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Agenda 11/12/2019 Item # 9A (Courthouse Shadows, LLC)11/12/2019 EXECUTIVE SUMMARY Recommendation to approve by Ordinance the KRG Courthouse Shadows, LLC Small-Scale Amendment to the Collier County Growth Management Plan, Ordinance 89 -05, as Amended, and to Transmit to the Florida Department of Economic Opportunity. (Adoption Hearing) PL20180003659-CPSS-2019-1. (This is a companion to Agenda Item 9.B) OBJECTIVE: For the Board of County Commissioners (Board) to approve (adopt) the proposed small - scale Growth Management Plan (GMP) amendment for transmittal to the Florida Department of Economic Opportunity. CONSIDERATIONS: The subject petition is submitted as a small-scale comprehensive plan amendment. As such, per Florida Statutes, the request is heard only once by the Collier County Planning Commission (CCPC) and the Board. If approved by the Board, the petition is transmitted to the Florida Department of Economic Opportunity (DEO). This petition seeks to amend the Future Land Use Map (FLUM) inset map for Mixed Use Activity Center #16 to depict the affected 10-acre area, and the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) text within the Future Land Use Element (FLUE) to revise provisions regarding the uses and density allowed within the affected area, for a site located off-frontage, south of the intersection of Tamiami Trail East, (US 41) and Airport-Pulling Road South, and south and east of Peters Avenue, in Section 12, Township 50 South, Range 25 East. These ten acres comprise a portion of the 20.35-acre Courthouse Shadows Planned Unit Development (PUD). The map and text proposed for change by this amendment is depicted on Ordinance Exhibit A. More specifically, the petitioner proposes to amend the B/GTRO provisions to allow a residential density increase of 12.8 dwelling units per acre (DU/A) or 128 DUs; these DUs are limited to rental apartments only and to the 10-acre portion of the PUD that is the subject of this GMP amendment petition. Density allowances already existing in the FLUE would allow an additional 172 DUs, for a total of 300 DUs, within that portion of the Courthouse Shadows PUD proposed to allow mixed uses via the companion PUD amendment (PUDA) petition. The FLUE does not limit these 172 DUs to apartments - they could be single family or multi-family, rental or fee simple ownership - but the companion PUDA does. As the subject site is presently zoned commercial, which has no assigned residential density, none of the proposed density is an entitlement. Refer to the table below. FLUE Provision Density GMP Amendment 12.8 DU/A x 10 acs. = 128 DUs Mixed-Use Activity Center density 4 DU/A x 18.8 acs. within PUD proposed for 75 DUs Bayshore/Gateway Triangle Redevelopment 97 DUs Overlay density bonus pool SUM 300 DUs Per Chapter 163.3187, Part II, Florida Statutes, limitations are in place for this type of small-scale amendment, as identified below, followed by staff comments [italicized in brackets]. (1) A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. [The proposed amendment pertains to a 10-acre property.] (b) The proposed amendment does not involve a text change to the goals, policies, and objectives of 9.A Packet Pg. 31 11/12/2019 the local government’s comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section. [This amendment involves text changes that relate directly to site-specific Future Land Use Map changes.] (c) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05( 1). [The subject property is not within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. [The amendment preserves the internal consistency between and among GMP elements.] FINDINGS AND CONCLUSIONS: Based on the review of this petition, including the supporting data and analysis, staff makes the following findings and conclusions. More analysis is provided in the Staff Report to the CCPC. •The site is currently zoned CPUD and developed with a 30-year-old commercial shopping center. The entire Courthouse Shadows PUD is designated Mixed Use Activity Center Subdistrict on the FLUM, which allows and encourages mixed use dev elopment, and lies within the boundaries of the Bayshore/Gateway Triangle Redevelopment Overlay, an area where numerous incentives promote redevelopment projects. •The site lies within the South US 41 TCEA (Transportation Concurrency Exception Area), an area where it may require employment of Transportation Demand Management (TDM) strategies to reduce traffic impacts. •The site also lies within the Coastal High Hazard Area (CHHA). However, the companion PUDA includes mitigation, and both US 41 East and Airport-Pulling Road South are hurricane evacuation routes. •The site is proximate to major employment opportunities, goods and services, and public transit. •Analysis indicates that projected population growth provides sufficient demand for market- based apartments. •At the macro level at which a GMP amendment is reviewed, staff is of the opinion that the proposed GMP amendment is compatible with surrounding properties. The companion PUDA petition will need to address specific compatibility measures. •No issues regarding impacts upon potable water, wastewater collection and treatment or solid waste collection and disposal services have been identified, nor concerns for impacts upon other public infrastructure. •The proposed GMP amendment has no effect on the requirements of the Conservation and Coastal Management Element (CCME), and there is no action or design required by Policy 12.2.6 beyond that which is already required by existing regulations (regarding sanitary sewer facilities within the CHHA). •People attending the Neighborhood Information Meeting expressed a strong consensus that developing the property needs to take both vehicular and pedestrian traffic and safety into consideration. 9.A Packet Pg. 32 11/12/2019 •A companion PUDA petition has been submitted concurrent with this GMPA petition to permit 300 market rate rental apartments. Approval of this amendment, and the companion PUDA, would allow the subject property to develop with any one or more of the commercial uses already permitted, or with a mixed use (commercial-residential) project. •A commitment will be fulfilled through the companion PUDA to provide contact phone number(s) to the public for 24-hour responses to their concerns during the construction of the residential component of the project. This commitment may also include the period during the demolition of the commercial building(s). FISCAL IMPACT: Petition fees account for staff review time and materials, and for the cost of associated legal advertising/public notice for the public hearings. No fiscal impacts to the County result from approval of this petition. GROWTH MANAGEMENT IMPACT: Adoption of the proposed amendment by the Board and its transmittal to the Florida Department of Economic Opportunity will commence the Department’s thirty- (30)-day challenge period for any affected person. Provided the small-scale development amendment is not challenged, it becomes effective thirty-one (31) days after Board adoption. LEGAL CONSIDERATIONS: This Growth Management Plan (GMP) amendment is authorized by, and subject to the procedures established in, Chapter 163, Part II, Florida Statutes, the Community Planning Act, and by County Resolution No. 12-234, as amended. The Board should consider the following criteria in making its decision: “plan amendments shall be based on relevant and appropriate data and an analysis by the local government that may include but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue.” 163.3177(1)(f), FS In addition, s. 163.3177(6)(a)2, FS provides that FLUE plan amendments shall be based on surveys, studies and data regarding the area, as applicable including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of non- conforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The need to modify land uses and development patterns with antiquated subdivisions. i. The discouragement of urban sprawl. j. The need for job creation, capital investment and economic development that will strengthen and diversify the community’s economy. And FLUE map amendments shall also be based upon the following analysis per Section 163.3177(6)(a)8.: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use consider ing the 9.A Packet Pg. 33 11/12/2019 character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. This item is approved as to form and legality. It requires an affirmative vote of four for approval because this is an Adoption hearing of the GMP amendment. [HFAC] STAFF RECOMMENDATION TO THE COLLIER COUNTY PLANNING COMMISSION: That the CCPC forward petition PL20180003659/CPSS-2019-1 to the Board with a recommendation to adopt and transmit this small-scale amendment to the Florida Department of Economic Opportunity. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition at their September 19, 2019 meeting and voted [6/0] to forward petition PL20180003659/CPSS-2019-1 to the Board with a recommendation to approve for adoption and transmittal to the Florida Department of Economic Opportunity. One public speaker expressed concerns about how stormwater outfall will be handled into Henderson Creek but that is a more appropriate matter for consideration with the companion PUD amendment. STAFF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS: Same as to the CCPC ‒ to adopt and transmit petition PL20180003659/CPSS-2019-1 to the Florida Department of Economic Opportunity. Prepared by: Corby Schmidt, AICP, Principal Planner, and David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section, Zoning Division, Growth Management Department ATTACHMENT(S) 1. Adoption Staff Report CPSS-19-1 CCPC_FNL1 (PDF) 2. Ordinance - 080819(2) (PDF) 3. [Linked] Adoption Application_Petition Courthouse Shadows (PDF) 4. Legal Ad - Agenda ID 10160 (PDF) 5. This item needs to be numbered on the Agenda before companion Zoning Petition 101095 (TXT) 9.A Packet Pg. 34 11/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Doc ID: 10644 Item Summary: ***This item was continued from the October 22, 2019 BCC meeting.*** Recommendation to approve by Ordinance the KRG Courthouse Shadows, LLC Small -Scale Amendment to the Collier County Growth Management Plan, Ordinance 89-05, as Amended, and to Transmit to the Florida Department of Economic Opportunity. (Adoption Hearing) (Coordinator Corby Schmidt, AICP, Principal Planner) (This is a companion to Agenda Item 9.B) Meeting Date: 11/12/2019 Prepared by: Title: Planner, Senior – Zoning Name: Marcia R Kendall 10/23/2019 7:43 AM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 10/23/2019 7:43 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 10/23/2019 9:36 AM Growth Management Department David Weeks Additional Reviewer Completed 10/23/2019 10:08 AM Growth Management Department James C French Deputy Department Head Review Completed 10/23/2019 4:01 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/28/2019 10:13 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 10/28/2019 4:50 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/29/2019 8:33 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/29/2019 8:37 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/29/2019 4:02 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/03/2019 10:30 AM Board of County Commissioners MaryJo Brock Meeting Pending 11/12/2019 9:00 AM 9.A Packet Pg. 35 Agenda Item 9.A.2 ‒ 1 ‒ CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center #16 in the FLUE S TAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: September 19, 2019 SUBJECT: PETITION PL20180003659 / CPSS-2019-1, SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT [ADOPTION HEARING] (Companion to PL20180003658, Courthouse Shadows PUDA) ELEMENT: FUTURE LAND USE ELEMENT (FLUE) PETITIONER/OWNER/AGENTS: Petitioner/Owner: Mark S. Jenkins, Sr. V.P., for KRG Courthouse Shadows, LLC 30 South Meridian Street, Suite 1100 Indianapolis, IN 46204 Agent: D. Wayne Arnold, AICP Richard D. Yovanovich, Esq. Q. Grady Minor & Associates, PA Coleman Yovanovich & Koester, PA 3800 Via Del Rey 4001 Tamiami Trail North, Suite 300 Bonita Springs, Florida 34134 Naples, Florida 34103 GEOGRAPHIC LOCATION The subject property comprises ten (10) acres and is located off-frontage, south of the intersection of Tamiami Trail East, (US 41) and Airport-Pulling Road South, and south and east of Peters Avenue, in Section 12, Township 50 South, Range 25 East. The subject property makes up a portion of the larger Courthouse Shadows Commercial Planned Unit Development (a companion PUD amendment (PUDA) petition would change this to a Mixed Use PUD) (±20.35 acres), and lies within both the Mixed Use Activity Center Subdistrict #16 and the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO). (East Naples Planning Community) The 10-acre site is depicted with a diagonal striped pattern on the Activity Center #16 map excerpt on the next page. 9.A.1 Packet Pg. 36 Attachment: Adoption Staff Report CPSS-19-1 CCPC_FNL1 (10644 : Courthouse Shadows) Agenda Item 9.A.2 ‒ 2 ‒ CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center #16 in the FLUE REQUESTED ACTION This petitioner seeks to amend Mixed Use Activity Center #16, US 41 and Airport-Pulling Road, in the FLUE Future Land Use Map Series of the Growth Management Plan (GMP), affecting ten (10) or fewer acres, by amending the: 1) FLUM inset map for Mixed Use Activity Center #16 to depict the affected 10-acre area, 2) Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) text to revise provisions regarding the uses and density allowed within the affected area. Both the amended map and Overlay language proposed by this amendment are found in Ordinance Exhibit “A”. [Note: Though the amendment text in petition materials differs from that in the Ordinance, the density is the same and the petition agents have seen and approved of the Ordinance language.] PURPOSE AND DESCRIPTION OF AMENDMENT The petitioner proposes amended Overlay provisions that allow a residential density increase of 12.8 dwelling units per acre (DU/A) or 128 DUs; these DUs are limited to rental apartments only and to the 10-acre portion of the PUD that is the subject of this GMP amendment petition. Additional density allowances already existing in the FLUE would allow an additional 172 DUs, for a total of 300 DUs, within that portion of the Courthouse Shadows PUD proposed to allow mixed uses via the companion PUDA petition. The FLUE does not limit these 172 DUs to apartments – they could be single family or multi-family, rental or fee simple ownership – but the companion PUDA does. As the subject site 9.A.1 Packet Pg. 37 Attachment: Adoption Staff Report CPSS-19-1 CCPC_FNL1 (10644 : Courthouse Shadows) Agenda Item 9.A.2 ‒ 3 ‒ CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center #16 in the FLUE is presently zoned commercial, which has no assigned residential density, none of the proposed density is an entitlement. Refer to the table below. FLUE Provision Density GMP Amendment 12.8 DU/A X 10 acs. = 128 DUs Mixed Use Activity Center density 4 DU/A x 18.8 acs. within PUD proposed for mixed use = 75 DUs Bayshore/Gateway Triangle Redevelopment Overlay density bonus pool 97 DUs SUM 300 DUs STAFF ANALYSIS FUTURE LAND USE DESIGNATION, ZONING AND LAND USE: Subject Property: The subject property, which comprises approximately 10 acres, is currently designated Urban Mixed Use District, Mixed Use Activity Center Subdistrict, which generally provides for concentrating commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed-use in character [including the full array of commercial, residential, institutional, hotel/motel, community facilities, and other land uses] developed at a human-scale, to be pedestrian-oriented, and to be interconnected with abutting projects. This property also lies within the boundaries of the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO), and the Coastal High Hazard Area (CHHA). It is zoned the Courthouse Shadows CPUD, and developed with a commercial shopping center. (The entire Courthouse Shadows CPUD lies with the Mixed Use Activity Center #16, the B/GTRO, and the CHHA.) Surrounding Lands: The Collier County Government Center, including the Collier Area Transit station, is across US 41 East to the north, and a Walmart store lies to the east across US 4 1 East. A shopping center lies within ½ mile to the southeast and northwest, as well as several strip centers and individual buildings containing retail, restaurant, office and personal service uses. North and East: The Future Land Use Map designates land north and east of the subject property, across US 41 East, as Urban Mixed Use District, Mixed Use Activity Center Subdistrict; this land is within the boundaries of Mixed Use Activity Center #16. Generally, the governmental properties to the north lie within the boundaries of the B/GTRO and the CHHA, while those commercial properties to the north lie outside the Overlay. Land nearer Airport-Pulling Road South is zoned Collier County Government Complex PUD and is developed with the County’s Main Administrative Facilities. Land further south and east along US 41 East is zoned C-5, General Commercial, and is developed with a major commercial retailer. 9.A.1 Packet Pg. 38 Attachment: Adoption Staff Report CPSS-19-1 CCPC_FNL1 (10644 : Courthouse Shadows) Agenda Item 9.A.2 ‒ 4 ‒ CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center #16 in the FLUE South: The Future Land Use Map designates land lying south of the subject property, across College Court, and across Henderson Creek, as Urban Mixed Use District, Urban Coastal Fringe Subdistrict and within B/GTRO. Generally, properties to the southwest lie within the boundaries of the B/GTRO and the CHHA, while those properties to the southeast, across US 41 East, lie outside the Overlay. These areas are zoned C-3, Commercial (BMUD R-1), RSF-4, Residential Single-Family (BMUD R-1), and are developed residentially. West: The Future Land Use Map designates land immediately west of the subject property as Urban Mixed Use District, Urban Coastal Fringe Subdistrict and within the B/GTRO and the CHHA; areas are also within the boundaries of Mixed Use Activity Center #16. These areas are zoned RMF-6, Residential Multi-Family (BMUD R-1), and RSF-4, Residential Single-Family, and are developed residentially. A small number of properties fronting US 41 East, and west of the subject property across Peters Avenue, are zoned C-3, Commercial (GTMUD MXD), and developed as such. In summary, the subject property lies along the transitional US 41 East corridor ‒ the existing and planned land uses, and current zoning, in the area to the north and east of the subject property are primarily commercial and institutional, while in the area to the south and west of the subject property are primarily residential. Criteria for GMP Amendments in Florida Statutes The data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically as listed below. Identification and Analysis of the Pertinent Criteria in Florida Statutes, Chapter 163.3187, to Qualify as a Small-Scale Comprehensive Plan (GMP) Amendment: The process for adoption of small-scale comprehensive plan amendment requires (in part) the following statutory standards be met, [followed by staff analysis in bracketed text]. (1) A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer. [The amendment pertains to a 10-acre property.] (b) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government’s comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section. [This amendment involves text changes that relate directly to site-specific Future Land Use Map changes.] (c) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the 9.A.1 Packet Pg. 39 Attachment: Adoption Staff Report CPSS-19-1 CCPC_FNL1 (10644 : Courthouse Shadows) Agenda Item 9.A.2 ‒ 5 ‒ CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center #16 in the FLUE Administration Commission pursuant to s. 380.05(1). [The subject property is not within an Area of Critical State Concern.] (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. [The amendment preserves the internal consistency between and among GMP elements.] Section 163.3177(1)(f), Florida Statutes: The process for adoption of a comprehensive plan amendment requires (in part) that plan amendments shall be based upon relevant and appropriate data and an analysis by the local government, (f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government that may include, but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. 1. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys, data, and supporting documents for proposed plans and plan amendments shall be made available for public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be clearly based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. 2. Data must be taken from professionally accepted sources. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated. However, the evaluation may not include whether one accepted methodology is better than another. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. 3. The comprehensive plan shall be based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research or generated by the local government based upon a professionally acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. Absent physical limitations on population growth, population projections for each municipality, and the unincorporated area within a county must, at a minimum, be reflective of each area’s proportional share of the total county population and the total county population growth. 9.A.1 Packet Pg. 40 Attachment: Adoption Staff Report CPSS-19-1 CCPC_FNL1 (10644 : Courthouse Shadows) Agenda Item 9.A.2 ‒ 6 ‒ CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center #16 in the FLUE Section 163.3177(6)(a)2. Florida Statutes: The process for adoption of a comprehensive plan amendment requires (in part) that plan amendments shall be based upon surveys, studies and data regarding the area, 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy. j. The need to modify land uses and development patterns within antiquated subdivisions. Section 163.3177(6)(a)8., Florida Statutes: The process for adoption of a comprehensive plan map amendment [which this is] requires (in part) that plan amendments shall be based analyses of the availability of facilities and services, the suitability of the plan amendment for its proposed uses, and of the minimum amount of land needed to achieve the goals and requirements of the existing subdistricts, overlays and special designations , within which land use programs and activities are ultimately directed. (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. 