MPUD rezoning petition. FISCAL IMPACT: The MPUD by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorized level of development. However, if the MPUD is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. Page 2 of 13 PUDZ-2007-AR-11320 3-26-10 Agenda Item No. 170 April 13, 2010 Page 3 of 483 The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is generally located in the northeast quadrant of the Collier Boulevard (CR951)/Rattlesnake-Hammock Road (CR864) intersection, and more specifically located as follows: . adjacent to and west of Swamp Buggy Days PUD; . east of and adjacent to the Hammock Park Commerce Center PUD, approved for 160,000 square feet of retail and office uses, and; . adjoining the north and west side of the existing easterly extension of Rattlesnake-Hammock Road/Sports Park Road east of Collier Boulevard. The subject site is designated UrbanlUrban Commercial District/Mixed Use Activity Center Subdistrict [#7], and UrbanlUrban Mixed Use District/Urban Residential Fringe Subdistrict, both as contained in the Future Land Use Element (FLUE) and depicted on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The project is reviewed within the context of both subdistricts. Mixed Use Activitv Center (MUAC): Via a private sector-initiated GMP amendment (petition CP-2002-1) approved in 2003, the subject MUAC (#7) text was amended to read as follows: "The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers. With respect to the 19", acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, commercial development (exclusive of the allowed "1/4 mile support medical uses") shall be limited to a total of 185,000 square feet of the following uses: personal indoor self-storage facilities - this use shall occupy no greater than 50 percent of the total (185,000) building square feet; offices for various contractor/builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys - these offices of related Page 3 of 13 PUDZ-2007.AR-J 1320 3.26- 10 Agenda Item No. 170 April 13, 2010 Page 4 of 483 professional disciplines and services shall occupy no greater than 50 percent of the total (185,000) building square feet; warehouse space for various contractor/builder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores - all as accessory uses only, accessory to offices for various contractor/builder construction trade specialists or accessory to warehouse space for various contractor/builder construction trades occupants; management associations of various types of buildings or provision of services to buildings/properties; and, fitness centers." GMP amendment petition CP-2002-l was submitted as an expansion of MUAC #7 with data and analysis to justify the provision of C-5 type uses to support the development industry; the petitioner asserted there was an inadequate supply of undeveloped C-5 zoning in this general area to accommodate contractors and builders. The petition was purposely not intended to accommodate the full array of C-I through C-5 commercial districts like other MUAC's, such that a community shopping center, general offices, general retail uses, personal services, etc., could not be developed here. The original submittal of the petition, as modified by staff to correlate with the submitted data and analysis, included very specific uses and building area caps (40,000 square feet of personal self-storage facilities; 70,000 square feet of offices for various contractor/builder construction trade specialties; 75,000 square feet of warehouse space for various contractor/builder construction trade specialties). However, just days prior to the Collier County Planning Commission (CCPC) transmittal hearing on the petition, the petitioner advised staff of a desire to expand uses, then at the CCPC hearing the petitioner provided revised text with expanded uses and the individual caps replaced with an overall cap of ] 85,000 square feet. Despite staff's recommendation to the contrary, the amendment was ultimately adopted, albeit with some additional text modifications. It is important to note that one use is restricted to serve only certain other businesses; specifically, "warehouse space" is only allowed "for various contractor/builder construction trades occupants" so it is not available to other users. And, one unique provision for this site is the allowance of "related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores" as accessory uses, only accessory to offices for various contractor/builder construction trade specialists OR accessory to warehouse space for various contractor/builder construction trades occupants." The rationale is that these related uses should be allowed within a single development - these businesses that provide goods and materials needed by the construction industry could be located proximate to construction industry businesses, such as building contractors - but would not serve the general public. This goes back to the basic premise that this site was not intended to contain retail and general office uses to serve the general public, rather intended primarily to serve the construction industry. The square footage caps contained in the MUAC text are maximums; lesser building area could be imposed through the rezoning process if deemed appropriate. For example, it may not be appropriate to allow as much as half (50 percent) of the building area to contain offices for Page 4 of 13 PUDZ-2007-AR-I1320 3-26-10 Agenda Item No. 170 April 13, 2010 Page 5 of 483 architects, engineers and surveyors, especially if the balance of the uses are solely or mostly not offices of contractors and builders. Because the specified stores (building materials, garden supply, etc.) are only allowed as accessory uses, it is appropriate to impose standards and conditions to insure they function as such (e.g. limit building area, restrict vehicular and/or pedestrian access, limit or prohibit signage, etc.). Further, because they are accessory only to specified uses herein, restrictions must be included to prevent these uses from serving other types of businesses and the general public. The Urban Commercial District, Mixed Use Activity Center Subdistrict of the FLUE lists 12 factors to be considered as follows: "The factors to consider during review of a rezone petition for a project, or portion thereof, within an Activity Center, are as follows: a. Rezones are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. This rezone is in the form of a PUD and may be found consistent with this factor. b. The amount, type and location of existing zoned commercial land, and developed commercial uses, both within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center. This factor is discussed in more detail undcr factor "c", which follows below, and in the September 14, 2009, "McMullen MPUD Market Demand Study". c. Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. Reference is made to the September 14,2009, "McMullen MPUD Market Demand Study" [Study], submitted as part of this application. Staff analysis of the Study is limited primarily to the data and analysis provided to justify additional office space within a I-mile radius of the nearby Physicians Regional Hospital [hospital]. The Study states that this I-mile arca is the most positively impacted by the hospital's location. The Study further indicates that existing and already approved properties within thc 1 to 3 mile radius of the hospital are also competitive sites, but that they are discountcd by 50 percent (see 3'd bullet point on page 14). I. Table on page 12. This table indicates the following within I mile of the hospital: a. "Remaining approved commercial building square footage" (in PUDs) within I mile of the hospital. This column shows 588,554 square feet of which 147,139 square feet is office allocation and 347,247 is retail Page 5 of 13 PUDZ-2007-AR-1132Q 3-26-10 Agenda Item No. 170 April 13, 2010 Page 6 of 483 allocation. However, Ordinance No. 2007-30, which approved the adjoining Hammock Park Commerce Center PUD, did not have a 40,000 square-foot building floor area limit or allocation for office space, but rather permits many commercial and office uses, including the following uses: "Business Services", "Construction-Special Trades", "Engineering, Accounting and Management", "Health Services (Groups 8011-8059)", and "Personal Services" similar to those proposed in the McMullen MPUD. In summary, the "147,139 square feet of office allocation" contained in this table could be viewed as understating the existing potential office space. It is arguable that the total could be increased to 267,139 square feet of office building floor area [13,500 + I 2,625 + 160,000 + 65,000 + 16,014]. This total does not include any office space lying outside of PUDs which could further add to this revised total potential office building floor area. Additionally, the Study did not state the basis for the office allocations for Edison Village, Naples Lakes Country Club, Sierra Meadows or Collier County Regional Medical Center PUDs, all located within a I mile radius of the hospital and which could expect to attract hospital-related businesses. b. Existing vacant/under construction building floor area within I mile of the hospital. The table on page 12 indicates that there is no existing vacant commercial or office building space within I mile of the hospital. However, a quick check on December 18 indicated that there was approximately 10,000 square fect of in-line vacant commercial/office space advertised for lease in the shopping center portion of the Naples Lakes Country Club PUD located at the northwest corner of the Collier Blvd. at Rattlesnake-HanmlOck Road intersection. Ordinance No. 2003- 33, which approved an amendment to the commercial portion of the Naples Lakes Country Club PUD permits such a variety of office uses and a wide range of health care related uses as defined by Standard Industrial Classification codes 8011-8049; 8071-8092; and 8099. There may be additional existing vacant building space within the I-mile radius of the hospital, hut staff did not do an extensive survey. Beyond the 1 mile radius from the hospital, but within 3 miles, there is an additional 10,000 square feet of existing vacant commercial/office building f100r area at Lely Resort and an additional 45,000 square feet of new vacant in-line building floor area in four separate small strip shopping centers located within Westport Commerce Center PUD (anchored by Wal-Mart). 2. Page 19, Exhibit 3.0.1. This table suggests that the 2020 office floor area deticit is 397,571 square feet. However, as discussed previously, the Page 6 of t3 PUDZ-2007~AR~11320 3-26-10 Agenda Item No. 170 April 13, 2010 Page 7 of 483 existence of 267,139 square feet of approved potential future office space within 1 mile of the hospital, plus the existence of 10,000 square feet of vacant potential office space at the northwest corner of the Collier Boulevard at Rattlesnake-Hammock Road intersection, and an additional 55,000 existing vacant floor area (Westport Commerce Center and Lely) bring into doubt the "office supply (sqft)" of 307,635 as shown in this exhibit and the resulting "Surplus/Deficit (sqft)" of 397,571. Clearly the existing office supply within the I-mile radius of the hospital is equivalent to a potential 267,139 square feet of floor area, not including the office space within the I to 3 mile and 3 to 5 mile radii surrounding the hospital. In summary, staff has found the following regarding the Market Study which calls into question the validity of the entire Study: . The basis for the office allocation in the analysis of existing and approved PUDs, as shown on Page 12 of the Study, is not stated; . The office floor area calculations on Page 12 tended to undercount existing vacant building space and potential building space as allowed in other PUDs (e.g. Hammock Park Commerce Center); and, There is no real analysis of the impact upon the McMullen MPUD of the competing approved PUDs within the I to 3 mile radii around the hospital (Study states 290,316 square feet of office floor area and may be an underestimate) and the 3 to 5 mile radii around the hospital (Study says 1,199,797 square feet of office floor are and may be an underestimate). d. Existing patterns of land use within the Mixed Use Activity Center and within two radial miles. This factor is discussed in more detail under factor "c" and the revised September 14, 2009 "McMullen MPUD Market Demand Study". e. Adequacy of infrastructure capacity, particularly roads. Exbibit E, entitled "McMullen MPUD Developer Commitments", in the PUD document is referenced. Please refer to the "Transportation Element" section of this Executive Summary. f Compatibility of the proposed development with, and adequacy ofbufJeringfor, adjoining properties. Please refer to page 4 of the Staff Report for buffer analysis. g. Natural or man-made constraints. There are non-County agency preserve areas along the project northern boundary, and an FPL easement (170 feet wide) off site but adjacent to the western boundary. h. Rezoning criteria identified in the Land Development Code. The applicant has addressed each of these criteria within the Application in accordance with Page 7 of 13 PUDZ-2007-AR-11320 3-26.10 Agenda Item No. 17D April 13, 2010 Page 8 of 483 LDC Section 10.02.13.1. Please refer to Supplemental Staff Report Attachment 1 "Rezone Findings." i. Conformance with Access Management Plan provisions for Mixed Use Activity Centers, as contained in the Land Development Code. Please refer to pages 16 and 17 of the Staff Report for this information. j. Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(.~), and internal and external vehicular and pedestrian interconnections. Please refer to pages 16 and 17 of the Staff Report for this information. k. Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and fUture abutting projects. Please refer to pages 16 and 17 of the Staff Report for this information. It is acknowledged there are roads abutting the sonth and east property lines, preserve areas depicted along the entire northern property line, and an off-site preserve area along some portion of the western boundary. I. Conformance with the architectural design standards as identified in the Land Development Code. The project is required to meet the architectural design standards and compliance will be determined at the time of Site Development Plan (SDP) review. The MUAC Subdistrict promotcs mixed use development, and specifically states: "mixed use projects are intended to be developed at a human scale, pedestrian-oriented, and interconnected with adjacent projects - whether commercial or residential. Street, pedestrian pathways, and bike lane interconnections with adjacent properties, where possible and practical, are encouraged." Staff notes: . the proposed MPUD allows a applicant-described mixture of "institutional senior housing" and "limited commercial intensity", though some of the commercial uses are intensive; . does not include interconnections with adjacent properties to the north and west, but this appears to be due to preserve locations both on-site and off-site, and the site abuts a road to the south and east; . does not request deviations from LDC requirement to provide sidewalks; . building heights (zoned) are allowed at 50 feet; and, . this project does not - and cannot, per the Activity Center text specific to this site - allow many of the typical commercial uses (neighborhood retail and personal service). This leads to a possible compatibility issue - the allowance for mixture of intense (C-5 type) commercial uses with applicant-described "institutional senior housing". Just because the MUAC Subdistrict allows mixed use does not mean it is appropriate to approve a development containing mixed use of such disparate intensities. Page 8 of 13 PUDZ-2007-AR-11320 3-26-10 Agenda Item No. 170 April 13, 2010 Page 9 of 483 Exhibit B states, in part, that the maximum intensity of this MPUD will be as follows: . Commercial Intensitv: limited to a maximum of 185,000 square feet; and, . Care Unit Intensitv: limited to a maximum floor area ratio of 0.60. Urban Residential Fringe (URF): Allowable uses in the Urban Residential Fringe Subdistrict include uses generally allowed in the Urban designated area such as community facilities, essential services, and support medical uses subject to criteria. Location of Support Medical Uses: Throughout the Urban designation, the FLUE provides for support medical uses as follows: "Support medical facilities - such as physicians' offices, medical clinics, medical treatment centers, medical research centers and medical rehabilitative centers, and pharmacies - provided the dominant use is medical related and the site is located within V. mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest voint of the tract that the hospital is located on or approved for, to the project boundaries of the support medical facilities." (Underline added for emphasis.) The McMullen MPUD Master Plan, Exhibit C, depicts that portion of the site within the Y.4 mile distance from the nearest point of the hospital tract in the Collier Regional Medical Center PUD to the south. The referenced "nearest point" is where the northerly line of that PUD, running east from Collier Blvd., reaches the easterly FPL easement line where it runs north-south (at the northeast corner of the more or less square-shaped tract that contains the hospital, vehicle use and water management areas - and west of the rectangular area containing large preserve, medical office, vehicular use and water management uses). The support medical uses are denoted on Exhibit A. Those uses and Exhibit C may be found consistent. Economic Element: Via provision for support medical uses, this MPUD is consistent with Policy 1.2, which states, in relevant part: "Collier County will support the opportunity for development and establishment of '" additional medical related facilities in order to promote a continuum of care to enhance the quality oflife throughout the County." One issue remains - of the Mixed Use Activity Center Subdistrict "factors to consider during review of a rezone petition," staff continues to have accuracy concerns regarding the "McMullen MPUD Market Demand Study" (see staff analysis on pages 5-6 above). However, regarding support medical [office] uses, staff does acknowledge that if this petition were not located within an Activity Center, no such market study would be required. Based upon the above analysis, market study concerns notwithstanding, Comprehensive Planning staff finds the proposed MPUD rezoning may be found consistent with the FLUE. Transportation Element: Transportation Planning staff has reviewed the Traffic Impact Statement (rrS) and has determined that the roadway network has sufficient capacity to accommodate this project within the five-year planning period. Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the GMP. Page 9 of t3 PUDZ-2007-AR-11320 3-26.10 Agenda Item No. 170 April 13, 2010 Page 10 of 483 Collier Boulevard (CR-95]) Impacts: The first concurrency link north of the project impacted is Link 34, Collier Boulevard (CR 951) between Davis Boulevard (SR 84) and Rattlesnake- Hammock Road (CR 864). The project generates 55 p,m, peak hour, peak direction trips which represents a 1.68 percent impact on Collier Boulevard (CR 951). This segment of Collier Boulevard (CR 951) has a remaining capacity of 1,042 trips, and is currently at Level of Service "B" (LOS "B") as reflected by the adopted 2008 Annual Urban Inventory and Review (AUIR). The first concurrency link south of the project impacted is Link 35, Collier Boulevard (CR 951) between Rattlesnake-Hammock Road (SR 84) and Tamiami Trail (US 41). The project generates 29 p.m. peak hour, peak direction trips on this link, which represents a 0.8 percent impact on Collier Boulevard (CR 951). This segment of Collier Boulevard (CR 951) is has a remaining capacity of I,] 61 trips, and is currently at Level of Service "B" (LOS "B") as reflected by the adopted 2008 AUIR. Rattlesnake-Hammock Road (CR 864) Impacts: The first concurrency link west of the project impacted by this project is Link 75, Rattlesnake Hammock Road (CR 864) between Collier Boulevard (CR 951) and Polly Avenue. The project generates 47 p.m. peak hour, peak direction trips on this link, which represents a 1.47 percent impact on Collier Boulevard (CR 951). This segment of Rattlesnake-Hammock Road (CR 864) completed construction in 2009, has a remaining capacity of2,550 trips, and is currently at Level of Service "B" (LOS "B") as reflected by the adopted 2008 AUIR. No subsequent concurrency segments are significantly impacted in the peak direction during the p.m. peak hour by this project. Trip Generation Maximum: The applicant has proposed a mixed-use development with varying square footage proposals for each use. The applicant has also provided a "Land Use Trade-off' analysis demonstrating the maximum trip generation for three possible scenarios associated with the proposed land uses. As such, the applicant has proposed a PUD commitment limiting trip generation to a maximum of 423 p.m., peak hour, two-way trips that would allow adjustment of the square footage allotted to each use at the time the respective uses are constructed. Conservation and Coastal Management Element (CCME): This project is consistent with the objectives of Policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing interconnected dry detention areas and lakes to provide water quality retention and peak flow attenuation during storm events. AFFORDABLE HOUSING IMPACT: No affordable housing commitments have been made. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the PUD documents to address any environmental concerns. The petitioner was required to submit an Environment Impact Statement (ElS). The project contains 15.01* acres of South Florida Water Management District (SFWMD) wetlands. The construction of this project will result in impacts to ] 4.26 acres of SFWMD wetlands. This project also contains 2.8 acres of native vegetation. A minimum of 15 percent of the nativeh Page to of13 PUDZ-2007-AR-I1320 3-26-10 Agenda Item No. 170 April 13, 2010 Page 11 of 483 vegetation or 0.42 acres is required to meet Collier County preservation requirements. The MPUD Master Plan shows that 0.8400 acres of preserve area consisting of wetlands and uplands will be preserved. An additional 2.39 acres if other agency preserves are also shown on the MPUD Master Plan. No listed plant or wildlife species were observed during the 2007 survey. However, during the 2003 and 2004 surveys, a listed wildlife species, the white ibis (Endocumis albus) was observed. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC heard the petition on December 3, 2008, and by a unanimous vote of 8-0 recommended to forward this petition to the Board of County Commissioners (BCC) wi th a recommendation of approval. There were no stipulations. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This item was continued from the March 5, 2009, CCPC hearing, pending further information as discussed in the attached Supplemental Staff Report. The CCPC heard petition PUDZ-2007-AR- 11320, McMullen Mixed-use Planned Unit Development (MPUD) on February 4,2010, and by a vote of 9-0 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions which have been incorporated into the PUD document: I. Exhibit A, Land Uses: Item 20: Add more restrictive language for group housing. 2. Exhibit E, Developer Commitments: Add sound attenuation requirements of SLR 35 as described in LDC Section 4.02.06. N. 3. Exhibit E, Developer Commitments: Inscrt Collier County Attorney's Office "Notice of Proximity" language. 4. Exhibit A, Land Uses: Add in the previous PUD limitation of 5,000 square feet for accessory land uses. 5. Exhibit E, Developer Commitments: Item A.!. State that the developer and/or his successors will pay 100 percent of the design and construction costs of the CAT bus stop. 6. Exhibit A, Land Uses: Item A.19 and A.20: Clean up to address the quarter mile issue. 7. Exhibit A. Land Uses: Item A.19 and A.20: Add conversion criteria (as stated at the CCPC). Note this might be better added to the "Maximum Intensity" section of Exhibit B. Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. One of the Planning Commissioners had concerns regarding overnight detoxification and drug rehabilitation facilities. Language further clarifying that the uses are not allowed has been added to Exhibit A, Permitted Uses, item A.20 which states that "overnight detoxification centers or facilities and overnight drug rehabilitation centers or facilities" are prohibited. Page t 1 of 13 PUDZ-2007-AR-11320 3-26-10 Agenda Item No. 17D April 13, 2010 Page 12 of 483 LEGAL CONSIDERATIONS: Petitioner is requesting a rezone from the Rural Agriculture (A) Zoning District to a Mixed-Use Planned Unit Development Zoning District. The attached staff report and recommendations of the Planning Commission required are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed rezone is consistent with all the criteria set forth below, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied. Should you consider denying the rezone, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Criteria for Strail!ht Rezones I. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 2. Will the proposed rezone be appropriate considering the existing land use pattern? 3. Would the proposed rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 4. Are the existing district boundaries illogically drawn 1D relation to existing conditions on the property proposed for change? 5. Do changed or changing conditions make the passage of the proposed amendment necessary? 6. Will the proposed change adversely influence Jiving conditions in the neighborhood? 7. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 8. Will the proposed change create a drainage problem? 9. Will the proposed change seriously reduce light and air to adjacent areas? 10. Will the proposed change adversely affect property values in the adjacent area? II. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? Page t2 of t3 PUDZ-2007-AR-11320 3-26-10 Agenda Item No. 17D April 13, 2010 Page 13 of 483 12. Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? 13. Are there substantial reasons why the property cannot be used in accordance with existing zoning? 14. Is the change suggested out of scale with the needs of the neighborhood or the County? 15. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. What is the impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended? 18. Are there other factors, standards, or criteria relating to this rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The proposed Ordinance was prepared by the County Attorney's Office and is legally sufficient for Board action. -STW RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the request for PUDZ-2007- AR-II320, McMullen Mixed-use Planned Unit Development (MPUD) subject to staff's and the CCPC conditions of approval, which have been incorporated into the attached PUD document. PREPARED BY: Nancy Gundlach, AICP, Principal Planner Department of Engineering, Environmental, Comprehensive Planning and Zoning Services Page 130f13 PUDZ-2007-AR-11320 3.26.10 Item Number: Item Summary: Meeting Date: Agenda Item No. 170 April 13, 2010 Page 14 of 483 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 170 This item requires that ail participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2007-AR-11320 Sembler Family Partnership #42, represented by Robert J. Mulhere, AICP of RWA, Inc and R. Bruce Anderson, Esquire, of Roetzel and Andress, requesting a rezoning from Rural Agriculture (A) zoning to Mixed-Use Planned Unit Development (MPUD) to be known as McMuilen MPUD. The 19.32 acres Rural Agricultural zoned site is proposed to permit a mixed-use development. The rezoning petition allows for a maximum of 185,000 square feet of commercial development. The subject property is generally located one-half mile east of Coilier Boulevard (CR 951) on Rattlesnake-Hammock Road Extension, the south one-half of the southeast one-quarter of the southwest one- quarter of Section 14, Township 50 South, Range 26 East, Coilier County, Florida. (CTS) 4/13/2010 9:00:00 AM Date Prepared By Nancy Gundlach Community Development & Environmental Services Planner, Principal Zoning & Land Development Review 3/18/2010 1 :45:44 PM Date Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services 3/18/2010 4: 38 PM Norm E. Feder, AICP Administrator ~ Transportation Date Approved By Transportation Division Transportation Administration 3/26/20103:24 PM Approved By Steven Williams County Attorney Assistant County Attorney Date County Attorney 3/29/201010:31 AM Ray Bellows Manager - Planning Date Approved By Community Development & Environmental Services Zoning & Land Development Review 3/30/201010:33 AM Date Approved By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Director - CDES Engineering Services Engineering & Environmental Services 3130/201011:34 AM Nick Casalanguida Director - Transportation Planning Date Approved By Transportation Division Transportation Planning 3/31/20108:23 AM Agenda Item No. 170 April 13, 2010 Page 15 of 483 Approved By Heidi F. Ashton Section Chief/land Use-Transportation Date County Attorney County Attorney 4/1/2010 9:35 AM Approved By Jeff Klatzkow County Attorney Date 4/1/20103:20 PM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 4/1/20103:27 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 4/5/2010 12:09 PM Agenda Item No. 170 April 13, 2010 9-A Page 16 of 483 Petition: PUDZ-2007-AR-1l320 Sembler Familv Partnership #42 - McMullen MPUD Co~T Cou.nty -~ - STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MARCH 5, 2009 SUBJECT: PUDZ-2007-AR-I1320 MCMULLEN MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) PROPERTY OWNER/AGENT: Owner: Mr. Gregory S. Sembler, President, Sembler Retail II, Inc. General Partner 5858 Central Avenue St. Petersburg, FL 33707-1716 Agent(s): Robert J. Mulhere RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 R. Bruce Anderson, Esquire Roetzel & Andress 850 Park Shore Drive, Trianon Centre- Third Floor Naples, FL 34103 REOUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone of the subject 19.32l: acre site from the Rural Agricultural (A) Zoning District to the Mixed Use Planned Unit Development (MPUD) Zoning District for a project to be known as the McMullen MPUD. GEOGRAPHIC LOCATION: The subject PUD is located approximately one half mile east of the northeast quadrant of the Collier Boulevard (CR 951)/Rattlesnake-Hammock Road (CR 864) intersection, in Section 14, Township 50 South, Range 26 East, Collier County, Florida. (See location map on following page) Page 1 of 21 g ~~ > Q. ~3 . . ll'idOJoOLJ " I !I g ijl "~ " " ~ " W)l'I)SV3 . g ~ )- 0... ~ o ~ ~ o I .. .... o 0 0 ~ -:'f>>f::> ~<,: ;; o " 0" o ,,~ ". , ~ ~ "..:.. I I !~ I~ ;~ Lu g J r-~ i I ! H i II ! Si ::=r-i r;l I --, i I I I I I , !I! a.. <t 2 (!) z z o N E ... o N ~ 0: " ~ o o ~I N, gr ."1 ~I w, a..i a.. c:( 2 z o I- <( () o ...J o ::J :~z I:E <r: ~ Z 0... i ~' ~~ ~ ~~ !1 ::J<r: :E~ u :E ---...--..... "'....-- .. ....--...--....-- ~.IutA-s..... TI ...,..... J~~~vlira I ._1 NV1d H:I.LSYWandW I " ... I ~ ":.7-- ::: IA.UI :-:;. INU.... II IFI ,: I~IHI' ~ I '. il. :-1. i.,* ,i~,~~ '<: ; ~gl" 1a;of~8 , 1 [I ~ 2' : lTJ ODD .J. JjiJIHX3 andW ^iTIlnI"/OI'V (;1'7 'JJ1fSU3N.LHVd A 1IWV.1li:I1fIW3S ! g u Agenda Item No. 170 April 13, 2010 Page 19 of 483 PURPOSEIDESCRIPTION OF PROJECT: The subject site is currently vegetated and undeveloped. The proposed Mixed Use Planned Unit Development (MPUD) allows a maximum of 185,000 square feet of commercial building floor area including limited "heavy" commercial uses, contractorlbuilder offices; architectural, engineering land surveying and attorney offices. These offices are limited to no more than 50 percent of the 185,000 square feet of building area. Personal indoor self storage facilities are also proposed and these facilities are limited to no more than 50 percent of the 185,000 square feet of the building area. The MPUD proposes the following accessory uses: warehouse space for various contractorlbuilder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores. These will be accessory to offices for various contractorlbuilder construction trade specialists, or accessory to warehouse space for various contractorlbuilder construction trades occupants. The MPUD also proposes offices for management associations of various types of properties, fitness centers with no limit on their building area, medical offices and medical related uses of up to 124,600 square feet, a maximum of 48 multi-family dwelling units, or some combination of commercial and residential development, and care units consisting of independent living, assisted living and nursing homes. The intensity of the care units shall be limited to a floor area ratio (FAR) of 0.60. The proposed care units may have varying operational characteristics. The following characteristics of care units distinguish them from residential land uses. All of the characteristics must be provided for and maintained in order to be considered a care unit; · There shall be on-site dining facilities for the residents, with food service either on-site or catered; · Group transportation services shall be provided for the residents' needs; · There shall be an on-site manager/activities coordinator to assist residents, who shall be responsible for planning and coordinating stimulating activities for the residents; · A wellness facility shall be provided on-site to provide exercise and general fitness opportunities for the residents. There will be two development tracts. Tract A may consist of commercial development, or commercial and residential mixed-use development. Tract B may consist of commercial development, or commercial and residential mixed use development. Buildings containing residential land uses only may only be developed in Tract B. The buildings in Tract A will have a maximum zoned height of 50 feet and an actual height of 62 feet. The buildings in Tract B will have a maximum zoned height of 40 feet and a actual height of 50 feet. The 3.23"= acre preserve area along the north property line is approximately 100 to 142 feet wide. The landscape buffer along the east and south sides of Rattlesnake Hammock Road (CR 864) extension right-of way will be 20 feet wide, and along the west property line adjacent to the FPL easement, the landscape buffer will be 10 feet wide. Page 4 of 21 Agenda Item No. 170 April 13, 2010 Page 20 of 483 The MPUD Master Plan depicts a land use tract and a land use area, preserve areas, potential lake areas, and landscape buffer areas. The MPOO Master Pian shows that Tract A is 10.22* acres and Tract B is 5.00:l: acres. Another .87* acres is a proposed right-of-way area. Along the northern portion of the property, 3.23* acres will be set aside as a preserve tract. The site will be accessed by two ingress/egress points from Rattlesnake Hammock Road (CR 864). The MPOO Master Plan also depicts along the eastern boundary a future vehicular/pedestrianlbicycle interconnection to an existing vehicular driveway. There are no deviations being sought as part of this MPUD rezoning petition. SURROUNDING LAND USE AND ZONING: North: Undeveloped land, with a zoning designation of Agriculture (A) East: A vehicular driveway, then the 129* acre Swamp Buggy Grounds Planned Unit Development (PUD), and the proposed Toll Rattlesnake Development of Regional Impact (DRIfPOO), a 2,252* acre MPUD consisting of residential, golf course, 550,000 square feet of commercial, 100,000 square feet of retail, and sports attraction land uses South: Rattlesnake Hammock Road (CR 864) extension, then undeveloped land, with a zoning designation of Agriculture (A) along with the proposed Toll Rattlesnake Development of Regional Impact (DRlIPUD) a 2,252* acre MPOO consisting of residential, golf course, 550,000 square feet of commercial, 100,000 square feet of retail, and sports attraction land uses West: A 170-foot wide Florida Power and Light (FPL) easement, then undeveloped land, with a zoning designation of Hammock Park Commerce Center PUD, approved for 160,000 square feet of commercial and retail uses. Page 5 of 21 Agenda Item No. 170 April 13, 2010 Page 21 of 483 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is generally located in the northeast quadrant of the Collier Boulevard (CR95 I )/Rattlesnake-Hammock Road (CR864) intersection, and more specifically located as follows: · adjacent to and west of Swamp Buggy Days PUD; · east of and adjacent to the Hammock Park Commerce Center PUD, approved for 160,000 square feet of retail and office uses, and, · adjoining the north and west side of the existing easterly extension of Rattlesnake- Hammock Road/Sports Park Road east of Collier Boulevard. The subject site is designated UrbanlUrban Commercial DistrictlMixed Use Activity Center Subdistrict [#7], and UrbanlUrban Mixed Use DistrictlUrban Residential Fringe Subdistrict, both as contained in the Future Land Use Element (FLUE) and depicted on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). Tbe project is reviewed within the context of both subdistricts. Mixed Use Activity Center (MUAC): Via a private sector-initiated GMP amendment (petition CP-2002-1) approved in 2003, the subject MUAC (#7) text was amended to read as follows: "The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Page 6 of 21 Agenda Item No. 17D April 13, 2010 Page 22 of 483 Center; the balance of the land area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers. With respect to the 19+/- acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD c.Ol~ercial development (exclusive of the allowed "1/4 mile support medical uses") shall b~ I~~e~ to a .total of 185,000 square feet of the following uses: personal indoor self-storage faclhbes - this use shall occupy no greater than 50 percent of the total (185,000) building square feet; offices for various contractor/builder construction trade SpeCialisls inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elemenls of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys - these offices of related professional disciplines and services shall occupy no greater than 50 percent of the total (185,000) building square feet; warehouse space for various contractor/builder construction trades occupants; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores - all as accessory uses only, accessory to offices for various contractor/builder construction trade specialisls or accessory to warehouse space for various contractor/builder construction trades occupants; management associations of various types of buildings or provision of services to buildings/properties; and, fitness centers." GMP amendment petition CP-2002-l was submitted as an expansion ofMUAC #7 with data and analysis to justify the provision of C-5 type uses to support the development industry; the petitioner asserted there was an inadequate supply of undeveloped C-5 zoning in this general area to accommodate contractors and builders. The petition was purposely not intended to accommodate the full array of C-I tbIough C-5 commercial districts like other MUAC's, such that a community shopping center, general offices, general retail uses, personal services, etc., could not be developed here. The original submittal of the petition, as modified by staff to correlate with the submitted data and analysis, included very specific uses and building area caps (40,000 square feet of personal self-storage facilities; 70,000 square feet of offices for various contractor/builder construction trade specialties; 75,000 square feet of warehouse space for various contractor/builder construction trade specialties). However, just days prior to the Collier County Planning Commission (CCPC) transmittal hearing on the petition, the petitioner advised staff of a desire to expand uses, then at the CCPC hearing the petitioner provided revised text with expanded uses and the individual caps replaced with an overall cap of 185,000 square feet. Despite staff's recommendation to the contrary, the amendment was ultimately adopted, albeit with some additional text modifications. It is important to note that one use is restricted to serve only certain other businesses; specifically, "warehouse space" is only allowed "for various contractor/builder construction trades occupants" so it is not available to other users. And, one unique provision for this site is the allowance of "related businesses including but not limited to lumber and other building materials dealers, paint, glass. and wallpaper stores, garden supply stores" as accessory uses, only accessory to offices for various contractor/builder construction trade specialists OR accessory to warehouse space for various contractorlbuilder construction trades occupants." The rationale is that these related uses should be allowed within a single development - these businesses that provide goods and materials needed by the construction industry could be located proximate to construction industry businesses, such as building contractors - but would not serve the general Page 7 of 21 Agenda Item No. 170 April 13, 2010 Page 23 of 483 public. This goes back to the basic premise that this site was not intended to contain retail and general office uses to serve the general public, rather intended primarily to serve the construction industry. The square footage caps contained in the MUAC text are maximums; lesser building area could be imposed through the rezoning process if deemed appropriate. For example, it may not be appropriate to allow as much as half (50 percent) of the building area to contain offices for architects, engineers and surveyors, especially if the balance of the uses are solely or mostly not offices of contractors and builders. Because the specified stores (building materials, garden supply, etc.) are only allowed as accessory uses, it is appropriate to impose standards and conditions to insure they function as such (e.g. limit building area, restrict vehicular and/or pedestrian access, limit or prohibit signage, etc.). Further, because they are accessory only to specified uses herein, restrictions must be included to prevent these uses from serving other types of businesses and the general public. Though redundant, the text from MUAC #7 is listed again below; it is followed by staff analysis in bold text within brackets. · The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers. [The subject site is located within the 59 acres in the northeast quadrant; the entire site is eligible for certain commercial uses as specifically provided for herein, as well as other land uses generally allowed in MUAC's, e.g. support medical uses (addressed below), residential uses (A. I. on Exhibit A), care unit uses (A.23. on Exhibit A)]. · With respect to the :t:19 acres in the northeast quadrant of Activity Center #7, [This is the site of this proposed McMullen MPUD.] · said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, commercial development (exclusive of the allowed "1/4 mile support medical uses") shall be limited to a total of 185,000 square feet of the following uses: [Support medical facilities/uses are included in Exhibit A as items A.3, A.IO, A.I7, A. 18, A.20 and A.21 and are denoted with a double asterisk and the uses are found to be consistent. However, "support medical facilities" are restricted to locations as described in the Urban designation of the FLUE. See further analysis later in this memo.] personal indoor self-storage facilities - this use shall occupy no greater than 50 percent of the total (185,000) building square feet; [This use is included in Exhibit A, item A.9 with a quadruple asterisk and governed by the 92,500 total square foot cap as shown on second page of Exhibit A, and may be found consistent.] offices for various contractorlbuilder construction trade specialists [These uses are included on Exhibit A as items A.4, A.5, A.6, A.7 and A.24, and may be found consistent.] Page 8 of 21 Agenda Item No. 170 April 13, 2010 Page 24 of 483 . inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys _ these offices of related professional disciplines and services shall occupy no greater than 50 percent of the total (185,000) building square feet; [These uses are included in Exhibit A as items A.2, All, A.12, AB, and AI4 with a single asterisk and limited to a cap of92,500 square feet, and may be found consistent. As noted earlier, it may be appropriate to limit the building area devoted to these uses to be more restrictive than the cap specified in the MUAC.] · warehouse space for various contractor/builder construction trades occupants;" [This use is included on Exhibit A, item A8, and is not subject to the 92,500 square foot cap, and may be found consistent.] · mortgage and land title companies; [These uses are included on Exhibit A, items A19, A.25 and A26, are not subject to the 92,500 square foot cap, and may be found consistent.] · related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores - all as accessory uses only, accessory to offices for various contractor/builder construction trade specialists or accessory to warehouse space for various contractor/builder construction trades occupants;" [These uses are listed on Exhibit A, items B.2, B.3 and BA with thIee asterisks denoting their use restriction, are not subject to the 92,500 square foot cap, and may be found consistent. As noted above, it is appropriate to impose restrictions to insure these uses function as accessory uses, only serve the specified users, and are not open to the general public.] · related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores - all as accessory uses only, accessory to offices for various contractor/builder construction trade specialists or accessory to warehouse space for various contractor/builder construction trades occupants;" [These uses are listed on Exhibit A, items B.2, B.3 and BA with thIee asterisks denoting their use restriction, are not subject to the 92,500 square foot cap, and may be found consistent. As noted above, it is appropriate to impose restrictions to insure these uses function as accessory uses, only serve the specified users, and are not open to the general public.] · management associations of various types of buildings or provision of services to buildings/properties;" [This use is included on Exhibit A, items A.15 and A.16, is not subject to the 92,500 square foot cap, and may be found consistent.] · and, fitness centers." [This use is included on Exhibit A, item A.22, is not subject to the 92,500 square foot cap, and may be found consistent.] More generally, the FLUE lists 12 "factors to be considered during review of a rezone petition". In an email fromDavidWeekstoBobMulheredated2/14/07.itis explicitly stated that a market study is not necessary (based upon the GMP amendment approved in 2003 for this site) but all other factors "need to be addressed in the submittal" and that these remaining factors need to be addressed via analysis/explanation and, for one or more, submittal of data/maps. The petitioner addressed these factors - as well as FLUE Objective 7 and policies pertaining to smart growth principles - in letter dated July 27, 2007, from Robert J. Mulhere, AlCP, to Nancy Gundlach, Page 9 of 21 Agenda Item No. 170 April 13, 2010 Page 25 of 483 AICP, Principal Planner. While staff does not agree completely with all responses provided staff does find them to be adequate. ' The MUAC Subdistrict promotes mixed use development, and specifically states: "mixed use projects are intended to be developed at a human scale, pedestrian-oriented, and interconnected with adjacent projects - whether commercial or rcsidential. Street, pedestrian pathways, and bike lane interconnections ",ith adjacent properties, where possible and practical, are encouraged." Staff notes the proposed MPUD: allows a mixture of residential and commercial uses, though some of the commercial uses are intensive; does not include interconnections with adjacent properties to the north and west, but this appears to be due to preserve locations both on-site and off-site, and the site abuts a road to the south and east; Exhibit E, Developer Commitments, Section A.3, requires the site to be designed to provide intercnnnections to the east (presently the site abuts a local road to the east) and to provide internal interconnections; does not request deviations from LDC requirement to provide sidewalks; building heights are allowed at 50 feet in the commercial/mixed use tract, however, this project does not - and cannot, per the Activity Center text specific to this site - allow many of the typical commercial uses (neighborhood retail and personal service) that would be mixed ",ith residential in the same building. This leads to a possible compatibility issue - the allowance for mixture of intense (C-5 type) commercial uses with residential development. Other subdistricts within the FLUE that allow and/or promote mixed use development limit the commercial use intensity to C-3 uses. In the LDC, only the C-I through C-3 districts allows mixed use via conditional use. Just because the MUAC Subdistrict allows mixed use does not mean it is appropriate to approve a development containing mixed use of such disparate intensities. Density for mixed use projects may be calculated utilizing the entire acreage within the MUAC, in this case the entire 19.32", acres in the MPUD. The MPUD does so. Urban Residential Fringe (URF): Residential density is limited to a maximum of 1.5 dwelling units per acre (DU/A), or up to 2.5 DU/A via the transfer (Transfer of Development Rights-TDR) of up to one dwelling unit per acre from lands designated as Rural Fringe Mixed Use District Sending Lands and located within one mile of the URF. Exhibit B of the MPUD provides for the base density of 29 units (1.5 DU/A) and the use of TDR's to achieve maximum density of 48 units (2.5 DU/A); specific standardized text regarding TDR's has been added to Exhibit B, as requested by staff. [Exhibit B, page I, does correctly address the residential density limits (29 multi-family dwelling units without TDR credits and 48 dwelling units with TDR credits) as provided for in the FLUE, and may be found consistent.] Support Medical Uses: Throughout the Urban designation, the FLUE provides for support medical uses as follows: "Support medical facilities - such as physicians' offices, medical clinics, medical treatment centers, medical research centers and medical rehabilitative centers, and pharmacies - provided the dominant use is medical related and the site is located within V. mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for, to the project boundaries of the support medical facilities." [bold emphasis added] The petitioner originally submitted a to-scale exhibit depicting the V. mile distance from the entire north border of the Collier Regional Medical Center PUD; this showed that a portion Page 10 of 21 Agenda Item No. 170 April 13, 2010 Page 26 of 483 (:tY,) of the proposed McMullen MPUD lies within this V. mile area. The petitioner asserts the entire PUD is eligible for these uses if any portion of the subject MPUD is within the v. mile area. Staff disagrees with this position and is of the opinion that such a reading would result in the entirety of any given project of unlimited size (50 acres, 250 acres, larger) qualifying for support medical uses so long as the slightest portion of proposed project were within the V. mile area - potentially hundreds of thousands of square feet or even millions of square feet of such support medical uses. If determined appropriate by the hearing bodies, a GMP amendment should be undertaken to clarify this V. mile provision; however, staff does not believe such clarification is necessary. Staff notes the FLUE text specifically states the support medical uses "site is located within V. mile," that the point of measurement is to be from "the nearest point of the [hospital] tract" and "to the proiect boundaries of the support medical facilities." The text explicitly states to measure from the nearest point of hospital tract but does NOT state to measure to the nearest point of support medical facilities tract, rather states to the project boundaries - plural - of the support medical facilities tract. The intent and plain reading is that the entire support medical facilities tract must be within ',4 mile of the nearest point of the hospital tract. Only a portion of the proposed MPUD will lie within the V. mile measured area, thus qualify for the support medical uses. As to the point of measurement from the hospital tract in the Collier Regional Medical Center PUD, staff originally posited that such measurement should be from the area labeled Tract H, Hospital, on that PUD Master Plan. However, after closer review, staff agrees with position taken by the petitioner's agent during a personal conversation that said the tract represents the actual building footprint, not the tract boundary. Staff now supports measurement from the point at which the northerly line of that PUD, running east from Collier Blvd., reaches the easterly FPL easement line where it runs north-south (at the northeast comer of the square-shaped tract that contains the hospital, vehicle use and water management areas - and west of the rectangular area containing large preserve, medical office, vehicular use and water management uses). [This portion of the MPUD is found to be inconsistent with the Urban Designation due to the lack of inclusion of the geographic V. mile limit of medical support facilities within the PUD document but may be found consistent IF such uses are restricted for location consistent with the V. mile limit. Such 1,4 mile limit should be denoted on the PUD Master Plan and the support medical uses listed on Exhibit A should note the location restriction. Comprehensive Planning Staff acknowledges that the petitioner disagrees with their opinion, and that the resolution of the location of the medical related land uses will ultimately be made by the Board of County Commissioners (BCC) as they determine GMP consistency.] FLUE Policv 5.4 states: "New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code." The Zoning Staff is charged with making that determination pursuant to the criteria set forth in the LDC and the appropriateness of the requested uses/densities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. As noted previously, there is some cause for concern with the allowance for a non-traditional commercial/residential mix of uses since this PUD does not allow the typical C- I through C-3 Page 11 0121 Agenda Item No. 170 April 13, 2010 Page 27 of 483 retail, office and personal service uses, rather provides for C-5 commercial uses (e.g. self- storage, warehousing, offices of contractors). FLUE Obiective 7 and relevant oolicies are stated below; each policy is followed by staff analysis. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Community Character Plan for Collier County, Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The proposed PUD does not presently abut an arterial or collector road. However, in Exhibit E, Developer Commitments, Section A.2, the developer commits to provide right-of-way for the future extension of Rattlesnake-Hammock Road and construct the north two lanes thereof, a collector road as identified in the Transportation Element.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The PUD Master Plan is very general and does not depict land use tracts or internal transportation features. However, Exhibit C, MPUD Master Plan, shows a total of three access points; by default, if multiple lots/tracts or projects are developed, they will have to have internal access. Also, Exhibit E, Developer Commitments, Section A.3, requires the site to be designed to provide internal interconnections.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [Exhibit C, MPUD Master Plan, does not include interconnections to properties lying to the north or west, due to the location of on-site and off-site preserves, and does depict access to the east (presently the site of a local road). Exhibit E, Developer Commitments, Section A.3, requires the site to be designed to provide interconnection to the east.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [No deviation is requested from the LDC requirement to provide sidewalks; therefore sidewalks will have to be provided as required. Exhibit E, Developer Commitments, Section A.3, requires the site to be designed to provide internal interconnections and connection to the east, including for pedestrians and bicycles. Only a maximum of 48 units are proposed, all as multifamily. The MPUD Master Plan includes 3.23 acres of preserve. Page 12 0/21 Agenda Item No. 170 April 13, 2010 Page 28 of 483 Economic Element: Via provision for support medical uses, this MPUD is consistent with Policy 1.2, which states, in relevant part: "Collier County will support the opportunity for development and establishment of ... additional medical related facilities in order to promote a continuum of care to enhance the quality oflife throughout the County." REVIEW OF PUD EXHIBITS: EXHIBIT A ; The Principal Uses listed below are appropriately denoted as the "support medical uses." The double asterisk footnote shall be modified to indicate these uses are only allowed within the V. mile distance area, as determined by staff's application of that FLUE provision OR these uses shall be deleted. Petitioner disputes how to measure the V. mile distance and asserts the entire PUD is eligible for these uses. Comprehensive Planning Staff acknowledges that the petitioner disagrees with their opinion, and that the resolution of the location of the medical related land uses will ultimately be made by the BCC as they determine GMP consistency. A3. Drug Stores and Propriety Stores (Group 5912); AI0. Hospital and Medical Service Plans (Group 6324) A.17. Medical Equipment Rental and Leasing (Group 7352); A.l8. Medical and Dental Laboratories (Groups 8071 and 8072); A.20. Nursing and Professional Care Facilities (Groups 8051-8059); and A.21.0ffices and Clinics of: Doctors of Medicine. Dentists. Doctors of Osteopathv. Chiropractors. Optometrists. Podiatrists. and Health Practitioners (Groups 8011-8049) EXHIBIT C: Amend the McMullen MPUD Master Plan to depict and clearly identify (perhaps striping or cross-hatching) only that area within the V. mile distance that is eligible for support medical uses. Petitioner disputes how to measure the V. mile distance and asserts the entire PUD is eligible for these uses. Comprehensive Planning Staff acknowledges that the petitioner disagrees with their opinion, and that the resolution of the location of the medical related land uses will ultimately be made by the BCC as they determine GMP consistency. Based upon the above analysis, Comprehensive Planning staff finds the proposed MPUD rezoning to be inconsistent with the FLUE, as noted above. However, it may be found consistent 1f the above amendments to Exhibits A and C are made. It is acknowledged the petitioner desires to proceed to public hearings to debate the support medical uses issue. Transportation Element: Transportation Planning staff has reviewed the Traffic Impact Statement (TIS) and has determined that the roadway network has sufficient capacity to accommodate this project within the five-year planning period. Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the GMP. Collier Boulevard (CR-95]) Impacts: The first concurrency link north of the project impacted is Link 34, Collier Boulevard (CR 951) between Davis Boulevard (SR 84) and Rattlesnake- Hammock Road (CR 864). The project generates 55 p.m. peak hour, peak direction trips which represents a 1.68 percent impact on Collier Boulevard (CR 951). This segment of Collier Boulevard (CR 951) is currently under construction, has a remaining capacity of 1,042 trips, and is currently at Level of Service "B" (LOS "B") as reflected by the adopted 2008 Annual Urban Inventory and Review (AUIR). Page 13 of21 Agenda Item No. 17D April 13, 2010 Page 29 of 483 The first concurrency link south of the project impacted is Link 35, Collier Boulevard (CR 951) between Rattlesnake-Hammock Road (SR 84) and Tamiami Trail (US 41). The project generates 29 p.m. peak hour, peak direction trips on this link, which represents a 0.8 percent impact on Collier Boulevard (CR 951). This segment of Collier Boulevard (CR 951) is currently under construction, has a remaining capacity of 1,161 trips, and is currently at Level of Service "B" (LOS nBn) as reflected by the adopted 2008 AUIR. Rattlesnake-Hammock Road (CR 864) Impacts: The first concurrency link west of the project impacted by this project is Link 75, Rattlesnake Hammock Road (CR 864) between Collier Boulevard (CR 951) and Polly Avenue. The project generates 47 p.m. peak hour, peak direction trips on this link, which represents a 1.47 percent impact on Collier Boulevard (CR 951). This segment of Rattlesnake-Hammock Road (CR 864) completed construction in 2008, has a remaining capacity of2,550 trips, and is currently at Level of Service "B" (LOS nB") as reflected by the adopted 2008 AUIR. No subsequent concurrency segments are significantly impacted in the peak direction during the p.m. peak hour by this project. Trip Generation Maximum: The applicant has proposed a mixed-use development with varying square footage proposals for each use. The applicant has also provided a "Land Use Trade-oft" analysis demonstrating the maximum trip generation for three possible scenarios associated with the proposed land uses. As such, the applicant has proposed a PUD commitment limiting trip generation to a maximum of 423 p.m., peak hour, two-way trips that would allow adjustment of the square footage allotted to each use at the time the respective uses are constructed. Conservation and Coastal Management Element (CCME): This project is consistent with the objectives of Policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing interconnected dry detention areas and lakes to provide water quality retention and peak flow attenuation during storm events. The Project will implement Policy 2.2.2. of the CCME through the utilization of the Best Management Practices Matrix currently being promulgated by the South Florida Water Management District (SFWMD). Water quality treatment through the use of best management practices in accordance with SFWMD criteria provide the necessary reasonable assurances that adverse water quality impacts to receiving waters will not occur. The volumetric detention and the control structures are designed so that the post-development peak discharge rate does not exceed the pre-development peak discharge rate. The Project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element. The Project will implement Policy 2.2.3 of the CCME by the use of appropriate biological and mechanical controls in storm water detention ponds. Manufacturers and U.S. Environmental Protection Agency (EP A) guidelines for chemical use in aquatic habitat will be followed. The Project implements Policy 6.1.1 of the CCME in that native preserves will be incorporated into the Project design. The preserve area is depicted on the MPUD Master Plan. The preserve area will be maintained free from trash and debris and from Category I invasive exotic plants, as Page 14 of 21 Agenda Item No. 170 April 13. 2010 Page 30 of 483 defmed by the Florida Exotic Pest Plant Council. The Project is consistent with Policies 6.1.1(3) and 6.2.6 of the CCME in that the CoIlier County native vegetation preserve area will be placed under a conservation easement dedicated to CoIlier County. Land uses allowed in these areas will be limited to those listed in Policy 6.2.5(5)d of the CCME and will not include any other activities that axe detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation and preservation. The Project is consistent with Policy 6.1.4 in that prohibited invasive exotic vegetation will be removed from the project site. The Project is consistent with Policy 6.1.8 by submission of this ElS document. The Project is consistent with Policy 6.2.2 in that wetlands on-site have been delineated pursuant to Section 373.019, Florida Statutes. The Project is consistent with CCME Policy 7.1.2 in that a wildlife survey has been conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the US Fish and Wildlife Service (USFWS). GMP Conclusion: Based upon the above analysis, Comprehensive Planning staff fmds the proposed Mixed Use Plan Unit Development rezoning to be inconsistent with the Future Land Use Element, as noted in the Consistency section above. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination must be based. These criteria are specifically noted in Land Development Code (LDC) Sections 10.02.13 and 1O.02.13.B.5. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for the recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the staff report (See Attachments A and B). Environmental Review: Environmental Services staff has reviewed the PUD documents to address any environmental concerns. The petitioner was required to submit an Environment Impact Statement (ElS). The project contains l5.0H acres of SFWMD wetlands. The construction of this project will result in impacts to 14.26 acres of SFWMD wetlands. This project also contains 2.8 acres of native vegetation. A minimum of 15 percent of the native vegetation or 0.42 acres is required to meet Collier County preservation requirements. The MPUD Master Plan shows that 0.8401: acres of preserve area consisting of wetlands and uplands will be preserved. An additional 2.39 acres if other agency preserves are also shown on the MPUD Master Plan. No listed plant or wildlife species were observed during the 2007 survey. However, during the 2003 and 2004 surveys, a listed wildlife species, the white ibis (Endocumis albus) was observed. Staff recommends approval with the following commitments which have been included in Exhibit E "List of Developer Commitments." Page 15 of 21 Agenda Item No. 170 April 13, 2010 Page 31 of 483 I. There shall be a minimum of 0.84 acres of Collier County native preserve associated with this MPUD. There shall be a minimum of 0.81 acres of created native preserve within the required 0.84 acre Collier County native preserve area. 2. The following listed species management plans shall be submitted with the next site development plan/plat development order request: Big Cypress fox squirrel, Eastern indigo snake, Florida black bear, Florida panther. Environmental Services Staff recommends approval of the McMullen MPUD subject to the following stipulation: I. The project must obtain an Environmental Resource Permit from the South Florida Water Management District prior to the issuance of any site plan approvals. Transportation Review: Transportation Department staff has reviewed this petition and the documents that accompany this request. Staff recommends approval with the following commitments which have been included in Exhibit E "List of Developer Commitments." I. Within 180-days of the request of Collier County, the developer shall install or make payment in lieu of construction, at the discretion of the County, for a Collier Area Transit (CAT) bus stop with shelter to serve this site. The developer shall make payment in lieu at the time of Development Order application; or alternatively shall design and construct the CAT bus shelter in a location approved by Collier County Alternative Transportation Modes (A TM) department prior to certificate of occupancy (CO). 2. Within 90-days of the County's written request, the developer shall dedicate right-of-way along the project's south property line for the future extension of Rattlesnake Hammock Road. The required right-of-way shall be determined by Collier County, but shall not exceed a width of 60 feet, and shall be conveyed in fee simple ownership to Collier County. Prior to the issuance of the fust CO, the developer agrees to construct the two north lanes of the ultimate four total lanes of Rattlesnake Hammock Extension, and agrees to accommodate storm water management for these two lanes. The fee simple conveyance of the right-of- way, construction of the two lanes, and accommodation of water management shall be at no cost to Collier County. 3. The site shall be designed to provide for future vehicular, pedestrian and bicycle interconnection to adjacent properties to the east as generally depicted on the McMullen MPUD Master Plan and will also be designed to provide for internal connectivity for vehicles. pedestrians and bicycles. 4. Figure I (shown in Exhibit E of the PUD) depicts the configuration ofthe Phase One Bridge that is required to be constructed with the development of the Hammock Park Commerce Centre CPUD. The Phase One Bridge has been designed to accommodate the full build-out of the Hammock Park Commerce Centre cpun and McMullen MPUD. The Petitioner's successors, or assigns shall pay its fair share of the design, permitting, and construction costs for the Phase One Bridge depicted below in Figure I. The bridge fair share payment shall be made to Collier County prior to the first development order approval. The County agrees to Page 16 of 21 Agenda Item No. 170 April 13, 2010 Page 32 of 483 forward the fair share payment to the party, or parties responsible for construction of the Phase One Bridge within 90 days of payment receipt. 5. The driveways are conceptual and shall meet access management requirements of Resolution 01-247, as amended. (Staff note: the easternmost driveway on southerly side of project may not meet access management requirements as shown). 6. The total combination of allowable land uses on this site shall not be allowed to exceed the maximum trip generation proposed in Scenario "I" in the TIS (423 p.m., peak hour trips). The County may limit the square footage or the number of units of any building during any subsequent development order based on the trip generation limit. Any future tenant change that increases trip generation (i.e. general office to medical office) will require Transportation review and may not be allowed if the total proposed trips exceed the maximum impact listed in this stipulation. Utility Review: The Utilities Department Staffhas reviewed the petition and notes the following: This PUD is located within the Collier County Water/Sewer District and is subject to the conditions associated with a Water and Sewer Availability letter from the Collier County Utilities Division. The Graphic Inventory Survey (GIS) shows that there is an existing 20-inch force main on Rattlesnake Hammock Road within the vicinity of this development. Flow from this development will be directed into this force main on Rattlesnake Hammock Road and onto the South Central Regional Water Treatment Plant (SCRWTP). This future development is located in the zone of the existing South Hawthorn Wellfield for the Wellfield-SCRWTP expansion to 20 million gallons per day. The Rules and Regulations for protection of wellfields shall be followed. All well sites and pipeline easements located on and close to this project shall be shown on all future Site Development Plans (SDP's), Plans and Plat's (PPL's) and any other site plan applications. Emerl!encv Manal!ement Review: Emergency Management staff provided the following comments: The McMullen MPUD is located in a Category 3 hurricane surge zone, which requires evacuation during some hurricane events. While there is no impact mitigation required for this, it should be noted that approval of this PUD increases the evacuation and sheltering requirements for the county. Zoninl! and Land Develovment Review: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, as it relates to the requirement or limitations set forth in the FLUE of the GMP. The proposed uses, as stated in the MPUD Ordinance, are not consistent with the GMP, as previously noted. However, the uses could be found consistent if the medical support uses are limited to the V. mile distance from the medical center and Exhibits A and B are revised accordingly. As previously noted, this project is located on the north side of Rattlesnake Hammock Road (CR Page 17 of 21 Agenda Item No. 170 April 13, 2010 Page 33 of 483 846) extension and proposes limited "heavy" commercial uses; contractorlbuilder offices; architectural, engineering land surveying and attorney offices; personal indoor self storage facilities; offices for management associations of various types of properties, fitness centers, medical office offices and medical related uses, multi-family dwelling units, or some combination of commercial and residential development, and group care units consisting of independent living, assisted living and continuing care retirement communities. Group care units shall have a floor area ratio (FAR) of 0.60. The McMullen MPUD is buffered by a 100 to 142-foot wide preserve area from the undeveloped land with an Agricultural zoning designation to the north. Located to the south and west of the site is undeveloped agricultura1 zoned land. To the west of the site is Hammock Park Commerce Center, approved for commercial and retail land uses. To the east of the McMullen MPUD site is Swamp Buggy Days PUD and another proposed MPUD, the Toll-Rattlesnake DRIlPUD, a 2,252* acre MPUD that proposes commercial land uses on 39.6,,= acres, various attractions to include "swamp buggy races" on 45.9"= acres; and a golf course residential community. To address the Swamp Buggy event noise, Zoning Staff makes the following recommendations: 1. The owner, or its successors and assigns, shall construct a berm and sound wall totaling 12 feet in height along the PUD property boundary adjacent to the Swamp Buggy grounds no later than when the residential development or care unit development receives it first certificate of occupancy. 2. In all sales documentation and literature for the sale of any portion of the PUD property, the owner, or its successors and assigns, shall disclose to potential buyers the location of the Swamp Buggy grounds. 3. All buildings and structures for residential and care unit development shall be designed and constructed to be soundproofed with a sound level reduction (SLR) of 35. The soundproofing may be accomplished by building design, choice of construction materials, and execution of construction detail in accordance with generally accepted architectural and acoustic standards. The petitioner is not seeking deviations from the requirements of the LDC. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC heard this petition on December 3, 2008 and voted unanimously (8-0) to approve this petition. There were no stipulations, NEIGHBORHOOD INFORMATION MEETING INIMl: Synopsis provided by Michele McGonagle, CDES Administrative Secretary: The agent/applicant duly noticed and held the required mM on October 8, 2008, at 5:30 p.m. at the Edison College auditorium. In attendance were the applicant's team and county staff. There were no people from the public present. Page 16 of 21 Agenda Item No. 170 April 13, 2010 Page 34 of 483 The agent, Dwight Nadeau. opened the meeting at 5:30 p.m. In the event there were people who attended the meeting late, the applicant's team and county staff remained on site until 6:00 p.m., at which time the meeting concluded. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ-2007-AR-11320 MCMULLEN MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) to the Board of County Commissioners (BCC) with a recommendation of denial. Comprehensive Planning Staff has reviewed the petition and has found that the proposed development is not in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies of the GMP. This petition is not consistent with the GMP because the location of the support medical facilities are located beyond a quarter of a mile of the medical center and not within a quarter of a mile as required by the GMP. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for. to the proiect boundaries of the support medical facilities. Accordingly, the location of the support medical facilities must be shown in Exhibit A to indicate that all such uses will locate within the Y. mile standard above or will be found inconsistent with this standard. Staff realizes that the petitioner understands the opinion of the Comprehensive Planning Staff and disagrees with Staff's opinion. Therefore. the resolution of the location of the medical related land uses will be made as a policy decision by the Board of County Commissioners. Staff could recommend approval if the following changes are made to the PUD: I. Amend the Exhibit A McMullen MPUD "Permitted and Accessory Uses" to identifY support medical uses (within the ,;' mile distance from the hospital). 2. Amend the Exhibit C McMullen MPUD "Master Plan" to depict and clearly identify (with striping or cross-hatching) only that area within the Y. mile distance that is eligible for support medical uses. 3. The project must obtain an Environmental Resource Permit from the South Florida Water Management District prior to the issuance of any site plan approvals. 4. The owner, or its successors and assigns, shall construct a berm and sound wall totaling 12 feet in height along the PUD property boundary adjacent to the Swamp Buggy grounds no later than when the residential development or care unit development receives it first certificate of occupancy. 5. In all sales documentation and literature for the sale of any portion of the PUD property, the owner, or its successors and assigns, shall disclose to potential buyers the location of the Swamp Buggy grounds. 6. All buildings and structures for residential and care unit development shall be designed and constructed to be soundproofed with a sound level reduction (SLR) of 35. The Page 19 of 21 Agenda Item No. 17D April 13, 2010 Page 35 of 483 soundproofing may be accomplished by building design, choice of construction materials, and execution of construction detail in accordance with generally accepted architectural and acoustic standards. 7. Vehicular, pedestrian and bicycle interconnection shan be provided between Tracts A and B. Attachments: I. 2. 3. Rezone Findings PUD Findings y. Mile Border from Hospital Page 20 of 21 PREPARED BY: Agenda Item No. 17D April 13, 2010 Page 36 of 483 REVIEWED BY: 1:h~ 7. LJJ~' STEVEN T. WILLIAMS ASSISTANT COUNTY ATTORNEY ~ ~/i.JL ND , BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2 . 1'8'. ocr DATE 7.(1//01 DIlTE ~ crn,~ SUSAN M. ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW !2ho /09 'DArE . Tentatively scheduled for the April 24, 2009 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: 44+~ z- '(db DATE Page 21 of 21 Agenda Item No. 170 April 13, 2010 Page 37 of 483 Attachment 1 REZONE FINDINGS PETITION PUDZ-2007-AR-11320 Chapter 10.03.05.1. of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the Growth Management Plan (GMP). Comprehensive Planning Staff has reviewed the petition and has found that the proposed development is not in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies of the GMP. This petition is not consistent with the GMP because the location of the support medical facilities are located beyond a quarter of a mile of the medical center and not within a quarter of a mile as required by the GMP. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for. to the proiect boundaries of the support medical facilities. Stipulations to ensure that the construction of the support medical facilities is concurrent with hospitals or medical centers shall be determined at the time of zoning approval. Support medical facilities are not allowed under this provision if the hospital or medical center is a short-tenm lea~ed facility due to the potential for relocation. Accordingly, the location of the support medical facilities must be shown in Exhibit A to indicate that all such uses will locate within the 'j. mile standard above or will be found inconsistent with this standard. Staff realizes that the petitioner understands the opinion of the Comprehensive Planning Staff and disagrees with Staffs opinion. Therefore, the resolution of the location of the medical related land uses will be made as a policy decision by the Board of County Commissioners. 2. The existing land use pattern. As described in the Staff Report, the subject site is surrounded by undeveloped land with an Agricultural zoning designation; by the Swamp Buggy Days PUD to the east. To the south of the subject site is the proposed Toll-Rattlesnake DR1!PUD, a 2,252:1: acre Mixed-use Planned Unit Development (MPUD) for a project known as the Toll-Rattlesnake MPUD that proposes a maximum of 650,000 square feet of gross leasable commercial floor area on 39.6-1: acres, various attractions to include "swamp buggy races" on 45.9cL acres; and a maximum of 1,889 dwelling units (at a maximum ofO.S4 dwelling units per acre) within an IS-hole golf course. Attachment 1 REZONE FINDINGS PETITION PUDZ-2007-AR-11320 Page 1 of 5 Agenda Item No. 170 April 13, 2010 Page 38 of 483 Located to the south west of the site is undeveloped agricultural zoned land. To the west of the site is Hammock Park Commerce Center, approved for 160,000 square feet of commercial and retail uses. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3 above. 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. The growth and development trends, changing market conditions, specifically the development of the site with mixed uses, and the development of the surrounding area, support the proposed pun. The PUD is not necessary, per se, but it does seem appropriate. This site is located within an area of active development with a mixture of commercial and residential uses being constructed or projected. The proposed pun rezoning is appropriate, as limited in the pun document and the pun Master Plan based on its compatibility with adjacent land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change should not adversely influence living conditions in the neighborhood. As previously noted in the Staff Report, this site surrounded on the north, east south and west by proposed land uses that are similar to this. In addition, the required buffers are deemed to adequately mitigate any adverse impact from this project. However, concern about potential noise complaints regarding the development of residential and care units in this pun was expressed by a representative from the Swamp Buggy Grounds. The noise generated by Swamp Buggy events would not be compatible with residential and care unit development. If Staff recommendations as listed in the Staff Report are followed, then the noise impacts to residential and care unit development might be mitigated. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Attachment 1 REZONE FINDINGS PETITION PUDZ-2007-AR-11320 Page 2 of 5 Agenda Item No. 170 April 13, 2010 Page 39 of 483 Evaluation of this project took into account the requirement for consistency with the applicable policies of the Traffic Element of the GMP and the project was found consistent with those policies. Additionally, the transportation improvements are contained in Exhibit "E" of the PUD document and are recommended in order to mitigate the project's traffic impacts on the local road network. 8. Whether the proposed change will create a drainage problem. The proposed change should not create a drainage problem since every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities at the time of subsequent development order approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Staff is of the opinion that the proposed development standards will not adversely impact light and air to the adjacent properties. ] O. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value. ]1. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Because the proposed change is consistent with the GMP (as stipulated), the project will not be a deterrent to the improvement of adjacent properties. Furthermore, the basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. As previously stated, the neighboring Swamp Buggy Grounds has expressed concern over noise complaints that might arise if residential or care units are developed within the McMullen POO. If Staff recommendations as listed in the Staff Report are followed, then the noise impacts to residential and care unit development might be mitigated. Attachment 1 REZONE FINDINGS PETITION PUDZ-2007-AR-11320 Page 3 of 5 Agenda Item No. 17D April 13, 2010 Page 40 of 483 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. The proposed development does not comply with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Plan. This petition does not comply with the GMP because it allows medical uses beyond the Y. mile hospital location limit established by a site specific amendment outlined in the GMP. In light of this fact, the proposed change constitutes a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property can be used for agricultural purposes, however, any petition for a change in land use is reviewed for compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to gamer that Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Staff is of the opinion that the proposed development complies with the Growth Management Plan (as stipulated), a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. IS. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. While there are other sites zoned for the same or similar uses, each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC; and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development of this site would require considerable site alteration with the proposed use of this site. Attachment 1 REZONE FINDINGS PETITION PUDZ-2007-AR-11320 Page 4 of S Agenda Item No. 17D April 13, 2010 Page 41 of 483 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in tbe Collier County Growth Management Plan and as defined and implemented through the Collier County LDC regarding Adequate Public Facilities. A multi-disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A [mal determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process. Attachment 1 REZONE FINDINGS PETITION PUDZ-2007-AR-11320 Page 5 of S Attachment 2 PUD FINDINGS PUDZ-2007 -AR-11320 Agenda Item NO.17D April 13, 2010 Page 42 of 483 Section 10.02.13.B.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Finding: Jurisdictional reviews by County staff support the manner and pattern of development approved and developed for the subject property. Development conditions contained in the proposed McMullen MPUD document give assurance that all infrastructures will be developed consistent with County regulations. The proposed amendment will not adversely impact the approved mitigation measures that assure compliance with Level of Service relationships as prescribed by the GMP. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Finding: Documents submitted with the application provide evidence of unified control. The MPUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, aud policies of the Growth Management Plan (GMP). Finding: County staff has reviewed this petition and has offered an analysis (see staff report) of the relevant goals, objectives and policies of the GMP offering a recommendation that this petition be found inconsistent with the overall GMP. This petition has been found inconsistent with the GMP because the medical uses have not been restricted to locations within the Y. mile hospital boundary. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Finding: If the Staff recommendations listed in the Staff Report are followed, than this petition can be found compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. Attachment 2 PUD FINDINGSiPETITION PUDZ-2007-AR-11320 Page 1 of 2 5. The adequacy of usable opeu space areas in existence and as development. Agenda Item No. 170 April 13, 2010 Page 43 of 483 proposed to serve the Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Finding: Timing or sequence of development in light of concurrency requirements does not appear to be a significant problem as part of the PUD process, but the project's development must be in compliance with applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Finding: If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Finding: This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this MP1JD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this MPUD are similar to those standards. The petitioner is not seeking any deviations. Attachment 2 PUD FINDINGS PETITION PUDZ-2007-AR-11320 Page 2 of 2 RATTLESNAKE HAMMOCK RD o ~ CD 0:: llJ :J ..J o U Agenda Item No. 170 A ril1 ,2010 Page 44 of 483 MCMULLEN EAST MPUO COLLIER REGIONAL MEDICAL CENTER '.n Medical Related / Office 1/4 Mile Border from Hospital 6. N Attachment 3 RJ~h\ ~ ..&.'-.. fA..... .~.v_..... .a"'~.~.~ PrepllBdBy: vjpenegr'.nQ f'rtnlinIlDllle: Ju.... 6,2007 FIla: T;\F'T<lJltc;W\2ODB\OO-OO20.....MaMu~n...CPA HMol.mxd AGENDA ITEM 9-8 Agenda Item No. 170 April 13, 2010 Page 45 of 483 Co~r County ~ SUPPLEMENT AL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: FEBRUARY 4,2010 RE: PUDZ-2007-AR-11320, MCMULLEN MIXED-USE PLANNED UNIT DEVELOP- MENT (MPUD) The Collier County Planning Commission (CCPC) heard the McMullen MPUD petition at its March 5, 2009 hearing. The petition was granted a continuance so the petitioner could provide Market Demand Study to address land use consistency with the Future Land Use Element as noted in the original Staff Report. In addition, the petition was continued because of noise and sign concerns bought up by representatives from the neighboring Swamp Buggy Grounds. As a result, the CCPC directed the petitioner to submit a Market Study and to meet with the Swamp Buggy representatives to resolve the noise and sign concerns. The petitioner has submitted the attached McMullen MPUD Market Demand Study dated April 16, 2009, and revised September 14, 2009, prepared by Fishkind & Associates, Inc. Comprehensive Planning Staff has reviewed the document and found that the study undercounted the existing, vacant office space and potential office space authorized in other PUDs. However, the petitioner and Staff have decided to "agree to disagree" on the Market Demand Study data and to proceed to CCPC hearing, where the issue will be vetted. The petitioner has also communicated with Swamp Buggy representatives regarding the noise and sign issues. Regarding the noise issue, Swamp Buggy representatives are seeking an exemption from the noise ordinance. The amendment to the noise ordinance is proposed to be heard at the February 9, 2010, Board of Collier County Commissioners (BCC) hearing. Furthermore, prior to entering into a sales contract with potential care unit residents, the petitioner has also committed to provide a disclosure statement regarding the noise associated with Swamp Buggy Races. The petitioner has also eliminated the previously proposed 48 multi- family dwelling units that could have been adverscly impacted by noise from the motor sports within the Swamp Buggy grounds. In addition, the Swamp Buggy representatives expressed concern about their sign located at the intersection of Collier Boulevard and Rattlesnake-Hammock Road. The sign will be impacted Page I of5 PUDZ-2007-AR-11320 January II, 20 I 0 Agenda Item No. 170 April 13, 2010 Page 46 of 483 by the reconstruction of the intersection which is being funded by the adjacent developments, one of which is the McMullen MPUD. Since the petitioner does not own the land where the sign is located, they have recommended that the Swamp Buggy representatives contact the property owner, George Bauer, to address their sign issues. Around the time of the CCPC hearing date, two other issues arose. One is a concern about storm water from the proposed McMullen MPUD site. The other is a question as to why the Transportation Concurrency Management Area (TCMA) was not included in the Transportation Impact Statement (TIS). The storm water issue has been resolved; the existing South Florida Water Management District (SFWMD) permit mandates that the storm water is contained on-site prior to discharging to the west of the McMullen site. Regarding the TCMA issue, Transportation Staff has noted that the McMullen MPUD is not located on any of the constrained roadways within the TCMA. In addition, the two roadway segments that would be most impacted by the McMullen MPUD are currently under design or construction. These roadway segments will have adequate capacity within the five year planning period. In addition, the petitioner will be providing their fair share contribution towards the Collier BoulevardJRattlesnake Hammock intersection improvements and will be donating right- of-way as well. As discussed above, the petition has changed slightly since the last CCPC hearing. The multi- family residential use has been removed and child day care service has been added. Finally, Staff has also revised the Rezone Findings (Attachment G) and the Future Land Use Element (FLUE) Consistency Review (Attachment F) to reflect staff's analysis of the Market Demand Study and the elimination of the residential land use. (See attached). NEIGHBORHOOD INFORMATION MEETING (NIM): Because it has been one year since the first NIM meeting, the agent/applicant duly noticed and held another required NIM on December 9, 2009 at 5:30 p.m. at the Edison College auditorium. In attendance were the applicant's team and county staff. There were no people from the public present. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the supplemental staff report PUDZ-2007-AR-I1320, revised January 8, 2010. SUMMARY: Staff had previously recommended denial of the petition in the original staff report dated March 5, 2009. However, the original Staff recommendations of approval have been addressed in the Page 2 of5 PUDZ-2007-AR-11320 January 22, 2010 Agenda Item No. 17D April 13, 2010 Page 47 of 483 revised McMullen PUD, revised January 21, 2010, and the recommendations are subsequently removed. (The reason for removal is balded in parenthesis): 1. Amend Exhibit A McMullen MPUD "Permitted and Accessory Uses" to identify support medical uses (within the 'I. mile distance from the hospital). (Exhibit A has been amended to identify support and medical uses). 2. Amend Exhibit C McMullen MPUD "Master Plan" to depict and clearly identify (with striping or cross-hatching) only that area within the y., mile distance that is eligible for support medical uses. (Exhibit C has been amended to depict the area within the y., mile support medical uses). 3. The owner, or its successors and assigns, shall construct a berm and sound wall totaling 12 feet in height along the PUD property boundary adjacent to the Swamp Buggy grounds no later than when the residential development or care unit development receives its first certificate of occupancy. (Staff has concluded that disclosure statement regarding the noise associated with Swamp Buggy Races that will be entered into with the potential care unit residents is sufficient). 4. In all sales documentation and literature for the sale of any portion of the PUD property, the owner, or its successors and assigns, shall disclose to potential buyers the location of the Swamp Buggy grounds. (Staff has concluded that disclosure statement regarding the noise associated with Swamp Buggy Races that will be entered into with the potential care unit residents is sufficient). 5. All buildings and structures for residential and care unit development shall be designed and constructed to be soundproofed with a sound level reduction (SLR) of 35. The soundproofing may be accomplished by building design, choice of construction materials, and execution of construction detail in accordance with generally accepted architectural and acoustic standards. (Staff has concluded that disclosure statement regarding the noise associated with Swamp Buggy Races that will be entered into with the potential care unit residents is sufficient). The CCPC also requested that the following revision be made to the Master Plan at its' March 5, 2009 hearing; It has since been superseded by a revision to the Master Plan which removed Tracts A and B and resulted in a single tract: 6. Vehicular, pedestrian and bicycle interconnection shall be provided between Tracts A and B. RECOMMENDATION: Staff recommends that the CCPC forward the McMullen MPUD to the Board of County Commissioners (BCC) with a recommendation of approval. Page 3 of5 PUDZ-2007-AR-J 1320 January 22,2010 PREPARED BY: v\ NANCY G D, A H, AICP, PRINCIPAL PLANNER ENGINEER! G,' IRON MENTAL, COMPREHENSIVE PLANNING AND ZONING SERVICES REVIEWED BY: (( RA ND V. BELLOWS, ZONING MANAGER ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING AND ZONING SERVICES llre/l-' W~ LlAM D. L NZ, r., P.E., DIRECTOR ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING AND ZONING SERVICES APPROVED BY: ~~ NICK CASALANGUIDA:, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ~JPI~ P. STRAIN~ CHAIRMAN, CHAIRMAN COLLI 'R COUNTY PLANNING COMMISSION: Page 4 of 5 PUDZ-2007-AR-] 1320 January 22, 20]0 Agenda Item No. 170 April 13, 2010 Page 48 of 483 \-0.10 DATE ,- 2.2..- /0 DATE or-z:2.-/t) DATE OI-L)--/eJ DATE Z - c{ -{ () DATE J.,( lD~fvd 1S DO"" ....~'" ~O.... N_ O ~O z""m ~.... E 1': Q) ~~g> '" n. -0 C Q) '" <( Q ::> .. a z o > a_ z wQ >--!;( ,"0 '3 " " Q ::> D..~ 1N}~]S\;/] l;V'd"-,.OLI " " > ~ < Q Q ir ~ ~ ~ ~ r '" '" '" 000 Q ~ " ="'" / -. - .:. 0... <( ~ (9 Z - Z 0 N " > a: l- I- e N '" c>: " Q ::> '" .. ~I => a., "~I i=: ~I 0... <( ~ Z 0 - I- <( U 0 ...J Page One Application McMullen MPUD Date: 07-27-47 (Revised 11-12..(9) .J (i) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403.2400 FAX (239) 643-6968 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET APPLICATION FOR PUBLIC HEARING FOR: o AMENDMENT TO PUD (PUDA) [gJ PUD REZONE (PUDZ) o PUD TO PUD REZONE (PUDZ-A) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER To be compleled by sluff APPLICANT INFORMATION ~ NAME OF APPLICANT(S): MR. GREGORY S. SEMBLER. PRESIDENT SEMBLER RETAIL II INC. GENERAL PARTNER, SEMBLER FAMILY PARTNERSHIP #42 ADDRESS 5858 CENTRAL AVENUE TELEPHONE # 727.384.6000 E-MAIL ADDRESS: CITY ST. PETERSBURG STATE FLORIDA ZIP 33707-1716 CELL # 561-893-0521 FAX # 561-893-0524 NAME OF AGENT ROBERT J. MULHERE OF RWA.INC. ADDRESS 6610 WILLOW PARK DRIVE. SUITE 200 CITY NAPLES TELEPHONE # 12391597-0575 CELL # _(2391825-9373 E-MAIL ADDRESS:RJM(a)CONSULT-RWA.COM STATE~ZIP 34109 FAX # 12391597-0578 NAME OF AGENT R. BRUCE ANDERSON. ESQUIRE ROETZEL & ANDRESS ADDRESS 850 PARK SHORE DRIVE TRIANON CENTRE-THIRD FLOOR CITY NAPLES ST ATE-L!, ZIP 34103 TELEPHONE # 12391 649-2708 CELL # FAX # 12391 261-3659 E-MAIL ADDRESS:BANDERSONlaJRALAW.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. ... Page Two Agenda Item No~ 170 April 13, 2010 Appllcatlon McMullen MPUD Page 5 I 01 48f Date: 07-27-07 (Revised 11-12-(9) , ASSOCIA nONS I. Complete the following for all Association(s) affiliated with petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS N/A CITY STATE ZIP 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 interesl. (Use additional sheets if necessary). Name and Addre.. Percenlaae of Ownershio N/A b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Addre.. Percentaae of Ownershio e. N/A If the property IS In the name of a TRUSTEE, list the beneficiaries of the trust with the ,... percentage of interest. " Name and Address Pereenlaae of Ownershio N/A d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Nome and Addre.. PerCenla\le of Ownershio SEMBLER F AMIL Y PARTNERSHIP #42, L TD Semble. Retailll, Inc. Melvin F. Sembler Sembler Holdings III, Ltd. Brent W, Sembler B & 0 Sembler Investment Partncrship, LP Gregory S. Sembler .lEEB Investment Partnership, LP Craig H. Sher Craig H. & .Ian Miller Sher Family Partnership, LId, Jeffrey S. Fuqua Joseph A. Filippelli David E. Murphy Ronald P. Wheeler General Partner Limited Partner Limited Partner Limited Partner Limited Partner Limited Partner Limited Partner Limited Partner Limited Partner Limited Partner Limited Partner Limited Partner Limited Partner r- ~ At ~ Agenda Item No. 17D Page Thr.. Application McMullen MPUD Date: 07-77.(J7 (Revl.ed 11.12.(9) SEMBLER RETAIL II, INC. Melvin F. Sembler Brent W. Sembler Gregory S. Sembler Craig H. Sher Shareholder Shareholder Shareholder Shareholder SEMBLER HOLDINGS Ill, L TD, Melvin F. & Betty S. Sembler Brent W. SembleT, as custodian fOf minor grandchildren ofM. & B. Semhler Erin Brook Sembler Brent W. Sembler & Gregory Sembler, as custodians for minor grandchildren ofM. & B. Sembler Gregory Sembler, as custodian for minor grandchildren ofM. & B. Sembler General Partners Limited Partner Limited Partncr Limited Partner B&D SEMBLER INVESTMENT PARTNERSHIP, LP Limited Partner Brent W. Sembler Brent W. Sembler Dcbbie Nye Sembler Brent W. Sembler, as custodian for minor children ofB. & D. Sembler General Partner Limited Partner Limited Partner Limited Partner JEEB INVESTMENT P ARTNERSHlP, LP Gregory s. Sembler Gregory S. Semhler, as custodian for Minor children of G. Sembler General Partner CRAIG H. & JAN MILLER SHER FAMILY PARTNERSHIP, LTD. Limited Partner Craig H. & Jan Miller Sher Alison B. Sher Jessica L. Sher Stacy Sher General Panners Limited Partner Limited Partner Limited Partner e. If there I. a CONTRACT FOR PURCHASE, with an individual or individual., a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the oHicers, stockhalders, beneficiaries, or partners. Name and Address N/A Percentage of Owner.hip Date of Contract: Application McMullen MPUD Agenda Item No. 170 April 13, 2010 age 0 Page Feur D....: 07-27~7 (Revised 11-12-(9) f. If any contingency clause or contract terms involve additional ponies, list all individuals officers, if a corporation, pannership, or trust. or 6. Name and Address g. N/A Data subject propeny acquired 0 leased 0 Term of lease N/A yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminales: , or Anlicipaled closing dale h, Should any changes of ownership or changes in conlracts for purchase occur subsequenllo Ihe dale of applicalion, bul prior 10 Ihe dale of Ihe final public hearing, it Is Ihe responsibility of the appllcanl, or agenl on his behalf, 10 submit a supplemenlal disclosure of inleresl form. Detailed leeal description ofthe nronertv covered bv the apnlication: (If space is inadequate, alloch on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicanl shall submit four (4) copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if required to do so at the pre-application meeting. r NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Seetion{Township/Range ~~.--l~ Lot: Block: Subdivision: Plat Book_ Page #: Property 1.0.#: 00417760001 Metes & Bounds Description: THE S 1 12 OF THE SE 1 14 OF THE SW 1 14 OF SECTION 14 TOWNSHIP 50 SOUTH RANGE 26 EAST COLLIER COUNTY. FLORIDA LESS THE WEST 80 FEET. Size of propertv: 675 ft. X 1246.78 ft. = Total Sq. Ft. 841.579.2 Acr.s 19.32 Address/eeneral location of subiect propertv: The subject DroDeny i, oenerolly locoted ';' mile ea,t of Collier Boulevard rCR9511 on ROlllesnoke Hommack Road Extension. ~ ~ ~ ~ SEMBLER FAMILY PARTNERSHIP #42, L TD Sembler Retail II, Inc. Melvin F SembleI' Sembler Holdings III, Ltd Brent W SembleI' B & D SembleI' Invesbnent Partner'Ship, LP GregOIY S Sembler JEEB Invc:sbnent PaItnership, LP Craig II. Sher Craig H. & Jan MilicI' Sher. Family Partnership, Ltd. Jeffi-cy S. Fuqua Joseph A. Filippelli David E, Murphy Ronald P Wheeler SEMBLER RETAIL 11, INC, Melvin F Sembler Brent W. Sernbler Gregory s.. SernblCI Craig H, Shel General Partner Limited PaItner Limited Partner Limited Partner Limited Partner Limited Partner Limited Pal tner Limited Partner Limited Partner Limited PaItner Limited PaItner' Limited Partner Limited PaItner Shareholder Shareholder Shareholder Shmeholder SEMBLER HOLDINGS III, LTD. Melvin F. & Bctty S Sembler Brent W Sembler, as custodian for minor grandchildIen ofM. & B Sembler Erin Brook Sembler Brent W Sembler & Gregory Sembler; as custodians for minor grandchildIen ofM. & B.. Sembler GregoIY Sembler, as custodian for minor grandchildIen of M. & B.. Sembler Gener al Partners Limited Partner Limited Partner Limited Partner Limited Partner Agenda Item No. 170 April 13, 2010 Page 54 of 483 B&D SEMBLER INVESTMENT PARTNERSHIP, LP Blent W Sembler Brent W, Sembler Debbie Nye Sembler Brent W, Sembler, as custodian fOI minor children ofB.. & D Sembler General PartneI Limited Partner Limited Paltner' Limited PSltner JEEB INVESTMENT PARTNERSHIP, LP GII:gory S. Semble! GregOty S Semble!, as custodian for minor children ofG. Sembler General Partner Limited Partne! CRAIG H, & JAN MILLER SHER FAMILY PARTNERSmp, LID, Craig H. & Jan Miller Sher Alison B. She!. Jessica L Shel Stacy E. She!' General PBItners Limited PBItnel Limited PBItner Agenda Item No. 170 April 13, 2010 Page 55 of 483 -. c r ~ ~ ~ Page Five Application McMullen MPUD Date: 07-27.07 (Revlsecl 1-8-10) ADJACENT WNING AND LAND USE PUD District (LDC 2.03.06): D Residential IZJ Commercial Land use o Community Facilities o Industrial 0 Mixed-Use Zoning N A S A PUD W PUD V ocant londs Vacant lands Swomo Buggy DaYS. Imoroved Hammock Park Commerce Center. Vacant lands Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space Is inadequate, attach on separate page). Hommock Park Commerce Centre CPUD Section/Township/Range ----H-J~J~ Lot: Block: Subdivision: Plot Book O.R.lS73 Page #:~ Property 1.0,#: 00416760002 & 00416720000 Metes & Bounds Description: Hammock Park Commerce Centre CPUD A PARCEL OF LAND lOCATED IN THE SOUTHWEST 'I. OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: O.R. 1573, PAGE 355 THE NORTH ONE-HALF (N V,) OF THE SOUTH ONE-HALF (S V,) OF THE SOUTHWEST ONE-QUARTER (SW 'I.) OF THE SOUTHWEST ONE-QUARTER (SW 'I.) lESS THE WEST 100 FEET OF ROADWAY FOR COUNTY ROAD 951; SECTION 1 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND THE WEST 80 FOOT PARCEL OF THE SOUTH ONE-HALF (S V2) Of THE SOUTHEAST ONE-QUARTER (SE 1(.) OF THE SOUTHWEST ONE- QUARTER (SW 1 II; SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. O.R. 1708, PAGE 1667 THE SOUTH 112 Of THE SOUTH V2 Of THE SOUTHWEST '1. OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, flORIDA, lESS THE WEST 100 fEET THEREOF FOR ROAD RIGHT-Of-WAY. Agenda Item No. 17D April 13, 2010 Page Six Application McMullen WUO Date: 07-27~ (Revisecll1.12.09) REZONE REQUEST I. This application Is requ.sting a rezone from the A - Aorlculture zoning district to the MPUD zoning district. Present Use 01 the Property: Vocant londs Proposed Use (or range of uses) of the property: Permitted Uses for Activity Center #7 medlcol/Drofessional office senior Iivino facilities (care units) and aeneral retail. Original PUD Name: N/A Ordinance No.: N/A EV ALUA TION CRITERIA Pursuant to Section 10.02.13 of the Collier County Land Development Code, staH's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of Caunty Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific relerence to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Rezone Consideratiolu {LDC Section 10.02.13.B1 1. The suitability of the area lor the type ond pattern of development proposed In relation to physical charaderistics of the land, surrounding areas, traffic and acce", drainage, sewer, wetter, and other utilities. The subied property consists of 19.32 acres +/" ond is located within Activity Center # 7 (Rattlesnake Hammock Rood (extension) and Collier Boulevard intersection). A site specific GMP amendment was approved on the subied property allowing specific uses and limiting squore footage. The FLUE (reads as follows: c- With respect to the +/- 19 acres in the northeost quodront of Activity Center #7, said ocreoge lying adlacent to the east of the Hammock Pork Commerce Center PUD, commercial development (exclusive of the allowed "1/4 mile support medical uses") shail be limited to 0 total of 185,000 square feet of the following uses: personal Indoor self-storoge focllities - this use shall occupy no greater than 50% of the total (185,000) building square feet; offices for various contractor/builder construction trade specialists inclusive of the offices of reloted professlonol disciplines and services thot typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys .... these offices of reloted professional disciplines and services sholl occupy no greater than 500/0 of the totol (185,000) building square feet; warehouse space for various contractor/builder construction trades occuponts; mortgage and land title componles; reloted businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores - 011 os accessory uses only, accessory to offices for various contractor/builder construction trade specialists or accessory to warehome space for various contractor/builder construction trades occupants; monagement associations of various types of buildings or provision of services to buildings/properties; and, fitness centeno r- ..) ~ At Application McMullen MPUD Agenda Item No. 170 . 0 Page 58 of 4 3 I Page Seven Date: 07-27..07 (Revised 11-12..09) Given the very specific nature of the FLUE regulations opplicable to the subject property, it is cleor thot the subject property is suitoble for the type ond pattern of development proposed In this PUO, specificoliy In relation to physico I characteristics of the land and surrounding areas. Traffic: and access, drainage, sewer, water, and other utilities hove been addressed in the proposed rezone, in accordance with lDC requirements. A more detailed review of such matters including the specific location of access points, detail stormwater management designs, and designs for providing central sewer and water to the site will occur during subsequent pion and plot and/or SOP submittol. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contrad, or other Instruments, or for amendments in those proposed, particularly as they may relate to arrangementli or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The proposed PUD rezone demonstrates unified control of the subject properly. The proposed MPUD will adhere to appropriate provisions for continuing operation and maintenance of all common areas, depending upon the ultimate form of development and/or ownership. 3. Conformity of the proposed PUD with the goals, objectiv.s and policies of the growth management plan. The proposed PUD rezone is consistent with all applicoble GaPS set forth in the various GMP Elements, including the Futvre Lond Use, Conservation and Coastal Management and Transportation Elements. 4. The Internal and external compatibility of proposed uses, which conditions may include restridions on location af improvements, restrictions on design, and buffering and screening requirements. The MPUD will comply with all applicob/e requirements set forth in the lDC, including buffering and screening requirements. No deviations from the lDC have been requested. This, coupled with adherence to the Development standords set forth in Exhibit B. and adherence to the County's Commercial Architecturol ond Design Guidelines will enSure internol and external tompatibility. S. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open spoce set oside by this proposed project meets or exceeds the provisions of the LDC, which requires a minimum of 30% percent Open Spoce. Included in the Open spoce calculation are: Yards, Buffers. Lakes, and the Preserve area. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The timing and sequence of the permitting of the proposed development coincides with the programming of the County's proposed capitol improvements to meet co"c;urrency requirements. Adequate improvements, utilities ond other facilities can be provided. 7. The ability of the subject property and af surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads is supportive of conditions emanoting from urban development. Relative to this Petition, development of the subject property js Agenda Item No. 170 April 13, 2010 Application McMullen MPUD age 0 83 Page Eight Date: 07-27..07 (Revised 11.12..()9) timely, because supporting infrastructure ;s available, or will be in place by the time permitting of the . proposed improvements is complete. 8. Conformity with PUD regulations, or as to desirable modifications of such r"llulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The development standards in the proposed MPUD document are similar to those standard. used for the commercial and institvtionat land uses, and related improvements when compared to other PUD with similar us8s. Additionally, no deviations from the tDC ore requested. Deed Restridions: The County is legally precluded from enforcing deed restriction., however, mony communities have adopted such restrictions. You may wish to contect the civic or property owners ossociation In the area for which this use Is being requested in order to ascertain whether or not the request Is affected by "xisting deed restrictions. Previous land use Delitions on the subiect DroDerty: To your knowledge, hos a public hearing been held on this property within the last year? [8'] Ves 0 No If so, what was the nature of that hearlngi 1" Plonnlnq Commission Hearino held March 5 2009 ~ This application will be considered "open" when the determination of "sufficiency" has been mode and ll- the application is assigned 0 petition processing number. The application will be considered "closed" I'. when the petitioner withdraws the application through written notice or ceases to suoply necessary information to continue orocessina or otherwise actively oursue the rezonina for a oeriod of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". further review of the proiect will be subject to the then current code. (lDC Section 10.03.05.Q.) ~ .J At ~ Agenda Item No. 170 April 13, 2010 Page 60 of 483 Ii' \U AFFIDAVIT ~ We/I, Croia Sher Sembler Familv PartnershiD #42 Ltd being first duly sworn, depose and scy that well om/are the ownen of the property described herein and which is the subject matter of the proposed hearing; that 011 the answers to the questions tn thIs application, including the disclosure of interest information, 011 sketches, dota, and other supplementary matter attached to and made 0 port of this application, ore honest and true to the best of out knowledge and belief.. Well understand that the information requested on this application must be wmplete and accurate and thot the content of this form, whether computer generated or Collnty printed sholl nof be altered.. Public hearings will not be advertised until this application is deemed cornplete~ and ell required information has been submiued As property owner Well further outhorl:ze Bob Mulhere cnd Dwiaht Nadeau RWA Inc. and R. Bruce Anderson of Roetzel and Andress to oct OJ our/my representative in any matters regarding this Petit" n Craie Sher Typed or Printed Nome of Owner Signature of Property Owner Typed or Printed Name of Owner The foregoing instrum..nt wos o<knowledged before me Ihis ~. doy of b 200L by Crolc Sher ~ho is personally known to me or $ produc d as identification. Stole of+~Q....., County of~ Sharon M. Vizandiou Commission # 00473101 Expires October 21. 2009 8oq1llIllro,Fanl~wa-netln(_~1Dlt v-'~ Sharon M, Vizandio\ I (Print, Type, or Stamp Commissioned Nome of Notary Public) Agenda Item No. 170 Apri/13,2010 Page 61 of 483 ~ RWA,lnc 6610 Willow Park Drive Suite 200 Naples, Florida 34109 Roetzel and Andress 850 Park Shore Drive Trianon Centre-Third Floor Naples. FL 34103 To Whom It May Concem: Please be advised that authorization is hereby given to Robert J Mulhere of RWA, Inc. and R. Bruce Anderson of Roetzel and Andress to act as agents in all actions relating to the permitting of a mixed-use land use on the following described lands: Please see attached legal description r STATE OF FLORIDA COUNTY OF COLLIER 3 ti~ The foregoing instrument was acknowledged before me this {) day of 2007, by CRAIG SHER. who is personally known to me, and who did not take an oath ~)1{.~;"J)~ NOTARY PUBLIC Sharon M. Vizandiou : GOll1lOllSion # D0473101 ~lllllf'* October 21, 2009 ;",'~htt""""""H~III'.tl>>oJO.lOl. NOTARY PUBLIC Commission Number: Witness my hand anh this 39- day of cr ,2006 .. Q- .111l"6.060010 (10 00 .\kMI.>Ucn i i(. I ,,\ \11'1.1) (11)0,= \1 PUD ,\pphcOItI<m L,'~l r>.-.:~ ,"\ gem I ,etlcr tluc ~ At ~ Agenda Item No. 170 April 13, 2010 Page 62 of 483 Statomont of UtIlity Provisions Me Mullen MPUD Page Ono Dato: 07.27..07 (Roviseclll-12..09) STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST I APPLICANT INFORMATION ~ NAME OF APPLlCANT(S) MR. GREGORY S. SEMBLER PRESIDENT OF SEMBLER RETAIL II INC.. GENERAL fA&llifR OF SEMBLER FAMILY PARTNERSHIP #42 LTD. ADDRESS 5858 CENTRAL AVENUE TELEPHONE # 1727\ 384-6000 CELL # E-MAIL ADDRESS: CITY ST.PETERSBURG STATE----E!.-ZIP 33707-1716 FAX # 17271 347-0247 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): The subiect araaertv is aenerallv located V, mile east of Collier Boulevard ICR951l on Rattlesnake Hammock Road Extension I LEGAL DESCRIPTION SectionfTownship/Ronge ~~~ Lot: _ Block: _ Subdivlslon:_Plal Book_ Page #:_Properly I.D.#: 00417760001 Metes & Bounds Description: THE S 1/2 OF THE Sf 1/4 OF THE SW 1/4 OF SEatON 14 TOWNSHIP 50 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA. LESS THE WEST 80 FEET. I TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM ~ b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGETREATMENT PLANT 0 (PD capocity) e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED o. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PRIVATE SYSTEM (WELL) 0 TOTAL POPULATION TO BE SERVED: 185000 sf commercial PEAK AND AVERAGE DAILY DEMANDS: A. WATER.PEAK 19.27 GPM AVERAGE DAILY 18.500 GPO B. SEWER-PEAK 16.70 GPM AVERAGE DAILY 18 500 GPD Slatoment of UtIlity Provi.ion. McMullon MPUD Agenda Item No. 17D April 13, 2010 Page 63 of 483 I Date: 07-27"07IR.vl.... 11.12..(9) J e. Po.. Two WClter Averag. Dally Comme-rcial: Square f... ]I 0.1 GPD 18'.000 x 0.1 " 18.500 GPD Sewe, Average Dally Commercial: Square feet x 0.1 GPD 185,000 x 0.1 " 18.500 GPD Water-Peole (Ayg. Daily x 1.5) + 1440 118.500 x 1.5) .;. 1 <<0 " 19.27 GPM Sewer.Peak (Avg. Doily x 1.3)'" 1440 (18.500 x 1.3)';' 1440" 16.70 GPM IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED Julv 2010 NARRATIVE STATEMENT: Provide c brief and conci$e narrative statement and schemotic drawing of sewage treatment process to be used os well os 0 specific stotem&nt regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soli Involved sholl be provided from tests prepared cnd certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT. If the project is locoted within fhe services boundories 01 Collier County's utility service system, written notarized statement sholl be provided agreeing to dedicate to Collier County Utilities (_ the water dlstribvtion and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement sholl olso include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County_ If applicable, the statement sholl contain sholl contain on agreement to dedicate the appropriate utility easements for serving the water ond sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless woived or otherwise provided for of the pre- application meeting, if the prolect is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project sholl be provided. ~ ~ ~ ~ Agenda Item No. 170 Apri/13,2010 Page 64 of 483 COVENANT OF UNIFIED CONT ROL The nndersig.ned do hereby s\\car or amrm that tht:)' are the contT~c[ purchaser of record ofpropeny commonl} kno\\n as loolcMnllen ~lPUD. Folio # 00417760001 and legally described jn Exhibit A attached hertlO The property described herein is the subj~cl of an application fOI a mixed-use phumed unit de\-elopmellt (MPUD) zomng. We berr=by designate Roben Mulhere, Vice President Planning Services. Dwight Nadeau.. Planning Manager. of RWA. 1m:, and R Bmce Anderson, Attorney, of RoetleJ & AndRls, legal representatives thereof. as the legal representDtives of the property and as such.. these individuals arc autborized to legally bind all owners of tbe propeny in the course of sctking lhc necessary appro'lals to develop _ This authority includes. but is not limited to, !be hiring and authorization of agents 10 assiSt in the preparnlion of applications pJatlS" surve)'S, and studies neCCSSGIY to obtain zoning approval on the site, These representatives will rc:lJUl.m the only entity to allthorize dc\eJopment activity on the property until suc.h time as a new or amended covenant of unified control is delivered 10 Collier County. The wldersigncd recognize the following and will be guided accordmgly in Ihe pursuit of de,'cloprncnt of the prllject: 1. The property will be dc\'e1oped and llsed in conformity with the approved master plln including 011 condjtions placed on the d~Yelopmcnt Dnd oll commitments agreed to by the .o.pplicant in connection with the planned ubit dcvelopment rezoning The l~gal representative identified herein is responsible for compliance \\.ith all tenos, conditions, safeguards, llnd s1ipulations made at the time of llppro,"'al of the master plan. even if tbe property is subsequently sold in whole or in part. unless ~d Until a new or amended covenan1 of unified control is deli...-ered to and recorded by Collier County A deparNre from the prov-u,;ions of the approved plans or a [ailure to comply Wlth any requirements, condillons. or safeguards provided for in the planned unit dtve:1opment process ",'ill constitute a violation of the Land Development Code. AU terms and conditions of the: planned unit development approval will be incorporated into covenants and reStTiclioll5 which TUll \\11h the land $0 as 10 pro\oide notice to subsequent owners that all de\leloprnent activity within the plonned unit de'felopmcnt must be consistent with those tefTT15 and conditions. So long as this co,'enan1 is in force. Collier County c~n. upon the discovery of noncompliance with the term$. safeguards. .md conditions of the planned unit development. seek equitable relief as necessary 10 compel complia e. The County will not issue permits, certificates, or licenses 10 occupy or use a.ny pan of the pia a it de\' opment and the County may SlOp ongoing construction acti""ity until the project i! brough. inlQ (t Iia c ~'ith aT termS" conditionS and safeguards oflhe plauned unit de'l.'clopmcnl Printed Name STATE OF Fl.ORIDA) COUNTY OF COLHER) Swom I. (u~ .1r.rolO~) .nd snbwibed bef.re me .his 30 d.yof ru.., .2001 by ____C:". t:i...'=-1'-;) h e,..r:.__._____ who i, person. II}' known '0 me or h.s produ\!,d ___...0_.______ as idcluificatiotl ~ -f1(. ~ ~~ Notary Ptl~'-_._-~.'.-T' (:'<.me ~j1~hMdM-,;;}t~iou Sharon M. Vlzandiou Commission # 00473101 Expires October 21, 2009 h>WdTIO,l'"IlIllnwttllM I~( t004t$"ro" (Seritll Number Ifan)) Q\Z\1,&,';?(';o:tQ~, c-c 1.IcM",offI GC CIl", r.lPUC',OOOI MP'JO "'p~,~u~"'l~~1 Dae;.\CO\'ENANT 01' UMI'IEC corjf~1. PI,lD Ruone $...0. ~ Agenda Item No. 170 April 13, 2010 Page 65 of 483 . COLL TER COUNTY UTlLITY DEDICATION ST'A TEMENI I, Craig Shcr, President of SembleI' Retail II, Inc, Gene.al Partner of SembleI' Family Paltnership #42, Ltd, being first duly swom, depose and say that SembleI' Family Partnership #42, Ltd, agrees to dedicate to Collier Coun1y Utilities, the water distribution, and sewage collection facilities within the project area upon completion of the consltuction of these facilities in accordance with all applicable County ordinances in effect at the at rime Additionally, Sembler Family Partnership #42, Ltd, or sllccessor developer agree that the applicable system development charges and cOlUlection fees ",ill be paid to the County Utilities Division prior to the issllance of building permits by the COllnty Finally, and if applicable, SembleI' Family Partnership #42. Ltd, or succeSSOr developer aglees to dedicate the appropriate tility easements for serving lhe water and sewer systems. Craig er, P i I ofSemblet Rctailll, Inc.. General Pa or ofBembler Family Partnership #42. ltd c The foregoi;)j: instrument 'Yas acknawledged before me this :5 0 day o~~, 2007, by L::rD.."1 oS h.e 0{ who is personally known to me. has pro ed as identification State of 7t$..~ County 0 _~ Sharon M, Vllandlou Commission # 00473101 Expires OClober 21, 2009 8OIldtGT~,~Ul IllSUt1IQ 1II~ ~}.7I)1t (~o~~ Sharon M. Vizandiou (Print. Type. or Stamp Commissioned Name of Nota.y Puhlic) r- .. ~ ~ Agenda Item No. 170 Apri/13,2010 3805228 OR: 4002aN:61~3 mORDID in Ol!lCIAI. ucms of COLLIn coum, lL 03/21/2001 at 11 :22n alIGHT I, BlOCI, CLIO DC m 52.50 Doe..lD .10 RatD: 10011 leeLOm It AIo 5150 I TAlIAlI n no! WLlS lL 31113 This instrument prepared by and return to: Cluistina M. Breiner, Esq. Ruden McClosky I SO Second Avenue North, 17th Floor St. Petersburg, FL 33733 .... __Spgce above this line for recorder's use onlv .-"-,"0 R Co I~ /~ \~--:""'-.l..':''v;.... /0"'./ "......<r',\ / I..) /6UIT CLAIM DEBt>( I ~-~ , \ I '-----r- This Indentw'e mad9 thi( _ a'a)I 0 arcli, ~OO6, ~~ TOLL-RAITLESNAKE, LLC, a Florida limited lia~lity ,bse dress 28341 Tamiami Trail, Suite 4, Bonita Springs, ryori a 41 4, a'd ESNAKE, LLC, a Florida limited liability company:,:f! 'e. ss! ~1l1 5858 Central Avenue, St. Petersburg, Florida 33707. \I:~\ J.L i /5j WITNESSETH, that ~~ Grantor, for an~~~ ~~ation of the sum ofTen Dollars ($10,00) in hand paid by th~-~ -, ee, the rec' ~eof is hereby acknowledged, has remised, released and quitclaimed, . i"t. -p(~' es remise, release and quitclaim unto the said Gramee all the right, title, intere '. emand which the said Grantor has in and to the lot, piece or parcel of land, situate lying and being in the County of Collier, State of Florida, described in E:dtibit "A" attached hereto and made a part hereof (the "Property"). TO HA VB AND TO HOLD the same, together with all and singular the appurtenances thereunto belonging or in anyway appenaining, and all the estate, right, title, interest and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behalf of the said Grantee. STP:63OS18:1 Agenda Item No. 170 April 13 2010 OR: 4002 P()~9!~6.f 483 This Quit Claim Deed may be executed in several counterparts, each of which shall be fully .. effective as an original and all of which together shall constitute one and the same instnDnent. IN WIlNESS WHEREOF, the said Grantor has caused these presents to be signed the day and year above written. Signed, sealed and delivered in the presence of' GRANTOR: TOLL-RATILESNAKE, LLC, a Florida limited liability company By: Scmbler Family Partnership II 42, Ltd., a Florida limited partnership, its Manger By: Scmbler Retail II, Inc., a Florida corporation, its General Partner //SfiSi'JZ1l:> /. 0 \, ~ ....." v;t "-." rai / "'---~i_~~..,r-\ \ \ p, - i7\\jlED \"\Y\ i \t"', \ V U) I . li I!-J \ ,..., \ '-' "'BY: 0 FL VULiin1l:t.tl Partnership, a Florida \~..,\ Iimi~~~~,itsManager .-f" . .{ t. \", / '\ -(--, '-" ~ / '~0 ~~ By.: ~ Corp., a Florida corporation, '<( Ii --::----- ~. eraI Partner ,-J!.~ ~J.~> By: Name: Title: c Print Name: Print Name: r- STP:S30434:1 Agenda Item No. 170 OR: 4002 ~g~~l\m~ ~ STATE OF FLORIDA COUNTY OF PlNELLAS The foregoing instrument was acknowledged before me this It:. day of March, 2006, by Craig H. Sher, President of Sembler Retail n, Inc., a Florida corporation, the general partner of Sembler Family Partnership #42, Ltd., a Florida limited partnership, the Manager of TOLL- RATTLESNAKE, LLC, a Florida limited liability company, on behalf of such entities, who is either /CHECK WHERE APPLICABLE/ ~ personally known to me, or _ has produced a driver's license as identification. ~.. . P. Patel :. . eoJ;.,inion' DD4~2950 expires June 20. 2009 , It .....'......... __ ___roll t~MuI Print Name: Jilna f'~tp.1 NOTARY PUBLIC My Conunission Expires: I'} /J z,,). """'1_ ...-:::~.~~-- /.\ J f.,\<. COr ,',:,-. ....:.:v ;;:>----.:::." \I:>.," STATE OF FLORIDA /r(0/ .......' J" / .1/ ,,"'" \ COUNTY OF .' / C-~- f'1 \ \ . a The foregoing instrur!.en/ .~.~ -. '~~;\- day of March, 2006, by ......." , I ,I, bJV torp., a Florida corporation, the general partner of ToIl FL Vn-l: .. I, Flori a iml~lpartnership, the Manager of TOLL-RATTLESNAKE, LI.\.Gi~~ n orida IIIDt 1 i1i~Y mffl!'f' on behalf of such entities, who is either {CHECK Wl(~!g( A,PPUCABLEJ .Jk:... Pfrs/,-PiJIlt known to me, or _ has produced a _ ~icense as identiflb'a . !l"'Cl '(--r2;:~:-_. ~....;;?<~y ,--fJ [' c \ ~ame: NOTARY PUBLIC (Notarial Seal) My Conunission Expires: ... STP:630434 :1 Agenda Item No. 170 April 13, 2010 OR: 4002 PG~gi56ef 483 This Quit Claim Deed may be executed in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. . IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed the day and year above written. Signed, sealed and delivered in lhe presence of' GRANTOR: TOLL-RA ITLESNAKE, LLC, a Florida limited liability company By: Sembler Family Partnership # 42, Ltd., a Florida limited partnership, its Manger By: Sembler Retail II, Inc., a Florida ._..._-. corporation, ......:~ ReO f....'~ General Partner /.:c~-'~---"'~;~> ,/ ly _ ~ \ / / C~~:'-'-'\ BYC~~g~ Sher, President ( (,/'FJ/~~l'~'~' \ .' I \ ( I JBl Umi1i:d Partnership, a Florida \ \1 \\~, "\..\,;j.J ...ited. ,__ ntr'p, its Manager '.~~\ B~rTO~= . ' Corp., a Florida corporation, ~i-J , \ .....; i :1- \,~ I~. ~/ I Partner .'<!.....Jf.-:--.._ ----::,3'''.../ ,1'J.IIJ (.1V,C.....~. ~__.':.::__ / DY: ~ Na . , .( ",<:-re.. Title: \I;L.... \ a";de."t c ~ STP;630918:' Agenda Item No. 170 April 13, 2010 OR: 4002 p@~e 1~6f1483 ..I STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _ day of March, 2006, by Craig H. Sher, President of Sembler Retail II, Inc., a Florida corporation, the general partner of Sembler Family Partnership #42, Ltd., a Florida limited partnership, the Manager of TOLL- RATTLESNAKE, LLC, a Florida limited liability company, on behalf of such entities, who is either [CHECK WHERE APPLICABLE] _ personally known to me, or _ has produced a driver's license as identification. (Notarial Seal) Print Name: NOTARY PUBLIC My Commission Expires: STATE OF FLORIDA COUNTY OF .... .....- At STP:63091a:l Agenda Item No. 170 April 13, 2010 *** OR: 4002 P~~g156!fttt EXHIBIT A . LEGAL DESCRIPTION The S 1/2 of the S 112 of the SW 1/4 of the SW 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the West 100 feet; AND The N 1/2 ofthe S 1/2 of the SW 1/4 of the SW 1/4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida, less the west 100 feet; AND The Westerly 80 feet of the S 1/2 of the SE 1/4 of the SW Yo of Section 14, Township 50 South, Range 26 East, Collier County, Florida; AND /05r?H (~9c:~", The S 1/2 of.the SE 1/4 of the S~':;).~tion 14, ~~.~ ? South, Range 26 East, Collier County, Flonda, less the Westetiy .f.eet~-~ "<', ! ~ -J\ '\ AND I ~I (\J~'t{d\\i\ \ ( The North 30 feet of that ~ ~.!~ws~ L ) f- i \':...:". ::::;/ \;: ) /~1 The N 1/2 of the NW 1/4 O~tIiJ~. 1/4 of Sectio~~, ,o~. . p 50 South, Range 26 Easl, Collier County, Florida, less th ~~oo feet. ~r\.,J//(~Y . r.... ./ ~ / .....1.Jf.~........___~.:;\~>"/' .........,{li!..: CI!S"'/ r- STP:ll30434:1 Agenda Item No. 170 Apri/13,2010 Page 72 of 483 ~ COLLIER COUNTY GOVERNMENT DEPT. OF ZONING" lAND DEVELOPMENT REVIEW WJN-Yi.COlllERGOV.NET Ci) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 PRE-APPLICATION MEETING NOTES .PVI,),:ltetC)ne ... o :PUDto'PUQ I..~one DpUD Amendment Date: ~~ Timel /: /5"'f'4Firm: ..5e:rf 13'- ~ e.aHP,.",.,v/ Proied Namel 11, f!UJA,~ I1Pt/D /9'. ~~ Sin of Project Site: /7, T...3acre. ~ AppUcantNamel /f/,(.r r/,OXML.-L Phonel rw- 89'3-0o-z/ Owner Nam..: ~~l!c.d -?~me:5Nlhecr t..i.~ Phane: 5"858 a ~lt:.+t.- It-v. Owner Addr.... ~r. ?1l7"~SZ tJLc.; PL.. .1'3 ;t:>7-Clty Stat._ZIP Existing PUD Name and Number As.igned Planner ;'f/~1I~ .:r: ::Pt!~rz- ~~l~ll Attendeil!J~ (l!"~~~ Sign In She~1) Svb",ithiHequlr'mel\ts 0.. ",extjog.:.ill,c!(ll,lf, ~ -1- G:\CurrentINew Pre-Application Forms 2006\PUD Rezone, PUD Amendment PUD to PUD Rezone pre-app 050404 doc pun 'AM.l\lqMStf'l'{~urv,) .PtJJ:J'~~%()N' (PUG%) pUI?;to PII.D~~~~ ('UbZ-A) -A!p~I~-ArlC;lN .SUJftlrrrALil!fECnlST Agenda Item No. 170 April 13, 2010 Page 73 of 483 . THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE. INCOMPLETE SUMBm ALS WILL NOT BE ACCEPTED. REQUIREMENTS #OF COPIES REQUIRED NOT REQUIRED I Additional... If located in the Bay.hore/Gateway Triangle Redevelo men! A....) Copies of detailed deserl lion of why amendment Is necessary Cam leled A IIccrtlon downlaad from web.lle 10. current form) Pre-o llcatlon meetln notes Current Conoe tual S~e Pion 24" x 36" and One 8 ';''' x 11" co Reyised Conce tual Site Plan 24" x 36"ond One 8 v," x 11" co Original PUD document and Master Plan 24" x 36" - ONLY IF AMENDING 'I'HE PUD Revised PUD document with chon es crossed thru & underlined Revised PUD document w/amended Tltle pag.. w/ord #'s, LDC 10.02.13.A.2 Ei~~::~r~ L~~j'" j~l.~~~l:~ ~.l ~~~~r~! ~:i~I~11~~;j}~::~~p~~~~T~~?1~:~~~~ y" Q:!Ic y--- 24 24 --- 2 ( 2 2 2 2 4 4 4 4 4 7 5 /' (/" Deeds/Legol's & Survey (If boundary of original PUD Is amended) list identifying Owner & 011 parties of corporation Owner / Affldov~ signed & nolorized Coyenanl of Unified Control Completed Addressing checkllsl if~ ~~~~r";~ \:~:~ " ~'::I, ~ . ~~(J~ r~~~:~ ~t' l3i.~~~~~~:'l;l~L '~ j I ~~l ~~l:I~. ~ ',h~:-:J Environmenlallmpact Statement (EIS) and digital/electronic copy of EIS or exemption lustlflcatlon Historical Surveyor waIver roquest Utility Provisions Statement w/sketche3 Architectural rendering of proposed structures Survey, signed & see led Traffic Impact Stotement (TIS) or waIver Recent Aerial Pholograph lw~h habitat areos defined) mln scoled 1 "=400' Electronic copy of all docum..nts In Word formal ond pions (CDRam or Diskette) If located in RFMU (Rural FrlnQ8 Mixed Us.\ RecelvlnQ Land Areas Applicant mu1t contaet Mr. Gerry J. LacClv..ro, Stale of Florida Division of Forestry @ 239.690.3500 for informotlon regordlng "Wlldflre Mlllgallon & Prevention Plan", LDC Sec:tlon 2.030BA.2 o.lb)i.c Applioont/ Agent Signofure Date ..- - 2- G:\Current\New Pre-Application Forms 2006\PUD Rezone, PUD Amendment PUD to PUD Rezone pre-app 050404 doc Agenda Item No. 170 Apri/13,2010 Page 74 of 483 ~ PR....ApPLlCATION MEETING MEETING NOTES Project Name 3('" ~;ft~ Date of Meeting ~~~~ -u~~' A"p dJ::p~$i/#L.L.- 1!11bv1~ ~a:: ~ ~/V: ~ -fu AdI;-",/~ 5~'?JI h'~LJ~;;;:r- $Jk; 7'Y/r J:;/_~$'~ I J' J . / -ff~Ed' -A/z5r5/bJ;:( ~$' g/' -~/.uJ/"'/4 rot/~.ff7#/ #,vL) ~ vIFilICdL/!72. ~h-A /~/l~ -"-5 .R'E"41 '#. ~ ~~ ~5~ ~,f</ 8ir$'~ 72J ~1!JVffeR ~ ~ /k:5;B1-F-~~ :5i4r1tZJ~ BY R,&.,?, ~ 10M - /110 d~ve/o1?__~'T '{own ()o.p/I/:AtJri'lol,&.4~c Tkdrlll/J c!e1/f./.hCl1<; I PY'O"'1 Plla/:,- IJ-od~ ~rr.. If) fa., recue"-O r!~p(,feT 1:?.),l1le,+- rz;,,e.~ {..(r:/ (!t:>eLD/,,) ,ff?cJ-U 1R.!;{[/2/1i;- S'6-:c;;.cffw", t/ /tC('tJ!-IJ4-<<1; 1M jl-(-f C/vt;J :1-1#( ~ G:IDeRuntzlCopy of P'&-App Meeting Noles doc Agenda Item No. 170 Apri/13,2010 Page 75 of 483 Fees: Appllcatlon Fee. 8110,000 (PUD Rezone) + $25 per acre (or fraCllon thereof) o $8,000 (PUD to PUDI + $25 per acre (or fraction thereof) o $6,000 (PUD Amendment) + $25 per acre (or fraction thereof) . o o Er $500,00 Pre-application fee (Applications submlHed 9 months or more after the date of the last pre-app meeting shall not be credited toward. application fee. and a now pre-application meeting will be required. r~ $729.00 Legol Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Noples Doily News), $363,,00 legal Advertising Fee for BCe meeting $2500..00 Environmental Impact Statement review fee o Properly Owner NotificatIon fees" Properly Owner NotifIcations $1.00 Non-cortlfled; $3,,00 Cerlm.d retum receipt rno/l ( to be paid after receIpt of invoice from Dept" of Zoning & Development Review) $150,00 Fire Code RevIew $2,25000 ComprehensIve Planning Consistency Review Fee Total $ PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: d be f d d PI ' d Comments shout orwar e to the anner [ nor to the ue date SCHOOL DISTRICT PARKS & REC - Amanda Townsend SUPERVISOR OF ELECTIONS IMMOKALEE WATER/SEWER DISTRICT DR/EM1 - EMER. MGMT - Jim Von Rlnteln UTILITIES ENGINEERING - Zamlra Deltoro V" CDES Coordinator - Linda B. Route Sheet Iv on Iv ---._-- l1IleetlngNotes I( (!c;N.,....~1 tIIJ:t>A- -:Bt.'!i>r.r~N ;0,e ;i?,aJ.d AI"T76t!.H7~ K..r~vdC_rH~ IfIXe"'D /J~.r ,M!..7?/,d afPJ-,-r",,;d-7 7f'.ttr~c,r- ff~HtJCJ<:. 'i?1J....'P 'l-C!e. 707 - ~'x,.r...o T?:> 1t3S; &>DC> ;p / S-D/c ()P 7h'tr /8s:;'eJ()o.lll-~;r ,tI"J.. C-~"L.I) D....-~d'%> ~ /".oot:.cMoI4l- //J1>6-1C.. "'arz~'s",,~ ~~l-'''''''-'J Ol"/""t.<r ,!,.n7fL<-- <X<-",~Y NCJ ~ 1'/Hr1J ~~ 19': r'/hr ,8e;; ~ Lt'ST" ~L.-t ~'" i7~!M\o.JS -~9"<1\-\) A=M.- LDL.. ..,......O<;:og ~.a.2\.tli2..~b\-l-p; ~ "'/ILl. ~i',-y ~ 1lA1.c; put 17 ~b~-r ~ f"A/WIrW6- ~:Jfr'ftt" bI""~ ~c::r' ~,~ ~)__--......, ) Tc:> <lD\.>"'" LEJ.'S,T" ~ i 4-~ ~e..-50""''''-.C-Q''''''''~TIO_ "'0 ,"'fJ"PCU i~ e.-..-, ,-%~~ r~""""""'(""""" \).,.... c....____~ ~ ~ M&M.T", f'l.....v'/& ~.... ";rv~ "Zt'TT~ E:oe""~s."", 4-k_ ~Ie...-. Uf'f.IP~sr,* 7/.s. J.,. oA-l,..", ''''~~ ~t......~.fv,.-\Ju.. '~ro~ t" - 3- G:\Current\New Pre-Application Forms 2DOS\PUD Rezone, PUD Amendment PUD to PUD Rezone pre-app 050404 doc ~ !l4/26/2aa6 a8: 25 Apr' 28 06 oe, 51" 84/25/2806 15:38 2395970578 RWA rHC Collier Co. ADDRESSING 2395978578 RWA IN!: 941-859-5724 Agenda Item No. 170 April 13. 2010 Page 76 of 483 PAGE al p.1 PAGE 82/84 ADDRESSING CHECKLIST Pl..... COlllplele the following AND FAX (2J9-dS9-S7Z4) OR SUBMn'/N PERSON TO '{'Jl)l .tfDDBESS/NG SJ?C110N. FORM MUST'BE SIGNED BY AJ)DRE.'i.~G flERSONNEI. PR./OR TO PR1!.~ APPLICATION MEETING, Not all illlms will.pply 10 every projeCI. 1I1ll11S in bold type are requited. 1. Legal descrlptlollllf ~ property or properties (copy OJ'knsllhy des'!!fption ""'Y 11. _chell) P1.....,.....ttached - Po..l"~ ~\ ." 14- - ~ - Z:G. 2 Fllllo (Prop.rty ID) I\amber(l) of above (atra." Po, O~ a$.locUl/" with, lllglli deM:riptiOfl i[more rho OM) - 00417760001 3_ Streel address or addr_ (/1$ applk<rbk, if al,.",.ay assig7lmJ) ND dte .ddrti:. 4 LocatlOll m.p, showing exact loeotl()l\ of pmjecVsile in rela1illD to oearc'l public rao.d risht-of.w..y (orttac/r) 5, Copy ofSlllVCy (NEEDED ONI.YFOR UNPLATTED PROPEllTlES) 6. Proposed project name (if applicabk) 7_ Proposed Street names (if appJlalbk) 8, Sile OevclopmCl1t Plan Numbtlr (FOR EXJSlING PROJECTSISITBS ONLY) SDP _ '__ 9. l.>dltiDIl Type - (ComplotlO. ""PlICale Addmslng Ch=ktillt fur each Pelition Type) .~ 8 SDP (Siw Development PUla) SDPA (SDP Amendmc:nl) ~ SDPI (SDP Iasubsloolilll o,onge) SI!' (Site !mprovcmCl1t Plan) SIPI (SIPI liuubsrantial Change) SN.R (SI/l101 Name ChaDge) o VegetatlOll!Bxotic (Veg. Removal Pc:rmi18) 181 Land Use Petition (VariDllce, Condition.l Use, Boal Doet Ex!., Rezone, PUD rezone, ole ) o Other. Deocribe: _ o PPL (plans & Plat Rovi....) o PSI' (Prelimimry Subdivision Plat) FF (Final Pial) lLA (Lot Line AdjustlllClll) ~ BL (slastin& Pemnt) ROW (Rigbt-of.W.y Pennil) EXP (Excavation PemUl) o VRSFP (Yeg. Removal &; SiIe Flll PllI1Dit) o TDR (T'lIllSfar ofDcvelapment RigblS) Projecl Ot developmenl Dlltlles proposed for, or already appearillll in, <o.ndominillllt 4oo1lmcmlll (if applicable; lndlcate whethcr p~ed or UlingJ _ 10 PIe_ Check On,,: 0 ~lill iRlo be FIXed BIll:k 0 PelSOlllll!y Picked Up 11, AppllClnt Name Annette Ke8nev ofR W A. Jnc, PhODe (239) 597-0575 Fu (239) 597.0578 12. Signature 011 Addre.!sing Cheoklist doe. not colOOlule Project lItIdIor Slrcel Name opprovaJ IIlld is subject to t'urtbeo review by the Addressini Section. )lOR sun USE ONLY Pritnll)' Number q Go 3t '. Addre.. Numb",' . Address N1lInb", ---- Addr9$.Number ---- ApptoVodbyll~ fY'\.o)(Q"" DIWl '-1--2(".-06 ..., Agenda Item No. 170 Apri/13,2010 Page 77 of 483 PRE~ApPLlCATJON MEETING ., SIGN IN SHEET ;tit-lit/ILeA/' }17t?:D e/;ft~ Project Name Date of Meeting ~ - Name Representing Phone # E-mail Address Michael J. DeRuntz Zoning & land Dev. Review (239) 403-2416 inichaelderunlz@colliergov,net ~'"')"\.B-51.~n.w ~~I-\>..J '2l?2..<t 'a'} ~@~ ~~~ ~-:?~B ~...... ~E"OJM!.i '"J1c,tyv.q> ~,..,/"'~ LI~- SB:'1() ~~0..0 . ~I ~~M t>.;"l1-,1S3 \ = M""'-= CNG.e --24"" ""'~"Iiveql:,~: D,,,~r;Jf Nt1JtllU ~n'..L~( !i7,7-Mn-:>-' J~K~Cb,~u!I-,<p~ (_-, ,5J /hm:tf:t if::p I? '" Ie 5, 7- -515 6 o.L Nv>.JJ{ - ""-;.co ':0, S+E!fI{iV ,{ flv/.ffC,t- c.( O-YI,lo.#;f(~{ S'E,tll:ll 2/j-Zi/ S ~. J'f.?veleJ1h eg ('j- ~('(J//I;''!JoJ/./ld ::JoQ... r::,'!/op..e../!,' 04.lNlh l~n.7.38"1- ,"Oa;:J ;,dt;lirr<..\li @ Sc...hlu.. ' ~ ~ t"\1J,......\ 'Tr..,co..\\ t:.""bhr 5(,.1- 8'13-0$'2..\ fl'l11C&.:T...",..I1 a s..-I.IU-olG."" UtJ!!l &m...rfll-i ~ (\,.!l....PuJ..J....C-. :Il"l-;>''lf! t....~~, ~c:mlc-S~ c.bE~pPvu6 _~32.3~~y~' e) /21/7 FlIlE" eoJe lf03-Z'/ge f)/,,/} (ii) o>J!.erJ",v.I'1~-r t G:IDeRuntzIPre-App sign in sheet doc Agenda Item No. 170 April 13, 2010 Page 79 of 483 . ~ UNlTEDSTIlTES ~ POSTAL SERVICE September 5, 2006 'fo))EtrJ ~llW~ ~ ill SEP 0 7 2006 !l!J r... Annette Keeney RWA Consulting Inc 66]0 Willow PIUt Dr Suite 200 Naples, FI 34]09 . Letter of no objection, McMullen Mpud, The Postal Service has no objection to delivery in your development, pending the mode of delivery in which we will establish in accordance with your approved P U D. We strongly urge all new developments to be "CentraI.iud Delivery" Call me for mailbox location. 435.2]22 Sincerely, ~~ Bob Skebe Growth Management . NAPl.!:S~NOFf'ICI! 1200GCXlllU!TTERDN NAPLES:.1'L341m.... 4 ~ ~... Pago Ono Agenda Item No. 170 A ri/13, 2010 Application Checklist. Mc Mullon MPUD age J3 Dalo: 07-27..(J7 (Revisocl12-7..o9) PUD REZONE (PUDZ) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER L1SUD BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. ~ OF COPIES 1oI0T REQUIREMENTS EQUIRED REQUIRED STANDARD REQUIREMENTS, 1 Additional... If located in the BaYlhore/Gatewoy Trio"gl. NIA Red.veleDment Area) Copies of detalled description of why amendment Is necessary 24 N/A Completed Application with list of PermItted Uses; Development Standards Table; list of proposed deviations from the LDe (if any); list of Developer 24 24 Commitments (download aDDlication from website for current form) Pre.occlicotion meetlna notes 24 24 PUD Conceo.uol Moster Site Pion 24" x 36" ond One 8 \/," x 11" coov 24 24 Revised Conceotual Master Site Plan 24" )(, 36"and One 8 V:z" x 1'" CODY 24 NIA Original PUD document/ordinance and Master Plan 24" x 36" - ONLY IF 24 NIA AMENDING THE PUD Revised PUD annlicotion with chantles crossed thru & underlined 24 NIA Revised PUD application w/amended Title page wiard #'s, 24 NIA LDC 10.02.13.A.2 2 Copies of tho following' Deeds/legal's & Survey (if boundary of original PUD is amended) 2 2 list identifying Owner 8. all partie~ of corporation 2 2 Owner/Affidavit signed & notarized 2 2 Covenant of Unified Control 2 2 Completed Addressing checklist 2 2 4 Copies of tho following, Environmental Impact Statement (EIS) and digital/electronic copy of EIS or exemotion Justification 4 4 Historical Surveyor waiver request 4 4 Utility Provisions Statement w /sketches 4 4 Architectural rendering of proposed structures 4 NIA Survey, signed & sealed 4 4 Traffic Impact Statement (TIS) or wolver 7 7 Recent Aerial Photograph {with habitat cue-as defined} min scaled 1"=400' S S Electronic copy of all documents in Word format and plans (CD Rom or DiskeMe) I 1 LeMer of No Obiection from the U.S. Postal Service 1 1 Bob Mulhere Applicant/Agent Signature 11l1/20JO Dote Agenda item No. 170 Apri/13, 2010 Page 81 of 483 ORDINANCE NO. 10-_ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORlDA BY AMENDING THE APPROPRlATE ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RURAL AGRICULTURE (A) ZONING TO MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) TO BE KNOWN AS MCMULLEN MPUD FOR A MIXED-USE DEVELOPMENT WITH A MAXIMUM OF 185,000 SQUARE FEET OF COMMERCIAL, GENERALLY LOCATED ONE-HALF MILE EAST OF COLLIER BOULEVARD (CR 951) ON RATTLESNAKE- HAMMOCK ROAD EXTENSION, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORlDA, CONSISTING OF 19.32ct ACRES; AND BY PROVIDING AN EFFECTIVE DATE. \VHEREAS, Robert J. Mulhere of R W A, Inc. and R. Bruce Anderson, Esquire of Roetzel, & Andress, representing Sembler Retail n, Inc. and the Sembler Family Partnership #42, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 14, Township 50 South, Range 26 East, Collier County, Florida, is changed from Rural Agriculture (A) Zoning District to Mixed-Use Planned Unit Development (MPUD) Zoning District to be known as the McMullen MPUD in accordance with the McMullen MPUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or McMullen MPUD \ PUDZ-2007 -AR -11320 REV. 3/01110 Page J of2 Agenda Item No. 17D Apri/13,2010 Page 82 of 483 maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this ___ day of ,2010. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Steven T. Williams <..> \0 Assistant County Attorney S ,.\. Attachments: Exhibit "A" - Permitted and Accessory Uses Exhibit "B" - Development Standards Exhibit "C" - Master Plan Exhibit "D" - Legal Description Exhibit "E" - Developer Commitments 07-CPS-00609/41 McMullen MPUD \ PUDZ~2007.AR-11320 REV. 3/01/10 Page 2 of2 Agenda Item No. 170 Apri/13,2010 Page 83 of 483 EXHIBIT A McMULLEN MPUD PERMIlTED llSES PERMI1TED USES in Tract A as depicted on Exhibit C. MPUD Master Plan: No building or structure. or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I. Business Consulting Services. Not Elsewhere Classified (Group 8748);' 2. Drug Stores and Proprietary Stores (Group 5912);" 3. General Contractors-Industrial Buildings and Warehouses (Group 1541);' 4. General Contractors-Nonresidential Buildings, Other than Industrial Buildings and Warehouses (Group 1542);' 5. General Contractors-Residential Buildings. Other Than Single-Family (Group 1522);' 6. General Contractors (Group 1521);' 7. General Warehousing and Storage, for use by contractor/builder construction trades located within this MPUD only (Group 4225): 8. Personai Indoor Self-Storage Facilities. limited to a maximum of 92,500 square feet; 9. Hospital and Medical Service Plans (Group 6324);** 10. Legal Services (Group 81 I I); * ] 1. Engineering Services (Group 8711)' 12. Architectural Services (Group 8712)' 13. Surveying Services (Group 87i3)' 14. Management Consulting Services (Group 8742); 15. Management Services (Group 8741); 16. Medical Equipment Rental and Leasing (Group 7352);" 17. Medicai and Oental Laboratories (Groups 8071 - 8099)** 18. Mortgage Bankers and Loan Correspondents (Group 6162); 19. Health Services, open to the public and not associated with a unified senior housing development. (Groups 8051 - 8059);** 20. Care Units, only including Group Housing, Group Housing facilities, Assisted living facilities, independent living facilities, continuing care retirement communities, and nursing homes, all for persons over age 55. Foster care, crisis and attention care, displaced adult care. homeless shelters. offender halfway houses. spouse abuse care, Page I of 12 Agenda Item No. 170 April 13, 2010 Page 84 of 483 substance abuse care. overnight detoxification centers or facilities, and overnight drug rehabilitation centers or facilities. and youth shelters are prohibited. 2 L Offices and Clinics of: Doctors of Medicine, Dentists. Doctors of Osteopathy, Chiropractors, Optometrists, Podiatrists. and Health Practitioners (Groups 8011 - 8049);" 22. Physical Fitness Facilities (Group 7991. limited to a maximum of 20.000 square feet); 23. Child Oay Care Services (Group 8351); 24. Special Trade Contractors, Not Elsewhere Classified (Group 1799);' 25. Title Abstract Offices (Group 6541); and 26. Title Insurdnce (Group 6361). 27. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses and deemed to be consistent with the Future Land Use Element of the Growth Management Plan, as detennined by the Board of Zoning Appeals ("BZA") by the process outlined in the LDC. B. Accessory Uses: L Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a) Clubhouses and other recreational facilities accessory to senior living development. including. but not limited to: beauty/barbershops, phannacies. resident dining (including service of alcohol) and other personal services limited to use by rcsidents and their guests only.; b) Water management lakes and facilities; c) Parking facilities, including parking garages accessory to permitted uses; d) Caretaker's residence accessory to commercial development; 2. Lumber and Other Building Materials Dealers (Group 5211), limited to 5000 square feet offlaer area;*** 3. Paint, Glass, and Wallpaper Stores (Group 5231), limited to 5000 square feet offioor area;*** 4. Any other related business which is accessory to offices for various contractor/builder contractor construction trade specialist or. to warehouse space for various contractorlbuilder contractor construction trade occupants. as detennined by the Planning Services Director, or designee. limited to 5000 square feet offioor area. '" Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition Limited to 92,500 building square feet. [The Future Land Use Element of the Gro"'1h Management Plan (GMP) allows offices for various contractor/builder construction trade specialists, inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects. engineers, land surveyors and Page 2 of 12 Agenda Item No. 170 April 13, 2010 Page 85 of 483 attorneys, but limits these offices of related professional disciplines to 92.500 total building square feet. Warehouse space for various contractor/builder construction trades occupants does not fall under that limitation.] .. These uses are permitted under the GMP as "support medical uses". and are only permitted within the boundary of a 'I. mile offset from the hospital to the south as depicted on Exhibit C, MPUD Master Plan. Overnight detoxification centers or facilities. and overnight drug rehabilitation centers or facilities shall not be allowed in this area. **. Businesses, including but not limited to, lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores. are permitted but only as accessory uses to offices for various contractorlbuilder construction trade specialists or accessory to warehouse space for various contractorlbuilder construction trades occupants. Page 30f12 Agenda Item No. 170 Apri/13.2010 Page 86 of 483 EXHIBIT B McMULLEN MPUD DEVELOPMENT STANDARDS Table] below set forth the development standards for land uses within this Commercial PUO (MPUD). Standards not specifically set forth herein shall be those specified in applicable sections of the LOC in effect as of the date of approval of the SOP or Subdivision plat. MAXIMUM INTENSITY: This MPUO may be developed entirely with allowable commercial uses and/or community facility! institutional uses. Accordingly, the MPUD intensity shall be as follows: Commercial Intensitv: Commercial intensity shall be limited to a maximum of 185,000 square feet of any combination of allowable commercial uses, however in no case shall the trip genemtion rate exceed 379 PM Peak Hour Trips. as identified in the TIS related to 122.000 square feet of medical office land use. In no case shall the total allowable commercial intensity exceed 185,000 square feet, or exceed a trip genemtion mte in excess of 423 PM Peak Hour Trips for any combination of permitted land uses as may be pursued using the Commercial Intensity Conversion to Care Units, below. Various commercial uses, either individually or in aggregate are further restricted as set forth Wlder MPUO Exhibit "A". Care Unit lntensitv: Tbe intensity of any care unit shall have a maximum Floor Area Ratio (FAR) of 0.60. This FAR is appiicable to Permitted Uses 19 and 20, Health Services and Care Units. as set forth in A., of Exhibit A. COMMERCIAL INTENSITY CONVERSION TO CARE UNITS: 1000 SF of Warehouse Land Use ~ I Care Unit Bed 1000 SF of General Office ~ 7 Care Unit Beds 1000 SF of Medical Office ~ 15 Care Unit Beds Note: Based on trip generation mtes, ITE 8th Edition ODe rational Characteristics for Care Units Care Units may be composed of one or more types of careihousing facilities. These careihousing types include. but are not limited to independent living, assisted living, and nursing homes. each of which can have varying operational characteristics. The following characteristics of care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a care unit: The facility shall be for residents 55 years of age and older; There shall be on-site dining facilities to the residents, with food service being on-site, or catered; Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services sball be coordinated for the residents needs, including but not limited to medical office visits; There shall be an onsite manager/activities coordinator to assist residents, who shall be responsible for planning and coordinating stimulating activities for the residents; An on-site weIlness facility shall provide exercise and general fitness opportunities for the residents. Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; Page 4 ofl2 Agenda Item No. 170 April 13, 2010 Page 87 of 483 Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot bOWldary lines, or between structures. Condominium. and/or property owners' association boundaries shall not be utilized for determining development standards. If this project is developed in multiple platted tracts, at the time of the application for subdivision plat approval for individual tracts, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. TABLE I COMMERCIAL USE DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES Includin2 Care Unit MINIMUM LOT AREA 10,000 SQUARE FEET N/A MINIMUM WT WIDTH 100 FEET N/A MINIMUM YARDS (MEASURED FROM 25 FEEP" 25 FEET EXTERNALPUD BOUNDARY) PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN 15 FT. OR Y, THE SUM OF iO FEET STRUcruRES BUILOING HEIGHTS' MAXIMUM ZONED HEIGHT (PRINCIPAL 50 FEET 25 FEET STRUCTURES) MAXIMUM ACTUAL HEIGHT 62 FEET 30 FEET MINIMUM FLOOR AREA - COMMERCIAL 700 SQUARE FEEP' N/A MINIMUM FLOOR AREA - CARE UNIT 400 SQUARE FEET MIN. GROSS LEASABLE AREA PER UNIT 700 SQUARE FEET" 100 SQUARE FEET" Whichever is greater Not applicable to Care Unit General application for setbacks: Front yard setbacks shall comply with the following: Tfthe parcel is served by a public or private right-of-way. the setback is measured from the adjacent right-of-way line. ii. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. iii. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. Page 5 of 12 EXHIBIT C McMULLEN MPUD MASTER PLAN Agenda Item No. 170 Apri/13,2010 Page 88 of 483 ~ ~ n i~ < I q ~ ;;! ~ ~ 'r ~ . i ~b . a ~ - . ~ ~ m I H !1 ~ en tTl ~ ~ :;:d ~ Vl~F 'i::l ~ ~~ >-<: ~ ;j~~ 'i::l ~ ~;;,~> :::l t~r-:;:O CD ~~~ >-3 0- -tnZo- i'l~ tTl ':": :;:d en 0:: - 'i::l ~ +>- ~ S i~ lcs~ l~~ l~- 8 r"<- Ij~[J !.i.t aJ I" .+t. . I 'i :I'~l._ ~ ffi () ~ ~ o~ t:d e ~~ :>< ~ !jJ1{l ~ l . g~ ~~ ~ ~ ;::j." tr:l 5- - Z ~~ cl? [';l ~ ~ ~ e o :5 ') z ~ i!:: L> ;:'"0 t~i Page 6 of 12 Agenda Item No. 170 April 13, 2010 Page 89 of 483 " d i :'r1 I I n Iii H_ -:--- i!__J i ; 11 - _:::.::-------;- h ;-: - - :;:=.n:-:=L=_:Jt:.:.:.:.--_- J I , i-IL_ -~---~ -:~<-;,;~h_,_ .--~~-~~'-~:::-:~--~-- J___.-_J i IJ . '!'''' "'.' !l -Iii 1 I t.t t I'!~ ;:;~l....._~~,,"" .;~;~! i~r-------- Il~i j ~ ,I- I ~ \ 'V: I : ,1 ' l I :i ~i ! =::;;.1 ,I -i l' 'I I !!€ ~;~ !' II I i I i I ~! ~~I :>CI [/) ri """ri (Tl mi ;;C Zi -0 I r ' :>~i Z"1:;11 c! U o~ ~ ,?, ~ '1 ~~ ;~ ; um Wlj J! 1-. "PUD MA$TFH PLA ,v SEMBLER fA....f/L)' IJ.4.Wf,\'l:."RSJ-IIf', L TV ~IcMULLE." -'lPU/) E'XHIBIT r DYXTA''''=:.,. CONSULnNG O"il~ 4" 'L .... ~.qI:"UAoing ':<:'~~~_':::"_"'~""::--" "':::'':::.=:';''.::'':::'::''.- Page 7 of 12 \1: jJ 1\ i il ii i -,---.- , ~a Iii , I,' " , ~.;: ~~-=~~=~:=:!=:~t~~:::: ~_~~~~~=l~;~--;~' -I 'Ul!f i;l!:j !ifl.~: I"i' 'i'll f{~! -z, , , \ ,../' " '\ -I ~I : i I hr,,,:----,--,--'''-'-'C~:~_=_-,- -.-,~::~ - -__L 1:'\ iiTn,nn~! .~::~n'r-' \j \ i .. I << -- ..,~" f'J!I.'~.""','." .. >Of ~ .....~'" ~"'-' ,.""",,,.,,, ,.... .~." ,.,"" 'm.. ...",,,""'''' ",- _riO<_ "~,, I'" S[MBLf.:H f'AMll..Y PARTNERSHIP 4'42 L TV CONCEP'lV AL WATER MAN/I.GEMENT PL.A.,\' ~ \'\. \ Agenda Item No. 170 Apri/13,2010 Page 90 of 483 " l () o z 8~ -1(") ~~ :<:C ~r-' t"l1r-' ;<lm ~Z 6~ ~~ ~C iO > z McMULLE;'.j' f;..IPUD !?1J.li\~ 1_,-". . "."", tt.~!.*-~~~~~;;;~ Page 8 of 12 '" I,) (-i); /0.) "" I I I i H ~ r; '"' '" 4> I ::.;; ";"l> ~~i f~~i ~!i:;t 2:~~R j5h ~~~ _:t: -=:.-- ::::._- __-.~__.!-:-'~:'_ 1 ~~ i eii I ~i~ :] " 1 i I I I I -) :=:<""1 z"" I ,p' SEMSLE:R FA\.lIL Y PARTNERS/lIP. Lom "" UTILITies fACll171ES '& a/H{{r 1N1'[f'FACC OllflllT Mc~llLLr;N MPW ~ ~ ~ -< " > z ~ II ::: ix i~ 7~ t.Y. ",.." l, ___n_~';;''':''''''''::: -^~~~ u~;o.,;;:;. ___..__:~~'h ~ \ _.~ ~~i 8 ?~i ~,. ~i~ ~ ~ '-'" Agenda Item No. 170 April 13, 2010 Page 91 of 483 ~- ~~ ~2 c:l;i;; ).o;,r, ~~ ~ ? ::j m u:> .." ?5a: Cn ga: u:>~ Ro........ 0........ ..,,(1) ;;l:;j ~a: z>-c rriC ~O n m m >< ::r: 0:; ::j R1JIA" I~_'_,..~~ ~:~..~~.tr~!:""~;~~:: Page 9 of 12 Agenda Item No. 170 April 13, 2010 Page 92 of 483 EXlUBIT D McMULLEN MPUD LEGAL DESCRIPTION THE S [/2 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 14, TOWNSHlP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS THE WEST 80 FEET. The total acreage is approximately 19.32 acres. Page 10 of 12 EXHIBIT E McMULLEN MPUD DEVELOPER COMMITMENTS Agenda Item No. 170 April 13, 2010 Page 93 of 483 A. TRANSPORTATION I. Within lBO-days of the request of Collier County, the developer shall be responsible for 100% of the cost for the design and installation, or make payment in lieu of construction. at the discretion of the County. for a Collier Area Transit (CAT) bus stop with shelter to serve this site. The developer shall make payment in lieu at the time of Oevelopment Order application; or alternatively shall design and construct the CA T bus shelter in a location approved by the Collier County Alternative Transportation Modes (A TM) Oepartment prior to certificate of occupancy (CO). 2. Within 90-days of the County's written request, the developer shall convey right-of-way along the project's south property line for the future extension of Rattlesnake Hammock Road. The required right-of-way shall be determined by Collier County, but shall not exceed 60 feet in width, and shall be conveyed in fee simple ownership to Collier County. Prior to the issuance of the first CO. the developer agrees to construct the two north lanes of the ultimate four total lanes of Rattlesnake Hammock Extension, and agrees to accommodate storm water management for these two lanes. The fee simple conveyance of the right-of-way. construction of the two lanes, and accommodation of water management shall be at no cost to Collier County. 3. The site shall be designed to provide for future vehicular. pedestrian and bicycle interconnection to adjacent properties to the east as generally depicted on the McMullen MPUO Master Plan and will also be designed to provide for internal connectivity for vehicles. pedestrians and bicycles. I II :)"1 , : j __I "'\ ' I .:,-J. Ii [ III '~ ~ ! ! l!: __~__.__.*_1 ,000,..""n'IIIIIo.Y/ I I .I Figure 1 Pagellofl2 Agenda Item No. 170 Apri/13,2010 Page 94 of 483 TRANSPORT AnON (Continued) 4. The driveways are conceptual and shall meet access management requirements of Res. 01-247, as amended. 5. The total combination of allowable land uses on this site shall not be allowed to exceed the maximum trip generation proposed in Scenario "I" in the TIS (423 p.m. peak hour trips). The County may limit square footage or the number of units or any building during any subsequent development order based on the trip generation limit. Any future tenant change that increases trip generation (i.e. General Office to Medical Office) will require Transportation review and may not be allowed if the total proposed trips exceed the maximum impact listed in this stipulation. B. ENVmONMENT AL I. There shall be a minimum of 0.84 acres of Collier County native preserve associated with this MPUO. There shall be a minimum of 0.81 acres of created native preserve within the require 0.84 acre Collier County native preserve area 2. The following listed species management plans shall be submitted with the next site development plan/plat development order request Big Cypress fox squirrel, Eastern indigo snake, Florida black bear, Florida panther. C. PLANNING 1. The developer its successors or assignee shall provide to any potential resident a disclosure statement with respect to the noise that is associated with the Swamp Buggy Races located at 8250 Collier Boulevard, Naples, FL as it relates to the location of this MPUO. This statement shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which can be heard on the PUO property. both during the day and into the evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals, and music concerts, The statement must be presented to the potential buyer prior to entering into any sales contract. 2. Within 120 days of approval of this PUO, Owner shall record in the public records of Collier County a notice of proximity to the Florida Sports Park and Swamp Buggy grounds. This notice shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which can be heard on the PUD property, both during the day and into the evening. including but not limited to. noise from swamp buggy racing. tractor pulls, festivals, and music concerts. The legal description of the PUO shall be attached to the notice. 3. The eastern boundary of the MPUO shall be landscaped in accordance with the requirements for a Type C buffer. 4. All senior housing buildings shall be constructed in a manner to provide an exterior ambient sound level reduction of SLR 35 decibels, consistent with the provisions of LOC Subsection 4.02.06.N.6.g. Page 12 002 Agenda Item No. 170 April 13, 2010 Page 95 of 483 EXHIBIT A McMULLEN MPUD PERMfITED USES PERMITrED USES in Tract A as depicted on Exhibit C, MPUD Master Plan: No building or structure. or part thereof, shall be erected, altered or used, or land used. in whole or in part, for other than the following: A. Principal Uses: 1. Business Consulting Services, Not Elsewhere Classified (Group 8748);' 2. Orug Stores and Proprietary Stores (Group 5912):" 3. General Contractors-Industrial Buildings and Warehouses (Group 154]);' 4. General Contractors-Nonresidential Buildings. Other than Industrial Buildings and Warehouses (Group 1542);' 5. General Contractors-Residential Buildings, Other Than Single-Family (Group] 522);' 6. General Contractors (Group ]521):' 7. General Warehousing and Storage, for use by contractorlbuilder construction trades located within this MPUO only (Group 4225); 8. Personal Indoor Self-Storage Facilities, limited to a maximum of 92.500 square feet; 9. Hospital and Medical Service Plans (Group 6324);" 10. Legal Services (Group 81 I ]);' 11. Engineering Services (Group 871 I)' 12. Architectural Services (Group 8712)* 13. Surveying Services (Group 871 3) * 14. Management Consulting Services (Group 8742); 15. Management Services (Group 8741); 16. Medical Equipment Renta] and Leasing (Group 7352);** 17. Medical and Oental Laboratories (Groups 8071 - 8099)** 18. Mortgage Bankers and Loan Correspondents (Group 6162); 19. Health Services, open to the public and not associated with a unified senior housing development. (Groups 8051 - 8059);" 20. Care Units. only including Group Housing, Group Housing facilities, Assisted living facilities, independent living facilities, continuing care retirement communities, and nursing homes, all for persons over age 55. Foster care, crisis and attention care, displaced adult care, homeless shelters, offender halfway houses, spouse abuse care, Page I of 12 Agenda Item No. 170 Apri/13,2010 Page 96 of 483 substance abuse care, overnight detoxification centers or facilities, and overnight drug rehabilitation centers or facilities, and youth shelters are prohibited. 21. Offices and Clinics of: Ooctors of Medicine, Dentists. Doctors of Osteopathy. Chiropractors, Optometrists, Podiatrists, and Health Practitioners (Groups 80 II . 8049);00 22. Physical Fitness Facilities (Group 7991, limited to a maximum of20,000 square feet); 23. Child Day Care Services (Group 8351); 24. Special Trade Contractors. Not Elsewhere Classified (Group 1799);0 25. Title Abstract Offices (Group 6541); and 26. Title Insurance (Group 636i). 27. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses and deemed to be consistent with the Future Land Use Elemen1 of the Growth Management Plan, as determined by the Board of Zoning Appeals ("BZA") by the process outlined in the LOC. B. Accessory Uses: I. Accessory uses and structures customarily associated with the permitted principal uses and structures. including, but not limited to: a) Clubhouses and other recreational facilities accessory to senior living development, including, but not limited to: beautylbarbershops. pharmacies, resident dining (including service of alcohol) and other personal services limited to use by residents and their guests only.; b) Water management lakes and filcilities; c) Parking facilities, including parking garages accessory to permitted uses; d) Caretaker's residence accessory to commercial development; 2. Lumber and Other Building Materials Dealers (Group 5211), limited to 5000 square feet of floor area;*.. 3. Paint, Glass, and Wallpaper Stores (Group 5231), limited to 5000 square feet oftloor area; *** 4. Any other related business which is accessory to offices for various contractorlbuilder contractor construction trade specialist or, to warehouse space for various contractorlbuilder contractor construction trade occupants, as determined by the Planning Services Oirector, or designee. limited to 5000 square feet ofl1oor area. ..0 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, ] 987 Edition Limited to 92,500 building square feet. [The Future Land Use Element of the Growth Management Plan (GMP) allows offices for various contractorlbuilder construction trade specialists, inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and Page 2 of 12 Agenda Item No. 170 April 13, 2010 Page 97 of 483 attorneys, but limits these offices of related professional disciplines to 92.500 total building square feet. Warehouse space fOT various contractorlbuilder construction trades occupants does not fall under that limitation.] .. These uses are pennitted under the GMP as "support medical uses". and are only permitted within the boundary of a Y. mile offset from the hospital to the south as depicted on Exhibit C, MPUD Master Plan. Overnight detoxification centers or facilities, and overnight drug rehabilitation centers or facilities shall not be allowed in this area *** Businesses, including but not limited to, lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores, are permitted but only as accessory uses to offices for various contractorlbuilder construction trade specialists or accessory to warehouse space for various contractorlbuilder construction trades occupants. Page 3 of12 Agenda Item No. 170 April 13, 2010 Page 98 of 483 EXHIBIT B McMULLEN MPUD DEVELOPMENT STANDARDS Table I below set forth the development standards for land uses within this Commercial PUD (MPUD). Standards not specifically set forth herein shall be those specified in appticable sections of the LOC in effect as of the date of approval of the SDP or Subdivision pial. MAXIMUM INTENSITY: This MPUD may be developed entirely with allowable commercial uses and/or community facility/ institutional uses. Accordingly, the MPUD intensity shall be as follows: Commercial Intensitv: Commercial intensity shall be limited to a maximum of 185,000 square feet of any combination of allowable conunercial uses, however in no case shall the trip generation rate exceed 379 PM Peak Hour Trips, as identified in the TIS related to 122,000 square feet of medical office land use. In no case shall the total allowable commercial intensity exceed 185,000 square feet, or exceed a trip generation rate in excess of 423 PM Peak Hour Trips for any combination of permitted land uses as may be pursued using the Commercial Intensity Conversion to Care Units, below. Various commercial uses, either individually or in aggregate are further restricted as set forth under MPUD Exhibit "A". Care Unit Intensity: The intensity of any care unit shall have a maximum Floor Area Ratio (FAR) of 0.60. This FAR is applicable to Permitted Uses 19 and 20, Health Services and Care Units. as set forth in A., of Exhibit A. COMMERCIAL INTENSITY CONVERSION TO CARE UNITS: 1000 SF of Warehouse Land Use = I Care Unit Bed 1000 SF of General Office = 7 Care Unit Beds 1000 SF of Medical Office ~ 15 Care Unit Beds Note: Based on trip generation rates, ITE 8'" Edition Ooerational Characteristics for Care Units Care Units may be composed of one or more types of care/housing facilities. These care/housing types include, but are not limited to independent living, assisted living, and nursing homes, each of which can have varying operational characteristics. The following characteristics of care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a care unit: The facility shall be for residents 55 years of age and older; There shall be on-site dining faciiities to the residents, with food service being on-site, or catered; Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits; There shall be an onsite manager/activities coordinator to assist residents, who shall be responsible for planning and coordinating stimulating activities for the residents; An on-site wellness facility shall provide exercise and general fitness opportunities for the residents. Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; Page 4 of 12 Agenda Item No. 170 April 13, 2010 Page 99 of 483 Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars. GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be in relation to individual parcel or lot boundary lines. or between structures. Cnndominium. and/or property owners' association boundaries shall not be utilized for determining development standards. If this project is developed in multiple platted tracts, at 1he time of the application for subdivision plat approval for individual tracts, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. TABLE I COMMERCIAL USE DEVELOPMENT STANDARDS DEVELOPMENT STANDARD PRINCIPAL USES ACCESSORY USES Includine Care Unit MINIMUM LOT AREA 10,000 SQUARE FEET N/A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS (MEASURED FROM 25 FEET'" 25 FEET EXTERNALPUD BOUNDARY) PRESERVE SETBACK 25 FEET 10 FEET MIN. DISTANCE BETWEEN 15 FT. OR Y, THE SUM OF 10 FEET STRUCTURES BUILOING HEIGHTS' MAXIMUM ZONED HEIGHT (pRINCIPAL 50 FEET 25 FEET STRUCTURES) MAXIMUM ACTUAL HEIGHT 62 FEET 30 FEET 700 SQUARE FEET" ..~,- MINIMUM FLOOR AREA - COMMERCIAL N/A MINIMUM FLOOR AREA - CARE UNIT 400 SQUARE FEET MIN. GROSS LEASABLE AREA PER UNIT 700 SQUARE FEET" 100 SQUARE FEET" ..._-~_.-. .._-_.~ .. ... Whichever is greater Not applicable to Care Unit General application for setbacks: Front yard setbacks shall comply with the following: i. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. ii. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. iiL lfthe parcel is served by a platted private drive, the setback is measured from the road easement or property line. Page 5 of 12 EXHIBIT C McMULLEN MPUD MASTER PLAN Agenda Item No. 17D April 13. 2010 Page 100 of 483 !~oO l~~ j~~ !~O ~ F[~ l.!t.'J "l jr ,~ ~ C/.l tr:l ~ 0:; ~ :;0 "T1 :> ~ ",~F '"t:I :-1?:d,-~ ""1 _""n'""" (1) t:i~3""'d CI'J i!i:l;iJ:> g ~~~ ~ (t ~",> ~ 0- :jo< ~~ 0"' r Iii tr:l ':'; :;0 C/.l ::r: I-< '"t:I :t\:: +>- J'-> S '-+1 . I II en ~ :&: O. EI ~ifi g!'l ~~ 0- ~~ Ii1 ~ (j ~ t:d~ &r -.r cr _. tI1 ~Z tl~ ~ ~ tj ., !5 z ~ .: ,'> ;.'";1 ,~ II .1 ~ co m ". "1 Page 6 of 12 DC i @ ~ = [;i I n ;1 'I , \ I . """"--"-":---"0" "1" I ' , , F~~!~~"~~~~~"~~j~~~":~":~~~E":~:)~~:":f.E~::::" ---;;;:'""fj~f.:;;~I~L--1-..---- H , f; .,' <~~ i~ '~i~~ \ I.. Tr; 111 ll:t' , II,:', 0: i-: ,_ I: ,~- 11" a~ ~f!; .1;\ !:q hll: 'I 'i', ".i~l !'i~ I! '!" Ii -! ~ I "" I... ''"'' SEMBUR FA_"'ifL Y PARTNERSHIP. L TO McMULLF:.'i MPlD EXHIBIT r Ii RJ~h\!~~ ~~~~~~-'~-~~~.- Page 7 of 12 MPUD MASTrH PL.... ,'" Agenda Item No. 170 April 13, 2010 Page 101 of 483 Ii -i ~ (") ~~ ;J>C U}l""'" -it:'""' tT1m ~Z ~~ Z'i:i C o Agenda Item No. 170 Apri/13.2010 Page 102 of 483 Ji_ II ~l 2 ,-Li-----~-_~________L___________ _______ l;r~~~_~~~~~~~~~=~~~~~~~j~_:~~~. " () 0 z 8~ " -in ''\ ~~ " ~e ~ ~r mr ~tTj II izZ ., 2;~ ~ " ~'""O . \, \ S2C ~tJ ;.. z .d "=-"~.\",">-r- ^~l -, I""-I'~- ,.':!<......!ll!'<!J'; , . ,'~ N _..., .... ,..""11-,0><. ,.<t "'- __. '"It ~"""", ~. __, Oftl'" SEMBLf:R rA,\1JLY PARTNEJl<;H/P ~42, Lnl CONCEPTUAL WA T[R MANAGEMENT PLAN I ' McMULLEN MPUD " ~1I~4\" ,_~,__ !l..!.~~~~~ Page 8 of 12 Agenda Item No. 170 April 13, 2010 Page 103 of 483 ~~i ,I ~_ .i . ': l~ ~j :~ '::: i~ I ~'H- 1 i ~~ ,":: I \i~ , ;.Ii ! - ii'i,:1 ~ I ~ ~ ~! \' '\.~ I ..". ,:::" I i t~ \ ~m g~ ~: :!: / i .~~. :~~, r-. . --1;.; i~f~ ;'l~ ~.::,,:,. I . i~i ~~8' , ,..% .~ li]1 C(:'l.UE~ BOU.EVArw lOt! 1~ 'i, '" '" ~ ~ " "' t~ ;: 2 1 i '" i 1 ~'r'- III , '" '" /' ( !::~ X" ~2 ~5 ~ '0 .... "';~...~,..N'" I :: :"1 "'~, ~~~f~~~t.'t% :~-. --':< '; 0f1~'JI/i;~~EfJt~Jt{"!i:\1f/B'T I"" I McMULLEN MPUD C" (JI, W.j ~~~ ~~~ ~~~ t~~ ~ L ~ ~ - ~ ! '-, C --1 P :1 m '" > O~ Co ~7 :n~ ""~ ,.- -- 0-- .,,(1) ;;l::l ~~ Z~ ;;:jC ::0 ;v n m m X :::: a :::j ~ 1"'")_ "@ fgz ,,0 tt1~ ~~ ~o ZZ I R. ",NUL!"' '."""~'''''''_&''- ...... '- W".L ..... 1".."..,,,,,- r"".:o:l.\lw..= -----.,,-.-- ---....--- --....--.- -,,,,---,~,,,, Page 9 of12 Agenda Item No. 170 April 13, 2010 Page 104 of 483 EXHIBIT D McMULLEN MPUD LEGAL DESCRIPTION THE S 1/2 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 14. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 80 FEET. The total acreage is approximately 19.32 acres. Page 10 of J2 EXHIBIT E McMULLEN MPUD DEVELOPER COMMITMENTS Agenda Item No. 170 Apri/13,2010 Page 105 of 483 A. TRANSPORTATION I. Within ISO-days of the request of Collier County, the developer shall be responsible for 100% of the cost for the design and installation. or make payment in lieu of construction, at the discretion of the County. for a Collier Area Transit (CAT) bus stop with shelter to serve this site. The developer shall make payment in lieu at the time of Oevelopment Order application; or alterna1ively shall design and construct the CAT bus shelter in a location approved by the Collier County Alternative Transportation Modes (A TM) Department prior to certificate of occupancy (CO). 2. Within 90.days of the County's written request, the developer shall convey right-of-way along the project's south property line for the future extension of Rattlesnake Hammock Road. The required right-of-way shall be determined by Collier County. but shall not exceed 60 feet in width, and shall be conveyed in fee simple ownership to Collier County. Prior to the issuance of the first CO, the developer agrees to construct the two north lanes of the ultimate four total lanes of Rattlesnake Hammock Extension. and agrees to accommodate storm water management for these two lanes. The fee simple conveyance of the right-of-way, construction of the two lanes, and accommodation of water management shall be at no cost to Collier County. 