Agenda 04/27/2010 Item # 8A
Agenda Item No. 8A
April 27, 2010
Page 1 of 487
SUPPLEMENTAL EXECUTIVE SUMMARY
PUDZ-2007-AR-11320, Sembler Family Partnership #42, represented by Dwight Nadeau,
of RW A, 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 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 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, Collier County,
Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) review staff's findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPe) regarding the above referenced petition and render a decision regarding this rezone
petition; and ensure the project is in hannony with all the applicable codes and regulations in
order to ensure that the community's interests are maintained.
CONSIDERATIONS:
The BCC considered this petition at its regular meeting on April 13, 2010. The BCC had
concerns regarding institutional uses, detoxification uses, mental institutions, homeless facilities,
and insanity institutions. The BCC voted 5-0 to continue this petition to a later meeting date in
order to allow the petitioner time to address these concerns.
The attached PUD document includes revisions that address the BCC concerns regarding
institutional uses. Please see Exhibit A, Section C for a list of prohibited land uses.
LEGAL CONSIDERATIONS:
The Petitioner is proposing additional limitations on group housing and institutional uses which
will not change the legal consideration findings as provided in the original Executive Summary.
The proposed Ordinance was prepared by the County Attorney's office and is legally sufficient
for Board action.
A strike-through and underline version of Exhibit "A" to the Ordinance has been provided
to show the changes to the Ordinance subsequent to the April 13, 2010 hearing. STW
RECOMMENDATION:
Staff recommends that the BCC approve PUDZ-2007-AR-11320, subject to the conditions of
approval recommended by staff and the CCPC, which have been incorporated into the attached
Ordinance along with the BCC revisions.
PUDZ-2007-AR-1132, McMullen MPUD
April 20,2010
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Agenda Item No. 8A
April 27, 2010
Page 2 of 487
PREPARED BY:
Nancy Gundlach, AICP, Principal Planner
Department of Engineering, Environmental, Comprehensive Planning and Zoning Services
PUDZ-2007-AR-1132, McMullen MPUD
Apri/20. 2010
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. SA
April 27, 2010
Page 3 of 487
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8A
This item has been continued from the April 13, 2010 BCC meeting. This item requires that
all 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 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 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, Collier County, Florida. (CTS)
4/27/20109:00:00 AM
Prepared By
Nancy Gundlach
Community Development &
Environmental Services
Planner, Principal
Date
Approved By
Zoning & Land Development Review
3/18/20101:45:44 PM
Norm E. Feder, Alep
Transportation Division
Administrator - Transportation
Date
Transportation Administration
4/15/2010 12:44 PM
Approved By
Nick easalan9uida
Transportation Division
Director - Transportation Planning
Date
Transportation Planning
4/15/20103:17 PM
Approved By
Judy Pui9
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
Approved By
4/15/20103:41 PM
Jeff Klatzkow
County Attorney
Date
Approved By
4/16/20103:59 PM
Steven Williams
County Attorney
Assistant County Attorney
Date
County Attorney
4/19/201010:16 AM
Approved By
Heidi F. Ashton
County Attorney
Section Chief/Land Use-Transportation
Date
County Attorney
4/19/201010:17 AM
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Director - eDES Engineering Services
Date
Agenda Item No. 8A
April 27, 2010
Page 4 of 487
Approved By
Ray Bellows
Community Development &
Environmental Services
Engineering & Environmental Services
4/19/201010:42 AM
Approved By
OMB Coordinator
County Manager's Office
Manager - Planning
Date
Approved By
Leo E. Ochs, Jr.
County Managers Office
Zoning & Land Development Review
4/19/20103:18 PM
Date
Office of Management & Budget
4/19/20104:03 PM
County Manager
Date
County Managers Office
4/20/201010:55 AM
Agenda Item No. 8A
April 27, 2010
Page 5 of 487
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 (BCC) review staffs findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPe) 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, contractor/builder 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
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. These will be accessory to offices for various
contractor/builder construction trade specialists, or accessory to warehouse space for various
contractor/builder 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.
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PUDZ-2007-AR-11320
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Agenda Item No. 8A
April 27, 2010
Page 6 of 487
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 3.23:1: 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 15.22:1:
acres. Another .87:1: acres is an existing right-of-way area. Along the northern portion of the
property, 3.23:1: 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/pedestrianlbicycle 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.
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PUDZ-2007-AR-I1320
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Agenda Item No. 8A
April 27, 2010
Page 7 of 487
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 (CR95 1 )/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 Urban/Urban Commercial DistricUMixed Use Activity Center
Subdistrict [#7], and Urban/Urban 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). The 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
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 19:1: 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 "114 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
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PUDZ-2007-AR-11320
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Agenda Item No. 8A
April 27, 2010
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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-2002-1 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-l 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 (CCPe) 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 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
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PUDZ-2007-AR-11320
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Agenda Item No. SA
April 27, 2010
Page 9 of 487
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 under 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 area is the most positively impacted by the hospital's location. The
Study further indicates that existing and already approved properties
within the 1 to 3 mile radius of the hospital are also competitive sites, but
that they are discounted by 50 percent (see 3rd bullet point on page 14).
I. Table on page 12. This table indicates the following within 1 mile of the
hospital:
a. "Remaining approved commercial building square footage" (in PUDs)
within 1 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
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allocation. However, Ordinance No. 2007-30, which approved the
adjoining Hammock Park Commerce Center pun, 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
MPun.
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 + 1 2,625 + 160,000 + 65,000 +
16,014]. This total does not include any office space lying outside of
puns 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 1 mile radius of the hospital and which could
expect to attract hospital-related businesses.
b. Existing vacant/under construction building floor area within 1 mile of
the hospital. The table on page 12 indicates that there is no existing
vacant commercial or office building space within 1 mile of the hospital.
However, a quick check on December 18 indicated that there was
approximately 10,000 square feet of in-line vacant commercial/office
space advertised for lease in the shopping center portion of the Naples
Lakes Country Club pun located at the northwest corner of the Collier
Blvd. at Rattlesnake-Hammock 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, but 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 floor 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 pun
(anchored by Wal-Mart).
2. Page 19, Exhibit 3.0.1. This table suggests that the 2020 office floor area
deficit is 397,571 square feet. However, as discussed previously, the
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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 comer 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 1 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 1 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. Exhibit 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 of buffering for,
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
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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(s), 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 south
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.
l. 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 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 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.
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Exhibit B states, in part, that the maximum intensity of this MPUD will be as follows:
. Commercial Intensity: limited to a maximum of 185,000 square feet; and,
. Care Unit Intensity: 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 'l.4 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 pro;ect 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 1;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 comer 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 (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.
Page 9 of 13
PUDZ-2007-AR-11320
3-26-10
Agenda Item No. 8A
April 27, 2010
Page 14 of 487
Collier Boulevard (CR-951) Impacts: The fIrst concurrency link north of the project impacted is
Link 34, Collier Boulevard (CR 951) between Davis Boulevard (SR 84) and Ratt1esnake-
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 1,161 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 (EIS). The
project contains 15.0l:!: acres of South Florida Water Management District (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
Page 10 of 13
PUDZ-2007-AR-11320
3-26-10
Agenda Item No. 8A
April 27, 2010
Page 15 of 487
vegetation or 0.42 acres is required to meet Collier County preservation requirements. The
MPUD Master Plan shows that 0.84:l: 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 (BCe) with 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:
1. 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: Insert 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.1. 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. Laild 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 11 of 13
PUDZ-2007-AR-11320
3-26-10
Agenda Item No. 8A
April 27, 2010
Page 16 of 487
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 Strai2ht Rezones
1. 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 In 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 living 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?
11. Will the proposed change be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations?
Page 12 of 13
PUDZ-2007-AR-11320
3-26-10
Agenda Item No. 8A
April 27, 2010
Page 17 of 487
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-I1320, McMullen Mixed-use Planned Unit Development (MPUD) subject to staffs 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 13 of 13
PUDZ-2007-AR-11320
3-26-10
AGENDA ITEM 9-B
Agenda Item No. 8A
April 27, 2010
Page 18 of 487
Co~ County
~~ ....-
SUPPLEMENTAL 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 (BCe) 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 adversely 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 1 of5
PUDZ-2007-AR-11320
January 11,2010
Agenda Item No. 8A
April 27, 2010
Page 19 of 487
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 staffs 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-11320,
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 of 5
PUDZ-2007-AR-I1320
January 22,2010
Agenda Item No. 8A
April 27, 2010
Page 20 of 487
revised McMullen PUD, revised January 21, 2010, and the recommendations are subsequently
removed. (The reason for removal is bolded in parenthesis):
1. Amend Exhibit A McMullen MPUD "Permitted and Accessory Uses" to identify support
medical uses (within the 1f.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 1f.I mile distance that is eligible for support
medical uses. (Exhibit C has been amended to depict the area within the Yo. 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.
RECOMMENDA TION:
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-11320
January 22,2010
Agenda Item No. 8A
April 27, 2010
Page 21 of 487
PREP ARED BY:
y\
NANCY G
ENGINEE G,' RONMENT AL,
COMPREHENSIVE PLANNING AND ZONING SERVICES
\~0.IO
DATE
REVIEWED BY:
((
RA ND V. BELLOWS, ZONING MANAGER
ENGINEERING, ENVIRONMENTAL,
COMPREHENSNE PLANNING AND ZONING SERVICES
/- Z:z.- '0
DATE
1lf~~
. UAM D. L . NZ, r., P.E., DIRECTOR
ENGINEERING, ENVIRONMENTAL,
COMPREHENSIVE PLANNING AND ZONING SERVICES
o'''Z.'2.-/O
DATE
APPROVED BY:
~~~
NICK CASALANGUIDA~ ADMINISTRATOR
COMMUNITY DEVELOPMENT & .
ENVIRONMENTAL SERVICES DIVISION
tJ/~L)--I(j
DATE
~J P\~
P. STRAIN~ CHAIRMAN, CHAIRMA..N
COLli ,R COUNTY PLANNING COMMISSION:
z.. q -( 0
DATE
Page 4 of 5
PUDZ-2007-AR-11320
January 22, 2010
Agenda Item No. SA
April 27, 2010
9~A Page 22 of 487
Petition: PUDZ-2007-AR-11320
eo1M.r Count:mbl.r FamIly Partne",hip #4>- McMullen MPUD
-- ,,-.~..
~
STAFF REPORT
TO:
COLLIER COUNTY PLANNING COMMISSION
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: MARCH 5, 2009
FROM:
SUBJECT:
PUDZ-2007-AR-11320 MCMULLEN MlXED-USE PLANNED UNIT
DEVELOPMENT (MPUD)
PROPERTY OWNER/AGENT:
Owner: Mr. Gregory S. Sembler, President,
Sernbler Retail n, Inc. General Partner
5858 Central Avenue
St. Petersburg, FL 33707-1716
Agent(s): Robert 1. 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
REQUESTED ACTION:
The petitioner requests that the Collier C~unty Planning Commission (CCPC) consider a rezone
of the subject 19.32:1: 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
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Agenda Item No. 8A
April 27, 2010
Page 25 of 487
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:f: 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. 8A
April 27, 2010
Page 26 of 487
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 Plan shows that Tract A is 10.22:1:
acres and Tract B is 5.0O:i: acres. Another .87:1: acres is a proposed right-of-way area. Along the
northern portion of the property, 3.23:1: 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/pedestrian/bicycle
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 129:1: acre Swamp Buggy Grounds Planned Unit
Development (PUD), and the proposed Toll Rattlesnake Development of Regional
Impact (DRI/PUD), a 2,252:1: acre MPOO 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 (DRI/PUD) a 2,252::t: acre MPUD 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. 8A
April 27, 2010
Page 27 of 487
AERIAL
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property is generally located in the northeast
quadrant of the Collier Boulevard (CR95l)/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 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. 8A
April 27, 2010
Page 28 of 487
Center; ~~ balance of th~ land area shall be limited to non-commercial uses as allowed in Mixed
Use A~tivlty Cente~. WIth. respect to the 19+/- acres in the IiottbeasfquadmntofActivity Center
#7, SaId acreage lYIng adjacent to the east of the Hammock Park Commerce Center Pun
~o~ercia1 development (exclusive of the allowed 4'114 mile support medical uses'') shall b~
lIrmted to a total of 185,000 square feet of the following. use~: personal indoor self-storage
facilities - this use .shall occupy no ~eater than 50 percent of the total (185,000) building square
feet; offices for vanollS 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
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 contractorlbuilder construction
trade specialists or accessory to warehouse space for various contractorlbuilder 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-l 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 contractorlbuilder construction
trade specialties; 75,000 square feet of warehouse space for various contractorlbuilder
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 staffs
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 contractorlbuilder 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 contractorlbuilder 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. 8A
April 27, 2010
Page 29 of 487
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 (AI. on Exhibit A), care unit uses (A23. on Exhibit A)].
. With respect to the i: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 "'114 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.10, A.l7, A.18, A.20 and A2l 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 contractor/builder 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. 8A
April 27,2010
Page 30 of 487
· inc1usi".e of th~ offices of related professional discipli11es and services that typically serve
~ose construct~on b~messes or o~~rwise assist iii facilitating elements ofa building and related
infrastructure, mcluding 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 reet; [These uses are included in Exhibit A as items
A.2,AU, A.12, A. 13, and A.l4 with a single asterisk and limited to a cap of 92,500 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 contractorlbuilder construction trades occupants;" [This use
is included on Exhibit A, item A.8, 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 A.19,
A.25 and A.26, 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 contractorlbuilder construction trade specialists or accessory to
warehouse space for various contractorlbuilder construction trades occupants;" [These uses are
listed on Exhibit A, items B.2, B.3 and BA with three 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
deal.ers, paint, glass, and wallpaper stores, garden supply stores - all as accessory uses only,
accessory to offices for various contractorlbuilder construction trade specialists or accessory to
warehouse space for various contractorlbuilder construction trades occupants;" [These uses are
listed on Exhibit A, items B.2, 8.3 and BA with three 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. J
· 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 from David Weeks to Bob Mulhere dated 2/14/07, it is 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, AICP, to Nancy Gundlach,
Page 9 of 21
Agenda Item No. 8A
April 27, 2010
Page 31 of 487
AICP, Principal Planner. While staff does not agree completely with all responses provided,
staff does fmd 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 residential. Street, peiiestrian pathways. and bike
lane . interconnections with . 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 interconnections 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 allo\\red at sO feet
in the commerciallmbced 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.
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-l 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:f: acres in the MPUD. The MPOO 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 1, 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
phannacies - provided the dominant use is medical related and the site is located within 'l4 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 % 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. 8A
April 27, 2010
Page 32 of 487
C:!:'l2) of the proposed McMullen MPUD lies within this y.. mile area~ The petitioner asserts the
entire PUD is eligible for these uses if any portion of the subject MPUD is within the y.. 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 y.. 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 y.. 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 y..
mile," that the point of measurement is to be from "the nearest point of the rhospita11 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 y.. mile of the nearest point of the hospital tract. Only a portion of the
proposed MPUD will lie within the y.. 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 corner 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 y.. 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 y.. mile
limit. Such y.. 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 (Bee) as they determine GMP consistency.]
FLUE Policy 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-l through C- 3
Page 11 of21
Agenda Item No. 8A
April 27, 2010
Page 33 of 487
retail, office and personal service uses, rather provides for C-5 commercial uses (e.g. self-
storage, warehousing, offices of contractors).
FLUE Objective 7 and relevant policies 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.
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Agenda Item No. SA
April 27, 2010
Page 34 of 487
Economic Element: Via provision for support medical uses, this MPOD 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 of life throughout the County."
REVIEW OF POD 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 lf4
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 lf4 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):
AlO, Hospital and Medical Service Plans (Group 6324)
A17. Medical Equipment Rental and Leasing (Group 7352):
A.18. Medical and Dental Laboratories (Groups 8071 and 8072):
A20. Nursing and Professional Care Facilities (Groups 8051-8059): and
A.2LOffices and Clinics of: Doctors of Medicine. Dentists. Doctors of Osteopathy,
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 Y4 mile distance that is eligible for support medical uses.
Petitioner disputes how to measure the Y4 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
IF 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 mfficient 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-951) 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).
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Agenda Item No. 8A
April 27, 2010
Page 35 of 487
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 "B") as reflected by the adopted 2008 ADIR.
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 2008t has a
remaining capacity of2,550 trips, and is currently at Level of Service "B" (LOS liB") 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.
Trio 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.
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. 8A
April 27, 2010
Page 36 of 487
defined 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).
GMP Conclusion: 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 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 10.02.13.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 15.0H 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 0.84:1: 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 ill
Exhibit E "List of Developer Commitments."
Page 15 of21
Agenda Item No. 8A
April 27, 2010
Page 37 of 487
1. 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:
1. 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."
1. Within I80-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
(CAn 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 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.
4. Figure 1 (shown in Exhibit E of the PUD) depicts the configuration of the 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 CPUD 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 1. 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. SA
April 27, 2010
Page 38 of 487
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 Staff has 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
W ellfield-SCR WTP 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.
EmerJ!encv Management 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.
Zoning and Land Development 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 Y4 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. 8A
Apri/27,2010
Page 39 of 487
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 agricultural 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 DRVPUD, a
2,252::1: acre MPUD that proposes commercial land uses on 39.6::1: acres, various attractions to
include "swamp buggy races" on 45.9::1: 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 fEAC) 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 (NIM):
Synopsis provided by Michele McGonagle, CDES Administrative Secretary:
The agent/applicant duly noticed and held the required NIM 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 18 of 21
Agenda Item No. SA
April 27, 2010
Page 40 of 487
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 staffremained on site unti16:00 p.m.,
at which time the meeting concluded.
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition
PUDZ-2007-AR-1I320 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 orB.l'pI'oved for. to the proiectboundaries 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 ~ 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:
1. Amend the Exhibit A McMullen MPUD "Permitted and Accessory Uses" to identify support
medical uses (within the 1/4 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 Y4 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. 8A
April 27, 2010
Page 41 of 487
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 shall be provided between Tracts A and B.
Attaclunents: 1.
2.
3.
Rezone Findings
PUD Findings
y.. Mile Border from Hospital
Page 20 of 21
Agenda Item No. 8A
April 27, 2010
Page 42 of 487
PREPARED BY:
LAC ,PRlNCIPALPLANNER
OF ZONING AND LAND DEVELOPMENT REVlEW
REVIEWED BY:
~ 7.LJ']~'
STEVEN T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
:2. . 1'1'. ocr
DATE
't. (1110 ~
Dllrn
RA ND. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
~ crn.~
SlfSAN M. ISTENES. AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
a/zo /d7
DATE
APPROVED BY: ~
~.,~. dl~t1 /"9
EPHK.S~ADMlNIS TOR f DATE
MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the April 24, 2009 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
Z,-l{"-(O
DATE
Page 21 of 21
Agenda Item No. 8A
April 27, 2010
Page 43 of 487
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-term leased
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 1;4 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 DRI/PUD, a 2,252::f: 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::f: acres,
various attractions to include "swamp buggy races" on 45.9::l:: 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. 8A
April 27, 2010
Page 44 of 487
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
PUD. 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 PUD rezoning is appropriate, as limited in the PUD
document and the PUD Master Plan based on its compatibility with adjacent land uses.
6. Whether the proposed change will adversely influence living conditions m 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 Iliitigate any adverse impact from this project.
However, concern about potential noise complaints regarding the development of residential
and care units in this PUD 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. 8A
April 27, 2010
Page 45 of 487
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.
10. 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.
11. 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
PUD. 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. 8A
April 27, 2010
Page 46 of 487
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 OMP because it allows medical uses beyond the 114 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
garner 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.
15. 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 5
Agenda Item No. 8A
April 27, 2010
Page 47 of 487
17. 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 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 fmal 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 5
Agenda Item No. 8A
April 27, 2010
Page 48 of 487
Attachment 2
PUD FINDINGS
PUDZ-2007 -AR-11320
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, and
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 14 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.
Findin~: 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 FINDINGS
PETITION PUDZ-2007-AR-11320
Page 1 of 2
5.
Agenda Item No. 8A
April 27, 2010
Page 49 of 487
The adequacy of usable open space areas in existence and as proposed to serve the
development.
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 MPUD 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
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Application McMullen MPUD
Agenda Item No. 8A
Aoril27 2010
Page 52 of 487
Page One
Date: 01-21.07 (Revised 11-12-(9)
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403~2400 FAX (239) 643-6968
(i)
APPLICATION FOR PUBLIC HEARING FOR:
o AMENDMENT TO PUD (PUDA) t8J PUD REZONE (PUDZ)
o PUD TO PUD REZONE (PUDl-A)
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
To be completed by SUIt!
APPLICANT INFORMATION
NAME OF APPLlCANT(S): MR. GREGORY S. SEMBlER. PRESIDENT. SEMBlER RETAil I\. 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 RW A. INC.
ADDRESS 6610 WILLOW PARK DRIVE. SUITE 200 CITY NAPLES
TELEPHONE # 12391597-0575 CELL # _(2391825-9373
E-MAIL ADDRESS:RJM@CONSUlT-RWA.COM
STATE Fl ZIP 34109
FAX # (2391 597-0578
NAME OF AGENT R. BRUCE ANDERSON. ESQUIRE. ROETZEl & ANDRESS
ADDRESS 850 PARK SHORE DRIVE. TRIANON CENTRE-THIRD flOOR CITY NAPLES STATE.J:!, ZIP 34103
TELEPHONE # 12391 649.2708 CELL # FAX # (239) 261-3659
E-MAIL ADDRESS:BANDERSON@RALAW.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
Agenda Item No. 8A
April 27, 2010
Application McMullen MPUD Page 53 of 48r
Date: 07-27-07 (Revised 11-12-(9)
Page Two
ASSOCIATIONS
I.
Complete the following for all Association(s) affiliated with petition. Provide additional sheets if
necessary.
NAME OF HOMEOWNER ASSOCIA nON:
MAILING ADDRESS
CITY
N/A
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 interest. (Use additional sheets if necessary).
Name and Address Percentage of Ownership
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 Address Percentaae of OwnershiD
N/A
If the property IS m the name of a TRUSTEE, list the beneficiaries of the trust with the .
percentage of interest.
Name and Address PercentcuJe of Ownership
c.
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.
Name and Address Percentage of Ownership
SEMBLER FAMILY PARTNERSHIP #42, LTD
Sembler Retail II, Inc.
Melvin F. Sembler
Sembler Holdings III, Ltd.
Brent W. Sembler
B & D Sembler Investment Partnership, LP
Gregory S. Sembler
JEEB Investment Partnership, LP
Craig H. Sher
Craig H. & .Ian Miller Sher Family Partnership, Ltd.
.Ieffrey 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
.
.
.
.
Agenda It~m No. 8A
Page Th....
Application McMullen MPUD
Date: 07-27.(J7 (Revllec111-12-09)
SEMBLER RETAIL II, INC.
Melvin F. Sembler
Brent W. Sembler
Gregory S. Sembler
Craig H. Sher
Shareholder
Shareholder
Shareholder
Shareholder
SEMBLER HOLDINGS III, LTD.
Melvin F. & Betty S. Sembler
Brent W. Sembler, as custodian for
minor grandchildren of M. & B. Sembler
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 Partner
Limited Partner
Limited Partner
B&D SEMBLER INVESTMENT PARTNERSHIP, LP
Brent W. Sembler
Brent W. Sembler
Debbie Nye Sembler
Brent W. Sembler, as custodian for
minor children ofB. & D. Sembler
General Partner
Limited Partner
Limited Partner
Limited Partner
JEEB INVESTMENT PARTNERSHIP, LP
Gregory S. Sembler
Gregory S. Sembler, as custodian for
Minor children of G. Sembler
General Partner
Limited Partner
CRAIG H. & JAN MILLER SHER FAMILY PARTNERSHIP, LTD.
Craig H. & lan Miller Sher
Alison B. Sher
Jessica L. Sher
Stacy Sher
General Partners
Limited Partner
Limited Partner
Limited Partner
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,
Trustee, or a Partnership, list the names of the contract purchasers below, including the officers,
stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
N/A
Date of Contract:
Application McMullen MPUD
Page Four
Date: 07-27'()7 (Revised 11-12.(9)
f.
If any contingeney dause or contract terms involve additional parties, list all individuals
oHieers, if a corporation, partnership, or trust.
or.
Name and Address
N/A
g. Date subject property acquired 0 leased D Term of lease
N/A
yrs./mos.
If, Petitioner has option to buy, indicate the following:
Date of option:
Date option terminates:
, or
Antieipated dosing date
h. Should any changes of ownership or changes in contrads for purchase occur subsequent to the
date of application, but prior to the date of the final public hearing, it is the responsibility of the
applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.
Detailed leul description of the property covered bv the application: (If space is inadequate, attach on
separate page.) If request involves change to more than one zoning district, include separate legal description
for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed
within the lost six months, maximum 1" to 400' scale) if required to do 50 at the pre-application meeting.
.
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.
Section!T own ship IRange
Lot: Block:
1 4 I 50 / 26
Subdivision:
Plat Book Page #: Property 1.0.#: 00417760001
Metes & Bounds 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.
Size of property:
675
ft. X 1246.78 ft. = Total Sq. Ft. 841.579.2 Acres 19.32
Address/j!eneral location of subiect propertv:
The subject property is generally located V2 mile
east of Collier Boulevard ICR951) on Rattlesnake Hammock Road Extension.
.
.
SEMBLER FAMILY PARTNERSHIP #42, L TD
Sembler Retail n, Inc,
Melvin F. SembleI'
Semble!' Holdings ill, Ltd.
Brent W Sembler
B & D Sembler Invesbnent Pattnership, LP
C'.Jt'egory S SembleI'
JEEB Investment Paltnership, LP
Craig R Sher
Ctaig H. & Ian Miller Sher Family Paltnership, Ltd,
Jeffrey S, Fuqua
Joseph A. Filippelli
David B, Murphy
Ronald P. Wheeler
SEMBLER RETAIL II, INC.
.
Melvin F.. Sembler
Brent W, Sembler
Gregory S,. SemblCl
Craig H. Sher
General Partner
Limited Partner
Limited Partner
Limited Partner
Limited Partner
Limited Partner
Limited Pal tnel
Limited Partner
Limited Partner
Limited Paltner
Limited Partner
Limited Paltner
Limited Paltner
Shm'eholder
Shareholder
Shareholder
Shareholder
SEMBLER HOLDINGS III, LTD.
Melvin F. & Betty S SembleI'
Brent W Sembler, as custodian for
minor grandchildren ofM.. & B SembleI'
Erin Brook Sembler
Brent W Sembler' & Gregory SembleI', as custodians for
minor grandchilchen ofM. & B. Sembler
GregOlY Sembler, as custodian for
minor grandchildren of M, & B. SembleI'
General Paltners
Limited Paltner'
Limited Partner
Limited Palmer
Limited Pattner
B&D SEMBLER INVESTMENT PARTNERSIDP, LP
Blent W Sembler
Brent Woo Sembler
Debbie Nye Sembler
Brent W, Sernbler, as custodian for
minor children ofB. & D SembleI'
.
General Partner
Limited Partner
Limited Pmmer
Limited Paytner
Agenda Item No. SA
April 27, 2010
Page 56 of 487
JEEB INVESTMENT P ARTNERSmp, LP
Gn:gory So' Semblel
Gregory S. Semblez, as custodian for
minor children ofG. Sembler
General Partner
Limited Partner
Agenda Item No. SA
April 27, 2010
Page 57 of 487
.
CRAIG H. & JAN MILLER SHER FAMILY PARTNERSmp, LTD.
Claig H. & .Ian Millet Sher
Alison B. Sher
Jessica L. Shcr
~tacy E. Sher
General Partners
Limited Pa:l'tner
Limited Pmtner
.
.
.
.
.
Application McMull.nMPUD
Agenda Item No. 8A
Aoril27 2010
Page 58 of 487
Po,. fiv.
Date: 07-27.07 (Revised 1-8-10)
ADJACENT ZONING AND LAND USE
PUD District (LDC 2.03.06):
o Residential 0 Community Facilities
[8J Commercial 0 Industrial 0 Mixed-Use
Land use
Zoning
N A
S A
E PUD
W PUD
V ocant Lands
Vacant lands
Swomo BUQgy Days. Improved
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). Hammock
Park Commerce Centre CPUD
Section/T ownship/Range
Lot: Block:
14 / 50S / 26E
Subdivision:
Plat Book n.R. 1573 Page #: ~55 Property 1.0.#: 00416760002 & 00416720000
Metes & Bounds Description:
Hammock Park Commerce Centre CPUD
A PARCEL OF LAND LOCATED IN THE SOUTHWEST lj", 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 112) OF THE SOUTH ONE-HALF (S 112) OF THE SOUTHWEST ONE-QUARTER (SW 1/",) OF
THE SOUTHWEST ONE-QUARTER (SW 1/",) LESS THE WEST 100 FEET OF ROADWAY FOR COUNTY ROAD 951;
SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND THE WEST 80 FOOT
PARCEL OF THE SOUTH ONE-HALF (S 1/2) OF THE SOUTHEAST ONE-QUARTER (SE V,,) OF THE SOUTHWEST ONE-
QUARTER (SW 1/); SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
O.R. 1708, PAGE 1667
THE SOUTH '12 OF THE SOUTH 112 OF THE SOUTHWEST % 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. 8A
April 27, 2010
Page Six
Application McMullen MPUD
Date: 07-21./11 (Reviled 11-12-(9)
REZONE REQUEST
I-
This application is requesting a rezone from the A - Aarlculture zoning district to the MPUD zoning district.
Present Use of the Property: Vacant lands
Proposed Use (or range of uses) of the property: Permitted Uses for Activity Center #7. medical/professional
office. senior livina facilities (care units\. and aeneral retail.
Original PUD Name:
N/A
Ordinance No.: N/A
EV ALVA TION CRITERIA
Pursuant to Section 10.02.13 of the Collier County land Development Code, staff's analysis and
recommendation to the Planning Commission, and the Planning Commiuion's recommendation to the Board
of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a
narrative statement describing the ruone request with specific reference to the criteria noted below. Include
any backup materials and documentation in support of the request.
PUD Rezone Considerations (LOC Section 10.02.13.Bl
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.
The subject property consists of 19.32 acres +/., and is located within Activity Center # 7 (Rattlesnake
Hammock Rood (extension) and Collier Boulevard intersection). A site specific GMP amendment was
approved on the subject property allowing specific uses and limiting square footage. The FLUE (reads as
follows:
-
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% 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
offic;es of related professional disciplines and services sholl occupy no greater than 50% 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, gloss, and wollpoper stores, garden supply stores - 011 as
accessory uses only, accessory to offices for various contractor/builder construction trade specialists or
accessory to warehouse space for various c;ontractor /builder construction trades occupants;
management associations of vorious types of buildings or provision of services to buildings/properties;
and, fitness centers.
-
.
.
.
Page Seven
Agenda Item No. 8A
. 0
Application McMullen MPUD Page 60 of 4 7
I
Date: 07-27.{J'1 (Revised 11-12-(9) !
Given the very spe<:ifi<: nature of the FLUE regulations applkable to the subject property, It is clear that the
subject property is suitable for the type and pattern of development proposed in this PUD, specifically in
relation to physj<:ol charac;teristics of the land and surrounding oreas. Traffic and access, drainage, sewer,
water, and other utilities have 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 plan and plat and/or SDP submittal.
2.
Adequacy of evidence of unified control and suitability of any proposed agreements, contract, 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 maintenonce of such areas ond 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 property. 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, objectives and policies of the growth management
plan.
The proposed PUD rezone is consistent with all applicable GOPS set forth in the various GMP Elements,
including the Future Land Use, Conservation and Coastal Management and Transportation Elements.
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.
The MPUD will comply with all applicable requirements set forth in the LOC, including buffering and screening
requirements. No deviations from the LDe have been requested. This, coupled with adherence to the
Development standards set forth in Exhibit B. and adherence to the County's Commercial Architectural and
Design Guidelines will ensure internal and external compatibility.
5. The adequacy of usable open space areas in existence and as proposed to serve the development.
The amount of open space set aside by this proposed proiect meets or exceeds the provisions of the LDC, which
requires a minimum of 30% percent Open Space. Included in the Open space 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 ond private.
The timing and sequence of the permitting of the proposed development coincides with the programming of the
County's proposed capital improvements to meet concurrency requirements. Adequate improvements, utilities
and other facilities can be provided.
7.
The ability of the subject property and of surrounding areos 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 emanating from urban development. Relative to this Petition, development of the sub;ect property is
Application McMullen MPUD
Page Eight
Date: 07-27-G7 (Revised 11.12.()9)
timely, because supporting infrastructure is available, or will be in place by the time permilling of the .
proposed improvements is complete.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations 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 standards used for the
commercial and institutional land uses, and related improvements when compared to other PUD with similar
uses. Additionally, no deviations from the LDC are requested.
Deed Restrldions: The County is legally precluded from enforcing deed restrictions, however, many communities
have adopted such restrictions. You moy wish to contact the civic or property owners associotion In the area for
which this use Is being requested in order to oscertain whether or not the request is affected by existing deed
restrictions.
Previous land use Detitions on the subiect Droperty: To your knowledge, has a public hearing been held on
this property within the last year? IZI Yes 0 No
If 50, what was the nature of that hearing? 1" Planning Commission Hearina held March 5. 2009
NOTICE:
This application will be considered "open" when the determination of "sufficiency" has been mode and
the application is assigned a petition processing number. The application will be considered "closed"
when the petitioner withdraws the application through written notice or ceases to supply necessary
Information to continue processinQ or otherwise actively pursue the rezoning for a period 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 "dosed" 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 project will be subject to the then current code. (LDC Section
10.03.05.Q.)
.
Agenda Item No. 8A
April 27, 2010
Page 62 of 487
.
(i)
I
AFFIDA vir
I
Well, ~raia Sher. Sembler Family Partnership #142. ltd.. being first duly sworn, depose and say
that well om/ore the owners of the property described herein and which is the subject matter of
the proposed hearing; that 011 the answers to the questions In this application, including the
disclosure of interest information, all sketches, data, ond other supplementary matter attached to
and made a part of this application, ere honest and true to the best of our knowledge and belief.
Well understand that the information requested on this application must be complete and
accurate and that the content of this form, whether computer generated or County printed sholl
not be altered. Public hearings will not be odvertised until this application is deemed complete,
and 011 required information has been submitted.
.
As property owner Wel' further authorize Bob Mulher. and Dwi",h! Nadeau. RWA./nc. and R.
Bruce Anderson of Raetze/ and Andress to oct os our/my representative in any matters
regarding this Petit' n.
Signature of Property Owner
Craia Sher
Typed or Printed Name of Owner
Typed or Printed Nome of Owner
The foregoing instrument was acknowledged before me this.:30 . doy of ~
20Q~ by CrClia Sher ~no is ~ersonolly known to me. or s produc d
os identification.
State of-1-~~
County ofR&"\ .J2.Q~-
~)U.. ~'~
(Signature of Notary Public
Sharon M. Vizandim \
.
\""',,1" s
~~t,l\.A t..<..~ haron M. Vlzandiou
~J..~ i'~ CO~mjssion # D0473101
"1ff.ff.'~' ExpIres October 21 2009
I 'HI" 8oftdt~ TIOf Fam 'nsuttftCf tn" _3I5-70t.
(Print, Type, or Stomp Commissioned
Nome of Notary Public)
Agenda Item No. 8A
April 27, 2010
Page 63 of 487
.
RWA,lne
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 Concern:
Please be advised that authorization is hereby given to Robert J Mulhere of RW A, 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..
-
BY:
CRAIG SH R,
SEMBLE FAMILY PARTNERSHIP #42. L TO,
.
STATE OF FLORIDA
COUNTY OF COLLIER
,;< #...
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
~ fiL,~'~
NOTARY PUBLIC
olo~P~ Sharon M. Vizandiou
{(~. Y;1 (;~Ill:nilSion# 00473101
~(':.;f~ '~\f9 October 21.2009
1,'1'1..,,' ~htt......._... ....1OO4D-701.
NOTARY PUBLIC
Commission Number:
Witness my hand and seal
this 3D daYOf~ .2006.
o.
.
Q' -"lH'I6'06oo20 00 00 M~M"llcn i;C I. p.\ \1 I'!. f) flO!).' \IPUO ..\pph~~lIon l."glll 0''''$ "'gem l."lleT.d,,,
.
.
.
Agenda Item No. 8A
April 27, 2010
Page 64 of 487
Statement of Utility Provisions
Me Mullen MPUD
Page One
Date: 07-27.07 (Revised 11-12..(9)
STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST
I APPLICANT INFORMATION
NAME OF APPLlCANT(S} MR. GREGORY S. SEMBlER. PRESIDENT OF SEMBlER RET All II. INC.. GENERAL
PARTNER
OF SEMBlER FAMILY PARTNERSHIP #42. LTD.
ADDRESS 5858 CENTRAL AVENUE
TELEPHONE # 17271 384-6000
E-MAIL ADDRESS:
CELL #
CITY ST.PETERSBURG STATE Fl ZIP 33707.1716
FAX # {7271 ~47-0247
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): The subiect orooertv is aenerally located 1/2 mile east
of Collier Boulevard (CR951) on Rattlesnake Hammock Road Extension
I LEGAL DESCRIPTION
Section{Township/Range 14 I 50 I 26
Lot: Block: Subdivision: Plat Book_ Page #:_Property 1.0.#: 00417760001
Metes & Bounds Description: THE S 1/2 OF THE SE 1/4 OF THE SW 1/4 OF SeOION 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
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PACKAGE TREATMENT PLANT
(PO capacity)
e. SEPTIC SYSTEM
a.
~
D
D
D
D
TYPE OF WATER SERVICE TO BE PROVIDED
COUNTY UTILITY SYSTEM [2J
CITY UTILITY SYSTEM D
FRANCHISED UTILITY SYSTEM D
PROVIDE NAME
PRIV ATE SYSTEM (WELL) D
b.
c.
d.
TOTAL POPULATION TO 8E SERVED: 185.000 sf commercial
PEAK AND AVERAGE DAILY DEMANDS:
A. W A TER~PEAK 19.27 GPM AVERAGE DAILY 1 8.500 GPD
B. SEWER-PEAK 16.70 GPM AVERAGE DAILY 18/500 GPD
Agenda Item No. 8A
April 27,2010
Page 65 of 487
Statement of Utility Provisions
McMullu MPUD
'age Twa
Date: 07..27-07 (Reviled 11-12-09)
--"
.
Water Average Daily
Commercial:
Squore fe.t x 0.1 GPD
185,000 x 0.1 = 18,500 GPD
Sewer Average Daily
Commercial:
Square feet x 0.1 GPD
185,000 x 0.1 = 18,500 GPD
Water-Peok
(AvliI. Daily x 1.5) .;. 1440
(18,500 x '-5).;. 1440 = 19.27 GPM
Sewer-Peak
(AvliI. Doily II 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 July 2010
NARRATIVE STATEMENT: Pravide a brief and cancise narrative statement and schematic drawing af sewage treatment
pracess ta be used as well os a specific statement regarding the methad af affluent and sludge disposal. If percalatian pands
are ta be used, then percalatian data and sail invalved shall be pravided fram tests prepared and certified by a prafessional
engineer.
COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the praject is located within the services baundaries af Callier
County's utility service system, written natarized statement shall be pravided agreeing ta dedicate ta Callier Caunty Utilities
the water distributian and sewage callectian facilities within the project area upon campletian of the canstructian af these .
facilities in accardance with all applicable County ordinances in effect at the at time. This statement shall alsa include an
agreement that the applicable system develapment charges and cannectlon fees will be paid to the County Utilities Division
priar ta the Issuance af building permits by the Caunty. If applicable, the statement sholl cantain shall contain an agreement to
dedicate the appropriate utility easements far serving the water and sewer systems.
STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived ar atherwise pravided far at the pre-
applicatian meeting, if the praject is ta receive sewer ar patable water services fram any pravider ather than the County, a
statement from that provider indicating that there is adequate capacity ta serve the pralect sholl be provided.
.
.
J.
2
. 3
4
5
.
Agenda Item No. 8A
April 27, 2010
Page 66 of 487
COVENANIOFUNIAEDCONTROL
The tlndersigned do hereby s\"ear or affirm that they arc: the contr:l<:t purchaser of record of propcny common!}
knO\\ n as
~kMullen MPUD. Folio 1# 0041776000 I
and legally described in Exhibit A attached hereto
The propeny described herein is the subject of an application fOI a mixed-use pJmmed unit development (MPUD)
ZOlling. We hereby designate Raben Mulhere, Vice President PlaMing Services. Dwight Nadeau, Planning
Manager. ofRWA. Inc, and R Bnlce Anderson, Attorney, ofRoetzel & Andress, legal representarives thereof, as
Ihe legal represenlDlhes of the property and as such. these individuals are authorized to legally bind all owners of
tbe propeny in the course ofseeking the necessary appro~'als to develop. This authority includes. but is not limited
10" the hiring and authorization of agents to assist in the prepamtion of applications plans, surve)'S, and studies
necessary to obtain zoning appro\'a I on the site. These representatives will remain the only entity to authorize
de\elopmenl acti~'ity on the property until such time as a new or amended covenant of unified control is delivered 10
Collier County.
The wldersigned recognize the following and will be guided llccordingly in the pursuit of dc\'elopmcnt of the
project
The prQpelTy wiu be developed and used in conformity with the approved master plDn including nil conditions
placed on the dc\"elopment and all commitments agreed to by the llpplicant in connection with the planned unit
development rezoning
The legal representative identified herein is responsible for compliance with 311 tenns, conditions, safeguards,
and stipulations made at the time of approval of the masler plan, even if the property is subsequently sold in
whole or in pan, unless and until a ncw or amended covenant of unified control is delivered to IlDd recorded by
Collier COllnty.
A deparlUre from the provisions orthe approved plans or 11 failure to comply with any requirements, conditions.
or safeguards provided for in the planned unit development process will constirole a violation of the Land
Development Code.
All terms and conditions of the planned unit development approval will be incorporaled into covenants and
restrictions which run \\llh the land so as to provide norice to subsequent owners that all de."elopment activity
within the planned unit development must be consistent with those termS and conditions.
So long as this covenant is in fon:e, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditions of the planned unit development.. seek equitable relief as necessary 10 compel
complia e. The County will not issue permits. certificates, or licenses to occupy or use any part of the
pIa a it dev opment and the County may Stop ongoing construction activity llntilthe project is brought
into 0 lia c with al termS., conditions and s3feguards of the planned unit development
Printed Name
STATE OF Fl.ORIDA)
COL'N1Y OF COLUER)
Sworl\ t~ ((I: afTirme~) llod subscribed beFore me this 3D day of ru., ,2001. b)'
____C:.( CLl.;:j. _:s h ~ r- ____.__ who is personally known to me or has :rodu~ed
._____.. ___...______ as idcnlification ~ -f1.t..... ~ ~~
Notary Public ------..----..-7--
(N3rne ~t>>dM-.;M'~iou
,-:,*"1r.?~!"~ Sharon M. Vizandiou
~Ah' 1
g:! 1~ commission # 0047310
~.. ~-!H..: Expires October 21, 2009
'1f.P,-:fr,'{o." e.ndodT.., F.IIII.....00e 'oe 10041$-1011
(Serial Number ifan~ I
Q:\2'C~e.I~?C020~;) c-o McPo.t.tlo!" GC CPA r."PIJO:OCN3 M?!JOA"~l.:ab::)n"L'tY"J. D:le;.'.cOV!NANT OF UUlF'IEC CONiRO~ PIJO Ri'zone ..25--06 CY'...c.
Agenda Item No. 8A
Apri127,2010
Page 67 of 487
.
COLLIER COUNTY UrILlTV DEDICATION SJ'A IEMENl
I, Craig Sher, President of SembleI' Retail II, Jnc., General Partner of Sembler Family
Partnership #42, Ltd, being first duly swom, depose and say that Sembler Family Paltnership
#42, Ltd, agrees to dedicate to Collier County Utilities, the water distribution, and sewage
collection facilities within the project area upon completion of the constJuction of these
facilities in accordance with all applicable County ordinances in effect at the at time,
Additionally, Sembler Family Partnership #42, Ltd, or successor developer agree that the
applicable system development charges and COlUlection fees will be paid to the County
Utilities Division prior to the issuance of building permits by the County. Finally, and if
applicable, Sembler Family Partnership #42, Ltd, 01 successor developer agrees to dedicate
the appropriate tility easements for serving the water and sewer systems,
e i t of Sembler Retail II, fnc.,
erofSembler Family Partnership #42, Lid
.
The forego~ instrument \~as acknowledged before me this :5 0 day Of\\"" >J ^ .L. ~ ,
2007, by r..:...ro.ur S~e..1{'" who is personally known to me~d
_. ,as identification.
State of ~
County 0 ..1 I ,JJ 0 ...<.')
,,''J'J.', Sh
lR&~~"f.1~ aran M. Vlzandiou
~\. I:! Commission # 00473101
~1.ff. i-.<t.: Expires October 21 2009
, .... ioodoOTIlly F... InSllia... 1'10 ~~70"
(~oE:~
Sharon M. Vizandiou
(Print, Type, or Stamp Commissioned Name
of Notaty Public)
.
.
.
.
.
Agenda Item No. 8A
April 27, 2010
3805228 OR: 400!a~81~3
DeOlDlD in omCIlL RlCORDS of cmIlR coum, fL
03/21/200& at 01:22'1 DWIGHT I. BIOCI, CLltl
ue 01 52.50
DOC-.70 .70
Reta:
RODII IceLOSlt If AL
5150 . !AlIA11 TI '502
lULlS n 3U 03
This instrument prepared by and return to:
Christina M. Breiner, Esq.
Ruden McClosky
150 Second Avenue North, 17th Floor
81. Petersburg, FL 33733
~. ._~ce above this line for recorder's use only
/'~-\ -r:.,R CO j~'.
/ ~~.;..:----.-.~/V )~,
//CF'~UIT CLAIM D~"\.
/ ~-- , \
I '------.1....
This Indenture made thi~ _-airy. 0 cIi, ~6, ~ TOLL-RAT'IU'.SNAKJ:,
LLC, a Florida limited lia~Jity, i s,e dress 28341 Tamiami Trail,
Suite 4. Bonita Springs, f1lori a 41 ~4, \ a~d , ESNAKE, LLC, a Florida
limited liability company\ r~ TEI!V e" S/ ~'I 5858 Central Avenue, St.
Petersburg, Florida 33707. \t'f,\,.\ ~,<^, ) /$/' j
~\~., --:~~ I ,...."
WITNESSETH, that \, Grantor, for and ithtl ~'ation of the sum ofTen Dollars
($10.00) in hand paid by the s" tee, the ~f is hereby acknowledged, has
remis~, released and qui:clai~ed, '~5.f ..;. i!f~~~ 'es re~ise, relea~e and quitclaiI? unto
the said Grantee all the nght, title, mtere ' emand which the said Grantor has In and
to the lot, piece or parcel of land, situate lying and being in the County of CollierJ Stale of
Florida, described in Exhibit "At' attached hereto and made a part hereof (the "Property").
'TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
thereunto belonging or. in anyway appertaining, and all the estate, right, title, interest and claim
whatsoever of the said Grantor, either in law or equity, to the only proper use, benefrt and behalf
of the said Grantee.
STP;63091S:1
Agenda Item No. 8A
April 27 2010
OR: 4002 P~gi!8tf 487
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 instnunent
IN WITNESS 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--RA TILESNAKE9 LLC9 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, its General Partner
------
//.. .cS:l~._ Co /1;>
/: 0\" /--- -", .::.: v;r. '-:\
~I _, rai ,H.
I 11:_-= '---.--....r-i \ '.
(J .i I .1:~~re~n ~ 7;\ \, .
- !\111.1 \,V/1 ~
\ \ U U) i _ ~ l~
P \ ~_./ --..;:gy: 0 L VlrL' Partnership, a Florida
\ ~~ \. limi~aftn *" its Manager
'\ 4-. \.. ~ ~i I" l ';
"0 "~~ By: T Corp., a Florida corporation,
~j; ')-, -.-. . . era] Partner
".f 1-1 Fi rr~t"
~::.~.::.!.;--
Print Name:
By:
Name:
Title:
Print Name:
.
STP:630434:1
Agenda Item No. 8A
OR: 4002 ~g~~f~5~~~
. STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this lr. 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 APPLICABLEj V personally known to me, or _ has produced a
driver's license as identification.
· · JIB P. Patel
\. Commission' D0442950
Expires June 20, 2009
......''''.... _ ... _-''011
t#pcd fA
Print Name: Jilaa Patel
NOTARY PUBLIC
My Commission Expires: () I.J Zc)' Zo''''l-
.
.-.- -----..
A\~R COr'l~","
~ .J'~_____. "- '\i' "-
1""\,' \;1 ./ ..........~ . ^ "
STATE OF FLORIDA / .....1 /'.....~ J "
/ (J/ ",,-<-' "\
COUNTY OF / I ~--~ , \ \
The foregoing instmienvl Lr--" ~'... -_J"'\~t' .;, day of March, 2006, by
---r II" .11' r-p1 'da . th
, " .y' alp., a on corporatIon, e
general partner of Ton FL v~ . s, Plan ~fedipartnership, the Manager of
TOLL-RA TTLESNAKE':i: L~{ orida IImt 1 i1i~y m',@tY.,onbehalfOfSuchentities,
who is either [CHECK , APPUCABLEj 4 PF/~ known to me, or _ has
produced a~icense as identiflC"'a . ~(.~/
~ o~:~ /\^'/
"...../' /" -------,11' C\~_,,/
"",--!!..t C:..~,~ame:
NOTARY PUBLIC
(Notarial Seal) My Commission Expires:
.
STP:630434:1
Agenda Item No. 8A
April 27, 2010
OR: 4002 P6~g1568f 487
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 the presence of'
GRANTOR:
TOLL-RA Tl'LESNAKE, 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,
/~R COL"~General Partner
/, \------...,.\,.:----.
/0'\'" .,,.. ..~,..)'~,'\.
/(1 ./" 1.' '\
, ;; "!. .
/ . , \
/ C--....-.---- By: \ .
;' / .Ii-..: "\ _",__\ ,~ Cr~g ~ Sher, President
II/r'~/7Y"'~' .~\ \
I( \ '\ (,Br: . . Um.i~.PartnershiP' a Florida
\ (j \ \~, -..~../ I ted. _ n~p, 1ts Manager
\\" \ ~ '=' ~:::-.
\~~.~\. B~~o~ ." Corp., a Florida corporation,
\ ,/..:.. " ksl Partner
J ('~ ./" -i
" \J "-. '''" ",/" ,,-.. . ~/
...... '/, ..hl---........\) \/
"-I.l-/p ("1"(. ~
~:::':-_';;_!>1fY:- , _ _ _ _ ~~
N' I ' ( c..c re..
Title: _ \ I,. Le- =-~ C <> ;de, ,j:
.
.
STP:630918:1
.
.
.
Agenda Item No. 8A
April 27 2010
OR: 4002 PG,e 1!6f1487
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 entitie~ 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
~....
STP:630918: 1
. . . ,
Agenda Item No. 8A
April 27,2010
tit OR: 4002 PG~g156af m
EXHIBIT A
.
LEGAL DESCRIPTION
The S 1/2 of the 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 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 ~ of Section 14, Township 50 South,
Range 26 East, Collier County, Florida;
AND ~~(~O---~
/ :\,\)t?--:_. I..J ~l>'
The S 1/2 of the SE 1/4 of the Sw""'~tion 14, ~~o South. Range 26 East, Collier
County, Florida, less the Westeriy "!=;-_, '\. \,
/ ! ~ --::--"\ \ \
AND I I ^' ~ Wc~., ,~..\ \
I ~~I\~" n \ \[ I
The North 30 feet of that ceJ~,~,. ~ ~)j '.~IOWS~ ) r-.)
~:;:/ CO- - ~. J C(/
The N 1/2 of the NW 1/4 o\~'~l~ 1/4 of Sectio~, ,.oo~ I. P 50 South, Range 26 East,
Collier County, Florida, less th. ~ t 100 feet. ~r\...)/(~y .
" / ,," ".'
,r.J~ f0.___ ...../"'""~.",./
'.,...:~ ......-:-~--..... "",,\) /
'-...,1 ftF C~1~~ C /'
~-.:-.~
.
.
STP:630434:1
.
Agenda Item No. 8A
April 27, 2010
Page 74 of 487
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WW..w,COLlIERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
Ii'
\1U
PRE-APPLlCA liON MEETING NOTES
. . ..
:O;'OD :t.:;PUtt.":r;one
O.PUD Amend'r.raent:
D..& !3~ Tim., //5'f'IjFlrm, .5~73'-~&>Hp;f;<J/
, ,
Proiect Name: 1ft f! LI u.~ 11 P t/D
.