9.A.1 Packet Pg. 41 Attachment: Adoption Staff Report CPSS-19-1 CCPC_FNL1 (10644 : Courthouse Shadows) Agenda Item 9.A.2 ‒ 7 ‒ CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center #16 in the FLUE c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. It is incumbent upon the petitioner to provide appropriate and relevant data and analysis to address the statutory requirements for a Plan amendment, then present and defend, as necessary, that data and analysis. BACKGROUND, CONSIDERATIONS AND ANALYSIS Subject Property History Includes: (1) Collier County adopted the Growth Management Plan, which included the Mixed Use Activity Center Subdistricts (MUAC), in 1989. From its inception, the MUAC concept allowed and encouraged mixed use development. The site was also seaward of the Coastal Management Boundary, predecessor to the Coastal High Hazard Area (CHHA). (2) Collier County approved a rezone petition for 20+ acres to establish the CDC aka Collier PUD in 1985 to allow commercial development – appears to be C-3 uses plus hotel (unspecified square feet; hotel limited to 156 units). The existing shopping center, anchored by a grocery store, was built in 1988, per Collier County Property Appraiser GIS data. Outparcels were developed at different times. (3) The CDC PUD was rezoned to Courthouse Shadows PUD in 1992 to allow 147,000 square feet of C-3 uses. (4) Collier County adopted the Bayshore/Gateway Triangle Redevelopment Plan in early 2000 and adopted the Bayshore/Gateway Triangle Redevelopment Overlay (B/GTRO) in the FLUE in late 2000. Both encompassed the Courthouse Shadows PUD. (5) In the mid-2000s, the South US 41 Transportation Concurrency Exception Area (TCEA) was adopted in the Transportation Element; it encompassed the Courthouse Shadows PUD. Development in the TCEA may require employment of Transportation Demand Management (TDM) strategies. (6) At some point, the County approved a small expansion (±0.25 acres) of the PUD to add land along Peters Street, and to increase the permitted floor area to 165,000 square feet of C-3 uses. Appropriateness of the Site and the Change: Mixed Use Activity Centers in Collier County encourage and provide for residential development in mixed-use settings. The size and location of the site is appropriate for redevelopment adding a residential component. The site is proximate to major employment opportunities, goods and services, and public transit – both within and outside of the Activity Center. The Collier County Government Center, including the Collier Area Transit station, is across US 41 East to the north, and a Walmart store lies to the east across US 41 East. A shopping center lies within ½ mile to the southeast and northwest, as well as several strip centers and individual buildings containing retail, restaurant, office and personal service uses. 9.A.1 Packet Pg. 42 Attachment: Adoption Staff Report CPSS-19-1 CCPC_FNL1 (10644 : Courthouse Shadows) Agenda Item 9.A.2 ‒ 8 ‒ CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center #16 in the FLUE The site is also within the Bayshore/Gateway Triangle Redevelopment Overlay, an Overlay specifically created to encourage redevelopment. The existing shopping center in the Courthouse Shadows CPUD is almost completely vacant. Though the site lies within the CHHA, mitigation is provided (via the companion PUDA petition) as requested by Bureau of Emergency Services (BES); both US 41 East and Airport-Pulling Road South are emergency evacuation routes; and, for lower intensity storm events, the BES typically encourages shelter-in-place for residents in well-built structures (e.g. concrete block structures built to current Code requirements). The site is also within the South US 41 Transportation Concurrency Exception Area (TCEA). This area may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures established in Policies 5.5 and 5.6 of the Transportation Element. Meyers Research prepared a Rental Apartment Needs Analysis (January 2019) as part of the supporting data & analysis submitted with GMPA application materials. The Meyers Research analyzes the [specific] need for market rate rental apartments, revealing that a healthy apartment market is evidenced by rental rates for market-based apartments that steadily increased from the beginning of 2011, by several projects at lease-up stage, and by market rate rental apartments historically hovering near full occupancy rates. The Analysis indicates that the projected population growth provides sufficient demand for market-based apartments, with the ability to absorb from 7,055 (2020) to 7,490 residents (2022). At the macro level at which a GMP amendment is reviewed, staff is of the opinion that the proposed GMP amendment is appropriate for the site. The companion PUDA petition to implement the subdistrict provisions will need to address specific compatibility measures. These could include maximum building height; landscape buffers, preserve area location, and open space; building locations and minimum setbacks; building massing and orientation. Environmental Impacts: The subject property is 10 acres of the parent Mixed Use Activity Center #16 and the site is developed with a shopping center. It is not designated as being located within a County Wellfield Protection Area, but is located in the CHHA. Policy 12.2.5 of the Conservation and Coastal Management Element (CCME) defines the CHHA. The CHHA boundary is generally depicted on the FLUE’s Countywide Future Land Use Map and is more precisely shown in the Future Land Use Map series. CCME Policy 12.2.6 requires “all new sanitary sewer facilities in the CHHA be flood proofed, and be designed to reduce leakage of raw sewage during flood events to the maximum extent practicable.” This policy applies to “structures or systems designed for the collection, transmission, treatment, or disposal of sewage” and encompasses both on-site (and typically privately owned) and off-site (publicly owned, in the right-of-way and on County owned lands) facilities. Notwithstanding the objective under which this policy lies, this policy is not limited to public infrastructure – it also applies to private infrastructure. 9.A.1 Packet Pg. 43 Attachment: Adoption Staff Report CPSS-19-1 CCPC_FNL1 (10644 : Courthouse Shadows) Agenda Item 9.A.2 ‒ 9 ‒ CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center #16 in the FLUE As it applies to the proposed small-scale GMPA, there is no action or design required by this policy beyond that which is already required by Collier County, FDEP and possibly other agencies. Turrell, Hall & Associates, Inc. prepared an Environmental Due Diligence Report (amended to January 2019) as part of the supporting data & analysis submitted with GMPA application materials. The Due Diligence Report provides a preliminary site assessment and document research in evaluating the proposal, indicating: ▪ Wetland permitting will be limited to the relocation or improvements to the stormwater outfall structure from the development to the Creek. ▪ If docks are proposed, then additional state and federal permitting will be required for the docks. ▪ A gopher tortoise relocation permit may be required if the burrow observed remains active and the proposed redevelopment impacts the area within 25 feet of where the burrow is located. ▪ Redevelopment will likely require native habitat preservation for the Cou nty, which would result in a conservation easement over at least 25% of the shoreline mangroves (assuming they are not within the existing drainage easement). Staff reviewed the Report and determined these evaluation remarks do not directly impact Comprehensive Planning findings. The companion PUDA petition will need to address specific compatibility measures.] Traffic Capacity/Traffic Circulation Impact Analysis, Including Transportation Element Consistency Determination: Both US 41 East and Airport-Pulling Road South are emergency evacuation routes; and, for lower intensity storm events, BES typically encourages shelter-in-place for residents in well-built structures (e.g. concrete block structures built to current Code requirements). The site is also within the South US 41 Transportation Concurrency Exception Area (TCEA). This area may be exempt from transportation concurrency requirements, so long as impacts to the transportation system are mitigated using the procedures established in Policies 5.5 and 5.6 of the Transportation Element. JMB Transportation Engineering, Inc. submitted a Traffic Impact Statement (revised to April 2019). [Review comments from Transportation Planning staff were not received with regard to the TIS generally, nor to the specific issues of how project traffic engineers are addressing pedestrian traffic issues, including 9.A.1 Packet Pg. 44 Attachment: Adoption Staff Report CPSS-19-1 CCPC_FNL1 (10644 : Courthouse Shadows) Agenda Item 9.A.2 ‒ 10 ‒ CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center #16 in the FLUE with the Collier Area Transit station, across US 41 East; the impacts of US 41 East and Airport-Pulling Road South serving as emergency evacuation routes; and, TCEA transportation concurrency requirements.] Public Facilities Impacts: The petitioner submitted a Public Facilities Analysis, dated June 18, 2019 (Exhibit V.E). Staff reviewed the Analysis and provide the following [bracketed] remarks: • Potable Water and Wastewater Treatment Systems: The subject property lies within the City of Naples Potable Water Service Area and the Collier County Water-Sewer District. [System capacity is confirmed at the time of development permit (SDP or PPL) review, and a commitment to provide service will be established upon permit approval.] [Eric Fey, P.E., Senior Project Manager Public Utilities Department] • Solid Waste Collection & Disposal: The solid waste disposal service provider is Collier County Solid Waste Management. The 2018 AUIR notes that the County projects no landfill capacity issues [nor does the pending 2019 AUIR]. • Stormwater Management System: The Facilities Analysis indicates stormwater retention and detention will comply with the SFWMD requirements, and, with County standards for basin [stormwater] discharge rates. • Park and Recreational Facilities: [A full analysis of impacts to Community or Regional Parks and Recreation Facilities is not provided.] The analysis simply states that parks and recreational facilities are not adversely impacted by the “creation of the subdistrict”, going on to state that the associated multi-family residential development “will pay park impact fees to mitigate their impacts”. [Review comments from Parks & Recreation staff were not received with regard to the lack of an analysis of parks and recreational facilities’ impacts.] • Schools: [A full analysis of impacts to schools and school facilities is not provided.] The analysis simply states that school facilities are not adversely impacted by the “creation of the subdistrict”, going on to state that the associated multi-family residential development “will pay school impact fees to mitigate their impacts”. [Review comments from Collier County School District staff were not received with regard to the lack of an analysis of schools and school facilities’ impacts.] • Emergency Medical (EMS) and Fire Rescue Services: The subject property is located within the Greater Naples Fire and Rescue District, who’s collocated EMS/fire station 22 is located at 4375 Bayshore Drive, approximately 1.0 mile to the southwest. No adverse impacts to these safety services result from the proposed development. NEIGHBORHOOD INFORMATION MEETING (NIM) SYNOPSIS A Neighborhood Information Meeting (NIM) required by LDC Section 10.03.05.F. was [duly advertised, noticed and] held, jointly for this small-scale Growth Management Plan amendment petition and companion PUD amendment petition, on May 7, 2019, 6:00 p.m. at the Naples Botanical Garden Buehler Auditorium meeting facilities, located at 4820 Bayshore Drive, Naples. Approximately thirty-five people other than the application team and County staff attended. 9.A.1 Packet Pg. 45 Attachment: Adoption Staff Report CPSS-19-1 CCPC_FNL1 (10644 : Courthouse Shadows) Agenda Item 9.A.2 ‒ 11 ‒ CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center #16 in the FLUE Wayne Arnold, of Q. Grady Minor (agent representing the applications), introduced other principals present, including Sharon Umpenhour, also of Q. Grady Minor, Rob Sucher of Johnson Development (developer of the residential component), Doug Kirby of Kite Realty (current owners), Christina Johnson of J.R. Evans Engineering (project engineers), Jim Banks of Banks Engineering, and Rich Yovanovich of Coleman Yovanovich & Koester (attorney). James Sabo and Sue Faulkner, AICP, Principal Planners with the Growth Management Department, Zoning Division, and Commissioner Donna Fiala, Board of County Commissioners, were also in attendance. Mr. Arnold described the existing characteristics of the property, located southwest of US 41 East and south of Airport-Pulling Road. He explained how the small-scale GMPA and PUDA requests will allow the option for residential development, plus existing commercial uses. He displayed a site plan showing a possible arrangement of buildings for the multi-family residential uses. Mr. Arnold explained how the Activity Centers generally allow for residential uses. This amendment is similar to that previously proposed for the Sam’s Club uses, in that it allows for another development option in Courthouse Shadows. Commercial uses will remain on outparcels, while residential buildings can be located centrally, on a 16-acre internal parcel. Neighbors in attendance expressed their concerns on automobile traffic, and how this intersection’s high volume in particular, creates lengthy back-ups and a dangerous pedestrian environment. Pedestrian interconnections and safety are major concerns. Mr. Arnold explained that the major employers nearby and pedestrian traffic were characteristics that made this site attractive, and how project traffic engineers will be addressing these issues. One speaker asked about the residential density, and unit types. Rob Sucher, of Johnson Development addressed this, describing up to 300 market rate apartments, of 1- to 3-bedroom units. Building heights and fire suppression capabilities were discussed. Concerns were raised over the traffic maneuvers at Peters Avenue. Team discussed how proposal will remove the extra access onto Peters previously approved for Sam’s Club. Mr. Sucher said the developer has prepared a Transportation Impact Study (TIS) to address traffic issues , which directs the residential traffic onto US 41 East access points. One speaker asked about the type of development and amenities proposed. Rob Sucher discussed how the residential concept included utilization of Haldeman Creek for residents’ recreational access. a dog park, swimming pool, and on-site work centers as office space available to residents. Examples of similar projects located elsewhere were given. Concerns regarding a history of construction activities, their related problems, and an inability for neighbors to contact someone about them, led Mr. Arnold to commit to providing the surrounding residents with contact phone number(s) for 24-hour responses to their concerns during the construction of the residential component of the project. This may also include during the demolition of the commercial building(s). Neighbors asked about the public hearing process before the Planning Commission and County Board, and the anticipated schedule these two companion petitions are on. Mr. Arnold explained hearing dates would be posted on their website. The Information Meeting was ended at approximately 7:10 p.m. 9.A.1 Packet Pg. 46 Attachment: Adoption Staff Report CPSS-19-1 CCPC_FNL1 (10644 : Courthouse Shadows) Agenda Item 9.A.2 ‒ 12 ‒ CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center #16 in the FLUE This synopsis provides the annotated NIM proceedings. An audio recording of the entire Neighborhood Information Meeting is available on the County’s “I” drive, at I:/GMD/Comprehensive Planning/NIM Recordings & PREAPP Notes. [Synopsis prepared by C. Schmidt, AICP, Principal Planner] FINDINGS AND CONCLUSIONS • The subject site is currently zoned CPUD and developed with a 30-year-old commercial shopping center. The entire Courthouse Shadows PUD is designated Mixed Use Activity Center Subdistrict on the FLUM, which allows and encourages mixed use development, and lies within the boundaries of the Bayshore/Gateway Triangle Redevelopment Overlay, an area where numerous incentives promote redevelopment projects. • The site lies within the South US 41 TCEA, an area where it may require employment of Transportation Demand Management (TDM) strategies to reduce traffic impacts. • The site also lies within the Coastal High Hazard Area (CHHA). However, the companion PUDA includes mitigation, and both US 41 East and Airport-Pulling Road South are hurricane evacuation routes. • The site is proximate to major employment opportunities, goods and services, and public transit. • Analysis indicates that projected population growth provides sufficient demand for market -based apartments. • At the macro level at which a GMP amendment is reviewed, staff is of the opinion that the proposed GMP amendment is compatible with surrounding properties. The companion PUDA petition will need to address specific compatibility measures. • No issues regarding impacts upon potable water, wastewater collection and treatment or solid waste collection and disposal services have been identified, nor concerns for impacts upon other public infrastructure. • The proposed GMP amendment has no effect on the requirements of the Conservation and Coastal Management Element (CCME), and there is no action or design required by Policy 12.2.6 beyond that which is already required by existing regulations. • People attending the Neighborhood Information Meeting expressed a strong consensus that developing the property needs to take both vehicular and pedestrian traffic and safety into consideration. • A companion PUDA petition has been submitted concurrent with this GMPA petition to permit 300 market rate rental apartments. Approval of this amendment, and the companion PUDA, would allow the subject property to develop with any one or more of the commercial uses permitted , or with a mixed use (commercial-residential) project. • A commitment will be fulfilled through the companion PUDA to provide onsite signs posting, or by other means to keep people informed of, contact phone number(s) for 24-hour responses to their concerns during the construction of the residential component of the project. This commitment may also include the period during the demolition of the commercial building(s). 9.A.1 Packet Pg. 47 Attachment: Adoption Staff Report CPSS-19-1 CCPC_FNL1 (10644 : Courthouse Shadows) Agenda Item 9.A.2 ‒ 13 ‒ CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center #16 in the FLUE LEGAL CONSIDERATIONS The Office of the County Attorney reviewed this report on September 9, 2019. In addition to pertinent small-scale (GMP) amendment criteria in Florida Statutes, Section 163.3187 addressed above, the criteria for GMP amendments to the Future Land Use Element and map series are in Sections 163.3177(1)(f) and 163.3177(6)(a)2 and 163.3177(6)(a)8, Florida Statutes. [HFAC] STAFF RECOMMENDATION Staff recommends that the Collier County Planning Commission forward Petition PL20180003659/CPSS-2019-1 to the Board of County Commissioners with a recommendation to approve for adoption and transmittal to the Florida Department of Economic Opportunity. [Remainder of page intentionally left blank] 9.A.1 Packet Pg. 48 Attachment: Adoption Staff Report CPSS-19-1 CCPC_FNL1 (10644 : Courthouse Shadows) Agenda Item 9.A.2 ‒ 14 ‒ CPSS-2019-1 / PL20180003659 Amending Mixed Use Activity Center #16 in the FLUE PETITION No.: PL20180003659/CPSS-2019-1 Staff Report for the September 19, 2019, CCPC meeting. NOTE: This petition has been scheduled for the October 22, 2019, BCC meeting. G:\CDES Planning Services\Comprehensive\Comp Planning GMP DATA\Comp Plan Amendments\2019 Cycles and Smalls\2019 Small Scale petitions\CPSS-19-1 AC 16-CH Shadows\CCPC\CPSS-19-1 CCPC stff rprt_FNL1.docx 9.A.1 Packet Pg. 49 Attachment: Adoption Staff Report CPSS-19-1 CCPC_FNL1 (10644 : Courthouse Shadows) 9.A.2 Packet Pg. 50 Attachment: Ordinance - 080819(2) (10644 : Courthouse Shadows) 9.A.2 Packet Pg. 51 Attachment: Ordinance - 080819(2) (10644 : Courthouse Shadows) 9.A.2 Packet Pg. 52 Attachment: Ordinance - 080819(2) (10644 : Courthouse Shadows) 9.A.2 Packet Pg. 53 Attachment: Ordinance - 080819(2) (10644 : Courthouse Shadows) 9.A.2 Packet Pg. 54 Attachment: Ordinance - 080819(2) (10644 : Courthouse Shadows) 9.A.2Packet Pg. 55Attachment: Ordinance - 080819(2) (10644 : Courthouse Shadows) 9.A.4 Packet Pg. 56 Attachment: Legal Ad - Agenda ID 10160 (10644 : Courthouse Shadows) This item needs to be numbered on the agenda before the companion Zoning Petition 101095 9.A.5 Packet Pg. 57 Attachment: This item needs to be numbered on the Agenda before companion Zoning Petition 101095 (10644 : Courthouse Shadows) Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Courthouse Shadows GMP Amendment (GMPA) PL20180003659 Application and Supporting Documents September 19, 2019 CCPC Hearing November 12, 2019 BCC Hearing Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com February 11, 2019 Mr. David Weeks Principal Planner Collier County Growth Management Division/ Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Growth Management Plan Amendment Application Courthouse Shadows CPUD (PL20180003659), Activity Center #16 Dear Mr. Weeks: A Collier County Growth Management Plan Amendment (GMPA) application for properties located at the southeast quadrant of Airport Road and Tamiami Trail East (U.S. 41) is being submitted for review. This application proposes revise language of the Activity Center Subdistrict in the Future Land Use Element to allow a maximum of 300 multi-family dwelling units within 10 acres of the Courthouse Shadows PUD. The proposed amendment reflects the market demand for residential development in this location. The GMPA is supported with a companion PUD amendment, which establishes the specific development standards for the proposed use, and a Master Plan for development of the residential use. Please feel free to contact me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: Doug Kirby Rob Sucher Richard D. Yovanovich GradyMinor File 1 APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN APPLICATOIN NUMBER PL20180003659 DATE RECEIVED ______________________________ PRE-APPLICATION CONFERENCE DATE January 15, 2019 DATE SUFFICIENT ______________________________________________________________________ This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Department, Suite 400, 2800 North Horseshoe Drive, Naples, Florida 34104. 239-252-2400 (Fax 239-252-2946). The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97 -431 as amended by Resolution 98-18 (both attached). If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS I. GENERAL INFOMRATION A. Name of Applicant Mark S. Jenkins-Senior Vice President Company KRG COURTHOUSE SHADOWS LLC Address 30 S. Meridian St., Suite 1100 City Indianapolis State IN Zip Code 46204 Phone Number 317-578-5165 Fax Number B. Name of Agent * D. Wayne Arnold, AICP  THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company Q. Grady Minor and Associates, P.A. Address 3800 Via Del Rey City Bonita Springs State Florida Zip Code 34134 Phone Number ____________________ Fax Number ___________________________ B1. Name of Agent * Richard D. Yovanovich  THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company Coleman, Yovanovich and Koester, P.A. Address 4001 Tamiami Trail North, Suite 300 City Naples State Florida Zip Code 34103 Phone Number 239-435-3535 _ Fax Number ___________________________ C. Name of Owner (s) of Record _KRG Courthouse Shadows LLC__________________________ Address 30 S. Meridian St., Suite 1100_____________________________________________ City Indianapolis State IN Zip Code 46204 Phone Number 317-577-5600 Fax Number ________________________________ 2 D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. Please see Exhibit I-D II. Disclosure of Interest Information: A. If the property is owned fee simple by an INDIVIDUAL, Tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Not Applicable _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ 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 Percentage of Stock Not Applicable _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest Not Applicable _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ 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 KRG Courthouse Shadows LLC 100% KRG Courthouse Shadows I LLC 30 S. Meridian St, Suite 100 Indianapolis, IN 46204 _________________________ Please see Exhibit II _________________________ __________________________________________ _________________________ 3 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 _________________________ Johnson Development Associates, Inc. 100% Please see Exhibit II _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ __________________________________________ _________________________ Date of Contract: _08/27/2018__ F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Not Applicable ________________________________________________________ ________________________________________________________ ________________________________________________________ G. Date subject property acquired (X 2006) leased ( ):________Term of lease______yrs./mos. If, Petitioner has option to buy, indicate date of option:______________ and date option terminates: ______________, or anticipated closing: _______________________. H. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the re sponsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. III. DESCRIPTION OF PROPERTY: A. LEGAL DESCRIPTION Please see Exhibit III.A _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ B. GENERAL LOCATION 3420 and 3290 TAMIAMI TRL E, Southeast quadrant of Airport Road and Tamiami Trail E. (U.S. 41) C. PLANNING COMMUNITY East Naples D. TAZ 289 E. SIZE IN ACRES 20.35± acres F. ZONING Courthouse Shadows CPUD G. SURROUNDING LAND USE PATTERN Developed residential and commercial H. FUTURE LAND USE MAP DESIGNATION(S) Urban Designation, Commercial District, Mixed Use Activity Center Subdistrict, #16 US 41 and Airport-Pulling Road 4 IV. TYPE OF REQUEST: A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: _______ Housing Element _______ Recreation/Open Space _______ Traffic Circulation Sub-Element _______ Mass Transit Sub-Element _______ Aviation Sub-Element _______ Potable Water Sub-Element _______ Sanitary Sewer Sub-Element _______ NGWAR Sub-Element _______ Solid Waste Sub-Element _______ Drainage Sub-Element _______ Capital Improvement Element _______ CCME Element X Future Land Use Element _______ Golden Gate Master Plan _______ Immokalee Master Plan B. AMEND PAGE (S) 57 and 143 OF THE Future Land Use ELEMENT AS FOLLOWS: (Use Strike-through to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: _________________________________________________________________________ Please see Exhibit IV.B _________________________________________________________________________ C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Not applicable TO Not applicable D. AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) Activity Center #16 ________________________________________________________________________________ ________________________________________________________________________________ E. DESCRIBE ADDITINAL CHANGES REQUESTED: Not applicable __________________________________________________________________________________ __________________________________________________________________________________ V. REQUIRED INFORMATION: NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN I”=400’. At least one copy reduced to 8 - 1/2 x 11 shall be provided of all aerials and/or maps. A. LAND USE Exhibit V.A Provide general location map showing surrounding developments (PUD, DRI’s, existing zoning) with subject property outlined. Exhibit V.A Provide most recent aerial of site showing subject boundaries, source, and date. Exhibit V.A Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE AND DESIGNATION Exhibit VB Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. 