3. The site shall be designed to provide for future vehicular. pedestrian and bicycle interconnection to adjacent properties to the east as generally depicted on the McMullen MPUD Master Plan and will also be designed to provide for internal connectivity for vehicles, pedestrians and bicycles. -ill 1ft '. I ! .i ~ I , i I _ .; ,.i Ii I ~W~__; CHI'l.JIIllNj;" I :"1." n :1_\ \ ~. "I"" ClftSJ \ '( L"IJ~~Qf. C~q ~ '0. P141"W""./ Figure I Page 11 of 12 Agenda Item No. 170 April 13, 2010 Page 106 of 483 TRANSPORTATION (Continued) 4. The driveways are conceptual and shall meet access management requirements of Res. 01.247, as amended. 5. The total combination of allowable land uses on this site shall not be allowed to exceed the maximum trip generation proposed in Scenario "I" in the TIS (423 p.m. peak hour trips). The County may limit square footage or the number of units or any building during any subsequent development order based on the trip generation limit. Any future tenant change that increases trip generation (i.e. General Office to Medical Office) will require Transportation review and may not be allowed if the total proposed trips exceed the maximum impact listed in this stipulation. B. ENVIRONMENTAL J. There shall be a minimum of 0.84 acres of Collier County native preserve associated with this MPUD. There shall be a minimum of 0.81 acres of created native preserve within the require 0.84 acre Collier County native preserve area. 2. The following listed species management plans shall be submitted with the next site development plan/plat development order request: Big Cypress fox squirrel, Eastern indigo snake. Florida black bear, Florida panther. C. PLANNING I. The developer its successors or assignee shall provide to any potential resident a disclosure statement with respect to the noise that is associated with the Swamp Buggy Races located at 8250 Collier Boulevard, Naples, FL as it relates to the location of this MPUO. This statement shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which can be heard on the PUO property, both during the day and into the evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals. and music concerts. The statement must be presented to the potential buyer prior to entering into any sales contract. 2. Within 120 days of approval of this PUO, Owner shall record in the public records of Collier County a notice of proximity to the Florida Sports Park and Swamp Buggy grounds. This notice shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which can be heard on the PUO property, both during the day and into the evening. including but not limited to, noise from swamp buggy racing. trac10r pulls, festivals, and music concerts. The legal description ofthe PUO shall be attached to the notice. 3. The eastem boundary of the MPUD shall be landscaped in accordance with the requirements for a Type C buffer. 4. All senior housing buildings shall be constructed in a manner to provide an exterior ambient sound level reduction of SLR 35 decibels, consistent with the provisions of LDC Subsection 4.02.06.N.6.g. Page 12 ofl2 00'" r-~CXl ~O..,. N_ O ~O Z"'r- ~O ~~~ '" <( Cl ro ro "0 CL <:: Q) Cl <( Zl JO L ,god ------- ------ --I ~;;~,,""Ji\a .J..Llfl/un (].ldW 1\:1'1111/',.'I'i ~ ,~ ~ .~~ II '~" tjC! .__..___m._., jll h%~ (I..__.'mm,..\..~ eft~'\:' , ~ ~(!~ \ / p .~!~. ,\ ! II ~.J : I I! : fi ~. j!: I : r i \. :;,J____ \ o ~ ". ~ ~~._, "-- .J N\'ld H3oLS.',IIVQn. dW, . j u,~_ n.n ',HII!;H3NJ,HVcI ..., ... ..1.1flVv'31111UN1S ...n.: ::. :. "if !;lh ::m I I ~a:M . ':::1" :" I )li' \!j: I I'. Iii , iI. li:!oi i:.jij " :.i, ii ,< I ~~ ~ 1 ~ ~ ~ ~ ~ M ;i 5 [] [J ~'~''.I 10 I;:) o...z ~< I,' ~..J It t" f5 ~ ~!! If'':--,,,:--., ;'~'" f' /( : g ~ Ii ;ii-: 7'- r hi! ! ' , !~l5 s ~~ f ~~~I' I ' iF ! 1il~ / iii i n.__ _ _ I t1 "" ,\ ! I ~!;." ';'" ~::~ I Ii- _I :"I~~l~"~ i~J' i ' :;l C HI11 I I_~c::f=~,,: r: ;~-'-r\\i :il I I \--- :- -il I U\i LL I .~-_.-~._iHf Agenda Item No. 170 Apri/13,2010 Page 108 of 483 Item VI. A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF DECEMBER 3. 2008 l. NAME OF PETITIONER/PROJECT Petition No.: PUDZ-2007-AR-I1320 Petition Name: McMullen MPUD ApplicantJDeveloper: Sembler family Partnership #42, Ltd. Engineering Consultant: RW A Consulting, Inc Environmental Consultant: Passarella and Associates II. LOCATION The subject property is generally located Y:z mile east of the northeast quadrant of the Collier Boulevard (CR951)/Rattlesnake-Hammock Road (CR864) intersection, in the south Y:z of the Southeast \4 of the Southwest \4 of Section 14, Township 50 South, Range 26 East, Collier County, Florida. Ill. DESCRIPTION OF SURROUNDING PROPERTIES The proposed Planned Unit Development (PUD) is bordered by vacant lands to the north and south, Swamp Buggy Days PUD and the proposed Toll Rattlesnake Hammock Development of Regional Impact (DRI) to the east and Hammock Park Commerce Center PUD to the west. ZONING DESCRIPTION N - Agriculture (A) Vacant Lands S - Agriculture (A) Vacant Lands E - Swamp Buggy Days PUD and the proposed Toll Rattlesnake Develop- ment of Regiona1 Impact (DRI) Swamp Buggy Grounds and vegetated lands W - Hammock Park Commerce Center PUD approved for 200,000 square feet of commercial (retai~ including up to 50,000 feet of office floor area) Vacant Lands IV. PROJECT DESCRIPTION EAC Meeting Agenda Item No. 170 Apri/13, 2010 Page 109 of 483 Page 2 of2 The McMullen MPUD is a proposed 19.32 acre mixed-use development. consisting of up to 185,000 square feet of commercial building floor area (medical office offices and medical related uses, general offices, offices for contractors, and limited "heavy" commercial uses), up to 48 multi family dwelling units or some combination of commercial and residential development. The MPUD Master Plan depicts the location of 14.36 acres of commercial/residential area including a potential residential development area, 3.23 acres of native preservation area and 1.73 acres of proposed right-of-way area. The 1.73 acres along the southern edge will be dedicated for the future extension of Rattlesnake Hammock Road. V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element: The subject site is designated Urban (Urban Commercial District, Mixed Use Activity Center Subdistrict #7, and Urban Mixed Use District, Urban Residential Fringe Subdistrict), as depicted in the Future Land Use Element (FLUE) and on the Future Land Use Map (FLUM) of the Growth Management Plan(GMP). The project is reviewed within the context of both subdistricts. Mixed Use Activity Center (MUAC): Via a private sector-initiated GMP amendment approved in 2003, the subject MUAC #7 text was amended to read as follows, with staff analysis noted in brackets: The maximum amount of commercial uses allowed at Activity Center #7 (Rattlesnake Hammock Road and Collier Boulevard) is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center; the balance of the land area shall be limited to non-commercial uses as allowed in Mixed Use Activity Centers [One such use - residential- included on Exhibit A as item A.I]. With respect to the 19+/- acres in the northeast quadrant of Activity Center #7 [site of this proposed McMullen MPUD], said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, commercial development [exclusive of the allowed "1/4 mile support medical uses"] shall be limited to a total of 185,000 square feet. Support medical facilities are restricted to locations in the Urban Designation as described in the following excerpted paragraph contained in the Urban Designation of the Future Land Use Element. The underlined sentence is the governing standard for the location of support medical facilities in the Urban Designation. "11. Support medical facilities - such as physicians' offices, medical clinics, medical treatment centers, medical research centers and medical rehabilitative centers. and pharmacies - provided the dominant use is medical related and the site is EAC Meeting Agenda Item No. 170 Apri/13,2010 Page 110 of 483 Page 3 of3 located within ~ mile of existing or approved hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas, such as, but not limited to, North Collier Hospital. The distance shall be measured from the nearest point of the tract that the hospital is located on or approved for. to the proiect boundaries of the support medical facilities. Approval of such support medical facilities may be granted concurrent with the approval of new hospitals or medical centers which offer primary and urgent care treatment for all types of injuries and traumas. Stipulations to ensure that the construction of the support medical facilities is concurrent with hospitals or medical centers shall be determined at the time of zoning approval. Support medical facilities are not allowed under this provision if the hospital or medical center is a short- term leased facility due to the potential for relocation." The location of the support medical facilities must be located within the ~ mile standard above or will be found inconsistent with this standard. Staff realizes that the petitioner understands the opinion of the Comprehensive Planning Staff and disagrees and that the resolution of the location of the medical related land uses will be made as a policy decision by the Board of County Commissioners. The MUAC Subdistrict promotes mixcd use development, and specifically states: "mixed use projects are intended to be developed at a human scale, pedestrian- oriented, and interconnected with adjacent projects - whether commercial or residential. Street, pedestrian pathways, and bike lane interconnections with adjacent properties, where possible and practical, are encouraged." Staff notes the MPUD: allows a mixture of residential and commercial uses; includes interconnections with adjacent properties to the north and west and the site abuts a road to south and east; does not request deviations from LDC requirement to provide sidewalks; building heights are allowed at 50 feet in the commerciaVmixed use tract. However, this project does not, and cannot, per the Activity Center text specific to this site - allow many of the typical commercial uses (neighborhood retail and personal service) that would be mixed with residential in the same building. Density for mixed use projects may be calculated utilizing the entire acreage within the MUAC, in this case the entire 19.32 acres in the MPUD. Urban Residential Fringe (URF): Residential density is limited to a maximum of 1.5 dwelling units per acre, or up to 2.5 dwelling units per acre via the transfer (Transfer of Development Rights-TOR) of up to one dwelling unit per acre from lands designated as Rural Fringe Mixed Use District Sending Lands and located within one mile of the URF. Exhibit B of the MPUD provides for the base EAC Meeting Agenda Item No. 170 Apri/13, 2010 Page 111 of 483 Page 4 of 4 density of 29 units (1.5 dwelling units per acre) and the use of TDR's to achieve maximum density of 48 units (2.5 dwelling units per acre); specific standardized text regarding TDR's has been added to Exhibit B, as requested by staff. Exhibit B, page I, does correctly address the residential density limits (29 multi-family dwelling units without TDR's and 48 dwelling units with TDR's) as provided for in the FLUE and can be found consistent. Based upon the above analysis, Comprehensive Planning staff finds the proposed Mixed Use Plan Unit Development rezoning to be inconsistent with the Future Land Use Element, as noted above. However, it may be found consistent IF the above amendments to the PUD Exhibits are made. B. Conservation & Coastal Manal!ement Element Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow-ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, Policy 2.2.2 states "In order to limit the specific and cumulative impacts of storm water runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of Policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing interconnected dry detention areas and lakes to provide water quality retention and peak flow attenuation during storm events. The Project will implement Policy 2.2.2. of the CCME through the utilization of the Best Management Practices Matrix currently being promulgated by the SFWMD. Water quality treatment through the use of best management practices in accordance with SFWMD criteria provide the necessary reasonable assurances that adverse water quality impacts to receiving waters will not occur. The volumetric detention and the control structures are designed so that the post- development peak discharge rate does not exceed the pre-development peak discharge rate. In addition, the site is designed in accordance with Collier County Ordinance 90- 10. This ordinance further limits the post-development peak discharge rate to a maximum of 0.15 cfs/acre or less depending on the specific water management basin in which the Project is located. This limitation was introduced by Collier County to assist in mitigating the uncontrolled discharge rates produced by EAC Meeting Agenda Item No. 170 April 13, 2010 Page 112 of 483 Page 5 of5 developments that were developed prior to the implementation of modern water management regulations. The Project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The Project will implement Policy 2.2.3 of the CCME by the use of appropriate biological and mechanical controls in storm water detention ponds. Manufacturers and u.s. Environmental Protection Agency (EPA) guidelines for chemical use in aquatic habitat will be followed. The Project implements Policy 6.1.1 of the CCME in that native preserves will be incorporated into the Project design. The preserve area is depicted on the MPUD Master Plan. The preserve area will be maintained free from trash and debris and from Category I invasive exotic plants, as defmed by the Florida Exotic Pest Plant Council. The Project is consistent with Policies 6.1.1 (3) and 6.2.6 of the CCME in that the Collier County native vegetation preserve area will be placed under a conservation easement dedicated to Collier County. Land uses allowed in these areas will be limited to those listed in Policy 6.2.5(5)d of the CCME and will not include any other activities that are detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation and preservation. The Project is consistent with Policy 6.1.4 in that prohibited invasive exotic vegetation will be removed from the project site. The Project is consistent with Policy 6.1.8 by submission of this EIS document. The Project is consistent with Policy 6.2.2 in that wetlands on-site have been delineated pursuant to Section 373.019, Florida Statutes. The Project is consistent with CCME Policy 7.1.2 in that a wildlife survey has been conducted in accordance with the requirements of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the US Fish and Wildlife Service (USFWS). VI. MAJOR ISSUES A. Storm water Manal!ement EAC Meeting Agenda Item No. 170 Apri/13,2010 Page 113 of 483 Page 6 of6 The McMullen PUD sits on the east side of the Florida Power and Light (FPL) power line service road that sits about a quarter mile east of and parallel to the Henderson Creek canal. A look at the topography shows that historical flow in this area was to the southwest. That flow was intercepted by the canal that was dug when Route 951 (Collier Blvd) was built and some of that sheet flow appears to have been interfered with by the FPL service road which is raised above grade (see topography). This project sits in the Henderson Creek Basin and per Collier County Ordinance 2001-27, the allowable discharge rate is 0.]5 cubic feet per second per acre (cfs), so for what is roughly an ] 8 acre site, the maximum allowable peak discharge would be about 2.7 cfs. The Henderson Creek Canal flows south along the east side of Collier Blvd (951) from the approximate intersection of Davis Blvd. and Route 95], flows over a weir just north of Route 4], and flows out into Rookery Bay through Henderson Creek. The Conceptual Water Management Plan for this site, which may be changed during the review by the review agencies, calls for two interconnected "potential" lakes that discharge from the southwest comer through a control structure and into the Henderson Creek Canal. The lakes are "wet detention areas" that provide water quality retention, residence time, and peak flow attenuation. The conceptual water management plan does not call for any water treatment in the preserves. Section 8.06.03.0.2. of the Collier County Land Development Code states "The surface water management aspects of any petition. that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged into Preserves as allowed in Section 3.05.07." The site contains SFWMD jurisdictional wetlands, and was reviewed for stormwater management by SFWMD. A copy of the SFWMD Environmental Resource Permit # ] ]-02130-P, issued on October 10, 2002 for the entire 35.13 acres known as "Hammock Park Commerce Center" was included with the E]S submittal. These permits usually have a 5 year life. A permit extension was applied for on July 30, 2007 and withdrawn. A telephone call was placed to SFWMD staff by County staff to determine the status of the permit and County staff was told that application 070823-17 for the improvements to the west half of permit 11-02130-P (approved February 8,2008) keeps the entire permit active. B. Environmental 1. Site Description EAC Meeting Agenda Item No. 170 April 13. 2010 Page 114 of 483 Page 7 of7 The Project site is highly disturbed and invaded by melaleuca. Of the 19.32"= acres on the Project, 2.80"= acres are considered native vegetation according to the native vegetation definition of the Conservation and Coastal Management Element (CCME) of the GMP (Policy 6.1.1(1)). 2. Wetlands The Project contains 15.01"= acres of South Florida Water Management District (SFWMD) wetlands. The wetlands consist of disturbed freshwater systems. A high level of exotic vegetation exists within the wetlands. The invasive exotic plant species melaleuca dominates most of the wetlands on-site. The construction of the Project will result in impacts to 14.26"= acres of SFWMD wetlands. These wetland impacts have already been authorized by SFWMD Permit No. 11-02130- P) issued on October 10,2002 (Exhibit II). The SFWMD approved wetland lines have been survey located and are depicted on the FLUCFCS and wetlands maps. 3. Preservation Requirements A minimum of 15 percent of the 2.8 acres of vegetation native vegetation is required to be retained or replanted. Therefore, 0.42 acres is required to meet Collier County preservation requirements. The applicant has designed the site plan with a 0.84"= acre Collier County preserve area consisting of wetlands and uplands. In addition, 2.39"= acres of other agency preserves are included on-site The applicant has considered several different site designs and has placed the preserve area where it is ecologically beneficial. Due to factors related to the site location, shape, and size, the placement of the preserve area has been linlited. The long, skinny shape of the Project site limits opportunity for providing preserve areas. Also right-of-way will be taken from the Project along the south edge for improvements to Ralllesnake Hammock Road. The high percentage of exotic vegetation on the Project site further limits opportunities for preserve areas. The best existing native vegetation occurs within the upland area mapped as FLUCFCS Code 4119 E2, which is located in the center of the project site. The long, skinny shape of the project site precludes the opportunity for retaining native vegetation in this central location. According to CCME Policy 6.1.1(12), "there are situations where the application of the retention requirements of this Policy is not possible. In these cases, creation or restoration of vegetation to satisfy all or a portion of the native vegetation retention requirements may be allowed." To satisfy the native vegetation retention requirement, the Project provides a 0.84"= acre preserve area on its northern boundary. This preserve area incorporates 0.03"= acre of native upland habitat. The remaining 0.81"= acre of the preserve area consists of melaleuca wetlands and uplands. The exotics will be removed EAC Meeting Agenda Item No. 170 April 13, 2010 Page 115 of 483 Page 8 of8 from the preserve area and a native plant community will be re-created in the 0.81", acre of wetlands. Plantings will be conducted per LDC requirements for created preserves. The 0.03"' acre of native uplands within the Collier County preserve area will be enhanced by exotic removal. 4. Listed Species Passarella & Associates, Inc. conducted a listed species survey on the property on January 17, 2007. No listed plant or wildlife species, or listed wildlife species sign (i.e., burrows, tracks, scat) were observed on-site during the January 2007 survey. During the red-cockaded woodpecker (Picoides borealis) surveys conducted by Pascrell & Associates, Inc. on the Project site during October and November 2003 and May 2004, one listed wildlife species, the white ibis (Endocurnis albus), was observed. The white ibis is listed as a species of special concern by the Florida Fish and Wildlife Conservation Commission (FWCC) and is not listed by the U.S. Fish and Wildlife Service (USFWS). VII. RECOMMENDATIONS Staff recommends approval ofPUDZ-2007-AR-l 1320 McMullen MPUD with the following stipulation: Environmental and Storm water Manal!ement: The project must obtain an environmental Resource Permit from the South Florida Water Management District prior to issuance of any site plan approvals. EAC Meeting Agenda Item No. 170 Apri/13. 2010 Page 116 of 483 Page 9 of9 PREPARED BY: STAN CHRZANOWSKI, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT SUMMER ARAQUE DATE SENIOR ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT NANCY GUNDLACH, AICP DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: EAC Meeting Agenda item No. 170 April 13, 2010 Page 117 of 483 Page ]00f10 SUSAN MASON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE WILLIAM D. LORENZ, Jr., P.E. ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR DATE JEFF WRIGHT ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR McMULLEN PARCEL COLLIER COUNTY ENVIRONMENTAL IMPACT STATEMENT February 2007 Revised July 2007 Revised December 2007 Revised May 2008 Revised September 2008 Prepared For: Sembler Family Partnership 4142, Ltd. c/o The Sembler Company 5858 Central Avenue St. Petersburg. Florida 33707 (727) 384-6000 Prepared By: Passarella & Associates, Inc. 13620 Metropolis Avenue. Suite 200 Fort Myers. Florida 33912 (239) 274-0067 Project No. 05TSCI438 TABLE OF CONTENTS ~ Introduction. ............. .... .... ..... .......... .... ...... ... .... ............. ......... ............ ...... ....... .......... ...... ............... ] ] 0.02.02 (A) 4. Information Required for Application a. Applicant Information... ..... ..... ,.............. ......." ..... ...., ..,.........". .......... ....... ..... ......... ..... ] b. Mapping and Support Graphics ..........................................,........................................] c. Project Description and GMP Consistency Determination..........................................4 d. Native Vegetation Preservation ...................................................................................7 e. Wetlands.... ........................ ................................................ .............................. ........... ] 0 f. Surface and Ground Water Management....................................................................] ] g. Listed Species .............,...............................................................................................]3 h. Other ............................................................................, ..............................................] 8 References...........,.,.,..................................................................................................... .............., .20 Figure I. LIST OF FIGURES ~ Project Location Map .......... .......... ................, ..... .............. ... ... ....... ..... ......... .., ... ....2 ii Table I. Table 2. Table 3. Table 4. Table 5. Table 6. Table 7. LIST OF TABLES ~ FLUCFCS Codes and Acreages ..... ............ ..........., ........................ ............... .... .....3 Soil Types. ............... ..... .... ... ... .............. .......... ................ ....................... ......... .... ,..4 Native Vegetation Habitat Types and Acreages ....................................................8 SFWMD/Collier County Wetlands and "Other Surface Waters" .........................10 Listed Wildlife Species Observed on the McMullen Parcel.................................14 Listed Wildlife Species That Could Potentially Occur on the McMullen Parcel...., ........ ..... .... ............................. ............ .......... ..... ...... ............. ..IS Listed Plant Species That Could Potentially Occur on the McMullen Parcel... ...., ......................... ...................,................................... ....... ... .17 iii LIST OF EXHIBITS ~ Exhibit I. Resumes......... ..... ................ ......... ........ ........ ... ........ ... ....... ..... .... ...... ......... ... ...... E I-I Exhibit 2. Aerial with FLUCFCS and Wetlands Map ........................................................E2-1 Exhibit 3. FLUCFCS and Wetlands Map .......................,...................................................E3-1 Exhibit 4. Wetland Topographic Map .,..............................................................................E4-1 Exhibit 5. Soils Map.. ..... ..... .... ... ... ....,. ........... ......, ...,...... ....... ............................. .......... ,.... E5-1 Exhibit 6. Conceptual Water Management Plan.................................................................E6-1 Exhibit 7. Utilities Facilities and Off-Site Interface Map...................................................E7-1 Exhibit 8. MPUD Master Plan.......................... ..... ..... .... ... ..... .... ... ....... ..... .... ..... ........... ..... E8-1 Exhibit 9. Collier County Future Land Use Map................................................................E9-1 Exhibit 10. Upland and Wetland Preserve Maps................................................................EIO-I Exhibit II. SFWMD Permit No. 11-02130-P and StaffReport.........................................EII-1 Exhibit 12. FLUCFCS Descriptions ...............................................................,...................EI2-1 Exhibit 13. Native Vegetation Maps.............,.....................................................................EI3-1 iv List of Exhibits (Continued) ~ Exhibit 14. WRAP Analysis Summary Sheets ....,..............................................................El4-1 Exhibit 15. Listed Species Survey ......................................................................................EI5-1 Exhibit 16. Red-Cockaded Woodpecker Foraging Surveys Summary ...............................E] 6-] Exhibit 17, Documented Occurrences of Listed Species....................................................El7_1 Exhibit 18. Preserve Area and Listed Species Management Plan ......................................EI8-1 Exhibit 19. USFWS Comment Letter .......................... ......................................................EI9-1 Exhibit 20. Phase] Environmental Site Assessment by Ardaman & Associates, Inc ........E20-1 Exhibit 21. Phase I Archaeological Assessment by Archaeological and Historical Conservancy, ....... .............. .................... .......... ... ................ ............. ................. E21-1 Exhibit 22. Correspondence from the Florida Department of State Division of Historical Resources ..................................................................... E22-1 v INTRODUCTION This report represents the Collier County Environmental Impact Statement (EIS) for the McMullen Parcel Mixed-Use Planned Unit Development (MPUD) (Project). This EIS has been prepared in accordance with Chapter lO.02.02(A) of the Collier County Land Development Code (LDC) (October 30, 1991, as amended February 27, 2004). 10.02.02 (A) 4. INFORMATION REQUIRED FOR APPLICATION a. Applicant Information i. Responsible person who wrote the EIS and his/her education and job related environmental experience. Cheryl Rolph and Bethany Bachelor, Passarella & Associates, Inc. Consulting Ecologists. Copies of Ms. Rolph's and Ms. Bachelor's resumes are enclosed as Exhibit 1. ii. Owner(s)/agent(s) name. address, phone number. and e-mail address. Sembler Family Partnership #42, Ltd. c/o The Sembler Company 5858 Central Avenue St. Petersburg, Florida 33707 Phone: (727) 384-6000 Fax: (727) 343-4272 Contact name: Joseph Filippelli E-mail: joe.filippelli@sembler.com b. Mapping and Support Graphics General location map. A Project location map is provided as Figure I. ii. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundred (200) feet outside the parcel boundary. This does not mean the applicant is required to go onto adjoining properties. Habitat identification consistent with the Florida Deoartment ofTransoortation - Florida Land Use, Cover and Forms Classification Svstem (FLUCFCS) (Florida Department of Transportation 1999) shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the county. Other scale aerials may be used where appropriate for the size of the Project. provided the N *ct W E /''''. s ~ FIGURE 1. PROJECT LOCATION MAP McMULLEN PARCEL PASSARELLA and ASSOCIATES. INC. Consulting Ecologists DRAWN BY: J.I. DATE: 5/10/06 2 photograph and overlays are legible at the scale provided. A legendfor each of the FLUCFCS categories found on-site shall be included on the aerial. Vegetation mapping for the Project site was initially conducted using 2000 Collier County aerial photographs. Groundtruthing to map the vegetative communities was conducted in March 2004 utilizing the Florida Land Use, Cover and Forms Classification System (FLUCFCS) (Florida Department of Transportation 1999). Mapping was based on Level III FLUCFCS with Level IV used to denote hydrologic conditions and disturbance. "E" codes were used to show levels of exotic invasion (i.e., melaleuca (Melaleuca quinquenervia)). Fieldwork to update the FLUCFCS map was conducted on October 19,2007 using more recent (January 2007) Collier County aerial photographs. The exotic plant species percentages ("E" codes) on-site were re-evaluated according to canopy cover. Exotic FLUCFCS Codes 424 and 4241 were used to identifY those vegetative communities having less than 25 percent native vegetation in the canopy (greater than 75 percent coverage by melaleuca in the canopy). Autodesk Map 3D 2006 software was used to determine the acreage of each mapping area, produce summaries, and generate the FLUCFCS maps (Exhibits 2 and 3). The FLUCFCS maps include Level III FLUCFCS for the areas extending 200 feet outside the Project boundary. The off- site habitats were aerial-interpreted. An acreage breakdown of the on-site FLUCFCS Codes is provided in Table I. Table 1. FLUCFCS Codes and Acreages FLUCFCS Description .. Acreage Percent Code of Total 4119E2 Pine Flatwoods, Disturbed (25-49% Exotics) 1.72 8.9 424 Melaleuca 0,86 4.5 4241 Melaleuca, Hydric 13.93 72.1 6259 E3 Pine, Hvdric, Disturbed (50-75% Exotics) 1.08 5.6 740 Disturbed Land 1.32 6.8 814 Road 0.41 2.1 Totals 19.32 100.0 iii. Topographic map and existing drainage patterns if applicable. Where possible. elevations within each of FLUCFCS categories shall be provided. Please see the topographic map provided as Exhibit 4. iv. Soils map at scale consistent with that used for Florida Department of Transportation - Florida Land Use. Cover and Forms Classification System determinations. 3 A Collier County soils map of the property is provided as Exhibit 5 and a description of these soils is provided in Table 2. Table 2. Soil Types Soil Unit 21 49 Description Hydric No Yes Boca Fine Sand HaJlandale and Boca Fine Sands v. Proposed drainage plan indicating basic flow patterns. outfall, and off-site drainage. A conceptual water management plan showing the proposed wet detention areas that will serve the Project for both water quality treatment and storm attenuation is included as Exhibit 6. vi. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. Please see the utilities facilities and off-site interface map (Exhibit 7) and the MPUD master plan (Exhibit 8). vii. Site plan showing preserves on-site. and how they align with preserves on a4joining and neighboring properties. Include on the plan locations of proposed and existing development, roads. and areas for storm water retention, as shown on approved master plans for these sites, as well as public owned conservations lands. conservation acquisition area, major flow-ways. and potential wildltfe corridors. Please see the MPUD master plan included as Exhibit 8 which shows the on-site preserve area. There are no known off-site adjacent preserves. viii. For properties in the RLSA and RFMU Districts. a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan (GMP). Please see the Collier County future land use map included as Exhibit 9. The Project is located within the Collier County Mixed-Use Activity Center Sub-District at the intersection of County Road (CR) 951 and Rattlesnake Hammock Road. c. Project Description and GMP Consistency Determination i. Provide an overall description of the Project with respect to environmental and water management issues. 4 The total site area is 19.32010 acres and incorporates both commercial and residential uses. Of the 19.32010 acres, 1.73010 acres along the southern edge will be dedicated for the future extension of Rattlesnake Hammock Road. The Project site is located in Section 14, Township 50 South, Range 26 East, Collier County (Figure I). The Project site generally lies 1,250 feet east of CR 951 (Collier Boulevard) extending approximately 1,227 feet to the east. The site consists of undeveloped, forested lands. A 1"=200' scale aerial of the Project site is attached as Exhibit 2. The Project contains 15.01010 acres of South Florida Water Management District (SFWMD) wetlands. The wetlands consist of disturbed freshwater systems. A high level of exotic vegetation exists within the wetlands. The invasive exotic plant species melaleuca dominates most of the wetlands on-site. Melaleuca is an exotic species listed as a Category I invasive exotic by the Florida Exotic Pest Plant Council (EPPC) (EPPC 2005). Passarella & Associates, Inc. conducted a listed species survey on the property on January 17,2007. No listed plant or wildlife species, or listed wildlife species sign (i.e., burrows, tracks, scat) were observed on-site during the January 2007 survey. During the red-cockaded woodpecker (Picoides borealis) surveys conducted by Passarella & Associates, Inc. on the Project site during October and November 2003 and May 2004, one listed wildlife species, the white ibis (Endocumis albus), was observed. The white ibis is listed as a species of special concern by the Florida Fish and Wildlife Conservation Commission (FWCC) and is not listed by the U.S. Fish and Wildlife Service (USFWS). As previously mentioned, the Project site is highly disturbed and invaded by melaleuca. Of the 19.32010 acres on the Project, 2.80010 acres are considered native vegetation habi tats according to the native vegetation definition of the Conservation and Coastal Management Element (CCME) of the GMP (Policy 6,1.1(1)). The applicant has considered several different site designs and has placed the preserve area where it is ecologically beneficial. Due to factors related to the site location, shape, and size, the placement of the preserve area has been limited. The long, skinny shape of the Project site limits opportunity for providing preserve areas. Also right-of-way will be taken from the Project along the south edge for improvements to Rattlesnake Hammock Road. The high percentage of exotic vegetation on the Project site further limits opportunities for preserve areas. The applicant has designed the site plan with a 0.84010 acre Collier County preserve area consisting of wetlands and uplands. In addition, 2.39010 acres of other agency preserves are included on-site. For fmther discussion on native vegetation retention please refer to the responses in the Native Vegetation Preservation section beginning on page 7. An upland and wetland preserve map is provided as Exhibit 10. An aerial with the upland and wetland preserve map is provided as Exhibit lOB. 5 The construction of the Project will result in impacts to 14.26x acres of SFWMD wetlands. These wetland impacts have already been authorized by SFWMD Permit No. 11-02l30-P) issued on October la, 2002 (Exhibit II). The SFWMD approved wetland lines have been survey located and are depicted on the FLUCFCS and wetlands maps (Exhibits 2 and 3). As discussed previously, the wetland impacts are to low quality wetlands which exist on-site. To avoid and minimize wetland impacts, the proposed wetland preserve area is located along the Project site's north boundary where it is connected to off-site wetlands. The mitigation plan involves the enhancement and preservation ofO.76x acre of wetlands and enhancement and preservation of 0.08x acre of upland preserves. Wetland enhancement will include the hand removal of exotic and nuisance vegetation and replanting the wetland preserve area with native wetland vegetation. Exotic and nuisance vegetation to be removed includes, but is not limited to, melaleuca, Brazilian pepper (Schinus terebinthifolius), downy rose-myrtle (Rhodomyrtus tomentosus), and cattails (Typha latifolia). In general, the exotics will be treated in place with an appropriate herbicide and left standing, or exotics will be cut, the cut vegetation removed, and the remaining stump treated with an appropriate herbicide. Supplemental plantings of native wetland plant species will be conducted in the wetland preserve area. The site has an existing permit with the SFWMD (Permit No. ] 1-02l30-P). This permit includes the subject parcel as well as an adjacent 18.15x acre parcel located to the west of the property. Both parcels have been designed to be separate water management systems that have their own respective basins and control structures. However, both control structures will share the same outfall pipe that runs along the southern property boundary which eventually leads to the Henderson Creek Canal. The west half of the SFWMD pennitted area, Hammock Park Commerce Center, was re-zoned in February 2007 and the applicant is working on submitting the Site Development Plan (SDP). As part of the Hammock Park Commerce Center SDP, a SFWMD Environmental Resource Permit modification will be obtained which will be updated to reflect changes to the remainder of the 40x acre parcel. ii. Explain how the Project is consistent with each of the Objectives and Policies in the CCME of the GMP, where applicable. The Project will implement Policy 2.2.2. of the CCME through the utilization of the Best Management Practices Matrix currently being promulgated by the SFWMD. Water quality treatment through the use of best management practices in accordance with SFWMD criteria provide the necessary reasonable assurances that adverse water quality impacts to receiving waters will not occur. The volumetric detention and the control structures are designed so that the post-development peak discharge rate does not exceed the pre-development peak discharge rate, 6 In addition, the site is designed in accordance with Collier County Ordinance 90- I O. This ordinance further limits the post-development peak discharge rate to a maximum of O. I 5 cfs/acre or less depending on the specific water management basin in which the Project is located. This limitation was introduced by Collier County to assist in mitigating the uncontrolled discharge rates produced by developments that were developed prior to the implementation of modern water management regulations. The Project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The Project will implement Policy 2.2.3 of the CCME by the use of appropriate biological and mechanical controls in storm water detention ponds. Manufacturers and U.S. Envirorunental Protection Agency (EPA) guidelines for chemical use in aquatic habitat will be followed. The Project implements Policy 6.1.1 of the CCME in that native preserves will be incorporated into the Project design, The preserve area is depicted on the MPUD Master Plan. The preserve area will be maintained free from trash and debris and from Category I invasive exotic plants, as defined by the Florida EPPC. The Project is consistent with Policies 6.1.1 (3) and 6.2.6 of the CCME in that the Collier County native vegetation preserve area will be placed under a conservation easement dedicated to Collier County. Land uses allowed in these areas will be limited to those listed in Policy 6.2.5(5)d of the CCME and will not include any other activities that are detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation and preservation. The Project is consistent with Policy 6.1.4 in that prohibited invasive exotic vegetation will be removed from the project site. The Project is consistent with Policy 6.1.8 by submission of this EIS document. The Project is consistent with Policy 6.2.2 in that wetlands on-site have been delineated pursuant to Section 373.019, Florida Statutes. The Project is consistent with CCME Policy 7.1.2 in that a wildlife survey has been conducted in accordance with the requirements of the FWCC and the USFWS. d. Native Vegetation Preservation IdentifY the acreage and community type of all upland and wetland habitats found on the Project site, according to the Florida Land Use. Cover and Forms Classification System (FLVCFCS). Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy. 7 midstory, and ground cover), and vegetation dominance (dominant. common, and occasional). FLUCFCS and wetland maps for the Project are included as Exhibits 2 and 3. A description of each FLUCFCS code identified on the Project is listed in Exhibit 12. ii. Explain how the Project meets or exceeds the native vegetation preservation requirement in Goal 6 of the CCME of the GMP, and Division 3.9 of the LDC. Provide an exhibit illustrating such. Include calculations identifYing the acreage for preservation and impact, per FLUCFCS category. Pursuant to Policy 6.1.2 of the CCMEof the Collier County OMP, Sub-Section 2.05.02.B.2.g, and Section 3.05.07 of the Collier County LDC, a minimum of 15 percent of the Project's native vegetation is required to be retained or replanted. The exotic plant species percentages ("E" codes) on-site have been evaluated according to canopy cover. Exotic FLUCFCS Codes 424 and 424] were used to identifY the vegetative communities having less than 25 percent native vegetation in the canopy (greater than 75 percent coverage by me]aleuca in the canopy). FLUCFCS Codes 424 and 4241 have been excluded from the native vegetation preservation requirement pursuant to Policy 6.1.1 of the OMP. The native vegetation on-site totals 2.8001: acres. A native vegetation map of the property is provided as Exhibit 13, and an aerial with the native vegetation map is included as Exhibit 13B. An acreage breakdown of the native habitats is provided in Table 3. Table 3. Native Vegetation Habitat Type and Acreages FLUCFCS Native Non-Native Code Habitat Vegetation Vegetation Acreae:e Acreage 41]9E2 Pine Flatwoods, Disturbed 172 (25-49% Exotics) I 424 Melaleuca 0.86 4241 Melaleuca, Hydric 13.93 6259 E3 Pine, Hydric, Disturbed 1.08 (50-75% Exotics) - 740 Disturbed Land 1.32 .8]4 Road 0.41 Totals 2.80 16.52 I Minimum Retained Native Vegetation Requirement 0.42 (Native Vegetation Acreage x 15%) Due to factors related to the site location, shape, and size, the Project site is unable to accommodate both the required native vegetation preservation and the proposed 8 development. The best existing native vegetation occurs within the upland area mapped as FLUCFCS Code 4119 E2, which is located in the center of the project site. The long, skinny shape of the project site precludes the opportunity for retaining native vegetation in this central location. According to CCME Policy 6.1.1(12), "there are situations where the application of the retention requirements of this Policy is not possible. In these cases, creation or restoration of vegetation to satisfy all or a portion ofthe native vegetation retention requirements may be allowed." The native vegetation retention requirement for the Project is 0.42010 acre. To satisfy the native vegetation retention requirement, the Project provides a 0.84010 acre preserve area on its northern boundary. This preserve area incorporates 0.03010 acre of native upland habitat. The remaining 0.81010 acre of the preserve area consists of melaleuca wetlands and uplands. The exotics will be removed from the preserve area and a native plant community will be re-created in the 0.81010 acre of wetlands. Plantings will be conducted per LDC requirements for created preserves. The 0.03010 acre of native uplands within the Collier County preserve area will be enhanced by exotic removal, The created native wetlands and the enhanced uplands within the 0.84010 acre Collier County preserve area will be placed under a conservation easement dedicated to Collier County. In addition, the approved SFWMD preserve area is 1.95010 acres located along the Project's north boundary. See SFWMD Permit No. 11-02130-P provided as Exhibit 11. The U.S, Army Corps of Engineers (COE) proposed preserve area is 3.23010 acres located on the north boundary of the Project. The total acreage of preserve area for the Project totals 3.23010 acres. The proposed 0.84010 acre of Collier County preserve is included in the 3.23010 acres of preserve. As required by the SFWMD, the COE, and Collier County, the exotics will be removed and supplemental wetland plantings will be installed in areas with greater than 50 percent coverage by exotic vegetation. An upland and wetland preserve map depicting the Collier County preserve in addition to the other agency preserve areas is provided as Exhibits 10 and lOB. iii. For sites already cleared and in agricultural use. provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the CCME of the GMP and Division 3.9 of the LDe. For sites cleared prior to January 2003. provide documentation that the parcel(s) are in compliance with the ten year rezone limitation previously identified in the GMP and LDC. Not applicable. iv. Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? lfso. identify the location and acreage of these preserves, and provide an explanation if they are difJerentfrom what is proposed. Not applicable 9 v. For properties with Special Treatment (ST) overlays. show the ST overlay on the development plan and provide an explanation as to why these are being impacted or preserved Not applicable. e. Wetlands Define the number of acres of Collier County jurisdictional wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the CCME of the GMP) according to the Florida Land Use, Cover and Forms Classification System (FLUCFCS). Include a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy. midstory, and ground cover), and vegetation dominance (dominant, common. and occasional). Wetland determinations are required to be verified by the SFWMD or Florida Department of Environmental Protection (FDEP). prior to submission to the County. The Project site includes 15.01" acres of SFWMD/Collier County jurisdictional wetlands (Exhibit 3). The SFWMD wetland lines were field verified as part of the SFWMD permitting process for the ERP issued by the SFWMD on October] 0, 2002. Table 4 provides a breakdown of the wetland acreage for the site, and a description of each wetland FLUCFCS type is included in Exhibit 12. Table 4. SFWMD/Collier County Wetlands and "Other Surface Waters" FLUCFCS Description Acreage '. Code 4241 Melaleuca, Hydric 13.93 ~~ Pine, Hydric, Disturbed (50-75% Exotic~) 1.08 Totals 15.01 ii. Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators. Indicate how the Project design improves/affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) for the site. The control elevation has been previously determined and permitted to be 9.65 feet NGVD based on the wet season water table contour map. The control elevation has been verified by the stage hydrograph for the Henderson Creek Canal which was provided by the SFWMD, Big Cypress Basin. The control elevation for the Henderson Creek Canal in this location is 9.44 feet NGVD. The Project control elevation of9.65 feet NGVD is consistent with this data. 10 iii. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be impacted and those to be preserved on-site. Describe how impacts to wetlands have been minimized. The construction of the Project will result in wetland impacts to 14.2610 acres of on- site wetlands. As discussed, the wetlands on-site are low quality, melaleuca infested wetlands. The MPUD master plan is shown as Exhibit 8. An upland and wetland preserve map is included as Exhibit 10. The wetland mitigation plan for the Project preserves 3.2310 acres ofthe Project site, including a 0.84,j, acre Collier County preserve. The mitigation plan involves the enhancement and preservation of2.96,j, acres of wetlands, and 0.27,j, acre of uplands. Within the Collier County preserve, 0.76,j, acre of wetlands and 0.08 ,j, acre of uplands will be enhanced and preserved, Wetland enhancement will include the hand removal of exotic and nuisance vegetation including, but not limited to, melaleuca, Brazilian pepper, downy rose-myrtle, and cattails. Since the wetlands contain greater than 50 percent exotic coverage, enhancement will include supplemental wetland plantings to re-create the native wetland community. iv. Indicate how the Project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the CCME of the GMP. For sites in the RFMU District, provide an assessment, based on the SFWMD's Uniform Mitigation Assessment Method (UMAM) that has been accepted by either by the SFWMD or FDEP. For sites outside the RFMU District, and where higher quality wetlands are being retained on-site. provide justification based on the UMAM The Project was reviewed and issued a permit by SFWMD prior to the implementation of UMAM. A Wetland Rapid Assessment Procedure (WRAP) analysis was submitted to the U.S. Army Corps of Engineers (COE) as part oftheir review of the pending COE permit application for the Project (Application No. SAJ- 1999-04926) and is included as Exhibit 14. In addition to on-site wetland mitigation, the applicant purchased 11.07 mitigation credits from the Big Cypress Mitigation Bank to offset the Project's SFWMD and COE wetland impacts. f Surface and Ground Water Management i. Provide an overall description of the proposed water management system explaining how it works, the basis of design. historical drainage flows. off-site flows coming in to the system and how they will be incorporated in the system or passed around the system, positive outfall availability. Wet Season Water Table and Dry Season Water Table. and how they were determined. and any other pertinent information pertaining to the control of the storm and ground water. II The site is bounded to 1he north by undeveloped lands, to the east and south by the Florida Sports Park access road and to the west by an 80 foot strip ofland between the subject parcel and the FPL easement. This strip of land belongs to the western parcel described within the existing SFWMD permit. Current on-site surface water sheetflows follow a southwest trajectory discharging into the existing Henderson Creek Canal or to the Florida Sports Park access roadside swale and eventually into the Henderson Creek Canal. Sheetflow, originating to the north of the site, flows westward toward the canal and does not flow through the Project site. The proposed Project's water management system will be designed as a wet detention sys1em incorporating two (2) interconnected lakes. The wet detention system will be designed to retain stormwater for the first inch of stormwater runoff or 2.5 times the percent impervious, whichever is greater. The control elevation has been previously determined and permitted to be 9.65 feet NOVD based on the wet season water table contour map. The control elevation has been verified by the stage hydrograph for the Henderson Creek Canal which was provided by the SFWMD, Big Cypress Basin. The control elevation for the Henderson Creek Canal in this location is 9.44 feet NOVD. The Project control elevation of9.65 feet NOVD is consistent with this data. The operation of the proposed storm water management system includes the collection of surface water runoff by catch basins and closed pipe systems that convey the runoff to the wet detention areas. Once water quality treatment has been achieved, the treated surface water will be permitted to flow over the crest of the weir of the control structure without exceeding the maximum off-site discharge rate of 0.15 cfs/acre in accordance with Ordinance 90-10. All discharge will flow into the Henderson Creek Canal to the west of the Project through a single control structure located at the southwest comer of the Project. Minimum finished floor elevations for the buildings will be dictated by the 100-year three-day storm routing analysis performed using XP-SWMM software or by the Federal Emergency Management Agency flood zone elevation whichever is greater. Minimum pavement/parking lot elevations will be set equal to or above the 25-year three-day storm elevation. The perimeter berm will be set at the 25-year three-day storm elevation. All construction activities will employ best management practices, limiting the potential for pollutant discharge in accordance with the EP A - National Pollutant Discharge Elimination System. it Provide an analysis of potential water quality impacts of the Project by evaluating water quality loadings expected from the Project (post development conditions considering the proposed land uses and storm water management controls) compared with water quality loadings of the Project area as it exists in its pre- 12 development conditions. This analysis is requiredfor Projects impactingjive (5) or more acres of wetlands. The analysis shall be performed using methodologies approved by Federal and State water quality agencies. Please refer to the existing SFWMD Permit (Permit No. 11-02l30-P) (Exhibit II). The site has been permitted based on the SFWMD parameters and any modiflcation to the existing permit will require a water quality evaluation and a Harvey Harper Analysis at that time. iii. IdentifY any Welljield Risk Management Special Treatment Overlay Zones (WRM-ST) within the Project area and provide an analysisfor how the Project design avoids the most intensive land uses within the most sensitive WRM-STs. The developer shall comply with the well field protection provisions of the Collier County Code of Ordinances. g. Listed Species Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on-site. and conducted in accordance with the guidelines of the FWCC and the USFWS. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on-site. A listed species survey was conducted by Passarella & Associates, Inc. on January 17, 2007. No listed species were observed during the survey (Exhibit 15). Red-cockaded woodpecker non-nesting season foraging surveys were conducted by Passarella & Associates, Inc. from October 29 through 31, 2003 and from November 3 through II, 2003. Nesting season foraging surveys for the red-cockaded woodpecker were conducted from May 4 through 17, 2004. The red-cockaded woodpecker non-nesting season foraging survey and the nesting season foraging survey summary report is included as Exhibit 16. The surveys were conducted in accordance with USFWS Draft Standard Local Operating Procedures for Endangered Species (SLOPES) for the red-cockaded woodpecker (2002) guidelines. A white ibis was observed on-site during a red-cockaded woodpecker survey. Surveys were conducted for wildlife species listed by the FWCC and USFWS as endangered, threatened, or species of special concern; and for plant species listed by the Florida Department of Agriculture and Consumer Services (FDACS) and USFWS as endangered, threatened, or commercially exploited. The Florida's Endangered Species, Threatened Species and Species of Special Concern; Official Lists (FWCC 2006) was used as a reference to identify the status of listed species. l3 In addition to observations made during the listed species surveys, listed wildlife species were also observed and documented during other field work conducted on the Project site. One listed species, the white ibis, has been documented on the Project site. Table 5 summarizes listed wildlife species observed on the Project site during work on the Project site including listed species surveys, red-cockaded woodpecker surveys, FLUCFCS mapping, wetland flagging, agency site visits, and other on-site field work conducted. Table 5. Listed Wildlife Species Observed on the McMullen Parcel Common Name Scientific Name White ibis Birds Eudocimus albus FWCC - Florida Fish and Wildlife Conservation Commission USFWS - U.S. Fish and Wildlife Service E - Endangered SSC - Species of Special Concern T - Threatened T (SI A) - Threatened due to similarity of appearance White Ibis (Eudocimus albus) A white ibis was observed foraging on-site. No nesting sites for any of these listed species were found on-site. No listed plant species were observed on-site. ii. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. The documented occurrences oflisted species, as recorded by the FWCC, and their proximity to the Project site is provided as Exhibit 17. Listed wildlife species that were not observed but which have the potential to occur on the Project site are listed in Table 6. Information used in assessing the potential occurrence of these species included Rare and Endangered Biota of Florida Volume I. Mammals (Humphrey 1992); Volume III. Amphibians and Reptiles (Moler 1992); Volume V. Birds (Rodgers et al. 1996); and personal experience and knowledge of the geographic region. 14 Table 6. Listed Wildlife Species That Could Potentially Occur on the McMullen Parcel Wood Stork Southeastern American Kestrel 6259 4119,6259 Big Cypress Fox S uinel T 424, 424], 4119,6259 4119,6259 4119,6259 Florida Black Bear Florida Panther T E E FWCC - Florida Fish and Wildlife Conservation Commission USFWS - U.S. Fish and Wildlife Service E - Endangered SSC - Species of Special Concern T - Threatened Gopher Frog (Rana areolata) The gopher frog could potentially occur within the upland Pine Flatwoods, Disturbed (FLUCFCS Code 4119) habitat on the Project site; however, it is typically only found in association with populations of gopher tortoise (Gopherus polyphemus). No gopher tortoise burrows were found on-site. Gopher Tortoise (Gopherus polyphemus) No gopher tortoise burrows were observed on the Project site. Surveys for gopher tortoise burrows were conducted in the potentially suitable habitat types identified on the Project site. The percent area of appropriate habitats covered by the survey exceeded the recommended guidelines. Eastern Indigo Snake (Drvmarchon corais couperi) The Eastern indigo snake could potentially occur within the native upland and wetland habitats on the Project site. The Eastern indigo snake is far ranging and may utilize activity areas of 125 to 250 acres or more (Moler 1992). The Eastern indigo snake is typically found in association with populations of gopher tortoise. No gopher tortoise burrows were observed on the Project site. 15 Wood Stork (Mvcteria americana) Potential foraging habitat for the wood stork includes wetland and other surface water habitats. The Florida Atlas of Breeding Sites for Herons and Their Allies (Runde el aT. 1991) list no bird rookeries on the subject parcel. The nearest recorded site (No. 620022) is located approximately 8.5 miles south of the Project site in East Marco Bay. This colony was last reported occupied by brown pelicans in 1989. No wood storks were observed on-site during the July 1999 listed species survey. Southeastern American Kestrel (Falco STJarverius TJaulus) Potential habitat for Southeastern American kestrel may exist within the pine habitats on the Project site (FLUCFCS Codes 4119, and 6259); however, the Project site is at the southernmost extreme of the known range for this subspecies. Since 1980, observations of Southeastern American kestrel in Florida have occurred primarily in sandhill or sandpine scrub areas of north and central Florida (Rodgers el aT. 1996). No Southeastern American kestrels were found on-site. Big Cypress Fox Squirrel (Sciurus nil!er avicennia) Although no Big Cypress fox squirrels or their nests have been observed on-site, Big Cypress fox squirrels could potentially occur in association with the disturbed pine flatwoods, hydric pine, and melaleuca habitats on-site. Florida Black Bear (Ursus americanus floridanus) The Project is within FWCC's bear range and includes cover types that are included in a list of various types of vegetative cover that could be used in some fashion by Florida black bears for essential behavior patterns if situated in appropriate landscape. No Florida black bears or their sign have been observed during wildlife surveys or other fieldwork on the Project. No Florida black bears have been identified by radio collar telemetry points within the Project area. Florida Panther (Puma concolor corvi) The Project area includes cover types that are included in a list of various types of vegetative cover that could be used in some fashion by Florida panthers for essential behavior patterns if situated in appropriate landscape. No Florida panthers or their sign have been observed during wildlife surveys or other fieldwork on the Project. No Florida panthers have been identified by radio collar telemetry points within the Project area. Listed plant species that were not observed but which have the potential to occur on the Project site are listed in Table 7. Information used in assessing the potential occurrence of these species included personal experience and knowledge of the geographic region. 16 Table 7. Listed Plant Species That Conld Potentially Occur on the McMullen Parcel TiIlandsia ulriculala E C T Potential Location USFWS (FLUCFCS Code 6259 6259 E 4119 6259 4] 19, 6259 4] 19, 6259 4] ]9 6259 Simpson's zephyr lily Zamia oridana Zephyranlhes sim'Sonii FOACS - Florida Department of Agriculture and Consumer Services USFWS - U.S. Fish and Wildlife Service e - Commercially Exploited E - Endangered T - Threatened iii. Indicate how the Project design minimizes impacts to species 0/ special status. Describe the measures that are proposed as mitigation/or impacts to listed species. Enhancement of the wetland and upland preserves will include the hand removal of exotic and nuisance vegetation such as melaleuca, Brazilian pepper, and cattails. Since the wetland preserve area consists of greater than 50 percent exotic cover, supplemental plantings of native wetland vegetation will be conducted following the removal of exotics. The surface water management system will be designed to maintain appropriate wetland hydroperiods within the enhancement areas. The wetland hydroperiods will be maintained to provide for the natural wet and dry cycles, which provides for foraging for wading birds. The preserve area and listed species management plan for the Collier County on-site preserve is provided as Exhibit 18. Although no Big Cypress fox squirrels or their nests have been observed on-site, the preserve area habitats will be managed for utilization by Big Cypress fox squirrels. The preserve areas will be placed in a conservation easement or other equivalent deed restriction with inspection, enforcement, and approval rights granted to the SFWMD. The Project is located within FWCC bear range and will utilize FWCC black bear management guidance to deter black bears from frequenting the development. Proactive deterrents of potential negative human-bear interactions may be implemented which could include the use of bear resistant garbage containers and the 17 provision ofFWCC informational pamphlets to homeowners, business owners, and construction/maintenance personnel providing background information on identification, habits, and protection of the Florida black bear. The pamphlet states that if there is a problem with a persistent nuisance Florida black bear they will need to contact the FWCC. The Project is located within the USFWS Focus Area for the Florida panther. Proactive deterrents of potential negative human-panther interactions may be implemented which could include the provision ofFWCC informational pamphlets to homeowners, business owners, and construction/maintenance personnel providing background information on identification, habits, and protection of the Florida panther. The pamphlet states that if there is a problem with a persistent nuisance Florida panther they will need to contact the FWCC. iv. Provide habitat management plans for each of the listed species known to occur on the property. For sites with bald eagle nests and/or nest protection zones. bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents. where applicable. The Project's preserve area and listed species management plan is provided as Exhibit 18. Although no Big Cypress fox squirrels or their nests have been observed on-site, the preserve area habitats will be managed for potential utilization by Big Cypress fox squirrels. v. Where applicable. include correspondence receivedfrom the FWCC and the USFWS, with regards to the Project. Explain how the concerns of these agencies have been met. A Biological Assessment was submitted to the CaE for the Project (CaE Permit Application No. SAJ-1999-04926). The CaE permit application and the Biological Assessment apply to 40c!c acres which includes the McMullen Parcel and the Hammock Park Commerce Center to the west. The CaE forwarded the Biological Assessment to the USFWS as part of their review of the Project in August 2006. The applicant received comments from the USFWS by letter dated June 19, 2007 (Exhibit 19). The USFWS concurred with the CaE's determination of "may affect, but is not likely to adversely affect" for the Eastern indigo snake, wood stork, and red-cockaded woodpecker. The applicant is continuing coordination with the USFWS to address comments regarding the Florida panther. h. Other For multi-slip dockingfacUities with ten slips or more. andfor all marinafacilities, show how the Project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. 18 Not applicable. ii. Include the results of any environmental assessments and/or audits of the property. If applicable. provide a narrative of the cost and measures needed to clean up the site. A Phase I Environmental Site Assessment was conducted by Ardaman & Associates, Inc. in February 2007. Ardaman & Associates, Inc. evaluated both the McMullen Parcel and the Hammock Park Commerce Center site to the west. The Phase I Environmental Site Assessment is included as Exhibit 20. iii. For site located in the Big Cypress Area of Critical State Concern - Special Treatment (ACSC-ST) overlay district, show how the Project is consistent with the development standards and regulations establishedfor the ACSC-ST. Not applicable. iv. Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields. old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. A Phase I Environmental Site Assessment of the Project site was conducted by Ardaman & Associates, Inc in February 2007. A copy of this report is included as Exhibit 20. v. Provide documentationfor the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the Project area. Locate any known historic or archaeological sites and their relationships to the proposed Project design. Demonstrate how the Project design preserves the historic/archaeological integrity of the site. A Phase One Archaeological Assessment which included the McMullen Parcel Project site, was conducted by the Archaeological and Historical Conservancy (AHC) in December 2005 and submitted to the Florida Department of State Division of Historical Resources (DHR) for their review. A copy of AHC's Phase One Archaeological Assessment is included as Exhibit 21. No historic or archaeological sites were found or are known to be located on the Project site. A letter dated November 28, 2006 was received from DHR in which they concur with AHC's finding (Exhibit 22). 19 REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-0] 0-00] .a. Third Edition. Florida Exotic Pest Plan Council. 2005. List of Florida's Invasive Species. Florida Exotic Pest Plant Council. Internet: www.fleppc.org.l05list.htm. Florida Fish and Wildlife Conservation Commission. 2006. F]orida's Endangered Species, Threatened Species and Species of Special Concern. Official Lists. Florida Fish and Wildlife Conservation Commission. Tallahassee, Florida. Humphrey, S.R. ]992. Rare and Endangered Biota of Florida. Volume 1. Mammals. University Press of Florida, Gainesville, Florida. Moler, Paul E. 1992. Rare and Endangered Biota of Florida. Volume III. Amphibians and Reptiles. University Press of Florida, Gainesville, Florida. Rodgers, J.A., Jr., S.T. Schwikert, and A. Shapiro-Wenner. 1996. Nesting habitat of wood storks in north and central Florida, USA. Colonial Waterbirds] 6: 1-21 Runde, D.E., lA. Gore, J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. U.S. Fish and Wildlife Service. 2002. Draft Standard Local Operating Procedures for Endangered Species, Red-Cockaded Woodpeckers. 20 EXHIBIT 1 RESUMES Education Experience Continuing Education Professional Associations CHERYL M. ROLPH Ecologist, Passarella & Associates, Inc. Provides ecological services for private and public development and road projects. Services include state, federal, and local wetland jurisdictional determinations; environmental construction inspections; environmental impact assessments; ecological assessments; listed species surveys; and wetland monitoring. Bachelor of Science, Environmental Studies, 2004 Florida State University, Tallahassee, Florida Environmental Specialist III, State of Florida, Department of Environmental Protection, Fort Myers, Florida, August 2004 - Ju.ne 2005. Detennined wetland boundaries according to Chapter 62-340, F.A.C, Worked integrally with Lee County Department of Community Development as well as other governmental entities and private environmental consultants. Reviewed wetland determination reports prepared by consultants. Educated the public on wetland functions and hydric soils. Biology Laboratory Technician, Environmental Planning and Analysis, Tallahassee, Florida, May 2004 - August 2004. Efficiently and accurately performed lab work involving identification of aquatic organisms present in saltwater and freshwater sediment samples. Assisted with collection of samples from rivers and estuaries of project areas. Environmental Permitting Short Course, Marco Island, Florida, 2005. Florida Unifonn Mitigation Assessment Method (UMAM) Short Course, University of Florida, Gainesville, Florida, August 2.005. Hydric Soils Specialized Wetland Training, University of Florida, Gainesville, Florida, October 2005 Richard Chinn's COE Delineation, Tampa, Florida, July 2006 Florida Wetlands (CLE), Tampa, Florida, November 2006 Florida Association of Environmental Professionals Society of Wetland Scientists Education Experience Continuing Education Professional Associations BETHANY BACHELOR Ecologist, Passarella & Associates, Inc. Provides ecological services for private and public development and road projects. Services include state, federal, and lo~al wetland jurisdictional determinations; environmental construction inspections; environmental impact assessments; ecological assessments; listed species Sl,lrveys; and wetland monitoring. B.A. Animal Science, 2003 University of Florida, Gainesville, Florida M.A. Environmental Science, 2006 Florida Gl,llfCoast University, Fort Myers, Florida Intern, South Florida Water Management District (SFWMD), Fort Myers, Florida, October 2003 - July 2006 Data Management for Picayune Strand restoration projects. Process and analyze surface and groundwater data. Graduate Research Assistant, Florida Gulf Coast University Coastal Watershed Inst., Fort Myers, Florida, November 2004 - July 2006. Conducted zooplankton-monitoring project for FGCU, Supervise and train project interns, Richard Chinn's COE Wetland Delineation, Tampa, Florida, September, 2006 Florida Association of Environmental Professionals Society of Wetland Scientists EXHIBIT 2 AERIAL WITH FLUCFCS AND WETLANDS MAP " ~ I ~ i ~~ ! S; D~:< ~~I:i~!"Il'!' ..e....~.s..'" ;;j~~i;~~~ eB~~~~;~ . ~~ H . ~ mm ! Lo ~~ ~@~ !/~~/g i i;; i~~~ il~~~~~~ o . ! ~ ~ ~ 1M ~ ~~g It'" :;;: ~~~;i~~~;~ ~ '" Cl ~ -' i;; eJ ~ '" Cl g: ~ ~ ~ ~ 3 ~ ~ ii' ,-l ,:;; '" "' <( , Ul !lI:;;:~ <>::~ ....lUl ....l~ ~- ~u <>::0 [fJUl [fJ'" ~10 I" " I , N 1 ~@~ IHh ~ j~~ ~~~;::;~~ ~S~S-i\S l;; ~ c:; ~ c..: ~~i3~~ ~ ~ ~ ~ ~ s g g ~ ~ ~ ~ ~ ~ ~ EXHIBIT 3 FLUCFCS AND WETLANDS MAP <(z);:] < :,: z_ ~; ~~ t~ :ii~ ~i ~. U ., [1 .J ~ !~~~~;~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . 15;;t!:~!'!IH;! ;ot~<D":~';o;i" ~... " N '! '!" ~::P~~:i~~ ~~S~~~~~ s~ iH c. E~Z~~~ ~~~!~~. g g ;:.1 ;:;l ~ i I ~ ~~" ~g ~g~ f~gg~~ ~~~~~2~~ ~~~~~;gge !~ ~+; ~~ ~; D~~ ~ ._.,"""'.......,......"''''~.~......"=..,,'',,c , ~ , 0 I ~..- H *g n ~ :r ~~ ~ @ 0 ~ ~ ~ ~ 1E ~ .J 0 ...l Z 'i <<: ~ ~ u :l 0: m SJ:~~ _0': :5~ u:J~ ~u <co rJ)lfJ rJ)lfJ -<1<1 0-<0 4Aa\ ~I ~ ~ 0- , ~p {~~~~ ~~fU I";)I"~~~ i'i~<!~<!~ ~r:i~.".: i~lel~ n~ ~ ~ ~ u S z ~ ~ ~ ~ ~ ~ EXHIBIT 4 WETLAND TOPOGRAPHIC MAP <(z) :0, ~ ~ v " ~ ~ u " E ~ w .. z '" w ~ >- ~ DD ~ 00 c . ~ 1 . i ~ u @ 5: ~ ~ ;;: 0 z 0 :j 0 .-> .... ::J '" ::; 0 :,q I;; ,. :S~ G:J~ ~u -<0 [fJ<fl [fJ<fl ~~ 111.\ ~\ .I ~ gc-~ ~g1~~ Iji~~ o ::::. g ~ ~ ~cf'" ~~~s~s I ,~,~ ,~lciiu ;~.....:.~ur-.: ",.. ,,,.............,,...........>.___~_................i...........'....O\SQ>.,.,,,..~K'OOIU'O,,...\., EXHIBIT 5 SOILS MAP . . ..... .- .. ---.. ' -- ..... .. ....rIIIII! I... _....,.......'.' -. - ..--11. ... - . .-11111.. . .. 1- II...... III.... .... _ Ii ... 1111. -.. III II -.. ...-;- · · .. -!MIll II 11m I ..-11 · .- I' ...r: III - . I 1111I IliI : .. I .... II. I IlII 1\1" .. .. iii .._- . EXHIBIT 5. SOILS MAP MCMULLEN PARCEL .. :I "1'1II ~ - -.11 -1- ,. I- - .. II III III ..' .'. ....'.......'...........mc.......................'..,..co............... 1_. /' ....-. """".'" II ~ .. ~ .....,.. ".., .. .. ~ 1I/!iN!!IIIlf.'/'."" II! '''1 "'". " '"' . ~.<.l,.. .. .'^_;._.~.__,_< c'" ~ . , I ~ Ill' -- .. ...... ... iii -- ...- ..... .. ..r . I..: I .,.;-..1 .. .11 r . r.. .. -Ill .... .11I I . ";.,. II -:'I~. .. ..... .-... . I . ~ IlJIIi IiII .. ...r_ _ II!. I~.. .... BlifiI ....... _._ 11- .. _ IDI II .. .... -.. '." .. ..., ."-. . .-..= .....-....-.. .. ..... .... .. ... ._11 .; . .... .. . .. - Legend: 0" McMuLLEN PARCEL Gl HYDRIC o NON-HYDRIC SollUnll " " Description BOCA FINE SAND HAlLANDALE AND BOCA FINE SANDS Hydric NO YES AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH COlLIER COUNTY PROPERTY APPRAISER"S OFFICE WITH AfLlGHT DATE OF JANUARY 2001 ROADWAY NETWORKS WERE ACQUIRED FROM THE FLORIDA GEOGRAPHIC DATA LIBRARY WEBSITE 200 400 Feet 600 SOILS MAPPING WAS ACQUIRED FROM THE FLORIDA GEOGRAPHIC DATA lIBRAF!Y WEBSITE OCTOBER ZOll7 AND CREATED BY THE NATURAl RESOURCES CONSERVATION SERVICEI<il<ilO ).1. C.G.R. 5/22/08 5/22/08 .~~~~~~~~~ EXHIBIT 6 CONCEPTUAL WATER MANAGEMENT PLAN .- - -- ~-_.. I --.,...- .....-.-...-- -- ~~'='IUIId .... 'T.I. A ........ '-''-''- ",VJIrH GndW N311m'PW J I . ['" on _ 7lW ....... _... DI_./ AtW1IDHII = -- R so.r !IlllI'.''iI:8DJ.ol!IS lI!IlIlI&L.. "'.. ~ -l O~. ::Jt:i p.,~ ~~ Z~ i:Ll~ .....:lfil .....:If-< ~~ ~:;2 ui:: ~B z o u ~ h ~l. ~I~ ~ ~M :m NV7d LN:IN3DVNVW UClLVAl7VIlU3JNO:J an t~. dIHS!l3N.LUVd A 'HWV,; H31lIW3S II U ~. 111,1. 1'llrIR; 1\ '1= . .. I Ii ~ " r ! 3: .. ~~ ~i ~8 EXHIBIT 7 UTILITIES FACILITIES & OFF-SITE INTERFACE MAP ::."::=~;-~= .,._.::::=--::.~--::::::: I ~:p;(Old'~c1""T'.I..I."''''''' ~ddlW"'5lofurnS'=mBug :J~.n.tl f-< e3 ::r: ~ ~ ~ u cr~ ::J~ ~f-< ~~ 012 Q)~ ........0 ........0(1 ;::jell ~f:3 Ut: ~G -< ~ ell ~ f:: ::1 f:: ::J n ~ 5~ "'< "'''' ~~ iE~ :I:u ~ ~- >- --' 0 ~ 0 ~ ~ ~ u: -< 0 _J 02 ~~ <~ g" ;;i~ ~g -~ ~~ ~ 3 '" u --' >- ~ '" 0: ~ '" 0 z u ]>61D andW N3Tmw~w_1 .LI8IHX3 3:JV 3H3.LNI 3.LIS330 f I ,.~. I S3/111J:JV 3 S3/111/.Ln ~ n _~ a~1 'dlHSH3NJ.t/Vd --.! ~ AlIWV.fH31HW3S "~ ;:;::.::. ~ N ~ b en '" 0 >- ~ ~ C3 ~ ~ ~ w I g~~L--- n~ :S 0 cl _ u u ---;::,.~ L() "'~ 0'" Z< <'" ,,--, >-< --,Z ",< --,U ~ III I!! ~ ~'" 11'..: I ~ :i2~ 1;'11 g 8~ \q \ ~ z::~ \ \ \ ~ ~ :: \ ~ '" \11'\.... r1~il) 1\1 ^ ~\!i Ii ~ ~1~1 i\ ~ gii:l r\ < ,,\ '" ~ ';;E ::1 "I ;, <Iii!: o ::C'l I' ~ I: : ~ t:l H ~\ . :;:11", ~\\!\\ ~'\iH\ ..J ~ ~l d ~ '1\ H CJ 1\ q ~--111 t1 ~ 1\\ ~~\ IJ oz ~~ ~~ ~~ ~~ ,,~ ~. ~ts I --' '" z o <3 "' '" '" "' ::; --' o u ~ ! I ~ lH J ~ n N ~ z Ul u :;I u 5 ~ " \ J u o ;~ !i j ~ cruv AH'1f10a lBIT10J ~k ~~ - --' 0--' w:; ;;i ~ '" 0 !:= ~ enw :;: \ j ~ < "'I'" u:1 ~ u N N o o o ~ o Ul :J o u EXHIBIT 8 MPUD MASTER PLAN __ l&Il_-'_ ---- --- ...----.---... ~1fI~....T.l.l'.... ~J!o'O DNl~'nSNO:> . ""=""Vll\G ~ 8 o...z ~-< ......:l zo., ~~ ~u..l ~~ ~<:r:: ~~ u ~ .J. .LlflIHX3 anaw N311nw"W NYld H31SVW anaw I m~ I - -- _sa~ an'dIHSll3N.LHVd .A. 7lWV.:/ H318JiV3S '"'' J.:l:l!18drl'tltt5O-CI1d lO'O/~.OO~OO~_1 t ---------. ~~~~ i1~~~ -~~~ b~ " ~ 1'-----------, , , , , , , , , I , I , \ / I , ! \ , , , ' , ' , ' 1\ ___) '....---- ...J:ci!~ ~~~~ ~g...Jo( o~w O-~~ . " ., .! I II II II II I,.:" B~.' :~iiii ;;;;1 ~ i < OJ "' "~ z , ~ ~~ :, ; ~~~ 8~~ d II ~ o ~ ~ Iw ~ ~ ~8 ~ ~~ I EXHIBIT 9 COLLIER COUNTY FUTURE LAND USE MAP i ~ ~ ~ In I: "'~ ! ~ ~ ~ ~!:l q ~ ei ~ ~ ffi :g ~ IU ~ ~ ~ B~ ~:~o 3, ~ ~ ~ €~ ~ ~, ~ ~ iii, ~~Ol:'~t=,~'.' ;;;j{1;;~~ ~. '" 0 r6 ~., t; ~ ';::,'" ~ <i ffi ~ :. g ~ t},,5 cS ~ ::l. <l ~ <.:J .J t; 9 ~ % ~ ~, 0 5 ~ % ~ ~ ~ ~ 5 a ~ ~ ~ ~' ~'~ ffi ~ ~" ~ ~'~ ~ ~ ~ ~ ~ -i:i b 1: ~ ~" ~ ~ 5 ~ ~ I ~ ~ i3 e ~ ; i 1: U') i u w ;r,~ ,!;l: ~ Q: Q: Q: 3 !i :5 !'I)O.~"."""O"'O ,+" 3 . . i ffi~S ! g~h i~. ~g~~ m "~~~ ~n ~~~~ ~oo 8~~, n~hn ~~li: ;tel~~ L~ ~~~< ah 81lr~ ~ o ~ z oJ " W ~ U 0 a:: ill ~ g z :l UJ " oJ t: oJ ;0 ::l i!5 :! ~ () u :! g b !!j o " .. ~ ~ 11 EXHIBIT 10 UPLAND AND WETLAND PRESERVE MAPS <(z) ~ .. '1 ~. . ,.e. D~ml~~ ~ , ~ I I ~ ~ UJ GJ i2 ~ g: ;;; 0 ~ i ::; 0 :::E ~ o S :; :5 ,. (f) UJ @~ o::u <1:;0 lfJUl lfJUl pS~ .nl 111}' j ~@. ~8~~~ IjiU ~~~~~~ ~~I~i~ ~"':'eur><: "..M"...............,.....-U....,.-I...l_........._-....__..._..,_...oa.,._.~.nDS.l..,SOG<'I.. . ~ . . . t ~ie ~~ ! ~ , 5 , - . ~3 .~ ~~~ . , ;:ji::2 "" ~~ in i ! I~~ .. ~~~ ffi ~ ~ ffi~ ~~ I ~ L L ~~ ~!; ~~ .~ "' o! !~ ~ ~ u . p 5 ". " o. ~; g m ;i ~ ~ 8e ~ . ~ l",ffi ,~ 0 . D~ml~~ Ii! ~i > ~~ EXHIBIT 11 SFWMD PERMIT NO. 1l-02130-P AND STAFF REPORT EXHIBIT 12 FLUCFCS DESCRIPTIONS McMULLEN PARCEL FLUCFCS DESCRIPTIONS Pine Flatwoods. Disturbed (25 - 49% Exotics) (FLUCFCS Code 4119 E2) The canopy contains slash pine (Pinus eJ/iottii), scattered cabbage palm (Sabal palmetto), and 25 to 49 percent melaleuca (Melaleuca quinquenervia) coverage. The sub-canopy consists of slash pine, wax myrtle (Myrica cerifera), dahoon holly (flex casine), and Brazilian pepper (Schinus terebinthifolius). The ground cover includes saw palmetto (Serenoa repens), grapevine (Vilis spp.), greenbrier (Smilax spp.), poison ivy (Toxicodendron radicans), beauty berry (CaJ/icarpa americana), saltbush (Baccharis halimifolia), hog plum (Prunus umbellata), and Virginia creeper (Parthenocissus quinquefolia). Melaleuca (FLUCFCS Code 424) The canopy and sub-canopy of this upland habitat type contains 76 to 100 percent coverage by melaleuca. Ground cover includes scattered saw palmetto, grapevine, greenbrier, poison ivy, and beauty berry. Me1aleuca. Hvdric (FLUCFCS Code 4241) The canopy of this wetland habitat is dominated by 76 to 100 percent melaleuca with widely scattered slash pine and occasional cypress (Taxodium distichum). The sub-canopy contains melaleuca, Brazilian pepper, and occasional slash pine. The ground cover consists of bare ground with occasional wax myrtle, blue maidencane (Amphicarpum muhlenbergianum), yellow-eyed grass (Xyris spp.), and rush fuirena (Fuirena scirpoidea). Pine, Hvdric. Disturbed (50 - 75% Exotics) (FLUCFCS Code 6259 E3) The canopy ofthis wetland community consists of slash pine, cabbage palm, and 50 to 75 percent coverage by meJaleuca. The sub-canopy contains scattered slash pine, cabbage palm, myrsine (Myrsinefloridana), dahoon holly, cypress, and Brazilian pepper. The ground cover includes scattered swamp fern (Blechnum serrulatum), blue maidencane, wax myrtle, sawgrass (Cladium jamaicense), water pennywort (Hydrocotyle umbel/ata), yellow-eyed grass, gu1fdune paspalurn (Paspalum monostachyum), and rush fuirena. Disturbed Land (FLUCFCS Code 740) This upland area has been altered by human activities and is located in the right-of-way of Rattlesnake Hammock Road. There is no canopy vegetation. The sub-canopy may contain Brazilian pepper and melaleuca saplings. The ground cover is mostly bare ground with scattered bahiagrass (Paspalum notatum), Bermuda grass (Cynodon dactylon), and white beggars-tick (Bidens pilosa). Road (FLUCFCS Code 814) This area is a paved road (Rattlesnake Hammock Road) which contains no vegetation. E12-1 EXHIBIT 13 NATIVE VEGETATION MAPS ~ ~ G:\. ~ O. [DJ >0 ,; ~ <::(2) ~ ~ ~~ . ~i L ~~ ~~ ~~ i~ "" I~ ~! ;i ~I ~~ ;~ ~~ ~~ i~ ;; :~ ~~ ~~ ~~ ;~ ~i ~~ ~g ii ~~ ~. ~~ ~~ q ~~ I~ ~~ ~~ i!~ ~~ /:~ @~ tlg ~~ ~~ ~ n n ~i ~:1 ~~ ~ i ! i . ~ ~ ~ ~ " ~ ~ linn ~~~ ,d U z '" 0 ~ ~ z t;; UJ '" ::J ~ ::J ~ ~ ::; " z .~~~ ~~ ~~ ..5~ J;", ~ L, ._~"pu ~~ Z ~~ ~<~ "-0. -~ ~~~ I! .~ .~ !: ~~ ~~~ ~2 ~~ ,I' ~~ ::~ ffi~~ ~~ ~~ ~g ~~ ~: m ~I ~! !~ ~~ J~ "8< ., .0 .: .~ .~ z ~~i ~~ ~i ~I ~~ !; ~gS~~~~~I~ ..;".,: ~N~ ~ ~ ~ ~ ~ ~ ~ ~,~ <r-O::?~:6; o:~ ._.~_ f ., .1 ~ ~~~ ~ ,;;:: UHj~. ~ ff c ~ i~ i o ~ ~~. ~~<(~~~ ~~~~~~ j:::~~:~~ I: I I H~ ~~ i ~~~ I"] c ,.~ ' ~.'.;; 11 ,. I ~ , ;:; I ~ ~ I. <: " 0. '" ' ~ ~ -' ~ :J < ;1 ~ u " ;:; ii $ ~ "' ~I~ -ll.iij -If- w< o::u ~'O CIlIC/l (/)I(/) ~!< CJ..<10 I, ~~~~~ ijU~ II _ __ _,. ....... >,1." .., _ _ _om" ""."." _" .._.'"'......, ."J"'......."..,,, EXHIBIT 14 WRAP ANALYSIS SUMMARY SHEETS - 00 .,; - <= ~ 'il " .. OS =- = J! ;; =5 ::g .. -B .J .. ~ UJ '" .. .. .. = .6h ~ = J;.l :3 ... 0 <= ... '" eo <= u S' ~ v:i ~ .. ~ '" .. .. <= " en ~ ~ .... = .. 5 "" <= '13 .. .. i:;< .. .. =- ..,j ;;;i .. oS ~ .. Q '"' 0C1 Po. ~ ~ ;;; .. a ... Q -.; ~ ~ ..:. '" Q Po. - .... 0:; <; ~ -.; '"' .. '" Po. = ~ -; ::; ~ N .,;. I.Ll EXHIBIT 15 LISTED SPECIES SURVEY McMULLEN PARCEL LISTED SPECIES SURVEY February 2007 INTRODUCTION This report outlines the listed species survey conducted by Passarella & Associates, Inc. for the 17.59," acre McMullen Parcel (Project). The purpose of the survey was to review the Project area for state and federal listed plant and wildlife species. The review consisted of an on-site field survey conducted on January 16,2007. The Project is located in Section 14, Township 50 South, Range 26 East, Collier County (Figure I). More specifically, the Project is located near the intersection of County Road 951 (Collier Boulevard) and Rattlesnake Hammock Road. The parcel's current land use is undeveloped, forested land that has been invaded to various degrees by exotic vegetation. METHODOLOGY AND DISCUSSION A listed plant and wildlife species survey was conducted on-site to determine whether the Project was being utilized by state or federal listed species. The property was surveyed for wildlife species listed by the Florida Fish and Wildlife Conservation Commission (FWCC) and U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern; and for plant species listed by the Florida Department of Agriculture and Consumer Services and USFWS as endangered, threatened, or commercially exploited. A field survey was conducted on January 16.2007. Weather conditions during the survey consisted of partly cloudy skies, a slight breeze, and temperatures in the upper 70's. The listed wildlife species survey included, but was not limited to, the red-cockaded woodpecker (Picoides borealis) (RCW), Southeastern American kestrel (Falco sparverius paulus), bald eagle (Haliaeetus leucocephalus), state listed wading birds, wood stork (Mycteria americana), Big Cypress fox squirrel (Sciurus niger avicennia), Florida black bear (Ursus americanus floridanus), Florida panther (puma concolor coryi), gopher tortoise (Gopherus polyphemus) and their commensals, such as the Eastern Indigo snake (Drymarchon corais couperi) and gopher frog (Rana areolata). The listed plant species survey included species typical to forested upland and wetland habitats in this geographical region, as well as listed epiphytes and terrestrial orchids common in Southwest Florida. The survey was conducted by a qualified ecologist walking meandering transects through suitable habitats within the Project area (Figure 2). Transects were spaced 40 to 50 feet apart depending on habitat and visibility due to the density of the vegetation. Habitats were inspected for listed plant and wildlife species. At regular intervals the ecologists stopped, remained quiet, and listened for wildlife vocalizations. E15-1 SllRVEY RESllL TS No listed wildlife species or their sign (i.e., tracks, scat, nests, burrows, etc.) were observed on the property during the January 2007 listed species survey. E15-2 1.1 FIGURE 1. PROJECT LOCATION MAP I~MCMULLEN PARCEL N *c1 W E j),\ S ( PROJECT LOCATION SEe 14, TWP 50 S, ROE 26 E ~ -~ PASSARELLA and ASSOCIATES. INC. Consulting Ecologists DRAWN BY: J.1. DATE: 5/10/06 ~ g~ h !~ ~~ ~. .~ "~ ~~ !i :..,. ;e- " . -: ~~ ~.t~.~~. ~:5::! ci -' \i 1'l:: W tI +1 .1 tI +1 +1 ~.'i!~~~~~ ~ll3a~~~<t ~NOO"""'~ u ~ ~ Ii ~~ j!! !ll ~I,i:: ~!~I"~ B~~~~~~ ! ~ ~ n 0:- '> I . . \ I , I 1- 0 I ~ ~ o z d~ u "'''' t:k: ~ti : g~ z ~g: w . ..J "'r ..J uw ::> t~ :>;:.:. (J':Vl "'j5 ~ "' ~ '" ~ ~ --. '" o " V) t ~~~ ~ to . G.~ ~ (:)0;>> I~~ i "tl Do . ~n 1:3::::;8 ~ ~ i I~G ~ " 2' V) OJ V) <3 Q; ~ I I '" :!~i~~: !" IZ l~ 1'- <. M- I..... ,.... '" i Z.!Z Z !~:~S~S I I !~ Ii; Iii! ec.:l:; 10 I" 'l~ I~ () 0"': <L. II, III _ _ .,,,,.,.,, ""....~... .."'