/9'. :$ Z-r
Sixe of Project Site: /7. T3acres
. Applic:antName:_./1/.('r rjPOXyi..L
.
Phone: 5t,./-. 89'3-'Oo-z./
Owner Name: 5e7-f71c.d "?,f-me:SAJ~rr t.'-~ Phone:
:>B.SS (!. ~~t.. A-v.
Owner Address: -:>1": ?1lT~S$ tJL.t:Js; FL.. "':5 ;It:;>?~Clty State ZIP
Existing PUD Name and Number
Assigned Planner /I/~II#fi-.J: ::pe.~r'Z--
~~.~g Afle"de~,~ tq"q~hSi9~ 1~5'h:e~f)
$~~Jri~lj..q~jr'm.nt;:{~~'iJJ~~;~~8.i,~~~1iji~tf#.
"., ...:",.
. .
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050404 doc
Pd~D."'''''.~M'f.fr{~iJQA.:) :..
.P!!~I)BF~l
.:$UfNtf.f;tALCH... eCKtl.ST.
,. ," " .', . '
Agenda Item No, 8A
April 27, 2010
Page 75 of 487
.
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW
W/COVER SHEETS ATTACHED TO EACH SECTION.
NOTEl INCOMPLETE SUMBln AL$ WILL NOT BE ACCEPTED.
REQUIREMENTS
#OF
COPIES
REQUIRED
NOT
REQUIRED
~~~; ~"-'.', I\\'(~ qr . :;;-.~ . J{:~ ~:. llll:', j' }J' ~.~ ~iffF):~ftl~~-""~~~~;~t~~:~~i~'~":~'~~ i~::JPl~r;;fB'9
~J"':ro.' It' lll~ ~,"j~" .1 1 -, _~_~. . 4" r '-:1:=-"Y~ '1::-...", .",,,,,,.;.u..:J..k_~~ ::<"~'~..1... :...!.t_.~~."'::,h,.,=:;,~'~id~
1 Additional set If located in the Bayshore/Gateway Triangle
Redevelo men' Area)
Copies of detailed delc:r! tion of why amendment Is necessary
Completed A Iiccrtion download from webslie for curreni form
Pre-g !Ieafion mee11n notes
Current Conce tual Site Plan 24" x 36" and One 8 V2" x 1 1" co
Revised Cone. tual Site Plan 24" x 36"and One 8 V2" x "" co
OrIginal PUD document and Master Plan 24" x 36" - ONLY IF
AMENDING THE PUD
Revised PUD document with chan es crossed fuN & underlined
Revised PUD document w/amended Title page w/ord #'$, lDe
10.02.13.-'.2
24
24
24
24
24
24
24
24
~
~
"..-
!::::'~..'~'.1:r' ',," 'b ',i'"''' . ~'" ','1"0" : 1'r;:;~\' 1!1~~~r.tt;':"1;lr';r.r,~:~Ie'.ii!JjiHfullq~;J::j; !i:!1P!;"JF:;;';1~'~rn~
~~'i?i';~b~;"~~ ~IfbiJti,,~t~':'f,;1~:!~j1~~~nit~~ar~~rr-p.~~~';'fJ~r.~~~~
.
Deeds/Legal's & Survey (ff boundary of original PUO Is amended) 2
list Identifying Owner & all parties of corporation 2
Owner/Affidavit signed & notarized 2
Covenant of Unified Control 2
Completed Addressing checklist 2
ll'l':Ti' \ '; I '. 11';~' 1") .' ~' " .""", ,il~'I'7'""J".it";'lli!'~?,;i:t'.ij;fPr~mjji::rr'!;'J'H"~'?',-:s,\'''1h'II;~;1;H~~i:1
~!~~~~:~1:J' ..:~Arl~:L~'~LU:~1!Jlit~t:~~~~i~171~%5;:tilk\'J~:;r:itifr~~~
Environmental Impact Statement (EIS) and digital/electronic c:opy of
EIS or exem tion justification 4
Historical Surveyor waiver request 4
Utility Provisions Statement w Is ketches 4
Architectural rendering of proposed structures 4
Survey, signed & sealed 4
Traffic: Impact Statement (TIS) or waiver 7
Recent Aerial Photograph (with habitat areas defined) min scaled
'"=400' 5
Electronic: copy of all documents in Word formet and plans (CORom or
Diskette)
If located in RFMU (Rural Frln"e Mixed Usel Recel~lnQ land Areas
Applicant must contact Mr. Gerry J. Locavera, State of Florida
Division of Forestry @ 239-690.3500 for information regarding
"Wlldffre Mitigation & Prevention Plan", lDC Section 2"03.,08A.2..c ,(b)i.c..
Applicantl Agent Signoforlt Date
/'
/
.
- 2-
G:\Current\New Pre-Application Forms 2006\PUD Rezone, PUD Amendment PUD to PUD Rezone pre-app
050404 doc
Agenda Item No. 8A
April 27, 2010
Page 76 of 487
.
PRE-ApPLICATION MEETING
MEETING NOTES
Project Name
31"
e/~ft?-
Date of Meeting
-H~~. ~p ~~~..M- A!by'/~,t.~ .lJVFrJd'2 ~/vt: F~
I
4/.-L /eI!t~~ .5~711 /flIV'LJ~g- ~~ 7'Yr?5' ~/_~~~
'77~E)t-'-A/~r5/?Jfi; '/7&? ;,,,- -#/L.P/"'/4 Mi/~,ff7~ ~LJ
. *IIIU/~~ #hd ~~;t7;/4 ~~ ~F""c? ~ ~ .L'~~
1f$5'~ ~,fy :8!rJ/5td):/2J ~ j!Vrr-gj? ~ 141~
jJ~/?LF- ~~ ,-5~~~~ 8y R. Re6.,?, t9/d4'/ .
//4.6 - No d-tl.lf.,/oYJ.-.t-I'V'T ,I own Q O:P/lcAtfr i /1J,c-t4H.. <;. lhdr Ill/) de l/7,,/.Mns
, ,
p(O~--1 P."I2G" ~luj'€. (}~ If) kk_ rec u e~r;.J?
f,..' .' '.
~t>p{,fef~Jtl1leA- ~~ "'U11{.,(~ e~/Ai~776~
tl{J;f [12//C S''&t: !;-C #O/t/ f,../ ;a.C{ oJIJ4/A:17 W /1-/1- G /4 / ;t- it! C.
.
G:\DeRuntz\Copy of Pre-App Meeting Notes doc
Agenda Item No. 8A
April 27, 2010
Page 77 of 487
Fees: Application Feel
81,0,000 (PUD Rezone) + $25 per acre (or fraction 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 submltt.d 9 months or more aft.r the date of the last pr~pp
meeting shall not be credited towards application fees and a new pre-application meeting will be required.
~r '$7:29.00 legal Advertising Fe. for ccpe meeting (to be reconciled upon receipt of Invoice from Naples Dally
News).
$363.00 legal Advertising Fee for Bee meeting
$2500_00 Environmental Impact Statement review fee
o Property Owner Notification fees. Property Owner Natlflcatlons $ J .00 Non-certiRed; $3..00 Certified return
receipt moil (to be paid after receipt of invoice from Dept_ of Zoning & Development Review)
$150..00 Fire Code Review
$2,250,00 Comprehensive Planning Consistency Review
Fee Total $
PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW:
h ld be f d d h PI . th d d
Comments S ou orwar e to t e anner prtor to e ue ate
SCHOOL DISTRICT PARKS & REC - Amanda Townsend
SUPERVISOR OF ELECTIONS IMMOKALEE WATER/SEWER DISTRICT
DR/EM1 - EMER. MGMT - Jim Von Rintsln UTILITIES ENGINEERING - lamlra Deltoro y'
CDes Coordinator - Linda B. Route Sheet V
only --~._._-
~e~tii1g:N'ot~s
I.
~OP'-,f!.."- t/;.Jx>A-- J?eD1""~!-jt;N ri>~ 'P:g',l!. AI~17~~;P;;?d-~ K.a~vlR-rH~
IIIX$'D tJ~r Ae-nlnY tJerN77d- ~ 7 'K.trr/..E~I!.G- ff~H~ ?e>A1:> .,...eR. 767
-~ ~"I"'tI-r60 ~ laG; t!J)Dc ~ / 5"/)% ~F ~ /8G:;~o zIr I'J( J.rn~ e..,lJL.P IJrc8a"'Jb
"
~ ?'~:'~L /~IC.. .$f:n""wSfl:)~ F"tf1!.IL/rl,z ()~I",t.i:r .smfL4.- c:J<:."",PY,Nt!> ~
-l/Hr~ oD% (!),c: r#rr /se;; &4PO
Ll .., T ~L -t ~'--I \i~ tM\o.J S '~\t ~1\:-\) Reo f"1. 1O L.. '/.......0 <;: CJ S
~en\.tL(2..~b\.J""\S ~ Ir\Hu.. ~e,-'i ~ 1\.-hoe; pl.{ \7 ~6~'
~ PfANt'lrJi06 - ~.:Irl't,. ~ 14""fUP-- ~ JO-4CT') ~, {;It!:.. i;J,e. J roH'''c~ . .1i!Jt:l'>'~
to ~."., i.E.A'i-T "P+ft!:.E'~ i 4-7?t../!::;95 ~e..-s~~"c.cr""""~'r.;e.ovs. '7"0
,~/JIIIPC:U :i'~., e.~~ /'1:;c.J~ F~~(~("" 'O,~~ ~~~ ,: ~ M~r~
fit.;.."'" n; ~9;;. TVr,,~ ~~ ~~g.,.o'V 4.-J..,.N4:. ~k...-~ !6f'f.r~f;f(;Ae. .
T.r.s- b ..J>e 1,v~A ~UL::;P~fv,-V~" /~'ON
.
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.
.
.
e~/26/2aa6 68:25
Apr 26 OS OB:51a
e~/25/2'6G 15:30
2395970578 RWA !NC
Collier Co, ADDRESSI~G
2395'78578 RWA INC
Agenda Item No. 8A
April 27, 2010
Page 78 of 487
PAGE 61
p. 1
PAGE 62/04
941-659-5724
ADDRESSING CHECKLIST
Please complete th& foll<JWingAND FAX (2J9~'59.5'124) OJ/.. SUBM11'lN PElJ$ON TO 'l'JIR
AD,DBESSINGSBCT/ON. FORMMUSl'BE SIGNED BY ~DDRES~G PERSONNEL PRIOR TO PRE-
APPUCATlON MEETING. Not all items will apply to every project Bems in bo~ type are required.
I. Legal desedpUoll of sub~ct property or PR)pel'ties (copy OJ'knglky 4es~on ""'Y b, QttQched)
Please Ice attachet.l - t-'o..r-~ "3 \ 0') 14- - ~ - z.: G.
2.. Follo (property ID) ~lUJlber(s) of abOve (attach 'Po, O~ auoclate with, legal dacriptiO'fl ifmore 'han one.T-
0041776OOQ1
~. Streetaddress or adcb'essu ((1$ applicable. if already assigMd) -
No site addren
4 LoeadoJl map, showins exact loeation ofproject/mt in relation to nearest pul>1icroad rigbt-of-:way (tlttach)
5.. Copy of survey (NEEDED Ol\lJ,YFOR UNPLATlED PROPEltTlES)
6. Proposed project name (if appllca'ble)
7.. Proposed Strcel names (if applicable)
8. Site DevcJopment Plan Number (FOR EX1STING PROJECTS/SITBS ONLY)
SDP _ '__
9. :PetitiD" Typc- (CoD'Jl11. a separate Addtcssing Olct;k&t for each Petition type)
DSDP (Site Development PUln)
o SDPA (SDP .Amendment)
B SDPI (SDP InsubstllDlisl Change)
SIP (Site Jmprovcrnent Plan)
SIPI (SIPI Insubstantia.l Change)
o SNR (Street Name ChaDge)
o VeletationlExotic (Vcg. R.c:moval Pcnoits)
I:8J Land Use Petition (Variance. Conditional U~.
Boat Dock Ext., R.ezone, PUP rezone, ctc )
o Other.. Dr:acrlbc:: __
o PPL (plans & Plat R.eview)
o PSP (PreJimimry Subdivisiou Plat)
o FP (Final Plat)
~ lLA (LotI,..inc Adjustment)
BL (slistiiig Permit)
ROW (Rigbto()f. Way Permit)
EXP ~cavation Pc:n:nit)
o VRSFP (Yeg.. Re.r.noval & Site Fill Pesmit)
o TOR crumsier ofDcvelopmcnt Rights)
Project Ot. development names proposed for, or already appearing in, condominium clocgrnente (it applicable;
indicate whether p~ed or ~'ing) _
10. Please ~ One: 0 Checklist is to be Faxed Bm:k 0 Personally Picked Up
11. ApplicaDt Name Annette Keenev ofRWA.lnc. PhoDe (239) 597-0575 Fal (239) 597.0578
12. Signature on Addrusing Checklist does not constitute Project and/or Street-Name approval and is subject to
furtbe:n'C'Yicw by the Addressing Section.
FOR SfAFF USE ONLY
Primary Numbe.t. q Co ?:It ~. .
Address Number_._
Address Nlunbel____
Addra' Number
Appt<lved by.ll~ i'Y\.oXo...lfV\ Date l.\-- Z~ -06
Agenda Item No. 8A
April 27, 2010
Page 79 of 487
PRE-ApPUCATION MEE11NG .
SIGN IN SHEET
Nt 11 t/ /.l tftV /1Y. t/p e/;'~
Project Name Date of Meeting
-~
r:~<:,'~r:~:~~' 2~:J~:.;1:.~~
Name
Representing
Phone #
E-mail Address
Michael J. DeRuntz Zoning &. Land Dev. Review (239) 403-2416 inichaelderun1z@colliergov.net
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J"hJ..col.1 "\rolCQ,.\\ .(o..lY'I~\l!. r St.\. sq'~-oS'Z..\ rl"'lllCll...TI"t'xt.l\ c:! St..... bit/' .( ........ .
UI4~ ~ JOtJ cm;.., (1MM. PuJN~ 0-,. ~'if& ~r1dI.b&1k!..@,.{.(~ i
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Agenda Item No. 8A
April 27, 2010
Page 81 of 487
~ UNITED STI.1TES
Ail PO~TIJL SERVICE
September 5. 2006
iil@~Jt\o/~~
&\ SEP 0 7 2006 ~
r........
-
Annette Keeney
RW A Consulting Inc
66] 0 Willow Park '01'
Suite 200
Naples, PI 34109
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 PU D. We strongly urge all new
developments to be "Centralized Delivery". Call me fol' mailbox location.. 435..2122
Sincerely,
~~
Bob Skebe
Growth Management
NAPU!SI\WN 0FF1Cf!!
1200GOOa..ETTE RD N
NAPLES. FL34102..e998
.
.
.
Page One
Application Checklist: McMullen MPUD
Date: 07.27-47 (Revised 12-7.(9)
PUD REZONE (PUDZ) APPLICATION
SUBMITTAL CHECKLIST
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 SUMBITTALS WILL NOT BE ACCEPTED.
NOT
REQUIREMENTS #- OF COPIES REQUIRED REQUIRED
STANDARD REOUIREMENT$:
1 Additional set if located in the Bayshore/Gateway Triangle N/A
Redevelopment Area)
Copies of detailed 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 LDC (if any); List of Developer 24 24
Commitments (downioad application from website for current form)
Pre-coolication meeting notes 24 24
PUD Conceptual Master Site Plan 24" x 36" and One 8 V2" x 11" CODY 24 24
Revised ConceDtual Master Site Plan 24" x 36"and One B V2" x 11" CODY 24 N/A
Original PUD document/ordinance and Moster Plan 24" )( 36" - ONLY IF 24 N/A
AMENDING THE PUD
Revised PUD application with chanaes crossed thru & underlined 24 N/A
Revised PUD application w/amended Title page w/ord #'s, 24 N/A
LDC 10.02.13.A.2
2 Copies of the foHowing:
Deeds/Legal's & Survey (if boundary of original PUD is amended) 2 2
List identifying Owner 8. 011 parties of corporation 2 2
Owner/Affidavit signed 8. notarized 2 2
Covenant of Unified Control 2 2
Completed Addressing checklist 2 2
4 COpiel of .... following:
Environmental Impact Statement (EIS) and digital/electronic copy of EIS or
exemption justification 4 4
Historical Surveyor waiver request 4 4
Utility Provisions Statement w / sketches 4 4
Architectural rendering of proposed structures 4 N/A
Survey, signed 8. sealed 4 4
Traffic Impact Statement (TIS) or waiver 7 7
Recent Aerial Photograph (with habitat areas defined) min scaled 1"=400'
5 5
Electronic copy of 011 documents in Word format and plans (CD Rom or
Diskette) 1 1
Letter of No Objection from the U.S. Postal Service 1 1
Bob Mulhere
Applicant I Agent Signature
1/11/2010
Dote
~
-
Agenda Item No. 8A
April 27, 2010
Page 83 of 487
ORDINANCE NO.1 0 -
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,
FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS
MAP OR MAPS; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM RURAL AGRICULTURE (A) 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, FLORIDA,
CONSISTING OF 19.32::f: ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Robert J. Mulhere of RWA, Inc. and R. Bruce Anderson, Esquire of
Roetzel, & Andress, representing Sembler Retail II, 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.4f16/10
Page 10f2
Agenda Item No. 8A
April 27, 2010
Page 84 of 487
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:
FRED W. COYLE, Chairman
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams ~(U> 0
Assistant County Attorney ~.\~.(
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-00609/52
McMullen MPUD \ PUDz.-2007-AR-I1320
REV .4/16/10
Pagc 2 of2
-
EXHmIT A
McMULLEN MPUD
PERMITTED USES
Agenda Item No. 8A
April 27, 2010
Page 85 of 487
PERMITTED 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. 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. Personal Indoor Self-Storage Facilities, limited to a maximum of 92,500 square feet;
9. Hospital and Medical Service Plans (Group 6324);*'"
I O. Legal Services (Group 8111); *
II. Engineering Services (Group 8711)*
12. Architectural Services (Group 8712)*
13. Surveying Services (Group 8713) *
]4. Management Consulting Services (Group 8742);
]5. Management Services (Group 8741);
16. Medical Equipment Rental and Leasing (Group 7352);**
17. Medical and Dental 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,
4-16-2010
Page 1 of 13
Agenda Item No. 8A
April 27, 2010
b b d.ft. f: '1" d dru h b'l' F,'age 86 of 487
su stance a use care, etoxI Ication centers or acl mes, an g re a I ItatIon
centers or facilities, and youth shelters are prohibited.
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, limited to a maximum of 20,000 square feet);
23. Child Day Care Services (Group 8351);
24. Special Trade Contractors, Not Elsewhere Classified (Group 1799);*
25. Title Abstract Offices (Group 6541); and
26. Title Insurance (Group 6361).
27. Any other principal use which is comparable in nature with the foregoing list of
pennitted 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:
1. 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 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
of floor 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 contractorlbuildel'"
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 5000 square feet of floor 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 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
4.16.2010
Page 2 of 13
Agenda Item No. 8A
April 27, 2010
d 1 d. fr ' I d' b . l' . d h' . I d Paged87 of 487
an re ate III astructure, me u mg ut not Untte to arc Itects, engIneers, an surveyors an
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 fal1 under that limitation.]
.. These uses are permitted 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. Detoxification centers or facilities, and drug rehabilitation centers or
facilities shall not be allowed in this area.
u'" 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.
C. Prohibited Land Uses:
t. Drug or alcohol detoxification/treatment facilities, including, but not limited to methadone
clinics;
2. Mental health institutions providing on-site patient boarding or housing;
3. Homeless shelters or soup kitchens;
4. Sexually oriented businesses, including, but not limited to, adult lingerie stores, adult
book/video stores, sex apparatus and accessory stores;
5. Astrologers and fortune tellers;
6. Bail bonds offices;
7. Off-track betting services;
8. Correctional institutions and offender rehabilitation agencies/facilities;
9. Crisis and crisis intervention offices or housing facilities;
10. Day labor offices;
11. Limited price variety stores, such as dollar stores;
12. Checking and cash advance establishments;
13. Pawn shops and parlors (pool, gambling, and tattoo);
14. Probation offices;
15. Public welfare offices;
16. Tobacco stores;
t 70 Truck stops.
4-16-2010
Page 3 of 13
Agenda Item No. 8A
April 27, 2010
Page 88 of 487
EXHIBIT B
McMULLEN MPUD
DEVELOPMENT STANDARDS
Table 1 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 applicable sections of the LDC in
effect as of the date of approval ofthe SOP or Subdivision plat.
MAXIMUM INTENSITY:
This MPUD may be developed entirely with allowable commercial uses and/or community facility
uses. Accordingly, the MPUO intensity shall be as foJlows:
Commercial Intensity: 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 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 8th Edition
Operational Characteristics for Care Units
Care Units may be composed of one or more types of carelhousing 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 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. lndividual 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;
4-16-2010
Page 4 of13
-
Agenda Item No. 8A
Apri127,2010
. Page 89 of 487
. Independent living units shalt 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. 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.
T ABLE I
CO~RCIALUSEDEVELOPMENTSTANDARDS
:.~Er~O~~m.~]~~~'."';~~t~-n;",
MINIMUM LOT AREA
.. .":","~::: ."""~Ilf~~~~lt$: ~"_:" -~~~~~~~ USES ....
10,000 SQUARE FEET N/A
MINIMUM LOT WIDTH
100 FEET N/A
25 FEET... 25 FEET
25 FEET 10 FEET
15 FT. OR Yz TIlE SUM OF 10 FEET
BUILDING HEIGHTS ·
50 FEET 25 FEET
MINIMUM YARDS (MEASURED FROM
EXTERNALPUD
BOUNDARy)
PRESERVE SETBACK
MIN. DISTANCE BETWEEN
STRUCTURES
MAXIMUM ZONED HEIGHT (PRINCIPAL
STRUCTURES)
MAXIMUM ACTUAL HEIGHT
62 FEET
30 FEET
MINIMUM FLOOR AREA - COMMERCIAL
700 SQUARE FEET"
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 measW'ed
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.
Hi. If the parcel is served by a platted private drive, the setback is measured from the road
easement or property line.
4-16-2010
Page 5 of 13
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McMULLEN MPUD
MASTER PLAN
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April 27, 2010
Page 90 of 487
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487
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of 487
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Page 9 of 13
EXHIBIT D
McMULLEN MPUD
LEGAL DESCRIPTION
Agenda Item No. 8A
April 27, 2010
Page 94 of 487
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 TIIE WEST 80 FEET. The total acreage is approximately 19.32 acres.
4-16-2010
Page 10 of 13
.
Agenda Item No. 8A
April 27, 2010
Page 95 of 487
EXHIBIT E
McMULLEN MPUD
DEVELOPER COMMITMENTS
A. TRANSPORTATION
1. Within 180-days of the request of Collier County, the developer shall be responsible for] 00%
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 (CA 1) 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 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-or-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.
4-16-2010
Page 11 of 13
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April 27, 2010
Page 96 of 487
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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 "1" 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
1. 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
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 MPUD. This statement
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 statement must be presented to the potential buyer prior to entering into any
sales contract.
4-16-2010
Page 12 of 13
Agenda Item No. 8A
April 27, 2010
Page 97 of 487
2. Within 120 days of approval of this POO, 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 PUD shall be attached to the notice.
3. The eastern 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.
4-16-2010
Page 13 of13
Agenda Item No. 8A
April 27, 2010
Page 98 of 487
EXHIBIT A
McMULLEN MPUD
PERMITTED USES
PERMITTED 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. 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 contractorlbuilder construction trades
located within this MPUD only (Group 4225);
8. Personal Indoor Self-Storage Facilities. limited to a maximwn of 92,500 square feet;
9. Hospital and Medical Service Plans (Group 6324);**
10. Legal Services (Group 8111); *
11. Engineering Services (Group 871 1)*
12. Architectural Services (Group 8712)*
13. Surveying Services (Group 8713) *
14. Management Consulting Services (Group 8742);
15. Management Services (Group 8741);
16. Medical Equipment Rental and Leasing (Group 7352);**
17. Medical and Dental LaboratOlies (Groups 8071 - 8099)**
18. Mortgage Bankers and Loan COlTespondents (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,
4-t4lQ-20 1 0
Page 1 of 13
Agenda Item No. 8A
April 27, 2010
Page 99 of 487
substance abuse care. El\ emight detoxification centers or facilities, and evemight drug
rehabilitation centers or facilities, and youth shelters are prohibited.
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, limited to a maximum of 20,000 square feet);
23. Child Day Care Services (Group 8351);
24. Special Trade Contractors, Not Elsewhere Classified (Group 1799);*
25. Title Abstract Offices (Group 6541); and
26. Title Insurance (Group 6361).
27. Any other principal use which is comparable in nature with the foregoing list of
pernritted principal uses and deemed to be consistent with the Future Land Use
Element of the Growth Management Plan, as determined by the Board of Zoning
Appeals ("BZA") by the process outlined in the LOC.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with the pernritted 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 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
of floor area; ***
3. Paint, Glass, and Wallpaper Stores (Group 5231), limited to 5000 square feet of floor
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 detennined by the
Planning Services Director, or designee, limited to 5000 square feet of floor 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 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
4-t4lQ-20 I 0
Page 2 of 13
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 coutractorlbuilder 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 !4 mile offset from the hospital to the south as depicted on Exhibit C,
MPUD Master Plan. Overnight t1etexifieaticlIl Detoxification centers or facilities, and
ovtl/llight 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.
Agenda Item No. 8A
April 27, 2010
Page 100 of 487
Prohibited Land Uses:
1. D:u~ or alcohol detoxification/treatment facilities. including, but not limited to methadOn~ =: ~::::: 1"
clmlcs;
C.
2. Mental health institutions providing: on-site patient boarding or housing;
3. Homeless shelters or soup kitchens;
4. Sexually oriented businesses. including:, but not limited to, adult lingerie stores, adult
book/yideo stores, sex apparatus and accessory stores;
5. Astrologers and fortune tellers;
6. Bail bonds offices;
7. Off-track betting services:
8. Com.'ctional institutions and offender rehabilitation agencies/facilities:
9. Crisis and clisis intervention offices or housing facilities;
] O. Day labor officcs;
] I. limited price variety stores. such as dollar stores:
12. Checking and cash advance establishments:
13. Pawn shops and parlors (pool. gambling:. and tattoo);
14. Probation offic~
J5. Public welfare offices;
.16. Tobacco stores;
17. Truck stops. "-___
4--l4l!i-20 1 0
Page 3 of 13
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Agenda Item No. 8A
April 27, 2010
Page 101 of 487
EXHIBIT B
McMULLEN MPUD
DEVELOPMENT STANDARDS
Table 1 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 applicable sections of the LDC in
effect as of the date of approval of the SOP or Subdivision plat.
MAXIMUM INTENSITY:
This MPUD may be developed entirely with allowable commercial uses and/or community facilityf
ifl5titutienal 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 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 Intensitv: The intensity of any care unit shall have a maximum Floor Area Ratio (FAR) of
0.60. This FAR is applicable to Pennitted 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, lTE 8th Edition
Operational Characteristics for Care Units
Care Units may be composed of one or more types of carelhousing facilities. These carelhousing 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 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;
4-MlQ-201O
Page 4 of 13
. 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 hathrooms 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. Condominium,
and/or property owners' association boundaries shall not be utilized for detennining
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
CO~RCL\LUSEDEVELOPMENTSTANDARDS
DEVELOPMENT STANDARD PRINCIP ALUSES ACCESSORY USES
. IncIlulin~ 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
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PRESERVE SETBACK 25 FEET 10 FEET
MIN. DISTANCE BETWEEN 15 FT. OR Y, THE SUM OF 10 FEET
STRUCTURES BUILDING HEIGHTS *
MAXIMUM ZONED HEIGHT (PRINCIPAL 50 FEET 25 FEET
STRUCTURES)
MAXIMUM ACTUAL HEIGHT 62 FEET 30 FEET
MINIMUM FLOOR AREA - COMMERCL\L 700 SQUARE FEET** 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.
iii. If the parcel is served by a platted private drive, the setback is measured from the road
easement or property line.
4-+412-2010
Page 5 of 13
Agenda Item No. 8A
April 27, 2010
Page 102 of 487
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Agenda Item No. 8A
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Page 9 of13
Agenda Item No. 8A
April 27, 2010
Page 106 of 487
Agenda Item No. 8A
April 27, 2010
Page 107 of 487
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 COUNlY. FLORIDA, LESS THE WEST 80 FEET. The total acreage is approximately 19.32 acres.
4-J.4]&- 2010
Page 10 of 13
Agenda Item No. 8A
April 27,2010
Page 108 of 487
EXHIBITE
McMULLEN MPUD
DEVELOPER COMMITMENTS
A. TRANSPORTATION
1. 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 lien 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 the
Collier County Alternative Transportation Modes (ATM) 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.
4-J.4lQ-20l0
Page 11 of13
Agenda Item No. 8A
April 27, 2010
Page 109 of 487
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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 "1" 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
I. There shall be a minimum of 0.84 acres ofCoIlier 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
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 MPUD. This statement
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 statement must be presented to the potential buyer prior to entering into any
sales contract.
4...J.4lQ-20 1 0
Page 12 of 13
Agenda Item No. 8A
April 27, 2010
Page 110 of 487
2. Within 120 days of approval of this PUD, 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 PUD shall be attached to the notice.
3. The eastern 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.
4-+4lQ-20 1 0
Page 13 of13
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Agenda Item No. 8A
April 27,2010
Page 112 of 487
Item VL..A..
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF DECEMBER 3. 2008
I. NAME OF PETITIONER/PROJECT
Petition No.: PUDZ-2007-AR-11320
Petition Name: McMullen MPUD
Applicant/Developer: Sembler family Partnership #42, Ltd.
Engineering Consultant: RW A Consulting, Inc
Environmental Consultant: Passarella and Associates
II. LOCATION
The subject property is generally located 'it mile east of the northeast quadrant of
the Collier Boulevard (CR951)/Rattlesnake-Hammock Road (CR864)
intersection, in the south 'it of the Southeast ~ of the Southwest ~ of Section 14,
Township 50 South, Range 26 East, Collier County, Florida.
III. 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 (DR!) 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 Regional Impact (DR!)
Swamp Buggy Grounds
and vegetated lands
W - Hammock Park Commerce Center PUD
approved for 200,000 square feet of
commercial (retaiL including up to
50,000 feet of office floor area)
Vacant Lands
IV. PROJECT DESCRIPTION
EAC Meeting
Agenda Item No. 8A
April 27, 2010
Page 113 of 487
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.l]. 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 "114
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. 8A
April 27, 2010
Page 114 of 487
Page 3 00
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 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
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
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
~ses (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- 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
EAC Meeting
Agenda Item No. 8A
April 27, 2010
Page 115 of 487
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 1, 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 Manaeement 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 stormwater 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. SA
Apri/27,2010
Page 116 of 487
Page 5 of5
developments that were developed prior to the implementation of modem 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 defined 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 Co.nservation Commission (FFWCC) and the US Fish and Wildlife
Service (USFWS).
VI. MAJOR ISSUES
A. Stormwater Manaeement
EAC Meeting
Agenda Item No. 8A
April 27, 2010
Page 117 of 487
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 0.15 cubic feet per second per acre (cfs),
so for what is roughly an 18 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 951, flows over a
weir just north of Route 41, 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 # 1l-02130-P, issued qn October 10, 2002 for the entire 35.13
acres known as "Hammock Park Commerce Center" was included with the EIS
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. SA
April 27, 2010
Page 118 of 487
Page 7 of7
The Project site is highly disturbed and invaded by melaleuca. Of the 19.32:1::
acres on the Project, 2.80:1:: 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 15.01:1:: 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 14.26:1:: acres of SFWMD wetlands. These
wetland impacts have already been authorized by SFWMD Permit No. 11-02130-
P) issued on October 10, 2002 (Exhibit 11). The SFWMD approved wetland lines
have been survey located and are depicted on the FLUCFCS and wetlands maps.
3. Preservation Reauirements
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 0.84:1:: acre Collier County preserve area consisting of wetlands and
uplands. In addition, 2.39:1:: 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 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 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
0.84:1:: acre preserve area on its northern boundary. This preserve area incorporates
0.03:1:: acre of native upland habitat. The remaining 0.81:1:: acre of the preserve
area consists of melaleuca wetlands and uplands. The exotics will be removed
EAC Meeting
Agenda Item No. SA
April 27, 2010
Page 119 of 487
Page 8 of8
from the preserve area and a native plant community will be re-created in the
0.81:1:: acre of wetlands. Plantings will be conducted per LDC requirements for
created preserves. The 0.03:1:: 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 (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).
VII. RECOMMENDATIONS
Staff recommends approval ofPUDZ-2007-AR-11320 McMullen MPUD with the
following stipulation:
Environmental and Stormwater Manaeement:
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. 8A
Apri/27,2010
Page 120 of 487
Page 9 of9
PREPARED BY:
STAN CHRZANOWSKI, P.E. DATE
ENGINEERING REVIEW MANAGER
ENGINEERING SERVICES DEPARTMENT
SUMMERARAQUE 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. SA
April 27, 2010
Page 121 of 487
Page 10 of 10
SUSAN MASON DATE
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
WILLIAM D. LORENZ, Jr., P.E. DATE
ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR
JEFF WRIGHT DATE
ASSISTANT COUNTY ATTORNEY
OFFICE OF THE COLLIER COUNTY ATTORNEY
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-#42, 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
Page
Introduction.. .................... ................................ ....... ..... ............... ............. .................... .......... ........1
10.02.02 (A) 4. Information Required for Application
a. Applicant Information...... ....... ....... ........ .... ............. ..... ............ ................................ ....1
b. Mapping and Support Graphics. ................... ....................... ........ ........ ........... .............1
c. Project Description and GMP Consistency Determination..........................................4
d. Native Vegetation Preservation.... ..... ................ ................ .................. ................... ..... 7
e . Wetlands .....................................................................................................................1 0
f. Surface and Ground Water Management....................................................................ll
g. Listed Species........ ................ ...... .......... ........................................................ ........... ..13
h. Other .......................... .................... ................ .......................... ..... ............................. .18
References......... .................... .... ........................ ........................................................................... .20
Figure 1.
LIST OF FIGURES
Page
Project Location Map... .......... ...... ........ ..... ..... ........... ............................ ............. ....2
11
Table 1.
Table 2.
Table 3.
Table 4.
Table 5.
Table 6.
Table 7.
LIST OF TABLES
Page
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............ ........................................................... ................... ........15
Listed Plant Species That Could Potentially Occur on the
McMullen Parcel........ ......................................................................... ................. .17
11l
LIST OF EXHIBITS
Page
Exhibit 1. Resumes........ ............... ...... .......... ....... ............... ............................... ...... ....... .... E 1-1
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 WetIand Preserve Maps .................................... ....................... .....El 0-1
Exhibit 11. SFWMD Permit No. 11-02130-P and StaffReport.........................................El1-1
Exhibit 12. FLUCFCS Descriptions...... ......................... ................... ........ ...... ....... ............ E12-1
Exhibit 13. Native Vegetation Maps........................................ .......................... ....... .......... E13-1
IV
List of Exhibits (Continued)
Page
Exhibit 14. WRAP Analysis Summary Sheets ...................................................................EI4-1
Exhibit 15. Listed Species Survey........................... ....................... ........ ....... ..... ..... ...........E 15-1
Exhibit 16. Red-Cockaded Woodpecker Foraging Surveys Summary ...............................EI6-1
Exhibit 17. Documented Occurrences of Listed Species....................................................EI7-1
Exhibit 18. Preserve Area and Listed Species Management Plan ......................................E18-1
Exhibit 19. USFWS Comment Letter.......... .......... ................ ....... ...................... ........ ........ E 19-1
Exhibit 20. Phase I 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 10.02.02(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 I.
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
i. General location map.
A Project location map is provided as Figure 1.
11. 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 Department of Transportation - Florida
Land Use. Cover and Forms Classification System (FLUCFCS) (Florida Department
of Transportation I999) 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
1
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Sl
~
j
!
E
~
~
N
*r:/
W E
j?~
S
"\
\
~~.
~f
-~PROJECT LOCATION
-~ L",. ~ -SEC 14, TWP 56 S, RGE 26 E
FIGURE 1. PROJECT LOCATION MAP
McMULLEN PARCEL
PASSARELLA and ASSOCIATES. INC.
Consulting Ecologists
DRAWN BY: J.1. 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
(Le., 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 mela1euca 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 1.
Table 1.
FLUCFCS Codes and Acreages
FLUCFCS Description Acreage Percent
Code of Total
4119 E2 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, Hydric, 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 ofthe property is provided as Exhibit 5 and a description
of these soils is provided in Table 2.
Table 2.
Soil Types
~oil, .
Unit:
21
49
Boca Fine Sand
HalIandale 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 adjoining
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 wildlife 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 19.32:1:: acres and incorporates both commercial and residential
uses. Of the 19.32:1:: acres, 1.73:1:: 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 1). 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 ofthe Project site is attached as Exhibit 2.
The Project contains 15.01:1:: 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 19.32:1:: acres on the Project, 2.80:1:: acres are considered native
vegetation habitats 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 0.84:1: acre Collier County preserve area
consisting of wetlands and uplands. In addition, 2.39:1:: acres of other agency
preserves are included on-site. For further 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 lOR
5
The construction of the Project will result in impacts to 14.26:1:: acres of SFWMD
wetlands. These wetland impacts have already been authorized by SFWMD Permit
No. 11-02130-P) issued on October 10,2002 (Exhibit 11). 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 of 0.76:1::
acre of wetlands and enhancement. and preservation of 0.08:1:: 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. 11-02130-P). This
permit includes the subject parcel as well as an adjacent 18.15:1:: 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 ofthe 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 40:1:: 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. ofthe 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 cd teria 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 90-10.
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 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 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
i. Identify the acreage and community type of all upland and wetland habitatsfound on
the Project site, according to the Florida Land Use, Cover and Forms Classification
System (FLtJCFCS). 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 LDe.
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 CCME.ofthe Collier County GMP, 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 4241 were used to
identify the vegetative communities having less than 25 percent native vegetation in
the canopy (greater than 75 percent coverage by melaleuca 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 GMP. The native vegetation
on-site totals 2.80:1:: 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
AcresJl;e Acreaf!e
4119 E2 Pine Flatwoods, Disturbed 1.72
(25-49% Exotics)
424 Melaleuca 0.86
4241 Melaleuca, Hydric 13.93
6259 E3 Pine, Hydric, Disturbed 1.08
(50-75% Exotics)
740 Disturbed Land 1.32
814 Road 0.41
Totals 2.80 16.52
Minimum Retained Native Vegetation
Requirement 0.42
(Native Veeetation Acreaee 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 pre.servation 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 of the native vegetation retention requirements may be allowed."
The native vegetation retention requirement for the Project is 0.42:1:: acre. To satisfy
the native vegetation retention requirement, the Project provides a 0.84:1:: acre
preserve area on its northern boundary. This preserve area incorporates 0.03:1:: acre of
native upland habitat. The remaining 0.81:1:: 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 0.81:1:: acre of wetlands.
Plantings will be conducted per LDC requirements for created preserves. The 0.03:1:
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
0.84:1: acre Collier County preserve area will be placed under a conservation easement
dedicated to Collier County.
In addition, the approved SFWMD preserve area is 1.95:1:: 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 3.23:1: acres
located on the north boundary of the Project. The total acreage of preserve area for
the Project totals 3.23:1:: acres. The proposed 0.84:1:: acre of Collier County preserve is
included in the 3.23:1:: 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 LDe.
Not applicable.
iv. Have preserves or acreage requirements for preservation previously been identified
for the site duringprevious development order approvals? lfso, identify the location
and acreage of these preserves, and provide an explanation if they are different from
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
i. 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 FZoridaLand 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 15.01:1:: 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 10,
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/CoJlier County Wetlands and "Other Surface Waters"
FLiJCFCS Description Acreage
Code .
4241 Melaleuca, Hydric 13.93
6259 E3 Pine, Hydric, Disturbed (50-75% Exotics) 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 of 9.65 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 14.26:1:: 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 3.23:1:: acres of the Project site,
including a 0.84:1:: acr:e Collier County preserve. The mitigation plan involves the
enhancement and preservation of2.96:1: acres of wetlands, and 0.27:1:: acre of uplands.
Within the Collier County preserve, 0.76:1:: acre of wetlands and 0.08 :I:: 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 of their
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.
11
The site is bounded to the 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 of land 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
system 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
NGVD based on the wet season water table contour map. The control elevation has
been verified by the stage hydro graph 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.
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 lOa-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.
ii. Provide an analysis of potential water quality impacts of the Project by evaluating
water quality loadings expected from the Project (post development conditions
considering the proposed land uses and 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 impactingfive (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. 11-02130~P) (Exhibit 11).
The site has been permitted based on the SFWMD parameters and any modification
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
i. 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 1 I, 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.
13
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
FWCC - Florida Fish and Wildlife Conservation Commission
USFWS - U.S. Fish and Wildlife Service
E - Endangered
SSC - Species of Special Concern
T - Threatened
T (S/ 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 of listed 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
T 4119,6259
Falco sparverius paulus
Mam.mals
E
T
E
6259
4119,6259
Big Cypress Fox
S uirrel
Florida Black Bear
Florida Panther
T
424, 4241,
4119,6259
4119,6259
4119,6259
Ursus american us
oridanus
Puma concolor co
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 (Gooherus polvohemus)
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 couoeri)
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 et al. 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 soarverius paulus)
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 et al. 1996).
No Southeastern American kestrels were found on-site.
Big CyPress Fox Squirrel (Sciurus niger 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
Proj ect 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 Could Potentially Occur on the
McMullen Parcel
E
P()te~p.~1
Location
(FLVgrcs
. Code
6259
6259
4119
6259
4119,6259
4119,6259
4119
6259
Tillandsia utriculata
T
E
E
C
T
Simpson's zephyr lily
Zamia oridana
Zephyranthes
sim 'Sonii
FDACS - Florida Department of Agriculture and Consumer Services
USFWS - U.S. Fish and Wildlife Service
C - Commercially Exploited
E - Endangered
T - Threatened
iii. Indicate how the Project design minimizes impacts to species of special status.
Describe the measures that are proposed as mitigation for impacts to listed species.
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 oj 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 COE for the Project (COE Permit
Application No. SAJ-1999-04926). The COE permit application and the Biological
Assessment apply to 40:1:: acres which includes the McMullen Parcel and the
Hammock Park Commerce Center to the west. The COE 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 COE'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
i. For multi-slip dockingfacilities 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 ofthis report is included as
Exhibit 20.
v. Provide documentation for 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
(ARC) 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. 550-010-001.a. Third Edition.
Florida Exotic Pest Plan Council. 2005. List of Florida's Invasive Species. Florida Exotic Pest Plant
Council. Internet: www.fleppc.org./05list.htm.
Florida Fish and Wildlife Conservation Commission. 2006. Florida's Endangered Species,
Threatened Species and Species of Special Concern. Official Lists. Florida Fish and
Wildlife Conservation Commission. Tallahassee, Florida.
Humphrey, S.R. 1992. 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, lA., Jr., S.T. Schwikert, and A. Shapiro-Wenner. 1996. Nesting habitat of wood storks in
north and central Florida, USA. Colonial Waterbirds 16:1-21
Runde, D.E., J.A. 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. .
Determined 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 Uniform 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 surveys; and
wetland monitoring.
B.A. Animal Science, 2003
University of Florida, Gainesville, Florida
M.A. Environmental Science, 2006
Florida Gulf Coast University, Fort Myers, Florida
Intern, South Florida Water Management Districf (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
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Legend:
G! McMULlEN PARCel.
G HVDRIC
o NON-HvDRIC
Soli Unit
21
49
Description
BOCA FINE SAND
HALLANDALE AND BOCA FINE SANDS
Hydric
NO
YES
AERIAL PHOTOGRAPHS WERE ACOUIRED
THROUGH COLLIER COUNTY PROPERTY
APPRAISER'S OFFICE WITH A FLIGHT
DATE OF JANUARY 2007.
ROADWAY NETWORKS WERE ACQUIRED
FROM THE FLORIDA GEOGRAPHIC DATA
LIBRARY WE9SITE.
o
200
400
600
SOILS MAPPING WAS ACQUIRED FROM
THE FLORIDA GEOGRAPHIC DATA LIBRARY
WE9SITE OCTOBER 2007 AND CREATED BY
THE NATURAl RESOURCES CONSERVATION
SERVICE 1990.
Feel
D1v.WN IIY
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EXHIBIT 5. SOILS MAP
MCMULLEN PARCEL
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5/22/08
I>AT!;:
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5/22/08
lU.VIS&O
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UPLAND AND WETLAND PRESERVE MAPS
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EXHIBIT 11
SFWMD PERMIT NO. 11-02130-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 elliottii), 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 (Callicarpa americana),
saltbush (Baccharis halimifolia), hog plum (Prunus umbel/ata), 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.
Melaleuca. Hydric (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. Hydric. Disturbed (50 - 75% Exotics) (FLUCFCS Code 6259 E3)
The canopy of this wetland community consists of slash pine, cabbage palm, and 50 to 75 percent
coverage by melaleuca. The sub-canopy contains scattered slash pine, cabbage palm, myrsine
(Myrsine jloridana), 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, gulfdune paspalum
(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
(Bid ens pilosa).
Road (FLUCFCS Code 814)
This area is a paved road (Rattlesnake Hammock Road) which contains no vegetation.
E 12-1
EXHIBIT 13
NATIVE VEGETATION MAPS
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EXHIBIT 14
WRAP ANALYSIS SUMMARY SHEETS
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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
17.59:1:: 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 1).
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 (Paleo sparverius paulus), bald eagle (Haliaeetus leucocephalus),
state listed wading birds, wood stork (Mycteria americana), Big Cypress fox squirrel (Sdurus niger
avicennia), Florida black bear (Ursus american us jloridanus), 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
SURVEY RESULTS
No listed wildlife species or their sign (Le., tracks, scat, nests, burrows, etc.) were observed on the
property during the January 2007 listed species survey.
E15-2
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~ McMULLEN PARCEL
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PASSARELLA and ASSOCIATES, INC.
Consulting Ecologists
DRAWN BY: J.1. DATE: 5/10/06
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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 suitabl~ pine habitats located on the 40:1: 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 31 2003 and from November 3,
2003 through November 11,2003. Nesting season and cavity tree foraging surveys for the RCW
were conducted from May 4 through May 14, 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 Proj ect began at approximately 6: 00 a.m. (one hour before
sunrise) and ended by 11 :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 11 :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 survey 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 16-1
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
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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 McMullen
Parcel (Project). The Project is 19.32:1:: acres located in Section 14, Township 50 South, Range
26 East, Collier County. More specifically, 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 0.84:1:: 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 Passarella & 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 following 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 0.81:1:
acre of native wetlands and enhancing and preserving 0.03:1:: 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 pulling of
exotic seedlings and cattails (Typha spp.).
The 0.81::1: acre of wetlands within the preserve area consists of greater than 75 percent exotic
coverage and will be planted with native wetland plantings following the removal of exotics.
E 18-1
Planted tree species will consist of slash pine (Pinus e/liottii), 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 (LDC) Section 3.05.07.H.1.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 LDC. 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 currently 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 bums 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 bums.
E18-2
EASTERN INDIGO SNAKE
The following management plan outlines the protection guidelines that will be implemented for
the Eastern indigo snake during site clearing operations for the Project. A qualified biologist will
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 will 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 11 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 kill 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 will 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.
E18-3
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
1. 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
1. 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
3941 Tamiami Trail, Suite 3111
Punta Gorda, Florida 33950
Phone: (941) 575-5784
Fax: (941) 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.
E 18-4
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 0.84:1: 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 the 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 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 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 of the 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" will be
installed along the interface of the development and preserve. The sign age 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.
EI8-8
EXHIBIT 19
USFWS COMMENT LETTER
FISH AND WILDLIFE SERVICE
South Florida geological Services Office .
...1339 201h Street . .
Vero Beach, Florida32960 .
June 19,2007
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-F A~0023
Service Consultation Code: 41420-2006-F~0018
Corps Application No.: SAJ-1999-4926
Date Received: August II, 2006
Applicant: Sembler Family Pllltnership #42, LTD
Proj ect: Commercial development
County: Collier
Dear Mr. Hobbie:
The Fish and Wildlife Service (Service) has reviewed the U.s. Al1uy Corps of Engineers'
(Corps) letter to the Service dated August lO, 2006, and attachments, including a Biological
Assessment prepared by Passarella and Associates, Incorporated (P AI), 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 D.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 etseq .).
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 Semb1er Family Partnership #42, LTD. The
38. 17-acre proj ect 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 flatwoods (Pinus elliottii
var. densa), 9.4 acres of cypress (Taxodium distichum) lllld pine, 3.4 acres of scrub and palmetto
(Serenoa repens), 1.9 acres of cypress, 1.5 acres of cabbage palm (Saba! palmetto), 0.9 acre of
wet prairie, a Oo4-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 a.l-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 of 5049 acres of wetlands on site and the
purchase of 11.07 credits from Big Cypress Mitigation Bank (BCMB).
TAKE PRIDE~~
INAMERlCA~
David S. Hobbie
Page 2
The proposed project is bounded on the north by undeveloped land, 011 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 adj acent 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 detern1ined that this project "may affect, but is not
likely to adversely affect" the threatened eastern indigo snake (Drymarchon corais couperi). As
any pe1111it issued will be conditioned SUC1l that the applicant will adhere to the Service's draft
Standard Protection Measures for the Eastern Indigo Snake (Service 2002) during proj ect
activities, the Service concurs with tIns determination.
Wood stork
In their Public Notice dated M~y 1, 2002, the Corps determined this project "may affect, but is
not likely to adversely affect" the endangered wood stork (Mycteria americana). In our1etter of
November 13,2002, the Service did not concur and requested information pe11aining 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.
P AI's Biological Assessment and letter to the Corps dated June 7, 2006, provided information on
site hydrology, and other infonnation pertinent to wood stork utilization, tln"ough both a wetland
functional assessment and a wood stork foraging habitat assessment. Subsequently, the Corps
reiterated their detelminatio~ in their letter of August 10, 2006. Site utilization by wood storks is
presently affected by the density of canopy and mid-story/groundcover 011 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 11.07 credits in BCMB translates to about 14.9 acres of wetland restoration in this
bank 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 witb the Corps determination.
Red-cockaded woodpecker
In their Public Notice. the Corps detennined that this project "may affect, but is not likely to
adversely affect" the endangered red-cockaded woodpecker (ReW) (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 the Service's 2002 SLOPES for the RCW.
David S. Hobbie
Page 3
The project si te comprises 32.62 acres of forested habitat supporting slash pines mixed with
cypress and cabbage palm, with varying infestations ofmelaleuca in excess of75 percent of
cover. Turrell and Associates, IncorPonited, perfomled listed species surveys during 10 days in
July 1999. P AI performed cavity tree and foraging surveys during the non-nesting season (2003)
and nesting season (2004) in accordance with tlle Service's RCW-specific SLOPES. NQ
evidence of cavity trees or RCW activity was observed during surveys. SubS"equently, the Corps
reiterated their detelmination in their letter of August 10, 2006. There appear to be three historic
colonies within 1 mile of the 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 cal.ollies located several 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 wi th the. Corps I detelmination.
Florida panther
In their Public Notice, the Corps determined this project "may affect, but is not likely to
adversely affect" the endangered Florida panther (Puma conca/or coryz). In our response, we
provided documentation ofpal1ther 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. P AI'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 detemlination in their letter of August 10, 2006. The Service
cannot concur with the COlPS' effect detelmination, as the project is the panther Primary Zone as
established by Kautz et at (2006) and is in close proximity to significant telemetry and vehic\.!lar
collision documentation. The Service recommends the Corps revise their determination such
that the project "may affect" the Florida panther. In order to effectively ascertain the effect of
this project on the panther alld in order for the Service to initiatefonnal consultation in
accordance with 50 CFR 402. f4, we request the following additional information:
Proie~t Effects and Proiect Conservation Measures:
] . An estimate of the incr.ease 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 increa~e 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 figure 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. 411 and 1-75. There have been three vehicular
collisions involving panthers documented along CR 951 in the vicinity of the proposed project.
Within 5 miles of the property, there l1ave 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 ~dverse effects of the
proposed project to Florida panthers and impact& 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 pr~iect effects to the Flqrida panther, the Service considers the contributions project
lands provide to the Florida panther, recognizing 110t all habitats provide the same functional value.