5 C. ENVIRONMENTAL N.A. Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN “A” ABOVE. N.A. Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.).Identify historic and/or archaeological sites on the subject property. D. GROWTH MANAGEMENT Reference 9J-11.006, F.A.C. and Collier County’s Capital Improvements Element Policy 1.1.2 (Copies attached). 1. INSERT “Y” FOR YES OR “N” FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-11.006(1)(a)(5), F.A.C.). IF so, identify area located in ACSC. N Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S. ? (Reference 9J-11.006(1)(a)7.a, F.A.C.) N/N Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1)(c), F.S. ? (Reference 9J-11.006(1)(a)7.b, F.A.C.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County-wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. Y, ** Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference Rule 9J-5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-11.007, F.A.C.) ** Please see Market Study prepared by Michael J. Timmerman E. PUBLIC FACILITIES 1. Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: Exhibit V.E. Potable Water Exhibit V.E. Sanitary Sewer *** Arterial & Collector Roads; Name specific road and LOS Pine Ridge Road Goodlette-Frank Road *** Please see Traffic Impact Analysis prepared by . Exhibit V.E. Drainage Exhibit V.E. Solid Waste Exhibit V.E. Parks: Community and Regional 6 If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. Exhibit V.E. Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services. 3. N.A. Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: Zone X Flood zone based on Flood Insurance Rate Map data (FIRM). N.A. Location of wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps) N.A. Traffic Congestion Boundary, if applicable N.A. Coastal Management Boundary, if applicable N.A. High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION N.A. $16,700.00 non-refundable filing fee made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) Provided $9,000.00 non-refundable filing fee for a Small Scale Amendment made payable to the Board of County Commissioners due at time of submittal. (Plus proportionate share of advertising costs) Provided Proof of ownership (copy of deed) Provided Notarized Letter of Authorization if Agent is not the Owner (See attached form ) Submitted Electronically 1 Original and 5 complete, signed applications with all attachments including maps, at time of submittal. After sufficiency is completed, 25 copies of the complete application will be required. * Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1”=400’ or at a scale as determined during the pre-application meeting. Courthouse Shadows MPUD (PL20180003659) Activity Center #16 Comprehensive Plan Consistency and Statutory Criteria for Plan Amendments April 25, 2019 Page 1 of 2 KRCSA Comp Plan Consistency-rev1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com The project is located within Activity Center #16 on the Future Land Use Map. The project is also located within the Bayshore/Gateway Triangle CRA Overlay. Mixed Use Activity Centers are intended to provide for both commercial and residential development. The PUD amendment is accompanied with a small-scale comprehensive plan amendment, which proposes to permit increased density on a 10 - acre portion of the site. The application proposes a total of 300 multi-family apartments on approximately 18.8 acres of the 20.35 acre PUD. The plan is to utilize up to 97 units from the bonus pool, in addition to the base density of 4 dwelling units per acre, with the balance of the 300 units resulting from the units permitted by the small-scale amendment. Chapter 163.3167 Scope of act.— (9) Each local government shall address in its comprehensive plan, as enumerated in this chapter, the water supply sources necessary to meet and achieve the existing and projected water use demand for the established planning period, considering the applicable plan developed pursuant to s. 373.709. The City of Naples provides potable water to the site, and there are no existing or anticipated deficiencies. Sanitary Sewer services are provided by Collier County. Chapter 163.3177 (6) (a) 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy. j. The need to modify land uses and development patterns within antiquated subdivisions. The applicant has provided a market analysis, which demonstrates that the proposed residential option is supported by demand for rental apartments at this location. The property is located in the urban area of Collier County and is within an Activity Center, which supports higher densities of residential uses under the existing Growth Management Plan. The site is appropriate for higher intensity uses. Courthouse Shadows MPUD (PL20180003659) Activity Center #16 Comprehensive Plan Consistency and Statutory Criteria for Plan Amendments April 25, 2019 Page 2 of 2 KRCSA Comp Plan Consistency-rev1.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com The property is located proximate to the Collier County government center, which houses a majority of the County’s governmental functions. The site is a largely vacant retail commercial center and the market analysis demonstrates that there is a demand for additional rental units at this location. Redevelopment of the site as a mixed-use property is consistent with the objectives of the Bayshore/Gateway Triangle Redevelopment Overlay. Commercial and residential development are adjacent to the site. The GMP provides for mixed -use projects within the Activity Centers. Buffers and development standards have been proposed which insure compatibility of the proposed MPUD with surrounding properties. Redevelopment of the site as a mixed use project will support redevelopment and discourage urban sprawl consistent with Chapter 163.3177 of the Florida Statutes. The GMP amendment is necessary under the Collier County GMP in order to permit the proposed intensity for a portion of the applicant’s property. Chapter 163.3177 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. Public infrastructure exists to service the proposed uses within the Activity Center. 163.3184 Process for adoption of comprehensive plan or plan amendment. This Section of statute outlines the process and authority for the agency review of plan amendments. The applicant understands that regional and state reviewing agencies will be responsible for review of any transmitted comprehensive plan amendment per the requirements of Chapter 163.3184 F.S. The applicant’s experts are of the opinion that there are no regional or state impacts associated with the application. Courthouse Shadows MPUD (PL20180003659) Activity Center #16 GMPA Narrative April 25, 2019 Page 1 of 2 KRCSA GMPA Narrative.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com The Courthouse Shadows Mixed Use Planned Unit Development (MPUD) is a 20.35± acre property located on the southeast corner of the intersection of Tamiami Trail East (U.S. 41) and Airport Road. The property is located within designated Activity Center #16 on the Future Land Use Map. A small-scale plan amendment has been submitted which proposes to permit an increase in density for a 10 acre portion of this project located within the activity center as a development option for this PUD in order to achieve a total of 300 units within the PUD . The PUD has been developed to date with approximately 150,000 square feet of retail and office commercial uses. This amendment proposes to develop up to 300 multi-family apartments as an option for the site. An alternative Master Plan (Exhibit B) option identifies the location of the potential residential dwellings and the area that would remain for commercial uses. A market analysis demonstrating demand for the residential use has also been provided. The project is located within Activity Center #16 on the Future Land Use Map. The proje ct is also located within the Bayshore/Gateway Triangle CRA Overlay. Mixed Use Activity Centers are intended to provide for both commercial and residential development. The PUD amendment is accompanied with a small-scale comprehensive plan amendment, which proposes to permit increased density on a 10-acre portion of the site. The companion PUD application proposes a total of 300 multi-family apartments on approximately 18.8 acres of the 20.35 acre PUD. The plan is to utilize up to 97 units from the density pool, in addition to the base density of 4 dwelling units per acre, with the balance of the 300 units resulting from the increased units permitted by the small-scale amendment. The density calculations are as follows: Activity Center 18.8 ac x 4 du/ac = 75 units Bonus Pool Units 97 units Proposed Small-scale 10 ac x 12.8 du/ac = 128 units Total 300 units Net Density for 18.8 acres residential area 16 du/ac Gross Density for PUD (20.35) 14.74 du/ac Courthouse Shadows MPUD (PL20180003659) Activity Center #16 GMPA Narrative April 25, 2019 Page 2 of 2 KRCSA GMPA Narrative.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com A map amendment to Activity Center #16 is also included with the small-scale amendment application, which identifies the 10-acre area in which the increased density will be applicable. The site is well suited for the increase in density, which will authorize redevelopment of a defunct shopping center with up to 300 multi-family apartment units. The resulting project will be a mixed-use development, which is consistent with the Future Land Use Activity Center Subdistrict stated objectives. The Bayshore/Gateway CRA promotes development and redevelopment opportunities within the CRA. This project will fulfill the stated goals for the CRA. The project location is ideal due to the proximity to the Collier County Government complex, which provides opportunities for employment, and it provides an opportunity for residents to easily travel throughout Collier County with the Collier Area Transit (CAT) transfer station located on the government complex. The County Government complex is easily walkable from the proposed residences, and residents have a safe crossing of U.S. 41 to the County Government complex via a traffic-signalized intersection serving the Courthouse Shadows PUD. Infrastructure is in place to service the proposed residential component, and the site has direct access to two signalized intersections. Although a portion of the site is within the Coastal High Hazard Area (CHHA), the applicant will mitigate for its impacts as required by Florida Statutes. To this end, the applicant concurs with the mitigation strategy suggested by Emergency Management staff; therefore, the project will be consistent with the statutory mitigation requirement. Courthouse Shadows MPUD (PL20180003659) Activity Center #16 Exhibit I.D. Professional Consultants January 11, 2019 Page 1 of 1 KRCSA Exhibit ID Consultants.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Planning/Project Management: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 239.947.1144 239.947.0375 fax warnold@gradyminor.com Richard D. Yovanovich, Esq Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 239.435.3535 239.435.1218 fax ryovanovich@cyklawfirm.com Transportation: James M. Banks, P.E., President JMB Transportation Engineering, Inc. 4711 7th Avenue SW Naples, FL 34119 239.919.2767 jmbswte@msn.com Market Analysis: Michael Timmerman Meyers Research 239-269-0769 mtimmerman@meyersllc.com Courthouse Shadows MPUD (PL20180003659) Activity Center #16 Exhibit II Disclosure of Interest Information January 31, 2019 Page 1 of 2 KRCSA Exhibit II Disclosure of Interest.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com II. Disclosure of Interest Information: 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 KRG Courthouse Shadows LLC 100% 30 S. Meridian St, Suite 100, Indianapolis, IN 46204 Sole Member: KRG Courthouse Shadows I LLC 30 S. Meridian St, Suite 100, Indianapolis, IN 46204 KRG Courthouse Shadows 1, LLC is a wholly owned subsidiary of Kite Realty Group, L.P., the General Partner of which is Kite Realty Group Trust, a publicly traded company. Officers Percentage of Stock  John A. Kite- Chairman of the Board and N/A Chief Executive Officer  Thomas K. McGowan- President and N/A Chief Operating Officer  Scott E. Murray- Executive Vice President N/A  Mark S. Jenkins-Senior Vice President N/A  Rick S. Lally-Senior Vice President-Construction N/A  Randy Burke-Director-Construction N/A Courthouse Shadows MPUD (PL20180003659) Activity Center #16 Exhibit II Disclosure of Interest Information January 31, 2019 Page 2 of 2 KRCSA Exhibit II Disclosure of Interest.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com 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 Johnson Development Associates, Inc. 100% P.O. Box 3524, Spartanburg, SC 29304 Officers Percentage of Stock George D, Jr., Chairman/Director 100 Dunbar Street, Suite 400, Spartanburg, SC 29306 Dan C. Breeden, Jr., Director/Secretary/Treasurer 100 Dunbar Street, Suite 400, Spartanburg, SC 29306 George D. Johnson, III, CEO 100 Dunbar Street, Suite 400, Spartanburg, SC 29306 William Spry, CFO 100 Dunbar Street, Suite 400, Spartanburg, SC 29306 Thomas Messervy, President – Multifamily Division PO Box 3524, Spartanburg SC 20304 George Dean Johnson, Jr. 2009, Shareholder Revocable Trust dated April 10, 2009 100 Dunbar Street, Suite 400, Spartanburg, SC 29306 33 1/3% Revocable Trust of George Dean Johnson, III U/A dated January 23, 2017 100 Dunbar Street, Suite 400, Spartanburg, SC 29306 33 1/3% Susanna Presnell Johnson Trust under agreement dated October 9, 1987 100 Dunbar Street, Suite 400, Spartanburg, SC 29306 33 1/3% Date of Contract: 8/27/18 g. Date subject property acquired 07/2006 EXHIBIT III.A. EXHIBIT III.A. Courthouse Shadows MPUD (PL20180003659) Activity Center #16 Exhibit IV.B Proposed Language August 5, 2019 Page 1 of 1 KRCSA Exhibit IVB-rev3.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Revise the FUTURE LAND USE ELEMENT *** *** *** *** *** Text break *** *** *** *** *** FUTURE LAND USE DESIGNATION *** *** *** *** *** Text break *** *** *** *** *** V. OVERLAYS AND SPECIAL FEATURES [Page 97] *** *** *** *** *** Text break *** *** *** *** *** F. Bayshore/Gateway Triangle Redevelopment Overlay [Page 142] *** *** *** *** *** Text break *** *** *** *** *** [Beginning Page 143] 6. For parcels currently within the boundaries of Mixed Use Activity Center #16, land uses will continue to be governed by the Mixed Use Activity Center Subdistrict, except residential density may also be increased as provided for in paragraphs 4 and 5, above. The development standards of the Bayshore Drive Mixed Use Overlay District or Gateway Triangle Mixed Use Overlay District in the Collier County Land Development Code, whichever is applicable, shall apply to all new development within the Activity Center. Residential Density for a mixed-use project within Mixed Use Activity Center #16 that is located within the Courthouse Shadows Mixed Use Planned Unit Development (MPUD) may also be increased as follows: A ten-acre portion of the MPUD identified on Activity Center #16 Map in the Future Land Use Map series is eligible for a density bonus of 12.8 dwelling units per acre (128 units); these units are limited to rental apartments only. This density is in addition to a density of up to four dwelling units per acre allowed by the Mixed Use Activity Center Subdistrict for the MPUD and up to 97 density bonus pool units for the MPUD, which may be assigned during a rezone. The density bonus of 12.8 dwelling units per acre (128 units) will only be located on the ten acres identified on the Activity Center #16 Map. *** *** *** *** *** Text break *** *** *** *** *** GradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144www.GradyMinor.com Fort Myers: 239.690.4380SITEACTIVITY CENTER #16 (COURTHOUSE SHADOWSPUD) = 20.35± ACRESMULTI-FAMILY RESIDENTIAL AREA= 10 ACRESAIRPORT ROAD - TAMIAMI TRAIL EAST (U.S. 41)Collier County, FloridaMULTI-FAMILY RESIDENTIAL SUBJECT PROPERTY - 20.35± ACRES EXISTING ZONING:COURTHOUSE SHADOWS CPUD EXISTING FLUE:ACTIVITY CENTER #16 EXISTING USE:DEVELOPED COMMERCIAL ADJACENT PROPERTY NORTH ZONING:C-3-GTMUD-MXD AND COLLIER COUNTY GOV'T COMPLEX PUD USE:COMMERCIAL AND GOVERNMENT OFFICES SOUTH ZONING:RMF-6-BMUD-R1, C-3-BMUD-R1. RSF-4-BMUD-R1, RSF-4 AND C-3 USE:COMMERCIAL AND RESIDENTIAL EAST ZONING:C-5 AND COLLIER COUNTY GOV'T COMPLES PUD USE:ROW, RETAIL/COMMERCIAL AND GOVERNMENT OFFICES WEST ZONING:C-3-GTMUD-MXD, RSF-4-BMUD-R1, C-3-BMUD-R1 AND RMF-6-BMUD-R1 USE:COMMERCIAL, RESIDENTIAL AND VACANT SUBJECT PROPERTY 500 FOOT RADIUS ZONED: C-3-GTMUD-MXD AND RMF-6-BMUD-R1 USE: COMMERCIAL, RESIDENTIAL AND VACANT TAM IAM I TRA I L EAS T (U .S . 4 1 )AIRPORT ROADZONED: C-3-GTMUD-MXD USE: COMMERCIAL ZONED: COLLIER COUNTY GOV'T COMPLEX PUD USE: GOVERNMENT OFFICES GradyMinor Civil Engineers Ɣ Land Surveyors Ɣ Planners Ɣ Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 www.GradyMinor.com Fort Myers: 239.690.4380 ZONED: RSF-4 AND C-3 USE: RESIDENTIAL AND COMMERCIAL ZONED: RMF-6-BMUD-R1 USE: RESIDENTIAL ZONED: RSF-4-BMUD-R1 USE: RESIDENTIAL ZONED: C-3-BMUD-R1 USE: RESIDENTIAL ZONED: RMF-6-BMUD-R1 USE: RESIDENTIAL ZONED: RSF-4-BMUD-R1 USE: RESIDENTIAL ZONED: C-5 USE: RETAIL/COMMERCIAL ZONED: C-3 USE: RETAIL/COMMERCIAL GradyMinorCivil Engineers●Land Surveyors●Planners●Landscape ArchitectsCert. of Auth. EB 0005151Cert. of Auth. LB 0005151Business LC 26000266Q. Grady Minor and Associates, P.A.3800 Via Del ReyBonita Springs, Florida 34134 Bonita Springs: 239.947.1144www.GradyMinor.com Fort Myers: 239.690.4380SITEACTIVITY CENTER #16(COURTHOUSE SHADOWSPUD) = 20.35± ACRES COURTHOUSE SHADOWS Environmental Due Diligence P REPARED FOR: J OHNSON D EVELOPMENT A SSOCIATES 100 Dunbar Street, Suite 400 Spartanburg, SC 29306 PREPARED BY: TURRELL, HALL & ASSOCIATES, INC 3584 EXCHANGE AVENUE NAPLES, FL 34104 AMENDED J ANUARY 31, 2019 Table of Contents 1 Introduction ........................................................................................................................................ 1 2 Site Description .................................................................................................................................. 2 2.1 FLUCFCS Codes ......................................................................................................................... 2 2.2 Vegetation Associations ............................................................................................................ 2 2.3 Soils .............................................................................................................................................. 3 2.4 Hydrologic Indicators................................................................................................................ 4 3 Photos .................................................................................................................................................. 5 4 Wildlife ................................................................................................................................................ 7 5 Jurisdictional Wetlands ..................................................................................................................... 9 6 Permitting .......................................................................................................................................... 10 7 Conclusion ........................................................................................................................................ 11 Courthouse Shadows Site Assessment Report Amended January 31, 2019 1 1 INTRODUCTION Turrell, Hall & Associates, Inc. (THA) has conducted a preliminary site evaluation on several parcels located at 3290 Tamiami Trail East, Naples. The parcel folio numbers are 28750000028, 28750000523, 28750000769, and 30480040100. The properties are approximately 18.74 acres combined and located in Sections 11 and 14, Township 50 South, Range 25 East, in Collier County. The purpose of the Due Diligence Report is to review existing environmental conditions relating to the properties and to identify issues that may impact the development potential of the site. Specifically, the field work and research conducted was; • To map and identify existing vegetative communities on the property. • To estimate the extent of state and federal jurisdictional wetlands. • To research the presence or absence of state and federal listed species. • To assess the environmental permitting requirements for construction of residential development. This assessment did not research or consider zoning, deed restrictions, easements, or other encumbrances that might be present and could affect the development of the property. This assessment also did not include a Phase I Environmental Site Assessment which can identify potential or existing environmental contamination liabilities. This assessment was limited to the wetland and wildlife environmental factors only and is presented solely to assist with the planning process. Courthouse Shadows Site Assessment Report Amended January 31, 2019 2 2 SITE DESCRIPTION The project site is comprised of four parcels, three of which have been cleared and impacted by past and current commercial development and the fourth parcel including the canal and drainage easement at the south end of the site. The site has been developed since the early 1990’s with the current buildings. For the purpose of this report, vegetative communities and other land uses are combined between the parcels. It appears as though there were no wetland impacts associated with the development in the 1990’s. No SFWMD ERP permit could be located for the project. The majority of the soils within the site are mapped as Immokalee Fine Sand with a small area of Basinger Fine Sand in the southeast corner of the site. Basinger Fine Sand is a hydric soil, but Immokalee Fine Sand is not. Vegetative communities are remnant only with the majority of the vegetation present consisting of various planted landscaping components. The perimeter of the site contains moderately heavy exotic vegetation including Brazilian pepper along most of the west and south perimeter and scattered Australian pines, Java plum, and phragmites in the southwest border of the site. There is a mangrove fringe separating the development from Haldeman creek which consists predominately of red mangroves and Brazilian pepper. There is also a drainage easement associated with Haldeman Creek Running along the south boundary of the project site. See attached FLUCFCS map for location within the site of the different habitats. 