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Agenda 03/24/2020 Item #17A (Resolution/Development Order - Citygate Commerce Park DRI)03/24/2020 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to affirm the decision of the Collier County Planning Commission and approve a Resolution amending Development Order 88-02, as amended, the Citygate Commerce Park Development of Regional Impact, providing for Section One: amendments to add the 128.05-acre sports complex extension to the DRI and revise the legal description; amendment to the master development plan; and extension of termination date; Section Two: findings of fact including revised legal description and increase in acreage; Section Three: conclusions of law; Section Four: effect of previously issued Development Order, transmittal to the Department of Economic Opportunity and providing an effective date. The subject property consisting of 419.60 acres is located at the northeast quadrant of the intersection of I-75 and Collier Boulevard (CR 951) in Sections 35 and 36, Township 49 South, Range 26 East, in Collier County, Florida. (This is a companion item to Planned Unit Development Amendment Petition PUDA-PL20190001494, Agenda Item 17.B) [PL20190001497] OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above-referenced petition and to render a decision regarding the petition, and to ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner seeks to amend the City Gate DRI DO Number 88-02, as amended, (see Attachment B-DO 00-02) to: • Add an adjacent County-owned 128.05-acre parcel known as the Sports Complex Extension, to allow for the future construction of the Collier County Sports Complex and Events Center, an Essential Service; • Add the Sports Complex Extension’s total two-way, PM peak hour trips; • Add a 5-year Extension to the build-out date; and • Update the Master Development Plan. FISCAL IMPACT: The Development Order Amendment (DOA) by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build-out, will maximize its authorized level of development. If the PUD is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element (CIE) of the Growth Management Plan (GMP) as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by the application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please, note that impact fees and taxes collected were not included in the criteria used by staff and the Collier County Planning Commission (CCPC) to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): 17.A Packet Pg. 1380 03/24/2020 Comprehensive Planning staff finds the proposed DOA consistent with the Future Land Use Element. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition DOA-PL20190001497, City Gate Commerce Park DRI on February 6, 2020. The CCPC voted 6-0 to recommend approval of the petition. LEGAL CONSIDERATIONS: Petitioner is requesting an amendment to add acreage and revise the Master Development Plan of the DRI Resolution. A DRI is a development that, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, and welfare of citizens of more than one county. The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for DRI Amendment 1. Consider: Consistency with the Collier County Land Development Code. 2. Consider: Consistency with the goals, objectives, and policies of the GMP. 3. Consider: Impacts on public infrastructure not previously contemplated by the development order. The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items rel ate to these criteria. This item has been approved as to form and legality, and it requires a majority vote for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the approval recommendation of the CCPC and further recommends that the Board of County Commissioners approves the request for DOA- PL20190001497, City Gate Commerce Park DRI. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report City Gate DOA w signtrs 1-27-20A (flat) (PDF) 2. Attachment A- Proposed Resolution - 022520(2) (PDF) 3. Attachment B-DO 00-02.pdf 1-14-20 (PDF) 4. Attachment C-FLUE Consistency Review 1-10-20 (PDF) 5. [Linked] Attachment D-City Gate DOA Application.pdf 1-22-20 (PDF) 6. Legal Ad - Agenda ID 11632 (PDF) 17.A Packet Pg. 1381 03/24/2020 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doc ID: 11632 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to affirm the decision of the Collier County Planning Commission and approve a Resolution amending Development Order 88-02, as amended, the Citygate Commerce Park Development of Regional Impact, providing for Section One: amendments to add the 128.05-acre sports complex extension to the DRI and revise the legal description; amendment to the master development plan; and extension of termination date; Section Two: findings of fact including revised legal description and increase in acreage; Section Three: conclusions of law; Section Four: effect of previously issued Development Order, transmittal to the Department of Economic Opportunity and providing an effective date. The subject property consisting of 419.60 acres is located at the northeast quadrant of the intersection of I-75 and Collier Boulevard (CR 951) in Sections 35 and 36, Township 49 South, Range 26 East, in Collier County, Florida. (This is a companion item to Planned Unit Development Amendment Petition PUDA-PL20190001494, Agenda Item 17.B.) [PL20190001497] Meeting Date: 03/24/2020 Prepared by: Title: Planner, Principal – Zoning Name: Nancy Gundlach 02/07/2020 2:49 PM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 02/07/2020 2:49 PM Approved By: Review: Growth Management Department Judy Puig Additional Reviewer Completed 02/07/2020 4:38 PM Zoning Ray Bellows Additional Reviewer Completed 02/09/2020 1:06 PM Growth Management Department Thaddeus Cohen Additional Reviewer Completed 02/10/2020 8:35 AM Growth Management Department James C French Additional Reviewer Completed 02/14/2020 2:30 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 03/04/2020 2:37 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/04/2020 2:48 PM Office of Management and Budget Debra Windsor Additional Reviewer Completed 03/04/2020 4:39 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/10/2020 3:36 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/14/2020 3:26 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM 17.A Packet Pg. 1382 DOA-PL20190001497, City Gate Commerce Park DRI January 27,2020 Page 1 of 5 STAFF REPORT TO:COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: FEBRUARY 6,2020 SUBJECT:DOA-PL2019001497, CITY GATE COMMERCE PARK DRI (COMPANION TO PUDA-PL20190001494, CITY GATE COMMERCE PARK MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD)) ____________________________________________________________________________________________ PROPERTY OWNER/APPLICANT AND AGENTS: Owner*/Applicant: CG II, LLC, 850 NWN, LLC, City Gate Development, LLC 121 South Main Street, Suite 500 Akron, OH 44308 Collier County Government 3335 Tamiami Trail East, Suite 101 Naples, FL 34112 * There are other owners in the PUD who are not applicants including Southern Management Corp., South Florida Water Management District, City Gate Self Storage LLC, 3819-3815 White Lake Blvd LLC, 3823 White Lake Blvd LLC, Citygate Development District, Terra Hospitality-Florida LLC, Kingstown Family Trust LLC, and Urika III, Inc. Agents: Josh Fruth, Vice President,and Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 17.A.1 Packet Pg. 1383 Attachment: Staff Report City Gate DOA w signtrs 1-27-20A (flat) (11632 : PL20190001497 City Gate DOA) DOA-PL20190001497, City Gate Commerce Park DRI January 27,2020 Page 2 of 5 17.A.1 Packet Pg. 1384 Attachment: Staff Report City Gate DOA w signtrs 1-27-20A (flat) (11632 : PL20190001497 City Gate DOA) DOA-PL20190001497, City Gate Commerce Park DRI January 27,2020 Page 3 of 5 REQUESTED ACTION: The petitioner seeks an amendment to a Resolution amending Development Order 88-02, as amended, the Citygate Commerce Park Development of Regional Impact, providing for Section One:amendments to add the 128.05 acre sports complex extension to the DRI and revise the legal description; amendment to the master development plan; and extension of termination date; Section Two: findings of fact including revised legal description and increase in acreage; Section Three: conclusions of law; Section Four: effect of previously issued Development Order, transmittal to the Department of Economic Opportunity and providing an effective date. GEOGRAPHIC LOCATION: The subject property consisting of 419.60 acres is located at the northeast quadrant of the intersection of I- 75 and Collier Boulevard (CR 951) in Sections 35 and 36, Township 49 South, Range 26 East, in Collier County, Florida. (See Location Map on the preceding page.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks to amend the City Gate DRI DO Number 88-02, as amended, (see Attachment B-DO 00-02) to: Add an adjacent County-owned 128.05-acre parcel known as the Sports Complex Extension, to allow for the future construction of the Collier County Sports Complex and Events Center, an Essential Service; Add the Sports Complex Extension s total two-way, PM peak hour trips; Add a 5-year Extension to the build-out date Update the Master Development Plan COUNTY STAFF ANALYSIS: As noted above, the applicant is seeking to update the Master Development Plan and amend sections of DO 88-02. Staff recommends approval of the DRI Notice of Proposed Change believing this amendment will not adversely impact the region or create an undue public safety concern if the DRI DO is adopted. COUNTY ATTORNEY OFFICE REVIEW: The Count Petition DOA-PL20190001497 on January 24,2020. 17.A.1 Packet Pg. 1385 Attachment: Staff Report City Gate DOA w signtrs 1-27-20A (flat) (11632 : PL20190001497 City Gate DOA) DOA-PL20190001497, City Gate Commerce Park DRI January 27,2020 Page 4 of 5 STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition DOA-PL20190001497 to the Board of County Commissioners as described by the amending DRI Development Order resolution. Attachments: Attachment A: Proposed Resolution Attachment B: DO 00-02 Attachment C: Future Land Use Consistency Review Attachment D: Application 17.A.1 Packet Pg. 1386 Attachment: Staff Report City Gate DOA w signtrs 1-27-20A (flat) (11632 : PL20190001497 City Gate DOA) 17.A.1 Packet Pg. 1387 Attachment: Staff Report City Gate DOA w signtrs 1-27-20A (flat) (11632 : PL20190001497 City Gate DOA) 17.A.2 Packet Pg. 1388 Attachment: Attachment A- Proposed Resolution - 022520(2) (11632 : PL20190001497 City Gate DOA) 17.A.2 Packet Pg. 1389 Attachment: Attachment A- Proposed Resolution - 022520(2) (11632 : PL20190001497 City Gate DOA) 17.A.2 Packet Pg. 1390 Attachment: Attachment A- Proposed Resolution - 022520(2) (11632 : PL20190001497 City Gate DOA) 17.A.2 Packet Pg. 1391 Attachment: Attachment A- Proposed Resolution - 022520(2) (11632 : PL20190001497 City Gate DOA) 17.A.2 Packet Pg. 1392 Attachment: Attachment A- Proposed Resolution - 022520(2) (11632 : PL20190001497 City Gate DOA) 17.A.2 Packet Pg. 1393 Attachment: Attachment A- Proposed Resolution - 022520(2) (11632 : PL20190001497 City Gate DOA) 17.A.2 Packet Pg. 1394 Attachment: Attachment A- Proposed Resolution - 022520(2) (11632 : PL20190001497 City Gate DOA) 17.A.2 Packet Pg. 1395 Attachment: Attachment A- Proposed Resolution - 022520(2) (11632 : PL20190001497 City Gate DOA) 17.A.2 Packet Pg. 1396 Attachment: Attachment A- Proposed Resolution - 022520(2) (11632 : PL20190001497 City Gate DOA) 17C DEVELOPMENT ORDER 2000 0 2 RESOLUTION NO 000 151 A RESOLUTION AMENDING DEVELOPMENT ORDER 88 02 AS AMENDED OF THE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT DRI BY PROVIDING FOR SECTION ONE A AMENDING THE PHASING SCHEDULE BY REFERENCE TO APPLICATION FOR DEVELOPMENT APPROVAL SECTION ONE B AMENDING OTHER SECTIONS WITHIN THE DEVELOPMENT ORDER RELATING TO THE REQUIREDDATEFORCOMMENCEMENTOFCONSTRUCTIONAND TERMINA TION DATE FOR THE PROJECT PERIOD OF TIME A1iTI EXEMPT FROM DOWN ZONING SECTION TWO FINIDNGS OF FACT SECTION THREE CONCLUSIONS OF LAW SECTION FOUR EFFECT OF PREVIOUSL Y ISSUED DEVELOPEMNT ORDER TRANSMITT AL TO DCA AND EFFECTIVE DATE WHEREAS the Board of County Commissioners of Collier County Florida approved Development Order 88 02 as amended the Development Order on December 13 1988 which approved a Development of Regional Impact DRI known as Citygate Commerce Park Development Order and WHEREAS as a result of an appeal a Settlement Agreement between Collier County and the Department of Community Affairs resulted in an effective approval date of October 29 1990 which is deemed to be the beginning date for the five year period within which the Development Order indicates physical development of the project must commence and WHEREAS the ADA provided for five three year phases for a total of 15 years for buildout with the first phase being three years from the date the appeal was dismissed which would be October 29 1993 with the last phase being October 29 2005 and WHEREAS on February 21 1995 the Board of County Commissioners approved Development Order 95 02 Resolution No 95 143 which had the effect of extending all yearly target dates by five 5 years less one day and WHEREAS the Application for Development Approval ADA was incorporated into and by reference made a part of the Development Order and WHEREAS the real property which is the subject of the Development Order is legally described and set forth in Exhibit A to the Development Order and Words straek thrBllgh are deleted words underlined are added 1 17.A.3 Packet Pg. 1397 Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) 17C WHEREAS the owners of the DRI property desire to extend the date by which significant physical development is to begin the project buildout date and phasing schedule by an additional five 5 years less one day and WHEREAS William R Vines of Vines and Associates representing Richard K Bennett Trustee Nations Bank Land Trust No 5360 petitioned the Board of County Commissioners of Collier County Florida to amend the Development Order and WHEREAS the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council SWFRPC and held a public hearing on the petition on May 23 2000 WHEREAS on o 2000 the Board of County Commissioners at a public heating in accordance with Section 38006 Florida Statutes having considered application and notice of proposed changes to the Citygate Commerce Park Development Order 8802 as amended and the record made at said hearing and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission and report and recommendation of the Collier County Planning Commission the report and recommendation of the Collier County Planning Staff and Advisory Boards the report and recommendations of the Southwest Florida Regional Planning Council the Board of County Commissioners of Collier County hereby approves the following Citygate Commerce Park Development Order amendments NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Collier County Florida that SECTION ONE AMENDMENT OF DEVELOPMENT ORDER A Section 9c of Development Order 8802 as amended for the Citygate Commerce Park is hereby amended to read as follows The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows Phase I October 28 1998 27 2002 Phase II October 28 299 27 2005 Phase III October 28 299 27 2007 Phase IV October r r27 2012 shall beoenc272010PhaseVOctoberincorporated as a condition of approval If development order conditions and applicant commitments incorporated within the development order to mitigate regional impacts are not carried out to the extent or in accordance with the timing schedule specified within the development order and this phasing schedule then this shall be presumed to be a substantial deviation for the affected regional issue Words stpac tk cughare deleted words underlined are added 2 17.A.3 Packet Pg. 1398 Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) The Citygate project contains 209 acres of building sites exclusive of streets lakes and other non building site areas Until the wetland jurisdiction lines and the RedCockaded Woodpecker Management Plan have been refreshed any necessary Master Plan andor PUD modifications made a complete new TIS prepared and a new DOA approved development ie building permit issuance shall be limited to 15 of the Project site acres which is 3135 site acres The 3135 acre maximum development area shall be located west of the FPL easement except for the area east of the FPL easement in which there are no jurisdictional wetlands and in which no Red Cockaded Woodpecker nesting or foraging area has been established Water management facilities to accommodate the initial development area may occur east of the FPL easement as provided for in SECTION ONE Paragraph 4c of Development Order 904 B Paragraph 3 of an untitled Section Page 12 of Development Order 8802 as amended for the Citygate Commerce Park is hereby amended to read as follows This Development Order shall remain in effect for the duration of the project However in the event that significant physical development has not commenced within tq6JAtwelve 12 years from the date of final approval of the Development Order development approval shall terminate and this development order shall no longer be effective For purposes of this requirement significant physical development does not include roads drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development This Development Order shall terminate on October 28 202 27 2014 C Paragraph 4 of an untitled Section Page 12 of Development Order 8802 as amended for the Citygate Commerce Park is hereby amended to read as follows Pursuant to Section 38006 15 c 3 Florida Statutes 997 1999 this project is exempt from down zoning or intensity or density reduction for a period of fourteen 14 years from the date of adoption of the Development Order subject to the conditions and limitations of that section of the Florida Statutes provided that physical development commences within twelve 12 years as provided in Section 3 hereof SECTION TWO FINDINGS OF FACT A That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A attached hereto and by reference made a part hereof B C The application is in accordance with Section 3800619 Florida Statutes The applicant submitted to the County a Notice of Change to previously approved DRI known as Exhibit B and by reference made a part hereof Words r are deleted words underlined are added 3 17.A.3 Packet Pg. 1399 Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) D The applicant proposes the development of Citygate Commerce Park on 287187 acres of land for a commercial development described in Development Order 8802 as amended E A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the Countys departments and the SWFRPC F The development is not in an area designated an Area of Critical State concern pursuant to the provisions of Section 38006 Florida Statutes as amended G The proposed changes to the previously approved Development Order fall within the parameters for extensions ofbuildout pursuant to Subsection 3800619 e2 Florida Statutes SECTION THREE CONCLUSIONS OF LAW A The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 3800619 Florida Statutes The scope of the development to be permitted pursuant to this Development Order amendment includes operations described in the Notice of Change to a previously approved DRI Exhibit B attached hereto and by references made a part hereof B The proposed changes to the previously approved Development Order are consistent with the report and recommendations ofthe SWFRPC C The proposed changes to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area D The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto E The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan F The proposed changes do not constitute a substantial deviation pursuant to Subsection 3800619 e2 Florida Statutes and therefore a public hearing thereon is not required SECTION FOUR A Except as amended hereby Development Order 8802 shall remain in full force and effect binding in accordance with its terms on all parties thereto Words rtraclz tbzcugh are deleted words underlined are added 4 17.A.3 Packet Pg. 1400 Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) B Copies of this Development Order shall be transmitted immediately upon execution to the Department of Community Affairs Bureau of Land and Water Management and the Southwest Florida Regional Planning Council C This Development Order shall take effect as provided by law BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board This Resolution adopted after motion second and majority vote Done this tayof O 2000 f Attest as to Chairmans signature only ATTEST DWIGHT E7 BROCK Clerk Approved as to Form and Legal Sufficiency BOARD OF COUNTY COMMISSIONERS COLLITY FLRIDA TIMY J COirANTI CHAIRMAN MarjoieM Student Assistant County Attorney gadminDOA8802RNim Words 2tpltFaugh are deleted words underlined are added 5 17.A.3 Packet Pg. 1401 Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) 170 HOLE MONTES AND ASSOC INC CONSULTING ENGINEERS LANO SURVEYORS HMA Fie No 8523 930185 Sheet 1 of 2 LEGAL DESCR1PT10N The North half of Section 35 Township q9 South Range 26 East Collier County Florida LESS the West 10000 feet thereof for rightofway purposes and LESS the following described parcels A parcel of land being portion of the Northwesquarerof Section 35 Township 49 South Range 26 East Coil ier County Florida Being more particularly described as fol lows Corrrnencing at the quarter Section corner coon to Sections 34 and 35 Township 49 