Kautz et al. (2006) al.so 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 pfhabitats to dispersing panthers. The FWC's .habitats 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 a1. (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 ofthat 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 110t 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 summed 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 of a project in the landscape of the, core area of the Florida panther is also.
important. Lands in the Primary and Dispersal Zones are ofthe 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 low~r importance.
Qther Proiects Within a 25-~i1e Radius (Action Area) of the Proiect Site:
Using data provided in the Biological Assessment, providea separate table showing a
comprehensive action area list of those projects having less than 5 percent wetIallds,onsite and
total the acreage. This estimate wilI be a component of the acreage. that could be expected to be
developed within the action area without Federal pemlit involvement through Corps pennitting
pursuant to the Clean Water Act.
Digital Data:
Please provide all graphics in the Biological Assessment in JPEG format for 8 1/2 by 11 inch
paper. Use the Service's Panther Focus Area in lieu of the previous Cons~ltation 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
of fish and wildlife. They can provide nesting, resting, and feeding sites for a variety of wading
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 onsiteare considered by the
Service to be valuable in terms 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 excavate28.54 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 1] .07 credits from BCMB.
A wetland functional assessment was provided by P AI. Assessment results show a pre-proj ect
site score of 12.59 and a post-project site score of 3.32, translating into a 9.27 debit.
Functionally speaking, th'is 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 sectio1l404(b)(1) Guidelines and
the Service's Mitigation Policy, the applicant must demonstrate that wetland impacts onsite have
been avoided and minimized to the extent practicable, prior to final agency consideration of
compensatory mitigation.
David S. Hobbie
Ps:ge 6
Thank you for your cooperation and effort in protecting the natural resources of sDuthwest
Florida. If you have any questions, please contact Brad Rieck at 772.562-3909, extension 231.
Sincerely yours,
4~P,1JJ~
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
lZJ Primary Zone
rs:::J Secondary Zone
m Dispersal Zone
IIIllll Primary Dispersal I Expansion Area
Palm BMCIi
,- - - -; Original Panther Consultation Area
I - - - , South of the CaJoosahatchee River
I SFESO SerylceArea
_ Dispersal Pathways (Thatcher 2006)
o
.
o
f
10
20 3l
4)
fiO
m
N
~~lomelerS A
~I..
2J
40
"
, "
~.
EXHIBIT 20
PHASE I ENVIRONMENTAL SITE ASSESSMENT
BY ARDAMAN & ASSOCIATES, INC.
PHASE I
ENVIRONMENTAL SITE ASSESSMENT
HAMMOCK PARK COMMERCE CENTEW
MCMULLEN PROPERTY
8536 COLLIER BOULEV ARO
NAPLES, COLLIER COUN1Y, FL.,ORIDA
Ardaman & Associates, Inc.
OFFlCES
Orlando, 800a S. Orange Avenue. Orlando, Florida :~2809. Phone (4.0"1) 8fi5.38GO
Bartow, 1525 Centennial OriwJ, Bartow. Florida 33830, PMn8 (86:3) 533-0858
COCOll:, 1300 N. Cocoa Blvd., Cocoa, Florida 32922, Phone" (321) 632-2503
Fort Myers, 9970 Bavaria ROad, Fori Myers, Florida :33913, PI'\cme (239) "i'68-6600
Miami, 2608 W. 841h Slreet, Hialeah, Florida 330'l6, Phone (305) 825-2683
Port Charlotte, 740 Tarniami Trail, Unit 3, Port Charlotte, Florida 33fi54 , Phone (941) 624-:3393
Port Sf. Lucie, 460 Con0ourse Place NW, Unil 1, Pc)rl St. Lucie, Florida 34986, Phone (772) 8'18-0072
Sarasota, 2500 Bee Ridge Road. Saraso!a, Florida 342:~9, Phone {H41} 922<~526
Tallahasseo. 317S West Tharpe Stroet, Tallahassee, Florida 32303, Phone (850) 576-6131
Tampa, 3925 Coconul Palm Drive. Suite 115, Tampa, Rorida 33619, Phone (813) 620-3389
West Palm Beach, 2200 Norlh Florida Mango noad, Suite 101, West Palm Reach, Florida :n409. Phone (561) 687-8200
MEMSl:RS:
^.S.F.E.
#....mem;ao C(mCrel~ 1f\$1rtute.
~miH'k:M SociillY"" .r"sling ond MalCr..-.Js
Florida Insciru1!: ()f Ct)hSIJ!ll~', Enr,iflOurs
Ardaman & Associates, Inc.
Geotechnical, El1vlron>"~lllal ,lro
Mlltorials C:1)(1sult(i/a~
PHASE I
ENVIRONMENTAL SITE ASSESSMENT REPORT
FOR
HAMMOCKPARKCOMMERCECENTE~
MCMULLEN PROPERTY
8536 COLLIER BOULEVARD
NAPLES, COLLIER COUNTY, FLORIDA
PREPARED FOR
THESEMBLERCOMPANY
7601 NORTH FEDERAL HIGHWAY, SUITE 215-8
BOCA RATON, FLORIDA 33487
A TTN: MR. MIKE TROXELL
PREPARED BY
ARDAMAN & ASSOCIATES, INC.
9970 SA V ARIA ROAD
FORT MYERS, FLORIDA 33913
FILE NO. 07-4711
FEBRUARY 8, 2007
'}970 l)aVQ(l~ Fwa'l. For: MyErs, F:(~';':!rl 339',3 PilON, i2.1(ll 768.6(;00 FAX 1239i '!i)!!-(J409
Oh;~" ;,,: e("IO~t CC<':N.. 1'0,1 Myp,:'!l. Mi:wd, O:lllOdO. Patt GI""loue, Port 51. lHCill. Sara$"Ifl.. '?IIUM$SM rarnpa. W. Palm accid;
TABLE OF CONTENTS
SECTION
PAGE NO.
1.0 EXECUTIVE SUMMARY .-...... ........ ............. .......... ................ ......... .......... ...................... 1
2.0 INTRODUCTION..................... ..................................................... ....... ................... .........3
3.0 SITE DESCRiPTION.................. .................... .... .................................... ............... ..........7
4.0 USER PROVIDED INFORMATION... ....... ........ .......................... ......... ................... .........9
u
5.0 RECORDS REVIEW ..................................................................................................... 11
6.0 PHYSICAL SETTING SOURCES............................................ ................ ...................... 17
7.0 HISTORICAL REVIEW........................................... ............ ..... .............. ........................19
8.0 SITE RECONNAISSANCE ........... .................. ............. ................. ................................. 21
9.0 INTERViEWS................. .... ....... ........ ............................ ................... ....... ................. ..... 24
10.0 'DA TA GAPS......... ........... ............. ....... ........................ ............................ .......... ..... .......25
11.0 F1NDfNGS................. ....... ...... ......... ....... ...... ............... .......... ......... ................. ..............26
12.0 OPiNIONS............. ........ .............. ....... ............ ........ .................. ........... ................. .........27
13.0 CONCLUSIONS... ..................... ............. .......... ......... ...... .......... .............. ................ ......28
14.0 RECOMMENDATIONS ........ ......................... ........... ........... ............. .............................29
15.0 REFERENCES............. .......... .................. ...... ............. ........ ...... ...... _...... ...... ........... .....30
16.0 SIGNATURES OF ENVIRONMENTAL PROFESSiONAlS.......................................... 31
17.0 QUALIFICATIONS OF ENVIRONMENTAL PROFESSIONALS PARTICIPATING IN ESA ........32
18.0 FIGURES.......... .................. ......... ..................... ........ ................................. ...................33
19.0 TABLES........... ............ ..... ........... ......... .......... ................". ...... ..................... .......34
20.0 APPE NDICES...................................".......................... ........ .................. ........... 35
Ardaman File No. 07-4711
The Sembler Company
February 8. 2007
1
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 Practfce 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 Limitationsft (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.
4 The Polk City Directories did not identify any historical uses that were likely to
indjcate 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 obseNed.
. Information obtained from the FirstSearch ™ report andfor 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.
Ardaman File No. 07.4711
The Sembler Company
February 8.2007
2
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, cor:sisting 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
3
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 assocrated 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
Environmen.tal 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 occupying
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 SQurces 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
4
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 Hmited 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 thai 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 CUENT requested that Ardaman & Associates, Inc. petiorm this Phase I ESA to
identify recognized environmental conditions, defined as the presence or likely presence
of any hazardous substances or petroleum prOdltcts 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.
Ardaman File No 07-4711
The Sembler Company
February 8. 2007
5
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 USGS/Microsoft
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 j ESA
and an Environmental Questionnaire and Disclosure Statement for the site owner
or representative. Conducted interviews with Site Manager(s) and/or
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 34-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,
Of storage on-site and adjacent to the site.
6. Performed a drive-by of the area wlthin a X-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
7
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 AND LEGAL DeSCRIPTION
The 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 site is accessed by the Florida Sports Park access
road to the south and the Florida Power and Light power line 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 J.
3.3 CURRENT USES OF THE PROPERTY
As shown in Figure 3, the subject property is currently 40-acres of undeveloped.
densely vegetated land.
ArcJaman File No. 07-4711
The Sembler Company
February 8.2007
8
3.4 DESCRIPTIONS OF STRUCTURES, ROADS, OTHER IMPROVEMENTS
The current improvements on the property include the power line easement that runs
nortl1 to south through the center of the subject site.
Ardaman File No. 07 -4 711
The Sembler Company
February 8. 2007
9
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-title 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 fol' 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 loca/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 not provide any information regarding specialized knOWledge of the
subject site.
4.4 COMMONLY KNOWN OR REASONABLY ASCERTAINABLE INFORMATION
The User stated that the subject site has been vacant land.
Ardaman File No. 07-4711
The Sembfer Company
February 8, 2007
10
4.5 VALUATION 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 Semb/er-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 utHization in marketing property to
tenants and/or parcel sales.
4.8 OTHER
No additional information 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
FirstSearchrM 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,
spills, violations, complaints, or enforcement actions were present or 'had occurred
within a Y2.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 FirstSearch™ Report database search is included in Appendix 111.
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. Specific listings of sttes 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 seafch as listed in Appendix TII, but not specifically
addressed below, is not likely to ac;!versely impact the subject property.
5.1 STANDARD ENVIRONMENTAL RECORD SOURCES
Federal National Priority List (NPl)
The National Priority List fS a database of confirmed and proposed Superfund sites.
· No NPl sites were identified within a one-mile radius of the subject property.
Federal De!isted NPL Site List
The Federal Deflsted NPL Site List is a Subset-Database of delisted Superfund Sites.
· No Delisted NPL sites were identified within a %~mile radius of the subject
property.
Ardaman File No. 07-4711
The Sembler Company
February 8, 2007
12
Federal Comprehensive Environmental Response Compensation and liabilitY'
Information System (CERCUS)
CERCLlS is a database of current and potential Superfund sites currently or previously
under investigation.
· No CERCUS sites were identified within a ~-mile radius of the subject
property.
Federal CERCUS 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 }S:-mile radius of the
subject property.
Federal RCRA CORRACTS Facilities 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-mile radius of
the subject property.
Federal RCRA Non-CORRACTS TSD Facilities list
Database of facilities licensed to store, treat, and dispose of hazardous waste materials.
· There are no RCRA non-CORRACTS TSD facilities locates within a ~-mile
radius of the subject site.
Federal RCRA Generators List
Database of facilities that generate or transport hazardous waste or meet other RCRA
req uirements.
Ardaman File No. 07-4711
The Sembler Company
February e, 2007
13
· There are no RCRA generators located on the subject site or adjoining
properties.
Federal Institutional Control/Enqineerina Control Registries
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
9 rant programs.
· There are no facilities listed with institutional/engineering controls for the
subject site.
Emeroency Response Notification System (ERNS)
Database of emergency response actions.
· There are no ERNS incidents listed for the subject site.
Florida Stateffribal Sites - Florida Sites list
A database of identified facilities and/or locaUons 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 Sites list within one mile of the subject property.
StatelTribal 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
the handling of solid waste.
· There are no solid waste facilities listed within a Y2-mile radius of the subject
site.
Ardaman File No. 07-4711
The Sembler Company
February 8,2007
14
Staterrribal Leakinq Underqround Storaqe Tanks List (LUST)
Database of petroleum storage tank systems that have reported the possible release of
contaminants.
· There are no facilities listed as petroleum contaminated within Yz-mile of the
property.
StatefTrjbal ReQistered StoraQe Tanks List (UST/AST)
Database of registered storage tank systems.
· There are no storage tanks registered for the subject property.
Staterrriballnstitutional/Enqineerinq 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 Voluntary Cleanup Sites
A voluntary cleanup site database is not available in Florida.
Staterrribal Brownfield 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 rehabilitation agreements, state and federal programs
funding, and local Brownfield coordinators' contact information.
I There are no Brownfield Sites listed within a Yz-mile radius of the subject site.
Ardaman Fife No. 07-4711
The Sembler Company
February 8, 2007
15
Cattle 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.
State Other
DRYCLEANERS LIST ~Database of dry cleaning facilities registered with the
Department.
· No dry cleaning facilities were listed within a X-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 CoUier County Pollution Control Division (CCPCD) "Pollution Complaint" files were
reviewed to 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.
CCPCD "Stationary Tank" files were also reviewed. These files contained no record of
USTs existing on the subject site or adjoining properties.
Ardaman File No. 07-4711
The Sembler Company
February 8. 2007
16
The Collier County Hazardous Waste Assessment report (dated July 1985). prepared
by the Southwes.t Florida Regional Pfanning Council, was reviewed and contained no
abandoned dump sites within a 1/2-mile radius of the subject property.
Recoanized Environmental Condition
Information obtained from the Firstsearch ™ 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 TODOqraphic 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 activjties, 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 soll types in the area of the subject site:
Pineda fine sand, limestone substratum {141. This is a nearly level, poorly drained soil
on sloughs and poorly defined drainageways.
Typically, the surface layer is dark grayish brown fine sand about 4 inches thick. The
subsurface layer is very brownish gray fine sand to a depth of 12 inches. The subsoil
extends to a depth of 55 inches. The upper part is brownish yellow and very pale brown
fine sand. the next part is grayish brown sandy clay loam, and the lower 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. the 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 shallow layer
of slowly moving water for periods of about 7 to 30 days or more.
Hal/andale and Boca fine sands (49). These nearly level, poorly drained soils are in
sloughs and poorly defined drainageways. Individual areas are elongated and irregular in
shape, and fhey range from 20 to 600 acres in size. The slope is 0 to 2 percent.
Typical/y. the Hallandale soil has a surface layer of very dark gray tine sand about 3 inches
thick. The subsurface layer is grayish brown fine sand to a depth of about 9 inches. The
subsoil is yellowish brown tine sand 10 a depth of aboul12 inches. Limestone bedrock is
at a depth of about 30 inches.
Typically, the Boca soil has a surface layer of very dark gray fine sand about 4 inches
(hick. The subsurface layer if fine sal1d to a depth of aboul 26 inches. The upper part of
the subsurface layer is lighl gray, and the lower part is brown. The subsoil is dark grayish
brown fine sandy loam to a depth of about 30 inches. Limestone bedrock is at a depth of
about 30 inches.
Ardaman File No. 07-4711
The Sembler Company
February 8. 2007
18
The permeability in the Hallandale soil is rapid. The permeability in the Boca soit is
moderate. The available water capacity of both soils is very low. Under natural conditions,
the 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 soif 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 Adioining 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 property from 1940, 1952, 1963, 1981, 1985, 1989,
1993, 1996, 2002, 2003, 2004, 2005 and 2006 were examined at the Collier County
Property Appraiser's office and the property appraisers website (http://216.242.180.351)
and on the Publication of Archival Library and Museum Materials Aerial Photography
Florida website (http://web.uflib.ufl.edu/digital/collections/FLAP/) 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
· Other potential sources or features indicative of contamination
Ardaman File No. 07-4711
The SeTT)bler Company
February 8,2007
20
S elected 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 of 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 of 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 of the subject property.
7.4 Previous Environmental Reports
Ardaman & Associates, Inc. performed a Phase I Environmental Site Assessment on a
larger property including the subject property dated September 27, 2004 (File No. 04~
483~. .
Ardaman File No. 07.4711
Th e Sembler Company
~ebruary 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 SirE 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
Description 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 $embler Company
Februar{ 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 Systems
The subject site was vacant land; municipal water and sewer are available in the subject
site area.
Underoround StoraQe Tanks
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.
PolychLorinated Biphenvl (PCBs}
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.
Ardaman 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 SembleT Family Pa~nership #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 property 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 II.
9.4 INTERVIEWS WITH LOCAL GOVERNMENT OFFICIALS (TO OBTAINS INFORMATION
INDICATES RECOGNIZED ENVIRONMENTAL CONDITIONS WITH THE PROPERTY).
No interviews were performed with focal government officials.
9.5 INTERVIEWS WITH OTHERS (PAST OWNERS, OPERATORS, OCCUPANTS AND OTHERS)
No others were inteNiewed.
Ardaman File No. 07.4711
The Sembfer 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 information",
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 Iimifed 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 significantly affect
the ability to identify recognized environmental conditions.
Ardaman File No. 07.47-11
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 Umitations" (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™ report and/or regulatory agencies'
file and web site 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, 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
27
12.0 OPINIONS
It is of this environmental 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.
,-
I
!
Ardaman File No. 07 -4 711
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 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.
Ardaman File No. 07-4711
TI1e 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
February n. 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, GDT, Inc. and lor
Compusearch. <http:www.expedia.com>
Florida Department of Environmental Protection OCULUS website. 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
Assessmenr 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.ufltb.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 <h!!Q:l/terraserver-usa.com> February 2007
30
Ardaman File No. 07-4711
The Sembler Company
February 8. 2007
16.0 SIG NATURES OF ENVIRONMENTAL PROFES SIGNALS
Sara Leggett
Environmental Scientist
~
Roxanne Gause. P.E.
Senior Environmental Engineer
Signature
31
i
,
I
1-
Ardaman File No. 07-4711
The Sembler Company
February 8. 2007
32
17.0 QUALIFICATIONS OF ENVIRONMENTAL PROFESSIONALS
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 Environmental 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 of East Naples, Florida, Unfled States 7/1/1991
N
<t:
W <q\flla> E
S
FIGURE 1
U.SGS TOPOGP.APHI.C MAP
~.. Ardaman & Associates, Inc.
_.A. Geotechnical. Environmenlal .
~ an Malerials Can a.nts
PHASEIESA
HAMMOCK PARK COMMERCE CENTER
NAPLE.S. COLLIER COUNTY, FLORIDA.
tltq.t CCtylHi' Qfl1t.t. li~ (~~~ ~~"ey
I~;~
Dro""" oy: S L
end SUitea Goff R~~f~ '..~ " '~a~tot,
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, . ?~~~~~-~-.
.'
:'l If
~r .
Fores'.t ~
OoN CourS-'8
r..---....-........ ....-...... 1
I Subject Site i
IDA L"'7 r...__...J
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feR
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s
FIGURE 2
SITE LOCATION MAP
PHASEIESA
HAMMOCK PARK COMMERCE CENTER
NAPLES. COLLIER COUNTY. FLORIDA
Or...." 9t~ SL . RG OatP.. 02107
SOURCE: EXPEDlA.COM WEBSITE
. ~~ ... Ai","
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fi'II!li11ii1l Ardaman &. Associates, Inc.
u.".A. Geotechnical. Environmental
~ and Materials C(losulfants
I'
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FIGURE 3
SITE PLAN
l!i8' 'Q\I
A
....
Ardaman & Associates.Jnc.
Geotecl1nical, Envltonmenlal
aM Malerials Consultan
PHASEIESA
HAMMOCK PAR 1< COMMERCE CENTER
NAPLES. COLLIER COUf4TY. FLORIDA
SOllRCE: COlLIER COUNTY PROPERTY
APPRAISERS \llR::BSlTE 2006
o......!!y: Sl.
-.1._""'''''-_'' llo..=- 1Ib'! h... IiIlo.. ~ 1lotr<(..c.U;~L"V
rl~;No.
07.4711
Ardaman Fife No. 07-4711
The Sembler Company
February 8,2007
34
19.0 TABLES
1-
!
f
TABLE 1
ASTM STANDARD MINIMUM SEARCH DISTANCES (MSD)
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)
Approximate Minimum Search
Distance
miles (kilometers)
1.0 (1.6)
0.5 (0.6)
0.5 (0.8)
0.5 (0.8)
1.0 (1.6)
0.5 (0.8)
Federal NPL site list
Federal De/isted NPL site list
Federal CERUS list
Federal CERLlS NFRAP site list
Federal RCRA CORRACTS facilities list
Federal RCRA non-CORRACTS TSD facilities
'list
Federal RCRA generators fist
Federal instituttonal control/engineering control
registries
Federal ERNS fist
Property and adjoining properties
Property only
Property only
State and tribal lists of hazardous waste sites
identified for investigation or
remediation:
State- and tribal-equivalent NPL
State- and tribal-equivalent CERLlS
State and tribal landfill and/or solid waste
disposal site lists
1.0 (1.6)
05 (0.8)
0,5 (0.8)
State and friballeaking storage tank lists
State and tribal registered storage tank lists
State and tribal institutional controll
engineering control registries
0.5 (0.8)
Propenyanda0ommgpropen~s
Property onry
State and tribal voluntary cleanup sites
State and tribal Brownfield sites
0.5 (0.8)
0.5 (0.8)
Ardaman File No. 07-4711 35
The Sembler Company
February 8. 2007
20.0 APPENDICES
Appendix I Legal Description I Property Card(s)
Appendix II User Provided Information
Appendix III Regulatory RecorQs 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 1 of 2
~.
I ....
Owner Namel SEMBLl:R-RA TTLESNAKE lLC
AddreSSllJ 5858 CENTRAL AVE
CI~ ST PETERSBURG II
Statell FL
II
Scroll for Additional
Information
I
I
1
zlpl/337()7 . 1728 I
Ae.rj.~t
FoHo No.~ C041776()001
Current Ownership
Property Addressl/ NO SITE ADDRESS
legal 14 SO 26 5112 OF SE1I4 OF
SW1/4lESS W 80 FT
I Section II Township II Range Acres
14 50 26 17.93
'1 Sub No. II 100 I ACREAGE HEADER
't ~fLc..oJ1e. 99 NON.AGRICUl rURAL ACRE.AGE
Map No.
5614
I Strap No. I
502614031.0005814
~ ~ggUw II
.Ifj MIJla 9lt
11.9374
2006 Final Tax Roll
(Subject to Chang~l
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
Latest Sales History
I.and Value $ 1.344.760.00
("'I Improved Value S 0.00
(=1 Market Value $1.344.750.00
(-) SOH Elternpl Valus $ 0.00
{=} Asseslled Value $ 1,344.750.00
(-) Homestead and olher Exompt Value $ 0.00
(") Taxable Value 5 1.344,750.00
Date I Book. Pag& ~ Amount I
03 / 2006 4l!l!.~..:J.~~a $ 0.00
09/2005 ,1!\aS.ill.e $ 107,700,000.00
09 I 200-4 3.63.9.:2;101. $, 4,600.000.00
-
05/1996 2.1.fl.LH.t $ 250,000.00
01/1995 2QR~I!!tg $ 0.00
SOH = .S8118 Our Homes' exempt value due to cap on 8ssessmelll
Increases.
hltp:llwv.'W.c.ollierappraiscr.comiRecordDctaiLasp?Foliofl):.::000000041776000 I
2/6/2007
De.l"ai Is
Page I of2
Aeriill
1'0110 No.11 0041S76oo02
Current Ownership
Property Addressl18536 COLLIER BLVD
Scroll for Additional
Information
I
I Owner Namel 5EMBLER.RATTl.eSNAKE LLC
I Addresaesl 5858 CENTRAL AVE
I City I ST PETERSBURG II Statell Fl ~ Z1p!l 33707. 172&
Legsl 14 50 26 N112 OF 51/2 OF
SW1/4 OF SW1J4, W BO FT OF
S1/2 OF SE1/4 OF SW1I4 lESS RW
OR 1573 PG 355
.For more than four lIn\J8 of L!l~al Description please ellll the Propllrty Appraisvl"s Dfftee.
Section Township Range Acres
14 50 26 10.4
Sub No. ~ fOO I ACREAGE HEADER
-1.l.u"Il~ 10
VACANT COMMERCIAL
Map No.
5814
Strap No.
502614 D05.0015B14
Millage Area
39
"e Mlllil911
11.9374
2006 Final Tax Roll
(SubJect to Change)
If all Values sh-own below equal 0 this
parcelll'las created after the Final Tax Roll
Latest Sales History
land Value $ 3 391,705.00
(+) Improyed VaIUt~ $0.00
(.) Market Value $ 3,397,705.00
H SOH Exempt Value $ 0.00
(=) Assessed Value S 3,397,105.00
H HOIYlElslaad and othor Exernpt. Valua $ 0.00
(=) TtlxlIlIll! Value S 3,397.705.00
Date Book. Page Amount
03 f 2006 !QQZ.::tW $ 0.00
091 2005 ;J.llO.5..,.llliR S'l01,700,000.00
09 1 2004 ani.:..t:tO..t $ 4,600,000.00
11/1990 Uin.~.1M $1,32.5,000.60
SOH = "Save Our Homes" exempt value due to cap on assessmenl
incresses.
hll rd/www r:()llin~nnr;)iser.cnmm eeorrll)etai 1;J.'m"FnlioT I)c"'()OO()00041 fi 760002
?/V2()()7
Delails
Page I of 2
A.ex i;t1.
Folio No.11 00416720000
Current Ownership
Property AddressU NO SITe ADDRESS
Scroll for AddItional
Information
I
Owner Name SEMBLE'R.RA TTLESNAKE LLC
Addresses 5859 CENTRAL AVE I
CIty ST PETERSBURG II Stalell FL " Zlpll 33707 -1728
Legal 14 50 26 S1I2 OF S1/2 OF
SW114 OF SWl/4 AND N30FT OF
1 N1/2 OF NW1/4 OF NW1I4 OF SEe
23 TWP50 RNG26 LESS RIW
'For 1110ro than four lines of LeQel OC8crlplion pleue call tho Properly Al>pralSllr's OIllCD.
Secllon Township II Range II
1-4 50 26 II
100 ACREAGE HEAOER
10 VACANT COMMERCIAL
Acres
9.63
Milp No.
5B14
I Strap No.
502614 G05.0006B14
1l MlIJilge
11.9374
-1J MIllllgaArN,
39
2006 Final Tax Roll
(Subject to C~ange)
If aU Values snown below equal 0 this
parcel was created after the F!nal Tax Roll
Latest Sales History
land Value $ 3,144,708.00
1'(+) Imoroved Value $ 0.00
(=) Markat Value $ 3,144,708.00
(-) SOH Ex.empt Vafue ' $ 0.00
(,,) Assllssed Value $ 3,144,708.00
H Homesooad and other Exempt Value $ 0.00
(=1 Taxable Valuo $ 3,144,108.00
Date Book. PaQ8 Amount
03 I 2006 ~.a.c.1.5.9.1 $0.00
09/2005 3I!a~.,.Il.e.ll. $107,700,000.00
09/2004 3.>>-li. Z.;w,1 $ 4,600000.00
07 I 2002 3.0.T!t:.!I'l!1 $0.00
SOH" 'Save Our Homes" exempl value due to C3p on ass.essmenl
increaseS.
hltp://www.colli.erapprnisel..coI1l/RecordDet.ail.asp?F oliol D""000000041 6 720000
2/612007
APPENDIX II
User Provided Information
Ardarnan & Associates) Inc.
GeotechnicaL Envirolllnl1l1'\\al anrI
Mill~ri31s ConslJ!rlli!IS
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 lhe subject site facated at 8536
Collier Boulevard, Naples, Colrier 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 parson 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 properly in theJr or their agent's possession. The "User" is a[so
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 Titre 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 CHent 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 title records and judicial records for environmental
liens or activity and use limitations.
Please complete this questionnaire, to the best of your ab!lily. We will indude the completed
questionnaire as part of the final ESA report.
Please contact our office should you have any questions concerning this questionnaire.
Very truly yours,
AROAMAN & ASSOCIATES, INC.
E nc!Qsureli
9~97f) fj;l'I,lfl(J P.ofJtt E;OllM~rS.F'.):i'l~; 33.9'i3. Phan~ {~~39} 7~~'c60D FAX. ,2391 . 7M,Ci40n
OUl(})S"I11: BA~t)w.Co<zm. fCrI MjafS;Mi~":1j_. O.ia:'id:."J, Pr,;iChmft;ltJ}. Pt:lf Sf L\H:-i~~ S$t2$C1a., T~~Uah:)s.s~fj. 1~tmrAL "ilJ,P;tfm P..8.;,)d~
USER QUESTIONNAIRE
A$TM E 1527 - 05
In order to qualify for one of the Landowner Liability Protections (LLPs;lS ofiered by the Small Busjness liability
Relief a lid Brownnelds Revitalization Act of 2Cf{)1 (Ih~ . Browllfields Amefldi7l1.m/s'j.~" the user must provide !tIe
follo....ring information (if available) 10 the environmen/al prof8ssional. Failure [0 provide this jntorm~lion could
result U1 a determination that "all appropriate inquiry is not complete.
(1.) Are you awam of any envlronmentl!lI cleanup lians agiHnst the property that are filed or recorded under
fademl,.trlbal, state. or. local. law? . iEIl'.k"'<1l1""'alr.le,,:'lUp,~E!'.s iAAl are.f4e:Io:.'~.-:ree41l:""tn$l U';t> t4e (40 CFR.l ;2.2.l).
Nlj
(2.) Are- you aware of any AULs, such as erlglne-erlng control:s, fa-rld use restrlctloM or ins.titutlonal CQntro/s that
are in pla.ce at the site. lIndlor have been ffttd or l1l<:orded ill a registry under federal. tribal, state or loeallaw?
(ilJ:;Iivtly l1.od \eM use 5rnifalion$ (AU\.$IIJ1~I..ue In plaee (It, L'>e sill! or IIulI have ~ fAecI 0< teo::mle<t Ill" leg.iWy (~ll CFfl. ~U'.16)',
No
(3.) As. the user of this Environmental Sfte. AsaoSl>ment (ESA). do you have any spe<:laUzed knowledge or
experience reiallld to tho praperty or nearby properties? For exampte., are you Involved In the- same lille' of
business a-s. the current Dr fannar occup.ants of the prop&rl)( or an adjoining property tiO that YOCJ wo-u!d have
sp.eclali:zed kno,..lIedge of thB cMmTcals- and processes used by thl:g type of busllli1$s? (SpecIali>9d iO'('\Vled!l1l C1 e~
0' /he PfAon seelc.iIQ lD~dt!ly !or !tie LlP (40 CfR 3!2 29)).
No
(4<1 Does the purchase price being paid for this property reasor:ulbfy reflect the fall" markef valua of the property?
'{~':)
(a.) If you conclude that tltere Is 3 dtffeten~, have YO{l considered whether the lower purchase price Is
!}C'Cause contamination l$' known or be/laved to be pre.&ent aJ the property? (Rel<i1io<lSl1ip of Uill :Ju'cr.a.$>l Pll::O !O (nO' lair
mark,,! vllkfe dlhe ~fil .'IOIl! r>atcom.tnltUlea (40 CFR 312.2\:)).
(5.) Are you aWl1ro of commonly known or reasonably ascertainable JnfOfmatioll about Uttt property that would
help the environmental prof.ess.lonal to Idantlfy C'Cndltions Indicative of raleases or threateMd releases? (Commorty
~'IO'HI\ or r.vJStJr.aOle e4Cl!l1ain~b:.. in(oonslior! alIo\l~ lM /JrCJwry (010 CFR 312 ~Il. For example, a<s user,
(a.) Do you know the past uses of the property?
Y~.:J. - V .:..c(, "'-\
(b.) Do you know of specific cht1m!~als that ar~ present or once wefe prasent at the property?
N"
(c.) 00 you know of Spills or other chemical f~fOOSElS that have taker. pla~. at the property?
ND
(d.) Do you know of any envlronme.ntal cleanups that have taken pla~a at tM propatty?
No
(8.) As the user of tIlls ESA, balled on your YJlowledge and 0xperi.s;mce ralated to the property, are then~ arty
obvious lndltah:ll'l:; that point to the presliloce or likely pr"eS9oca of contamInation at lha property? (rill! ""ll'~e of
or~ness ot!ll.;> ~~e,.....e or Iit.~ pte...,r.,e 01 rotll;omin,llion arli'o!! fXTJPt:IIJ. !lOO 1M nbi!<ty ID (jec.,yJ til~ COMlI!1inartnr> by "P1"';pljale in~.$1ig.fiofl !40' Cfii 3~l.3')}
No
(7.) What is tM purpose. for requesting a Phase. I ESA for the SUbject site? F<, f' e."", \ n -'"" t~'r II.... f .,,(....+
<..t-....+t......L-+ -G-",. ~~-'~f^>"'t-+...l o Pf'-''''"".i I t). ....J. .f.,.... v...~. \ '.'._'+ i.'......
r..... I',,\~,./(~.-+..:.~ prJfu+-1 -t-" ..f-c."''''''''+l c:"..)/..,.- p",..c.:_\ c.)....I~1..
/}s.<}( Signature: ../"'-?~,.?-~..."....- Oil/G' 2./-1/ 0 -~
!.'LIlI',ioWl>er UiiM1ly j>mfecl;on.~. (}t UPs. i~ the t"nn IlS.'J"J h) deJsc,'ibc the IhfOO ly",---" ot po/l1m'ill lI~I't!n$-e:; 10 S!1perltl!ld llllbd.ty in EP,\'~; /1lIr.oiu
Quid!lltr;1I P.~g8r(jI"'g e/l/arin l.nll(!owr.ws MusJ MflM in OrcJ(f( 10 Quolify for !:lO/lll FitJe Pmspoctive Pur::;"l8~er. Conlig.!OlJ!i PrOfUirly Owner, or Itlr.ocl~r.t
!.3Il(.w.mar Ljm,laiku:s Of! CERCI.A 1.lilOi#ly (Common ElemtJfl1;;' Guidel i35U<<! ot! MafC/\ 6. 2.003"
>>p l 10;-113.
APPENDIX III
Regulatory Records Documentation
FirstSearch Technology Corporation
.Environmental FirstSearch'fM Report
]-(==.:::.:::::::::::==..::::::.:....-:::-::::::.:..::.-::--::.::::.:-:.::::.:::::==="=::.:::::::-;:::-::::::.:::.::::-:~:.:::.:::.:.-:.::.::..::::.::-.::.:::~::.:::::::::--I I
; i ~
I j;----....--......--.-~. ". .._.__.._...._____._T~r.g~J..p-~2QerD!.:_...._......__. -----.-. -------4
II 8536 COLLIER BLVD II
,I i I
Ii I
IJ NAPLES FL 34114 11
II Job Number: 07-471 I. !J
f l~""._'~_".'_'____.__'__"__'____'_'__'_'.h -....-.....-.__,........_..__...._.._.._.___......._....... _...._.....__._u. _0_______.._ .~___. _..-n.J :'
,.-..-. -- --...-.......-....-..--.-... .'"'' ---....----......-.............-----.....-__....._....__._._ _'U' _.. ._..___....... ....... . ____.............)
PREPARED FOR:
Ardaman and Associates
9970 Bavaria R08d
Fort Myers FL 33913
02-06-07
Tef: (4V7j 265-8900
F(I.'(,' (:to?) 265-8904
~-~~."....... ....~.~._-._...'""';~n......._ - ~..__.-.,-..-_.._-,-..-....--..'.N ....... _..'...~..-_.. .~,_,_.~,_,__.,_.......:.._._..;,....,..._.. ~,.",.._.:. _... _."_,~,,....,..--_~_._. .~-'_..~...._.O'_._~...,_~.~'_~.'_'".K.". ...
Etl\'lr(II1OlCi!t=cl rjr~rSCt1rd1 r!. il t~~)Slnt,1(m&:n:irk ofrrrSISNtn:h Ir:cht:l.,!n;;r ('Otptl(i!!!(j;1, :Hl !~ghl$ rl'.SCiV~
Environmental FirstSearch
Search Summary Report
TllrgetSitc: R536 COr..L.Il~R BLVD
NAPLES FL 34/14
..............___.firs t~~~!:~~ S u nt ~_~.f.Y.h_____._............._.________.....__..__________...
UpdlJted Hlldius Site 118 114 1/2 1/2> 1,(1" TOTALS
Database
Sel
NPL Y 12-08-06 1.25 0 0 0 0 () 0 0
NPL De.lisled y 12-08-06 0.75 0 0 0 0 0 0 0
CERCLlS y 12-0&-06 0.75 0 0 () 0 (} 0 0
NFRAJl Y 12-08-06 0.75 0 0 0 0 0 0 0
RCRA COR ACT Y 06-06.06 1.25 0 0 0 0 0 0 0
R.CRA TSD y 06-06-06 0.75 0 0 0 () 0 0 0
lteRA GEN y 06-06-06 0.50 0 0 0 0 0 0
Federal Ie I EC y 11-14-06 0.75 0 0 {) 0 II 0 0
ERNS y 12-31-06 0.50 0 0 0 0 20 20
Tl'ibal Lllnds Y 12-0 I-OS 1.25 0 0 0 0 0 0 0
Stll1crrribnl Sites Y 09- 12-06 1.25 0 0 0 0 0 0 0
Stale Spills 90 Y r] .02-06 0.50 0 0 0 0 3 3
Slale/Tribal SWL Y 09.28-06 0.75 0 () 0 0 0 0 0
Stll!cnriblll LUST Y o I-Og.07 0.75 0 0 0 0 0 4 4
SlnlclTriblll UST/AST y 01-08-07 0.50 0 0 0 n 12 12
Stlllc/Tribal EC y 11-02-06 0.75 0 0 0 0 0 0 0
Slnlc/TribllllC Y 11-02-06 0.50 0 0 0 0 0 0
Srafe/Trihul VCP Y NA 0.75 0 0 0 0 0 0 0
StnlerJ'ribnl Browllfields Y J r -02-06 0.75 0 0 0 0 0 0 0
Sl"me Other y 08-28-06 0.50 (J 0 0 0 0 0
__.....:..1'016_12...:....___._ -..---.-....-.-- 0 0 0 0 q--....------.12_-12-..._._..___..
Notie!: of Dischlimcr
r D\I~-;"-Ih<: Iimilil;ions, cullslr.int,. inaccuracies anJ illcoml)lecellC$S of 8IWCrnl1lelll illfornlll;;~::;;;;;:~;-;~~Ping-~~la -~~nIlY availnblc kl FiruSellrclt
I TccIUlOlog)' Corp.. ccrmin c{lJ\venliollS hm'. been 1Ilili~cd in prepnring Ihe locmionsofall fedmll, Slul~ and 1QCalll!lell"'Y sites rcsidin~ in Fir.IScurd, 1'eclmology
Corp.'s t13fl\b:ises. All l:PA NPL and Slare IMdtill sites arc depicted by n rectangle appruximating ,heir loc<uir>n and Si7-e. me Iloundaries of IhCo r~ctan&les represent
rhe cll~l,}rn :lIId \\'\:SICOlII\(ISlloogiludCll: Ihe lIo.thern and sOlllllcns tnO$llatiludcs. As 5uoh, lI,c mapped arOQ:l may eXce.!d dlC (!'Cll.al srens <llld do nOI tCprc&cllllh'
.1chtnl bound~rics of Ihese propo:rt.ies. AlI'lIlter sires are dopicltd by a poinl re.presenting th~ir ~rp((}"ill1:)tc ,,,lllre~ location ;111(1 ll\:lk. no 1l1'el11pf ro rcprcs<:nllhe
I 6Cll.1I ~rcas 01' Ihe ns;;i,1ci.led properly, AClual bo"nd~ries and l,)cnlions of indh'iduol propctlics call1>e found ill the Illes residing lit tlle ~genCjl responsible ti'" such
l~~~bru,~tio". _______._.______~___.__..__.___.__.___.________
WlIiVClr of Linbility
r:~'OUgh FirslSc~ch T~hIlOl~ Co;P. uses its best ~ 'Tons 10 research 1M ~lul'llacllliOll ()f each $i;;.:-;;:~;;S~:;;;;:/;;;;~; Corp. dll<'s nor llnu ~'lI" 1I0;~~"
.h. accllrr,cy Oflhcsc sil<'s with rc~rd 10 exact IllClllion and size. All ol,Jtllorized users offirstSc""ch TeCMology Corp.'s ~rviccs proceeding lire Si(!l1ifyill8 nn
l t1ndcr3blllding af :ir~carch l'cdltKllogy Corp.'s ~arching.aJ\d mapping c-OIl'telllions.lu1t1 agt'cc 10 waive My and r.lilialJilil)' clai",s ilSoocinlcd wilh search IUld
n~'p 'cr~t1ls shO\\"!ng IOCOI,,!,lclC nnd ()( lJ\;,CClIfIII1- sue loca(lOlls .
..._--_..._----------_._--~~--_.--._~----------_._- -----
En vil'onmel1.ta/ FirstSearch
Site Information Report.
Request Date;
Uequestor Name:
Standard:
02-06-07
nrdallHln/sara/daM
(\AI
Search Type:
Job Number:
Target Site: R536 COLLIER BLVD
NAPLES Fl.. 341 14
Demographics
r~;t~~;--'. 39 .-----.-.--~~~~~~:~~.~;~cd:
Radon: NA .
L._._____..____..___________._
39
Population:
Site Location
Longitude:
Latitude:
Deerees (llccimal)
-81.678294
26.112797
Easting:
Northing:
Zone:
Dcerces (Min/See)
.81 :40:42
26;6:46
Comment
[-Comment: --.-.
L_.__~_..~_._______._._____________
Additional Requests/Services
r~~ljaCellt ZII) Cotle~~~~(~'))--._.--..... Services:
I lFpll) . ., .'-:f! If .
Ji 9Jd.__CIlY..:~!!!!-___.____..._...ST__ f)i~t/l1I!:.-_~!:L__lI1 Itcguestcd?
i '. I rS:U1~~~.~~-...--_.---..-.~O
! I II: A";,, POo<og",,'''' No
j'l j I H;sloricol Topos No
I fl' Cily Directories No
i I Title Sc,trc!lfEnv Liens No
,i I .1 I Municipal Rcpol1s No
./ I! 11 Online TOpM No
',/ iJ II
L ,. =:J l!:--- - _.
COORD
07.4711
'---""."-"'-J
NA
UtMs
432180.673
2883189.035
17
I
I
Dnte
----1
. !q I
II
--'''ll
ii' !
i'l
ill
II!
hI
Target Property:
TOTAL:
Environ.mental Fil'stSearc!t
Sites Summary Re.port
&536 COLLI ER 8L VI)
NAPLES FL 341 14
39
GEOCODED: 0
JOB:
07.4711
S8U:CTEl>: 0
ERNS
.1\1.!1.p..HL. D (J..J:XP'.~......~iJ~.t{~.!.!!~!'l)j~~ luL__...... ...._.. ....... 6.dd1'css .__.M__..._........_......... Dis!!!?lr:......r~.R~..N~~_..____.__.._.....
NJA.
EI(NS
EnNS
ERNS
ERNS
F..RNS
r:RNS
ERNS
ERNS
ERNS
E:>RNS
ERNS
ERNS
EI(NS
HRNS
ERNS
ERNS
ERNS
ER.NS
ERN!:)
INTf:JtST ^ TE 75. WEST[lOUND
NRC.S50374IMOBII..E
NRC.6J4165tMOBILE
34J6191H1GHWA'r" RfLATED
42JIS~/HIGHW^ Y Rf'LATED
YEOMAN Y AnD CSX TIUINSI'ORT
NRC.700902JRAILROAD
'ffiANSPORTSOU1'H (NC
5~2019IUNKNOWN
TRANSPORT SOlfll! INe
544342/FrXT:D f.'ACfLi1"Y
PLANNED PARENTHOOD
NRC..516053/nXED
NON GGOCOlmo: .19
NON GC
NAI'U:S n.
JOSEPH LANE NON GC
NAPLES l'l.
/75 NON GC
NAP(,ES 1:1.
MM 89 ON H10flWA Y 175 II Mil. NON' GC
NAPLF,S f'L
S656 ADAMO DR. EAST NON OC
NAI'LES 1'1.
SlTEOI!. IDS NON GC
NAPI.l3S f'L
srTE 0) ~ 105 NON GC
NAPU,S FI.
THE CAtl.J::R I1ID NOH/A VE THE NON GC
NAPLES 1'1.
AT COllNT\' PAtU:' CONs'nWCTlON SITE 1.,000 LIVINSTON ROAD
NRC.798786/FlXED NAPLES f'L
NORTH OF INTERSJ::CTION DESOTO BLVD
NIlC.176998/STORJ\(j(; 'f,\NK. NAPLES FL
~7.t249IUNK.NOWN
rNTERSEenON OI'ROUT!.: 95! ,,,,<1410
/'IRe.7672b9/MOBlLI:
1-7SIMfI.E MARKER M
NRe.543?1 JIMOBl U,
Ft.J:I:;T TRANSPORT
J/ ]IlJ8MIOIfWA Y REl.ATED
ESTEY /\ VE ANI) BROOKSIDE DR.
NRC.77798J/FIXEf)
CORNER Of' ('INE RIDGE AND I.'IS
NRC.jCJ'j4(l3/jo..l0BI LE::
NON OC
NON OC
Mill! S8ALLI(JATOR ALl.E.Y HOW NON OC
NAPLES rL
NON OC
NAPLES FI.
NON GC
NAf'[..ES 1'1.
INT(,RST A TE 7S WESTOOUND
NAPLES ~1.
NON OC
NON GC
NM'Lf:S 1'1.
NON GC
NAI'U:S 1'1.
COI.LJF.RCOUNTY REGIONAL WASTEWATER
3R$lliTILlTY ROAD
NRe-761 J'lYIHXf:[) NAPLES I't
NO~ OC
I'l.ANNEI) PA(IENTHOOD
NRC.S 16{J3SfFlXEO
COI.IJf:R BLVD BETWEEN RATf'LE AND
NR(-7%1i78IMOBlU:: NAPLES Fl.
NON GC
.1127.01ll1llGHWA Y RELATED
THE CALLER DID NOT Ill, YE THE NON GC
NAI'l.ES Fl.
1-15 MILE 53 Al.UGA TOR Al.L!:
'oJAI'l.ES FL
NON GC
NtA
N/tI
N/A
N/^
NIA
NtA
NJA
NtA
N/A
NJA
NI^
N/A
Nt"
NtA
N/^
Nt.^.
\OJA
N/A
N/A
Enviroume/1tll{ FirstSearch
Sites Summary Report
Tllrg-ct Property:
8536 COLL.lER OL vD
NAI'Lr::S FL 34114
JOB:
07-47/1
TOTAL:
:If)
GEOCODED; 0
NON GEOCOOED: 39
SF.LRcn:o:
o
.!~~.~[U!L_.1t~ .Ty.l} ~_._.._.~jt<<t!.'"i.l!~.c/112@.t.!!1!'.L...n_... ...._........__.___A d ~!!:!:~._ .__..._.____..._._.__._._.._....J~i~~Oi r _..r3.g~J'~~~_._._..._. _........_......
l.IJST fORMEll JOllNSON I'ROI'f:Rrv IMMOl\ALEfi RD NON GC NIA
1 f980:i24IlFACILITY CLOSED NAJ'I.ES FL
I.lJST DUM!' TR.UCKS COLLISION fMMOKOLI:'f. RD.8S2 F1' 6 OF WI NON <.iC NlI\
119805) 121\'ACtLlTY CL.OSH) N..\PLES Fl.
LUST DUMI' TRUCKS COLI.fS1ON 1M MOKOLEE RO NON GC NI,\
1/98052IJ/FACILrrv ("I.OSED NAPU,S Fl.
LUST AI',\I.,\CBEE UI'T STATION 14621 CHICKI::E DR NON GC N/A
I I 9808002lFACILlT'l' CLOS~O NAPl.ES FL l4 1 14
Sl'll.I..s DUMP TRUCKS COl.LISION JMMOKOLEF. nD NON GC NIA
1198052IJ/CLOSEIl NAPI-ES FL
SPIl.l.S fORMER JOHNSON PROl'ERTY IMMOKALEI.': RI) NON GC N/A
11980S241/CLOSF.D NAPLES fL
SrltLS DLlMP TRUCKS COLLISION IMMOKOLIiE RO NON tiC N/A
1 198052 I 2JC LOS ED NAPLES FL
UST r-0flMER JOIlNSC)N PROPERTY IMMOKAI.EE RD NON GC N/A
119~Q;2-Ill<:lOSED NAPl.ES !'l-
UST wOOrf:N S MlmOAT RIDES nJ30 T,\MIM"'I TR.J\lL r; NON ()C NIA
IIQ)OfJ935/{)('EN OCHOPEr; FL W 14
UST VARONA WALK 8090 SORREN1'O LN NON OC N/A
I 1980II6'lO/Of'EN NMlC:S FL 3411.(
UST SN!. DIS1'RllJU1'IQN TRLlCK ACCIDENT 1-75 MM 61 un<! 68 NON OC N/A
1191105527/Cl.OSW NA PLES /:1,
liST HINKER MATmUAl.S.N,IPI.ES P1.T 9210 COLl.lF.R BOULSVARD NON GC N/,\
I I 9200.12)/Of'L;N N..\PLI'~, fL 34114
IJST HAMMOCK 131\ Y GOLF MAlNTi:NANCE 2000 MAINS/"l DR NON GC N/A
lIQS06400l0Pf.N NAPLES F'l. H 114
US'f DUMP mUCKS COI.Lli:ION IMMOKOLEF. RD-882 fT E OF WI NON ()C NlA
IICJS05212/CLOSEO NAPLF.~ FL
\1ST OlJMP TRUCKS COt.L1S/0N IMMOKOI..EE RD NON Ge Nli\
, I ?SI}S2 D/CLOSP.D NAPLES PI.
\ls'r CONQUEST DEV[LOI'Mf:NT USA LC 1001 SILVER I.I\l(ES OLVD NON or NJA
119~Og f951"'3ANIJONHD NAI'I.GS r-L 34114
us.,. COI.I.JER REGIONAL !'.IEOICAI. CTIt 8300 COI.I.IER OI..VD NON G(, N/A
II'JSnIi6'j'llOPf.N NAPLES FL 34114
lJST AI';\LACflEE: un STATION "1621 CHICKEE DR NON GC N/A
r 19l;()80U2ICI.OSED NAI'Lf.S 1'1. 34114
UST HIGlIWA Y PAVERS INe.N QUARRV SITE f.;j(%1 NON CiC Nil..
I 1 87JWl3ICI.OSED NAPLES H.
Environmental FirstSearch Descriptions
NfL: EPA NA TTON^L PRIORITY US.,. - f)111abnsc of" cOlllirnJcd nnd proposell SuperfllJld sites.
NPIJ Dcliste.<l: EPlt NATIONAL PRIORITY I.lST Subset - Dmabnse of delislccl Superfund sitcs.
CERCUS: f:'l'A COlvlI'RF..!-lENSIVE ENVIRONMENTAL RESPONSE COMPENS,\1'ION AND
LlABfLlTY INFORMATION SYSTEM - Database or current nT1d potcntilll Supe.rfi.lIld sites currently or
previously under investigation.
NFRAP: EJ>A cOtvlPRmlENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND
LlAOILITY INPOJUvfATION SYSTEM ARCHIVED SITES - database of Archive designated CERCLA sitcs
thnt, to the best of EPA '5 knowledge, .I.~sessment has been completed and ha~ del.ermined no further steps will be
taken 10 list this site on the National Priorities List (NPl). This decision does IK)t nceessarily mean that [here is
no hazlIrd associated with ~ given site; il ollly nlcans thaI, based 111>00 available informl\lion. the location is not
judged to be a pOlential NP!.. ~;tc.
RCRA COR ACT': /:.~PA RESOURCE CONSERVATfON AND RECOVERY INFORMATION SYSTEM
SITES. Database of RCRA f.'lCilities with rcport~d violations and subject to c<llTcctivc actions.
RCRA TSD: EPA. RESOURCE CONSERVATION AND RECOVERY INFOIUvlATION SY~TEM
TREATMENT, STORAGE, nnd [)JS['OSAL FACILITIES. - DulabllSc of facilities licensed to store, ITeHl and
dispose of h1l1.ardous waste mntcrials,
ReRA GEN: F.PA RESOURCE CONSElWATION AND RECOVERY INFORMATION SYSTEM SITES
- Database ()ffncililies Ihllt gCl1cral'e or transpol1 hazal'dou.~ waste ClT meet other R.cRA reqlliremcl1ts.
L(jN . Large Quantity qenemLOrs
SON - Smnll Quantity Genemtol's
VaN - Conditionally Exempt Generator.