2.1 FLUCFCS Codes The Florida Land Use, Cover, and Forms Classification System (FLUCFCS) manual was used to classify all of the vegetative communities occurring within the site boundaries. The attached FLUCFCS exhibit shows the subject property, its vegetative cover, and depicts the approximate limits of the wetland and upland areas. A general description is provided below in Table 1 along with any site-specific nuances that may be relevant to the assessment. Table 1: FLUCFS Codes found on-site FLUCFCS Code Description Acres Jurisdictional Wetlands 141 Retail sales and services 16.07 No 190 Open Lands in Urban Setting 0.54 No 510 Streams and Waterways (Haldeman Creek) 1.08 Yes 612E2 Mangrove Swamp (Fringe) 1.05 Yes Total 18.74 2.2 Vegetation Associations The mangrove fringe habitat along the south boundary is the only natural native habitat remaining on the property. Vegetative communities in Florida designated as Mangrove Swamp typically occur in such a way that red, white, or black mangroves dominate the canopy and Courthouse Shadows Site Assessment Report Amended January 31, 2019 3 midstory while very little vegetation is present in the ground cover. This site is situated along the man-made portion of Haldeman Creek and is dominated by red mangroves. This site habitat is becoming slightly overgrown with exotics and has a very limited understory. A list of commonly observed plant species within this community can be found below in Table 2. Table 2: Commonly observed species found within the Mangrove Fringe Community Common Name Scientific Name Stratum Dominant Red mangrove Rhizophora mangle C, M Yes Brazilian pepper Schinus terebinthifolia C No Cabbage palm Sabal palmetto M No Leather fern Acrostichum danaeifolium G No Muscadine Vitis rotundifolia V No C = canopy stratum, M = midstory stratum, G = ground stratum, V = woody vine stratum The remainder of the vegetation outside of the mangrove fringe is all planted vegetation serving as buffer or landscape material throughout the development. A list of commonly observed plant species within this community can be found below in Table 3. Table 3: Commonly observed species found within the landscape and buffer portions of the site Common Name Scientific Name Stratum Location Slash pine Pinus elliottii C Southern perimeter berm Live Oak Quercus virginiana C Throughout site Java Plum Syzygium cumini C, M Southern Perimeter berm, outfall area Cabbage palm Sabal palmetto C, M Throughout site Brazilian pepper Schinus terebinthifolia M, G Western and southern perimeter Coco plum Chysobalanus icaco M Western perimeter Muscadine Vitis rotundifolia V Western and southern perimeter C = canopy stratum, M = midstory stratum, G = ground stratum, V = woody vine stratum There are two wet detention basins located on the western portion of the site. These basins are interconnected with each other and do maintain wetland vegetation. A list of observed plant species within the basins can be found below in Table 4. Table 4: Commonly observed species found within the dry retention basins Common Name Scientific Name Stratum Location Alligator flag Thalia geniculate G North retention basin Wedelia Sphagneticola trilobata G Both retention basins Maidencane Panicum hemitomon G Both retention basins Pickerelweed Pontedaria cordata G Both retention basins Spikerush Eleocharis cellulose G South retention basin False Buttonweed Spermacoce verticullata G Both retention basins C = canopy stratum, M = midstory stratum, G = ground stratum, V = woody vine stratum 2.3 Soils According to the United States Department of Agriculture (USDA), there are 3 types of soil mapped within the project site. Immokalee Fine Sand, which is a non-hydric soil, is mapped through the majority of the property. A small triangle of the site in the southeast corner is Courthouse Shadows Site Assessment Report Amended January 31, 2019 4 mapped Basinger Fine Sand, which is a hydric soil. The mangrove fringe and creek are at the south of the site are mapped as Durbin and Wulfert Mucks which is a hydric soil. Soil plugs were taken in the open habitats of the site to determine if hydric soil characteristics are present. Within the open urban areas, the soils were disturbed and heavily compacted with rock and shell present. No hydric indicators were visible within these areas. The soils at the bottoms of the retention basins both had a shallow much layer indicative of hydric conditions which is to be expected as their design is to hold water. See the attached soils map for the extent of the soil units across the property 2.4 Hydrologic Indicators Hydrologic indicators were only observed on this site within the retention basins and drainage swale. Tidal lines were also observed along Haldeman creek in the mangrove fringe. Water lines and algal matting were both observed within the detention basins. It is clear that water does stand in the retention basins for extended periods of time. See photos in Section 3 for examples of hydrologic indicators. Courthouse Shadows Site Assessment Report Amended January 31, 2019 5 3 PHOTOS Photo 1: Trees and debris from open lands in northwest corner of the site Photo 2: Non-hydric soil profile from open lands. Photo 3: Depression with Thalia adjacent to outfall structure in north retention basin Photo 4: Overgrown structure connection between north and south retention basins. Photo 5: Outfall structure from parking areas into drainage swale. Photo 6: Drainage swale between south retention basin and overflow structure. Courthouse Shadows Site Assessment Report Amended January 31, 2019 6 Photo 7: Overflow structure at east end of drainage swale. Only functions at flood stage Photo 8: Outfall pipe from overflow structure and splash wall at rip-rap outfall into creek. Photo 9: Rip-rap outfall from project site into Haldeman Creek along south boundary. Photo 10: Potential Gopher tortoise burrow next to overflow structure at east end of drainage swale. Courthouse Shadows Site Assessment Report Amended January 31, 2019 7 4 WILDLIFE Endangered Wildlife Species is defined as any species of fish or wildlife naturally occurring in Florida, whose prospects of survival are in jeopardy due to modification or loss of habitat; over- utilization for commercial, sporting, scientific or educational purposes; disease; predation; inadequacy of regulatory mechanisms; or other natural or manmade factors affecting its continued existence (FS 372.072). Threatened species include any species of fish or wildlife naturally occurring in Florida which may not be in immediate danger of extinction, but which exists in such small populations as to become endangered if it is subjected to increased stress as a result of further modification of its environment. Species of Special Concern are animals that: 1) Have a significant vulnerability to habitat modification, environmental alteration, human disturbance, or human exploitation which, in the foreseeable future, may result in its becoming a threatened species unless appropriate protective or management techniques are initiated or maintained, 2) Data are limited or lacking, 3) May occupy such an unusually vital or essential ecological niche that should it decline significantly in numbers or distribution other species would be adversely affected to a significant degree, 4) Has not sufficiently recovered from a past population depletion. Taking into account the location and condition of the property, and conversations with state and federal agency personnel, listed wildlife species that could potentially be found on or around the site include: A full blown Threatened and Endangered Species survey was not done and should not be required due to the existing conditions of the property and existing surrounding developments. Initial investigations around the property did discover one potential gopher tortoise burrow located along the southern border of the project site in the old perimeter berm close to the stormwater overflow. The burrow is located at coordinates N 26 07.429, W 081 45.924. See Exhibit with burrow location and Photo 10 in Section 3 of this report. It appeared as though this was a relatively new burrow which did show signs of recent activity. If the proposed redevelopment Common Name Scientific Name Status Florida Bonneted Bat Eumops floridanus E Little Blue Heron Egretta caerulea T Tri-colored Heron Egretta tricolor T Wood Stork Mycteria americana E Osprey Pandion haliaetus SSC Indigo Snake Drymarchon couperi T Gopher Tortoise Gopherus polyphemus T Courthouse Shadows Site Assessment Report Amended January 31, 2019 8 of the project impacts this area, a permit from the Florida Fish and Wildlife Conservation Commission (FWC) will be required to relocate the burrow. During the site visits no other potential listed species presence was observed. It is assumed that wading birds could and do utilize the mangrove shoreline along Haldeman Creek for foraging activities. The proposed redevelopment is not expected to impact the mangrove shoreline and so would not impact this use. Courthouse Shadows Site Assessment Report Amended January 31, 2019 9 5 JURISDICTIONAL WETLANDS The definitions in 33CFR 328.3 state that “waters of the United States” include interstate “wetlands” which are defined as those areas “inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.” Based on Version 2.0 of the Atlantic and Gulf Coastal Plain Regional Supplement to the Corps of Engineers Wetland Delineation Manual, the only portions of the project site which meets the definition of a wetland are the two retention basins and the shoreline fringe along Haldeman Creek. The retention basins are man-made structures which were created out of historically upland habitat and which are an integral part of the surface water management system for the development. Permitting of the redevelopment will require review and authorization from the SFWMD. We believe that the USACE will not assert jurisdiction over the stormwater retention areas due to the fact that they are man-made, they were constructed out of uplands for the stormwater management system, and they are isolated from direct connection to “Waters of the US” by the overflow structure. The USACE will assert jurisdiction over Haldeman Creek and the adjacent shoreline mangroves. A Nationwide Permit will likely be required from the Corps to repair or upgrade the outfall structure from the development into the Creek which currently appears to be in need of maintenance (See Photo 9 in Section 3 above). See the attached FLUCFCS map for the approximate extent of the wetland areas. Courthouse Shadows Site Assessment Report Amended January 31, 2019 10 6 PERMITTING Based on the document research conducted to date, we could find no evidence of prior SFWMD or USACE permitting for the project. It is assumed that this project was permitted by Collier County back when the County had the delegation of authority to do so for smaller projects with no wetland impacts. No USACE or SFWMD Environmental Resource Permits were found. Environmental / Wetland SFWMD (State review) - The redevelopment plan will impact the existing surface water management system and will require permitting for the proposed changes. The wetland impacts that would potentially require mitigation would be the relocation or improvement of the outfall from the development into the creek. We would anticipate any impacts associated with this to be very minor and could be mitigated through improvements to the remainder of the shoreline. USACE (Federal review) – If the redevelopment does require relocation or improvements to the stormwater outfall into the creek, then a Nationwide permit from the Corps will be required for modifications to the existing stormwater management system (Nationwide #43). There is no direct connection between the existing stormwater detention basins and the Creek. They are separated by the overflow structure. Therefore we do not believe that the Corps will assert jurisdiction over the retention basins and no USACE permitting will be required for the reconfiguration or elimination of the two retention basins. FWS (Federal Listed Species review) – Since this is the redevelopment of an already developed property, no additional impacts to any listed species would occur. A preconstruction nesting survey may be required to insure that no wading bird or osprey nests are present in any trees that may be removed. Docks No mention was made as to whether or not docks would be a part of the redevelopment. Since the project is on Haldeman Creek, docks should be an allowed use. Water depths and the width of the waterway would limit the number and types of vessels that could moor. And docks or water access would require additional permitting with the SFWMD and the Corps. Collier County The County requires preservation of existing native habitat within a PUD to meet the Land Development Code. If the zoning on these parcels is changed to residential, it is anticipated that the County will require preservation of a portion of the existing native habitat. Since this would be a residential or mixed-use development within the Coastal High-Hazard area a minimum of 25% of the existing native habitat will need to be preserved. It is not known if the County will include the native landscape buffer along the southern boundary within native habitat calculations or exactly where the Drainage Easement for Haldeman Creek is in relationship to the vegetation but assuming a worst-case scenario, a minimum of 25% of the shoreline and buffer would need to be preserved to meet the native vegetation retention requirements. Courthouse Shadows Site Assessment Report Amended January 31, 2019 11 7 CONCLUSION Based on the preliminary site assessment and document research conducted, we believe that wetland permitting will be limited to the relocation or improvements to the stormwater outfall structure from the development into the Creek. If docks are proposed, then additional state and federal permitting will be required for the docks. A gopher tortoise relocation permit may be required if the burrow observed remains active and the proposed redevelopment impacts the area within 25 feet of where the burrow is located. Redevelopment will likely require native habitat preservation for the County which would result in a conservation easement over at least 25% of the shoreline mangroves (assuming that they are not within the existing drainage easement). Based on current USACE review timeframes, between 4 and 8 months should be allowed for the federal permitting effort for the Nationwide permit (if required). State permitting should be accomplished concurrently with the federal permitting. STATE OF FLORIDACOUNTY AERIAL VICINITY MAPSTATE OF FLORIDACOUNTY AERIAL VICINITY MAPNOTES:<> THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SUBJECTPROPERTYSUBJECTPROPERTY<> LATITUDE:N 26.124865<> LONGITUDE:W 81.765841SITE ADDRESS:<> 3290 TAMIAMI TRNAPLES, FL 34112Turrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1898.00-courthouse shadows shopping center\CAD\EIA\1898-EIA.dwg LOCATION 1/31/2019THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:THRMJ01-31-191898.00-11-1425COURTHOUSE SHADOWS SHOPPING CENTERLOCATION MAP50-------------------01 OF 04COLLIER COUNTYCOLLIER COUNTY)7.(1(/':+%1)7.(1(/':+%18588288641MARCOISLANDEVERGLADESCITY9329846NAPLES90908399483783784129292983983992887846951862I-758486431856850846890896NESWKEY WESTTAMPAFT.MYERSMIAMINAPLESSUBJECTPROPERTY NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1898.00-courthouse shadows shopping center\CAD\EIA\1898-EIA.dwg FLUCFCS 1/31/2019THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:THRMJ01-31-191898.00-11-1425COURTHOUSE SHADOWS SHOPPING CENTERFLUCFCS MAP50-------------------02 OF 04UPLAND (ACRES):WETLAND (ACRES):PROJECT (ACRES):·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."NO SURVEY DATA AVAILABLE"MM-DD-YYYYFLUCFCSDESCRIPTIONAREA(AC)141RETAIL SALES AND SERVICES15.86510DITCH1.08612E2MANGROVE SWAMPS (EXOTICS 25-50%)1.26TOTAL18.20TAMIAMI TRAIL EAST (U.S. 41)PETERS AVENUE141190612E2510612E218.2015.861.26WETLAND (ACRES):1.08SUBJECTPROPERTYAPPROXIMATEWETLAND LINE NESW0150300600SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1898.00-courthouse shadows shopping center\CAD\EIA\1898-EIA.dwg SOILS 1/31/2019THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:THRMJ01-31-191898.00-11-1425COURTHOUSE SHADOWS SHOPPING CENTERSOILS MAP50-------------------03 OF 04·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE.·SOIL DATA PROVIDED BY:1998 UNITED STATES DEPT OF AGRICULTURESOIL SURVEY OF COLLIER COUNTY AREA, FL"NO SURVEY DATA AVAILABLE"MM-DD-YYYYCODEDESCRIPTIONHYDRIC7IMMOKALEE FINE SAND17BASINGER FINE SANDYES34URBAN LAND-IMMOKALEE-OLDSMAR,LIMESTONE SUBSTRATUM, COMPLEX40DURBIN AND WULFERT MUCKS,FREQUENTLY FLOODEDYES3471740TAMIAMI TRAIL EAST (U.S. 41)PETERS AVENUESUBJECTPROPERTY NESW0100200400SCALE IN FEETTurrell, Hall & Associates, Inc.Email: tuna@turrell-associates.com3584 Exchange Ave. Naples, FL 34104-3732Marine & Environmental ConsultingPhone: (239) 643-0166Fax: (239) 643-6632REV#:CREATED:DRAWN BY:JOB NO.:SECTION-TOWNSHIP-RANGE-DESIGNED:p:\1898.00-courthouse shadows shopping center\CAD\EIA\1898-EIA.dwg SPECIES 1/31/2019THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE.SE1.2.3.4.5.REV BY:DATE:CHK BY:CHANGED:SHEET NO.:THRMJ01-31-191898.00-11-1425COURTHOUSE SHADOWS SHOPPING CENTERLISTED SPECIES MAP50-------------------04 OF 04·SURVEY COURTESY OF:··SURVEY DATED:NOTES:·THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY ANDARE NOT INTENDED FOR CONSTRUCTION USE."NO SURVEY DATA AVAILABLE"MM-DD-YYYYTAMIAMI TRAIL EAST (U.S. 41)PETERS AVENUESUBJECTPROPERTYACTIVE GOPHER TORTOISE BURROWACTIVE GOPHERTORTOISEBURROWAPPROXIMATEWETLAND LINE COURTHOUSE SHADOWS RENTAL APARTMENTS Rental Apartment Needs Analysis Kite Development Naples, FL January 2019 CONTACT INFORMATION This analysis was prepared by Meyers Research,a market research and consulting firm specializing in the real estate industry.It was commissioned by Kite Realty Group.during the due diligence stage of the project. Michael Timmerman served as Project Director and managed the day-to-day aspects of the assignment.Follow-up questions should be directed to him at 239-269-0769 or mtimmerman@meyersllc.com. OBJECTIVE The objective of the engagement is to provide a needs analysis of market rate rental apartments in Collier County,Florida in order to satisfy the market study requirement for a growth management plan amendment.The site is located on Tamiami Trail East in South Naples and consists of 18.35 +/-acres of land.The client is proposing the development of up to 300 multi-family dwelling units that will be rented based on current market conditions. LIMITING CONDITIONS Kite Realty Group.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. 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. We have no responsibility to update our report for events and circumstances occurring after the date of our report. 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. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 2 TABLE OF CONTENTS Key Findings 4 Development Assessment 8 Locational Analysis 13 Economic and Demographic Profile 16 Market Rate Apartment Analysis 21 Competitive Project Analysis 27 Market Demand Analysis 32 Appendix 38 Courthouse Shadows Rental Apartments │ Kite Realty Group │ 3 Key Findings Courthouse Shadows Apartments Courthouse Shadows Rental Apartments │ Kite Realty Group │ 4 COURTHOUSE SHADOWS SUPPLY WILL SATISFY FUTURE DEMAND •Collier County has ample demand for new market based rental apartments due to the anticipated growth in population and employment.Based on our analysis,we estimate the cumulative demand for market rate rental by the of 2022 to be over 3,741 units.The annual need starting in 2018 is 118 units,growing to 1,002 units by the end of 2022.The net demand is the cumulative demand less the approved future units.As of Year End 2018,the net demand is 881 units growing to 1,019 units by the end of 2022. Located below is a summary of the net demand calculation and the list of additional planned units,with the anticipated delivery date. •Including the additional 300 units proposed at Courthouse Shadows,there are a total of 3,122 units in eight projects that are in varying stages of development or planning.The projects are located throughout the county,with location and community amenities influencing rental rates.Newer communities located closer to employment centers in the South Naples planning district tend to have higher rental rates and higher demand. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 5 Apartment Est Delivery Year Total Units Legacy Naples New Hope Ministries 2019 304 Briarwood Apartments 2020 320 Ave Maria Apts 2020 250 Springs at Sabal Bay 2020 340 Journey's End 2021 483 Courthouse Shadows 2021 300 Pelican Nursery 2021 400 Pine Ridge Commons 2022 375 Allura 2022 350 Total Units 3122 Year Current Supply Annual Need Cumulative Demand Approved Units Net Demand 2012 2015 5648 134 134 134 2016 5648 236 371 371 2017 5944 392 763 763 2018 6488 118 881 881 2019 6488 362 1243 304 939 2020 6488 567 1810 910 596 2021 6488 929 2739 1183 342 2022 6488 1002 3741 725 619 COLLIER APARTMENT MARKET IS HEALTHY •The rental rates for market based apartments steadily increased from the beginning of 2011.Annual growth rates increased at a sustainable pace through mid 2013,where the demand exceeded supply resulting in rates and occupancies increased dramatically. The additional supply that became available starting in 2015,temporarily lowered the annual rate increases to more sustainable levels,with occupancy once again growing.The demand for market based apartments is forecasted to continue,with the currently approved supply helping to satisfy the demand. •Occupancy of existing units and completed units in those projects currently under construction is estimated at 94%.Stabilized occupancy of existing projects is closer to 96%,indicting additional supply is needed to satisfy the demand.Population growth, along with an increasing demand from semi -retirees and seasonal residents supports the need for additional supply. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 6 Development Assessment Courthouse Shadows Apartments Courthouse Shadows Rental Apartments │ Kite Realty Group │ 7 PROJECT SUMMARY •Courthouse Shadows Apartments is a proposed market rate rental community located on a site on the south side of Tamiami Trail east just east of the intersection with Airport Road in Naples, Collier County, FL. The site is currently improved with an older vacated community shopping center. Several outparcels of the shopping center are improved with newer facilities that will remain as support for the proposed rental community and the surrounding area. Transportation infrastructure in the area is very good and allows for easy access north and west to the greater Naples area and east toward Marco Island and south Naples. •Based on the Collier County Property Appraiser’s office, the site consists of 2 parcels owned by KRG Courthouse Shadows, LLC. , that is approximately 18.35 +/-acres. The site is proposed for a market rate rental apartment community not to exceed 300 units. •The site is located within the Bayshore/Gateway Triangle Redevelopment (CRA) Community Redevelopment Agency. The purpose of this CRA is to provide higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. The site is also located in the Mixed Use Activity Center which typically encourages higher density residential and commercial uses. •The site is currently zoned as the Courthouse Shadows/Collier PUD, which was adopted in 1992 and allows for the development of 165,000 SF of commercial development on the entire site, including outparcels. Currently, 149,862 SF of commercial space has been developed. •The client is seeking an amendment to the FLUE to create the Subdistrict that will consist of the rezoned aforementioned parcel. The Subdistrict will allow for up to 300 residential multi-family dwelling units, reflecting a density of 16 units per gross acre, which is consistent with recently developed rental apartments. The objective of this study is to determine if there is market support for high density residential need to satisfy the needs analysis requirement of the Land Use Amendment process. •Located below are maps showing the site’s location, aerial surroundings, future land use and proposed FLUE Subdistrict boundary. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 8 PROPOSED SITE PLAN The proposed site plan below provides a general concept of the building layouts for the site. Parking and access to amenity centers will be focused internal to the property to provide privacy and security. Walkability to the Collier County Government center and convenience to existing retail outparcels will enhance the marketability and property acceptance. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 9 23 Units PLANNING COMMUNITY AND SUBJECT SITE MAP The subject site is located within the East Naples Planning Community and is serviced by local fire and EMS district. The East Naples Planning district has a 2018 estimated population of 23,500 according to the Collier County Planning Department. This district is located between the City of Naples and South Naples, making it one of the most established in the County. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 10 LOCATION ALLOWS FOR HIGHER DENSITY The subject site is within a Mixed Use Activity Center that part of the Bayshore Gateway Triangle CRA district. This location offers incentives for higher density residential product and is a key contributor to the redevelopment efforts in the area. The recent enhancement land uses in the CRA will benefit the site and its future residence. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 11 Locational Analysis Courthouse Shadows Apartments Courthouse Shadows Rental Apartments │ Kite Realty Group │ 12 COURTHOUSE SHADOWS HAS GOOD ACCESS TO SUPPORT FACILITES The site is located in a desirable area of Collier County proximate to schools,shopping and employment centers.The immediate area surrounding the site is well established and is currently undergoing a resurgence to redevelop sites in which the improvements no longer represent the highest and best use.The subject site is a perfect example of the a change in uses that will benefit the market by providing rental housing near employment centers and provide an increase in fiscal benefit to Collier County. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 13 EMPLOYMENT IS LOCATED NORTH AND WEST OF THE SITE The darker areas of the map show the concentration of major employment centers where residents in the subject area travel to work.Residents in this zip code generally work the north and west of the subject site at employment centers in the City of Naples and along Airport Road.A significant portion of the residents in this area are retired,therefore employment location are not a major factor,however access to these centers in important for all residents. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 14 Economic and Demographic Profile Courthouse Shadows Apartments Courthouse Shadows Rental Apartments │ Kite Realty Group │ 15 The Collier County area has seen significant population growth since 2009,with one of the highest percentage change in the population noted in the state in 2015.Annual population growth in 2017 was temporarily suppressed due to the Hurricane Irma which directly hit Collier County.Population growth forecast are significantly higher in the next few year based on the Economy.com analysis.The consultant has adjusted the population forecast in the analysis to account for future market risk. POPULATION GROWTH WILL CONTINUE IN THE COLLIER Collier County , FL - Ten Year History Economy.com Five-Year Forecast 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018F 2019F 2020F 2021F 2022F Total Population 316,641 318,485 322,601 327,667 332,556 339,483 348,216 357,194 366,095 372,880 385,335 399,691 414,603 430,755 447,538 Prior Year Change 2,204 1,844 4,116 5,066 4,889 6,927 8,733 8,978 8,901 6,785 12,455 14,356 14,913 16,151 16,783 Annual % Change 0.7%0.6%1.3%1.6%1.5%2.1%2.6%2.6%2.5%1.9%3.3%3.7%3.7%3.9%3.9% Population History & Forecasts Courthouse Shadows Rental Apartments │ Kite Realty Group │ 16 Household formations in the Collier County area have expanded significantly since 2009 due to price reductions as a result of the Great Depression and the migration of Baby Boomers from the northeast and Midwest.Projections call for accelerated levels of household formations between 2018 and 2022.The consultant made more conservative estimates of the household formation growth in the demand analysis.This was corelated with the consultants population adjustments. HOUSEHOLD FORMATIONS CONTINUE IN COLLIER Courthouse Shadows Rental Apartments │ Kite Realty Group │ 17 Collier County , FL - Ten Year History Economy.com Five-Year Forecast 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018F 2019F 2020F 2021F 2022F Total Households 132,536 132,787 133,775 135,422 136,996 139,882 143,037 145,957 148,533 150,447 155,253 162,623 170,112 178,051 186,419 Prior Year Change 1,411 251 988 1,647 1,574 2,886 3,155 2,921 2,575 1,915 4,806 7,370 7,489 7,938 8,369 Annual % Change 1.1%0.2%0.7%1.2%1.2%2.1%2.3%2.0%1.8%1.3%3.2%4.7%4.6%4.7%4.7% Household History & Forecasts Construction has been the fastest growing employment sector in the past year due to the rebuilding of homes and businesses after Hurricane Irma,and the natural population growth of the area.The prior rebuilding,has influenced the supporting Professional and Business Services and has improved the Leisure and Hospitality sectors which were severely impacted after the hurricane. PROFESSIONAL BUSINESS SERVICES AND CONSTRUCTION ARE DOMINANT Courthouse Shadows Rental Apartments │ Kite Realty Group │ 18 High Income Sectors Other Sectors Financial Activities Information Professional and Business Services Construction Education & Health Services Government Leisure & Hospitality Manufacturing Other Services Trade, Transp. and Utilities Current Month 8,409 1,445 16,437 17,439 21,736 13,761 28,599 3,913 8,140 26,436 Same Month Previous Year 8,344 1,455 16,155 15,568 21,404 13,731 27,817 3,864 8,201 26,700 12-Month Growth 64 -10 282 1,872 332 30 782 49 -60 -263 Employment by Sector Housing starts have grown steadily since 2010,with the annual change in Multifamily Starts expected to continue as pricing of single family homes rise.The increase in Multifamily starts includes both fee simple condominiums and rental apartments.Growth of both designs will satisfy the population increases and employment changes. HOUSING STARTS WILL CONTINUE TO EXPAND Courthouse Shadows Rental Apartments │ Kite Realty Group │ 19 Collier County , FL - Ten Year History Economy.com Five-Year Forecast 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018F 2019F 2020F 2021F 2022F Total Housing Starts 1,007 801 1,190 1,279 1,571 2,441 3,348 3,986 3,910 3,948 4,574 5,703 6,045 6,773 7,501 Annual % Change -50.4%-20.5%48.5%7.5%22.8%55.4%37.2%19.1%-1.9%1.0%15.9%24.7%6.0%12.0%10.8% SFD Housing Starts 676 622 807 929 1,284 1,726 2,418 3,091 3,098 2,961 3,772 5,047 5,495 5,864 6,170 Annual % Change -41.5%-8.1%29.7%15.2%38.3%34.4%40.0%27.9%0.2%-4.4%27.4%33.8%8.9%6.7%5.2% MF Housing Starts 331 179 383 350 286 714 931 895 812 987 802 656 549 909 1,331 Annual % Change -62.2%-45.8%113.7%-8.7%-18.2%149.5%30.3%-3.8%-9.3%---18.7%-18.2%-16.2%65.4%46.5% Housing Starts History & Forecasts Market Rate Apartment Analysis Courthouse Shadows Apartments Courthouse Shadows Rental Apartments │ Kite Realty Group │ 20 EXISTING PROJECTS ARE LOCATED THROUGHOUT THE COUNTY Existing Rental Apartment Communities are located east and south of the beaches and the City of Naples. Access to employment centers, support facilities and recreation amenities of the county are easily accessible from all the rental communities. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 21 MapID Apartment Name Year Built Total Units Age 2 Belvedere 1986 162 33 3 Berkshire Reserve 2000 146 19 5 Brittany Bay I & II 2002 392 17 6 Bryn Mawr 1998 240 21 12 Ibis Club 2000 134 19 14 La Costa 1995 275 24 15 Laguna Bay 1989 456 30 16 Malibu Lakes 2002 356 17 18 Naples 701 1975 188 44 19 Naples Place I-III 1985 160 34 21 Northgate Club 1988 120 31 22 Oasis of Naples (Arbor Walk)1991 216 28 25 River Reach 1987 556 32 28 San Marino (Aventine)2001 350 18 29 Shadowood Park 1989 96 30 33 Summer Wind 1986 358 33 36 Waverley Place 1990 273 29 40 Aster Lely 2014 308 5 41 Sierra Grande 2014 273 5 42 Orchid Run 2015 282 4 43 Milano Lakes 2017 296 2 115 Inspiria at Lely Resort 2018 304 1 120 Addison Place 2019 350 0 PROJECT SIZE IS TYPICAL TO OTHER MARKETS The typical rental apartment project size in Collier County ranges from 250 to 500 units. This is considered an industry norm as it provides for increased property management efficiency and adequate resident amenity usage. Many of the larger projects located in the northern portion of the county are also some of the oldest. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 22 NEWER PROJECTS ARE LOCATED SOUTH The majority of the rental apartment housing stock is more than 20 years old, with the newer products located in southern Collier County. Southern Collier County has lower land cost which previously influenced rental rates. The expansion of the support facilities and the new development of higher priced residential real estate has increased the demand for this area, which has resulted in increased rental rates and occupancy. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 23 Market Demand Analysis Courthouse Shadows Apartments Courthouse Shadows Rental Apartments │ Kite Realty Group │ 24 DEMAND IS GROWING DUE TO INCREASED SF HOME COST •The demand for market rate rental apartments is not isolated to a specific area of Collier County, however, the rental communities within the South Naples planning district are some of the oldest in the county. The demand for rental apartments is based in part on the lack of available supply, resulting in record occupancy of the existing facilities and an increase in new supply over the past 24 months. Rental apartment demand is a function of population and employment growth. Most of the occupants for rental apartments are single and/or couples, are employed, and vary in age from millennials to baby boomers or from 26 to 60 years of age. •The forecast for rental apartment demand starts with a review of the current market status. Data used to support this forecast is based on the US Census Estimates, Economy.com, the American Community Survey (ACS) Housing Summary and the National Multifamily Housing Council. The supporting documentation is included in the addendum of this report. Located below is the calculation of demand for market rate rental apartments in Collier County, with an explanation and support of the forecast on the following slides. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 25 A B C D E F G H I J K L M Year Population Total Housholds Persons per HH Pct Annual Rental Rental Households Pct with Income between 35K and 99K Annual Demand for Market Rate Units Pct of Rental Units with rent between $800 and $2,500 Total Market Demand Current Supply Annual Need Cumulative Demand 2012 332,556 138,755 2.40 2015 357,194 145,194 2.46 15% 21,779 45.0%9,801 59%5,782 5,648 134 134 2016 366,095 147,758 2.48 15% 22,164 45.0%9,974 59%5,884 5,648 236 371 2017 372,880 151,401 2.46 15% 22,710 45.0%10,220 62%6,336 5,944 392 763 2018 379,555 152,924 2.48 15% 22,939 45.0%10,322 64%6,606 6,488 118 881 2019 389,699 158,557 2.46 15% 23,784 45.0%10,703 64%6,850 6,488 362 1,243 2020 398,019 163,308 2.44 15% 24,496 45.0%11,023 64%7,055 6,488 567 1,810 2021 413,563 171,697 2.41 15% 25,755 45.0%11,590 64%7,417 6,488 929 2,739 2022 416,210 173,370 2.40 15% 26,005 45.0%11,702 64%7,490 6,488 1,002 3,741 MARKET DEMAND CALCULATIONS The estimate of market rate rental unit demand is based on the relationship between rental unit supply and population. Column B and Column C reflect Population and Household figures as reported by the US Census from 2012 to 2017. The 2018 through 2022 population and household estimates are from the Economy.com forecast, which is reported in the Economic and Demographic Profile section of this report. After a review of the Collier County population projections which are in based on BEBR projections, the consultant adjusted the 2018-2022 forecast of population and household formations down to account for potential future market risk. The adjustment calculations are located in the appendix of this report. Column D is the calculation of the persons per household, a calculation derived by dividing total population by the total households. •Column E is the percentage of households in Collier County that are identified as reserved for rental. As of the 2018 Demographic and Income Profile, there are a total of 44,317 units in Collier County that are reserved for use as rentals, which represents 29% of the total units in the county, including seasonal rental units. We have estimated that approximately half of the total rental units or 15% of the total units in the county are rented on an annual basis. •Column F is the estimated number of Rental Households. It is calculated by multiplying Column C (Total Households) by Column E, (the percentage of households that represent annual rentals) •Column G reflects the percentage of households that have income between $35,000 and $99,000 within the County based on the 2018 Demographic and Income Profile. The households with income in this range are most likely to rent apartments in the county. The household income range represents 45% of the total within the county. •Column H is the estimate of total market rate rental households based on the household income range and is calculated by multiplying Column F by Column G. •Column I reflects the percentage of rental units that have month rental rates between $800 and $2,500 per month. This is obtained from page 2 of the ACS Housing Survey that provides support for the percent of units that have rental rates in this range. Based on the 2018 estimate, 64% of the rental units in Collier County have a monthly rental rate between $800 and $2,500 per month. Prior year estimates were 59% and 62%, which is reflected in the prior year calculations. Those units with rental rates below are considered subsidized housing, with those with monthly rates above, typically represent condominiums in superior locations. •Column J is the estimate of total market rate rental households. It is calculated by multiplying Column H, (Annual Market Rate Demand)by Column I, (the percentage of rentals that have a rental rate consistent with market rates from the ACS Housing Survey). •Column K reflects the total market number of market rate rental apartment units in Collier County as of December 31, 2018. This includes the recently completed Inspira Rental Community in Lely Resort and Addison Place in North Naples. •Column L is the difference between the Column J, the total demand for market rate rental apartments, and Column K, the supply of market rate rental apartments as of December 31, 2018. This reflects the annual need for market rate rental apartment units. •Column M is the cumulative number of annual market rate rental units needed until 2022. Based on this analysis, we estimate that at Year End 2018, there will be demand for an additional 881 market rate rental apartment units over the current supply of 6,488 units. The demand is anticipated to grow to a total of 3,741 over the current supply by the end of 2022. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 26 NEW SUPPLY IS LOCATED THROUGHOUT THE COUNTY In addition to the existing 6,488 market rate rental apartment units,there are currently nine properties with a proposed total of 3,122 units that are in varying stages of completion,or pending approval in Collier County.Assuming all 3,122 units are delivered at their projected delivery year,these units must be subtracted from the estimated demand to reflect the net need for additional market rate apartments units.The nine projects and their estimated delivery dates are below. The ten properties are located throughout the county,providing the market with many designs and rental rate opportunities.The estimated delivery date reflects the delivery of units within the projects on a review of the construction status as of December of 2018.It should be noted that not all the projects will be completed on the estimated delivery date and that some of the projects listed may not delivery the expected units within the forecasted timeline of this report. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 27 Apartment Est Delivery Year Total Units Legacy Naples New Hope Ministries 2019 304 Briarwood Apartments 2020 320 Ave Maria Apts 2020 250 Springs at Sabal Bay 2020 340 Journey's End 2021 483 Courthouse Shadows 2021 300 Pelican Nursery 2021 400 Pine Ridge Commons 2022 375 Allura 2022 350 Total Units 3122 FUTURE PROJECTS ARE IN GOOD LOCATIONS The geographic distribution of future rental apartments is more diverse as it includes more apartments in the North Naples area or near already established employment centers. The redevelopment of older improvements in well located sites is a trend we will continue to see as the market searches for housing alternatives to home purchase. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 28 Demand Forecast assumes shift from SF to Rental Apartments The analysis above indicates an increasing demand for market rate rental apartments in Collier County.Currently,nine facilities are proposed for a total of 3.122 additional market rate rental apartments that will be added to the current supply to help to satisfy the proposed future demand.Located below is a summary table showing the net demand for market rate rental apartments assuming the delivering of the eight proposed projects. Assuming all of the proposed facilities are delivered to the market near the estimated delivery date,by the end of 2022 there will be a need for an additional 619 market rate rental units.The increased demand is driven by population growth and corresponding employment,along with an increasing number of semi-retiree and seasonal residents who are electing to rent properties vs buy.The lack of vacant sites with adequate size and functional utility will continue to limit the development of new facilities unless the repurposing of existing facilities are considered alternative sites to help satisfy the future demand. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 29 Year Current Supply Annual Need Cumulative Demand Approved Units Net Demand 2012 2015 5648 134 134 134 2016 5648 236 371 371 2017 5944 392 763 763 2018 6488 118 881 881 2019 6488 362 1243 304 939 2020 6488 567 1810 910 596 2021 6488 929 2739 1183 342 2022 6488 1002 3741 725 619 Appendix Courthouse Shadows Apartments Courthouse Shadows Rental Apartments │ Kite Realty Group │ 30 ACS Market Supply of Rental Units By Monthly Rate ACS Housing Summary ACS Estimate Percent MOE(±)Reliability 2012-2016 Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County With cash rent 34,768 93.2%1,263 Total 37,288 100.0%1,361 RENTER-OCCUPIED HOUSING UNITS BY CONTRACT RENT $200 to $249 287 0.8%117 $150 to $199 159 0.4%89 $100 to $149 119 0.3%68 Less than $100 89 0.2%51 $400 to $449 293 0.8%122 $350 to $399 283 0.8%150 $300 to $349 574 1.5%175 $250 to $299 275 0.7%103 $600 to $649 887 2.4%215 $550 to $599 553 1.5%204 $500 to $549 827 2.2%236 $450 to $499 372 1.0%125 $800 to $899 4,640 12.4%563 $750 to $799 1,837 4.9%267 $700 to $749 1,639 4.4%254 $650 to $699 1,144 3.1%269 $1,500 to $1,999 3,527 9.5%511 $1,250 to $1,499 4,371 11.7%605 $1,000 to $1,249 5,879 15.8%580 $900 to $999 4,526 12.1%594 $3,500 or more 605 1.6 187 $3,000 to $3,499 337 0.9%143 $2,500 to $2,999 394 1.1%136 $2,000 to $2,499 1,151 3.1%246 Average Contract Rent $1,117 $64 Median Contract Rent $975 $15 No cash rent 2,520 6.8%435 Courthouse Shadows Rental Apartments │ Kite Realty Group │ 31 ESRI Demographic and Income Profile Percent 5.7% 6.1% 8.0% 12.3% 19.0% 13.4% 16.0% 6.7% 12.7% Demographic and Income Profile Summary Census 2010 2018 2023 Collier County, FL Prepared by Esri Collier County, FL (12021) Geography: County Households 133,179 152,265 167,090 Population 321,520 366,709 401,866 Average Household Size 2.38 2.38 2.38 Families 89,276 101,247 110,734 Renter Occupied Housing Units 37,020 44,317 44,962 Owner Occupied Housing Units 96,159 107,948 122,128 Trends: 2018 - 2023 Annual Rate Area State National Median Age 46.9 50.2 51.9 Households 1.88%1.36%0.79% Population 1.85%1.41%0.83% Owner HHs 2.50%1.91%1.16% Families 1.81%1.30%0.71% 2018 2023 Median Household Income 3.35%2.52%2.50% Number <$15,000 11,814 7.8%9,588 Households by Income Number Percent 10,194 $25,000 - $34,999 14,985 9.8%13,361 $15,000 - $24,999 12,289 8.1% 20,624 $50,000 - $74,999 28,977 19.0%31,824 $35,000 - $49,999 20,684 13.6% 22,394 $100,000 - $149,999 21,008 13.8%26,715 $75,000 - $99,999 18,833 12.4% 11,115 $200,000+15,185 10.0%21,275 $150,000 - $199,999 8,490 5.6% Median Household Income $61,684 $72,747 $116,367 Per Capita Income $40,758 $48,792 Average Household Income $97,081 Courthouse Shadows Rental Apartments │ Kite Realty Group │ 32 CONSULTANT POPULATION AND HOUSEHOLD ADJUSTMENTS Courthouse Shadows Rental Apartments │ Kite Realty Group │ 33 Source 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 US Census Population 332,556 339,483 348,216 357,194 366,095 372,880 385,335 399,691 414,603 430,795 447,538 Consultants Population Est 371,880 379,555 389,699 398,019 413,563 416,210 Census Forecast Annual Change 3.3%3.7%3.7%3.9%3.9% Consultants Forecast Annual Change 2.1%2.7%2.1%3.9%0.6% US Census Houshold Formations 138,755 139,563 142,636 145,194 147,758 151,401 155,253 162,623 170,112 178,851 186,419 Consultants Household Est 151,401 152,924 158,557 163,308 171,697 173,370 Census Forecasted Annual Change 2.5%4.7%4.6%5.1%4.2% Consultants Forecased Annual Change 1.0%3.7%3.0%5.1%1.0% Actual Forecast Meyers Research,a Kennedy Wilson Company,is a nation-wide research firm guiding real estate investors throughout the country.Our highly educated and experienced consulting staff believes in providing the highest quality service possible to our clients, which means completing the exact analysis they need.Based in Beverly Hills,we are home to over 140 experts in 10 offices across the country. Our company offers a unique research tool known as Zonda that offers an edge to our research with easy access real-time data at a local level across the United States.Our local Zonda database provides our team with a history of new and resale housing information,maps,comprehensive data,and many other metrics we use in our analyses to begin the reporting process with greater accuracy --quickly,accurately and cost- effectively --with on the ground and in person research.Zonda provides access to over 275 metrics influencing the housing industry including monthly and annual historical trends,future projections and real-time narrative reported by seasoned analysts across the country. Our senior executive team are thought leaders that individually have more than 30 years of experience in housing and real estate research.With our advisory services,we have navigated builders through different housing cycles and have a deep understanding of local markets.Our consulting team has a broad range of housing expertise and experience spanning the country including consumer research,feasibility studies, portfolio valuation,business planning,and custom research designed to make better decisions related to any real estate investment. Zonda and Our Research •Competitive Analysis throughout the Country •Exclusive Access to our Research & Consulting Executives •Metro Analysis & Housing Trends •Apartment Analysis & Forecast •Exclusive Client Events •Presentations & Webinars •Proprietary Surveys Advisory •For-Sale, Apartment, Commercial & Mixed Use •Resort & International Development •Strategic Direction & Planning •Home Builder Operations Assessment •Demand Analysis •Consumer Research & Focus Groups •Custom Economic Analysis & Forecasting •Litigation Support & Expert Witness •Financial Modeling •Project & Product Positioning Consumer and Product Strategy •Consumer and Product Insights •Tactical and Marketing Strategies •Product Design Advisory •Custom Consumer Research •Customer Shop Research APPENDIX Company Experience Courthouse Shadows Rental Apartments │ Kite Realty Group │ 34 Thank you! This analysis was prepared by Meyers Research, LLC, a Kennedy Wilson company. Courthouse Shadows Rental Apartments │ Kite Realty Group │ 35 Courthouse Shadows MPUD (PL20180003659) Activity Center #16 Exhibit V.E Public Facilities Level of Service Analysis June 18, 2019 Page 1 of 3 KRCSA Exhibit VE-rev2.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: The Courthouse Shadows project is a developed commercial development. The project currently authorizes up to 165,000 square feet of retail commercial space on 20.35± acres. To date, 147,000 square feet of commercial has been constructed within the project. The growth management plan amendment proposes to retain all of the commercial entitlements and to add a maximum of 300 multi-family dwelling units within the sub-district. The public facilities analysis evaluates the project impacts on potable Water, wastewater, drainage, parks, schools, roadways, fire/EMS, and solid waste. The source for the LOS information is the 2018 AUIR. Potable Water The property is located within the City of Naples potable water service area. Sanitary Sewer The subject project is located within the urban boundary with standards for Sanitary Sewer established in the Capital Improvement Element of the Collier County Growth Management Plan. Service to this area is provided by the south sewer service area of the Collier County Water and Sewer District. Sewer Demand: Proposed: Multi-family 300 x 100 gpd x 2.4 = 72,000 gpd Multi-family 300 x 100 gpd x 2.4 x 1.5 (max. 3-day) = 108,000 gpd Collier County LOS: 100 gpcd/(0.15) gpd/sf Permitted Capacity: 16 mgd Required Plant Capacity FY26: 16 mgd Data Source: Collier County 2018 AUIR Courthouse Shadows MPUD (PL20180003659) Activity Center #16 Exhibit V.E Public Facilities Level of Service Analysis June 18, 2019 Page 2 of 3 KRCSA Exhibit VE-rev2.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Arterial and Collector Roads Please refer to the Traffic Impact Statement for discussions of the project’s impact on level of service for arterial and collector roadways within the project’s radius of development influence. Drainage The County has adopted a LOS standard for private developments which requires development to occur consistent with water quantity and quality standards established in Ordinances 74 -50, 90-10, 2001-27, and LDC Ordinance 2004-41, as may be amended. The single project within the proposed subdistrict has been issued a surface water management permit by the South Florida Water Management District which has established criteria for the volume of water stored on site as well as the quality of the water which may be discharged from the site. The development within the subdistrict is consistent with the County LOS standards and will be consistent with basin discharge rates established by Collier County. Solid Waste The adopted LOS for solid waste is two years of lined cell capacity at the previous 3 year average tons per year disposal rate and 10 years of permittable landfill capacity of the disposal rate. There are no current capacity issues and none are anticipated through the year 2065. Existing: Retail 165,000 x 5 lbs/1,000 sq ft = 625 lbs/day x 365 = 228,125 lbs/year or 228.12 tons/year Proposed: Retail 165,000 x 5 lbs/1,000 sq ft = 625 lbs/day x 365 = 228,125 lbs/year or 228.12 tons/year Multi-family 400 x 0.54 tons per person x 2.4 = 518.4 tons Current landfill capacity in 2017 is anticipated to be 16,309,943 tons. Available Inventory as of July 2018: 18,710,256 tons Required Inventory as of July 2018: 311,996 tons Available Inventory as of July 2018: 2,916,440 tons Surplus Capacity as of July 2018: 15,477,436 tons Source: Collier County 2018 AUIR Cal Recycle Courthouse Shadows MPUD (PL20180003659) Activity Center #16 Exhibit V.E Public Facilities Level of Service Analysis June 18, 2019 Page 3 of 3 KRCSA Exhibit VE-rev2.