South Range 26 East Coil ier County Florida Said quarter corner being marked with a 4 x 4 concrete monument having a 3inchbrass cap attached to the top thereof with a 34inch iron pipe thence along the Section line between said Sections 34and 35 North 002915 West 138243 feet to a point on the centerline of the proposed Access Road No 1 as shown on the State of Florida Department of Transportation RightofWay Map for State Road No 93 I75 Sheet 8 of I0 thence along said centerline of the proposed Access Road No 1 North 893101 East 10000 feet to a point on the East rightofway line of a canal said point also being on the centerline of the proposed access road to the water treatment plant parcel thence along said East canal rightofa Jin North 002915 West 5000 feet to a 4 x 4 concrete monument marking the Northwest corner of the proposed access road rightofway to the water treatment plant parcel and being the true POINT OF BEGINNING of the parcel to be herein described thence along the North line of said access road rightofwayNorth893101East45651feettoaLtx4concretemonument marking the intersection of said North rightofway with the West boundary line of the water treatment plant parcel thence along said West boundary line North 004714East99498 feet to an iron rod on the Westerly rightofway of a strip of land 170 feet in width for a Florida Power Light Company FPL rightofway as described in Official Records Book 681 Page 1210 Collier County Records thence along said Westerly FPL rightofway North 3103028 East 7002 feet to an iron rod thence continuing along said Westerly FPL rightofway South 583003 East 76156 feet to a 4 x 4 concrete monument thence continuing along said Westerly FPL rightofway South 004714 West 106670 feet to a 4 x 4 concrete monument thence continuing aiong said Westerly FPL rightofway South 004714 West 33274 feet to an iron rod marking the intersection of said Westerly FPL rightofway with the South line of the North half of the South half of the Northwest quarter of Section 35Township49SouthRange26EastColliefCountyFlorida said point also being the Southeast corner of the parcel being herein described thence along said South line of the North half of the South half of the Northwest quarter of Section 35 South 8900440 West 69082 feet to a 4 x 4 concrete monument said 2 17.A.3 Packet Pg. 1402 Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) HMA File No 8523 93086 Sheet 2 of 2 point being the Southwest corner of the parcel being herein described thence along theWest boundary line of said parcel North 004714 East 65380 feet to a 4 x 4 concrete monument marking the intersection of the West boundary of the water treatment plant parcel with the South rightofway of the proposed access road to the water treatment plant parcel thence along said South rightofway South 893101 West 45428 feet to a 4 x q concrete monument marking the intersection of said access road South rightofway with the East rightofway of a canal thencealong said canalEast rightofway North 002915 West 10000 feet to the POINT OF BEGiNNiNG AND A portion of the North half of Section 35 Township 49 South Range 26 East being described as follows Begin on the South line of the North half of said Section 35 at a point North 890001 East 10000 feet from the Southwest corner of the North half of said Section 35 thence run North 002915 West 133419 feet thence South 0402108 East 29692feetthence South 02046 25 East 75060 feet tothe beginning of a curve concave to the Northeasterly having a radius of 33100 feet thence run Southerly along said curve 24058 feet through a central angle of 4100129 to the end of said curve thence South 434754 East 9486 feet to the South line ofthe North half of said Section 35 thence South 890001 West 20627 feet to the POINT OF BEGINNING AND A portion of the North half of Section 35 Township 49 South Range 26 East being described as follows Begin on the South line of the North half of said Section 35 at a point North 890001 East 30627 feet from the Southwest corner of the North half of said Section 35 thence run North 4304754 West 9486 feet to the beginning of a curve concave to the Northeasterly having a radius of 33600 feet thence run Northwesterly along said curve 24058 feet through a central angle of 410129 to the end of said curve thence North 024625 West 75060 feet thence North 0402108 West 29692 feet thence North 002915 West 8500 feet thence North 893101 East 6442 feet thence South 0402108 East 37834 feet thence South 024625 East 75156 feet to the beginningofacurveconcavetotheNortheasterlyhavingaradiusof26600 feet thence run Southeasterly along said curve 19046 feetthroughacentralangleof4100129totheendofsaidcurvethenceSouth434754East15968feettotheSouthlineof the North half of said Section 35 thence South 890001 West 9540 feet to the POINT OF BEGINNING Containing 287187 acres more or less HOLE MONTES ASSOClATES INC 17.A.3 Packet Pg. 1403 Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) STATE OF FLORIDA DEPARTMENT OF COMMIJNITY AFFAIRS DMSION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd Tallahassee Florida 32399 8504884925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT Dill SUBSECTION 3800619 FLORIDA STATUTES Subsection 3800619 Florida Statutes requires that submittal of aproposed change to aprevi ously approved DRI be made to the local government the regional planning agency and the state land planning agency according to this form representative of LOo developer previously approved Development of Regional Impact in accordance with Subsection 145the undersigned ownerauthorized hereby give notice of a proposed change to a 3800619 Florida Statutes In support thereof I submit the following information concermng the t 1 development which original currentproject names information is true and correct to the best ofmy knowledge I have submitted today under separate cover copiesofthiscompletednotificationto CtLI 0 Ii local government to theoorWr Regional Planning Council and to the Bureau of Local Planning Depamnent ofCommumty Affairs Date EXHIBIT B NOPC FORM 17.A.3 Packet Pg. 1404 Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) 3 4 5 o Applicantname address phone ltal kVl Y AuodAgente to qli7one ovide acomplete description ofepsedchge clude y proud cgto e planofdevelopnLpmgafiocoencentbdmdevelopmentorder confiodmenm orm e pmenmfio conMei e velopment order or eApponforDevelopntAv c Indicate such changes on the project master site plan supplementing with other detailed maps as appropriate Additional inforotation may be requested by the Department or any reviewing agency to clarify the natmeofthe change or the resultingimpacts iaN Complete the attached Substantial Deviation Deterraination Chart for all land use types approved in the development If no change is proposed or has occurred indicate no change List all the dates and resolution numbers or other appropriate identification numbers of all modifi cations or amendments to the originally approved DRI development order that have been adopted by the local government and provide abriefdescription of the previous changes ieany informa tion not already addressed in the Substantial Deviation Determination Chart Has there been a change in local governmentjurisdiction for any portion ofthe development since the last approval or development order was issued Ifso has the annexing local government adopted anew DRI development order for the project kll Describe any lands purchased oroptioned within I4 mile of the original DRI site subsequent to the original approval orissuance of the DRI development order Identify such land its size intended use and adjacent nonproject land uses within 12 mile on a project master site plan or other map Indicate if the proposed change is less than 40 cumulatively with other previous changes ofanyofthecriterialistedinParagraph3800619bFloridaStatutesi10 Do you believe this notification ofchange proposes achange which meets the criteria of Subparagraph 3800619e2FS YES NO 10 Does the proposed change result in a change to the buildout date or any phasing date of the project If so indicate the proposed new buildout or phasing dates NOPC FORM 17.A.3 Packet Pg. 1405 Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) 170 11 12 13 Will the proposed change require an amendment tothe local government comprehensive plan NtO Provide the following for incorporation into such an amended development order pursuant to Subsections 3800615 FS and 9J2025 Florida Administrative Code An updated master site plan orother map ofthe development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions Pursuant to Subsection 3800619fFS include the precise language that is being proposed to be deleted or added as an amendment to the development order This language should address and qmify Go eo fo All proposed specific changes to the nature phasing and buildout date of the develop ment to development order conditions and requirements to commitments and representa tions in the Application for Development Approval to the acreage attributable to each described proposed change of land use open space areas for preservation green belts to smactures or to other improvements including locations square footage number of units and other major characteristics or components of the propos ed chge An updated legal description of the property if any project acreage ishasbeen added or deleted to the previously approved plan ofdevelopment A proposed amended development order deadline for commencing physical development ofthe proposed changes if applicable U dk A proposed amended development order termination date that reasonably reflects the time required to complete the development A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to downzoning unit density reduction or intensity reduction dapplicable and Proposed amended development order specifications for the annual report including the date of submission contents and parties to whom the report is submitted as specified in Subsection 9J20257 FAC NOPC FORM SUBSTANTIAL DEVIATION DETERMINATION CHART 17.A.3 Packet Pg. 1406 Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) 17C NOPC FORM17.A.3Packet Pg. 1407Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) NOPC FORM17.A.3Packet Pg. 1408Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) lC NOPC FORM 617.A.3Packet Pg. 1409Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) NOPC FORM 7 J17.A.3Packet Pg. 1410Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) NOPC FORM17.A.3Packet Pg. 1411Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) 17C z 9 NOPC FORM17.A.3Packet Pg. 1412Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) NOPC FORM 1o17.A.3Packet Pg. 1413Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) 17C ATTACHMENT FOR THE CITYGATE NOPC o The sole change proposed is to extend the life of the DO by two years less one day together with appropriate adjustments to the phase dates and other time related requirements within the DO The Citygate DO was originally adopted 121388 via DO 882 That DO was appealed by DCA The appeal was resolved on 82090via adoption of DO 904The tolling date was subsequently deemed to be 102990 The DO mandated development initiation within five years from the tolling date On 22195 DO 952 was adopted extending the mandatory development initiation date by five years less one day to 102800 together with corresponding extensions of the development phase dates and other time related requirements within the DO There has been no change in local government jurisdiction since adoption of the last DO 10 The following phase dates and buildout date changes are proposed Phase I Phase II Phase III Phase IV Phase V PHASE END DATES 10281998 10282001 10282004 10272007 10272010 10272002 10272005 10272007 10272010 10272012 DEVELOPMENT ORDER TERMINATION DATE CUBE PROPOSED 10282012 10272014 13a Section 9c of Development Order 882 as amended for the Citygate Commerce Park is hereby amended to read as follows c The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows Phase I October Phase II Octoberz8z3eel272005 Phase III October 272007 Phase IV October 27 2010 Phase V October 272012 shall Words underlined are additions Words are deletions 17.A.3 Packet Pg. 1414 Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) 170 be incorporated as a condition of approval If development order conditions and applicant commitments incorporated within the development order to mitigate regional impacts are not carded out to the extent or in accordance with the timing schedule specified within the development order and this phasing schedule then this shall be presumed to be a substantial deviation for the affected regional issue 13c Paragraph 3 of an untitled Section Page 12 of Development Order 88 2 as amended for the Citygate Commerce Park is hereby amended to read as follows 3 This Development Order shall remain in effect for the duration of the project However in the event that significant physical development has not commenced within teft4eJY years from the date of final approval of the Development Order development approval shall terminate and this Development Order shall no longer be effective For purposes of this requirement significant physical development does not include roads drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines This time period may be extended by the Board of County Commissioners upon request by the developer in the event that uncontrollable circumstances delay the commencement of development This Development Order shall terminate on October 272014 13d See 13c above 13e Paragraph 4 of an untitled Section Page 12 of Development Order 882 as amended for the Citygate Commerce Park is hereby amended to read as follows 4 Pursuant to Section 38006 15 c 3 Florida Statutes 387 1999 this project is exempt from down zoning or intensity or density reduction for a period of seven7fourteen 14 years from the date of adoption of the Development Order subject to the conditions and limitations of that Section of the Florida Statutes provided that physical development commences within we5tweJyeyears as provided in Section 3 hereof Words are additions Words stkthfotare deletions 17.A.3 Packet Pg. 1415 Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) May 26 2000 Mr Steve Atkins Planner State of Florida Department of Community Affairs Development of Regional Impact Section Bureau of Land and Water Management 2740 Centerview Drive Tallahassee FL 32399 Re Development Order 200002Resolution 2000151 Citygate Commerce Park Dear Mr Arkins Transmitted herewith is a certified copy of the above referenced document adopted by the Board of County Commissioners of Collier County Florida on Tuesday May 23 2000 Very truly yours DWIGHT E BROCK CLERK Karen Schoch Deputy Clerk Enclosure 17.A.3 Packet Pg. 1416 Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) 17C May 26 2000 Mr Daniel Trescott DRI Coordinator SWFRPC PO Box 3455 North Fort Myers FL 339183455 Re Resolution 2000151Development Order 200002 Dear Mr Trescott Transmitted herewith is a certified copy of the abovereferenced document adopted by the Board of County Commissioners of Collier County Florida on Tuesday May 23 2000 Very truly yours DWIGHT E BROCK CLERK Karen Schoch Deputy Clerk Enclosure 17.A.3 Packet Pg. 1417 Attachment: Attachment B-DO 00-02.pdf 1-14-20 (11632 : PL20190001497 City Gate DOA) Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach, AICP, RLA, Principal Planner Zoning Division, Zoning Services Section From: David Weeks, AICP, Growth Management Manager Zoning Division, Comprehensive Planning Section Date: January 10, 2020 Subject: Future Land Use Element Consistency Review PETITION NUMBER: DOA - PL20190001497 PETITION NAME: City Gate Development of Regional Impact (DRI) Notice of Proposed Change REQUEST: The petitioner is requesting to amend the City Gate Development of Regional Impact (DRI) Development Order (DO) #88-02, as amended, to: • Add 128 acres for expansion of the County’s sports complex/park site • Update the Master Concept Plan • Other related changes LOCATION: The ±419.6 acre subject site is located in the northeast quadrant of the intersection of Interstate 75 (I-75) and Collier Blvd. (CR 951), lying south of the Golden Gate Canal, east if Collier Blvd. (CR 951), and north of Shaw Blvd., in Sections 35 and 36, Township 49 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The western portion of the subject site lies west of the Florida Power and Light (FPL) Easement (29.27 acres + 7.18 ROW acres = 36.45 acres) and is depicted as Urban Designation, Urban Commercial District, Mixed Use Activity Center #9 on the Growth Management Plan’s Future Land Use Map (FLUM). The eastern portion within the existing City Gate PUD/DRI lies east of the FPL Easement (161.83 acres + 15.98 ROW acres + 63.50 Sports complex acres +13.84 Lakes and Recreation acres = 255.15 acres) and is depicted as Urban Designation, Industrial District on the FLUM. The 128-acre expansion area is zoned A, Rural Agricultural and is depicted as Agricultural/Rural Designation, Rural Industrial District on the FLUM. The South County Regional Water Treatment Plant is not part of the City Gate Commerce Park PUD/DRI. Consistency with FLUM designations (uses, intensities, etc.) and FLUE Policies 5.4 and 7.1 – 7.4 are addressed by staff in the companion PUDR consistency review (PUDR-PL20190001494). CONCLUSION Based upon the above analysis, Comprehensive Planning staff finds the proposed amendment consistent with the FLUE. PETITION ON CITYVIEW cc: Raymond V. Bellows, Manager, Zoning Division, Zoning Services Section DOA-PL2019-1497 City Gate DRI G:\CDES Planning Services\Consistency Reviews\2020\DOA dw/1-10-20 17.A.4 Packet Pg. 1418 Attachment: Attachment C-FLUE Consistency Review 1-10-20 (11632 : PL20190001497 City Gate DOA) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-6358 APPLICATION FOR PUBLIC HEARING FOR (check one): Chapter 3 D.1 of the Administrative Code F.S. § 380.06 and 380.0651 DRI Application for Development Approval (DRI) DRI Notice of Proposed Change (DOA) Other DRI Development Order Amendment (DOA) PROJECT NUMBER PROJECT NAME DATE PROCESSED APPLICANT CONTACT INFORMATION Applicant(s): ___________________________________________________________________________________ Firm: _________________________________________________________________________________________ Address: _____________________________________ City: _______________ State: __________ ZIP: __________ Telephone: ______________________ Cell: __________________________ Fax: ___________________________ E-Mail Address: ________________________________________________________________________________ Agent(s): _____________________________________________________________________________________ Firm: _________________________________________________________________________________________ Address: _____________________________________ City: _______________ State: __________ ZIP: __________ Telephone: ______________________ Cell: __________________________ Fax: ___________________________ E-Mail Address: ________________________________________________________________________________ DISCLOSURE OF INTEREST INFORMATION Is the applicant the owner of the subject property? Yes No Please provide the following information on separate sheets and attach to the application: 1.If applicant is a land trust, so indicate and name beneficiaries. 2.If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders. 3.If applicant is a partnership, limited partnership or other business entity, so indicate and name principals. To be completed by staff 2/4/2015 Page 1 of 6 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-6358 4.If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. 5.If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. 6.If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address. PROPERTY INFORMATION Provide a detailed legal description of the property covered by the application, if space is inadequate, attach on separate page: •If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; •The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and •The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: _____________________________Section/Township/Range: _______/_______/_______ Subdivision: _________________________________________________Lot: _____________ Block: ___________ Metes & Bounds Description: __________________________________ Plat Book: _________ Page #: _________ Size of Property: _____ft. X ______ ft. = _______ Total Sq. Ft. Acres: ______ Address/ General Location of Subject Property: ______________________________________________________ ______________________________________________________________________________________________ If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on separate page) Property I.D. Number: _____________________________Section/Township/Range: _______/_______/_______ Subdivision: _________________________________________________Lot: _____________ Block: ___________ Metes & Bounds Description: __________________________________ Plat Book: _________ Page #: _________ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 2/4/2015 Page 2 of 6 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-6358 DETAIL OF REQUEST 1.Does the proposed action comply with the Collier County Growth Management Plan? Yes No If no, provide a written explanation on a separate sheet, attached to the application. 2.Has a public hearing been held on this property within the last year? Yes No If yes, please provide a written explanation of the hearing on a separate sheet, attached to the application. 