Itlcluded arc RAATS (RCRA Admini!trativ(; Action Trucking System) and CMf::L (Compliance Monitoring &
Enforcemcnl List) filcililics.
r;~derll[ re J EC: BPA BROWNFIELD tv\ANACEMENl SYSTEM (aMS) - datahase desiglled 10 assist
EI'A ill collecting, Lrncking, and updatillg infonnntion. as well 1I~ reporting on (he mnjor IIctivities Ilnd
accomplishments of (he variolls Brownfj~1 d granl Programs.
FEDERAL eNGINEERING AND INSTrTUTIONAL CONTROLS- Superfund sires thnt have either an
engineering or 111I inslilutional C0l11TOl. The dlllll includes (he conlrol and rhe media contllrninl\ted.
ERNS: EI%'NRC EMERGENCY RESPONSE NOTIFICATION SYSTEM - Dalabase of tmtl'genc)'
response actions. Data since Jalllw.I)' 200 I has been received from/he Natiollal Response System dutnbuse as the
IWA no longer maintains Ihis daUl.
Tribal LlInds: /JOIIB fA INDIAN LANDS OF THE UNITED STA TES . Darnbnsc of llreas with boundlll'ies
established by tTeilty, statute, and (or) executive or court ordcr, recognizcO by the Fedeml Government ~s
1l:.lTitory in which American [ndian tribes 110ve primary governlllclllallllllhority. The Indiall Lr\llds of the Uniled
Stllles map Inyer shows areas of640 acres or morc, administcred by the BllrellU of rndian Aflilir!;. Included are
FcderoJ/y.adlllillistcred lauds with ill II reservlllion which Illay or rIllly nol be considered pnrt of the rcservation.
Statcrrriblll Sih~: PI. DERIl)EP/f::r}~1 FLORIDA SITES UST - diltnhnse of i(ftmti fiecl facilities lind/or
locllriolls thaI the florida Oeparlmclll of Environmental Regulation hus recognized with porerllial or existing
cnvironmellll\! contamination,
SUPERPUND HJ\Z.,\R DOUS W AST[~ $ITES- J,llllbasc lhal corn:l,llcs (() the NPL lisl and includes fictive,
delislcd, and Federal sites.
Sfllte. Spills 90: f"/, DEl' PETROLEUM CONTAMfNATION AND CLEANUP REPORTS - database of
contal1lin;lled facility repons provide (he Facilily !D, facility Type. Score, Rank. Opcl'lltor Infimnl1tioll, flll<1
OWlltr Illformalic)r1, for f:lcililies that curren!!y have contamination
Stale/friba! SWL: FOE!' SOUD W,\STE FACILITIES LIST. databa!ii; c.(lnc~f'l\cd with !he IWHdling uf
Wi/SIc <llId includes localions idenlilicd wilh solid waste lalldf'illing or associated activities involving the handling
of snlid WII$lC. The presence of a sile on this li~1 docs lIol ncctssarily indicate e.~ iSling environmental
conl<lminalioll, bul rathel'1he potential. 'll1t F[)E~P assigns score~ 10 the siles biL~ed on Ihc threat to humun health
,lIld (he envirnnl11enl. "['lIe Rank is delcrmim:d by the site's Score alld rene,ls the Slal\:'S priorily for remedial
action on Ihat sile. Typically, the l(lwer the Rank value, Ihe greater the pliarity for remccHal uclion FrOIll Ihe
s1",ttc.
St:tf{'rrribal UJST; FDl::1' LEAKING UNDeRGROUND STORAGE TANKS UST - dataoase of
petrolenm storage lllnk syslems that have rcported lhe possible release of co/llaminants, lncluded within this lisl
are sites thai are in lhe Florida Early De!ec1ioll Incentive (EDI) Progr~lll, the AbalH]ollcd Tank ReSloration
f'mgralO (ATRP) and lhe l>clToleUll1 Lillhility Insurance Reslorati"n Progralll (PLlRP). These progrums support
l'cmeditllllctiClll or reimbursement. for those sites with environmental problems due to lenking fuel slornge tllnks.
Some sites listed in lhe report have nof yel neen accepted in tnese programs.
Stl\terl'ribllll<:C: FEDEP INSTITUTIONAL CONTROLS REGISTRY DATABASE Subsct- database of'
sites that hnvc ins1ilulionnl controls nnd engineering controls was developed to assist Wilh Iracking lnose
properties UpOIl which an instilutional control has been imposed pursullOl to the provisions contained in
Chaplers 376 or 403, F.S. POI' Brownfield sires the lCR has been prepared for the pubti!: ant! IOelll governments
t(, monitor the status of Ihose conlrols.
Stale!rriblll Ie: PE'DEP INSTITUTIONAIJ CONTROLS REGJSTRY DATABASE. database of
institutional conlrols VlIl.~ developed 10 IlSsist with trucking those properties upon which an institotional control
has been imposed pursuant lc) the provisiOlls conlained in Chapters 376 or 403, f'.S. For Orownfield sites the
ICR has been prepar'ed for the public and local governments 10 monitor the slat us (lfthosc controls.
Staterrriblll 8rownficlds: FDEP BROWNFTELDS REDEVELOPMENT PROGRAM DATABASE-
dataonse of reports ge/lemled from the Brownfield Access Dntllbllse which trocks Ihe number of designated
I3rownfield arens, executed Brownfield site rehabilitation agreements. stutt: and federal ptogrnm~ funding, and
locnl 8rOIVllfield coordinators' contact information
RADON: NTIS NATiONAL RADON DATABASE - EPA radon dfllft from 1990-1991 national radon
project colleCled for l'I vnriety of zip codes nCr<lSS the United Statcs.
Stllte Other~ FDf:I> SINKHOLES - dUlllhase of sinkholes from the Florida Geologicnl Survey Sillkholes.
DRYCLEANERS LlST - dlltabllse of dry cleaning fl\cilities regislered wilh the Dep<ll1lllellt. rnfonnalion
includes facility idenlificalio/l number, site location infol1llntion, related party (owner) information. !IIld facility
type and Slaws. Data is taken from the Storllge Tnnk & ContaminAtion Monitoring dlltnbasc. lhl: regislration
reposi1ory of dry c1cllncr facility data.
CATTLE DIPPING VATS - dalabllse of vats lhat were HUed with &11 arsenic 501lltion for the control alia
eradication of the canle fever tick. Olher pesticides slIch as DDT where also widely used. This is a slatic list
rrum 1910 through 19505.
F:nvi.ronmental FirstSearch Database Sources
NI'L: gP.-i Envil'Omnenlnl Protection Agency
Updated quat/ert)'
NPL Dclistcd: BPA EnviJ'(lllmCnral PrOlecrion Agency
Updatad qrtarlerfy
Cf:RCLfS: BPA Environmenlllf Protection Agency
Updated I.flla,.(er~v
NFRAP: l~PA r-:nvironrnentnl Protection Agency.
Updated quarterly
nCRA COR ACf: EPA EnvironlTlcntfll Protcction Agency.
UpdClled qlltlr/arly
RCRA TSD: EPA Elwironmenlnl Protection Agency.
Updmed ql"'r/IJrly
HeRA GEN: EI'A Envirollmental Protection Agency.
Updated quarterly
"'CdCl"lllIC J EC: EPA Environmcnlnll'rotection Agenc)'
l)pdaled qlw/,le,.ly
F..RNS: El',l/NHC Environmental Protection Agency
Updated .l"cmi,ollll1mlly
Tl"ihal LAnds: DOIIUTA United St;ltcs Depnrlll1cnt oftne huc1ior
Updalr!.d anll/lt'd(l'
Sl'alcfrriual Sites: n. l>ER/DE/'IEI'A Florida Department or Environmental Protection, tlurcnu of \Vl\ste
Cleanup
Upd:'l/ed qll,rrU:"~'"
SI-llle Spills 90: r:r. DEP F!orid:t Dl;pllrtrnent of Environmental Prolccr
I Jpdated quarierly
Stntcrrriblll SWL.: f'DE'P Florida Department ofEnvironmclltul Pmlcctioll
UpdMl!d (11111lJ{j/~1'
StatelTrillllllAJST: FDEP Florida Department of EnvirOllmCrltll( Protecliol1
Updated ql1a"fe/'~y
Slate/r'riblll EC: reDEP Florida Depal1l1lCnl of Environmental Protect
Updated quarterly
StatcrrribllllC: FEDEP Florida Department ofEnvimnrnenlal Protect
Updated qucwle,-(l'
Staterrribal Urownficlcll\: FDE'P The Florida Departl\1ent of Environmental Protection, Division of Waste
Management.
Upd(l/f'.C1 quurterly
Il/\ DON: NTIS Environmellwll'rOlcClion Agency, Nacion(ll Technical InForrnation Services
Upd(Jled pe.riodimlly
Stilte Olher: ,.'-DEI' F1nrida DCpl1rlmcnl of tllvironment"<:I1 I'rotecti(ln Stor:lge Tank & Contamination
MOllitoring.
Florida DeparlllleUlof Environmentnf Protection Catlle Dipping Vats
Updated qUl/l"(erly
En vironmen tal Fir.\'tSearcit
Street Name Report for Streets with in . 25 Mile(\~ of Target Property
Target Property:
8536 COLL.lERBLV[)
NAPLES FL 34114
,10B: 07-471.1
.__.~!..~~~ N a m ~ ___. _. . ,_n_" .. _...._._._.. .... ..... _J?J.~JIJ?.i!:.._.._..._......._S t r:~!!.!.N ~..!~.~.~ ...__ .._.___._........_.. --_.QiHf.!?.!.L...__._..__.
Rifle Range Rd
a.OJ N.
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Environmental FirstSearch
1.25 Mile Radius
AAI: NPL, RCRACOR. STATE
~.".- ~-"~....~..
f.ft.'rlrufl.J..e~u
FIRSF
8536 COLLIER BLVD, NAPLES FL 34114
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AAI: Multiple Databases
~539 C9LLlER BLVD, NAPLES.FL34t~4
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.;){. Environmental FirstSearch ;,......._.~.. It
,~jt.:I>. .5 Mile Radius r~v!"'!:d!t::,(J
'N"~'" AN SPlllS90, RCRAGEN, ERNS, UST. OTHER F!l~. I
85.36 COLLIER BLVD, NAPLES FL 34114 I
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APPENDIX IV
Historical Research Documentation
N
W 44)" E
s
FIGURE IV-1
AERIj.\~l PHOT()GRAPH
1940
~ 1ll1I Arollman &. Associates. r~:
~ Geotechnical, Environmental
. and M<lte(i~S:oJ)?!Jllanls_.
P~IASE I ESJl. t
HAM.'ItlOCK P^RK COMMERCE CENTER
NAPLES. COLLIER COUNTY, FLORIDA
r.."."" Hy- SL ':i<<~~ 02107
!';J.Hc. "",<".::qfjr.~.'I1"""''''
07-4"71 I, P.m'"."" G.L..... PO.!;; . .IV-l
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llffilI1 Vi
~
Ardaman & Associates, Inc.
Geolechnit:al. Environmental
and Mal ri Is Consultants
FIGURE IV..2
AERiAL PHOTOGRAPHS
PHASEIESA
HAMMOC/< PARK COMr...IERCE CENTER
NAPLES, COLUr~R COUNTY, FLORlOA
---..
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: Southwest Cllrner of the subject site looking
east
Photo 2: N.ortheast area of the subject site looklng west.
Photo 4: Southeast corner of the subject site looking
north.
Photo 6: Southwest comer of the subject site looking
north.
Photo 7: Northwest corner of the subject site looking easl
Photo 9: Central area at lhe subject site looking west from
the power line.
Photo 11: Solid waste observed on !he subject SIte.
Photo 8: Northwest corner of the subject site looking
south.
Photo 10: Central area of the subject site looking east
from the power line.
Photo 1:>.: Solid waste observed on ihe subtect site.
APPENDIX VI
Interview Documentation
Ardaman & Associates, fnc.
Geot!lCl10!cal. [t',v;rCI\!'I16nt;i\1 and
Maleria15 Cor.suilants
Febmary 1,2007
File No. 07-4711
SembJer-Ratllesnake LLC
.5858 Central Avenue
St Petersburg, Florida 33707
SUBJECT: Environmental Questionnaire and Disclosure Statement for rhe 20-Acres located
at Rattlesnake Hammock and Collier Boulevard, Naples, Collier County, Florida
Gentlemen:
We are enclosing a copy of all! Environmental Questionnaire and Disclosure Statement, which is
to be completed by 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 concern on the subject property at the above-referenced location. Please
complete this questionnaire, t.o the best of your ability, and immediately return it to liS so we may
perform the remainder of the ESA as described in our technical proposal submitted to Mr.
Michael Troxell of The Sernblcr Company, We will include the completed questionnaire as part
of the firml ESA report.
Please contact our office should you have Hny qu~stions concerning this questionnaire.
Very truly yours,
ARDAMAN & ASSOCIATES, lNC.
\hfl. ~,
~e~IS" .
Elwlronmentn Clentlst
Enclosures
SH7(i O~lI~tClrt KI3iJd, f!Jr. b~Y$t$, ft,,\(jd~\:l39'1~ . Pht:,:w':-(:?:mi7He-6.{W~FAX 1:23S.i !t?i.U4CFi
()!iicr* !U: 11l!!t(tW, COi>'!':a, _~M f-.1;t.~t.s,tAH):rt:. OiiUft{n" ~.o!t ChHfJOt!6. f";-or! SL ii:dG,. Stk(P.€b!:~. T:~i!an~t$~;~e. 'famp~l. VJ. P2tm t~{?tf!;I':
AROAMAN & ASSOCIATES, INC.
Geolecl1nic.af, Environmental. ,md Mal~rials COI1Slilll\nt
ENVIRONMENT At QUESTtONNAIRE AND DISCLOSURE STATEMENT
. .
I FtlE NO:
H....v.,..,.'vK. P..,...tiL.. r1<:'M...llr,.. pr.orV+l
PROJECT/l.OeA nON:
HISTORY:
Original Construction (date):
t-.1/A ' V,..c. '- .....r:
.
To the best of your knowledge has the subject property ever been l1sed as the following?
( ) Photo Developing Lab ( ) Junkyard J landfill
( ) Gasoline Slation ( ) Waste treatment-
( ) Auto Repair Facility ( } Slorage
( ) Commercial Printing Facility ( ) Disposal
( ) Dry Cleaners ( } Processing
( ) Industrial Facility ( ) Recycling Facility
( ) Herbicide or Pesticide Mixing or W None
Storage Facility { ) Unknown
( ) Marina
Does the owner/occupant have any kno\'Aedge of [he following reports for (he subject property that may
exist or are p;)f1dlng for the subject properly?
(I' Environmental Site Assessments ) Tank Closure Assessment Repo/1
06 Phase I ) Hazardous Waste Generator Notice or R.eporl
( ) Phase II i Environmental Compliance Audit Report
( ) Contamination Site Assessment Report ) None
( ) Risk Assessments ,) Geotechnical and/or Hydrogeologic Reports
II yes, can copies be provided? X Yes _ No e.'1 J":,.d. 1-.-"" ~ i\.~s ,,~..
Does the owner/occupant have any knowledge of the following items that may exist or is pending
fhe Subject property?
( ) Environmenl.al liens
( ) Environmental ViolatiOf1$
( } Deed Restriction. Environmental
( Engineering and/or Institutional Controls)
( ) Enforcement Actions./ Administrative
( ) lawsuits re: Hazardous substance release
M None
Does the owner/occupant have any knowledge of t/'H; following environmental permits that may exist or are
pending for the subject property?
( ) Solid Waste Disposal Permits ( ) NPOES Permits
( } HazardouS Waste Disposal Permils ( ) U(ldergrolJn<llnjection Permits/Registrations
( ) Wasle\.'1afeJ Permits 0' None
To the besl of your knowledge have the adjacent properties ever been used as lhe following?
( ) Ph.oto Developing Lab ( ) Junl-.')'ard I Landfill
( I Gasoline Station ( ) Waste lreatment .
( ) Auto Repair Faci'ily ( ) Storage
( ) Commercial Pnnting Facility ( ) Disposal
( ) Dry Cleaners ( ) Processing
( : l/'ldust/ial FHCilit'l ( ) R~y(;ling FaciHty
{ } HerbidCle or PHstit;lde Mixing or ( ) None
Storage Facility 'IJ{UHknown
) Marina .
PROPERTY.DESCRIPTION
~_ Acres
pO' Undeveloped Land
( ) Paving & Utility Improvements
( ) Occupied
,. ) Unoccupied. .
Utilities SeNing the Subject Property? N J f:i.
( ) Municipal Water
( ) MunicIpal Sewer
( ) Septic Tank
( ) Potable Well Water
( ) Irrigation Well
( ) Building Improvements
( ) Fenced
( ) Oil/Water Separator
( ) Floor Drains
{ } Grease Trap
( ) Storm Drains
Are there currenUy_ or Ie the best ot your knowledge arry topographic alterations such as?
( ) Fill Dirt Operations ( ) Stained So~
( ) Excavations t 1,..Burial or Bum Pits
( ) Waste Disposal Ponds or Lagoons M None
The means of healing and cooling the building? N/~
( ) Heating 011
( ) Electric
( ) Propane I Natural G<lS
( ) Radiators
Are there currently, or to the best of your knowledge have there ever been any?
Yes N Unknown Above-ground Tanks - Size & Content
Yes Unknown Underground Tanks - Size & Content
Yes UnKnown MortitorWe\ls
Yes Unknown Vent Pipes, Fill Pipes
Yes Unknown Hydraulic lifts
Yes Unknown Transformers
Yes ~ Unknown Industrial Drums
Yas 0 Unknown Caltle Pens
Yes 0 Unknown Callie Dipping Vats
IS there any known or suspa(.ied :
yes! Unknown
Yes Unknown
Yes 0 Unknown
Asbestos Containing Materials in the Buildings
Polychlorinated Biphenyls (PCB's) in electrical equipment
Radon Gas in Buildings
IS there currently, Of has there eVe! been or possible suspicion of past occurrences or:
Yes I UnknOWf't Groundwater Contsmination
Ye.s UOknown Soil contamination
Yes .0 Unknown Landfin I Burial Activity
Yes Unknown ChelTllcal1 Petroleum Spills
'Yes ~ Unknown Strong Odors
Are th~corrently or to the best of your knowledge have !here ever been any monitoring foc
Yes?~ Unknown Groundwater Quality
Yes (/'itQ) Unkno"...n Potable Water Quality
Yes (ffi;) Unknown AIr Quality
Are there currently <Jny of (hE! fe/lowing Plans for the subiect property:
( j Community Ri~lhl T(') I<now Plan ( ) Pr(!parndnu$s ,lnd Preventiol\ Plans
( ) Safety Plans
) Spill Prevention. Countermeasure. and Control Plans
Are or have there ever been any of (he following chemicals Of other hazardous materials stored on sileo?
( ) PeUoleum Products ( ) Solvents ( ) Caustic
( } Degreasers ( ) Lead. ~. ~Other
( ) Automotivellndustdal Batteries ( ) Acids 2Q None
00 you have MSDS sheets available on site? _ Yes _No
Have pesticides, herbicides or other agricultural chemicals been stored, mixed, applied or disposed
of at the prope1iy?
Yes @ Unknown
Describe any '.vasfes generated. stored. or disposed of;
TYPES QUANTITY PER MONTH DISPOSAL METHOD
-
. Attach lis! or crlfItinue 0/1 baClc or lhls page if necessary,
Are the manifests available (or review on site?
Yes __No
ProPertY Owner Of1ty:
How long have you owned the property? .; \...:.(.... ~~~-t"',....l.o... 2005
Has the property's purchase price been reduced because of envirpnrnental issues due to the presence of
hazardous substances or petroleum products? .._ Yes .~No
As the present owmuioccupanl of the property. or as an officer or a general partner of !he present owner of the
property (or the duly authorized represenLatrv'e or such owner), I hereby certify to and for the benefit of
lender/purchaser that to the m.'st of my knowledge, Ihe information disclosed above is lrue artd con'eet.
~~,....bi.v ~"'-'\1 p......l,-."'~l.\f tt4t.W
~~~~~
(Signature)
SL-, .'.,.. .Qc~~~J'~ ,..., ,,- (. "If
(Tille)
~"'::::".":""";::-
Interview Documentation
Q~~~onducled
lDl.~rvfew~,(
OWI\f;~r Interview
Terephone lotelview:
OccupanllnlerVfew
Oue-s{ionnaire J Mailed
Sent To:
APPENDIX VII
Resumes
SARA E. LEGGETT
ENVIRONMENTAL SCIENTIST
ARDAMAN & ASsOCrATES,INC.
i;ii\'.rrr<;rr fj:ll~ii 11r-jjji:iiiJ;,;.{'iC-l"<:.1I".OT.......,~-"-_. --..- .... - - -"--,, T'~.w'" , ">-~'-"'FlL~~~"" ".~_.,.~.,_. -,.. '" -- ," . ':Q5'dll
EDUCATION:
Bachelor of Science. Environmental Science. June 1997
University of Toledo. Toledo. OH
PROFESSIONAL HISTORY;
Present:
Environmental Scientist
Ardaman & Associates, Inc., Fort Myers, Florida
Responsible for Phase I and Phase " Environmental Site Assessments (ESA}
and Contamination Assessments. Responsibilities include determining and
performing scope of selYices and reporting for environmental projects.
2001 to
OS/2005
Environmental Specialist II
Lee County Pollution Prevention, Fort Myers, Florida
2000 to
2001
Responsibilities involved public industry inspection. Determining hazardous
waste generator status, amount of waste generated and disposal location.
Maintaining current knowledge of Resource Conservation and Recovery Act and
Florida Codes. Duties included instruction of Best Management Practices and
admlnisterfng proper record keeping.
Environmental Specialist
Lee County Department of Health, Fort Myers, Florida
Responsibilities involved investigation of septic system instaflation accuracies.
pre-construction evaluation of soil types and water table levels, and new home
septic system inspection for correct elevation. Duties Included safely regulation
enforcement for swimming pools, condos and apartment buildings and examining
fosler homes for child safety.
1999 to
2000
Chemist
Co Iller County Government, Naples. Florida
Responsible for testing surface and groundwater samples for Collier County.
Duties Included creating and utilizing spreadsheets in Excel. Participated on safety
committee for emergency situations (i.e. hurricane, fire and bomb).
1997 to
1998
Compliance OffIcer
Trans-Envtro, Inc., Cleveland. OH
Successfulty passed two DOT audits. ResponsIble for individual state permitting,
DOT compliance, fuel taxes and mileage. reportIng for multi-stales. Attained
knowledge of CFR 40, 49. 29: EPA, DOT, OSHA Trained all drivers for 8-hour
DOT safety class.
CERTIFICA TIONS
HAZWOPER Refresher Course - April 28. 2006
Certified Environmental Specialist in Onsile Wasfewater Treatment from the Department of Health.
Sept. 15.2000
HM-181. HM.126F. HM-215A. "Train the Trainer" Instructors Certificate. Feb. 25,1998
Hazardous MalerialsMlaste Training - December 22 - 23, 1997
40-hr. HAZWOPER training. Sept. 11. 1997
.". .. Ardarnan e. Associates. Inc.
~
ROXANNE GAUSE, r.E.
SENIOR ENVIRONMENTAL ENGINEER
AROAMAN & ASSOCIATES, INC.
~~7'~':"\.'~:"'~~'--""" 'r~~'K.1"~:b:if~gi1'SS!"':~I'''''''1i''L'~' .......,~~..~~~~.~"Afiol:~~9~-"~i~1Mr.l-....loio~til1R'..... -.l.o........a:..l.oHaiL~
EDUCATION:
Bachelor of Science in Civil Engineering (Environmental). Department of Civil
Engineering & Mechanics, University of South Florida, May 1991
Post Graduate Studies. University of South Florida
Bachelor of Arts in Sociology. College of Liberal Arts, University of West Ftorida,
Pensacola, Florida 1971
PROFESSIONAL H'STORV:
PRESENT
SENIOR ENVIRONMENTAL ENGINEER
Ardaman & Associates. Inc.. Fort 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 Assessmenl Repol1s
(5AR). Tank Closures, organizing and supervising remedial operations. Ucensed Asbestos Consultant,
responsible for overseeing Asbestos Surveys and Abalement Projects. Client liaison. involved in initial
proposals and services pricing, preparation and presentation of specific engineering projects and
subsequenl reporting of results and recommendations.
1993 TO
June 2000
PROJECT ENGINEER
Ardaman & Assoclates. Inc., Sarasota, Florida
Licensed Asbestos Consultant, responsible for Asbestos SUlVeys, Phase I and Phase II Environmental S;le
Assessments (ESA) and Contamination Assessments and Tank Closures. Responsibilities include
determining and performing scope of services and reporting for environmental projecls.
1992 to
1993
ENGINEER
Departmenl of Environmenlal Protection
Department of Domestic Waste Compliance, Enforcement ~nd Permitting. Temporal)! operallon permils,
NPDES compllance inspections, wastewater nutrient discharge studies, and site inspeclions for planls
grealer than one million gallons per day.
1991 to
1992
PROJECT ENGINEER
Wilson. Miller. Barton & Peek, Inc.
Utility and Wastewater Design.
PROFESSIONAL REGISTRATIO/llS:
Registered ProfeSSional Engineer. State of Florida. t998. No. 53261
Engineer Intern. Slale of Florida 1991
Licensed Asbestos Consultant. No. 0046
PROFESSIONAL AFFILIATIONS:
Brownfield Aqvisory 80am Member for The Cily of Fort Myers, Florida Brownfield Redevetopment
Program
Florida Engineering Society (FES)
Chi Epsilon
~ ~ Arciaman & Associates. Ine
~
ROXANNE GAUSE, P.E.
SENIOR ENVIRONMENTAL ENGINEER
ARDAMAN & ASSOCIATES, INC.
l~;'f'A;~"~~~"""~"~ ~ ......, 'r"'~Y jll ~ir~r'T"';~;t's1..... ''\dX<.h~~''-L'''''''''''~'''''''"r>>~;....wt]lf.!Ilf_tUl'''~~~'1,I:''''''''''''''''-'' Alb.rt;!" rl.lt\~'OtR -.........n_. -..~! C~.;..Q
CONTINUED;
HONORARY AWARDS:
· Florida Engineering Society, Calusa Chapter, Outstanding SeNice Award, 1999,2002-2004
Ci:R TIFICA TfONfTRAINING:
University of Florida TREEO . Center Asbestos Abatement Refresher: Facility Survey and Building
Systems (Reaccreditalion for Inspeclor Under TSCA Title IIIAHERA - November 7. 2006. Certificate No.
R060286-6496.
University of Florida TREEO Center . Asbestos Abatement Refresher: Management Planning
(Reaccreditation for Management Planner Under TSCA TiUe IIfAHERA) - November 7. 2006 Certificate No.
R060286.6497
UnIversity of Florida TREEO Center - Asbestos Abatement Refresher; proJee! Management and
Supervision (Reaccreditation for Contractor/Supervisor Under TSCA Title II/AHERA and NESHAP) _
November B, 2006 Certificate No. R060285-7855
Vern Roberts Environmental Training, Inc.. Asbestos Abatement Refresher: Project Design: October 10,
2006
40 Hrs. Hazardous Waste Operations and Emergency Response
8 Hours HAZWOPER Refresher - OHWQC-503105, April 26. 2006
~ ~ Ard<ifl1<lil & Associ(ltes. !m;.
~
EXHIBIT 21
PHASE I ARCHAEOLOGICAL ASSESSMENT
BY ARCHAEOLOGICAL AND HISTORICAL CONSERVANCY
A Phase One Archaeoiogical Assessment
of the ToU~Rattlesnake Parcel,
Collier County, FJorida
by
John G. Beriault, RA.
Craig A. Weaver, M.AG.
conducted under the direction of
Robert S. Carr, M.S.
Archaeological and Historical Conservancy
for
Sembler Company, Inc.
liliC Technical Report #678
December 2005
2005.142
Table of Contents
List of Figures
Consu.ltant Summary
Project Setting
Previous Research
Cultural Summary
Methodology
Results and Conclusions
Summary of Sites
Recommendations
References Cited
Appendix 1: 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 Foans
II
J
6
10
20
23
25
37
39
47
48
50
65
69
Ust of Figures
). Map of Tall-Rattlesnake Parcel project area 2
2. Aerial photograph of the Toll-Rattlesnake parcel 5
3. Map ofrhe Toll-Rattlesnake parcel area showing selected targets 22
and archaeological sites.
4. View northwest, Clamshell Cove Midden Site 8eR878. 28
5. Abraded sand-tempered plain body shere! found at 8CR878. 28
6. View east at the hammock containing the White Shell Hammock 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 Hammock, 8CR880 33
10. View north at Gene EIjavec sifting material from Shovel Test 6 in 8CR880 33
II. Jurnpstart Hammock Site (SCR881) showing location ofshoveJ tests, 35
site and buffer boundaries
12. View west at Gene Erjavec sifting material from Shovel Test 1 in 8CR88 I 36
13. View northeast at apple pond slough southeast of the Jump-Start Hammock Site 36
1I
CousuUtlnlllt SlImm21ry
In October through December 2005. the Archaeological and Historical Conservancy Inc.
(AHC) conducted an archaeological assessment for the Sembler Company, Inc. 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 andlor historical significance. This assessment
represents the completion of an earlier stage of survey, when the parcel footprint was
smaller.
This assessment was conducted in accordance with Section 106 of the National His10ric
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 IA-46, Florida Administrative Code.
The parcel encompasses parts of Sections 11, 12, l3, 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 containing tropical hardwood hammocks,
sloughs, deep marshes, and slash pine and cypress communities. The parcel contains 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 thilty.six targets or anomalies which
were identified as being possible hanunocks that could be associated with archaeological
sites. A total of ninety five shovel tests (45 em square) were dug across the parcel on
selected medium to high probability targets, usually oak, cabbage palm, or hC'lrdwood
hammocks. These tests were excavated to sterile sediments or to limestone caprock.
Five prehistoric sites were documented on the parcel. Four of these were previously
unrecorded (CR878-881) and one site, 8CR556, was previously recorded. The four
previously unrecorded sites are the Clamshell Cove Midden (8CR878), White Shell
Hammock Midden (8CR879), Deep Marsh Hammock Midden (8CR880), and the Jump-
Start Hammock Midden (8CR88!). Three sites were delineated with systematic shovel
testing. The other two sites are small and are encompassed within discreet upland
hammock "is~ands." All five are regarded as being of local significance, of which three
are 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 important in
history or prehistory" important to southwest Florida.
Sites CR556, CR878, CR879, CR880, and CR88l should be preserved if possible. If
preservation of all or parts of these five sites is not feasible, then additional
archaeological investigations should be conducted there 10 fully assess their signi ficance.
There are also three other areas of archaeological concern, Targets 3, ] 3 and 18, which
should be further investigated if developmental plans call for these three areas to be
impacted. Although our phase I testing there yielded no archaeological materials, a
phase 2 investigatlon is recommended because of the possibility that such materials might
occur
Figure 1. Map oftbe Toll-Rattlesnake parcel area
~
N
L_I...J~~,~
o 1/4 1i2 '1 Mile
USGS MApS: BELLE MEADE AND SElLE MEADt: NY", .1.9511..-.-____
')
JP'roject Setting
ThesubjeCtpar~~li~ located in parts of Sections 11, 12, 13, 14, 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 inunediately south and n011h of Saba} Palm Road in the
Ra1.tlesnake Hammock/Sabat Palm Road area of southwestern Collier County, Florida
(Figure 1). The i:: 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 swvey (Figure 2). The relevant USGS maps are Belle Meade and Belle
Meade NW, Fla.
The Toll-Rattlesnake parcel is situated near the eastern side of an extensive and
amorphous se11es 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 palmeltolcabbage palm
hammocks with varying percentages of tropical hardwoods that can include myrsine,
white indigo berry, white stopper, camphorwood, soft-leafed and shiny leafed wild
coffee, wild lime, lancewood, strangler fig, gulf gray twig, gumbo limbo, willow buslic,
mastic, hog plum, coral bean, fire bush, hackberry, red mulberry, and others. Other
moderately high-ground areas are rounded slash pinel saw palmetto islands containing
red bay, dahoon holIy, myrsine, staggerbush, rusty lyonia, pennyroyal mint, gallbeny,
fems, and w~x myrtle among other plants.
Flanking these high ground areas and running as north-south linear transverse
depressions are deep sloughs and bald cypress swamps and ma.rsh 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 include
cordgrasses (SparLina spp.) and succulent marsh plants sLlch as pickerelweed (PonLederia
lanceolala) and alTowhead (Sagitta ria spp.) and ferns such as swamp fem (Blechnum
serrulatum), 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 abundant
dead snags and logs of that species. At present, many of these features contain pop ash
(Fraxinus caroliniana), pond apple (Annona glabm), coastal plain willow (Salix
caroliniana), and buttonbush. Many acres, particularly in lhe 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 cOIing 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 recreational hunters.
The geology of the Rattlesnake Hammock area is characterized by solutioned limestone
caprock ly(ng exposed or overlain to various depths by sands or shelly marls. In cypress
sloughs, bHt particularly in cypress dome/solution ponds there are potentially deep
deposits of muck or peat. A fine tan sand found extensively in the district is Immol<aJee
fine sand which usually overlies relict marine deposits of shelly marl and marly limestone
caprock that are part of the Pleistocene Caloosahatchee and Fort Thompson formations.
3
These marine marls contain lenses and deposits of clay intennixed with varying
percentages of sand. These clays may have heen a source for ceramic manufacture by the
Formative period Native Americans. Mantling the Immokalee 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 associatecllimestone caprock
contain the index fossil bivalve) Chione cancellata, in quantity. Depths of sand or mad
overburden seldom exceed 70 centimeters. Many higher ground fOlmations in the area
appear to be bedrock unconformities that consist of fully exposed tabular slabs of
limestone caprock containing numerous ro\mded solution holes.
4
t,~_~~
o "/f41/2 '1 Mile appfOx.
--_.__-.J
Figure 2. Aerial photograph of the Ton-Rattlesnake parcel
-.--_~---
5
@
N
PrevioUJs Research
Southwest Florida has been a focus of archaeological investigations since the 1880s,
although much of the early work was directed toward the recovery of mllseum qUfllity
artj facts rather than understanding cultural processes. Griffin (1988:48-50) disclIssed
some of the very early references to archaeological sites 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) infonnal report on shell mounds and ancient canals Wus one of the
first reports of Southwest Florida archaeo'logical sites. At about the same lime as
Kenworthy's investigations, Simons (1884) gave a narrative account of some of the vet-y
large coastal shell middens, and Douglass (1885) provided further infonnation about
prehistoric canals (although he did not accept that they were prehistoric). One described
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 si Ie
(8CR41) on Horrs island, as evidenced by the presence of European artifacts (Griffin,
[988:50-51). Douglass visited Lostman's River and other areas in the Ten ThousDnd
Island area, and a visit to Horrs Island was briefly narrated in Douglass (1890).
In 1895 Dumford reported that cordage and other artifacts were recovered from a
mallgrove muck pond on Marco Island (site 8CR49). The material was shown to
Cushing, who mounted a major project to recover more material from the site. Cushing
(1897) reported recovering wood and other 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 accompanying the expedition. produced an exce[lent and
presumably accurate contour map for the entire Key Marco Shell Midden. This map 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) notes
that Cushing also focused attention on the nonagricultural chiefdom level of social
organization supported by the rich estuary and marine resources, although his
anthropological observations have remained overshadowed by the wealth 0 f arti fflcts.
Moore (1900, 1905, 1907) investigated a number of sites along the Collier/Lee County
coast, apparently attempting to find material comparable to Cushing's finds. Although
Moore provided information about site locations and general contents, most of his work
was extremely crude and uncontrolled, by both contemporary archaeological standards,
and by modem standards.
The first attempt to systematically survey and investigate arch<leological sites was
initiated by Ales Hrdlicka, who visited a number of sites along the coast and lidal
mangrove estuaries in 1918. focusing on the Ten Thousand Island region (Hrcllicka
1922). Hrdlicka noted that southwest Florida was a distinct region within south Florida
and made an attempt to type sites by function.
6
Matthew Stirling's (1931, ]933) excavation ofa burial mound on Hon's Island represenls
one of the first controlled excavations in Collier/Lee Counties (although he attempted
stratigraphic control. Cushing had little success in his wet site excavation). Tbe site was
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 reports by Stirling are
preliminary, and apparently neither a final report nor a skeletal analysis has been
published.
] OM M. Goggin was the first to define a south Florida cultural area (Glades Area), and
describe south Florida ceramics (Glades ware)) establishing a basis for later
archaeological work. He published an analysis of the ceramic sequence in south Florida
(Goggin, 1939, 1940). In later reports (Goggin, 1947, 1949a, 1949b), he formulaled a
basic framework of cultural areas and clu'onologies that is still Cllnent (although
modifications with additional data have been made, see further discussion below).
Goggin (1949b) summarized much of this information in an unpublished manuscript,
which Griffin (1988) thoroughly described.
III passing, one unfortunate aspect of Goggin's work was a dependence on infol11l(lnt
infonnation for location of sites (especially interior sites) and he had a real concern that
existing sites would be looted. This concern resulted in his either deliberately or
incidentally reponing vague locational data for many sites. Some of these sites have
never been satisfactorily relocated, although a few have undoubtedly been re-recorded by
later investigators.
For several decades, much of the subsequent archaeological investigations in the region
took place in Lee and Charlotte Counties, especially in the Cape Haze, Charlotte Harbor
and Pine Island areas. It is rumored that Goggin had a "gentleman's agreement" with
many of the other leading practicing Florida archaeologists of the time that the SOllth
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 archaeologica] arena fi'om the
end of World War II to Goggin's death in 1964.
ill 1956) Sears reported on a large village and mound complex at the mouth of T\lrner
River on Choko loskee Bay south of Matco Island, and in 1967 he repoJ1ed on the reSlllts
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 the Cushing site (8CR49). The resulting
publication of this work was some of the first repolted scientific archaeological work 10
come from the southwest Florida area in nearly twenty years (Van Beck and Vall Beck.
1965).
In 1967 through 1969, Marco Island was extensively surveyed and a few sites were tested
through excavation by Cockrell, Moncll, and others (Morrell, 19(9). No complete sile
7
report was ever published, although an unpublished and incomp!ete manuscript IS
available. Some of these sites were discussed in Cockrell's master's thesis (1970).
Widmer performed a survey of Big Key, John Stevens Creek, Barfield Bay, Blue Hill
Bay, and Collier Bay, which are proximal to Marco Island (Widmer, 1974). Widmer
eventually utilized his southwest coast experience to write a doctoral dissertation 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, 198J).
in Lee County, Arlene Fradkin and other investigators from the University 0 f Florida
began an ongoing involvement with the Pine Island SoundlSanibe! Island area in the
1970s. Her first investigations were at the Wightman site on northern S~mibel Island
(Fradkin, 1976).
Several archaeologists excavated at Horrs Island in the 19805. McMichaels (1982)
reviewed sites on Horrs 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 Horrs [sland in Collier COllnty. A IlLlmbcr
of the large shell midden village sites they excavated appear to be late .!\rchaic, ilnd they
expect to document a more elaborate social organization at these sites and larger
sedentary or semi-sedentary population sizes than previously known for thaI 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 documenting
the extent and intensity of inland resources, especially in the Big Cypress and Everglades
parks (Ehrenhard et aI., 1978, 1979; Ehrenhard and Taylor 1980; Ehrenhard et al., J 980;
Taylor and Komara 1983; Taylor, 1984, 1985). Griffin's (1988) synthesis of the
Everglades Park data is the defining work on south Florida archaeology to date. Athens
(1983) summarized some of the results of the Big Cypress survey, but more analysis of
this data resource is needed.
Beriault and colleagues (1981) reported on salvage excavations at Bay Wesl 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 Marco Midden
(Widmer, 1996). In the first season they excavated with the help of graduate students Md
volunteers. The results of their work have appeared in the Florida Anthropologisl.
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 reporls by
commercial cultural resource management consultants. While most of these reports are
limited in scope due to restriclion to a small tract of land, many have produced useful
summaries of regional archaeology, as well as insighlf~d analysis of the relationship
between site types and location and ecolypes. (Almy and Deming, 1982, 1986fl, 1986b,
II
1986c, 1987; Austin, 1987t Carr and Al1elton 1988a, 1988b; Deming and Almy, 1987,
1988; Fay and Can" 1990; Fuhrmeister et al., 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; Beriault, 1973, 1982, 1986, 1987;
Beriault and Strader, 1984). Many of these repo11s deal with small interior seasonal siles.
This avocatiol1ist society is one of the strongest voices for the protection of Collier and
Lee County archaeological resources, and they have been careful to document their
excavations, the majority of which are salvage operations on sites that have been heavi ly
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 severa) large parcels in
the Rattlesnake Ha~ock area. In 1993. AHC personnel investigated the Lely Estates
Parcel west and directly adjoining the present subject parcel locating seven prehisloric
sites (Carr and Steele, 1993). In 1998, A"He personnel conducted a Phase One
assessment ofthe three square mile Winding Cypress adjoining the 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 Johns and A.mity Roads east and adjOIning
the present subject parcel and documented four sites including an eastern component of
the Buschelman Site, 8CR726 (Beriault 2003). In November, 2003, AHC personnel
worked on the proposed CR951 (Collier Blvd.) road widening area adjacent 10 and west
of the subject parcel. The area of the western (main) part of the Buschelman Site,
8CR726 to be impacted was examined, and one previously unrecorded archaeological
site, the Sable Palm Road Site, located one half mile south of the Buschelman Sile, was
investigated.
In the early 19805, the Southwest Florida Archaeological Society through the efforts of
John Beriault and Charlie Strader endeavored to record all archaeological sites in COllier
and southern Lee County known to the group. Nearly 100 site fOIms were submitted 10
the State Site File. One of the sites in the subject parcel, HUllting Camp Hammock,
8CR556, is located in the project parcel and was filed at that time by Strader. 8eriaultl1Cld
visited the site in 1983 and noted it was a midden with sand-tempered plain ceramics 011
the surface and a recently abandoned modem hunting camp on !he site, however, an error
was made in recording the distance and direction of the site. The site is actllally located
approximately 900 feet to the southwest of the location reported in the 1985 site form.
9
Cultural SummfJry
Stirling was the first to distinguish the indigenous prehistoric cultures of southern Florida
in 1936 by defining a Glades cultural area, including all of south Florida (Cnrr et al.,
t994b:9; Milanich, 1994:5-6). Griffin (1988) pointed out that this was nol fonnulated as
a strict cultural area, but it was rather a geographic region with some common cultural
traits. Kroeber (l939), in a review of North American prehistory, utilized a slightly
different tenn, the "South Florida Area," basing his definition 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 aI., 1994b: 1 0; Goggin, 1947: 114-127).
Following Goggin's study, subsequent researchers have refined or altered the cultural
distinctions attributed to southern Florida's prehistoric populations. There IHIS 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 archaeological
evidence of spatial, temporal, and cultural differences (Sears, 1966; Griffin, 1974; Carr
and Beriault, 1984; Griffin, 1988). Griffin, in particular, questioned the distinctions. He
believed that SOllth Florida cultures varied only by local envirorunental conditions and
ceramic exchange rates. Griffin believed the inhabitants of prehistoric southern Florida
were mainly dwelling on the coast and that the interior was nearly uninhabited alld under-
utilized. Gliffin designated the entire southern Florida region as the "Circum-Glades"
area (Eck, 1997:5; Griffin, 1974:342-346). This new designation for the llrea was
furthered by a widely circulated book on Florida archaeology by Milanich and Fairbanks
(1980). Griffin later (1988) retreated to some extent from his earlier position as further
research (particularly by EIU'enhard, Carr, Komara, and Taylor in the Big Cypress and
Carr in the eastem Everglades in the 1970s 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)
fonned the basis for this contention. There is abundant evidence for cuHl1l'al (and
probably political or tribal) diversity in the various areas of south Florida. Carr and
Beriault particularly noted and defined differences between the lower southwest Florida
coast, which they telmed the "Ten Thousand Island" region, and the area to the north,
which they called the "Caloosahatchee" region. This latter area they bel ieved to be lhe
seat of the historic Calusa chiefdomship, although previous (and some subsequent)
researchers have called the entire southwest Florida from Cape Sable to the Cape Haze
peninsula (and beyond) in Charlotte County "Calusa."
Griffin, in his definitive 1988 synthesis on Everglades archaeology, atlempted 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), "t~e issue. ..appears in
part to be one of trying to detem1ine the significance of regional and temporal variation,
rather than whether these differences are rea!."" There is evidence that changes through
10
time in regional political affiliations or realties makes any model not addressing this
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 [n 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 af1iliations 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 ttrree distinct culture areas. Indian Hill on Marco Island lies thirty miles from the
projected interface by Carr and Beriault (1984) of the Caloosahatchee al:ea (called the
"the 'heartland' of the Calusa/' Carr et al., 1994b: 12) to the north. and the Ten Thousand
Islands area to the south. At a yet undefined point to. the east lies the Okeechobee cultural
areal but the boundary. if it is a definite, fixed one, is likely to occur in the vicinity of the
Immokalee rise forty miles or more to the northeast o.f Indian Hill. Further work is in
pro.gress by Carr to. address the issue of where the southwest boundaries of the
Okeechobee qulture 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 o.f this latter effort has resulted from comparisons made
between the recovered artifactg from the IOO-year period of scientific and nonscientific
excavation and collection by the variaus 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 flS a
whole. All of these efforts bave been mutually complimentary and certainly not
exclusive.
In so.uth Florida, the following periods and adaptations are generally accepted. Part of
this chronology involving the later or Fonnative period is called the Glades sequence in
honor of Goggin, the greater part of whose work in defining the ceramic sequence or
markers has withstood the test of time and subsequent criticism (Goggin, 1939, 1947,
1949c). From Goggin's day to present, pottery variability in form, substance, i1lld
decoration has proven useful for providing time markers, at least during tile
archaeologically-blief C:t 3500 year) peliod spanning the late Archaic and F0n11alive
periods that it was produced. Other .artifact types and their variations have, to. present,
proven somewhat less reliable as absolute indicants of prehistoric age. Radiacilrbon
dating, a phenomena of the last 30-plus years, provides, within the standard deviation
expressed. in plus-or-minus years BP (before presellt), a relatively absolute date for a
given sample and provides a yardstick 10 measure traits or distinctions in provenienced
artifacts. Determining and adequately defining what traits we call discern against Ihis
absolute is part of the ongoing function of the regional archaeological effol'!.
11
The following information is generalized and abbreviated. The dates are approximate;
transitions between periods are in reality more gradual that the maMer they are expressed
for convenience.
Paleo Period (14,000 - 8,500 BP)
During the Paleo Period, the first Native Americans began moving into the southeastern
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 Little Salt Springs in
Sarasota County (Cockrell and Murphy, 1978; Clausen and Gifford, ]975), Harney Flats
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 winters. The climate was also drier, and sea
levels were lower (Carbone, 1983; Allerton and Carr 1988a; Griffin, 1988).
One reason that possible Paleo period sites have not been discovered in Collier and Lee
Counties is that the shoreline may have been as much as 100 miles further west due to
lower sea levels. Drier conditions may have made the interior very inhospilable, and the
shallow estuarine and littoral sites that existed were flooded by post-ice age Ho!ocene sea
nses.
Any possible interior sites from the Paleo Period may be unrecognizable clue 10 lack of
diagnostic artifacts, subsequent reuse of site areas, low poplllatton densi Iy, "'Dd 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 uninhabitable during
this period due to an absence of key conditions for the successful hunting of large game,
a trait of the Paleo period.
Archaic Period (8,500 ~ 2.500 BYl
The Archaic period reflects a post-Pleistocene shift in adaptfltion marked by an increase
in the seasonal exploitation of a broacl speclmm of food resources, a mOre res!ri<.;ted use
of territory clue to regional specialization, Clnd more semi-sedentary habitution sites. No
ceramics are known until the Late Archaic. During the Archaic, regional specializations
became more marked, not only with material culture but also with distinct local
utilization of local plant and animal resources.
As mentioned above, there is, as yet, no firm evidence of human presence in southwesl
Florida during the Paleo period. This apparently is also tnle for the Early Archaic {850Q.
7000BP), as there is evidence of an environment too arid to support sCTlIb 0,,1<, and the
presence of shifling wind formed dunes (Watts, 1975; Widmer, 198J). No early Archaic
sites are known from 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) thro~~h s9HtP....Fl?rid~...MiddleAr8h~i8sjt~s
dating from this time are rare, aHltough the Bay wesf Nursery site (8tR200) "in Colliel:
County a.nd the Ryder Pond site (8LLl850) in Lee County near Bonita Springs provide
evidence of occupation, as do several sites in southeast Florida. The Bay West site is a
Middle Archaic cypress pond cemetery, associated with a lithic scatter. The Ryder Pond
site is a similar mortuary pond site surrounded by pine f1atwoods (Carr and Heinz, 1996).
Beriault has also recorded several aceramic shell scatters in coastal sand hills (paleo
dunes), some of which may date to the Middle Archaic. Ori ffin (1988) Sll mrna rizes
evidence indicating that despite the rise of avai [able surface water, brackish estuaries and
other major modem landscape features had not fanned, and population (or repopulation)
was still sparse.
During the Archaic peliod sea levels began to l;se at a fairly rapid rate, estimated al 8.3
em. per 100 years 6000-3000 BP, and 3.5 cm per 100 years aftelWards (Scholl et cd.,
1969), although whether sea levels were steadily rising or oscillating is still unclear (see
Griffin 1988; AIlelton 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 welter (and warmer) in the interior,
cypress swamps and hardwood sub-tropical forests established themselves by aboul 5000
BP (Carbone 1983, Delcourt and Delcourt 1981).
By late Middle or early Late Archaic times (4000 years BP) there were significant shell
mounds and middens on Hons Island, Marco Island, and elsewhere in the cOBsla) regions,
suggesting that the estuary system had been established and was bein g uti] ized to 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 <lno
5600 BP, suggesting that the Middle Archaic as well as Late Archaic periods saw a
growing dependence on shellfish resources (Milanich el ai., 1984). There are aceramic
coastal sand hill and interior wetland sites as well, but. these have not been demonslraled
to be Archaic despite some investigators equating aceramic with preceram ic.
Radiocarbon dates for these sites would clarify this point.
Allerton and Carr (1988) noted that a number of stratif1ed sites in the wet mangrove and
marsh areas of the Everglades, as well as on Borrs Island, contain Archaic pl'eceraJl1ic
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 CalT point
out that if the wet tree islands were initially used by Archaic people, then at least some of
the hardwood hammocks in swamp environments were raised in elevation (wilh
subsequent changes in vegetation) due to human activities. Post-Archaic people
extensively utilized these hammocks and continued to advance their development as
distinct geomorphic features. This is obviously an area where additional archaeological
investigations have a potential to contribute to understanding the interaction or.
geomorphic 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 after 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 welt as being marked by an accelerated
trend toward regional specializations.
A number of the large shell middens on Marco Island (Cockrell, 1970), Hom' Island
(Russo n.d.), Cape Haze (Bullen and Bullen, 1956), and elsewhere date from this period
or earJier~ as they contain fiber-tempered ceramics, although there <:Ire known aceramic
(preceramic?) levels below the Orange Phase deposits that may date fo the Middle
Archaic. These shell middens are usually capped by deposits from later occupations <\s
well.
Formative Staee or Glades Periods (2500 BP ~ 500 DP)
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" (I<.roeber, 1939). However, there is
certainly evidence from the specialization of tools, from the beautiftllly-execlltecl wood
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 lhe C,dusa
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 often by reduction in
the size of stone projectile points.
The FOlmative Stage (beginning about 2500 BP) is divided in south Florida into tile
Glades Periods sequence. Subsistence adaptation is marked by a narrowing specll'lll11 of
resource use, as well as continued trends toward regional diversify and ecological
specializations, marked in part by the proliferation of inland resource ex traction
encampments.
Formative Period cultural evolution eventually led to increased political sophistication,
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 contact times the
Calusa were the dominant tribal group, gaining broad political influence and at least
partial control over much of south Florida as far north as central Brevard COllnly.
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 Fonnative Periods, vi Ilage sites grew to the proportions of large multi -llse
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 watercourts.
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, r\l1d
pelmanent ponds were seasonally visited for extraction of natural 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.
In 1992, Dickel and Carr excavated an apparent Deptford Period burial mound (the Oal<
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 extend 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, and larger inland game. The inland sites show a grealer reliance
on interior resources, including large, medium and small mammals, turtle, small
freshwater fish, alligator, snake, frogs, and, sometimes, freshwater shellfish. Interior and
coastal resource exchange can be documented by the consistent finds of moderate
amounts of marine shell in many interior middens, as well as interior resources in coastal
middens.