.........,..",..,........,"'''''''"."''',,,,,,"'',, EXHIBIT 16 RED-COCKADED WOODPECKER FORAGING SURVEYS SUMMARY McMULLEN PARCEL RED-COCKADED WOODPECKER FORAGING SURVEYS SUMMARY February 2007 INTRODUCTION Surveys for the red-cockaded woodpecker (RCW) (Picoides borealis) were conducted by Passarella & Associates, Inc. within suitable pine habitats located on the 40:t acre McMullen Parcel (Project). The Project site consists of the eastern half of the McMullen Parcel, while the Hammock Park Commerce Center Project site encompasses the western half. RCW non-nesting season foraging surveys were conducted from October 29,2003 through October 3] 2003 and from November 3, 2003 through November] 1,2003. Nesting season and cavity tree foraging surveys for the RCW were conducted from May 4 through May ]4,2004. METHODOLOGY Survey methodology was conducted according to the U.S. Fish and Wildlife Service (USFWS) Draft Standard Local Operating Procedures for Endangered Species (SLOPES) for the RCW (2002). Per the SLOPES, the time of day requirements for the nesting season cavity tree survey are one hour before sunrise and ending four hours past sunrise or when local weather conditions are not favorable. Nesting season cavity tree surveys for the Project began at approximately 6:00 a.m. (one hour before sunrise) and ended by I] :00 a.m. (four hours past sunrise). Foraging surveys were conducted by qualified ecologists traversing suitable habitat by foot. Nesting season foraging surveys for the Project began at approximately 8:00 a.m. (one hour after sunrise) and ended by ] ] :00 a.m. (four hours past sunrise). Non-nesting season foraging surveys for the Project began at approximately 8:30 a.m. (one hour after sunrise) and ended by 11 :30 a.m. (four hours past sunrise). Transects and observation stations were recorded on aerial photographs each day, for both surveys. Wildlife observations were recorded for each survey transect. Visual observations were aided by binoculars. Relative weather conditions were also recorded for each sllrvey period. SURVEY RESULTS No RCW's were heard or observed during the non-nesting season or the nesting season foraging surveys. During the RCW surveys, one listed wildlife species, the white ibis (Endocumis albus), was observed on the Project site utilizing Cypress/Pine/Cabbage Palm, Disturbed (FLUCFCS Code 6249) habitat. This species is listed as a species of special concern by the Florida Fish and Wildlife Conservation Commission and is not listed by the USFWS. Based on the previous surveys conducted on the property and the RCW nesting and non-nesting season foraging surveys, there is no evidence of use of the Project site by RCW's. E]6-] REFERENCES U.S. Fish and Wildlife Service. 2002. Draft Standard Local Operating Procedures for Endangered Species, Red-Cockaded Woodpeckers. E16-2 EXHIBIT 17 DOCUMENTED OCCURRENCES OF LISTED SPECIES . . i * ~ ~ ~ ~~ !i ~ ~ 0 'o~ ~5 ~~. il ~ w~ ~~ hI .~ ~m ~g q ~~i ~~ .~.~ h Ho h ~~ ~~ ~~ !~~ ~a h ~m @~ ~r ~I ~; ~~~ ~" hi ~~ ~~ i~! ~~~ ~ I ~ .... g ~i~g ~ ~~~g~ ~ 5W~~uffi l ~ ~ ~ ~ ~..~ ~...... !"+."~~' ,+" 3 oJ.. UJo U~ a::~ <C w"' c.. ~~ ::>w Z u.. u"' UJ 00 oJ OW ..J j!!ti ~ ffi:J ::!i'" () il ::!ill i EXHIBIT 18 PRESERVE AREA AND LISTED SPECIES MANAGEMENT PLAN McMULLEN PARCEL PRESERVE AREA AND LISTED SPECIES MANAGEMENT PLAN Revised September 2008 INTRODUCTION The following outlines the preserve area and listed species management plan for the McMulJen Parcel (Project). The Project is 19.32;: acres located in Section 14, Township 50 South, Range 26 East, CoJlier County. More specificalJy, the Project lies to the north of Rattlesnake Hammock Road and is approximately one quarter mile east of County Road 951. The Project's existing land uses include undeveloped, disturbed forested land. The site's surrounding land uses include undeveloped, forested land; Rattlesnake Hammock Road; and a Florida Power & Light easement. The Project's Collier County preserve area totals 0.84;: acre within the Project site. The management plan for the preserve area includes exotic removal, native wetland plantings, and long-term maintenance. A listed species survey was conducted by PassareJla & Associates, Inc. on January 16, 2007. No listed wildlife species or their sign were observed during the survey. However, management plans are included for the foJlowing listed species: Eastern indigo snake (Drymarchon courais couperi), Big Cypress fox squirrel (Sciurus niger avicennia), Florida black bear (Ursus americanus floridanus), and Florida panther (Puma concolor coryi). There is potential habitat on the Project site for the Eastern indigo snake and Big Cypress fox squirrel, and the location of the Project is within the range of the Florida black bear and Florida panther. EXOTIC REMOVAL AND NATIVE PLANTINGS The preserve area management plan for the Project consists of re-creating and preserving 0.81;: acre of native wetlands and enhancing and preserving 0.03;: acre of upland preserve area. Exotic and nuisance vegetative species will be removed by hand. The exotic vegetation will be cut down to grade and the stump treated with a U.S. Environmental Protection Agency approved herbicide with visual tracer dye included. The hand removal of exotic and nuisance vegetation will include one or more of the following methods: (1) cut exotics within 12 inches of ground elevation, hand remove cut vegetation, and treat remaining stump with approved herbicide; (2) girdle standing melaleuca (Melaleuca quinquenervia) and Australian pine (Casuarina equisetifolia) with diameter at breast height (DBH) greater than four inches and apply approved herbicide to cambium; (3) foliar application of approved herbicide to melaleuca saplings, Brazilian pepper (Schinus terebinthifolius), Australian pine, and downy rose myrtle (Rhodomyrtus tomentosus); and (4) foliar application of approved herbicide or hand pulJing of exotic seedlings and cattails (Typha spp.). The 0.8 a acre of wetlands within the preserve area consists of greater than 75 percent exotic coverage and will be planted with native wetland plantings folJowing the removal of exotics. E18-1 Planted tree species will consist of slash pine (Pinus elliottii), cypress (Taxodium spp.), and cabbage palm (Sabal palmetto). Shrub species to be planted will consist of wax myrtle (Myrica cerifera), myrsine (Myrsine floridana), and/or an equivalent species. Ground cover vegetation will consist of gufldune paspalum (Paspalum monostachyum), cordgrass (Spartina bakeri), and/or an equivalent species. Planting specifications will be in accordance with Land Development Code (LOC) Section 3.05.07.H. I.e. The upland portion of the preserve area consists of less than 50 percent exotic vegetation; therefore, no supplemental plantings will be conducted in the uplands. EXOTIC MAINTENANCE Regular inspections of the preserve area for exotics shall occur annually or more frequently if necessary. Preserved habitats will be enhanced by the hand removal of exotic/nuisance plant species. Exotic plant species will include all Category I invasive exotics as listed by the Exotic Pest Plant Council (EPPC) and exotic vegetation as defined by the County LOC. Hand removal will include the felling of exotics trees, hand removal, and herbicide treatment of the stumps; or hand pulling. All exotic vegetation within the preserve area shall be physically removed as required by the LDC, or the tree cut down to grade and the stump treated. Herbicide treatment will be with a U.S. Environmental Protection Agency approved herbicide that includes a visual trace dye. Exotic vegetation within the interior of the preserve will be treated in place if physical removal will cause more damage to the native vegetation within the preserve. LONG-TERM MAINTENANCE The preserve areas shall remain in a natural state in perpetuity and not be disturbed by dredging, filling, land clearing, or construction related activities. Maintenance of exotic vegetation within the enhancement areas will occur annually in perpetuity. During maintenance events, locations of nuisance and/or exotic species will be identified for immediate treatment with an appropriate herbicide. Any additional potential problems will also be noted and corrective actions taken. Maintenance will be conducted in perpetuity to ensure that the enhanced, restored, and created wetland and upland preserve areas are free of exotic vegetation (as currentl y defined by the EPPC and County LDC). The upland preserve area will be monitored for excessive ground cover and sub-canopy growth. Ground cover and sub-canopy growth will be maintained in perpetuity to enhance maximum wildlife use, including use by the state listed wading birds and the Big Cypress fox squirrel. Prescribed burns or mowing may be utilized to maintain ground cover and sub-canopy vegetation. Required permits from the appropriate regulatory authorities will be obtained prior to implementation of management activities such as prescribed burns. E18-2 EASTERN INDIGO SNAKE The following management plan outlines the protection guidelines that wiJI be implemented for the Eastern indigo snake during site clearing operations for the Project. A qualified biologist wiJI be on-site during clearing operations to observe for Eastern indigo snakes. The plan provides educational material and guidelines for construction personnel to follow in case they encounter an Eastern indigo snake. The plan has been prepared following the guidelines established by the U.S. Fish and Wildlife Service (USFWS) for the protection of the Eastern indigo snake. Background Information Description The Eastern indigo snake is a large, non-poisonous, glossy black snake with smooth iridescent scales. The chin and throat may be rusty or white-blotched. The juvenile snakes are similar to the adults but may be lighter and exhibit a blotched dorsal pattern. Adults can grow to lengths over eight feet. The Eastern indigo snake might be confused with the black racer (Coluber constrictor), but the black racer exhibits a white or brown throat and is smaller and lighter in build. Habitats The Eastern indigo snake inhabits a range of habitat types including pine flatwoods and wet prairies. Individuals are wide ranging and may utilize an area of 250 acres or more (Moler 1992). Eastern indigo snakes are known to shelter in gopher tortoise (Gopherus polyphemus) burrows. The Eastern indigo snake is diurnal (active only during the daytime) and wiJI actively search for prey. Prey may include frogs, snakes, birds, and small mammals. Very little is known of the reproduction of this species in the wild. Breeding is believed to occur during the winter and early spring months with up to II large white eggs being deposited in late spring and early summer. Protection The Eastern indigo snake is a federal threatened species and is protected by the Endangered Species Act (ESA). It is unlawful for anyone to injure, harm, harass, or kiJI this species. Persons who knowingly violate provisions of the ESA that afford this species protection may be subject to fine and/or imprisonment. Only the Project's qualified biologists may come in contact with or relocate an Eastern indigo snake. Educational Materials Informational posters will be placed in a conspicuous location at the construction office and construction entrances to the Project. The posters wiJI provide background information on identification, habitats, and protection of the Eastern indigo snake. The posters state actions to take if an Eastern indigo snake is sighted and the names and numbers of contact persons. Bl8-3 Informational pamphlets will be provided to individuals in charge of the clearing operation for distribution to all construction crews. The pamphlets will provide background information on identification, habitats, and protection of the Eastern indigo snake. The pamphlets will state actions to take if an Eastern indigo snake is sighted and the names and numbers of contact persons. ACTIONS TO TAKE IF A LIVE OR INJURED EASTERN INDIGO SNAKE IS SIGHTED DURING CONSTRUCTION ACTIVITY I. Cease construction activity. 2. Promptly notifY the Project's on-site biologist: Passarella & Associates, Inc. Phone: (239) 274-0067 3. Allow the snake sufficient time to move away from construction activity or allow the qualified biologist to promptly relocate the Eastern indigo snake before resuming construction. Only the on-site biologist is permitted to come in contact with or relocate an Eastern indigo snake. ACTIONS TO TAKE IF A DEAD EASTERN INDIGO SNAKE IS SIGHTED DURING CONSTRUCTION ACTIVITY I. Promptly notifY the Project's on-site biologist: Passarella & Associates, Inc. Phone: (239) 274-0067 2. Seal the remains in an airtight plastic bag and place on ice. 3. The qualified biologist will contact the following agency personnel for proper disposal: Brad Rieck U.S. Fish and Wildlife Service 1339 20th Street Vero Beach, Florida 32960 Phone: (772) 562-3909 Fax: (772) 778-2568 Florida Fish and Wildlife Conservation Commission Habitat Conservation Scientific Services 394 I Tamiami Trail, Suite 3 I I I Punta Gorda, Florida 33950 Phone: (94 I) 575-5784 Fax: (94 I) 575-5862 Copies of the educational material will be provided to the USFWS Vero Beach office for review and approval prior to commencement of site clearing. E18-4 BIG CYPRESS FOX SQUIRREL Although no Big Cypress fox squirrels or their nests have been observed on-site, the following management plan has been prepared for the purpose of addressing the conservation of potential Big Cypress fox squirrel habitat on the Project, and the protection guidelines that will be implemented for the Big Cypress fox squirrel during site clearing operations. The Project will provide 0.84:10 acre of preserve area that could potentially be utilized by the Big Cypress fox squirrel. Background Information Description The Big Cypress fox squirrel is a large tree squirrel with variable fur color. The most common color phase has a black head and dorsal fur with buff sides and belly, white nose and ears and buff and black tail. Other forms may be nearly all black with white muzzle and ears. The tail is nearly the length of the head and torso. The gray squirrel (Sciurus carolinensis) can be similar in appearance but is smaller. Habitats and Behavior The Big Cypress fox squirrel lives and breeds in varied habitats in Southwest Florida including cypress swamps, pine flatwoods, tropical hardwood forests, live oak woods, mangrove forests, and suburban habitats, including golf courses, city parks, and residential areas in native vegetation (Humphrey 1992). Little data is available on the preferred forage habitat of the Big Cypress fox squirrel. Big Cypress fox squirrels apparently prefer to feed on the male and female cones of slash pine. A smaller percent of their diet may consist of seasonal fruits, berries, and seeds (Humphrey 1992). Big Cypress fox squirrels often form platform nests in pines and hardwoods; and moss and stick nests in cypress, tops of cabbage palms, and large clumps of bromeliads (Tillandsia spp.). Cabbage palms and bromeliads are especially important because they can provide immediate shelter, which allows the squirrel to range over large areas without requiring a daily return to a permanent nesting facility (Humphrey 1992). Big Cypress fox squirrels are solitary animals. Interaction between animals occurs primarily during mating season. Mating chases occur frequently throughout the months of May through August. During thc non-mating season, interactions are infrequent and often occur around food sources (Humphrey 1992). Protection The Big Cypress fox squirrel is listed as threatened by the Florida Fish and Wildlife Conservation Commission (FWCC). It is not a federally listed species. It is unlawful for anyone to injure, harm, harass, or kill this species. E18-5 Pre-Construction Surveys A qualified ecologist will be on-site to supervise Big Cypress fox squirrel management and monitoring activities as detailed in this plan. Prior to commencement of construction activities, the preserve area will be staked in the field and clearly identified with orange landscape fencing or equivalent barrier. The fencing will be inspected by South Florida Water Management District (SFWMD) staff prior to clearing activities. The operation and storage of construction equipment and the stockpiling of fill and construction material will be prohibited within the fenced preserve area. The fencing identifying the limits of the preserve will be maintained for the duration of construction activities. Prior to commencement of clearing activities, a survey will be conducted in the areas to be cleared to identify potential Big Cypress fox squirrel nests. If potential nests are identified within the clearing limits, observations will be conducted for five consecutive days to determine if the nests are being utilized by Big Cypress fox squirrels. Results of the survey will be submitted with the vegetation removal permit application and will be verified by Collier County Environmental Sciences staff as part of the vegetation removal permit review process. No clearing will be conducted within 125 feet of an active Big Cypress fox squirrel nest tree. After completion of nesting and observations document that juvenile squirrels have left the nest, a written request to remove the nest shall be made to the FWCC. After receipt of the written authorization from the FWCC, the nest tree and buffer can then be cleared. Public Education A program will be established to educate homeowners, business owners, and construction! maintenance personnel about Big Cypress fox squirrels. This program will include printed material and educational signage. Information on the printed material will include: · A picture and description of the Big Cypress fox squirrel and its protected status; Notes regarding the life history and ecology of the Big Cypress fox squirrel; · Information regarding the interaction of the public with Big Cypress fox squirrels, such as the potential negative effects of feeding Big Cypress fox squirrels; and · A map showing the location of the upland and wetland preserves with a discussion of the protected status of these areas. A copy of the printed educational material shall be provided to the FWCC for review and approval prior to distribution to the homeowner's association. E18-6 FLORIDA BLACK BEAR The Project is located within FWCC range for the Florida black bear. The Project wilI utilize FWCC black bear management guidance to deter black bears from frequenting the development. Proactive deterrents of potential negative human-bear interactions may be implemented which could include the use of bear resistant garbage containers and the provision of FWCC informational pamphlets ("Living in Bear Country") to homeowners, business owners, and construction/maintenance personnel providing background information on identification, habits, and protection of the Florida black bear. The pamphlet states that if there is a problem with a persistent nuisance Florida black bear they will need to contact the FWCC. FLORIDA PANTHER The Project is located within USFWS focus area for the Florida panther. Proactive deterrents of potential negative human-panther interactions may be implemented including the provision of FWCC informational pamphlets ("A Guide to Living with Florida Panthers") to homeowners, business owners, and construction/maintenance personnel providing background information on identification, habits, and protection ofthe Florida panther. The pamphlet states that if there is a problem with a persistent nuisance Florida panther they should contact the FWCC. PRESERVE SIGNAGE Signage shall be placed around preserve areas to identify and protect the preserves during construction. The signs shall be no closer than ten feet from residential property lines and limited to a maximum height of four feet and a maximum size of two square feet. Maximum sign spacing shall be 300 feet. Signs identifying the preserve as a "nature preserve area" wilI be installed along the interface of the development and preserve. The signage should include language stating "no clearing or dumping allowed." TRASH AND DEBRIS REMOVAL The preserve and undisturbed upland areas shall be maintained in their natural state and must be kept free of refuse and debris. E18-7 REFERENCES Humphrey, Stephen R. et al. 1992. Rare and Endangered Biota of Florida; Volume I. Mammals. University Press of Florida, Gainesville, FL. 392 pages. Moler, Paul E. 1992. Rare and Endangered Biota of Florida. Volume III. Amphibians and Reptiles. University Press of Florida, Gainesville, Florida. E18-8 EXHIBIT 19 USFWS COMMENT LETTER FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 133920" Slreet Vero Beach, Florida 32960 June 19, 2007 I United States Department of the Interior David S. Hobbie U.S. Army Corps of Engineers 1520 Royal Palm Square Boulevard, Suite 310 Fort Myers, Florida 33919 Attention: Robert Tewis Service Federal Activity Code: 41420-2006-FA-0023 Service Consultation Code: 41420-2006-F-0018 Corps Application No.: SAJ-1999-4926 Date Received: August 11,2006 Applicant: Sembler Family Paltnership #42, LTD Project: Commercial development County: Collier Dear Mr. Hobbie: The Fish and Wildlife Service (Service) has reviewed the U.S. Nl11Y Corps of Engineers' (Corps) letter to the Service dated August 10, 2006, and attachments, including a Biological Assessment prepared by Passarella and Associates, Incorporated (PAl), dated June 2006. Our comments are provided under the provisions of section 7 of the Endangered Species Act of 1973, as amended (87 Stat. 884;16 U.S.C. 1531 et seq.) and the provisions of the Fish and Wildlife Coordination Act of 1958, as amended (48 Stat. 401; 16 U.S.c. 661 el seq.). PROJECT DESCRIPTION The Public Notice for development of this parcel was issued on May 1,2002, for John B. and Dora A. McMullen as the applicant. The project was known as Hammock Park Commerce Center. The property has since been purchased by Sembler Family Partnership #42, LTD. The 38. I 7-acre project site is comprised of 30.2 acres of jurisdictional wetlands, 7.7 acres of uplands, and 0.3 acre of other surface waters. The wetland cover types include 13.3 acres ofmelaleuca (Melaleuca quinquenervia), 6.8 acres of hydric South Florida slash pine fIatwoods (Pinus elliottii var. densa), 9.4 acres of cypress (Taxodium dislichum) and pine, 3.4 acres of scrub and palmetto (Serenoa repells), 1.9 acres of cypress, 1.5 acres of cabbage palm (Sabal palmetto), 0.9 acre of wet prairie, a O.4-acre willow (Salix spp.) pond, and 0.3 acre of ditches. The upland cover types include 0.2 acre of Florida Power and Light utility road, and a O.I-acre berm. Initially, fill and excavation was proposed in 28.75 acres of wetlands. There has since been a reduction in wetland impacts from 28.75 acres to 25.97 acres. Proposed compensatory mitigation consists of preservation and enhancement of5.49 acres of wetlands on site and the purchase of I 1.07 credits from Big Cypress Mitigation Bank (BCMB). TAKE PRIDE"~ INAMERICA~ David S. Hobbie Page 2 The proposed project is bounded on the north by undeveloped land, on the east by Florida Sports Park, on the south by undeveloped land, and on the west by the Henderson Creek Canal and County Road 951 (Collier Boulevard). The site is located in Section 14, Township 50 South, Range 26 East, Collier County, Florida. It is immediately adjacent to another development proposal known as Toll Rattlesnake, Corps application number SAJ-2003-11158. THREATENED AND ENDANGERED SPECIES Eastern indigo snake In their letter of August 10,2006, the Corps detemlined that this project "may affect, but is not likely to adversely affect" the threatened eastern indigo snake (Drymarchon cora is couperi). As any permit issued will be conditioned such that the applicant will adhere to the Service's draft Standard Protection Measures for the Eastern Indigo Snake (Service 2002) during project activities, the Service concurs with this detemlination. Wood stork In their Public Notice dated May 1, 2002, the Corps detemlined this project "may affect, but is nollikely to adversely affect" the endangered wood stork (Mycteria americana). In our letter of November 13, 2002, the Service did not concur and requested information pel1aining to onsite wetland hydroperiods and compensation for impacted wetlands consistent with our June 2002 Standard Local Operating Procedures for Endangered Species (SLOPES) for the wood stork. PAl's Biological Assessment and letter to the Corps dated June 7,2006, provided infomlation on site hydrology, and other infonnation pertinent to wood stork utilization, tlu'ough both a wetland functional assessment and a wood stork foraging habitat assessment. Subsequently, the Corps reiterated their detelmination in their letter of August 10,2006. Site utilization by wood storks is presently affected by the density of canopy and mid-story/groundcover on the 25.97 acres of wetlands to be impacted. Onsite exotic removal in the 5.49 acres of compensatory wetlands (melaleuca 75-100 percent) should significantly improve accessibility for wood storks. The purchase of 1 1 .07 credits in BCMB translates to about 14.9 acres of wetland restoration in this banlc. Restoration in BCMB consists of a strong element of hydrologic improvement, particularly in the conversion of citrus grove to wetlands. Considering the condition of onsite wetlands to be impacted with the improvements in wood stork foraging potential as a result of proposed onsite and offsite compensation, the Service concurs with the Corps detemlination. Red-cockaded woodpecker In their Public Notice, the Corps detemlined that this project "may affect, but is not likely to adversely affect" the endangered red-cockaded woodpecker (RCW) (Picoides borealis). In our response, due to the presence of slash pine habitat and proximity to Picayune Strand State Forest, the Service requested a cavity tree survey, foraging surveys, and a plan to compensate for impacted pine habitat that is consistent with tbe Service's 2002 SLOPES for the RCW. David S. Hobbie Page 3 The project sile comprises 32.62 acres afforested habitat supporting slash pines mixed with cypress and cabbage palm, with varying infestations of me]aleuca in excess of 75 percent of cover. Turrell and Associates, Incorporated, perfonned listed species surveys during ]0 days in July 1999. PAl performed cavity tree and foraging surveys during the non-nesting season (2003) and nesting season (2004) in accordance with the Service's RCW-specific SLOPES. No evidence of cavity trees or RCW activity was observed during surveys. Subsequently, the Corps reiterated their determination in their letter of August 10. 2006. There appear to be three historic colonies within I mile ofthe project site, west ofCR 951. Two of these were characterized as "inactive" by the Florida Game and Fresh Water Fish Commission (FWC) in 1990. There are active colonies located severa] miles to the east in Picayune Strand State Forest. Survey results and site characteristics which are not conducive to RCW nesting or foraging lead the Service to believe this project will not impact the RCW or its habitat. Therefore, the Service concurs with the Corps' determination. Florida panther In their Public Notice, the Corps detennined this project "may affect, but is not likely to adversely affect" the endangered Florida panther (Puma concolor coryi). In our response, we provided documentation of panther activity in the area according to our database and requested a panther-specific biological assessment to complete our analysis of potential project effects on the panther. PAl's June 2006 Biological Assessment provided substantial analysis; however, we are still in need of additional information to complete our evaluation ofproject effects on the panther. The Corps reiterated their detennination in their letter of August 10, 2006. The Service cannot concur with the COIl'S' effect detelmination, as the project is the panther Primary Zone as established by Kautz et a!. (2006) and is in close proximity to significant telemetry and vehicular collision documentation. The Service recommends the Corps revise their detennination such that the project "may affect" the Florida panther. In order to effectively ascel1ain the effect of this project on the panther aild in order for the Service to initiate fonnal consultation in accordance with 50 CFR 402. I 4, we request the following additional information: Proiect Effects and Proiect Conservation Measures: I. An estimate of the increase in traffic, on specific roadways in the vicinity of the project that will result (a) during project construction and (b) at full project occupancy. Please provide a description of the evaluation and methodology used to provide the estimates. These estimates should include: a. Existing average trips per day, averaged over a week for the existing travel routes to and fi-om the project, with emphasis on those roads in the Service's Panther Focus Area (see attached map); b. The projected increase in average trips per day caused by the project, averaged over a week for the existing travel routes to and from the project area, with emphasis on those roads in the Panther Focus Area; David S. Hobbie Page 4 c. The projected increase expected from non-project-related traffic increases in average trips per day, averaged over a week for the existing travel routes in the project area, with emphasis to those roads in the Panther Focus Area; and d. A flgure illustrating the projected change in percent distribution of two-way project traffic on the affected roads resulting from project buildout. Specific roadways should include CR 951, U.S. 41, and 1-75. There have been three vehicular collisions involving panthers documented along CR 951 in the vicinity ofthe proposed project. Within 5 miles of the property, there have been 2 collisions on U.S. 41 Gust east of CR 951 intersection) and 2 collisions on 1-75. 2. A table showing calculations of panther habitat units (PHU) for both the project site and any proposed compensation site(s). Please provide an accompanying analysis of conservation measures to be included in the project design that will minimize the adverse effects of the proposed project to Florida panthers and impacts to Florida panther foraging habitat. These may include, but are not limited to, offsite preservation and enhancement of panther habitat. Include location as well as acreages and percent exotics in each habitat type in any offsite compensation plan under consideration. To evaluate project effects to the Flqrida panther, the Service considers the contributions project lands provide to the Florida panther, recognizing not all habitats provide the same functional value. Kautz et al. (2006) also recognized not all habitats provide the same habitat value to the Florida panther and developed cost surface values for various habitat types, based on use by and presence in home ranges of panthers. The FWC (FWC 2006b), using a similar concept, assigned likely use values of habitats to dispersing panthers. The FWC'shabitats were assigned habitat suitability rank between 0 and 10, with higher values indicating higher likely use by dispersing panthers. The Service chose to evaluate project effects to the Florida panther through a similar process. We incorporated many of the same habitat types referenced in Kautz et al. (2006) and FWC (2006b) with several adjustments to the assigned habitat use values reflecting consolidation of similar types of habitats and the inclusion of Everglades Restoration water treatment and retention areas. We use these values as the basis for habitat evaluations and the recommended compensation values to minimize project effects to the Florida panther. The project site habitats should be assigned the appropriate habitat suitability value and then multiplied by the acreage of that habitat type, resulting in a number representing PHUs.Since many habitat types in south Florida are infested with exotic plant species, which affects the functional value a habitat type provides to foraging wildlife species (i.e., primarily deer and hog), we believe the presence of these species needs to be considered in the habitat assessment methodology. Therefore, we include a habitat type and functional value for exotic species. This category includes not only the total acres of pure exotic species habitats present but also the percent-value acreages of the exotic species present in other habitat types. PHUs are sununed for a site total, which is used as a measurement of the functional value the habitat provides to the Florida panthers. This process is also followed for any habitat compensation site(s). David S. Hobbie Page 5 The location ofa project in the landscape of the core area of the Florida panther is also important. Lands in the Primary and Dispersal Zones are of the most importance in a landscape context to the Florida panther, with lands in the Secondary Zone of less importance, and lands in the "other zone" of lower importance. Other Proiects Within a 25-mile Radius (Action Area) ofthe Proiect Site: Using data provided in the Biological Assessment, provide a separate table showing a comprehensive action area list of those projects having less than 5 percent wetlands.onsite and total the acreage. This estimate will be a component of the acreagHhat could be expected to be developed within the action area without Federal pemlit involvement through Corps penuitting pursuant to the Clean Water Act. Digital Data: Please provide all graphics in the Biological Assessment in JPEG format for 8 1/2 by I 1 inch paper. Use the Service's Panther FOCllS Area in lieu of the previous Consultation Area when appropriate. Also, please provide a digital GIS polygon coverage, layer, or shapefile, including projection infonnation, of the project site and proposed compensation site. FISH AND WILDLIFE RESOURCES Wetlands in southwest Florida are ecologically important areas capable of supporting a myriad offish and wildlife. They can provide nesting, resting, and feeding sites for a variety Qfwading and migratory bird species. Many species of reptiles and amphibians use wetlands during certain stages of their life cycle or throughout their entire lives. Wetlands onsite are considered by the Service to be valuable in tenus of pollutant filtration, and groundwater recharge. As headwater wetlands for Rookery Bay;the receiving waterbody, project area wetlands provide water quality benefits and attenuate freshwater delivery to the estuary. TIle applicant proposes to fill and excavate 28.54 acres of wetlands. These wetlands are dominated by melaleuca. As compensatory mitigation for wetland impacts, the applicant proposes to preserve and eradicate exotic and nuisance vegetation on 5.49 acres of onsite wetlands, with subsequent planting of native species; and purchase I ] .07 credits from BCMB. A wetland nmctional assessment was provided by PAL Assessment results show a pre-project site score of ]2.59 and a post-project site score oD.32, translating into a 9.27 debit. Functionally speaking, this debit will be adequately addressed by onsite and offsite mitigation. We also believe reasonable assurance should be provided so this project will not reduce natural flows through the watershed and to the Rookery Bay National Estuarine Research Reserve or negatively affect water quality in Rookery Bay. It should be noted that, in accordance with the Clean Water Act section 404(b)(1) Guidelines and the Service's Mitigation Policy, the applicant must demonstrate that wetland impacts on site have been avoided and minimized to the extent practicable, prior to final agency consideration of compensatory mitigation. David S. Hobbie Page 6 Thank you for your cooperation and effort in protecting the natural resources of southwest Florida. If you have any questions, please contact Brad Rieck at 772-562-3909, extension 23 I. Sincerely yours, 4J2h))'iJ~ Paul Souza Field Supervisor South Florida Ecological Services Office Enclosure cc: w/enclosure FWC, Vero Beach, Florida (Joe Walsh) EPA, West Palm Beach, Florida (Veronica Fasselt) District, West Palm Beach, Florida (Anita Bain) LITERATURE CITED Kautz, R., R. Kawula, T. Hoctor, J. Comiskey, D. Jansen, D. Jennings, J. Kasbohm, F. Mazzotti, R. McBride, L. Richardson, and K. Root. 2006. How Much Is Enough? Landscape-scale Conservation for the Florida Panther. Biological Conservation. U.S. Fish and Wildlife Service (Service). 2002. Draft Standard Protection Measures for the Eastern Indigo Snake. South Florida Ecological Services Office; Vero Beach, Florida. ~ Panther Focus Area tz=J Primary Zone o Secondary Zone ~ Dispersal Zone IIJIIll Primary Dispersal! Expansion Area ,- - - -; Original Panther Consultation Area ,_ - - I South of the Cl!Iloosahatchee River o SFESO ServIce Area _ Dispersal Pathways (Thatcher 2006) 31 OJ 4l N ro~lomd~' A '" \....---,.....~ ..., :D .. ro EXHIBIT 20 PHASE I ENVIRONMENTAL SITE ASSESSMENT BY ARDAMAN & ASSOCIATES, INC. PHASE I ENVIRONMENTAL SITE ASSESSMENT HAMMOCK PARK COMMERCE CENTER! MCMULLEN PROPERTY 8536 COLLIER BOULEVARD NAPLES, COLLIER COUNTY, FLORIDA ....At. .. I ,. Ardaman & Associates, Inc. OFFlCES Orlando, 8000 S. Orange Avenue, Orlando, Flonda 32809, Phone (407)855-3860 Bartow, 1525 Centennial Ori"" Barlow. Florida 33830, PMnn (B6:l) 533.0858 Cocon, 1300 N. Cocoa 8MI, Cocoa, Flonda 32922. f'hone (321) 632-2!i03 Fort Myers, 9970 8avaria nond. Fori Myers, Florida :33913. f'hor,e (239) II,S-GOOO Miami, 2608 W. 041h Street, Hialeah, Florida 33m6, Phone (305) 825-2683 1'ort Charlotte, 740 Tarniami Trail. Unrt 3, Pori Charlotte. Florida 33[64, Phone (941) 624<3393 Port 51. Lucie, 460 Concourse Place NW. Unil 1. Pori St Lucie, Florida :34986. Phone (772) 878-0072 Sar~sota, 2500 Bee Ridge Road. Saraso!i":l, r.:lorida 3-1~!~i9, Phone (H41) 922<lS2G Tallahassect 317~j WeSl Tharpe Street, Tallahassee, Florida ~~2.303, Phone (850) 576-6131 Tampa, 3925 Coconut Palm Drive. Suite 115. Tornpa, iC/orida 33618, Phone (B13) 620-3389 West Palm Beuch, 2200 North Florida Mango HORrl, Suite 101, Wer-.l Palm Beach, Florid,,, 3:M09. Phone (:::>61) 687-8200 MEMBERS: ^_!>.FF.: ,\me;U:l1n CQJocrele Jfl:"f1\J~9 AmNi(':at1 5(lChlly I.,.. rliSlif'lg Mid Malnr~s Flort/Ja In:;(illJll~ \11 CI)/l:;l!'ll~1 Enr.ifloCl(~ Ardaman & Associates, Inc. Geotechnical, Environ"lenlal .IM I\'\,llorials C(,lnSult;;{lit~; PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT FOR HAMMOCK PARK COMMERCE CENTERl MCMULLEN PROPERTY 8536 COLLIER BOULEVARD NAPLES, COLLIER COUNTY, FLORIDA PREPARED FOR THE SEMBLER COMPANY 7601 NORTH FEDERAL HIGHWAY, SUITE 215-8 BOCA RATON, FLORIDA 33487 ATTN: MR. MIKE TROXELL PREPARED BY ARDAMAN & ASSOCIATES, INC. 9970 BAVARIA ROAD FORT MYERS, FLORIDA 33913 FILE NO. 07-4711 FEBRUARY 8, 2007 '}9i~ 6~..r::lNi fiO,vt For: M,.{;r:;;. r:tor;'JIl J1~"l3 P!\fJ:"f) (2.1~!) 70€-66(IO FAY. ~2J9l 78?-040~ QW~$ i!'l: ei"tll0'~ CG<";().(I. fml f)y(}~_ Mial'r.( 0;1,,"(10. Port GIl."llolle. P,m SI. lutlS, S,::ua::><;Iln.1allilh..SSCl4 T&m.i8. W. Palt\"l e~i1ct; TABLE OF CONTENTS SECTION PAGE NO. ... 1 ....3 ..... 7 ..........9 ..............11 ....17 .....19 .21 .. .24 10.0GATA GAPS.... ...25 11.0 FINDINGS .... .......26 12.0 OPINJQNS... ..... 27 13.0 CO~CLUSJQJill ...............28 14.0 RECOMMENDAILQNS.. ....... ..29 15.0 BSFE~i'!CES ...... ....30 16.0 SIGNATURES OF ENVIRONMENTAL PROFESSIONALS.. . ...... ... . ....... .. . . . . ....31 17.0 ill!!,-L1FICAT1QN1LQF ENVIRO/'ifl,1f;NTAL PROFESSIONALS PARTICIPATING IN ESA. ......32 18.0 fIGUR_~.... 33 19,0 IAB[.ES.. ...........34 20.0 APPENDICES .....35 ~ 'f~ t\l\ialllOlli I:. ASSOClfJ!BS. II~!: ~ Ardaman File No. 07-4711 The Sembler Company February 8. 2007 1.0 EXECUTIVE SUMMARY THIS EXECUTIVE SUMMARY DOES NOT FULLY SUMMARIZE FINDINGS AND OPINIONS. Findings and opinions are related through the full report only. Ardaman & Associates, Inc. has performed a Phase I ESA of the approximately 40-acre subject site located at 8536 Collier Boulevard in Naples, Collier County. Florida. We have performed a Phase I Environmental Assessment in conformance with the scope and limitations of ASTM Practice E 1527-05 for The Sembler Company. Any exceptions to, or deletions from this practice are presented in Section 2.3 of this report. This assessment has revealed no evidence of recognized environmental conditions. in connection with the property. The Environmental Interviews and Questionnaire forms did not reveal any recognized environmental conditions on or adjoining the subject property. A chain-of-title search for the subject property was not provided nor was one performed as part of this environmental assessment. There was no knowledge provided regarding Environmental Liens or "Activity or Use Limitations" (AULs) such as engineering controls, land use restrictions or institutional controls that are in place at the site and/or have been filed or recorded in a registry under federal, tribal, state or local law. The Polk City Directories did not identify any historical uses that were likely to indicate recognized environmental conditions in connection with the subject site or adjoining property. Based on our review of historical aerial photographs. the subject property appears to have been undeveloped, densely wooded land from 1944 to 2006 with the exception of a power line easement developed in the 1985. The subject property and surrounding area appears to be mainly undeveloped. No significant sources of recognized environmental conditions were observed. Information obtained from the FirstSearch â„¢ report and/or regulatory agencies' file and websile reviews did not reveal any facilities or sources of hazardous substances and petroleum products that indicate potential recognized environmental conditions for the subject property. Ardaman File No. 07.4711 The Sembler Company February 8. 2007 During the site visit and area drive-by, no sources of hazardous substances and petroleum products were identified that were a potential source for recognized environmental conditions Solid waste debris, consisting of old tires, white goods and food containers, was observed on the subject site along the access road to the sports park and along the power line. All solid waste should be disposed of properly. No data gaps were acknowledged that would significantly affect the ability of the Environmental Professional to identify recognized environmental conditions. Ardaman File No. 07-4711 The Sembler Company February 8. 2007 2.0 INTRODUCTION 2.1 PURPOSE Ardaman & Associates, Inc. has completed a Phase I Environmental Site Assessment (ESA) of the approximately 40-acre subject site located at 8536 Collier Boulevard in Naples, Collier County, Florida. The purpose of this assessment was to determine if there were recognized environmental conditions associated with this site. To achieve this objective, the scope of services included limited research, a review of specific listings, interviews, and a site reconnaissance in accordance with the American Society for Testing and Materials (ASTM) Standard E 1527-05 "Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process". This practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability. 2.2 LIMITATIONS AND EXCEPTIONS This Phase I ESA was performed in accordance with ASTM Standard E 1527-05 "Standard Practice for Environmental Site Assessments; Phase I Environmental Site Assessment Process" and the scope of work defined therein. Our assessment did not address the following items: testing for the presence of PCBs in transformers occup~~ng the site, testing of asbestos containing materials or radon gas on the subject property or within the on-site structures; the presence of lead paint or lead in the drinking water or soils; cultural and historic resources; potential for contamination due to air emissions; the potential for contamination under paved areas or buildings; industrial hygiene concerns such as the potential for the presence of viruses and bacteria resulting in the "sick building" syndrome; ecological resources, endangered species, high voltage power lines, the existence and environmental condition of wetlands within the property, with the exception of the presence of hazardous substances or petroleum products in those areas; and the existence of any protected or endangered species within the property, The findings and opinions conveyed via this ESA report are based on information obtained from a variety of sources enumerated herein, and which Ardaman & Associates, Inc. believes are reliable. Nonetheless, ARDAMAN & ASSOCIATES, INC. Ardaman File No. 07-4711 The Sembler Company February 8. 2007 CANNOT AND DOES NOT GUARANTEE THE AUTHENTICITY OR RELIABILITY OF THE INFORMATION IT HAS RELIED UPON. This report is not a comprehensive site characterization and should not be construed as such. The opinions presented in this report are based on findings derived from a site reconnaissance, interviews, and limited research including a review of specified regulatory records. Ardaman & Associates, Inc. has not found indicators that suggest that hazardous materials or petroleum products exist at the site at levels likely to warrant mitigation. NOT FINDING SUCH INDICATORS DOES NOT MEAN THAT HAZARDOUS MATERIALS OR PETROLEUM PRODUCTS DO NOT EXIST AT THE SITE. Phase I ESAs, by their very nature, are limited. Ardaman & Associates. Inc. has endeavored to meet what it believes is the applicable standard of care and, in so doing, is obliged to advise THE CLIENT of Phase I ESA limitations and data gaps. In the event that data gaps are identified, the environmental professional will endeavor to comment on the significance of those data gaps. However the environmental professional cannot, and does not warrant or guarantee that no significant events, releases, or conditions arose, during periOds such as data gaps. Ardaman & Associates, Inc. believes that providing information about limitations is essential to help THE CLIENT identify and thereby manage its risks. These risks can be mitigated - but they cannot be eliminated - through additional research Ardaman & Associates, Inc. will on request advise THE CLIENT of the additional research opportunities available, their impact on risk, and their cost. 2.3 SPECIAL TERMS AND CONDiTIONS THE CLIENT requested that Ardaman & Associates. Inc. perform this Phase' ESA to identify recognized environmental conditions, defined as the presence or likely presence of any hazardous substances or petroleum products on the subject property under conditions that indicate an existing release, a past release. or a material threat of a release of any hazardous substances or petroleum product into structures on the property or into the ground, groundwater, or surface water of the subject property. Ardarnan Fila No 07-4711 The Semhler Company Fehruary 8. 2007 2.4 USER RELIANCE This report is an instrument of service of Ardaman & Associates, Inc. The report presents the results of a Phase I Environmental Site Assessment (ESA) of the subject site, performed for The Sembler Company ("THE CLIENT"), during the period of January 26,2007 through February 8,2007. Ardaman File No. 07-4711 Th e Sembler Company Februar; 8, 2007 6 2.5 SCOPE OF SERVICES The scope of our services has included the following items: 1. Reviewed the u.s. Geological Survey (USGS) Topographic Map of July 1, 1991 for 6 km E of Naples, Collier County, Florida published by the USGSfMicrosoft TerraServer Internet web page, and the Soil Survey of Collier County Florida published by the U.S. Department of Agriculture (USDA), Soil Conservation Service, on which the subject site and surrounding properties are presented. 2. Issued for completion a User Questionnaire for the procurer of the Phase I ESA and an Environmental Questionnaire and Disclosure Statement for the site owner or representative. Conducted interviews with Site Manager(s) andlor Occupant(s) as available. 3. Reviewed past aerial photographs, Polk City Directories, and Sanborn Maps of the subject site and the surrounding area to try to identify potential point sources of contamination on or in the immediate vicinity of the subject site. 4. Contacted local, county, regional, state, and federal enforcement and regulatory agencies to identify registered hazardous materials generators, storage facilities, complaints, or enforcement actions within a Y,-mile radius. 5. Performed a site reconnaissance on February 6. 2007 and photo documentation of the property for evidence of toxic or hazardous materials use, disposal, spills, or storage on-site and adjacent to the site. 6. Performed a drive-by of the area within a Y,-mile radius of the site to identify any potential sources of contamination 7. Prepared this report to document the results of our data gathering and analyses, and to present our environmental conclusions and recommendations. Ardaman File No. 07-4711 The Sembler Company February 8. 2007 3.0 SITE DESCRIPTION The site characteristics and descriptions of the subject site and surrounding properties presented herein reflect the conditions that were observed at the time of our site visit. 3. 1 LOCATION ANO LEGAL DESCRIPTION Hle subject property is located at 8536 Collier Boulevard, Naples, Florida. It is in the southwest one-quarter (SW 1/4) of Section 14. Township 50 South, Range 26 East, Collier County, Florida. According to the Collier County Property Appraiser's office, the parcels are identified by Folio Numbers 00416720000, 00417760001 and 00416760002. The property cards with associated legal description are presented as Appendix I of this report 3.2 SITE AND VICINITY GENERAL CHARACTERISTICS The site is superimposed on the July 1, 1991 USGS Topographic Map of 6 km east of Naples. Collier County, Florida (published by the USGS/Microsoft TerraServer Internet web page) in Figure 1. Site elevation is approximately 10 feet above mean sea level. No symbols indicating the presence of pits, mining activities, or landfill activities are illustrated on the subject site or surrounding land on the USGS quadrangle map. The subject site is presently 40-acres of densely vegetated vacant land located in a predominantly undeveloped area. The subject property is bounded by vacant land to the north and to the east. by The Florida Sports Park access road to the south and by Collier Boulevard to the west. The sile is accessed by the Florida Sports Park access road to the south and the Florida Power and Light power Ijne easement running north to south through the center of the subject site. A Site Location Map is presented as Figure 2. The adjoining properties are depicted in Figure 3. 3.3 CURRENT USES OF THE PROPERTY As shown in Figure 3, the subject property is currently 40-acres of undeveloped, densely vegetated land. Ardaman File No. 07-4711 The Sembler Company February 8, 2007 3.4 DESCRIPTIONS OF STRUCTURES, ROADS, OTHER IMPROVEMENTS The current improvements on the property include the power line easement that runs north to south through the center of the subject site. Ardaman File No. 07-4711 The Sembler Company February 8, 2007 4_0 USER PROVIDED INFORMATION A User questionnaire, as required by ASTM E 1527-05, was sent to the Phase I ESA User, Mr. Mike Troxell of the Sembler Company. A copy of the questionnaire is included as Appendix II. The following information was provided: 4.1 TITLE RECORDS The User did not provide a chain-of-litle search for the subject property nor was one performed as part of this assessment. 4.2 ENVIRONMENTAL liENS OR ACTIVITY AND USE LIMITATIONS (AULs) A search for recorded environmental cleanup liens against the subject property that are filed under Federal, State, or local law is the responsibility of the User for compliance with "All Appropriate Inquires. rule (40 CFR Part 312), Unless requested by the User, this service is not imposed on the environmental professional under ASTM E1527-05. The User is not aware of any Environmental Liens or Activity or Use Limitations (AULs) such as engineering controls, land use restrictions or institutional controls that are in place at the site and/or have been filed or recorded in a registry under federal, tribal, state or local law. Ardaman reviewed the deed information for the property identified by Folio Numbers 00416720000,00417760001 and 00416760002 on the Collier County Clerk of Courts Official Records Public Web Search. No deed restrictions were found. 4.3 SPECIALIZED KNOWLEDGE The User did nol provide any information regarding specialized knowledge of the subject site. 4.4 COMMONLY KNOWN OR REASONA8L Y ASCERTAINABLE INFORMATION The User stated that the subject site has been vacant land. Ardaman Fife No. 07-4711 The Sembler Company February 8, 2007 10 4.5 V ALUATION REDUCTION FOR ENVIRONMENTAL ISSUES The user indicated that the purchase price of the subject site reasonably reflects the fair market value of the property. 4.6 OWNER, PROPERTY MANAGER, AND OCCUPANT INFORMATION The owner of the subject property is Sembler.Rattlesnake, LLC. 4.7 REASON FOR PERFORMING PHASE I ESA According to the User, the Phase I ESA was performed for an environmental impact statement for governmental approval and for the utilization in marketing property to tenants andlor parcel sales. 4.8 OTHER No additional infonnation was provided regarding the subject site. Ardaman File No 07.4711 The Sembler Company February 8, 2007 11 5.0 RECORDS REVIEW Ardaman & Associates, Inc. conducted a regulatory search from Environmental FirstSearchYM Report. Following review of the report's geocoded and non-geocoded sites, Ardaman & Associates, Inc contacted representatives or reviewed the records of the county, regional, state, and federal regulatory and enforcement agencies to determine whether any hazardous waste generators, contaminated sites, storage tanks. spilis. violations, complaints, or enforcement actions were present or had occurred within a Y,-mile radius of the subject property. Select federal regulatory agencies records encompass a 1-mile radius of the subject property, A copy of the Environmental FirstSearchâ„¢ Report database search is included in Appendix III. Generally, listed facilities that are greater than 1 ,000 feet from the subject property. and/or those that do not have confirmed contamination problems, will not likely impact the subject site. Specifrc listings of sites that have the potential to adversely impact the subject property are discussed below. It is the opinion of Ardaman & Associates, Inc. that any site identified in our search as listed in Appendix III, but not specifically addressed below, is not likely to adversely impact the subject property. 5.1 STANDARD ENVIRONMENTAL RECORD SOURCES Federal National Priority List /NPLl The National Priority List is a database of confirmed and proposed Superfund sites. No NPL sites were identified within a one-mile radius of the subject property_ Federal Oelisted NPLfu~.111i The Federal Deiisted NPL Site List is a Subset-Database of de listed Superfund Sites. No Delisted NPL sites were identified within a Y,-mile radius of the subject property. Ardaman File No. 07-4711 The Sembler Company February 8, 2007 12 Federal Comprehensive Environmental ResQ9nse Compensa~and Liabilitv Information SVl5tem (CERCU~ CERCUS is a database of current and potential Superfund sites currently or previously under investigation. . No CERCUS sites were identified within a V,-mile radius of the subject property. Federal CERCLlS NFRAP Site List A database of Archive designated CERCLA sites that, to the best of EPA's knowledge, assessment has been completed and has determined no further steps will be taken to list this site on the National Priorities list. . No CERCLlS NFRAP sites were identified within a V,-mile radius of the subject property, E~g~.mIBCRA CORRACTS F?9i1ities List A database of Resource Conservation and Recovery Act (RCRA) facilities with reported violations and subject to corrective action. . There are no RCRA CORRACTS facilities located within a 1-miie radius of the subject property. FecjJ'JJE18~RA "'lon-C<LRRACTS TSD Facilities 1.~ Database of facilities licensed to store, treat, and dispose of hazardous waste materials. . There are no RCRA non-CORRACTS TSO facilities locates within a V,-mile radius of the subject site. Federal RCRA Generators Lis) Database of facilities that generate Dr IranspDrt hazardous waste or meet other RCRA req uirements. Ardaman File No. 07.4711 The Sembler Company February 8. 2007 13 . There are no RCRA generators located on the subject site or adjoining properties. Federal Institutional ControllEnqineerinq Control ReQistries Database designed to assist EPA in collecting, tracking, and updating information, as well as reporting on the major activities and accomplishments of the various Brownfield grant programs. . There are no facilities listed with institutional/engineering controls for the subjGct site. Emerqency Response Notification System (ERNS) Database of emergency response actions. . There are no ERNS incidents listed for the subject site. Florida StatefTribai Sites - Florida Sites Li~ A database of identified facilities and/or locations that the Florida Department of Environmental Protection has recognized with potential or existing environmental contamination. It also includes Superfund Hazardous Waste Sites that correlates to the NPL list and includes active. delisted, and Federal sites. . There are no sites on the Florida Department of Environmental Protection (FDEP) NPL, State Siles list within one mile of the subject property. StatefTribal Solid Waste Facilities List (SWF) Solid Waste Facilities List - database concerned with the handling of waste and includes locations identified with solid waste landfilling or associated activities involving lhe handling of solid waste. . There are no solid waste facilities listed within a !i,.mile radius of the subject site, Ardaman File No. 07.4 711 The Sembler Company February 8, 2007 14 Stalerrribal Leakinq Underqroun~oraqe Tank~!Jst (LUST) Database of petroleum storage tank systems that have reported the possible release of contaminants. . There are no facilities listed as petroleum contaminated within V,-mlle of the property. Staterrribal Reqistered Storaqe Tanks List (UST/AST) Database of registered storage tank systems. . There are no storage tanks registered for the subject property. ~taterrrit?allnstitutionaIlEnqineerinQ Controls List Database of sites that have institutional controls and engineering controls. . There are no sites listed as having institutional or engineering controls located on the subject site. Staterrribal VoluntarvCleanup Sites A voluntary cleanup site database is not available in Florida StatelIl'i!:>.!!U!row[lfield Sites Brownfield Redevelopment Program Database - a database of reports generated from the Brownfield Access Database which tracks the number of designated Brownfield areas, executed Brownfield site rehabilHation agreements, state and federal programs funding, and local Brownfield coordinators' contact information. . There are no Brownfield Sites listed within a V,-mile radius of the subject sile. Ardaman File No. 07-4711 The Sembler Company February 8, 2007 15 Callie Dippinq Vats A database of vats that were filled with an arsenic solution for the control and eradication of the cattle fever tick Other pesticides such as DOT were also widely used. The list is dated for sites from 1910 through the 1950's. . No cattle dipping vats were listed within a 1/4-mile radius of the subject site. Stale Other DRYCLEANERS LIST-Database of dry cleaning facilities registered with the Department. . No dry cleaning facilities were listed within a Yz-mile radius of the subject site. Oil and Gas Wells Florida Geological Survey Oil and Gas Data and Maps. . There are no oil and gas wells listed for the Section. Township, and Range of the subject site. 5.2 ADDITIONAL ENVIRONMENTAL RECORD SOURCES Collier County Pollution Control Division Southwest Florida Regional Planning Council The Collier County Poliution Control Division (CCPCD) "Pollution Complaint" files were reviewed 10 note records of complaints or enforcement actions for the subject property or adjoining properties Results of the file review indicated no complaints of any regulatory or environmental concern for the subject site and adjoining properties. cepCD "Stationary Tank" files were also reviewed. These files contained no record of USTs existing on the subject site or adjoining properties. Ardaman File No 07 -4 711 The Sembler Company February 8, 2007 16 The Collier County Hazardous Waste Assessment report (dated July 1985), prepared by the Southwest Florida Regional Planning Council, was reviewed and contained no abandoned dump sites within a 1/2-mile radius of the subject property, Recoqnized Environmental Condition Information obtained from the Firstsearch â„¢ report and/or regulatory agencies and website reviews did not reveal any facilities or sources of contamination that have a high potential to harm the environmental condition of the subject property, Ardaman File No. 07-4711 The Sembler Company February 8, 2007 17 6.0 PHYSICAL SETTING SOURCES USGS Topoqraphic Map Based on review of the 6 km east of Naples, Florida, 7.5-minute USGS topographic map, July 1991, the subject site appears to be relatively flat with ground surface elevation of approximately 10 feet (NGVD). Based on our review of the USGS map, near-surface groundwater flow direction in the vicinity of the subject site is anticipated to be generally westerly towards the Gulf of Mexico. No symbols indicating the presence of pits, mining activities, or landfill activities are illustrated on the subject site or surrounding land on the USGS quadrangle map. Soils Map The USDA Natural Resources Conservation Service Soil Survey of Collier County, Florida (1984) identifies two main soil types in the area of the subject site: Pineda fine sand, limestone substratum (14), This is a nearly level, poorly drained soil on sloughs and poorly defined drainageways. Typicaliy, Ihe suriace layer is dark grayish brown fine sand about 4 inches thick. The subsurtace layer is very brownish gray fine sand to a deplh of 12 inches. The subsoil extends to a deptt, of 55 inches. The upper part is brownish yeliow and very pale brown fine sand, the next part is grayish brown sandy clay loam, and the iower part is light brownish gray and dark grayish brown fine sandy loam. Limestone bedrock is at a depth of 55 inches. Permeability of this soil is slow. In most years, under natural conditions, Ihe seasonal high water table is within a depth of 12 inches for 3 to 6 months during most years. During the other months, the water table is below a depth of 12 inches, and It recedes to a depth of more than 40 inches during extended dry periods. During periods of high rainfall, the soil is covered by a shailow layer of slowly moving waler for periods of about 7 to 30 days or more. !:!2llandale and Boca fine sands (4Jlj, These nearly level, poorly drained soils are in sloughs and poorly defined drainageways. Individuai areas are elongated and irregular in shape, and Ihey range from 20 to 600 acres in size. The slope is 0 to 2 percen\. Typicaily, Ihe Hailandale soil has a surface layer of very dark gray fine sand about 3 inches thick. The subsurtace layer is grayish brown fine sand to a depth of about g inches. The subsoil is yellowish brown line sand 10 a depth at about 12 inches. Limestone bedrock is at a depth of about 30 inches. Typically, L1le Boca soil has a surtace layer of very dark gray fine sand abollt 4 inches IhicK. The subsurtace iayer if tine sand to a depth of about 26 inches, The upper part of the subsllrtace layer Is lighl gray, and the lower part is brown. The subsoil is dark grayish brown fine sandy loam to a depth of about 3D inches. Umestone bedrock is at a deplh of aboul 30 inches. Ardaman File No. 07-4711 The Sembler Company February 8, 2007 18 The permeability in lhe Hallandale soil IS rapid. The permeability in the Boca soil is moderate. The available water capacity of both soils IS very low. Under nalural conditions, the seasonal high water table is within a depth of 12 Inches for 3 to 6 months during most years. During lhe other months, the water table is below a deplh of 12 inches, and it recedes to a depth of more than 40 inches during extended dry pariods. During periods of high rainfall, the soil is covered by shallow, slowly moving water for about 7 days. No indications of landfill activities were observed on the subject site or surrounding land on the USDA Soils map. Ardaman File No 07-4711 The Sembler Company February 8. 2007 19 7.0 HISTORICAL REVIEW 7.1 POLK CITY DIRECTORIES Past Uses of Subiect Property There were no listings in the Polk City Directories for the subject site. Past Uses of AdioininQ Property The Polk City Directories and the Hill-Donnelly Cross Reference did not reveal an adjoining property that is an obvious source of toxic or hazardous waste contamination that had a high potential to harm the environmental condition of the subject property. 7.2 SANBORN MAPS Sanborn Fire Insurance Maps were utilized to locate potential areas of environmental concern. as they often indicate dry cleaners, service stations or other facilities containing flammable materials. There were no Sanborn Maps available for review for the subject property. 7.3 AERIAL PHOTOGRAPHS Aerial photographs of the subject properly from 1940, 1952, 1963. 1981, 1985. 1989. 1993. 1996. 2002, 2003, 2004, 2005 and 2006 were examined at the Collier County Properly Appraiser's office and the property appraisers website (hltp://216.242.180.35l) and on the Publication of Archival library and Museum Materials Aerial Photography Florida web site (http://web.uflib.ufLedu/digital/collectionslFLAP/) to determine any obvious uses of the subject property during this time. Specifically, aerial photographs were reviewed to determine the existence of: . Gasoline Service Stations . Solid waste facilities . Mining operations . Agricultural operations 4 Other potential sources or features indicative of contamination Ardaman File No. 07.4711 The Sembler Company February 8, 2007 20 Selected aerial photographs are shown in Appendix IV. The following is a summary of the aerial photograph review: The earliest available photograph taken in 1940, as shown in Appendix IV, Figure IV-1, showed the subject site as undeveloped, natural land. The subject site remains the same in the 1953 aerial photograph By the 1963 aerial photograph Collier Boulevard has been developed to the west of the subject site. The subject site remains undeveloped, densely vegetated land through the 1940-1981 aerial photographs. The 1985 aerial photograph, as shown in Appendix IV-2, Figure IV-2, shows the Florida Power and Light power line easement has been developed in the center or the subject site running from north to south. Also shown in Appendix IV-2, Figure IV-2, the access road to the Florida Sports Park is observed south or the subject site in the 1989 aerial photograph The subject site remains unchanged through the remaining aerial photographs. In summary, the aerial photographs did not reveal any obvious sources of toxic or hazardous waste contamination on or adjoining the subject property that had a high potential to harm the environmental condition or the subject property. 7.4 Previous Environmental Reports Ardaman & Associates, Inc. performed a Phase I Environmental Site Assessment on a larger property including the subiect property dated September 27, 2004 (File No. 04- 4839) Ardaman File No. 07 -4 711 Th e Sembler Company February 8, 2007 21 8.0 SITE RECONNAISSANCE 8.1 METHODOLOGY AND LIMITING CONDITIONS The field observations of the subject site and adjacent properties were performed on February 6.2007. A physical walk-through of the site was conducted by an Ardaman & Associates, Inc representative to determine if on-site conditions indicated the potential for hazardous waste or petroleum contamination. Emphasis was placed on looking for indications of above ground and underground tanks, open or promiscuous dumping, and soil contamination (stained soil, stressed or dying vegetation, unusual odors, poor housekeeping practices, etc.). The property was found as shown in the site photographs in Appendix V. 8.2 GENERAL SITE SETTING The subject property consists of 40-acres of densely vegetated, undeveloped land. A Florida Power and Light power line easement runs north to south through the center of the subject site. During the site visit the easements were being cleared of vegetation on the west boundary and along the power line. The adjoining property to the north and east is vacant land. The adjoining property to the south of the Florida Sports Park access road is vacant land. The adjoining property to the west is of Collier Boulevard is The Naples Lakes Village Center with tenants of Publix supermarket. Silhouette Cleaners drop-off, pick-up site, Subway restaurant, Bamboo Wok restaurant, Blockbuster video rental, H&R Block tax services, Help U Sell Realty, Metro Nails, Great Clips Hair salon, Shipmates Pack and Send and Wachovia Bank. 8.3 EXTERIOR OBSERVATIONS DescJ:iQllon of Structures at the Site The subject site was vacant land; no structures were located on the subject site at the time of the site reconnaissance. Ardaman File No. 07-4711 The Sembler Company Februap/8,2007 22 Surface Drainaqe There was no engineered drainage observed on the subject site, Drainage swales were located on the west boundary along Collier Boulevard and in the center of the subject site along the power line. Public Utilities, Potable Water & Sewer Svsteffi2 The subject site was vacant land; municipal water and sewer are available in the subject site area. Underqround StQ@g!lTanks The walk through survey did not reveal any fill pipes or vent pipes that would indicate the presence of underground storage tanks on the subject site, No indications of any regulated underground tanks were observed on the subject site. Above Ground Storaqe Tanks No above ground storage tanks were observed on the subject site during the walk through survey. Solid Waste Disposal No indications of landfill activity or significant garbage dumping were observed during the site walk through survey, or from the information acquired from our review of the aerial photographs or regulatory agency databases. Solid waste debris, consisting of old tires, white goods and food containers, was observed on the subject site along the access road to the sports park and along the power line. All solid waste should be disposed of properly. Polv"-.ilLQL[llilJed Bi~~1;J~) Electrical power transformers and hydraulic equipment can be a potential environmental concern due to the possible presence of PCB-containing oils Ardaman File No. 07-4711 The Sembler Company February 8. 2007 23 No electrical transformers were observed on the subject property during the site reconnaissance. 8.4 Interior Observations Hazardous Substance Containers No hazardous substance containers, as defined by 40 CFR Subpart 261, were observed on site. No unidentified containers were observed on site. Biocides No indications of any pesticide or herbicide storage or mixing operations were observed on the subject site. 8.5 IDENTIFIED AREAS OF CONCERN There were no Areas of Concern identified during the site visit. Ardama" File No 07.4711 The Sembler Company February 8, 2007 24 9.0 INTERVIEWS 9.1 INTERVIEW WITH OWNER On February 5, 2007, an interview was conducted with Mike Troxell, Senior Project Manager for Sembler Family Partnership #42, L TD, who is the owner of the subject property for approximately 1.5 years Mr. Troxell indicates that a previous Phase I Environmental Site Assessment has been conducted on the subject site by Ardaman & Associates, Inc, Mr. Troxell indicated that there are no environmental permits of regulatory issues with the property. The subject site is 40-acres of undeveloped land. A copy of the questionnaire is included as Appendix VI. 9.2 INTERVIEW WITH SITE MANAGER The subject site was vacant land; no site manager was available for interview, 9.3 INTERVIEW WITH USER On February 5, 2007, an interview was conducted with Mr. Mike Troxell of the Sembler Company. Mr. Troxell indicated that there are no environmental liens or activity use limitations on the properly he is aware of and the subject site has always been vacant land. Mr. Troxell indicated that the purchase price is at fair market value. The Phase I ESA is being conducted for environmental impact statement for governmental approvals and for utilization in marketing property to tenants and/or parcel sales. A copy of the questionnaire is included as Appendix 11. 9.4 INTERVIEWS WITH LOCAL GOVERNMENT OFFICIALS (TO OBTAINS INFORMATION INDICATES RECOGNIZED ENVIRONMENTAL CONDITIONS WITH THE PROPERTY). No interviews were performed with local government officials. 9.5 INTERVIEWS WITH OTHERS (PAST OWNERS, OPERATORS. OCCUPANTS AND OTHERS) No others were interviewed. Ardaman File No. 07-4711 The Sembler Company February 8, 2007 25 10,0 DATA GAPS A data gap is defined as "a lack of or inability to obtain information required by the standards and practices listed in the regulation despite good faith efforts by the EP or prospective landowner to gather such infonnation". The following is a discussion of the data gaps, attempts to fill them, and their significance as to whether the gaps affect the overall findings_ Access to areas of the subject site was limited due to dense vegetation. This data gap is considered to be insignificant because the aerial photograph review shows the subject site as always undeveloped. Ardaman & Associates has determined that this data failure does not significanUy affect the ability to identify recognized environmental conditions. Ardaman File No. 07.4711 The Sembler Company February 8, 2007 26 11,0 FINDINGS The following are the Phase I Environmental Site Assessment findings: The Environmental Interviews and Questionnaire forms did not reveal any recognized environmental conditions on or adjoining the subject property. A chain-of-title search for the subject property was not provided nor was one performed as part of this environmental assessment. There was no knowledge provided regarding Environmental Liens or "Activity or Use limitations" (AULs) such as engineering controls, land use restrictions or institutional controls that are in place at the site and/or have been filed or recorded in a registry under federal, tribal. state or local law, The Polk City Directories did not identify any historical uses that were likely to indicate recognized environmental conditions in connection with the subject site or adjoining property Based on our review of historical aerial photographs, the subject property appears to have been undeveloped, densely wooded land from 1944 to 2006 with the exception of a power line easement developed in the 1985. The development of the subject property and surrounding area appears to be mainly undeveloped, No significant sources of recognized environmental conditions were observed. Information obtained from the FirstSearch TM report and/or regulatory agencies' file and website reviews did not reveal any facilities or sources of hazardous substances and petroleum products that indicate potential recognized environmental conditions for the subject property. During the site visit and area drive-by, no sources of hazardous substances and petroleum products were identified that were a potential source for recognized environmental conditions Solid waste debris, consisting of old tires, while goods and food containers, was observed on the subject site along the access road to the sports park and along the power line. All solid waste should be disposed of properly. No data gaps were aCKnowledged that would significantly affect the abilily of the Environmental Professional to identify recognized environmental conditions Ardaman File No. 07-4711 The Sembler Company February 8, 2007 27 12.0 OPINIONS It is of this erwironmental professional's opinion, based on the information gathered, in conclusion, no environmental conditions of concern exist and no further inquiry as to the environmental condition of the property is warranted. Ardaman File No. 07-4711 The Sembler Company February 8, 2007 28 13.0 CONCLUSIONS Ardaman & Associates, Inc. has performed a Phase I ESA of the approximately 40-acre subject site located at 8536 Collier Boulevard in Naples, Collier County, Florida. We have performed a Phase J Environmental Assessment in conformance with the scope and limitations of ASTM Practice E 1527-05 for The Sembler Company. Any exceptions to, or deletions from this practice are presented in Section 2,3 of this report This assessment has revealed no evidence of recognized environmental conditions, in connection with the property. Ardaman File No 07-4711 Tl1e Sembler Company February 8. 2007 29 14.0 RECOMMENDATIONS Ardaman & Associates. Inc. does not recommend additional inquiry into the environmental condition of the subject site at this time. Ardaman File No. 07-4711 The Sembler Company Februal)' B. 2007 15.0 REFERENCES 15.1 Published References Collier County Property Appraiser's historical aerial photographs, 1973-2002. Collier County Property Appraiser. Real Property Database February 2007. <http://www.collierappraiser.com> Collier County Property Appraiser. GIS mapping system. February 2007. <http:www.collierappraiser.com> Expedia map. 2001 Microsoft Corp, 2000 NavTech, GOT, Inc. and lor Compusearch, <http:www.expedia.com> Florida Department of Environmental Protection OCULUS websile. February 2007. <http://199.73.242,64/> Naples Polk City Directory, R.L. Polk & Co. Publishers 1952-1999. Sanborn Fire Insurance Maps. Southwest Florida Regional Planning Council. "Collier County Hazardous Waste Assessment" report, 1985 USDA Natural Resources Conservation Service Soil Survey of Collier County, Florida 1990, USDA Natural Resources Conservation Service (Collier County) historical aerial photographs. 1940-1962. Publication of Archival Library and Museum Materials Aerial Photography Florida. February 2007. <http://web.uflib,edu/digital/collections/FLAP/> USGS 7.5 Minute Quadrangle Series Topographic Map of 6 km east of Naples, Florida, July 1, 1991 pUblished by the USGS and the Microsoft T erraServer Internet web page on <t!!!QJlterra~erver-us<!.com> February 2007 30 Ardaman File No. 07.4711 The Sembler Company February 8, 2007 i 6.0 SIGNATURES OF ENVIRONMENTAL PROFESSIONALS Sara Leggett Environmental Scientist ~ Roxanne Gause. P.E, Senior Environmental Engineer Signature 31 Ardaman File No 07.4711 The Sembler Company February 8.2007 32 17.0 QUALIFICATIONS OF ENVIRONMENTAL P'3QEESSIONA~ Our representatives for this project were Sara Leggett, Environmental Scientist, and Roxanne Gause, P.E., Senior Environmental Engineer with Ardaman & Associates, Inc., Fort Myers, Florida Resumes for these individuals are presented as Appendix VII of this report. We declare that, to the best of our professional knowledge and belief, we meet the definition of Environmentat Professional as defined in 9312.10 of 40 CFR 312 and we have the specifiC qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. We have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312. Ardaman File No. 07-4711 The Sembler Company February 8, 2007 33 18,0 FIGURES 6 km E otEasl Naples. Florida. Unfted Stales 71111991 N (f~\ W.... -i~E '- / S FIGURE 1 USGS TOPOGRAPHIC MAP 1lII!lIiJ1fl ~ Ardarnan & AssoclatllS, Inc. GeoleChnlclJl, Environmental an Malerial. COt'l ants PHASE I ESA HAMMOCK PARK COMMERCE CENTER NAPLES, r:OLUER COUNTY, FLORIDA [It~ ~a""f~ "f,''''. liS. (o.'ulr'!:;u! R,~,.,. l[:'jn~l end Suitea Golf R&liIlri.+- .lVJa~oF Fore$'! Glen Golf Cours.e r----.-.-...-.m..-...-., , Subject Site I A L-~,r---J /, LI=~z{ E.CI'f!\'k (, .GoII ilI1d ~ . aJb I G~j) I -" ... '1,.;r.;....;.........~~ ~~~1M>_1"-"~'~ ~ _~~ ti',. N ~. w ...(t\~ E "_ .7 s FIGURE 2 SITE LOCA rlON MAP . ~ "~"'~ .7}~eigWeii# . ~ .~ .. ~ ~ ",*.- -+.. .~.. ._ ....oJ,i.,. ~ ..J..... _ = ~#.. ~.. -. .4!~ ~. ..... f.ij" :6YPtess -. -. ~_ "':"~ __ ~, ,.It..<,,, ~.. .' .....,:.0..._ ~-.. , ..-: . .~~~n~ _ -"'~ .:... - -<!y... .... .. -;.!-::--'~:' ,., JW,." .~ ..+ M~ ,_~:.. ~.. "......;;?f...... :': :;",.- ....~:..-. ..u.:-~ _ ..Ji!h. ....._~ .,..st;... ~.~ - ,. - +- ~ -~. ..4 +.. -~~~ ........ .::..;,!<,- - -+ ~+ ~ . -#'. filll'liJ'liD Ardllman & Assocfate!, fne. ~ Geotechnical. Environmental and Materials Gill sul!anlS SOURCE: EXPEOIA.COM WEBSIlE PHASE I ESA HAMMOCK PARK COMMERCE CENTER NAPLES. COLLIER COUNTY. FLORIDA Or\WJl\ 6!i: Sl RG DllI.l'I- 02107 -, N .. W....<t)H s FIGURE 3 SITE PLAN iilllW 111 ..J4. Ardaman &. AssocJate's, inc. Geotechnical, Envltonmental aM Mi!lle-rials Consulian SOURCE. cOtllER COUNTY PROPERTY APf'RAISEnS I(\o1;BSfTE 2006 PHASE' ESA HAMMOCK PARI< COMMERCE CEI'HER NAPLES. GOLLlER COUfHY. FlORIDA Ot..._f$y' SL tw,r.klUlfl,rJ;jG Daf"'- 02107 t,k: ~!ih -471 t ;';~~7~~~~Pci'~<=I, ;'[; ;gurr. t. 1 Ardaman File No. 07-4711 The Sembler Company February 8, 2007 34 19.0 TABLES ASTM STANDARD MINIMUM SEARCH DISTANCES (MSD) IAB~U AMERICAN SOCIETY OF TESTING AND MATERIALS (ASTM) E 1527-05 STANDARD PRACTICE FOR ENVIRONMENTAL SITE ASSESSMENTS: PHASE I ENVIRONMENTAL SITE ASSESSMENT PROCESS Standard Environmental Record Sources (where available) Federal NPL site list Federal Delisted NPL sile lisl Federal CERLlS list Federal CERLlS NFRAP site list Federal RCRA CORRACTS facililles list Federal RCRA non-CORRACTS TSO fac/lilies list Federal RCRA generators list Federal institutional control/engineering control registries Federal ERNS list Stale and lriballisls of ha,ardous waste siles identified for investigation or remedia[ion: State- and Iribal-equivalent NPL Stale- and tribal-equivalenl CERUS Stale and lriballandfill andlor solid waste disposal site lists State and friballeaking storage lank lisls Stafe and tribal registered storage tank /Isis Slale and tribal institulional controV engineering conlrol reglstnes State and Inbal voluntary cleanup sites State and tribal Brownfield siles !1Im.roxlmate Minimum Search Distance miles (kilometers) 1.0 (16) 0.5 (08) 0.5 (0.8) 0.5 (0.8) 1.0(16) 0.5 (0.8) Property and adjoining properties Propetty only Property only 1.0 (16) 05 (DB) 0.5 (0.8) 0.5 (0 B) Propetty and adjoining propelties Property only 0.5 (0.8) 0.5 (0.8) Ardaman File No. 07 -4 711 35 The Sembler Company February 8, 2007 20.0 APPENDICES Appendix I Legal Description I Property Card(s) Appendix" User Provided Information Appendix: III Regulatory Records Documentation Appendix: iV Historical Research Documentation Appendix: V Site Photographs Appendix: VI Interview Documentation Appendix VII Resumes APPENDIX I Legal Description I Property Cards Details Page I (lf2 Ae.r;.~1 Folio NOl 00417760001 ~ Curtent Ownership Property Addr...Il!:!9 SITE ADDRESS Scroll for Additional Information I ~~ SEMBLER.RATTLESNAKE LlC ~~ 5858 CENTRAL AVE CI sr PETERSBURG Stah! FL Zip 33707.1728 Lagal 14 So 26 5112 OF 5(1{4 OF SW1" lESS W 80 FT ~~l Town.hlp 14 I 50 Range 26 Acres 17.93 Map No. 5B14 Stra No. SG2614 031.0005814 Sub No. "11 !.llIlLf&Jt< 100 99 ACREAGE HEADER [NON.AGRICUl rURAL ACREAGE "11 Millallt-Aw 39 "11 M1l\llgi 11.9374 2006 Final Tax Roll (Subject to Change) If all Values show" below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Lan"dValue I $ 1.344,760.00 -Da~ --Book. PaQ& II Amount (+llmpro....ed Value 50,00 0312006 ~QO.~.oj..~~ II $ 0.00 - $ 1,344,750.00 09J 2005 J69.S.ill.6 II (=) Market Value $ 107,700,OOn.oo H SOH EJltempl Value $ 0.00 ~9J200'" 3.63.9.,2.10\ II $ 4,600,000.00 (=} Assessed vntue $1,344,750.00 -05/1996 2.11lLH.t II ~ 250,000.00 H Homesttlad and olher ~)(empt Valuo $ 0.00 01/1995 ZQ1LU!l II S 0.00 (~) Taxi!lbl~ Vallle S 1 ,J44, 750~ SOH '= -Selva Our HomesA QXEl:mpt valoe due to cap on t1~sesslnellt Increases. llltp:l/www.coI1 itrapprai ser. tom/RecOIdDctail.asp?Fol ;011)=0000000<11 776000 I 2/6i2(j(J7 Delui Is Page I of2 Aerj~! Foii;"N;;":1I 00416760002 _i1f,fft"l! CUrrent Ownership Property Addros.I~LiERBl VD Scroll for Additional Information I l~~ SEMBlER-RATTLESNAKE LLC Addrtf,9G'S 5858 CENTRAL AVE City ST PETERSBURG Stale FL zlp/...J31.or-1T2& --1 L] 1450 26 N1!2 OF S1/2 OF SW1!4 OF SW1J4, W 80 FT OF 5112 OF SE114 OF SW114 lESS RW OR 1573 PO 356 'For more than IQur 11MB of LaiJal Du&cription phnn c~ll the Pro putt; ApPnlinr's OHlc&. SoctIO"-.__JI 'Township Range' -.J Acres 14 ~ 50 26 I 10.4 Sob No. 100 I ACREAGE HEADER "'l'JUu.J<.Ql[o 10 VACANT COMMERCIAL ~ap No. 5B14 Strap No. 502514 (}05.Q~.15S14 "'l'J Mlllilgg 11.9374 2006 Final Tax Roll (Subject to Change' If all Val"es shtlwn below equal 0 this parcel was created after the Final Tax Roll Latest Sales History .--.:and- Value I $ 3,391, 705.00 I (+) Impro"'8dY~'uQo $ 0.00 -) Market Valu. ~ 3,39',705.00 (-I SOH ~~~rr'!PI Value $ 0_00 {=I Ass91lsed Value S 3,397,705.00 (.,. Homestead and othor ExeJnllt, V.aIUA $ 0.00 =) TaxHhle Value S 3,397,705.00 Date 03 f 2006 09/2005 0912004 "-.1.19901 Amounl $0,00 S 107,700,000.00 $ 4,600,000.00 $ 1,325,000.00 SOH = "Silve Our Homes" exempt vallie due to C3.p on assl;'ssml?nl Incre866~ hll n.l/~\,ww collit'r::-lnpr;.}j.~!....r.tnrnrr~et()f(l ni':t:lil.:t"n;)FnlinI D.,,,nnOOn0041 117fJOnn2 ?r\I? il()7 Delails Page I of2 ~~ A.e[i", Current Ownership Folio No.Il004i67-~~~1 NO SITE ADDRESS Scroll for Additional Information I Owner Namo SEMBLER.RATTLESNAKE LLC Addresses .sass CENTRAL AVe. CI ST PETERSBURG Doqa'I14iOi6 5112 OF 5112 OF SW1/4 OF SW1I4 AND N30FT OF r-N112 OF NW114 OF NW1I4 OF SEC I23TWP50 RNG26 LESS RNI ~oro than four lines ollc(lOI Ollllcrlplion Dle3!1;(! catllho Property Appraiser's OUlco. State FL 21 33707.1728 Section II TownshIp Range It: Acres 14 SO 28 9.63 Sub No. 11- 100 I ACREAGE HEADER -1l ~!<.odo 10 VACANT COMMERCIAL If I MiI~ No. 5B14 I St,. No. 502614 005.0005B14 -1 MlJJallaAT...a 39 4'l MlUBg. 11.9374 2006 Final Tax Roll (SubJect to Chango) If aff Values ohown below equal 0 this p.reel was created after the Final Tax Roll Latest Sales History land Value $ 3,144,708.00 I +) improved Value $ 0.00 r=-=-)~J ,~~rkat Value $ 3,144,70B.00 H SOH Ex.empt Value $ 0.00 r") Auessed Value $ 3,144,7011.00 H H-~~~g~ad .and other Ex€!mt>t ValutJ $ 0.00 {""l Taxable VallII.' $ 3,,,4,708:00 Date II BOOk - P aQa Amount 03 / 2005 !l!!ll.:.!~U $ 0.00 0912005 II 3B9~.,. 3.6.a S 101,700,000.00 09/2004 II 3];;19. Z..!ll! $ 4,600 000.00 [ 01/2002 II .!ll1LAIQ $0.00 SOH l': "Save Our Homes" exempl value due to C3p on ilSM!:5Sman! increClses hllP://WWw.colllerappraiser.col11/Rccord Delai l.asp'IFoliol J)'~0000000416 nO()On 2/612007 E\PPENDIX II User Provided Information Ardaman & Associates, Inc. Gec.tecnnka(, Efwir6rllflt~n;",1 and M:::teriats COn$u!l(lnls February 1, 2007 File No 07-4711 TO: The Sembler Company 7601 N Federal Highway, Suite 215-8 Boca Raton, Florida 33487 Attn: Mr. Michael Troxell SUBJECT: ASTM E 1527-05 'USER" Questionnaire for the subject site located at 8536 Collier Boulevard, Naples. Collier County, Florida Gentlemen: Thank you for selecting Ardaman & Associates to provide Phase I Environmental Site Assessment (ESA) services to you, As part of qualifying for the Landowner Liability Protection for the person utilizing the report, ASTM E.1527-05 requires the "User" of the ESA to provide Ardaman & Associates with any documentation concerning environmental liens or any potential environmental issues on the property in their or their agent's possession. The "User" is also responsible for notifying Ardaman if the purchase price of the subject property has been affected by environmental issues. Environmental liens concerning the subject property would be listed on recorded land title records and judicial records. This information would be available to the .User" through the owner of the property or from a Chain of Title Search that is a standard requirement in most land purchases, In order to provide our service as expediently as possible, we are enclosing a copy of our 'USER" Questionnaire to the Client I 'User" of the Phase I Environmental Site Assessment (ESA). To assist with these services, Ardaman and Associates will review any documents provided by the Client such as recorded land Ii tie records and judicial records for environmental liens or activity and use limitations. Please complete this questionnaire. to the best of your ability. We will include the completed questionnaire as part of the fll1al ESA report. Please contael our office should you have any questions concerning this questionnaire. Very truly yours, ARDAMAN & ASSOCIATES. iNG. ) r EndQ~Ureo <;970 !5,IV,HI<t l~o,;;'J. f:"1l Oil.'.,,"::> 1f11~,(J,,:;}w. Cc<';(.lti. rf..^ 1::'3'h ne.(J4I)!} 1'1,11 Sf [,.,:.~. !}~I?",;;;I;1_ T,;~<lh;),>-"~k !t''T.r''''_ '11 PiHIA B.;;K!" USER QUESTIONNAIRE ASTM E 1527 - 05 In order (t) qualify for one of the 1.1l1fdow/ler Liability ProtectIons (LLPsrlf> offered bv the Small BusJnes~ liahllity Re!ief and BfOwnfrelds RcvitalizalloTl Act of 2001 (Ih~ ~amwf)fie(ds AmendmH{lts~)..