3.If this is a NOPC application, has any portion of the DRI been: SOLD and/or DEVELOPED? If yes, please provide a written explanation on a separate sheet, attached to the application. 4.On a separate sheet attached to the application, please provide a detailed narrative statement that explains the requested action and why this action is proposed. Provide applicable supporting material and a list of all previous actions on the subject site, beginning with the original DRI/PUD approval and including all subsequent amendments. Include hearing number, hearing dates and a summary of the approved action. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer at its expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. 2/4/2015 Page 3 of 6 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: DRI Application for Development Approval (DRI) DRI Notice of Proposed Change (DOA) Other DRI Development Order Amendment (DOA) Chapter 3 D.1 of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittals items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS FOR REVIEW # OF COPIES REQUIRED NOT REQUIRED Completed Application (download current form from County website) Project Narrative 3 Pre-application meeting notes Completed Addressing checklist (no older than 6 months) 2 Site Development Plan, 24” x 36” copy, 8 ½” x 11” copy, and one jpg copy (from DRI Development Order) An 8 ½ in. x 11 in. graphic location map of the site DRI Development Order Master Plan Legal Description 2 List identifying Owner & all parties of corporation 2 Survey signed & sealed 4 Affidavit of Authorization, signed & notarized 2 Environmental Data Requirements, pursuant to LDC section 3.08.00 3 Listed Species Survey; less than 12 months old. Include copies of previous surveys 2 Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 5 Traffic Impact Study (TIS) or waiver 5 Completed State NOPC Form with all attachments (if amendment) Completed State ADA Form with all attachments (if original DRI) Draft DRI Development Order to address proposed change Copies of Notices sent to DEO and RPC 2 Electronic copy of all documents and plans 1 School Impact Analysis Application - residential projects only (download the School Impact Analysis Application from website) 2 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement SCHOOL CONCURRENCY - If the proposed project includes a residential component, you are required to contact the School District of Collier County at 239-377-0267 to discuss school concurrency requirements. 2/4/2015 Page 4 of 6 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-6358 PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: Addressing: Annis Moxam Environmental Review: See Pre-Application Meeting Sign-In Sheet Bayshore/Gateway Triangle Redevelopment: Executive Director Graphics: Mariam Ocheltree City of Naples: Robin Singer, Planning Director Historical Review Comprehensive Planning: See Pre-Application Meeting Sign-In Sheet Immokalee Water/Sewer District: Conservancy of SWFL: Nicole Ryan Parks and Recreation: Vicky Ahmad County Attorney’s Office: Heidi Ashton-Cicko School District (Residential Components): Amy Heartlock Emergency Management: Dan Summers; and/or EMS: Artie Bay Transportation Pathways: Stacey Revay Engineering: Alison Bradford Transportation Planning: John Podczerwinsky Other: Utilities Engineering: Kris VanLengen FEE REQUIREMENTS Pre-Application Meeting: $500.00 (Applications submitted 9 months after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting shall be required) DRI Review (In addition to cost of rezone): $10,000.00 plus $25.00 per acre (or fraction thereof) o Additional fee for 5th and subsequent reviews: 20% of original fee DRI/DO Amendment: $6,000.00 plus $25.00 per acre (or fraction thereof). The acreage charge does not apply for amendments which only change the build-out date of the DO for a time period of less than 5 years. o Additional fee for 5th and subsequent reviews: 20% of original fee o Amendments deemed to be minor in nature, that is requiring minor strike thru and underline text amendments of no more than 10 different lines of text changes in the DRI, will be capped at $13,000.00. o Any amendment which includes a map and text change will assessed the full fee (no cap) DRI Extension: $100.00 DRI Comprehensive Plan Consistency Review: $2,250.00 Estimated Legal Advertising Fee: o CCPC: $925.00 o BCC: $500.00 Listed or Protected Species Review: $1,000.00 Property Owner Notifications: $1.50 Non-certified; $3.00 Certified return receipt mail (to be paid after receipt of invoice from the Zoning Services Department) Transportation Fees, if required: o Methodology Review: $500.00 o Minor Study Review: $750.00 o Major Study Review: $1,500.00 School Concurrency Fee, if required: [reserved] o Mitigation Fees, if applicable, are to be determined by the School District in coordination with the County Fire Code Review: 2/4/2015 Page 5 of 6 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-6358 o DOA: $120.00 o DRI: $200.00 All checks payable to: Board of County Commissioners The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Division/Planning and Regulation ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 2/4/2015 Page 6 of 6 AFFIDAVIT OF AUTHORIZATION e ): who is personall y known to eo ho has produced swear or affirm under oath, that e of identification (print name), as The owner -IL applicant _ contract purchaser _ and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. Allanswers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/l authorize Davidson Ensineerinq, lnc. to act as our/my representative in any matters regarding this petition including l through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. *Notes.' . lf the opplicont is o corporotion, then it is usuolly executed by the corp. pres. or v. pres. . lf the opplicont is o Limited Liobility Compony (L.L.C.) or Limited Compony (1.C,), then the documents should typically be signed by the Com pa ny's "Mo nog ing M e mbe r." . lf the qpplicont is o portnership, then typicolly q pqrtner con sign on beholf of the portnership. . lf the opplicont is q limited portnership, then the generol portner must sign ond be identified os the "generol portne/' of the nomed portnership. . lf the opplicont is o trust, then they must include the trustee's nome ond the words "os trustee",. ln eoch instonce, first determine the opplicont's status, e,g,, individuol, corporote, trust, portnership, ond then use the oppropriote formot for thot ownership. alties of periury, I re that I have Fead the foregoing Affidavit of Authorization and that the facts stated in it are true. o/Z- Signatu re Printed ame The foregoing instrumen t was swo rn to (or affirmed) and subscribed before me on 9-/-<^ot f (date) by (name of person providing oath or affirmation), lam the (choose o nrEECCA S €RlCXSotl ilol.ry Publlt - Sl.l. ol tlorid. Commlrrlon # GG 05a176 t y Comm. Erplr!! tab 20, 2021 Eond€d lhro{oh l&tior.l Lotay Alir srAMP/5 Sign re of Notary public )as identification as STATE OF FLORIDA COUNry OF COLLIER COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 1 of 3 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. 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: Name and Address % of Ownership 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 % of Ownership 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 % of Ownership 850 NWN, LLC (CO-APPLICANT) CG II, LLC (CO-APPLICANT) CITYGATE DEVELOPMENT, LLC (CO-APPLICANT) See attached for above LLC breakdowns COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 2 of 3 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 % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ 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 g. Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: 8.1.2014 (Sports Complex Extension-subject parcel of this Rezone, owned by Collier County) COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Created 9/28/2017 Page 3 of 3 Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: ________________ AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition’s final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) Jessica Harrelson, AICP, Agent 8.16.2019 CITY GATE COMMERCE PARK PUD PUDR – PL20190001494 August 16, 2019 www.davidsonengineering.com DDISCLOSURE OF INTEREST x If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: x If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: x If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: NAME OF OWNER PERCENTAGE OF OWNERSHIP 1. CG II, LLC Ownership of CG II, LLC - David L. Brennan Trust -1996 65% - Brennan Holdings, LLC 35% - David L. Brennan Trust & Ann A. Brennan Trust- 1996 (42%) - Children’s trust (58%) Elizabeth Brennan, John Brennan, Kathleen Brennan and Nancy Brennan) 2. 850 NWN, LLC Ownership of 850 NWN. LLC Exit 15 Development, LLC 9010 Strada Stell Court, Suite 207, Naples, FL 34109 99% 500 Investment Company, LLC 121 S. Main Street, Suite 500, Akron OH 44308 1% Ownership of Exit 15 Development, LLC Name Percentage Interest* Brennan Holdings, LLC 99% David L. Brennan Trust 1% 3. Citygate Development, LLC Ownership of Citygate Development, LLC - David L. Brennan Trust -1996 53% - Brennan Holdings, LLC 47% - David L. Brennan Trust & Ann A. Brennan Trust- 1996 (42%) - Children’s trust (58%) Elizabeth Brennan, John Brennan, Kathleen Brennan and Nancy Brennan) Underlined text is added; Struck through text is deleted. City Gate Commerce Park DOA-PL20190001497 October 9, 2019 1 **** SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER 88-02, AS AMENDED A. “Findings of Fact”, Paragraph 4 of Development Order 88-02, as amended, is hereby amended to read as follows: **** 4. The applicant proposes the development of City Gate Commerce Park Planned Unit Development for 291.55 419.60 acres which includes: 90,000 square feet of commercial, 836,000 square feet of office, 1,920,000 square feet of Industrial, gas stations, 250 hotel/motel rooms and 80,000 square feet of public, utilitarian, recreational and educational space. **** B. Conclusions of Law, Section 3 of Development Order 88-02, as amended, “TRANSPORTATION”, is hereby amended as follows: **** h. The City Gate Commerce Park allows a maximum development intensity, which is the aggregate building development of: 90,000 square feet of commercial, 836,000 square feet of office, 1,920,000 square feet of industrial, gas stations, 250 hotel/motel rooms, and 80,000 square feet of public, utilitarian, recreational, and educational space. There are no building restrictions to each particular listed land uses, but the aggregate amount of building development may not be exceeded. The final mix of uses developed may not generate more trips than generated by the A.D.A. Table 12.B.3. mix (“Approved Trips”). The developable building square footage of land uses (industrial and office) will include a Sports Complex and/or additional hotels units, subject to the maximum Approved Trips. The Sports Complex Extension, as identified on the Master Development Plan, shall be limited to the maximum of 18 multi-purpose fields, a ±10,000 SF General Office and accessory uses. The Sports Complex Extension’s total trips shall not exceed 309 two-way PM peak hour trips, resulting in a total of 6,308 two-way PM peak hour trips for the City Gate Commerce Park. **** F. Paragraph 3 of an untitled Section (Page 12) of Development Order 88-02, as amended (2000-02 and 2018-01), for the Citygate Commerce Park is hereby amended to read as follows: **** 3. This Development Order shall remain in effect for the duration of the project. This Development Order shall terminate on October 26, 2030 2035. City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted DOA- PL20190001497 November 18, 2019 1 LEGAL DESCRIPTION A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA; THENCE NORTH 89°00'01" EAST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SAID SECTION 35, A DISTANCE OF 306.27 FEET TO A POINT ALONG SAID SOUTH LINE OF THE NORTH 1/2 OF SECTION 35, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 43°47'54" WEST, A DISTANCE OF 94.86 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 336.0 FEET, DELTA OF 41°01'26", AND A CHORD BEARING AND DISTANCE OF NORTH 23°14'57" WEST, 235.47 FEET, RESPECTIVELY; THENCE NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 240.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 02°46'25" WEST, A DISTANCE OF 750.60 FEET; THENCE NORTH 04°21'08" WEST, A DISTANCE OF 294.22 FEET TO AN INTERSECTION WITH PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR STATE ROAD NO. 93 (I-75) SHEET 8 OF 10; THENCE NORTH 89°31'01" EAST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PROPOSED ACCESS ROAD AND THE NORTH BOUNDARY OF THE SOUTHERN PORTION OF CITY GATE COMMERCE CENTER, PHASE ONE, A DISTANCE OF 454.07 FEET TO AN INTERSECTION WITH THE WEST LINE OF COLLIER COUNTY WATER TREATMENT PLANT AS RECORDED IN OR 1022, PG 1257; THENCE SOUTH 00°47'14" WEST ALONG SAID WEST LINE OF TREATMENT PLANT AND THE EAST BOUNDARY OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 653.80 FEET; THENCE NORTH 89°04'40" EAST ALONG THE SOUTH LINE OF SAID TREATMENT PLANT AND THE NORTH BOUNDARY OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 690.82 FEET TO AN INTERSECTION WITH THE WEST LINE OF A 170.00 FEET WIDE FLORIDA POWER & LIGHT COMPANY EASEMENT, AS RECORDED IN OR 681, PG 1210; THENCE NORTH 00°47'14" EAST ALONG THE WEST LINE OF SAID EASEMENT AND THE EAST LINE OF SAID TREATMENT PLANT, A DISTANCE OF 332.74 FEET TO A POINT ALONG THE EAST LINE OF SAID WATER TREATMENT PLANT AND THE WEST LINE OF SAID EASEMENT; THENCE CONTINUE NORTH 00°47'14" EAST ALONG SAID WEST LINE AND SAID EAST LINE, A DISTANCE OF 1,066.70 FEET; THENCE NORTH 58°30'03" WEST ALONG THE NORTHERLY LINE OF SAID TREATMENT PLANT AND THE SOUTHERLY LINE OF SAID EASEMENT, A DISTANCE OF 596.93 FEET TO THE SOUTHEAST CORNER OF PARCEL "A" PROPOSED CONVEYANCE TO CITY GATE AS RECORDED IN OR 3695, PG 2872; THENCE SOUTH 61°10'06" WEST ALONG THE SOUTH LINE OF SAID PARCEL "A" AND THE NORTH LINE OF SAID TREATMENT PLANT, A DISTANCE OF 203.97 FEET; THENCE SOUTH 00°47'14" WEST ALONG THE EAST BOUNDARY OF SAID CITY GATE, PHASE ONE AND THE WEST LINE OF SAID TREATMENT PLANT, A DISTANCE OF 870.28 TO AN INTERSECTION WITH SAID PROPOSED ACCESS ROAD; THENCE SOUTH 89°31'01" WEST ALONG THE NORTH RIGHT OF WAY LINE OF SAID PROPOSED ACCESS ROAD AND THE SOUTH BOUNDARY OF THE NORTHERN PORTION OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 456.52 FEET TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF STATE ROAD 951; THENCE NORTH 00°29'22" WEST ALONG SAID EAST RIGHT OF WAY LINE OF STATE ROAD 951 AND THE WEST LINE OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 1260.46 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 35; THENCE NORTH 89°13'02" EAST ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 5,182.54 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35; THENCE SOUTH 00°30'14" EAST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE OF 2,669.36 TO THE MIDPOINT OF THE EAST LINE OF SECTION 35; THENCE SOUTH 86°27'31" WEST, A DISTANCE OF 66.98 FEET TO THE City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted DOA- PL20190001497 November 18, 2019 2 NORTHEAST CORNER OF LOT 18, WHITE LAKE CORPORATE PARK, PHASE THREE; THENCE SOUTH 89°00'01" WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SECTION 35, A DISTANCE OF 4,910.20 FEET TO THE POINT OF BEGINNING. PROPERTY CONTAINS 12,699,846 SQUARE FEET OR 291.55 ACRES, MORE OR LESS. A PARCEL OF LAND LYING IN SECTION 35 AND 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 6, CITY GATE COMMERCE CENTER, PHASE THREE, AS RECORDED IN PLAT BOOK 63, PAGE 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE S.00°30'14"E. ALONG THE EAST LINE OF SAID LOT 6, FOR 335.24 FEET; THENCE N.89°13'01"E. DEPARTING SAID EAST LINE OF LOT 6, FOR 1,403.49 FEET TO A POINT OF CURVATURE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 781.88 FEET, (CHORD BEARING S.45°37'12"E.) (CHORD 1,108.88 FEET) (DELTA 90°19'33") FOR 1,232.62 FEET; THENCE S.00°27'26"E., FOR 1,815.14 FEET; THENCE S.89°13'01"W., FOR 2,247.89 FEET TO AN INTERSECTION WITH THE EAST LINE OF LOT 18, WHITE LAKE CORPORATE PARK PHASE THREE, AS RECORDED IN PLAT BOOK 34, PAGE 45, OF SAID PUBLIC RECORDS; THENCE N.01°57'22"W. ALONG SAID EAST LINE OF LOT 18, FOR 264.16 FEET TO AN INTERSECTION WITH SOUTH LINE OF LOT 26, CITY GATE COMMERCE PARK, PHASE THREE REPLAT, AS RECORDED IN PLAT BOOK 65, PAGE 95, OF SAID PUBLIC RECORDS; THENCE S.89°00'01"W. ALONG THE SOUTH BOUNDARY OF SAID PLAT AND THE WESTERLY PROLONGATION THEREOF, ALSO BEING THE SOUTH BOUNDARY OF THE AFOREMENTIONED PLAT OF CITY GATE COMMERCE CENTER, PHASE THREE REPLAT AND CITY GATE COMMERCE CENTER, PHASE ONE, AS RECORDED IN PLAT BOOK 41, PAGE 6, OF SAID PUBLIC RECORDS,, FOR 4,909.52 FEET; THENCE ALONG THE BOUNDARY OF SAID PLAT OF CITY GATE COMMERCE CENTER, PHASE ONE, FOR THE FOLLOWING SEVEN (7) COURSES: 1. N.43°36'37"W., FOR 96.29 FEET TO A POINT OF NON-TANGENT CURVATURE TO THE RIGHT, 2. ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 336.00 FEET (CHORD BEARING N.23°17'10"W.) (CHORD 235.47 FEET) (DELTA 41°01'29") FOR 240.58 FEET, 3. N.02°46'25"W., FOR 750.60 FEET, 4. N.04°21'08"W., FOR 294.26 FEET, 5. N.89°31'01"E., FOR 454.12 FEET, 6. S.00°47'14"W., FOR 653.80 FEET, 7. N.89°04'40"E., FOR 690.82 FEET TO AN INTERSECTION WITH THE BOUNDARY OF THE AFOREMENTIONED PLAT OF CITY GATE COMMERCE CENTER, PHASE THREE; THENCE ALONG THE BOUNDARY OF SAID PLAT OF CITY GATE COMMERCE CENTER, PHASE THREE, FOR THE FOLLOWING THREE (3) COURSES: 1. N.00°47'14"E., FOR 1,399.21 FEET, 2. N.58°30'03"W., FOR 596.93 FEET, 3. S.61°09'57"W., FOR 203.97 FEET TO AN INTERSECTION WITH THE BOUNDARY OF THE PLAT OF CITY GATE COMMERCE CENTER, PHASE ONE REPLAT, AS RECORDED IN PLAT BOOK 41, PAGE 6, OF SAID PUBLIC RECORDS; THENCE ALONG THE BOUNDARY OF SAID PLAT AND THE SOUTH PROLONGATION THEREOF, ALSO BEING THE BOUNDARY OF THE AFOREMENTIONED PLAT OF CITY GATE COMMERCE CENTER, PHASE ONE, AND THE EASTERLY PROLONGATION THEREOF OF THE NORTH BOUNDARY OF SAID PLAT, ALSO BEING THE City Gate Commerce Park MPUD Underlined text is added; Struck through text is deleted DOA- PL20190001497 November 18, 2019 3 NORTH BOUNDARY OF THE AFOREMENTIONED PLAT OF CITY GATE COMMERCE CENTER, PHASE THREE, FOR THE FOLLOWING FOUR (4) COURSES: 1. S.00°47'14"W., FOR 870.39 FEET, 2. S.89°31'01"W., FOR 456.51 FEET, 3. N.00°29'15"W., FOR 1,259.50 FEET, 4. N.89°13'01"E., FOR 5,182.54 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL OF LAND CONTAINING 419.60 ACRES, MORE OR LESS. LAKE ANDRECREATIONAL TRACTCITY GATE BOULEVARD SOUTHCITY GATE BOULEVARD NORTHCITY GATE BOULEVARD NORTHBRENNAN DRIVEFPL EASEMENTWHITE LAKEBOULEVARD CITY GATE DRIVECOLLIER BOULEVARDC.R.951INTERSTATE 75COLLIER BOULEVARDC.R.951 GOLDEN GATE CANAL"SPORTS COMPLEX LOT"EAST OF FPLEASEMENTWEST OF FPLEASEMENTSOUTH COUNTYREGIONALWATER TREATMENTPLANT(NOT WITHIN CITYGATE COMMERCEPARK MPUD)EAST OF FPLEASEMENTWEST OF FPLEASEMENT"SPORTS COMPLEX EXTENSION"PROPOSED ROWTEMPORARYCUL-DE-SACMASTER DEVELOPMENT PLANCITY GATE COMMERCE PARKIN THE NORTH HALF OF SECTION 35 & SECTION 36,TOWNSHIP 49, RANGE 26 ECOLLIER COUNTY, FLORIDA4365 Radio Road,Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. ofAuthorizationNo. 