The Fonnative Stage (with a nod to Goggin) has been often termed the Glades cllflllr<11
tradition. Much of this "tradition" is focused on decorated ceramics, the minority in the
archaeological record, although the majority of recovered (rim) sherds are plainware.
However, despite this, pottery (and its decorations) is usually utilized as the major
temporal marker(s) for fitting sites into a temporal framework. Changes in pottery clo not
represent mere changes in artistic motifs, but reflect inter- and intra-regional trade
contacts and outside cultural influences (possibly through exogamy, shifting of
populations, and even the through evolution of a culture through time). Whatever the
influences, the Glades tradition is continuous from post-Archalc times to conlact times.
Despite the fact that exogamy is likely to have been practiced, traders or olher specialisls
. probably moved between major cultural areas in small numbers, and genelic flow
probably accompanied cultural exchange, although perhaps not on the same scale. This
may have increased in later times due to use of traditional obligations of kinship and
intermarriage to stabilize alliances that were not codified into a fonnallegal system.
i5
The following table has been modified from several sources, but it is predornillantly
based on Milanich and Fairbanks (l980), 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 timing of the Glades !a
and Ib division.
TABLE 1: GLADES CULTURAL SEQUENCE
Glades 1a (2500 BP - 1500 BP) First appearance of sand tempered plain pottery, .
but little else to mark a difference ano the
preceding Late Archaic. Sand ternpered plain
remains a predominate type throughout the Glades
sequence.
Glades Ib (1500 BP - 1250 BP) First appearance of decorated sand-tempered
ceramic (Ft. Drum Incised, Ft. Drum Puncta ted,
Cane Patch Incised, Turner River Punctate),
plainware common. Pottery rim grooving and
incision decorations become widespread.
Glades Ila (1250 BP - 1100 BP) First appearance of Key Largo lncised, Sanibel
Incised, Miami Incised, and plainware lS common.
Distinction between ceramics of southeast and
southwest Florida becomes app<'\renL Ten
Thousand Island area distinct fr0111 Caloosah<ltchee
area. First mound construction- increased soci al
-.-stratification?--.Populalion- size may have
approximated that at contact.
Glades rIb (I 100 - tOOO BP) First appearance of Mate cum be Incised; Key Largo
Incised common on east coast, Gordon's Pass
Incised common on the west, and plainware
common throughout.
Glades IIe (1000 BP - 800 BP) First appearance of Plantation Pinched, but few
decorated wares with a preponderallce of plain ware
(there is some evidence of population reduction-
perhaps due to a cataclysmic even I). Non-local
pottery (e.g. St. Johns Plain and Check Stamped,
Belle Glade Plain) appears.
Glades Illa (800 . 600 BP) First appearance of Surfs ide Incised, increasing
quantities of S1. Johns pottery (especially on East
Coast), and Belle Glade pot!ery.
Glades HIb (600 BP - 500 BP) Glades Tooled rims appear (rare on West Const),
zoned punctate designs, but general decline in
incised decoration. Belle Glade ceramics common
J 6
on west coast. St. Johns ware present but rare on
West Coast, common on East Coast.
Glades IIIe (500 BP - 300 BP)
Continuation of IITh ceramics, with
pronounced flaring of rims and embossing on
Glades Tooled ceramics. Mound burial
constl1lction less common with intnlsive bmials
into existing mounds, appearance of Eutopean
goods, plainware common.
By European contact times (the first half of the 16th century), the southwest coast of
Florida was maintaining a vigorous, P9ssibly expanding political chiefdom wilh a broad
network of alliances, as well as a rich and ancient cultural tradition without an
agIicuItural base. However, direct conflict with Europeans and, more importantly,
exposure to European diseases led to the rapid decline of the Calusa. By the mid 17005
their numbers had greatly diminished. The remnants of this once-powerful tribe may helve
left south Flolida in the 17608 with the Spanish for relocation in Cuba. Others may have
become indistinguishable from Spanish Cuban fishermen who worked the greal fishing
"ranchos" in the Pine Island Sound region catching and salting fish for export (0 ClIba.
Other groups of Native Amelicans may have fused with the Creek-derived Seminoles.
(n the late 17008, members of the Creek tribe were forced into Florida from Georgia and
Alabama. They were later called Seminoles, from the Spanish tem) "eimmarones."
Pressures from colonial (and Ia.ter) white encroal?-runent on their traditional ten'ilories
forced them into the Big Cypress and Everglades area by the 1830s. By this time, mOSI or
the cultural identity of pre-contact times had been lost, although some of the Call1sa
subsistence strategies may have been partly adopted by Seminoles. A number of
Seminole period sites have been documented on earlier Glades middens. This
coincidence may in part reflect the paucity of high land in the interior (Ehrenhard el al..
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 archaeoJogically, making these foci for historic Seminole
gardens and fruit groves.
Seminole periods in south Florida are divided into I (1820-1860), II (1860-1900) and m
(1900-1940) (Ehren.hard et al., 1978). Post-l940 Seminole camps are designated "Late
Seminole" in some reports. These designations reflect the different stages of Seminole
migration into south Florida, Seminole displacement and active conOict with the
expanding American culture, and the eventual refuge by Seminole remnants in Big
Cypress and Everglades regions. Military records, and, in particular, several sketch rnllps
by military personnel done in the 18305 and 18405 and the Ives military map of SOllth
Florida (1856) shows evidence of investigations at and near "Maleo Inlel," "Casimba,"
"Good Land," and "Cape Romans."
17
Seminole Wars in tbe Southwest Florida Area
The advent of the Second and Third Seminole W~.rs (1834-38, 1855-58) disrupted the
peaceful settlement of the Southwest Florida region. There were a number of forts,
"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 intennittently through 1841, and again in 1855. After a hU1Ticane
destroyed Ft. Dulaney in 1841, Fort Harvie was established upriver. The name oft-his fort
was changed in 1850 by its commander General Twiggs to honor his new son-in-taw,
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 lip the
Caloosahatchee River. They were: Fort Denaud, Fort Adams, Fort Thompson, and Fort
Center 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, Fort
Shackleford, and others.
A number of military expeditions were sent south along the coast during the Second and
Third Seminole Wars with the objectives of interdicting trade in guns and ammunition
between the Seminoles and the Spanish-Cuban fishing community, and hunting and
capturing Indians. 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 Fort Harvie (Fort Myers) in February 1838. Elements of Lawson's
command explored the area in and around the Caxambas Point area, discovering two
abandoned indian 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 Caxarnbas mea in
1858, describing the ambush of Captain Parkhill's party at the headwaters of Turner
River. The Collier County Museum is the repository for a collection of military artifacts
purportedty found by a local collector near Indian Hill in the early 1 960s. This mClteriClI
may have originated with one of the various military expeditions stopping at Cax,)mbas
Point.
In the Rattlesnake Hammock area, Old Fort Foster was established and occupied several
times as a "temporary depot" This installation was situated along a trail crossing a
hammocl( 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 times. There is evidence from military maps of Seminole Wars
period that various villages and encampments of Seminoles were in the general area of
the hammock. By the L 880s, various white settlers and homesteaders sllcll (IS I he
Whiddens, Carrolls, Smiths, and Kirklands had settled the area of Henderson Creek
18
immediately south of Rattlesnake Hammock. These early settlers farmed the Henderson
Creek area and hunted up into Rattlesnake Hammock. Various early sportsmen visiting or
wintering in Naples took oxcart trips into the Rattlesnake Harrunock 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 0 f pi ne and
cypress in the Belle Meade area south of Rattlesnake Hammock. State Road 95] was
built in the late 1950s/early 1960s and opened up Rattlesnake Hammock to development
by landholders. The Sabal Palm Road community was created during that time penod.
Landscaping demands in the rapidly-developing Naples area caused early residents Stlch
as the Langford family and "Monkey" Hunter to dig and transport cabbage palms from
the hammock. Other individuals such as Seth and Buster Johns harvested cypress trees
for their sawmill on JOMS Road near the subject parcel. .
In the early 19805, 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 at the newly
created Florida Sports Park east of the intersection of Rattlesnake Hammock Road am1
CR951. This venue comprised a series of races by "classes" of homemade off-road
vehicles, generally utilizing outsized tires and custom made chassis called "swamp
buggies". The first swamp buggy was reputed to have been created by Ed Frank Sr. of
Naples in the 1920s with the originat purpose of using the vehicle for hunting. Formal
races the week prior to hunting season were first held in the late 1940s at a marsh called
Newman's Pond slightly north of downtown Naples. The present-day Races contin.tle this
local tradition and feature ever more powerful and creative machines driven by drivers
who are now members of an association and featured on various television Sporls
Channels.
The Sable Palm Road/Rattlesnake Hammock area today is seeing increasing density of
development with condominium communities and upscale single fmnily home
construction being created along the Collier Boulevard (State Road 951) con'idol'.
19
Methodoi(j)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 infom1ation from the Master Site File in
Tallahassee concerning nearby sites, and 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 floral 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 Si Iver
Hard Hat Site, 8CR826 recorded by Cluistine Newman and Mary Glowacki during their
survey of the Picayune Preserve. It has been determined that this latter site lies in a 20.
acre out-parc.el within the present parcel.
Research Desi~n
This phase 1 archaeological survey of the ToB-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 probability 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, a/so was
extensively used to locate and select targets for testing.
Fieldworl(
initial visual inspection of the subject parcel identified a wide range of topographic and
vegetative features. A few arei'S of the parcel. particularly those closesllo State Road 951
had been severely impacted by prior clearing, scraping and borrowing activities. Most of
the invasive exotics such as meleleauca and brazil1ian 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 ill 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 the parcel were assessed by windshield or pedestrian survey and any
additional targets noted for further investigation. A total of thirty-six targets of possible
archaeological sites was identified from aerial imagery and from fLUCFCS map
designations and ground truthing. Chris Emblage of Passarella and Associ8tes was
20
interviewed by AHC personnel and gave additional valuable information that 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 sleri Ie zones,
generally depths exceeding 50 centimeters. Systematic and judgmental shovel tests were
dug in locations on twelve targets. AU dug sediments were screened through Y..,'; 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 ARC lab in
Davie for evaluation and conservation. All recovered material will repose at {hI::
Historical Museum of Southern Florida in Miami.
CoilectnoAS
All recovered materials (FS 1-18) were cleaned and quantified (AppendiK 1).
Era fOlrmamts
Chris Bmblage of Passarella and Associates, project biologist, was interviewed in FOl1
Myers as palt of this assessment. He identified several hammocks across the parcel that
were visited and assessed.
21
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1 Figure 3. Map of the Ton-Rattlesnake :parc~] ar-ea showing .ardllloological
t::trget5 and sites .
l () .Me'MEOlOGIC.'lSITE
~ = SE'.EC1EU T....(;<o r-:---:~,. ===:1
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Results arnd COR)chuions
This phase I assessment of the Toll-Rattlesnake Parcel resulted in the 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 by both artifacts and ecofacts-specifically
faunal bone, maline shell, and sand-tempered ceramics.
One previously recorded site, 8CR556, the Hunting Camp Hammock, was assessed on
the parcel. ft 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 #8 and determined to be a
low probability area for archaeological remains). 8CR556 is located to a tropical
hardwood hammock used as a modern hunting camp dating from circa 19705. A shovel
test in the central part of the site produced faunal bone and sand-tempered plain ceramics
(FS 4).
Four previously unrecorded archaeological sites also were recorded on the pal'eel. All are
prehistoric camps or small 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 caprock 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 live oakJcabbage palm hammock adjoining a
deep slough to the south and west. A columella "chisel" made from a Btlsycon
contrarium (lightning whelk) and fauna! bone was recovered during testing of {his site
(Figure 7).
The Deep Marsh Hammock Site (SCR880), located a little more than a quarter 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 pennanently wet. 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 feet west-northwest
of the Hunting Camp Hammock Site and is an elevated, midden yielding marine 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 01'
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).
Considel;ng the distance of the five sites from the coast, approximately 8 to 10 mi les, it is
possible that these sites were camps and stopping points along a principal canoe trail
connecting the coast to the interior. The rich bio-diversity of the Rattlesnake Hammock
area, suggests that it was a destination location over at least a tllOusand years for coastal
23
shellAmound Indians who traveled up interior river/slough systems to acquire needed
resources. Very likely these Indians returned to the same ~ocales seasonally over
extended periods of time, maintaining camps and villages over the centuries.
All five prehistoric archaeological sites (8CR556, 8CR878. 8CR879, 8CR880, 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, 8CR878, and
8CR88] could provide important infonnation regarding prehistoric subsistence patterns
and habitats. Sites 8CR879 and 8CR88Q 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 parcet. 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 palmetto
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. Similarly, Targets 3 ancl18 were also shovel tested 'without any archaeological
material encountered. These three features will need additional archaeological
investigations if they are to be impacted by fulure development.
No human remains were recovered from any of the assessed sites. Midden graves are
common in southern Florida, thus :Ill 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 Unmarked Human Graves Act, wi!! apply.
A site search with the Florida Department of Historic Resources indicated that the Silver
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 determined that this site lies in a 20-acre oU1-parcel within the present parcel
(Figure 3).
24
Site Nairne:
State Site NlJlmber:
Euvironmel:8t31B SeWng:
Location:
Site Type:
Site Function:
Oescriptlon:
Curronology:
ColDections:
IP'rcv!oUlS R.esearch:
Summary of Sites
Hunting Camp Hammock
8CR556
Tropical hardwood hammock surrounded by low "halrack"
cypress
Range 26E, Township 50S, Section 13
Midden
Habitation, resource extraction
The site is located on a tropical hardwood hammock island
with a limestone 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 llsed as a
hunting camp circa 25 years ago. Prehistoric material
recovered includes faunal bone and sand-tempered plain
ceramics. The site is vegetated in cabbage palm, mnture
camphorwood, marlberry, myrsine, hog plum, wax myrtle,
and red bay. Note that the location recorded in tbe 1985 site
form is wrong and has been revised as a result of this
assessment to about 900 feet from its prevlous reported
position.
Prehistoric: Glades unspecified
Faunal bone, ceramics, marine shell (FS 4)
Strader, site file form, 1985
25
Preservation QuaUly:
Owuenbip:
S i gnifican ce:
Good to excellent, a modem hunting camp has occupied the
site, but with little apparent below-ground disturbance
Private
Site is of local significance and is potentially eligible for
listing on the National Register of Historic Places.
26
SUe Name:
State Site Number:
l'lnvh'ollimclltal SeUiog:
ILOC31tO0ll1 :
Site Type:
Site Function:
Description:
Chronology:
Collections:
Previous Researcb:
PrreseJ(VatBon Qf.taJity:
Ownership:
Sigllificance:
Clamshell Cove Midden
8CR878 .
A tropical hardwood hammock tree island surl"ounded by
low cypress
Range 26E, Township 50S, Section 14
Mi dden
Habitation, resource extract.ion
The site is charaeterized by an intensive midden deposit. 11
is 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 concentrations
of cultural remains occurring near the center. Estimated
site size is about 250 by 150 feet. Maximum elevation
approaches three feet (80-90 em) above the slItTounding
cypress strands. The site is vegetated in a diverse tropical
hardwood hammock which includes large gumbo limbos,
very large mastics, satinleaf, marl berry, gulf gray twig,
camphorwood, white stopper, hog plum, willow btlstic,
spanish stopper, myrsine, wild coffee, Pisonia acule({[Q.
wild indigo, and other plants. The soil is a gray ashy
midden. A total of three shovel tests revealed abundant
faunal bone, sand-tempered plain ceramics, and lllarine
shell consisting of venus clam, lightning whelk and Lucine.
Prehistoric: Glades I, D
Faunal bone, ceramics (22 STP), marine shell (FS 5-8)
None
Good to excellent, the only disturbance noted was animal
burrowing
Pri vate
Site is ofJocal significance, and is potentially eligible for
listing on the National Register of Historic Places.
27
';j~l::\", .
'\...1
',"-
Figure 4. View northwest at tall
gumbo limbos growing OIl Clamshell
Cove Midden Site, 8CR878
Figure 5. Abraded pla.~n body shed found at surface-level,
ST~ kG, 8CR878. This shed may have been used as all abrader forbm'~e points.
.) (1
-l,.O
Snte Nmme:
S~~~e Site Numher:
EnviroDmentall Setthng:
lLo~atnOkll:
Site Type:
Site FUfl1dROI1:
'Oescrip(ioll! :
Cbl(o!1l0Rogy:
Collections:
Previous Researcb:
Preservation Quality:
OWl]ersinip:
Signific3llce:
White Shell Hammock
Large live oak/cabbage palm hammock situated northeast
of a deep circular marsh
Range 26E, Township 50s, Section 25
Midden
Habitation, resource extraction
This site as located on the northem 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 ofthe site is in the north-central part of
the hammock ar about 60-70 em above sUlTounding cypress
wetlands. Shovel testing recovered faunal bone and a shell
"chisel" created from the columella of a lightning whelk
(Fig. 7). This tool may have been llsed in woodworking.
Further delineation at the site perfom1ed by Craig Weaver
indicates distribution of material may be discrete and
"spotty". Phase 2 testing would be necessary to determine
the site's exact e~tent and significance. A tot(1) of 10 lest
holes were dug here but only one was positive for cu)tural
materials.
Prehistoric: Glades unspecified
Faunal bone, shell tool (FS-2)
None
Very good to exce[]ent, there seems to be liltle below-ground
disturbance
Private
The site is of at least local significance, but based on current
data, is not eligible for listing on the N(1tional Register 0 f
Historic Places. Phase 2 testing is recommended for a beller
detennination of significance.
29
~..".--.; ~~i ~:"....'."'~ _.,.,
Figure 6. View east at White Shell Hammock containing the prehistoric site,
8CR879
Figure 7 A Busycon contrarium columella "chisel" .or $Quge fotmd 31
15 em depth, ST-2, White Shell Hammock SHe, 3{:R.879
Si~e Nalme:
Deep Marsh Hammock
Sta~e Site NllJmber:
ErmVDR"Olllme!lltal Setdng:
Lo<csdolD:
Sate Type:
Site Ftnlllction:
Description:
CllBroDology:
Col3ecdoRDs:
Previous lResearcb:
Preservation Quality:
Ownership:
Significance:
Ovoid, slightly elevated cabbage palm haml1locl( with deep.
marsh lying to irrunediate 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 at the north end of
a deep tear drop shaped marsh. The marsh has a nearly
year-round hydroperiod. The site size is estimated to
include most of the hammock and measures approximately
150 by 200 feet. Maximum elevation is aboLlt 10-20 inches
(30-40 em) above the immediate surroundings. Testing
included nine shovel tests ofwhieh one was positive. Sand-
tempered plain ceramics were uncovered at a 20-55 em
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 unspecified
Sand-tempered plain ceramics (FS-3)
None
Very good to excellent, there IS '.ittle below-
ground disturbance
Private
The site is of at least local significance, but based on
available data, is not considered eligible for listing on the
National Register of Historic Places, although Phase 2
testing could change that assessment.
31
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Figure 8. Deep Marsh Hammock Site, 8CR880, sho'wing location of
;V':O:I:~:E SHOVEL TEST ~Z
o =NEGATIVE SHOVEL TEST ~
o "'PINFL<\GGED BOUNDARY POINT r-~ ~
" SITE BOUNDARY ~!--==--=
· GENERALEx".T OF HAMMOCK 0 ~ ~D lib'''"", .
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Figu.re 9. View north. Vegetatioll in pond apple swamp south of Deep Marsh
Harnmock Site. 8CR880
Figure 10. View north. Gene EIjavec
sifts material from Shovel Test 6 in
Deep Marsh Hammock, 8CR880
Site Name:
State Site Number:
Location:
Site Type;
Site Function:
Description:
Chronology:
CoUectioKlS':
Previous Research:
Preservation Quality:
OWAlersbip:
Significsoce:
Jump-Start Hammock
8CR881
Range 26E, Township 50S, Section 2S
Midden
Habitation, resource extraction
Estimated site size is about ISO feet (50 meters) in
diameter. Elevation slopes upward from the surrounding
cypress strand and peaks near the west-central pan: 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. A Iso
recovered was marine shell that includes lightning whelk
and kings crown. The tropical hammock has <lreas of
coppiced hardwoods such as camphorwood that may be
indicants of areas of midden intensily. Systematic testing
there indicates extensive faunal bone with 31 sand-
tempered plain ceramic sherds indicating a FOrl1Hl{ive
period component to the sileo
Prehistoric: Glades unspecified
Faunal bone, possibie bone pin, manne shell, 31 sand.
tempered plain pottery (FS-l, 9-18)
None
Very good to excellent, some surface trash indicates llse of
the harrunock as a modem hunting camp, but there seems to
be little below-ground disntrbance
Pri vate
The site is of at least local significance, and is potentially
eligible for listing on the National Register of Historic Places.
34
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Figure 11. JumpstartHamlTIock Site, 8CR881, showing ioeation of
shovel tests, site and buffer boundaries.
~
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o =NEGATIVl: SHOVEL TEST
[] =PINFLAGGED BOUNDARY POINT
- =SITE BOUNDARIES
~-.n~~~_~'~rdJ
o 25 50 '100 Feet ~ppfOX.
35
::~..;
'" c-,':','
;::
, '~.\)-
":__,.<'i..
:'~:'\ /:r :....~<~'r;,_.::.
~\ j~,",.j:~:e ..l; ~g~
_~t.~~ .:,.... . ~
~~~ l.
f,i' ..;p.,,,, ".
_r '\'t.. ~\
;"'t 'fi#
,l'
~
Figure 12. View west Gene Elj avec sifts Shovel Test 1 In Jump~Start Hammock
Site, 8CR881
Figuie 13. View northeast at deep pond apple sJ'Ough sou+JJeast .of the Jump-S~nrt
Hammock Site. This was the likely 'water source for the site.
Recommendations
The:arcfi~oI6grcar - assess.m~iircc()r"the .ton~Ramesnal(e Parcel resulted in the
documentation of five prehistoric archaeological sites: the Hunting Camp Site, 8C;R556,
the Clamshell Cove Midden Site. 8CR878, the White Shell Hammock SHe, 8CR879, the
Deep Marsh Hammock Site. 8CR880, and the Jump-Start Hammock Midden, 8CR881.
All five sites provide evidence of prehistoric habitation typical of small camps or
vi llages.
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 archaeologic.al
investigations should be conducted to further document and mitigate these sites to offset
any possible adverse impacts to these sites from clearing 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
construetion fence should be placed around the site.
9 Any clearing of the site (i.e. removal of exotic vegetation) will need to be
conducted by hand. No equipment should be used to clear the site or remove
- - - --- --debris from the site area.
e All clearing, grubbing, and subsurface alterations (i.e. utility ditches, roads,
planting) within 200 feet of the site should be subject to archaeological
monitoring.
~ No storage of fill, equipment, or supplies should be placed withjn [he site
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
future 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 morttlary ponds
(Beriault et ai., 1981 :57). The difficulty of adequately testing these features in a Phase I
survey should be considered in the 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 that human graves could be associated with any of these sites,
particularly where midden deposits are relatively deep. If human remains are
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 subject
parcel, there is still the potential of other archaeological sites, features, or arti facts
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
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Goggin. 1M (cont.)
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46
...... . ..
FS 1 Site # 1 Pr~))Veniea~e Depth Descripti~g] Collector Date
I CoUected
1 8CR88 1 ST I, I 20-65 Shell (61.2g), J8,GB 1/15/04
Target I ,em faunal bone (10. Ig),
I (Jump-Start charcoal (O.4g),
Hammock I wood (J .2g), I
Site) Root mold-(7 DC.)
2 8CR879 ST2, 0.15 Fauna} bone (3.5g), JB,GE 1/15/04 I
Target 2 ,em lightning whelk columella
1 I (White Shell chisel
I J Hammock
Site)
r 8CR880 ST6, ,20-55 Sand-tempered plain JB,GE 1/15/03
Target 6 ern I ceramics (9 pc.),
I (Deep Marsh I J charcoal (O.lg) I
Hammock \ I I
I __ Site)
r- 8CR556 I ST 7, I 10-30 Sand-tempered ceramics (3 JB,GE I 1/16/04
1 em I pc.), I
1 Target 10 I
Apperadu. I. Featbers Parcel GelllerallField SpecimeUl Log
I I (Huntmg I
, I Camp I
I ~mmOCk)
rs j. 8CR878 ST 8, Target 0-20 1 pc. clam shell (11.4g)
I I I ern
!./ ! (Clamshell
II Cove
~~ Midden)
1.6 j 8CR878I ~~:{;d in 0 em ~I;~lamshell half-shell
i I I portion of I
I I I Clamshell I
'I I Cove I
I I IM~~ I
7 8CR878 ST~9, Target O~35 -II pc. wood
II ,em
I (Clamshell I I
II ~~~~en J !
8CR878I ST 101, 0-35 ! Faunal bone (2.3g),
I ! cm I sand.tempered plain
I .1 I ceramics (22 pc., Jrims),
" 1,. I marine shell (47 4g),
'___ J marl rock (I pc.)
I faunal bone (1. 6g),
I marine shell (3.0g)
47
I
I
JB,GE
I
JB,GE
1
i
I
I JB,GE
I
I
i JB. GE
1
I
I
I
I
I
I~
\ I
I
I 1/16/04
I
I
I
H
I I
. 1
i I
11116104 -I
I I
i I
I i
AppermdlliJ. 2. Sate C.R88n~ Jiuump Start lIamlllllocK) 1F8eGd :S~ill1lDell!l ~
ShoveD I Deptln I
FS# Test (:# Leve I (cDUbs Description C~~toJ" [)~d(t
I ___L 1:
9 32 1 0-18 sand-tempered plain ceramic bOdY/ RPISF 10/18/
sherd (1) 05
1 I raccoon teeth (3) includes 2 j
molars, 1 premolar I
I faunal bone (... g total, ... g burnt) I
includes snake, turtle
shell (oo.g total, ...g burnt)
includes clam
I snail (. 00 g) _.---
to 32 2 18-60) sand-tempered plain ceramic body RPISF 10/18/
I I sherds (2) 05
I faunal bone (oo.g total, ...g burnt)
i includes turtle ]
I shell (.. .g) includes clam I
1 smli!1... g)
- ...._-
50 i sand-tempered plain ceram~c body CW WIIS1
'~erds (9) {)S
I faunal bone (.. . g total, .. g buml)
includes turtle, snake
I
]A
33
0-
I
I I
[-~
i B21 34
\.-.,. j
I R3 I 37
I raunal teeth (J deer. 1 stingray) I !
I shell (...~) ~ I I
I charcoal (oo.g) I
I burnt seeds 3 I
0-50 faunal bone (...g total, ...g burnt)
1 includes snake, turtle {)5
i seeds (2) I
0-50 ! faunal bone (oo. g total, ...g burnt) I CW I W/D91
I includes snake, turtle I 0;
: charco~:..g) I ~
1. O~20 I sand-tem~red plain ceramic body RIP/SF . JO/fl91
I sherds (2) OS
I faunal bone
! shell (...g) includes dam, oyster I i
j I 1 snail (. 00 g)
1 .\ fish otoJith (l) I
38 ~I :~:;;~eried plain c....mic body lIP/SF I
II I faunal bone (... g)includes snake, !
j i I turtle I
L I sh~..g) inc1udesconch,__dam 1_
,
j
I
H
I
14
38
15
1O/~91 I
05
I
I
48
r--r I I
I I snail (...~) .-
j charcoal (...g)
B6 39 2 20~ 70 sand-tempered plain ceramic body RP/SF 10/19/
sherds (4) 05
faunal bone (. . . g) includes deer,
turtle
faunal teeth (7 deer)
I I shell (... g total, ... g burnt) conch, I
I -L clam I
snail (.. . g)
I 17 41 1 0-15 faunal bone (.. .g) includes turtle RP/SF 10/19/
I 05
18 42 I 0-40 sand-tempered plain ceramic body CW 10/19/
sherds (5) 05
I fau nal bon e (.. . g total, ... g burnt) I
includes turtle .
I I shell (.. .g) includes oyster I
I
L.
I
.-L
I charcoal (. . . g)
. __ I burnt seeds (2)
I
I
..l.-
Site 8CR88 I (Jump-start Hammock) .
*CW=Craig Weaver, RP=Reve Pidgeon, SF=Scott Faulkner
49
Appellll:lIix 3: 'foll-RaWe$nJlllke lParcei Shovel Test and Target lLog
John Beriault, Gene E~avec - 1-15-04 to 1-22-04
.50-65em
65cm
STl (4.5 em x 45 em) Positive. Dug in west-central area of Target #1 (Jump-Start
Hammock Midden (CR88I) near highest point of hammock
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~l)
Soil is grayer, marlier, still some faunal bone, marine shell, root casts
Limestone caprock
ST2 (45cm x. 45 cm) Positive. On north end of Target #2, a prominent live oak cabbage
palm hammock (~'hite Shell Hammock Site, 8CR879)
0-15 cm Black silty soil, faunal bone, whelk columella chisel (FS-2)
15cm Limestone caprock
ST3 (45em x 45 cm) Negative. As above, but 250 feet south of ST2 near south end of
hammock island near highest ground
Black silty soil
Chalky, unconsolidated limestone marl
0- 20cm
20-25em
ST4 (45cm )( 45 em) Negative. In northeast-center of Target #3, an elevated crescent-
shaped area of scattered large live oaks in the extreme southem portion of the parcel
0-35cm Gray sand
35~5Scm Brown hardpan sand
5Scm Limestone caprock and loose Pleistocene Chione cancellclla shells
ST5 (45cm x 45 em) Negative. In west-central portion of Target #4, a round, elevated
live oak, saw palmetto hammock in a deep cypress slough in the extreme soulheastern
comer of the subject parcel
O-i5cm Dark gra.y sand
15-55cm Medium gray sand
55-75cm Light gray sand
Target #5 is a smaH circular to ovoid higher ground area vegetated in 3-foot high saw
palmettos, dahoon holly, wax myrtle, elevated +20 em. higher than the surrounding
cypress slough. The feature was judged to have minimai archaeological potential and was
not shovel tested.
ST6 (45cm x 45 em) Positive. ill Target #6 (now called the Deep Marsh Hammock Site,
8CR880), a moderately elevated cabbage palm hammock situated immediately north ofa
very deep teardrop-shaped marsh pond in the southeastern comer of the parcel. Shovel
test placed in southeast-central part of target.
0-20cm Black silty soil
50
20-55cm
55.70cm
Light grayish.black soil. moderate quantity of Sand. tempered plain
ceramics (Fs..3)
Lighter gray sand
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 H7 and proved to be a very prominent ovoid
fonnation 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 fea.ture was of minimal archaeologicaJ
significance and tbus 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 ofthill feature.
Target #9 is a tight circular duster of very tall cabbage palms situated 150 feet NNW of
the intersection of two prominent tralls 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 x 45 em) Positive. In Target #10 (the Hunting Camp Hammock Site.
8CR556), an elevated circular hammock island about 80+ em. 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.
O-lOcm Silty black soil
10-30cm Silty black soil becoming grayer with depth 9increasing concentration of
limestone marl), faunal bone, marine shell, thin STP ceramics (FS.4)
30cm Marly, ashy-looking chalky limestone
STS (45cm)( 4S em) Positive. In Target #11 (now called the Clamshell Cove Midde~
8CROOO). a ovoid, high-elevation anomaly vegetated in a di verse 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, 1 pc. of clamshell (FS-S)
20cm Chalky, marly limestone caprock
Note: lFS.(j is a whole half~sheIl from a venus dam (Mercenaria campechiensis) surface.
collected 8 meters east of ST8.
sn (45cm x 45 em) Positive. As above. hut 10 meters northwest in northwestern
quadrant of site area
O~35cm Black silty soil, one fragment taunal bone (F8-7)
35cm Chalky, marly limestone
51
STI0 (45cm x 45 em) Positive. 6 meters NE ofST8 near center of site area
O~35cm Dark black silty soil, abundant STP ceramics, including one sherd whh
crosswMtched, after-the-fact etching that may represent wear from
sharpening bone pins, Spisula and clam shell, and faunal bone (FS-$)
35cm Limestone caprock
STH (45cm Yo 45 em) Negative. In Target #12 an ovoid to slightly crescent~shaped
cabbage palmJlive oak/slash pine island SE of the bend in the road leading into the
Florida Sports Park ill the northwest part of the subject parcel. Shovel test is in SW
quad.r8lIlt of this feature near abrupt drop~offin1o fonner cypress areas to ~he southwest.
0-1Scm Black silty soil
15cm Chalky, ashy limestone
ST12 (4Scm x 45 em) Negative. As above, but 20 meters eagt orSTll.
0-100n1 Marly gray soil
10cm Chalky, ashy limestone caprock
STU (45cm )( 45 em) Negative. As above, but 15 meters NE ofST12
0-2 Oem Marly gray soil
20cm Chalky, ashy limestone caprock
8'['14 (45cm x 45 em) Negative. In Target #13, a crescent"shJlped, :elevated sand ridge
vegetated in live oak with a saw palmetto understory situated betw~<>n two flanldng
marshes in the northerly extension of the subject parcel. Shovel test is in the north-central
portion of the ridge on the highest ground clooost to both mar.s~s
0-45cm Gray sand, at 30 em. depth are bits of rompressed clayey loam initially
thought to be ceramics but detennined to be natural.
45cm Hard dense tarry, brownish~black hardpan soil
ST15 (45crn )[ 45 em) Negative. As above but 5 meters south ofST14
0-55em Gray sand
55cm Tarry, blackish-brown hardpan
STt6 (45cm J{ 45 em) Negative. As above, but 8 meters NE of 51] 4 on eastern s!ope of
ridge as it drops to eastern marsh.
045cm Gray sand
45cm Brown hardpan sand
8TH (4Scm x 45 em) Negative. As above, but 16 meters south .ofSTl 5
0-5 Oem Gray sand
50cm Dark brown hardpan
STiS (45cm )( 45 em) Negative. As above, but 20 meters SE of ST17 in e~em wart .of
ridge
0-60cm Gray sand
52
60cm Dense brown hardpan
STl9 (45cm x 45 em) Negative. In Target 14, acreseent~shaped higher ground oak
hammock area 300 yards east of Target 13 on the eastern edge of the eastern marsh.
Shovel Test is in a circular high area in the southerly portion oftrus feature.
O-SOem Gray sand
SOem Dark brown hardpan sand
ST20 (4Scm x 45 em) Negative. In area of Target 14 to the north 250 feet ofST19 in a
moderately diverse hardwood coppice which includes maturecampborwood
0-40cm Dark black silty soil
40~60cm Admixture of dark silty soil with brOVl'tl hardpan
60 em 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-S0cm Soil lightens to dark tannish-brown
Target #15 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 subject 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
shovel 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 water sources, and contains
few tropical hardwood elemems. It was judged not archaeologicaHy significant and was
not shovel tested
STU (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 80+ em higher than the surroundings. Recent refuse indicates the area may
have been camped upon in modern times. Shovel test is in west-central portion of feature.
O*20cm Black silty soil
20cm Chalky limestone caprock
S'f2J (4Scm x 45 em) Negative. As above, but 4 meters NNE of ST22
53
0-2Ocm
20cnt
35~45cm
Silty black soH
Chalky limestone capeoek
Irregular limestone caprock
S1'24 (45cm 11; 45 em) Negative. As above, but 4 meters NNE ofST23
0-15cm mack silty soil
~ 5cm Chalky Hme!rtone cPlprock
ST25 (45cm l( 45 em) Negative. As above. but 6 meters west of ST24 in NW qu~dranl of
target
0-25cm
25cm
Black silty soil
Ancreasing chalky limestone caprock
STZ6 (45cm x 4.5 em) Negative. In Target #19 an elevated live oak/cabbage palm
hammock feature 500 yards NW of the north end of Brandy Lane. Shovel test is in the
east-central portion of target
0-20cm Dark gray sand
2045cm Brown sand, one I-em. quartz pebble, likely bird crop stone@ 25 em.
depth (not collected)
25-45cm Drregul<U' soIutioned limestone caprock
ST27 (45cm x 45 em) Negative. As above, but 8 meters :NN\V ofST26, just soulh oflhe
sand trail crossing the tMget.
0-3Ocm Grayish-brown sand
30cm Marly limestone caprock
ST28 (45crn x 45 em) Negative. As above. but 8 meters north of ST27, just north ofthe
sand trail crossing the target.
0-45cm Grayish brown sand
30-45cm Irregular limestone caprock
Feathers 2 Parcel Shovel Test and Target Log as Compiled by Craig Weaver beginning
October 18111, 2005
October 13-21,2005 p Crew: Craig Weaver, Scott Faulkner, Reve Pidgeon
December 5-9, 13, 2005 Crew - Craig Weaver, Jarrod Haymon
Jump-start eanDmID~k Site (SCR8.81), Target #1 is a tropical hardwood hammock with
diversified vegetation, including saba! palms, live oaks, camp horwood, wHd coffee,
myrsine, etc. One shovel test from 2004 inve5tigations (ST~l) was reloc~'ted, and the site
was delineated by shovel testing N-S and E-W transects centered on ST.:1. Eight shovel
tests were positive and seven were negative for cultural materials. .Pin flags mark the
shovel test locations. See the Field Specimen Log fOt details on artifac..1s and e.cofacts
(ceramic potsherds, faunal bone, faunal teeth, shell, charco~J, etc.) from the positive
shovel tests. The hammock was investigated on Ocwber 18-j9, 2005.
54
WbiteshelU Hammock Site (SCR879), Target #2 from 2004 investigations, is a tropical
hardwood hammock with diversified vegetation, including saba! palms, live oaks,
camphorwood, ferns, wild coffee, myrsine, 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 E-W transects were set up across the hammock,
and 17 shovel tests (ST52 through ST60, and S188 through ST9S) 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 on October 21 and December 8, 2005
Deep Marsh Hammock Site (8CR880), Target #6 from 2004 investigations, is a tropical
hardwood hammock with diversified vegetation, including sabal palms, live oaks,
campborwood, ferns, wild coffee, myrsine. etc. One shovel test from 2004 investigations
(STu6, at the NE end of the hammock) was positive for cultural materials. The location
of ST6 was not immediately relocated, but eventually was. NuS and E-W transects were
set up across the hammock, and 24 shovel tests (ST64 through 8T87) were excavated.
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 smatI site. The hammock was investigated on
December 5-7, 2005.
Tatget #20 is a small area of higher ground with a cluster of sabal palms amid the
surrounding slash pine and metaleuca trees. One shovel test (ST29) was excavated, but
the target area was considered to be lacking in archaeological site potential. Target #20 is
situated near the western project boundary, off a north-south running swamp buggy trail.
in the NW quarter of Section 25, to the south of Jump-start Hammock Site (8eR8S]).
The target was investigated on October 18, 2005.
Target #21 is a small area of higher ground with a concentration of saba} palms. Other
vegetation consists of slash pine, saw palmei10, fern, 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 ofN-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-em of darker sand above light brown (tan) sand. As the area lacked
archaeological site potential, no shovel tests were excavated. Target #22 is situated NW
of the juncture ofJE>W and N-S 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.
T~rget #23 is Ii tropical hardwood hammock, with diversified vegetation (live oaks, wild
coffee, fern, sabaI palm, wild coffee, etc.), with archaeological site potentiaL The higher
ground of the hammock meets swamp to the west and south. As the hammock appeared
55
to have sire potential, foor shovel teS\ts (ST48 through S15 I) were excavated, but all were
negative for cultural maternals;> Pin flags mark the shovel test locations. Target #23 is.
situated in new project SlJ'ea at the SW quarter of Section 30, between two N-S running
swamp buggy trails. The target was investigated on October 20, 2005.
Target #24 is an area of higher ground and diversitied vegetation (slash pine, saw
palmetto, sabat palm. holly) surrounded by slash pines and melaieucas. Target #24 is a
little north of Target #23. in the new project area at the SW quarter of Section 3D, T 50S
R27E, east of & N-S running Slwamp buggy trail. While the site potential was low .at
Target #24. one shovel test (ST47) was excavated, and it substantiated the low potential
()fthe target area. The target was investigated on October 20,2005.
Target #25, located southeast of Target #'23, appeared to have potential from the aerial,
but ill reality is a higher ground area of slash pine, melaleuca, saw palmetto, and a Jone
sabal palm. A quick shovel probe showed tan sand below the surface, which could also
be iieen on the surface. Considered to not have archaeological site potential, no shovel
tests were excavated at T~rget #25. The target was investigated on October 20, 2005.
Targe~ #26, located ESE of Target #22, was another target thai appeared as a 3mall area
whh some potential on the aerial. But again this was a higber ground area dominated by
slash pine, melaleuc&, and saw palmetto, with tan sand at the surface. A deer feeder was
strung up betweeo two pines. Considered to not have archaeological site potential, no
shovel tests were excavated at Target #26. The target was investigated on .october 20,
2005.
Target #27, located in the west-central part of S~ion 25 a little south of the ~m.NW
trail between the trail tltat runs past Jump-start Hammock and a N-S running canal that
t'neads to the south end of the parcel. It appeared on the aerial as a circular anomaly,
possibly a hammock. However, on the ground this is an area of saw palmettos amid slash
pine/melaleuca stands, witb tan sand at the surface. Considered not to have
a>fchaeological site potential, no shovel tests were excavated at Target #27. The target
was investigated on December 5, 2005.
Target' fl!28t located a little west of the N~S running canal in the SW qumter of Section
25, appears I!S a sm&1I circulal' anomaly. On the ground, the target was another area of
saw palmettos mixed with a few wax myrtles, amid sJasb pinelmelaleuca sta.nds. While
the site potential was low at Target #28, one shovel test (ST61) was excavated, and it
substantiated the Jow potential of the target area. The target was investigated on
December 5, 2005.
Target #2', locatoo rlle~r Target #28, this also appears on the aerial .as ~ smaller .circular
anomaly. On tbe ground. the terget was another area of saw palmetlos mbted with a few
unidentified juveniie deciduous trees and a few BraziIi.tHl pe-9pen, amid slash
pine/melaleuca stands. WlliIe the site potential was low at Target #29, one shovel test
(51'62) was excavated, alld it substantiated the low potential of'lhe target area. The target
was investigated CJn December S, 2005.
S6
Target #3@, located in the SW comer of Section 2S 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 pinelmelaleuca
stands. While the 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 hammock.
It is possible that the easternmost edge of the bammock may be within our project area,
but it cannot be detennined at this point in time.. The target was investigated on
December 13,2005.
Target #31.. located SE of Silver Hardhat Hammock in the SE portion of Section 30 and
the parcel, appears a very smwl 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 k.nee~deep water. As such, no shovel tests were excavated at
Target #32. The target was investigated on December 13, 2005.
T~.rget #33, 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.
Tarrget #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
was another area of saw paJmettos, amid slash pinelmelaleuca 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 13,2005.
Tarrget #35, located in the SE comer of Section 30 and the parcel, and soutb 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 shovel tests were excavated at
Target #35. The target was investigated on December 13,2005.
Tarrget #36, 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, tbe target was another
area of saw palmettos mixed with a few sabal palms, amid slash pine/me!aleuca stands,
with tan sand at the surface. Considered not to have archaeological site potential, no
shovel tests were excavated at Target #36. The target was investigated on December 13,
2005.
57
S1i'2' (40", 40 em): Negative. At Target #20, a cluster of saba1 palms on a small area of
IUgber groond. .
0-45 em light brown (tan) sand, small root .2One
4S em limestone bedrock
ST~O (40 K 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 and
melaleuca trees.
O~2 em black sand, small root rone
2.-40 em light gray sand, small root zone
40 em limestone bedrock
S'f;;n (40 x. 40 em): Negative. At Target #21, a coocentration of sabal palms and other
diversified vegetation on higher ground. Surrounding the target area are slash pine and
melaleuca trees. ST31 is 10-m E .of ST30.
0-7 em black sand, small root zone
7-45 light gray sand, small root zone, water table hit at 4S em
ST32 (40 x 40 em): Positive. At Jump-start Hammock Site, 10 m east ofST~l.
o~ 18 em black sand, small. root zone, cultural material (F.s-~)
l8.60 em dark gray clayey sand, small root zone, cultural material (FS-B@)
60 em limestone bedrock
STl3 (40 x 40 em): Positive. At Jump-start Hammock Site, 10m west ofST!.
0-50 em b!ack sand, small root zone, cultural material (FS-nn)
50-87 em gray clayey sand, below water table
87 em limestone bedrock
ST34 (40 x 40 em): Positive. At Jump.start Hammock She, 10 m e.as1.ofST32.
0-50 em dark brown sand, small root zone, cultural material (lFS-ll2)
50-60 em dark gray sand, below water table
ST35 (40 x 40 em): Negative. At Jump-start Hammock Site, ]0 m east ofST34.
0-45 em dark brown sand, small root zone
45-56 em fight gray sand, below water table
ST36 (40 x 40 em): Negative. At Jump-start Hammock Site, 10 m east ofST35.
0-40 em dark brown sand, smaU toot zone
40..60 em light gray sand~ below water table
ST37 (40 x 40 em): Positive. At Jump-start Hammock Site, 10m weB! of 8T33.
0-50 em black sand, small root zone, cultural materia) <<JFS..83)
50-80 em gray clayey sand, below water table
80 em Ii mestone bedrock
ST3S (40 x 40 em): Positive. At Jump-start Flarrunock Sil~, 10 m south of ST 1.
0-20 em dark brown sand, small root zone, cultural material (ffi'S..n~)
~8
20~ 70+ em gray clayey sand, water table at 68 em, cultural material (it'S-IS)
ST39 (40 x 40 em: At Jump-start Hammock Site, 10m south
0-20 em dark brown sand, small root zone
20-80 em gray clayey sand, water table at 60 em, cultural material (FS-16)
80 em limestone bedrock
ST40 (40 K 40 em): Negative. At Jump-start Hanunock Site, 10 m west orST37.
0-20 em light brown sand, sman 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 ern): Positive. At Jump-start Hammock Site, 10 m south ofST39.
0-15 em dark brown clayey sand, small root zone, cultural materials (FS-17)
15-50+ em gray clayey sand. small root zone, below water table
ST42 (40 x 40 em): Positive. At Jump-start Hammock Site, 10 m north ofSTl.
0-40 em black sand, small root zone, cultural material (FS.18)
40-80 em medium gray sand, water table at 50 cm
80 em limestone bedrock
ST43 (40 x 40 em): Negative. At Jump-start Hanunock Site, 10 m north of8T42.
0~20 em gray brown sand, small root zone
20-84 cm light gray brown sand, water table at 40 em, small roots above water table
84 em limestone bedrock
ST44 (40 x 40 em): Negative. At Jump-start Hammock Site, 10 m north ofST43.
0-20 ern gray brown sand, smalJ root zone
20-76 em light brown sand, water table at 40 em, small roots above water table
76 em limestone bedrock
S1'45 (40 x 40 em): Negative. At Jump-start Hammock Site, 10 m south ofST41, atop
small dry depression on the surface.
0-30 em gray brown sand, small root zone
30-95 em very light gray sand, water table not hit
ST46 (40 x 40 em): Negative. At Jump-start Hammock Site, 10 m south ofST45.
0-30 em gray brown sand, small root zone
30-60 em light gray sand, water table at 45 em
ST47 (40 x 40 em): Negative. At Targe'l #24, an area of higher ground and diversified
vegetation, nOlin of the tropical hardwood hammock of Target #23.
0-67 em gray sand, small root zone
67 em limestone bedrock
51'48 (40 x 40 em): Negative. At Target #23, a tropical hardwood hammock in the new
project area. Soil appears very midden-like, but no (;ultural materials were encountered.
59
0-52 em
52..62 em
62 em
b~~k sand, small root zone
brown sand, water table at SO em
limestone bedrock
81'49 (40 l( 40 em): Negative. At Target #23, a tropical hardwood hammock in the new
project area., 10 m north of3T48.
0-40 em dark gray brown sand, small root zone
40-45 cm brovvn sand
45 em limestone bedrock
ST50 (40 x 40 em): Negative. At Target #23, a tropical hardwood hammock in the new
project area, 10 m NE ofST49.
0-42 em gray brown sand, small root zone
42 em limestone bedrock
ST51 (40 x 40 em): Negative. At Target #23, a tropical hardwood hammock in tbe new
project area, 10 m S of 8T48.
0-15 em dark gray sand, small root zone
15~50 em brown sand, water table at 45 em
50 em limestone bedrock
ST52 (40 x: 40 em): Negative. A.t Whites hell Hammock, toward the north end of the
hammock, 10 m north of81'53.
0-10 em dark brown sand, small root zone
t OAO em gray brown sand, small root zone, water table at 35 em
40-55 em light gray sand
55 em limestone bedrock
ST53 (40 )( 40 em): Negative. At Whiteshell Hammocl4 toward the north end of the
hammock, 10 m soutb ofST52.
0-30 em medium brown sand, small root zone
30 em limestone bedrock
ST54 (40 x 40 em): Negative. At WhitesheH Hammock, toward the lIlorth ~d of th~
hammock, 10 ill north of 8T52.
0-10 em dark brown sand, smaH root rone
10-40 em gray brown sand. smail root zone
40-50 em light gray clayey sand
50 ern limestone bedrock
. S1J'SS (40 x 40 em): Negative. At WhiteshelJ Hammock, toward ~he north end of the
hammock, 10 m north ofSTS3.
0-35 em dark gray sand, small root zone
35 em limestone bedrock
81'$1) (40 x 40 em): Negative. At Whitesnell Hammock, tow~Jrd the ~Qnh ~OO of ~he
hammock, 10 m eastofST53.
0-30 em dark gray brown :mnd, small root zone
60
30-40 em
40 em
light gray clayey sand, small root zone
limestone bedrock
ST57 (40 )( 40 em): Negative. At Whiteshell Hammock, toward the north end of the
hammock, J 0 m east of ST56.
Ow20 em dark brown sand) small root zone
20-35 em gray sand, sma!] root zone
35 em limestone bedrock
ST58 (40 x 40 em): Negative. At Whiteshe!l Hammock, toward the north end of the
hammock., lO m west ofST53.
o~ 3 2 em dark gray sand, small root zone
32 em marly limestone bedrock
ST59 (40 x 40 em): Negative. At Whiteshetl Hammock, toward the north end of the
hammock, 10m west of ST58.
0~30 em dark gray sand, small root zone
30 em marly limestone bedrock
ST60 (40 x 40 em): Negative. At Whiteshell Hf..!mmock, toward the north end of the
hammock., 10 m south ofST55. .
O~32 em dark gray sand, small root zone
32 em marly limestone bedrock
ST61 (40 x 40 em): Negative. At Target #28, a cluster of saw palmettos and wax
myrtles.
O~22 em
22-55 em
light gray sand, small fOot zone
yellowish brown sand, water table at 42 {;m
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
1245 em light gray sand, root zone, water table at 45 em
45~50 em reddish brown sand
ST63 (40 J{ 40 em): Negative. At Target #30, a cluster of saw palmettos and saba! 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 hammock
0~29 em dark gray sand, root zone, water table at 29 em
29~80 em gray brown sand
ST65 (40 x 40 em): Negative. At Deep Marsh Hammock, 10m S of ST64.
0-36 em dark gray sand, root zone, water table at 36 em
36-80 em gray brown sand
61
ST66 (40 x 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
8T61 (40 % 40 em): Negative. At Deep Marsh Hammock, west side of hammock.
0-33 em gray sand, root zone
33-40 em light brown sand, root zone
ST63 (40 x 40 em): Negative. At Deep Marsh Hammock, 20 m W ofST67.
0-22 em gray sand, root zone
22-40 em light brown sand, 1'00t zone
S'f65P (40 x 40 em): Negative. At Deep Marsh Hammock, 20 m W ofST68.
0.8 em . black sand, root zone
8-40 em ligbt brown sand, root zone
ST70 (40 " 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
ST7B (40 x 40 em): Negative. At Deep Marsh Hammock, 20 m E ofST67.
0-30 em gray sand, root zone
30-40 em light brown sand, root zone
ST72 (40 x 40 em): Negative. At Deep Marsh Hammock, 20 mE ofST7!.
0-33 em gray to dark gray sand, root zone
3340 em light brown sand, root zone
8T73 (40 x 40 em): Negative. At Deep Marsh Hammock, NE part of hammock.
0.21 em gray sand, root zone
21-35 em tan sand, water table at 23 em
ST74 (40 x 40 em): Negative. At Deep Marsh Hammock, NE pM oftr:ammock
0-19 em gray sand, root zone
19-26 em tan sand, water table at 20 em
ST75 (40 r.: 40 em): Negative. At Deep Marsh Hammock, J\1E part ofhamm{}ck.