~{llhe Clser must provide ttle lollo<,\;ng ,nformallon (n available) to the cnvlmnmellta{ profesSIonal. Failure to provide this in/oonaHon muld resulllll a determination that' all appropriate inquiry" is nol complete. (1.) Are you awam of any environmental cleanup lIans ag.lnst the property that are med or r<>corded undar federn.ll.trlbal, Gtate. or local. law? ,{F.""""OI.;Rlfll'\{"I,r)e;;;wp.ffE.f>.s IMl YQ.~o;.,e.~.o:(~} ~Q'aln$llr;Q u.e {4O CFRo J.i2.25}}. N~ (2.) Ara you aware of any AULs, such as engineering controls, land use r...tr!ctloM or Institutional tontrols that ara in place at tho sit.. andlor have baan med Qr r8<:onled In a r"fllstry under fedaral. tribal, state or loeallaw? (Ai;tivity..tl(j ~f\tl usa limiIaliMs {AlJ\.$llhi1t areln plOC(o QI,lhe slit! or lhs.l haw ~ CIlod Oi' reooroe4l11 OJ 'E9-l.stry ("lIlCfR 3t2,16)). No (3.) A.. the USe' of this Environmental Site A$aessment (ESA), do you have any spe<:lanzed knowledge or experience relaled to the property or nearby properties? For example, are you Involved In Ih.. sam<! II.... of bUllness as the curront or fonner octupents of Ihe propO'l'fy or an adJoining property so lhat you ..."uld have specialized knowledge of the chemIcals snd processes used by Ihh> type ,,' but""",,s? (S_"'" '_"'.."'_ CJr!he P'fSlJn wekil,g toquat!fy mrthlt UP j40CfR 3!2 '20l) No (4.) Doea the purchase prlc" ""lng paid for this property "'asonably reRett 1110 lair markat value of the property? y"--,,, (a.) If you c(lncluds that there Is a dtrference, hove yotJ considered whether the lower purch:ase price is be-cause contamination is known or helktved to be pre.sent at the propMty? (Relati<J:\SI'Iip of llffl ;)Illd",as.l PJi:.t! t" tnle' faJl' maOlal vllllle dthu fYOj)f:Ity Iii: MlI't\ nd(CQnlillnlnit~1J {.(G ern Jll2~)). (5.) Ar. you awar. of commonty known or reasonably aSC<U1ain.bl. Informalion about the property that would hall' the environmental professional to k1entlfy ""odltion. Indlcaliva of ..I.ases or lhreata""d rel.a..s? (c"""""",, ~llO'Un:): r.;g~IJ~ ZM;en<JinaMJ inL'omlIlli<<l eJ)ou~ tile 1!Ifl:t~fty (40 eFR J 122'01) rOT exampte, as user, (a.) Do you know !he past uses of the property? Ye, - V '-(O~-\ (b.) Do you know of specffic chemicals that are pre-s-enf or once wefe present at the pl'opcrty? N., (c.) Do you know ot'Sptus or other chemical rGlfaases that nave taken pi-ace, at the property? N. (d.) Do you knoYl of any environmental cleanups tflat t,ave taken place at tM property? ('..! 6 (e.) As thd user of thIs ESA. based on your knowledge and 0xperienc-e ralated to the property, are them ilrty obvious indicators that point to the presencE:! or like-fy p1~enca of eontamlnatlon at th& propolty? (rile' ~gli;e of MAIlOl.I3MSS 01 m~ ~.!'.selY.-(l O( lh;~ Pl8CG1~ of C'l)OI.;mirlaoon '!or li"o.rJ pny~/11. &n(j !";)f: i1~ 10 ';.&Y.! till.' cor.'~V!~'l"Ialioo. "'r ~r;pjl<;~6 in.....>lS1ig;!oti~f {<II) CF:1 3'\";Ul H No (7.) What is the P{Jrpo~& for re-questrng a Phas~ I ESA for the subject site? Fo (" 12.-,,<.1 \ f.) ~ l.-.r I,...... f ."t.A. c.:-t-(.o.+C__€'-'\- -f-....... j''l..J'~(^.I''''t_+...1 aff:"....~"'..l \ 1>- J. '(.J1 .......~~.\l.'_~,.}i.,..." f.-... ,,"""\~,'/(~.-'r''':''j frl('V+"~ -t-", 1-(l"-o-.........-t1 c:.__._)/..,,- fi""'v-\ '".)....If-1.. us,<}(Slgnafil(e:_~_._r???_~~___~ DfJIO._~!)~___ . 'Landowner C;OI!Jty i'rofer.:t!on.<;. 01 UPs i!i the !"?'In HS'r'J 1<) d!3scnbc the (~roo lyp.:;~ of rOIr;~(ilill d(;(l!ns~.< IG SlJper'r.md bllbdil.y !() Sp,\,~; 11l{<~nJIl Gli/t1<lf!f;r, RJ.!gartJlng C",'erin l,llllilowtiGff; M/.JsJ M/}/Jf" in Orr}.nt 10 QUl'tlfty for 80ml .'"ida PmSjXlClnte Pr/ft:;!18!er. Canligl!oc!; PIO;:Jf1rly (Jo,-\'n8r. f,jr fllnOC,)(i/ !.aM.I(,vr.lIlr limi1aiiM$ ,)!! GERCl.A tMbi!.iiy rCI."'IllI!iO:J E~.7"rlJ{IJ;;'v Goidel i,,~l.:~ 0:1 March 6. 2003 >>- P l 10i.~ 111 APPENDIX III Regulatory Records Documentation FirstSearch Technology Corporation Environmental FirstSearch'^' Report !T=.:~::=':~:::-":..=~~-::=::_::.:.:"'::-'::_C:::=::::=::--.=c:...:::::::::= .:::..: ._.._~~:-:-~-:.:~::::-::::'-._'::.=.=-'::I'i I r--- --;5~~::~;:~":~~D- -----11 Ii iI ! I NAPLES FL 34114 Ii II' II I i Job Number: 07-4711 II :_~~,,,-::==::':::-,:.-.=:::-:.=:::::=..:::::..::.~_....--.._--_.- - ........--------.---- ~..._._-.._._- -_. -. ..:--~::.:..:::~~: PREPARED FOR: Ardaman and Associates 9970 Bavaria Road Fort Myers FL 339 j 3 02-06-07 F'IRsl:' rei (4V7) 26.\-8900 Fax: (-107) J65-8Y1I4 1:'O"lr(~ll\lr:m;U rir~fSl.'nrdl i.'.;l r~t'l)t.(l"I~ll ,n!..'k::n:l~k of ~ir.\lSl.'Mrh IL'l/i;",..>ln:;\"l\ll/1-t1fj!!!(;;l :\U :;gllls r".s~;'I.'...d Environmental FirstSea/'ch Search Summary Report Target Site: 8536 COI..I.Il:lZ BL VI) NAPLES FL 34114 ..._._._.....___...._,__,__,.._.,....,...___firsl~~.''E~~. Sunlm_~.!:Y..._,_...__.........",._._______.....__..._.__.____... Dat~h~sC! ScI Updatcll UlldillS Site 1/8 1/4 112 1/2..'> ;rAP TOTALS NPL Y 12.08-06 1.25 0 0 0 0 0 0 NI'L Delislcd " 12.08.06 0.75 0 0 0 0 0 0 CERCLlS y 11-0R.06 0.75 0 0 (I 0 0 0 NFRAP Y 12-0S-06 0.J5 0 0 0 0 0 0 ReRA COR ACT y 06-06.06 1.25 0 0 0 0 0 0 IKRA TSI) y 06-06-06 0.7j 0 II 0 (I 0 0 IlCRA GEN y 06.06-06 0.50 0 0 0 0 0 0 F cder.1 IC I EC y 11.14.06 0.J5 0 0 1I 0 0 0 ERNS y 12-31-06 1I.50 0 0 0 0 20 20 Tribal Lands y 12-01-05 1.25 0 0 0 0 0 0 SUllcrrribal SitL::i Y 1I9-12-06 1.25 0 0 1I 0 0 0 Sla'e Spills 90 y 11-02-06 0.50 0 0 U 0 3 3 Stoic/Tribal SWL Y U9.28-06 0,75 0 II 0 0 0 0 S,a"nrib.1 LUST Y o 1-08.0J 0.75 0 0 0 1I 4 4 S'nlclTribul USTtAST y 01-08.07 0,50 (I II 1I 0 12 12 St.,errribul EC Y 11-02-06 0,J5 0 0 0 0 0 0 Stntc/TribnllC Y 11-02-06 0,50 I) 0 0 0 0 0 Srflfe/Trihul VCP Y NA 0.J5 0 0 0 0 0 0 Stalefrribnl Brownfields Y , 1.02-06 0.75 0 0 0 0 0 0 Stme Other y 08.28-06 0.51) (I 0 0 0 0 0 __..:..!QI6_LL_____~__..__._., _.____O___O_~__L,,_____22__1~____.____ Notici: of mSclJlimcr r~~~-;J;~imil.,.-;OI1S, COI1!illlliIlIS. illnc(\lraoi(~ &nt.I. il1C()ml)Ie-lt'les.~ of fj:i\'Ierllm<:nt i"fOrm~~~~:;~;r~-;-~.~ping-d~~.~lIy a':~te 1\1 rirUSClIordj I TedlJ)(Jlog)' Cor-p., cClmin ('.(Invenrion, htl'.c beclllllilrr.ed in prepnrillS lht local ions of all IClkl1lt, Slule ilnd local UYCI\"''Y sitlo'.s residing. in FirstScUlCh Technology I Corp.'s d3h\b:lS~S. All CPA NI'L and sl~te IMdfil1 f;iltS are d('piclcu by n recrongJc appmximatirl8lhejr loallion IIId S,i7..e. Thc hOl..ndaric.s oflhc: rl!Cllnt1c! repr~nt Ilhc cll~lcro ~'I\d WeSII."OI lTl<,stlonsillldttl; lllr lIorthem nnd ~o\llhel11 rnOSlla(itlld~lI A~ lIucl1, the fI'IPI'lI>cd <Ir~ mAy tlCl:tl!d d\C n<:klnllrtl'lsl1l\d do nOl r~pft&cnt It!. ,".'.uot boUndllo~il:SOllhc~ propcrti~:"i. All IKhci ,tilts .!In.: dcp4clcd br a PO..'!". r~'P."l'sJ;:ntitlJ!, thc-}r Qflpmxil!mlC "'~[Ire$.$ .101:il1101l ;.n<l 1li;lh no 1I11C111pl to ~cpre~nllhc I IICI\ltllllr(:..M ol'lht lIS~>nled prOperly. A\:lual boul1l.lilflt'S and h)CallOnS ol.ndlV.duOlI prOpcmcs (,011 bt-Iouml III ~he files "I,:.:l:ldm~ lit lne- agency r"sJ~II!ilhle for such l~l~~~~__________._~______ ________.___._...____.___.________ Waive! of Liability f~Wl0ugh Fir!iISC~ch TC~hn(l~;'-C~;;~:st;s- its be'S.1 dfQ. rtS 10 ~.:~rd.l lhl! aclur.II,":ll.liolll)f C;lCh-;;;~;;'~;;;e~;~':clIIl.OI.. ;;~or.p. ~::~~tl\nd C\l.~ l1<)r, \\I~rra~' llh~ nccur:.Cy Oflhcsc sitr.:s wllh r('-!1ard to <:y.aclloc.olion and SIZ<' _ All .::!ufl\orized tlsers offirstSe.nn;:h Tecnnology Corp.'): :.lI:fVlCCS procec<ling.nrl!" slBnilyillg An Hlldershmdil1g of Fir~S~'Mch l\xhflCllo~y Corr.'s starc.hmg. and fmljJI'1I1g (".oI1'{~l1l1ans..llnd ;If;iee 10 wait'cElII)' and r.llliabllil}' dnll~s ilSltOcilllcd wllh sll'.1rch 1U1d n""1) Ic!',(t1IS showing Il"I(;o111plctL' ant.! 01 In;.ccurlltt" :mc locsnom ..,---_._,_._---~--~---_._~------_._-----'-------'.__.-- --~. EnvirOllmental FirstSearch Site In/ormation Report Req uest Date; Ilcquestor Name: Stando"l; 02-06-07 nrdal1lfll1/sara/danl.1 I\AI Search Type: Job Number: COOIW 07-4711 Target Site: ~536 COLLIER BLVD NAI'U'S FL 34114 Demographics r-----..--.----------.-.-----...-.-.-.-....----------.------------.-.....-..-l Sites: 39 Non-Geoe()ded: 39 Population: NA Radon: NA L.___.__..____.._.___________._____.__ .___..1 Site Location .,~.._-~,.__.._--'--_.-.,,"'---,-~---_..~._--,-~--, ] lligrees lIleeimal) De~rce. (MinIS.c) VIM. ~::;::':= -_:='---~:~:_- :::";:'., ::::::":'. Comment [---~-----_._._----_._--------- -------- ---~ Comment: I ..-."---.."---.-..-.-~-----.-.------~-------,-~- ,___~_.,______.J Additional Requests/Services 1-.---.----.----------.-.--.....---------------.--------1 I Adjaceut ZIP Cad." 0 Mile(s) Services: , Ii. ~~: (,<" s.",,----- - Sf /:;-"~1I' ~:Illr - II -I "~. .. 11. ---=-=~=ri) i 'I ------~--------.----.------------jl r,~~hO;~S-- --- -- - ~'l~~ Cu, _31~__ --III i il 1/1' Ae",1 PhDlOg"'phs No ,': 'III" , ! ~~'S10"C,'1 fOPDS . No ',1 'I I I,., Clly Dlrec/o"" No I 1.1 .! Tifh:.S.t.:urchfEnv Llells No i " I'i ;! I. MunicIpal Rcpnr1'i Nn Ii I I: \! Online r()p~)S No II; ll~________,____~'_'___.__~j l-~2:::::o~~.:.~===-==----JJJ Tn rgel Property: TOTAL: Environmental FlrstSearclt Sites Summary Report &5)6 COeU lOR Be VI) NAPLES Fe J4114 J9 G};OCOllED: !\.I!l.p..J.1L-.illUm,,-... ..!>i.I~.I~~.'!l~!.!.P!~~!!'.L__.._ INTERST ^ TE 75, WESTBOUND NRC-550314/MOBrl~r: , E:RNS ERN..<; [JWS N.kC.6J4IM/MOBILE EltNS J43(j19(HIGHWA Y RfLAn::n t:.RNS 42}1~IIII-rIGHW^ Y RrI.ATl![) ERNS YEOMAN Y AnD CSX TRANSPORT NRC.700902IRAILROAD "mI\NSPORT-SOUTli me 542019JUNKNOWN F..RNS ~RNS TRANSPORt SOUTH me ~.<143421rrXGD J:AClllTV PLANN[:.D PARENTHOOD NRC.sI605J/f'tXE:O .rOil: 01.4111 !'ION G [;OCO IHCl): .19 ...~_ddl'CS" ___.~___ SEL,:CTED: NON GC ......... Di!itJDiL....r]~~.!'!Q.'_..____.__.._._ NIA N:\PLE$ 1-'1.. JOSEPH LANE NON GC N,\I'LES Fl. 115 NON GC NAPLES ':1. MM 89 ON HIGHWAY [75' I Mlt NONGC NA.PLf.s fL $656 ADAMO DR. EAST NON ac NA,'LES FI. SITE 011. r os NUN GC NAI'J.~FL SITE ()l~ IDS NON GC NAPLES F!. THECALI.EnnlDNOTHAVETUE NONGC NAPLES fl. AT (OUNn' PARK CON5TRUCTlON -'ilTE 1500() IW'N~TON ROAD NRC-79S1g6/HX~O NAPLES PI... NON GC F:RNS NON GC -l1.1249/UNKNOWN NORnl OF INT(RSf.::C'tI()N De-SOTO ill. VO NRC.17M9RISTOHMjE T,\NK. NAPLES FI. 1\.1I1€ li ALLIGATOR AU,E.Y HGW NON GC NAPLr:S f'L ERNS ERNS EI~NS fNlf.RSfCrrON Of ROl!T[ 95\ ;md 41 0 /'IRe.7672691MOBtLE ERNS 1-15 tMILE M,\RKt~R M NRC..S4J91 )/MOBltE Efms r-t.EET TRANSPORT J I J())SJH1GliWA Y REI.AT1:D ERN> ESTEY l\ VE ANI) UROOI-;;SIDE Df{ NltC.1779f1J1FIXf:() [RN.5 CORNER OF I'INE RlLXil:: MolD \.'IS NIK.j(10403/MOBIIE CnLI,JF.RCOIJNTY REGIONAL WAS.I'f:WATElt JR::;:I tiTILlTY ROAD NR(.761}lWHXO) NAPLESH. N(JNGC {~RNS NOt'JGC NAPLES FL NON{)C NAPLES 1"1. INTERSTATE 15 WESTBOUND NAPLE..... H. NON Oc NON GC Ni\l'L!;S FL NON GC NAPU::S f'L NON OC ERNS ill.ANNED PAU[NTlIOOD NRC,SI6035lF1X(1) COtur:rz BLVD BETWE1:N R;Al"tl,E i\N[) NR(.7%fJ18JMOIllI.l? NAPLES Ft HIE CALl.ER OIDN01'I!AVE THE NON GC NAI.t.ES 1'1. LnNS ERN~ .1 I 2?(lIJiUIGHWAY REI.ATEO '.75 MILE 53 ^t.I.lGA1'OR ALU: NON GC \IAI'I.G;n. N/A HlA NIA NIA N'A NlA NI^ NiA N/A N/A NIA NIA NIA N/^ N/A Nt.'\. Nt;. NIA N/A Envirollmental FirstSearch Sites S/lmmary Report Tflrgcr Property: R5J(' COLL-IER tiL VD NAPLES FL J4114 TOTAL: :If} GEOCOIJEIJ: J~1!.\.r.JlL_..PJ~ .Ty.P.~....._.~!~~~!!!rI.~!m.t1!!!~~ tJJST fORMEll JOIIN~ON rRO/J(.:R I"\' I flJ80S2,ll.IFACILIlY ClOSEn l.OST DUMP TRUCKS COLLISION I I lJ80S212/FACILllY CL.OSEU LUST DUMP TRUCKS COLUSION II 9MS211fFACILITY CI.OSEO LUST M',\L,\Crmr.: LifT STATION 11~~08002Jr^CrLIT\' CLOSED Sl)ILLS DUMP TRUCKS COl.LlSION /1980511 J1C'lOSI3U .t;PII.LS fORME!.: JOHNSON PROPERTY It '.J8052.11/CLOSEf> SPILLS DLlMP TRUCKS COLLISION r /980:S211JCLOSED UST fORMERJOllNSON PROf-ERT)' IIQllt):52.lllClOSED UST WOOTH~ S 1\[lmOAT It IDES 119)fjfl9J5IOf'EN UST VARONA WALK 119WK,W(]/OPEN US'( SN!. DIS1"RlnUTION TRtKOK ACC/DENT 11980S511/CI.OSED lJST RINKER MA"IHHAISN,\PI.f.$ PI.T 11<)200.!2)/Of'[N Wi"! HAMMOCK IlA Y GOLF MAINTt;:NANCE 11 Q8Q(j4011/0PfN 1)<).( DUMP l'n.UCKS C01.1.I's'ION 119SI)51IJK'LOS1:0 t1$"I' UUMP TRUCKS ern,LISrON 11')81}5~I.lIClO$EO 1):-;-r ccmQUEST DEvr.HwMf:NT ['SA LC 119l!OlllfJ~If\I3ANIJONF!I) U~.I COI.J.Jfn. I{~GIONAI. \.1f:OICAI. CTR IllJ1mIi6'j'JlOPfN lJST A!)i,LACIIEf. UFT STATIOr.: r 19~!ISOtl2fCl.OS[D US"!" mGllWA v PAvERS INe.N QUARRY $o1.rf: 1187J:!.flB/Ci.OSED JOB: 07-47/1 NON GEOCOIlED: )9 SELEcn:D: ____~l~~rc_~s__ ..J!!~.t!.Oir _..r!l.g~_NQ.._____. IMMOKALE.ri RD NON GC NfA NAPl.ES rL rMNOl<OUE HD.81i2 n E Of' WI NON or NfA N:\PL($ Fl. IMMOKOlEE RD NON GC NI.\ NAPLES Fl. 14611 Ct!ICKEE OR N(JN<;C NIA NAPI.HSFL14114 IMMOKOLEF. nD N01'lGC N/A NAPLES rl IMMQKALE"F: I{l) NON GC NlA NAPU:S Fl rMMOK()LEE RD NON tiC NIA NAPLES FL IMMOKALEC R[} NONce NI^ f"AI'!.ES fL J:?J}OT,\MI,\Ml TRAIL r.: NON Ge NfA UCl-lot'tr: FL ],(114 80CJO SOIl.RI::t-lTO LN NON CC N1A N,'PI(:S Fl.l.11IJ 1.15 MM 67ul'ld 68 "'ONce N/A NAPLES FL 9210COU.If.fl OQ{!I.F..VARD N()NGC N/A NAPLr~l:irL,Hrl,1 nmo MAINllAll OR NON GC NIA NA?US n. H 1 J<i IMMOKOLEE RO,8li'<! FT E OF WI NON GC NfA NAPLF.1i fL IMMOKOU::E RD NONce 1.J1i\ NAPf.e;; FL 1001 !illVER r."'..:l::'S nt.vo N()NGC NJ..\ /,.'APLE.<:; rL .12\11" 9.100 COUIU<: OLV/) NON0C NfA NAPl.ES ~L 3'11 \4 1.1621 ('H1('f..:n:DIt NON GC .~/^ NAI'I.FS Fl_ HI 1<1 SIt")1 NONOC Nil+. "'A!'I.I::S ~1. Environmental FirstSearch Descriptions NPL: [:.'PA NA TION^L PRIORiTY LIST. 1)11labnsc or confirmed llnd proros~d SuperfuHd sites. NPI.. Dclisfr.d: erA NATIONAL PRIORITY LIST Subset - D<IIi\bus(: ()f deli$l~d Superfund sites. CERCLlS: 1"'.'1 COMPREHENSIVE ENVIRONMENTAl. RESPONSE COMI'ENS,\TION AND LIABILITY \NFORMA T10N SYSTEM - Dat<lbllse uf {:urrcnt And potential Superti.llld sites l;urrently or previQusly tinder inve5liglllion. NEIlAI': i>'I'A COMPREHENSIVE ENVIRONMENTAl. RESPONSE COMPENSATION AND LlAnlLI1Y INFOIUvlAT10N SYSTEM ARCHIVED SITES. dalabase of Archive de,ignol<d CERCLA ,ito' that, to !he best lJf EP A's knowledge, .l..l;scssmenllltls noon cOIl'lpleted and bat; del-ermined M further SICJ\S will be !lIken to list [his site 011 tile National Priorities List (NPL}. This. decision (lo~s IK)! nocessarily /Ilean thai there is no hAzard assoc:iiHed ~vilh ;'\ given sile; it only 11IcaWi thaI, bnsed UI)OO available illformutiun, the location is lIot judged 10 be a pOllmlinl NPL ~i1c. RCRA COR An': UA RESOURCE CONSERVATION AND RECOVERY INFORMATION SYSTEM SITES - OatQbilsc of RCRA facilities With reported violmions and subject to corrective actions. RCRA TSO: EP/1. RESOURCE CONSERVATION AND RECOVERY INFORMATION SYSTEM TREATMENT, STORAGE.. \\OU D1SPOSAL FACILITIES. - DlItnbnse of facilities licensed 10 store, lrcat snd dispose ofhal.ardous wa.<;tc mntcrirus, [{eRA GEN: EI'A RESOURCE CONSEllVATiON AND RECOVERY INFORMATION SYSTEM SITES . Oatabnsc ()f fncililies rlmt gencrat~ or tnmspo/1 haznrdoll.'i W(lS.lC I)f m~~t other RCRA requirements. LGN - Large Quantity GenernLOr.> SGN - Smull Quantity Ge.nCra[MS VGN - Conditionally Exempt OClltralor. ltlcludcd are RAATS (RCRA Adrninistrntive Actioll Trucking SY:Helll) and CMEL (Cmllpliance MOlli1ofing & EnfmccmC:l1~ List) Hlcililics. F.du.1 Ie J Ee: BPA IJROWNFIELD MANAGEMENT SYSTEM (lJMS) - dat,hase designed 10 ",ist EPA ill collecting, lracking, and llPthlling infonnfltion. ilS wc:lI DS reporting on Ihe mitior activitic!> nnd accompHshment!!. of lhe vnrious Brownfield gran! Prog,l"ams. FEDERAL ENeJINP.ERING AND (NSTrTUTIONA1. CONTROLS- Superfund sites lhnt have either nn cngincerillg or lIlt il1~tllllli()nitl wlllrol. The data includes the conlrol and the mc(litl cOIllllmillr.ted. ERNS: E1'N'NRC EMERGENCY RESPONSE NOTIFICATION SYSTEM - Oalabasc of emergency respOl1se actions. DfttEt since Jallllul)' 200 I hm; been fI:c;cived from/he National Response System dUlnbllse as lhe EP'" no longer maintains Ihis dn(lI. Tril",1 L,nds: VOIIBIA INDIAN LANDS OF THE UNITED STATES . natabase of lI.e., wilh bonndllrie, eSl3blis.hed by (rent}', $[ilt"ulc, mal (or) execulive or court ofder, l"CL'ognizeO by the Feder.\l Govcrnmenl ll" territory in which AlIlericmI Indinn tribes huvc prim.lry govemlllclllflJ nlJlhorily. The Indian Lnmis of the Ullilcd SUlles map l.nyer shows ",rCfl!; of G40 acres or more, administered by The; Bureau of [ndiao Afrair~, InclmJed are fcdemllY-lulmillistcrcd 1.1I1d~ withillll: reSerVIl\.lOn which Illay 01 Inny nol b~ considereu pnlt of the fc~ervatiOIl. Statctrrihal Sih..s: Fl. DCRIlJEPIEPA FLORIDA SITES LIST . (/;lInll(l~ of identifie.d facililies IlIIel/or IOCllrions tha! the Florida OeparlmcllI of EnvironmcllI<l1 Regulation hus recognized with porellii.., or existing ellvironm('lllal conlttrnrnntion. SUPEnFUND HAZAROOUS \\'ASTI: SITES- daUtblis~ that corrcllllCs to lhe NPI. list and includes Hctive, deli5lcd. and Federal sites. Sl.tc Spills 90: VI- OEP PETROLEUM CONTM"IINATION .\NIJ CLeANUP REPORTS. clMr.b,,< of conti\lJ1illllICd facility rcpons provide (he Facility m, rncilily Type, S<:mc, Ral1k. OllCnlrOI" 11Ifcml111tioll, lInt! Own~r Illfonlmlif)ll, for f;\cililies (11<11 cllrrcn!ly haw cvllhmlinatj(in Sti\tc/fribJiI SWL: F/)EP SOLID WASTE FACILITIES LIST ~ (huaba~ (:(\nce:mcd Wilh the h:lJIdling or waslc <\lid includes IOC~li()lIs identified with solid waste Inndfillil1g 01' associnted i'Lctivilics involving the kindling of solid WIIHe. The presence of .. site on fhl!\ lisl docs lIol ncctss<Hily indiculc e.liisljllg en....ironmental contnminatioll, hut ralhel' the polCnlHlI. lhc FDEP i1ssigns Score!; 10 file silC~ bil')ed on Ihe tlm.:nt to nlllllllO hC<llth .md \he (-llvironlll~IH. n,e lhl!'}k is determined by (he site's Scurc and reflecIs Ihe Slate's vriorit)' for remedial actioll on Ih..[ sice. Typically, 111f:: lower lhe Rnllk value, Ih~ greater the pliorify for rcmecHal llctiott from [he slmC". St"tdfrillnl LUST: FDEI' LeAKING UNDERGROUND STORAGE TANKS LIST - dOl"'''''' of pClrolenm storag~ lank syslel1l.s thRt hav~ reJKlr1ed lhe possible reltasl!_ of OOnl3lTlinanls. lncludC"u within tllis list ar~ silcs. tllm arc in the Florid.a Earty Dclcclj(lll Incentive fEDI) Progrurn, the AbalHloll(:d Tank Rcstomtion Program (ATRP) and tlte Petroleum LinhililY InsurClnce Res!oration ProgNlITl (PURP). These progrum~ SUPPOrl rcmediltl acfion or reimbursemenf lor those sites wilh environmental prOblems due to leaking fuel slomgc IAnks. Some sjte~ li~ted ill rhe rcport h.we nol yel be-en acceplcd in these programs. S'nl.rrribnj ~:C: FEDEr INSTITUTIONAL CONTROLS REGISTRY DATAJ1ASE '<lb,ct- dn"b..e 01' sites thell ~nvc lnslitut;om\l controls alld engineering conlrols wos developed lo M:sist wito trackil1g IhDse pro['lcrties upon which all instiluhomd control has been imposed pursuant 10 the: provisions contained in Chapter~ 376 or 403, J'.S, For I3cownfield sites the ICR has been prcpured rOf the pulllk- and local governments tel monilnr the status of lhose controls. Stale/frill. I IC: "E'DEP INSTITUTIONAL CONTROLS REGTSTRY DATABASE - dntub",e of institutrollal controls war;. developed to nssist wilh trucking those properties upon which an institutional control has been imposed pursuant If) the pl'ovlsiclIlS contained in Chapters 376 Of" 403. F.S. For Brownfield sites the ICR has been prepur'cd for the public tlnd local govemmet1ls to monitor the Slaltts of/hose controls. Slnt.fI'rib., Brown fields: FDEP BROWNFTELDS REDEVELOPMENT PROGRAM DA TAOASE- tlfttnbnse of reports genemled from the Brownfield Access OITtnbPose which lrocks: Ihe number of designated I)rownfield arens, executed Brownfield site rehabilitation l\greemcllt:>, $huc and federal progrnms fimding, and local flrownficld coordinators' contact information RAOON: NTlS NAnONAL- RADON DATABASE - EPA radon datA from 1990-1991 national radon project collected rOT t1V"rielY of zip codes RCl"O$S Ihe United States. Stue 01ht!r: FDE/' SINKHOLES - dafabase of sinkholes rrorn the Florida Cieo~gicRI Survey Sinkholes. DH.YCLEANERS LIST - dlttoollSC of dry cleanillg ftlcililies r~gis!ered ~\filh the Depnnment. rnfonnalion includes fndlity ideluiliciltion number, site locntion infOlTIlfltlon. related party (owner) informalion, Rnd facility typc and status. Dctla is taken from the Storflge Ttll1k & ContaminAtion Monitoring dnlOlbnse, the: r~gistration reposilory of dry clCil.ncr faciliry dah'\. CATTLE DIPPING VATS - dalabRse of VAts that were tilled with ~H arsenic solution lor the con[rol ilrld eradication of the cattle fever tick. (lIhl:r "H.~:;licidcs sllch fl$ DDT where also widely used. This. is a slalic list froln 1910 lbrough 19505, Environmental FirstSearch Database SOllrces NI'L: EP.1 Environmental Protcclion Ag~ncy Updated quarterly NPL Delistcd: BPA Environm~nllll Protection Agency Updated qrwrlCl"/Y CEtlCLfS: EPA EnvironmenlHI Protcction Agency Updafed f.{lIorlet(v NFH.AP: EPA E.nvironmentnl Protection Agency. Updafed quarterly HeRA COR ACf: EPA c.nvironrncntnl Protec1ion Agency. UpdateJ qll(Jrler~}' nCRA Tsn: EPA Enviromncnlnl rrOIe<;ltOn Agency. Updmed quclrwrly RCRA GEN: El'rI Environmental Proteclion Agetl(;Y. Updated quarterly fo<rdcl'~IIC I EC: EPA Environmenti'll Protection Agency ljpdateil qllC11'lerly F.",RN5: EtJrVNUC EnvLronmcnlnl Protection A(.l.ency Updated semi.mlHulI/ly Tribal Lands: DO//UTA United Sttltcs Oeparllllent of the Interior Updl1l~d (lJ1J)I((I/fJI Shltcrrrii)al SHes: Pl. DERIDEPIEPA Florid., DcpOl1rncIlt or Envirol1memall'rOlc(;(ioo, Uurcnll of Wl\src ClcR.llUlJ lJpdOlerJ f/1flf/'/erZ',1 Sl~fl! .spills 90: l.t DEP Florid:i D~p<lr1rnenl <Jf Ellviwnmenlal Protc<.:! I /11daled qrlOri:Jrly StlltcfrrihRISWL: FDE? Florida Dcpartmenl ofEllvironmentul Pmtcction Upd,)(ed tJml1f(JJ~)1 Stat('/Trihlll LOST: I'D!::? Florida Depanment of Enviro!lnlentol Protection lJpdai(d q1Jc1"lcr~v SI:lteffribal EC: FJ::VEP Flnridu DCpUrllllCIH {If P.nvironmcfllal Protect Updoted l/U(lr((!f(ll ShHcfl'ribHIIC; FEDEP Florida [)opartmcnl ofEnvironmenlaJ PrOlect Updnted qll(//'Ie"~ll StRterrrihal Brownlie-Ids: FJ)fP The Flurida Department or EJlvironmcutnl Proteclion, Division of Waste MAlJugement. l :'{ldolf'd quar/erly Il.:\ nON: NTIS EnvirOllmeflwl ProlctllOn Agency, Nacioulll Technical [nfar/nution Servicc~ (ipd(Jltd perivdicnlly Stnte Olher: FDEI' Flt)rida Dcparlm<':lll of ElIvinmment<ll Protection Sror,tgc Tank & COtllflminaliol\ Monitoring, FIDri(la Dc.parlmem ofEllvironmenlnt Protectjon Can Ie Dipping Val-s lipduled qlu/I"I{!rly Environmental FirstSearcll Street Name Reportfor Streets wit/tin .25 Mile(.l) of Ttlrget Property Target Property: RjJ6 COLl.IE/tllI,VO Nill't..FS FL 34114 .lOll: 07.4711 Rifle Range Rd ___ .Rj,'Yp.i!:.___ ._'i!r_C~!..N "_!;le. __.._._.______ ____Q!~yl!.ir._ O_\IJ N. .._.~!J:~~Namc____ ","i~'" ;~J~~~' :.~' -E~:~JJI~~~~';,::'~h-._-_m rr~-::::-m_-:-I 8536 COLLIER BLVD, NAPLES FL 34114 ------- - --~~.- ---- ---l , ,;Vi /-------;.r/-- - __~=------k.. ------ ""', I 11/ __-___J // ~-:. L-- .---------- ---- --------~"'" '-''-''"," I' (, ----r/- /' " '\ I v / / /.----. _____ "" \ -t-, I ~-r,,~ \ \ i _/1 I \ I (~ ) i) I \- --' - ; \ "j 1/ ( , \'--- \ j- -;;__',,__~;r__;__/ /) Ii \ __ _ ___l "-----------/ ? / / ,/\" l~~------- -, \ // ~ / r ,,' , ,,------ -- '---- r -/ / ' 1 I \ ' ,'"I --I~~--, /( i ; _/', ..t- I ,/( / Ii i l_ -- "-''-' ~II ----.'t----/---Lr-/\ -- I /, / i' I ''-0' \,.--1/ I - I I i o[_~ ~. 1- c_L~.cLI___L_ T ! - i 'l I : I I i -- --- --- .--- ---- ----.---- ------------___-'-----_ ___I T"'Uti Sj,~. Ib:liuKIc' ~b 11l1'/? I.CIII):!i!.IlI-:', .1l1.C.?8~'J.ll_... !&nli fie.cl ~iLC. Mnlliplt Sil~\_ R~(cl'lrI' . . $ &1~;; -- -----------------1 SI)/"'''c': .?OOl !/Y Cf.mll~ n(i/~R h!..'f 'JI'L. OFt."!!'! '. Bmw"r,,,,". .."tid W'hlr.I,II~\rlr.l: ,SWI.j. l;"n,do,,~ W~.." t:::~::t ("h~l!"n,1 ." Ih.Ir.,,,1$ ... Hl~~k It'''i!$ n("",r~~nr Fl Mile R:tdill': k..! :\:". :''';/" '.';!. 'C,':' _.....,.,. ---------1-- ~~~- -,-I /~----~---~I--~~ \ / V __--__ \ --------- -,- V / ",,- /" ------------. I j \ ."V ~';1i l-..,.'t.. '~q.' "1:,. . l. "4;-;;":; ,:l' - "_--- __.-.-:-----c. /' I / I--j I I 1--- Environmental FirstSearch ,75 Mile Radius AAI: Multiple Databases 8536 COLLIER BLVD. NAPLES FL 34-114 (--~ ,~ .J ~~------ , I'....,"'tl'l<'<<~tyl FIRS!', I \1 ~- // I : / r---- ---- ~---t"-----~----- /// 'r' I ""-,, , '\ //' /" i ......,_. \ ...../. .,/r" I' 1---------"- ------- ~:=~-:'\ r I L____L__L_~__[l_~__.L__J___J i I , -------------------------/ I I mll,~1: tlm;j~ Ilepr.;..l"1 L.... \.file f(3dil'\; ie,., i~;,.; J,.;.~,.: ,,~. '~H'" ".l'!' l< ! 1______-----,--------_._--------,---------------------__.____.___________________________________________________J .'Iowa: }nOlIf.S Cr'II.WS n(;U? Fi/1?s rZrg,nSifc fl~"\li""k2f.,.lll~n 1.l'l'l~;I{I~, .~I.')8:1'.HJ.... . l.l....uinr<l :\;t~. .\It.Jllipl~S;IC~.l<"Cllpltll. . N['L. m.:U:PI . UT(lw'lr,~iJ. Sohd Wr.,h: l.nnJl1l1 ($\\'1.1. Ha:t.;uo.!tl:J.; W~~le Tril'albln,l tl:1ilru~,Js 1r i3 ilil " [~Z:! ;~:'.':'-i ..;.\r 'Ii'{~,.; .\' ~ i i ! i : i Ii! ! ~ I t1 i ! Ii<<:_ i i i 'I I . I____L__ Environmental FirslSearch 5 Mile Radius MI SPILLS90, RCRAGEN, ERNS, UST, OTHER 8536 COLLIER BLVD, NAPLES FL 34114 ..-----.--~---- // "------. I ( \ \ \, , '--... c------...... + ) ~---,/ \ ". -, "- ....,. ..'........ -""....... I .,-......._----------------,...".,_.-~ I~~--~--~--~ - --- -~~~_w-~1'-'-------------~-------------1 ' _--- I ///------ -'-.---- -""- Ii /- '--...---.. -",/ .......'" // ""'! \\ . \ ) / / I / // --~ ------ ~,._,-_.~,- -----'-----'_._---------",--- ------------------ I s(}U,~!\.: 20tH C s_ CfWw,t TlGf:"t? FiA'.. i "(:U}l.Cl $il~ [l3\i'"/k 21.11n'n "lnH;h~k .tl,I>;'12?4J... .. j k1r-l\l;li~d Sil(". ~llltlirlc S;ICI, I-ttccplQr ~JM.. i)Fl.l'H"!.. H"l~.M~Id. SuM WI~k r.>:"dlill tSWl.l. H:ll:II"Io..~ W.;U" T,;hlllbntl. . j{gilm:l-:Jt.. ! I"",-,~ {,i"ll~ P. ep"".'-'!! ; -.~ \1;'" li...<I;",: " ;C ''',. :' <, < '-. "" '-~"., ('. I' ,;.,!.." ,IT ,r i2 l1!ll !!l : I , 1_- ______________'_________._______,_____________. \\ \ ) I / / / ..J'" / ,// / /' t",nvltuarlt... FIRST --------1 I I I : I -- i -"--------------------,,__,,______,__ _.i i I .---.-.--------..] ! APPENDIX IV Historical Research Documentation N W-<til},. E tt v s FIGURE JV~1 AERIAL PHOTOGRAPH 1940 ~ -a Ard,'lJTt.m 4. Associates. fnc. ~ G~olecl1nicaJ, Environmental and M<!te-ti~.Co')su:tan1s PI-lASE f E SJl. 1 HAMI\.fQCV. rM~K COMMERCE CENTER ~Ol.l,'r::(;otJf\ITy"~1 r.lr.!"-\\"\Hy Sl '::~~"'RG Ittae: 02107 :::~! '~~~:;:~,;:~~~~ 1989 Aerial Pholograph N W '4Ctt> E S ... W Ardaman & Ass-ociates, Inc. __ __ __A..._. Geotechl1i.r:.aI. !3:nvirMmenht! ...,.--. and at n Is 'onsullants FIGURE IV~2 AERiAL PHOTOGRAPHS PHASE r ESA HAMMOCK PARK COMMERCE CENTER NAPLES, COlLlEH CUUNlY. FLORfDA APPENDIX V Site Photographs Photo 1: Northeast area of the subject site looking south. Photo 3: Southeast corner of the subject site looking west. Photo 5: Sou(hwest corner 01 the subject site looking east Photo 2: Northeast area of the subject site looklng west. Photo -4: Southeast comer of thQ subject site looking north. Photo C: Southwest comet of the subject site looking north. Photo 7: Northwest comer of the subject site Jooldng east Photo 9: Central area 01 the subject site looking west from the power fine. Phot() 11: Solid waste observed on ~ha subject srte Pholo 8' Northwest corner of the subject s'rte looking south. Photo 10: Central area or the subject site looking east (rom the power line. Phota 12: Soiid wa-ste (.Ib!l~r'Ved on (he subject site. APPENDIX VI Interview Documentation .., ,:- ..&. ... Ardaman & Associates, Inc. Geot!lCl1nlC31. E(w:rcM~13!lr~1 and MateriElI.., C:)n511!lad~ I'ebruary 1, 2007 File No_ 07-4711 Sembler-Rat!lesnake LLC 5858 Central A venue St Petersburg, Florida 33707 SUBJECT: Environmental Questionnaire and Disclosure Statement for the 20-Acres located at Rattlesnake Hammock and Collier Boulevard, Naples, Collier County, Florida Gentlemen: We are enclosing a copy of om Environmental Questionnaire and Disclosure Statement, which is to be completed hy the owner of a property on which we conduct an Environmental Site Assessment (ESA)_ The completed questionnaire will provide intormation vital to identifying areas of environmental conoern on the subjecl property at the above-referenced location. Please complete this questionnaire, to the best of your ability, and immediately return il to us so we may perform the remainder of the ESA as described in our technical proposal submitted to Mr. Michael Troxell of The Semblcr Company_ We will include the completed questionnaire as part of the fill_al ESA report. Please C<lntact <lUC ollice should you have any qu~s(ions concerning this questionnaire_ Very truly yours, ARDAMAN & ASSOCIATES, INC. ~~~, ~e~IS" _ tnvlrorunenta CfenllSI Enclosures }!Ht; rL.,..;~f1~, R..:...'.:r. 1-,:1'"_ ()r.h:!C,;'fl I-Ji:i(t/W,(";"'::'"l t'/()(i"h :~:;911 ARDAMAN & ASSOCIATES, INC. Geoteronic.af, EllvffOnrlW:/ltal. and Malefials COIlSliltunt ENVIRONMENTAL QUESTIONNAIRE AND DISCLOSURE STATEMENT PRDJECTltDCATlON: . _ / FtLE NO: ____~."',....__,_.',i<::_j>~__.LJ1 ~M_,llr~ e"rtl'i----) HISTORY: Original Construcuon (date): ~..j/A .{ ~:o..c.;.......-t. To the best of your Knowledge has Ihe subject property ever been used as the following? ( ) 1'11<:.10 Developing Lab l i Junkyard I Landfill ( I Gasoline Slalion ( ) \Naste treatment - ( ) Auto Repair Facility l ) Storage ( ) Commercial Printing Facility ( ) Disposal ( ) Dry Cleaners ( ) Processing ( i Industrial Facility rf l ) Recycling Facility ( ) Herbicida or Pesticide Mixing or None Storage Facility I Unknown ) Marlna Does the ownerloccupant halJ9 any kno.....Aedge of the following reports for the subject property that may exist or are p3',ding for the subject properly? (I' Environmental Site Assessments ) Tank Closure Assessment Report 00 Ph.se I ) Hazardous Wast.. Generator Notice or Reporl ( ) Phase II ) Environmental Compltance Audit Report ( ) Contamination Sfta Assessment Report. ) None ( ) Risk Assessments ) Geotechnical andlor Hydrogeologic Reports If yes, can copies beproYlded?:t... Yes _ No (;4 i\.c),~~_" I i\.,.,,,., Does the ownerloccupclnt have any knowledge of the following items that may exis.t or is pending the SUbject property? ( ) EnVlroomenl.al Liens { ) Environmental Violations. ( ) Deed Reslriction -- Environmental ( Engineering an.Lf/or Institulional Controls) ( ) Enforcemenl Actions I Administrative ( ) Lawsuits re: Hazardous substance release M None Does the owner/occupant have any knowledge of ltlc following environmental pennils thut may exist or are pending tor the subject property? ( } Solid Waste Disposal Permits ( ) NPOES Permits ( ) Haz.rdouS Waste Disposal Permits ( ) UndergrOlln<l Injection permrtslR"'Jlstralions ( ) Waslew.aref Permits W None To the best or your !mowledge have (he adJacenl properties ever been used as the following? ( ) Photo Developing Lall I ) Junkyard , Landfill ( ) Gasoline Station ( ) Waste trealment - ( ) AlIlo Repair r.cillly ( ) Storage ( ) Commercial Prinling Facility ( ) Disposal ( ) Dry Cleaners ( ) Processing ( : IndoslIiat Filc;li!,! l ) Recycling F~ciHty ( j 1-I€rbIClde <)r PestIcide Mixing Of ( ) None Sto~(;ge r adfity 'W UUknown ( ) f'.'1arrna PROPERTY DESCRIPTION ~_Acres pO Undeveloped Land ( ) PaVIng & Utility Improvements ( ) Occupied (. ) Unoccupied Uhlilies Serving the Subject Property? N !,.. ( ) Municipal Water ( ) Municipal Sewer ( ) Septic Tank ( ) Potable Well Water ( ) I rligation Well ( ) Building Impro",ments ( ) Fenced ) OiliWater Separalor ) Floor Drains ) Grease Trap ) Starn' Oralns Ne there currently. or 10 the best or your knowledge any topographic alleralions sud1 as? ( ) Fill Dirt Operations ( ) Stained Soil ( ) EXcElVations t ))lurialor Bum Plls ( ) Waste Disposal Ponds or Lagoons 9Q None The means of heating and cooling fhe building? N/A> ( ) Heating 011 ( ) Electric ) Propane f Natural Gns ) Radialors Are there currently, or 10 lhe beslofyour knowledge have tl~re ever been any? Yes I Unknown Above-ground Tanks - Size & Content Yes 0 Unknown UndergrOund.TankS - Size & Content Yes Unknown Monitor Wells Yes Unknown Vent Pipes, Fill Pipes Yes Unknown Hydraulic Urls Yas Unknown Transformers Yes Unknown Industria! Drums Yes ~ Unknovm Callie Pens Yes (@. Unknown GatUe Dipping Vnts Is there any known or suspec.1ed . Yes ~ Unknown Yes Unknown Ves 0 Unknown Asbestos Containing Materials in the Buildings Polychlonnated Biphenyls (PCB's! in el",,!Tical equipmenl Radon Gas II) BUildings IS there currently. or has there ever been or possible suspicion of past occurrences or- Yes 10 Unknown Grou(ldwater Contatninalion Yes 0 UnknO'Nn Soil contamination Yes 0 Unknown Landfill f Burial Activity Ves ,Unknown Chemical! Petroleum Spills y os ~ Unknown Strong Odors Are th~rrenllY or to the best 01 your knowledge have Ihere evef bean any tnonrtoring 1Of: Ves ~ Unknown Groundwater Quality Yes i!l!~ Un. "Own Potabte Waler O1l2lity Yes If::!9/ Unknown AIr Quality Are there currentry any of (he. foUowmg Plans ror the subject property: ( i COlnfTHlnjtl' Ri~llit Tn Know Pl~)H ( J Pmparf:dness 4,nd Prevention Plans ( ) Safety Plans ) Spill Prevention. CQ{Jntermeasure, and Control rl~ns Ale Of have [here evef been any of the folloWll"lg chemicals Of other hazardous materials stored on s.tlet? ( ) Peltoleum Products ( ) Solvenls ( ) Caustic ( ) Degreasers ( ) Lead. (_ ~Other ( } Automotivcltndustrial 8aHeries ( ) ACIds ~ None Do you have MSOS sheets available on sIte? _ Yes _No Have pesticktes. herbicides or other agricultural chemtcals been stored. mixed, applied or disposed of allh. prope,iy? Yes @ Unknown Descnbe any '.\lasles generaled, slored, Of disposed of: TYPES QUANTITY PER MONTH DISPOSAL METHOD -.-- -- -- -- . AtLaCh frsl Qr cantll"luc 0" bad( oIlhls; pag& If nece$5l1ry. Are the mani1ests availabte (or review on site? Yes __No Pro""fty Owner Only: How long have you owned Ihe property? ~~~<L c,"\I-'\'\,"'-\'''' ~O()5 Has the property's purchase pnce been reduced because of envir9nrnantal isslieS due to the presence or hazardous subs lances or petroleum products? _._ Yes -YNo As the peesent OWTmrfoccupant ot the property, Of as an officer or a general partner of Ole present owner of the property (or the duly authorized repraSenlalhre or such owner), I hereby C€/1ify to and for !.he benefit of lenderfpurchnser Ihat to the tK.>s~ of my k.nowledge, the information disclosed above is true and coned. <;~",loi". ~~-.\, P~..,~>l,1' /:tilt u,z. ._--. ~~~"-?-- (Signalure) ___._S....-."r --fr":f"" I'\.~ ,. '6'/ (Tille) Inlervi6W OOCllmentation Q9.~..E.Q..~1.j !Dl~fV"'w~J. Q'lmer Interview T efephone Intelview: Occupant lnlervrew (hR7s{i~)nnaile I Marfeo Sent To' APPENDIX VII Resumes SARA E. LEGGEn ENVIRONMENTAL SCIENTIST ARDAMAN & ASSOCIATES, INC. ii~--~ . .~IOIlI.Ti-'-fBj'"-'."' ''":1'' EDUCATION: .._.- '-",,"",,-~~'~" ~ .-: Bachelor of Science, Environmental Science, June 1997 University ofT aleda, Toledo, OH Present: PROFESSIONAL HISTORY: Environmental Scientist Ardaman 8< Associates, Inc" Fort Myers, Florida 2001 to 05/Z005 2000 to 2001 1999 to 2000 1997 to 1998 CERTIFICATIONS Responsible for Phase, and Phase II Environmental Site Assessments (ESA) and Contamination Assessments_ Responsibilities include determining and performing scope of selVices and reporting for environmental projects_ Environmental Speclaiistll Lee County Pollution Prevention, Fort Myers, Florida Responsibilities involved pUblic industry inspection_ Determining hezardous waste generator stalus, amount of wasle generated end disposal location_ Maintaining current knowledge of Resource Conservalion and Recovel)' Act and Florida Codes, Duties included instruclion of Best Management Practices and administering proper record keeping_ Environmental Specialist Lee County Department of Health, Fort Myers, Florida Responsibiiities involved investigation of septic system installalion accuracies, pre--conslruciion evaluation of soil types and water table levels, and new home septic system inspection for correct elevation_ Duties Included safety regulalion enforcement for swimming pools, condos and apartment buildings and exemining fosler homes for child safety_ Chamist Collier County Government, Naples. Florida Responsible for testing surface end groundwater samples for Collier County_ Duties included creating and ulilizing spreadsheets in Excel. Participated on safely committee for emergency situations (ie. hurricane, fire and bomb)_ Compliance Offtcer Trans-Envlro. Inc_. Cleveland, OH Successfully passed two DOT audits. Responsible for individual state permitting, DOT compliance, fuel taxes and mileage reporting for multi-slales_ Aliained knowledge of CFR 40, 49, 29: EPA, DOT, OSHA. Trained all drivers for 8-hour DOT safety class_ ."'_.~ HAZWOPER Refresher Course - April 26, 2006 Certified Environmental SpeCialist in On site Wastewater Treatment from the Department or Health - Sept. 15,2000 HM-181, HM-126F, HM-215A, "Train Ihe Traina( Inslruclors Certificate - Fell_ 25, 1996 Hazardous MaterialsMfaste Training - December 22 ~ 23, 1997 40-11,- HAZWOPER treining, Sept. 11, 1997 II!i!lIlIV '\'Ii Ardaman e_ Associates, Inc ~ ROXANNE GAUSE, P_E_ SENIOR ENVIRONMENTAL ENGINEER ARDAMAN & ASSOCIATES, INC. ~~ ..-.._.:...........~... .... . . '.....,..~""'".., ."". ~~ .~tl i.il!ti:i!. '-'..o.-~~:MlliiU EDUCATION: Bachelor of Science in Civil Engifleering (Environmental), Depanmenl of Civil Englheering & Mechanics. University of South Florida, May 1991 POSI G(aduale Studies. University of South Florida Bachelor of Arts ill Sociology, College of Liberal Arts, University of West Florida, Pensacola. Florida 1911 PROFESSIONAL HISTORY: PREseNT SENIOR ENVIROHMENTAL ENGINEER Ardaman & Associates, Inc., FOr1 MyerslNaples, Office Responsible for conducting Phase I historical assessments and Phase II exploratory assessments of potentially and known contaminaled sITes. Initial Remedial Assessments (IRA), Site Assessment Repor1s (SAR), Tank Closures, organizing and supelVising remedial operations. Ucensed Asbestos Consultant, responsible for overseeing Asbestos Surveys and Abatement Projects. Client liaison, Involved in initial proposals and services pricing, preparation and presentation of specific engineering projects and subsequent reporting of rEI suIts and recommendations. t 993 TO June 2000 PROJECT ENGINEER Ardaman & Assoclates, Inc., Sarasota, Florida Licensed Asbestos Consultan!. responsible for Asbestos Surveys, Phase J and Phase II Environmental Site Assessments (ESA) and Contamination Assessments and Tank Closures. Responsibilnies include delermtning and performing scope of services and reporting for environmental projects. 1992 to t993 ENGINEER Department of Environmental Protecnon Departmenl ot Oomeslic Waste Compliance, Enforcement and Permitting. Temporary operation permits, NPDES compliance inspecUons, wastewater nulden! dischatge studies, and site inspeclions for plants greater than one mlliion gallons per day 199110 1992 PROJECT E:NGINEER Wilson. Mille(, Barton & Peek, Inc. Ulility and Wastewater Design PROFESSIONAL REGISTRATION'S: Regislered ProfeSSIonal Engineet, State of Florida. 199B. No. 53261 Engineer Intern, Slale of Florida 1991 Licensed Asbestos Consultant. No. 0046 PROFESSIOIlAL AFFlllA TlONS: Brownfield Advisol)' 8oan.i Member for The City of Fort Myers, Florida Brownfield Redevelopment progtam Florida Engineering Sociely (FES) Chi Epsilon IEl'l'V Ardama.'l /1 ^!;~..')ci1Jtcs. lot rmA, ROXANNE GAUSE, P.E. SENIOR ENVIRONMENTAL ENGINEER ARDAMAN & ASSOCIATES, INC_ . :"'l",\.8:U ~~',",""""'" 1.,( .,,,.....,, lI:iIII"'-....u~. ~- -ll.~ CONTINUED; HONORARY AWARDS: Florida Engineertng Society, Calusa Chapler, Outstanding SeNice Award, 1999, 2002-2004 GER TIFICA TfON{TRAINlNG: University of Florida TREEO - Center Asbeslos Abatement Refresher: Facility Survey and Building Systems (Reaccreditalion for Inspeclor Under TSCA Tille II/AHERA - November 7, 2006. Certificate No_ R060286-6496_ University of Flonds TREEO Canler . Asbestos Abatement Refresher: Management Planning (Reaccreditation for Management Planner Under TSCA Title IIIAHERA) - November 7,2006 Certificate No. R060286.6497 University of Florida TREEO Center - A5bestos Abatement Refresher; Projed Management and Supervision (Reaccreditation for Contractor/Supervisor Under TSCA Title IIJAHERA and NESHAP) - November B, 2006 Certificate No. R0602BS-7865 Vern Roberts Environmental TrainIng. Inc. 4 Asbestos Abatement Refresher: Project Design: Odober 10, 2006 40 Hrs. Hazardous Waste Operations and Emergency Response 8 Hours HAZWOPER Relresher - OHWOC.503105, Aptil 2B, 2006 ~ ~ Anhan.,ln & ^."fioci(m~5, k:r; ~ EXHIBIT 21 PHASE I ARCHAEOLOGICAL ASSESSMENT BY ARCHAEOLOGICAL AND HISTORICAL CONSERVANCY A Phase One Archaeological Assessment of the Toll-Rattlesnake Parcel, Collier County, Florida by John G. Beriault, B.A. Craig A. Weaver, M.A_G. conducted under the direction of Robert S_ Carr, M_S_ Archaeological and Historical Conservancy for Sembler Company, lnc. .'\He Technical Report #678 December 200S 200S 142 Table of Contents List of Figures Consultant Summary Project Setting Prev ious Research Cultural Summary Methodology Results and Conclusions Summary of Sites Recommendations References Cited Appendix] , Toll-Rattlesnake Parcel General Field Specimen Log Appendix 2: Jump Start Hammock Field Specimen Log Appendix 3: Toll-Rattlesnake Parcel Shovel Test and Target Log Appendix 4: Toll-Rattlesnake Parcel Survey Log Appendix 5: Toll-Rattlesnake Parcel Site Fonns Ii 6 10 20 23 25 37 39 47 48 50 65 69 Ust of Figures L Map of Toll-Rattlesnake Parcel project area 2 2_ Aerial photograph of the Toll-Rattlesnake parcel 3. Map of the Toll-Rattlesnake parcel area showing selected targets 22 and archaeological sites. 4_ View northwest, Clamshell Cove Midden Site 8CR878 28 5_ Abraded sand-tempered plain body sherd found at BeRa78_ 28 6_ View east at the bamrnocl< containing the White Shelll-Iamrnock Site, 8CR879 30 7_ A Busycon contrarium columella "chisel" or gouge found at 8CR879 30 8. Deep Marsh Hammock Site (8CR880) showing location of shovel tests 32 9. View north at pond apple swamp south of Deep Marsh I-Iammock, 8CR880 33 10_ View north at Gene Erjavec sifting material from Shovel Test 6 in 8CR880 3J Ii. Jumpstartl:-lammock Site (BCR881) showing location of shovel tesls, 35 site and buffer boundaries 12- View west at Gene Erjavec sifting material from Shovel Test 1 in 8CR88 t 36 13_ View northeast at apple pond slough sOlltheast of the Jump-Stal1 Hammock Sile 36 It COIISIlIt~iDt SlImmsry In October through December 2005, the Archaeological and Historical Conservancy lnc_ (AHC) conducted an archaeological assessment for the Sembler Company, lnc_ of the Toll-Rattlesnake parcel located east of State Road 951 and spanning the north and south sides of Sabal Palm Road in southwestern Collier County_ The +2300 acre parcel was surveyed to locate sites of archaeological and/or historical significance. This assessment represents the completion of an earlier stage of survey, when the parcel foolprint was smaller. This assessment was conducted in accordance with Section 106 of the National Historic Preservation Act of 1966 (Public Law 89-665), as amended in 1992, and 36 C.F.R., Part 800: Protection of Historic Properties_ The work and the report confolm to the specifications set forth in Chapter lA-46, Florida Administrati ve Code. The parcel encompasses parts of Sections 11, 12, 13, 14.23,24,25 in Township 50S, Range 26E and Sections 18, 19, and 30 in Township 50S, Range 27E. The parcel is an area of mixed impacts and natural areas contaimng tropical hardwood hammocks. sloughs, deep marshes, and slash pine and cypress communities. The parcel con/ams one structure, a modem hunting camp_ None of the structures on the parcel are in excess of 50 years old. This assessment resulted in the identification of thil1y-six targets or anomaltes which were identified as being possible hanunocks that could be associated with archaeological sites_ A total of ninety five shovel tests (45 cm square) were dug across the parcel on selected medium to high probability targets. usually oak, cabbage palm, or Iwdwood hammocks_ These tests were excavated to sterile sediments or to limestone caproclc Five prehistoric sites were documented on the parcel. Four of these were previously unrecorded (CR878-88!) and one site, 8CR556, was previously recorded_ Tile four previously unrecorded sites are the Clamshell Cove Midden (8CR878), White Shell Hammock Midden (8CR879), Deep Marsh Hammock Midden (8CR880). and the Jllmp- Start Hammock Midden (8eR88!). Three sites were delineated with systematic shovel testing_ The other two sites are small and are encompassed with III discreet llpland hammock "islands_" All five are regarded as being of local significance, of which three axe potentially eligible for listing on the National Register of Historic Places, based on criteria (d) for sites "that have yielded or may be likely to yield, information imporlanl in history or prehistory" important to southwest Florida. Sites CR556, CR878, CR879, CR880, and CR88l should be preserved if possible If preselvation of all or parts of these five sites is not feasible. Ihen additional archaeological investigations should be conducted there to fully assess IIlerr significance_ There are also three other areas of archaeological concem. Targets 3, 13 and 18, which should be further investigated if developmental plans call for these ,l1ree areas to be impacted. Although OUr phase 1 testing there yielded no archaeological materials, a phase 2 investigation is recommended because of the possibility that such materials mighl occur Fignre 1. Map ofllie Toll-Rattlesnake parcel area l__., J I Mile ~ I\J I 0 114 1i2 I USGS MAfS: SELLE j\jJF.:ADE AND SELLE MEAD{: N'!~L-___ 2 li"mject SeWllg The subject parcel is located in parts of Sections 11, 12, 13, J4, 23, 24, and 25 in Township 50S, Range 26E and Sections 18, 19, and 30 in Township 50S, Range 27E east of State Road 951 and immediately soulh and nOlth of Sabal Palm Road in the Rattlesnake Hammock/Sabal Palm Road area of southwestern Colher County, Florida (Figure 1) The;' 2300 acre project area is a many-sided polygon with sides more or less oriented to the cardinal points, containing several smaller outparcels which are not subjects of the present slU"vey (Figure 2). The relevant USGS maps are Belle Meade and Belle Meade NW, Fla The Toll-Rattlesnake par'cel is situated near the eastern side of an extensive and amorphous series of cabbage palm, live oak, tropical hardwood hammocks flanked by and containing deep marsh/slough systems_ This area is collectively known as Rattlesnake Hammock_ This several-square mile area contains great floristic and topographic diversity_ High ground areas include live oak/saw palmelto/cabbage palm hammocks with varying percentages of tropical hardwoods that can include myrsine, white indigo berry, white stopper, camrhOlwood, soft-leafed and shiny leafed wild coffee, wild lime, lancewood, strangler fig, gulf gray [wig, gumbo limbo, willow bustic, mastic, hog plum, coral bean, fire bush, hackberry, red mulberry, and others_ Other mode,'ately high-ground areas are rounded slash pinel saw palmetto islands containing red bay, dahoon holly, myrsine, staggerhush, rusty Iyonia, pennyroy~1 mint, gallbelTY, rems. and wax myrtle among other planls_ Flanking these high ground areas and running as north, south linear transverse depressions are deep sloughs and bald cypress swamps and marsh ponds. These areas even with present-day drainage activities contain standing water much of the year and support a rich diversity of plant and animal life. Some of the plant species present incluoe cordgrasses (Sparlina spp.) and succulent marsh plants sLlch as pickerelweed (Ponlederia lanceolata) and alTowhead (Sagiaaria spp) and ferns such as swamp fern (Blechnum serrulalum), Thelypteris and Osmunda ferns. The deep open marshes of the area are likely relict burnt cypress solution holes and pond features as evinced by the abundanl dead snags and logs of that species. At present, many of Ihese features contain pop ash (Fraxinus carolznial1a), pond apple (AI1nona glabra), coaslal plain willow (Salix carolil1iana), and buttonbush. Many acres, particularly in the eastern part of the parcel contain extensive areas of open, low "hatrack" cypress which are flooded much of the year. Many of the individual trees, though stunted, are quite old_ Selective cOling of these and similar cypress has revealed many of these broad-buttressed trees can be several centuries old. All of these environmental zones were heavily exploited by prehistoric Indians, early white settlers, and more recently recre~tional hunters_ The geology of the Rattlesnake Hammock area is characterized by sotutioned limestone caprock lying exposed or overlain to various depths by sands or shelly marIs. In cypress sloughs, but particularly in cypress dome/solution ponds there are potenltally deep deposits of muck or peat. A fine tan sand found extensively in the district is ImmokaJee fine sand which usually overlies relict marine depOSIts of shelly marl ;Jt1d marly limestone caprock that are part of the Pleistocene Caloosahatchee and Fort Thompson formations 3 These maline marls contain lenses and deposits of clay intermixed with varying percentages of sand_ These clays may have heen a source for ceramic manufacture by the Formative period Native Americans_ Mantling the lmmokalee sands are windblown deposits of gray sands of varying depths. Other areas contain tan and gray sand surfaciaJ zones overlying a dense brown sand spodic horizon (often referred to as "hardpan")_ This formation is a zone of organic leaching accumulation_ Occasionally, harder "nuggets" or nodules of an iron oxide precipitate will be found in this zone, which is sometimes a basal archaeological zone_ Both the Caloosahatchee and Fort Thompson marls and the associated limestone caprock contain the index fossil bivalve, Chione cancellata. in quantity. Depths of sand or marl overburden seldom exceed 70 centimeters_ Many higher ground formations in the area appear to be bedrock unconformities that consist of fully exposed tabular slabs of limestone caprock containing numerous rounded solution holes_ 4 I Figl!Te 2_ Aerial photograph of the ToU-Rattlesnake pmcel j I I ! I ! @ N ~j o "114 112 -1 Mile applox. I ------------___._____-.-1 Previolls Researcb Southwest Florida has been a focus of archaeological investigations since the 1880s, although much of the early work was directed toward the recovery of museum quality artifacts rather than understanding cultural processes. Griffm (1988:48-50) discussed some of the very early references to archaeological siles in south Florida_ He noted that these early reports were mostly casual observations, and few appear to refer to southwest Florida, but rather refer to the southeast and Key West areas_ Kenworthy's (1883) infolmal report on shell mounds and ancient canals was one of the first reports of Southwest Florida archaeological sites_ At about the same time as Kenworthy's investigations, Simons (1884) gave a narrative account of some of the very large coastal shell middens, and Douglass (1885) provided further infonnation about prehistoric canals (although he did not accept that they were prehistoric)_ One descnbed canal near Gordon's Pass is probably the Naples Canal (8CR59), and one further north may be the Pineland Canal. Douglass' diaries record excavations of a post-contact era sile (8CR41) on Horrs Island, as evidenced by the presence of European artifacts (Griffin, 1988:50-51). Douglass visited Lostman's River and other areas in the Ten Thousand Island area, and a visit to Horrs Island was briefly narraled in Douglass (1890)_ In 1895 Dumford reported that cordage and other artifacts were recovered from " mangrove muck pond on Marco Island (site 8CR49)_ The material was shown 10 Cushing, who mounted a major project to recover more matcrial li-orn the sitc. Cushing (1897) reported recovering wood and olher perishable artifacts from the muck pond on Marco Island, adjacent to a large shell works and midden village site_ Publication of illustratiOns of the spectacular finds generated a great deal of subsequent interest. Wells M_ Sawyer, a young artist accomponying the expedition, produced an excellent and presumably accurate contour map for the entire Key Marco Shell Midden_ This mal' is valuable to present-day efforts in understanding many of the now obliterated features and interpreting (reconstructing) the "architecture" of the shell midden. Widmer (1983) noles that Cushing also focused attention on the nonagricultural chiefdom level oC social organization supported by the rich estuary and marine resources, although his anthropological observations have remained overshadowed by the wealth of artifacts Moore (1900, 1905, 1907) investigated a number of sites along the Collier/Lee County coast, apparently allempting to find material comparable to Cushing's fmds_ Although Moore provided information about site locations and general contents, most oC his WO["k was extremely crude and uncontrolled, by both contemporary arChaeological standards, and by modem standards_ The first attempt to systematically survey and investigate archaeological sites was initiated by Ales Hrdlicka, who visited a number of sites along the coast and tidal mangrove estuaries in 19\8, focusing on the Ten Thousand lsland region (Hnlhcka 1922)_ Hrdlicka noted that southwesl Florida was a distinct region within south Florida and made an allemp! to type sites by function. Matthew Stirling's (1931,1933) excavation ofa burial mound on Hon-s Islnnd represents one of the first controlled excavations in Collier/Lee Counties (although he a!tempted stratigraphic control, Cushing had little success in his wet site excavation) The site W8S named the Blue Hill Mound, but it is not recorded under that name in the FMSF (either as a primary or secondary name), so it is unclear exactly which site he excavated, although it was probably site 8CR41 (McMichaels, 1982). These repOt1s by Stirl ing ale preliminary, and apparently neither a final report nor a skeletal analysis h<ls been published. John M. Goggin was the first to define a south Florida cultural area (Glades Alea), and describe south Florida ceramics (Glades ware), establishing a basis fOI Inlel archaeological work. He published an analysis of the ceramic sequence in south Florida (Goggin, 1939, 1940)_ In later reports (Goggin, 1947, I 949a, 1949b), he fOItl1ulnled a basic framework of cultural areas and chronologies that IS still cun-ent (8lthougl1 modifications with additional data have been made, see furthel discussion below)_ Goggin (1949b) summarized much of this informatIOn in an unpublished manuscript, which Gliffin (1988) thoroughly described_ In passing, one unfortunate aspect of Goggtn'S worle was a dependence on infonll~nt infonnation for location of sites (especially interior sttes) and he had a real concern ,h81 existing sites would be looted_ This concern resulted in his eithet deliberately or incidentally reporting vague locational data for many sites. Some of these sites have neve,- been satisfactorily relocated, although a few have undoubtedly been re-recorded by later investigators. For several decades, much of the subsequent archaeological investigations in ,he region took place In Lee and Charlotte Counties, especi~lIy in the Cape Haze, Charlotte H~rbor and Pine Island areas. It is rumored that Goggin had a "gentleman's agreement" with many of the other leading practicing Flolida archaeologists of the time Ihat the South Florida area was his exclusive province to investigate_ If this rumor is correct, it might explain the neglect shown the southwest Florida area in the archaeological arena fi-ol11 the end ofWorJd War II to Goggin's death in 1964 In 1956, Sears reported on a large village and mound complex at the mouth of Turner Rjver on Chokoloskee Bay south of Marco Island, and in 1967 he repOt1ed On the resulJs of a survey of the Cape Coral area (Sears, 1956, 1957)_ Laxson (1966) reported on excavations at Turner River Jungle Garden site, which is upriver from the Turner River site, although these have been confused in recent accounts_ Van Beck and Van Beck (1965) excavated three small test pits on Marco Island (at the Marco midden, 8CR48) associated with tbe Cushing site (8CR49). The resulting publication of this work was some of the first repo'ted scientJlic archaeological \Vork to come from the southwest Florida area in nearly twenty years (Van Beck and Vall Beck. 1965). In \967 through 1969, Marco Island was extensively surveyed and a few sites were tested through excavation by Cockrell, Monell, and others (Monell, 1969)_ No complete slle 7 report was ever published, although an unpubl ished and incomplete manuscript is available. Some of these sites were discussed in Cockrell's master's thesls (1970). Widmer perfonned a survey of Big Key, John Stevens Creek, Barfield Bay, Blue Hill Bay, and Collier Bay, which are proximal to Marco lsland (Widmer, 1974) Widmer eventually utilized his southwest coast experience to write a doctoral dtsserlaltOn on the Calusa that not only remains the definitive work on that group, but also explored the relationship between subsistence adaptation and cultural evolution (Widmer. 1983)_ In Lee County, Arlene Fradkin and other investigators from the Untversity of Florida began an ongoing mvolvement with the Pine Island SoundlSanibel Island area in the 1970s. Her first investigations were at the Wightman site on northern Sanibel Island (Fradkin, 1976). Several archaeologists excavated at Horrs Island in the I 980s. McMichaels (1982) reviewed sites on Hans Island in a Master's thesis_ In 1983, Marquardt began a series of investigations at Josslyn Key, Useppa Island, Pineland, Buck Key, Galt [sland in Lee County, and at Big Mound Key in Charlotte County (Marquardt, 1984, 1987, 1988, 1992). Marquardt and Russo have investigated EOITS Island in Collier County_ A number of the large shell midden village sites they excavated appear to be late -"rchaic, and they expect to document a more elaborate social organization at these sites and larger sedentary or semi-sedentary population sizes than previously known for that period (Russo, 1990, and pers. comm.)_ Most of these studies focused on the coastal sites, as have subsequent summaries and discussions. Recent work on the interior has made significant advances in docume'1ting the extent and intensity of inland resources, especially in the Big Cypress and Everglades parks (Ehrenhard et al., 1978, 1979; Ehrenhard and Taylor 1980; Ehrenhard el (II.. 1980; Taylor and Komara \983; Taylor, 1984, 1985). Griffin's (1988) syn,hesis of the Everglades Park data is the defining work on south Florida archaeology to date_ Athens (\983) summarized some ofthc results of the Big Cypress survey, bul more analysis of this data resource is needed. Beriault and colleag\les (1981) reported on salvage excavations at Bay West Nursery (8CR200). Their description of the site includes a well known but rare and infrequently documented Early and Middle Archaic use of ponds for cemeteries. In 1995, Widmer and Story began an ongoing investigation at the Key Marc.o Midden (Widmer, (996). In the first season they excavated with the help of graduate students and volunteers_ The results of their work have appeared in the Florida AnthropologIst. In the last two decades the pressure of development, as well as a recognized need for preservation or mitigation of prehistoric sites has led to a number of reports by commercial cultural resource management consultants_ While most of these reports are ltmited in scope due to restnction to a small tract of land, many have prodllced lIsef,,1 summaries of regional archa~ology, as well as insighlflll analysis of the relationship between site types and location and ecotypes_ (Almy and Deming, 1982, 1986a, 1986b, 1986c, 1987; Austin, 1987; Carr and Allelton 1988a, 1988b; Deming and Almy, 1987, 1988; Fay and Can' 1990; Fuhnneister et aI., 1990; Martinez, 1977; Miller and Fryman, 1978; Swift and Carr, 1989), Arthur W. Lee, John Beriault and others in the Southwest Florida Archaeological Society (SWFAS) have recorded and investigated a large number of archaeological sites in Collier and Lee Counties, It is an ongoing effort of the Society to publish and disseminale reports and manusclipts (Lee et ai, 1993, 1997, 1998; Beliault, 1973, 1982, 1986, 1987; Beriault and Strader, 1984)_ Many of these reports deal with small interior seasonal sites. This avocationist society is one of the strongest voices for the protec,ion of Collier and Lee County arcbaeological resources, and they have been careful to document Ihell' excavations, the majority of which are salvage operations on sites that have been heavily impacted or threatened with pending development In addition. Beriault has prOVided several unpublished manuscripts as to site types and areas (Beriault 1982, 1987). The Archaeological and Historical Conservancy has investigated several large parcels in the Rattlesnake Hammock area_ In 1993, ABC personnel investigated the Lely Estales Parcel west and directly adjoining the present subject parcel locating seven prehistoric sites (Carr and Steele, 1993). In 1998, AHC personnel conducted a Phase One assessment of the three square mile Winding Cypress adjoining Ihe present subject parcel locating eleven prehistoric sites (Beriault and Carr, 1998)_ In July 2003, the AHC worked in the 43 acre Newton PUD Parcel between JOIU1S and Amity Roads east and adjollllng the present subject parcel and documented four sites including an eastern component of the Buschelman Site, 8CR726 (Beriault 2003)_ [n November, 2003, AHC personnel worked on the proposed CR951 (Collier Blvd) road widening area adjacent to and west of the subject parcel. The area of the weslern (main) part of the Buschelman Sile, 8CR726 to be impacted was examined, and one previously unrecorded archaeological site, the Sable Palm Road Sile, located one half mile south of Ihe Buschelman Sile, was investigated_ In the early 19805, the Southwest Florida Archaeologicol Society through the efforts of John Beriault and Charlie Strader endeavored to record all archaeological siles in COllie. and southern Lee County known to the group. Nearly 100 site forms were submitted 10 the State Site File. One of the sttes in the subject parcel, Hunting Camp Hilllll11ock, 8CR556, is located in the project parcel and was filed at that time by Strader. Berimill h<ld visited the site in 1983 and noted it was a midden with sand. tempered plain ceramics Oil the surface and a recently abandoned modem hunting camp on the site, however. an error was made in recording the distance and direction of the site. The site is actliillly localed approximately 900 feet to the southwest of the location reported In the 1985 site f01"l11. 9 Cultural Summary Stirling was the first to distinguish the indigenous prehistoric cultures of southern Florida in 1936 by defoning a Glades cultural area, including all of south Florida (Carr el al_, t 994b:9; Milamch, 1994:5-6)_ Griffin (1988) pointed out that tllis was not fonnulated as a strict cultural area, but it waS rather a geographic region with some common cultural traits_ Kroeber (1939), in a review of North American prehistory, utilized a slightly different term, the "South Florida Area," basing his defmition on both environmental and cultural factors_ Subsequently Goggin delineated more particular boundaries for southern Florida and divided the region into three sub-areas: "Okeechobee" around Lake Okeechobee, "Tekesta" for southeast Florida and the Florida Keys, and "Calusa" for Southwest Florida (Carr et al., 1994b: 1 0; Goggm, 1947: 114-127). Following Goggin's study, subsequent researchers have refmed or altered the culiural distinctions attributed to southern Florida's prehistoric populations. There has been criticism that Goggin's names and definitions were based on historic accounts of the main (proto) historic groups found in the respective regions and not on the archaeologicnl evidence of spatial, temporal, and cultural differences (Senrs, 1966; Griffon, 1974; Can and Beriault, 1984; Griffin, 1988), Griffm, in particular, questioned the dis,inctions_ He believed that South Florida cultures varied only by local envirorunental conditions and ceramic exchange rates_ Griffin beiieved the inhabitants of prehistoric soulhern Florida were mainly dwelling on the coasl and that the interior was nearly uninhabited and under- utilized. Griffin designated the entire southern Florida region as the "Circum-Glades" area (Eel<, 1997:5, Griffin, 1974:342-346). This new designation for the area was furthered by a widely circulated book on Flonda archaeology by Milanicl1 and Fairbanl(s (1980)_ Grilfm later (1988) retreated to some extent from hiS earlier position as further research (particularly by Elu'enhard, Carr, Komara, and Taylor in the Big Cypress and Carr in the eastem Everglades in the 1970. and 1980s) showed abundant sites (and concomitant use and habitation) in the interior and Everglades_ Carr and Beriault, in particular, have taken issue with the concept of a Circum-Glades region. Can-'s research in the Big Cypress and Everglades and his subsequent analysis demonstrating variation of key cultural markers (particularly in decorated ceramics) formed the basis for this contention_ There is abundant evidence for cullmal (ilnd probably political or tribal) diversity in the various areas of south Florida_ Can and Beriault particularly noted and defined differences between the lower southwest F]orida coast, which they telmed the "Ten Thousand lsland" region, and the area to the north, which they called the "Caloosahatchee" region. This latter area they believed to be the seat of the historic Calusa chiefdomship, although previous (and some subsequent) researchers have called tbe entire southwest Florida from Cape Sable to the Cape Haze peninsula (and beyond) in Charlotte County "Calusa_" Griffin, in his defimtive ] 988 synthesis on Everglades archaeology, attempted 10 reconcile and refine some of the conflict in the definition of south Florida prehistoric and historic culture areas, As stated by Carr and colleagues (1994b), "the isslleH_appears in part to be one of trying to detem1ine the significance of regional and tcmporal variation, rather than whether ihesc differenccs arc rea!." There is evidence that changes through \0 time in regional political affiliations or realties makes any model not addressing tillS complex issue two-dimensional The Calusa hegemony that was in place by the time of the anival of Europeans may have begun as early as 800 AD in the Ten Thousand Island "district" or area (Griffin, 1988:321; Carr et aI., 1994b:12). There is currently ongoing research to further refine present thought as to cultural affi liations in south Florida. It would seem only a matter of time before new directions and emphases provide a more accurate summation of south Florida cultural affinities_ Using the present models, the coastal zones of Collier County and southem Lee County contain three distinct culture areas. Indian Hill on Marco Island lies tllirty miles from the projected interface by Carr and Beriault (1984) of the Caloosahatchee area (called the "the 'heartland' of the Calusa,"Carr et al., 1994b:12) to the north, and the Ten Thousand Islands area to tile south_ At a yet undefined point to the east lies the Okeechobee ctiltlll'al area, but the boundary, if it is a definite, fixed one, is likely to occur in the vicinity of the lmmokalee rise forty miles or more to the northeast of Indian HilL Further wo rk is in progress by Carr to address the issue of where the southwest boundaries of the Okeechobee cultllfe area occur_ Temporal Periods and Adaptations At the same time that the south Florida archaeological cultural models have evolved over the past 60-plus years, so have the temporal markers or framework On which we base evolution of that culture_ Much of this latter effort has resulted from comparisons made between the recovered atiifact~ from the 100-year period of scientific and nonscientific excavation and collection by the various individuals and institutions (and others) enumerated in part above_ This Floridian effort must be seen against the broader background of archaeological work in eastern North America and the New World ~s a whole. All of these efforts have been mutuaJly complimentary and certainly not exclusive_ In south Florida, the following periods and adaptations are generally accepled. Pari of this chronology involving the later or Formative period is called the Glades seqtlence in honor of Goggin, the greater part of whose work in defining the ceramic sequence 01 markers has withstood the test of time and subsequent criticism (Goggin, 1939. t 947, 1949c). From Goggin's day to present, pottery variability in form, substance, ~l1d decoration has proven useful for providing time markers, at least during the arcllaeologically-blief (.t 3500 year) peliod spanning the late Archaic and Fonl1alive periods that it was produced. Otheraliifact lypes and their variations liave, to present, proven somewhat less reliable as absolute indIcants of prehistoric age. RactlOcMbon dating, a phenomena of tile last 30-plus years, provides, within the standard deviation expressed in plus-or-minus years BP (before present), a retatively absolute dale for a given sample and provides a yardstick 10 meaSUre traits or distinctions J)1 provenleilced artifacts. Determining and adequately defining what tmits we can discel'l1 agBlIlst tl1l5 absolute is part of the ongoing function of the regional archaeological effort II The following information is generalized and abbreviated_ The dates are approximate; transitions between periods are in reality more gradual that the maimer they are expressed for convenience. Paleo Period (14,000.8,500 BP) During the Paleo Period, the Erst Native Americans began moving into the soulheastern portion of North America and Florida. Most evidence of their presence in Florida can be reliably dated to about 10,000 BP_ There are no known Paleoindian sites in Collier County. Several are documented from elsewhere in south Florida, including Warm Mineral Springs and Liltle Salt Spnngs in Sarasota County (Cockrell and MUlphy, ] 978; Clausen and Gifford, 1975), Harney Flals in Hillsborough County (Daniel and Wisenbaker, 1987) and the Cutler Fossil Site in Dade County (Carr, 1986). During this period, the terminal Wisconsian ice age, the climate was probably less extreme, with cooler summers and warmer winlers_ The climate was also drier, and sea levels were lower (Carbone, 1983; Allerton and Carr 1988a; Griffin, 1988)_ One reason that possible Paleo periDd sites have nDt been discovered in Collier and Lee Counties is that the shDreline may have been as much as 100 miles further west due ID lower sea levels. Drier conditions may have made tbe interior very inhospitable, ancl the shallow estuarine and littoral sites that existed were flooded by post-ice age Holocene sea meso Any possible interior sites from the Paleo PeriDd may be unrecognizable clue (0 lack of diagnostic artifacts, subsequent reuse of site areas, low population density, and few permanent camps_ These and other factors may help explain the absence to date of identifiable Paleo period sites in Collier and Lee Counties. On the other hand, the southwest Florida coast south of Charlotte Harbor may have been uninJlabitable during this periDd due to an absence of key conditions for the successful hunting Df largc game, a trait of the Paleo period. Archaic Period (8,500 . 2,500 TIP) The Archaic period reflects a post-Pleistocene shift in adaptatiDn marked by an increase in the seasDnal exploitation of a broad spectrum of fODd resources, a more restri~tcd "se of territory due to regional specialization, and more semi-sedentary habitalion sites_ No ceramics are known until the Late Archaic_ During the Archaic, regIOnal specializations became more marked, not only with material culture but also wilh distinct local uttlization of local plant and animal resources. As mentiDned above, there is, as yet, no firm evidence of human presence in southwes, Florida during the Paleo period_ This apparently is also tme for the Early Archaic (8500- 7000BP), 3S there is evidence of an environment 100 arid lD support scrub oak, anel the presence of shifIing wind formed dunes (WallS, 1975; Widmer, 198J). No early Archaic sites are known ii-om southwest Florida (Allerton and Carr, 1988: 14) 12 By about 6500 BP mesic conditions began to spread, although localized xeric conditions continued (and still exist in some areas) through south Florida_ Middle Archaic sites dating from this time are rare, although the Bay West Nursery site (8CR200) in Collier County a.nd the Ryder Pond site (8LL1850) in Lee County near Bonita Springs provide evidence of occupation, as do several sites in southeast Florida_ The Bay West site tS a Middle Archaic cypress pond cemetery, associated with a lithic scatter. The Ryder Pond site is a similar mortuary pond site surroundcd by pine t1atwoods (Carr and Heinz, 1996)_ Beriault has also recorded several aceramic shell scatters in coastal sand hills (paleo clunes), some of which may date to the Middle Archaic. Griffin (1988) summarizes evidence indicating that despite the rise of available surface water, brnckish esluafles and other major modem landscape features had not fonned, and population (or repopula,ion) wa.s still sparse. During the Archaic period sea levels began to rise at a fairly rapid rate, estimated al 8_3 cm. per 100 years 6000-3000 B1>, and 3.5 cm per 100 years afterwards (Scholl el ai, 1969), although whether sea levels were steadily rising or oscillating is stillunclenr (see Griffin 1988; Alletton and Carr, 1990 for recent reviews of the literature). Data is somewhat difficult to sort out as sea level rise was accompanied by both shore regression and transgression in places. As conditions became wetter (and wanner) in the inlerior, cypress swamps and hardwood sub-tropical forests established themselves by about 5000 BP (Carbone 1983, Delcourt and DelcoUr11981) By late Middle or early Late Archaic times (4000 years B1') therc were significant shell mounds and middens on H011-s Island, Marco Island, and elsewhere in Ihe coaslal regions, suggesting that the estuary system had been establisbed and was being utilized 10 provide the subsistence basis for denser populations and semi-sedentary settlements (Mon-ell, 1969; Cockrell, 1970) At Useppa Island in Lee County, excavations have provided radiocarbon dates from pre-ceramic shell middens ranging between roughly 4900 BP and 5600 81', suggesting that the Middle Archaic as well as Late Archaic periods saw a growing dependence on shellfish resources (Milanich el 01., 1984). There are <lceromic coastal sand hill and interior wetland sites as well, bul.these have not been demonstrated to be Archaic despite some investtgators equattng aceramlc with precel al1)lc. Radiocarbon dates for these sites would clarify this point Allerton and Carr (1988) noted that a number of stratified sites m the wet mangrove and marsh areas of the Everglades, as well as on Horrs Island, contain Archaic precernmic horizons, although it is unclear if aceramic was equated with preceramic_ Addilional supporting evidence of interior use by Archaic peoples wIll provide a new dimenSion 10 the archaeological understanding of Archaic resource utilization. Allerton and CnlT point out that if the wet tree islands were initially used by Archaic people, then at least some of Ihe hardwood hammocks in swamp environments were raised in elevation (with subsequent changes in vegetation) due to human activiries. Post-Arcl13lc people extensively utilized these hammocks and continued 10 advance their development as distinct geomo'1lhic features. This is obviously an area where additional archaeological investigations have a potential to contribute to understanding the interaction or geomo'1lhic and cultural evolution in southwest Flolida. 13 Toward the end of the Archaic there was the introduction of fiber-tempered pottery into the archaeological record, often used as a marker of the Orange Phase, commencing at about 4000 BP, either coincident with or soon aller the development of the extensive shell middens. The Late Archaic Orange Phase subsistence strategy is characterized by intensive use of shellfish and marine resources, as well as being marked by an accelerated trend toward regional specializations_ A number 0 f the large shell middens on Marco ]sland (Cockrell, 1970), HOrls Island (Russo n.d_), Cape Haze (Bullen and Bullen, 1956), and elsewhere dale from this period or earlier, as they contain fiber-tempered ceramics, although there are known aceram ic (preceramic?) levels below the Orange Phase deposits that may date to the Middle Archaic. These shell middens are usually capped by deposits from later occupalions "s well. Formative Stage or Glades Periods (2501) BP - 500 BP) The Formative or Glades adaptation, based on hunting, fishing, and the harvesting of shellfish and plants, WaS similar to the Archaic, but was characterized by increasing specializations in gathering strategies and tool-making_ Earlier writers have typed this hunter-gatherer society as primitive or "low-level" (Kroeber, 1939)_ However, there is certainly evidence from the specialization of tools, from the beautifully-executed wooel carvings from Key Marco in Collier County and those from Fort Center near Lake Okeechobee (Cushing, 1897; Sears, 1982), and from the historic accounts of tlie Calusa hegemony, that the south Florida area had an advanced culture that Goggin (1964) has called a "stratified non-agrarian society." The preceding Late Archaic late Orange phase (also known as the transitional phase) was marked by changes in pottery, and terminated with the relatively rapid replacement of fiber-tempered pottery with sand-tempered, limestone-tempered, and chalky "temperless" pottery. It was also characterized by changes in ceramic style and ollen by reduction in the size of stone projectile points_ The Formative Stage (beginning about 2500 BP) is divided in south Florida inlo Il1e Glades Periods sequence_ Subsistence adaptation is marked by a narrowing specll'lltll of resource use, as well as continued trends toward regional diversity and ecological specializations, marked in part by the proliferation of inland resource ex traclion encampments. Formative Period cultural evolution eventually led to increased political sophislicalion, perhaps initially of modest dimensions, but culminating in broad regional political alliances and regulation of materials and goods (i_e_ resources) between the coast and inland areas (Milanich and Fairbanks, 1980)_ By protohistoric and contacl times llie Calusa were the dominant tribal group, gaining broad political influence and al leaSI partial control over mucli of south Florida as far north as central Brevard County Historically, the main Calusa village has been regarded as "Calos" on Mound Key In Estero Bay in Lee County, although 50 to 70 large Villages were under direct Calusa control by contact times (Griffin, 1988)_ 14 During the Fonllative Periods, village sites grew to the proportions of large multi-use complexes, particularly along the coast and barrier islands of southwest Florida_ Some of the projected intra-site functions of the elements of these complex shell works were as temples, canals, causeways, temple and platfonn mounds, courtyards and watercoltrls_ Current research involving the excavating of large contiguous areas of these shell mound complexes is beginning to establish demonstrable uses for the features of these large sites, upon which heretofore were merely speculated (Widmer, 1996). Tidal estuary rivers and inland hammocks along deep water sloughs, marshes, and pelmanent ponds were seasonally visited for extraction of oatural resources, and are now marked by small to relatively large black dirt middens, some of which may have been semi-pennanent hamlets. The pine and cypress flatwoods appear to have supported few sites, although areas around Lake Trafford and other rich interior areas developed substantial sites, including sand mounds, and may be more similar to the Okeechobee cultural area than to the coastal cultures_ rn 1992, Dickel and Carr excavated an apparent Deptford Period burial mound (the Oak Knoll Site) in the Bonita Bay Tract north of the Imperial River. Exotic trade items and seventy or more human burials were among the material findings. The resulting conclusions and subsequent surveying and testing of the Bonita Bay Shell works (8LL717) suggest social stratification and complexity may exlend further back into the past than the Formative period (Dickel and Carr, 1992). Coastal sites (shell middens) reflect a predominate dependence on fish and shellfish, wild plant foods and products, aod larger inland game_ The inland Sttes show a grealetteliance on interior resources, including large, medium and small mammals, tmlle, small freshwater fish, alligator, snake, frogs, and, sometimes, freshwater sheil fish_ Interior and coastal resource exchange can be documented by Ihe consistent finds of moderate amounts of marine shell in many interior middens, as well as interior resources 111 coastal middens_ The Fonnative Stage (with a nod to Goggm) has been often telmed the Glades cultural tradition. Much of this "tradition" is focused on decorated ceramics, the minority In tlie archaeological record, although the majority of recovered (rim) sherds are plainware_ However, despite this, pottery (and its decorations) is usually utilized as (he major temporal marker(s) for fitting sites into a temporal framework Changes in pottery do nol represent mere changes in artistic motifs, but reflect inter- and intra-regional ttade contacts and outside cultural influences (possibly through exogamy, shifting of populations, and even the through evolution of a culture through time). Whalever the influences, the Glades tradition is continuous from rost-Archaic times to contact times. Despite the fact that exogamy is likely to have been practiced, traders or other specialists probably moved between major cultural areas in small numbers, 2nd genetic now probably accompanied cultural exchange, although perhaps not on lhe same scale. This may have increased in laler times due to use of traditional obligations of kinship and inlenllarriage to stabilize alliances that were not codified into a f0D11allegal system 15 The following table has been modified from several sources, but it is predominantly based on Milanich and Fairbanks (1980), Griffin (1988), and Allerton and Carr (1990). Dates have been rounded somewhat and translated to Before Present (BP)_ There are some differences of opinion in the dates, particularly about the liming of the Glades !n and Ib div ision_ TABLE 1: GLADES CULTURAL SEQUENCE Glades la (2500 BP - t 500 SP) First appearance of sand tempered plain polle,-y, but little else 10 mark a difference ano the preceding Late Archaic. Sand lempered plain remains a predominate type throughout the Glades sequence. Glades Ib (1500 SP - 1250 SP) First appearance of decorated sand-tempered ceramic (PI. Drum Incised, Ft Drum Puncta\ed, Cane Patch Incised, Turner River Punctate), plainware common. Pottery rim grooving and incision decorations become widespread_ Glades IIa (1250 BP - 1100 SP) First appearance of Key Largo Incised, Sanibel Incised, Miami Incised, and plainware is C0/111110n_ Distinction between ccramics of southeast and southwest Florida becomes apparent. Ten Thousand Island area distinct fr0111 Caloosah"lcl1ee area_ FIrst mound construction- increased social --stratificatlOn?