00009496PHASE ONELOT 7SHEET NO:CITY GATE COMMERCE PARK MASTER DEVELOPMENT PLANN S00°47'14"W653.80'(P)R=781.88'Δ=90°19'33"CB=S45°37'12"EC=1108.88'L=1232.62'137S89°13'01"W 2247.89'(C)S00°27'26"E 1815.14'(C)N89°13'01"E 1403.49'(C)N89°13'01"E(P) 5182.53'(C)L1N58°30'03"W 596.93'(P)N89°04'40"E 690.82'(P)N89°31'01"E454.12'(P)N04°21'08"W294.26'(P)N02°46'25"W 750.60'(P)C1N43°47'54"W 94.86'(P)N43°36'37"W 96.29'(C)SEE SHEETS 2 THROUGH 5 OF 5FOR EASEMENT INFORMATIONSURVEYED PARCEL CONTAINS419.60 ACRES, MORE OR LESSS89°31'01"W456.51'(P)S00°30'14"E(P) 335.25'(C)N01°57'22"W 264.16'(C)264.22'(M)S89°00'01"W(P) 4909.52'(C)4910.03'(M)N00°47'14"E(P) 1399.21'(C)S00°47'14"W(P) 870.39'(C)N00°29'15"W(P) 1259.50'(C)DATE:PROJECT NO.FILE NO.SCALE:SHEET NUMBERREVISIONS DESCRIPTIONDATE JOHNSON ENGINEERING, INC.2350 STANFORD COURTNAPLES, FLORIDA 34112PHONE: (239) 434-0333FAX: (239) 334-3661E.B. #642 & L.B. #64206-28-192019201935-49-261"=300'1 OF 5SECTIONS 35 & 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA CITY GATE COMMERCE PARKBOUNDARYSURVEY BOUNDARY INFORMATION10/10/2019 137SURVEYED PARCEL BOUNDARYSURVEYED PARCEL BOUNDARYSURVEYED PARCEL BOUNDARYSURVEYED PARCEL BOUNDARYDATE:PROJECT NO.FILE NO.SCALE:SHEET NUMBERREVISIONS DESCRIPTIONDATE JOHNSON ENGINEERING, INC.2350 STANFORD COURTNAPLES, FLORIDA 34112PHONE: (239) 434-0333FAX: (239) 334-3661E.B. #642 & L.B. #64206-28-192019201935-49-261"=100'2 OF 5SECTIONS 35 & 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA CITY GATE COMMERCE PARKBOUNDARYSURVEYMATCHLINE SHEET 3MATCHLINE SHEET 4*SEE SHEET 1 OF 5 FOR BOUNDARY INFORMATION*EASEMENT INFORMATION SURVEYED PARCEL BOUNDARYDATE:PROJECT NO.FILE NO.SCALE:SHEET NUMBERREVISIONS DESCRIPTIONDATE JOHNSON ENGINEERING, INC.2350 STANFORD COURTNAPLES, FLORIDA 34112PHONE: (239) 434-0333FAX: (239) 334-3661E.B. #642 & L.B. #64206-28-192019201935-49-261"=100'3 OF 5SECTIONS 35 & 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA CITY GATE COMMERCE PARKBOUNDARYSURVEY MATCHLINE SHEET 2MATCHLINE SHEET 4*SEE SHEET 1 OF 5 FOR BOUNDARY INFORMATION*MATCHLINE SHEET 5 EASEMENT INFORMATION SURVEYED PARCEL BOUNDARYSURVEYED PARCEL BOUNDARYSURVEYED PARCEL BOUNDARYDATE:PROJECT NO.FILE NO.SCALE:SHEET NUMBERREVISIONS DESCRIPTIONDATE JOHNSON ENGINEERING, INC.2350 STANFORD COURTNAPLES, FLORIDA 34112PHONE: (239) 434-0333FAX: (239) 334-3661E.B. #642 & L.B. #64206-28-192019201935-49-261"=100'4 OF 5SECTIONS 35 & 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA CITY GATE COMMERCE PARKBOUNDARYSURVEY MATCHLINE SHEET 2MATCHLINE SHEET BELOW LEFT THIS SHEET MATCHLINE SHEETABOVE RIGHT THIS SHEET MATCHLINE SHEET 3*SEE SHEET 1 OF 5 FOR BOUNDARY INFORMATION*MATCHLINE SHEET 5 EASEMENT INFORMATION SURVEYED PARCEL BOUNDARYDATE:PROJECT NO.FILE NO.SCALE:SHEET NUMBERREVISIONS DESCRIPTIONDATE JOHNSON ENGINEERING, INC.2350 STANFORD COURTNAPLES, FLORIDA 34112PHONE: (239) 434-0333FAX: (239) 334-3661E.B. #642 & L.B. #64206-28-192019201935-49-261"=200'5 OF 5SECTIONS 35 & 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA CITY GATE COMMERCE PARKBOUNDARYSURVEYMATCHLINE SHEET 4 *SEE SHEET 1 OF 5 FOR BOUNDARY INFORMATION*MATCHLINE SHEET 3 EASEMENT INFORMATION CITY GATE COMMERCE PARK Environmental Data for PUDR SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Prepared By: August 14, 2019 Updated: November 19, 2019 Updated: December 20, 2019 Collier County Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 www.eteflorida.com Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com EXHIBITS Figure 1 Location Map Figure 2 Aerial with FLUCCS Map Figure 3 Proposed Preserve Locations & Calculations Figure 4 Existing Native Vegetation on Sports Complex Expansion Figure 5. Native Vegetation Preserve Locations and Selection Criteria Figure 6 Jurisdictional Wetlands on Expansion Property Figure 7 Bald Eagle Information Map APPENDICES APPENDIX A: Collier County PUDR Pre-App Notes APPENDIX B: Protected Species Survey for Sports Park Expansion APPENDIX C: USFWS Biological Opinion for Sports Park Expansion APPENDIX D: Earth Tech Environmental Staff Qualifications APPENDIX E: Full Page Exhibits for Sports Park Expansion APPENDIX F: Environmental Information for County 305 Property 2 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com INTRODUCTION The purpose of this document is to satisfy the Environmental Data requirements (LDC Section 3.08.00) for a PUDR of the City Gate Commerce Park property (City Gate PUD), specifically the addition of 128.05 acres to the east- for incorporation of the property associated with the Collier County Sport Complex and Events Center. For this document, the additional land will be referred to as the Sports Complex Expansion. This environmental data package is in response to the circled items in the Collier County PUDR Pre-Application Notes. See Appendix A, PUDR Pre-App Notes & Environmental Checklists, pgs. 5-10. PROPERTY LOCATION The City Gate property is located in the northeastern quadrant of the intersection of Interstate 75 and Collier Boulevard (951), in Section 35, Township 49 South, Range 26 East, in Collier County, Florida (Figures 1 & 2). The PUDR is approximately 419.60 acres. Figure 1. Location Map PROJECT HISTORY The original City Gate has a long history, dating back to 1987. It has acquired all of its environmental permits, including: An Environmental Resource Permit (ERP) from the South Florida Water Management District (SFWMD), A determination of no wetlands (SWANCC) from the Army Corps of Engineers (ACOE), A biological opinion (BO) and incidental take permit (ITP) from the U.S. Fish & Wildlife Service. Copies of these documents were provided during the 2017 PUDA process. 3 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com City Gate’s history with Collier County regarding the PUD, native vegetation requirements, and vesting is as follows: 1987 April Application for Development Approval (the “ADA”). 1988 December Board of County Commissioners of Collier County adopts Development of Regional Impact Development Order 88-2 (the “DRI DO”) and City Gate Commerce Park PUD Ordinance 88-93, (“CITY GATE PUD” or “PUD”). [The PUD document provides that the PUD Master Plan is the DRI Master Plan – Map (H) from the ADA”]. 1989 January Collier County adopts Comprehensive Growth Management Plan (“Comp. Plan”). 1990 August Development Order Amendment 90-4 [Settlement of DOAH Case, Red Cockaded Woodpeckers Mitigation & Management Plan]. 1991 Collier County adopts Land Development Code (“LDC”). 1995 February Development Order Amendment 95-2 2000 May Development Order Amendment 2000-02 2000 July 28 BCC and City Gate (Predecessor-in-title) enter into PROPERTY EXCHANGE AND DESIGN / CONSTRUCTION AGREEMENT 2000 August BCC approves Resolution 2000-242. County to exchange then existing White Lake Blvd. ROW for 80’ ROW. 2003 May 15 Application for Preliminary Subdivision Plat: land west of FPL easement. 2003 July 9 Citygate Development, LLC and CG II, LLC acquire title to City Gate. 2003 October Meeting with Southwest Florida Regional Planning Council (SWFRPC) Dan Trescott [DRI Coordinator] and Jim Beever [FWS]. 2004 April 19 Meeting with County Environmental Staff William Lorenz [Director], Barbara Burgeson [Senior Environmental Specialist] and Kevin Dugan [Environmental Specialist]. 2004 June 18 City Gate presented outline draft of HCP to SWFRPC, Dan Trescott and Jim Beever. 2004 August City Gate presented outline draft HCP to County Environmental Staff William Lorenz, Barbara Burgeson and Mac Hatcher [Environmental Specialist]. 2004 August 30 City Gate meets with County Environmental Staff: William Lorenz, Barbara Burgeson, and Alexandra Sulecki [Conservation Collier]. 2004 December 27 County Environmental Staff -Laura Roys site visit – Phase One 2005 January 6 Meeting with County Environmental Staff: William Lorenz, Barbara Burgeson [Senior Environmental Specialist] and Laura Roys 2005 February 9 Meeting with County Environmental Staff: Barbara Burgeson, Laura Roys, Assistant County Attorney Patrick White & Reps of Utilities. “Staff tells City Gate to avoid current vegetation preserves requirements, get a Vested Rights Determination”. 2005 May 12 Notice that Citygate Development, LLC and CG II, LLC have applied to Collier County pursuant to Section 9.02 of Ordinance 04-41 for a determination that City Gate, as hereafter defined is vested to complete the development as authorized by the existing Development of Regional Impact Development Order 88-2, which incorporates Ordinance 88-93, the City Gate Commerce Park Planned Unit Development. 2005 June 7 County Attorney’s Office Completes Review of City Gate’s Application for Vested Rights 2005 July 12 County Attorney approves City Gate’s response: Any change in City Gate’s mitigation plan is inconsequential for the VRD. “Vesting means development rights obtained through a previously approved DRI DO are not lost by subsequent changes in the law.” “Development” is defined in Section 4 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com 380.04 [and adopted into Chapter 163 by Section 163.3164(6)] as “any carrying out of building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.” Development involves an intensification of the use of land. Mitigation conditions or management plans for listed species included in a DO, are obviously not “development” provisions; they are the terms and conditions under which development may be carried out. 2005 September 19 Collier Environmental Laura Roys reviews and approves “final modifications” to Required Yard Plan, Exhibit to Vested Rights Determination. 2005 November 18 County Manager and County Attorney execute Vested Rights Determination for City Gate Development of Regional Impact & PUD (“VRD”). The Required Yard Management Plan (“Required Yard Plan”) was an Exhibit to the VRD. 2005 November 15 BCC approves Settlement, which incorporates Vested Rights Determination (Recorded 1/13/2006 O.R. Book 3965, Page 2813). 2008 March 5 EAC unanimous approval of Phase Two Plat, which presentation included the Required Yard Plan and HCP. “The native vegetation requirements for this project were established through the original DRI process (DRI-DO 88- 2). In November 2005, a required yard plan determining the amount and location of native preservation was established through the VRD.” 2009 July 1 Federal Fish and Wildlife Permit [Endangered Species - Incidental Take] issued to City Gate 2009 August 4 Heidi Ashton-Cicko in response to Chris D’Arco’s RLS opined: The Vested Rights Determination stated that the Development Order and the PUD were to be used to determine the required native vegetation rather than the LDC provisions adopted in 2003/2004. Section VII Item 5 of Ord. 89-93 provides: "Pine trees having a Diameter to Breast Height (DBH) of 8" [inches] or more, located outside the RCW preserve but within the required yard and buffer areas in the remainder of the site, will be conserved to provide additional RCW forage areas." (Similar language is in DO 90-4 but it refers to 8 ' (feet) which appears to be a typographical error.) Since landscape plans and, preserves are reviewed during the PPL process, staff must review the plans now rather than waiting until time of SDP, to ensure compliance with the native vegetation and landscape requirements. 2009 October 9 Susan Istenes – City Gate DCA requires a PUDA [Roads private] [Public Meetings etc.], Planning Council, City Gate must go through the required notice and public hearings or it will be “the end of the world as we know it.” 2009 October 12 SFWMD issues ERP Modification – Construction and Operation 131.61 acres and conceptual authorization for the remaining project area. 2009 October 22 Joe Schmitt – City Gate DCA requires a PUDA [Roads private], since you must change the PUD, there is required notice and public hearings. 2009 December 9 Developer Agreement – City Gate is approved by BCC. (O.R. Book 4517, Page 640). County acknowledges 2005 VRD, agrees that Developer Agreement does not diminish the VRD and reaffirms that City Gate is vested. 2010 January 13 Third Amendment to the Declaration of Covenants, Conditions, Page 524) which added The Required Yard Plan to the Declaration. [Third Amendment included a provision that if any requirement of the Required Yard Plan 5 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com derived from the Red Cockaded Woodpecker Management Plan in the PUD and/or DRI Development Order is eliminated or modified by any future amendment to the PUD and/or DRI Development Order, then the corresponding requirement in the Required Yard Plan may be modified in conformance with such amendment]. 2010 November 9 Ordinance # 2010-42, amends Section VII, entitled Red Cockaded Woodpecker Plan, of the City Gate Commerce Park PUD Document in Ordinance NO 88-93, by deleting it entirely. 2010 November 9 Development Order Amendment 2010-01, Resolution 2010-223, amended Development Order 88-02, as amended, specifically the section entitled Vegetation and Wildlife Wetlands and provisions regarding Red Cockaded Woodpeckers. 2011 December 2 Fifth Amendment to Declaration of Covenants, Conditions, Restrictions and Easements for City Gate – Amended Required Yard Plan (Recorded OR Book 4751, Page 3112) in accordance with the 2010 DOA and PUDA. 2015 June 23 First Amendment to Developer Agreement (Recorded OR Book 5168, Page 3989) County acknowledges 2005 VRD, agrees that Amendment to Developer Agreement does not diminish the VRD and reaffirms that City Gate is vested. 2018 March 27 City Gate PUD Amended for Sports Complex Associated changes. ENVIRONMENTAL PUDZ-PUDA CHECKLIST (non-RFMU) See pages 5-6 of Collier County Pre-App Notes Questions are in bold; responses are not 1. Is the project in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.03.05-2.03.08; 4.08.00) Not in CV Library. Yes, see attached revised PUD document. The original City Gate PUD dates back to Ordinance 88- 93. The following describes the uses that surround the City Gate PUD: NORTH: GOLDEN GATE ESTATES UNIT 28, which was platted in 1964. This Unit contains 53 acres of roads and 46 acres of canals (the Main Golden Gate Canal runs along Unit 28’s east and south borders). WEST: (BISECTING) FPL TRANSMISSION LINE (230 Kilovolt (kV) transmission line) is in a 170-foot wide easement running from north to south across City Gate. This FPL easement was granted in 1977 and almost the entire width of the easement was cleared. The easement encompasses over 12 acres of land. (OUPARCEL IN CITY GATE) SOUTH COLLIER COUNTY REGIONAL WATER TREATMENT PLANT (SCRWTP) sits on 26.6 acres of land immediately west of the FPL easement. The property was acquired 6 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com by an eminent domain action in 1981. In 2001, Collier County began to expand the SCRWTP by 8 million gallons to 20 million gallons per day. That expansion project included the construction of 2 production wells on City Gate property near its northern border and a raw water transmission line that brings raw water from production wells further east to SCRWTP. SCRWTP has created more raw water wells in Section 25, about a half mile to a mile northeast of City Gate’s northeast property corner SOUTH: WHITE LAKE CORPORATE PARK is 144 acres, with a 44 acre lake that was originally a burrow pit for I-75. Eight acres have been designated commercial and 77 acres designated for industrial uses. Parker- Hannifin is located immediately south of City Gate with a 130,000 square foot building. I-75 with Exit 101 and the Alligator Alley Tollbooth EAST: 308 ACRES OF UNDEVELOPED PROPERTY owned by Collier County. This property is presently zoned agricultural; however, it is shown on the Future Land Use Map as industrial. COLLIER LANDFILL sits on 320 acres in the east ½ of Section 36 east of City Gate. The land was purchased by the Collier Board of County Commissioners on August 30, 1974. The first solid waste was delivered to the Landfill in December, 1976. The Landfill is currently operated on behalf of the County by Waste Management of Southwest Florida, Inc. (WMI), who was awarded a contract in 1995. The Landfill now receives an average of 400 to 500 trucks per day. All of the landfill traffic enters and exits through City Gate from Collier Boulevard (CR 951). 2. Submit a current aerial photograph (available from the Property Appraiser’s office) and clearly delineate the subject boundary lines. If the site is vegetated, provide FLUCCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G.1. Application Contents #24). FLUCFCS Overlay -P627. See Figure 2, Aerial with FLUCCS Map and vegetation descriptions below. 7 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com Figure 2. Aerial with FLUCCS Map Based on the FLUCCS system, the following communities are present on the property: FLUCCS CODE DESCRIPTION ACREAGE 140 Commercial and Services 5.93 141 Retail Gas Station 2.88 145 Hotels 8.64 159 Industrial Under Construction 8.33 175 Government (Big Cypress Basin) 4.65 186 Community Recreation Facilities (Under Construction) 75.28 321-E1 Palmetto (<25% Exotics) 13.08 321-E2 Palmetto (26-50% Exotics) 4.61 3219-E1 Disturbed Palmetto (<25% Exotics) 0.87 3219-E2 Disturbed Palmetto (26-50% Exotics) 0.59 411-E1 Pine Flatwoods (<25% Exotics) 26.95 411-E2 Pine Flatwoods (26-50% Exotics) 81.24 411-E3 Pine Flatwoods (51-75% Exotics) 58.57 411-E4 Pine Flatwoods (>75% Exotics) 4.53 411H-E3 Pine Flatwoods (>75% Exotics) 0.74 415-E3 Mixed Pine (26-75% Exotics) 13.25 415-E4 Mixed Pine (>75% Exotics) 14.97 422 Brazilian Pepper 1.11 424H-E4 Hydric Melaleuca (>75% Exotics) 6.34 435-E3 Dead Trees (26-75% Exotics) 1.60 624-E1 Cypress – Pine – Cabbage Palm (<25% Exotics) 0.40 624- E2 Cypress – Pine – Cabbage Palm (26-50% Exotics) 1.01 624-E3 Cypress – Pine – Cabbage Palm (51-75% Exotics) 22.27 8 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com 740 Disturbed Land 6.19 742 Water Management Areas 10.42 814 Roadways 26.22 8146 Primitive Trails 1.40 817 Water Transmission Easement 5.03 832 FPL Easement 12.51 Site Total: 419.61 E1 = Exotics <25% of total cover E2 = Exotics 26-50% of total cover E3 = Exotics 51-75% of total cover E4 = Exotics >75% of total cover FLUCCS 140, Commercial and Services This portion of the property is the newly constructed Hulett Pest Control Building and associated parking\landscaping. FLUCCS 141, Retail Sales and Services (Gas Station) This portion of the property includes a gas station and car wash in City Gate Phase 1. It includes the building, driveways, parking lots, and associated structures and facilities. FLUCCS 145, Tourist Services (Hotels) There are two hotels previously constructed in City Gate Phase 1. FLUCCS 159, Industrial Under Construction This community is located in the northwest corner of City Gate Phase 2. It has been permitted and cleared as part of an access road to the Collier County Resource Recovery Park. The Sports Complex is sharing this access road, which is an extension of City Gate Boulevard North. FLUCCS 175, Governmental There is a South Florida Water Management District building (Big Cypress Basin) along the north-central property line – City Gate Phase 1, lots 5 & 6. FLUCCS 186, Community Recreational Facilities (Under Construction) This community contains the development area for the Sports Complex facility. FLUCCS 321- E1/E2 (0-50% Exotics) This community is found in isolated pockets, mostly in the northwest corner of City Gate Phase 1, just south of City Gate Boulevard North, and along the eastern property boundary. It is dominated by saw palmetto with scattered slash pine in the canopy. Other vegetation present includes pennyroyal, rusty lyonia, southern sumac, and grapevine. FLUCCS 3219- E1/E2, Disturbed Palmetto (0-50% Exotics) This community is found in the northern region of the City Gate Phase 1 property. Mid-story is nearly absent, consisting of occasional saw palmetto. Dominant groundcover is dense grapevine and bracken fern. 9 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com FLUCCS 411-E1/E2/E3/E4, Pine Flatwoods (0-100% Exotics) This community makes up the majority of the remaining vegetated communities in City Gate Phase 1, as well the majority of Phase 2. It is dominated by slash pine with a common understory of saw palmetto. Other vegetation present includes buckthorn, beautyberry, grapevine, poison ivy, myrsine, and rusty lyonia. Densities of exotic vegetation, including melaleuca and ear leaf acacia, vary throughout. FLUCCS 411H-E3, Hydric Pine Flatwoods (51-75% Exotics) This community is found in the east-central portion of the City Gate property. Canopy is dominated by slash pine and melaleuca. Other vegetation includes buckthorn, cypress, swamp fern, wax myrtle, scattered grapevine and poison ivy. FLUCCS 415-E3/E4, Mixed Pine (51-100% Exotics) This community is found in the south-central and eastern-central portions of City Gate Phase 2. It contains a canopy of moderate to abundant earleaf acacia, slash pine and small bald cypress; a mid-story of sparse cabbage palm; and largely open ground cover containing dense earleaf acacia duff. FLUCCS 422, Brazilian Pepper This community is found in a small, isolated occurrence along the north-central property boundary of City Gate Phase 1. It is dominated by a dense Brazilian pepper canopy, with little to no understory vegetation. FLUCCS 424H-E4, Hydric Melaleuca (>75% Exotics) This community is found along the southern boundary of Phase 1. It is dominated by melaleuca in the canopy. Slash pine and bald cypress are scattered throughout. Other vegetation present includes wiregrass, tisckseed, and swamp fern. FLUCCS 435-E3, Dead Trees (51-75% Exotics) This community is found in the southeast corner of City Gate Phase 1. It is dominated by snags (dead trees) in areas burned by a wildfire. Other vegetation present includes Caesar weed, grapevine, poison ivy, and smilax. FLUCCS 624-E1/E2/E3, Cypress – Pine – Cabbage Palm (0-75% Exotics) This community is found along the eastern and southern boundaries of City Gate Phase 2, as well as two isolated areas in the eastern portion of Phase 1. Canopy in this community is dominated by cypress, slash pine and cabbage palm. Other vegetation present includes melaleuca, ear leaf acacia, dahoon holly, swamp fern, Caesar weed, grapevine, saw grass, buckthorn, smilax, poison ivy and wax myrtle. FLUCCS 740, Disturbed Lands Disturbed lands are those which have been changed primarily from human activities. On the site, these areas consist primarily of berms, trails and previously cleared areas and are found in isolated areas throughout City Gate Phase 1. FLUCCS 742, Water Management Areas These consist of water detention areas east of City Gate Boulevard South and at the western end of City Gate Boulevard North. These areas form the temporary water management facilities (detention) for City Gate Phase 2. 10 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com FLUCCS 814, Roadways These include the right of ways for City Gate Drive, City Gate Boulevard North and South, Brennan Boulevard and White Lake Boulevard. FLUCCS 8146, Primitive/Trails These primitive trails transect the central and southern portions of City Gate Phase 2. FLUCCS 817, Water Transmission Easement This area forms the northern property line of City Gate Phase 1, adjacent to the Golden Gate Canal. It is a utility easement for water lines that run from the Resource Recovery Property (to the NE) back to the South County Regional Water Treatment Plant. FLUCCS 832, FPL Easement This includes the area east of the Water Treatment Plant and consists of a Florida Power and Light (FPL) easement. 