0-36 em gray sand, root zone
36.45 em tan sand, water table at 38 em
S'f7~ (40 K 40 em): Negative. At Deep Marsh H.ammoc~ NE part. of hammock.
0-35 em gray sand, foot zone
35-50 em tan sand, water table at 43 em
ST77 (40 x 40 em): Negative. At Deep Marsh lHammodc:, south centrEd plZi! of
hammock.
0-6 em dark gray sand, root zone
62
6-15 em
tan sand, water table at 7 em
" 40 em): Negative. AiD;" Marsh
ST78 (40
hammock.
0-21 em
21-35 em
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 of ST6 (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 Deop Marsh Hammock Site, 10m N of ST79
0-25 em dark gray sand, foot zone
25-30 em tan' sand. water table at 25 em
ST81 (40 x 40 em): Negative. At Deep Marsh Hammock Site, O.S m E ofST6 (positive
test from 2004).
0-32 ern dark gray sand, root zone
32-35 em tan sand, water table at 32 em
ST$2 (40 x 40 em): Negative. At Deep Marsh Hammock Site, 10 m E ofST6 (positive
test from 2004).
0-26 em gray sand, root zone
26-30 em tan sand, water table at 26 em
ST83 (40 R 40 em): Negative. At Deep Marsh Hammock Site, lOrn E of ST82
0-11 em black sand, root zone
11-20 em tan sand, water table at 11 em
ST84 (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 cm gra.y sand, root wne
16-20 cm tan sand, watertable at 16 em
ST86 (40 x 40 em): Negative. At Deep Marsh Hammock Site, 10m S of ST6 (positive
test from 2004).
0-21 em dark gray sand, root zone
21-25 em tan sand, water table at 21 em
S1!'87 (40 x 40 em): Negative. A1 Deep lVw..rsh Haromock Site, 10m S of ST86.
0-5 em ligbt gray sand
5-10 em tan sand, water table at 5 em
STaB (40 x 40 em): Negative. At Whiteshell Hammock, 20 m W of 8159.
63
0.24 em
24-35 em
gray brown sandy loam, root zone
very light gray clay
ST89 (40 x 40 em): Negative. At WhitesheU Hammock, 20 m W ofST88.
0-23 em gray brown sandy loam, root zone
23-35 em white clay
ST90 (40 x 40'cm): Negative. At Whiteshell Hammock, 20 m W ofST89.
0-20 em dark brown sandy loam, rool zone
20-30 em white clay
ST91 (40 x 40 em): Negative. At Whiteshell Hammock, 20 m N ofST90.
0-23 em dark brown sandy loam, foot zone
23-35 em white clay
ST92 (40 y. 40 em): Negative. At Whiteshell Hammock., 20 m N O'f3T91.
0-20 em dark brown sandy loam. root zone
20-30 em white clay
ST93 (40" 40 em): Negative. At Wbiteshel1 Hammock, 20 m N ofST92.
0-15 em dark brown silty loam, TOot zon-e
t 5-20 em white clay
ST94 (40 y. 40 em): Negative. At 'WhitesheIl Hammock, 20 m S ofST90.
0-4 em dark brown silty loam, root zone
4-25 em gray bro'Ntl sand, root zone
25-30 em white clay
ST9S (40 x 40 em): Negative. At Whiteshell Hammock., 20 m S ofST94.
0-4 em dark brown silty loam
4-40 em gray brown sand, Toot zone, water table at 30 em
40-50 em white clay
64
Page '\
Ent 0 (FMSF
Survey # (FMSF only)
~-,,"J...~.. ~1\....
~
:..;
Survey log Sheet
Master Site File
Version 2,0 9/97
Consult Guide to the Survey Log Sheet for detailed instructions,
L
k!cmific;;ltlon and 8il'tltsgt'aphic Inrormatlon
Survey Project (Name and project phase) Toll-Rattlesnake 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 first) 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 series, publisher, and city. For article or chapter, cite page
numbers. Use the style of
American Antiqu;ty: see Guide to the Survey Log Sheet.) Archaeological and Historical Survey Technical Report:#
-
Supervisor(s) of Fieldwork (whether or not the same as author[s]; lasl name first) Carr, Robert S.
f\ffiliation of Fieldworkers (organization, city) Archaeological and Historical Conservancy(AHC), Miami FL _
Key Words/Phrases (Don't use the county, or common words like archaeo(ogy. structure, survey. architecture. Put
the most important first. limit each word or phrase to 25 characters.) Feathers, Belle Meade, Rattlesnake
Hammock, Sable Palm Road
Survey Sponsors (corporation, government unit, or person who is directly paying for fieldwork)
Name Sembler Company, Inc.
Address/Phone
Recorder of Log Sheet _John G. Beriault
Log Sheet Completed _1_1_20_1_05_
Js this surveyor project a continuation of a previous project? X No 8 Yes: Previous survey #(S)
[FMSF only)
I
Date
Ma~ .:::=j
Counties (Us.t 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 supplement sheet if necessary): Belle
Meade and Belle Meade NW
~. -~-::-:-~
--: d
Total Area Surveyed (fill in
HRoE06610-97 Floridll M~ster Sil~ File, Division of Historical Resources, Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-
0250
PJlol/e 850-487-Z~99.S(/fJCQII1 271-2299, FAX 850.321~372, EmaiJ fmsfile@lT1ail.dos.Slale.n.us. Web http://www.dos.slale.fl.usldhr/msli
S:\"I oll.Raltlesnak.: (ilk;, Fe~1I1els 2)\Toll-Rat't1e:>oalcc (ilka Fealhers 21 PARCEL - AlL ITEMS FOR REPORTIFEATHERS? PARCEl.. SURVEY LO(;.
i?.20.JJ5 rloc 0'11101069:42 AM
Page 2
Survey Log Sheet of the Florida Master Site File
Types of Survey (check all that apply): x archaeological e architectural e historicallarchival G underwater e other:
Preliminary Methods (4Check as many as apply to the project as a whole. If needed write olhers at bottom).
9 Florida Archives (Gray Building) 9 library research.lor:al pub/lc e local property or tax records 0 windshield
e Florida Photo Archive6 (Gray Building) e Ubrary-special collection - nonloca! 9 newspaper /iles x aerial photography
x FMSF site proparty search e PubJlc Lands Survey (maps al DE?) a literature search
e FMSF survey search 9 rocallnJormant(s) 9 Sanborn Insurance maps
x other (describe)graytlne aertal pholographs and USGS Map _
Archaeological Methods (Describe the proportion of properties at which method was used by writing in the
corresponding Jetter. Blanks are interpreted as "None.")
F(-ew: 0-20%), S(-ome: 20-50%); M(-ost: 50-90%); or A(-II, Nearly all: 90-100%). If needed write others at bottom.
e Check here if NO archaeological methods were used.
_5_ surface collection, controUed _ other screen shovel lest (slze:----.J
- surface collection, !!.D.controlled _ water screen (Jlnest size: --1
_A_ shovel test-1/4"screen _ posthole tests
shovel lest-lIS' screen _ auger (slze:----.J
shovel le6t 1/16"screen _ coring
_ shovellest-unscreened _ tesl excavation (at least 1x2 M)
_ other (describe):
Rec:eau:11 ctll<l Fie-lei Met"or1~
_ block excavation (at leasl 2:x2 M)
_ soil resisllvily
_ magnetometer
side scan sonar
unknown
Historical/Architectural Methods (Describe the Proportion of properties at which method was lIsed by writing in the
corresponding letter. Blanks are interpreted as "None.")
F(-ew: 0-20%), S(-ome: 20-50%); M(-ost: 50-90%}; or A(-ll, Nearly all: 90-100%)_ If needed write others at
bottom.
X Check here if NO historical/architectural methods were used.
_ building permits _ demolttion permits
_ commercial permits _ exposed ground Inspected
Interior documentation . local property records
= other (describe): -
_ neighbor interview
_ occupant interview
_ occupallon permits
_ subdivision maps
tax records
unknown
Scope/lntensity/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 ninet -six 45cm screened shovel tests in twent of thirt six tar ets.
Site Significance Evaluated? XYes 8No If Yes, cIrcle NR-eligible/significant site numbers below.
Site Counts: Previously Recorded Sites _one_ Ne,<<ly Recorded Sites
four
Previously Recorded Site #'s (LIst site #'$ without "8." Attach supplementary pages if necessary) CR556 _
Newly Recorded Site #'s (Are you sura all are originals and not updates? Identify methods used to check for
updates, ie, researched the FMSF records. List site #'$ without "8." Attach supplementary pages if necessary.)
_CR878, CR879, CR880, CR881,
Site Form Used: X SmartForm e FMSF Paper Form e Approved Custom Form: Attach copies of
written approval from FMSF Supervisor.
DO NOT USE lo40"'......."'SITE FILE USE ONLY"'........lo,foOO NOT USE
Related
8t1P
BAR
Related
Ie 872
e CARL
p#
e 1 A32
euw
e State Historic Preservation Grant
e Compliance Review: CRAT
HR6EOS610-97 Florida Master Site File, Division of Historical Resources, Gray Building, 500 South Bronaugh Street, 'ullahassee, Florida 32399-
0260
Phone 860-487 -2299,Sunr:om 277 -2299, FAX 850..s2'1-0372, EmaJI fmsfile@mall.dos.s"late.fl.lls, Web htlp://www.dos.slale. fJ.usldllr/msll
S:\Feathers 2\FEATHERS 2 PARCEL' ALL ITEMS FOR RE?ORT\FEATHERS 2 PARCEL SURVEY LOG -12.'W.05.cJoc 01/0J/06 10:14 AM
ATTACH PLOT OF SURVEY AREA ON PHOTOCOPIES OF USGS 1 :24.,000 MAP(S},:
,"IR6E08tl1G-97 Florida Master Site file, Division of Historical Resources, Gray lB\liklling, lJOOSou1h Bv~ Sb'e;et, Ta!l<lmlssee. Fllciidi'3 3~S.~-
02~O
PnoM 86{)-4B7-2.2.99.Sul'lcom 277-2299, FAA atiO-921-0372, Emall fm$fi~@rmiil.dos.stateJ'l.tls, Weblbt9p:/lwww."@s.S.laae.f1.uS/~~vJmsf/
S:\Fealliers 2\FEA TrIERS 2 Pl!oRCEl - All ITEMS FOR REPORnFEA1HERS 2 PARCel SURVEY lOO 12-2$-lm.doo 12123100 g: ~3 .AM
Map of the ToH-Raltles11ake parcel area
J
o
,.jLSGS r.iAPs: BELLE MEADE p.ND BEUE MEADE NW, 1991
~
N
114 i 12
1 Mile
____----.J
Appendix
Site #8CR556~~~_.~
Recorder it
Field Dale _12j15_/..QL_
Form Date_1L21 J~_
Site Name(s} Hunting Camp Hammock [MuJtiple UsUng #8 }
Project Name T oil-Rattlesnake Parcel (SuNey # J
Ownership: X priva1&1JI061 Oprivale-nonplofit Oprivat&-illd"Mdual privale-unspeciJied Deity Ocoonly Oslale 0 federal Olore19n Onawe american Ounknown
USGS 7.5 map name & data Bella Meade f19 ). County Collier
Township_50L Range_26L SecUon _13....... 1h Sect.: oNE X NW oSE x SW (check alllhat apply)
City / Town _ Naples in Curren! City Limits? Y NX
UTM: zone 016 x17 easUng _____0 northing ______0
Address I Vicinity 011 RolII.e 10 -'-75 Exi1101, south on CR951 4 miles, thence easl on Florida Sports Pa~ Road, thence north and east through
woods behind Sports Park, thence south 1500 leet. SHe is thence 300 feel east of cut section line lransect. NOTE THAT THE LOCATION ON
THE 19S5 SITE FORM !S WRONG. StTE IS ACTUALLY 000 FEET SW OF THE LOCA lION GIVEN ON THE 1985 FORM..
Page 1
o Original
XUpdate
ARCHAEOLOGICAL SITE FORM
FLORIDA MASTER SITE FILE
Version 2.2 12/95
landgrant
Name of Public Tract (e.g., park)
'l")'fJi: Olf3lXli'
SEmNG
o takeJPo~ . lac:uslrille
o RiverfSlreamlCreetc . riV&lif/6
o ~ - 9stvanne
o ~. marine
o maMe unspecified
o 'high energy' marine
C110w energy' marine
({'hn:h lilt cbui. t:'~ tIp., 1II",ly; if u~t",I~.J WI i(~ "ti!!:'.) .i.u ~l h'U"l'l)
STRUCTURES . OR . FEATURES FUNCTION
o aboIiginal bo&1 0 fo~ 0 road segmeJll 0 none specified
o agricJfarm bldg X m iOdell Oshell midden X. campsite
o burial mound CI m~1 unspccilied 0 shell mouM X exlraclive site
o building remains 0 mission a shipwreck X habilalion (prehisloric)
CI cemetery/grave 0 mound unspecified 0 subsurface realures 0 homestead (his IOf ic}
o d\HllpJrefust 0 plantation 0 surface ilC!Il\er 0 farms lead
o eartbworl(s 0 pl~1fuI m mound 0 wen 0 village (prehisloric)
o {own (hislonc)
o quatry
Tax Parcel #
x~ - 16I16slria/
o Cave1Sink - sublarrulJllan
o leITeslrial
o aquatic
a intermillenlly Rooded
o ~. pe/ustrin9
19 usually Hooded (hislorically)
o someiimes ftoode<J
o usually dry
olher
111~"'T{)lll(~ (~{)N'Pf!':XT~ (f :hi",.".-~rlHI,..t '11'1,1)'1' l' ~1.t ,,~r "'"<'/ "'1',>:;1~,
Aborir1inal 0 Fort Wallon 0 Hickory Pond 0 Perico Island 0 Seminole: CoIolli2alioll
o Alachua 0 Glades /a 0 lale Archaic? 0 Sale~ Haibo, 0 Seminole: 1st Was To 2d
o Archaic Unspecifie<l7 0 Glades Ib 0 Lale Swift Creek 0 St AU9llsliflil 0 Seminole: 2d War To 3d
o Belle Glade I 0 Glades I Unspe<; 0 leon-Jefferson 0 5 t. Johns (a 0 Seminole: 3d War On
o Belle Glade [J 0 Glades llir 0 Malabar lOSt Johns (b 0 Seminole-UflSpecinfld
o Belle Glade III 0 Glades Ub 0 Malabar U 0 51. Johns t Unspecified 0 Swill Crlrek Unspecified
CI Belle Glade IV 0 Glades lTc [J Manasola 0 SI. Johns (ra 0 Transilional
o Belle Glade Unspec 0 Glades n VIlSpeC [J Middle Archaic 7 0 SI. Johns lib 0 Weeden Island I
aCades Pond OGlades ma 0 Moulll T aylar 0 51. JOhns lie 0 Weeden Island II
o Oeplford 0 Glades /Jib 0 Norwood 0 51. JOhns [I Unspecified 0 Weeden Island Unspec
o Ealiy Archaic 0 GIade3 llle OO,ange 051 Johns Unspecified 0 Prehisloric Nonceramic
o Early Swift CrQeic 0 Glades m Unspec 0 Paleoindian a Sanla Rosa 0 Prehisloric CeralJ\ic
o Englewood X Glades Unspec 0 Pensacola [] Sanla Rosa .Swift Creek 0 Prehistoric Unspecified
a other (less common phases are not checldisled. For hislOlic siles. also give specifIC dales if Mown]
~..j'I,I.aSP-li IIlrl~v)
Nonaboriainal
o 1sl Spanish 1513-99
o 1s1 Spanish 16()()'99
o lsl Spanish 1700-1763
o 1s1 Spanish Uns~ified
o British 1753.1783
o 2nd Spanish 17B3-1821
a Arner. Terrikl(1162j.45
o AmeLCivil War 1861-$5
o American 191h Cenlury
[] quarry Amefican 20lh Cenlury
o American Unspeci~od
o Aflican-American
~T Ill-V 11:"/( )tt.~ I~V A I.IIATION <<W SI'I'lf.
Potenlially eligible for local designation? Xyes Dna 0 insuff info Name of Local Register eligibla for:
Individually eligible fOf National Register? Xyes Dno 0 insuff. info
Potential contribulor to NR district? Dyes 01'10 X insuff. info
Explanation of Evaluation (Required if 9valllale<l; Iimil to 3 lines; attach full jusUficalion)
Fairly intense midden containing faunal bone, sand-tampered ceramics, marine shell in excellent condition
Recommendations lor Site Preservation or further investiqation
DHR USE ONLY===--== OFFICIAL EVALUATIONS ====:::==;:;:DHR USE ONLY
rNR ;~'TE KEEPER-NR FLlGIBIUTY: Oy On Dat@ _1_1- I
I ~-'- SHPO-NREUGIBILlTY: Dy On Ope Oil Date-.J_I_ .
I DEUST DA TE LOCAL DES/GNA nON: Date _1---1__ I
I~~i~ster Crlleria for iv:~~~:ce Oa Db Dc Od. . _ _ II
HR6E04506-112 FIOIlda "'~.r Site FUel 01\'. 01 flt~torlcal Resou,ces '.R A. G ~ Illd~ CS&~ s B~o~~~~?~:!_a~l~~.s~~ Fl 32399-0250 119M) oW I. 22991 Suncon. 2n l ~9 (Fax 904-521.0372
Page 2
ARCHAEOLOGICAL SITE FORM
SHe #8CR556
PThLD IVUTHODS
Site 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 excavationso remole sensing
o informalion
Number, size, depth, paltem of units; screen size One 45cm SQuare screened shovel test in west-central Dart of sileo
(Cheek eRe SF more methods far deteeu9:a a:au [i)! bouadaf'ies)
Site Boundaries
o bounds unknown CJ remote sensing CJ unscreened shovel
o none by recorder Oinsp exposed ground 0 screened shovel
o auger-size:_ X estimate or guess
o no field cheek
o Iilerature search
o informant report
o litera lure search
o poslhole digger
Extent Size {m') 1000 m2
~I I'll; Im"'L(H jl I H JP\'
Deplh/strallgraphy 01 cuHural deposit 30cm.
TemporallnterpralaUon Components: 0 single 0 prob single X prab ml~Uple 0 multiple 0 uncertatO 0 unknown
Oescriba each occupation in plan (refer to attached large scala map) and stratigraphically. Discuss temporal and functional interprelations.
Integrity Overall disturbance: 0 /'lone seen X minor 0 substantial 0 major 0 redeposited destroyed-document I 0 unknown
Disturbances / threals / protecOve measures _Development
Po lhunting
Area Collected m2 S~riace: ikoUecl. Unils_ Excavation: #Conliguous blocks
,~~~
Total Artifacts #_ (Clounl or (E)stlmate? _c__ Surface #
Overall Collection Stratew Artifact Cateaories / Artifact Depositions
o unknown x unselecUve (all artifacts) ___ unspecified nonlocal-exolic
o selective (some artifacls) _ lilhics, aboriginal _ metal, nonprecious
o mixed selectivity _ A_ ceramic-aboriginal bone-human
o uncollected 0 general (not by subarea) _ ceramic-nonaboriginal _ A_ . bone-animal
oconlrolled (by subarea) daub _ bone-unspecil
o variable spalial control _ bIicklbldg mall _ unworl<ed shell
_ glass _A _ worked shell
_ precious metal/coin _ Other _
(Use abbrevlatlon(s) from Deposilion L1s1 to fill blank(s) of perllnent ArIilad Catllgories)
Subsurface (#
DlsDosltJon LIst
A . Ihis calagory alY~ collecled
o - oOserved, nol coIIecled
r . inlOl1llanl Jsported or collecled
S . som!! item s in calagory collected
R - coHecled & lebuned al sile
U . uollnown
o Olher
1. Sand-tamoered Plain Ceramics
DIAGNOSTICS (Type and frequency)
N=_ 5.
N::_9. _
N=
1I~f'1 V lI(ON!\IU~N 1
Nearest fresh waler (type & name}surrounding cypress marsh
Nalural community Tropical hardwood hammock
Locall/egetaUol'I red bay cabbaye palm, camphorwood, white stopper, rnarlberry, myrsine
Topography elevated high ground MIN ElevaUon _0_ m
melers_
Prasent land use undevelooed woodland
SCS soil series Immokalee lins
Distance {m)lbealing N/A
MAX ElevaliOll _'~.8
Soil association
J1'(~J(~N
lnformanl(s}: Name/Address/Phone John G. Beriault
location & File numbers (eeldnoles. a.lifacls/ao::e.ssioo nos.pholographslnegalwe nos.) ArchaooloQical and Historical Conservancv.tnc.
1\800 S.W. 6411 Avenue, Suite 107. Davie, FL 33314 [954) 792-9776 Fax: i954).792-9554 em1!il; AHCI@ATT.net
Manuscripls or PublicaUons on lhe sile (Use Conliwalion Sheel, give !=SFII il r~evanll
Rocorder(s): Name/Address/Phone John G. Beriault '--n ____.._._.._
Affiliation Of FAS Chapter FAS. SHA. AHC
.... PLEASE INCLUDESlTE PLAj'lS .....
J ARnF ~C;AI F MAP' At 1"='00' nr f::u(1nr ':::I:;al~ ~ho",. ~lIo hC"U")lbr1ne::: 'F:.i":\I~ Mrulh :tfrl"luJ d:-.flfl'll tn::flr.llUp.r.Iiron Ill'llf:e:: "f>~/'lC:: to lJ~n!=\
RANGE26E
RANGE 27E
Map of the Toll-Rattlesnake parcel nrea showing location of the Hunting
Camp Hammock Site, 8CRS56.
~m~~:l
a 11" -.~;~
USGS MAPS: BElLE_ME~DE AND BELLe MEft.DE iNV, '199~!
({
114
"lJ2
'1 Mile
J
Sile #8CR878
Recorder #
Field Dala _12j15_1.QL__
Form Date _12-'-21 -'OS _
Site Name(s) Clamshell Cove MIcklerI" [Multiple UsOng #8 1
Project Name Toll-Rattlesnake Parcel [Survey # ]
Ownersh'lp: x prilate-profil Clprivale.nonprolit Oprivale.ind"lVidual privale.unspecilied Oeily Dcountj Oslale 0 f&der.ll OfOteign Onawe american Ounknown
USGS 7.5 map name & dale Balla Mead9 (19 ). County Collier
Township_SOL Range_26L Section _14___ Yo Sect.: xNE 0 NW oSE 0 SW (Clleck alllhal apply)
City I Town _ Naples in Current City Limits? Y NX
UTM:zone 016 x17 easting _____0 northing ______0
Address I Vicinity of I Route to -'-75 Exil101, south on C;R951 4 miles, thence easl on Flonda Sports Par\( Road thenes north and e<lst behind
the Sports Park thence south 100 feet down Section 13f14 section line, thence wesl250 feel
Landgrent Tax Pcvcal #
Name of Public Tract (e.g., park)
TYI"II: Oil' N'Tlt~ (l :1",. k ",II dt()irl'" f hAC "J\l,ll; ;Ilunlr-.I ~~ \1,. n1hCt'~ ;'l..at...hAU...n)
StroNG STRUCTURES - OR - FEATURES FUNCnoN
x land. lem~slrial 0 ~ .lacuslriM Clllboriginlll boal 0 lor! 0 lOad segmenl 0 none specified
o ~ . suble"a~1/ 0 RiverlSlream/Cfeek . riverioo 0 llgricJlarrn bldg X midden Dsh~1I midden X campsite
o terreslrial Cl Tidal. ,s/v&rine [J burial mOllnd 0 millllll$p&cified 0 .hell rnound X ex/raclive sile
Q aqllalic 0 ~ . marillf [J bu~clng remains 0 mission 0 shipwreck X habitalion (p.ehistoric)
o inlermillenJly fiooded 0 marine unspecified 0 cemeleiy/grave 0 mound unspecified 0 subsurlsee lealures 0 homestead (hisIClic)
o Welli:lOd . pltflls!rine 0 "high energy marine 0 dlllnpJl9fuse 0 planl<>lion 0 sUlface sea/Ie! 0 '[umslead
[g usually flooded (historically} 0 "low anergy- maooe 0 earlnwork3 0 platfolm mound 0 well 0 village (plehislolic}
o somelimes flooded 0 lo,~n (hisloric)
D usually dry 0 QlJalf)'
olMr
Appcndix
PililJCt 1
o Original
X Update
ARCHAEOLOGICAL SITE FORM
FLORIDA MASTER SITE FILE
Version 2.2 12!95
III!S" C mu: (:HN'III;X IS _.{ :Iurk "II fhM :\1'1:1"', (.xfept-~~pH'?f.~ttbft.tt~'le~fln""J
Aboriq;naf 0 For! Wallen 0 Hickory Pond 0 Penco Island
o AI<Khua 0 Glades la 0 Lale Alcbaic ? 0 Safely Harlxlr
o Arcllaic Unspecified? 0 Glades lb 0 Lale Swill Creek 0 St. AugllSline
o Belle Glade f 0 Glades 1 Unspec 0 Leon-Jefferson 0 S1. Johns Ie
o Be"e Glade U 0 Glades Ha 0 Malabar 1 051. Johns Jb
o Belle Glade m 0 Glades nb 0 Malabal Tl CI $1. Johns I Unspeci~ed
o BeUe Glade IV 0 Glades Ilc [J Manasola 0 SI. .Johns Ua
o Belle Glade Unspec 0 Glades U Unspec 0 Middle Archaic 1 0 $1. Johns Jib
OCades Pond OGlades lIla 0 Mounl Taylol 0 Sl. Johns I{c
o DepllOl'd 0 Glades IIIb 0 N01Wood 0 $1. Johns l! Unspecified
o Eaily A!chaic 0 Glades rue 0 O~ge 0 Sl. Johns Umpecified
o Early SwiM Creek 0 Glactes lH Unspec 0 Paleoindian 0 Sanls flosa
rlEnl}lewood X Glades Unspec 0 Pe~s8cofa 0 Sanla ROSll-Swifl Creek
o other (Less common phases ale no! checklisle.d. F 01 hisloric siles. also give specific dales illv10wnJ
o Seminole: CoIonizalion
o $eroinola: -1st Wm To Zd
o Seminole: 2d War To 3d
o Seminole: 3d War On
o SemillOle-Unspecilied
o Swill Creek Unspeciied
o T ranSl~onal
o Wgeden Island I
o Weeden Island U
o Weeden Ist&/ld Unspec
o PrehislOlic Noncelamic
o Prehisloric CeramIC
o Plehislolic Un~ecifled
NonabvrininaJ
o 1sl Spanish 151).99
o 1s1 Spanish 16lJO..99
o 1 sf Spanish 1 iCO.1763
o 151 Spanish Unspeeifi~d
o eri~sh 1763-1783
o 2nd SpaniSh 1783-182"1
o f\mer.Tel1ilo(I 1821.45
o Ame.Civil War 181)1-65
o Ame/ican 1911\ Cenlury
o quail)' Ameriron 201h Cenlul'J
o Ame,iCM Umpecified
o AfliclIn.Americao
~a IIIVII:YOIZ'~ !I;V A' ,I IAT..)I'I: 4 w ~;"'l'1i:
Potenfially eligible for local designation? Xyas Dno 0 insutl. info Nama of Local Register eligibls for.
Individually eligible for National RegisteJ1 Xye.s Ono 0 insuff. info
PolanUal conlribu/orto NR district? Dyes Clno X insutl. info
ElIplanalion of Evaluation (Required if evaluated; Iimif to 3 lines; attach full justificalion)
Fairly intense midden containing faunal bona, sand-tempered ceramics, marina shell in excellent condition
Recommendations lor Site Preservation or further investioation
i DHR USE C?NLY====== OFFICIAL EVALUATIONS <::=:::====DHR USE ONLY
NR DA TE KEEPER.NR EUG1BJUTY: Cly On
.-1-.-1_ SHPO-NR fLlGJBJUTY: Dy On Ope Oil
I DEUSTDA7E LOCAL DE SIGNA nON:
_/_/_ Localofflr:e
NaUonal Register Cril.eria for Evaluation 03 Db Dc Od
HR6E04500-92 FlorIda Alas-Ier Silo File IDI.. 01 fllsloncal Rts.aulC$s I R. A. Gmy B1dO 1500 S Bronollgh SI.,T"'laha!3l1t, Fl 3n9!l.02:~1 (SOd) 48).27S91 Sunc<>m ~n.n991 F"" !lllo\.921-ll372
c.~~..o,,~ Ftc ~ F:'lI)OCS\i'ORM~.J5.DOC'
Dat8~_I_
Da:te ~ ~-'--'-
Date ----.!---1-,---
Page 2
ARCHAEOLOGICAL SITE FORM
Site #8CR878
FlELD METHODS
Site DetfKlion
o exposed ground X screened shovel
o posthole digger 0 aerial photo
o auger.-size:_ 0 Field visil and
o unscreene(1 shovel survey
o block excavationso remola sensing
o information
Number, sile, depth, pattern of units; screen size Three 45cm square screened shovel tests in wast-central oart of sila.
(Ch~t.:k YJlI: Ill' YIYl ~ J.l.u~tbu"!; tVI' dd~dign ltll.J FIJI Ihnisuhl ilts)
Site 80undaries
o bounds unknown 0 remota sensing 0 unscreened shovel
o none by recorder oinsp exposed ground 0 screened shovel
o augar-size:_ x estimate or guess
o no field check
o litera lure search
o Informanl report
o literature search
o poslhole digger
Extent Size (m2) 1500 m2
SUE DESCRIPIlON
Deplhlslratigrnphy of cull ural deposit 40cm.
TemporallnlerpretaUon Components: 0 single 0 prob single X prob multiple 0 multiple 0 uncertain 0 unknown
Describe each occupation in plan (refer 10 attached large scale map) and stratigraphically. Discuss temporal and functional inlelpretaUons.
Integrity OveraM disturbance: 0 none seen X minor 0 substantial 0 major 0 redeposited desfroyed-documenll 0 unknown
DistUlbances I threats I protective measures _Developmenl,
Polhunting
Area Collected m2 Surlace: #Collect. Units_ Excavation: #conUguous blocks
A Il'l'IIf-AC :TS
Total Artifacls # _ (C)ounlor (E)sUmale? _0_ Surface #
Overall Collection stratem Artifact Categories / Artifact De1JosftJons
o unknown x unselective (ail artifacts) _ unspecified nonlocal-exotic
o selective (some artifacts) _Iithics, aboriginal _ metal, nonpredous
o mixed selectivity _ _ ceramic-aboriginal bone-human
o uncollected 0 general (not by subarea) _ ceramic-nonaboriginal _ A... . bone-animal
ocontrolled (by subarea) daub _ bone-unspecil
o variable spatial control _ blicklbldg mati -A _ unwolked shell
_ glass -..-A _ worked shell
_ precious metal/coin _A_ Other -possible ceramic abrader
Subsurface 1#
Disposition List
A .. this calagOly always collecled
o . cbse/Ved. nol collocted
I - inromsot reporle<J O' co\le(:led
S . some ilems in calagory collecled
R . collected & reburied al site
U - unknown
o Other
(U611 abbrevialion(s) from Depositlon Ust to till blank(s) of perlinenl Mi1acl Categories)
1. Ceramic abrader
DIAGNOSTICS (Type and frequency)
N= 5.
N=_9. _
N=
---.-EMtfRONMENT
Nearest lresh water (type & name}sulTOunding cypress marsh Dislance [m)Jbeafing N/A
Natural community Diverse tropical hardwood hammock
Local vegetation live oak, cabbage palm, camphorwood, white stopper, mar1barry, myrsine, mastic, bustle, satinleaf, gray twig, wild coffee, randia
Topography elevated high ground
melars_
Present land usa undeveloped woodland
SCS soil series Immoxalee fine
MIN Elevation _0_ m
MAX Elevalion _+.8
Soil association
FUR;J;tUtlU1iffiRMA nON
Infonnant{s): Name/Address/Phone John G. Senault
Location & File numbers (ficld notes. alblaetslaccession nos. phoiog/3phslnegalive nos.) Archaeoloaical and Historical Conservancy. Inc:----
4800 S.w. 64~ Avenue, Suite 107 Davie. FL 33314 (954) 792.9776 Fax: (9541-792-9554 emaii: AHCI(ii)A n.net
Manuscripts or Publications on the site (Use Continua/ion Sheel. give FSF" ir relevant)
Recorder[s): Name/Address/Phone John G. Beriault ____.~_.~.._.
Affiliation or FAS Chapler FAS. SHA. AHC
. . . PLEASE INCLUDE Sffe PLANS. . .
I ARr.F St.AI F MAP, AI '""'00' '" lun'" ~,"I" .h"'.... ""~ nnllnnod". <r.~I" Nnn" ",/I\W <i.h,m tp",troll.dlno ,,";1.< 11.,ln~ tn II~~!;
RANGE 26E
RANGE 278:
Map of tIle 1'oU~R-attle$nake parcel area showing location of the
Clamshell Cove M1dden, 8CR878.
1~"pS:~EtU: MEAOEAND BEL1.E~!EADE NW,IS91
~f~
o
'M1
.
-
'!1'2
@
04< N
1 Mila.___--.J
114
Site Name(s) \Nhite SheB Hammock [Mulb'pJe Usting #8
Project Name Toll-Rattlesnake Parcel [Survey #
Ownership: X plival&-prolil OprNale-nonprofil Clprivale-indvidual privale-unspf)Cl1ied Deily Ocounly Dslalt 0 federal Oloreign Onativ& ameriCllIl Dunknown
USGS 7.5 map name & date Balla Meade (1991 }. County Collier
Township_50L Range_26L Secllon _25--0 % Sect.: xNE (J NW DSE 0 SW (chetkalllhalapply)
City / Town _ Naples in Current City Limits? Y NX
UTM:zone 016 )1:17 easUng _____0 northing ______0
Address / Vicinity of / Route to J-75 Exit 101, south on CR951 4 miles, thence east 00 Sabia Palm Road 1 mile. thence south on woods road
600 feet and SE on compass bearing 1000
fest
landgrant
Nama of PubJia Tract (e.g., park)
TYP{e niP SITE
SETnNG
o lakeIPond . lawslrill9
o RiverlSlream/Creek - tiV9rin&
o Th!i!J . 9sluarin&
o ~ - marins
o malin& umpecified
o 11igh enelgY m&rine
o "100/ energy" morine
Appendix
Pag~ 1
o Original
x Update
ARCHAEOLOGICAL SITE FORM
FLORIDA MASTER SITE Fll.,E
Version 2.2 12/95
SHe #8CR879
Recorder #
Field Dale _1)15_' 04 _
FonnDale_U_31 IP4 _
}
}
Tax Parcel #
(('Iu-. \ nil chui\:\:', Ibill 'tilT/hi if Ilc~ll\:'d w..ik ..fh't'l ~ iLl at \'O..U..U1)
STRUCTURES - OR . FEATURES FUNCTION
o abotiginal boal 0 fort 0 rOild segmenl 0 nOlle specified
o agricJ/erm bldg X millden Oshell midden X carnpsi1e
o burial mound 0 mill unspecified 0 shell mound X exlraclive slIe
o building remains 0 misslcn 0 shipwteck X Illlbil;\tion (plehislOlic)
o ce/llelery/grav& 0 mound unspecifted 0 subsurlace fealures 0 homeslead (hislorie)
Q dlJmplrefuse 0 planlaflOn 0 susfa<:e sca"&t 0 18rmslead
o earll\woTM Cl pial/arm mound 0 well 0 v~loge (prehisI01ic)
o lown (hislclic)
o quarry
x~ . tenes/1ial
o Cave/Sink. subt611'afIfJSn
o terrestrial
(J aquatic
o intenniUenUy flooded
o Weiland - palllStrine
[g usually looded lhislorically)
o sometimes flooded
o usually dry
olltel _________________.___._
______'__.._"._.__.._.___._____.__'_._m_'~____..._.._.,,_..___......____._..u__.__~_ ...___._..__..._..."..'M___.___,
II [ST, HUe: ('ONTlqp'S (t '''pi l( ~tI ih,,-j Ai.pl,)', 1'1', f'j.i }.,~ ,111I,1 <['.... ;11.
Aborlqinal 0 Fort Walton 0 Hickory Ponel 0 Perico Island
o Alachua 0 Glades la 0 Lale Archaic 7 0 Safet)' Hetbol
o Archaic Unspecified? 0 Glades Ib 0 lale Swift Cleek 0 $1 Augusline
o BeMe Glade I 0 Glades [ Unspec 0 Leon.Jefferson 051. Johns Ie
o Belle Glade U 0 Glades lIa 0 MalabaT lOSt Johns lb
o Be~ Glade III 0 Glades Ifu 0 Malabar If 0 SI. Johns I Unspec;ified
o 8elle Glade IV 0 Glades I1c 0 Manasola 0 SI. Johns lle
o Belle Glade Unspec 0 Glades n Unspec 0 Middle Archaic 70S!. Johns Ub
DCades Pond OGlades IDa 0 Moun! Tayklr 0 S1. Johns Itc
o Oepllord 0 Glades Ulb 0 Norwood (J $1. Johns II Unspecified
o Early Archaic 0 Glades mc 0 Orange 0 51_ Johns Unspecified
DEarly Swlfl Cleek 0 Glades III Unspac 0 Paleo indian 0 Sanla Rosa
o Englewood X Glades Unspec 0 Pensacola 0 Sanla Rosa.Swift Creel<
o other (Less common phases are nol checklisled_ For hislo/it siles. also give spe<;iflC dales if known)
o Seminole: Cclonizaijon
o Seminole: 1s1 Waf To 2d
o S&minote: 2d War To 3d
o Seminole: 3d War On
Cl Seminolll-Unspecified
o Swill Creek Unspedfied
o T ransilional
o Weeden Island [
o We&den Island II
o Wee<lcn Island Unspec
o Prel1islOJic Nonceramic
CJ Plehisloric Ceramic
o Prehisloric Unspecified
\hl'I'IB\~I"\ un I.)' )
NonaborieJinal
o lsl Spanish 1513-99
o Isl Spanish lCCO.gg
o hi Spanish 1700-1763
o lsl Spanish Unspeclfte<l
o Brilish 1163.1783
o 2nd Spanish 1783-1821
o Amer.Terriloi'1 1821-45
o Ame1.Ci-lil War 1861-65
o Amelican 191h Cenlury
o quarry AmeriC3n 20lh Cenlury
o Amelic:ao UlISpecifi~
o Africao.Americao
~llll V In'VI~'S Ir~'..' A 1.11 ATH aN ()If ~r~l'Ii:
Potentially eligible for local deaignation? Xyes Ono 0 insuft. info Name of Local Register eligible for.
Individually eligible for NaUOllal Regisler? 0 yes Dna X insuff. info
Potential contributor to NR district? 0 yes Dna X insuH. info
ExplanaUon of Evaluation (Required if evaluated; limit to 3 lines; attach full justifiGation)
Fairty intense midden containing faunal bone, marine shall in excellent conditioo
RecommendaUons tor Site Preservation Of furlher Investio aUon
I DHR USE ONLY====~ OFFICIAL EVALUATIONS :o::===:;;;OHR USE ONLY
NR DATE KEEPER.NR EUG1BfLlTY: Oy On
-.-1_1_ SHPO.NR EUGJBJUTY: DyOn Ope Oii
DEUSTDArE LOCAL DES/GNATlON:
_1-1'- LOC<lloffice
National Register Criteria for Evaluation Da Db Dc Dd
HR6E0450'8-S2 Fll)~da MllSler SlIe Fllrl D~/. of HIs10rlcaJ ResQuIl:es r R. A. Gray 81dg f 500 S Bronougll SI.. Tallahassee, FL 3139S-il250 1($4) 0187-22991 SUncom In-n99 I Fox 904-021.0172
CO~tI' OO(\Qml J'1f h~l.I' ',;\DOC\\fO~_9S">>0<:
Date-!~. __._
Date -1_1_
Daoo-1~_
I
I
Page 2
ARCHAEOLOGICAL SITE FORM
Site ~GBB79
}o iALD METROn,S
Site DetecfJOI/
o exposed ground x screened shovel
o posthole digger 0 aerial photo
o auger-size:_ 0 Field visil and
o unscreened shovel sUNey
o block excavalionso remote sensing
o informaUon
Number, size, depth, pattern of units; screen size Eiahleen 45cm squ~r9 screened shovellesl in the site.
o no field check
o literature search
o informanl report
o literature search
o poslhole dlgger
(Check one or more llHmH:Hl~ fur detQctlon-*H4-fur hl-HIIHl:td80)
Site Boundaries
o bounds unknown 0 remota sensing 0 unscreened shovel
o none by recorder oinsp exposed ground 0 screened shovel
o auger-size:_ x estimate or guess
=-
Extent Size (m2) 1000 m2
t; I j r; IJE8CHll' HO~
DeplhlstIatigrophy of cultural deposit 15cm.
TempOTallntBlprelaUon Components: 0 single 0 prob single X prob multiple 0 multiple 0 uncertain 0 unknown
Describe each occupation in plan (refer to attached large scale map) and stratigraphically. Discuss lemporal and functional interpretabons.
Integrity Overall disturbance: 0 none seen X minor 0 substantial 0 major 0 rOOeposHed destroyad-documenl! 0 unknown
Disturbances I threats I protective measures _Development,
PothunUng
Area Collected m2 Surface: #Collect. Unils_ Excavation: #contiguous blocks
:. R'I'll? A CT:~
Tolal Artifacts #_ (C)ount or (E}stimate? _c_ Surface #
Overall Collection Stratew Artifact CamfJorlas / Artifact De/Josftlons
J unknown x unsalecUve (all altlfacts) _ unspecified nonlocal-exoUc
o selecUve (soma artifacts) _Iilhics, aboriginal _ matal, nonpreclous
o mixed satectivity _ _ ceramic-aboriginal bone-human
o uncollecled 0 general (not by subarea) _ ceramic-nonaboriginal _ A_ . bone-animal
Dcontrolled (by subarea) _ daub _ bon&-unspecil
o variable spatial control _ brickJbldg mall unworked sheJl
_ glass _A _ worked shell
_ precious melallcoin _A_ Other _possible whelk columella
Subsurface #
Disposition List
A . Ihis Clllsgol)' Il~ys Coiled ed
o . obsllrved. 1\01 collecled
I . informanl reporled 01 colleel&<!
S . some i\ems in calagory collected
R - collecled & reburied al silt
U . UIlknown
o Other
chisel
(Use abbreviaiion(s) from Deposilion UslloiilJ blank(s) of pertinent Artifact Cat&gorles)
1.
DIAGNOSTICS (Type and frequency)
N=_ 5. N= 9.
N=
EN'VmO'NI\'mN r
Nearest fresh water {type & name)man;h 250 feel southwast
Nalural community Tropical hardwood hammock -live oak/cabbage palm hammock
Local vegetalion Live oak, cabbage palm, camphorwood, white slopper, marlberry, myrsim~
Topography elevated high ground _____ MIN Elevation
meters_
Prasenlland use unclevelooed woodland
SCS soil series Immokalee fine _
Distance (m)/bearing 80 me/srs SW _
_O_m
MAX Elevation _'~.8
Soil association
Jill I RJ' f 1Ji~ R fN-lt'tl*l\1 A.'II f H\'
Infonnant(s): Name/Address/Phone John G. Beriaull
Location & File numbers {field noles. arlilac1sJaccession nos. pholog/aphslnegalive nos.} ArchaeolOQical and Historical ConSelVOnCy, Inc.
4800 S.W 64&' Avenue, Suile 107, Davia. FL 33314 [954) 7S2-9776 Fax: r954H92-9554 email: AHCI(a)ATT.nel
'I1anuscripls or Publications on the site (Use Conlir.ualion Shecl. give FSFUif ,elevanl)__
.~ecordS((s): Name/AddrasslPhone John G. 8eriaull
Affiliation or FAS Chapter FAS. SHA. AHC!,
~--~--
. . . PLEASE lJ'/CLUDE SITE PlANS' . -,
LARGE SCALE MAP: AI 1""200' or larger snle, show; slle bOllndarios, scale. N(lr[h arro...., datum. test/collection unit.;, lie. Ins 10 USGS.
HARRATIVE DESCRIPTION/CONTINUATIONS: Attach additional sheets vJ(lh detailed information or ..1I11 conUnualions.
RANGE'26E: RANGE 27E
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Map of the ToIl-R-attlesnake parcel area showing location of the White Sh;;:!l
Hammock Site, 8CR879.
~-
o H4
USGS MAPS: BELLS MEADE AND BELLE I'AEADE /'lW, i9S1..______
...~
N
'Ii2
....
I....
'l Mile
Site #8CR680 __~
Recorder#__
Field Data _12j15_/QL_
Form Dale _12L21_'.QQ._
Site Name(s) Deep Marsh Hammock {Multiple Usting #8 ]
Project Name Toll-Rattlesnake Parcel [$uNey ## J
Ownership; x priva\e.profil tJprPiate- nOhprofil Oplivale-imkvidual plivale.unspeci~ed Deily Oeounly Dslale 0 federal Dloreign Dnalive american Dunknown
USGS 7.5 map name & date Belle Meade (19). . County Collier
Township_SOL RaIlgs_26L Section _25-.1 ~ See!.: xNE 0 NW DSE 0 SW (cheekalllhal ~Iy)
Cily I Town _ Naples in CUfTent City Limits? Y NX
UTM: zone 016 >:17 easting _ _ _ _ _0 northing _ _ _ _ _ _ 0
Address ( Vicinity of I Route to J-75 Exit 101, south on CR951 4 milas, thence east on Sable Palm Road 1 mile, thence souTh on woods road
600 feet and SE on compass bearing 1000 feet, thence due souttl '.4 mUe
Appendix
Pagtt 1
o Original
x Update
ARCHAEOLOGICAL SITE FORM
FLORIDA MASTER SITE FILE
Version 2.2 12195
Lancfgrant
Name 01 Public Tract (e.g., park)
TVfff, nit' gM'~~
SETT1NG
o ~ -f8C(JstriM
o RiverlSlrllamfCreek . riverill9
o Tidal- esluamo
O~.mf/fin9
o marine unspecified
o 'high energy' marine
o 'low energy mllline
Tax Parcel 1#
X land. lerreslri81
o CaveJSink . subtelTanean
o lerresllilll
o aqualic
o inlcrmillen III' flooded
o Wetland. pafusfTine
19 usuaHy Rooded (hislorically)
o semelimes Rooded
o usuall)' dry
olher
(CI.tti. 1.11 cI,.,i. n ~h111 llllJJIYi if 1I..,~.It'd lI'1'P ;((' ..tl.~u iu ,If J'''U~nd
STRUCroRES . OR . FEAWRES FUNC710N
o aboliginal boat 0 lor! 0 road segmenl 0 none specified
o aglicffil1lll bldg X midden Oshell middeit X campsite
o burial mound 0 mill unspecified 0 snell mound )( e:clraclNe sile
o blil<lit\g remaillS 0 mission 0 shipwrec~ X /labilalion (plehislorio)
o cernelfllYlgrlMl 0 rMllnd UIIspeeif,ed 0 subsurl:Jce leal~rEl3 0 homestead (hisloric}
o dump/refuse 0 planlalion 0 suliace sClltlel 0 IaImslead
o l!.arlhwork$ 0 plaltOlm mound 0 well 0 uillage {plehislorie)
o lown (histOlio)
o qllarry
1IISTORH' ('()NTIO(,J'~ (Ph... k 1>1111\,,1 Al'l.I)', 4\:u I"j>t lI$f, Jl]..~t ~1'~t"'ii11-mbp~l.j.)
Aboriainal 0 FotI Wallon 0 Hiclmry Pond 0 Penco Island
o Alachua 0 Glacres la 0 lale Archaic '1 0 Safety Harbor
o ArchaiC UllSpecirlCd? 0 Glade~ lb 0 Lala Swirl Creek 0 51. Augosline
o Belle Glade ( 0 Glades I Unsp;!C 0 Loon. Jeflarson 0 51. JohllS la
o Belle Glade 1l 0 Glades lIa 0 Malabal 1 0 51. Johns Ib
o Belle Glade III 0 Glades lIb 0 Malabar IT 0 51. Johns I Umpecifled
o Belle Glade IV 0 Glades lie 0 Manasola CI 51. Johns l1a
o Bele Glade Unspec 0 Glades II Unspec 0 Middle AiehaiC 7 0 SI. Johns Ill>
OCades Pond DGlades fill 0 Moun! Taylor 0 St. Johns Ue
o Oeplloro 0 Glade.s llIb 0 NONlood 0 SI. Johns II Unspecified
C1 Early Archaic 0 Glatks lUe 0 Orange 0 SI. Johns Unspecified
o Eally Swifl Creek 0 Glades ill Unspec 0 Pal90indian 0 Sonia Rosa
o Englewood X Glades Unspec 0 Pensacola 0 Sanla ROSll-Swill Creek
o o!her (Less common phases are no\ checklisloo. FOl hisloric siles. also give specirlC dales if known)
o Seminole' CoIOnl2alilln
o Seminole: ls1 WarTa 2d
o Seminole: 20 War To 3d
o Seminole: 3d War On
o Seminol&-UnspecifiOO
o Switl Creek Unspecir:ed
o T IlInsilional
o Weeden Island I
o Weeden Is 181ld II
o Weeden Island Unspec
o Prehislorie Nonceramie
o prehiSloric Ceramic
o Plehislulic Unspecified
Nonab orlqinal
o Isl Spanish 151:>-S9
o 1st Spanish 1600.99
o 1st Spanish 1700.1763
o 1s1 Spanish Unspecified
o Srilish 1763-1783
o 2nd Spanish 1783-1621
OAmeI.TerriI0l11821.45
o AmeLeivil War 1861.Q5
o American 19th Cenlury
[J quarry Amerialn Wlh Cenlurj
o Am81ieoo Unspecified
o A/rican.Amelican
~IlUVR"OH'S J':V,.....J.IJ.~TI(lN (W~ITII~
PotanUally eligible for local designation? X yas Dna 0 insull. info Name of Local Register ali(lible lor:
Individually eligible for NaUonal Registel1 0 yas Ono X inwtt. info
Potential contributor to NR district? 0 yes Ono X insutf. 1010
ExplanaUon of Evaluation (Required if evaluated; limit to 3 lines; attach lull justification)
Fairly intense midden containing sand-tempered ceramics in excellent conditioll
Recommendations for Sile Preservation or further invesUoation
DHR USE ONL Y====== OFFICIAL EVALUATIONS ====::::<==DHR USE ONLY
NR DA TE KEEPER-NR ELlG/BIUTY: Dy On
I I SHPO-f'oIR ELlG1BJUTY: tly On Ope Oil
DEUsi DA TE LOCAL DESIGNATION:
I I Local office _
Natlo/;ai R;9ister Criteria for Evaluation ':Ja Db Dc Od
HR6E04506-1I2 Florid. Meslor Silo file / Dtv. 01 Hls!o~coJ ResourC1ls/ R. A. GraoJ BldO /500 S Bropo\l,g" St.TalloMSUO, Fl 32399.0250/ (S04) ol87.21!lg / Sun<;om 2n.n99/ f'J:( oo.l-1l2Hl3n
C.IJ'l,~DIll(~I;"T..t ~Ct tr.lrcg P.\DOCS\FOP.MSV..R_~'SJlOC
Oms _/~_
Dale ~/_/_
Date~_I_
Page 2
ARCHAEOLOGICAL SITE FORM
Site #8CR880
p u;U) lYIETROD~
SiteDelectioD;, .. . .. ..
o exposed ground x screened shovel
o posthole digger 0 aerial photo
o auger-siz.e:_ 0 Field visit and
o unscreened shovel survey
o block excavation so remote sensing
o information
Number, size, depth, panem of units; screen size Twenlv five 45cm square screened shovellests in site area.
(Check una or mare methuds tor det8~tlQll and fur bllundarl0s)
Site Boundades:<
o bounds unknown 0 remote sensing 0 unscreened shovel
o none by recorder oinsp exposed ground x screened shovel
o auger-size:_ 0 esUmate or guess
o no check
o literature search
o informant report
o literature search
o poslhole digger
Extant Size (m2) 1000 m2
~111l; OIC8Cltll'I H Jf'I/
DepthfslraUgraphy of cutlural deposit 40cm.
Tamporallnterpralation Components: 0 single 0 prob single X prob multiple 0 multiple Cluncertain 0 unknown
Describe each occupation in plan (refer to attached large scale map) and stratigraphically. Discuss temporal and functional interpretations.