--Populalion - size may have approximated that at contacL Glades rIb (I 100 . lOOO BP) First appearance of Mate cum be Incised; Key Largo Inciscd common on east coast, Gorclon's Pass lncised common on the west, and plamware common throughout. Glades He (lOOO DP - 800 BP) First appearance of Plantation Pinched, but few decorated wares wilh a preponderance ofplainwarc (I here is some evidence of population ,-eductioll- perhaps due to a cataclysmic event). Non-local pottery (eg. 5t. Johns Plain and Check Stamped, Belle Glade Plain) appears_ Glades IIla (800 - 600 SP) First appearance of Surfside Incised, increasing quantities of 51. Johns pot,ery (especiaJly on East Coast), and Belle Glade pottery Glades IlIb (600 DP - 500 BF) Glades Tooled rims appear (mre on West Coast), zoned punctate designs, but general decline in incised decoration_ Belle Glade ceramics coml11on 16 on west coast. St Johns ware present but rare on West Coast, common on East Coast. Glades IIIc (500 BP - 300 BP) Continuation of llTh ceramics, with pronounced flaring of rims and embossing on Glades Tooled ceramics. Mound burial consllllction less common with intnlsive burials into existing mounds, appearance of European goods, plainware common. By European contact times (the first half of the 16th century), the southwest CO~SI of Florida was maintaining a vigorous, possihly expanding political chiefdom wilh a broad network of alliances, as well as a rich and ancrent cultural tradition without an agJicultural base. However, direct conflict with Europeans and, more importantly, exposure to European diseases led to the rapid decline of the Calusa_ By the mid 1700s their numbers had greatly diminished. The remnants of this once-powerful tribe may have left south FIOlida in the 1 760s with the Spanish for relocation in Cuba. Others may have become indistinguishable from Spanisb Cuban fishermen who worked Ihe greel fishing "ranchos" in the Pine Island Sound region catching and salting fish for export to Cuba_ Other groups of Native Americans may have fused wrth the Creek-derived Semllloles. In the late 17005, members of the Creek tribe were forced into Florida from Gcorgla and Alabama. They were later called Seminoles, from the Spanish tenl1 "clll1marones'-' Pressures from colonial (and later) white encroacfunent on their traditional tetTilo,-ies forced them into the Big Cypress and Everglades area by the 1830s. By this lime, 1110S1 of the cultura.l identity of pre-contact times had been lost, although some of the CalusH subsistence slrategies may have been partly adopted by Seminoles. A nUl11ber of Seminole period sites have been documented on earlier Glades middens This coincidence may in part retlect the paucity of high land in the interior (Ehrenhard el cd_ 1978, 1979, 1980; Ehrenhard and Taylor, 1980; Taylor and Komara, 1983; Taylor, 1984, 1985)_ Older midden sites (particularly those called "black dirt" middens) can be rich agriculturally as well as archaeologically, making these foci for historic Seminole gardens and fruit groves_ Seminole periods in south Florida are divided into] (1820-1860), II (1860-1900) al1d []1 (1900-1940) (Ehrenhard et al, 1978)_ Post-1940 Seminole camps are designated "La Ie Seminole" in some reports_ These designations reflect the different stages of Sel11il1ole migration into south Florida, Seminole displacement and active conOIe! with the expanding American culture, and the eventual refuge by Seminole remnants in 131g Cypress and Everglades regions. Military records, and, in parltcular, several sketch IllUpS by military personnel done in Ihe 1830s and 1840s and the Ives military map of South Florida (1856) shows evidence of investigations at and near "Malco Inlet," "Casimba," "Good Land," and "Cape Romans_" 17 SemiDole Wars in tbe Soutbwest Florida Al'elil The advent of the Second and Third Seminole Wars (1834-38, 1855-58) disrupted ,he peaceful settlement of the Southwest Florida region_ There were a number of fOrls, "temporary" and permanent, established along the Caloosahatchee River during this time_ Fort Dulaney was established at Punta Rassa near the mouth of the Caloosahatchee in 1837 and was occupied intermittently through 1841, and again in 1855, After a htllTicane destroyed Ft. Dulaney in 1841, Fort Harvie was established upriver. The name oflhis fori was changed in 1850 by its commander General Twiggs to honor his new son-m-law, CoL Abraham Myers. Fort Myers was thus created, and became the chief fort of the region, From this central administrative point, a line of forts was established up the Caloosahatchee River. They were: Fort Denaud, Fort Adams, Fort Thompson, and FOlt Cenler on Fisheating Creek leading into Lake Okeechobee, Other forts and "temporary depots" were established south into the Big Cypress Swamp such as Fort Simon Drum, Temporary Depot Number One, Fort Doane, Fort Simmons, Fort Keis, Fort Foster, FOlt Shackleford, and others_ A number of military expeditions were sen, south along the coast during the Second and Third Seminole WaIS with the objectives of interdicting trade in guns and ammunition between the Seminoles and the Spanish-Cuban fishing community, and hunting and capturing lndians_ General Thomas Lawson, who had just been appointed Surgeon General of the United States, commanded one of the early notable expeditions_ Lawson's expedition left FOli Harvie (Fort Myers) in February 1838. Elements of Lawson's conuuand explored the area in and afOund the Caxambas Point area, discovering (Wo abandoned [ndian villages in the Blackwater River/Palm Bay area. Other expeditions bivouacked at Cape Romano and Caxambas Point. Colonel Rogers, of the ill-fated Parkhill expedition, wrote several dispatches from Cape Romano in the Caxambas mea in 1858, describing the ambush of Captain Parkhill's party at the headwaters of Turnel River. The Collier County Museum is the repository for a collection of military arlifacts purportedly found by a local collector near Indian Hill in the early I 960s_ This materi,,1 may have originated with one of the various military expeditions stopping ill Caxambas Point. In the Rattlesnake Hammock area, Old Fort Foster was established and occupied several limes as a "temporary depoL" This installation was situated along a trail crossing a hammock and deep slough area somewhere west of the subject parcel. A skirmish was also reportedly fought near this locale in 1837_ :Rattlesnake Hammock Area History The Rattlesnake Hammock area has always been attractive to various people, both during prehistoric and historic timcs_ There is evidence from military maps of Seminole Wars petiod that various villages and encampments of Seminoles were in the general area or the hammock By the I 880s, various white setllers and homesteaders such as Ihe Whiddens, Canolls, Smiths, and Kirklands had settled the area of Henderson Creel< 13 immediately south of Rattlesnake Hammock. These early settlers farmed the Henderson Creek area and hunted up into Rattlesnake Hammock. VarlOUS early sportsmen vlstting or wintering in Naples took oxcart trips into the Rattlesnake Hammock area to hunt The advent of the Tamiami Trail in the late 1920s further opened access to the area_ The completion of the Atlantic Coastline Railway by 1928 also enabled logging of pine and cypress in the Belle Meade area south of Rattlesnake Hammock_ State Road 95] was built in the late 1950s/early 19605 and opened up Rattlesnake Hammock to development by landholders. The Sabal Palm Road community was created during that time period Landscaping demands in the rapidly-developing Naples area caused early residents sllch as the Langford family and "Monkey" Hunter to dig and transport cabbage polms from the hammock. Other individuals such as Seth and Buster Johns harvested cypress trees for their sawmill on Johns Road near the subject parcel. In the early 1980s, a Naples area tradition, the Swamp Buggy Races, was moved from a locale it had occupied since 1953 on Radio Road to a larger modem facility al the newly created Florida Sports Park east of the intersection of Rattlesnake Hammock Road ~n11 CR95L This venue comprised a series of races by "classes" of homemade off.road vehicles, gencrally utilizing outsized tires and custom made chassis called "swam~ buggies". The first swamp buggy was reputed to have been created by Ed Frank Sr of Naples in the I 920s wtth the original purpose of using the vehicle for hunting_ Formal races the week prior to hunting season were first hcld in the late 1940s at a marsh ca lied Newman's Pond slightly north of downtown Naples. The present-day Races continue this local tradition and feature ever more powerful and creative machines driven by dnvcrs who are now members of an association and featured On various teleVision Sporls Channels_ The Sable Palm RoadlRattlesnake Hammock area today is seeing increasing density of development with condominium communities and upscale single family home construction being created along the Collier Boulevard (State Road 951) con-idor 19 MethodohJ>gy Prior to conducting fieldwork in the project parcel, relevant archives and literature were reviewed_ This included, but was not limited to, studying previous archaeological reports for sites in Collier County, reviewing inforn1ation from the M~ster Site File in Tallahassee concerning nearby sites, MId examining USGS maps of the project area Also, black and white and color aerial photographs from the project area, which could aid in revealing anthropogenic changes to the topography and Doral communities, were interpreted_ A site search made with the Department of Historic Resources indicated there were two previously-recorded sites in the project site. These were Hunting Camp Harrunock, 8CR556 (a site previously recorded by Beriault and Strader) and the Silver Hard Hat Site, 8CR826 recorded by Christine Newman and Mary GlowackI during their survey of the Picayune Preserve. It has been determined Ihat this latter site lies in a 20- acre out-parcel within the present parceL Research Design This phase 1 archaeological survey of the Toll-Rattlesnake parcel incorporated the use of certain predictive models_ These models are based on topographic and vegetative attributes that are associated with prehistoric and historic sites in southwestern Collier County. These models postulate that high ground live oak/tropical hardwood hammocks in close proximity to deep sloughs or marshes are high prohability areas for prehistoric archaeologIcal sites_ The elevational information on the USGS Belle Meade and Belle Meade NW Quadrangle maps for the area also were used_ It was determined that overall, the project parcel had a medium to high probability of containing archaeological sites because of its elevational variation, known sites in the area, as well as its proximity to Rattlesnake Hammock_ The information and profiling of vegetative communities in the FLUCFCS map provided by project biologists Passarella and Associates, also was extensively used to locate and select targets for testing. Fieldwork mitia! visual inspection of the subject parcel identified a wide range of topographic and vegetative features. A few areas oftbe parcel, particularly those closest 10 State Road 951 had been severely impacted by prior clearing, scraping and borrowing activities. Most of the invasive exotics such as meleleauca and brazillian pepper also are concentrated in dense stands in this westerly portion of the subject parceL Areas to the east are largely unaltered woodland with the exception of a hunting camp and cleared fields in the southeastern portion of the parcel (Figure 2). Access to interior parts of the parcel consist of trails crisscrossing open cypress areas and densely vegetated pine islands_ All parts of tbe parcel were assessed by windshield or pedestrian survey and any additional targels noted for further investigation_ A total of thirty-six targets of possible archaeological sites was identified from aerial imagery and from I'LUCFCS map designations and ground truthing. Chris Emblage of Passarella and Associales was 20 interviewed by AHC persOlmel and gave additional valuable infolmation Ihat led to the identification of several of the targets to be ground truthed_ All thirty-six targets were visited In the field and decisions made as to whether to test them based on elevations, vegetation, and other elements associated with archaeological sites_ Ninety-six shovel tests were dug as 45 em squares to what was judged sterile zones, generally depths exceeding 50 centimeters. Systematic and judgmental shovel tests were dug in locations on twelve targets. All dug sediments were screened through 'I." mesh hardware cloth and any material judged to be of archaeological significance was saved_ All collected material was placed in sealable plastic bags and sent to the AI-IC lab in Davie for evaluation and conservation. All recovered material will repose at the Historical Museum of Southern Florida in Miami. Coilectoons All recovered materials (FS 1-18) were cleaned and quantified (Appendix 1)_ IlfIfo<maui"s Chris Emblage of Passarella and Associates, prOject biologist, was intervlewed in Fort Myers as palt of this assessment. He identified ~everal hammocks across the parcel that were visited and assessed_ 21 RANGE 26E- RANGE 27E 1 I Figure 3_ Map of the ToJl-RattJeSJlMe v=el ilJ~a sbowing llIchallOJogk:aI targets and sites () . AACHAE.OLOGIC,'l !Ilr: <~ =1iE'.(ClEUfAl'H.le-i Q " TA~r:rsof PQIE>llIAl.ol,9CHAfOlOGlCAl SHES _!~;:SI,/1.~_~M~.L\DEANDSEUEME.';DE ;')W.1991 r--- V WI 112 .J jj;liiE ~ N --l Results and Conclusions This phase 1 assessment of the Toll-Rattlesnake Parcel resulted in tbe investigation of all parts of the parcel and the documentation of five prehistoric sites_ A total of ninety-six test holes were dug across the parcel (Figure 3). One building, a modem hunting cabin, exists on the parcel that is less than fifty years old and is not historic. Recovered cultural materials from the parcel are characterized hy both artifacts and ecofacts--specifically faunal bone, marine shell, and sand-tempered ceramics. One previously recorded site, 8CR556, the Hunting Camp Hammock, was assessed on the parceL It is located in the mid-portion of the parceL This site was reported twenty years ago by the present investigator Beriault. It was determined that an error of location had been made in the initial site form_ The actual site location is approximately 900 feet southeast of the 1985 reported location, an error caused by confusion of the site with a small, discreet pine island (listed in the present report as Target U8 and determined to be a low probability area for archaeological remains). 8CR556 is located in a tropical hardwood hammock used as a modem hunting camp dating from circa 1970s. A shovel test in the central part of the site produced faunal bone and sand-tempered plain ceramics (FS4)_ Four previously unrecorded archaeological sites also were recorded on the pal-cel. All are prehistoric camps Or smail villages used for habitation and subsistence activities_ The Jump-Start Hammock Midden (8CR88]) is characterized by a shallow concentration of faunal bone located on a small discreet tropical hardwood hammock with a near-surface limestone cap rock substrate. The White Shell Hammock Site, 8CR879, located 1000 feet southeast of the Jump Start Hammock Site, is characterized as a faunal bone midden located on the north end of a very large Jive oak/cabbage palm hammock adjoinll1g a deep slough to the south and west. A columella "chisel" made from a Busycon cOnlrarium (lightning whelk) and fauna! bone was recovered during testing of this site (Figure 7). The Deep Marsh Hammoclc Site (8eR880), located a little more than a quar,er mile south of the White Shell Hammock Site, is situated in an ovoid cabbage palm hammock at the northern end of a tear-drop shaped deep marsh that is nearly permanently weL No sand- tempered plain ceramic sherds were recovered from a shovel test in the easterly part of this site_ The Clamshell Cove Midden Site (8CR878) is situated 1500 feel west-northwest of the Hunting Camp Hammock Site and is an elevated, midden yielding manne shell, faunal bone and sand-tempered plain ceramics. The vegetation is diverse tropical hardwoods. A ceramic body sherd recovered from this site has linear abrasions or scratches, likely done after the vessel was broken, suggesting the sherd may have been used as a sharpening tool, possibly for bone pins (Figure 5). Considering the distance of the ftve sites trom the coast, approximately 8 to 10 miles, It is possible that these sites were camps and stopping points along a principal canoe trad connecting the coast to the interior. The rich bio-diversity of the Rattlesnake Hammock area, suggesls that It was a destination location over at least a thollsand years fol' coasl"1 2J shell-mound Indians who traveled up interior river/slough systems to acquire needed resources. Very likely these Indians returned to the same locales seasonally over extended periods of time, maintaining camps and villages over the centuries. All five prehistoric archaeological sites (8CR556, 8CR878, 8CR879, 8CR8aO, 8CR881) are of local significance, and, based on criteria (d), for sites "that have yielded or may be likely to yield, information important in history or prehistory," three are potentially eligible for listing On the National Register of Historic Places based on available data The well preserved faunal bone assemblage and shell found at 8CR556, 8eR878, and 8CR88] could provide important infonnation regarding prehistoric subsistence patterns and habitats. Sites 8CR879 and 8CR880 appear to be small camps and are not eligible for listing on the National Register, based on available data_ In addition to the five recorded sites on the subject parcel, there are three areas of possible archaeological concern (Figure 3). Target 13 lies in the northerly extension of the parcel. It is an elevated crescent shaped sand ridge flanked by marshes to the east and west. The vegetation on the ridge is characterized with large live oaks with saw palmellO understory. Areas of the ridge are three feet higher than the surrounding country_ Five shovel tests failed to reveal archaeological material, but the prominence of this anomalous feature and its advantageous situation suggests that a site could be associated with it. If the area is to be impacted by future development, then phase 2 testing should be done. Simtlarly, Targets 3 and 18 were also shovel tested without any archaeological material encountered. These three features will need additional archaeologlcal ltlvestigations if they are to be impactecl by future development. No human remains were recovered from any of the assessed sites. Midden graves are common in southern Florida, thus all of the sites have a medium to high potential of encompassing isolated human graves or cemeteries_ If human remains are found, the provisions of Florida Statute 872.05, the Urunarked Human Graves Act, will apply_ A site search with the Florida Department of Historic Resources indicated that the Silvel Hard Hat Site, 8CR826 recorded by Christine Newman and Mary Glowacki during their 2001 survey of the Picayune Preserve might have been present on the subject parcel. It has been detemlined that this site lies m a 20-acre out-parcel within the present parcel (Figure 3)_ 24 Site I'hOle: State Site Nlllmber: Environmental Setting: Looaiioll: Site Type: Site Function: Oescriptlon: Cbrollology: Collections: Previous Research: Summary of Sites Hunting Camp Hammock 8CR556 Tropical hardwood hammock surrounded by low "ha'rack" cypress Range 26E, Township 50S, Section l3 Midden Habitation, resource extraction The site is located on a tropical hardwood hammock island with a limeslone base surrounded by low hatrack cypress. The site peaks at around two feet (+ 80 em) above surrounding lowlands near the center of the hammock Site size is about 150 feet in diameter (approximately 20.000 square feet)_ Modern trash indicates the site was used as a hunting camp circa 25 years ago. Prehistoric materi~1 recovered includes faunal bone and sand.tempered plall1 ceramics. The site is vegetated in cabbage palm. mature camphorwood, marlberry, myrsine, hog plum, wax myrlle. and red bay_ Note that the location recorded in ,he 1985 si Ie form is wrong and has been revised as a result of this assessment to about 900 feet from its previolls reponed position. Prehistoric: Glades unspecified Faunal bone. ceramics. marine shell (FS 4) Strader, site tile form, 1985 25 PreSel"Vatioil Qualily: Ownership: Significance: Good to excellent, a modem hunting camp has occupied the site, but with Iitlle apparent below-ground disturbance Private Site is of local significance and is potentially eligible for listing on the National Register of Historic Places_ 26 Site Name: State Site Number: !':nvironmclltal Selling: !Location: Site Type: Site Function: Il>escription: Cb ronology: Collections: Previous Research: Prese~vation Quality: Ownership: Significance: Clamshell Cove Midden 8CR878 A tropical hardwood hammock tree island sun-ollnded by low cypress Range 26E, Township 50S, Section 14 Midden Habitation, resource extraction The site is characterized by an intensive midden deposlL II tS located on a hardwood hammock island surrounded by acres of low cypress swamp_ The site area is estimated to cover the entire hammock with the highest concentralions of cultural remains occurring neat Ihe center Estimated site size is about 250 by 150 feeL Maximum elevatton approaches three feet (80-90 em) above Ihe SlllTollJ1ding cypress strands. The sile is vegetated in a diverse troplc"1 hardwood hammocl< which Includes large gumbo limbos, very large mastics, salinleaf. marl berry, gulf gray (Wig, camphorwood, white 5topper, hog plum, willow buslic, spanish stopper, myrsine, wild coffee, Pison;a neLl/cala, wild indigo, and other plants. The soil IS a gray ashy midden_ A tolal of three shovel tests revealed abundant faunal bone, sand-tempered plain ceramics, and marine shell consisting of venus clam, lightning whelk nnd Lucine_ Prehistoric: Glades J, 0 Faunal bone, ceramics (22 STP), marine shell (FS 5-8) None Good to excellent, the only disturbance noled was animal burrowing hi vale Site is of local SIgnificance, and is potentially eligible for listing on the National Register of Historic Places. 27 Figure 4. View northwest at tall gwnbo limbos growing 011 Clamshell Cove lV'.iduen Site, 8CR878 Figure 5. Abraded sand-tempered plain body sherd found at surface-!evtl, ST-IO, 2CR&n. This sherd may have been used as all abrader for bCIJ.e points_ 2g Site NlIlMe: S~lllte Site Number: ElI!vironmeiltllll Setti<lg: !,Qn!iOi1l: Site Type: Site Function: Description: CbtrO!loiogl': Co!lecl:ions: Previous Researcb: Preservation Qu ality; OWllersbiip: Siglllificance: White Shelll-:larrunocl( 8CR879 Large live oak/cabbage palm hammock situated northeast ofa deep circular marsh Range 26E, Township 50S, Section 25 Midden Habitation, reSOurce extraction This site as located on the northern end of a 2 to 3 acre hammock (Fig. 6)_ The topography at the nOlth end of the hammock is moderately elevated, generally higher than the rest of the hammock. Estimated site size is 150 by 200 feel. Maximum elevation of the site is in the north-central part of the hammock at about 60-70 cm above sUlTounding cypress wetlands. Shovel resting recovered faunal bone and a sllell "chisel" created from the cohlmella of a hghtning whelk (Fig. 7). This tool may have been used Itl woodworking further delineation at the site perfomled by Craig Weaver indicates distribution of material may be discrete dnd "spotty"_ Phase 2 testing would be necessary to delermine the site's exact extent and Significance. A tot<11 of 10 test holes were dug here but only one was positive for cultural materials. Prehistoric: Glades unspecified Faunal bone, shell 1001 (PS-2) None Very good to excellent, there seems to be little below-ground disturbance Private The site is of at least iocal significance, but based on current data, is not eligible for listing on the National Register of Historic Places. Phase 2 testing is recommended for a better detennination of signi ficance. 29 Figure 6. View e~l ~l White Shell Hammock containing the prehis10ric site, 8CR879 Figure -, ABusycon contrariuln columeJla "chisel" .or gouge found ilt IS em depth, ST-2, Whit" Shell Hammock Sile, SeR8?9 Slie Nrome: Stale Sile Number: EDllVDrOlllme!llal SeUimg: LOCllliolll: Sile Type: Site FUlIllctioo: Description: Clilrollology: CollecllOiu: Previous Research: R"reservrotioo Quality: Ownersbip: Significance: Deep Marsh Harrunock 8CR880 Ovoid, slightly elevated cabbage palm hammock with deep marsh lying to immediate south Range 26E, Township 50S, Section 25 Midden Habitation, resource extraction The site is located in an elongate cabbage palm hammock that is located south of Sabal Palm Road al the north end of a deep tear drop shaped marsh_ The marsh has a nearly year-round hydroperiod. The site size is estimated 10 include most of the hammock and measures approximately 150 by 200 feet Maximum elevation is about 10-20 inches (30-40 em) above the immediate surroundings_ Testing included nine shovel tests of which one was positive_ Sand- tempered plain ceramics were uncovered at a 20-S5 Wl depth in the northern part of the hammock. These test results suggest sparse or discreet distribution of cultural material. Phase 2 testing will be necessary to determine the exact site extent and significance Prehistoric: Glades W1specified Sand-tempered plain ceramics (FS-3) None Very good to excellent, there is l.ittle below- ground disturbance Private The site is of at least local significance, blll based on available data, is not considered eligible for listing on the National Register of Historic Places, although Phase 2 testing could change thai ass~ssment. 31 ~. "'...... ~..~.... jJ' ..'......, ~ ;n. )<! \;,~ ~ 1'~0."',.,.. "0 ;:.. E "0 ~o ~ ~f \ \ . . ~o ~ o ~ "0 . . . " . ~o j , " , :;;0 I . . , So & () :;~ , '/.o ~ o Figure 8 Deep Marsh Hammock Site, 8CR880, showing locaiion of shovel tests @z ~ I I 1_~ENE~"l EX r~~~ HM.4MOCK ___~~_ Wijfll1~.~ . =POSfTlVE SHOVEl TEST o =NEGA/tV!; SIIOVEl TEST o =PINFl,IGGED 80UlvDARY POINT = SITE BOUNDARY 31 Figure 9. View north_ Vegetation in pond apple swamp south of Deep Marsh Hammock Site, 8CR880 Figure ]0. View north_ Gene Erjavec sifts material from Shovel Test 6 in Deep Marsh Hammock, 8CR880 Site Name: State Site Number: lLocatiolll: Site Type: Site Function: DescriptiorJ: Chronology: Collectiolls': Previous Research: Prese.-vation Quality: Ownership: Siguil1clIlnce: Jump-Start Hammock 8eR88l Range 26E, Township 50S, Section 25 Midden Habitation, resource extraction Estimated site size is about 150 feet (50 meters) ill diameter Elevation slopes upward from the surrounding cypress strand and peaks near the west-central part of the site at about + 70 em, This site consists of a moderate quantity of faunal bone encountered at 20-65 em. depth, The faunal bone is from turtle and other species_ Also recovered was marine shell that includes lightning whelk and kings crown. The Iropical hammock has ~reas of coppiced hardwoods such us camphorwood that lllay be lndicants of areas of midden intensily_ Systemalic testing there indicates extensive f~unal bone with 31 sand- tempered plain ceramic sherds indicating a fonmtive period component to ,he site. Prehistoric: Glades W1specified Faunal bone, possible bone pin, marine shell, 31 s~fld- tempered plain pottery (FS-], 9-18) None Very good to excellent, some surface trash indicates use of the hammock as a modem hunting camp, bllt there seems to be little below-ground disntrbance Pri vate The site is of at least local significance, and is pOlenli~lIy eligible for listing on the National Register of Historic Places 34 "." ....." ST44 ,,/ 0 /" // / ,/ I I I , I I \ \ \ \ \ i3 , \ , s::l c:: ~ , 10 ~ I c;,~ I ~g I ttJp' I E~ I ~ 5 f tI)~1 ;;, GI I 0'- 1 . ,.[1 -. , ST43 []'- D CJ ,LJ i:J rD ST46 o llif ~.-" lJ Figure 11 Jump5taJt Hammock Site, 8CR881, showing ioeation of shovel tests, site and buffer boundaries @ N . =POSITIVE SHOVEL TEST o 'NEGATIVE SHOVEL TEST o =PtNFLAGGED BOUNDARY POINT - =SITE BOUNDARIES ~-- ........ o 25 50 lIF.II1OO1 '100 I"eet approx. '--- 35 Figure 12. View west_ Gene Erjavec sifts Shovel Test 1 in Jump-Start Hammock Site, 8CR881 Figuie 13. View northeast at deep pond apple s]ollgh soutlJ?a>t of the -Iump-S~ari Hammock Site. This was the likeiy water source for the site_ Recommendations The archeological assessment of the Toll-Rattlesnake Parcel resulted in Ihe documentation of five prehistoric archaeological sites: the Hunting Camp Site, 8CR556, the Clamshell Cove Midden Site, 8CR878, the White Shell Hammock Site, 8CR879, the Deep Marsh Hammock Site, 8CR880, and the Jump-Start Hammock Mldden, 8CR88! All five sites provide evidence of prehistoric habitation typical of small camps or villages_ All five sites should be considered for preservation as green space areas, if feasible. If preservation of all or parts of the sites are not feasible, then additional archaeological investigations should be conducted to further document and mitigate these sites to offset any possible adverse impacts to these sites from clea.ring and development. If any or all of the sites are set aside as a green space preservation, then the following guidelines should be considered: Prior to any clearing or grubbing activities within 200 feet of the site, a temporary construction fence should be placed around the site. e Any clearing of the site (i.e. removal of exotic vegetation) wtll need to be conducted by hand. No equipment should be used to clear the site or remove --debris from the site area_ All clearing, grubbing, and subsurface alterations (i_e- utility ditches, roads, plantmg) within 200 feet of the site should be subject to ar'chaeological monitoring_ No storage of fiJI, equipment, or supplies should be placed within Ihe slle preservation area_ Any landscaping of an archaeological preservation area should be coordinated with the archaeologist. Three other hammocks, Targets 3, 13 and 18 (Figure 3), are considered possible archaeological sites_ Even though our testing on those targets uncovered no artifacts or cultural material, the features are consistent with other archaeological sites in the area_ If fuhtre development grubbing, scraping or clearing is proposed for these three areas, then a Phase 2 assessment of the affected targets should be conducted. It should be noted that cypress solution ponds have the potential of yielding Archaic Period human burials as similar features in the area have been used as mortuary ponds (Beriault e/ aI., 1981 :57). The difficulty of adequately tes,ing these features In a Phase 1 survey should be considered in thc event that subsequent development proposes demucking these features. In this event, a plan should be In place to allow for monitoring by archaeologist of any pond related demucking. Particular attention should be provided to the possibility Ih"t human graves could be associated with any of these sites, paliicufarly where midden deposits are relatively deep. If human remains al-e encountered, the provisions for Florida Statue, 872.05, the Unmarked Human Graves Act shall apply. 37 Although a thorough and systematic effort was made to document sites on the subjecl parcel, there is still the potential of other archaeological sites, features, or art; facls ex.isting, and should subsequent development reveal this, efforts should be made to protect or document these resources, and if human remains are encountered then the provisions of Florida Statute 872_05 will apply. 38 RefereGIces Cited Allerton, D and RS Carr 1988 An Archaeological Survey of the Shell Big Cypress Seismic Project (DNR permit G81-86)_ Manuscript on file, Archaeological and Historical Conservancy, Florida. 1990 An Archaeological and Historical Assessment of the Goodland Marina Project Tract, Collier County_ Conducted for Coastal Engineering Consultants. Almy, MM and JG Deming 1982 Cultural Resources Survey of the Emerald Lakes Tract in Northwest Collier County, Florida. Archaeological Consultants Inc_, Sarasota FMSF #902_ 1986a Archaeological Assessment Survey of Twelve Lakes, Collier County, Florida. Archaeological Consultants Inc., Sarasota_ J 986b Archaeological Assessment of Bretonne Park, Collier County, Florida Archaeological Consultants Inc., Sarasota_ 19860 Archaeological Assessment of City Gate Commercial Park, Collier County, Florida Archaeological Consultants Inc, Sarasota. 1987 ArchaeoJogical Assessment Survey of Designated Potions of the Woodlands in Collier County, Florida Archaeological Consultants Inc., Sarasota. Athens, WP 1983 The Spatial Distribution of Glades Period Sites within the Big Cypress National Preserve, Florida. Masters thesis on file, Florida State University, Tallahassee, Florida_ Beriault, JG 1973 A Preliminary Report on the Area Known as the Collier-Coral Ridge Tract, Southwest Florida_ Unpublished Ms, on file at FMSF, Tallahassee and AHC, Miami. 1982 A Preliminary Report on Stratigraphic Excavations at Addison Key, Collier County, Florida_ Unfinished MS ] 986 Report and Recommendations Concerning the Barron Collier Company Tract on Chokoloskee Island, Collier County, Florida, MS on file, AHe. 1987 Suggestions for a Collier County site Model, a report submitted to the Archaeological and Historical Conservancy, December 15th, 1987_ MS on file, AHC. 1998 An Archaeological Survey of the Standerfer ParceL Lee County, Florida. AHC Technical Report #226 39 Beriaull, JO, RS Carr, J Stipp, R Johnson, and J Meeder 1981 The Archaeological Salvage of the Bay West Site, Collier County, Florids_ In Florida Anthropologis/ 34(20):39-58. Beriault, JG and RS Carr 1998 An Archaeological Survey of the Winding Cypress Parcel, Collier COWlty, FL_ AHe Technical Report #221. Beriaul~, JO and C Strader 1984 A Preliminary Report on Stratigraphic Excavation on Chokolo5kee Island, Florida. Southwest Florida Archaeological Society, MS on file, ARC- Bullen, RP and AK Bullen 1956 E.xcava~ion on Cape Haze Peninsula, Florida_ Contributions of the Florida Slate Museum. Social Sciences I, Gainesville, Florida_ Carbone, V A 1983 La~e Quaternary Environments in Florida and the Southeast. The Florida An/hropologis/36:3-17. Carr, RS ]986 Preliminary Report on Excavations at the Cutler Fossil Site (8DA200J)in Southern Florida. The Florida Anthropologis/39:231-232. J 989 All Archaeological and Historical Survey of Part of the Williamson Property, Collier County, Florida. f\Jchaeological and Historical Conservancy, Millmi FMSF 2458. Carr, RS and D Allerton 1988a An Archaeological Survey of North Keewaydin Island, Collier County, Florida_ Archaeologicalll/ld Historical Conservancy, Miami, Florida_ 1988b An Archaeological and Historical Assessment of the Goodland Marina JProjeo Tract, Collier County, Florida MS on file, Archaeological and Historical Conservancy, Miami, Florida_ Carr, RS and JG Beriault 1984 Prehistoric Man lrl South Florida In P J Gleason (ed). Environments of South Florida: PresenlandPast n. Coral Gables: Miami Geological Sociely, fL. pp- 1-14_ Carr, RS and K Heinz 1996 Archaeological Excavations al the Ryder Pond Site, 8LL1850, Lee County, FL_ ApIil.1986 Carr, RS and W Steele 1993 An Archaeological Survey and Assessmem of the lely Resort l'roperlies, Collier County, FL ABC Technical Repon #70_ 40 Carr, RS, W Steele and J Oavis J 994a A Phase I Archaeological and Historical Assessment of the Piper Tract, Collier County, Florida. April, 1994 ! 994b A Phase n Archaeological and Historical Assessment of the Piper Tract, Collier County, Florida. June, 1994. Clausen, C and J Gifford 1975 Florida spring confinned as 10,000 year old early man site. The Florida Anthropologist 8 (3), Part 2 Cockrell, W A 1970 Glades I and Pre-Glades Settlement and Subsistence Patterns on Marco Island (Collier County, Florida). M A. thesii of file, Florida State University, Tallahassee, Florida. Cockrell, W A and L Murphy 1978 Pleistocene Man in Florida. Archaeology of Eastern North America Vol. 6. Newark, Delaware: Eastern States Archaeological Federation. Cushing, PH 1897 Exploration of Ancient Key-Dwellers' Remains on the Gulf Coast of Floridn Proceedings of the American Philosophical Society, Philadelphia 35 (I 53): 1-329-448. Daniel, Rl and M Wisenbaker 1987 Hamey Flats. Baywood Publishing Company, Farmingdale, New York. Oelcourt, PA and HR Delcourt 1981 Vegetation Maps for Eastern North America: 40,000 Years B.P to Present. In R.C Romans (editor) Geobotany 11. New York: Olenum Publishing Press. Derning, JG and M Almy 1987 A Cultural Resource Assessment Survey of the Audubon Country Club Tract in Northwest Collier County, Florida Archaeological Consultants Inc., Sarasota, Florida FMSF 1487. 1988 Mitigative Excavation at Selected Portions of Site Complex 8CR860 in Northwest Collier County, Florida. Archaeological Consultants Inc, Sarasota, Florida FMSF 1813. Oickel, 0 and RS Carr 1992 Archaeological Investigations at Bonita Bay Properties, Phase II. Lee County, FL. AHC Technical Report #49 Douglass, AE ] 885 Ancient Canals on the South-west Coast of Florida. AmeYiamAntiquarian 7227-285. 1890 Mounds in Florida. American Antiquarian J 2.105-107 41 Durnford, CD 1895 Tite discovery of aboriginal netting, rope, and wood implements in a muck deposit in west Florida. American Naturalist 29: 1032-J039. Hek, CR 1997 An Arcitaeolo~cal Survey of the Pembroke Center Parcel DR!, Broward Coullly, Florida. AHC Technical Report #198. Ehrenhard, JE, RS Carr, and RC Taylor 1978 The Archaeological Survey of Big Cypress National Preserve: Phase 1- National Park Service, Southeast Archaeological Center, Tallahassee, Florida. 1979 The Big Cypress National Preserve: Archaeological Survey Season 2. National Park Service, Southeast Archaeological Center, Tallahassee, Florida. Ehrenhard, IE and RC Taylor 1980 The Big Cypress Nalional Preserve: Archaeological Survey Season 3. National Park Service, Southeast Archaeological Center, Tallahassee, Florida. Ehrenhard, .IE, RC Taylor, and G Komara 1980 Big Cypress National Preserve Cultural Resource Inventory Season 4. Nmional Park Service, Southeast Archaeological Center, Tallahassee, Florida. Fay, P and RS Carr 1990 An Archaeolo~cal Review Of Select Sites of Impact in th~ National Panther Refuge, Collier County, Florida AHC Technical Report h22. Fradkin, A J 976 The Wightman Site: A Study of Prehistoric Culture and Environment on Sanibel Island, Lee County, Florida. M.A Thesis, Department of Anthropology, University of Florida, cminesville Fuhrmeister, C, RJ Austin, and H Hansen 1990 Cullural Resource Assessment Survey of the Collier Tract 22 Development Site, Collier County, Florida. Piper Archaeologicru Reseru.ch Inc. St Petersburg, Florida FMSF 2423 Goggin, JM 1939 A Ceramic Sequence in South Florida. New Mexico Amhropologist 3:36-40. 1940 The distriblltion of pottery wares in ahe Glades Archaeological Area OfSOUlh Florida. New Mexico Anthropologist 4:22-33. 1947 A Preliminary Definition of Archaeological areas and Periods in Florida. American Antiquity 13:1 ]4-127 194911 Cullural Occupation at Doodland Point, FJOlida. T'/I€ FJoyida Amhrvpolog-iS/ 2(3- 4) 65.91 42 Goggin, 1M (com,) 1949b The Archaeology of the Glades Area. Unpublished MS on file, BE Archaeological Research Center, NPS, Tallahassee, Fl. 1949c Cultural Traditions in Florida Prehistory, In Jw. Griffin (editor) The Florida Indian and his Neighbors, Winter Park, Florida: Rollins College. Goggin, JM and WC Sturtevant ]964 The Calusa: A Stratified, Nonagricultural Society (with notes on sibling marriage), In W Goodenough (editor) Explorations in Cultural Anthropology: EssaysinH(1/1(J1"ifGeorge PeterMurdtxk New York: McGraw Hill pp. 179-291- Griffin, ,rw 1974 Archaeology and Environment in South Florida. In PJ. Gleason (ed,), Environments of South Florida: Present and Past 11. Coral Gables: Miami Geological Society, pp 342-346, 1988 The Archaeology of Everglades National Park: A Synthesis. National Park Service, Southeast Archaeological Center, Tallahassee, Florida Hrdlicka, A 1922 The Anthropology of Florida, Deland, Florida: Publications of the Florida State Historical Society 1. Kenworthy, CJ 1883 Ancient Canals in Florida. Smithsonian /nstil11tion Annual Report for /881: 105-109 Kroeber, AL 1939 Cultural and Natural Areas in Native North America. Berkeley: University of California Press. Laxson, DD 1966 The Turner River Jungle Gardens Site, Collier County, Florida. The Florida Anthropologist 19: 125-140, Lee, AR, 1G Betiault, W Buschelman, 1 Belknap 1993 A Small Site - Mulberry Midden, 8CR697 - Contributes to Knowledge of the Transitional Period The FloridA Anthropologist 46:43-52. Lee, AR, JG Beriault, J Belknap, WM Buschelman, AL Snapp and JW Thompson ! 997 Salvage En:cavation of an Archaic Period Special-Purpose Site in Collier County. The Florida Anthropologist 50 11-24. 1988 l-leineken Hammock, 8CR231 A Late Archaic Conidor Site in Collier County. SOlllhwest FIOlida Archaeological Society. Naples, Florida. 43 McMichaels, A J 982 A Cullltnll Resource Assessment of Horrs Island, Collier County, Florida. MA thesis, Depanmenl of Anthropology Univemity of Florida, Gainesville Ml2fqUl2fdl, WH 1984 The Jooslyn Island Moond and its Role in the Investigation of Southwest Florida's Past. Gainesville: Florida State Museum, Department of Anthropology, Miscell&lleous Project Report Series 22. 1987 The Ca!usa Social Formation in Protohistoric South Florida. In T.C Patterson and C.W. Gailey (editors) Power Relations and Slate FonnatiQf1. Washington, D.C.: Archaeology Section, American Anthropological Association, pp. 98-1 16. 1988 Politics and Production Among the Calusa of South Florida. In T. Ingold, D. Riches, and J Woodburn (editors) Hunters ami Ga/herers 1: History, Evolution, and Social CJ-.ange. London: Berg Publishers, pp. 161- 188. 1992 Recent Archaeological and Paleoenvironmental Investigations in Southwest Florida.. In W.H. Marquardt (editor), Cullure and Errvironmenl in the Domain oj the Calusa. Gainesville: Institute of Archaeology and Paleoenvironmental Studies. Monograph I, University ofl'lorida, PI'. 9-58. Martinez, C ! 977 ArChlleologlcal and Historical Survey and Asse~sment of the Proposed Collier County 201 Waste Water Management Facilities, Collier County, Florida. Russell & AJ:onlnc and Smally, Welford & Nalven tnc FMSF #257. Milanich, JT 1994 Archaeology of Precolumbian Florida. Gainesville: University Press of Florida. Milllnich n, J Chapman, AS COI'dell, SHale, 1ll1d R Merrinan J 984 Prehistoric Development of Calusa Society in Southwl'>st Florida: Excavation Oil UsepI'a Island. In D.D. Davis (editor) Perspectives on Gulf COCIsl Prehi$/OIJI. Gainesville: IIJniversity Presses of Florida, 1'1'.258-314. Milanich, IT and CH Fairbanks 1930 Florida Archaeology. New York: Academic Press Miller, 11 and MI.. Fryman 1971': An Archaeological and Historical Survey of the Collier Bay Tract, Marco Island. Cultural Resource Management Inc., TaJlahassee, Florida. FMSF #3124. Moom, CR 1900 Certain Antiquities of tlte Florida West Coast. Jounuxl of the Academy oj Natural Science, I"hiladelphia 11369-394. 1905 Miscellaneous Investigations in florida. JOlImo;l of rhe Academy of Nalumi Science, Philadelphia 13:299.325 44 Moore, CB (cant) J907 Notes on the Ten Thousand Islands. Journal oj the Academy of Natural SCience. Philadelphia 13:458-470. Morrell, RL 1967 Florida site form for site 8CR107. 1969 Fiber-tempered Pottery from Southwestern Florida Abstract of presented paper, American Anthropological Association Annual Meeting, New Orleans, on file at Al-lC. Russo, M 1990 Report I on Archaeological Investigations by the Florida Museum of Natural History at Horrs Island, Collier County, Florida. FMSF 2353. Scholl, DW, FC Craighead, and M Stuiver 1969 Florida Submergence Curve Revisited: Its Relatton to Coastal Sedimentation Rates. Science 163: 562-564 Sears, WH 1956 The Turner River Site, Collier County, Florida. The Florida Anthropologist 9(2):47-60. 1966 Everglades National Park Archaeological Base Mappmg Part I. Unpublished, FMSF MS# 1009. 1967 Archaeological Survey of the Cape Coral Area at the Mouth of the CaIoosahatchee River. The Florida Anthropologist 20: 93-102. 1982 Fort Center: An Archaeological Sile in the Lake Okeechobee Basin. Gainesvi lie: University ofFIOfida Press. Simons, MH 1884 Shell Heap,s in Charlotte Harbor, Flolida. Smilhsol1ian lns/ilU/ion Annual Repor/ jor 1882' 794-796. Stirling, MW 1931 Mounds of the Vanished Calusa Indians of Florida. SmIthsonian fnstilu/ion Explorations and Field Workfor 1930: \67-172. 1933 Report of the Chief Bureau oj American Ethnology Annual ReporI48:3-21. 1936 Florida Cultural Affiliations in Relation to Adjacent Areas. In Essays in Anlhropology in Honor of Alfred LoUiS Kroeber. Berkeley University of California Press, pp 351-357. 45 Swift, A and RS Carr 1989 An Archaeological Survey of Caxambas Estates, Collier County, Florida. Archl>OOlogical and Historical Conservancy, Miami, FL AHC Techmcal Reporl #13. Taylor, RC 19&4 Everglades National Park AJchaeological Inventory and Assessment Season 2: Interim Report National Park Service, Southeast Archaeological Center, Tallahassee, Florida 1985 Everglades National Park Archaeological Inventory and Assessment Season 3: Interim Report. National Park Service, Southeast Archaeological Center, Tallahassee, Florida. Taylor, RC and G Komara 1983 Big Cypress Preserve Archaeological Survey: Season 5. National Park Service, Southeast Archaeological Center, Tallahassee, Florida. Van Beck, JC and lM Van Beck 1965 The Marco Midden, Marco Island, Florida. The Florida AmhropoiogiSI 16: 1-20. Widmer, RJ ] 974 A Survey and Assessment of Archaeological Resources on Marco Island, Collier County, Florida. Ms on file, FMSF #265. j 983 The Evolution of the Calusa, a Non-agricultural Chiefdom Oil the Southwest Florida COIlSt. Ph.D. thesis, Pennsylvania State University, dislriblJll00 by University Microfilms International, AnI) Aroor, Michigan. 1996 Recent Excavations at the Key Marco Site, 8CR48, Collier ComIty, ll'lorida. The Florida Anthropologist 4910-26. WiUiam~, JL 1837 1he TerritOlY of Florida. Gainesville University Press ofFlorida. 46 AppellldiJ. U. Featbers Parcel (;emera! Field SpecimeUl Log I FS SI'" I-W'=' ..... n8CR881 ST I, 20-65 I Target I cm I I (Jump-Start I I Hammock I Site Descriptio<! 8CR879 ST 2, Target 2 (White Shell Hammock Site) ~ 8CR880 ST 6, I Target 6 I I (Deep Marsh Hammock I J ~Sjte r--1-SCR556 I ST 7, 10-30 Sand-tempered ceramics (3 'I I Target 10 em I pc), I: (Hunting I faunal bone (1.6g), I I I Camp marine shell (3. Og) rs--i 8CR878 r-rf~~:r~et 0.20 t 1 pc. clam shell (I 14g) I II em I ! I (Clamshell I I I I I Cove ! 11, 6 I' 8CR878I ~i:f~~:~. J Do. I WhO<, o.m.II,1I ',If-,"II collected In (138.3g) I eastern I I I portion of I i i I Clamshell I I I "Covell II~ ! I I Midden h, . 171 8CR878 I ST-9, Target I ~~35-n-PC wood ~GE-, 1116/04 , I ]1 I em I I . I II (Clamshell I I I I I I Cove I i II i i I I I Midden I L-_ rlm. I I 8 8CR878I 51' 10 'I 0.35 i Faunal bone (2.3g), i 18, GE 11116i04-1 I I em I sand-tempered plain I I I I I I I ceramics (22 pc., 3 rims), I ! I LL__L .~__.L~:~;~~~::~I: ~:7)4g)'_~____L~ Shell (6I.2g), faunal bone (10. Ig), charcoal (04g), wood (I. 2g), Root molQi7 c. Faunal bone (3 5g), lightning whelk columella chisel Collector Date Collected JB,GB !II 5/04 2 118'GE !llS/04 JB,GE !lIS/03 I I m,GE ! !l16/04 I 20-55 Sand-tempered plain I ceramics (9 pc.), charcoal (0. I g) em I I I 18,GE I I I 11l6/04 l i ' I III 6/04 I I I I 47 AppealldlOll 2. Sole eRGSn, Ji8ilDlp SIan BIlIWDIIIOl:K, FiellaI Spe.ciDlDttill ~ I I ShoveD Depth ! --1 I FSII 1[' est It Leve (~rnbs Des~ription C4DI~tOJ" I i!)attt '~I_1-_ ) _ _ -- . ') 32 1 0-] 8 sand-tempered plain ceramic body I RP/SF 10/1ll! sherd (I) 05 I I raccoon teeth (3) mcludes 2 I molars, 1 premolar I I I foooolb,oo ( "go"", " g b_) i includes snake, turtle ~+"I shell (... g total, .. g burnt) includes clam -sMi] (.g) JOhil/ 2 18-60 ~nd-tempered plain ceramic borly RP/SF I sh~rds (2) 05 ! I I I faunal bone ( .. g total, ... g burnt) I i includes tunle 1 I I shell Lell) includes clam I I snal!i. g) -. H 33 1 0<>0 : sand-tempered plain ceramic body I CW 10/18/ : sherds (9) ~ OS I I faunal bone (...g total,... g burnt) 1 includes tunle, snake . :! I faunal teeth(J deer, 1 stingray) ILl : I 'I ~.gL. I i I 1 I. I charcoal (...g) I 1 I ~burnt seeds (3) . . .'Jt2. .1341.. I I 0-5.00 I:faulla..l.bo... ne(.ugio-tal, ...gbUml) \ RP/SF [IOlf8t I ! I ! I I incl\,de8 snake, turtle_OS i- ._1 I~__-----Lseeds (2) I B3 f37l J ,0-50 Ifaunalbone(...gtotal,u.gburnl) I CW IW/19/ i : ! includes snake, turtle OS r-w 14 11'. 38 i 'l'. ~20 i.,~;~E~r;}p~Md' II "'SF I'~:w I I faunal bone (.. .g) . ! I · '. she!Ll-,-g) includes clam, oyster I I ! I I ! ..,. ) -----j I i I _;~~~{l)----i I US 38 1120-70 'I sand-tempered plmrn ceramic body I RP/SiF I.. JO/1W I~ds (flL__ __~_I ! 05 I [ faunal bone ( g) includes snake, f I I , I turtle I i ! _~~l( g)mcludesconch,~_ l_ _i~ 48 1-;----11 I I ~IL8L_ charco aLL .g) 115 39 2 20-70 sand-tempered plain ceramic body I sherds (4) faunal bone (. g) includes deer, turtle faunal teeth-(7 deer) I I shell (g total, .. g burnt) conch, I I L1 clam I snail( . g) I 17 41 1 0-15 faunal bone (g) includes turtle I I 18 42 I 0-40 sand-tempered plain ceramic body sherds (5) ~aunal bone (.. g total, .g burnt) I includes nutle I ! I shell (. .g) includes oyster l RPISF 10/19/ 05 I I ICharc:oal (.. . g) .--1.--.L _. I burnt seeds (L ~. lO/l9/ ~r:" ~ I I I _~L I I L. Site SeRSSI (Jump-start Hammock) 'CW=Craig Weaver, RP=Reve Pidgeon, SF=Scott Faulkner 49 Appetll;JJix 3: 'h!n-RaWcsuake Parcel Sbovel Test and Ta'.get !Log Jolm Beriault, Gene E~avec -1-15-04 to 1-22-04 S'fl (45 cm x 45 cm) Positive. Dug in west-central area of Target III (Jump-Start Hammock Midden (CR88!) near highest point ofhanunock 0-20 em Silty black viscous soil, large lateral roots 20-50cm Silty black soil, fewer roots, abundant faunal bone, turtle bone, possible bone pin, marine shell (whelk and kings crown) (FS-!) Soi I is grayer, marlier, still some faunal bone, marine shell, rool casts Li mestone cap rock 50-65cm 65cm ST2 (4Sem x 45 em) Positive. On north end of Target 112, a prominent live oak cabbage palm hammock (\I.'hite Shell Harrunock Site, 8CR879) 0-15 cm Black silty soil, faunal bone, whelk columella chisel (FS-2) 15cm Limestone caprock ST3 (45cm x 45 cm) Negative. As above, but 250 feel south of ST2 near south end of hammock island near highest ground Black silty soil Chalky, unconsolidated limestone marl 0-20cm 20-25em S1'4 (45cm x 45 em) Negative. In northeast-center of Target #3, an elevated crescent- shaped area of scattered large live oaks in the extreme southem portion oflhe parcel 0-35cm Gray sand 35-55cm Brown hardpan sand S5cm Limestone caprock and loose Pleistocene Chione cancellma shel Is ST5 (45cm x 45 cm) Negative. In west-central portion of Tar gel #4, a round, elevated live oak, saw palmetto hammock in a deep cypress slough in the extreme southeastern comer of the subject parcel 0- i 5cm Dark gra.y sand ] 5-55cm Medium gray sand 55-75cm Light gray sand Target #5 is a small circular to ovoid higher ground area vegetated in 3-foOl high saw palmettos, dahoon holly, wax myrtle, elevated +20 em. higher than the surrounding cypress slough. The feature wasjudgcd to have minimal archaeological potential and was not shovel tested. S1I'6 (45cm x 45 cm) Positive. In Target #6 (now called the Deep Marsh Hammock Site, 8CR880), a moderately elevated cabbage palm hammock situated immediately north of a very deep teardrop-shaped marsh pond in the southeastern corner of the parcel. Shovel test placed in southeast-central part of target. 0-20cm Black silly soil 50 20-55cm Light grayish-black soil, moderate quantity of Sand-tempered plain ceramics (FS-3) Lighter gray sand 55-70cm Target #7 is a poorly defined higher ground area vegetated in cabbage palm, dahoon holly, slash pine, and fern in the northern portion of the subject parceL The FLUCFLS designation suggested the area could be a viable target but ground truthing determined that the target to be of minimal potential, and it was not shovel tested Target #8 lies 600 feet SSE of Target 117 and proved to be a very prominent ovoid formation of cabbage palms, emerging slash pine, and tall dahoon holly. The target lies immediately west of a prominent sand trail visible on aerial photographs. The low elevation and vegetative makeup suggested the feature was of minimal archaeological significance and thus it was not tested. The VTM coordinates of this feature were erroneously given as those for the Hunting Camp Hammock Site in 1985. The actual site lies about 900 feet SW of this feature. Target #9 is a tight circular cluster of very tall cabbage palms situated 150 feet NNW of the intersection of two prominent trails in the northern portion of the subject parceL The elevation of this feature is low and did not suggest a significant area and so was not shovel tested ST7 (45cm l{ 4S cm) Positive. In Target #10 (the Hunting Camp Hammock Site, 8CR556), an elevated circular hammock island about 80+ crn. higher than the surrounding open cypress area The site is approximately 300 yards SW of the position indicated in the 1985 site form filed by this investigator. Shovel Test is placed in the west-central portion of the site area. 0- \Ocm Silty black soil ] 0-30em Silty black soil becoming grayer with depth 9increasing concentration of limestone marl), faunal bone, marine shell, thin STI' ceramics (FS-4) 30cm Marly, ashy-looking chalky limestone STS (45cm J{ 45 em) Positive. In Target #11 (now called the Clamshell Cove Midden, 8CROOO), a ovoid, high-elevation anomaly vegetated in a diverse tropical hardwood hammock Elevation is 80+ em. above surrounding open cypress area Shovel test is in the southwestern-central area of the featUre. 0-20cm Black silty soil, ] pc. of clamshell (FS-5) 20cm Chalky, marly limestone caprock Note: FS-6 is a whole half-shell from a venus dam (Mercenaria campechiensis) surface- collected 8 meters east ofST8. sn (45cm l{ 45 em) Positive As above, but 10 meters northwest in northwestern quadrant of site area 0-35cm Black silty soil, one fragment launal bone (HlS-7) 35cm Chalky, marly limestone 51 s'no (45cm x 45 em) Positive. 6 meters NE of ST8 near center of site area O.35cm Dark black silty soil, abundant STP ceramics, including one shenl with cross-hatched, after-lite-fact etching that may represent wear from sharpening bone pins, Spisukt and clam shell, and faunal bone (FS-S) 35em Limestone caprock STH (45cm" 45 cm) Negative. In Target #12 all ovoid 10 slightly crescent-shaped cabbage palm/live oak/slash pine island SE of the bend in the road leading into the Florida Sports Park in the northwest part of the subject parcel. Shovel test is in SW quadrant of this feature near abrupt drop-offimo fonner cypress areas to lhe southwest. 0-15cm Black silty soil lScm Chalky, ashy limestone SHZ (4Scm ,,45 cm) Negative. As above, but 20 melers east ofSTl1. 0-10cm Marly gray soil 10em Chalky, ashy limestone caproek STiJ (45cm" 45 cm) Negative As above, but 15 meters NE of8112 0-20em Marly gray soil 20em Chalky, ashy limestone caprock S1fl4 (45em ,,45 em) Negative. In TllIget #13, a crescellHlulped, elevllted sand ridge vegetated in live oak with a saw palmetto understory simated betwem two flanking marshes in the northerly extension oflhe subject parcel. Shovel lest is in lhe north-central portion of the ridge on the highest ground closest to both marshes 0-45cm Gray sand, at 30 cm depth are bils of compressed clayey loam irutilllll' thought to be ceramics but determined to be natural. 45em Hard dense tarry, brownish.black hardpan soil SHS (45cm" 45 em) Negative. As above but 5 meters south ofSTI4 0-55cm Gray sand 55em Tany, blackish-brown hardpan ST16 (45cm" 45 em) Negative. AE above, buill meters NE of5114 on tIlslern slope of ridge as it drops 10 eastern mllIsh. 0-45cm Gmy sand 45CfTI Brown hardpan sand STt1 (45cl1I1 K 45 em) Negative As above, but 16 meters south ofSTl5 0- 50em Gray sand SOem Dark brown hardpan STiS (45em )( 45 em) Negative. As above, bUl20 meters SE ofSTl? j;1 ellStem part of ridge 0-60cm Gray sand 52 60cm Dense brown hard pall STI9 (45cm l\ 45 cm) Negative. In Target J4, a crescent-shaped higher ground oak hammock area 300 yards east of Target 13 on the e!llltem edge of the eastern marsh. Shovel Test is in a circular high area in the southerly portion of this feature 0-50cm Gray sand SOcm Dark brown hardpan sand ST20 (45cm x 45 cm) Negative. In area of Target 14 to the north 250 feet of ST19 in a moderately diverse hardwood coppice which includes mature camphorwood 0-40cm Dark black silty soil 40-60cm Admixture of dark silty soil with brown hardl,an 60cm Increasing concentration of brown hardpan S1"21 (45cm x 45 em) Negative. As above, but 4 meters east of ST20 0-45cm Dark black silty soil 45-50cm Soil lightens to dark tannish-brown Target filS is a cabbage palmi slash pine area on only moderately elevated ground to the north of a very deep slough in the extreme northwesterly portion of the northern extension of the smbject parcel. The area was visually examined but it was decided the Target had low probability of archaeological remains and was not shovel tested. Target #16 is a circular to ovoid slash pine island with cabbage palms and limited tropical elements such as myrsine and with a dense saw palmetto understory There is abundant remains of recent refuse including an old metal bunk bed, timbers and galvanized roofing suggesting a modem hunting camp may have occupied the feature. The area was examined but was not considered archaeologically significant and was not shove! tested. Target #17 is an area of moderately dense and emerging cabbage palms in the southern portion of the northern extension of the subject parcel. The area shows no sign of topographic variation, is not close to deep marshes or other warer sources, and contains few tropical hardwood elements. It was judged not archaeologically significant and was not shovel tested ST22 (45cm x 45 em) Negative. In Target #18, an elevated bedrock "unconformity, circular in shape and vegetated in a limited tropical hardwood hammock which includes red bay, myrsine, white indigo berry, wax myrtle, live oak with a dense boston fern understory. The feature, surrounded by a low area now vegetated in dense meleleauca is apprmdmately &0+ em higher than the surroundings. Recent refuse indicates the area may have been camped upon in modem times. Shovel test is in west-central portion of featme. 0-20cm Black silty soil 20cm Chalky limestone caprock STIJ (45cm J\ 45 cm) Negative As above, but 4 meters NNE ofST22 53 0-2Ocm 20cm 35-45cm Silty black soH Chalky limestone caprock Irregulfl.\' limestone eaproek STItt (45em 11 45 cm) Neg&tive As above, but 4 meters NNE ofST23 0-15cm mack silty soil ! 5em Cflalky limestone eaprock ST25 (45em l( 45 em) Negative. target 0-25em 25cm As above, but 6 meters west of ST24 in NW quadrant of Black silty soil Increasing ehtdky limestone caprock STZ6 (45cm 11 4.5 cm) Negative. In Target #19 an elevated live oaklcabbllge palm hammock feature 500 yards NW of the north end of Brandy Lane. Shovel test is in the east-central portion of targe\. 0-20cm Dark gray sand 20-4Scm Brown sand, one I-cm. quartz pebble, likely bird crop stone@ 2S em. depth (not collected) 25-45cm Irregular solutioned limestone eaprock SlI'2:7 (45cm x 45 em) Negative. As above, but 8 meters NN\oV ofST26,juSI50Ulh oflbe sand trail crossing tile IMget 0-30cm Grayish-brown sand 30cm Marly limestone eaprock 8oT23 (4Scm x 4S em) Negative. As above, but 8 meters nonh of ST27, just north of the sand tm.il crossing the target 0-45cm Grayish broW1l sand 30-45cm Irregular limestone caprock Feathers 21'arcel Shovel Test and Target Log as Compiled by Craig 'We2lver beginning October 18"', 2005 October 18-21,2005. Crew Craig Weaver, Scott faulkner, Reve Pidgeon December 5-9, 13, 2005 Crew - Craig Weaver, Jarrod Haymon Juwp-start KIallDDlIIloc1l< Site (SCRII31), Target III is a tropical hardwood hammock with diversified vegetation, inducting sabal palms, Jive oaks, camp horwood, wild wff~, myr.ine, etc. One shovel lest from 2004 investigations (ST-1) was relocated, and the site was delineated by shovel testing N-S and B-W transects cent.ered Oil ST-] Eight shovel tests were positive and seven were negative for cultural materials. .!'in !lags mark the sbove! test locations See the Field Specimen Log for details on anifac.1s and ecofilcls (ceramic potsherds, faunal bone, faunal teeth, shell, charcoal, etc.) from the positive shovel tests. The hammock was investigated on October 1 B-19, 2005 54 Wbitesbeli Hammock Site (8CR87~), Target #2 from 2004 investigations, is a tropical hardwood hammock with diversified vegetation, including sabal palms, live oaks, camphorwood, ferns, wild coffee, myrsioe, etc. One shovel test from 2004 investigations (ST -2, at the north end of the hammock) was positive for cultural materials, but its location could not be relocated. N-S and B-W transects were set up across the hammock, and 17 shovel tests (8T52 through 8T60, and ST88 through ST95) were excavated However, all 17 tests were negative for cultural materials, preventing delineation of the site and the flagging of its boundaries Pin flags mark the shovel test locations. The hammock was investigated 00 October 21 and December 8, 2005 Deep Marsb Hammock Site (8CR881l), Target #6 from 2004 investigations, is a tropical hardwood hammock with diversified vegetation, including sabal palms, live oaks, camphorwood, ferns, wild coffee, myrsine, etc. One shovel test from 2004 investigations (8T-6, at the NE end of the hammock) was positive for cultural materials. The location of 8T6 was not immediately relocated, but eventually was. N-S and E-W transects were set up across the hammock, and 24 shovel tests (8T64 through ST87) were ell:cavated. While all 24 shovel tests were negative for cultural materials, those centered on ST6 allowed for delineation of the site Once delineated, flagging in trees and pin flags in the ground mark the perimeter of the small site. The hammock WII5 investigated on December 5- 7,2005. Target 1120 is a small area of higher ground with II cluster of sabal palms amid the surrounding slash pine and melaleuca trees. One shovel lest (ST29) was excavated, but the target area was considered to be lacking in archaeological site potentiaL Target #20 is situated near the western project l>oundary, off a north-south mnning swamp buggy trail, in the NW quarter of Section 25, to the south of Jump-start Hammock Site (8eR8SI) The target was investigated on October 18, 2005 Target #21 is a small area of higher ground with a concentration of sabal palms. Other vegetation consists of slash pine, saw pal mellO, fem, and Brazilian pepper. Slash pines and melaleuca trees surround the target area. Two shovel tests were excavated, but the target area was considered to have low archaeological site potential. Target #21 is situated SW of Whiteshell Hammock Site (8CR879), and NE of the juncture of N-S and E.W running swamp buggy trails, near the center of Section 25. The target was investigated on October 18, 2005. Target #22 is an area of higher ground, which appears on the aerials as an area with potential but on the ground has slash pine and melaleuca trees. A quick shovel probe revealed I-cm of darker sand above light brown (tat!) sand As the area lacked archaeological site potential, no shovel tests were excavated. Target #22 is situated NW oftbe juncture ofE-W and NoS swamp buggy trails, just west of the boundary between old project area and new project area (SE quarter of Section 25). The target was investigated on October 20, 2005. Tllrget 1123 is a tropical hardwood hammock, with diversified vegetation (live oaks, wild coffee, fern, sabal palm, wild coffee, etc), with archaeological site potential. The higher ground of the hammock meets swamp [0 the west and south. As the hammock appeared 55 to have siKe !JOlentim, IOllr shovel tests (ST48 through S15l) were excavated, but all were negative for cultural materials. Pin flags mark the shovel test locations. Target #23 is situated in new project area at tbe SW quarter of Section 30, between two N-S running swamp buggy trails. The tllJ'get wms investigated on October 20, 2005. 1faD'ge~ #2~. is an Mea of higher ground and diversified vegetation (slash pine, saw pahllelto, sabal palm, holly) surrounded by slB!lh pines and melaleucas. Target #24 is a little north efTarget #23, in the new "reject area at the SW quarter of Section 30, T 50S R27E, elIst of a N-S running swamp buggy trail. While the site potential was low at Tllrget 1124, one shovel test (5147) was excavated, and it substantiated the low potential of the tMget area. The target was investigated on October 20, 2005. TllIrget #25, located southeast of Target #23, appeared to have potential from the aerial, but in reality is a higher ground area of slash pine, melaleuca, saw palmetto, and a lone saba! palm. A quick shovel probe showed tan sand below the surface, which could also be seen on the surface. Considered to not have archaeological site potential, no shovel teilts were excavated at Target #25. The target was investigated on October 20, 2005 Target #26, located ESE of Target #22, was another target that appeared as a small area with sonne potential 011 the aerial. But again tbis was a wgher ground area dominllterl by slash pine, melaleuca, and saw palmetto, with tan sand at the surface. A deer feeder was strung up be\"<iVeel1 two pines. Considered to not have archaeological sHe potential, no shovel tests. were excavated ~t Target 1126. The target was investigated on OClOber 20, 2005. 1fllfrge~ fi.Z7, located in tbe west-central part of Section 25 a little south of the SE.NW trajj between the trail that runs past Jump-start Hammock and a N-S running canal that !ieads to the south end of tbe parcel. It appeared on the aerial as II circular anomaly, possibly a hammock However, on the ground this is an area of saw palmettos amid slash pine/melaleuca stands, with tan sand at the surface. COll3idered not to have ~rchaeological site potential, no shovel tests were excavated at Target 1127. The target was investigated 011 Decemoer 5, 200S. Target i1!28, located a little west of the N-S fUllItillg canal in the SW quarler of Section 25, appears as a smail circular anomaly. On the ground, the tar~ was another area of saw pahnetlOs ntixed with a few wax myrtles, amid slash pinelmelaleuca stands. While the site potential W!'iS low at Target 1128, Oile shovel test (5T61) was eXC!lvated, and it substantiated the low potential of the target area. The larget was investigated on December 5, 2005. Targe. #2'>>, locatt::d uear Target #28, lhis also appears on the aerial as a smaller circular 1'1Ilomaly. 011 the ground, the target was another area of saw palmet10s mixed wilh 1I few.unidentified juvenile deciduous. trees and II few BraziJil\ll peppers, amid slash pillelme1aleucli stands. While the site potential was low at Target #29, one shovel lest (51'62) was excava,ed, and it substantiated the low potential ofjhe lmgel area. The larget was investigated 011 December 5, 2005. 56 TlIlrget #30, located in the SW comer of Section 25 and the parcel, appears as a fairly large circular anomaly, possibly a hammock, on the aerial On the ground, the target was another area of saw palmettos mixed with a few sabal palms, amid slash pine/melaleuca stands. While tbe site potential was low at Target #30, one shovel test (ST63) was excavated, and it substantiated the low potential of the target area. The target was investigated on December 5, 2005 Target #31, located in the SE portion of Section 30 and the parce~ is a tropical hardwood hammock with diversified vegetation, including sabal palms, live oaks, camphorwood, ferns, wild coffee, myrsine, etc. The hammock is the location of a previously recorded prehistoric site known as Silver Hardhat Site, 8CR826. However, most, or all, of the hammock is situated in a rectangular cut-out not included in the Feathers parcel. With no survey stakes to represent the boundary, no shovel tests were excavated at the hummock. It is possible that the easternmost edge of the hammock may be witbin our project area, but it cannot be detennined at this point in time. The target was investigated on December 13, 2005. Target #32, located SE of Silver Hardhat Hammock in the SE portion of Section 30 and the parcel, appears a very small circular anomaly on the aerial, and as a small area of higher ground on the topographic map. On the ground, the target is a cypress dome, with the ground submerged by knee-deep water. As such, no shovel tests were excavated at Target #32. The target was investigated on December 13, 2005 TiIlrget #3J, located N of Silver Hardhat Hammock in the SE portion of Section 30 and the parcel, appears a very small circular anomaly on the aerial, and as a small area of higher ground on the topographic map. On the ground, the target is a cypress dome, with the ground submerged by knee-deep water. As such, no shovel tests were excavated at Target #33. The target was investigated on December 13,2005. Target #34, located in the SE corner of Section 30 and the parcel, and east of Silver Hardhat Hanunock, appears as a circular anomaly on the aerial. On the ground, the target WlIS another area of saw palmettos, amid slash pine/melaleuca stands, with tan sand at the surface. Considered not to have archaeological site potential, no shovel tests were excavated at Target #34. The target was investigated on December] 3, 2005. Tnrgea #35, located in the SE corner of Section 30 and the parcel, and south of Target #34, appears as a circular anomaly on the aerial. On the ground, the target was another area of saw palmettos, amid slash pine/melaleuca stands, with tan sand at the surface. Considered not to have archaeological site potential, no sbovel tests were excavated at Target #35 The target was investigated on December 13,2005. Tatrget #Jr{;, located in the SE corner of Section 30 and the parcel, and south of Target #35, appears as a circular anomaly on the aerial. On the ground, the target was another afea of saw palmettos mixed with a few sabal palms, amid slash pine/melaleuca stands, with tan sand at the surface Considered nOl to have archaeological site potential, no shovel tests were excavated at Target #36. The target was investigated on December 13, 2005 57 5>1['29 (40);: 40 em): Negative. At Target #20, a cluster of saba} palms on a small area of rugMrwoood. . 0-45 em tight broWil (Ian) sand, small root zone 45 em limestone bedrock STJ,@ (40 l( 40 em): Negative. At Target #21, a concentration of sabal palms and other diversified vegetation on higher ground. SurroUllding tbe target area are slash pine and melaleuca frees. 0-2 cm black sand, small root zone 2-40 em ligl!! gray sand, small rOOl zone 40 em limestone bedrock s'nn (40" 40 em): Negative. At Target #21, a concentration of sabal palms and other diversified vegetation on higher ground. Surrounding the target area .are slash pine llnd melaleuea trees. ST31 is 10-m E of 8130, 0-7 em black sand, small root wne 7-45 light gray sand, small root zone, water table hit at 45 cm ST3Z (40" 40 em) Positive. At Jump-start Hammock Site, 10 In eas! ofST-l. 0-] g em black sand, small root zone, cultural material (FS-~) 18-60 em dark gray clayey sand, small root zone, cultural malerial (FS-B@) 60 cm Ii me.tone bedroek STJ3 (40" 40 em): Positive. At Jump-start Hammock Site, 10 m west ofSTL 0-50 cm black sand, small root zone, cultural material (FS-n n) 50-87 cm gray clayey sand, below water table 87 em limestone bedrock ST34 (40 x 40 em): Positive, At Jump-start Hammock Site, 10m east of S132. 0-50 em dark brown sand, small root zone, cultural material (lFS-U) 50-60 cm dark gray sand, below water table ST35 (40 x 40 em): Negative. AI Jump-start Hammock Site, J 0 m ellSt <of ST34. 0-45 em clark brown sand, small root ZOlle 45-56 em light gray sand, below water table STJ;fi (40 x 40 em): Negative, At Jump-start Hammuck Site, ]0 m east ofST3S. 0-40 em dark brown Sllud, small root zone 40-60 em light gray sand, below water table 151'37 (40 x 40 cm): Positive At Jump-start Hammock Site, 10 m west of ST33. 0-50 cm black sand, small root zone, culturalllll!ierial ~lFS-n3) 50-80 em gray clayey sand, below water table 80 em timestone bedrock sns {40 x 40 em}: Positive. At Jump-start Harrunock Sile, 10 m somhofSTl. 0-20 em dark brown sand, small root zone, cultural material (lFS-M) 58 20-70+ cm gray clayey sand, walertable at 68 cm, cultural material (It'S-i5) 81'39 (40 x 40 cm: Positive. At Jump-start Hammock Site, 10m south of ST38 0-20 cm dark brown sand, small root zone 20-80 cm gray clayey sand, water table at 60 em, cultural material (FS-i6) 80 em limestone bedrock S1'40 (40 x 40 em): Negative. At Jump-start Hammock Site, 10 m west ofST37. 0-20 em light brown sand, small root zone 20-50 em mottled light brown and medium brown sand, small root zone 50-92 em light brown (tan) sand, below water table 92 em limestone bedrock ST41 (40 x 40 cm): Positive. At Jump-start Hammock Site, ]0 m south ofST39. 0-15 em dark brown clayey sand, small root zone, cultural materials (FS-17) ] 5-50+ cm gray clayey sand, small root zone, below water table 51'42 (40 x 40 cm): Positive. At Jump-start Hammock Site, 10 m north of ST]. 0-40 em black sand, small root zone, cultural material (FS-18) 40-80 em medium gray sand, water table at 50 em 80 crn limestone bedrock 81'43 (40 x 40 cm): Negative. At Jurnp-startl-lammock Site, ] 0 m north of 8T42. 0-20 em gray brown sand, small root zone 20-84 em light gray brown sand, water table at 40 em, small roots above water table 84 em limestone bedrock S1'44 (40 x 40 cm): Negative. At Jump-start Hammock Site, 10 m north of8T43. 0-20 cm gray brown sand, small root zone 20-76 em light brown sand, water table at 40 em, small roots above water table 76 cm limestone bedrock ST45 (40 x 40 cm): Negative. At Jump-start Hammock Site, 10 m south ofST41, atop small dry depression on the surface. 0-30 cm gray brown sand, small root zone 30-95 em very light gray sand, water table not /tit ST46 (40 x 40 cm): Negative. At Jump-start Hammock Site, 10m south of ST45. 0-30 cm gray brown sand, small root zone 30-60 em light gray sand, water table at 45 em ST47 (40 ){ 40 em): Negative. At Target #24, an area of higher ground and diversified vegetation, n011h of the tropical hardwood hammock of Target #23 0-67 em gray sand, small root zone 67 em limestone bedrock 51'411 (40 x 40 cm): Negative. At Target #23, a tropical hardwood hammock illlhe new project area. Soil appears very midden-like, but no cultural materials were encountered 59 0-52 em 52-62 em 62 em black sand, small root zone brown sand, water table at 50 em limestone bedrock ST49J (40 l( 40 em): Negative At Target #23, a tropical hardwood hammock in the Ilew project area, 10 III north of S148. 0-40 em dark gray brown sand, small root zone 40-45 em bmWlli sand 45 em limestone bedrock 8T50 (40 x 40 em): Negative. At Target #23, a tropical hardwood hammock ill the new project area, 10 m NE ofST49 0-42 em gray brown sand, small root zone 42 em limestone bedrock 8T51 (40 x 40 em): Negative. At Target #23, a tropical hardwood hammock in the new project area, to m S of ST48. 0-15 em dark gray sand, small root zone 15-50 cm orown sand, water taole at 45 em 50 em limestone oedrock STS! (40 K 40 em): Negative. At Whites hell Hammock, toward the north end of the hammock, 10 m north ofSTS3. 0-10 em dark brown sand, small root zone 10-40 cm gray IJrown sand, small root wne, wllter table al 35 cm 40-55 em light gray sand 55 em limestone bedrock ST53 (40 K 40 em): Negative. At Whiteshell Hammock, toward the north end of the bammoek, 10 rn south of ST52. 0-30 em medium brown sand, small root zone 30 em limestone bedrock ST54 (40 x 40 em): Negative. At Whiteshell Hammock, toward the oorth end of tbe hammock, 10 m north of8T52. 0-[ 0 em dark brown sand, small root wne 10-40 em gray brown sand, small mot zone 40-50 cm light gray clayey sand 50 cm limestone bedrock S1I'55 (40 x 40 em): Negative. At Whiteshell Hammock, towlIfd the l'lllrlh end of thlll hammock, 10 m nonh ofSTS3 0-35 em dark gray sand, small rOOl zone 35 em limestone bedrock ST56 (40 ); 40 em): Negative. At Whiteshell Hammock, \ow~J[[) the l10nh end of the hammock, 10 m east ofST53. 0-30 em dark gray brown >land, small root zone 60 30-40 em 40 em light gray clayey sand, small root zone limestone bedrock ST57 (40 l( 40 em): Negative At Whiteshell Hammock, toward the nonh end of the hammock, 10 m east of ST56. 0.20 em dark brown sand, small root zone 20-35 em gray sand, small root zone 35 em limestone bedrock ST58 (40 l( 40 em): Negative. At Whiteshell Hammock, toward the north end of the hammock, 10 m west ofST53. 0-32 cm dark gray sand, small root zone 32 em marly limestone bedrock ST59 (40 l( 40 cm): Negative. At Whiteshell Hammock, toward the north end of the hammock, 10 m west ofST58. 0-30 em dark gray sand, small root zone 30 em marly limestone bedrock STtiO (40 x 40 cm): Negative. At Whiteshell Hammock, toward the north end of the hammock, ]0 m south ofST55. 0.3:2 em dMk gray sand, small root zone 32 cm marly limestone bedrock ST61 (40 x 40 em): Negative. At Target #28, a cluster of saw palmenos and wax mynles 0-22 em 22-55 em light gray sand, small root zone yellowish brown sand, water table at 42 em ST62 (40 x 40 em): Negative. At Target #29, a cluster of saw palmettos, juvenile deciduous trees, and Brazilian peppers 0-12 em dark gray sand, root zone 12-45 em light gray sand, root zone, water table at 45 em 45-50 em reddish brown sand ST63 (40 l( 40 em): Negative. At Target #30, a cluster of saw palmettos and s"bal palms. 0-30 em dark gray sand, root zone 30.-40 em light gray sand, root zone 40.50 em reddish brown sand ST64 (40 x 40 em): Negative. At Deep Marsh Hammock, center of hammoek 0-29 em dark gray sand, root zone, water table at 29 em 29-80 em gray brown sand S1'65 (40 x 40 em): Negative. At Deep Marsh f-j".mmock, 10 m S ofST64. 0.36 em dark gray sand, root zone, water table at 36 em 36-80 em gray brown sand 61 S1'66 (4011 40 em): Negative At Deep Marsh Hammock, 20 m N of ST64. 0-45 em dark gray sand, root zone, water table at 45 em 45-85 em gray brown sand 81'67 (40 x 40 em): Negative. At Deep Marsh Harrunoek, west side of hammock. 0-33 em gray sand, root zone 33-40 em light brown sand, root zone 51'68 (40 x 40 em): Negative. At Deep Marsh Hammock, 20 m W of ST67. 0-22 em gray sand, root zone 22-40 em light brown sand, root zone 51'6!Jl (40 x 40 em): Negative. At Deep Marsh Hammock, 20 m W of ST68. 0-8 em . black sand, root zone 8-40 em light brown sand, root zone S1'7D (40 x 40 em): Negative At Deep Marsh Hammock, 20 m W of ST69. 0-23 em gray sand, root zone 23-40 em light brown sand, root zone S1'71 (40 x 40 em): Negative. At Deep Marsh Hammock, 20 m E of3T67. 0-30 em gray sand, root zone 30-40 em light brown sand, root zone 51'72 (40 ,,40 em): Negative. At Deep Marsh Hammock, 20 mE ofS1'71. 0-}3 em gray to dark gray sand, root zone 33-40 em light brown sand, root zone 8'[73 (40 x 40 em): Negative. At Deep Marsh Hammock, NE part ofhllJllmoek 0-21 em gray sand, root wne 21-35 em tan sand, watertable at 23 em S1'74 (40 x 40 em): Negative At Deep Marsh Hammock, NE jllli1 ofhammoek 0-19 em gray sand, root zone 19-26 em tan sand, water table at 20 em 81'75 (40)[ 40 em): Negative. At Deep Marsh Hammock, l\1E part of ham muck 0-36 em gray sand, root zone 36-45 em tan sand, water table at 3S em SY76 (40 Yo 40 em) Negative At Deep Marsh Hammock, NE part ofhllmmoek 0.-35 em gray sand, root zone 35-50 em tan sand, water table at 43 em :51'77 (40 x 40 em) Negative. At Deep M>>.rsn !l-lammock, south central part of hammock. 0-6 em dark gray sand, root zone 62 6-15 em tan sand, water table at 7 em ST78 (40 hammock. 0-21 em 21-35 em K 40 em): Negative. At Deep Marsh Hammock, south central part of gray sand, root zone tan sand, water table at 25 em ST79 (40 x 40 em): Negative At Deep Marsh Hammock Site, 10 m N ofST6 (positive test from 2004) 0.32 em gray sand, root zone 32-40 em tan sand, water table at 32 em ST80 (40 x 40 em): Negative. At DeOJ' Marsh Hammock Site, 10 m N ofST79 0.25 em dark gray sand, root zone 25.30 em tan' sand, water table at 25 em STIli (40 x 40 cm): Negative. At Deep Marsh Hammock Site, 0.5 m E of8T6 (positive test from 2004). 0-32 em dark gray sand, root zone 32-35 em tan sand, water table at 32 em STII2 (40 x 40 em): Negative. At Deep Marsh Hammock Site, to m E ofST6 (positive lest from 2004) 0-26 em gray sand, root zone 26-30 em tan sand, water table at 26 em ST83 (40 K 40 em) Negative. At Deep Marsh Hammock Site, 10m E ofST82 0.11 cm black sand, root zone 11-20 em tan sand, water table at II em 8184 (40 x 40 em): Negative. At Deep Marsh Hammock Site, 10 m W ofST6 (positive test from 2004). 0- 33 em dark gray sand, root zone 33-40 em tan sand, water table at 33 em ST85 (40 x 40 em): Negative. At Deep Marsh Hammock Site, 10 m W ofST84 0-16 em gray sand, root zone 16.20 em Ian sand, water table at 16 em S1M (40 x 40 em): Negative. At Deep Marsh Hammock Site, 10m S of ST6 (positive test from 2004). 0.2l em dark gray sand, roOl zone 2J.25 em tan sand, watertable at 21 em 51l'87 (40 x 40 em) Negative. At Deep Marsh Hammock Site, 10m S of ST86 0-5 em light gray sand 5-10 em tan sand, water table at 5 em STlUI (40 x 40 cm). Negative. At Whiteshell Hammock, 20 m W of 5T59 63 0-24 em 24-35 em gray brown sandy loam, root zone very light gray elay ST39 (4011: 40 em): Negative. At Whiteshell Hammoek, 20 m W ofST88. 0-23 em gray brown sandy loam, root zone 23-35 em white elay sna (40,r 40 em): Negative. At Whiteshell Hammock, 20 ill W ofST89. 0-20 em dark brown sandy loam, root zone 20-30 em white clay ST91 (4011:40 em): Negative. At Whiteshell Hammock, 20 m N of8T90. 0-23 em dark brown sandy loam, root zone 23-35 em white elay ST92 (40 x 40 em) Negative. At WIDteshell Hammock, 20 m N of8T91. 0-20 em dark brown sandy loam, root zone 20-30 em white elay ST9J (40 x 40 em): Negative. At Whiteshell Hammock, 20 m N ofST92. 0-1 5 em dark brown silty loam, TOot zone 15-20 em white elay ST94 (40 x 40 em): Negative At WhiteshelJ Hammock, 20 m S of5190. 0-4 em dark brown silty loam, root zone 4-25 cm gray brown sand, rool ZOlle 25-30 em white clay 81'95 (40 x 40 cm): Negative. At WhitesheJ] Hammock, 20 m S of5T94. 0-4 em dark brown silty loam 4-40 em gray broWII sand, root zone, water table at 30 em 40-50 em white clay 64 Page 'I Ent D (FMSF Survey # (Frv1SF only) ,<J",,, '~ ~.:j onIYL/_/_._ Survey Log Sheet Florida Master Site File Version 2.0 9/97 Consult Guide to the Survey Log Sheet for detailed instructions. C=:= Idemifieanon ano 8iMt~HHflffirmaJien Survey Project (Name and project phase) Toll-Ralllesnake Parcel Phase One _ Report Title (exactly as on title page) A Phase One Archaeological Assessment of the Feathers 2 Parcel, Collier County, Florida Report Author(s) (as on litle page-- individual or corporate; last names nrsl) Beriault, John G., Weaver, Craig A. Publication Date (year) _2005 Total Number of Pages in Report (Count text, figures, tables, not site forms) _66 Publication Information (If relevant, series and no. in selies, publisher, and city. For article or chapter. cne page numbers. Use the style of American Antiquity: see Guide to the Survey Log Sheet.) Archaeological and Historical Survey Technical Report # Supervisor(s) of Fieldwork (whether or not the same as aulhor[s]; lasl name first) Carr, Robert S. Affiliation of Fieldworkers (organization, city) Archaeologrcal and Historical Conservancy(AHC), Miami FL _ Key Words/Phrases (Don't use the county, or common words like archaeology, structure, survey, architecture. Pul the most important first. Limit each word or phrase to 25 characters.) Feathers, Belle Meade, Rattlesnake Hammock, Sable Palm Road Survey Sponsors (corporation, govemment unit, or person who rs directly paying for fieldwork) Name Sembler Company, Inc. Address/Phone Recorder of Log Sheet _John G. Beriault Log Sheet Completed _1_/_20_/_05_ Is this surveyor project a continuation of a previous project7 X No 8 Yes Previous survey #(s) ,[FMSF only) ~... Mil~ Counties (List each one in which field survey was done - do not abbreviate; use supplement sheet if necessary)_ County Collier USGS 1 :24,000 Map(s): Map Name/Date of Latest Revision (use supplemenl sheel if necessary): Belle Meade and Belle ~eade NW Date .===1 f 11.,,,,,r:rtl"tIIm nt t;urv"'y:::Afftft===_. DatesforFieldwork Start 1/15_/_04_ End_12_/15_1_05__ one) _ hectares 2300 acres Number of Distinct Tracts or Areas Surveyed _one_ Tolal Area Surveyed (fill in ==:1 HRSE(l6610.91 Florid<l Milsler Sit~ File, Division of HtstOriCRI Resources, Gray BlJilding, 500 South Sronough Street, Tallahass~, Florida 32399. 0260 Phone 850-487.L~99.Sfltlcom 271-2299, FAX 850.921--0372, Email fmsfile@mail,rlos.slale.fl.us. Wf?b htlp:/l\-vI-Vw.dos.slatf::!.tl.usfdhr/mSli .s:rl o/l.R;lttte~nak~ (.'Ik" Fee/hus ZJ\Toll-Ra!ile.soal(c {ilk;1 j::e<)lhers 21 PARCEL. - ALllrEMS FOR REPORT\FEATHERS? PARCEL SURVEY LOG. 12.20..05 rifJe tHI10Jl)o 9"42 /\\1,1 Page 2 Survey Log Sheet of the Florida Master Site File t~~s.;;".. I, '11,(1 Fie-I.I M<>II,c"l<- Types of Survey (check all that apply): x archaeclogical e archilectural e historical/archival 0 underwater e other: Preliminary Methods (4Check as many as apply to Ihe project as a whole. If needed write others at bottom). 9 Florida Archtves (Gray Building) 9 library research-local publfc & local property or lax records 0 windshield 9 Florida Pholo ArchM!6 (Gray Building) a library-special collection - non/ace/ 9 newspaper files x aerial pho\ography x FMSF site property search e Public Lands SUIVey (maps at DE?) a literature soarch e FMSF survey search a locallnformanl(s) a Sanbom Insurance maps x other (descr1be)grayllne aertal photographs and USGS Map Archaeological Methods (Describe the proportion of properties at which method was used by writing in the corresponding letter. BlankS are interpreted as "None.") F(-ew: 0-20%), S(-ome: 20-50%); M(-o,\: 50-90%); or A(-II, Nearly all: 90-100%). If needed write others at botlom e Check here if NO archaeological melhods were used _8_ surface collection, controlled _ other SCfe€n 5ho'Jellest (slze::--"> _ surface COllection, yn.controlled _ water screen (flnest size: ~ A shovel test-1/4"screen poslhofe tests - sho'Jel test-He" screen = auger (slze:~ shovel teat 1 116"scl~n _ coring _ sho'Jel test-unscreened _ lest excavation (at least 1x2 M) _olher(descrlbe): _~.____ _ block. excavation {alleasl 2x2 M) _ soil re.sisllvity _ magnetometet side scan sonaf unknown Historical/Architectural Methods (Describe the proportion of properties al which method was lIsed by writing in the corresponding lelter. Blanks are interpreted as "None.") F(-ew: 0-20%), S(-ome: 20-50%); M(-ost: 50-90%); or A(-II, Neerly all: 90-100%). If needed write others at bottom. X Check here if NO historical/architectural methods were used. _ building permits _ demo1ttion permits _ commercial permits ._ exposed ground Inspected _ interior documentation _local property records _ other (describe). ___ _ neighbor interview _ occupant interview _ occupation permits _ subdivision maps tax records unknown Scopellntensity/Procedures Review of USGS maps and aerial photos followed by walking and vehicular survey, assessment of all established targets with gridded and selective judgmental excavation of ninel -six 45cm screened shovel tests in twenl of thirt six lar ets. Site Significance Evaluated? XYes 8No If Yes, circle NR-eliglble/significant site numbers below. Site Counts: Previously Recorded Sites _one_ Newly Recorded Sites four Previously Recorded Site #'s (List slle #'s without '8." AlIach supplementary pages if necessary) CR556 _ Newly Recorded Site #'s (Are you sure all are originals and not updates? Identify methods used to check tor lIpdates, ie, researched the FMSF records. List sile #'s without "8." Altach supplementary pages if necessary.) _ CRS7S, CRS79, CR880, CRBS1, Site Form Used; X SmartFonn e FMSF Paper Fonn e Approved Custom Form: Attach copies of wlitlen approval from FMSF Supet\lisor. DO NOT USE ."'......"''''SITE FILE USE ONLy...",...",...",DO NOT USE Related BHP BAR Related Ie 872 e CARL ~. e 1A32 euw e State Historic Preset\lalion Grant e Compliance Review: CRAT HR6E06Ei10-97 Florida Master Site File, Division of Historical Resources, Gray Building, 500 South Bronough Stteet, Ttlllahassee) Florida 32399. 0260 Phone 860-4a7~2299,Suncom 217.22.99, FAX 850-.92'1-0372, EmaJI fmsnle@malt.dos,stale.O.t1s, Web http://www.c!os.slate,n.uSJdIlJ/msf( S:\Feathers 2\FEATHERS 2 PARCEL' ALL ITEMS FOR REPORT\FEATHERS 2 PARCEL SURVEY LOG 12-'lO-05.doc 01/003106 1D: 1<1 AM ATTACH PLOT OF SURVEY AREA ON PHOTOCOPIES OF USGS 1 :24,000 MAP(S) HR6E08610-$'7 Florida Ml2ster S#e FIle. Olvlslon of Historical Re'SoUJl.:€s. Gra\llBuilding, floe Sou1h ~oyunt;gh Sb'e~t Ti\f~aS$l..Di!:!. flcrma 3a:3S$~ 02l)() Phone 860-487-Z299.Suncom 277.2299, FAA 660..921.037.2. EmaU fmsfile@maihJos_sta1e.rl.us, Webfhtlp:IJW\l1IW.<fi:ol)s.5"~ale.f}.u$/d~r/msfl S:\Fe.ftJers 2\FEATHERS 2 P<~RCEl-AllITEMS FOR REPORnFEATHER1l2 PARCEL SU!lVEV lOO 12-2lPllll.~$t 12/23m6 C:13 AM I Map of tile Tdl-Ralilesnake pGllCcel area I 0 t USGS fv\APS: BELLE MEADE ,'Jo,ND BELLE l\,1EADE NW 1991 ~ I N 1 ~fiile __~_,__---.J 114 1/2 Appendix Page 1 o Original XUpda Ie ARCHAEOLOGICAL SITE FORM FLORIDA MASTER SITE FILE Version 2.2 12195 Sile #~R556 _ Recorder # Field Dale _12)15_I.illi.__ Form Date _1)_21 JS!'i__ Sile Name(s) Hunfing Camp Hammock [Multiple UsUng #8 _ } Project Nama T oll.RatUesnake Parcel . ~ [SUlvey # J OYlnership: X privale-plofit Dprivale-nonp$olil Oprivat&-iMMduel pnvale-unspec4ied Deity OCOlJnly Oslale 0 federal Ofore!{jn t1nal.i\re amelican Ollokno.,.,." USGS 7.5 map name & date Belle M~...J1il___. County Collier Township_SOL Range_26L Section _13~ 'f. Sect.. oNE X NW oSE x SW (chock.1I that apply) City I Town _ Naples in Curren! City Limits? Y NX UTM:zone 016.17 easting _____0 northing ___~__O Address I Vicinity of I Route 10 J.75 Exi1101, south on CR9S1 4 miles, thence east 00 Florida Sports Pall< Road, thence north aod east through woods behind Sports Park, thence south 1500 feet Sile is thence 300 'eel easl 01 cut secuon line transect I'IQIi;.I!:lAT THE LOCATION ON THE 1985 SITE FORM IS WRONG. SITE IS ACTUALLY 000 FEET SW OF THE LOCA HON GIVEN ON THE 1985 FORM.. X...l~.{eur,,~ttia/ o CavefSink . sublerr&OO8n o terrestrial o aqualie Oinle((nit1entlyn~ O~'p8Iusm [Qusually .oode-d(hisloficallyl o somelimes ~oode<J o usually dl'/ olher Landgranl Name of Public Tract (e.g., palk] q.ypw (Hi' ~'{'l'11 {('I..,~ ,II ,It,,j,~, 11../ '1'1.ly;,r;;;:;:;T;:;t "l" il< "II,"" ;u .11...11..",) ~EmIlG o takeiPond. ts=triMo o RilJerlSlteamICree1l . riVfHins o I.mJ . ~ltI&'JM D~.marint o maMe unspecifi&d o 'high energ( marine o 10w energy. marine STRUCTURES .. OR .. FEATURES o ~igjnal boal 0 fon 0 load segruml o agricJfarm bldg X middlffi Oshe~ midden o burilll mound 0 m~l un'.iplldied 0 shttll mouM tJ building remains 0 mission 0 shipwleck o cemeiery/grave 0 mound unspecified 0 subsurface le1l1ufes OdumpJreluse 0 planlalior. 0 surface !K:811er o earlhwOf~s 09l~tfotll'\mOUlld Owen FUNcnOIl o none spedf.ed Xcampsilf: X e;.:\taclive silg. X h!Jbilal~on fprehislolic) (J I\omes1ead(hisIOlic) Ofarmsle.ad O\lillage{prehi3loric) o (own (hisloric) o quarry Tax Parcel # rrJ~'{T()llll: r :nN P-Il'X'I'\I {f I..... h-:rlf-tl....J "1'l,IJ'I' 1"1" ....... ,,,,,..f-~I.n ;[;. Aborig1!J~! 0 Fon Wallon 0 Hickory Pond 0 Perico Island 0 SemiNJle: Co1oflizalion o AJachua 0 Glades la 0 tale A'cl\aic? 0 Safely HOltXlI 0 Seminole: ht Wal To 2(1 o Archaic Unspecified? 