3. Clearly identify the location of all preserves and label each as “Preserve” on all plans. (LDC 3.05.07.H.1). Native vegetation requirements for the City Gate project were established through the original DRI process in 1988 (DRI-DO 88-2). These requirements were further clarified and quantified through the Vested Rights Determination completed on November 18th, 2005. During the course of the Vested Rights Determination process, City Gate worked closely with Collier County environmental staff to develop a “Required Yard Plan” that is meant to govern the amount and location of native vegetation preservation on the City Gate property. One finding of fact in the Vested Rights Determination was that the City Gate Commerce Park Development Order, as amended, was deemed consistent with the Growth Management Plan. More specifically, the Required Yard Plan as approved allows the proposed preserve areas on the property to not be in compliance with the GMP. As outlined in the PUD, the provisions for native vegetation retention requirements for the current City Gate site are set forth in the Required Yard Plan, an exhibit to the Vested Rights Determination (PUD Supplement B); which is an exhibit to the Settlement Agreement and Release (PUD Supplement C), dated January 13, 2006, recorded in OR Book 3965, Page 2,813 et seq. Public Records, Collier County Florida. Preserve requirements for the Sports Complex Extension lands will be handled according the LDC or according to a deviation. See the PUD for proposed deviation. Figure 3 below shows proposed locations of a retained preserve within the Sports Complex Extension and on the abutting Collier County owned “County 305 Property”. Calculations for the acreage of required preserve are shown on Figure 3. 11 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com Figure 3. Proposed Preserve Calculations and Location 4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on-site or mitigated off-site. 12 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.B-D; 3.05.07.F; 3.05.07.H.1.d-e). Preserve Calculation – P547. See discussion above in #3. Based on the Collier County approved 2004\2005 FLUCCS mapping for the PUD, the native vegetation requirement for each current phase of City Gate is: Phase 1: 0.82 acres Phase 2: 5.15 acres Phase 3: 24.59 acres For the next phase of the Sports Complex, the project is proposing to preserve 13.65 acres of native vegetation. See calculations below and Figure 4 for Existing Native Vegetation Map. Overall Site Acreage 128.05 acres Proposed Right-of-Way (ROW) Acreage 14.92 acres Net Acreage (ROW excluded) 113.13 acres ACREAGE SUMMARY BY FLUCCS COMMUNITY FLUCCS CODE TOTAL ACREAGE FLUCCS ACREAGE INSIDE ROW FLUCCS ACREAGE OUTSIDE ROW 159 8.33 3.32 5.01 411-E2 11.25 0.58 10.67 411-E3 52.05 N/A 52.05 411-E4 4.53 2.64 1.89 415-E3 13.25 N/A 13.25 415-E4 14.97 1.06 13.91 624-E3 22.27 7.26 15.01 8146 1.40 0.06 1.34 Totals: 128.05 14.92 113.13 Existing Native Vegetation Community According to the LDC, native FLUCCS communities within road right-of-ways do not count towards a parcel’s native vegetation inventory. Additionally, FLUCCS codes with an “E4” designator are not considered native vegetation due to the high level of exotics. Based on the table above, the total existing native vegetation on the property that falls outside the proposed road ROW is 90.98 acres. (10.67 + 52.05 + 13.25 + 15.01 = 90.98). Therefore, based on the LDC, the property will be required to preserve 13.65 acres of existing native vegetation (90.98 x 15% = 13.65). 13 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com Figure 4. Existing Native Vegetation 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H. I .b. Preserve Width. To Be Determined. As outlined in the PUD, the provisions for native vegetation retention requirements for the current City Gate site are set forth in the Required Yard Plan. Preserve requirements for the Sports Complex Extension lands will be handled according the LDC or according to several deviations. See the PUD for proposed deviations. Figure 3 above shows proposed locations of retained preserves within the Sports Complex Extension. 14 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. (LDC 3.05.07.A. l-4) Preserve Selection- P550 As outlined in the PUD, the provisions for native vegetation retention requirements for the current City Gate site are set forth in the Required Yard Plan. Preserve requirements for the Sports Complex Extension lands will be handled according to the LDC and a single deviation. See the PUD for proposed deviation. Figures 3 & 5 show proposed locations of retained preserves for the Sports Complex Extension. 4.37 acres of the preserve (Area 1) will be provided on the Sports Park Complex Extension Property. 9.28 acres of preserve (Area 2) will be provided on the adjacent County owned property, know as the “County 305 Property”. Area 1 & Area 2 (4.37 acres + 9.28 acres = 13.65 acres) meet the Sports Complex Extension preserve requirement and provide the preserve in a single contiguous location. This preserve configuration also provides a mix of upland and wetland habitats that tie into the largest preserve provided on the first phase of the Sports Park (on City Gate). Figure 5 also illustrates the preserve requirement for the remainder of the County 305 property and where it would be located. Background environmental information for the remainder of the County 305 property has been provided in Appendix F in order to illustrate that preserve selection criteria and sizing has been met for future development of this property. The appendix includes a protected species survey, FLUCCS mapping, a SFWMD approved wetland jurisdictional map, and a map detailing existing native vegetation on the property. The existing native vegetation on the remaining County 305 property totals 150.01 acres. A breakdown of how the 150.01 acres of existing native vegetation was calculated is included in Exhibit F. Future road right-of-ways and a canal division drainage easement (as shown on Figures 3 & 5) encumber 20.55 acres of the site. 150.01 acres – 20.55 acres = 129.46 acres of existing native vegetation. 129.46 acres x 15% preserve requirement = 19.42 acres of preserve required on the remainder of the County 305 property. This preserve (19.42 acres) is shown in Figures 3 & 5 and is located adjacent to Areas 1 & 2 discussed above. 15 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com Figure 5. Native Vegetation Preserve Locations and Selection Criteria 16 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com 7. Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross-sections for each preserve boundary identifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback – New See PUD Master Plan. 8. Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) Listed Species – P522 Numerous species surveys have been conducted on the City Gate property and the majority of the site is constructed or under construction. Species surveys for vacant parcels within City Gate will be required at the SDP level. A protected species survey was conducted on the additional 128.05 acres in May 2019. Additional species specific surveys have been conducted as part of the environmental resource permitting (ERP) process on the property. See Appendix B, Protected Species Survey and Appendix C, Approved USFWS Biological Opinion. 9. Provide Environmental Data identifying author credentials, consistency determination with the GMPs, off-site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 3.08.00) Environmental Data Required - P 522 This Environmental Data document was prepared by Earth Tech Environmental (ETE). See Appendix D for ETE Staff Qualifications. The City Gate property is fully permitted through the SFWMD and the USACE. Wetlands on the City Gate site have been mitigated for. For the Sports Complex Extension property, the applicant is currently pursuing an environmental resource permit (ERP) that will establish water management design on the site. A wetland determination with the SFWMD was completed earlier this year and the wetland limits have been approved. See Figure 6 below. No soil or groundwater sampling is necessary for the additional lands (Sports Complex Extension). The entire acreage is wooded and has never been used for farm fields or golf courses. 17 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com Figure 6. Approved Jurisdictional Wetlands on the Expansion Property 10. PUD Document and Master Plan shall state the minimum acreage required to be preserved (LDC 10.02.13.A.2) Master Plan Contents-P626 See PUD Document and PUD Master plan provided by Davidson Engineering. 11. If the PUD includes a Preserve Tract section A. Principal Use: Preserve B. Accessory Uses: Uses subject to LDC section Allowable uses within County required preserves. C. Alternate format. If the agent insists on listing specific uses under Accessory Uses, the following language shall be used for B: B. Passive uses are allowed within preserves to provide for access to the preserve, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation or cause loss of function to the preserve. Passive uses are subject to LDC section Allowable uses within County required preserves: 18 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com 1. Pathways 2. Stormwater only when in accordance with the LDC. PUD Commitments and Site Plan Notes Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document or master plan: Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. See PUD Document and PUD Master plan provided by Davidson Engineering. 12. PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that will be preserved on the site. (LDC 10.02.13.A.2) Unique Features- P628 Example: A management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. Numerous species surveys have been conducted on the City Gate property and the majority of the site is constructed or under construction. Species surveys for vacant parcels within City Gate will be required at the SDP level. A protected species survey was conducted on the additional 128.05 acres in May 2019. Additional species specific surveys have been conducted as part of the environmental resource permitting (ERP) process on the property. See Appendix B, Protected Species Survey and Appendix C, Approved USFWS Biological Opinion. ENVIRONMENTAL DATA CHECKLIST See pages 7-10 of Collier County Pre-App Notes Questions are in bold; responses are not 1. Provide the EIS fee if PUD or CU. See submittal from Davidson Engineering. 2. Who and what company prepared the Environmental Data Report? This Environmental Data Report was prepared by Earth Tech Environmental, LLC. staff Jennifer Bobka, and Jeremy Sterk. See Appendix D for ETE Staff Qualifications. 3. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (FDEP) prior to SDP or final plat construction plans approval. For sites in the RFMU 19 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. See Figure 6, for approved SFWMD wetlands on the Sports Complex Extension portion of the PUD. The applicant is currently pursuing an environmental resource permit (ERP) for the extension property. 7. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered. Numerous species surveys have been conducted on the City Gate property and the majority of the site is constructed or under construction. Species surveys for vacant parcels within City Gate will be required at the SDP level. A protected species survey was conducted on the additional 128.05 acres in May 2019. Additional species specific surveys have been conducted as part of the environmental resource permitting (ERP) process on the property. See Appendix B, Protected Species Survey and Appendix C, Approved USFWS Biological Opinion. No bald eagle nests have been documented within 0.5-mile of the Subject Property (Figure 7). 20 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com Figure 7. Bald Eagle Map 8. Provide a survey for listed plants identified in 3.04.03. See Appendix B, Protected Species Survey. 9. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLU CFCS overlay for the site. Wildlife habitat management plans shall be included on the SOP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SOP or final plat construction plans. Note: Not required at time of Land use petitions except for Bald Eagle Management Plans. Staff requests management plans for other species are only provided at time of Plat or SDP. Mitigation, monitoring, and wildlife management plans are being finalize through the State and Federal agencies during ERP permitting for the Sports Complex Extension portion of the PUD. See Appendix C for the Approved USFWS Biological Opinion. 11. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site according to the Florida Land Use Cover and Forms Classification 21 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com System (FLUCFCS) and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. a. Provide descriptions of each FLUCFCS code See Figure 2, Aerial with FLUCCS Map and proceeding descriptions above. Provide calculations for the acreage of native vegetation required to be retained on-site. a. Demonstrate on map. b. Provide a companion chart. See items #3 & #4 under the PUDA-PUDZ environmental checklist above for discussion. See PUD master plan provided by Davidson Engineering. 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1(13), if requested. See list of deviations and justifications provided by Davidson Engineering. 24. The County Manager or designee may require additional data or information necessary to evaluate the project’s compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) The following to be determined at preapplication meeting: (Choose those that apply) a. Provide overall description of project with respect to environmental and water management issues. The PUD amendment adds 128.05 acres to the City Gate PUD. The additional lands are and expansion of the Collier County Sports Complex that is currently under construction within City Gate. The applicant is pursuing an environmental resource permit through the SFWMD and USACE that will address wetland impacts and water management issues within the expansion area. b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. Specifically, Policy 6.1.1 and Objective 7.1, per page 4 of Pre App Notes. Policy 6.1.1 …Native vegetation shall be preserved through the application of the following minimum preservation and vegetation retention standards and criteria… (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use Element.) 22 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com Coastal High Hazard Area Non-Coastal High Hazard Area Residential and Mixed Use Development Less than 2.5 acres. 10% Equal to or greater than 2.5 acres. 25% Less than 5 acres. 10% Equal to or greater than 5 acres and less than 20 acres. 15% Equal to or greater than 20 acres. 25% Golf Course 35% 35% Commercial and Industrial Development Less than 5 acres. 10% Equal to or greater than 5 acres. 15% Less than 5 acres. 10% Equal to or greater than 5 acres. 15% Industrial Development (Rural- Industrial District only) 50%, not to exceed 25% of the project site. 50%, not to exceed 25% of the project site. The amount of existing native vegetation is 90.98 acres. The LDC preserve requirement is 15%. 90.98 * .15 = 13.65 acres of preserve required. See Figures 3 and 4 above and preserve calculations below, as well as updated PUD document. Overall Site Acreage 128.05 acres Proposed Right-of-Way (ROW) Acreage 14.92 acres Net Acreage (ROW excluded) 113.13 acres ACREAGE SUMMARY BY FLUCCS COMMUNITY FLUCCS CODE TOTAL ACREAGE FLUCCS ACREAGE INSIDE ROW FLUCCS ACREAGE OUTSIDE ROW 159 8.33 3.32 5.01 411-E2 11.25 0.58 10.67 411-E3 52.05 N/A 52.05 411-E4 4.53 2.64 1.89 415-E3 13.25 N/A 13.25 415-E4 14.97 1.06 13.91 624-E3 22.27 7.26 15.01 8146 1.40 0.06 1.34 Totals: 128.05 14.92 113.13 Existing Native Vegetation Community According to the LDC, native FLUCCS communities within road right-of-ways do not count towards a parcel’s native vegetation inventory. Additionally, FLUCCS codes with an “E4” designator are not considered native vegetation due to the high level of exotics. Based on the table above, the total existing native vegetation on the property that falls outside the proposed road ROW is 90.98 acres. (10.67 + 52.05 + 13.25 + 15.01 = 90.98). Therefore, based on the LDC, the property will be required to preserve 13.65 acres of existing native vegetation (90.98 x 15% = 13.65). 23 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com Objective 7.1 Direct incompatible land uses away from listed animal species and their habitats. (The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17.) The property owner is working with the USFWS and FWC to assess and potentially mitigate for impacts to listed species as part of their ERP process. The property meets Objective 7.1 because language has been added to the environmental section of the PUD to address listed species. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. See items #3 & #4 under the PUDA-PUDZ environmental checklist above for discussion. See PUD master plan provided by Davidson Engineering. See requested deviations and justifications for deviations provided by Davidson Engineering. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. The current ERP applications propose impacts to all the wetlands on the Sports Complex Expansion portion of the PUD. The loss of onsite function due to wetlands impacts will be mitigated for offsite at an agency approved wetland mitigation bank. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. The property owner is working with the USFWS and FWC to assess and potentially mitigate for impacts to listed species as part of their ERP process. 25. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. See this document. 26. Is EAC Review (by CCPC) required? To be determined at First Review. 24 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com APPENDIX A Collier County PUDR Pre-App Notes 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com APPENDIX B Protected Species Survey for Sports Park Expansion 49 COLLIER COUNTY SPORTS COMPLEX AND EVENTS CENTER – PHASE 2 PROTECTED SPECIES SURVEY SECTION 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Prepared By: May 9, 2019 Collier County Engineering & Natural Resources Department 2800 North Horseshoe Drive Naples, FL 34134 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 www.eteflorida.com 50 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com TABLE OF CONTENTS 1.0 INTRODUCTION ...................................................................................................................................... 3 2.0 LOCATION ............................................................................................................................................... 3 3.0 SPECIES SURVEY MATERIALS & METHODS............................................................................................. 4 4.0 EXISTING SITE CONDITIONS ................................................................................................................... 4 5.0 RESULTS ................................................................................................................................................ 10 6.0 REFERENCES ......................................................................................................................................... 17 EXHIBITS Figure 1 Site Location Map Figure 2 Aerial Map Figure 3 FLUCCS Map with Aerial Figure 4 FLUCCS Map Figure 5 Transect Map & Field Results Figure 6 Florida Bonneted Bat Consultation and Focal Area Figure 7 Wood Stork Information Figure 8 Florida Panther Information Figure 9 Florida Black Bear Information 51 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com 1.0 INTRODUCTION Earth Tech Environmental (ETE) conducted a formal Protected Species Survey (PSS) in October 2018 to search for listed species on the property referred to as Collier County Sports Complex and Events Center – Phase 2 (Subject Property) prior to development. The Subject Property is part of the overall Collier County Sports Complex located to the west on City Gate property, which is currently under construction. An initial Environmental Assessment was conducted by ETE on October 18, 23, & 25 2018 to search the Subject Property for the potential presence of listed species of concern based on the determined Florida Land Use Cover and Forms Classification System (FLUCCS) vegetation. Since the initial Environmental Assessment was completed, additional field work was conducted in October, November, and December 2018 to flag the wetlands, confirm the various FLUCCS communities, and search for listed species. 2.0 LOCATION The Subject Property is located just north of I-75 and approximately 1.28 miles east of Collier Boulevard in Naples, Collier County, Florida and consists of a portion of a single parcel (Parcel No. 00298480005). According to the engineer-provided parcel boundary, the Subject Property is approximately 128.05 acres. See Figure 1 below for a location map. Figure 1. Site Location Map 52 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com 3.0 SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication “Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida.” This methodology is as follows: Existing vegetation communities or land-uses on the subject site are delineated on a recent aerial photograph (Collier County 2019) using the Florida Land Use, Cover and Forms Classification System (FLUCCS). FLUCCS mapping for this property is detailed below in (Figures 3 & 4). The resulting FLUCCS codes are cross-referenced with a list of protected plant and animal species. The lists were obtained from two agency publications:  “Florida’s Endangered Species, Threatened Species & Species of Special Concern-Official Lists”, May 2017.  “Notes on Florida’s Endangered and Threatened Plants”, Florida Department of Agriculture and Consumer Services, 2010. The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community. See Table 3 of this report for the species list that applies to the FLUCCS communities associated with the Subject Property. In the field, each FLUCCS community is searched for listed species or signs of listed species. This is accomplished using a series of transects throughout each vegetation community (see Figure 5). If necessary, transect integrity is maintained using a handheld GPS in track mode. Signs or sightings of all listed and non-listed species are then recorded, which are flagged in the field and marked by GPS. Based on the habitat types found on the Subject Property during the initial Environmental Assessment, particular attention was paid to the presence or absence of listed plant species such as wild pine, twisted air plants, and butterfly orchids. The presence and absence of listed animal species such as Big Cypress fox squirrel, Florida bonneted bat, wood stork, and Florida panther were also considered. Approximately eighty-one (81) man-hours were logged on the Subject Property during this species survey (see Table 1). 4.0 EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey ranged from the mid 70’s to mid 90’s. Cloud cover varied from scattered to overcast. The Subject Property is vacant and densely vegetated consisting of both wetland and upland communities. Extensive exotic vegetation is present throughout the property. The Subject Property is bordered by TABLE 1. FIELD TIME SPENT ON THE SUBJECT PROPERTY Date Start Time End Time No. Ecologists Man Hours Task October 18, 2018 8:00am 4:00pm 4 32 Species Survey Fieldwork October 23, 2018 8:00am 3:00pm 4 28 Species Survey Fieldwork October 25, 2018 8:00am 3:00pm 3 21 Species Survey Fieldwork 53 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com vacant/undeveloped land to the south, the Collier County landfill to the east, the Collier County Sports Complex to the west on City Gate property, and the Collier County Resource Recovery Park to the north. The Subject Property has the following surrounding land uses: North Industrial Under Construction East Landfill South I-75/Undeveloped/Vacant West Commercial Under Construction Figure 2. Aerial Map 54 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Listed below are the FLUCCS communities identified on the site. The community descriptions correspond to the mappings on the FLUCCS maps below (Figures 3 and 4). See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. The Florida Exotic Pest Plant Council’s (FLEPPC) list of invasive species contains Category 1 species that may be found on the Subject Property. Category 1 species are invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives (FLEPPC). A significant factor in mapping vegetative associations and local habitats is the invasion of these species such as Brazilian pepper, ear leaf acacia, melaleuca, Caesar weed, and air potato. Levels of exotic density were mapped by using field observations and photo interpretation as shown in Figures 3 and 4. Modifiers, or “E” designators, are appended to the FLUCCS codes to indicate the approximate density of exotics in the canopy and/or sub-canopy. TABLE 2. FLUCCS COMMUNITIES AND CORRESPONDING ACREAGES FLUCCS CODE DESCRIPTION ACREAGE 159 Industrial Under Construction 8.33 411-E2 Pine Flatwoods (26-50% Exotics) 11.25 411-E3 Pine Flatwoods (51-75% Exotics) 52.05 411-E4 Pine Flatwoods (>75% Exotics) 4.53 415-E3 Mixed Pine (51-75% Exotics) 13.25 415-E4 Mixed Pine (>75% Exotic) 14.97 624-E3 Cypress-Pine-Cabbage Palm (51-75% Exotics) 22.27 8146 Primitive/Trails 1.40 Site Total: 128.05 E1 = Exotics <25% of total cover E2 = Exotics 26-50% of total cover E3 = Exotics 51-75% of total cover E4 = Exotics >75% of total cover 55 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 3. FLUCCS Map with Aerial 56 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 4. FLUCCS Map FLUCCS 159, Industrial Under Construction This community is located in the northwest corner of the Subject Property. It has been permitted and cleared as part of an access road to the Collier County Resource Recovery Park. The Sports Complex is sharing this access road, which is an extension of City Gate Boulevard North. FLUCCS 411-E2, Pine Flatwoods (26-50% Exotics) This community is located in one strand in the southeast portion of the Subject Property as well as in two small areas near the northeast corner. Canopy vegetation is dominated by slash pine (Pinus elliottii) and 57 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com earleaf acacia (Acacia auriculiformis). Other vegetation includes abundant saw palmetto (Serenoa repens), cabbage palm (Sabal palmetto), and various grasses scattered throughout. Exotic cover is moderate with earleaf acacia throughout and scattered melaleuca (Melaleuca quinquenervia) near the transitional boundaries. FLUCCS 411-E3, Pine Flatwoods (51-75% Exotics) This community is located along a majority of the western portion of the Subject Property. Canopy vegetation is dominated by slash pine and earleaf acacia. Other vegetation includes saw palmetto, cabbage palm, and various grasses scattered throughout. Exotic coverage is moderately high with earleaf acacia throughout and scattered melaleuca near the transitional boundaries. FLUCCS 411-E4, Pine Flatwoods (>75% Exotics) This community is located along the northern boundary of the Subject Property. Canopy vegetation is dominated by slash pine and earleaf acacia. Other vegetation includes saw palmetto, cabbage palm, and various grasses scattered throughout. Exotic coverage is high with dense earleaf acacia, Caesarweed (Urena lobata), and some Brazillian pepper (Schinus terebinthifolia). FLUCCS 415-E3 Mixed Pine (51-75% Exotics) This community is found in the south-central portion of the Subject Property. Canopy cover is dominated by moderate amounts of earleaf acacia, slash pine, and small, scattered bald cypress (Taxodium distichum). Mid-story consists of sparse cabbage palm. Ground cover is largely open with dense earleaf acacia duff. FLUCCS 415-E4 Mixed Pine (>75% Exotics) This community is found in the eastern-central portion of the Subject Property. Canopy cover is dominated by abundant earleaf acacia, slash pine, and small, scattered bald cypress. Mid-story consists of sparse cabbage palm. Ground cover is largely open with dense earleaf acacia duff. FLUCCS 624-E3 Cypress-Pine-Cabbage Palm (51-75% Exotics) This community is found along much of the eastern half of the Subject Property, as well as an isolated ‘island’ in the southwestern property corner. Canopy cover is a mix of larger bald cypress, scattered slash pine, cabbage palm, melaleuca, and earleaf acacia. Other vegetation includes moderate swamp fern (Telmatoblechnum serrulatum). Wetland hydrologic indicators such as water lines, elevated lichen lines, and bald cypress knees can be found throughout the community. Exotic cover is high with melaleuca and earleaf acacia with some Caesarweed near the transitional boundaries. FLUCCS 8146, Primitive/Trails These primitive trails transect the central portion of the Subject Property north to south and fork near the southern portion of the Subject Property. The various protected species which may occur in the corresponding FLUCCS communities are shown below in Table 3. 58 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com TABLE 3. PROTECTED SPECIES LIST ACCORDING TO FLUCCS COMMUNITY FLUCCS CODE POTENTIAL LISTED SPECIES SCIENTIFIC NAME DESIGNATED STATUS FWC or FDA FWS 159 NONE - - - 411 Bald Eagle Haliaeetus leucocephalus - SSC Beautiful Pawpaw Deeringothamnus rugelii var. pulchellus E E Big Cypress Fox Squirrel Sciurus niger avicennia T - Eastern Indigo Snake Drymarchon corais couperi T T Fakahatchee Burmannia Burmannia flava E - Florida Bonneted Bat Eumops floridanus E E Florida Coontie Zamia integrifolia C - Florida Panther Felis concolor coryi E E Gopher Tortoise Gopherus polyphemus T - Red-Cockaded Woodpecker Picoides borealis E E Satinleaf Chrysophyllum oliviforme T - Southeastern American Kestrel Falco sparverius paulus T - Twisted Air Plant Tillandsia flexuosa T - 415 Bald Eagle Haliaeetus leucocephalus - SSC Beautiful Pawpaw Deeringothamnus rugelii var. pulchellus E E Big Cypress Fox Squirrel Sciurus niger avicennia T - Eastern Indigo Snake Drymarchon corais couperi T T Fakahatchee Burmannia Burmannia flava E - Florida Bonneted Bat Eumops floridanus E E Florida Coontie Zamia integrifolia C - Florida Panther Felis concolor coryi E E Gopher Tortoise Gopherus polyphemus T - Red-Cockaded Woodpecker Picoides borealis E E Satinleaf Chrysophyllum oliviforme T - Southeastern American Kestrel Falco sparverius paulus T - Twisted Air Plant Tillandsia flexuosa T - 624 American Alligator Alligator mississippiensis SSC T(S/A) Bald Eagle Haliaeetus leucocephalus - SSC Everglades Mink Mustela vison evergladensis T - Florida Bonneted Bat Eumops floridanus E E Florida Panther Felis concolor coryi E E Little Blue Heron Egretta caerulea T - Tricolored Heron Egretta tricolor T - Wood Stork Mycteria americana T T 8146 NONE - - - Abbreviations Agencies: Status: FDA = Florida Department of Agriculture and Consumer Services CE = Commercially Exploited FWC = Florida Fish & Wildlife Conservation Commission E = Endangered FWS = United States Fish and Wildlife Service SSC = Species of Special Concern T = Threatened T(S/A) = Threatened/Similarity of Appearance 5.0 RESULTS All relevant species observed on the Subject Property are detailed in Table 4 and any protected species observed are specifically noted. See Figure 5 below for transect and field results. 59 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 5. Transect Map & Field Results 60 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com TABLE 4. BIRDS, MAMMALS, AMPHIBIANS, REPTILES, & PLANTS OBSERVED ON THE SUBJECT PROPERTY COMMON NAME SCIENTIFIC NAME OBSERVATIONS LISTED SPECIES? STATUS BIRDS Red-Bellied Woodpecker Melanerpes carolinus DV N - Red Shouldered Hawk Buteo lineatus DV N - Turkey Vulture Cathartes aura DV N - Green Heron Butorides virescens DV N - Mourning Dove Zenaida macroura DV N - MAMMALS Big Cypress Fox Squirrel* Sciurus niger avicennia DV Y ST Eastern Gray Squirrel Sciurus carolinensis DV N - Armadillo Dasypus novemcinctus OH N - Wild Hog Sus scrofa OT N - White-Tailed Deer Odocoileus virginianus OT N - REPTILES Water Moccasin Agkistrodon piscivorus DV N - Black Racer Coluber constrictor priapus DV N - Brown Anole Anolis sagrei DV N - AMPHIBIANS None - - - - PLANTS Butterfly Orchid* Encyclia tampensis DV Y CE Common Wild Pine* Tillandsia fasciculata DV Y E * = protected species Abbreviations Observations: Observations: Status: C = Cavity N = Nest CE = Commercially Exploited DB = Day Bed OH = Observed Hole/Burrow FE = Federally Endangered DV = Direct Visual OT = Observed Tracks FT = Federally Threatened HV = Heard Vocalization(s) R = Remains SSC = Species of Special Concern MT = Marked Tree S = Scat ST = State Threatened Below are discussions of each listed species observed on the Subject Property: Big Cypress Fox Squirrel (Sciurus niger avicennia) One Big Cypress fox squirrel was observed on the Subject Property. The typical management for the fox squirrel is to enhance any onsite habitat that remains in preserve areas. To ensure that active nests are not impacted during construction, the site may be required to be surveyed for fox squirrel nests immediately prior to clearing activities. Listed Plants Common wild pine (Tillandsia fasciculata) and butterfly orchids (Encyclia tampensis) were observed on the Subject Property. Typically, individual plants are relocated from proposed impact areas into onsite (or offsite) preserves prior to construction. The Subject Property does have community types in which protected species would likely reside. During permitting, the following listed species concerns may be raised by the agencies: 61 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 6. Florida Bonneted Bat Consultation Area and Focal Area Florida Bonneted Bat (Eumops floridaus) The Subject Property falls within the US Fish & Wildlife Service (USFWS) consultation area and focal area for the Florida bonneted bat (see Figure 6). During the species survey, two (2) cavities were observed within slash pine trees. A full Florida bonneted bat cavity survey and acoustic foraging survey has been conducted on the Subject Property and will be provided to the USFWS during consultation. 62 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 7. Wood Stork Information Wood Stork (Mycteria americana) The Subject Property falls within the core foraging area (estimated at 18.6 miles) of one (1) wood stork colony in Collier County (see Figure 7). The dense/overgrown nature of the wetland habitat on the property likely precludes wood stork foraging. An independent wood stork foraging analysis has been conducted on the Subject Property and will be provided to the USFWS during consultation. 63 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 8. Florida Panther Information Florida Panther (Felis concolor coryi) The Subject Property falls within the US Fish & Wildlife Service (USFWS) Florida panther consultation area and Primary Panther Habitat (see Figure 8). Multiple telemetry points from tracked panthers fall on and within the vicinity of the property. An independent Florida panther impact assessment has been conducted on the Subject Property and will be provided to the USFWS during consultation. 64 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 9. Florida Black Bear Information Florida Black Bear (Ursus americanus floridanus) The Subject Property falls within abundant black bear habitat with numerous black bear-related calls falling in the general proximity of the property (see Figure 9). The County may require the Client to implement FWC-approved bear-proof waste receptacles on the Subject Property. 65 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com 6.0 REFERENCES Ashton, Ray E. and Patricia S. “The Natural History and Management for the Gopher Tortoise.” Krieger Publishing Company. Malabar, Florida. 2008. Collier County Property Appraiser. http://www.collierappraiser.com Cox, James; Inkley, Douglas; and Kautz, Randy. “Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-Scale Development in Florida.” Nongame Wildlife Program Technical Report No. 4. December 1987. http://www.fwspubs.org/doi/suppl/10.3996/062015-JFWM-055/suppl_file/062015-jfwm- 055.s2.pdf?code=ufws-site “Florida’s Endangered and Threatened Species”- Official List. Florida Fish and Wildlife Conservation Commission. Updated May 2017. http://myfwc.com/media/1515251/threatened-endangered-species.pdf http://myfwc.com/imperiledspecies/ Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of Transportation. January 1999. http://www.fdot.gov/geospatial/documentsandpubs/fluccmanual1999.pdf http://www.fdot.gov/geospatial/doc_pubs.shtm Weaver, Richard E. and Anderson, Patti J. “Notes on Florida’s Endangered and Threatened Plants.” Bureau of Entomology, Nematology and Plant Pathology – Botany Section. Contribution No. 38, 5th Edition. 2010. http://freshfromflorida.s3.amazonaws.com/fl-endangered-plants.pdf http://www.freshfromflorida.com/Divisions-Offices/Plant-Industry/Bureaus-and-Services/Bureau-of- Entomology-Nematology-Plant-Pathology/Botany/Florida-s-Endangered-Plants 66 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com APPENDIX C USFWS Biological Opinion for Sports Park Expansion 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com APPENDIX D Earth Tech Environmental Staff Qualifications 162 239.304.0030 | www.eteflorida.com Wetland Determinations Monitoring Well Installation GIS Mapping Phase I ESAs Environmental Resource Permitting (ERP) Natural Resource Management Trail Maintenance Mechanical and Manual Forest Fuel Reduction Ms. Bobka joined Earth Tech Environmental, LLC (ETE) in 2016 as an Ecologist with more than 8 years of private and public sector experience in the environmental field. As an Ecologist, Jennifer fulfills duties in environmental consulting, wetland & wildlife monitoring, species surveys, GIS mapping, Phase I Environmental Site Assessments (ESAs), and ERP permitting. Relevant Experience Jennifer has worked as a Naturalist for a non-profit in Collier County, a Manatee Research Intern with Florida Fish & Wildlife Conservation Commission in Palm Beach, and a Field Crew Leader for Montana Conservation Corps. Her varied experience spans coastal marine, shoreline and estuarine habitats, to upland forests and alpine environments. She has worked with a wide variety of native and invasive plant and wildlife species, with a special interest in threatened and endangered species. She is also an experienced environmental educator and Certified Interpretive Guide. Jennifer’s work experience includes: Vegetation and Habitat Mapping Bald Eagle Monitoring Shorebird Surveys Burrowing Owl Surveys Species Management Plans Submerged Resource Surveys Turbidity Monitoring Seagrass Surveys Protected Species Surveys Small Watercraft Operations Invasive and Exotic Species Removal Ecological Restoration Wildfire Assessments Environmental Education & Outreach Relevant Certifications/Credentials Florida Master Naturalist, Wetlands & Coastal Modules, IFAS, 2018 Nitrox Certified Diver, SCUBAdventures, 2018 Certified Interpretive Guide, National Association of Interpretation, 2016 PADI Open Water SCUBA Diver, SCUBA Outfitters of Naples, 2012 Wilderness First Responder, SOLO Schools, 2009 JENNIFER BOBKA Consulting Manager/Ecologist e: jenniferb@eteflorida.com t: 239.304.0030 m: 406.579.4616 Years’ Experience 8 years Education/Training B.A. Environmental Studies Montana State University (2009) Marine Biology & Coastal Ecology Study Abroad, Costa Rica (2007) Python Responder The Nature Conservancy (2015) Sawyer Training US Forest Service (2010) Professional Affiliations Florida Association of Environmental Professionals (FAEP) League of Environmental Educators of Florida 163 239.304.0030 | www.eteflorida.com Mr. Sterk has been an environmental consultant in Southwest Florida since 1994 and has worked on projects throughout Collier, Lee, Hendry, DeSoto, Glades, and Charlotte counties. His varied experience spans marine, upland, and estuarine habitats and includes extensive work with a wide variety of listed species. Relevant Experience In addition to authoring dozens of habitat and species management plans, in 2007, Jeremy co-authored the first habitat conservation plan (HCP) in the nation to address incidental take issues for both red cockaded woodpeckers (RCW) and Florida panther on the same property. In 1998, he wrote an ecological assessment computer model for the South Florida Water Management District as part of the South Lee County Watershed Study. Early in his career, Jeremy was the principal investigator of a field research project in the Bahamas that utilized telemetry tracking to study the swimming speed of sub-adult lemon sharks. Jeremy’s work experience includes: Protected Species Surveys Environmental Resource Permitting (ERP) Listed Species Management Plans Turbidity Monitoring Vegetation & Habitat Mapping Wetland & Water Level Monitoring USFWS Section 7 & Section 10 Permitting Environmental Impact Statements (EIS) Water Use Monitoring & Compliance Project Management Preserve Management Plans GIS / GPS Mapping & Exhibits Post Permit Compliance Phase 1 Environmental Site Assessments Environmental Land Use Planning Phase II Environmental Site Assessments Native Vegetation Restoration Plans Lake Management Plans Incidental Take Permitting Due Diligence Reports Site and Aerial Photography Wetland Jurisdictional Determinations USFWS Bald Eagle Monitor Bonneted Bat Surveys Gopher Tortoise Surveys, Permitting, & Relocations Mangrove Assessments & Restorations Scrub Jay Surveys Hard Bottom & Soft Bottom Benthic Surveys Burrowing Owl Surveys Artificial Reef Deployments Shorebird Surveys Seagrass Surveys Certifications/Credentials Certified Environmental Professional #1692037, Academy of Board Certified Environmental Professionals Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise Agent (Permit No. GTA-09-00192) Florida Fish and Wildlife Conservation Commission Burrowing Owl Registered Agent (No. RAG-18-00080) Florida Association of Environmental Professionals – member since January 1995; served on the Board of Directors for the Southwest Florida Chapter from (2008 – 2012). Past Secretary, Vice President, & President. State of Florida Real Estate License (2003 to Present) Appointed by the Collier County Board of County Commissioners to: •Conservation Collier Land Acquisition Advisory Committee, Chairman of theLands Evaluation and Management Subcommittee. (2009 to 2014). •Collier County Development Services Advisory Committee (DSAC) (2015 toPresent). •FWC Local Rule Review Committee (Manatee Protection Speed Zones)(2016). Publications Sundström, L.F., J. Sterk, & S.H. Gruber. 