Integrity Overall dislurbance: 0 none seen X minor 0 substantial 0 major 0 redeposiled de.slroyed-document! 0 unknown
Disturbances I Ulreats (protective measures _Development,
Polhunting
Area Collected _ m2 Surface: #Collect. Unils_ Excavation: #contiguous blocks
ARTIFACT,
Total Artifacts #_ (C)ount or (E)stimate? _c_ Surface'# _
Overall Collection Sfrctteav Artifac1 Cateaorles I Artifact Depositions
o unknown X unselecUve (all artifacts) =- unspecified _ non!ocal-exoUc
tJ selective (some artifacts} _Iithics, aboriginal _ melal, nonprecious
o mixed selectivity _ ~ ceramic-aboriginal bone-human
o uncollected 0 general (not by subarea) _ ceramic-nonaboriginal _ _ _ bone-animal
ocontrolled (by subarea) daub _ bone-unspecif
o variable spatial c(ln1rol _ brickJbldg maU unworked shell
_ glass _ _ worked shell
__ precious melaf/coin Other
Subsurface #
Dispositloll List
A - lhis calagofY alwitys colleeled
o - obselVed. nol colle<: led
I - in/ormanl reported or collected
S . some items in calagory collecled
R - collec1ed & reburied al sile
U - unknown
DOlher
1. Sand-tempered plain ceramics
DIAGNOSTICS (Type and frequency)
N=_ 5.
N:;_9. _
N:;_
It:N VIIlC tP'JM I':NT
Nearest fresh water (type & nama)marsh 1000 feet south
Natura! community Cabbage palm hammock
L(lcal vegetation Live oak, cabbage palm, myrsine
Topography elevated high ground
melers_
Present land usa undevelooed woodland
SCS soil series Immokalee fine
Distance (m)foearing 30 meters S
M1N Elevation _0_ m
MAX Elevation _+.5
Soil association
FUUH_EltlNFoRMAnorr
lnfonnanl(s): NamelAddresslPhone John G. Beriaull
loca6on & File nurnbers (~d noles. ar1ilac1s/ac<;ession nos. p!lolograplis/negalive nos.) ArchaeoJoaic.al and Historical ConseNancv. Inc.
4800 S.W. 64lh Avenue, Suile 107, Davie. FL 33314 /954)792-9776 fax: (954}.792-9554 email: AHClaMTT.nat
Manuscripts or Publications on lhe site (Use Continuation Sheel. give r:SFn il relevanl)
Recorder{s): Name/Address/Phone John G. Beriaull
Affiliation or FAS Chapter FAS. SHA, AHC
· . ".PLEASE INCLUDE s.rm PLJ'-'''<S..''
LARGE SC.~LE MAP: At 1"=200' or larger scale, show: silo boundaries, scale, North arroVl, datum, test/collectIon unll", tic-Ins to USGS.
NARRATIVE OESCRIPTIONlCOmINUATIONS: Alben addiHonal sheots WiUl dotailed lllrorFll~Uon Of with contllluaUon$.
Map of the ToH-R-attIesnake parcel area showing location of the
Deep Marsh fvfidden site, 8CR8S0.
~v-'
I 0 'lI4 1/2
1 USGS MAPSJiE LLE ;\J\EAOf: A:t!P Bi:lIE ME.AOE NW. -1991 __.______
"\.
-
~
N
'1 ~ilile
Site #8CR881
Recorder #
Field Data _12J15_J~~
Form Date _12)_21 -' 0$_
Site Name{s) Jump-Start Hammock (Mulffpfe Usting #8 . J
Project Name Toll-Rattlesnake Parcel [Survey /#. J
Ownership: x privalQ-plofit Oprivale-n~rofil I:Jpriville-irnmidual privale-unspecirr~ CIcily Ocoun1y Oslalll 0 lederal O/oieign Onalive american Ounknown
USGS 7.5 map name & dale Belle Meade f19 ). County Collier
Township_SOL Rangs_26L Section _25--.. y,. Sect.: oNE X NW oSE 0 SW (checl( ~ thai apply)
City I Town _ Naples in Current Cily limits? Y NX
UTM: zone 016 x17 easUng _ _ _ _ _0 northing _ _ _ _ __ 0
Address I Vicinity of I Route to J.75 Exit 101, south on CR951 4 miles, thence east on Sable Palm Road 1 mile, thence south on woods road
600 feet
Landgrant Tax Parcel #
Name of Public Tract (e.g., pall<)
TV 1"1; {)II' sn"'~ (C :hl'. k .\11 . I\"i. t.~ ~hAI I\PI't]i it lltt.II'~J ~\ ;I~ IItI,~\' in ~t 1,j)H..m)
SEmNG STRUCnJRES . OR . FEA TURES FUNC110N
X...!&nsI- terrestrial 0 ~ .lacusfriM 0 aboriginal boal 0 lor! 0 road segment 0 none specilied
o ~ - BubferrarlS8Il a RiverlSlream/Creek - riWlljne 0 agriQ'larm bIdg X midden Oshell midden X campsil&
o terrestrial 0 Tidal. estuarine 0 burial mound 0 mil \t1lSpe<:ified 0 shell mound X exlractNe sile
o aquatic 0 Sallwalet. marine 0 building remains 0 mission 0 shipwreck X habilalion (prehislorie)
o inleoniltenlly /loaded 0 maline unspecifieod 0 cemetery/grave 0 mOl/lid unspecified 0 subsurface features 0 homestead (hisIOfic)
o WeUand . palustrine 0 "high energy" marine 0 dump/refuse 0 piantafion 0 surface scaller Olarmslead
19 usually ftooded (bislo,ically) 01<>1'/ energy" marine 0 earlhwOlks 0 platform mound 0 Vlell 0 village (prehis10ric)
o somelimes ftooded Olown (hislori<:)
o usually dry 0 quarry
olher
Appendix
Page 1
o Original
x Update
ARCHAEOLOGICAL SITE FORM
FLORIDA MASTER SITI; FILE
Version 2.2 12/95
Z1ISTOIU(: (:Of\' n;ilt 1'''; (( :hrtk :.11 tn:\t "pr1y, c::recrt n~r: m,,~t .qpft"ilit ~lIhph8~f~ "ft.})
Aboriuinal 0 Fost WalOll 0 Hickory Pond 0 Penco Island
o Alachua 0 Glades Ia 0 Lale Archaic? 0 Sorely Harbor
o Archaic Ur.spedfied? 0 Glades lb 0 Lale SwiH Creek 0 51. Augustine
o Belle Glade 1 0 Gladeli J Unspec 0 Leon-Jeffef'S<ln 0 SI. Johns 1a
o Selle Glade D 0 G1acJes lIa 0 Malabar 1 0 S I. JOMS 1b
CJ BenD Glade In 0 Glades (Jb 0 Malabat IT 0 S I. Johns 1 UnSpicif,ed
o ~lIe Glade IV 0 Glades Dc; 0 Manasola 0 $1. John.~ lIa
I:J Selle Glade Unspec 0 Glades II Unspec 0 Middle Archaic 1 0 SI. Johns Db
OGades Pond OGlades IlIa 0 Mount T aylOt 0 SI. Johns ne
a Depfford 0 Glades mb 0 Norwood 051. Johns D UnspecifJe<J
DEal>! Alchaic 0 Glades IDe 0 Orang~ 051. Johns UnspeciOOd
o ElI'ly Swill Creek 0 Glades HI Unspec 0 Paleoindian 0 Santa Rosa
o Englewood X Glades Unspec 0 Pensacola 0 San/a R.osa..swi~ Cleek
o other (Less common phases 8/& no! checkijsted. For hisloric siles. also give specifrc dales ir known)
o Seminols: Colonizalio~
o Seminole: 1st War To 2d
o Seminole: 2d War To 311
o Seminole: 3d War On
o Seminole-Unspecified
o Swill CAeek Unspecified
o T ransilional
o Weeden Island I
o Weeden Island [[
o Weeden Island Unspec
o Prehistoric Nonceramic
o Prehislorie Ceramic
o Prehisloric Unspecirled
Nonaborialnal
o lsl Spanish 1513-99
o 1s1 Spanish 1800.99
o 1s1 Spanish 1700.1763
o t 51 Spanish Unspecified
o Brilish 1163.1783
o 2nd Spanish 1783-1821
o AmeI.Teailor'lI821-45
o Arnor.Civil War 1861-65
o American 191h CenlulY
o quarry Ameriean Wlh Cenllll'(
o American Unspecified
o African.Amer;caIl
:-; I liP.! I': \' (J Il'S II;V A L !lA'IION ()Ir ~ITIr:
Polenl/ally eligible for loca! deslgnaUon? Xyes Dno 0 insuff. Info Name of Local Register eligible for:
Individually eligible for NaUonal Register'? Xyes Dnc 0 insuff. inlo
Potential contributor to NR dislJic17 Dyes Onc X insuff. info
Explanation of Evaluation (Required if evalualed; limit 10 3 lines; attach full justification)
Fairty intense midden containing faunal bone, marina shell in excallent condition________.............___.
Recommendations for SHe Preservafion or further investioaUon
DHR USE ONLY==::=:;= OFFICIAL EVALUATIONS =====--DHR USE ONLY
Oy On
Oy Dn Ope OIl
NR DATE KEEPER-1m EUGIBIUTY:
~~_ SHPO-NR ELlGf8/UTY:
DEUSTDATE LOCAL DESIGNAnON:
_1_'_ Localofflce
National Register Criteria for Evaluation Da OJ) \JQ
Daf9~~__
Date ~~___.
Date __./ _.J______
ad
HR8E04506-92 Flotlda Maslor sn. Flit I Olv. 01 HIs10rlcal Ro'our~. r R. A. Gray Bldg /500 S 8ro"o<l9h SI..1oll.h",,_. fL m99.o2~! (9D"> <161-2299 (Suncom 277-2299/ Fax 904-911-0372
CDII::rPdCf OeC:tl:DUt'.bIl'\'b.$ P:\Doc::s\POR!r1S\AA_~.DOC
Page 2
ARCHAEOLOGICAL SITE FORlVI
Sile #8CRB61
FIELD MJi:THODS
Sfte Defection
o exposed ground X screened shovel
o posthole digger 0 aerial photo
o auger-siz:e:_ 0 Field visit and
o unscreened shovel survey
o block axcavaUonsD remote sensing
o infonnaUon
Number, size, depth, pattern of unils; screen size Sixteen 45cm SQuare screened shovel test in west-central part of sile.
o no field check
o literature search
o infonnant report
o literature search
o posthole digger
(ClHi:d. u~uAdhvUb iv. ~t:tedjvll l1ud f\H LIJ&LlH.hrilts-)
Site Boundaries
o bounds unknown 0 remote sensing 0 unscreened shovel
o none by recorder Oinsp exposed ground X screened shovel
o auger-size:_ 0 astimate or guess
Extent Size (m2) 1000 m2
SITE DESCJmrI10N
Deplhlstratigraphy of cultural deposiL~m
Temporallnterpralation Components: 0 single 0 prob single X prob multiple 0 mUltiple 0 uncertain 0 unknown
Describe each occupation in plan (rafer to altached large scala map) and s1ratigraphically. Discuss lemporal and functional interpretations.
Integrity Overall disturbance: 0 none seen X minor 0 substantial 0 major 0 redeposited destroyed-documenl! 0 unknown
Disturbances Ilhreats I prolective measures _Oevelopmanl,
Pothunting__
Area Collected m2 Surface: #Collect. Units_..____ E x:cavali on: #ConUguou8 blocks
A 1~'i'WM :'1'.':
Total Artifacts # _ (C)ount Of (E}stimate? _c_ Surface:#
OveraJl Collection Strate~ Artifact Cateaories / Artifact Depositions
o unknown X unselecUve (all arUfacts) _ unspecified nonlecal-exolic
o selecUve (some artifacts) _ Ii thies, aboriginal _ metal, nonp(eciolls
o mixed selecUvily _ _ ceramic.-aboriginal bone-human
o uncollected 0 general (nol by subarea) _ ceramic-nonaboriginal _ A_ _ bona-animal
Dconlrolled (by subarea) daub _ bone-unspecll
o variable spatial control _ bricklbldg matl _A _ unwor\(ed shell
_ glass _A _ worked shell
_ precious melaVcoin _A_ Other --possible bone pin
Subsurface #
Disposition List
A - lhis calagOly always collecled
o . cbselVed, nol collected
] - inlcrma.~l l eported 01 collecled
S - soma items in ca18g0ry co~ecled
R - collecled & reolJlied al sile
U - unxnown
o Other
(Use abbreviation(s) from rMposilion Uslto till blank(s) of pertinent Artifact Categories)
DIAGNOSTICS (Type and frequency)
N=
E~Ni
Nearest fresh water {type & name)marsh 250 feet southeast Dislance (m)Jbearing 80 meters SE _ _
Natural community Tropical hardwood hammook__ ____~.,_~_______.____
Local vegetation Uve oak. cabbage palm. camphorwocd, white stopper, marlberry, myrsine
Topography elevated high ground MIN Elevation __0_ m
meters_
Present ~and use undevelooed woodland
SCS soil series lmmokalee fine
1.
N=_
5.
9.
N=
MAX Elevation _+.8
Soil association
ttl ~HHt:->>-}-N-HH~HHN
Informant(s): Name/Address/Phone John G. Beliaull
location & File numbers (field noles. arlilacls/3ccessiOll nos, pholcgraphslnegalive nos.) Archaeolocical and Historical Conservancy. Inc.
4800 SW 64l\AvenuEl. Suite 107, Davie, Fl33314 (954) 792-9776 Fax: f9541-792-9554 email: AHCI@ATInet
Manuscripts or Publications on the sile (Use Conlinvalion $heel. give Fsr, if relevanl]
Recorder(s): NamelAddcasslPhone John G. Beriault
Affiliation or FAS Chapler FAS. SHA, AHC
! · .. .. I'LEASE INCLUDE SITE PLANS' . .
j LARGE SCALE MAP: Al 1"=200' or I~rgcr scale. show: site boundarles, scale, Nor!" arrow, datum. tesllcollcdion units, Uc.lns to USGS.
L~ARAATIVE OESCRIP110mCONTlNUA liONS: Attach additiOlla1 sheats with diltall<Jd IllfonnaUon or with continuatlons.
t.tD.p~d'OUl:llUll~ FI1lt 11'\':"1 "".\DoC'SUl'OI\.\.U\AR_'~.DOC
RANGE 26E RANGE 21E
, - .,...
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EXHIBIT 22
CORRESPONDENCE FROM THE FLORIDA DEPARTMENT OF STATE
DIVISION OF HISTORICAL RESOURCES
.....
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RECEIVED
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FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State
DIVISION OF HISTORICAL RESOURCES
Ms. Cheryl Groener
Passarella and Associates, Inc.
9110 College Pointe Court
Fort Myers. Florida 33919
NOveillber 28. 2006
Re: DHR Nos.: 2006-9964 and 9965/ Received by DHR: October 6. 2006
Hammock Park Commerce Center and McMullen Parcel
Passarella and Associates Project No.: 06TSC1438
Collier County
Dear Ms. Groener:
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 CPR 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 of the Florida Master Site File data indicates that both of the above referenced p'arcels
were sU1Ve~ed 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
amwestennan@dos.state.fl.us. We appreciate your continued interest in protecting Florida's
historic prQPerties.
Sincerely,
~-lil:'-Q. p. G.JL.
Frederick P. Gaske, Director, and
State Historic Preservation Officer
500 S. Bronough Street . Tallahass,ee, FL 32399-0250 . http://www.nherltage.com
C Dlreelol'l Or"ce C Archaeological Research III Hlltoric Preservation LJ Historical Museums
(850) 245-6300' PAX: 245-6436 (850) 245-6444 · PAX: 245-6452 (850) 24~-6333 . PAX: 245-6437 (850) 245-6400 . PAX: 245-6433
C Southeast Regional Office C Northeast Regional Office
(954) 467-4990 · FAX: 467-4991 (904) 825-5045 ' PAX: 825-5044
o Central Florida Regional Office
(813) 272-3843' FAX: 272-2340
-.. .----------
Agenda Item No. 8A
April 27,2010
Page 374 of 487
.
McMULLEN PROPERTY
REZONE
TRAFFIC IMPACT STUDY
.
Prepared for:
The Sembler Company
7601 North Federal Highway
Boca Rato'l. FL 33487
Prepared by:
Tindale-Oli\'er and Associates, Inc.
1000 North Ashley Drive, Suite 100
Tampa. Florida 33602
(813) 224-8862
September 23, 2008
389007-00.07
.
Agenda Item No. 8A
April 27. 2010
Page 375 of 487
.
McMULLEN PROPERTY REZONING
TRAFFIC IM:P ACT STUDY
Table of Contents
Introduction........ ................... ................... ...... ............. ...... ............... ........ ........... ........ .................................. 1
Existing Roadways.............. ............... ............ ........... ......................... ............................... ........ ....... ............. S
Trip Generation.............. ............. .......... ......... .................................. ............ ......... .......................... ....... ....... 7
Trip Distribution and AssigIUllent.......... ..................................... ..............................., ...... .......... ............... ...7
Scheduled Improvements..................... ...... ........... .......... ..... ................... ......... .............. ............ ....... ............ 9
Study Network Identification..... ....... .............. ..................... ...... ....... .................... ..................... ............ ..... ] I
Traffic Analysis ....... ........................ ................ ............ ............... ............ ..................... ..... ........ ....... h......... 12
Land Use Trade Off ........................................ ...................... ....... ............................... ................................20
Conclusions...................... ....................................... .......................... ........................... ............................... 22
List of Figures
.
Figure 1, Project Site Location .....................................................................................................................2
Figure 2, Site Boundary Plan ....................................................................................................................... 3
Figure 3, 2007 Existing Lane Use and Traffic Control................................................................................. 6
Figure 4 Site Generated Traffic Volume Estimates and Directional Distribution ........................................ 8
Figure 5,201] Lane Use and Traffic Control (with Collier Boulcvard Widening Project) ....................... 10
Figure 6, 2011 Background Traffic Volume Estimates (without-project)................................................. 16
Figure 7, 2011 Future Traffic Volume Estimates (with-project) ................................................................ 17
List of Tables
Table I, Summary of Trip Generation Estimate ........................................................................................... 7
Table 2, Study Network Identification........................................................................................................ 1]
Table 3, Roadway Capacity Analysis ......................................................................................................... 13
Table 4, 2011 Level of Service Summary (Existing Lanes) ....................................................................... 18
Table S, 2011 Level ofSelVice Summary (Future Lanes) .......................................................................... 18
Table 6, Queue Analysis ............................................................................................................................. 19
Table 7, Land Use Tradeoff Ratio Calculations.......................................................................................... 20
Table 8, Trip Generation Comparison ........................................................................................................ 21
.
.
McMULLEN PROPERTY REZONING
TRAFFIC IMP ACT STUDY
List of Appendices
Appendix A: Methodology Letter
Appendix B: Lee-Collier Select Zone Site Traffic Assigrunent
Appendix C: Site Volume Development
Appendix 0: Roadway Improvement Infonnation
Appendix E: Collier County Traffie Volume and Capacity Values
Appendix F: Existing Field Data
Appendix G: 2011 Background and Future Volume Development
Appendix H: 20] I LOS Analysis Worksheets
.
.
Agenda Item No. 8A
April 27, 2010
Page 376 of 487
Agenda Item No. 8A
April 27, 2010
Page 377 of 487
.
McMULLEN PROPERTY REZONING
TRAFFIC IMPACT STUDY
INTRODUCTION
This report summarizes a traffic impact study, undertaken by Tindale-Oliver and Associates, Inc., for a
residential and office center proposed to be developed on the north 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 undertaken 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 general office and warehouse are permitted).
However, as medical office is the highest vehicular trip generator of the allowable uses, it was used in this
analysis. For purposes of this analysis, build-out of the proposed development is anticipated to occur in
2011. Access to the project site will be determined and analyzed at the Site Development Plan (SDP)
phase to follow the re20ning. At this time, it is anticipated that access will be provided to Rattlesnake
Hammock Road and potentially adjacent parcels, if developed. A plan illustrating the site boundary for
the proposed projcct is shown in Figure 2.
.
A traffic analysis documenting potential impacts of the proposed development was performed. The
methodology was documented in a letter transmitted to County staff; dated February 1,2007. The
methodology used to perform the analysis is consistent with that specified in the referenced letter. A
copy of the methodology correspondence is provided in Appendix A.
.
T'llIdale.O/iver alld Associates, JIIC.
389007-00.07 - September 23, 2008
Page 1
McMullen Property Rezone
Traffic Impuel Analysis
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Agenda Item No. 8A
April 27,2010
Page 378 of 487
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Traffic Impact Allalysis
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April 27, 2010
Page 379 of 487
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389007-00.07 - September 23. 2008
Page 3
McMullen Property Rezone
TI'affic ">>pacl AI/alysis
Agenda Item No. 8A
April 27, 2010
Page 380 of 487
.
Tasks undertaken in support of this study are summarized as follows:
. Traffic volumes anticipated to be generated by tbe 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 \Vork programs were reviewed for committed improvements.
. The significantly impacted roadway network (based on the latest ADIR) was reviewed to determine
the availability of capacity to accommodate the subject project.
. 201] background (existing + reserved + growth) PM peak hour traffic volumes were estimated for the
study area.
. Traffic generated by the proposed site was estimated and added to 2011 without-project volumes to
forecast future 201] with.project conditions.
. 2011 PM Peak hour operational analysil\ was undertaken at the study intersection; this includes turn
lane queue analysis.
.
. A land use trade off mechanism was developed for exchanging land uses.
.
Tjll(la/e-O/il'tr alld Associates. ]"c.
389007-00.07 - September 23, 2008
Page 4
McMullen Property Rezone
Traffic Impact AlIalysis
Agenda Item No. 8A
April 27, 2010
Page 381 of 487
.
EXISTING ROADWAYS
Rattlesnake Hammock Road is a two lane arterial which provides access from ColIier Boulevard, west
to US-41. East of Collier Boulevard. Rattlesnake 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 discussed later in the report.
Comer Boulevard is a four lane divided arterial which provides access north to I- 7S 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 network.
.
.
Tindal~-Olil'el' and Associates, /lIC.
389007-00.07 - Septembe/' 23,2008
Page 5
McMullen Property Relone
TrajJic Impact AIIQlysis
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April 27,2010
Page 382 of 487
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Page 6
McMullell Property Re~olle
Traffic Impact Allalysis
Agenda Item No. 8A
April 27, 2010
Page 383 of 487
.
TRIP GENERATION
The PM peak hour of the adjacent street trip generation oftlte proposed development was estimated using
fitted-curve equations, as identified in r,.jp Gelleration (Institute of Transportation Engineers, 7lh edition,
2003). Table 1 summarizes the resulting trip generation estimate.
Table 1. Summary of Trip Generation Estlmlte
ITE llnd U.., Code, end Size
MulU-fllmly (220. IlIed Curve)
Med'ICII Office (720, Filled CUlve)
Tot.,
Unlta
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122 kif
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AM Pllk Hour
11\ Out Total
6 22 27
m M a9J
244 85 330
PM Peak Hour
In Out Tol,1
29 1 44
12l ill ill
131 292 423
As shown in Table 1, 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 A~'D 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 \Vere estimated;
one for residential and the other for office. Using the gravity model and select-zone assignment functions,
project site trip distribution was detennined, as follows;
Office
. to/from the north via Collier Blvd 42 percent
. to/from tbe south via Collier Blvd 23 percent
. to/from the west via Rattlesnake Hammock Blvd 35 percent
Residential
. to/from the north via Collier Blvd 42 percent
. to/from the south via Collier Blvd 18 percent
. to/from the west via Rattlesnake Hammock Blvd 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.
.
nl/dale-Oliver and Associates, l,,~.
389007-00.07 - September 23, 2008
Page 7
McMullen Propel'ty Rezol/ll
TrqfJic Impact Analysis
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April 27, 2010
Page 384 of 487
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Page 8
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McMllllen Property Rezolle
Traffic Impact Alltllysi$
Agenda Item No. 8A
April 27, 2010
Page 385 of 487
.
SCHEDULED~PROVEMENTS
The Collier County 5-year work program was reviewed to identifY committed improvements in the site
vicinity. The work program indicates that Collier Boulevard is scheduled to be widened from 4-1anes to
6-1anes from US-41 to north of the interchange with [-75 in 2008. Additionally, Rattlesnake Hammock
Road from Collier Boulevard to Polly Avenne is currently nndergoing construction to widen it from 4 to
61anes. As part of these two project, improvements will also be constnlcted (turn lanes) at the
intersection of Rattlesnake Hammock Road and Co1\ierBoulevard. The future lane use and traffic control
is illustrated in Figure S. Excerpts of the construction plans are included in Appendix D.
.
[THIS SPACE INTENTIONALLY LEFT BLANK}
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1indale-Olivel' ancl .Associates. blc.
389007-00.07 - September 23, 2008
POgff 9
McMlIllen Properly Rezo'le
Traffic Impact Analysis
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April 27, 2010
Page 386 of 487
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S89007-00.07 - September 23. 2008
Page 10
McMullen Property Rezolle
Trqffic Impact Analysis
"
Agenda Item No. 8A
April 27, 2010
Page 387 of 487
.
STUDY NETWORK IDENTIFICATION
The study network was identified as specified in the TIS guidelines, "Section 8: Significantly Impacted
RoadwayslIntersections." Study roadways were identified 8S those roadways adjacent to the site, or one
link removed where site traffic consumes at least 2% of the adopted service volume and any other links
where site traffic consumes at least 3% of the adopted service volume. The results of the study network
identification are presented in Table 2.
Table 2. Study Network Identification
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As shown in Table 2, traffic from the site is expected to have a "significant impact", along the following
segments:
.
. Collier Boulevard from Rattlesnake Hanunock road to Davis Boulevard
. Rattlesnake Hammock Road from Polly Avenue to Comer Boulevard
These segments were reviewed to determine the availability of capacity based on capacity and volume
infonnation from the latest update of the Collier County AUIR and trip bank infonnarion provided by
County StatT. Traffic volume information provided by County staff is included in Appendix E.
Additionally, a detailed intersection analysis of the intersection of Collier Boulevard & Rattlesnake
Hammock Road was undertaken.
.
Tindale-Oliver a'lI! A$sociates, Inc.
389007-00.07 - S~ptembe,. 23. 2008
Page 1 J
McMullen Property Rtzone
r,.aj}ic Impact A"alysi$
Agenda Item No. SA
April 27,2010
Page 388 of 487
.
TRAFFIC ANALYSIS
The segments which make up the concurrency study network were rcvicwed for the 201~ future
conditions to detennine the availability of capacity based on the latest update ofthe Collier County AUIR
and trip hank infonnation provided by County Staff. The results of this analysis are shown in Table 3.
.
[THIS SP ACE INTENTIONALLY LEFT BLAl\1{}
.
Tim!afe-Oliver and Associates, JIIC.
389007-00.07 - September 23. 1008
Page 12
McMllllell Propeny Rezone
TI'aflic lmpact Anal)1sis
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April 27, 2010
Page 390 of 487
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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:
. 2011 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 Rattlesnake
Hanunock Road widening)
Though Collier County does nol have adopted concurrency standards for intersections, the Collier County
TIS guidelines do state the following as criteria when evaluating the operating conditions of an
intersection:
.
"The dela)' jor IlIdividuallll1'lling-movements and through-movements may exceed the segment
stalldard by one lettel' grade. but not below LOS "E ", provided that the volume/capacity (vie)
/'atiofor the subject movement ,.emaills less thall 01' equal to mle. Average conh'ol delays up to
100 seconds are acceptablejor individual turning movements alld through movements where the
con'espollding v/c ratio is less thall 0.8. ..
Since build-out of the proposed development is anticipated by 2011, traffic volumes were adj\lsted to
reflect 20] I peak season conditions. The growth in existing turning movements, collected 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 illustrates the 2011 PM peak hour, peak season without-project traffic volume estimates
.
Til/dale-O/il'er alld Associates, IlIc.
389007-00.07 - September 23, 2008
Page 14
McMullen PropeJ'1y Rezolle
Traffic Impact A7Ialysis
Agenda Item No. 8A
April 27,2010
Page 391 of 487
.
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, with-project traffic volumes.
Figure 7 illustrates the 2011 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"dale-Oliver and A.ssociates, /1IC.
389007-00.07 - September 23. 2008
PageJ5
McMullell Property Rezolle
Traffic Impact A'lalysis
.
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Agenda Item No. 8A
April 27, 2010
Page 392 of 487
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Tilldale-Oliver a/ld Associates. Illc.
389007-00.07 - September 23, 2008
Pagel 6
McMullell Property Retoll/!
Traffic Impact AI/a lysis
Agenda Item No. 8A
April 27,2010
Page 393 of 487
.
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TIm/ale-Oliver alia Associates. lllc.
389007-00.07 - September 23, 2008
Page 1'1
McMlIllell Property RezO/lt
Traffic !"'pact Allalysis
.
Agenda Item No. 8A
April 27,2010
Page 394 of 487
2011 intersection levels of service were calculated with the latest version of the Synchro software
package (HCM methodology). The signal timings reflected in this analysis were optimized using
Synchro. Worksheets documenting the 2011 with- and without-projecl LOS analysis are included in
Appendix H, and the results are summarized in Tables 4 and S.
Tab11l4. 2011 Future Level of Service Summary (Existing Lanes)
StudY Intersection. ADoroach
Rattlesnake Hmk/CoIlier Blvd eB
we
NB
S8
Overall
2011 Wlthout-Drolect
LOS .Q!l.u ~
F 183.9 1.41
o 35.4 0.00
F 209.4 1.45
E ~ lli
F 164.2 1.42
Table 5. 2011 Future Level of Service Summary (Future Lanes)
.
StudY Intersection, ADcroach
Rattlesnllkll HmklCollier Blvd ee
we
NB
S8
Overall
2011 Wlthout-Drollct
J.Qi Q.!!!l ~
E 65.7 0.91
E 69.4 0.06
C 25.3 0.86
.Q. 21.7 0.76
C 31.2 0.84
2011 With Proler;:t
J.Ql Q!In Y&
F 417.4 2.15
F 690.8 3.38
F 229.3 1.43
E 1Qil j,JJ
F 228.0 2.04
2011 With Prolect
J:Q! DelaY ~
E 69.9 0.92
E 75.7 0.75
o 47.4 0.99
Q 36.8 U!
D 47.6 0.96
As shown in Table 4, under 2011 PM peak hour, with- and without-project conditions, with the existing
lane configuration, the study intersection would experience operations worse than the operational
performance standards specified by Collier County.
However, as shown in Table 5, under 2011 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 perfonnance
standards specified by Collier County.
Using the Synchro/Sim Traffic 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 95111 percentile left turn queue lengths were compared to the storage to be provided post
construction on Collier Boulevard and Rattlesnake Hammock Road (lane lengths were acquired from
construction plans). The turn lane lengths, based on 9511I 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.
.
Tilldale-Oliver QlId Associates, IlIc.
389007-00.07 - September 23. 2008
McMI.llell Property Rezone
Traffic Impact Analysis
Page 18
Agenda Item No. 8A
April 27, 2010
Page 395 of 487
.
Table 6. Queue ADalyals
SynchrolSlm Traffic
Future Storage from 95th percentile
Inter..ctlonlMovement Construction Plens queue (Alllnte,.".")
Rettlesnake Hammock Road f'IJl CR.951
Ealilbovnd Left 560 348
Westbound Left nle 141
Northbound Lefl 450 455
Southbound Lelf 440 119
For the northbound left turn queuing, SimTraffic indicated a 9Slh percentile left turn queue exceeding the
storage lane to be constructed. When observing the simulation, however, the queue never appears to
exceed more than half of the anotted storage. Further observation indicates that this calculation is likely
considering the vehicles that want to tum left that are "trapped" in the northbound though lanes.
However, as the northbound left tum 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 the inside northbound left turn lane having a 95lh percentile queue of
181 feet.
.
Based on these results, it is anticipated that the proposed future left turn storage provides adequate
capacity so that left turning vehicles will not impede the progression of though (critical) movements at the
intersection.
[THIS SPACE TNTENTIONALL Y LEFT BLANK]
.
Tindale-Oliver alld Assoc:iales, ll1e.
389007-00.07 - Seplember 23. 2008
Page 19
McMullen Property R~olle
Traffic Impact Allalysis
Agenda Item No. 8A
April 27, 2010
Page 396 of 487
.
LAND USE TRADE OFF
As noted in the introduction. and presented in this analysis, the MPUD would allow for a maximum of
122,000 square feet of medical office and medical support facilities, as 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 trade-off ratios were determined, such that the land use exchange would not result in
an increase in external trip generation. The trade offwas based on the information presented in Table 7.
Table 7. Land Use Tradeoff Ratio Calculations
KSF KSF
122 0
0 224
.
0 810
DU Trip. KSF (DU/SF)
48 16 0 0
0 0 12 0.26
As shown in the tables above, based on the peak direction of trip generation during the PM peak hour
(outbound), the 122,000 sf of medical office generates the same amount of external 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 for every 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 increased (above 122,000 square feet) in accordance with
the these values, should the developer not constntct the maximum allowable 122,000 square feet of
medical office and medicals support facilities and/or the maximum allowable 48 multi-family dwelling
units; however, in no case shall the commercial square footage exceed 185,000 square feet. Table 8 gives
the lTE trip generation comparison for the three development scenarios discussed above.
Tindale-Olive/' al/d Associates. ble.
389007.00.07 - September 23. 2008
Page 20
McMu/lrm Property Rezone
TrajJlc Impact Analysis
Agenda Item No. 8A
April 27, 2010
Page 397 of 487
.
Table 8. Trip Generation Comparison
ITE Trip Beneratlon estimate
AM Peak Hour PM P..k Hour
ITE Land Use, Code, and Slle Unltl Dally Totll Total
Multi.family (220. Fitted Curve) 48 du 439 27 44
Medical Office (720, Filled Curve) 122 ksf 4,408 ~ illi
Tota' <&.847 330 423
ITE Trip Generation Eltlmatt
AM Peak Hour PM Paak Hour
ITE Lind Use, Code, and Size Unite Dally Total Totel
MulU-family (220, Fitted Curve) 29 du 325 18 34
Medical Office (720, FIUed Curve) 124.6 kaf ~ aQi m
Totll 4,828 327 420
ITI! Trip Oeneratlon Eetlmate
AM Peak Hour PM Peak Hour
ITE Lind Use, Code, and SIze Unite Dally Tot" Total
MurU-family (220, Fllted Curve) 4B du 439 27 44
General OffICe (710, Filled Curve) 185 kaf 2.142 m ill
Total 2,681 314 320
As shown in Table 8, the total (net new) trips for the alternative scenarios do not exceed the total trips for
the analyzed scenario.
.
[THIS SP ACE INTENTIONALLY LEFT BLANK)
.
Tim/ale-Oliver and Associates. blc.
389007-00.07 - September 23,2008
Page 21
McMulllm Property Rezolle
Traffic Impact Analysis
Agenda Item No. 8A
April 27, 2010
Page 398 of 487
.
CONCLUSIONS
The conclusions of this study are as follows;
.
· The Sembler Company proposes to develop 48 dwelling units and 122 ksf of medical 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 capacity analysis have available capacity to accommodate project
traffic,
· Under 2011 with- and without-project conditions, with existing lane use, the study intersection
would operate worse than the perfonnance standards specified by Collier County.
· Widening of Collier Boulevard from US-41 to north ofI-7S is scheduled for 2007. Rattlesnake
Hammock Road widening is currently under construction. This includes intersection
improvements at the Collier BoulevardlRattlesnake Hammock Road intersection.
· Under 201 I 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 turn lane queuing analysis, at the intersection of Collier Boulevard @ Rattlesnake Hammock
Road, revealed that the proposed future left turn storage is anticipated to provide adequate
capacity.
· The analyzed 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 construct the maximwn allowable
122,000 square feet of medical office and medical support facilities andlor the maximwn
allowable 48 multi-family dwelling units; however, in no case shall the commercial square
footage exceed 185,000 square feet
.
Tindale-Oliver ami Associates, II/C.
389007-00.07 - September 23, 2008
Page 22
McMllllel1 Praperl>' Rezolle
Traffic Impact Analysis
Agenda Item No. 8A
April 27, 2010
Page 399 of 487
.
Appendix A
Methodology Correspondence
.
.
Agenda Item No. 8A
April 27, 2010
Page 400 of 487
.
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1't.'lluin'lI1l'lliS of th(' (\111ic'\' County Tl'affk impacl Slurly rluidC'linps ndopted ~lIWll1bl'l' I-!,
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April 27, 2010
Page 401 of 487
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April 27,2010
Page 402 of 487
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Thl' dnil~' Hnd Pl.ak hOl1l" lit' tIll' 1Il1ja('~nt ~ln~...l trip ~I'Ill'I'at iOll of t.lll' plopu:'l'd (k\<'lllflllH'1l1
wapi f'~ljmull.(1 U;;illg Ill... llllt:cl.rurve ('qUiltilllll> for l\ multi fUlllily t!w('lIing unil (Lll(' 2:W).
anrlnll'dil'1l1 llffic'(1 ILU(' ';2U) ll~ idC'lltifi(lcI in 1'tip (;/'IlCTllti()/1 (Institute of TrullfopClrlntillll
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Table 1. SumrnalY of Trip GoneraUon Estimate
lYE Land Uso. Code, and Slzo
Multi-family 48
Medical OfficE' 122
10tal
Unit
do
ksl
AM Peak 1I0uI
Dally In OUI
'"7'3'9""'-~ 0'" 22 .....-.
4,408 239 61.
4,847 244 85
10tal
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330
PM Peak Houl
III Out Total
29 -.-.--- i'5""" ~r--':o",-,
102 277 319
131 292 423
.
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trip ('IHls Pl'l' hmu' (t:-ll inhound, ~H:~ out.ho\lnd) dul'i\lg t h(' PM IJl'ak hOlll' III' luljflO'l\l f'tn't'l
ll'nffic. Trip I!\'lll'l'atillll fUl' till' PM IleaK hOIlI' il': propol<l.d for UtiP in lhil'o lillnly::il'o 1ll'C'illlfa.
I hal t illl(- Pl.rind pl"\)\'id~" fUI' I he \\'ill"st I'a,,'~ trnffi(' :'-1'1'11:11'1\1 I'm Illl' adjol'l'1l1 load\\ a~
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TIll' c1i~lrilmli('n ufpr'ljl'l'I ",ih'llll.ffk wa" l'slimatl'd ba;;pd lI11lJ\ll}Jut oftht, \.('I,.('n\lil"1' ?OO(l
\'u1irlllliun l'Olllpl\ll'l' 11':1\(,1 d('mnnclnllJdl'i with 11 TA~ nuc\t-c\ IiII' 11ll' "ilt" Two ,liffl')'l'lll
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HUnHllari~.I.d lwln\\':
nrl'WI'
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to/from thf' \w;;1 viii Bntt h';;lInkl' II:Ulllllock like!
,I~ IJl'l'l'('nl
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(li;;.lrihlll i\ln
,I
A;. 3
Agenda Item No. 8A
April 27,2010
Page 403 of 487
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Table 2, Significance 1 est - . 0_'.__
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~.! '~,' __ '_~."':.I' --4- __.It,,...,.I,'' )~.Si..li.lw..i"'H"" "~"dlll,.ltb:fl,'."'" ~;.......I. . .....I""'::!';'."":!:'lt,.!~1
:~JJ{'Kf~f~;;- ;~?"i~'-:;:-~'t1=f:j'}~i- r :tit :~,~tmj
H(l:;\l'd ull Ill(' info!'!Hllti{lIllll'l'IHmtl.d on Tahll' 2. flJlIt)\\'in~ \Wn- ilkmilwd 101' l\nal~'~ir:,
.
;\'I(ll."si,~ Segllll'lIls
.\
;" -,1.
Hnttlt";.,nHkl' H:111l11\ Hd frum Polly Av<.' 10 en. HI) I
Cnllit'I' BIlIIIl'VlIl'd from !lad" Blvd to Iblll('"nala.> Hnl11lll Itcl
AlIf//.",,;:; /III"/"oj''l'lill/l
, '
. .
('lllli~!r Boulevard '., Hattll''';llakl' I111I1l111 Hd
J\ rll.ln ill\'l'ntflI'Y (If tIll' :otllrl~' intt'l"';"l.tioll will Ill' ,'ondudNl to clOl'llllwnt tIll' ~t'()l1H'll'i(.~
anti Hl\xilillr~' Illl'l\ "1l1l1l:'nglh~" N(.\\, (II n.('pntly ('llllet'l..d (k's:-.llHm Olll' ~ ('Ill' old) P?\llwlll,
hotii' (4:00 Jl.Il1, ll:IlOI'.IlI.) turning 111O\'l'1ll('nt rO\lnt:' \\'iIl1ll' mwd fill' 111(' int('r,:;('cti'lll
lI11nly"it<. For tlw f;f'gl\1l'lIll\llnIYf;is. VOlUlll('f: pruvidel1 hy (~Ol1il'l' ('oullty frullIllll' AUm will
he' \l!':l'd.
.
. . A- 4
Agenda Item No. 8A
April 27, 2010
Page 404 of 487
.
Tillda\c-{ >!i\(,1' 1\ .\..,..,IH'ifill'S, hII'.
I'h"IlIlH~ :1',01 11::';1;" ..i"
Mr. A'it'1I ('(/~tI'IIll.~/lidLl
t (,!>/"IIary I, 200 I
Pl1~l' :; 1,)1 fl
Bad{gl'ollud IllfOl'llHttion
Cnll it,l' COllllts hm. pn,virk..r1tIH' In();! I'l'C'I'nt ,\ U J H :lnd "'rip blllJk" inlill'll1lltiOlI wld"'l :11'" IIJ
1Jl' lI:wd foJ' hlld\l~l'IJllllIl VOIIlIll\" l!:4inllllion I'llI' thilll'rojl'rt. Hi8tOl'il'ul l'ollntl'llll'cwidl.d h~
ClIlJil'r County lllllY II );';0 11(' uspd for' Ill'owl h f;'l;1 imn t ion.
Additillllally. impl'oVPl11l'nts ill I ht. ('OIJi!'I' County anll F[)()'j' wurk "l"Ogl'all\~ H nIl ('lIpil a 1
Imlll'ovl'mt>lIt ProlCrum willIII' II'\'iI'WI'd. i\ny roadway iIllV1'UVl'111..nlf; l"dwdull'd \\ithill till'
Iii", t hl't'l' ~'c'nr~ of! Ill' fi\'(' ~-I'a r )11'll}!l'I\llIi' will 11(' m,~llllll'cl for t h j,.: IUlnly~i~.
A )ll'dilllil1lll'~' l't'vip\\ illcli('lItl'i' that wirll'ning of Cullit'" Hou)",vanl t\l "ix-Iullf.;:; from Norl h
tll'1-7;") to Hauth WlllnlHl't Vl'iwway il' I'dwtlulc.t1 fur 2{}1l~ rail r.I rllC'1i(\/l, AclditiulIl1l1y
tOIlt'tl'lIl'tiOIl is 1IIlclt'lwa~ along Hal t1l'Ilnakl' Hanllllol.k Hond whirh i:< to wicll'll dll. roIHh\...I~
fwm t \\'0 to l'i\ IIlllt'1' ,
Analysis
.
Sc!t!/Ilcnl AnqLr.sill
\
. \ \
TIlt' jc!t'llI itir.rl rouclwllY ~1'~IlH.nt~ will hl' lIlllllyz(>c! fCIl' thl' 1,(lml PJ\ljwL\k hour, pt'al;
din.ct ion :<C't'nal'io, 'rht. lllllll~::;i:; will hl' 1>l'l'fOI'llll'd using tlw A lllH dntahalw fur ('xi"l inr:
Jllll~ (,{llllmitted ('Hparity (Ell'), h:lC'k~mtlllrl VOllllllPf;. und Ill(' trip hank TIll' 1'(Jad\\f1~'~ will
Ill' nI11l1~'z(.cllll dl'lt'l'lIlilll' if' t Ill' E I C Iwtwtll'k }II'O\'ic\l'l' atll!tlmllt' pc'ak hour. l>I'n" Ilin'~litJlI
tapadt,\' in (I)'dl'l' III IlC'l'f)lllIllClllll\fo 111l' ;.;uhjc'C't ])l'l1jt.('t.
!1l!.QJ:.rr:.li(l1/ .,\II!LIYI~is
Tht' oIHI'uli"Il111 intf'!':-!VI'tilll1 lll\nly:,j" will bt. pt'rfol'llIl'd fill Ilw 1';\1 Pl..ah hOlll' lIdll!.: till'
11I11'r'1 \"'l'~ion of till' S~'Ill'hrfl 1'1"~mlll (1-1 Cl\! i\1l-. h"clul(lg~. J, Thc' i Iltl'n:l'l.t h'll will hI'
anu)Y7.t'd lInch... iif: ,H:"UIlH'c!,'nnl'iftlll'atioll witll Ilw l\lIlil'ip:Hl'd rOlltlwlIY wich'llillg Th\
:\U!R willll(' llH'd for haft. \ 0111 III I', . POI' ~1l(J~llnllll~'5if;, th(' \,()!UllWI' will ht' erowll h:lf;t'd on
infurmatiml pro\"id(>t1 hy tIll' ('()\llll~'.
. .
. \
I,' ': ! ,',
.
. I
A~ 5-
Agenda Item No. 8A
April 27, 2010
Page 405 of 487
TiIHlak-( )li\l'l' K .\s...o('ialt'~~ hH'.
.
jil:lIl1l1l1....'.li..1 I 11.:11", 1111'
Mr. Nh'k ((/.~al(III~llhll1
FebrtlCl/Y I. ,?IJlj '!
PelR" (j II( (,
Closure
Tht' anal.v.,i;; Ilwth(ld()]o~y. linclin~b. and l'('l'OlllllwIHlcl1 inll~ will hI' c1n(~u1l1l'1Jlt,c1 in n )'\')11111.
Hequired l'npi('~ willlw r1i::;t l'ihlllf!d <\/\ appl"Opl'intP.
If yon (~lIlll'Ur with tIll' mt'thuclolol{Y pl<'>f\!'ll' ~jgl\ and }"('1111'11 n COp.\' of t.hi~ If'ttl'" tll nw. If ~'OU
would likt.l.u diSl'lltlS ChHIlj.\l'Il, p]pasl!. ~l.t illlcllU,h with IIll' i1t YOll!' l'arlit'sl C'lll\\'p])if-lll:l',
flinccrcly.
Tindale-Olir'PI' and A!I,'mciatf8, Inc.
, '.
i ,- "t-<) ! !
;, ..
,-V'" ?/l'\"-'
W. T. Bowmnn
TJ'UIlSpOl'llllioll B/lJ;dul.'l'I'
!\ll Arh 1111;'1l1~;
Ll'I'.t'lIl1il'l" Mut\(,ll'rojrrt 1 Ii _II ihlll il'll (:l pag\'s ,. \{,.,;jcknlin) and Oftil'(')
.
('opy;
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In fit,'l'l'C'!lwl1l with I\'h'1hudulop..v:
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Agenda Item No, 8A
April 27, 2010
Page 406 of 487
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Agenda Item No. 8A
April 27. 2010
Page 407 of 487
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Agenda Item No. 8A
April 27, 2010
Page 408 of 487
.
Appendix B
Lee..Collier Select Zone Site Traffic Assignment
.
.
Agenda Item No. 8A
April 27, 2010
Page 409 of 487
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Agenda Item No. 8A
April 27, 2010
Page 410 of 487
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Agenda Item No. 8A
April 27, 2010
Page 411 of 487
.
Appendix C
Site Volume Development
.
.
.
Residential 81
te Distribution (I b
n ound)
Rattlesnake Ham
mock Rd
.
.
~
CD
..
II
Ii
o
o
C - 1
Agenda Item N
Ap 'I 0, 8A
Pa n 27,2010
ge 412 of 487
Realdential Site Distribution (Outbound)
'C
>
CD
..
!
'0
u
Rattlesnake Hammock Rd
B"l>
C-2
Agenda Item No, 8A
April 27, 2010
Page 413 of 487
.
.
.
.
R..I~.nll.1 E>cI....., SIll Ttlp' llnboundl
lIoftlllnl'" ~m,"ock Rd
.
.
Agenda Item No. 8A
April 27, 2010
Page 414 of 487
I
1
'i
u
PIO)IOIIII.
In:
out
Tolo'
28
11
..
C-3
A..ldonllll ElLllmll .Ie Trip. (Outboundl
Rotu..nlko Hlmmook lid
Agenda Item No. 8A
April 27, 2010
Page 415 of 487
.
..
.
i
i
'I
u
Prolee' Sill
1ft
Out
10101
28
1B
404
.
.
C-4
.
Office Site Distribution (Inbound)
Rattl88naka Hammock Rd
.
.
'C
.t
CD
..
.1
7i
(,)
~"l>
C-5
Agenda Item No. 8A
April 27, 2010
Page 416 of 487
Office SIte Distribution (Outbound)
Rattle'hlke Hammock Rd
'C
>
m
..
:!
'0
CJ
~"l>
C-6
Agenda Item No. 8A
April 27, 2010
Page 417 of 487
.
.
.
.
om.. ElMmll 51111llpI (Inbound)
Roftlun.kl H.ollUlto.k Rd
.
.
i.
Agenda Item No. 8A
April 27, 2010
Page 418 of 487
..
.!
al
l
'i
u
Project Silo
In: 1~
Out. 2n
T..., 371
C-7
OIf1c. Ell...... Sk. Tl1pc/OUlboundl
RI\tIHnl1ce Hllllmock Ad
Agenda Item No. 8A
April 27, 2010
Page 419 of 487
.
I
.ii
'ii
u
ProJI'" Sill
11\ 102
eM 2n
To~ 379
.
.
C-8
.
TOIII ElCllmll Silt TripI
~
Roll'""" Hlmmock Ad
~
.
.
lPllf
01
..
'll
...
&
~
C-9
Agenda Item No. 8A
April 27, 2010
Page 420 of 487
~lJE]
Project Silt
In. 131
Out in
TIIII .23
~Oill
Agenda Item No. 8A
April 27, 2010
Page 421 of 487
.
Appendix D
Future Roadway
Improvement Information
.
.
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Agenda Item No. 8A
April 27, 2010
Page 422 of 487
III
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Agenda Item No. 8A
April 27, 2010
Page 423 of 487
.
Appendix E
Collier County Traffic Volume
and Capacity Values
.
.
~
Agenda Item No. 8A
April 27, 2010
Page 424 of 487
. -')
"CITY
~R'M ,..... IIA .yWll't.l.IICh..... ".~ . tl'" .. ~
2~;"MR... v.rtt"l18.. All; ....,.IIt...,..... 1m II DOt IV - "01
'Alrp-'''''' FIlIIIR...,"" ...4-'1 lilt. ~1I1MY1 'NO II "',. .,. 2'113 1017
.....,...t".... G: _or.. Pwtf4r, Rd,A... m. II .... 20' .... '"
I A'~JII.Jd ...e. .... 0............., .it. .. 23Jt ... ..,. "10
. A'rpoI'la... c....,~.....'" lIa" .... tI ,t>> all a'.' m
'1........rr.... ua" 'flI......,...O'W. 'III '0 Jot " ... 1111
'O~'Iil'Pl"nd 0......01./.....1 ,,~..,..........1'lItU...... ,... .0 II' DC "" ...
utltH us'" Ct .'......" III .D '" . ,U It\l
'3 ow..w.... us.. ........A... ~ .. "" 'I' 2'~ 1120
Ui Dr~Iw'....... "."""",14 ........... h1h," a<N '0 - .01 2'" ..
I. Dr/.l. toT' a..-.uu ......".,11 C~'-"IlI'" 2m '0 1110 ~H .... ."
'1 DIN"..,....... e..m,....,.ftt.. IMI..".... IWI Nf UOI lD .... $I, 21'11I 20
,. DHa....,." iaT.II hNrw """,ntI Co' 1M' ...,...4 'llH aD <120 K' ,m .11
t'1Ge'.a....r....,..fI c.. e' ....'....., W...,.....1'o'I"II .150 <D .... m HUt m
l'ru_O",P"""~ us.. 0.....".,'.._"* 21" II .... " "" ""
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20W.",O.."rb.., I,."ittlJlt".d ~n "'. .. *' '" .... ....
2' ......Otl.Pnr..' I." .~ 't4neo.........i .U. II .... lf~ "" tl,1
22 ...,.... GI'. 'fI"Ita., .rta........ .1lI_'IU.... t.' ....,.....rll 'NO .a "10 I., ,.>> ..
JJ ClaMldl-f-tFllC"nf 11Nr1'U..ftn' yr....., a.. Ill... lItO .0 .11 II' 71' 'In
24 ooe~"""t...\"... V.,lln' I.. ""t! ,,'1.14.......... "to .a "16 1TJ ,os, tUJ
J56eH'....."WO\1l:Pl..1ll III,. R4lg. Ru' Gf'.."ar..,~1'J .... II "II au ".. ,Ito
H ...,ct-f'r\..... o*..,er.,nww, LIS" 2100 IE ,... ". .... ,...