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Parks: Community and Regional The proposed 300 multi-family dwellings will pay park impact fees to mitigate for their impacts on this public facility. No adverse impacts to Community or Regional Parks result from the creation of the subdistrict. Schools The proposed 300 multi-family dwellings will pay school impact fees to mitigate for their impacts. No adverse impacts to schools result from the creation of the subdistrict. Fire Control and EMS The proposed project lies within the Greater Naples Fire and Rescue District. No significant impacts to Fire Control level of service are anticipated due to the proposed project. Estimated impact fees for EMS and fire would be determined at time of SDP based on each unit. Sheriff, Fire Protection and EMS Services location/address of facilities intended to serve the project are; Greater Naples Fire and Rescue District - Station #22 4375 Bayshore Drive Collier County Sheriff Office 3319 Tamiami Trail E Collier County Sheriff District Three Substation 8075 Lely Cultural Parkway 0 4000'2000' SCALE: 1" = 4000' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 www.GradyMinor.com Fort Myers: 239.690.4380 SUBJECT PROPERTY City of Naples UTILITIES DEPARTMENT 295 RIVERSIDE CIRCLE ● NAPLES, FLORIDA 34102 TELEPHONE (239) 213-5051 ● FAX (239) 213-5010 Ethics above all else ... Service to others before self ... Quality in all that we do. Page 1 of 2 February 13, 2019 Mr. Richard DuBois, E.I. JR Evans Engineering 9351 Corkscrew Road, Ste 102 Estero, FL 33928 rdubois@jreeng.com Subject: Potable Water Service Availability for Courthouse Shadows Project Folio # 28750000028 – 3390 Tamiami Trail E. Folio # 28750000523 – 3420 Tamiami Trail E. Folio # 28750000769 Folio # 30480040100 – 3260 Tamiami Trail E. Dear Mr. DuBois: In response to the request for a Letter of Availability for potable water service for the proposed Courthouse Shadow’s Project received via email on February 13, 2019, this office has reviewed the subject site for available potable water service. Based on the referenced information and review, this office confirms the following: 1. The subject property is located within the City of Naples potable water service area. 2. The City of Naples has adequate treatment plant capacity for the proposed project. 3. The proposed improvements must meet current City of Naples Utilities Standards and must be submitted to the Utilities Department for review and approval. 4. Should the scope of proposed project change to impact City utility services, the project’s engineer of record shall remain responsible to contact the City for appropriate review s and analysis. This letter does not imply or guarantee that adequate potable water distribution main facilities of sufficient size and capacity exist at the property; such utilities as may be needed for new site development shall remain the developer’s responsibility to design, permit and construct. Based on the above, this office has no objections to this project subject to appropriate reviews by all utility service providers (including the City of Naples), Collier County, and the Fire District. Ethics above all else ... Service to others before self ... Quality in all that we do. Page 2 of 2 Should you have any questions or require any additional information or action from this office, please do not hesitate to call this office at (239) 213-4713 or email amholland@naplesgov.com. Sincerely, Allyson Holland, PE Deputy Utilities Director C: Denise King, Utilities Permit Coordinator 1 Sharon Umpenhour From:Clark, Mark <Mark.Clark@dot.state.fl.us> Sent:Tuesday, June 11, 2019 10:53 AM To:Kristina Johnson Cc:Chase Williston; Rob Sucher Subject:RE: Courthouse Shadows - FDOT Safety Audit of 2015 Kristina, In review of the tentative 5-year work program (2020-2024), I show the following project are within the area of your project: 1. Resurfacing project- US 41 from SR 84 (Davis Blvd) to Courthouse Shadows 2. Intersection safety project - US 41 and Peters Street / Airport Pulling Road I can’t provide the exact years as the work program is tentative and has not been adopted yet, but these are the projects I’m showing right now. I would also add, there may be additional off-site improvements on US 41 directly related to this project, this review would occur at the time of permitting, when the department has an opportunity to review the proposed site plan, traffic impact study and intersection analysis. Hope this information is helpful, if you have any other questions, feel free to contact me. Mark Clark Access Management Specialist FDOT SWIFT SunGuide Center 10041 Daniels Parkway Fort Myers, Florida 33913 mark.clark@dot.state.fl.us (239) 225 -1984 From: Kristina Johnson [mailto:KJohnson@jreeng.com] Sent: Tuesday, June 04, 2019 12:15 PM To: Clark, Mark <Mark.Clark@dot.state.fl.us> Cc: Chase Williston <cwilliston@johnsondevelopment.net>; Rob Sucher <rsucher@johnsondevelopment.net> Subject: Courthouse Shadows - FDOT Safety Audit of 2015 2 EXTERNAL SENDER: Use caution with links and attachments. Mark, I hope all is well. If you recall I am working with a multi-family client on re-zoning the Courthouse Shadows property in Naples to include residential. As part of our re-zoning the County asked about any proposed FDOT improvements along US-41 and Peters, specifically from the attached Safety Audit, we need to align with or show. If you recall, you and I discussed some access improvements to the northernmost access from Courthouse Shadows to US-41, see attached email correspondence, which is fairly wide (approximately 130’). Specifically we discussed retrofitting this driveway when the project comes in for permitting. I’m not sure it would be appropriate to show anything in our re-zoning for this access since we haven’t agreed on a design yet and we probably will not submit the FDOT permit until after the zoning is approved. Other than the improvements to the northernmost access can you please let me know if FDOT has any other improvements proposed in this area that would be beneficial to show in our re-zoning? I appreciate your help and feel free to reach out with any questions. Thanks, Kristina M. Johnson, P.E. Director of Land Development J.R. Evans Engineering, P.A. 9351 Corkscrew Road, Suite 102 Estero, Florida 33928 o: 239.405.9148 c: 239.285.6999 www.jrevansengineering.com COPYRIGHT AND DISCLAIMER PROVISION: This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s) and may contain information that is confidential or privileged. If this e-mail is not addressed to you (or if you have any reason to believe that it is not intended for you), please notify the sender by return e-mail. The electronic data contained herein may be subject to change without notice. The responsibility for the accuracy of current conditions and/or digital transfers is solely that of the user. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) Rev. 6/9/2017 Page 1 of 2 S13,11 n GMP and PUD Amendment Courthouse Shadows CPUD - S12 T50 R25 See attached list See attached list Courthouse Shadows CPUD Courthouse Shadows MPUD COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please Return Approved Checklist By: Email Personally picked up Applicant Name: Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number Approved by: Date: Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Fax Email/Fax:Phone: Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Rev. 6/9/2017 Page 2 of 2 1/11/2019 See Attached Courthouse Shadows n Sharon Umpenhour 239-947-1144 sumpenhour@gradyminor.com ParcelID 28750000028 28750000523 28750000727 28750000743 28750000769 30480040100 00391520008 00391440007 Name1 KRG COURTHOUSE SHADOWS LLC KRG COURTHOUSE SHADOWS LLC SOUTHERN MANAGEMENT CORP MK REALTY 3440 TAMIAMI TRL LLC KRG COURTHOUSE SHADOWS LLC KRG COURTHOUSE SHADOWS LLC CHRISSY'S AT COURTHOUSE SUNSHINE REAL ESTATE HLDS LLLP StreetNumber 3290 3420 3400 3440 3260 3340 3396 FullStreet TAMIAMI TRL E TAMIAMI TRL E TAMIAMI TRL E TAMIAMI TRL E TAMIAMI TRL E TAMIAMI TRL E TAMIAMI TRL E T A MIA MI T R L EAIRPORT PULLING RD SSource: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS User Community Courthouse Shadows CPUDAerial Location Map SubjectProperty . 590 0 590295 Feet Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com April 17, 2019 RE: Neighborhood Information Meeting (NIM) Petitions PL20180003659 (GMPA), Courthouse Shadows GMP Amendment and PL20180003658 (PUDA), Courthouse Shadows CPUD Amendment Dear Sir or Madam: A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich and Koester, P.A., representing KRG Courthouse Shadows, LLC (Applicant) will be held on: Tuesday, May 7, 2019, 6:00 pm at the Bayshore Gateway Triangle CRA Advisory Board Meeting, Naples Botanical Garden Buehler Auditorium, 4820 Bayshore Drive, Naples, Florida 34112 KRG Courthouse Shadows, LLC has submitted formal applications to Collier County, seeking approval of a Small-Scale Growth Management Plan (GMP) Amendment and a Commercial Planned Unit Development (CPUD) Amendment. The GMP amendment proposes to revise language of the Activity Center Subdistrict in the Future Land Use Element to allow an additional 12.8 units per acre within 10 acres of the Courthouse Shadows PUD. The CPUD amendment application is a companion application to the GMP amendment and proposes to amend the 20.35+/- acre Courthouse Shadows PUD to add a development option to construct a maximum of 300 multi-family dwelling units. The subject property (Courthouse Shadows MPUD) is comprised of approximately 20.35± acres, located the southeast corner of the intersection of Tamiami Trail East (U.S. 41) and Airport Road in Sections 11, 12, 13, Township 50 South, Range 25 East, Collier County, Florida. The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. Project information is posted online at www.gradyminor.com/planning. If you have questions or comments, they can be directed by mail, phone, fax or e-mail to: sumpenhour@gradyminor.com, phone 239-947-1144, fax 239-947-0375, Q. Grady Minor and Associates, P.A., 3800 Via Del Rey, Bonita Springs, Florida 34134. Sincerely, Sharon Umpenhour Senior Planning Technician RE: Neighborhood Information Meeting (NIM), Petitions PL20180003659 (GMPA), Courthouse Shadows GMP Amendment and PL20180003658 (PUDA), Courthouse Shadows CPUD Amendment April 17, 2019 Page 2 of 2 Project Location Map: PL20180003658 and PL20180003659 500' 3/25/2019 1 NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 2947 PETERS AVE INVESTMENT LLC 2210 VANDERBILT RD ATE 1201 NAPLES, FL 34109---0 EASTGATE BLK A LOTS 6 + 7 OR 767 PG 1684 3230 TAMIAMI LLC 4980 TAMIAMI TRAIL N STE 201 NAPLES, FL 34103---0 EASTGATE BLK B LOTS 9 + 10 3230 TAMIAMI LLC 4980 TAMIAMI TRAIL N STE 201 NAPLES, FL 34103---0 EASTGATE BLK B LOTS 7 + 8 3230 TAMIAMI LLC 4980 TAMIAMI TRAIL N STE 201 NAPLES, FL 34110---1416 EASTGATE BLK B LOTS 1-6 INCL 15FT ALLEY LESS R/W DESC IN OR 107 PG 449 3550 SOUTH TRAIL 3550 TAMIAMI TRL E NAPLES, FL 34112---0 13 50 25 COMM NW CNR SEC 13,E 331.37FT, S 281.88FT, N 89 DEG E 420FT TO POB, E 286.03FT, SWLY 129.90FT, W ADDORIO, JOHN 3339 BASIN ST NAPLES, FL 34112---5959 SABAL SHORES OF BLK F LOT 39 LESS N 15FT, AND LOT 38 ADELA, ARIEL SOCARRAS 3420 CALOOSA ST NAPLES, FL 34112---5932 SOUTH TAMIAMI HGTS BLK D LOT 15 OR 544 PG 250 AREA REALTY FLORIDA TWO LLC % AJS REALTY GROUP INC 4980 TAMIAMI TR N #201 NAPLES, FL 34103---0 SOUTH TAMIAMI HGTS BLK A LOT 4 & 5 AREA REALTY FLORIDA TWO LLC % AJS REALTY GROUP INC 4980 TAMIAMI TR N #201 NAPLES, FL 34103---0 SOUTH TAMIAMI HGTS BLK A LOT 3 AREA REALTY FLORIDA TWO LLC % AJS REALTY GROUP INC 4980 TAMIAMI TRL N #201 NAPLES, FL 34103---0 SOUTH TAMIAMI HGTS BLK A LOTS 25 & 26 AREA REALTY FLORIDA TWO LLC % AJS REALTY GROUP INC 4980 TAMIAMI TRL N #201 NAPLES, FL 34103---0 SOUTH TAMIAMI HGTS BLK A LOT 27 AREA REALTY FLORIDA TWO LLC %AJS REALTY GROUP INC 4980 TAMIAMI TR N #201 NAPLES, FL 34103---0 SOUTH TAMIAMI HGTS BLK A LOT 1 AREA REALTY FLORIDA TWO LLC %AJS REALTY GROUP INC 4980 TAMIAMI TR N #201 NAPLES, FL 34103---0 SOUTH TAMIAMI HGTS BLK A LOT 2 AREA REALTY FLORIDA 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OF CANAL OR 806 PG 876 WAL-MART STORES EAST LP TAX DEPT PO BOX 8050 MS-0555 STORE #1119 BENTONVILLE, AR 72716---1 12 50 25 THAT PART OF SEC 12 AND 13 DESC IN OR 1766 PG 2234 WASSBERG, PAUL R 3250 COLLEE CT NAPLES, FL 34112---5920 HALDEMAN CANAL HOMESITES LOT 4 PLAT DB 38-110 OR 1435 PG 2197 POList_500_PL20180003658.xls PROOF O.K.BY:_____________________________O.K.WITH CORRECTIONS BY:___________________________ PLEASE READ CAREFULLY •SUBMIT CORRECTIONS ONLINE ADVERTISER:Q.GRADY MINOR &ASSOCIA PROOF CREATED AT :4/11/2019 12:38 PM SALES PERSON:NDN7103 PROOF DUE:- PUBLICATION:ND-DAILY NEXT RUN DATE:04/18/19 SIZE:3 col X 9.25 in ND-2267929.INDD ND-2267929 NOTICE OF NEIGHBORHOOD INFORMATION MEETING Petitions PL20180003659 (GMPA),Courthouse Shadows GMP Amendment and PL20180003658 (PUDA),Courthouse Shadows CPUD Amendment A Neighborhood Information Meeting hosted by D.Wayne Arnold,AICP, of Q.Grady Minor and Associates,P.A.and Richard D.Yo vanovich,Esq. of Coleman,Yo vanovich and Koester,P.A.,representing KRG Courthouse Shadows,LLC (Applicant)will be held on: Tu esday,May 7,2019,6:00 pm at the Bayshore Gateway Tr iangle CRA Advisory Board Meeting,Naples Botanical Garden Buehler Auditorium, 4820 Bayshore Drive,Naples,Florida 34112 KRG Courthouse Shadows,LLC has submitted formal applications to Collier County,seeking approval of a Small-Scale Growth Management Plan (GMP)Amendment and a Commercial Planned Unit Development (CPUD) Amendment.The GMP amendment proposes to revise language of the Activity Center Subdistrict in the Future Land Use Element to allow an additional 12.8 units per acre within 10 acres of the Courthouse Shadows PUD.The CPUD amendment application is a companion application to the GMP amendment and proposes to amend the 20.35+/-acre Courthouse Shadows PUD to add a development option to construct a maximum of 300 multi-family dwelling units. The subject property (Courthouse Shadows MPUD)is comprised of approximately 20.35±acres,located the southeast corner of the intersection of Ta miami Tr ail East (U.S.41)and Airport Road in Sections 11,12,13,To wnship 50 South,Range 25 East,Collier County,Florida. The Neighborhood Information Meeting is for informational purposes only,it is not a public hearing.Project information is posted online at www.gradyminor. com/planning.If you have questions or comments,they can be directed by mail,phone,fax or e-mail to:sumpenhour@gradyminor.com,phone 239- 947-1144,fax 239-947-0375,Q.Grady Minor and Associates,P.A.,3800 Via Del Rey,Bonita Springs,Florida 34134. ·1 ·2 ·3 ·4 ·5 ·6 ·7 ·8 ·9 10 11 12· · · COURTHOUSE SHADOWS MPUD NEIGHBORHOOD INFORMATION MEETING 13· · · · · · · · PL20180003658 and PL20180003659 14· · · · · · · · · · · · · MAY 7, 2019 15 16 17 18 19 20 21 22 23 24 25 Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 · YVer1f ·1· · · · · · · ·(Recorded meeting as follows:) ·2· · · · · · · ·MR. ARNOLD:· Good evening, everybody. ·3· · · · · · · ·THE SPEAKERS:· Good evening. ·4· · · · · · · ·MR. ARNOLD:· Is this working?· Can you hear me? ·5· · · Okay.· I'll try to use it and talk as loud as I can.· We're ·6· · · going to go ahead and get started.· I know the regular CRA ·7· · · advisory board meeting begins at 6:30. ·8· · · · · · · ·THE SPEAKER:· We can't hear you. ·9· · · · · · · ·MR. ARNOLD:· It's not working now?· Maybe I just 10· · · need to talk loud. 11· · · · · · · ·THE SPEAKER:· I don't think it's on. 12· · · · · · · ·MR. ARNOLD:· The green light is on.· I'll try to 13· · · talk loud and then hopefully it amplifies enough.· I'm Wayne 14· · · Arnold and I'm with Grady Minor & Associates.· I'm 15· · · representing Kite Realty who are the owners of the 16· · · Courthouse Shadows shopping center and I'll make some 17· · · introductions.· This is Sharon Umpenhour who's taping the 18· · · meeting.· She is with our office.· And we're required to 19· · · create an audio-tape or a videotape of the meeting and 20· · · provide those to the planning commission and staff and the 21· · · Board of County Commissioners. 22· · · · · · · ·And with me tonight I have Doug Kirby who's with 23· · · Kite Realty.· Some of you probably know him.· Doug's in the 24· · · back of the room there.· Rob Sucher is with Johnson 25· · · Development.· Johnson is under contract to buy the portion Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 2 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · that will be developed for residential units.· And Christina ·2· · · Johnson from JRE Engineering.· She's the engineer of record ·3· · · for the project.· Rich Yovanovich many of you know, a local ·4· · · attorney.· And Jim Banks is our traffic engineer who's ·5· · · working on the project. ·6· · · · · · · ·So this is -- the property is zoned a planned unit ·7· · · development.· It was zoned many years ago.· It's been ·8· · · developed with obviously the shopping center that's there. ·9· · · Most of the storefronts are vacant except for Wild Wings and 10· · · a couple of the outparcels.· So we're proposing to modify 11· · · the zoning to add an option for residential development. 12· · · And that means that we're not taking away what was formerly 13· · · approved most recently for the Sam's Club, big box type 14· · · store, but we're inserting a new master plan and an option 15· · · for development of up to 300 dwelling units on a good 16· · · portion of the property, a little over 18 acres of the 20 17· · · point something acre project to be developed with 18· · · residential. 19· · · · · · · ·Subject property, I'm sure all of you are familiar 20· · · what that is.· It's just located at the intersection of 21· · · Airport and U.S. 41.· It is in your CRA boundary, which is 22· · · why we thought it would be important to come here tonight to 23· · · talk to you because many of you gather for the CRA.· So we 24· · · wanted you to be aware of something that's going on in your 25· · · redevelopment area.· This is also an activity center number Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 3 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · 16 on the county's future land use map.· The area in pink is ·2· · · the activity center boundary.· It's a unique configuration, ·3· · · but it includes the shopping center as well as the ·4· · · government center and other things along the Airport and ·5· · · U.S. 41 intersection. ·6· · · · · · · ·What we're also proposing to do is a comprehensive ·7· · · plan amendment to this activity center and we are ·8· · · identifying a 10 acre portion.· So we qualify for what's ·9· · · called a small-scale plan amendment so we can add increased 10· · · density to get up to the 300 dwelling units that we need to 11· · · develop the property for the multiple-family apartments 12· · · on-site.· So you can see that in what just popped up like 13· · · that.· The 10 acre area where we're asking for the increased 14· · · density so that we can qualify for simple density is here. 15· · · It takes up a good portion of the site. 16· · · · · · · ·But you have a policy in your comprehensive plan 17· · · that says activity centers where you have areas that are 18· · · subject to coastal high hazard flooding areas can only get 19· · · four dwelling units per acre.· So we're proposing to 20· · · increase the density from four units an acre above that and 21· · · then utilize up to 97 of the bonus pool units that came off 22· · · the botanical garden property to develop up to 300 units 23· · · here.· This is the approved master plan and this one will 24· · · remain in tact.· It shows a large full map retail and 25· · · parking with the outparcels.· And that was developed for Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 4 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · what was going to be a Sam's Club. ·2· · · · · · · ·This is our proposed master plan and we changed it ·3· · · a little bit.· We've taken off the building configuration ·4· · · because Johnson Development is still working through and I'm ·5· · · going to show you some concepts of how the buildings could ·6· · · be arranged, but it is the concept at this point so we're ·7· · · leaving this open.· So areas that are identified thus far on ·8· · · the plan is the areas where residential could be ·9· · · constructed.· Those are areas called C/R you can see here 10· · · and those are parcels that are owned by Kite Realty, 11· · · including the Starbucks on the corner.· That would be 12· · · included in the sale, but obviously Starbucks would stay, 13· · · but we're including as a C/R mixed use parcel, if you will, 14· · · because that would be something that all of the developer 15· · · would control. 16· · · · · · · ·So the access points remain the same onto U.S. 41. 17· · · That's a signalized intersection and then we have a right 18· · · in, right out closer to Airport Road.· And then the other 19· · · access point that's located closer to Haldeman Creek.· One 20· · · access point on Peters that's closed off and then the access 21· · · at Starbucks would remain.· You can see that we've arranged 22· · · water management areas conceptually on the site keeping the 23· · · -- it's very similar to the design that was being used for 24· · · the Sam's Club.· I know the county and everybody is 25· · · concerned about the discharge to Haldeman Creek. Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 5 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · · · · · ·If you have questions, Christina Johnson can answer ·2· · · some questions about drainage if you have them.· One of the ·3· · · things because of the residential component that Johnson ·4· · · would like to do is to bring Haldeman Creek into play by ·5· · · putting in probably some sort of kayak launch, a dock or ·6· · · something to activate the waterfront so that the residents ·7· · · would have some option for utilizing the creek.· And the ·8· · · property itself includes Haldeman Creek, so it is within our ·9· · · project boundary.· One small preserve area has been 10· · · indicated as being preserved as an option already in the PUD 11· · · to go off-site to mitigate for that should we need to.· So 12· · · that's kind of a snapshot of what their plan is at least 13· · · from the zoning plan standpoint. 14· · · · · · · ·We are asking for several new deviations.· There 15· · · were several deviations required for the big box club. 16· · · We're asking for other deviations that will allow us to 17· · · navigate and you know, residential on the property.· Some 18· · · relate to signage.· Right now the county doesn't really have 19· · · a standard for having a mixed-use project to have 20· · · residential identification signage, for instance, on what 21· · · otherwise would be a directory sign for the commercial user 22· · · as well.· So for instance, that's one of the deviations 23· · · we've requested. 24· · · · · · · ·All this will be available on-line if anybody wants 25· · · to take a look at it.· And Sharon has business cards up Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 6 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · there.· You can go to our web site.· We have linked a ·2· · · presentation that we show you for our neighborhood ·3· · · information meetings if would like to look at those in more ·4· · · detail.· One of the site plan arrangements that we're ·5· · · looking at is this.· And you can see building footprints, ·6· · · but you know, what remains would be Starbucks.· The other ·7· · · outparcels that are existing, you have the gas station.· You ·8· · · have the Healthy Cafe, Dunkin Donuts and whatever will ·9· · · become of the Burger King would all remain and those are 10· · · separate and apart from the mixed-use proposal. 11· · · · · · · ·But this plan highlights a little bit better. 12· · · These hashed areas become water management areas, for 13· · · instance.· It's likely that they're going to have 14· · · single-story garage parking available for some of the 15· · · buildings.· Some of the amenities will likely be within the 16· · · residential buildings and it wouldn't be just a stand-alone 17· · · clubhouse type building.· Most likely this is going to be 18· · · their sales and leasing office and some of the recreational 19· · · component.· Potential dog park down in here close to 20· · · Haldeman Creek, typical features that you see for a lot of 21· · · multi-family projects now. 22· · · · · · · ·This puts it on an aerial photograph and I know 23· · · it's probably a little more difficult to read, but at least 24· · · it shows you how that's going to relate to the neighborhood. 25· · · We're trying very hard to respect the homes that are on Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 7 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · Collee Court and Peters that are adjacent to us.· With that, ·2· · · that's a very brief overview and I'm happy to answer ·3· · · questions.