0 Glades Ib 0 tale Swifl Creel< 051. Augvsline 0 Seminole: 2d WSf To 3d o Belle Gfade I 0 (]ade.s I UIlSpe<; 0 leon-Jefferson 051. Johlls Ia 0 Seminole: 3d W8/ 00 o Be~e Glade n 0 Glades lIa 0 Malabar J 0 Sf. Johns (b 0 Seminole-Ul}spetified o Belle Glade JU 0 Glades Ub 0 Malabar U 0 SI. Johns I Unspecified 0 Swift Creek Unspecified o Belle Glade IV 0 G~dts Dc 0 Manasola 051. JOhns I/a 0 Transi1ional o Belle Glade Unspec 0 Glades n Ullspec 0 Middle A/chaic? 0 Sl. Johns lib 0 Woodell Isfand I OGades Pood OGlades me, 0 Moonl Taylor 0 $1. Johns IIc 0 Weeden Island II o Deplford 0 G1a<k!s mb 0 Norwood 051 JoIIns n Unspecifted 0 Weeden Island Unspec DEarly Alchaic 0 Glades me OOlltllge 05t Johns- Unspecifi9cl 0 Plehisloric Nol'\Cl!ramic DEarly Swift Ctgek 0 Glades m Unspec (J Paleoind.'an OSanla Rosa 0 PrehisklricCIC!r<illlit o EI\9Iev;ood X Glitde3 Unspec 0 PenS8(;ola 0 Sanla Rosa.Swift Cleek 0 Prehistoric Un1pecifie<f a olher (less common phases are nol checldisled Fot hislofic ;iles. also gMlspecifIC dales if k1IOO1l] ,..1.,.1,.,", ....I:) Nonaboriainal IJ 1sISpanish 151>.99 01.1 Sponoh t600-99 o lsl SpaniSh 1700-1763 o 1 sl Spanish Unspecified o 8nlish 1763.178.) o 2nd Spal\i~h 17B3-1621 o AmederrilMI1621.45 o Amel.Civil War 1861-65 o American 191h Cenh.lIY o quarly Ame.ican 20th Cenlury o American VnspecirlOd o AfJican-Ametican '';llllVII,VI}~lr\:f.\.I,IJA./II(}N' I HI' \;1'1'(1' Potentially eligible lor local designauon? Xyes 0110 0 insuff. inlo Name of Local Register eligible for Individually eligible for National Regisler" Xyes Dna 0 insuff. info Polential conlribulor 10 NR district? Dyes Ono X insuff. info Explanauon of Evaluation (Required if evalualed; limil to 311oes; affach lull justlficalion) Fairty intense midden oonleiniflg faunal bone, sand-tampered ceramics, manne shell in excellenl condition Recommendauons lor Site.. Preservation or further investioauon ~RU~E ONLY===-~=;OFFICIAl EVALUATIONS =.=..===DHRUSE ONLY'. [NRDATE .. . KEEPEMIRELlGIBILlTY: Oy On Date_(_I_ 1_1_1_ SHPO-NR ELIGIBILITY: Dy On Ope Oil Date _1_1__ I DELlSTDATE LOCALDES/GIIATlOII: - Dale---'---'.__ 11---'-",/-- Local office _______ ~a~ional Register Crlle.rialor Evaluation oa DD Dc Od HR6E04506--92 Flollda 1tIil$ICI Ske-Fllel Olv. 01 HI:tlorlC1lIR~oulces '~R ..., G~/Bld9~~OS BIO~?~~h.:'~:~_III1~_a_$~~ f=L 3239!l.0250119n4} Ml.l299/$unOOOl 271.12:99/ Fox !I04-S1l.0J72 I' ._~ II I II J Page 2 ARCHAEOLOGICAL SITE FORM Site #8CR556 o no [(eld check o lileralure search o Inlonnant report o literature search o poslhole digger Pl)!;Ll) 1I'm mODS Sire Detection o exposed ground X screened shovel o posthole digger 0 aerial photo o auger-size:_ 0 Field visit and o unscreened shovel survey o block excavauonso remole sensing o inlonnalion Number, size, deplh, pallem 01 unlls; screen size One 45cm sauars screened shovel lest in wesl.cenllal Dart of sile. I Cheell aae aT mere merheds JeF lleleelieB1lBl~lIdaFies I Si/& Boundaries o bounds unknown 0 remote sensing 0 unscreened shovel o none by rocorder Dinsp eXposed ground 0 screened shovel o auger-size _ X estimate ot guess Extenl Size (m2) 1000 m2 ;;11 r: 1)11:."\[;1(11' I It Jf\! Deplhlslratigraphy of cullural deposit 30cm. Temporallnterpretauon Components: Dslngl6 0 prob single X prob muluple 0 mulllple 0 uncerlain 0 unknown Describe each occupation in plan (refer to attached large scala map) and stratigraphically. Discuss temporal and funcuonal Inlarprelations. Integrity Overall disturbance: 0 none seen X minor 0 substanual 0 major 0 redepo~ted daslroyed-cIocumanll 0 unknovm Disturbances /threets / protecuve measures _Developmen~ Polhunung Area Collecled m2 Sutlaoe: ikoJlecl. Units Excavation. ikonllguous blocks __ I~~~~.n Total Artilacls # _ (C)ounl or (E)sumato? _c__ Surface # Overall Collection Strateqv Artifact CattlQon.. ! Artifact Depositions o unknown X unselecuve (all artifacls) ___ unspoofied _ nonlocal-exotic o selective (some artifactsl _ Iilhics, aboriginal _ metal, nonpracious o mixed seleclivity _ A_ coramic.aboriginal _ booo-human o uncollected 0 general (not by subarea) _ ceramlc.nooaboriginal _ A_ . bone-animal oconu-olled (by subarea) daub _ Ilone-unspecil o variable spallal control _ bricklbldg mall unworked sllell _ glass _A _ worked shell __ procious melal/coin _ Ollw _ (Use abbrevlatlon(s) from Deposition U., to fill blank(s) ot penlnenf Arlilaol Cal.gories) Subsurface # DlsposlUon Ust A . Illis calagory alwa~ coJlecled o . observed, not colIecled 1 - in/omanl Jepocted Of cclleded S - some ilems in calagory oolieded R - colhl(led & reburied ",Hits U . unllnown [IOlher 1. Sand. tempered Plain Ceramics DIAGNOSTICS (Type and frequency) N=_ 5. N~_9. N= I',PI \' I Kf}~N'-1 Nearesl fresh water (type & name)surroundlng cypress marsh _. ___ Distance (m)lbearing N/A ____ Nalural community Tropical hardwocd hammock__ Local '1egetauon red bay cabbage palm, campholWood, while slopper, rnaribeny, rnyrsina Topography elevaled high ground MIN Elevauon _0__ m metefS_ Presenlland use undBveloped woodland SCS soil series Immokalee fine MAX Ele'!alion _.>.8 Soil association li1l!l~rol Inlonnant(s): Name/Add<ass/Phone John G. Beriaull Location & FHa numbers (6eldnole$, arliracls/accession flos.~oIOQraphslnegal"'e I'IOS.). _ ArchaeoloQical and Historical Conservancy Inc <1800 SW. 64- Avenue SUI\8107 cR?yj'!..E~ 333.14 19541 79?:.9116 Fax: 19541.792-955'\ 8m.tl: AHCllqiATf.n81 Manuscrip1s or Publications on lhe sile (Use CQllliflvalion Sheel. gi'Je 1=SI=, ilroelevanlL Recon:l€~s): Name/Address/Phone John G Beliault___.____ Affilialion or FAS Chapter_FAS SHA AHC r---- .... PLF.i\St: INCLUOESITli. PLA1\!S ,." " II1l.RC;F ~r:AI F MAP' At -{":")OO' iH 100Hl>"U .<a:~I~ :d:"\,,. jt\lo h..."""brln<: 1'.(";0,1.. ,IJ"rlh "..raw dlll"m h~::fIr:tlIJp.r.lit>r) "oN:" Jip.-I...", In lI!:C;S RANGE 26E RANGE 27E j- Map olthe Toll-Rattlesnake parcel nrea showing location o-flhe Hunting I Camp Hammock Site, 8CR556. 1 h.d I 0 1/4 I!2I Mile USGS MAPS: B!.:llE.;Ml:ADE At\~O BElt:: ME.il.DE iNV, 'jSg~___ .~ N -l o ~ z (fJ ::r: lJ 01 o (/j Appcndix P.go 1 o Original X Update ARCHAEOLOGICAL SITE FORM FLORIDA MASTER SITE FILE Version 2.2 12195 Sile#8CR81Q ___ Recorder # Field Oala _12J1S_'QL__ FormOale 12J_21J~_ Sita Name(s) Clamshell Cova Midden [Multiple UsYng #8 Projact Nama T oll.Raltlesnake Pan:el [Survey # Ownership: x privaie.,ploot Opnvale.nonprofl1 Dprivate.ind"rviooal privale.unspecilied Deily Ocounty Ostal. 0 r$de-1iI1 Ol(l(eign Onativi american Ounkoown USGS 7.5 map nama & dala Bella Meada (Ill .__ County Cdlier Township_SOL Range_26L SecUon _14~ Y. Sact.: xNE 0 NW oSE 0 SW (chock ""hat ,pp~) City /Town _ Naples in Curlent City Limils? Y NX UTM:zone 016 x17 easting _____0 norlhing ______0 Address I Vicinity of I Route to J-7S Exi1101, south on CR9S1 4 miles. thence east on Florida Sports P~rk Road lhenC9 norlh ~nd e<1sl behind the Sports Parl< thence soulh 100 leet down SecUon 1:J114 section line,lhence west 250 feel Landgrenl _~____ TaxPBlcel# Name of Public Tracl (e,g" parl<) I y.all' f)ll ~H'111~ (C :1&.... " ....11 . h..n tLlf; j I..li~ "'rl'IJ) ;1 UU 41..1 n~ i1,. uth,.., ~.\ .:d h..ttuu~) SETTING o ~.1acusfriM o RiverlSheamlCI<<k . riveritlf o Tidal. {t$tu61ine o Saltwater. msnflf o manM unspecified o '"high enelgy manna O'loWGl.Nlfgy"Intlrine X..!&r!:Q . fen~slrial o QavelSink . sublqf{a/Joon o lefTe3lliat o aqualic o inlermillenlly flooded o Welli:lnd. palustrine [g u,",l~ flooded {hisloicatfy} a ~otnelim~$ Aooded Ousu~lydf)' olnel STRUCTURES . OR . FEA TURfS o ~'oorjginal Doi!l 0 tori 0 load segmenl o agricilcwm bldfJ X midden Dih~. mQ:len o burial mOllnd 0 mill Uf\$p~d 0 shell mound o bu~ding ('@maios 0 mission 0 ship..."eck o cemelefY/gra...o 0 mound lIospecified 0 stlbsutfsce fealure, o dumplreluse CI planlution 0 sUllaee scallel o oa11~wOlks 0 pl6.ltQrm mound 0 well FUNCTION o none specified Xc:amp$ite X exlradive sile X habiI2lIion{pfehisloric) o homesl63d (bislcric;) o ISlmslead o village (pJehislolk) o jown (hiSIOfl() OquOltry J11~; I' lilli' :111'1 III:X H; II :h. rle 'IH~'I'\~,' "tp+-_tlft-!t~nIY+------= A~.qrjJ1i.fl2J. Cl Fof1 Wallon 0 Hickory Pond 0 Penco Island t:J Semino'e: CoIonizalion Nonaboriajnal DAla<:hua o Glades la o lalaIvchalc? o Safeolyl-i<lrMr OSeminol&: 1~IWaJTo2d 0 1slSpanish 1513-99 [1 Alcl\aic Urrspecrfied1 0 Glades {b 0 lala Swdl Cleek 0 $1. AlJgllStine 0 SelJlinole~ 2d W&r 10 3d 0 1st Spanish 1600-99 o Delle Glade I 0 GJades I Unsplilc 0 Leon.Jeffelson 051. Johns Ia 0 Seminole: 3d W:n On 0 1s.1 Spanish 1700.1763 o 8eHe Glade II 0 Glaoos lIa 0 M(llabar 1 0 SI Johns Ib 0 SlJmiAOle-UnspeciJjed 0 1s1 Spanish UMpeeifi.sd o Belle-Glade m 0 Glades nb 0 Malabal II tI 51. Johns I Uflspeci~ed 0 Swift CIElek Unsp&CiJied 08ri~sh 1763-1783 o Bellt Glade IV 0 Glades lie r::;:J Manasola 0 $1. Johns Ua CJ Trahslliotlal 0 2nd Spanish 1783-182'.1 o Belle Glade Unspec 0 Glades U Unspec 0 Middle Atthaic? 0 $1 Johns Jib OWoed&n \sland J DAmerTenilotj 1821.45 OCades Pond OGlades l!la 0 Mourn Taylot o 51. Johns He o Weeden "land U OAm~[Civil War 1861.65 o Deplfe>d 0 Glades Ulb 0 N01Wood 0 S1. Johns n Unspecified 0 Wee<ten Isl$/ld Unspec 0 AmeJican 19th Cenlwy o Eally Atc:haic [J Gjades rue 0 O~ge 0 SI. Johns Unspecified 0 Prehislotic Noncer-amic 0 qtnltry Amerk:un 2011'1 Cenlury DEarly Swifl Cleek 0 Gla<les m UI)S~l; 0 Pal$oindian 0 Sanl!J Rosa 0 Prenisloric CammlC 0 Arne,iC2lt\ Uns:ptcilied lHflgl&wood X Glides Uns,oec 0 Pa~s8cofa 0 Sanla Ros&,S.,.,ifl Creak 0 P,ehislQJic: Un$pecirJed 0 A',iclm,American o other (less common phas~ ale 001 theckJisled. FOJ hisloric siles, also give specific dales i! ktlo\>mJ ~aIJlYIILnJII'~; 11;y"I.IlA IUIP"ljH(f:j1'1l: Potentially ~ligible for local designaUon? Xyes Dna 0 insuff. info Name of Local Regisler eligible for Individually eligible for National RegisleJ1 Xyes Ono 0 insulf inlo Potential conltibulor to NR district? Dyes Ono X insul!. inlo Explanalion 01 Evaluation (Required il evalu~led; limH to:J lines; allach full justilicalion) Fairly intense midden conlaining faunal bone, sand-tempered ceramics, marina shell in oxcsllenl condition Recommendations lor Site-.l'L"-~grvaljQr1 Of further invesliqation . ~,,_. II DHR USE ONL y======= OFFICIAL EVALUATIONS ~""==="llHB_ USE ONLY I /lR DA TE KEfPER.NR ELIGiBILITY: Oy On _.L--'_ SHPO.NRELlGIBIUTY: Oy On Ope Oil I DEUS! DATE LOCAL DES1GNADON: _1_1_ Localoft/ce National Register Crileria for Evaluation Oa Db Dc Dd HR6E04500-92 FlorIda Mulel SUe File I OlY. oI.llslor!CtII Rt<&(/urce'SJ R. A. G~ 9ldgJiOG-S Su.)nolllfil St..llL1l:Jha!3u, Fl 3239g,.02-~J fSOAI ol8~.22S9 / Sllncoom 1.n.n9111 F<it go<l.921..(l3i"2 C.-"".1).....-,( N, ~ .,\I)OC!\i'ORM"-'\R_U.DOC Date ----' ----'_ Oa/$ .-.1----'__ Dale ----'_1_ Page 2 ARCHAEOLOGICAL SITE FORM Sile 118CR818 Fml.D l'vrnTIWD~ Site Deteefion o exposed ground X scteened shovel o posthole digger 0 aenal photo o auger--size:_ 0 Field visil and o unscreeneel shovel survey o block excavationso remote sensing o inlonnaUon Number, size, depth, pattern of unils; screen size _Three 45t;rILSQUare screened shovellesls in wesl.central oart 01 sLI~. {Cht:d'-UJlt: yr Ul"lt" H":~I ')d\:' li"J1~l"l fwr L- 'lind:.uiesJ Site Boundaries o bounds unknown 0 remole sensing 0 unscreened shovel o none by recorder oinsp e!<posed ground 0 screened shovel o auget-size:___ X estimate or guess o no field check o liIereture search o In/onnanl report o literature search o posthole digger Extenl Size 1m2) 1500 m2 ~lt:t DMCKll'lJON Deplhlstratig<aphy of culturel deposit 40cm. Temporallnlerpretation Components: 0 single 0 prob single X prob multiple 0 multiple 0 UfJcertain 0 unknown Descnbe each occupation in plan (refer to attached large scale map) and stratigraphically. Discuss temporal and functional inlelpretations. Inlegrity Overell disturbanc<l: D none seen X minor 0 substantial 0 major 0 redeposiled desUoyed-<locumenll 0 unknown Disturbances Ilhreals I protective measures _Development, Polhunting Atea Collected _ m2 Sur/ace. #Collect. Units Excavation. #contiguous blocks _ AIlII~I~; Total Arulacls "_ lC)ounlor (E)stimale? _c_ Surtace" Overall Collection SlIatecrv Artifact C.teqorios I Artifact DeooslOons o unknown X unselective (ail Brulacts) _ unspecified nonlocal exotic o selective (some artifacls) __Iithics, aboriginal __ metat, nonprecious o mixed selectivtly _ _ ceramic-abonginal bom>-human o uncollected 0 general (not by subarea) __ ceramic-nonabotiginal __ "- . bOlle-animal oconlrolled (by subarea) daub _ bone-unspecil o variablB spatial conlrol _ bticklbldg mall _A __ u"worKed shell _ glass __A __ wo<xed shell _ precious metal/coin _A_ Other -possible ceramic abradBr Subsurtace # Qisposltion list A -lhis calago1)' always coltecled o . cOselVed. 1"101 C<lllcded t - informant (epotle<J or cOlleeled S - somB ilems in talagory CIJlleded R . co~ecled & reburied at -site U . um:nown OOlhor (UU abbreviation(s) from Deposition list to !ill blank[s} of pertinenl Artifact Categories) 1. Ceramic abrader DIAGNOSTICS (Type and frequency) * 5 N= _9. N=_ E~ VlRONM'ENT Nearest tresh water (type & name)surrounding C\o?r8SS marsh Dislance Im)ibearing NIA Natural community Diverse Ifoplcal hardwood hammock_. Local vegelation Livo oak, cabbage palm, camphotwood, while slopper, marlberry, myrsine, masllc, bustie, satinleaf. graytwi9, wild collee, randia Topography elevated high ground MIN Elevalion _0_ m MAX Elevallon _ + a melers_ presenlland usa undeveloped woodland SCS soil series Immokalea fine Soil association _ Fl.TIUHEli IN~N Infonnant(s) Name/Address/Phone .klhn G. Beriaull__ Localion & File numbers (tiak:l noles. allifacl!/accession nos. phologn,lpnsfne!lalive nos.) Archaeo(OQlcal and HistoricaL~Qn~e~__ 4800 S.w, 64" Avenua, SUite 107 Davie FL 33314 1954\792.9776 Fax: 19541.792.9554 emai, AHCI@A]rneL Manuscnpls or Publica lions on tho site (Use Ccnlinu81ion St\eel. grve rSFII if relevant) Recorder(s): Name/Address/Phona John G. Benoult ..__ - AlflliauOfl or FAS Chapler FAS SHA AHC I ~ ~ . PLEASB INC1,UDE Sff[! PLANS. ~ . I ARGF" Sr.AI F'MAP' llt 1":;:;1tJO' fl' !un.... lltilll! !:h/lw' "U" hnllno:III...", 0."1,, N...rll1 "'NOW d...r"m 1"",;;,-...lll':/_llo"In "nil. tl..,lnll I" U~Ii~ RANGE 26E RANGE 27E l I Map oUlle Toll-Rattlesnake parcel aJea showmg location of the Clamshell Cove Midden, 8CR878 $.- ,.---, o 114 '!12 1 Mile 1~,.P-2-~(;'lL.:. l\lE . D1:: 1\1'ID ~ELlE.~I!=AOt: NIiIJ tS91 ~ N I ---~ A ppendi x Page 1 o Onginal x Update ARCHAEOLOGICAL SITE FORM F1..0RIDA MASTER SITE Fll..E V,nioo 2,2 12195 Sile/lllCR879 Rocorder # Field Dale _1)15_1 Q'L_ Form Dale_1L31 J9.1__ X~.t6l78slria/ o GallelSink . subt6ff8nean Olefle$lrial o aqualic o inlenniHe:l'Il1y nooded o Weiland. palus',ine 19 ""ally !ooded Ih;,loicoJM o sometimes BoDded o uSlJal1ydf)' olnel Site Name(s) Whit. Shel Hammock {MumpJe UsVng #8 Project Name T oll-RatUesnako Parcel [Survoy # Ownership: x p'ivala-profil Dp'NakH'lo~lofil Oprivale-ind\lidual prrvate-unspeclfied Deily Ocounly Oslale Diede-reI OIQreigll Onaliv& amenC8fl OunktJown USGS 7,S map nome & dale 8elle Meade (1991 ). County Collier Township_50L Range_26L Section _25~ 'I. Sect.: xNE 0 NW oSE 0 SW (chOck "I that app~) City I Town _ Naples in Currenl City Limits? Y NX UTM:zone 016 x17 easung _____0 northing ______0 Address/Vicinity of I Routa 10 J-75 Exit 101, soulll on CR951 4 miies, thence east OIl Sabia Palm Road 1 mile, thence south on woods road 600 faef and SE on compass beanng 1000 faat Landgrant Name of Public Tract (o,g., par1<.1 '1'-.ll',"Uf8ITJi' SETnNG O~.'&CuSVin8 o Rivllt'lSlreamlCrfek . rivtrina o Ii2I!!-lIsfuarir!e O~'mBrin8 o ll'IaJine Ul\$~fied o 'high enelgy" ml'lline- o 'low ene'gy"rntlrine Tax Parcel # ((",_, ~ ftll .I...:.~. /I.., ""I,lf ~I' :'~~"e.1 ,,':k' 'I~.. :,. "t I...U.....) STRUCTURES - OR - FEATURES FUNCnON o 8bcwlginal bout 0 lort 0 road :segmlml 0 none specified o !lgricJ/erm bldg X midden Oshell midden X campsile o burial mound 0 mill unspecified 0 shell mound X extrac'nre Stle o building remains 0 mission 0 shipwreclt X hftbil~1jon (p1ehlslOfic) o cemelery/glil'V8 0 mound unspecified 0 subs.urface faalufes 0 homes.lead {hislone} o &lmp/retuse 0 plantation 0 su~ scatler 0 filrms.lead o eadhwOf)l.s 0 plal/onn mound 0 well 0 v~tO{Je (prehisloric) Dlown (hislclic) o quarry 1"~~111Il1l ('lIN I Inn"; II 10...1. AI~~pL.,~."...1 'I"''';' ~llf!!!al!1.!!1 0 F.ort Walton 0 Hickory Pond 0 Perico Islantl 0 Seminole: Colonization a Alachva 0 Glades Is 0 Lale Archaic; ? 0 Safety HadJOl 0 Seminole: 1s1 Wall (I Ld o Archall; Unspecifi!d? 0 Glades Ib 0 Lille Swift Ctijek 0 $1 Augusline 0 S9minole: 10 War To3cl o Be-lIe G1aoo I 0 Glades IlJnspec 0 leon-Jefferson 0 SI. Johns Iii 0 Seminole: JdWBf On o B~le {?lade U 0 Glad8$ l1a 0 Malabat 1 0 51 Johns lb lJ Semjnole-Unspeci~8d o ~ Glade III 0 Gla.des Ilb 0 Malabat If 051. Johns I Unspecified 0 Swill Creek Unspeciliecl o Belle Glade IV 0 Glades nl; 0 Maf'l8so1a d 51. Johns lIe 0 Transitional o Belle Glade Uns~ 0 Glades 11 Unspec 0 Middle Archaic 7 051. Johns Ut> 0 Weeden Island I DCades Pond DGlades IDa OMounllaylor 0 Sl. Johns lie 0 We&den Island n OOeplford 0 Glades U1b o Norwood 0 $1. Johns JI Unspecified 0 Witedcn Is/andUn5"pec DEarly A.cchaic o Glades me DOrange 051, Johns Unspecified 0 PrehislmicNoncel1lll'ic tl Eady Swill Cleek 0 Glades Tn Unspec 0 Paleo indian 0 Santa Rosa 0 PrehislOfft Cel<lmic a Englewood X (',jade!o UIlSp8C 0 Pensacola 0 Sanle Rosa-Swin Creek 0 PI6hislone Lhspecllied o other (less cammon pl1ases are no! chec~lisled FO( hi'5I01ie sHes, also give sp(!(;jflC Uales if known)_ \.1.111'1........rr.. ,"d]) Nonaboriq/na! o hi Spanish 151399 o 1s1 Spanish 100).99 01$1 $pan.is:h 1700-1163 o 1st Spanish UnspeerfJe<J o Brilisn 1761.1703 o 2nd Spanish 1783-1821 o Amel.Teniiofl 1821-45 o Amel.Ci'IIil War 1861-65 o Amelican 1911'. Cenlul)' o Qllarry American 20Ih CenllJf)' o American UlJSpecilied o Alricat)-American ~llll".'IC""'f)U'Sfli VA IliA IIf IN ()II ~~lllr' Potentially aligible lor local designation? Xyes Dna 0 insuft. info Name 01 Local Register aligible for tndividualty eligible for Nauonal Register? 0 yas Dno X insuft. inlo Pollinuel contributor 10 NR district? D yas Dno X losuH. info Explanauon of Evaluauon (Required If avliuated; limit 10 3 lines; allach full jusljfjcation) Fairly intensa midden containing faunal bone, manne shell in excellent COndlUon Rewmmendallons lor Site _ Preservalion or furlher Inveslicauon DHR USE ONL Y====-= OFFICIAL EVALUATIONS ========DHR USE ONLY NR OA Tf KEEPER.NR EUGIBILlTY: -1_..J~ SHPO-NR EUG/BILlTY: OfU.5TOAfE LOCAL DESIGNATION: / / Localoflice National Register Crlterla for Evaluation Da Db I HRBE045lJ6-92 Flf)~dlt Masll'1 SJI~ FIJi' {Db. ofHI~orlcaJ ResQllIas I R. A. GJay Slug (500 S Sronoug/l $1, Tallar.u1te, Fl J13n-02511J f'(4) 48rZ199" I SUnoom 1n.l109 r FD:)( 90<}lHI{lJ11 en"........ D.,,~ 1"3.1"...,,, P.'I1II)C\'If()W.l~_'~DO< Dy On Dy On Ope on Date-l-l Date-l_/_ Oaoo_/-,_ Dc Od "age 2 ARCHAEOLOGICAL SITE FORM Site 1IllJd3!ill1 o no field check o Iiteralure search o inlormant report o literature search o posthole digger FIELD MEmODS Site DeilJc~on o exposed ground x screened shovel o poslitole digger 0 aerial pholo o auger-size:_ 0 Field visil and o unscreened shovel sUNey o block excavalionso remote sansing o informaUon Number, size, depth, petlem of Units; screen size Eiohleen 45cm sou~re screened shovel lest in lite sile. teho.k eUij llFmerij lUijlhe~.lk'lHHHl-A>r llulIudarlijs) SiilJ Boundar/os o bo@ds unknown 0 remote sensing 0 unscreened shovel o none by recorder oinsp exposed ground 0 screened shovel o auger-size:_ x esUmale or guess Extenl Size (m2) 1000 m2 ~II J'~ UI';l";{ :Illl' HU('l Deplhls~atigraphy of cultural deposit 15cm. Temporat Int8l]lrelauon Components: 0 single 0 prob single X prob muiUple 0 muiUple 0 uncertain 0 unknown Descnbe each occupaUon in plan (refer 10 atiached large scale map) end straUgraphically, Discuss temporal and functional Interpretations. Integnly Overall disturbance: 0 none seen X minor 0 substantial 0 major 0 redepoSited des~oyed-documentl 0 unknown Disturbances Ithreals I proloctive measures _Developmenl, PothunUng Area Collected m2 Surtace: #<:ollect. Units _ Excavauon: #conuguous blockS l.1l'1'fl1'*f9"l Totat Arlilacts #_ (C)ounl or (E)slimate? _c_ Surlace # Ovorall Coll.clion Slrarnuv Artifact Carnqorlos / Artifact Depos//Jons J unknown x unselective (all artifacts) _ unspeoined nonlocal-exotic o selecUve (some arlifecls) _lithic., aboriginal __ metal, nonproclous o mixed selecuvity _ _ ceramic-aboriginal bOlle-human o uncollected 0 general (not by subarea) _ ceramic-nonabonginal _ A_ _ bone-animal ocon~oiled (by subarea) daub _. _ bona-unspecif o vaneble spaual control _ bnckibJdg mall unworked shell _. glass _A _ worked shell _ precious melal/coin _A_ Other _possible whelk columella Sub8\lrtace # Dlsposlllon List A .Ihis calago'Y ilIWays coI1eded o - obS9lYed. nol collec\ed 1 . jolormanl leporled 01 CQlleclsd S. Some ilems in celagory cO~l'(:led R. coUecled& le.btlfiedal SJIEt U 'U1l~flQWn o Other chisel (Use abbrevlation(s) from Deposition List 10 fill btankls) of pertinent Arlifact Colegorles) DIAGNOSTICS (Type and frequency) N=_ 5. N=_ g. ENYmO'Nml~ I Nealllstlresh water (type & name)man;h 250 feel southwest ___~ Dislance (m)/beanng 80 meters SW _ Natural community Tropicai hardwood hammock. live oak/cabbage palm hammock Local vegelauon live oak, cabbago palm, campholWooU, while slopper, manberry, myr1lino _____._____ Topography elevated high ground _.___ MIN Elavauon _0_ m MAX Eievallon _',8 meters_ Prosenlland use undevelooe,g woodland SCS soil sories Immokalee fme ____ Soil associauon Ii 111~ I 11Io~ n fNifftRM-A"f'tftN- Inlormant{s): Name/Address/Phone John G. Benaull_._ Location & File numbers (fieki notes. arlJaclsJaccession OQS. pholographslnegalive Ilos.) ArchaeoloaicClI and Historical ConselVoncv Inc. 4800 SW 64" Avenue Sui Ie 107 Davie FL 33314 1954) 792.9776 Fax 1954P92.9554 email p'HQI@jt.lln~ \I1anuscripls or PublicaUons on the site (Use CQnlillualion Shc.cl, give FSFRillelevanl}____ ,~ecorder{s)' Name/AddresslPhone John G, Benaull _ Alliliauon or FAS Chapler FAS SHA AHc; N= ----. -- ----_.--- ~ ~ ~ . PLEASE INCLUDE SlTE P!...A.NS ~ ~ . LARGE SCALE MAP: At 1'=:200' or larger scale. show: ~lt~ boundarios, $cale. NCHth ano...., d"nlm, lest!col(ecbon unlt:s., lie-Ins to USGS. liARRATfVE OESCRIPTI0NfCQNTrNUATIONS: Attach aodiflonCll sheets 'II11h ddailc(1 i"lo(mJUon Of wll1\ conUnllations RANGE 26E RANGE27E -l o :'iE z (f) ::c '"t:I 01 o (f) 1- Map of the Toll-Rattlesnake parcel area showing loc~tion of the White Shell Hammock Site, 8CR879. l ~-- Oil'l USGS MAPS: BELLE MEADEMJD aEL_~,!'AEAOE j'JyV 1~1 __._____ """l 112 -, 1 Mile ~ N Appendix Pag.1 o Original x Updal" Sile #6CR680 ___ Racorder'#~_ FIeld Date_12J15_-'.J&..~ FQrrnDale_12J.)1_'J&._ Sile Name(s) Deep Marsh Hammock (Multiple Us~ng#8 Project Name TolI.RaID.snake Partel /Survey# Ownership~ x privale-profll Oprivale-nonprofll Dprivale.inrjvidual p<Nale-un$peci~e<:I Deily Ocounly Dslale 0 federal O/Ofeign Dnali\re american Ounknown USGS 7.5 map name & date Bell. Meade 119 ). County C~lier _ Township_50L Ranga_26L Secuon_25~ V.SocLxNE ONW oSE oSW (check,ilhatOWiY) City !Town _ Naples in Current City Limils? Y NX UTM:lon.016 x17 oasung _____0 northing ______0 Address I Vicinity of I Roule to J-75 Exit 101, south on CR951 4 milas, thence east on Sable Palm Road 1 mila. \hence south on woods road 600 leet and SE on compass bearing 1000 feat. \hence aua soulh ';' mila ARCHAEOLOGICAL SITE FORM FLORIDA MASTER SiTE Fll..E VcnioD 2.2 12/95 Tax Parcel # landgrant Name ot Public Trect I..g., park) 'I . III IHI'14fLl'k SETTING D~.lactJ$lrin& a Rive(ISllf3~. riverine o Tidal. eSIU8fK1D O~.monll9 fJ mal ine l.j/lspecified o ''high energy' m~lfin., o '10\'1 Gnetgf mwine. X land. lOO'&$/ri81 o Cave1Sink - subleIT8nean Dlerreshi8\ Oaqualic o inlcmlillenlllf flooded o ~. psfuslri1l9 19 usuaHy flooded (hisloncally) o somelimes (Io~d Ousllallydry o1her (CI... \. ~.U. I...;. n fl...' '1I""y ;r ......-.1....' '1'.;.~ ..ll.~. T ;u il~~"u_} SmUClURES - OR - FEAlURES FllNC710N o aboliginal boal 0 rort 0 (oed segmenl D OQIle ~ed(led o ag{icJfarm b1dg X midden Oshelll(lidden X camps~e o burial mound 0 rnillunspecified 0 sheu mQUlld X e:.clractiIJe sile o buildtlt} ramains 0 mission 0 !hipw(eck X habilaiion (ptehi!loric) o cemel&lY{~rave 0 mound IlOwecifled 0 $l.lbsur/-,ce leahrre,s 0 ttomes!$ad (ltisloric} o dump/rernsG 0 planlalion 0 surlaGe scalier 0 farmSlea<l o earlhwOlks 0 plallOlIn mOVI\d 0 well 0 viHnge {pIe his lone) Olown (histOlic) Dqllalry ----nI~.1 lllll-f-'-f-'f IN II' l( I ~I",I "l'I,If, ru '1,1 .." ......1 'I" ...;m--:;mfij;F~~~ ~Q(i!l1!al 0 Fort Wallon 0 Hic>;ory Pond 0 Perko Isl;,nd 0 Seminal&!- CoIoni2aliun Nonab orlqinal o Alachua 0 Glacres Ta 0 late Archaic? 0 Saleiy HlJrbor OSemirlole: hi Wai To 2d 0 Isl Sparnsh 1513-99 o ArchaiC UnspeclflC<i7 OGlade~ lb 0 lflle Swine/eel< 0 SI. AugusliM 0 Seminole: 2dWar To 3d o 1st 5pamsh 1600-99 o Belle Glade ( 0 Glades lUI1Sp?C 0 Loo[l.JeMerson 0 SI. Johns la 0 SemiooJe: 30 War On 0 1stSpaoi<.lh 1700.176:1 o Belle Glade U 0 Glades lla 0 Malalxlll 051. Jol1n$ Ib 0 Semino'l&-Unspecified 0 1s1 Spanish Vns.pecified o Belle Glade IT! 0 Glades lib 0 Malabar rT 051. Johm; I UftSpecif1e<i 0 $wiltCr&ek Un3pec.i(;ed 0 8rihsh 1M3-1783 o Belle Glade IV 0 GladesUc dMaoosola o Sl. Johns Da QTmnsilional o 2nd Spanish 118J-t021 o Bel9 Glade Unspec 0 Glades II UlISpec 0 Middle A/chaic 7 0 $1. Johns Ilb o Weeden Island { o Amer.TenilOl'l 182)-45 DCaOes. Pond OGJades m" 0 Moum T3ylol 0 Sf. Johos lie o Weeden ISlalld JI 0 Amel.Ci...ir War 1861.65 o OepUold 0 Glad2$ nIb 0 NOM'ood 0 SI. Johns II Unspecified 0 WeedM Is/and Umpec Ol\mtncan 19th CMIUIY CI Earo/ Ar{;hD~ 0 Glades me 0 Orange 051. Johns Unspec:i1ied 0 Plehisloric Nonceramic tI quarry American 20Ih Cf:fllul'j o E81ty Swift Creek 0 Glades lU Unspec 0 Palaotnd1an 0 Sonia Ros;) 0 Pre"isloric Ceramic 0 American \j()specified o Englewood X Gt(KJeS lJnspec 0 Pensacola 0 Sanla Rosa-Swilt Cll~ek 0 P,eh13lU1ic Unspe\;ifieo 0 Alrican-Amelican o uthe( {lass common pha:;es ar~ nol checklisloo. FOJ hislOllc siles. also givl;! specirlC dales if ~nownl ~~mIVII~"f)Rl.S-~~r~ ()'I' "'1'1'11: pot.nUally eligible for local designauon? X yes Ono 0 insull. info Name of LoCBI Register eligible lor: Individuaily eligible for NaUonal Ragisten 0 yes Ono X insult. info Polenual conlJibutor to NR district? 0 yes 000 X insult inio Expianation of Evaluetion (Required iI evalueted, 'imitto 3 lines; atlach lull JlIstification) Fairly intense midden containing sand.lemperad ceramics in excellent condition ___ Recommendalions lor Sila~s~J'@uon Of rurlher investigilljQn DHR USE ONL Y===== OFFICIAL EVALUATIONS ====='=-~DHR USE ONLY NR DATE KEEPER.NR HIGIBIUTY: Oy On ~_!~ SHPMIR ELlGIBJUTY: Oy On CJp. Oil DEUST DA TE LOCAL DESIGNATION: ____.. I I Localofflce____ N<!tlon.;j Register Criterta for E"aluatlon O. Ob Dc Od HR6E04506.&2 Florida MIil$IG( Sit; FHll/- Div. or JIIslorle:nJ RUOUlCll81 R. A. Grai} Bld[] /560 S RrnflOlJgh St~ hfl0/ulll:ull, fl 31399-9250 IlSO<l) 481-2100 I Suntom 111.22'991 F:::tt 004!121-(l37l r.;."",~D'(__ ~o.....na 1',ltlOCSVOR/lG\.lJl.HJJOC Drrto.....J~_ Dale ~/_I_ Date ~~_._ Page 2 ARCHAEOLOGICAL SITE FORM Site IIllCR880 FlE:U> 'METHODS Site Detaction o exposed ground x screened shovel o posthole digger 0 aerial photo o auger-S1~e:_ 0 Field visit and o unscreened shovel survey o block exoavauonso remote sen~ng o infonnation Number, size, depth, pallem of units; Screen size TWenlY five 4&m square screened shovel tesls in site area (Checll ~Ile ~r mel e lQe[Il.~G8 t:lJr Getectl9n IlliG fllr b91I111brle81 . Site Boundaries o bounds unknown 0 remole sensing 0 unscreened shovel o none by recorder oinsp exposed ground x soreened shovel o auger-si~e:_ 0 estimate or guess o no field check o literature search o inlonmant report o literature search o posll1ole digger ~I t I'; IHCz.lt 1(11' II\JN- Extent Size (m2) 1000 m2 _ DepWslratigraphy 01 Ol~lural deposit 40cm. Temporallnlerprelation COrrjJOnenls' 0 single 0 prob single X prob muiUple 0 multiple 0 uncertain 0 unknown Describe eaoh occupation in plan (reIer to attached large scale map) and stratigraphically Discuss temporal and Junctional interprelauons. Integrity Overall disfurbance: 0 none seen X minor 0 subslanlial 0 major 0 redeposjfed Disturbances / Utroals I protective measures _Developmenl, Pothuntin9 Area Collecled _ m2 Surface: #Coliec\. Unils __ Excavation: #conuguous blocks __ deslroyed-dooument! o unknown A U'PIll'Al 'T'~ To18IArtllacts #_ (C)ounlor (E)sumale? _c_ Surface#_____ Overall Collection SltawllV Artifact Caterrones I Artifact f)epasmons o unknown X unselecuve (ail artilacts) __ unspecified nonlocal-exo!ic o selective (some ertifacts) _lilhics, aboriginal ._ melal, nonprecious o mixed selectivity _ "'-- ceramic-aboriginal bone-human o uncollected 0 general (nol by subarea) __ ceramic-nonaboriginal bone-ammal oconlrolled (by subarea) daub _ bong.lJnspecif o variable spatial control _ bricklbldg maU unworked shell o Other ____~~ _ 9tass _ _ worked sholl ._ pr43CIoUS metal/coin Other Subsurfece # OlsposlUon List A - \hi~ calagof)' afw&ys colleded o . observed, nol col!etJed I - infOl1Tlanl reponed 01 collec!ro S ' some items in calagory c{lllecl~ R . c:ollec1ed & reburied !II si!e U - unknowA 1. Sand-tempered plain ceramics DiAGNOSTICS [Type and frequency) No No 9 N= II:N.,'IIU INp;i1RN I NaaffiSt tresh walar (type & name)marsh 1000 teet soulh ____. Natural community Cabbege palm hammock Local vegetation Live oak, cabbage palm, myrsine Topography elevated high ground meters_ Prosenlland use ~J!.~~loped woodland SCS soii senes Immokalee fine Distance (m)lbearing 30 meters S MAX Elevalion _ +. 5 MIN Elevauon_O_m Soil associauon -F~ORMAnoN infonmanl(s): NamelAddreS&!Phone John G. Beriault LocaUon & Fila numbers (~d noles. ar1ifac1s/a<<ession nOs, phokl9raphs/negalive nos_)-.Archa@9jQgic.ffi and Historical Conse/Vancv. Jne. 4aoO~J'L64. Avenue,Suil~.1QL-')~.L~~314 19541792.9776 fax: (954)-792.9554 Bmail. AIlCI(a)AIT.net Manuscripts or Publica lions on lhe site (Use Conlinualion Sh*I, gIVe i=SF~ i! rele\lsnl) Recorde~s): Name!AddreS&!Phone John G. Beriaufl ~___ Affiliation or FAS Chapter FAS, SH_A~ _____ . . * PLEASE TNCLuo!1 SHE PLANS. . . LARGE SC.4.lE MAP~ At r=2oO' or larger scale, show: slll boun<larie'i, sule, North arroVl, darum,leslfcollctl1on unll.." t1e.lns !(IlJsOS NARRATrVE DESCRIPTION/CONTINUATIONS: Attach adcJillonal s~col.s WiUl dot"ileu ll\formilUon or with contiullaUon$. RANGE26E RANGE27E ~ o ~ z (f) ;!; '"0 en I:) ro J. Map oflhe 'Ioll-R-altlesnake parcel area showing location of the Deep Marsh rvLdden Sile, 8CR8S0 ~ N I..,........: _ , 0 '//4 112 I USGS r"IAps: B~g.E ;\J1EAbt:: All~~~i_.-1S91__.._____ 1 Mile Appendix Page 1 o Onginal , Update ARCHAEOLOGICAL SITE FORM FLORIDA MASTER SITE Fll..E Version 2,2 12/95 Site IIllCR881 Recorder # Field Dal. _12J15~1.Q2..._ Form Date 12J_21 J.M._ Site Name(sl Jump-Slart Hammock {Muluple Usung #B , } Project Name T otl-RatlJesnake Parcel {SuNey # I Ownership; X privale-profit Oprivale-nOf'JlfOfil Oprivate-indfvidual P/N81e-unspecirled Deily DcolJnty Oslal.. 0 fedalal OloJeign Dnalille american Ounknown USGS 7.5 map name & dale Belle Meade 119 1. Counl'y Collier Township_SOL Range_26L SecUon _25~ 'tI Sect.: oNE X NW oSE 0 SW ("'0<' ai Ih" app~) Ciiy I Town _ Napias in Current City Limits? Y NX UTM:zone 016 x17 easUng _____0 northing ______0 Address J\liciniiy of I Roule 10 -'-75 Exlll01, south on eRg51 4 miles, !hence .asl on Sable Palm Road 1 mile, thence south on woods road 600 leel Landgrant Tax Parcel # Name of Public Tract (e,g., pal1<) .'iI"I: fill' ~;IIII~ '! ~I....." I:i. ...l.1I" h..;..lo. (1....1 "1"1,1.,"1 ;t .1rr.I..J ...... ~J. ..U.~.4 i.~ >.1' 1...Uum) SEmNG SmUCTURES . OR . FEATURES FUNC110N XJ.!nsl- feneslriaJ 0 ~ .1ewstrino 0 aboriginalboal 0 'or1 0 road s~ment 0 none spedfied o ~ - subl8mlfl991l 0 RN8I/SI(tamlCreek - riwNin9 0 891JC1fann bIdg X midden Oshell midden X campsite o lerr$$trial 0 I~' 9sluannlll 0 bUlial mound 0 milunspecifie<l 0 sheU mOllfld X e)(lraclwe sile a aqualic 0 Sallwaltt. m:arinl1 0 building remains 0 m~'3ion 0 shipwl'e<:k X l1a,bilalion (plehisIOfic) lJ inleanittenlly flooded 0 marine Wlspecified 0 cemektl)'/grave 0 mound unspecified 0 subsllrlaea fealures 0 homesiend (mslorlc) o ~ . palustrine 0 lligh energy marine 0 dumpltefuse 0 piant31ion 0 SUlfate scalier 0 1ll1m$t~d lQ usually "ooded lhisk:uicaty) D10w energ{ manna 0 ear1hwOlks 0 plo.llorm mound 0 Vlell 0 village (prehisloric) o somelimes nooded Olown (historic) tlllSually dry 0 quafry olher III"~ I (1I1~ II:X 1:--: ',I:I~ k nil ftl"t H.l'pli;~-'--..l'"~ r.t In. .Jt..Jlt lIpfl"lh. ':lIhl'hJlllfll ..nl}) AboriClinaJ 0 FOIl Watoo 0 HickoJy Pond 0 P~rieo Island 0 Seminols: Colonizaliol\ Nonaborialnal OAlachua 0 Glades la 0 late Atcheic 7 0 SlllelyHalbor 0 Seminole: 1slWar To 2d 0 hl Spanish 1513.99 o A'th(l1C Ur.spt:dfied? 0 Glades 11> DLate Swif1 Creek 051. Augustine 0 Seminole: 2dWar To 3d 0 lsl Spanish 1SCQ.99 o Belle Glade 1 0 Glades I Unspoc 0 leon-Jeffel'1<lll 0 St Johns la 0 Semiool~: JdWar On 0 tsl Spanish 17(1).1763 o eella G"'de n 0 GI...rJes lIa 0 Malabflf I 051 Johns 1b 0 Se:minole-Unspecifled 0 Is! Spanish Unspecified a Ba~o Glade In 0 Glades lib Cl Malabaf 11 051. Johns 1 Unsp;tcifled 0 Swift Gleek Unspecified 0 British 1163.1783 o Belle Glade rv 0 Glades Dc 0 Manasote. 0 SI. Johns I(a 0 TransihOl1al 0 2nd Spanish 1783-1821 OEWlleGladeUmpec. OGladasnu~pec o Midcie Alchtlic 7 OSI Johns-Db o Weeden ts.land I o Arnel.Territotl 1821-45 Dell-des Pond OGlades ma 0 Moonl r aylor 051. Johns Oc 0 Weeden Island II 0 Arnot.Civil W(lr 1861.s5 Cl Oepl1ofd 0 Glades Ulb 0 Norwood 0 51. ..kllms n Unspecll'Je<l 0 Weeden Islano VIISpee 0 Ametican 191h CenluIY o Eally A/c~aic 0 Glades me OOlatge 051. Johos Unspecir.ed 0 Prehislofk NOr:ceramic 0 quany ArMrican 2{]lh Cenlury o E!uly SYiin Creek 0 Gla<les 10 Unspec [] Paleoindian 0 Santa Rosa 0 Preilis\on.: Ceramic 0 Americ3n UI1~ified o Englewood X Glades Unspet Cl PensscoJa 0 San/a Rosa..$wifl Creek 0 Prehislolic Unspe<:ifteCI 0 Affican.Amefican o other (less common phases ~IElllot check1isted For hisloric sliM, t:llso~e specific dales if known)_._~~_,___ SIIIlVI':YIIWS-ii:V;J;T;n:ATJfJIIl,JWSII L Potenlially eligible for local daslgnauon? Xyes Ono 0 insuff info Name of local Ragister eligible lor: IndiVIdually eligible lor Nalional Register? Xyes Ono 0 insuff inlo Potential oontribulor 10 NR d,stricl? Dyes Dna X insuff. info Explanauon of Evaluauon (Required if evaluated; limit 10 3 lines; attach full justilicauon) Fairly Intense midden conlaining faunal bona, manne sheil in excellent condltion_____________ Recommendauons lor Site Pre'eNa~on or further invesuaation ~SE ONLY--===== OFFICIAL EVALUATIONS --======DHR USE ONLY NR DATE KEEPER-NR EUGIBIUTY; _/~_ SHPO-NR ELIGIBILITY: DEL/STDATE LOCAL DESIGNAnON: __ _ _ _ _ _/~__ Loca/office Natio'!.al Register Criterta for Evaluatlon Oa Db Dc Oct HRtlE04506-92 fk;IIda Ma:s1ar Sill File J 01'1. 01 HI510JlCflI Rerolllcu I R_ A Gf?iJ 81<1[1 /300 5 Brollough SI,TlIlIahau&e. fl 3l399-02:50J (W4} 48J.ngg fSuncom 171-2299/ Fax ,}{\.f.921-om c.~<f~n.I~I"flOa\I'OR'..u\AA.~llOC Oy On Dy On Ope 0/1 Date~~__ Date _.-I_I_.m Date __./ _.J__._ Page 2 ARCHAEOLOGICAL SITE FORM SlIe #8CR881 (Ch.d "~",,.......,tI,"U' ])., deled;"" ~u,1 Cu. bv."..t:........'1 Site Boundaries o bounds unknown 0 remote sensing 0 unscreened shovei o none by recorder Oinsp exposed ground x $Cleened shovel o auger-size:_ 0 asUmate or guess --YIEl.D MJi:'fHOD5 Site Detoc6on o exposed ground x scr.ened shovel o posthole digger 0 aerial pholo o augeT-size:_ 0 Field visil and I o unsernened shovel survey o block excavationso remote sensing o inlormauon Number, size, depth, patlem 01 unt\s; scrnen size Sixleen 45cm square screened shovel lest in west-central Daft 01 slle. o no field check o literature search o inlormant report o litera lure search o posthole digger SIT~Crox nOi<! Depthlslratigraphy of cultural deposil~_~pcm. Exlent Size (m2) 1000 m2 Temporallntelprelation Components: 0 single 0 pmb single X prob mulUple 0 mUltipie 0 uncertain 0 unknown Describe each occupation in plan (refer 10 altached large scale map) and stratigraphically. Discuss temporal end functional interprelations. Integrity Overall dislurbance: 0 none seen X minor 0 subslantiel 0 major 0 redeposiled desllOyed-documenll 0 unknown Disturbances Ilhreals I proloctive measures _Development, Pothunung __ _.__ Area Collecled m2 Surtace: #colJect Unils___ Excavation: #Contiguous blocks A il'ftl'l.(: I": Tolal Attilacts #_ (C)ount Of IE)slimale? _c_ Surface # Overall Collection Strateqy Artit.Jct Cateoories / Artifact Depositions o unknown X unselecUve (all arulacls) _ unspecified nonlocoi-exolic o seleeuve (some arulacts) _Iilhics, aboriginal _ metal, nonprecioLls o mixed selecuvity _ _ ceramic.aboriginal bone-human o uncollected 0 general (not by subarea) _ ceramic-nonaboriginal ~ A~ _ bona.animal ncontrolled (by subarea) daub _~_ bone-unspaclf o variable spatial conlrol _ bTicklbtdg maO _A _ unworked shell _ 91asS _A _ worl<ed shell _ precious metaL/coin _A_ Other -possible bone pin Subsurlace II DisDosition List A . lhis calag<:ry atways corrected o -c.t:>>elVed, nolCQllectlld J . inJcfma."I1 leporled Of coMecled S . soma ilems in cal8g0ry co~ec!ed R . coMecled & ,ebvlied al sile U - un~nown o Other lUse abbre\'totion{s) from Deposition L1sl to fill blank(s) of pertinent ArlifaC"~ Categories} DIAGNOSTICS {Type and frequency) N= ENV~ Nearest fresh Vlaler (type & name)marsh 250 reel southeasL___ Dislanca (m)lbaaring 80 meters SE_ Natural community Tropical hardwoodhammocK__ ___.._.____ __ ___,___ Local vegelauon Live oak, cabbage palm, camphorwocd, while slopper, marlbeny, myrsine Topography elevelad high ground MIN Elevation __0_ m melers Pr..entland use undevelooed woodland SCS soil series Immokalee line L N=_ 5. 9. N= MAX Elevation +.8 Soil associauon 11' I t-1~r-j-Ht7W-J-pr.r.f~f-)-H-I\1-A:~f-}HN Informanl(s): Name/Address/Phone John G. Benaulf_____ ______.~ Location & File numbers (field noles.. arlifacjsJaccession nos, pholcgraphs/negalive nos.) Alchaeolocical and Hislorical ConsetVancv Inc. ~800 SW 64" Avenue. Suite 10L-Davie Fl33314 (954) 792-9776 Fax [%41-792-9554 email: AHCIi1lJATrnel Manuscripts ot Publications on the site (Use Conbol.l8tion Sheel, give FSflt ii relevant) Recorder(s): Name/Address/Phone John G. Beliaull Alfrliation or FAS Chapler FAS SHA AHC ['- --- . . . (>LEs\SE LNCLUDE SITE PLANS :;-~ . LARGE SCALE MA.P: At 1~":=200' or hlfger scale, show: slle bOIJrularlcs, scale, N<>rfl\ ,mow, llaturn, tes:UCDIlllctiofl 01111$, Ue.jns lo USGS. LHA.RRAlM: DESCRIP110N/CONTJNUATIONS: Atlach addWO/laJ sheats wllh detailed IlllormaUQn Of '\'lith continuations. c......IlI<1' II.,"""".. I'll. I...... HVOCS\YOIU1Jl,AJt.,!.J:lOC RANGE 26E RANGE 27E -I ~ z (J) I =a 01 o rn f: Map of the Toll-Rattlesnake parcel area showing location arille Jumpstart Hammock Site, 8CR88]. I USGS MAPS: 3ElLi MEADE AND SELLE "-1"<\0" ";iJ. ii'''i 0 " 1-- 1&iI~~ ~ ~ N 1/4 112 1 Mila EXHIBIT 22 CORRESPONDENCE FROM THE FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES RECEIVED DEe 0 nIDI _.2 FLORIDA DEPARTMENT OF STATE Sue M. Cobb Secretary of State DIVISION OF HISTORICAL RESOURCES Ms. Cheryl Gruener Passarella and Associates, Inc. 9110 College Pointe Court Fort Myers, Florida 33919 November 28, 2006 Re: DHR Nos.: 2006-9964 and 9965/ Received by DHR: October 6. 2006 Hammock Park Commeree Center and McMullen Parcel Passarella and Assooiates Project No.: 06TSCl438 Collier COWlty Dear Ms, Omener: Our office received and reviewed the referenced projects in accordance with Chapters 267 and 373, Florida Statutes, Florida's Coastal Management Program, Section 106 of the National Historic Preservation Act of 1966, as amended and 36 CFR Part 800: Protection of Historic Properties. for possible impact to ,historic properties listed, or eligible for listing, in the National Register of Historic Places (NRHP), or otherwise of historical. architectural or archaeological value. The State Historic Preservation Officer is to advise and assist state and federal agencies when identifYing historic properties, assessing effects upon them, and considering alternatives to avoid or minimIze adverse effects. A review ofthe Florida Master Site File data indicates that both of the above referenced p'arcels were surveyed as part of the Toll-Rattlesnake Development of Regional hnpact. No sigmficant archaeologIcal or historical resources were encountered within these parcels. It is the opinion of this office that the proposed project is unlikely to affect cultural resources, For any questions concerning our comments, please contact April Westerman, Historic Preservationist, by phone at (850) 245-6333, or electronic mail at amwestermanlaldos.state.fl.us. We appreciate your continued interest in protecting Florida's historic pr9pertles. Sincerely, ~~ ~ (;~~- Frederick P. Gaske, Director, and State Historic Preservation Officer 500 S. Bronough Stro.t . Tallah....e. FL 32399-0250 . htlp:/Iwww.nherltage.com C DJreclor'a Office (850) 245.6300 . PAX, 245.6436 o ArcbaeoJoglcat Ruearch (850) 248-6444 . PAX: 245-6482 DO HI'torte Preaetvation (850) 248-6333 . PAX: 245-6437 o Hlatodcal Museumll (850) 245-6400 . PAX: 245-6433 D Soulhull Regional Office (954)461-4990' FAX: 467-4991 C Northe..t Resional QfClee (904) 825-5045 . FAX: 825-5044 o Central Florida Regional Oftlee (813) 212-3843' FAX: 212.2340 . McMULLEN PROPERTY REZONE TRAFFIC IMPACT STUDY ..-, Prepared for: The Sembler Company 7601 North Federal Highway Bo"" RO'OIl, FL 33487 Prepared by: Tindale-Olh'er and Associates, Inc. lODD North A,Me)' Drive, SI/ite J DO Tompa, Florido JJ6D2 (81J) 224-8862 September 23, 2008 389007-00.07 ,--e Agenda Item No, 'I7D April 13, 2010 Page 370 of 483 Agenda Item No, 170 April 13, 2010 Page 371 of 483 . McMULLEN PROPERTY REZONING TRAFFIC IMPACT STUDY Table of Contents Introduction..... ........"'''..........,... ,,,........... ....... ..." """ .........""", ....." "".. ",,,.......,...... ...""",,,,,,....... .......,,,,,. 1 Existing Roadways."".... ..._......... ...., "."......... ....................,....",........ ....." ..................,.., "..", '" """ .........., ". 5 Trip Generation." ....._.. ........ ........,..",.... ....., ".... ......" ....." "'''''''''''' "..........., ......,.. ..".. ",..........., ...... ,..", "...., 7 Trip Distribution and Assignment......"......."..".".."..""............,,,.........,........,.....,,..,......................",..,,,,,'.. 7 Scheduled Improvements .......".. ..."...., ..... ......,....... ""'''' ,on, ......,.. "" "".. ....,.. .."...., .."...... ......... ....., ..." ", ..,.. 9 Study Network Identific.lion,,,,,,,,,.......,,,,,,.,,.,..,,,,......,,,,,.,.......,..,,,,,....,,..",....,..,.."",.................,.......,.....11 Traffic An.lysis ""...................... ....' ...............,..".. ...". ". ........".. ..". ...." "........... " ,,_..', ".",......, ....... ......'.." 12 L.nd Use Trade Off ..........."..."".""",,,....,,,,....,,,,.....,......,..,,....,..........,.............,,...... "..,.............,.......,..". 20 ConclusiooL..................",,,.,,,,.... "."."............ ................. .."....... "... .."... ..... ....."... .". ........"." ......""......... 22 List of Figures ( Figure I, Project Site Loc.tion ..........,..."...""..........",.....".."""".""".... ........."."." "...... ,........... ,,,,,,,........ 2 Figure 2, Site Bound.ry Plan ............""........"......""..".."...... ....."............"""".""................. .........""....,3 Figure 3, 2007 Existing L.ne Use end Tr.ffic Control........."..................."...,,,.,,....,,.............,,.,,..,............. 6 Figure 4 Site Generated Traffic Volume Estim.tes and Direction.l Distribution ...... ",...... "......." "............ 8 Figure 5,2011 Lane Use and Traffic Control (with Collier Boulevard Widening Project) ......................, 10 Figure 6, 2011 Background Tr.ffic Volume Estimates (without-project) ................................................. 16 Figure 7, 2011 Future Traffic Volume Estim.tes (with-project) ............"......................,..""...".............." 17 LIst of Tables Table I, Summary of Trip Generation Estimste..."....."..........."."""."................".."."......"""""...............7 Table 2, Study Network Identification".""""."."""."....."............".........""....".."".........."."".."......"."" 11 Table 3, Roadway Capacity Analysis ...."",.............",,,,,,,.....,....,,,,,,,,,,,..........,,,,.,,,,,,,,..........,....'"".."""..13 Table 4, 2011 Level of Service Summ.ry (Existing Lanes) .............."........"............."."".........""."."."".18 Table 5, 2011 Level of SeIVice Summary (Future Lanes) ...............................",,,,,..,,,,. "... "".................." IS Table 6, Queue Analysis "............................,....,..,......."........",.."..."",.......,.."............."...".",....,........,.... 19 Table 7, Land Use TradeoffR.tio Calcul.lions.........,......"........."........,....,...._,..........."...........'..'............. 20 T.ble 8, Trip Generation Comp.rison .."...."...........".......,....."......,.........",....",,,,,......,..........,.......,,"......,21 ~ . .~ ,--1t McMULLEN PROPERTY REZONING TRAFFIC IMPACT STUDY List of Appendices Appendix A: Methodology Letter Appendix B: Lee-Collier Select Zone Site Traffic Assignment Appendix C: Site Volume Development Appendix D: Roadway Improvemcnt Information Appendix E: Collier County Traffic Volume and Capacity Values Appendix F: Existing Field Data Appendix G: 2011 Background and Future Volume Development Appendix H: 2011 LOS Analysis Worksheets Agenda Item No, 170 April 13, 2010 Page 372 of 483 Agenda Item No, 170 April 13, 2010 Page 373 of 483 . McMULLEN PROPERTY REZONING TRAFFIC IMPACT STUDY INTRODUCTION This repon summarizes s traffic impact study, undertaken by Tindale-Oliver and Associates, Inc" for a residential and office center proposed to be developed on the nonh side Rattlesnake Hammock Road, east of Collier Boulevard, in Collier County, FL, The proposed project site location is illustrated in Figure I, The analysis documented herein was undenaken based on the Traffic Impact Study Requirements updated and adopted with Collier County Resolution 2006-299 on November 14, 2006, The project site is seeking a rezoning to allow for the development of 48 multi-family dwelling units and approximately 122,000 square feet of office uses on approximately 19,2 acres, The project site is not limited, in commercial uses, to medical office (other uses such as generel office and warehouse are permitted), However, es medical office is the highest vehicular trip generator of the allowable uses, it was used in this analysis, For pUlposes ofthis analysis, build-out of the proposed development is anticipated to occur in 2011, Access to the project site will be determined snd analyzed at the Site Development Plsn (SOP) phase to follow the rezoning. At this time, it is anticipated that access will he provided to Rattlesnake Hammock Road and potentially adjecent parcels, if developed, A plan illustrating the site boundary for the proposed projcct is shown in Figure 2, (. A traffic analysis documenting potentisl impacts of the proposed development was performed, The methodology \vas documented in a letter transmitted 10 County staff, dated February J, 2007, The methodology used to perform the analysis is consistent with that specified in the referenced Jetter. A copy of the methodology correspondence is provided in Appendix A. ~ 7lnda/e.OJiwT Qlld A.uociales. II/C. 389007.00.07 - September 23. 2008 Pag~ J McMullen Property Rezolle Traffic Impact Allalysi$ . ~. - " . ~ Cl! ~ \ :l Benfield Rei ~~_. "" I~M. ' )1.7 ! II i ) SIQIJ :Pelbl'. Blvd ~, ~. ~ !i I, Hi , 'ii ~ " % i I P~'~i~:. 'N~i t i,: Jl~l ~ :, '~" .n i p~ \(\JON ~I> ajl.;"C I i 8IlV II ~ :', I - 1\ ICounty eern Rd I q I: rl' ,,:' i! ~! ... .w ~ tl l I '. ~ ~~ Cl!il 1 ,,. Agenda Item No. 170 April 13, 2010 Page 374 of 483 ~' l B .-1 ~! ::;).. ~I ijI'" " I o ~ "'l #1 ""$ ...."" ~q. , .., '9. ~ I ...~ .'."""~''Pl ,,)" ...0'. VIiI"''''' ~ ~ .~~ p~ I ~ "'"'i ~ I I i ~~. b ~ i. "5 I ~ i t :1' s J I J fJ "n, ~ I 8, 11111 ~\ u, '\ Jo~ed JQ eJ~,t,~alY.hor. ~ ,..., E a i i Tilldale~OJjver and Associates, Jllc. 389007.00.07 - Septembe,- 23. 2008 Page 1 McMullen Property Rf!2olle Traffic Impact Analysis >I ~~ -+-- ." _.. ~..-... '<'- --. il '. \ .I I ~ t :'lh~ :' <.;- ",'-\ -~!I~I'1 , \ '. d Associates. II/C'. TindaJe.OJive71' n;ep/ember 13, 2008 J89007-00.0 - p(/g~ 3 No 170 Agenda Item 3 '2010 Apnl 1 'f 483 Page 375 0 . N' if LL.~ ~ ~ I I( I IMI Ee.; .- rtyRI!Mlle McMlIllell Prope I A//alysis T/'af}ic l'1lpoC . ~~ .~ Agenda Item No. 17D April 13, 2010 Page 376 of 483 Tasks undertaken in support ofthis study are summarized as follows: . Traffic volumes anticipated to be generated by the proposed development were estimated using nationally-published trip generation data. . Project traffic was distributed and assigned to the vicinity roadway network. . FDOT and Collier County work programs were reviewed for committed improvements. . The significantly impacted roadway network (based on the latest AUIR) was reviewed to detemine the availability of capacity to accommodate the subject project. . 2011 background (existing + reserved + growth) PM peak hour traffic volumes were estimated for the study area, . Traffic generated by the proposcd site was estimated and added to 201 J without-project volumes to forecast future 2011 with-project conditions. . 2011 PM Peak hour operational analysis was undertaken at the study intersection; this includes turn lane queue analysis. . A land use trade off mechanism was developed for exchanging land uses. n"dnle-Oli\'lr Gild Associales, Imc. 389007.00.07 - Stplember 23, 2008 Page 4 McMllllt/l Property Rezone Tra.ffic Impact Amd)'Jis Agenda item No, 170 April 13, 2010 Page 377 of 483 . EXISTING ROADWAYS nattlesnake Hammock Road is a two lane arterial which provides access from Collier Boulevard, west to US-41. East of Collier Boulevard. Rllnlesnake Hammock Road is a two lane rural facility providing aCcess to generally undeveloped land, The posted speed along Rattlesnake Hammock Road. west of Collier Boulevard, is 45 mph, Rattlesnake Hammock Road is currently undergoing construction to facilitate a widening, This improvement will be discusscd later in the report. Collier Boulevard is a four lane divided arterial which provides access north to 1-75 and south to US-41. The posted speed along Collier Boulevard is 55 mph, Figure 3 illustrates lane use and traffic control for the study area road nelWorlc. ( ~ TindaJe-OIiw:roIltJ Associates. Inc. 389007.00.07 - S~ptelllbt,. 2J, 200! Pag~ 5 McMlIlle" Propeyl)' Rezone Tra.fJh: Impact Allal)'sis . -~ " ~ ,------, I Ii I'll! I B I} I ;;; I I ~ 'II I .. , '" I , I , I I I ...------- . \ JIIIIH....UUO Agenda Item No, 17D April 13, 2010 Page 378 of 483 J I 1'1'11 wi ~I ~! I i ~ I I( I, I I 1,1, 1\ I IIl[, ~ s [e, McMulletl P,"operty Rezone Traffic Impact A1Ialysjs Agenda Item No. 170 April 13, 2010 Page 379 of 483 - TRIP GENERATION The PM peak hour orthe adjacent street trip generation of the proposed development was estimated using fitted-curve equations, as identified in r,'ip Ge'leralion (Institute of Transportation Engineers, 71h edition, 2003), Table I summarizes the resulting trip generation estimate, T.ble 1. Summary of Trip Generation EsUmltl ITE Lind Un, Cgd, and 8111 Multi- 1m (220, lied CUrve) M,diclll Office (720, Fitted Curve) Tot.1 Unite 048 du 122 k.l 0,1 ". ~ ~,a.T ~ P..1l: ~C1ur I" Out Tot.1 5 2 2 W !i ~ 2... lIS 330 PM P.lk Hour In Out Tot.1 2 .. 122 ill ill 131 212 '-23 As shown in Table I, the proposed development is estimated to generate 423 trip ends per hour (131 inbound, 292 outbound) during the PM peak hour ofadjacent street traffic, No reductions were made for site-internal shared trips or pass-by capture trips. TRIP DISTRIBUTION AND ASSIGNMENT ( The distribution of project site traffic was estimated based on output of the Lee-Collier 2000 validation computer travel demand model with a T AZ added for the site, Two different distributions were estimeted; one for residential and the other for office, Using the gravity model .nd select-zone assignment functions, project site trip distribution was derermined, as foil nil's; Office to/from the north via Collier Blvd tolfi'om the south via Collier Blvd to/from the west via Rattlesnake Hammock Blvd 42 percent 23 percent 35 percent Residential to/from the north vi. Collier Blvd to/from the south via Collier Blvd to/from the west via Rattlesneke Hammock Blvd 42 percent 18 percent 40 percent These distributions were applied to the PM peak hour trip generation to estimate the traffic assignments, The resulting net new site generated traffic assignments to the roadway network are shown in Figure 4. The select zone distribution is provided in Appendix B and site volume development is detailed in Appendix C. ~ T;"dal~-Ol;w:,. tlnd Associates, Inc. 389007-00.07 - S~pt~mb~,. 23,2008 Page 7 McMullen Propep'ty Rezone Traffic Impact Analysis . .--. ~ -r-~ ,------, I I} I I \ j 11 I III II \ I 11 I I I I I I I I ...------- S L8~ If. t1h ~ -0 <===> .-IlL fO P^l1l"'lIto::J ;sJ ilr- 0- c~o 0, J 1 1 in T;"dale.Oliver Clnd Associates, ll1c. Page 8 389007.00.07 - Seplemb~r 23, 2008 Agenda Item No, 170 April 13, 2010 Page 380 of 483 I I Q 1 il iLl > u ~ ~ .. '/II. I l! ! ~ "'....,,~.. I K J I ! 'III III IIII ~ 11 I.b. .!J. ~: Mc'M"lle'l Property Rez-mll! Traffic Impact A1I(llys;:r Agenda Item No. 170 Aprii 13, 2010 Page 381 of 483 . SCHEDULED IMPROVEMENTS The Collier County S-year work program wa. reviewed to identify committed improvements in the .ite vicinity. The work program indicates that Collier Boulevard is scheduled to be widened from 4-lanes to 6-lanes from US-41 to north of the interchange with 1.75 in 2008. Additionally, Rattlesnake Ha,mnock Road from Collier Boulevard to Polly A venne is currently undergoing construction 10 widen it from 4 to 61anes. As part of these two project. improvements will also be constructed (turn lanes) at the intersection of Rattlesnake Hammock Road and Collier Boulevard, The future Jane use and traffic control is illustrated in Figure 5. Excerpts of the construction plans are included in Appendix D. .. [THIS SPACE INTENTIONALLY LEFT BLANK} ~ Tindale-OliveJ' Qntl Associates, hlc. 389007-00.01- Stplember 23, 2008 Page 9 McMltU"J Property Relol/e Traffic Impact Analysis . ..~ Agenda Item No. 170 April 13, 2010 Page 3B2 of 483 -------., ~~ I . ~ ') ~ \1 I I! 'e II. l \1 l!' 'i! I I I ..______J " .II anI &!8 :;)1 L ~J - t - - ... f( a ..JtL- . I ~lJltlllOO '7 "~"""VJ ! J -\I'r ~ ---- I -- -- 'I ~ 1 I 1 II I III lib 1\ 1 [e-: T;"dal~-Olivtr alld Associates, {lie. 389007.00.07 - September 23. 2008 fage J 0 McMullen Property Rezollt Trqf}ic Impact A'lalysis Agenda Item No, 170 April 13, 2010 Page 383 of 483 e STUDY NETWORK IDENTIFICATION The study network was identified as specified in the TIS guidelines, "Section 8: Significantly Impacted Roadwaysllntersections." Study roadways were identified as those roadways adjacent to the site, or onc link removed where site traffic consumes atle.st2% of the adopted service volume and any other links where site traffic consumes at least 3% of the adopted service volume, The results ofthe study network identification are presented in Table 2. Table 2. Study N.twork Ideotllle.tlon ..011I....,.... ~ - As shown in Table 2, traffic from the site is expected to have a "significant impact". along the following segments: l. Collier Boulevard from Ranlesnake Hanunock road to Davis Boulevard Ranlesnake Hammock Road from Polly A venue to Collier Boulevard These segments were reviewed to determine the evailability of capecity based on c.pacity and volume information from the latest update of the Collier County AUIR and trip hank infonnation provided by County Staff, Traffic volume information provided by County sl1lff is included in Appendix E. Additionally, a detailed intersection analysis ofthe intersection of Collier Boulevard & Ranlesnake Hammock Road was undenaken. ~ Tindale-Oliver Qtld ~UOC;Qtes, 11IC. 389007-00.07 - S~plember 23,2008 Page 11 McMlllJUJ Propel-ty RtzoPle rrqfjic Impact iblalysis . -. Agenda Item No, 170 April 13, 2010 Page 384 of 483 TRAFFIC ANALYSIS The segments which make up Ihe concurrency study network were reviewed for the 2011 future conditions 10 detennine the availability of capacity based on the latest update ofthe Collier County AUJR and trip bank infonnation provided by County Staff, The Iesulls of this analysis are shown in Table 3, [THIS SPACE INTENTIONALLY LEFT BLANK} Ti"darf!~Oli'\ler Cllld AS.!Ociates, 111c. 389007-00.07 - September]3, 200B Pl1ge 11 McMullell Property Rezo"e Tf'affic Impact Allalysis e ,!l ~ l .~ ~i ~~ jop IJ:l ~ L -II oJ ~~ n H ~ I ~~ l~ !l i !l~ .~ q i ~a l! ~~ ~ . > . ~ ~~ . ~ ~ i!i ~~ 1~ > 00 ~ ~~ ~ ~ ~g ~ ~ ...;~ H E . ~ ~ . ~ ~ ~ :d ! j) ., ~.!: u ] - D. - t ~ j ~ H :J It: B ..; ~ :;; 0 Ie;>! {!. Ii ~~ ~ 0, ~~ .~ ~ ~t l& . I .~ ~ <5:5 ~~ u- , "'~ . n ft .c. o . '" . E~ H ~~ ~ l::l ~~ :ii '- '0 ~ I ~ ~ . .. .. o i i i ~ j u . .~--. ... I Agenda Item No, 17D April 13, 2010 Page 386 of 483 As shown in Table 3, both analysis segments have available capacity with the addition of site traffic, The detailed intersection level of service analysis was also undertaken for the following scenarios; 20 II Background with existing geometries 2011 Future (with project) with existing geometries 2011 Background with proposed geometries (with Collier Boulevard and Rattlesnake Hammock Road widening) 2011 Future (with project) with proposed geometrics (with Collier Boulevard and R.ttlesnake Hammock Road widcning) Though Collier County does not have adopted concurrency standards for inlerseclions, the Collier County TIS guidelines do state the following as criteria when evaluating the operating conditions of an intersection: "The delay fol' I1ldividl4a/ tW'IJ!rl8-movements and through-movements may e.lceed tire segment stalldal'd by Otle leiteI' gt'ade. bllt 1Jot below LOS "E", p.-ovided that the volume/capacity (vie) ,-ati%r/he subject movement remains less thart or equal to one. Average cOlltrol delays up 10 J 00 seeD11ds are acceptable for iudividual turning movements and through movements where the con'espouding vie ratio ;s less than 0.8. " Since build-out of the proposed development is anticipated by 2011, traffic volumes were adjusted to reflect 201 1 peak season conditions, The growth in existing turning movements, coUected by Tindale Oliver & Associates, was calculated using historical count data provided by Collier County. Based on the historical data, the following per year compounded growth rates were applied to the turning movement estimates: Rattlesnake Hammock Road - 7.05% Collier Boulevard, north of Rattlesnake - 6.75% Collier Boulevard, south of Rattlesnake - 4.44% Figure 6 illuslrates the 2011 PM peak hour, peak season without-project traffic volume e.timates TiIlQale-O/illef arid Associates. II/C. 389007-00.07 - St!plember 23. 2008 Page U McMullen Pro~'ty R~lolle Traffic lnrpacl Analysis Agenda Item No, 17D April 13, 2010 Page 387 of 483 - The traffic estimated to be generated by the proposed development was added to the 2011 peak hour, peak season traffic volumes to estimate 2011 peak hour, peak season, wilh-projectlraffic volumes, Figure 7 illustrates the 201 ] PM peak hour, peak season, with-project traffic volume estimates, Existing field data, including counts, is presented in Appendix F. 2011 background and future volume estimation is presented in Appendix G. (. [THIS SPACE INTENTIONALLY LEFT BLANK] ~ n'"rJale-O/ive,. "lid AssociDtl!S. hic. 389007-00.07 - S.plemb., 23. 2008 Page) .5 McMullell P,.operty RtZOIll! TI'affic Impact AIJalysls . .~ ~ ---r- ~ ,------, I Ii I \ III I i I I ~ I I 'e' 11 I "" I I I I I I I I ...------- P^l8J1IIIOO 19 ~~o -OEU .-J t ~ r~ 1'. HJ \ \ I t'69~ ----- .n ~ 0 Ol:~, ;;; ~ ....B...."" Agenda Item No, 17D April 13, 2010 Page 3B8 of 483 I I ~I ~I 0~ ii:t l- I i ~ I 'I 1,1 lih [e! I 1 1 n"dale.Oliver and A.ssociate$, Illc. .389007-00.07 - Septelllb~r 23. 2008 Page 16 McMu/lell Property Retotle Traffic Impact A"alysis -~ . .. ,------1 I '] I i II I II I I l 11 I I , I I I I \ ~------- nil ~l~ P^llI"U"''' eeJ ~~- ozt, LSB - OBL~ r~!lB '\1 ~ln! J 1 1 ...........Ilv... Agenda Item No. 170 April 13,2010 Page 389 of 483 - I ~i ~I ~J I I ~ (. I I ; ! w I II Ilik ~1 ~ TilldQl~.Olive,.(md A.ssociates.]"". 389007-00.07 - Sepl~mbe,. 23, 1008 Ptlgt)? McMlIlIen Property RetQ1Jt Traffic Tmpocl A "al)'sij . .~ ~ Agenda Item No. 17D April 13, 2010 Page 390 of 483 2011 intersection levels of service were calculated with the latest version of the Synchro software package (HCM methodology). Tne signs1 timings rellected in this analysis were optimized using Syncnro. Worksheets documenting the 201 I with- and without-project LOS analysis are included in Appcndix H, and the results are sununarized in Tahles 4 and S. Tabht 4. 2011 Future Llvel of Servlcl Summary (Ex1lUng Lan..) ,tudv Inter..ctlons ~ Rattlesnake Hmk/CoIlier Blvd es WB NB ~ Overall 2011 Wlthout-tlrol.ct b21 Q!W ~ F 16S.9 1,41 o S~.4 0.00 F 209.4 1.45 E 2ftJl ~ F 194.2 1.42 2011 Wllh Prol..t ill P.Iln Y&. F 417.4 2,15 F 690.6 3,S6 F 229,3 1,43 E 12.4.! ~ F 228.0 2,04 Table 6. 2011 Future Level of Servlcl Summary (Future L.n..) StudY Intersections AaRr2!Sb. Rettlesnllka Hml<lCollier Blvd EB WB NB g Overall 2011 Wlthout.orolact W Q!W ~ E 95,7 0.91 E 99.4 0.06 C 25.3 0,86 ~ ~;:~ ~:~: 2011 With Prolect J.2l Il!l!x ~ E ea.9 0,92 E 76,7 0,75 o 47.4 0.99 Q ~ Mr o 47,6 0.96 As shown in Table 4, under 2011 PM peak hour, with- and without-project conditions, with the existing lone configuration, the study intersection would experience operations worse than the operational performance standards specified by Collier County. However, os shown in Toble~, under 20] 1 PM peak hour, with- and without-project conditions, with the improvements anticipated with the Collier County widening project scheduled for construction in 2008, the study intersection would experience operations at, or better than the operational performance standards specified by Collier County, Using the Synchro/Sim Trame software suite, the intersection was simulated to review future operation. The simulation was reviewed to determine the storage necessary to prevent through lane blocking, The simulated 95th percentile left tum queue lengthS were compared to the storage to be provided post construction on Collier Boulevard and Ranlesnake Hammock Road (lane lengths were acquired from construction plans), The turn lane lengths, based on 95th percentile queuing in SimTraffic and the future stomge from construction plans, arc summarized in Table 6, Worksheets documenting this analysis are presented in Appendix H. TilldD".Olive,. arid Associates,IlIc, .J89oo7-oo,07 - September 23.2008 Pail! 18 McMlll1ell Property Ruone Traffic Impact Analysis Agenda Item No, 170 Aprii 13,2010 Page 391 of 483 e Table 6. Queue Ao.1YIIl Synchro/Slm t,lfflc Future Storage from 96th percentile Int.r..ctlonlMovement Conltruatlon Pltn, queue (Alllnt.rv.1.) Ran ..nab- Hammac Old -9 ESlitbound Left 550 348 Westbound Left nl. 14 Northbound Left 450 455 Southbound Le t 440 119 For the northbound left turn queuing, SimTraffic indicated a 95'" percentile left turn queue exceeding the storage lane to be constnlcted. When observing the simulation, however, the queue never appears to exceed more than h.lfofthe allotted storage, Further observation indicates that this calculation is likely considering tbe vehicles that wont to turn left that .re "trapped" in the northbound though lanes, However,'s the northbound left Dim movement is programmed as a "lag left", the left-turning vehicles that are "trapped" in the through lanes, will be able to access the left turn lanes as the northbound though phase flows, then be processed through (and emptying out the queue) with the lagging left protected phase, This is further supported by thc inside northbound left lttrn lane having a 95'" percentile queue of 187 feet. (. Based on these results, it is anticipated that the proposed future left turn storage provides adequate capacity sn that left turning vehicles will not impede the progression of though (critical) movements at thc intersection. [THIS SPACE INTENTIONAl ,L Y LEFT BLANK] ~ T.,mJa/e-O'II>er ami Associ"'es. Tile. .389007-00.07-S~pl#!mbe,. 23,1008 Page 19 McMlltlelJ Property Re1QJlt! Traffic Impacl Allafysi~' . ~ -1t Agenda Item No, 170 April 13, 2010 Page 392 of 483 LAND USE TRADE OFF As noted in the introduction, and presented in this analysis, thc MPUD would allow for a maximum of 122,000 square feet of medical office and medical support facilities, ItS well as up to 48 multi-family dwelling units. However, the site is not limited to medical office and medical support facilities for the commercial portion. An analysis was conducted to determine land use "trade off" ratios, These ratios would allow the developer to exchange medical office density or multi-family dwelling units for general office density, The tradc-off ratios were determined, such that the land use exchange would not result in an increase in external trip generation. The trade off was based on the information presented in Table 7, Tobl. 7. Lond U.. Trad.off Rotlo C.leulotlona C. P Gln,ratlon {Pitted Curv. KSF " o 1.1 -1m rp Gen.ratlon (Fitted CUI"YI ou 48 (DU/SF) o ,25 As shown in the tables above, based on the peak direction of trip generation during the PM peak hour (outbound), the l22,000 sf of medical office generates the same amountofextemal trips as 224,000 square feet of general office. This results in a ratio of 1.84, which indicates that an appropriate trade off would be 1,840 square feet of general office exchanged forevery 1000 square feet of medical office, A similar calculation was undertaken for residential vs, general office, The resulting ratio of 0.25 indicates that every 4 dwelling units could be exchanges for each 1,000 square feet of general office, Therefore, the maximum square footage may be increosed (ahove 122,000 &quare feet) in accordance with the these values, should the developer not constmct the maximum allowable 122,000 square feet of medical office and medicals support facilities andlor the maximum allowable 48 multi-family dwelling units; however, in 110 case shall the commercial square footage exceed 185,000 square feel. Table 8 gives the ITE trip generation comparison for the three development scenarios discussed above, Ti,uitJle.Olive" a"d A.ssodalg1. Inc. 389007.00,07 - S.p/.mber 23, 2008 Page 20 McMullen Property Rezo"e TrqfJJc Impact A"aIY1;s Table 8. Trip Generation Comparison ITE Land U.. Cod. and SIze M II-femlly (220, Filled Curve Medical OffIce (72Q, Fitted Curve) Total ITE Trip Oen.r.tlon e.tlmale AM P"k Hour Tolll 21 ~ :130 Unitt Dall 48 u 122 kof ~ 4,141 Agenda Item No. 170 April 13, 2010 Page 393 of 4B3 e PM Peak Hour Total m 423 liE Lind U.., Code. end Sin MuIU.'","hy (220, Fhtod Curve) Medical Offlee (120, F"'od Curve) TOIII ITE Tl1p Gener.lIon Ettlm... AM P..k Hour To..l 18 ~ 327 DIlly 325 ~ 4.'26 Unit. 29 du 124,6 kof ITI! Trip G.n.rallon Estimate ~ P..k Hour Total 2 ill 314 Unitt 0,1 48 Uo 439 185 k,f ~ 2,181 PM P..k Hour Tolll 34 ill 420 PM 'Ilk Hour Total 4 ill 320 As shown in Table 8, lhe total (net new) trips for the alternotive scenarios do not exceed the total trips for the analyzed scenario. '- [THIS SP ACE INTENTIONALLY LEFT BLANK] ,. Ti"Jal..0Iivet' cm<< Associales. Inc. 389007-00.07 - September 23, 200/1 McMullen Propf"rty Rezone 'n'nffic Impact Analysis PnKe21 Agenda Item No, 170 April 13, 2010 Page 394 of 483 . CONCLUSIONS The conclusions of this srudy are as follows; --. The Sembler Company proposes to develop 48 dwelling units and 122 ksfofmedical office space on approximately 19.2 acres located on the north side of Rattlesnake Hammock Road, east of Collier Boulevard, The proposed development is estimated to generate 423 trip ends per hour (131 inbound. 292 outbound) during the PM peak hour of adjacent street traffic, The roadways identified for copacity analysis have available capacity to accommodate project traffic, Under 2011 with- and without-project conditions. with existing Jane use, the srudy intersection would operate Worse than the perfonnance standards specified by Collier County. Widening of Collier Boulevard !Tom US-4] to north ofI-75 is scheduled for 2007, Rattlesnake Hammock Road widening is currently under construction. This includes intersection improvements at the Collier BoulevardlRattlesnake Hammock Road intersection. Under 20 II with- and without-project conditions, with the committed roadway improvements, the study intersection would operate better than the perfonnance standards specified by Collier County, The rum lane queuing analysis, at the intersection of Collier Boulevard @ Rattlesnake Hammock Road, revealed that the proposed fuNte left turn storage is anticipated to provide adequate capacity. The anelyzed roadway network meets the Collier County rezoning requirements based on the traffic impact analysis. The maximum square footage may be increased (above 122,000 square feet) in accordance with the values noted in the report, should the developer not conslntct the maximwn allowable ]22,000 square feet of medical office and medical support facilities and/or the maximwn allowable 48 multi-family dwelling units; however, in no case shall the commereial square footage exceed 185,000 square feet 1'illdalt-Olivtr t1l1d Associate!. hIe. 389007-00.07 - StplemMI' 2.3,2008 Page 22 McMullen ProperlJl Rezone Traffic lmpQct Allalysis Appendix A Methodology Correspondence Agenda Item No. 17D April 13, 2010 Page 395 of 483 . ~ .) . .~ '(fi) Agenda Item No. 170 April 13, 2010 Page 396 01483 ('.-':;::"'u:"'"-i:'I~';aim~";;";:",~:',~L,::.:.:::"...:,~_...i:-';.';b~";;::ll~':i?;''fi:.~j;n~~",_'.u_ 'I 'ind<lk.( llill'l ~\W)( jail'" IIIl , J pj;;;:,;~ ;1;\ r 11.~I" ,-;'iil~ ~'dJ1.nnry 1. :lOO? !\II'. I'\kl\ (~asflli.il\~uid'l Planning I\'hmnger 'I'l'illl.::ipurtl\tivn PlalllllHI! 2RI:\;, K J IUl'~wsht)(: nriV(' l\nplcs, FL ~~ 101 n.: Traf!i,' Impact Stud~'l\l"thodolog~' Mc M"ll.lll'ropcrly RC7.011illg Collil'r County. FL f\tr. (~atia lalllluida: \\i, \:,.' , :.\ I,. \," (p' , ,\ , I , ! \ "~II. \ , \ ' { " , ," ....,1 \, . !i '/( I f Thi~ 11'Ul'1 ..,;llnlll\nrizt'~ mo' }1f\1pCHKd 1l'anll' lm}Jfwt RIlJ:d,nl.i!l. nil.."' hl1dolo~~' for tIll' prupoft.t} dC'vL'h'plll(.nl in l\)lli~r t ~OlllHY. Flurida, Thi~ IIIL.t110<1ulog'~- WolF: c)'('AJl'd hl1f..:l.'fl fl11 till: l'l'quin:IlH.'l11S of tht. (\,111(-1' County Traffit, Impact Sturly CluidclinE's ndoptrd l\:ll\Tmhl'I' 14, 20D6, Pl'oj{>c1 n~s('J"iJltion 1'lw IH'llJlV,"I'd Ch"Vi,j()\lILWm is on l\~)lI'(fXillU\ll'I)' Hl Hcn'.!) lon'ltl'd J!l'IH'rHlI~ north ul HHtth.'~IHtkt, HUlllllh,d, I{oud and t'ast 01 ('vllif11' H(I\1la'\'Hl'd. Tlw :jill' JUt'HI illu JI'l'\huWll in Figl1rt, L TIll' ~ik i:-: JllI'Jllk{.t\ 10 hi' tlt'\'rlo)ll'd M, n -'IX nlldri family d\\TI1iIlJ{ mJil.':; find (I!JIJrrtxillllltdy 1:I:J.,OoO SlllUil'\' r"l~l ~h(Jppint: t\'l1h'i'. TIn- f:itl')~ Pl'itilll,lll'd III \ If' hllilt Hlld IHTllpit d in iO()~j. \, , \ -A~ 1 1'l.ttllllll~~ :111\1\ It:'!ll" ;ip, Tilldak-{ )li\l'1 IX .\,,{)('j;III'S, IIIl , - .. ,~/r, Nick {'astlJw,.~"idtl Frl'I'II"':\, t. 2nm P{l~e J or (j Figure 1: Slto Location ~ '~n~-~-'-~-' t I f r '_ >>'lIll'b"!'~ ...~:~r- * ~ ~: ~ t, .;~), ~ .1 ~i' ~ ~.< f , -a- -oP''''''''I')ll J o,...! '! ~:; 4 .~Il ~~ ~. ~ t I ~ " P.~'"V''''' m",l"'''' I\~ d" 1i4t:e... ~ VI \:" i' to J } ~ I " . . i .'. f<.j,.~J ~ f r : ~ (".,.'1:,.... o' l i .....-"",,' r"" . 1\"~ I;~~;';~:, ~~::'~\ ~ " '\" , '-)r~''''~ ",~:!',I! C'.~ l!- 4 .?'~} ^,,"',} ;>'5' rj >/' ~, "IP'UMJI>Ii Y,.'t\< . ';\1_ ".; ~.... i f lllll":'i"n ~q ',~.u::.",\!,~,:~~~~',:i:,:.:::~m,:!':2..~.~---:L..:- ~..' ""l ,~~ A:2 <: , 'Y",e-c''''.,. 1>4-1< Int-l.nt, ........1\..-. , '''"::;''''' (~lrhl""rw (..".-.r", {,.e-tAi '>!" ,.::,t . ('; l ..\.~. c. t Agenda Item No, 170 April 13, 2010 Page 397 of 483 e C:-l~; to.., ....,t ~"J .. .l.."7' .I\$ls '!_!~.'Y J..i ;.~~~::~~:: ~,=:,.,.::.-..l ... ( . -,..~ "" i it '.''\1'' '".~I..' t o ~ Agenda item No. 17D April 13, 21110 Page 398 of 483 . Tillda\.'-( l!iwr.1(;, ,\"'ll'i;ilt'... I Ill", JiI,;lllll;~:, I.l'! lit. II,' '.1I1~" . Mr, Nick ( "(/.\OIOl1gll;.I" Felwwllr /. ~'(JjJ7 }ltl~(,.{ (~I Ii Trip Gpllf"rntion TIll' {lail." HIIlI ))l'U" hour or lilt' Hdj~ll'l"nt ~tn~l-'llJ'ip Ml'lll'J'uliotl nf l.hl' Pl(JpU~l'd dt-\t..1ul'llH'nl war' ,':Hillltlll-cI \I~ill[! tht' fUh.'ll.(,uJ'\.'l' NllWhllllS for a multi family Ilw('lliul! llllil (Lll(' 2:~1I). am) nwclil'nl oflk(' tLU(' 'j 2U) n~ idf'ntifi(ld in '1'r;p (i(~II('1'l1tilJll (lnstitutL~ of T)'un~pUl'tlltilln 1'~I1~in(,L'1'5. "ith ('(tiliol1. ~wn;~). Tohlt.' J sHllIl1lm'jzt~f1lhl: J't''::lIltin~ t-riv ~"nl'I'uth1ll ,':~lil11l1k, Table 1. $umrnalY of Trip GoneraUon Estimate IrE Lind Uso. Code, end Sizo MulU...f8mlly ~8 Medi~1 office- 122 10tal Unit du k,1 AM Pcak lioU! ~.~~...., 439 5 22 4,408 239 Gl U41 244 8' " _'otal 21 303 330 PM Peak HoUl In Out 29 15 102 277 \3\ 192 ~r~~~"'~ 319 423 -. f~ti HluJWlI ill Tublt- 11 lilt, pn)JJI.I~l'll dl.'\'l'llIjJlII{'1I1 hi t!:il imull'tllu t;4..'IIl'ndl' -I2:i lit'" 4..,ll~11l1l1 triv endr, pl'I' hou1' (PH inho\lnd. :~H:~ out.hound) <luriug' 111(' P1\'1lJl'ak lUluI' tll" mljml'l':l.t f'll"l'd tI'Hf11l:. 'I'rip JH'lIl'l'i1tioll fur thc' PJ\II)l~ltk hOlll' j~ pro})u:-ll'll fill' liSt' in thi:- ltllnly:-:i:-- Iw('all~I' t hat I illll' pt..rind prllvint-.[-; fur the \\'iwst ('aSI~ tmm(l H'(.'nn1"io 10f tl\l' ndj[ll't'nt loath, il~ sy~lt'm. Hltc Traffi., Dls\,.;buliulI Tlll' di1:-tJ'ihutillll of )Jl'lljl'l'\ ~itt' tram,. WU.$ l.tilinu-!.tptl b:iH.d Iln output of tlH-' 1.1'1..('olllt.r :~OIIO ,"ulidnliun l'olllplltl'r tl'H\(~1 dt'll\nnclmorl(,'1 with u TAZ mlrlt...d IiiI' thl' ji;ih.. Two tliffl'I't'nl tlisl,.ibulioll:-. WITI' 1,:;.timHl<'d; 011(' ftll n'sidl'lItial ulIel tlw utlll'l' 1'01' Oml'p, U:-,inJ! tl\l' gmvity mndl"'llllHl ~H'kd ,jIllll!" Hf-,~i~nnh'lIl hlTwtlllll:O:. projt'(,1 f>itl' trip ~li~ll'ihlltilln was d('t('rlllim'cl .'\11 ('xc'q'lll tli plot: oftlw :':I'h,t.'t I'llllt' \t"llnll' n:-;~lglll1wnl~ oml n'~uhint-' trill dh,trih\ltltlH~ l\Il' 1111aC'lll'tl, B:uwd ull thi;.;, infll)'n1alioll tllt~ IIiI' di::;l I'ihtlt inn WIl:" ,.:~tnhli::::}wd lint! i~ sumtIUlri...l'll h(.\ow: nfl,,,,. Wlfl'lllll IIll' nnl'l II vill ('olli.,1' 1lI",1 tn/frolll tll\' tlulIth via ('ol!ipJ' BI\'d tn/from tht~ \\'l'~t viA Huttlt's1U\k(> H:HllIllOC\\ I:\I\'d .1t Iwn~('nt 2:i pt'I'L"CIl\ :ifl }l(lrcC'l1t lk~id('nl inl lo/from lilt. north \'ia t'olli(JI' Bh.d lo/frl,llll tilt south yiul'ollil'l-l3lvL! to/from thr. \\'p::;t \'ii-l Hatt I(~:-:llllkt' Ilallll110rk Hh'c1 1:llJl'rl't'l1i 18 jll'l'n'nt 40I11'1'('('nl ~ 1'J'lIjl'd J.:'( Ilt'I'lIll'<lll'alfi(' "ill Ill' lI~~i!'l1l'd ll) till' f:llHly Iwtworl, hast.d 011 dl4' t'~tjlHalt"d hip Ili~trilHlti\lJl A- 3 Agenda Item No. 17D April 13, 2010 Page 399 of 483 I illdak-t )1i\\'1 i~ .\"ll\i:II\", 111l, 1'1 ' \; IIi II '.I;'~ I III I;',' .t1.' e .\.J,., ,\'h k ( UHJ1",,!:,,;dd h.-h, tIW~' /, ~}(1(1; J'agt'.J off! St\ldy Nt'fwuI'J<: ldrutiticntion 'I'1U' Ht \Ic1y nrl work \\'n" d('>h~I'lI1inl'Cl hasl.d 011 II l't'vil'w uf t hl..' '1'1S llllidl'linl~r'. "~{'(,1 icon 1'\ :"Ht!nHicnnth' Impat'tPcl HondwiIYf.Jll\t('r~{'I.tiun~ ,- TIll' signif'il'IUl{,{' tt:\f>t wa~ }lCl't'url1lt.rl 1'(11' ilJ'('it l'tHHlwJt.\'~ The )'l 'S lilt I:' of 111(' ~1:~111nl.'ant'I' t4'~i art. pn)~l'nll'(1 ill Tllhll' ~. Table 2, Slgnlflcanc.,..t -. -- . ~_. ---. ---" -I---:--::::~:-~"t~,.. ..f;;;;~~~':'~';;T ~T. <, ~ ~T- -k-~_~,~.I=~.I.............."".=, ..1 . """'''--'''''''.,,1 ta~~4-\tf,~k -r5[~:~+~.m4 Ha~(,'d oil tll(' infol'IlHltlol1 pl'l':-lpnh.d on Tahh':!. ft11lowing \\'t'rt~ id('1l1ilil'l1 fOI'I\nnl~':--i~. (. ;\1I(l/."si., SelJllwllfs :, IhHth"':-,nukt' Hnll1l1l Hrl frum Polly Avt, to en ~H) 1 Cnllh"l' Hllllll'\'ul'd 1'1'011\ J).l\'i~ fih'd ttl Haltl(>!-.Ili1la.' Ihlll1l\\!tel AI/o!y",i!'; I,,','r,'we/ill" ('flllil~r Boull'\'llnl ,,', Hattkt:l111kl' Ilnl1l111 Hd ^ twirl ill\'l'l1lul'.\' pI' thl' ~hllh' illt~I.:-;t>l.tiOIl will hi' 1'{mcl\lt,It'rl to dOl'llllwnl tilt, J.:t>illllC'tri(.~ anll uuxilinl'Y tUl'n hUll Il'n1~1 h~'. Nt'\\' III I'l,,(.t>nlly colll't.'ll'tl (ll'5:-.1hilll litH' ~ Pill' (lid) P~ll\l'U\;: hOlll' (4:0tllJ.lll, (;;l)(Il'.IJl.) IUl'nintr 1ll0\'l'IlWHt rount:-: will he n::wd fill' till' intrrr-t'r1itlll llnol."~b. For tlw ~('r.mC'l\1 flllAly~is. volullwf' pru\'idt'il h~' (~01lil'1' ('nlll\t~' frolll I Ill' AllIn \'I.'ill Ill' u~('d. ~ A.4 Agenda Item No. 17D Aprii 13, 2010 Page 400 of 483 . Tilldak-t >11\1'1 ,\ \"lll'j,i1I'S, IIII', 1'lllHlllh', ;1' ,.1 I "~'ll ,\ , Iii' Mr. i\'ick ('O\t,IIUI,1.!.uido hbruary I. 211111 rl1~l' 5 vI fl l'ad(gl'CllIucllnfoI'Jlwtion l'nllit'1' County ha~ pl't,virlt:'d till' mOit I'l'('l~nt ,\UIH nnrl"trill ballk" inful'mation wlJkh :11"\' II) ht' lI:wd rill' hack~l'lJlII\ll \'01\111\\' l!:-:tiIUHlion fur ,hi.; prnjt'rt. Hi~lol'kall'ollm~ l'l'Cwidl't1 h~ ClIllil..'r Cnunty Illi1Y llh~o be.. u;oi.l'd for l!fuwlh l;'~timnti{Jl1. AtldiliullHlly. im1JJ'OvpnlPl1t~ ill tht, ('lllli~l' Counly ullcl FUO')' wurk PlQgl'll.l1\~ anll Cnpital Impl'(lvt'Hlt>J1t Pl'\I(!ral1l will ht.ll.\,i,.\....l'd. .\ny roudway illlpl't)H.'1111'llt~ ~llt!dlllt.d \\ithill tIll' lil!Ot thl't'l' ~'Nll'~ of thl' fl\'{. p'nr pl'll:!1't1Il1i' willll(' HFi~Ullh:.'cI fut' thi:: l1lHl1rbi~. J\ lu.....lil11innl'y I'('"ip" illcli('ut(,,,, thnt widening- of Cullit'r Hl)\dL,l\.'anllu l"ix-lullt.:,ti from NOli h tlf],7:1 hi South \\';.llmurt Urivl~way j~ ~("ht.duh.r1 rill :lOllt\ ron~t"\I{'\ ion. Addit iUII:llly 1'(Jn~ll'm'ti(ln i~ \lncll'l\'dt~ IlJong Hallll~~1\llkl' Hammul.k H(JAcI wh1('h 1:<: tll willt>1I ,ht.: wluh\oi\.\ [mill two to gi, lmw!': Anul,)'!o:iis .-, Sc!1!mcJlulli.ql.r.~i.-: \ I \ ~ TIll' iclt'lllitiN'! J'oadway ~l't.!nlt'nu; \....i!I hi:' analyz(>d 1'<'1' IIH' i'JJml P,\llwuk huur. pt-uk din'dion :--rt,nariu. TIlt' HlIlll~sb will ht Pl'rfoJ'llll'u u8inR tlw ..-\L1IH dntahaf.t' fur ('xi~ting pluto; (:olllmit ted C'Hpndty (I<: Il'). ha('k~rounrl "OIUI11{,B, lllHlllw trill hRnk Tlu' 1'(llHl,... n~..~ will 11... tlIlnl~'z(.d tu th'h'l'millp if 11H' E I (' I\l'twol'k )lJ'ovidt.,l'- atl"l(\Hlh' !,,,ok hour. Pt'u\. t1in'~tiull t.upat.:ity jll unlt'l' to ~H'I'Oll1lll(ld'llt'll1l' :'llhj(,{,t l1J't,)j\~d. bill'E!il..'clil"1 /\~I!!j.\'si~ Tht' OPtt'utillJud il1ll'I':iVI'liul1lll\uly:cj,.., will h\.. p~~l'fOJ'Illl'll fill Ill\' P~l pt'a~. hO\ll' url1lg tilt' Inll':-;\ \'l'l'~ion tlftln' ~~YlldH(I PIII!-tt'tllll (HCi\l i\ll'lhudol('R\"J. Tht> illh:I't:l'I'lhlll will bt, anuIY7.I'i.l \lmh'r it~ ;I.':!-;tlllll'd l'onlh:\Iratioll willi tilt' HIlIil'ip:Hl'd l"O!ldwllY wi(h>njll~ Tlit .'\UIH willlw t1H'll fol' hit:'!' \l)ltIIlW~. 1"111' ~UtW HlIUIY:'iif;, th(> vohmwt: willlw frown h~\~t'd on inft>l'matifln pl"uvidl.(J hy tIll' ('ollnl,". ...., A-5 Agenda Item No. 170 April 13, 2010 Page 401 of 483 Tilld"k-( >Iill'l & ,\s~()('ialt's. hit', i '1:1l11l111~' .111,1111_11'0 l rill' . .~/,.. Nil'/': (-a.'itllclll~,tidf1 i"ebrllC1f)' /. ..?tJO/ PaRc' ()o(fJ Closul'e Tht' an~l.vi'Oi~ nlf.'th(ldo]oJ.:~'. linding:b. and n'('Ol1l1Hvl1lilll Ifill:>; ,,,,ill hi clnCUllll'lllt'11 in n l'l'}lj III. Uequiret1 t'npit.~ '....illlJ(-" rllstrihlltpr1 alii HpprnprintP. fr yon elllll'ur wIth tilt' mt-thudology pieRs,", sif!1\ and rt'l UI'Il n l'OPY or thi~ ]f\{b..'r ltlllW. Jf "'l\l would like to disl'H$S chang~~. plPIH:ie JWl ill ItnH'h wit h lilt' fl1 you!" l.'lirlit...st ("(ll1\'pnif-w:t'. Ain('(~rcly , Tindale-Olir'PI' allcl A."oeiates. I/lC, 1.'r~llJ .\." . {</l"^' \V, T. Bo\\'mnll 'I'J'ltI1Spm'lllliIIIJ ElllfjUl'<"L' AIIAihnll;'nl~; LI't'.t'lIllin f\'lull('lllrokrl I )j.,:l1 ih\lli{J11 (~I"',IJ..(c'!'J H.....idllltinl nnd Ofli<'l') '- Copy; Mik(' Trox('I1. Sl!ll1hlt'r In Ob'l"l'pnwnt with l\h.thudu\ogy: eoUip!' County l\:n 11 II , dRtp Tit!., .. A - 6 . ..--- I< .. ~ o . - .. ~ tJ" ~s o ....~l-L.-l~O ~". 0 (i~,' \0 -~,- o . '~ , ~--~/ o. \ I e " 01 003 ~Ol ) I 00. I: \" 10 , \ loo.J/, 0,0$ ~~oo\... I~' o {' I \ ~..~. O.Ol ....~ ", (I IMIJ il ~'t':"i . "\1" / Agenda Item No. 17D April 13, 2010 Page 402 of 483 ,c:: .. ' 0 H ,<. ,;~I p C) il.f'~' - -~ o~:.~_ w~ __, -:-1 e 009....-- ., '.. O ~ "'~ 00,--_ 01 . -r ~~~.',n ,;1 0.0' (~~. ~L' ~, ..'~g ~l01 0,0, ~~:; 004 \ 0.04 l'?l~, o-\,~- 0.0-' (tOl - -0 - \\Ol(~ \\ ~ :-\ t r ~."'1., ,.,., o \ 0 ":,.-1 ~\\IO " ~~, g j~~ / f.\_ ~ o It' 021 ~. ~Ol . oj l; .; 0:(.4" d .; 0.01 'I o 2 ,/ I O'13\~014 "f.J ....1=, :~ . 1;./ "-;;Co"'O'__ . f" l1 0 0/ '\." , "~"" 0\ i'~.. 1\;1" L ,. ; <>\ "'"- \ . 0-\ ): /o~ !}.......... /<>. J(<> UO;' D~'jl' \ r. ~ 0 ") \ /r::> . 'c~J" ~o 0 \ .' c: Qo, ~'4-= ~/I' ./ ." ~ (;) I ~. '0", 0 " Go.;>........./ /~'~>1;~,~ '" Do,., \I~ ../Co.c, ~ ''\~'''' o.:!" 1/ ).' 1_ _...._,~ -~.~~ " ,()(J' 1, ~. o \:/ ~o~ u o " 0, ;' / ql~ -" -Cl~' ," A-7 . = ... 'f.","-'ii: "<)'",.' ...... '1 ~ PI .~ . . ' --'] - " ,,- ~~ ~ ,j .~, Q/ 1 E ~ OJU eo,... \ \ / 0 \ ~ : i) ,\ y . ;/~~\j g - i ~ 0>\ _ . ;0 0"'- ~....~~.or;"~\ ... -. - .0' '." 0,.0 do;' ~ .01 u ~~ ,~ /0 \~ n ijLw 0 \ ~ ~ 000 b 0 C M .. ~ .. ~'1~.o, ~\~ \0 / \ (0 1\ '/ ~I F. 0/ ~~ . 1_ _ _L~~ ci .i", 0\_ , . .-10,,---0;0'\00.." .23.'" )' _n.,,_' 'u\ .. ..< jp \9 l) ~ 0 oj' .:4 \ ~ I I ,/,,' I ~ ~(\..~-..., '0 00" \ ~ · \' '1 ;', \~\ 1 ----,01 -1,. /~ ~:\ fa.; ." " ~.J, ) '[J :':'9 d .0, o~ ' ocs}t ~ \ / /;' OO~ Ov, j OO~ Oo~;?~~rf/ 0 , c- r;:;Vl,' , - ,t;l "- (1(11 A (;) {I' 8 ~ ~.' " (l "9-> o A-8 I:". qn- Agenda Item No_ 170 April 13, 2010 Page 403 of 483 . " ~ ~ ci ~ II! 6 ..2 " . ci .0' ~ ~~'..--- 0.99 _..:..! Oll %,. ,... "'-, " t!r,>-... -',- . Agenda Item ND, 17D April 13, 2010 Page 404 Df 483 . Appendix B Lee-Collier Select Zone Site Traffic Assignment -,- Agenda Item No. 170 April 13, 2010 Page 405 of 483 n--~ /" ~ I, vw \:l vt:tl<e-- " ~ Ie I I 0.09 0.0& 0,01 . B-1 @I.)JLtJrn Agenda item No, 17D April 13, 2010 Page 406 of 483 . ~~'0;:';;-~0-06~~ q,--o\o a-a 0,01 "i--~e5----:- -------l I~\nn' ~ o 002 0,1 0,1 ~ e ~ ~ 0.02 ~ .. ~ c -- ';j .. ..' 0." I 0.4 ~ .. 0.01 .. ;; B-2 ~ M n rnlllltJcB Appendix C Site Volume Development Agenda Item No, 170 April 13, 2010 Page 407 of 483 .. ~) . . -, R.ald.ntlll Site Olatrlbutlon (Inb ound) Rettle.nake Hammock Rd ... " 10 t Ii o o C - 1 Agenda Item N A' 0.170 P pn113,2010 age 408 of 483 R..ld.nll.1 811. Dlllrlbutlon (Outbound) Rattl..nake HammoGk Rd " Z III ~ o o c- 2 Agenda Item No, 170 April 13, 2010 Page 409 of 483 \ . '" ~ . - Retllltrllllll bI.,,,,1f 1111 Tftpl (1"bOlln61 l\-'tlnn'lce Klmmeak "'I Agenda Item No. 170 April 13, 2010 Page 410 of 483 1 t ptol.~'h. In: :ztI out 1& ~ c - 3 R.....ntl.lt:.em.ISlt.Tr1pllOulb'OlllMll RtI.....nIb HIIIlIIIMk Re Agenda Item No. 17D April 13, 2010 Page 411 of 483 . "1GJ1tISltl In " CU: 111 ~ & . C-4 . - om.o 81to DI.trlbutlon (Inb ound) Rlttlllnlke H8mmock Rd 'tl . iii . ~ U C-5 Agenda Item No, 17D April 13, 2010 Page 412 of 483 Ollie. Site Distribution (Outbound) Ratlleth.ke Hammock Rd .. > iii ! o " C-6 Agenda Item No, 170 April 13, 2010 Page 413 of 483 . ~ . . -, ,~ omCI ExWImll SIItI Trlp'llnlrl'.."dl R.tll.,ntqlol'1IlrI\ltC'kRd Agenda Item No. 170 April 13, 2010 Page 414 of483 > i P,oJnt"IlI In 102 eM 2n ~ C - 7 DmetfJ(lt_1tlleTrlp.fOulbOlln.-, "att~."'kIt Hammoclc Jtcl Agenda Item No, 170 April 13, 2010 Page 415 of 483 ~ ",oJ.ctll" '" 102 CM on TCtii---m- (. r C-8 Agenda Item No. 170 April 13, 2010 Page 416 of 483 . TDlllttl'1'N1SIttTrlpt lP 1 n } ~ D!!J~ ~lJiD ~nSIM .. '" RlttlulIlllIIH"lll\'lotkAd ""' '" ~ ~ ~CiiD & ~ C-9 Appendix D Future Roadway Improvement Information Agenda Item No, 170 April 13, 2010 Page 417 of 483 . &.1 . ..-,....--... , " O~ S!V3>1 dO'f\fO ~" Ill" ~ ~ I ~ ~ OAll! NQSllM " ..... ... \ ) o ~ , . 0 ~ ~ ~ ~ I g~ ~ i III III ... ! ! 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II ' 0 . . , , . 1,1 I;] I \ II - "0' I i I I, I II] i I I I " I d I · !~II \ I .1.1 II I I t" I Iii! I! II III 111,;J I \ I I I T ". . III II~ I . j J I !; I , k · - '. i I I ! I . J 1.\ II ,- I ! 1 1 . lj"lt Ijll I d' I-Ii, illjl Iii i II 1.1 t ! \ II! 1 t' I I II ! J. . Ii I, ." " .' - "'II! ~ ; lli I I I -1 . II IT I i I; I i I - 0 ' , , - - I It II , . ' , _ . I,' I · Ii. I i I - I 111 _ _ _ , _ ,', ' , , , , , , I ,:' .. . ' , ! 1-" t _ .. , ! ~ . , , , . , , .. ! l1ihUli E _ 5 .. -" !." "H.;di lit 11.1 II 11 I Ii ~l! Irll "~ ( ,I . " " ! II . , . lll~ ,! .l ,~ . . .; .! .! 'l ' ~ ' . ,~ . !~, ,~, ] ~ ! I I . , I - I" I' ' .! _ q! i I. ~ 'I ! I ~ t ! ~ ~ . . I 'X , i ~ ! ~ ~ ~ E" - , 1 :, - . I ~ ~" I ~ ~ ~ I ~;I,"'- ; , , . ) , iI" .0 " ! ! I . . I I ..... ~ ! i ~ !! A ! I. I . I I I .. PI'! , \ !lS~!~i.~llt:r .. . 1 , ! ~ ~ = " II II I :1 II I1I1 III I I I II II I'I! I lUll .c. I I..., .. j I, "I ;. ,I, \1. , l! ~r; ,II. I , tl I ' liB Iml !~I AI '.I '" . I "I, ::1 ,I II II .1 :!: tEal I I I 1 T I I T I Agenda Item No, 17D P April 13,2010 age 424 of 483 II T t ~ i I I i I ! Agenda Item No, 17D April 13, 2010 Page 425 of 483 . Appendix F Existing Field Data ( ,. J . . Agenda Item No, 170 April 13, 2010 Page 426 of 483 Inters.ctlon: Collier Boulevard at Rattlesnake H.mmock ROld (Totll) O.,e: Jsnuery 23, 2007 Source: Tlndale-Ollver and Assoclat!s, Inc. (TM & JE) Nor1hbollnd Southbound E..tbound We.lbound RAW LT T RT LT T RT LT T RT LT T RT TOTAL 4:00-.1;15 .. .55 , . '" 55 .. . .. . , . ... 4:15-4:30 .. .0' I 1 '50 .. .. . ,. . . . .., 4:30-01:.11 " ... I 1 '10 " .. I " 1 . 1 ,.. 04:45.6;00 .. ... . , ,.. ., 55 . " . , . .., 6:00-11:15 or ... . . .47 ., TO . .. . I . .., 6: 1&. 6:30 " os. . , .14 .. .. . 27 . . I ." e:30.5:04S .. ... . , ... .. " , .. . . 0 ... 6:"5-8:00 " 271 . 1 ... .. 50 . " , , 0 m PM PEAK HOUR 170 1382 . . 10711 ... ,.. , ". . , 1 318~ 4:045.5:45 PEAK HOUR -. 00 .. .. .. .. .. - .. .. .. .. .PT FACTOR Tind.e-OIiverAssociltu,lnc J:\3S9007-00.07 Sembler<<McMuUen RuorNI\Counb.\CoLier G RalUesneke HammDcludl F.. 1 Agenda Item No, 170 April 13,2010 Page 427 of 483 " ) e Intersection: Collier Boulevard It Rultlesnake Hsmmock Road (Cafl) Oaft: Janulry 23, 2007 Sourc.: Tlndlle..ollver and Allocie(el, Inc. (TM & JE) Nolthbound .""""""'" e.stbound -"""'. RAW IT T RT IT T AT IT T AT IT T RT TOTAL 4:00.4:16 " ... 1 3 ,.. &2 " 0 " 0 1 0 7B. 4:16.4:30 <3 "'"0 1 1 '" " " 0 20 0 0 0 ,.. 04:30.":"5 .. '" 1 1 '" 70 " , Z3 1 0 1 m .:"'5-&;00 .. ... 0 , ". ., 67 0 30 0 1 0 m 5:00.5:115 a. 331 3 0 ". ., ,. 0 30 0 1 0 m 5:16-&:30 " 3>7 0 , ". " 51 0 27 0 0 , ." 5:3D~6:.U " 331 0 2 211 " ., , 3. 0 0 0 m &:45.e:00 31 ,., 0 , 2St .. .2 0 12 , 1 0 ... PM PEAK HOUR '" 1324 , , 10'1 '" 2" 2 12. 0 , 1 .... 4:4$.$:45 PEAK HOUR -. -. -- - -. n ., .. - .. -- n .97 FACTOR & . 'tl1ld.I.OUver "tsoci.let, Inc J:\3;Ito07-00.07 Sembler.McMullen Relone\Countl\CoIMer GI ~lttIeln.ke HaJ'MIPcludl F - 2 . .-' (~ Agenda Item No. 17D April 13, 2010 Page 428 of 483 Inlersecr/on: Collier Boulevard el RaUIe,nak. Hammock Roed (Trucks] Dale: Jenuery 23, 2007 Source: Tindale-Oliver and Associates, Inc. (TM & Je) Northbound Southbound e.slbOUncf W...lbound RAW LT T RT LT T RT LT T RT LT T RT TOTAl 4:00'4;15 1 .. , , 1a , . 0 0 0 , , .. 4:1'-4:30 1 25 0 0 " . . 0 0 , 0 0 50 ,UO.4:4$ , . , , . , , 0 , 0 , 0 ,. 4:45- &:00 0 15 , , a , 1 . 1 . . 0 ,. 6:00.6:1Ii 1 ta 0 0 . 0 2 . , 0 , , JO 6:1$-5:30 0 13 , 1 . , , , 0 , . , " 5:30-6:45 0 12 . , . 2 3 0 , . 0 0 " 6:46.6:00 . " 0 , . , 1 . a 0 . . " ! PMPEAKHOUR ~ ......,.. ~ 1 I ,a I 3 I 2 I . I 1 I . I 0 I 0 I ao j I P:~~~UR Peek Sea.on AdJu.tment Futor: 1.04 PM PEAK HOUR: PEAK SEASON T11lc:!aJe.OUver Allodale" 11Ie. J:\381l007-CO.07 S.mblet-MeMul!.n Rezane\Counll\CoUie, 0 Retu.SfMlP H.mmoclucl& f- 3 'III~\J"II' -('I IV"', [v. f'.!;!;(i(:I/':II:; lOU(l North 1I,1,ley Uliv., SlIik 100 1 AI,1P/.. f tOHI[)!l. :BLU2 (81:;) n~ n~L~ Agenda Item No, 170 Aprii 13, 2010 Page 429 of 483 .) "If 01._ ( ~ F-4 . Appendix G 2011 Background and Future V olume Development .