1998. Effects of a speed-sensing transmitter on the swimming speed of lemon sharks. Bahamas J. Sci. 6 (1): 12-22. JEREMY STERK, C.E.P. Partner \ Principal Ecologist e: jeremys@eteflorida.com t: 239.304.0030 m: 239.595.4929 Years Experience 25 years Education/Training B.S. Aquatic Biology St. Cloud State University (1994) Professional Affiliations Academy of Board Certified Environmental Professionals #16992037 Florida Association of Environmental Professionals (FAEP) 164 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com APPENDIX E Full Page Exhibits for Sports Park Expansion 165 166 City Gate Commerce ParkCollier County, Florida 1 AS SHOWNN/A FLUCCS Map SHEET NO. DATE PROJECT NO. SCALE E A R T H T E C H E N V I R O N M E N TA L , L L C E A R T H T E C H E N V I R O N M E N TA L , L L C 1 0 6 0 0 J O L E A AV E N U E 1 0 6 0 0 J O L E A AV E N U E B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 FA X ( 2 3 9 ) 3 2 4 - 0 0 5 4 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 FA X ( 2 3 9 ) 3 2 4 - 0 0 5 4 W W W . E T E F L O R I D A . C O M W W W . E T E F L O R I D A . C O M 186 411-E3 624-E3 832 814 742145 415-E4 159 411-E2 415-E3 411-E1 411-E2 411-E2 411-E2 814 321-E1 411-E2 411-E1 411-E2 175 814 140 814 424H-E4 141 321-E2 411-E1 411-E3 411-E4 411-E2 411-E2 411-E2 321-E1 140 740 422740 411-E2 411-E2 740 435-E3 624-E3 740 624-E2 817 740 411-E3 8146 411-E3 411-E2 411-E2 411-E4 411-E1 411-E1 3219-E1 411H-E3 411-E3 3219-E2 624-E1 742 740 411-E1 321-E2 411-E2 740 411-E2COLLIER BLVD0 500 1,000250 Feet G:\ETEnv Documents\PROJECTS\COLLIER\City Gate\GIS\11x17 City Gate 2019 FLUCCS_v2.mxd / 10:52:59 AM12/19/19 City Gate PUD Overall Boundary FLUCCS Mapping 140, Commercial and Services 141, Retail Gas Station 145, Hotels 159, Industrial Under Construction 175, Government (Big Cypress Basin) 186, Community Recreational Facilities (Under Construction) 321-E1, Palmetto (<25% Exotics) 321-E2, Palmetto (26-50% Exotics) 3219, Distrubed Palmetto 3219-E1, Disturbed Palmetto (<25% Exotics) 3219-E2, Distrubed Palmetto (26-50% Exotics) 411-E1, Pine Flatwoods (<25% Exotics) 411-E2, Pine Flatwoods (26-50% Exotics) 411-E3, Pine Flatwoods (51-75% Exotics) 411-E4, Pine Flatwoods (76-100% Exotics) 411H-E3, Hydric Pine Flatwoods (51-75% Exotics) 415-E3, Mixed Pine (51-75% Exotics) 415-E4, Mixed Pine (76-100% Exotics) 422, Brazilian Pepper 424H-E4, Hydric Melaleuca 435-E3, Dead Trees (50-75% Exotics) 624-E1, Cypress-Pine-Cabbage Palm (0-25% Exotics) 624-E2, Cypress-Pine-Cabbage Palm (26-50% Exotics) 624-E3, Cypress-Pine-Cabbage Palm (51-75% Exotics) 740, Distrubed Lands 742, Water Management Areas 814, Roadways 8146, Primitive-Trails 817, Water Transmission Easement 832, FPL Easement Note: 1. 2019 Aerial obtained from Collier County Property Appraiser. 2. Subject Property boundary obtained from Davidson Engineering. I-75 O 167 168 Collier County Sports Complex and Events Center - Phase 2 AS SHOWNN/A Native Vegetation SHEET NO. DATE PROJECT NO. SCALE E A R T H T E C H E N V I R O N M E N TA L , L L C E A R T H T E C H E N V I R O N M E N TA L , L L C 1 0 6 0 0 J O L E A AV E N U E 1 0 6 0 0 J O L E A AV E N U E B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 F A X ( 2 3 9 ) 3 2 4 - 0 0 5 4 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 F A X ( 2 3 9 ) 3 2 4 - 0 0 5 4 w w w . e t e f l o r i d a . c o m w w w . e t e f l o r i d a . c o m 624-E3 7.26Ac 159 3.32Ac 411-E4 2.31Ac 415-E4 1.06Ac 411-E2 0.34Ac 411-E4 0.33Ac 411-E2 0.18Ac 8146 0.06Ac 411-E2 0.06Ac 411-E3 48.82Ac 415-E4 13.91Ac 624-E3 13.69Ac 415-E3 13.25Ac 411-E2 7.73Ac 159 5.01Ac 411-E3 3.24Ac 411-E2 1.62Ac 624-E3 1.32Ac 411-E4 1.26Ac 8146 1.33Ac 411-E2 1.29Ac 411-E4 0.63Ac 411-E2 0.03Ac 400 0 400200 Feet Subject Property Proposed Right-of-Way (14.92 Ac) Native Vegetation (90.98 Acres)FLUCCS Mapping 159, INDUSTURAL UNDER CONSTRUCTION 411-E2, PINE FLATWOODS (26-50% Exotics) 411-E3, PINE FLATWOODS (51-75% Exotics) 411-E4, PINE FLATWOODS (>75% Exotics) 415-E3, MIXED PINE (51-75% Exotics) 415-E4, MIXED PINE (>75% Exotics) 624-E3, CYPRESS-PINE-CABBAGE PALM (51-75% Exotics) 8146, PRIMITIVE/TRAILS 11/11/19 G:\ETEnv Documents\PROJECTS\COLLIER\Collier County Sports Complex\GIS\Native Vegetation- SP Subparcel v5 NO COLORS_Updated for Erin.mxd / 11:26:23 AMO Note: Subject Property boundary and Right-of-Way boundary obtained from Davidson Engineering. COLLIER COUNTY RESOURCE RECOVERY PARK COLLIER COUNTY SPORTS COMPLEX (on City Gate)COLLIER COUNTY LANDFILL169 Collier County Sports Complex and Events Center - Phase 2 AS SHOWNN/A Native Vegetation SHEET NO. DATE PROJECT NO. SCALE E A R T H T E C H E N V I R O N M E N TA L , L L C E A R T H T E C H E N V I R O N M E N TA L , L L C 1 0 6 0 0 J O L E A AV E N U E 1 0 6 0 0 J O L E A AV E N U E B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 FA X ( 2 3 9 ) 3 2 4 - 0 0 5 4 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 FA X ( 2 3 9 ) 3 2 4 - 0 0 5 4 w w w . e t e f l o r i d a . c o m w w w . e t e f l o r i d a . c o m 411-E3 48.81Ac 624-E3 13.7Ac 415-E4 13.91Ac 415-E3 13.25Ac 411-E2 7.73Ac 159 5.01Ac 411-E2 1.62Ac 624-E3 1.32Ac 411-E4 1.26Ac 411-E3 3.24Ac 8146 1.33Ac 411-E2 1.29Ac 411-E4 0.63Ac 411-E2 0.03Ac 500 0 500250 Feet Subject Property Right-of-Way (14.92 Ac) Native Vegetation (90.98 Acres)FLUCCS Mapping 159, INDUSTURAL UNDER CONSTRUCTION 411-E2, PINE FLATWOODS (26-50% Exotics) 411-E3, PINE FLATWOODS (51-75% Exotics) 411-E4, PINE FLATWOODS (>75% Exotics) 415-E3, MIXED PINE (51-75% Exotics) 415-E4, MIXED PINE (>75% Exotics) 624-E3, CYPRESS-PINE-CABBAGE PALM (51-75% Exotics) 8146, PRIMITIVE/TRAILS 10/1/19 G:\ETEnv Documents\PROJECTS\COLLIER\Collier County Sports Complex\GIS\Native Vegetation- SP Subparcel v3.mxd / 1:40:49 PMO Note: Subject Property boundary obtained from Davidson Engineering. COLLIER COUNTY RESOURCE RECOVERY PARK COLLIER COUNTY SPORTS COMPLEX (on City Gate)COLLIER COUNTY LANDFILL170 I 75 SR 951COLLIER BLVDDAVIS BLVDRADIO RD I 75 I 75 COLLIER BLVDBECK BLVD44TH ST SW39TH ST SW25TH AVE SW 29TH AVE SW 31ST AVE SW 27TH AVE SW WASHBURN AVE43RD ST SW44TH TER SW41ST ST SW27TH CT SW 41ST TER SW42ND ST SW42ND TER SW44TH TER SWCollier County SportsComplex and Events CenterPhase 2 Bald Eagle Map X N/A AS SHOWNSHEET NO. DATE PROJECT NO. SCALE E A R T H T E C H E N V I R O N M E N TA L , L L C E A R T H T E C H E N V I R O N M E N TA L , L L C 1 0 6 0 0 J O L E A AV E N U E 1 0 6 0 0 J O L E A AV E N U E B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 FA X ( 2 3 9 ) 3 2 4 - 0 0 5 4 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 FA X ( 2 3 9 ) 3 2 4 - 0 0 5 4 W W W . E T E F L O R I D A . C O M W W W . E T E F L O R I D A . C O M 0 2,000 4,0001,000 Feet Subject Property FWC Bald Eagle Nests 0.5-Mile Radius G:\ETEnv Documents\PROJECTS\COLLIER\Collier County Sports Complex\GIS\Bald Eagle Map.mxd / 12:19:04 PM9/30/19 Note: 1. 2019 Aerial obtained from Collier County Property Appraiser 2. Subject Property boundary obtained from Davidson Engineering O 171 Environmental Data for PUDR Earth Tech Environmental, LLC www.eteflorida.com APPENDIX F Environmental Information for County 305 Property 172 624-E3 41.71 624-E3 36.86 415-E3 26.57 745-E4 8.21 411-E2 8.00 411-E2 7.49 411-E3 6.55 415-E3 5.49 428-E3 5.43 415-E3 5.13 415-E4 4.73 411-E4 3.21 411-E3 1.52 415-E3 2.70 8146 1.62 415-E3 1.16 411-E2 0.52 411-E4 0.51 624-E3 0.46 411-E2 0.28 411-E2 0.11 411-E2 0.03 Collier County 305 Remainder AS SHOWNN/A FLUCCS Mapping 400 0 400200 Feet SHEET NO. DATE PROJECT NO. SCALE OE A R T H T E C H E N V I R O N M E N TA L , L L C E A R T H T E C H E N V I R O N M E N TA L , L L C 1 0 6 0 0 J O L E A AV E N U E 1 0 6 0 0 J O L E A AV E N U E B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 F A X ( 2 3 9 ) 3 2 4 - 0 0 5 4 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 F A X ( 2 3 9 ) 3 2 4 - 0 0 5 4 G:\ETEnv Documents\PROJECTS\COLLIER\Collier County Sports Complex\GIS\2019 FLUCCS 305.mxdSubject Property Sports Park Parcel FLUCCS 411-E2, PINE FLATWOODS (26- 50% Exotics) 411-E3, PINE FLATWOODS (51- 75% Exotics) 411-E4, PINE FLATWOODS (>75% Exotics) 415-E3, MIXED PINE (51- 75% Exotics) 415-E4, MIXED PINE (>75% Exotics) 428-E3, CABBAGE PALM (51- 75% Exotics) 624-E3, PINE - CYPRESS - CABBAGE PALM (51- 75% Exotics) 745-E4, BURNED AREAS (>75% Exotics) 8146, PRIMITIVE/TRAILS 12/11/19 Sports Park Parcel 173 624-E3 41.71 624-E3 36.86 415-E3 26.57 745-E4 8.21 411-E2 8.00 411-E2 7.49 411-E3 6.55 415-E3 5.49 428-E3 5.43 415-E3 5.13 415-E4 4.73 411-E4 3.21 411-E3 1.52 415-E3 2.70 8146 1.62 415-E3 1.16 411-E2 0.52 411-E4 0.51 624-E3 0.46 411-E2 0.28 411-E2 0.11 411-E2 0.03 Collier County 305 Remainder AS SHOWNN/A SFWMD Jurisdictional Wetlands 400 0 400200 Feet SHEET NO. DATE PROJECT NO. SCALE OE A R T H T E C H E N V I R O N M E N TA L , L L C E A R T H T E C H E N V I R O N M E N TA L , L L C 1 0 6 0 0 J O L E A AV E N U E 1 0 6 0 0 J O L E A AV E N U E B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 F A X ( 2 3 9 ) 3 2 4 - 0 0 5 4 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 F A X ( 2 3 9 ) 3 2 4 - 0 0 5 4 G:\ETEnv Documents\PROJECTS\COLLIER\Collier County Sports Complex\GIS\2019 SFWMD Wetlands 305.mxdSubject Property SFWMD Approved Wetland Limits Sports Park Parcel FLUCCS 411-E2, PINE FLATWOODS (26- 50% Exotics) 411-E3, PINE FLATWOODS (51- 75% Exotics) 411-E4, PINE FLATWOODS (>75% Exotics) 415-E3, MIXED PINE (51- 75% Exotics) 415-E4, MIXED PINE (>75% Exotics) 428-E3, CABBAGE PALM (51- 75% Exotics) 624-E3, PINE - CYPRESS - CABBAGE PALM (51- 75% Exotics) 745-E4, BURNED AREAS (>75% Exotics) 8146, PRIMITIVE/TRAILS 12/11/19 Sports Park Parcel 174 Collier County 305 Parcel – Remaining Land Native Vegetation Breakdown According to FLUCCS & Preserve Requirement Calculations The following table corresponds to the attached exhibit entitled “Collier County Native Vegetation”. = Native Vegetation The existing native vegetation on the remaining County 305 property totals 150.01 acres. Future road right-of-ways and a canal division drainage easement encumber 20.55 acres of the site, as shown in the table and figure below: Drainage Easement for Canal Diversion 6.62 Ac ROW Easements 13.93 Ac Total Easements Excluded from Native Veg 20.55 Ac Collier County 305 Remainder Existing Native Vegeation FLUCCS Polygon Acres Native Veg Ac Non-Native Ac 411-E2 8.00 8.00 411-E2 7.49 7.49 411-E2 0.52 0.52 411-E2 0.11 0.11 411-E2 0.28 0.28 411-E2 0.03 0.03 411-E3 6.55 6.55 411-E3 1.52 1.52 411-E4 3.21 3.21 411-E4 0.51 0.51 415-E3 26.57 26.57 415-E3 5.13 5.13 415-E3 5.49 5.49 415-E3 2.70 2.70 415-E3 1.16 1.16 415-E4 4.73 428-E3 5.43 5.43 624-E3 36.86 36.86 624-E3 0.46 0.46 624-E3 41.71 41.71 745-E4 8.21 8.21 8146 1.62 1.62 Totals 168.29 150.01 13.55 175 150.01 acres – 20.55 acres = 129.46 acres of existing native vegetation. 129.46 acres x 15% preserve requirement = 19.42 acres of preserve required on the remainder of the County 305 property. 176 624-E3 41.71 624-E3 36.86 415-E3 26.57 745-E4 8.21 411-E2 8.00 411-E2 7.49 411-E3 6.55 415-E3 5.49 428-E3 5.43 415-E3 5.13 415-E4 4.73 411-E4 3.21 411-E3 1.52 415-E3 2.70 8146 1.62 415-E3 1.16 411-E2 0.52 411-E4 0.51 624-E3 0.46 411-E2 0.28 411-E2 0.11 411-E2 0.03 Collier County 305 Remainder AS SHOWNN/A Collier County Native Vegetation 400 0 400200 Feet SHEET NO. DATE PROJECT NO. SCALE OE A R T H T E C H E N V I R O N M E N TA L , L L C E A R T H T E C H E N V I R O N M E N TA L , L L C 1 0 6 0 0 J O L E A AV E N U E 1 0 6 0 0 J O L E A AV E N U E B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 F A X ( 2 3 9 ) 3 2 4 - 0 0 5 4 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 F A X ( 2 3 9 ) 3 2 4 - 0 0 5 4 G:\ETEnv Documents\PROJECTS\COLLIER\Collier County Sports Complex\GIS\2019 Existing Native Vegetaion 305.mxdSubject Property Sports Park Parcel FLUCCS 411-E2, PINE FLATWOODS (26- 50% Exotics) 411-E3, PINE FLATWOODS (51- 75% Exotics) 411-E4, PINE FLATWOODS (>75% Exotics) 415-E3, MIXED PINE (51- 75% Exotics) 415-E4, MIXED PINE (>75% Exotics) 428-E3, CABBAGE PALM (51- 75% Exotics) 624-E3, PINE - CYPRESS - CABBAGE PALM (51- 75% Exotics) 745-E4, BURNED AREAS (>75% Exotics) 8146, PRIMITIVE/TRAILS Collier County Existing Native Vegetation (150.01 Acres) 12/11/19 Sports Park Parcel 177 624-E3 41.71 624-E3 36.86 415-E3 26.57 745-E4 8.21 411-E2 8.00 411-E2 7.49 411-E3 6.55 415-E3 5.49 428-E3 5.43 415-E3 5.13 415-E4 4.73 411-E4 3.21 411-E3 1.52 415-E3 2.70 8146 1.62 415-E3 1.16 411-E2 0.52 411-E4 0.51 624-E3 0.46 411-E2 0.28 411-E2 0.11 411-E2 0.03 Collier County 305 Remainder AS SHOWNN/A Collier County Preserve LocationsSports Park Parcel & County 305 400 0 400200 Feet SHEET NO. DATE PROJECT NO. SCALE OE A R T H T E C H E N V I R O N M E N TA L , L L C E A R T H T E C H E N V I R O N M E N TA L , L L C 1 0 6 0 0 J O L E A AV E N U E 1 0 6 0 0 J O L E A AV E N U E B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 B O N I TA S P R I N G S , F L O R I D A 3 4 1 3 5 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 F A X ( 2 3 9 ) 3 2 4 - 0 0 5 4 P H O N E ( 2 3 9 ) 3 0 4 - 0 0 3 0 F A X ( 2 3 9 ) 3 2 4 - 0 0 5 4 G:\ETEnv Documents\PROJECTS\COLLIER\Collier County Sports Complex\GIS\2019 305 Remainder Preserve Limits.mxd305 Remainder Property Sports Park Parcel CCWIP Canal Diversion Limits Proposed Road ROW CC Native Vegetation Preserves Sports Park Preserve Area 1 Sports Park Preserve Area 2 CC 305 Remainder Preserve FLUCCS 411-E2, PINE FLATWOODS (26- 50% Exotics) 411-E3, PINE FLATWOODS (51- 75% Exotics) 411-E4, PINE FLATWOODS (>75% Exotics) 415-E3, MIXED PINE (51- 75% Exotics) 415-E4, MIXED PINE (>75% Exotics) 428-E3, CABBAGE PALM (51- 75% Exotics) 624-E3, PINE - CYPRESS - CABBAGE PALM (51- 75% Exotics) 745-E4, BURNED AREAS (>75% Exotics) 8146, PRIMITIVE/TRAILS SFWMD Approved Wetland Limits 12/11/19 Sports Park Parcel 178 COLLIER COUNTY 305 Protected Species Survey SECTION 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Prepared By: January 2, 2019 Collier County Engineering & Natural Resources Department 2800 North Horseshoe Drive Naples, FL 34104 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 www.eteflorida.com 179 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com TABLE OF CONTENTS 1.0 INTRODUCTION ...................................................................................................................................... 3 2.0 LOCATION ............................................................................................................................................... 3 3.0 SPECIES SURVEY MATERIALS & METHODS............................................................................................. 4 4.0 EXISTING SITE CONDITIONS ................................................................................................................... 4 5.0 RESULTS ................................................................................................................................................ 10 6.0 REFERENCES ......................................................................................................................................... 18 EXHIBITS Figure 1 Site Location Map Figure 2 Aerial with FLUCCS Map Figure 3 FLUCCS Map Figure 4 Transect Map & Field Results Figure 5 Florida Bonneted Bat Consultation Area and Focal Area Figure 6 Wood Stork Information Figure 7 Florida Panther Information Figure 8 Florida Black Bear Information Figure 9 Bald Eagle Map 180 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com 1.0 INTRODUCTION Earth Tech Environmental (ETE) conducted a search for listed species on the property referred to as Collier County 305 (Subject Property) prior to development. An initial Environmental Assessment was conducted by ETE in October 2018 to evaluate the Subject Property for the potential presence of listed species. Since the initial Environmental Assessment was completed, additional field work was conducted in November and December 2018 to flag the wetlands, confirm the various FLUCCS communities, and search for listed species. 2.0 LOCATION The Subject Property is located just north of I-75 and approximately 1.28-miles east of Collier Boulevard in Naples, Collier County, Florida and consists a single parcel. White Lake Boulevard runs along the entire southern property line and Shearwater Street runs along the southern portion of the western property line. According to the Collier County Property Appraisers website the Subject Property is approximately 288 acres. See Figure 1 below for a location map. Figure 1. Site Location Map 181 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com 3.0 SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication “Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida.” This methodology is as follows: Existing vegetation communities or land-uses on the subject site are delineated on a recent aerial photograph (Collier County 2019) using the Florida Land Use, Cover and Forms Classification System (FLUCCS). FLUCCS mapping for this property is detailed below in (Figures 2 & 3). The resulting FLUCCS codes are cross-referenced with a list of protected plant and animal species. The lists were obtained from two agency publications:  “Florida’s Endangered Species, Threatened Species & Species of Special Concern-Official Lists”, December 2018.  “Notes on Florida’s Endangered and Threatened Plants”, Florida Department of Agriculture and Consumer Services, 2010. The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community. See Table 3 of this report for the species list that applies to the FLUCCS communities associated with the Subject Property. In the field, each FLUCCS community is searched for listed species or signs of listed species. This is accomplished using a series of transects throughout each vegetation community (see Figure 4). If necessary, transect integrity is maintained using a handheld GPS in track mode. Signs or sightings of all listed and non-listed species are then recorded, which are flagged in the field and marked by GPS. Based on the habitat types found on the Subject Property (see Tables 2 & 3) during the initial Environmental Assessment, particular attention was paid to the presence or absence of listed plant species such as wild pine, twisted air plants, and butterfly orchids. The presence and absence of listed animal species such as Big Cypress fox squirrel, Florida bonneted bat, wood stork, and Florida panther were also considered. Approximately one hundred and sixty-seven (167) man-hours were logged on the Subject Property during this species survey and other associated fieldwork (see Table 1). 4.0 EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey ranged from the mid 90’s to mid 70’s. Cloud cover varied from scattered to overcast. The Subject Property is vacant and densely vegetated consisting of both wetland and upland communities. Extensive exotic vegetation is present throughout the property. The Subject Property is bordered by a TABLE 1. FIELD TIME SPENT ON THE SUBJECT PROPERTY Date No. Ecologists Man Hours Task October – December 2018 4 81 Species Survey October – December 2018 3 86 Wetland Flagging \ Species Survey Total Hours 167 182 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com roadway to the south, the Collier County landfill to the east, the City Gate Sports Complex to the west, and the Collier County Resource Recovery Park to the north. The Subject Property has the following surrounding land uses: North Undeveloped East Landfill/Undeveloped South I-75/Undeveloped/Residential West Commercial/Undeveloped Listed below are the FLUCCS communities identified on the site. The community descriptions correspond to the mappings on the FLUCCS maps below (Figures 2 and 3). See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. The Florida Exotic Pest Plant Council’s (FLEPPC) list of invasive species contains Category 1 species that may be found on the Subject Property. Category 1 species are invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives (FLEPPC). A significant factor in mapping vegetative associations and local habitats is the invasion of these species such as Brazilian pepper, ear leaf acacia, melaleuca, Caesar weed, and air potato. Levels of exotic density were mapped by using field observations and photo interpretation as shown in Figures 2 and 3. Modifiers are appended to the FLUCCS codes to indicate the approximate density of exotics in the canopy and/or sub-canopy, as follows: E1 = Exotics <25% of total cover E2 = Exotics 26-50% of total cover E3 = Exotics 51-75% of total cover E4 = Exotics >75% of total cover 183 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 2. Aerial with FLUCCS Mapping 184 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 3. FLUCCS Mapping 185 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com FLUCCS 411-E2, Pine Flatwoods (26-50% Exotics) This community is located in one strand in the center of the property as well as in two small areas near the northeast corner of the property. Canopy vegetation is dominated by slash pine (Pinus elliottii) and earleaf acacia (Acacia auriculiformis). Other vegetation includes abundant saw palmetto (Serenoa repens), cabbage palm (Sabal palmetto), and various grasses scattered throughout. Exotic cover is moderate with earleaf acacia throughout and scattered melaleuca (Melaleuca quinquenervia) near the transitional boundaries. FLUCCS 411-E3, Pine Flatwoods (51-75% Exotics) This community is located along a majority of the western boundary of the Subject Property and a small area exists in the south-central area of the Subject Property. Canopy vegetation is dominated by slash pine and earleaf acacia. Other vegetation includes saw palmetto, cabbage palm, and various grasses scattered throughout. Exotic coverage is moderately high with earleaf acacia throughout and scattered melaleuca near the transitional boundaries. FLUCCS 411-E4, Pine Flatwoods (>75% Exotics) This community is located along the northern boundary of