· Like I said, we have our team here that can ·4· · · answer specific questions you have and I'll try to do that. ·5· · · All I ask is that we take them one at a time and we need to ·6· · · be clear.· They don't like us to talk over each other ·7· · · because it's really hard to hear if somebody wants to listen ·8· · · to the audio tape and it's hard for transcription.· So I'll ·9· · · just start right here in the front row. 10· · · · · · · ·THE SPEAKER:· Is there going to be no commercial on 11· · · the bottom? 12· · · · · · · ·MR. ARNOLD:· The question was is there not going to 13· · · be commercial on the bottom?· And I don't believe it's the 14· · · intent of Johnson Development to have mixed-use in one 15· · · building.· The residential buildings would be separate. 16· · · They'll obviously be connected by pedestrian access points 17· · · and driveways to the remaining outparcels.· I saw a hand up 18· · · over here.· Yes, sir? 19· · · · · · · ·THE SPEAKER:· I see that the plan that you got 20· · · there shows the line going all the way over to the other 21· · · bank across from Bobby Cayden's property.· You own the 22· · · right-of-way all the way across Haldeman Creek? 23· · · · · · · ·MR. ARNOLD:· We do.· Haldeman Creek exists as a 24· · · drainage easement across Kite's property. 25· · · · · · · ·THE SPEAKER:· Okay.· So they're granted an easement Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 8 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · across the property? ·2· · · · · · · ·MR. ARNOLD:· Yeah, there's an easement in favor of ·3· · · -- I'm not sure who all the parties are.· I know Collier ·4· · · County is one of the entities for Haldeman Creek, uh-huh. ·5· · · · · · · ·THE SPEAKER:· That would be Poley. ·6· · · · · · · ·MR. ARNOLD:· I'm sorry.· I didn't hear the last ·7· · · part. ·8· · · · · · · ·THE SPEAKER:· That would be Poley. ·9· · · · · · · ·MR. ARNOLD:· Poley, thank you.· I saw a hand over 10· · · here. 11· · · · · · · ·THE SPEAKER:· Yeah. 12· · · · · · · ·MR. ARNOLD:· Yes, sir? 13· · · · · · · ·THE SPEAKER:· You've indicated that the development 14· · · is 20.35 acres, but there are 2.68 acres which are submerged 15· · · land, Parcel P that is owned by Kite.· Is that subtracted 16· · · from the developable area?· If it is, it only leaves about 17· · · 17 acres on which to site 300 homes and park 450 18· · · automobiles.· That constitutes in one acre 17 homes and 25 19· · · automobiles on one acre of developable land and I think 20· · · that's far too intense. 21· · · · · · · ·MR. ARNOLD:· Thank you.· I'm not going to dispute 22· · · your numbers, but I think it's a little over 18 acres that 23· · · Johnson Development is buying for the 300 units so the 24· · · density is a little less than you stated.· It's probably 25· · · closer to 16 units per acre overall, just so you know. Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 9 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · · · · · ·THE SPEAKER:· Okay, I'm a car and half off. ·2· · · · · · · ·MR. ARNOLD:· Just so you know, activity centers in ·3· · · Collier County are encouraged to be the areas where we have ·4· · · high density residential and more intense commercial uses. ·5· · · And almost everywhere else in the county activity centers ·6· · · are allowed up to 16 units per acre residential density. I ·7· · · know that sounds like a high number, but it is what our ·8· · · comprehensive plan says that you can have.· And then our ·9· · · comprehensive plan will ensure (inaudible).· Yes? 10· · · · · · · ·THE SPEAKER:· I think better use of that property 11· · · would be as part of the government center and that should be 12· · · explored.· In addition to that, a mix of commercial and 13· · · residential might be more appropriate because of the traffic 14· · · volume at that intersection amongst other problems. 15· · · · · · · ·MR. ARNOLD:· So noted.· Thanks for the comment. 16· · · Anybody not -- yes, ma'am, back here? 17· · · · · · · ·THE SPEAKER:· What types of units and what price 18· · · range? 19· · · · · · · ·MR. ARNOLD:· Well, they are proposed to be rental 20· · · apartments. 21· · · · · · · ·THE SPEAKER:· Rental apartments? 22· · · · · · · ·MR. ARNOLD:· Yes, they're rental apartments.· And I 23· · · don't know if we have a price point yet.· I'm sure Rob can 24· · · indicate some of the price ranges that they're looking at, 25· · · but they're expected to be market-rate housing.· And you Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 10 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · know, price points will be commensurate with the market in ·2· · · the area.· Yes, sir? ·3· · · · · · · ·THE SPEAKER:· What's the anticipated square footage ·4· · · per unit? ·5· · · · · · · ·MR. ARNOLD:· Rob, do you have some thoughts on ·6· · · that? ·7· · · · · · · ·MR. SUCHER:· Yeah, I do.· I'll speak to everything, ·8· · · bounce back and forth.· Good evening, everyone.· This is Rob ·9· · · Sucher with Johnson Development and I'll try and answer your 10· · · specific questions.· We're also going to go stay a little 11· · · bit afterwards with the site plan just kind of on a larger 12· · · scale, larger scale on the site plan -- Did you guys hear 13· · · that?· I'll try to be loud here -- that you can see in a 14· · · little bit more detail if someone wants to take a look at 15· · · the plan after the meeting specifically.· The size of the 16· · · units, so we have not -- we're at an early stage right now 17· · · so we have not moved into full scale design at this point. 18· · · Typically in the market, you're going to see about an 19· · · average of 1,000 square feet.· It's a mix of one bedroom to 20· · · three bedroom units.· So it will be plus or minus 1,000 21· · · square feet, most likely, in the market.· Yeah, go ahead. 22· · · · · · · ·THE SPEAKER:· The development has over 730 lineal 23· · · feet of frontage on Haldeman Creek and I see you did very 24· · · little to explaining what the development will be there. 25· · · Will there be parking and boat dockage and common areas Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 11 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · along that waterfront property?· And I think it's an asset ·2· · · that should be utilized by the developer. ·3· · · · · · · ·MR. SUCHER:· I could not agree more.· It is one of ·4· · · the most exciting things we have on this project ·5· · · specifically.· There's no existing community within Collier ·6· · · County on the rental side that does have the opportunity for ·7· · · canal activation.· So that is exactly what we look for and ·8· · · hope to be able to achieve.· Unfortunately, it is not just a ·9· · · county approval.· It actually has to go through U.S. Army 10· · · Corp.· So that is a lengthy process that we're going to be 11· · · doing concurrent to zoning application, but it is absolutely 12· · · our intent to activate that canal.· We would be the first 13· · · ones of the incredible disappointment to the project if we 14· · · were not to be able to achieve that.· So it's 100 percent in 15· · · the plans. 16· · · · · · · ·THE SPEAKER:· It is. 17· · · · · · · ·MR. ARNOLD:· I saw a hand up over there somewhere, 18· · · didn't I?· Okay.· Yes ma'am, go right ahead. 19· · · · · · · ·THE SPEAKER:· The 300 units, though, it's going to 20· · · take what, 600 cars?· There's already in the winter a 21· · · traffic jam there. 22· · · · · · · ·THE SPEAKER:· There's a bottle-neck. 23· · · · · · · ·MR. ARNOLD:· One at a time, please.· One comment at 24· · · a time. 25· · · · · · · ·THE SPEAKER:· In the mornings I live on the creek Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 12 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · so I come out by Seminole.· Actually, by Cardella's Law ·2· · · Offices.· I have to make a u-ie.· They're backed up halfway ·3· · · down Guilford every morning already in the summer.· What's ·4· · · it going to be with 600 more cars? ·5· · · · · · · ·MR. ARNOLD:· Right.· Well, I think part of the ·6· · · issue and we have our traffic engineer here, I mean, you ·7· · · have to remember that today they could refill the shopping ·8· · · center with 165,000 square feet retail space that generates ·9· · · far more trips than the residential trips.· So that's how 10· · · the traffic comparison was made and that's how the staff is 11· · · evaluating it based on retail versus residential.· Someone 12· · · who hasn't asked a question.· Sir, in the back? 13· · · · · · · ·THE SPEAKER:· That is the third busiest 14· · · intersection in Collier County.· There are 90,000 cars at 15· · · peak season on 41 East and 35 -- 55,000 on Airport Road 16· · · going south.· That is a bottle-neck from the four corners 17· · · downtown Naples to Rattlesnake Hammock Road, if not further. 18· · · And adding 600 cars to that mix is going to be a mistake, I 19· · · believe, because currently I have witnessed emergency 20· · · vehicles that are delayed in their response at that 21· · · intersection. 22· · · · · · · ·MR. ARNOLD:· Thank you.· Yes, ma'am?· Oh, it's 23· · · Anita.· I couldn't see because of the light.· Sorry about 24· · · that. 25· · · · · · · ·THE SPEAKER:· Given that you have a lot of Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 13 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · multi-family here and a large employer, have you had any ·2· · · considerations for pedestrian improvements to help them ·3· · · cross the street at all?· Did staff ask you to consider ·4· · · that, how you move pedestrians around that area? ·5· · · · · · · ·MR. ARNOLD:· I don't think we've gotten quite that ·6· · · far, Anita, talking about all pedestrian interconnections. ·7· · · I mean, I think that's one of the things that attracts ·8· · · Johnson to this site is that you've got a large employment ·9· · · center at the government center next door.· You've got the 10· · · CAT transfer facility that's immediately across the street. 11· · · We have a traffic signalized intersection at both Airport 12· · · and at the entrance on U.S. 41 that does provide at least 13· · · for safe passage for people to cross the street to get to 14· · · and from work and shopping.· So I'm sure we'll be dialoguing 15· · · more with the transportation staff on that.· Yes, ma'am? 16· · · · · · · ·THE SPEAKER:· How many stories are each unit going 17· · · to be? 18· · · · · · · ·MR. ARNOLD:· Well, each unit will probably be a 19· · · single-story unit.· I don't know that they've settled on the 20· · · maximum number of stories for the project.· I can tell you 21· · · what we're asking for, for height for zoning, but I need to 22· · · put my glasses on to see that to make sure I read it 23· · · properly.· So for the multi-family we're asking for a zoned 24· · · height of 65 feet and an actual height of 70 feet.· That 25· · · probably translates into a maximum of five stories, I would Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 14 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · think, Rob, you know, most likely.· So that's what we're ·2· · · proposing.· Stand-alone amenity buildings would be 35 feet ·3· · · zoned, 45 feet actual height.· Yes, ma'am? ·4· · · · · · · ·THE SPEAKER:· There was a conversation with the ·5· · · previous plans that you had about fire suppression.· So to ·6· · · handle 300 units, plus units, how are you going to implement ·7· · · the same kind of thing with the water?· There was supposed ·8· · · to be some kind of a storage tank.· Does anybody have -- ·9· · · · · · · ·MR. ARNOLD:· Christina, the question relates to 10· · · fire suppression and I don't know the answer to that. 11· · · · · · · ·MS. JOHNSON:· We had -- Christina Johnson, JRE 12· · · Engineering.· I'm not aware of the specifics of what was 13· · · approved previously for fire suppression.· But I have had 14· · · preliminary conversations with the City of Naples on the 15· · · water supply to the site and we have not seen anything that 16· · · appeared to be an issue.· It is a different use as a 17· · · residential use instead of a big box commercial.· So there 18· · · could perhaps have been a different requirement for the 19· · · commercial building.· So I'm not aware of any issues. 20· · · · · · · ·MR. ARNOLD:· Thank you.· Yes, sir? 21· · · · · · · ·THE SPEAKER:· The deviation on that fire 22· · · suppression was that where Starbucks is they were putting in 23· · · a water storage tank with a pump in order to supply water to 24· · · extinguish the fire if the Sam's Club was built there 25· · · because they could not suppress the fire with the water that Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 15 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · was supplied by the city and the size of the line that the ·2· · · city was supplying to that area.· Now you are going to be ·3· · · doing residential areas, too, but only one is going to be ·4· · · going off at a time. ·5· · · · · · · ·MR. ARNOLD:· I'm going to let Doug Kirby try to ·6· · · address that.· He's the owner of the property. ·7· · · · · · · ·MR. KIRBY:· So the issue with Sam's Club is their ·8· · · occupancy and their building code standard is a high pile ·9· · · storage.· It's got a much denser requirement for fire 10· · · suppression.· Before the CRA provided the funds for the city 11· · · to operate the water system on Collee Court it was 12· · · borderline with Sam's on whether they needed the tank or 13· · · not.· The models that were being drawn at the time when 14· · · Sam's pulled out, excuse me, was that because of the 15· · · improvements funded by the CRA, they weren't going to need 16· · · it.· And the fire demands for residential building are much 17· · · less than a high piled storage calculated. 18· · · · · · · ·MR. ARNOLD:· Sir, I'm going to go to somebody else 19· · · who hasn't asked a question yet and I'll come back to you 20· · · gladly.· Yes? 21· · · · · · · ·THE SPEAKER:· The common areas docks, are the 22· · · residents going to be able to have boats there or just 23· · · kayaks and canoes and things like that? 24· · · · · · · ·THE SPEAKER:· No boats. 25· · · · · · · ·MR. ARNOLD:· I think the idea is that it would be Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 16 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · paddle boards, kayaks, canoes, sort of those types of ·2· · · things.· I don't expect to be motorized transportation ·3· · · there.· I think as Rob mentioned, it's looking to activate ·4· · · that and that would make the most (inaudible).· I saw ·5· · · another hand back here.· Yes, sir? ·6· · · · · · · ·THE SPEAKER:· Are they going to try to clean it up? ·7· · · I grew up there.· When I was a kid we used to swim in there, ·8· · · but I wouldn't wade in there now where we live.· And a lot ·9· · · of it is coming from Sam's, their parking lot and all. 10· · · · · · · ·MR. ARNOLD:· Yeah, I think a lot of that does 11· · · filter down from north of U.S. 41, you are correct.· And I'm 12· · · sure that Johnson will be happy to clean it up.· I think 13· · · they want it to be a positive amenity for the community. 14· · · · · · · ·THE SPEAKER:· Also with the water, I live across 15· · · the street from Bobby Cayden.· When his house burned I 16· · · didn't even have enough water pressure to shoot my hose up 17· · · on my roof. 18· · · · · · · ·MR. ARNOLD:· Well, I can assure you that Christina 19· · · Johnson, our engineer, will look at that.· I know that the 20· · · city has made some improvements to the water supply system 21· · · over the last couple of years.· And hopefully -- 22· · · · · · · ·THE SPEAKER:· I still don't have any water pressure 23· · · where I live. 24· · · · · · · ·MR. ARNOLD:· Yes, sir? 25· · · · · · · ·THE SPEAKER:· Getting back to the density bonus, Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 17 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · you said 96 units or whatever? ·2· · · · · · · ·MR. ARNOLD:· The bonus units we're eligible to use ·3· · · up to 97 units in the bonus pool. ·4· · · · · · · ·THE SPEAKER:· Is that a pool for the CRA that ·5· · · becomes depleted or is that -- ·6· · · · · · · ·MR. ARNOLD:· I believe -- ·7· · · · · · · ·THE SPEAKER:· -- just for this site? ·8· · · · · · · ·MR. ARNOLD:· I think, I'm not the expert, but Sue ·9· · · is here, Sue Faulkner from long-range planing, she may know. 10· · · But I think Mattamy Homes was going to utilize some of the 11· · · bonus pool units, but outside of that I don't know that 12· · · anybody else has utilized any of them.· So these were meant 13· · · to be an incentive to have redevelopment to gain those bonus 14· · · pool units.· So that's what we've applied to do.· Somebody 15· · · else who hasn't asked a question?· I just want to make sure 16· · · because I think the CRA would want to make sure we answer 17· · · all your questions.· I know the CRA has their regular 18· · · meeting following this.· So to the extent that we can get 19· · · through the questions that you ask, anybody who hasn't asked 20· · · a question yet would like to ask a question?· Yes, sir? 21· · · · · · · ·THE SPEAKER:· I totally agree with the colossal 22· · · traffic jam.· But does this increase impervious cover? 23· · · · · · · ·MR. ARNOLD:· The question is does this increase 24· · · impervious coverage?· And I guess the question is compared 25· · · to what?· Probably not compared to if Sam's Club were to Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 18 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · have been constructed. ·2· · · · · · · ·THE SPEAKER:· Compared to the Sam's Club? ·3· · · · · · · ·MR. ARNOLD:· Uh-huh. ·4· · · · · · · ·THE SPEAKER:· No? ·5· · · · · · · ·MR. ARNOLD:· I don't believe it does.· Christina, I ·6· · · don't know if you know for sure, but it's probably ·7· · · comparable or less. ·8· · · · · · · ·MS. JOHNSON:· It's negligible. ·9· · · · · · · ·THE SPEAKER:· Thank you. 10· · · · · · · ·MR. ARNOLD:· Thank you.· Yes? 11· · · · · · · ·THE SPEAKER:· The challenge that I see that no one 12· · · has addressed, though, is that the traffic may be the same 13· · · number of cars going in and out of there, but nobody has 14· · · addressed that everyone leaves at nine o'clock in the 15· · · morning and returns at five o'clock in the afternoon.· So it 16· · · might be the same number of cars coming in, but residential 17· · · is going to be the mornings and the evening rush hour. 18· · · · · · · ·MR. ARNOLD:· Yeah, the county does make -- the 19· · · question if you didn't hear was about that even though we 20· · · may have less traffic, it all occurs at generally the same 21· · · time in the morning or evening because of the residential 22· · · nature of what's being proposed.· And I think that the 23· · · non-transportation engineer that I am, the answer is that 24· · · the county looks at a.m. peak hours.· They look at p.m. peak 25· · · hours.· And then we're required to analyze how much traffic Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 19 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · is generated during those times and where it's disbursed. ·2· · · And I think part of it is they can easily disburse from the ·3· · · site which makes a lot of sense. ·4· · · · · · · ·You can go north on Airport Road.· You can go east ·5· · · or west on the Trail and that helps disburse that.· And ·6· · · having the traffic signals for volume control is also ·7· · · comparable.· I don't know if the transportation engineer's ·8· · · version of -- you know, the comparison of the residential to ·9· · · the commercial option.· And I think we understand and I 10· · · think the county staff understands that the peak hours are 11· · · still going to be 7 to 9 a.m. in the mornings and 4 to 6 12· · · p.m. in the evenings.· So we have to analyze our situation. 13· · · Anybody else back there?· I'm having a hard time seeing. 14· · · The sun is coming in just below the shade.· Yes? 15· · · · · · · ·THE SPEAKER:· I've got an idea for the pedestrian 16· · · crossing.· What about one of those bridges that goes up 17· · · over, across and down, you know, for people walking over to 18· · · that?· I mean, because whenever you're sitting at the light 19· · · and it's 30 seconds for someone to get across the street, 20· · · that increases the time. 21· · · · · · · ·MR. ARNOLD:· It definitely does.· I mean, that's 22· · · one of the challenges we have in Collier County where you 23· · · have large intersections.· You have to give enough green 24· · · time for the pedestrian and it takes away from the green 25· · · time for the motorist.· We get that.· I don't know that it's Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 20 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · an economically feasible option.· The county has explored ·2· · · those at other intersections and they're extremely expensive ·3· · · because they have to be built for ADA compliance.· So they ·4· · · have to have either very long ramps that are circular and ·5· · · they're expensive.· The county doesn't maybe even like what ·6· · · the appearance would be to start having these pedestrian ·7· · · bridges over the roadway, but I understand your point.· It ·8· · · does increase and decrease the capacity. ·9· · · · · · · ·THE SPEAKER:· Thinking outside thoughts. 10· · · · · · · ·MR. ARNOLD:· I understand.· Thanks for the comment. 11· · · Anybody else back there?· Yes, sir?· I saw your hand just 12· · · about ready to go up. 13· · · · · · · ·THE SPEAKER:· You finally got back to me.· I'm 14· · · sorry to give you such a hard time. 15· · · · · · · ·MR. ARNOLD:· No, you're not.· That's why we're 16· · · here.· I just want to make sure everybody has a chance. 17· · · · · · · ·THE SPEAKER:· That light at Peters and U.S. 41 is a 18· · · very short light when you're on Peters Street.· I timed it 19· · · several times.· The maximum number of vehicles that can get 20· · · through that light before they turn it back to 41 is four 21· · · cars, the maximum and some will get through.· Only three out 22· · · lanes, two of which have to turn right on to 41 and go down 23· · · and make a u-turn to come east or to go west.· There's no 24· · · traffic that is going to have access on Peters Street now 25· · · that Starbucks is there and Wild Buffalo Wings is there, no Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 21 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · traffic can get out. ·2· · · · · · · ·MR. SUCHER:· I can address that after just for the ·3· · · group is this orientation -- ·4· · · · · · · ·THE SPEAKER:· That light has to be lengthened and ·5· · · shorten lights on Airport and -- ·6· · · · · · · ·MR. SUCHER:· When you look at Peters in the ·7· · · specific orientation of Kite, it's very intentional to ·8· · · actually bring traffic away from Peters and away from the ·9· · · intersection.· So our two principal entrances and the exits 10· · · are actually to the south, the southern signal. 11· · · · · · · ·THE SPEAKER:· Oh, they will be? 12· · · · · · · ·MR. SUCHER:· Yes.· And you see these two where the 13· · · main entrance is actually at the left in, right in, right 14· · · out. 15· · · · · · · ·THE SPEAKER:· Oh, I see.· Okay. 16· · · · · · · ·MR. SUCHER:· And then we actually have our primary 17· · · entrance and exit where the majority of and that's where 18· · · we're encouraging the circulation of the site to be a big U 19· · · movement that would access the southern signal to move 20· · · traffic away from Peters. 21· · · · · · · ·THE SPEAKER:· I understand now.· You can turn left 22· · · at that location? 23· · · · · · · ·MR. SUCHER:· Correct.· And we're trying to minimize 24· · · the same impacts as the complication with Starbucks as well. 25· · · We understand that. Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 22 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · · · · · ·THE SPEAKER:· The other thing is you have that ·2· · · complex is going to use 44 million gallons of water a year ·3· · · if they use the average of 175 gallons per person per year. ·4· · · Is the City of Naples able to supply 44 million gallons of ·5· · · water and accept 44 million gallons of sewage from your ·6· · · facilities?· They have a 10 million gallon a day sewer plan ·7· · · and I don't think they're prepared to attempt it. ·8· · · · · · · ·MR. ARNOLD:· If I might, I would just say that ·9· · · we're required to do these utility forms.· Utility staff for 10· · · the county is reviewing that.· We do have city water.· It's 11· · · county sewage supply.· So the county is dealing with the 12· · · sewage.· There's no capacity issues with the county sewer 13· · · plans.· And I'm pretty sure that the City of Naples has 14· · · ample capacity.· Again, comparing what this could be if 15· · · retail users or restaurant users, I think we're pretty 16· · · comfortable.· And I think -- I know Christina has talked to 17· · · both entities and they feel comfortable because they 18· · · certainly have the service capacity for us.· Yes, ma'am? 19· · · · · · · ·THE SPEAKER:· On your web site we can go in and 20· · · check all of this information out.· Will it show those 21· · · lights?· I'm still a little bit confused about coming out of 22· · · that area with all of those cars.