-, ..~ Agenda Item No. 170 April 13, 2010 Page 430 of 483 Agenda Item No, 17D April 13, 2010 Page 431 of 483 .) iil ~~m~ Iii ~U~ ii 11 IiI !~!~ d ~lil a~~~ j . c 11 uu E ! !i!f ~~~5 H. "I , lit m~B~ ( I 1 . U! n~' Lh ~& pI! ~g~ dlft e ; ~~ iPs l i . ~ r G - 1 . -, ~ 2007 PM Pelk Hcur Raw Counte D.517 [ill]~ ....<<I..h.ke Hammock Rd 0.~S3 ~ 0."''''5 T 0,&66 ow JIm 0.~35 oYn 0,565 G.2 Agenda Item No. 17D April 13, 2010 Page 432 of 483 ~CD 0,21' =>OD 0,78S 2001 PM Pel\( Hour TurnIng Movement 't. C]p Rattt..nake Hammock Rd ~ If l? ." 1< .. ! 8 db oM.~ G-3 Agenda Item No, 170 April 13, 2010 Page 433 of 483 . ) ~ pl1000n =::>c:J ( ,. Agenda Item No. 17D April 13, 2010 Page 434 of 483 -. 2011 Without ProJut 0.~17 0.183 CiliD If n .. ~ " i 0 U 0.605 [ill]<:= <:=[I] 0.129 Rlnlflnak, Hlmmoek Rd 0.~a5 [illJ=;> ~c::EJ 0.171 .~ ~ 13Yn 0.409 0,181 ~ G-4 Tolllilll:IInIIISa.Tri,. ~ RltlI..J1luM_",aCkM OQ::::> IF IF db & Agenda Item No. 17D April 13, 2010 Page 435 of 483 .) PrllljlclSltl =OID ,. Out 211 ~ qOID ( ,. G - 5 Agenda Item No. 170 April 13, 2010 Page 436 of 483 '. 2011 With Project 0.~1~ D.'88 T ! 11)-"' ~ D,621 DillY=! ~[ill] 0.661 Rattl..nlke Hammock Rd 0.-479 ~ =:>D!D D.339 Jlm ~ 0..14 D.I" G-6 Appendix H 2011 LOS Analysis Worksheets Agenda Item No, 17D April 13, 2010 Page 437 of 483 .) . . Agenda Item No, 17D April 13, 2010 Page 438 of 483 . HeM Signalized Intersection Capacity Analysis McMullen Property Rezone 3: Rattlesnake Hammock Road & Collier Blvd 2011 PM Without Project (Exlstin9 Lanes) -" - t ., - "- "\ t ~ \. ~ .J l\lHtrll.1l1 .....;.. .liflJ.~ 8~":;Il""WlL.,. ~',~-lII~"Jjf.f"JiB~ ".i~ nil ee, Lane Confi9uratlons tt Ideel Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost time (5) 4.0 4.0 4.0 4.0 4.0 4,0 4.0 4.0 4.0 4.0 Lane Utl'- Factor 1,00 1.00 1.00 1.00 1.00 0.95 1,00 1,00 0.95 1,00 Frt 1,00 0,85 1,00 0.85 1,00 1,00 0,85 1,00 1,00 0,85 Fit Protectad 0.95 1.00 1,00 1,00 0.95 1.00 1,00 0,95 1.00 1,00 Satd, Flow (prot) 1775 1583 1863 1583 1770 3539 1583 1770 3539 1583 Fit Penmllted 0,73 1,00 1.00 1.00 0.05 1.00 1,00 0.08 1.00 1,00 Satd. Flow (perm) 1354 1583 1863 1583 99 3539 1583 104 3539 1583 Voluma (vph) 515 4 240 0 2 1 352 2730 6 11 1894 420 Peak-hour faclor, PHF 0,92 0,92 0.92 0,92 0.92 0,92 0.92 0.92 0.92 0,92 0,92 0.92 Adj. Flow (vph) 560 4 261 0 2 1 383 2967 7 12 2059 457 RTOR Reduction (vph) 0 0 108 0 0 1 0 0 1 0 0 113 Lane Group Flow (vph) 0 564 153 0 2 0 383 2967 6 12 2059 344 Turn Type Penm Panm Penm Perm pm+pt Penm pm+pt Penm Protected Phasa5 9 5 2 1 6 Permllled Phases 4 4 8 2 2 6 e Actuated Green, G (s) 42.0 42.0 42,0 42.0 92,4 86,8 86.8 73.0 71.4 71,4 Effective Green, 9 (5) 42,0 42.0 42,0 42,0 92.4 86,8 86.8 73,0 71.4 71.4 - Actuated glC Ratio 0,29 0_29 0.29 0,29 0.65 0.61 0,61 0.51 0.50 0.50 Clearance Tima (s) 4.0 4.0 4_0 4,0 4.0 4,0 4,0 4.0 4.0 4,0 Vehicle Extension (5) 3.0 3,0 3.0 3.0 3,0 3.0 3.0 3,0 3.0 3.0 Lane Grp Cap (vph) 399 467 549 467 264 2157 965 72 1774 794 vis Ratio Prot 0,00 cO.17 0,84 0,00 0.5B vis Ratio Perm cO.42 0,16 0.00 cO.77 0,00 0,08 0,29 vlc Retia 1,41 0,33 0,00 0.00 1.45 1,39 0,01 0,17 1,18 0.43 Uniform Delay, d1 50,2 39,2 35.4 35,4 64_9 27.8 10.9 70,1 35.5 22.6 Pro9resslon FaClor 1.00 1,00 1.00 1.00 1.00 1.00 1.00 1,00 1_00 1.00 Incremental Delay. d2 200.4 0.4 0.0 0,0 222,8 172,0 0.0 1.1 79.0 1.7 Delay (s) 250,6 39.6 35.4 35.4 287.7 199,8 10.9 71.2 114.5 24.3 Level of Service F 0 0 0 F F B E F C Approach Deiay (s) 183.9 35,4 209.4 98,0 Approach LOS F 0 F F Inlers.ecllQn SUlIlmary HCM Average Control Delay 164,2 HCM Level of Service F HCM Volume to Capacity ratio 1.42 Actualed Cycle Len9th (s) 142.4 Sum of losllime (s) 8,0 Inlersecllon Capacity Utillzellon 124,2% ICU Lavel of Servlca H Analysis Period (mln) 15 c Criticel Lane Group . 2/21/2007 Tlndale-Oliver & Associates, Inc, Synchro 6 Report H - 1 Agenda Item No. 170 April 13, 2010 Page 439 of 483 ) . .J- '- t McMullen Property Rezone 2011 PM With Project (Existing Lanes) ~ '-. ~ ~ HCM Signalized Intersection Capacity Analysis 3: Ralllesnake Hammock Road & Collier Blvd - ~ ") (' - ~:=~~:ti~~;"~.:q~~~~w'Jl'~~~~rN,-.;~l;L;'-ri..'" Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost tlma (s) 4,0 4,0 4,0 4,0 4,0 4,0 4,0 4,0 4,0 4,0 Lana UtII_ Factor 1.00 1000 1.00 1_00 1,00 0.95 1.00 1,00 0,95 1.00 Frt 1,00 0,85 1,00 0,85 1.00 1,00 0,85 1,00 1.00 0,85 Fit Prolected 0.96 1.00 0.96 1.00 0,95 1.00 1.00 0,95 1.00 1.00 Satd. Flow (prot) 1762 1563 1827 1583 1770 3539 1583 1770 3539 1583 FltPenmllted 0.51 1.00 0,10 1.00 0.05 1,00 1.00 0.06 1.00 1.00 Satd. Flow (parm) 954 1583 183 1583 102 3539 1583 108 3539 1583 Volume (vph) 515 51 240 66 105 124 352 2730 35 66 1894 420 Peak-hour feclor, PHF 0,92 0,92 0,92 0,92 0,92 0.92 0.92 0,92 0,92 0,92 0,92 0.92 Adj. Flow (vph) 560 55 251 72 114 135 383 2967 38 72 2059 457 RTOR Reduction (vph) 0 0 96 0 0 38 0 0 7 0 0 115 lana Group Flow (vph) 0 615 163 0 186 97 383 2967 31 72 2059 342 Turn Type Perm Perm Perm Perm pm+pt Perm pm+pt Perm Protected Pheses 8 5 2 1 5 Permitted Pheses 4 8 2 2 6 6 Actualed Green, G (s) 42.0 42.0 42,0 42,0 90,0 62.0 82.0 73.0 69.0 69.0 Effective Graen, 9 (s) 42.0 42,0 42.0 42.0 90,0 82,0 82.0 73,0 69,0 69.0 Actueted glC Retlo 0.30 0.30 0.30 0.30 0_64 0,59 0.59 0.52 0.49 0.49 & Clearance Timo (s) 4,0 4,0 4.0 4,0 4.0 4,0 4,0 4.0 4,0 4.0 Vehicle Extension (s) 3.0 3,0 3,0 3.0 3,0 3,0 3,0 3.0 3.0 3,0 Lane Grp Cap (vph) 286 475 55 475 268 2073 927 104 1744 780 Vis Retio Prol cO,17 cO,84 0.02 0,58 vis Ratio Perm 0.64 0,16 c1.02 0,09 0,74 0.02 0.34 0.29 v/cRatio 2_15 0.34 3.38 0.20 1.43 1,43 0_03 0,69 1.18 0.44 Uniform Dalay, d1 49,0 38,2 49.0 36.5 63.7 29.0 12.3 68.9 35,5 23,0 Progression Faclor 1.00 1,00 1,00 1,00 1,00 1,00 1.00 1.00 1.00 1.00 Incremental Delay, d2 529,2 0.4 1116.4 0,2 213.3 196.9 0,1 18,1 87.5 1,8 Delay (s) 578,2 38,7 1165.4 35,8 277,0 225.9 12,3 86.9 123.0 24,8 lavel of Service F 0 F D F F B F F C Approach Delay (s) 417,4 690.8 229,3 104.7 Approach LOS F F F F Ihl1ll\l..CIIIClMilumm~ HCM Average Control Delay 228,0 "HeM level of Service F HCM Volume to Capacity ratio 2.04 Actuated Cycle length (s) 140,0 Sum of lost time (s) 8,0 tntersectlon Cap.clty Utilization 127.0% ICU level of Service H An.'ysis Period (mln) 15 c Critical lane Group . 2/21/2007 Tindale-Ollver & Associates, Inc, Synchro 6 Report H - 2 Agenda ilem No. 170 Aprii 13,2010 Page 440 of 4B3 . Lanes, Volumes, Timings McMullen Property Rezone 3; Rattlesnake Hammock Road & Collier Blvd 2011 Beckground (Future Lenes) ..J - ~ .f - "- ~ t ~ '-. + .I L.811licel'tU1) ~, IlBL eel' SeFt VYllIb" WiT we... 1!(.'~~i NIB< ~.il(; sa,. ~.f\ Lene Configurations 'I' t ~ 'I t , , 'I ttt , Ideel Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 300 0 0 190 300 270 240 240 Storage Lenes 1 0 1 1 2 1 1 1 Total Lost Time (s) 4,0 4.0 4.0 4.0 4.0 4.0 4.0 4,0 4,0 4,0 4,0 4.0 Leading Detector (ft) 60 60 50 50 50 60 50 60 50 60 50 50 T relllng Detector (fl) 0 0 0 0 0 0 0 0 0 0 0 0 Tumlng Speed (mph) 15 9 15 9 16 9 15 9 Lane Utll. Factor 0.97 1.00 1.00 1,00 1,00 1,00 0,97 0.91 1.00 1,00 0.91 1.00 Frt 0.850 0_850 0,850 0,850 Fit Protected 0,950 0.950 0,950 Setd. Flow (prot) 3433 1863 1583 1863 1863 1583 3433 5085 1583 1770 5085 1683 Fit PemnlUed 0.950 0.950 0.950 Sel.d. Flow (penm) 3433 1863 1583 1863 1863 1583 3433 5085 1583 1770 5085 1583 Ri9ht Turn on Red Yes Yes Yes Yes Seld. Flow (RTOR) 261 1 5 310 Headway Factor 1.00 1,00 1.00 1.00 1,00 1.00 1.00 1,00 1,00 1.00 1.00 1,00 Link Speed (mph) 36 36 55 55 Link Distance (Il) 10762 3472 5792 4873 - Travei Time (8) 209.6 67.6 71.8 60.4 Volume (vph) 515 4 240 0 2 1 352 2730 6 11 1894 420 Peak Hour Factor 0.92 0.92 0,92 0.92 0.92 0,92 0,92 0,92 0.92 0.92 0,92 0,92 Adj, Flow (vph) 560 4 261 0 2 1 383 2967 7 12 2059 457 Lane Group Flow (vph) 560 4 261 0 2 1 383 2967 7 12 2069 457 Turn Type Pro! Panm Prot Penm Prot Penm Prol Perm Protected Pheses 7 4 3 8 5 2 1 6 Permitted Pheses 4 B 2 6 Detector Phasea 7 4 4 3 8 8 5 2 2 1 6 6 Minimum Initial (5) 4.0 4.0 4.0 4,0 4,0 4,0 4,0 4.0 4,0 4.0 4,0 4,0 Minimum Spill (5) 10,0 10.0 10.0 10.0 10,0 10.0 8.5 50.5 50.5 8.5 45.5 45,5 Total Split (8) 32.0 32,0 32,0 10.0 10,0 10,0 28,5 99,5 99.5 8.5 79.5 79.5 Totel Spill. (%) 21,3% 21,3% 21,3% 6,7% 6.7% 6.7% 19,0% 68,3% 66.3% 5.7% 53,0% 53,0% Maximum Grean (s) 28.0 26.0 26.0 6.0 4,0 4.0 24,5 92.0 92,0 4,5 72,0 72.0 Yellow Time (8) 3.0 4.0 4,0 3.0 4,0 4.0 3.0 5.5 6,5 3,0 5,5 5.5 All-Red Time (5) 1,0 2,0 2,0 1,0 2,0 2,0 1.0 2,0 2,0 10 2.0 2.0 LeedlLag Leed Leg Lag Lead Lag Leg Lag Lag Lag Leed Lead Lead Lead-Lag Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Vehicle Extension (8) 3,0 3,0 3,0 3,0 3,0 3.0 3,0 3.0 3,0 3,0 3,0 3.0 Recall Mode None None None None None None None Max Max None Max Max Welk Tlma (5) 7,0 7.0 7.0 7,0 Fiesh DonI. Walk (5) 36,0 36,0 31.0 31,0 Pedestrian Celie (#/hr) 24 24 24 24 Act Eifel Grean (5) 25.6 27.4 27.4 6,0 6.0 20.5 97.1 97,1 4,5 75,9 75.9 Actuated glC Ratio 0.19 0,20 0.20 0.04 0.04 0_15 0.72 0.72 0.03 0.56 0,56 vie Ratio 0.66 0,01 0.49 0.03 0.01 0.74 0.82 0,01 0.21 0,72 0.45 Control Delay 68.2 43,2 8.4 70.0 52.0 65.0 17.4 5_8 77.6 25.4 7.4 Queue Delay 0,0 0,0 0.0 0,0 0,0 0,0 0,0 0.0 0.0 0.0 0,0 . Total Dalay 68.2 43.2 6.4 70.0 52.0 65.0 17.4 5.8 77_6 25.4 7.4 LOS E 0 A E 0 E B A E C A J:\389007-00,07 Sembler-McMullen Rezone\Synchr0\2011 Scenario\RTC 062707\201 Lbg_wJl!ilJmot.BIri2lilapllli 9/6/2008 Tindale-Ollver & Associates, Inc. H. 3 Lanes, Volumes, Timings 3: Rattlesnake Hammock Road & Collier Blvd .1 - . .f - "- I-tneSt/li,lD. . ,..( .&Jt"EElT.. liaR. WI\l'ilJt,WI'lF'WP . Approach Delay 49,2 64.0 Approach LOS 0 E Queue Length 50th (ft) 243 3 0 2 0 Queue Length 95th (ft) #371 13 72 12 7 Internal Link DI8t (It) 10682 3392 Turn Bay Len9th (It) 300 190 Baae Capaclly (vph) 698 404 547 78 67 Starvation Cap Reductn 0 0 0 0 0 Splllback Cep Reductn 0 0 0 0 0 Storage Cap Reducln 0 0 0 0 0 Reduced vie Retlo 0.80 0.01 0.48 0,03 0.Q1 Agenda Item No, 170 April 13, 2010 Page 441 of 483 . ) McMullen Property Rezone 2011 Background (Future Lanes) ~ t I" ',. l .; N811 Allem' M~ij; en .88T eaR 22.8 22,4 C C 168 640 0 10 478 61 242 952 7 36 667 170 5712 4793 300 270 240 240 603 3638 1134 57 2840 1021 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.64 0.82 0.01 0,21 0,73 0.45 , >J.t',,'. ,:~. . , Intltiolllia-ma""", , Area Type: Other Cycle Length: 150 Actuated Cycle Length; 135.8 Natural Cycle: 100 Control Type: Actuated-Uncoordlneted Maximum v/c Rallo: 0,86 Intersection Signal Deley: 25.9 Intersection Capacity Utilization 87.4% Analysis Period (mln)18 # 95th percanllle volume exceeds cepaclty, Queue may be longer, Queua shown Is maximum after two cycles. .. Intersection LOS: C leu Level of Service E & Splits and Phases: ~t. ;l, .6 3: Rattlesnake Hammock Roed & Collier Blvd I~. '~" ~ J:1389007-00,07 Sembler.McMullen RezonelSynchro\2011 ScenariolRTC 082707\2011_bg_wJliIJmob~li\el'J)l1 918/2008 .. Tlndale-Oliver & Associates, inc. H - 4 Agenda Item No, 170 April 13, 2010 Page 442 of 483 . HCM Signalized Intersection Capacity Analysis McMullen Property Rezone 3: Rattlesnake Hammock Road & Collier Blvd 2011 Background (Future Lanes) .J - .. .f <I- " .... t ,... '. ! .I till/vallllnt ~ ea.l.. aB..T; Ii? Wil~, 'HU; Will" ~~."~ NBIl "~"m 91'1 Lane Configurations ~~ t t " " " Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Tolal Lost time (s) 4,0 4,0 4,0 4,0 4,0 4,0 4,0 4,0 4,0 4.0 4.0 Lane Utll, Factor 0,97 1,00 1,00 1,00 1.00 0,97 0,91 1.00 1.00 0.91 1.00 Frt 1.00 1,00 0.85 1,00 0,85 1.00 1,00 0.86 1.00 1,00 0,85 Fit Protected 0.95 1.00 1,00 1,00 1,00 0,96 1,00 1,00 0.96 1,00 1,00 SaId. Flow (prot) 3433 1863 1583 lB63 1583 3433 5086 1583 1770 508S 1683 Fit Permitted 0.95 1,00 1,00 1,00 1.00 0,96 1,00 1_00 0,96 1,00 1,00 Satd, Flow (perm) 3433 1863 1683 1863 1583 3433 6086 1683 1770 5086 1583 Volume (vph) 616 4 240 0 2 1 352 2730 6 11 1894 420 Peak-hour factor, PHF 0.92 0,92 0,92 0,92 0,92 0,92 0,92 0,92 0.92 0,92 0,92 0,92 Ad], Flow (vph) 660 4 261 0 2 1 383 2967 7 12 2069 457 RTOR Reduction (vph) 0 0 202 0 0 1 0 0 2 0 0 146 Lane Group Flow (vph) 560 4 59 0 2 0 383 2967 5 12 2059 311 Tum Type Pro! Perm Prot Perm Prot Perm Prot Perm Protected Phases 7 4 3 8 5 2 1 8 Permitted Phases 4 B 2 6 Actuated Green, G (s) 25,6 30.3 30,3 0.7 0.7 23.0 93,6 93,6 1.7 72,3 72,3 Effective Green, 9 (s) 25,6 32,3 32.3 2,7 2,7 23.0 97,1 97,1 1,7 75,8 75.8 /e Actuated glC Retio 0,18 0,23 0,23 0,02 0.02 0.16 0.68 0.6B 0,01 0,53 0,53 Clearance Time (s) 4,0 6,0 6,0 6,0 6.0 4.0 7,5 7.5 4,0 7,5 7,S Vehicle El<tension (s) 3.0 3.0 3.0 3.0 3,0 3,0 3,0 3,0 3,0 3.0 3.0 Lana Grp Cap (vph) 614 421 357 35 30 552 3450 1074 21 2694 839 vis Ratio Prot cO,16 0.00 0.00 0_11 cO.58 0.01 cO.40 vIs Ralio Perm cON 0.00 0.00 0.20 v/c Retlo 0.91 0,01 0.17 0,06 0,00 0.69 0.86 0_01 0,57 0.76 0,37 Uniform Delay. d1 57,6 43,0 44,6 68,9 68,9 56.7 17,8 7.4 70,3 26,6 19,7 Pr09resoion Factor 1,00 1,00 1,00 1.00 1.00 1.00 1.00 1,00 1,00 1,00 1.00 Incremental Delay, d2 17,9 0,0 0,2 0.7 0,0 3,8 3.1 0,0 32,5 2,1 1,3 Delay (s) 75,6 43.0 44,8 69.6 88,9 60_5 20.8 7,4 102.8 28,7 21,0 Level of Service E D D E E E C A F C C Approach Delay (s) 65,7 69.4 25,3 27.7 Approach LOS E E C C In\'!lIeoUgn swnmeTY HCM Average Control Delay 31,2 HCM Level of Service C HCM Volume to Capacity ratio 0.84 Acluated Cyeie Length (s) 143,1 Sum of losl time (s) 12.0 Inlersectlon Capacity Utllizelion 87.4% ICU Level of Service E Analysis Period (min) 15 c Critical Lana Group . J:1389007-00,07 Sembler-McMullen RezonelSynchro\2011 ScenariolRTC 082707\2011_bg_w_IBlJmo~BIl1ilfil8~ 9/812008 Tindale-Oliver & Assoclales, Inc. H - 5 Agenda item No, 170 April 13, 2010 Page 443 of 483 . ) Lanes, Volumes, Timings McMullen Property Rezone 3: Rattlesnake Hammock Road & Collier Blvd 2011 With Project (Future Lanes) ,1 - " f - ..... ~ t ". \. ~ ~ LailfeM1lil\!';\i;l'.!(J."., ..;r~~ iDf",~,;;,"""WI~~,~,1t'N~ SJj\; nl,n, Lane Configurations "\ Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Storage Length (ft) 500 0 0 190 450 300 450 240 Storege Lanes 1 0 1 1 2 1 1 1 Total Lost Time (s) 4.0 4,0 4,0 4,0 4.0 4.0 4.0 4,0 4.0 4.0 4.0 4.0 Leading Detector (II) 50 60 50 50 50 50 50 50 50 50 50 50 Trailing Deteclor (It) 0 0 0 0 0 0 0 0 0 0 0 0 Turning Speed (mph) 15 9 15 9 15 9 15 9 Lene Utll, Factor 0.97 1,00 1,00 1,00 1,00 1,00 0.97 0,91 1.00 1,00 0,91 1.00 Frt 0,850 0,850 0.850 0,850 Fit Protected 0.950 0,950 0,950 0,950 Setd. Flow (prot) 3433 1863 1583 1770 1863 1583 3433 5085 1583 1770 5085 1583 Fit Permitted 0,950 0,950 0.950 0.950 Sald_ Flow (perm) 3433 1863 1583 1770 1863 1583 3433 5085 1583 1770 5085 1583 Righi Turn on Red Yes Yes Yes Yes Setd. Flow (RTOR) 261 75 26 300 Headway F eclor 1.00 1.00 1,00 1.00 1.00 1.00 1,00 1.00 1,00 1.00 1.00 1,00 Link Speed (mph) 35 35 55 65 Link Distence (It) 10762 3472 5792 4873 Travel Time (s) 209.6 67.6 71.8 60.4 Volume (vph) 515 51 240 86 105 124 352 2730 35 66 1894 420 & Peak Hour Faelor 0.92 0,92 0.92 0.92 0,92 0,92 0,92 0,92 0.92 0,92 0,92 0,92 Adj, Flow (vph) 560 55 261 72 114 135 383 2967 36 72 2059 457 Lane Group Flow (vph) 560 55 261 72 114 135 383 2967 38 72 2059 457 Turn Type Prot Perm prot Perm Prot Perm Prot Perm Protected Phases 7 4 3 5 2 1 6 Permitted Phases 4 8 2 6 Detector Phases 7 4 4 3 8 8 5 2 2 1 6 6 Minimum In~ial (s) 4.0 4.0 4.0 4,0 4.0 4.0 4.0 4.0 4.0 4,0 4,0 4.0 Minimum Spl~ (s) 10,0 10.0 10,0 10,0 10.0 10.0 8.5 50,5 50.5 8.5 45.5 45.5 Total Split (s) 31.0 280 28.0 19.2 16.2 16,2 25.8 91,8 91.8 11,0 770 77.0 Total Split (%) 20,7% 18,7% 18,7% 12.8% 10_8% 10,8% 17,2% 61,2% 61.2% 7.3% 51,3% 51,3% Maximum Green (s) 27.0 22.0 220 15.2 10.2 10.2 21.8 84,3 84.3 7,0 69,5 69.5 Yellow Time (6) 3,0 4,0 4,0 3.0 4.0 4.0 3.0 5.5 5,5 3.0 5.5 5,5 All-Red Time (s) 1,0 2.0 2.0 1.0 2,0 2.0 1.0 2.0 2.0 1.0 2.0 2,0 LeadlLag Lead Lag Lag Lead Lag Lag Lag Lag Lag Lead Lead Lead Lead-Lag Optimize? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Vehtcle Extension (s) 3,0 3,0 3.0 3,0 3,0 3,0 3,0 3.0 3.0 3,0 3.0 3,0 Recall Mode None None None None None None None Max Max None Max Max Weik Tlma (5) 7.0 7.0 7.0 7,0 Flash Doni Walk (5) 36.0 36.0 31,0 31.0 Pedestrian Celie (#Ihr) 24 24 24 24 Act Elfct Green (s) 26,4 27.3 27.3 11.2 12.1 12.1 21.8 87.8 8?,B 7.0 73.0 73.0 Actuated glC Ratio 0.18 0.18 0.18 0,08 0.08 0,08 0,15 0.59 0.59 0.05 0,49 0.49 vie Ratio 0,92 0.16 0,52 0.55 0.75 0,69 0.76 0.99 0.04 0,87 0,83 0.49 Control Delay 82,0 54.2 9,9 81.2 98.2 48.8 72.3 45.0 6.4 135,1 38.5 10,0 Queue Delay 0.0 0.0 0.0 0.0 0.0 0,0 0.0 0,0 0.0 0,0 0.0 0,0 T oIel Delay 82,0 54,2 9,9 81.2 96.2 48,8 72.3 45.0 6.4 135,1 38.5 10.0 LOS F 0 A F F 0 E 0 A F D B . 9/13/2007 Synchro 6 Report Tindale-Ollver & Associates, Inc. H - 6 . Lanes, Volumes, Timings 3: RaUlesnake Hammock Road & collier Blvd .J' - .. .(' - 4.... WI! Glr6UD. -~""'- . liB.!. i1:1, . IiElR -,web .VD'l'_WJil~ Approach Oalay 58.8 12,9 Approach LOS E E Queue Length 60th (It) 280 46 0 69 111 57 Queue Length 95th (It) #384 92 54 121 #211 #146 Internal Link Dlst (It) 10682 3392 Turn Bay Length (It) 500 190 Base Cepaclty (vph) 818 341 503 176 153 198 Starvation Cap Reductn 0 0 0 0 0 0 Splllback Cap Reductn 0 0 0 0 0 0 storage Cap Reductn 0 0 0 0 0 0 Reduced v/c Ratio 0.91 0,16 0.52 0.41 0,75 0.68 - . Ill!!ruP\lon Swnl1laJ'Y Aree Type: Other Cycle Len9th: 150 Aclualed Cycle Length: 149.3 Natural cycle: 130 Control Type: Actuated-Uncoordinated Maximum vie Ratio: 0.99 Intersection Signal Delay: 45.4 Intersection LOS: 0 Intersection Capacity Utilization 87.8% ICU Level 01 Service E Analysis Period (mln)15 # 95th percenlile volume exceeds capacity, queue may be longer, Queue shown Is maximum after two cycles, Splits and Phases' 3' Ralliesnake Hammock Road & Collier Blvd Agenda item No, 170 April 13, 2010 Page 444 01483 McMullen Property Rezone 2011 With Project (Future Lenes) ~ t r '-.. ~ ~ Nillf- NM':', NtH SEll.: sS1; 81m 47,7 34.6 0 C 186 1019 5 71 625 91 247 #1171 21 #112 691 185 5712 4793 450 300 450 240 501 2991 942 83 2487 927 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.76 0.99 0_04 0.87 0.83 0.49 '.~", ~ ' ,;,~~~;':' [';'" .,1 t .2 .(' .3 \_.4 - + \~ .5 .J' .7 \.... .S .s 9/13/2007 Tlndale-Oliver & Associates, Inc. synchro 6 Report H. 7 Agenda Item No. 17D April 13, 2010 Page 445 of 483 . ) HCM Signalized Intersection Capacity Analysis McMullen Property Rezone 3: Rattlesnake Hammock Road & Collier Blvd 2011 With Project (Future lanes) ..J - ~ .f - " " t t' ~ ~ .; Millement ~~~ SliT. !Em ~i-r~l~':mcN" efl~'/'ffl SBR lane Configurations + " " Ideal Flow (vphpO 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost lime (s) ~,O 4.0 4.0 ~,O 4,0 4,0 4.0 4.0 4,0 4,0 4,0 4.0 lane Utll. Factor 0.97 1.00 1,00 1,00 1.00 1,00 0.97 0,91 1,OG 1,00 0.91 1,00 Frt 1,00 1,00 0.85 1,00 1,00 G.85 1.00 1.oa 0.85 1.00 1,00 G,85 Fit Protected 0.95 1,OG 1.00 0,95 1.GO 1,00 0,95 1,00 1,00 0,95 1,00 1,00 Satd, Flow (prot) 3433 1863 1683 1770 1863 1583 3433 5085 1583 1770 5085 1583 Fit Penmlhed 0.95 1.00 1,00 0.95 1.00 1.00 0.95 1.00 1.00 0,95 1.00 1,00 Said, Flow (perm) 3433 1863 1583 1770 1863 1583 3433 5085 1583 1770 5085 1583 Volume (vph) 515 51 240 88 105 124 352 2730 35 68 1894 420 Peek-hour factor, PHF 0.92 0.92 0.92 0,92 0,92 0,92 0,92 0.92 0.92 0.92 0,92 0.92 Adj. Flow (Vph) 560 55 261 72 114 135 383 2967 38 72 2059 457 RTOR Reduction (vph) 0 0 213 0 0 69 0 0 11 0 0 153 lane Group Flow (vph) 560 55 46 72 114 66 383 2987 27 72 2059 3G4 Turn Type prot Perm Pro! Penm Prot Penm Prot Perm Protected Phases 7 4 3 8 5 1 6 Penm~ted Phases 4 8 2 6 Actuated Green, G (a) 26.4 25,3 25.3 11.2 1G.1 10,1 21,8 94,3 94.3 7.G 89.6 69.5 Effective Green, g (s) 26.4 27.3 27,3 11,2 12.1 12,1 21.8 87,8 87.8 7,0 73,0 73.0 Actuated glC Ratio 0.18 0.18 0,18 0.08 0.08 0.08 G_16 0,59 0.59 0.05 0,49 0.49 Clearance Time (9) 4.0 6.0 6.0 4.0 6.0 6.0 4.0 7,5 7,5 4,0 7,5 7.5 & Vehicle Extension (sj 3,0 3.0 3.0 3,0 3_0 3,0 3.0 3,0 3.0 3.0 3,0 3.0 lane Grp Cap (vph) 607 341 289 133 151 128 501 2990 931 83 2486 774 via Rallo Prot cO,16 0.03 0.04 cO,06 0.11 cO.58 0.04 cO.40 via ReUo Parm 003 0.04 0.02 0.19 vie Ratio 0.92 0.16 0.17 0,64 0,75 0.52 0,76 0,99 0,03 0.87 0.83 0.39 Uniform Delay, d1 60.~ 51.4 51.4 66.6 67,1 65.8 61.3 30.4 12,9 70.7 32,8 24.1 Progression Faclor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1,oa 1,00 1.00 1.00 Incremental Delay, d2 19.7 0,2 0,3 4.4 19.1 3,5 6.8 148 0.1 56,5 3.3 1.5 Delay (s) 80,1 51.8 51.7 71.0 86,2 69.3 66,1 45.2 12.9 127,2 38,1 25.6 level of Service F 0 0 E F E E 0 B F D C Approech Delay (s) 69.9 75.7 47.4 36,8 Approach lOS E E D 0 Inle"ac1ill1l summJIY HeM Average Control Delay 47.6 HCM levei of Service 0 HCM Volume to Capacity ratio 0.96 Actuated Cycle length (a) 149.3 Sum of lost time (s) 16.0 Intersection Capacity Utilization 87,8% ICU level of Service E Analysis Period (min) 15 c Critical lane Group . 9/13/2007 Synchro 6 Report Tindale-Oliver & Associetes, Inc. ..."', H. 8 . Queuing and Blocking Report 2011 With Project (Future Lanes) Intersection: 3: Rattlesnake Hammock Road & Collier Blvd. Interval #1 Agenda Item No, 17D April 13. 2010 Page 446 of 4B3 PM Peak Hour 9/1312007 MWIlillol' " Directions Served Maximum Queue (II) Average Queue (II) 95th Queue (ft) Link Distance (II) Upstream Blk Time (%) Queuing Penalty (veh) Storage Bay Disl (fl) Storage Blk Time (%) Queuing Penalty (veh) !lB L 179 138 182 . liB. Ilia; T R 65 85 27 64 68 99 1 0686 10686 WJ:C.'"wac T R 111 126 59 80 115 146 3368 Iii L 175 143 195 10686 , Wi>, L 153 72 153 3368 500 Intersection: 3: Rattlesnake Hammock Road & Collier Blvd, Interval #1 MOveltlenl NB SEl SB $19." .,.. 1$1$,. Directions Served R L T T T R Maximum Queue (II) 15 113 413 493 523 266 Averege Queue (fl) 4 84 298 314 276 101 95th Queue (II) 14 120 433 474 454 222 Link Distance (ft) 4810 4810 4810 - Upstream Blk Time ('!o) Queuing Penelty (veh) Storage Bay Disl (ft) 300 450 240 Storage Bik Time (%) 5 0 Queuing Penally (veh) 21 0 190 ;'1111;,: L 164 129 191 450 ~1Il, L 484 200 402 ..,,,,'; Na..:,,,.JIIB T T T 1124 1066 872 736 685 582 1197 1079 861 5739 5739 5739 450 14 18 50 6 . McMullen Proparty Rezone wtb Tindale-Oliver & Associates, tnc, SimTraffic Report Page 1 H" 9 Agenda Item No, 170 April 13, 2010 Page 447 of 483 Queuing and Blocking Report 2011 With Project (Future Lanes) Intersection: 3: Rattlesnake Hammock Road & Collier Blvd, Interval #2 PM Peak Hour 9/1312007 .) MOllmlnt'"" ,'.:....,."", .!\I8.' i8 '. :I.(:;;k_':~: Wl:i w.J V\IIt ' /NIli" NIa Nil NI NI!l Directions Served L L T R L T R L L T T T Maximum Queue (ft) 374 388 83 221 127 388 218 175 485 855 758 738 Average Queue (1\) 261 275 36 85 76 268 161 135 265 681 680 579 95th Queue (ft) 381 388 71 163 124 417 264 182 494 878 800 806 Link Distance (1\) 10688 10686 10686 3368 3368 5739 5739 5739 Upstream Blk Time ('!o) Queuing Penally (veh) Storega Bey Diat (ft) 500 190 450 450 Storage Blk Time ('!o) 33 14 12 17 Quaulng Penalty (veh) 44 18 47 7 Intersection: 3: Rattlesnake Hammock Road & Collier Blvd, Interval #2 M6VftIjill, . , NEl,."I:',. ,U:;.iciOi L:11l'":;SE:;:"".i.,,,>,~..J.,,, Directions Served R l T T T R Maximum Queue (11) 19 114 605 466 526 268 Avarage Queue (It) 9 60 425 360 340 179 95th Queue (It) 22 107 515 433 422 330 link Distance (It) 4810 4810 4810 Upstre.m Blk Time ('!o) Queuing Penalty (veh) Storage Bey Dlst (ft) 300 450 240 Storage Blk Time ('!o) 4 8 0 Queuing Penalty (ueh) 3 37 1 & McMullen Property Rezone wtb Tind.le-Oliver & Assoclat.., Inc. SimTraffic Report Page 2 . H - 10 Agenda Item No. 17D April 13, 2010 Page 448 of 483 . Queuing and Blocking Report 2011 With Project (Future Lanes) Intersection: 3: Rattlesnake Hammock Road & Collier Blvd, All Intervals PM Peak Hour 9/13/2007 Mov.mllm Ee EB is EB WI we WB Nil "IS "18 NB "Ie Directions Served L L T R L T R L L T T T Maximum Queue (ft) 374 388 65 221 153 388 216 184 485 1124 1086 872 Average Queue (ft) 200 209 31 75 74 163 121 132 232 709 682 581 95th Queue (ft) 336 348 70 138 141 369 230 187 455 1066 974 835 Link Distence (ft) 10686 10686 10686 3368 3368 5739 5739 5739 Upstream Blk Time ('!o) Queuing Penalty (veh) Storege Bay Di.l (ft) 500 190 450 450 Storage Blk Time ('!o) 16 7 13 18 Queuing Penalty (veh) 22 8 49 7 Intersection: 3: Rattlesnake Hammock Road & Collier Blvd, All Intervals Movement NB 58 Se SB S8 S.B. Directions Served R L T T T R Maximum Queue (ll) 19 114 605 493 526 266 Average Queue (ft) 6 72 361 337 309 140 95th Queue (ft) 19 119 517 467 455 291 Link Distance (ll) 4810 4810 4810 Upstream Blk Time ('!o) ~- Queuing Penalty (vah) Storage Bay Dist (ft) 300 450 240 Storage Blk Time ('!o) 7 0 Queuing Penally (veh) 29 0 Nework Summary Natwork wide Queuing Penalty, Interval #1: 77 Network wide Queuing Penalty, Interval #2: 155 Network wide Queuing Penalty, Alllntervais: 116 McMullen Property Rezone wtb lind.le-Oliver & Associates, inc. SimTr.ffic Report Pege 3 H - 11 McMullen MPUD Market Demand Study Collier County, Florida April 16, 2009 Revised September 14, 2009 Prepared for Sembler Family Partnership # 42, Ltd. 5858 Central Ave St. Petersburg, FL 33707 Attn: Tom Hareas, V.P. Prepared by Fishkind & Associates, Inc. 1415 Panther Lane Suites 346/347 Naples, Florida 34109 239-254-8585 Agenda item No. 170 April 13, 2010 Page 450 of 483 TABLE OF CONTENTS 1.0 BACKGROUND ............................................................................................................. 3 Intended Use of the Property"",......"....,.......,........,.............,..,...".........,.......................,........, ,...,....., 5 Intended User of this Report .....",.....,............",............"..........................................,..................,....." 5 1.2 TASK PLAN ,....',.....'".."""..""",'....',...."........,...."...."....,....,.... ,....................,.... ' ,.............., , ,.....,..... 6 Task 1 - Commercial Demand Study ................................................................................................. 6 Task 2 - Property Conclusions and Recommendations.................................................................... 6 2.0 SUPPL Y/DEMAND ANALySiS...................................................................................... 7 2,1 OFFICE SPACE ...,....""..""",....""...",....",......,'.....,....",...,........,....,....,....,'..........,.."",..."..",..",..... 7 Functional utility of the Project site ",......,......,............",...,.....,...,..,.................................,..."........".. 13 2,2 FEE SIMPLE HOUSING ..""",..".."....'"'..'"",..,.,....""....,...,......,..,,..................."....,..........",..,....,.... 16 2,3 SENIOR HOUSING FACiLITY",....""...""...."......."...."...." ,.."....,.., ,..", ..... ....., ,....".... ,..",....' .....'....", 16 3.0 CONCLUSIONS..................................._............................................_............................ 19 4.0 SITE ASSESSMENT.........................._.........................................................................20 4,1 SUBJECT SITE ATTRIBUTES .....,.,....",....",....."....",.....,..".....,.."....,..............."...."...."..,....."....".. 20 4,2 SITE ASSESSMENT", .....",.. ,..",......"" ,..,'....",'....."...."........ ,..", ....,.... ...................... ,...,......,...., ,..., 24 5.0 DEMOGRAPHIC PROFILE......................................................................................... 26 5,1 OVERVIEW OF COLLIER COUNTY ..................................................................................................., 26 5,2 HISTORICAL RESIDENTIAL TRENDS ",...."'..".,.,..........""..,....,.."....,,...,.....................,.....,...."...."... 26 UNDERLYING ASSUMPTIONS AND LIMITING CONDITIONS........................................... 29 CONDITIONS OF THE REPORT............................................................................................. 29 RESTRICTION UPON DISCLOSURE AND USE._................................................................. 32 COPYRIGHT, TRADEMARK AND LEGAL DISCLAIMER............._...................................... 33 TERMS AND CONDITIONS OF USE...................................................................................... 34 ,,""',., I.... a". a: @2009 Fishkind & Associates, Inc., All Rights Reserved. 2 Agenda item No. 170 Aprii 13, 2010 Page 451 of 483 Introduction o Sembler Family Partnership # 42, Ud, ("Client") currently owns a 19,32 acre parcel of land currently known as McMullen Mixed-Use Planned Unit Development ("MPUD"), The Client has asked Fishkind & Associates, Inc. ("Consultant") to prepare a market demand study to analyze the demand for commercial office and residential uses on the site. The study has been completed using the requirements defined in the Collier County FLUE. o The site is located approximately 1,300 feet east of the northeast corner of Collier Boulevard and Rattlesnake Hammock in Collier County, Florida and seeking approval of one or more of the following development scenarios. The Exhibit below provides a breakdown of approved land uses. COMMERCIAL INTENSITY IS LIMITED TO 1B5,00D SF OF COMMERCIAL LAND USES BY THE COLLIER COUNTY GROWTH MANAGEMENT PLAN (CCGMP), BUT IS ALSO SELF LIMITED TO A SPECIFIC TRAFFIC IMPACT, SO THE FOLLOWING SCENARIOS COULD OCCUR: 1, 4B DWELLING UNITS AND 122,000 SF OF MEDICAL OFFICE; 2. 29 DWELLING UNITS AND 124,600 SF OF MEDICAL OFFICE; 3, 48 DWELLING UNITS AND 185,000 SF OF GENERAL OFFICE, MEDICAL OFFICE HAS A HIGHER TRANSPORTATION IMPACT COMPARED TO GENERAL OFFICE, IN ANY CASE THE PROJECT WILL BE LIMITED IN RESIDENTIAL DENSITY AND COMMERCIAL INTENSITY NOT TO EXCEED 423 PM PEAK HOUR TRIPS. 1.0 BACKGROUND The Client currently owns the subject site and has engaged the Consultant to prepare a commercial demand study focusing on the general categories that encompass the list of uses below, A. Principal Uses: 1, Residential Multi-Family Dwellin9 Units integrated into a mixed use building containing residentiai dwelling units above commercial land uses; 2, Business Consulting Services, Not Elsewhere Classified (Group 8748);* 3, Drug Stores and Proprietary Stores (Group 5912);** 4, General Contractors-Industrial Buildings and Warehouses (Group 1541); 5, General Contractors-Nonresidential Buildings, Other than Industrial Buildings and Warehouses (Group 1542): """'"' .... ..... r.:: @2009 Fishkind & Associates, Inc., All Rights Reserved. Agenda item No. 17D April 13, 2010 Page 452 of 483 6, General Contractors-Residential Buildings, Other Than Single-Family (Group 1522); 7, General Contractors (Group 1521); 8, General Warehousing and Storage, for use by contractorlbuilder construction trades located within this MPUD only (Group 4225); 9, Personal Indoor Self-Storage Facilities;'*** 10, Hospital and Medical Service Plans (Group 6324);*' 11, Legal Services (Group 8111); * 12, Engineering Services (Group 8711)* 13, Architectural Services (Group 8712)* 14, Surveying Services (Group 8713) * 15, Management Consulting Services (Group 8742); 16, Management Services (Group 8741); 17, Medical Equipment Rental and Leasing (Group 7352);** 18, Medical and Dental Laboratories (Groups 8071 - 8099)*' 19, Mortgage Bankers and Loan Correspondents (Group 6162); 20, Nursing and Personal Care Facilities (Groups 8051 - 8059)** 21, Offices and Clinics of: Doctors of Medicine, Dentists, Doctors of Osteopathy, Chiropractors, Optometrists, Podiatrists, and Health Practitioners (Groups 8011 - 8049);*' 22, Physical Fitness Facilities (Group 7991); 23, Care Units (Group 8361, therapeutic care that may include, but not limited to Independent Living, Assisted Living and Continuing Care Retirement Communities); 24 Speciai Trade Contractors, Not Elsewhere Classified (Group 1799); 25, Title Abstract Offices (Group 6541); and 26, Title Insurance (Group 6361). 8, Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a) Water management lakes and facilities; '''''''NO .... ... ..t @ 2009 Fishkind & Associates, Inc" All Rights Reserved. 4 Agenda Item No, 17D April 13, 2010 Page 453 of 483 b) Parking facilities, including parking garages accessory to permitted uses; c) Caretaker's residence accessory to commercial development; 2. Lumber and Other Buiiding Materials Dealers (Group 5211); limited to 5,000 square feet'" 3, Paint, Glass, and Wallpaper Stores (Group 5231); limited to 5,000 square feet'" 4. Any other related business which is accessory to offices for various contractor/builder contractor construction trade specialist or, to warehouse space for various contractor/builder contractor construction trade occupants, as determined by the Planning Services Director, or designee, limited to 5,000 square feet .., 5. All accessory uses permitted in Tract B; 6, Accessory uses and structures customarily associated with residential principal uses and structures when a mixed use development is pursued, Limited to 92,500 building square feet. [The Future Land Use Element of the Growth Management Plan (GMP) allows offices for various contractorlbuilder construction trade speciaiists, inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys, but limits these offices of related professional disciplines to 92,500 total building square feet. Warehouse space for various contractorlbuilder construction trades occupants does not fall under that limitation,] These uses are permitted under the GMP as "support medical uses," Businesses, including but not limited to, iumber and other building materials dealers, paint, glass, and wallpaper stores, garden suppiy stores, are permitted but only as accessory uses to offices for various contractorlbuilder construction trade specialists or accessory to warehouse space for various contractorlbuilder construction trades occupants. .... Limited to a maximum of 92,500 buiiding square feet. Intended Use of the Property The Client has engaged the Consultant to prepare a commercial demand study for the property referenced as the McMUllen MPUD, The analysis will be used for county approval and internal planning purposes only, Intended User of this Report The intended user of this report is the Client to which the report is addressed, No other intended user is authorized except for COllier County ("County") during their approval process, ,....., ..... &;~. k: @2009 Fishkind & Associates, Inc., All Rights Reserved. Agenda Item No, 17D April 13, 2010 Page 454 of 483 1 ,2 TASK F'lJw Task 1- Commercial Demand Study In this task the Consultant will utilize various data sources including property appraiser data and population growth projections to estimate the demand for the general categories including but not limited to retail and office uses based on the proposed uses listed above, Task 2 - Property Conclusions and Recommendations Based on the needs analysis results conducted in Tasks 1 and site analysis data, the Consultant will identify a timeline for potential development. General Task 2 Project Tasks Location Analvsis The Project location will be examined in its broad regional context as well as in its local neighborhood. From a regional perspective the locational examination focuses on the growth trends in the region and whether the location is in the path of existing growth or whether additional marketing efforts may be needed to attract customers and users to the site. A locational map set will be generated to display the Project location in relation to towns, amenities, major roadways and other developments, The neighborhood examination focuses on the adjacent properties and the general neighborhood for the Project. Access Access analysis examines the ability of potential customers to reach the Project site. The focus is on the local and regional roadway networks as well as the distance and accessibility of the site to other major population centers, retail and office centers, amenities and the regional Hospital. Visibilitv Visibility relates to the site distances for the Project from the access roadways. Readily visible sites are more valuable than those obscured by obstacles or positioned/located below grade. THE DATA PROVIDED AND MARKET CONDITIONS FOR THIS REPORT ARE EVIDENCED AS OF THE EFFECTIVE DATE OF THIS STUDY, WHICH IS APRIL 16, 2009, THE DATE OF THE PROPERTY INSPECTION. FOI<<lND iii:l .: @ 2009 Fishkind & Associates, Inc., All Rights Reserved, 6 Agenda item No. 170 April 13, 2010 Page 455 of 483 2.0 Supply/Demand Analysis o As noted above, the site is proposed to accommodate one or more of the following combinations of residential, office and ALF uses, The Medical office space requires more parking than general office, therefore the conversion of residential and office space allows one of the three proposed uses, The study area selected is a 5 mile radius surrounding the project. This submarket was chosen as it best reflects the influence of growth that the Physicians Regional Hospital and the Toll Rattlesnake DRI will have on this area, o 48 DWELLING UNITS AND 122,000 SF OF MEDICAL OFFICE; o 29 DWELLING UNITS AND 124,600 SF OF MEDICAL OFFICE; o 48 DWELLING UNITS AND 185,000 SF OF GENERAL OFFICE, Source: Client, RWA, Inc, and McMullen MPUD Application Our demand estimate is based on a comparison of the per capita unit of comparison, ie, daytime employment for Office space, housing units as a relation to population growth and beds for ACLF uses as a relation to population growth. The methodology compares the per capita countywide average for each land use to the subject market area per capita average, in the case of the McMullen MPUD, a five-mile radius surrounding the site, The methodology compares the per capita market area indicator to the countywide market indicator and estimates the surplus or deficit for each use, If the indicator is lower in the subject market area when compared to the countywide area, we estimate there is a deficit for that use, If the subject market area indicator is higher than the countywide area we estimate that the market area has a surplus of supply for that land use, Factors to consider when reviewing the results include: the nature and speed of development in the market area, income levels, employment center locations, and the supply of vacant commercially approved land available. 2.1 Office Space Existing Supply The Consultant utilized parcel identification data from the Collier County Property Appraiser's Office to estimate the existing supply of office space within Collier County as a whole and within a five-mile radius surrounding the Project. This supply figure includes all building area, irregardless of its current occupancy ,....., kit.. .... ~t @2009 Fishkind & Associates, Inc., All Rights Reserved. Agenda Item No. 170 April 13, 2010 Page 456 of 483 status, The data are separated by non-professional office space, Class A office space, and medical/professional office space, Daytime employment is estimated from the I-site Census-based Demographic package and represents the employment within Collier County and the study area, The employment includes those persons coming in from surrounding counties for employment opportunities, The results are shown in Exhibit 2.1.1 below, Exhibit 2.1.1 county 5 MIle Radius Non Professional SOFT 802,460 112,532 Daytime Employment 161,992 19,367 SQFT Per Employee 4.95 5.81 Class A SOFT 3,838,504 178,820 Daytime Employment 161,992 19,367 SQFT per ElT1lloyee 23.70 9.23 MedicaVProfessional SOFT 258,876 16,283 Daytime Employment 161,992 19,367 SQFT per Employee 1.60 0.84 Total Office SOFT 4,899,840 307,635 Daytime Employment 161,992 19,367 SQFT per Employee 30 16 Source: Collier County Property Appraiser; Fishkind & Associates, Ine, I-Site Census-based Demographics Package Through our analysis, the Consultant has detennined that, on average, Collier County has 30 existing square feet of office space per employee when compared to the five mile radius surrounding the Project at 16 square feet of existing office space per employee, The data indicate the five-mile radius surrounding the Project has lower levels of per capita office development than the County as a whole. This is most pronounced for the Class A office space as the Collier Blvd corridor is just beginning its commercial growth stage, This is due to the emerging nature of the area, higher levels of vacant approved commercial land available for development (8.18 acres per 1,000 persons for the radius, 4.32 per for the county), and the lack of established employment centers in the region relative to the county. The supply of office space was calculated from the Collier County property appraiser's records from March 2009. We first categorized office space by determining the type using the DOR codes. The following DOR codes correspond to the office category above; ......, "i:: .: @ 2009 Fishkind & Associates, Inc" All Rights Reserved. 8 Agenda Item No. 170 April 13, 2010 Page 457 of 483 o Non Professional Office = DOR 17 o Class A Office = DOR 18,23 o Medical Office = 19 We then estimated the supply of office space for each category for the county as a whole and then for the 5 mile radius surrounding the site. Located below is the conclusion for office demand, Exhibit 2.1.2 . ..H'. 2008 2010 2015 2020 5-Mile Population 70,319 70.096 76.751 84.652 5-Mile Emoloyment 19.367 19,306 21.138 23.315 5-Mlle Pooulation over 65 20.800 20.734 22.703 25.040 Office Demand (sqft) 585.802 583.947 639.385 705,206 Office Suoolv (sqft) -307.635 -307,635 -307.635 -307,635 Surplus/Deficit (sqft) 278.167 276.312 331.750 397.571 Proposed Max Office 185,000 185,000 185,000 185,000 Surplus/Deficit (SOFT) with Proposed Project 93,167 91,312 146,750 212,571 Potential Supply There is a supply of existing land which is currently approved for the development of commercial uses. The State DOR code does not distinguish the use for vacant commercial land; therefore a wide variety of uses can be developed on these sites. The main uses which are developed on vacant commercial land are retail uses, office uses and hotel uses. In order to estimate what percentage of this vacant commercial land could be developed with the appropriate uses, we surveyed the approved Developments of Regional Impact (DRI's) within Collier County to determine what percentage of commercial lands were built with Retail, Office and Hotel uses, The graph below illustrates the percentage of land uses built in DRl's through 2006. Located below is the result of our findings. """"' i..':i:. ..... ILl @2009 Fishkind & Associates, Inc., AIr Rights Reserved. 9 Agenda Item No. 170 April 13, 2010 Page 458 of 483 Use " ... Commerical i Offi ce Hotel Total Built through 2006 J 2,556,739 i i 1,082,431: 680,939 i 4,3~!l,109j DRI uses built through 2006 . Commerical _ Office . Hotel As we can see from the chart, the commercially zoned land built in DRI's represents 59% retail, 25% office and 16% hotel uses. For our analysis of potential office space to be developed on the current vacant commercial sites, we will utilize the 25% allocation. Supply of Vacant Commercial Land In order to estimate the potential supply of land that can accommodate competing office space, we need to allocate a percentage of the total square footage of commercial space remaining within the PUD's in our trade area to office uses. The subject site consists of 19.32 acres of land located east of the northeast corner of Collier Blvd and Rattlesnake Hammock Road. As discussed in section 4,2 of this report, the project site is of 19 + acres and is positively influenced by the Physicians Regional Hospital which is adjacent and to the south of the site, I n order to provide an accurate representation of office uses that would be truly comparable; we have weighted the sites based on their distance and locational influence to the Hospital. The map below shows the location of the PUDs within the 1, 3 and 5 mile radius of the site. '",,,..,., .... ... "': @2009 Fishkind & Associates, Inc., All Rights Reserved. 10 Agenda Item No. 170 April 13, 2010 Page 459 of 483 [5 Mile Ra~~ 7,.--- 1/ The next step is to calculate the remaining amount of commercial square footage available located within PUDs in the trade area. Below we have identified the commercial square footage remaining within the PUDs in the trade area, and have delineated them based on their radius surrounding the site. This information was obtained from the PUD monitoring list which is maintained by the Collier County Zoning Department. F~!f\O ..~ii;i: ...1Iil Lt @2009 Fishkind & Associates, Inc., All Rights Reserved. 11 Radius and PUD Name 1 Mile EDISON VILLAGE Active NAPLES LAKES COUNTRY CLUB Active HAMMOCK PARK COMMERCE CENTER Active SIERRA MEADOWS (EX) ActIve COLlIER REGIONAL MEDICAL CENTER Active 3 Miles SHADOW WOOD WINDING CYPRESS FOREST GLENN OF NAPLES TWELVE LAKES SHO?PES A!ll~J~ BARBAItA_ FREEST~"!:~ _ WESTPORT ~QtII1~_~R_C~ ~~!'lT~R.____ LEL Y RESORT SMiles ZONE Active 2008 LOCH RIDGE Active 2007 LANDS END PRESERVE Active 2008 PARKWAY PROMENADE BuiltOut 2002 PARKWAY PLACE Sunset 2003 PARKWAY CENTER Sunset 2003 MICELI Sunset 2003 GALLMAN OLDS DEALERSHIP Active 1996 LAKE AVALON Built Out 1998 COLONADEsATsANTA BARBARA Active 2009 GREEN HERON Active 2005 LELysQUARE BuiltOut 1993 MYRTLE WOODS Active 2013 FALLING WATERS BEACH RESORT Built Out 2003 WENTWORTH ESTATES Active 2006 KINGS LAKE Built Out 1992 WHITELAKE INDUSTRIAL CORP. PARK Active 2001 VINCENTIAN Sunset 2006 EAST GATEWAY Sunset 2006 TAMIAMI CROSSING ActIve 2013 235,000 1-75/ALLlGATORALLEY Active 2009 265,00) GOLDEN GATE COMMERCE PARK Active 2010 270,()(X) COLLIER BLVD. MIXED USE COMM. CNTF Active 2010 270,CKXl ARTESA POINTE.. Active 2008 325,000 TOLLGATE Active 2007 .348,600 BERKSHIRE LAKES ActIve 2003 375,000 CITY GATE ActIve 1990 2,926,000 Grand Total 8,184,491 1,635,487 . 100,000 sqft are under construction and the remalng 45,000 sqft Is existing and vacant .. Developed with a 200,000+/- sqft Walmart 5tatus Active Active Active Active _ Active Active __ Active Active Agenda Item No, 170 April 13, 2010 Page 460 of 483 Est Buildout and/or Sunset Oat. 200S 2006 200S 2007 2008 EstSpac::e Approved _ Developed Remalnlna:Vacant Dr Commerical Commerical Commerh:ilUnder OffIce Retail 5QFT son 5QFT Construction Allocation Allocation 924,000 335,446' 588,554 '147,139 347,247 54,000 54,(0) 13,500 31,860 110,000 59,500 50,500 12,625 29,795 160,000 160,(XX) 4O,(XX) 94,400 260,000 260,000 65,000 153,400 340,000 275,946 64,054 16,014 37,792 1,627,500 466,237 1,161,263 155,000 290,316 685,145 10,000 10,000 ! 2,500 5,900 30,lXXJ 30,00) i 7,500 17,700 100,000 1oo,lXXJ ~.._ 25,000 59,000 112,500 112,500 : 28,125 66,375 150,000 ' 3,215 146,785 r---- - 36,696 86,603 _ ._____ 150,000~~:~~ -" -. ~T.==.!sq,oooI===~-~~~~_ }7,5OO_ n___ _ 88,500 ! m,ooo - 221,881 : 33,119 j 145,000 ' 8,280 ' 19,540 j .-;-.-- 820,000-----241,141 T'-S78,8591-10,ooo:--i44, 71S-'~341,527 ., 5,632,991 833,804 4,799,187 4,000 1,199,797 2,831,520 6,840 6,840 1,710 4,036 7,000 7,CXXJ 1,750 4,130 mOOO ~lX)() 4500 ~~ 12,000 12,000 1,000 tbd 200S 2008 20DS 2003 _ 2013 2004 2025 22,290 31,110 35,000 41,000 46,850 61,000 73,0IXl 85,000 91,136 96,165 22,290 42,731 31,110 1,000 7,778 18,355 35,000 8,750 20,650 41,000 10,250 24,190 4,119 1,000 1,030 2,430 61,(0) 15,250 35,990 3,761 940 2,219 85,000 21,250 50,150 1,000 96,165 24,041 56,737 235,(0) 58,750 138,650 256,374 64,094 151,261 270,000 67,500 159,300 270,000 67,500 159,300 125,000 31,250 73,750 332,030 83,008 195,898 3,788 947 2,235 2,926,000 731,500 1,726,340 6,S49,ODot 1,637,251 3,863,9U 69,239 91,136 8,626 200,000 16,570 371,212 The table above has the following Fields o PUD Name per the June 2009 PUD List o Status per the June 2009 PUD List o Estimated Buildout or Sunset Date per June 2009 PUD List o Approved Commercial SOFT per the June 2009 PUD List ,-.., ....". Iii.. "'II @ 2009 Fishkind & Associates, Inc.. All Rights Reserved. 12 Agenda Item No. 170 April 13, 2010 Page 461 of 483 o Developed Commercial SOFT per the June 2009 PUD List o Remaining Commercial SOFT as of June 2009 PUD List. This field is being calculated by subtracting the Developed Commercial SOFT from the Approved Commercial SOFT. o Estimated Space Vacant or Under Construction. This is estimated from site inspections and or other data sources (CoStar, Loopnet, etc.) o Office Allocation represents 25% of the total remaining commercial SOFT. The 25% came from the DRI allocation analysis in section 2.1 above. o Retail Allocation represents 59% of the total remaining commercial SOFT, The 59% came from the DRI allocation analysis in section 2.1 above. It should be noted that some of the commercial allocation within a PUD could be allocated to all Retail or Office depending on the main use of the PUD. Those PUD's which are primary residential in land use have a very small amount, if any square footage allocated to strictly office uses. These PUDs generally offer a retail component which would serve the residents of the community and reduce traffic on roadways, By contrast, commercial PUD's may have a larger concentration of commercial uses. City Gate and Westport Commerce Center are examples of Commercial PUD's. Projects which have a status of "Sunset" have been removed from the allocations as these projects must start the approval process over in order to be considered potential supply. Functional Utility of the Project site Functional Utility is defined as; The ability of a property or building to be useful and to perform the function for which it Is intended according to the current market tastes and standards; the efficiency of a building's use in terms of architectural style, design and layout, traffic patterns and the size and type of rooms 1. The McMullen MPUD site consists of 19 +1- acres of land and can accommodate a park style community offering several types of uses. Sites located within PUD's offer similar functional utility and are considered the most compatible to the McMullen site, Sites that are zoned for commercial uses NOT located in PUD's are typically less than 2 acres in total size and 1 The Oictionary of Real Estate Appraisal, Fourth Edition @ 2002, Appraisal Institute .."'.., i:ifi a.= @2009 Fishkind & Associates, Inc., All Rights Reserved. 13 Agenda Item No. 170 April 13, 2010 Page 462 of 483 therefore are not considered compatible as they cannot offer the same range of uses as a larger site. For this reason, these smaller sites are not included in the potential supply. Located below we have estimated the potential office allocation for each radius identified above. Radius COM TOT COM DEV Remaining. Office Allocation Around Site SQ SQ SQFT of 25% 1 924,000 335,446 588,554 147,139 3 1,627,500 466,237 1,161,263 290,316 5 5,632,991 833,804 4,799,187 1,199,797 Grand Total 8,184,491 1,635,487 6,549,004 1,637,251 The largest allocation of potential office space is anticipated to be between 3 and 5 miles from the site, and consists primarily of the commercial centers located near the 1-75 interchange, The single largest concentration is within City Gate, located north of 1-75 and west of the White Lake Industrial Park. This type of office space is anticipated to be a commerce park design and is that geared toward businesses who want to logistically cover a marketing area from Ft Lauderdale and Tampa. Based on the site's location and the influence of the Physicians Regional Hospital, it is our opinion the potential office development within a 1 mile radius is most consistent with the types of uses which would be built around the hospital and has been weighted at 100%. The office potential located the between 1 and 3 mile radius has been weighted at 50% influence, indicating that 50% of the total supply of office space is influenced by the hospital. The remaining potential office supply is located within the 3 to 5 mile radius. In our opinion this office space has limited influence by the hospital and is most influenced by the 1-75 interchange which has the largest concentration of approved, yet undeveloped commerciai lands. We have given this area a 1% weighing to account for a small portion of this area's potential office space. Located below is a summary of the distance weighting based on the sites location to the hospital. "'''''N> .... .... "': @ 2009 Fishkind & Associates, Inc., All Rights Reserved. 14 Agenda Item No. 170 April 13, 2010 Page 463 of 483 Radius COM TOT COM DEV Remaining Office Allocation Space Around Site 5Q 5Q 5QFT of 25% Weighting Allocation 1 924,000 335,446 588,554 147,139 100.0% 147,139 3 1,627,500 466,237 1,161,263 290,316 50.0"10 145,158 5 5,632,991 833,804 4,799,187 1,199,797 1.0% 11,998 Grand Total 8,184,491 1,635,487 6,549,004 1,637,251 304,294 The 304,294 square feet of potential office supply is considered in our conclusions, however it does not insinuate that this potential space will be developed prior to the subject. As noted in the list above on page 12, several projects have reached their sunset date, which means they must reapply for approval. Many of the currently active sites may also reach their sunset date which would eliminate their potential for office completion. Existing Vacant Commercial Building Space within the Market Area There are several existing commercial centers within the 5 mile radius of the site that have vacancies. All of the centers are primarily retail in nature and were developed in anticipation of continued growth in residential housing for this area of Collier County. As the growth slowed, the absorption rate of the occupancy for retail uses also slowed, leaving the excess space currently on the market. As the residential market begins to expand, the first space to be occupied is the existing space. The Westport Commerce Center PUD is located on the southwest corner of Davis Blvd and Collier Blvd and has the majority of vacant existing space. This commerce park surrounds an existing Super Walmart which is the main draw to the area, along with its easy and convenient access to 1-75, The Westport Commerce Center PUD is located at the edge of the 3 mile radius and is most influenced by the 1-75 interchange and future residential planned in the immediate area. The largest building within the Westport Commerce Center PUD is located at 8770 Davis Blvd and has started construction which appears to be halted. This building fronts Davis Blvd and is designed for retail uses only based on its size and building depth, This building consists of approximately 100,000sqft, The smaller buildings are complete and consist of approximately 140,000 sqft of office and retail space. Based on a conversation with the leasing agent of these buildings, approximately 80,000 square feet is allocated for office space. As of August 2009, approximately 45,000 square feet was vacant. """"' 1M... I;;L& 1;\;: @2009 Fishkind & Associates, Inc., All Rights Reserved. 15 Agenda Item No. 170 April 13, 2010 Page 464 of 483 2.2 Fee Simple Housing The Consultant utilized data from I-site Census Based Demographic package to show the relationship growth of population to that of housing units within our 5 mile study area surrounding the site. In the analysis below, we make the assumption that the existing housing stock is sufficient to satisfy the current demand, and that there is direct correlation between population and housing units. Using the Collier County BEBR medium population growth rates, we estimated the future population for the study area, which is the basis for the housing unit demand to 2020. Considering the subject project is seeking a maximum of 48 units, there is limited demand in 2010, however sufficient increasing demand for housing in 2020 and beyond. Exhibit 2.2.1 2008 2010 2015 2020 Population 70,319 70,096 76,751 84,652 Housing Units 34,569 34,530 37,808 41,701 Persons Per Housing Unk 2.03 2.03 2.03 2.03 Estimated Housing UnR Demand 0 (39) 3,239 7,132 Proposed Maximum Unks 0 48 48 48 Surplus/DerICk (Units) IMth Proposed Project 0 (87) 3,191 7,084 Source: I-Site Census-based Demographics Package 2.3 Senior Housing Facility The Consultant utilized data from the Florida Agency for Health Care Administration, which regulates and licenses health care facilities, and a phone survey to include independent living beds to estimate the total number within the county. For the estimate of the level of per capita senior housing facility development within the county and within a five-mile radius of the Project, we utilized I-Site, Census-based demographics package. Exhibit 2.3,1 below shows the number of facility beds, total population, and population over the age of 65 for Collier County and the five mile radius. Additionally, the exhibit shows the number of facility beds per 1,000 persons over the age of 65 for both boundaries. FI9ICIND .... Il.. "'t @ 2009 Fishkind & Associates, Inc., All Rights'Reserved. 16 Agenda Item No. 170 April 13, 2010 Page 465 of 483 Exhibit 2.3.1 COUNTY MARKET Total Beds 3.298 342 Total Population 65+ 82,447 20.800 Total Population 332.854 70,319 Beds per 1,000 Population 65+ 40,00 16.44 Source: FAHCA; I-Site Census-based Demographics Package Through our analysis, the Consultant has determined that, on average, there are 40.00 facility beds per 1,000 persons aged 65 or older in the county compared to 16.44 beds within the five mile radius. The data indicate the County as a whole has higher levels of per capita senior housing facility development than the five-mile radius. Note: A 400-bed CCRC is proposed north of the proposed McMullen MPUD and is not included in the calculations. The potential developments timing, funding and probability of completion of this proposed CCRC is not known at this time. It is important to note the distinction in levels of care and functionality for various types of senior housing facilities. The facilities can be generally categorized as: assisted living, independent living, congregate housing, continuing care retirement communities, and nursing homes. The Assisted Living Federation of America ("ALFA") defines each as follows: Assisted Living - is a residential setting that offers choices in personal care and health related services. Independent Living - is a residential living setting for elderly or senior adults that mayor may not provide hospitality or supportive services. Under this living arrangement, the senior adult leads an independent lifestyle that requires minimal or no extra assistance. Generally referred to as elderly housing in the govemment-subsidized environment, independent living also includes rental assisted or market rate apartments or cottages where residents usually have complete choice in whether to participate in a facility's services or programs. Congregate Housing - is similar to independent living except that it usually provides convenience or supportive services like meals, housekeeping, and transportation in addition to rental housing. Continuing Care Retirement Community - A continuing care retirement community (CCRC) is a community which offers several levels of assistance, """"' ..... .... .::: @ 2009 Fishkind & Associates, Inc., All Rights Reserved. 17 Agenda Item No. 170 April 13, 2010 Page 466 of 483 including independent living, assisted living and nursing home care. It is different from other housing and care facilities for seniors because it usually provides a written agreement or long-term contract between the resident (frequently lasting the term of the resident's lifetime) and the community which offers a continuum of housing, services and health care system, commonly all on one campus or site. Nursing Home - Provides 24-hour skilled care for the more acute patients. Patients generally rely on assistance for most or all daily living activities (such as bathing, dressing and toileting). ,......, .... ..... "': @2009 Fishkind & Associates, Inc., All Rights Reserved. 18 Agenda Item No. 170 April 13, 2010 Page 467 of 483 3.0 Conclusions Utilizing I-Site, Census-based demographics package and parcel data to analyze additional residential land capacity, the Consultant has forecasted that within a five-mile radius of the Project the population will reach approximately 84,652 persons by the year 2020. This amounts to an increase of 14,333 persons and 2,799 employees. Exhibit 3.0.1 below shows the implied need for each land use alternative associated with the market area growth forecast. Demand is calculated utilizing the county-wide per capita levels of development. Supply is the inventory of existing land uses in the market area. Exhibit 3.0.1 ..,', 2008 2010 v,, 2015 2020 Office Demand (sqft) 585,802 583.947 639,385 705.206 Office Supply (sqft) -307.635 -307.635 -307.635 -307.635 Surplus/Oefic" (sqft) 278,167 276,312 331.750 397.571 Proposed Offlce 185,000 185,000 185,000 185,000 Est Additional Demand 93,167 91,312 146,750 212,571 Housing Demand (Units) 34.569 34,530 37.808 41,701 Housing Supply (Units) -34.569 -34.569 -34.569 -34.569 Surplus/Deficit (Units) 0 -39 3.239 7.132 Proposed Max Units 0 48 48 48 Est Additional Demand 0 -87 3,191 7,084 ALF Demand (beds) 832 829 908 1.002 ALF Supply (beds) -342 -342 -342 -342 Surplus/Deficit (beds) 490 487 566 660 Proposed Units 300 300 300 300 Est Additional Demand 190 187 266 360 Source: Fishkind & Associates, Inc. By 2020, within the market area there is expected to be a deficit of 212,571 square feet of existing office space, 7,084 fee simple residential units, and 360 additional senior housing facility beds. The potential office space located in vacant, approved projects is not included in this summary chart above. Because of the current market conditions, there is vacant space available which could be occupied prior to the development of the McMullen MPUD, IF it were a viable alternative to the space proposed on the project site. It is the consultant's opinion that the relevant market conditions and financing terms must be achieved to build on any site. The fact there is an '",..,.., ..t."'. ..... loll @2009 Fishkind & Associates, inc.. All Rights Reserved. 19 Agenda Item No. 170 April 13, 2010 Page 468 of 483 estimated 304,294 square feet of potential office supply approved does not imply that this potential space will be developed prior to the subject simply because it was approved prior to the effective date of this report. As noted in the list above, several projects have reached their sunset date, which means they must re-apply for approval. Many of the active sites may also reach their sunset date prior to development which would eliminate their potential for office completion. The existence of vacant space is due in part to the current economic conditions, not the over-approval of land for development. The Westport Commerce Center was built assuming a continually expanding market, with excess building space developed, This is certainly not the norm during normal economic and financing conditions. The fact this area is an emerging part of Collier County, and is in the growth stage of its life cycle support the fact additional facilities will be needed in the future. The existing Physicians Regional Medical is the catalyst for the growth this region of the county is expected to experience over the next 12 years and beyond, The influence of the hospital on the project site enhances its development opportunities. The Toll Rattlesnake project will further enhance this areas desire, which helps to support the conclusions above and drive the need for the uses proposed within the McMullen MPUD. 4.0 SITE ASSESSMENT 4.1 Subject Site Attributes The proposed project is located in the Royal Fakapalm Submarket of Collier County, Florida. The following site attribute data is obtained from the Collier County Property Appraiser and Tax Collector's websites for the Project. Located below is a summary of the Project's legal and locational attributes, "g.,,",, ....". .... .: @2009 Fishkind & Associates, Inc., All Rights Reserved. 20 Exhibit 4.1.1 FLN 00417760001 CALC_ACRE 19.32 USE CODE 99 CLASS_CODE 0 MILL AREA 39 SEC 14 TWP 50 RNG 26 LAND_VAL A $ 1,198,700 TOTAL TAXE $ 1,283,113 NAME 1 5EM8LER FMLY PRTRN5HP #42 LTD NAME_2 5858 CENTRAL AVE CITY 5T PETERSBURG STATE FL ZIP CODE 33707 PLUS_4 1728 14 SO 26 51/2 OF SE1/4 OF SW1/4 LEGAL_LINE LESS W 80 FT SALE DATE 20060406 SALE_OR 1 4010 SALE_PG 1 2370 SALE_AMT 1 $ SALE DATE1 20060321 SALE OR 2 4002 SALE PG 2 1563 SALE_AMT 2 $ SALE DAT_l 20050921 SALE OR 3 3895 SALE PG_3 868 SALE_AMT 3 $ 107,700,000 SALE_DAT_2 20040909 SALE_OR 4 3639 SALE PG 4 2301 SALE_AMT _4 $ 4,600,000 Source: Collier County Property Appraiser and Tax Collector, March 2009 Agenda Item No. 170 April 13. 2010 Page 469 of 483 Located on the following page is a map showing the location of the proposed McMullen MPUD. """"' ~... .... liil @2009 Fishkind & Associates, Inc., All Rights Reserved. 21 RATT!.ESfI'\.I(E Hl\.MMOCK ~ ActivityCenter7 _ SubJecU3ite Agenda Item No. 170 April 13, 2010 Page 470 of 483 AW13ATORALLEY,I_1!l McMullen PUD ,....., .... ... &= @ 2009 Fishkind & Associates, Inc., All Rights Reserved. 22 Agenda Item No. 170 April 13, 2010 Page 471 of 483 Schedule of Proposed Uses COMMERCIAL INTENSITY IS L1MITEO TO 185,000 SF OF COMMERCIAL LANO USES BY THE COLLIER COUNTY GROWTH MANAGEMENT PLAN (CCGMP), BUT IS ALSO SELF L1MITEO TO A SPECIFIC TRAFFIC IMPACT, SO THE FOLLOWING SCENARIOS COULO OCCUR: 4. 48 OWELLlNG UNITS ANO 122,000 SF OF MEOICAL OFFICE; 5. 29 OWELLlNG UNITS ANO 124,600 SF OF MEOICAL OFFICE; 6. 48 OWELLlNG UNITS ANO 185,000 SF OF GENERAL OFFICE. MEOICAL OFFICE HAS A HIGHER TRANSPORTATION IMPACT COMPAREO TO GENERAL OFFICE. IN ANY CASE THE PROJECT WILL BE L1MITEO IN RESIOENTIAL OENSITY ANO COMMERCIAL INTENSITY NOT TO EXCEEO 423 PM PEAK HOUR TRIPS. """"' i...'ili'. .... Lt @2009 Fishkind & Associates, Inc., All Rights Reserved. 23 Agenda Item No, 170 April 13, 2010 Page 472 of 483 4.2 Site Assessment Location The Project is located at the northeast corner of Collier Boulevard and Rattlesnake Hammock Road in the South Naples Submarket of Collier County. Exhibit 4.2.1 below shows a map of the Project site. Exhibit 4,2.1 ~ ActNityCenter7 .. Subject~Site c::J 5Mile_Buffe f"""'" .... te-@2009 Fishkind & Associates. Inc., All Rights Reserved. 24 Agenda Item No. 170 April 13, 2010 Page 473 of 483 From a regional perspective, the Project is located in an emerging residential, commercial, senior housing and institutional corridor. Initial population growth occurred along the coastal regions of the county. Over time, as these regions have become increasingly crowded and expensive, growth has shifted eastward along major east/west arterial routes such as Rattlesnake Hammock Road in the guise of Planned Unit Developments and Developments of Regional Impact. Additionally, the recent completion of a 100-bed Regional Medical Center adjacent and to the south of the Project provides essential institutional infrastructure in the region and stimulus to ancillary medical support businesses and operators and users. The location of the project is positively influenced by its close proximity to a regional hospital, which significantly enhances its development potential. From a neighborhood perspective, properties adjacent to the Project include: North - Vacant land and First Assembly Ministry, which is approved for 400 ACLF units. East - immediately east is the Swamp Buggy Park, a recreational park, Beyond and surrounding the site to the east is the TOLL-Rattlesnake DRI, (proposed for approximately 1,889 dwelling units, approximately 650,000 square feet of commercial space); West - Existing Naples Lakes Country Club PUD (731 dwelling units and 110,000 sqft Publix Anchored neighborhood Shopping Center. South - a recently completed 100-bed Regional Medical Center, Access The Project has access from Rattlesnake Hammock Road which runs to the Swamp Buggy Park grounds from its western terminus at US 41. Collier Boulevard and Rattlesnake Hammock Road are sufficiently traveled and provide direct routes to the urban coastal areas of the county, Interstate-75, North Naples, the Regional Medical Center, and a number of large-scale Planned Unit Developments and Developments of Regional Impact. Visibility The site is located some 1,300 feet east of Collier Blvd and as such does not have direct visibility from a major roadway. It is adjacent and to the east of the Hammock Commerce Park which is owned by the Sembler Family Partnership # 42, LTD. the petitioner and owner of the site under study. F~ ...~~ ..1Ii ..t @2009 Fishkind & Associates. Inc., All Rights Reserved. 25 Agenda Item No. 170 April 13. 2010 Page 474 of 483 5.0 Demographic Profile 5,1 Overview of Collier County o Collier County has experienced tremendous population growth since 1990. The County's current population (2008) is approximately 332,854, up 33% from the 2000 population of 251,000 and up 120% from the 1990 population of 152,000. Similarly, Collier County has experienced significant growth in households, which have increased 132% from 62,000 in 1990 to an estimated 147,000 in 2008. The County has maintained a roughly 50/50 split of males to female since 1990. Collier County has also maintained a significant white population since 1990. White residents accounted for 91 % of the population in 1990 and still account for over 87% of the population currently. The second most represented race in Collier County are black residents at a current percentage of 4%, while other races have increased from 3% of the population in 1990 to 6% of the population in 2007. o Collier County also contains a high percentage of retirees. Almost 35% of the population in 2008 was over 55 years old. This percentage has changed very little since 1990. The number of retirees in the County has increased from 53,000 in 1990 to over 120,000 in 2008. With respect to household incomes, almost 40% of Collier County's households have a household income of between $35k and $75k and 50% of the households have a household income of between $35k and $100k. In 1990 only 9% of the households in Collier County had incomes of over $100k. By 2008 the number of households earning over $100k increased to 27%. The average household income in Collier County in 2008 was roughly $90k. This represents a 60% increase over the 1990 average household income which was just over $56k. The median household income for Collier County has also increased substantially from $34k in 1990 to $60k in 2008. 5.2 Historical Residential Trends o The Consultant conducted a detailed analysis of historical residential housing trends within Collier County. Exhibit 5,2.1 illustrates both single family homes and multifamily condominiums. The Consultant further broke down the analysis into existing and new homes. The data was obtained from the Data quick, a sales transaction company and represents actual home closings. """"' .iiA: lot @2009 Fishkind & Associates, inc., Ail Rights Reserved. 26 Agenda Item No. 170 April 13, 2010 Page 475 of 483 Exhibit 5.2.1 Historical Residential Resale Data for Collier County 2000 $400 1800 $350 1600 800 $300 1400 1200 $250 1000 $200 $150 600 $100 400 200 $50 $0 "'~I"'-O"""''''''O'''..,.r-- ......., 000.....000...000 00 oOOO................N""N 00000000000 00000000000 00 NNNNNNNNNNN 0......,. r-.. 0........ r-- ...000....000 """'''''''''''''''U''IU"I 00000000 00000000 NNNNNNNN ......,. r-- 0....., r-.. 0.... o::t r-- 0.... 000....000....000...0 "'<J:l\!l<.O....,....,....r-.COCOOOCOC'l 0000000000000 0000000000000 NNNNNNNNNNNNN _SumofSFResales ---.-AverageofRESALE MED SSQFT DETACHED _ Sum Condo Resales "",,*""AveralleofRESALE MED SSQFT AlTACHED The graph above (Exhibit 5.2.1) shows the historical resale volume of single family and condominiums (bars) coupled with the median pricing of each product (lines). The chart shows the monthly activity from January 2000 through February 2009. From Exhibit 5.2.1, we can see the volume of sales has stayed consistent from the beginning of 2007; however the median pricing for both products have steadily declined. In the most recent month we have seen a slight increase in median price per sqft. This is consistent with discussions from local realtors and from additional data reviewed from the local MLS system. """"' ..... .... lL:: @ 2009 Fishkind & Associates, Inc., All Rights Reserved. 27 Agenda Item No. 170 April 13, 2010 Page 476 of 483 Exhibit 5.2.2 Historical Residential New Sale Data for Collier County 2000 $1,200 1800 1600 $1,000 1400 $800 1200 1000 $0 $600 800 600 $400 400 x $200 200 .-l '<t ..... 0 ... '<T ...... 0 ... """ ...... 0 .... ..,. ..... 0 .... ..,. 000...000...000....000....00 OOOO.-l.-l.-l.-lNNNNmmmm'<t'<T ~~~~~~~~~~~~~~~~~~ 0....'<1".....0.....,.....0......,.......0...'<1".....0.... ....000....000....000...000......0 ~~~~~~~~~~~bS~~~~~ ~~~~~~~~~~~~~~~~~~ - Sum of SF New Sales - Sum of Condo New Sales -,6,-AverageofNEW MED $SQFTDETACHED ~AverageofNEW MED $SQFT A1TACHED The graph above (Exhibit 5.2.2) shows the historical new sales volume of single family and condominiums (bars) coupled with the median pricing of each product (lines). The chart shows the monthly activity from January 2000 through February 2009, From Exhibit 5.2.2, we can see the volume of sales has significantly slowed since the beginning of 2008. This is due to the lack of new product which has been built over the past 3 years, and the reduction of existing inventory levels developers have focused on during the past 2 years. Because of the limited activity, the median pricing trend shows significant "noise" however general median pricing is still showing a slight decline. "'''''''' .... It.. al @2009 Fishkind & Associates, Inc., All Rights Reserved. 28 Agenda Item No. 170 April 13, 2010 Page 477 of 483 UNDERLYING ASSUMPTIONS AND LIMITING CONDITIONS Conditions of the Report o The Client is responsible for representations about its development plans, marketing expectations and for disclosure of any significant information that might affect the ultimate realization of the projected results. o There will usually be differences between projected and actual results because events and circumstances frequently do not occur as expected, and the differences may be material. o The Consultant has no responsibility to update the report for events and circumstances occurring after the date of our report. o Payment of any and all of our fees and expenses is not in any way contingent upon any factor other than our providing services related to this report. """"' ...-.. aL_ L. @2009 Fishkind & Associates, Inc., All Rights Reserved. 29 Agenda Item No. 170 April 13. 2010 Page 478 of 483 In conducting this market analysis, the consultant has assumed, where applicable, that: 1. Title to the land is good and marketable. 2, The information supplied by others is correct, and the revenue stamps placed on the deeds used to indicate the sale prices are in correct relation to the actual dollar amounts of the individual transactions. 3. There are no hidden or undisclosed sub-soil conditions. No consideration has been given to oil or mineral rights, if outstanding. 4. All general codes, ordinances, regulations or statutes affecting the property have been and will be enforced and the property is not subject to flood plane or utility restrictions or moratoriums except as reported to your consultant and contained in this report. 5. The party for whom this report is prepared has reported to the consultant no original existing conditions or development plans that would subject this property to the regulations of the Securities and Exchange Commission or similar agencies on the state or local level. 6. No responsibility is assumed by the consultant for legal matters, nor is any opinion on title rendered herewith. 7. The consultant herein, by reason of this report, is not to be required to give testimony in court with reference to the property analyzed, unless arrangements have been previously made. 8. The consultant has made no survey of the property and assumes no responsibility In connection with such matters. Any sketch or identified survey of the property included in this report is only for the purpose of assisting the reader to visualize the property. 9. No environmental impact studies were either requested or made in conjunction with this study, and the consultant hereby reserves the right to alter, amend, revise, or rescind any of the opinions based upon any subsequent environmental impact studies, research or investigation. 10. Unless stated otherwise, no percolation tests have been performed on this property. In making the study, it has been assumed that the property is capable of passing such tests so as to be developable to its highest and best use, as discussed in this report. 11. Certain data used in compiling this report was furnished by the client, his counsel, employees, and/or agent, or from other sources believed reliable. Oata has been checked for accuracy as possible, but no liability or responsibility may be assumed for complete accuracy. 12. No responsibility is assumed for matters legal in nature, nor is any opinion rendered herein as to title, which is assumed to be good and merchantable. The property is assumed to be free and clear of all liens and encumbrances, unless specifically enumerated herein, and under responsible ownership and management as of the date of this study. 13. The forecasts or projections included in this report are used to assist in the process and are based on current market conditions, anticipated short-term supply and demand factors, and a stable economy. These forecasts are therefore subject to changes in future conditions. 14. The consultant has relied upon the demographic data provided by the Collier County Community Oevelopment Oepartment in order to project population trends, housing trends, gross sales trends, and economic trends for the subject area. The information relied upon is referenced within the applicable section of this report. The consultant does not warrant its accuracy. """,,., ii... =i-@ 2009 Fishkind & Associates, Inc., All Rights Reserved. 30 Agenda Item No. 170 April 13, 2010 Page 479 of 483 15. The consultant has obtained data regarding building permits for single family and multifamily products from the Collier County Planning Oepartment. It is the consultant's understanding that multifamily permits are those for condominiums and for rental apartment complexes. The rental apartment complexes which are known to the consultant have been omitted from this analysis. This, therefore, would reflect condominium unit development as reflected and would correlate with condominium sales based upon the Property Appraiser's office. 16. The consultant has obtained data regarding building sales for single family and multifamily products from the Collier County Property Appraiser. This data includes Oeveloper sales to end users and does not include on your lot sales or construction end loan sales. The consultant cannot warrant the accuracy of the data from this source. The consultant has segmented and amended the data based on market knowledge of the general market; however, no individual sales have been verified. The sales used from these sources reflect statistical trends, with larger samples of data providing a heavier weighting and smaller sample size results in less weighted percentage of the total market. 17. The consultant has obtained data from each of the projects outlined in this report. A physical inspection of each community was made, along with data for each community obtained from a representative of the owner. The data obtained for each project is assumed to be true and correct; however, the accuracy cannot be warranted or guaranteed, """"' ...~. ...... ... @2009 Fishkind & Associates, Inc., All Rights Reserved. 31 Agenda item No. 170 April 13, 2010 Page 480 of 483 RESTRICTION UPON DISCLOSURE AND USE The by-laws and Regulations of the Appraisal Institute govern disclosure of the contents of this report. Michael J. Timmerman, SRA is a Member of the Appraisal Institute. The by-laws and Regulations of the Institute require each Member and Candidate to control the use and distribution of each report signed by such Member. This market study report and the contents and data contained herein are confidential and are proprietary property of Fishkind & Associates, Inc. No reproductions of any sort or release of any proprietary information contained within may be released without prior written consent of Fishkind & Associates, Inc. Furthermore, neither all nor any part of this report shall be disseminated to the general public by use of advertising media, public relations media, news media, sales media, or other media for public communication without prior written consent of the signatories of this report. This report is for internal use of Sembler Family Partnership # 42, Ltd. exclusively. The undersigned agrees to the confidentiality agreement. This is copy number of ,......, .... .... Ll: @ 2009 Fishkind & Associates, Inc.. All Rights Reserved. 32 Agenda Item No. 170 April 13, 2010 Page 481 of 483 COPYRIGHT, TRADEMARK AND LEGAL DISCLAIMER Copyright This report published by Fishkind & Associates, Inc. hereby referred to as ""THE REPORT"", including, but not limited to, text, graphics, photographs, graphs, illustrations, data. images, are protected by copyright law. Copyright @ 2008 Fishkind & Associates, Inc. All rights reserved. All materials provided by Fishkind & Associates, Jnc. shall be used by the subscriber (the "User") only for the User's own authorized purposes, and may not be modified, published. reproduced in any manner, sold, distributed or in any way transferred to any person, corporation, organization, subsidiary or branch. in whole or in part, without the prior written consent of Fishkind & Associates, Inc. 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The materials and information provided in nTHE REPORr' by Fishkind & Associates, Inc. constitute raw data, factual materials and the opinions of Fishkind & Associates, Inc. Neither Fishkind & Associates, Inc. nor any of its affiliates, employees or agents will have any liability of any kind to the user, subscriber or any employee, agent, or contractor of the subscriber or to any other person using the information and materials herein or for any error or omissions herein or for any opinions or conclusions expressed. Other than as set forth expressly herein, Fishkind & Associates, Inc. makes no warranties, expressed or implied concerning the accuracy of the materials or information provided herein. """"' ..~t:1i: ..... "'t @2009 Fishkind & Associates, Inc.. Ail Rights Reserved. 33 Agenda Item No. 170 April 13. 2010 Page 482 of 483 TERMS AND CONDITIONS OF USE Your use of THE REPORT constitutes your agreement to be bound by these terms and conditions. THE REPORT is a service made available by Fishkind & Associates, Inc (the "COMPANY") and all content, information and definitions provided in and through the Housing Oemand Report ("Information") may be used solely by you (the "User") under the following terms and conditions ("Terms of Use"): 1.) Subscription, As an authorized user of THE REPORT, User is granted a nonexclusive, nontransferable, revocable, limited license to access and use THE REPORT and Information in accordance with these Terms of Use. Company may terminate this subscription at any time for any reason. 2.) Limitations on Use. The Information in THE REPORT is for authorized use only and not for commercial exploitation. User may not decompile, disassemble, rent, lease, loan, sell, sublicense, copy or create derivative works from THE REPORT or the Information. User may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, nonprofit or public purposes all or any portion of THE REPORT, except to the extent authorized by the Company. Any unauthorized use of THE REPORT or its Information is prohibited. 3.) No Solicitation. In no event may any person or entity solicit any Users with data retrieved from this THE REPORT. 4.) Intellectual Property Rights. Except as expressiy provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. User agrees that the Information and THE REPORT are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. For additional information see Copyright. 5.) Unlawful Activity. Company reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action deemed appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disciosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail address, usage history, posted materials, IP addresses and traffic information. 6.) Remedies for Violations. Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use including, but not limited to, the right to cancel THE REPORT. 7.) Modifications to Terms of Use. Company reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear in THE REPORT and are effective immediately. User is responsible for regularly reviewing the Terms of Use. Continued use of THE REPORT after any such changes constitutes User's consent to such changes. ,"",., .... fE"'@2009 Fishkind & Associates. Inc., All Rights Reserved. 34 Naples DaDy News. SUnday,March 28, 2010 · 25D NOTICE OF INTENT TO CONSIDER ORDINANCE Notice isherebygjyen that on Tuesday, April 13. 2010, in the Boardroom. 3rd Floor, ~W.in:~~n FI::~:,in8;e ~~~~d ;fc~~n:o~~~~~~~~:t:iIl_~~~~iC:~h~a:::~~ ment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of th~ proposed Ordinance is as follows: , AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUN- TY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COL- LIER - COUN1Y LAND DEVELOPMENT CODE WHICH INCLUDES THE, COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATEO AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING A1l.AS MIU' OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBeD REAL PROPER- TY FROM RURAL AGRICULTURAL (A) ZONING TO MIXED-USE PLANNED UNIT DE- VELOPMENT (MPUD) TO BE KNOWN AS MCMULLEN MPUO FOR" MIXED-USE DE- VELOPMENT WITH " MAXIMUM OF 1BS,ooo SQU"RE FEET OF COMMERCIAL. GEN- ERAllY LOCATED ONE.HALF MILE EAST OF COLUER BOULEVARD (CR 951) ON RAT. TLESN"KE-H"MMOCK ROAD EXTENSION, -IN SEcrJON 14, TOWNSHIP so SOUTH, RANGE 26 EAST, COLUER COUNTY,. FLORIDA, CONSISTING OF 19.32+1- "CRES; .ANO BY PROVIDING AN EFFEcrJVE MTE. :~~n~~~~~,2~~:~f' ~~t I~~~~~d- R~a~~ ~~~~!' Es~~1e r:;fr~~:1 a~ ~~~~-:. ~~u~~o~n:~~(~~ut)~o Rb:a~n~~~u~~ur:.~~U~~~~~u~ r~:49~~ ~es re~~~:n:g~~tit~~~a~,i~~edf~~~ 1~~~?~:do10,~,= ~~~~e~Q~~~7:i ~:i~~~(~ ~5~)5~~Jl~~~.~5a~~:~II~d~~~en~~n~ai~m~~~nO~h~~}li~~ the southeast one-quarter of the southwest one-quarter of Section 14. Township 50 South, Range 26 East, Collier County, Florida. Copies of the proposed Ordinance are on file with the derk. to the Board and are available fer inspection, All interested parties are invited to attend an~ beheard. NOTE: All {lersons wishing to speak.' on any agenda item mustregis:ter with the ~~i~U:ld~~r:~t~i1r~~rll~it:Je:~nJa~~~t: ~ea~yg~~~ i~~: s~'e~ona~~r:~si~~ dividual to speak. on behalf of an organization or group is encouraged. If recog- nized by the ~hairman, a spokesperson for a group or organization .may be allotted 10 mInutes to speak. on an item. . Persons wishing to have written. or gra'phic materials included In the Board agenda packets murt submit said matenal a minimum of 3 weeks prior to the respective g~~~~ ~~irlb~' su~"m~~d ,:~eih:r~~~~o;~~~ic~u~n~~~~f1 ~om~m~~si~r:~~ d~~ 'Prior to the public hearing. All material used in presentations before the Soard will become a permanent part of the record. Any person who decides to appeal a decision of the' Board will "need a record of the proceedings' pertaining thereto and therefore, m~ need to ensure that a verbatim d;::~:: u~nth':hrc~~:~~~aliSis ~:s~. which recor includes the testimony and evj. If you are a person with a disability who needs any accommodation in order to par- ticipate in this proceeding. you are entitled, at no cost to you, to the provision of ~~~n 1=:rlC:t PJ~~f f~~~~ t~~a~OIM::t,C~~7~i:qacW.iesN~f~~g~~i~~ DUlal't (239)252-8380. Assirted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COlllER.COUNTY, FlORIDA FRED COYLE, CH"IRMAN DWIGHT E. BROCK. CLERK By: Teresa Polaski, Deputy Clerk (SEAL) Ml'lrr.h 78 '010 No1844108 Agenda Item No. 170 April 13. 2010 Page 483 of 483