".,,"'.w..,.,... ... Id... .N..,.... Ct' .,aw....... ,... .0 ,OO II ... 211
" .........,.C)t.. 1"..A\"..,. """ ,....."... '10 .D ... " ... ...
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Appendix F
Existing Field Data
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Agenda Item No. 8A
April 27, 2010
Page 430 of 487
Int.r..cOon: Collier Boulevard at RaUlesnake HlImmock Road (Total)
Date: January 23, 2007
Sourc.: Tlndale-Oliver and Associates, Inc. (TM & JE)
NorIhbo~1ICl SOIlUIbound E..tbound Weslbgund RAW
IT T I\T LT T FeT LT T RT LT T RT TOTAL
4:00 - 4:15 40 355 1 3 282 55 B6 0 40 0 1 0 84~
4:15.4:SO 44 3115 , 1 262 66 44 0 20 0 0 0 8112
4:30 - 4:45 40 340 , 1 211 73 65 1 24 1 0 1 7113
4:45 . 5:00 44 :\.40 0 2 264 62 68 0 31 0 1 0 802
6:00-11:15 37 348 3 0 247 62 78 0 30 0 1 0 307
5:'5.6:30 57 350 0 2 274 68 58 0 27 0 0 1 828
5:30. 5:45 40 :\.43 0 2 284 58 71 2 36 0 0 0 844
6:45 - s:oo 31 277 0 1 268 49 53 0 32 2 1 0 714
PM PEAl( HOUR 178 1382 3 8 107t 23. 288 2 124 0 2 3282
1
4:45 - 5:45
PEAl< HOUR 0.17
.. - .. - - .. .. - - - - ..
FACTOR
Tind;ole-OIiver ANodelu, Ine.
J:\389007-00.07 Sembler-McMullen Rezone\Counts\Cal:ier@ Ralllesnake Hammoek.lds
F - 1
Agenda Item No. 8A
April 27, 2010
Page 431 of 487
.
Intersection: Collier Boulevard at Ralllesnake Hammock Road (Cars)
O.te: January 23, 2007
Sourc.: Tlndele-ollver and Auocielel. Inc. (TM & JE)
NorthbalJnd SllUlhbound I!!altbound Wealbound RAW
IT T RT IT T RT IT T AT IT T RT TOTAL
4:00 . 4:16 38 326 1 a 2ee 62 D2 0 40 0 1 0 7/Jt
4:16.4:30 43 :\.40 1 1 238 81 4' 0 20 0 0 0 746
4:30. 4:46 40 331 1 1 207 70 82 1 23 1 0 1 73/1
4:46 . 6:00 .... 326 0 2 2611 112 67 0 30 0 1 0 771
6:00.6:'6 ae 331 3 0 238 62 76 0 30 0 1 0 777
6:16.6:30 57 337 0 1 28a 58 58 0 27 0 0 1 a07
5:30. 6:45 40 331 0 2 288 64 .1 2 38 0 0 0 a22
8:45 . 8:00 31 2811 0 1 258 4a 52 0 32 2 1 0 UlI
PM PEAK HOUR
4:46 . 5:48
177
1324
3
5
1051
238
2511
2
123
o
2
3183
PEAK HOUR
FACTOR
0.97
.
.
Tindale.OIlver Aaeocialel, lnc
J:\388001.00.07 Sembler.MtMullen Rezane\Countl\CoIAer G Raldelnake Hammock.x11
F-2
.
.
.
Agenda Item No. 8A
April 27,2010
Page 432 of 487
Intersection: Collier Boulevard at Rattlesnake Hammock Road (Trucks)
D8te: January 23, 2007
Source: linde/a-Oliver and Associates, Inc. (TM & JE)
Nort~bound Soulhbound eastbound We.lbouod RAW
1.T T RT LT T AT LT T RT 1.T T RT TOTAl
4:00.4:15 1 30 0 0 18 3 4 0 0 0 0 0 54
4:15 - 4:30 1 25 0 0 23 .. 3 0 0 0 0 0 54
4:30 - ":"5 0 8 0 0 e 3 3 0 1 0 0 0 25
..:45.5:00 0 15 0 0 8 0 1 0 1 0 0 0 28
5:00 - 5;15 1 18 0 0 e 0 2 0 0 0 0 0 JQ
6:15 - 5;30 0 13 0 1 e 1 1 0 0 0 0 0 22
11:30. 5:45 0 12 0 0 !5 2 3 0 0 0 0 0 22
5:..5 - 6:00 0 11 0 0 e 1 1 0 0 0 0 0 22
PM PEAK HOUR 1 58 1 28 3 :, 1 0 0 8'
0 0 0
4;..5-6:"5
PEAK HOUR 0.83
- - .. - - - -- - - - " -
FACTOR
Tlndale-Oliver AssodeleS. Inc.
J:1389007-00.D7 Sembler-McMullen Rezone\CountslColII.r @ RslUesn8k8 H.mmoc:k.x1s
F.3
'lll~()h' ,..(l\.IVI',h (". f'.~~:(I(:II':II~;
10UO North A!:>I t1f'y Oliv.~
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'AMPfl. FtORIOfl. ::;::I&U2
(81:';) ~::'Iln~(j?
Agenda Item No. 8A
April 27, 2010
Page 433 of 487
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Agenda Item No. 8A
April 27, 2010
Page 434 of 487
.
Appendix G
2011 Background and Future
Volume Development
.
.
-)
Agenda Item No. 8A
April 27, 2010
Page 435 of 487
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April 27, 2010
Page 436 of 487
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Agenda Item No. 8A
April 27,2010
Page 437 of 487
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<:=:Jl100ljJ
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2011 Without Project
0.606
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Agenda Item No. 8A
April 27,2010
Page 438 of 487
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April 27, 2010
Page 439 of 487
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Pro)'.' S'II
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Agenda Item No. 8A
April 27, 2010
Page 440 of 487
0,661
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Agenda Item No. 8A
April 27,2010
Page 441 of 487
.
Appendix H
2011 LOS Analysis Worksheets
.
.
Agenda Item No. 8A
April 27, 2010
Page 442 of 487
. HeM Signalized Intersection Capacity Analysis McMullen Property Rezone
3: Rattlesnake Hammock Road & Collier Blvd 2011 PM Without Project (Existing Lanes)
~ -+ ~ ., +- " "' t I" \. ~ ,.I
_dtnt, .~;;.L. " .. '.. _..&8k,'B!Y;:';!intL;wel&".WBe~WIIlf~;..blE;:.-;"~B&."...&Sh.;....$il,...sea
Lane ConfiguratIons 4 7' 4t'" '" tt 7' 'i tt f
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4,0 4.0 4,0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane UtU. 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 Protected 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 1563
Fit Permitted 0.73 1.00 1.00 1.00 0.05 1.00 1.00 0.06 1.00 1.00
Satd. Flow (perm) 1354 1583 1863 1583 99 3539 1583 104 3539 1583
Volume (vph) 515 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
Adj. Flow (vph) 560 4 261 0 2 1 383 2967 7 12 2059 457
RTOR Reduotlon (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
Tum Type Perm Penn Penn Perm pm+pt Perm pm+pt Perm
Protected Phases 4 8 5 2 1 6
Permitted Phases 4 4 8 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, g (s) 42.0 42.0 42.0 42,0 92.4 86.8 86.8 73.0 71.4 71.4
. Actuated g/C Ratio 0.29 0.29 0.29 0.29 0.65 0.61 0.61 0.51 0.50 0.50
Clearance Time (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) 399 467 549 467 264 2157 965 72 1774 794
vis Ratio Prot 0.00 cO.17 0.84 0.00 0.58
vis Ratio Perm cO.42 0.16 0.00 cO.77 0.00 0.08 0.29
vie Ratio 1.41 0.33 0.00 0.00 1.45 1.38 0.01 0.17 1.16 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
Progression Factor 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 D F F 8 E F C
Approach Delay (s) 183.9 35.4 209.4 98.0
Approach LOS F D F F
_tGtloo.SudlmaIY .. -..
HCM Average Control Delay 164.2 HCM Level of Service F
HeM Volume to Capacity ratio 1.42
Actuated Cycle Length (8) 142.4 Sum of lost time (s) 8.0
Intersection Capacity Utilization 124.2% ICU Level of Service H
Analysis Period (min) 15
c Critical Lane Group
.
2/21/2007
Tindale-Oliver & Associates, Inc.
Synchro 6 Report
H - 1
Agenda Item No. 8A
April 27, 2010
Page 443 of 487
HeM Signalized Intersection Capacity Analysis McMullen Property Rezone .
3: Rattlesnake Hammock Road & Collier Blvd 2011 PM With Project (Existing Lanes)
~ -+ ..... ~ +- -\.. "" t ~ ~ ~ .,'
1:!.i,.. ~f~:
Lane Configurations 4' r' 4' r' " '(' 1i tt r'
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (8) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Utll. 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 Protect8d 0.96 1.00 0.98 1.00 0.95 1.00 1.00 0.95 1.00 1.00
Satd. Flow (prol) 1782 1583 1627 1583 1770 3539 1583 1770 3539 1583
Fit Permitted 0.51 1.00 0.10 1.00 0.05 1.00 1.00 0.06 1.00 1.00
Satd. Flow (perm) 954 1583 183 1583 102 3539 1583 108 3539 1563
Volume (vph) 515 51 240 66 105 124 352 2730 35 66 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
Adj. Flow (vph) 560 55 261 72 114 135 383 2967 36 72 2059 457
RTOR Reduction (vph) 0 0 98 0 0 38 0 0 7 0 0 115
Lane 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 Phases 4 8 5 2 1 6
Permitted Phases 4 4 8 8 2 2 6 6
Actuated Green, G (s) 42.0 42.0 42.0 42.0 90.0 82.0 82.0 73.0 69.0 69.0
Effective Green. 9 (s) 42.0 42.0 42.0 42.0 90.0 82.0 82.0 73.0 69.0 69.0
Actuated g/C Ratio 0.30 0.30 0.30 0.30 0.64 0.59 0.59 0.52 0.49 0.49
Clearance Time (8) 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 55 475 266 2073 927 104 1744 780
vIs Ratio Prot cO.17 cO.84 0.02 0.58
vIs Ratio Perm 0.64 0.16 01.02 0.09 0.74 0.02 0.34 0.29
vlc Ratio 2.15 0.34 3.38 0.20 1.43 1.43 0.03 0.69 1.18 0.44
Uniform Delay, d1 49.0 38.2 49.0 36.5 63.7 29.0 12.3 68.9 35.5 23.0
Progression Factor 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 ($) 578.2 38.7 1165.4 36.8 277.0 225.9 12.3 66.9 123.0 24.8
Level of Service F D F 0 F F B F F C
Approach Delay (s) 417.4 690.8 229.3 104.7
Approach LOS F F F F
Il'It."'..etkil\;aumm~; . .. '" . . ~ . t" . . :./,. :,.,".. .! ',"
""r ,......~.~~~.....-".~ ~,.;,...,.~...,: ~, " -~. . . .
HeM Average Control Delay 228.0 HCM Level of Service F
HeM Volume to Capacity ratio 2.04
Actuated Cycle Length (s) 140.0 Sum of lost time (s) 8.0
Intersection Capacity Utilization 127.0% ICU Level of Service H
Analysis Period (mln) 15
c Critical Lane Group
.
2/21/2007
Tindale-Oliver & Associates, Inc.
Synchro 6 Report
H. 2
Agenda Item No. 8A
April 27, 2010
Page 444 of 487
. Lanes, Volumes. Timings McMullen Property Rezone
3: Rattlesnake Hammock Road & Collier Blvd 2011 Background (Future Lanes)
~ -+ ., +- "'- ~ t ". '... + ./
....
Lane Configurations " ,
Ideal Flow (vphpl) 1900 1900 1900
Storage Length (ft) 0 0 270
Storage Lanes 0 1 1
Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Leading Detector (ft) 50 50 50 50 50 50 50
Trailing Detector (ft) 0 0 0 0 0 0 0
Turning Speed (mph) 9 15 9
Lane Utll. Factor 1.00 1.00 1.00 1.00 0.91 1.00 0.91
Frt 0.850 0.850
Fit Protected 0.950 0.950 0.950
Satd. Flow (prot) 3433 1863 1583 1663 1863 1583 3433 5085 1583 1770 5085 1583
Fit Permitted 0.950 0.950 0.950
Said. Flow (penn) 3433 1863 1583 1863 1863 1583 3433 5085 1583 1770 5085 1583
Right Turn on Red Yes Yes Yes Yes
Satd. 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) 35 35 55 55
Link Distance (ft) 10762 3472 5792 4873
. Travel Time (s) 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 2059 457
Tum Type Prot Perm Prot Perm Pro! Perm Prot Perm
Protected Phases 7 4 3 8 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 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 Split (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 (5) 32.0 32.0 32.0 10.0 10.0 10.0 28.5 99.5 99.5 8.5 79.5 79.5
Tolal Split (%) 21.3% 21.3% 21.3% 6.7% 6.7% 6.7% 19.0% 66.3% 66.3% 5.7% 53.0% 53.0%
Maximum Green (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 (s) 3.0 4.0 4.0 3.0 4.0 4.0 3.0 5.5 5.5 3.0 5.5 5.6
All-Red Time (5) 1.0 2.0 2.0 1.0 2.0 2.0 1.0 2.0 2.0 1.0 2.0 2.0
lead/Lag 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
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
Walk Time (s) 7.0 7.0 7.0 7.0
Flash Dont Walk (s) 36.0 36.0 31.0 31.0
Pedestrian Calls (#/hr) 24 24 24 24
Act Effct Green (s) 25.6 27.4 27.4 6.0 6.0 20.5 97.1 97.1 4.5 75.9 75.9
Actuated g/C Ratio 0.19 0.20 0.20 0.04 0.04 0.15 0.72 0.72 0.03 0.56 0.56
v/c Ratio 0.86 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 Delay 68.2 43.2 6.4 70.0 52.0 65.0 17.4 5.8 17.6 25.4 7.4-
LOS E D A E 0 E B A E C A
J:\3B9007-00.07 Sembler-McMullen Rezone\Synchro\2011 Scenario\RTC 082707\201 Lb9_w_ll!Bly.molt\erilRepl)ll
9/8/2008
Tlndale-Oliver & Associates, Inc.
H - 3
Agenda Item No. 8A
April 27, 2010
Page 445 of 487
Lanes, Volumes, Timings
3: Rattlesnake Hammock Road & Collier Blvd
McMullen Property Rezone
2011 Background (Future Lanes)
.
~ -+~.("+-,~ t,.
~1'I..tQl.iD..;,' L~":;,r;;'. ,. 'Ia};.:; /. en. .' :.IIR;.WlIl!~.iflft:;Wlm".Nali..i(atalf~:~q~efi~,
Approach Delay 49.2 64.0 22.8
Approach LOS D E C
Queue Lenglh 50th (ft) 243 3 0 2 0 168 640 0
Queue Length 95th (ft) #371 13 72 12 7 242 952 7
Internal Link Dist (ft) 10682 3392 5712
Turn Bay Length (ft) 300 190 300 270
Base Capacity (vph) 698 404 547 78 67 603 3638 1134
Starvation Cap Reductn 0 0 0 0 0 0 0 0
Splllback Cap Reductn 0 0 0 0 0 0 0 0
Storage Cap Reductn 0 0 0 0 0 0 0 0
Reduced vie Ratio 0.80 0.01 0.48 0.03 0.01 0.64 0.82 0.01
Int...OUO'.iriJM.... . ..' ..... ..,.... '.:.\ :~':(:F'5:::'.
Arei!l Type: Other
Cycle Length: 150
Actuated Cycle Length: 135.8
Natural Cycle: 100
Control Type: Actuated-UncoordInated
Maximum vlc Ratio: 0.86
Intersection Signal Delay: 25.9 Intersec:tlon LOS: C
Intersection Capacity Utilization 87.4% leu Level of Service E
Analysis Period (min) 15
# 95th percentile volume exceeds capacity, Queue may be longer.
Queue shown Is maximum aftar two cycles.
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22.4
C
10 476 61
36 667 170
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J:\389007-00.07 Sembler-McMullen Rezone\Synchro\2011 Scenario\RTC OB2707\2011_bg_w_I&JmDtum1~fl1eJSl)ll
9/8/2008
Tindale-Oliver & Associates, Inc.
H- 4
Agenda Item No. 8A
April 27, 2010
Page 446 of 487
.
HeM Signalized Intersection Capacity Analysis McMullen Property Rezone
3: Rattlesnake Hammock Road & Collier Blvd 2011 Background (Future Lanes)
~ -+ ~ of- " '" t I"" \. ~ .I
.; ~ e w. .'~ .;.; NB '.,' .R
Lane Configurations 'i" + , ,,, t t " , t ."
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
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
Lane Utll. Factor 0.97 I 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 0.85 1.00 1.00 0.65
Fit Protected 0.95 1.00 1.00 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00
Satd. Flow (prot) 3433 1863 1583 1663 1563 3433 50B5 1583 1770 5085 1583
Fit Permitted 0.95 1.00 1.00 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00
Satd. Flow (perm) 3433 1863 1583 1663 1583 3433 5065 1583 1770 5085 1583
Volume (vph) 515 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
Adj. Flow (vph) 560 4 261 0 2 1 383 2967 7 12 2059 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 Prot Perm Prot Perm Prot Perm Prot Perm
Protected Phases 7 4 3 8 5 2 1 6
Permitted Phases 4 8 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
. Actuated g/C Ratio 0.18 0.23 0.23 0.02 0.02 0.16 0.68 0.68 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 7.5
Vehicle Extension (s) 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) 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 Ratio Perm cO.04 0.00 0.00 0.20
vIe Ratio 0.91 0.Q1 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
Progression 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 44.6 69.6 68.9 60.5 20.8 7.4 102.8 28.7 21.0
level of Service E 0 0 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
Int'MeoUonSurpmew
HCM Average Control Delay 31.2 HCM Level of Service C
HCM Volume to Capacity ratio 0.84
Acluated Cycle Length (s) 143.1 Sum of lost time (s) 12.0
Intersection Capacity Utilization 87.4% leu Level of Service E
Analysis Period (min) 15
c Critical Lane Group
.
J:\389007-00.07 Sembler-McMullen Rezone\Synchro\2011 Scenario\RTC 082707\201 Lb9_ w_IBlJmOIaBD'1l~8JB)ll
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Lanes, Volumes, Timings McMullen Property Rezone .
3: Rattlesnake Hammock Road & Collier Blvd 2011 With Project (Future Lanes)
~ -+ " ~ .- "- ~ t ~ ~ ~ "
L.flIij,""M,~~.~,;,::-:,,"'I'Jf:' ~0;"';i,~"'_..VVl5.lll&:~. Nm. SS\i, . ftl$D
Lane~Config~~~t;~~~"'" "".' " to' ~ ~".~. {' (~.. .,,' t t yf'~ ,"'+' I' ~
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
Storage 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 (ft) 50 60 50 50 SO SO 50 50 50 50 50 50
Trailing Detector (ft) 0 0 0 0 0 0 0 0 0 0 0 0
Turning Speed (mph) 15 9 15 9 15 9 15 9
Lane Uti!. 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
Satd. Flow (prat) 3433 1863 1583 1770 1863 1583 3433 5085 1563 1770 5085 1683
Fit Permitted 0.950 0.950 0.950 0.950
Satd. Flow (perm) 3433 1863 1583 1770 1863 15B3 3433 5085 1583 1770 5085 1583
Right Turn on Red Yes Yes Yes Yes
Satd. Flow (RTOR) 2.61 75 26 300
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) 35 35 55 55
Link Distance (ft) 10762 3472 5792 4873
Travel Time (I) 209.6 67.6 71.8 60.4
Volume (vph) 515 51 240 66 105 124 352 2730 35 66 1694 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 55 261 72 114 135 383 2967 38 72 2059 457
Lene 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 8 5 2. 1 6
Permitted Phases 4 8 2 6
Detector Phase. 7 4 4 3 e a 5 2. 2. 1 6 6
Minimum Initial (6) 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 Spilt (8) 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 Spilt (s) 31.0 28.0 28.0 19.2 16.2 16.2 25.8 91.8 91.8 11.0 77.0 17.0
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 (5) 27.0 22.0 22.0 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 (5) 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
Vehicle 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
Walk Time ($) 7.0 7,0 7.0 7.0
Flash Dont Walk (5) 36.0 36.0 31.0 31.0
Pedestrian Calle (#lhr) 24 24 24 24
Act Effct Green (5) 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 g/C 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.B3 0.49
Control Delay 82,0 54.2 9.9 81.2 96.2 48.8 72.3 45.0 6.4 135.1 36.5 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
Totel Deley 82.0 54.2 9.9 81.2 96.2 48.8 72.3 45.0 6.4 135.1 36.5 10.0
LOS F D A F F D E D A F 0 B .
9/13/2007 Synchro 6 Report
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April 27, 2010
Page 448 of 487
.
Lanes, Volumes, Timings McMullen Property Rezone
3: Rattlesnake Hammock Road & Collier Blvd 2011 With Project (Future Lanes)
~ -+ .. . +- " ~ t ,. \,. + .I
~.nt QriUli.'.::..;l:;',.:~:. .:,II.b il.,~:.iU ,.,WBL~;;..Wl'.EWJ~ ., N.H', .~,:~~;; NIB.: . SSt: SST iliA
Approach Delay 58.8 72.9 47.7 34.6
Approach LOS E E 0 C
Queue Length 50th eft) 280 46 0 69 111 57 188 1019 5 71 625 91
Queue Length 95th eft) #384 92 84 121 #211 #146 247 #1171 21 #172 691 185
Internal Link Dist eft) 10682 3392 5712 4793
Turn Bay Length (ft) 500 190 450 300 450 240
Base Capacity (vph) 618 341 503 176 153 198 501 2991 942. 83 2487 927
Starvation Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 0
Splllbsck Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 0
Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0 0 0
Reduced vIe Ratio 0.91 0.16 0.52 0.41 0.75 0.68 0.76 0.89 0.04 0.87 0.83 0.49
1!ltiluAtlOn SummilrY ,'.. ......' :t. \ 1/," :_~?;g7'0'l,':~,;,
, ... ,"'. . '~ ~4l,'J ~ ....,.-.... ',',~,
Area Type: Other
Cycle Length: 150
Actuated 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 of Service E
Analysis Period (min) 15
# 95th percentile volume exceeds capacity. queue may be longer.
Queue shown is maximum after two cycles.
3: Rattlesnake Hammock Road & Collier Blvd
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HeM Signalized Intersection Capacity Analysis McMullen Property Rezone .
3: Rattlesnake Hammock Road & Collier Blvd 2011 With Project (Future Lanes)
~ ~ . .f +- '- ~ t t' \. ~ ./
~L_. ~,~ . ., iilr . IIl1t '11li'WlIii'''Wllm?WE:'''!iI.tHI1; ..,. . SB\k;.: Iff . eFt.
Lane Configurations '\'1 r . . ,,'"'' . ~,. t..' flit"A','1 "ttt.. ~;., ,,"'>"t .~ .... ..~
Ideal 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 4.0 4.0
Lane Utll. Factor 0.97 1.00 1.00 too 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 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85
Fit Protected 0.95 1.00 1.00 0.96 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00
Satd. Flow (prot) 3433 1863 1583 1770 1863 1583 3433 5085 1683 1770 5085 1583
Fit Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 1.00
Satd. Flow (perm) 3433 1863 1583 1nO 1863 1583 3433 5085 1583 1770 5085 1583
Volume (vph) 515 51 240 66 105 124 352 2730 35 66 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
Adj. Flow ("ph) 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 48 72 114 88 383 2967 27 72 2059 304
Tum Type Prot Perm Prot Perm Prot Perm Prot Perm
Protected Phases 7 4 3 8 5 2 1 6
Permitted Phases 4 8 2 6
Actuated Green, G (8) 26,4 25.3 25.3 11.2 10.1 10.1 21.8 84.3 84.3 7,0 69.5 69,5
Effective Green, 9 (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 g/C 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
Clearanee Time (s) 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 (IS) 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
vis Ratio Prot cO.16 0.03 0.04 eO,06 0.11 cO.58 0.04 cO.40
vis Ratio Perm 0.03 0.04 0.02 0.19
vie Ratio 0.92 0.16 0.17 0.54 0.75 0.52 0.76 0.99 0.03 0.87 0.S3 0.39
Uniform Delay, d1 60,4 51.4 51.4 66.6 67.1 65.8 61.3 30.4 12.9 70.7 32.8 24.1
Progression 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
Incremental Delay, d2 19.7 0.2 0.3 4.4 19.1 3.5 6.S 14.8 0,1 56.5 3.3 1.5
Delay (6) 80.1 51.6 51.7 71.0 86.2 69.3 68.1 45.2 12.9 127.2 36.1 25.6
Level of Service F D 0 E F E E 0 B F D C
Approach Delay (6) 69.9 75.7 47.4 36.8
Approach LOS E E D 0
Intel'lO(:llrm S,ummtfY
HCM Average Control Delay 47.8 HCM Level of Service 0
HCM Volume to Capacity raUo 0.98
Actuated Cycle Length (5) 149.3 Sum of lost time (8) 16.0
Intersection Capacity Utilization 87.8% ICU Level of Service E
Analysis Period (mln) 15
c Critical Lane Group
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Queuing and Blocking Report
2011 With Project (Future Lanes)
Intersection: 3: Rattlesnake Hammock Road & Collier Blvd. '"telVsl #1
PM Peak Hour
9/1312007
Intersection: 3: Rattlesnake Hammock Road & Collier Blvd. l"telVal #1
Mov!"M,nt' ,.. . NB SEl.. sa. s..:/',$.:~,IIf".'.
Directions Served R L T T T R
Maximum Queue (ft) 15 113 413 493 523 286
Average Queue (ft) 4 84 298 314 278 101
95th Queue (ft) 14 120 433 474 454 222
Link Distance (ft) 4810 4810 4810
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Dist (ft)
Storage Blk Time (%)
Queuing Penalty (veh)
MW.e1fiIIftl" '.. "." .
.,' ;......,. ".
Directions Served
Maximum Queue (ft)
Average Queue (ft)
95th Queue (ft)
Link Distance (ft)
Upstream Blk Time (%)
Queuing PenaRy (veh)
Storage Bay Dist (ft)
Storage Blk Time (%)
Queuing Penalty (veh)
I.B 1i1~:';'U~', .e,~ ..Wi;:i ',~1;:-',wa,i~;'.NIi-:,: . !!it: . ;Ui,:,:';filii">,~;N8
L L T R L T R L L T T T
179 175 65 85 153 111 126 184 484 1124 1086 872
138 143 27 64 72 59 BO 129 200 736 685 582
182 195 68 99 153 115 146 191 402 1197 1079 861
10686 10686 10686 3368 3368 57395739 5739
500
190 450 450
14 18
50 6
.~;", ",. ., " " , . '.
300
450
240
o
o
5
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Queuing and Blocking Report
2011 With Project (Future Lanes)
Intersection: 3: Rattlesnake Hammock Road & Collier Blvd, Interval #2
Agenda Item No. 8A
April 27, 2010
Page 451 of 487
PM Peak Hour
9/13/2007
Mov.fft.nt:'~~}:i1f~~~'~L.".~"M.~.II.~~.:,: ~iI.~~~~;' :"_r';1f~L_hi;, ;B: L~' \'VIr... .~'..:,:,_d:::. '~:lb11I~,: HB.;
Directions Served L L T R L T R L L
Maximum Queue (ft) 374 388 63 221 127 388 216 175 485
Average Queue (ft) 261 275 36 85 76 268 161 135 265
95th Queue (ft) 381 388 71 163 12>4 417 264 182 494
Link Distance (ft) 10686 10686 10686 3368 3368
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bey Diat (ft) 500 190 .0150 450
Storage Blk Time (%) 33 14
Queuing Penalty (veh) 44 16
Intersection: 3: Rattlesnake Hammock Road & Collier Blvd, Interval #2
Nil
T
855
681
878
5739
. :NI
T
758
680
800
5739
..N!
T
738
579
806
5739
17
7
Mlitiilh :, :,:>.:'.~:/
Directions Served
Maximum Queue (ft)
Average Queue (ft)
95th Queue (ft)
Link Distance (ft)
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Olst (ft)
Storage Blk Time (%)
Queuing Penalty (veh)
:;.:.;:.NB.,':II!i'~<"Sl.v.~i.la~;:llr'<m;~;,':.,<<.l.' , ..
I,. ."' ", .,...\.., ,III,.. .,. ..~... , _"',....' i:'.x:....,";~ "~".)',..~.,,.....~~.......' .,..~:".,'
R L T T T R
19 114 605 466 526 266
9 60 425 360 340 179
22 107 515 433 422 330
4810 4810 4810
300
450
240
o
1
12
47
,. ': .,\:. ,.....'J ;.... "', ... .. :. 'f.~" .
4
3
8
37
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. Queuing and Blocking Report PM Peak Hour
2011 With Project (Future Lanes) 9/13/2007
Intersection: 3: Rattlesnake Hammock Road & Collier Blvd, All Intervals
Movement Eel. Em is E~. .WI. .WS" .WI ,NB N8: Nt NB Ne
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 Distance (ft) 10686 10686 10686 3368 3368 5739 5739 5739
Upstream Blk Time (%)
Queuing Penalty (veh)
Storage Bay Disl eft) 600 190 450 450
Storage Blk Time (%) 16 7 13 18
Queuing Penalty (veh) 22 8 49 7
Intersection: 3: Rattlesnake Hammock Road & Collier Blvd, All Intervals
.Movement. . NB sa sa se, se .S6..
Directions Served R L T T T R
Maximum Queue (ft) 19 114 605 493 526 266
Average Queue (ft) 6 72 361 337 309 140
95th Queue (ft) 19 119 517 467 456 291
Link Distance (ft) 4810 4810 4810
Upstream Blk Time (%)
. Queuing Penalty (veh)
Storage Bay Cist (ft) 300 450 240
Storage Blk Time (%) 2 7 0
Queuing Penalty (veh) 1 29 0
Nework Summary
Network wide Queuing Penalty, Interval #1: 77
Network wide Queuing Penalty, Interval #2: 155
Network wide Queuing Penalty, All Intervals: 116
.
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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. 8A
April 27, 2010
Page 454 of 487
TABLE OF CONTENTS
1.0 BACK GROUN D ...................... ................ ..... ................. ......... ..... ..... ......................... ..... 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 CONC LUSIONS............. ........................ .................................. ........................... ........... 19
4.0 SITE ASSESSM ENT............... ...... ..... ........... .......... .......... ........ ........... ........................ 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
CON DITIONS OF THE REPORT...... ........... ......................... ....................... ............................ 29
RESTRICTION UPON DISCLOSURE AND USE................................................................... 32
COPYRIGHT, TRADEMARK AND LEGAL DiSCLAIMER.................................................... 33
TERMS AND CONDITIONS OF USE...................................................................................... 34
fISII(N)
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a.a
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Agenda Item No. 8A
April 27, 2010
Page 455 of 487
Introduction
o Sembler Family Partnership # 42, Ltd. ("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 185,000 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. 48 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 Dwelling Units integrated into a mixed use
building containing residential 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);
@ 2009 Fishkind & Associates, Inc., All Rights Reserved.
3
Agenda Item No. 8A
April 27, 2010
Page 456 of 487
6. General Contractors-Residential Buildings, Other Than Single-Family
(Group 1522);
7. General Contractors (Group 1521);
8. General Warehousing and Storage, for use by contractor/builder
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 Special Trade Contractors, Not Elsewhere Classified (Group 1799);
25. Title Abstract Offices (Group 6541); and
26. Title Insurance (Group 6361).
B. 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;
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f&IKIND
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....
1\:: @ 2009 Fishkind & Associates, Inc., All Rights Reserved.
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Agenda Item No. 8A
April 27, 2010
Page 457 of 487
b) Parking facilities, including parking garages accessory to permitted uses;
c) Caretaker's residence accessory to commercial development;
2. Lumber and Other Building 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 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,
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."
*** 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 contractor/builder
construction trades occupants.
**** Limited to a maximum of 92,500 building 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.
FISHICItO
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Agenda Item No. 8A
April 27, 2010
Page 458 of 487
1.2 TASK PLAN
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.
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Agenda Item No. 8A
April 27,2010
Page 459 of 487
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.
o 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
o 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.
o 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.
o 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
o 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
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Agenda Item No. 8A
April 27, 2010
Page 460 of 487
status. The data are separated by non-professional office space, Class A office
space, and medical/professional office space.
o 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 SQFT 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 Employee 23.70 9.23
Medical/Professional SOFT 258,876 16,283
Daytime Employment 161,992 19,367
SQFT per Employee 1.60 0.84
Total Office SQFT 4,899,840 307,635
Daytime Employment 161,992 19,367
SQFT per Employee 30 16
Source: Collier County Property Appraiser; Fishkind & Associates, Inc. I-Site Census-based Demographics
Package
o Through our analysis, the Consultant has determined 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.
o 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.
o 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 OCR codes. The following OCR codes
correspond to the office category above;
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Agenda Item No. 8A
April 27,2010
Page 461 of 487
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.
o
Located below is the conclusion for office demand.
Exhibit 2.1.2
'~f<Wf.l'?;.;fli 2008 ;~';>:;';... 2010 li'i;;;;.;\ 2015 I..i;;;;i: 2020
5-Mile Population 70,319 70,096 76,751 84,652
5-Mile Employment 19,367 19,306 21,138 23,315
5-Mile Population over 65 20,800 20,734 22,703 25,040
Office Demand (sqft) 585,802 583,947 639,385 705,206
Office Supply (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 185rOOO 185,000 185,000
Surplus/Deficit (SOFT) with
Proposed Project 93,167 91,312 146,750 212,571
Potential Supply
o 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.
o 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 DRI's through 2006. Located below
is the result of our findings.
FlSHKIND
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Agenda Item No. 8A
April 27, 2010
Page 462 of 487
Use __ Built through 2!lO6
Commerical! 2,556,7
Office 1,082,431 !
-----~----------_....^.-----{
Hotel 680,939 I
TotaL___~___~/l09 l
DRI uses built through 2006
. Commerical . Office III Hotel
o As we can see from the chart, the commercially zoned land built in DRl'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
o 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.
o In 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.
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Agenda Item No. 8A
April 27, 2010
Page 463 of 487
o 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.
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Est.
Buildout .< < ........ . . ........ Est Space
and/or Approved Developed. Remaininc Vacant or
Sunset. Commerical Commerical Commerical Under OffIce Retail
Radius and PUD Name Status Date SQFT SQFT SQFT Construction Allocation Allocatloll
1 Mile 924,000 335,446' S88,SS4 . 147,139 347,247
EDISON VILLAGE Active 200S 54,000 54,000 13,500 31,860
NAPLES LAKES COUNTRY CLUB Active 2006 110,000 S9,SOO SO,SOO 12.62S 29,795
HAMMOCK PARK COMMERCE CENTER Active 2005 160,000 160,000 40,000 94,400
SIERRA MEADOWS (EX) Active 2007 260,000 260,000 65,000 153,400
COLLIER REGIONAL MEDICAL CENTER Active 2008 340,000 275,946 64,054 16,014 37,792
3 Miles 1,627,500 466,237 1,161,263 155,000 290.316 685,145
SHADOW WOOD Active tbd 10,000 . 10,000 . 2,SOO ... 5,900..
WINDING CYPRESS Active 20053()!000 130;oooJ 7.500.. 17,7(X).
-E.Q~_ES!~.LE~ ~_ OF N_~P_I,5~___.___,_Act~__2()()ll---i__1(X)..PlXl________...;_~lXl'()()()~_.___~.____35LOOO____59,()()()..;
~~L.Y.~~KES ~E!i\le__2.~__l12,~_____L_.!..12.S'OO i 28.!-125 __6_6,3~5J
c-SfiOPP.E~_~I?t.NTA BARBARA ___A_ct.!ll~__~lXl~_L15O!.CJ!lO____ 3,215._.~46'78?L____-.l6,_6~___86'60~-,
FREESTATE Active . 2013 i 1SO,000 . -! 150,000 ! - i 37.500 . 88,500 ;
--W"ESTPORT cOMMERCEcrNTE~--Acti;~---2ocii-!-255,OOO:-ll1,881 ! - 33:119-1145,~8:2S0._'--19~540 1
'LEL.YRESORT Acti-;'~-2025--r-82D.Ooo:-i4i:i4ii578:859 ! iO,""OOo!1.i4.715-;--341,5271
5 Miles 5,632,991 833,804' 4,799,187 4,000 . 1,199,797 . 2,831,520
ZONE Active 2008 6.840 6.840 1,710 4,036
LOCH RIDGE Active 2007 7,000 7.000 1.7SO 4,130
LANDS END PRESERVE Active 2008 10,000 10,000 2.500 5,900
PARKWAY PROMENADE Built Out 2002 12,000 12.000 1,000
PARKWAY PLACE Sunset 2003
PARKWAY CENTER Sunset 2003
MICELI Sunset 2003
GALlMAN OLDS DEALERSHIP Active 1996
LAKE AVALON Built Out 1998
COLONADES AT SANTA BARBARA Active 2009
GREEN HERON Active 2005
LELY SQUARE Built Out 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 2002
VI NCENTIAN Sunset 2006
EAST GATEWAY Sunset 2006
TAMIAMI CROSSING Active 2013 235,000
1-75/ALlIGATORAllEY Active 2009 265.000
GOLDEN GATE COMMERCE PARK Active 2010 270,000
COLLIER BLVD. MIXED USE COMM. CNTF Active 2010 270,000
ARTESA POINTE** Active 2008 325,000
TOUGATE 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 remainc45,OOOsqft is existing and vacant
** Developed with a 200,000 +/- sqft Walmart
22,290
31,110
35,000
41,000
46,850
61,000
73,000
85,000
91,136
96.165
22,290
31,110
35,000
41.000
4,119
61,000
3,761
85.000
1,000
7,778
8,750
10,250
1,030
15,2SO
940
21.250
42,731
1,000
69,239
91,136
1.000
96,165
24,041
8,626
235.000
256.374
270,000
270,000
125,000
332,030
3,788
2,926,000
6,549,004
58.750
64,094
67,SOO
67.SOO
31,250
83,008
947
731,SOO
1,63~,251
200,000
16,570
371,212
o 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
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Agenda Item No. 8A
April 27, 2010
Page 464 of 487
18,355
20,650
24,190
2,430
35,990
2.219
50,150
56.737
138,6SO
151,261
159.300
159,300
73,750
195,898
2,235
1.726,340
3,863,912
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Agenda Item No. 8A
April 27, 2010
Page 465 of 487
o
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 +/- 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
o
1 The Dictionary of Real Estate Appraisal, Fourth Edition @ 2002, Appraisal Institute
a: @ 2009 Fishkind & Associates, Inc., All Rights Reserved.
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Agenda Item No, 8A
April 27, 2010
Page 466 of 487
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.
o
Located below we have estimated the potential office allocation for each radius
identified above.
Radius COM TOT COM DEV Re~ainingOffice Allocation
Al'oundSite 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 5,632r991 833,804 4,799,187 1,199,797
Grand Total 8,184,491 1, 635,48lf 6, 549,0Q4 1,637,251
o
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 commercial 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.
o
o
o
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Agenda Item No. 8A
April 27, 2010
Page 467 of 487
1 924,000 335r446 588,554 147,139 100.0% 147,139
3 1,627,500 466,237 1,161,263 290,316 50.0% 145,158
5 5,632,991 833,804 4,799,187 1,199,797 1.0% 11,998
Grand Total. 8,184,491 1,635,482 6,549,004 1,637,251 304,294
o 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
o 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.
o 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.
o 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.
o 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.
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Agenda Item No, 8A
April 27, 2010
Page 468 of 487
2.2 Fee Simple Housing
o 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.
o 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 Unit 2.03 2.03 2.03 2.03
Estinated Housing Unit Demand 0 (39) 3,239 7,132
Proposed Maximum Units 0 48 48 48
Surplus/DefICit (Units) Vllith Proposed
Project 0 (87) 3,191 7,084
Source: I-Site Census-based Demographics Package
2.3 Senior Housing Facility
o 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.
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Agenda Item No. 8A
April 27, 2010
Page 469 of 487
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
o 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.
o 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.
o 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 government-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 (CCRe) is a community which offers several levels of assistance,
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Agenda Item No. 8A
April 27, 2010
Page 470 of 487
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).
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Agenda Item No. 8A
April 27, 2010
Page 471 of 487
3.0 Conclusions
o 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.
o 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
ii.: ...... i::... ..:i:i. ,.::.: 2008 I (tili,.\:.,:. 2010 :::/,:H: 2015 \~j:.l 2020
Office Demand (sqft) 585,802 583,947 639,385 705,206
Office Supply (sqft) -307.635 -307,635 -307.635 -307.635
Surplus/Deficit (sqft) 278,167 276,312 331,750 397,571
Proposed Office 185,000 185,000 . ." 185,000 I 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.
o 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.
o 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
FJSHaNI)
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19
Agenda Item No. 8A
April 27, 2010
Page 472 of 487
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.
o 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.
o 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.
o 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
o 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.
FJSII()N)
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20
Agenda Item No. 8A
April 27, 2010
Page 473 of 487
Exhibit 4.1.1
FLN 00417760001
CALC ACRE 19.32
USE CODE 99
CLASS_CODE 0
MILL AREA 39
SEC 14
TWP SO
RNG 26
LAND_VAL_A $ 1,198,700
TOTAL TAXE $ 1,283,113
NAME_1 SEMBLER FMLY PRTRNSHP #42 LTD
NAME 2 5858 CENTRAL AVE
CITY ST PETERSBURG
STATE FL
ZIP_CODE 33707
PLUS 4 1728
14 SO 26 Sl/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 DATEl 20060321
SALE_OR 2 4002
SALE_PG 2 1563
SALE AMT_2 $ -
SALE_OAT 1 20050921
SALE OR 3 3895
SALE_PG_3 868
SALE_AMT 3 $ 107,700,000
SALE DAT_2 20040909
SALE OR3 3639
SALE_PG 4 2301
SALE_AMT 4 $ 4,600,000
Source: Collier County Property Appraiser and Tax Collector, March 2009
Located on the following page is a map showing the location of the proposed McMullen MPUD.
FISHKINP
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21
Agenda Item No. 8A
April 27, 2010
Page 474 of 487
Legend
WJ ActivityCenter7
_ SubjecCSite
FISHIOND
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22
Agenda Item No. 8A
April 27, 2010
Page 475 of 487
Schedule of Proposed Uses
COMMERCIAL INTENSITY IS LIMITED TO 185,000 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:
4. 48 DWELLING UNITS AND 122,000 SF OF MEDICAL OFFICE;
5. 29 DWELLING UNITS AND 124,600 SF OF MEDICAL OFFICE;
6. 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.
@ 2009 Fishkind & Associates, Inc., All Rights Reserved.
23
Agenda Item No. 8A
April 27, 2010
Page 476 of 487
4.2 Site Assessment
Location
o 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
teliJ
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~..' '?ll,{ c;.f
.. "1 . \~:.. . :. .. \
\~~fY \\~'~J
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\~. -..J'~. '~~"l"<' .... .... ..
\"'\~'.-1.-. ..< ('f
'G\.,.. \ , 17.':-~ . ,J(
\~..'c''\.,~'.' 'J'.~.\~~Gv.'.....'.~...~...
\\<;~."" .J) ............
\\\ \\'\.~,~..2: ~
\.\'i\!~<\DY. )
<.\t,~~_./',\~ db
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~ ActivityCenter7
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o 5Mffe_Bull'e
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24
Agenda Item No. 8A
April 27, 2010
Page 477 of 487
o 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.
o The location of the project is positively influenced by its close proximity to a
regional hospital, which significantly enhances its development potential.
o 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
o 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
o 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.
Fl!HKJN)
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25
Agenda Item No. 8A
April 27,2010
Page 478 of 487
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.
ASHICJM)
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Agenda Item No. 8A
April 27,2010
Page 479 of 487
Exhibit 5.2.1
Historical Residential Resale Data for Collier County
2000 $400
1800 $350
1600
$300
1400
$250
1200
1000 $200
800 $150
600
$100
400
200
$50
o
$0
....."l:t.....o.....-.:r,....O'f""fv.......01"""l"l:t
OOO...-looO.....OOO'l""'tOO
OOOO..........'f""'I.....NNNNmt'l')
00000000000000
00000000000000
NNNNNNNNNNNNNN
S~~~SB~~SB~~S~~~SB~~SB
m"l:t"l:t~"l:t~~~~~~~~"""''''''''''''''''''''~~~~m
0000000000000000000000
0000000000000000000000
NNNNNNNNNNNNNNNNNNNNNN
- Sum of SF Resales
~AverageofRESALE MED $SQFT DETACHED
- Sum of Condo Resales
~Average of RESALE MED $SQFT ATTACHED
o 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.
o 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.
o 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.
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Agenda Item No. 8A
April 27, 2010
Page 480 of 487
Exhibit 5.2.2
Historical Residential New Sale Data for Collier County
2000 $1.200
1800
$1,000
1600
1400
$800
1200
1000 $600
800
$400
600
400
$200
200
0 $0
~~~o~~~o~~~o~~~o~~~o~~~o~~~o~~~o~~~o"
oOO...-t 00 0 '1""4 0 00 l""'l 0 0 0 l""'l 0 0 0 l""'l 0 00...-1 0 00'f""l 000...-4 000"'" 0
o 0 0 0 '"" " l""'l ot-I N N N N t"t'I ""' m t't'I ~ "=" "l:t -.:t LI"J LI"J III an (,0 \D !J) \.D ,.... ....... ,.... ,...., co 00 co 00 m
0000000000000000000000000000000000000
0000000000000000000000000000000000000
NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN
- Sum of SF New Sales
- Sum of Condo New Sales
........ Average of NEW MED $SQFT DETACHED ____ Average of NEW MED $SQFT AiTACHED
o 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.
o 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.
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28
Agenda Item No. 8A
April 27, 2010
Page 481 of 487
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.
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29
Agenda Item No. 8A
April 27, 2010
Page 482 of 487
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. Data 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 Development Department 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.
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30
Agenda Item No. 8A
April 27,2010
Page 483 of 487
15. The consultant has obtained data regarding building permits for single family and
multifamily products from the Collier County Planning Department. 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
Developer 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.
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Agenda Item No. 8A
April 27, 2010
Page 484 of 487
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
FISI<<IN)
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32
Agenda Item No. 8A
April 27,2010
Page 485 of 487
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, Inc. 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. Possession of these materials does not carry with it
the right of publication thereof or to use the name of in any manner without first obtaining the prior written
consent of Fishkind & Associates, Inc. No abstracting, excerpting. or summarization of these materials
may be made without first obtaining the prior written consent of Fishkind & Associates, Inc. These
materials are not to be used in conjunction with any public or private offering of securities or other similar
purpose where they may be relied upon to any degree by any person without first obtaining the prior
written consent of Fishkind & Associates. Inc. These materials may not be used for purposes other than
that for which they are prepared or for which prior written consent first has been obtained from Fishkind &
Associates, Inc.
Disclaimer
THE INFORMATION IN "THE REPORT" IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. The materials and information
provided in "THE REPORT' 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.
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33
Agenda Item No. 8A
April 27, 2010
Page 486 of 487
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 Demand 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
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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 expressly provided in these Terms of Use,
nothing contained herein shall be construed as conferring any license or right, by
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rights. User agrees that the Information and THE REPORT are protected by
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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,
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6.) Remedies for Violations. Company reserves the right to seek all remedies available
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7.) Modifications to Terms of Use. Company reserves the right to change these Terms
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34
Naples DaU,News · Suncla'i ,l\IIarCh 28, 2010 .~ 25D
. . ;:==:~::::;:::::::=,,?::::::::,~=::,=:~:~:::::;,,:,-:.:::;~~=::::==~:::.:::~ ~:0:.:~~~
NOTICE OF INTENT TO CONSIDER ORDINANCE
. \
. Notice is hereby given that on Tuesday, April 13, 2010, in the Bl,)ardroorn. 3rd. Floor,
. Administration Building, Collier County Govemment. Center, 3301 . East. Tamiami
Trail, Naples. Florida, .the Board of. Co~nty ~ommissioners will. co~ider the !!"a~.
ment of a County Ordln~nce. The meeting Will comm,:nce at 9:00 A.M: The title Of "
th~ proposed Or~nance IUS follows: . .. ...:C:" .
. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS of COLLlERCOUN-'
TY. FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COL. ..
L1ERCOUNTY LAND DEVELOPMENT CODE' WHICH INCLUDESTHE.COMP.REHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED AREA OFCO\JJERCOUNTYi.
fLORIDA, BY AMENDING THE APPROPRIATE ZONING ATIASMAPOI\MAPS; BY
. CHANGING THE ZONING CLASSIFICATION OF THE HEREINDESCRI~EDREAl PROPER-
TY FROM RURAL AGRICULTURAL (A) ZONING TO MIXED-USE PLAtIINEl) , UNIT. DE-
VELOPMENT (MPUD) TO BE KNOWN AS MCMULLEN'MPUD FORA MIXED-USE DE.
VELOPMENT WITH A MAXIMUM OF 185,000 SQUARE FEET OF COMMERCIAL, GEN.
ERAllY LOCATEP ONE-HALF MILE EAST OF COLLIER BOULEVARD (CR 951) ON RAT-
TLESNAKE-HAMMOCK ROAD EXTENSION. -IN SECTION 14, TOWNSHIP. 50 SOUTH,
RANGE 26 EAST. COLUER COUNTY" FLORIDA. CON51STlNG OF 1 9.32+1~ ACRES; AND '
BY PROVIDING AN EFFECTIVE DATE. ' . " " . ... ... ,">,
Petition: PUDZ-2oo7-AR-11320, Sembler Family Partnership #4~ refresented.. by.....,
Robert Mulhere, AICP of RWA, Inc., and R. Bruce Anderson. esquire 0 Raetzel and
Andress, requesting a rezoning from Rural Agriculture (Jli) zoning to Mixed;.Use...
Planned Unit Development (MPUD) to be known as McMullen .MPUD.The 19.32.
. acres Rura! Agri~,!uralzoned site Is pr~Posed to permit a mixed-use devti"lopmer:rt:
. The rezomng. pem.lon allows for a maximum of 1B5.ooo square .f~ of commercial
development. The subject, property is generally located one-halfmile'.east of Collier
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, Collier County, Florida.'... :',:
. , "
Copies of the proposed Ordinance are on file with. the Oerk tojhe BOard and are
available for inspection. All interested parties are invited to attend al]d be heard.
.. ..... . . .... ... '."Ii'., . .
NOTE: All persons wishing to speak. on any agenda item mustr~gi~r with the
County administratorrrior to presentation of the agenda item~.t6'~ addressed.
Individual speakers wil belimltedto 5 minutes on any Item. Theseli!ctipn of an in-
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 -'nay be allotted
10 minutes tospeakon an item. . ,'. .... .' .,'
Persons wishiilg to have written or gra'phic materials included in~tle Board agenda
packets must. submit said material a minimum of 3 weeks. prior to the .respective
public hearing. In any case, written materials intended to b~ considered by the
Board shall be submitted to the appropriate CountY' staff a minimumofseven days
-prior to the public hearing. All material used in presentatioris before the Board
will become ap'ermanent part of the record.. . ~,.,.. ., :,'.:
. , '.,' -:.' :' '- '. :.. -' -'-:",. ". ". - .:)." .; ", ":<" ...:,'~,.,:
Any person who decides to appeal a decision of the Board Vliill'need a recordofth~'
proceedings pertaining thereto and therefore. may need to ensure that a verbatim .
record of the proceedings is made. which record includes the testimony and evi-
dence upon whICh the appeal is based.
If you are a person with a disability who needs any accommodation in order to par-
tiapate in this proceeding, you are entitled. at no cost to you, to the provision of
, .tertainassistanc. e... p. lease contact the Collier c.ounty Facilities Management Depart-
merrt. located. ~t3301 Tamianri Trail East, BuildinQ W, Naples. Aoricfci 34112,
. (239)2$2-8380. Assisted listening devices for the heanng impaired are available in
the County Commissioners' Office..
BOARD OF COUNTY COMMISSIONERS
COLLiER.COUNTY, FLORIDA .
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK. CLERi(
By: Teresa Polaski. DeputyClerk
(SEAL) . .
March 28 2010
"c;c...
:.f\"
No1844H18
-t:o
Agenda Item No. 8A
April 27, 2010
Page 487 of 487