· And Peters, is Peters 23· · · still going to be existing or no? 24· · · · · · · ·MR. ARNOLD:· Yes, Peters will be existing.· It's 25· · · going to remain an access point for Starbucks that will Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 23 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · remain on Peters.· One of the other access drives that was ·2· · · there if this develops to residential, I should say.· If it ·3· · · became a big box there would actually be one more access ·4· · · point on Peters than there is proposed for the residential. ·5· · · · · · · ·THE SPEAKER:· Okay.· Because then the residents are ·6· · · going to turn in.· I live right off of Tamiami and Osceola ·7· · · where we have to do the u-turn to go back towards town.· Is ·8· · · that the only other light you're talking about? ·9· · · · · · · ·MR. ARNOLD:· Well, the lights we're talking about 10· · · are existing.· You have the one that services across from 11· · · the government center and then there's the light at Airport 12· · · and Peters.· So those are the two lighted intersections that 13· · · I'm referring to.· But yes, the information we have here if 14· · · you take one of Sharon Umpenhour's cards on the table, you 15· · · can go to our web site at GradyMinor.com and we have a link 16· · · to the application materials as well as a power point. 17· · · · · · · ·THE SPEAKER:· Thank you. 18· · · · · · · ·MR. ARNOLD:· Sure.· Yes, sir? 19· · · · · · · ·THE SPEAKER:· I have a concern about the units 20· · · themselves and whether this is going to end up to be a 21· · · basically a dormitory type of housing development.· And the 22· · · question might be resolved by asking what kind of amenities 23· · · are you planning to have in the community in addition to 24· · · just a place to live? 25· · · · · · · ·MR. ARNOLD:· That's probably a good segue to let -- Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 24 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · I'll let Rob tell you a little bit about Johnson ·2· · · Development.· How about that to sort of close out?· I'll let ·3· · · you talk a little bit about that, Rob, and then what you're ·4· · · looking at for amenities here. ·5· · · · · · · ·MR. SUCHER:· Absolutely.· So Johnson Development is ·6· · · a family company based out of Spartanburg, South Carolina. ·7· · · We have multiple offices throughout the country:· D.C., New ·8· · · York, L.A., San Francisco.· All of our southeastern focus is ·9· · · based out of Spartanburg and then we move throughout the 10· · · regions.· So I've been working with Johnson Development for 11· · · about five years now on multiple divisions.· We have 12· · · industrial division, multi-family division, a storage 13· · · division, a commercial division and a community division, 14· · · which is an economic development for the City of 15· · · Spartanburg, South Carolina. 16· · · · · · · ·Specific to the family, we've developed close to 17· · · 10,000 units throughout the country.· Most of those in our 18· · · current pipeline are luxury Class A apartments.· So you're 19· · · going to have really the best thing of the amenities as well 20· · · as finishes that we offer in the market.· So the best in 21· · · classes is really kind of the new competitive vantage.· You 22· · · have to build what's nice, but also what's nicer than the 23· · · newest competition.· So what we're trying to do here is 24· · · create something that's unique based upon what is the huge 25· · · advantage of this site, the adjacency of employment as well Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 25 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · as the opportunity to connect to the Bayshore Arts District ·2· · · as well as the amenities of downtown in much closer ·3· · · proximity to competitive projects. ·4· · · · · · · ·The amenities specifically, we have again a luxury ·5· · · pool that's going to be right outside of the first L-shaped ·6· · · building.· A dog park is what we propose.· We see that about ·7· · · 40 percent of customers in apartments today are pet owners. ·8· · · So that's a big thing to have that sense of community ·9· · · on-site is important to us.· The activation of the canal is 10· · · something that we really feel is a special opportunity. 11· · · Like I mentioned before, something that does not exist today 12· · · in the county.· It's something that we have not done, had 13· · · the opportunity to, but to be able to paddle down, actually 14· · · up the creek to 360 Market, to Celebration Park.· A really 15· · · unique advantage that we're hoping to take the opportunity 16· · · to take advantage of, excuse me. 17· · · · · · · ·The other amenity that we're offering here that is 18· · · going to be unique, we've done it in a couple of places. 19· · · One is a project in Tampa that's under construction now as 20· · · well as a project in Mt. Pleasant, South Carolina, which is 21· · · in Charleston, South Carolina is a we-work concept.· So that 22· · · is going to be a co-work opportunity to where you have the 23· · · opportunity to office and work in the amenities themselves 24· · · to have a home office.· Be outside of your actual home, but 25· · · still be in the community itself.· So you don't have to pay Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 26 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · essentially for space, but we'll have conference spaces. ·2· · · We'll have individual desks there for the community itself. ·3· · · And that's seen across the industry as a huge opportunity to ·4· · · allow people spaces that feel larger, but also connect with ·5· · · the community itself. ·6· · · · · · · ·THE SPEAKER:· Are you going to have a fitness ·7· · · center? ·8· · · · · · · ·MR. SUCHER:· We will, yes, absolutely.· Yeah, ·9· · · fitness is pretty much standard in the business today and 10· · · absolutely we'll have that.· We don't really decide on the 11· · · fitness delivery until just because trends are changing so 12· · · quickly, but it will be top of the market. 13· · · · · · · ·THE SPEAKER:· Can you give us the names of some of 14· · · the developments that you've done that we could look at to 15· · · see what we might expect here? 16· · · · · · · ·MR. SUCHER:· Yeah, absolutely.· And I'll have my 17· · · card out and I can give you.· It has a link to our web site 18· · · that has all of our projects in our pipeline. 19· · · · · · · ·THE SPEAKER:· Is there a particular project that 20· · · you either have going on now or had that would be similar to 21· · · what are you proposing here? 22· · · · · · · ·MR. SUCHER:· Yes.· We have a project that just 23· · · delivered in Charleston about nine months ago.· It's called 24· · · The Haven at Indigo Square. 25· · · · · · · ·THE SPEAKER:· It's called what? Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 27 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · · · · · ·MR. SUCHER:· The Haven at Indigo Square. ·2· · · · · · · ·THE SPEAKER:· Okay. ·3· · · · · · · ·MR. SUCHER:· And that's linked directly from our ·4· · · web site, which is JohnsonDevelopment.net.· And you can go ·5· · · over to the actual site and see all the gallery in itself. ·6· · · The other project that we are hoping to start construction ·7· · · on over the summer is actually in Collier County. ·8· · · · · · · ·THE SPEAKER:· We can't hear you. ·9· · · · · · · ·MR. SUCHER:· Yes, excuse me.· The other project 10· · · that we have in the pipeline locally is actually here and 11· · · will hopefully start construction early summer which is at 12· · · the intersection of Livingston and Radio Road.· The name of 13· · · that project is called The Lago and that design is currently 14· · · being permitted right now. 15· · · · · · · ·THE SPEAKER:· It's called what? 16· · · · · · · ·MR. SUCHER:· Lago. 17· · · · · · · ·THE SPEAKER:· We can't hear. 18· · · · · · · ·MR. SUCHER:· I'm sorry. 19· · · · · · · ·THE SPEAKER:· We didn't get the name of the place. 20· · · · · · · ·MR. SUCHER:· The Haven at Indigo Square. 21· · · · · · · ·THE SPEAKER:· Say that again. 22· · · · · · · ·MR. SUCHER:· The Haven at Indigo Square. 23· · · · · · · ·THE SPEAKER:· The Haven at Indigo Square? 24· · · · · · · ·MR. SUCHER:· Yes, ma'am. 25· · · · · · · ·THE SPEAKER:· And where is it located? Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 28 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · · · · · ·MR. SUCHER:· That's in Mt. Pleasant, South ·2· · · Carolina, which is in Charleston.· The local project is ·3· · · named Lago, L-a-g-o, and that is at the intersection of ·4· · · Radio and Livingston.· That is currently being permitted, ·5· · · final permits with Collier County.· So unfortunately, we do ·6· · · not have the web site or images available quite yet, but ·7· · · we're hoping to start construction on that early this ·8· · · summer. ·9· · · · · · · ·MR. ARNOLD:· Any other questions, folks? 10· · · · · · · ·THE SPEAKER:· There used to be in Collier County 11· · · what was called continuity or concurrency, sorry, in which 12· · · the schools had to be adequate, the fire department had to 13· · · be adequate, the sidewalks, the roads had to be adequate for 14· · · development before it could be developed.· Can you meet all 15· · · of these criteria that are required for that kind of -- 16· · · · · · · ·MR. ARNOLD:· I can ask our attorney to respond, but 17· · · I think I can safely say that yes, we will make all the 18· · · concurrency requirements that Collier County has. 19· · · · · · · ·THE SPEAKER:· The fire department has its ladders 20· · · high enough to get to the sixth floor? 21· · · · · · · ·MR. ARNOLD:· I hope so.· We have buildings much 22· · · taller than that. 23· · · · · · · ·THE SPEAKER:· Because my ladder isn't high enough 24· · · to get into a tree. 25· · · · · · · ·THE SPEAKER:· We have a ladder truck now. Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 29 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · · · · · ·THE SPEAKER:· Okay. ·2· · · · · · · ·MR. ARNOLD:· Yes, sir? ·3· · · · · · · ·THE SPEAKER:· How many units did the county allow ·4· · · you to have now?· Is that 95 more? ·5· · · · · · · ·MR. ARNOLD:· Well, no.· We're asking to utilize -- ·6· · · we're right now allowed to have four dwelling units per acre ·7· · · over the site.· We're asking for the ability to go up to 16 ·8· · · units per acre for the site. ·9· · · · · · · ·THE SPEAKER:· Is there a reason why that we decided 10· · · on four per acre to begin with? 11· · · · · · · ·MR. ARNOLD:· The county did that for it's kind of a 12· · · base density throughout the urban area outside of activity 13· · · centers.· So if you're west of Collier Boulevard, for 14· · · instance, the base density is generally four dwelling units 15· · · per acre. 16· · · · · · · ·THE SPEAKER:· So we're going to go from four to 16? 17· · · · · · · ·MR. ARNOLD:· Yeah, that's what we're proposing. 18· · · · · · · ·THE SPEAKER:· This is the reason why we all moved 19· · · here from the west coast, Bradenton, all of those areas 20· · · because it didn't do what they did up there and ruin our 21· · · area.· We kept it small.· We kept it less density.· So now 22· · · they're going to go to 16 from four.· So if you just keep it 23· · · the way it's supposed to be, then there's no problem.· And 24· · · that's why we all moved here. 25· · · · · · · ·MR. ARNOLD:· Part of the reason you're in a Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 30 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · redevelopment area is that we're trying to encourage people ·2· · · to redevelop sites like a shopping center that is a failed ·3· · · shopping center.· It's failed a number of times as being a ·4· · · grocery-anchored shopping center.· So we believe that given ·5· · · the location proximity to employment, given the government ·6· · · center location, proximity to the beach, downtown, the CRA, ·7· · · Bayshore Drive that the real opportunity here is for a ·8· · · mixed-use project that includes residential dwellings as ·9· · · well as some retail. 10· · · · · · · ·THE SPEAKER:· Which is fine.· You can put that in 11· · · there, but just keep the density.· They're asking for more 12· · · than anybody else.· They've already ruined their town so now 13· · · they want to ruin our town by putting in all these people. 14· · · We got enough now. 15· · · · · · · ·MR. ARNOLD:· Thank you. 16· · · · · · · ·THE SPEAKER:· You're welcome. 17· · · · · · · ·MR. ARNOLD:· Yes? 18· · · · · · · ·THE SPEAKER:· You just mentioned apartments for 19· · · people who are working at the government center or perhaps 20· · · downtown.· Will the price point be something that those 21· · · service industry, for example, can afford who are working 22· · · downtown? 23· · · · · · · ·MR. SUCHER:· Yeah, these will be market rate.· So 24· · · that, I wish we knew what the market was going to be in two 25· · · years from now, but this will be consistent with market rate Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 31 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · apartments. ·2· · · · · · · ·THE SPEAKER:· How many years from now? ·3· · · · · · · ·MR. SUCHER:· I'm hopeful that we can get started ·4· · · construction, you know, sometime next year and deliver our ·5· · · first units within the next two to three years. ·6· · · · · · · ·MR. ARNOLD:· Any other questions?· Yes, sir? ·7· · · · · · · ·THE SPEAKER:· Yeah, on the old neighborhoods that ·8· · · are in the back end, what is the plan to buffer them from ·9· · · this? 10· · · · · · · ·MR. ARNOLD:· Well, the county has code requirements 11· · · for a buffer between multi-family residential and single 12· · · family.· It requires a certain type of hedge or wall and 13· · · vegetative screening, et cetera. 14· · · · · · · ·THE SPEAKER:· Well, when they were doing the Sam's 15· · · Club, one of the deviations that they asked for and one of 16· · · the agreements they stipulated and the gentleman in the back 17· · · can probably move forward and answer that question is that 18· · · they agreed to put into a fund to upgrade the right-of-way 19· · · that surrounds that property on that side.· I forgot the 20· · · exact dollar amount, but they agreed to a dollar amount. 21· · · · · · · ·MR. ARNOLD:· It was $50,000 for sidewalk for 22· · · pedestrians. 23· · · · · · · ·THE SPEAKER:· And that stays within this plan? 24· · · · · · · ·MR. ARNOLD:· I believe those dollars -- Doug, you 25· · · can correct me if I'm wrong, but I think those funds were in Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 32 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · place, were they not? ·2· · · · · · · ·MR. KIRBY:· Yes. ·3· · · · · · · ·MR. ARNOLD:· His response was yes. ·4· · · · · · · ·THE SPEAKER:· Thank you. ·5· · · · · · · ·MR. ARNOLD:· Any other questions, comments before ·6· · · we adjourn and let the CRA get on with their meeting?· Yes, ·7· · · sir? ·8· · · · · · · ·THE SPEAKER:· I live at that location which is 3312 ·9· · · Collee which is directly adjacent to your property or to 10· · · Kite's property for 38 years on the south side.· We were 11· · · there when it was an open field prior to construction of 12· · · Courthouse Shadows.· We went through a year of hell with the 13· · · construction process, the dust and dirt in our houses and 14· · · our cars.· There was blasting and excavating, earth moving 15· · · that was done that cracked our home.· We need -- the four 16· · · residents that own property directly adjacent to Kite's need 17· · · a telephone number and a contact on-site so that we can call 18· · · to register a problem that we have and hopefully it could be 19· · · resolved. 20· · · · · · · ·MR. ARNOLD:· I think that's a very fair comment. 21· · · And I think most of the quality contractors these days have 22· · · an on-site superintendent.· They supply you with a 24-hour 23· · · cell phone number. 24· · · · · · · ·THE SPEAKER:· Yeah, we would need that because of 25· · · the damage that was done to us over the course of this year Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 33 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · that it took for that Courthouse Shadows to be built. ·2· · · · · · · ·MR. ARNOLD:· Understood.· Yes, ma'am? ·3· · · · · · · ·THE SPEAKER:· I just have a question regarding ·4· · · commercial because it appears that most of what is ·5· · · allocating now for commercial is going to be gone.· Is that ·6· · · kind of what I'm hearing that -- ·7· · · · · · · ·MR. ARNOLD:· Yes, under the residential option if ·8· · · Johnson Development decides to move ahead with this ·9· · · option -- 10· · · · · · · ·THE SPEAKER:· Correct. 11· · · · · · · ·MR. ARNOLD:· -- most of the inlying, the shopping 12· · · center building -- 13· · · · · · · ·THE SPEAKER:· That we know now. 14· · · · · · · ·MR. ARNOLD:· -- that you've known would be 15· · · demolished and in its place would be built this. 16· · · · · · · ·THE SPEAKER:· Okay.· So the commercial will really 17· · · be more of the out buildings that we see?· Is that what I'm 18· · · understanding? 19· · · · · · · ·MR. ARNOLD:· That is correct.· The remaining 20· · · commercial under the residential option is largely the 21· · · outparcels. 22· · · · · · · ·THE SPEAKER:· Okay.· So this is really what we're 23· · · looking at is this site really is going to move, if you 24· · · will, from a commercial property to primarily residential 25· · · with a few out buildings? Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 34 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · · · · · ·MR. ARNOLD:· Under this development scenario that's ·2· · · a correct statement, yes. ·3· · · · · · · ·THE SPEAKER:· Okay, thank you. ·4· · · · · · · ·MR. ARNOLD:· Yeah.· Yes, sir in the back? ·5· · · · · · · ·THE SPEAKER:· Excuse me.· Regarding the parking ·6· · · spaces that you have outside of the single type family ·7· · · buildings, are those going to be exclusively use for the ·8· · · outparcels or will that be used as parking for, you know, ·9· · · overflow parking for the apartments or guest parking for the 10· · · apartments? 11· · · · · · · ·MR. SUCHER:· Yeah, thank you for asking the 12· · · question.· So our attempt is to really activate the existing 13· · · commercial.· I think anybody can attest as a potential owner 14· · · or just visiting the center itself that it's very 15· · · challenging for businesses to be successful when you have a 16· · · vacant use behind you. 17· · · · · · · ·THE SPEAKER:· Correct. 18· · · · · · · ·MR. SUCHER:· So this is a real opportunity that we 19· · · see is to activate -- you saw the successful development of 20· · · the Starbucks.· Also activate the remaining four outparcels 21· · · and allow for what hopefully is an increase not only in 22· · · on-site business, but also to have the presence of a new 23· · · expensive development behind them compared to a vacant 24· · · building.· What we're also doing is we're installing new 25· · · parking as mentioned by the question in between the Chevron Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 35 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · as well as the Crooked Shillelagh, excuse me.· And then we ·2· · · also have all the parking just south of the main critical ·3· · · driveway.· Those will also be installed for the betterment ·4· · · and the benefit of the residential and the retail itself. ·5· · · You can see behind the Burger King there's also new ·6· · · increased parking there. ·7· · · · · · · ·THE SPEAKER:· Right. ·8· · · · · · · ·MR. SUCHER:· As well as the Dunkin Donuts to the ·9· · · east has new installed spots that will benefit those.· We 10· · · also have a preservation at the parking between the 11· · · Starbucks and the Crooked Shillelagh as well.· Those are 12· · · increased spots from what exists there today.· So all of 13· · · those are newly created spots that will benefit the retail 14· · · upfront. 15· · · · · · · ·THE SPEAKER:· Okay. 16· · · · · · · ·THE SPEAKER:· But will they be also used as 17· · · overflow for the apartments or -- 18· · · · · · · ·MR. SUCHER:· The parking inside of the gates is for 19· · · the residential.· And we also do have some shared parking 20· · · opportunities that would benefit both the residential and 21· · · the retail. 22· · · · · · · ·THE SPEAKER:· So then you would expect this to be a 23· · · gated community?· You said inside the gate.· So it would be 24· · · a gated community? 25· · · · · · · ·MR. SUCHER:· Yes, ma'am, but that's to be Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 36 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · consistent with the market.· I would say definitely ·2· · · predominantly, but if not exclusively all of the new ·3· · · apartment communities are gated. ·4· · · · · · · ·MR. ARNOLD:· Any other questions, comments before ·5· · · we break up?· Anybody not have a chance to ask a question? ·6· · · Yes, sir? ·7· · · · · · · ·THE SPEAKER:· You have any idea when you go in ·8· · · front of the planning board? ·9· · · · · · · ·MR. ARNOLD:· We do not have hearing dates set yet. 10· · · This is -- 11· · · · · · · ·THE SPEAKER:· And will we be getting a notice same 12· · · as we did? 13· · · · · · · ·MR. ARNOLD:· If you were noticed for this meeting, 14· · · you should get notice from the county next time.· And of 15· · · course, the big 4 x 8 signs get installed, so you'll see 16· · · them.· As a neighborhood resident, you'll see those.· And do 17· · · we post those on our web site, Sharon, the dates? 18· · · · · · · ·MS. UMPENHOUR:· Yes. 19· · · · · · · ·MR. ARNOLD:· We do, yeah.· So on our web site, too, 20· · · if you follow us.· I forgot to introduce a couple of county 21· · · people that are here.· You might want to write down their 22· · · names.· We have Sue Faulkner who's with comprehensive 23· · · planning.· She's sitting back here.· She's one of the 24· · · comprehensive planning staff people.· And James Sabo who's 25· · · one of the zoning staff people, they're here.· It's not Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 37 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1· · · their meeting per se, but they're here to monitor and take ·2· · · notes and make sure they understand what the citizen ·3· · · comments were.· So we appreciate everybody coming out.· If ·4· · · there's no other comments, we'll adjourn the meeting.· Thank ·5· · · you all for coming. ·6· · · · · · · ·THE SPEAKER:· Thank you. ·7· · · · · · · ·MR. ARNOLD:· Have a good CRA meeting. ·8· · · · · · · ·(End of the meeting.) ·9· · · · · · · · · · · · · · - - - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 38 U.S. LEGAL SUPPORT 866-339-2608 YVer1f ·1 ·2 ·3· · · · · · · · ·C E R T I F I C A T E ·4· · · · · · · · · · · · ·- - - ·5 ·6 ·7· · · · · · · ·I, Vicki Woodham, Court Reporter and ·8· Transcriptionist, do hereby certify that I was authorized to and ·9· did listen to and stenographically transcribe the foregoing 10· recorded meeting and that the transcript is a true record to the 11· best of my professional ability. 12 13 14· · · · · · · ·Dated this 21st day of May, 2019. 15 16 17 18 19· · · · · · · · · ·_______________________ · · · · · · · · · · ·Vicki Woodham, Court Reporter 20 21 22 23 24 25 Courthouse Shadows MPUD Neighborhood May 07, 2019 Courthouse Shadows MPUD Neighborhood May 07, 2019 39 U.S. LEGAL SUPPORT 866-339-2608 Petitions PL20180003659 (GMPA), Courthouse Shadows GMP Amendment and; PL20180003658 (PUDA), Courthouse Shadows CPUD Amendment May 7, 2019 Neighborhood Information Meeting Project Information 2 Existing Zoning:Courthouse Shadows Commercial Planned Unit Development (CPUD) Proposed Zoning:Courthouse Shadows Mixed-Use Planned Unit Development (MPUD) Existing Future Land Use (FLU):Mixed Use Activity Center #16 Subdistrict Project Acreage:20.35+/-acres Proposed Request 3 Proposed Growth Management Plan Amendment:proposes to permit increased density on a 10-acre portion of the site.The application proposes a total of 300 multi-family apartments on approximately 18+/-acres of the 20.35 acre PUD.The property plans to utilize up to 97 units from the density,in addition to the base density of 4 dwelling units per acre,with the balance of the 300 units resulting from the units permitted by the small-scale amendment. Proposed CPUD Rezone:The applicant proposes to amend the 20.35+/-acre Courthouse Shadows PUD to add a development option to construct a maximum of 300 multi-family dwelling units. Location Map 4 Aerial Photograph 5 Existing Activity Center #16 6 Proposed Activity Center #16 7 Approved Master Plan (Exhibit A)8 Proposed Mixed-Use Option Master Plan (Exhibit B)9 Approved and Proposed Deviations 10 Deviations 1 through 10 were previously proposed but only deviation 1 through 5,7 and 9 were approved by Ordinance 2016-45 at the December 13,2016 BCC hearing.Deviation 6,8 and 10 were withdrawn at the December 13,2016 BCC hearing and are shown as withdrawn in Ordinance 2016-45. Previously approved Deviation 2 and 7 have been revised as follows to accommodate the Mixed-Use development option. Proposed Deviations 11 Proposed Conceptual Site Plan 12 Proposed Conceptual Site Plan (aerial)13 Questions? 14