the Subject Property and abuts the FLUCCS 745 burned areas. Canopy vegetation is dominated by slash pine and earleaf acacia. Other vegetation includes saw palmetto, cabbage palm, and various grasses scattered throughout. Exotic coverage is high with dense earleaf acacia, Caesarweed (Urena lobata), and some Brazillian pepper (Schinus terebinthifolia). FLUCCS 415-E3, Mixed Pine (51-75% Exotics) This community is found in the central and southeastern portions of the Subject Property. Canopy cover is dominated by large slash pine, cabbage palm, and scattered small bald cypress (Taxodium distichum). Ground cover is sparse throughout the area with various grasses. Exotic cover is moderately high with earleaf acacia, melaleuca, with some Caesarweed near the transitional boundaries. FLUCCS 415-E4, Mixed Pine (>75% Exotics) This community is found in the north and northeastern portion of the Subject Property. Vegetation cover is very similar to the FLUCCS 415-E3 above, though with slightly greater densities of exotic vegetation. FLUCCS 428-E3, Cabbage Palm (51-75% Exotics) This community is found near the southwest corner of the Subject Property. Canopy cover is dominated by cabbage palm with sparse amounts of slash pine. Exotic cover is moderately high with melaleuca, earleaf acacia, and Brazilian pepper. FLUCCS 624-E3, Cypress-Pine-Cabbage Palm (51-75% Exotics) This community is found along much of the eastern and southern boundary of the Subject Property. Canopy cover is a mix of larger bald cypress, scattered slash pine, cabbage palm, melaleuca, and earleaf acacia. Other vegetation includes moderate swamp fern (Blechnum serrulatum). Wetland indicators such as water lines, elevated lichen lines, and cypress knees can be found throughout the community. Exotic cover is moderately high with melaleuca, earleaf acacia with some Caesarweed near the transitional boundaries. FLUCCS 745-E4, Burned Areas (>75% Exotics) This community runs along a majority of the northern border of the Subject Property. A wildfire occurred in 2017 on the adjoining property to the north. This area was bulldozed and utilized as an emergency fire 186 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com break to minimize the spreading of the wildfire. Abundant exotic vegetation recruitment of earleaf acacia and Caesarweed occurred in this area following the wildfire. FLUCCS 8146, Primitive Trails These areas are found running through the central portions of the Subject Property and consist of cleared access trails. The following table is summary of FLUCCS communities and corresponding acreages: TABLE 2. FLUCCS COMMUNITIES AND CORRESPONDING ACREAGES FLUCCS Code Description Acres 411-E2 Pine Flatwoods (26-50% Exotics) 27.67 411-E3 Pine Flatwoods (51-75% Exotics) 60.11 411-E4 Pine Flatwoods (>75% Exotics) 8.24 415-E3 Mixed Pine (51-75% Exotics) 54.30 415-E4 Mixed Pine (>75% Exotics) 19.71 428-E3 Cabbage Palm (51-75% Exotics) 5.43 624-E3 Cypress-Pine-Cabbage Palm (51-75% Exotic) 101.31 745-E4 Burned Areas (>75% Exotics) 8.21 8146 Primitive Trails 3.01 Total 287.99 The various protected species which may occur in the corresponding FLUCCS communities are shown below in Table 3. TABLE 3. PROTECTED SPECIES LIST ACCORDING TO FLUCCS CATEGORY FLUCCS Code Potential Listed Species Scientific Name Designated Status FWC or FDACS FWS 411/415 Bald Eagle Haliaeetus leucocephalus SSC SSC Beautiful Pawpaw Deeringothamnus rugelii var. pulchellus E E Big Cypress Fox Squirrel Sciurus niger avicennia T - Eastern Indigo Snake Drymarchon corais couperi T T Fakahatchee Burmannia Burmannia flava E - Florida Bonneted Bat Eumops floridana E E Florida Coontie Zamia integrifolia C - Florida Panther Felis concolor coryi E E Gopher Tortoise Gopherus polyphemus T - Red-Cockaded Woodpecker Picoides borealis E E Satinleaf Chrysophyllum oliviforme T - Southeastern American Kestrel Falco sparverius paulus T - Twisted Air Plant Tillandsia flexuosa T - 428 Audubon's Crested Caracara Polyborus plancus audubonii T T Eastern Indigo Snake Drymarchon corais couperi T T Florida Panther Felis concolor coryi E E Simpson's Stopper Myrcianthes fragrans T - 624 American Alligator Alligator mississippiensis SSC T(S/A) Bald Eagle Haliaeetus leucocephalus SSC SSC 187 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Everglades Mink Mustela vison evergladensis T - Florida Bonneted Bat Eumops floridana E E Florida Panther Felis concolor coryi E E Little Blue Heron Egretta caerulea T - Tricolored Heron Egretta tricolor T - Wood Stork Mycteria americana T T 745 Gopher Tortoise Gopherus polyphemus T - 8146 NONE - - - Abbreviations Agencies: Status: FDACS = Florida Department of Agriculture and Consumer Services CE = Commercially Exploited FWC = Florida Fish & Wildlife Conservation Commission E = Endangered FWS = United States Fish and Wildlife Service SSC = Species of Special Concern T = Threatened T(S/A) = Threatened/Similarity of Appearance 5.0 RESULTS All relevant species observed on the Subject Property are detailed in Table 4 and any protected species observed are specifically noted. See Figure 4 below for transect and field results. 188 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 4. Transect Map & Field Results 189 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com TABLE 4. SPECIES OBSERVED ON THE SUBJECT PROPERTY Common Name Scientific Name Observations Listed Species? Status Birds Red-Bellied Woodpecker Melanerpes carolinus DV N - Red Shouldered Hawk Buteo lineatus DV N - Turkey Vulture Cathartes aura DV N - Green Heron Butorides virescens DV N - Mourning Dove Zenaida macroura DV N - Mammals Big Cypress Fox Squirrel* Sciurus niger avicennia DV Y ST Eastern Gray Squirrel Sciurus carolinensis DV N - Armadillo Dasypus novemcinctus OH N - Wild Hog Sus scrofa OT N - White-Tailed Deer Odocoileus virginianus OT N - Reptiles Water Moccasin Agkistrodon piscivorus DV N - Black Racer Coluber constrictor priapus DV N - Brown Anole Anolis sagrei DV N - Amphibians NONE - - - - Plants Butterfly Orchid* Encyclia tampensis DV Y CE Common Wild Pine* Tillandsia fasciculata DV Y E * = protected species Abbreviations Observations: Observations: Status: C = Cavity N = Nest CE = Commercially Exploited DB = Day Bed OH = Observed Hole/Burrow FE = Federally Endangered DV = Direct Visual OT = Observed Tracks FT = Federally Threatened HV = Heard Vocalization(s) R = Remains SSC = Species of Special Concern MT = Marked Tree S = Scat ST = State Threatened Below are discussions of each listed species observed on the Subject Property: Listed Plants Wild pine (Tillandsia fasciculata) and butterfly orchids (Encyclia tampensis) were observed on the Subject Property. Typically, individual plants are relocated from proposed impact areas into onsite (or offsite) preserves prior to construction. Big Cypress Fox Squirrel (Sciurus niger avicennia) One Big Cypress fox squirrel was observed on the Subject Property. The typical management for the fox squirrel is to enhance any onsite habitat that remains in preserve areas. To ensure that active nests are not impacted during construction, the site may be required to be surveyed for fox squirrel nests immediately prior to clearing activities. If nests are found at that time, they will need to be permitted for removal through FWC. The site does have community types in which protected species would likely reside. During permitting, the following listed species concerns may be raised by the agencies: 190 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 5. Florida Bonneted Bat Consultation Area and Focal Area Florida Bonneted Bat (Eumops floridana) The Subject Property falls within the US Fish & Wildlife Service (USFWS) consultation area and focal area for the Florida bonneted bat (see Figure 5). During the species survey, five (5) cavities were observed within slash pine trees. Consultation with USFWS will occur during permitting. During permitting activities, USFWS may require acoustic surveys to further determine presence or absence of Florida bonneted bat roosts or foraging. 191 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 6. Wood Stork Information Wood Stork (Mycteria americana) The Subject Property falls within the core foraging area (estimated at 18.6 miles) of at least one (1) wood stork colony in Collier County (see Figure 6). The dense/overgrown nature of the wetland habitat on the property likely precludes wood stork foraging. Consultation with USFWS may be necessary for wood stork and mitigation for impacts on the property will likely be required. 192 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 7. Florida Panther Information Florida Panther (Felis concolor coryi) The property falls within the USFWS Florida panther consultation area and Primary Panther Habitat (see Figure 7). Many telemetry points from tracked panthers fall within the Subject Property and vicinity. Consultation with the USFWS will be necessary for Florida panther and mitigation will be required for impacts to panther habitat. 193 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 8. Florida Black Bear Information Florida Black Bear (Ursus americanus floridanus) The Subject Property falls within abundant black bear habitat with numerous black bear-related calls falling within one mile of the property. Consultation with the Florida Fish & Wildlife Conservation Commission (FWC) will occur during permitting activities. 194 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 9. Bald Eagle Map Bald Eagle (Haliaeetus leucocephalus) There are no FWC-documented bald eagle nests within 0.5-mile of the Subject Property. See Figure 9 above. 195 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com 6.0 REFERENCES Ashton, Ray E. and Patricia S. “The Natural History and Management for the Gopher Tortoise.” Krieger Publishing Company. Malabar, Florida. 2008. Collier County Property Appraiser. http://www.collierappraiser.com Cox, James; Inkley, Douglas; and Kautz, Randy. “Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-Scale Development in Florida.” Nongame Wildlife Program Technical Report No. 4. December 1987. http://www.fwspubs.org/doi/suppl/10.3996/062015-JFWM-055/suppl_file/062015-jfwm- 055.s2.pdf?code=ufws-site Florida Exotic Pest Plant Council. List of Invasive Plant Species. 2019. www.fleppc.org “Florida’s Endangered and Threatened Species”- Official List. Florida Fish and Wildlife Conservation Commission. Updated December 2018. http://myfwc.com/media/1515251/threatened-endangered-species.pdf http://myfwc.com/imperiledspecies/ Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of Transportation. January 1999. http://www.fdot.gov/geospatial/documentsandpubs/fluccmanual1999.pdf http://www.fdot.gov/geospatial/doc_pubs.shtm Weaver, Richard E. and Anderson, Patti J. “Notes on Florida’s Endangered and Threatened Plants.” Bureau of Entomology, Nematology and Plant Pathology – Botany Section. Contribution No. 38, 5th Edition. 2010. http://freshfromflorida.s3.amazonaws.com/fl-endangered-plants.pdf http://www.freshfromflorida.com/Divisions-Offices/Plant-Industry/Bureaus-and-Services/Bureau-of- Entomology-Nematology-Plant-Pathology/Botany/Florida-s-Endangered-Plants 196 COLLIER COUNTY SPORTS COMPLEX & EVENT CENTER – PHASE 2 FLORIDA PANTHER IMPACT ASSESSMENT SECTION 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Prepared By: May 9, 2019 U.S. Army Corps of Engineers 1520 Royal Palm Square Blvd. #310 Fort Myers, FL 33905 U.S. Fish & Wildlife Services (USFWS) South Florida Ecological Services Field Office 1339 20th Street Vero Beach, FL 32960 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 www.eteflorida.com Florida Panther Impact Assessment Earth Tech Environmental, LLC www.eteflorida.com TABLE OF CONTENTS 1.0 INTRODUCTION ...................................................................................................................................... 3 2.0 LOCATION ............................................................................................................................................... 3 3.0 VEGETATION MAPPING .......................................................................................................................... 5 4.0 FLORIDA PANTHER (Puma concolor coryi) ............................................................................................. 7 5.0 IMPACTS DISCUSSION ............................................................................................................................ 8 6.0 MITIGATION CALCULATIONS ................................................................................................................ 10 7.0 PANTHER IMPACT & MITIGATION SUMMARY ..................................................................................... 11 8.0 REFERENCES ......................................................................................................................................... 13 EXHIBITS Figure 1 Site Location Map Figure 2 Aerial Map Figure 3 FLUCCS Map Figure 4 Florida Panther Consultation and Focal Area Map Figure 5 Proposed Site Plan Florida Panther Impact Assessment Earth Tech Environmental, LLC www.eteflorida.com 1.0 INTRODUCTION Earth Tech Environmental (ETE) conducted a search for potential Florida panther (Puma concolor coryi) on the property referred to as the Collier County Sports Complex & Event Center – Phase 2 (Subject Property) prior to development. The Subject Property is a part of the overall Collier County Sports Park located to the west on City Gate property, which is in its early stages of development. A formal Protected Species Survey (PSS) was conducted by ETE in October 2018. 2.0 LOCATION The Subject Property is located just north of I-75 and approximately 1.28-miles east of Collier Boulevard in Naples, Collier County, Florida and consists of a portion of a single parcel (Parcel No. 00298480005). According to the engineer provided parcel boundary the Subject Property is approximately 128.04 acres. See Figure 1 and 2 for a location map and aerial map. Figure 1. Site Location Map Florida Panther Impact Assessment Earth Tech Environmental, LLC www.eteflorida.com Figure 2. Aerial Map Florida Panther Impact Assessment Earth Tech Environmental, LLC www.eteflorida.com 3.0 VEGETATION MAPPING Listed below is a summary of the FLUCCS communities identified on the Subject Property and the corresponding acreage. The communities correspond to the mappings on the FLUCCS map below (Figure 3). See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. The Florida Exotic Pest Plant Council’s (FLEPPC) list of invasive species contains Category I species that may be found on the Subject Property. Category I species are invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives (FLEPPC). A significant factor in mapping vegetative associations and local habitats is the invasion of these species such as Brazilian pepper, ear leaf acacia, and melaleuca. Levels of exotic density were mapped by using field observations and photo interpretation as shown on the attached FLUCCS maps. Modifiers, or “E” designators, are appended to the FLUCCS codes to indicate the approximate density of exotics in the canopy and/or sub-canopy. TABLE 1. FLUCCS COMMUNITIES AND CORRESPONDING ACREAGES FLUCCS CODE DESCRIPTION ACREAGE 159 Industrial Under Construction 8.33 411-E2 Pine Flatwoods (26-50% Exotics) 11.26 411-E3 Pine Flatwoods (51-75% Exotics) 52.05 411-E4 Pine Flatwoods (>75% Exotics) 4.52 415-E3 Mixed Pine (51-75% Exotics) 13.25 415-E4 Mixed Pine (>75% Exotic) 14.97 624-E3 Cypress-Pine-Cabbage Palm (51-75% Exotics) 22.27 8146 Primitive/Trails 1.39 Site Total: 128.04 E1 = <25% Total Exotic Coverage E2 = 26-50% Total Exotic Coverage E3 = 51-75% Total Exotic Coverage E4 = >75% Total Exotic Coverage FLUCCS 159, Industrial Under Construction This community is located in the northwest corner of the Subject Property. It has been permitted and cleared as part of an access road to the Collier County Resource Recovery Park. The Sports Complex is sharing this access road, which is an extension of City Gate Boulevard North. FLUCCS 411-E2, Pine Flatwoods (26-50% Exotics) This community is located in one strand in the southeast portion of the Subject Property as well as in two small areas near the northeast corner. Canopy vegetation is dominated by slash pine (Pinus elliottii) and earleaf acacia (Acacia auriculiformis). Other vegetation includes abundant saw palmetto (Serenoa repens), cabbage palm (Sabal palmetto), and various grasses scattered throughout. Exotic cover is moderate with earleaf acacia throughout and scattered melaleuca (Melaleuca quinquenervia) near the transitional boundaries. Florida Panther Impact Assessment Earth Tech Environmental, LLC www.eteflorida.com FLUCCS 411-E3, Pine Flatwoods (51-75% Exotics) This community is located along a majority of the western portion of the Subject Property. Canopy vegetation is dominated by slash pine and earleaf acacia. Other vegetation includes saw palmetto, cabbage palm, and various grasses scattered throughout. Exotic coverage is moderately high with earleaf acacia throughout and scattered melaleuca near the transitional boundaries. FLUCCS 411-E4, Pine Flatwoods (>75% Exotics) This community is located along the northern boundary of the Subject Property. Canopy vegetation is dominated by slash pine and earleaf acacia. Other vegetation includes saw palmetto, cabbage palm, and various grasses scattered throughout. Exotic coverage is high with dense earleaf acacia, Caesarweed (Urena lobata), and some Brazillian pepper (Schinus terebinthifolia). FLUCCS 415-E3 Mixed Pine (51-75% Exotics) This community is found in the south-central portion of the Subject Property. Canopy cover is dominated by moderate amounts of earleaf acacia, slash pine, and small, scattered bald cypress (Taxodium distichum). Mid-story consists of sparse cabbage palm. Ground cover is largely open with dense earleaf acacia duff. FLUCCS 415-E4 Mixed Pine (>75% Exotics) This community is found in the eastern-central portion of the Subject Property. Canopy cover is dominated by abundant earleaf acacia, slash pine, and small, scattered bald cypress. Mid-story consists of sparse cabbage palm. Ground cover is largely open with dense earleaf acacia duff. FLUCCS 624-E3 Cypress-Pine-Cabbage Palm (51-75% Exotics) This community is found along much of the eastern half of the Subject Property, as well as an isolated ‘island’ in the southwestern property corner. Canopy cover is a mix of larger bald cypress, scattered slash pine, cabbage palm, melaleuca, and earleaf acacia. Other vegetation includes moderate swamp fern (Telmatoblechnum serrulatum). Wetland hydrologic indicators such as water lines, elevated lichen lines, and bald cypress knees can be found throughout the community. Exotic cover is high with melaleuca and earleaf acacia with some Caesarweed near the transitional boundaries. FLUCCS 8146, Primitive/Trails These primitive trails transect the central portion of the Subject Property north to south and fork near the southern portion of the Subject Property. Florida Panther Impact Assessment Earth Tech Environmental, LLC www.eteflorida.com Figure 3. FLUCCS Map 4.0 FLORIDA PANTHER (Puma concolor coryi) The Subject Property falls within the United States Fish and Wildlife Services (USFWS) Florida Panther Consultation Area and Primary Panther Habitat (See Figure 4). An analysis of the best available scientific data shows that Florida panther have been documented on the Subject Property and surrounding vicinity. See Figure 4 below. Florida Panther Impact Assessment Earth Tech Environmental, LLC www.eteflorida.com Figure 4. Florida Panther Consultation and Focal Area 5.0 IMPACTS DISCUSSION There will be a loss of existing habitat on the Subject Property that has been designated by the USFWS as Panther Focus Area and Primary Panther Habitat for the Florida panther. Under the proposed development scenario, mitigation will be required to offset the impact to Florida panther. See Figure 5 for the proposed site plan. According to the provided site plan, total impacts, including both wetlands and uplands, would be 100% of the 128.04 Subject Property. Florida Panther Impact Assessment Earth Tech Environmental, LLC www.eteflorida.com Figure 5. Site Plan and FLUCCS Map Florida Panther Impact Assessment Earth Tech Environmental, LLC www.eteflorida.com The following Habitat Analysis Table (Table 2) details US Fish and Wildlife Service-assigned Panther Habitat Values for various vegetation communities in south Florida: TABLE 2. FLORIDA PANTHER HABITAT ANAYLSIS HABITAT TYPE USFWS Assigned value Pine forest 9.5 Hardwood-Pine 9.3 Cypress swamp 9.2 Hardwood swamp 9.2 Hardwood Forest 9 Dry prairie 6.3 Unimproved pasture 5.7 Shrub swamp/brush 5.5 Improved pasture 5.2 Cropland 4.8 Orchards/groves 4.7 Marsh/ wet prairie 4.7 Xeric scrub 4.5 Exotic/Nuisance plants 3 Coastal wetlands 3 Barren/Disturbed lands 3 Water 0 Urban 0 6.0 MITIGATION CALCULATIONS Based on the habitat analysis table above, the vegetation communities impacted by the proposed development on the Subject Property and their associated Panther Habitat Units (PHUs) mitigation values are shown below in Table 3. Florida Panther Impact Assessment Earth Tech Environmental, LLC www.eteflorida.com TABLE 3. PHU CALCULATIONS FLUCCS Code Description Total Acres Preserve Acres Impacted Acres Percent Exotic (E) Cover/Native (N) Cover* Assigned Value (PHUs/Ac) PHUs Lost 159 Industrial Under Construction 8.33 0 8.33 N/A 0 0.00 411-E2 Pine Flatwoods (26-50% Exotics) 11.26 0 11.26 37% E 3 12.50 63% N 9.5 67.39 411-E3 Pine Flatwoods (51-75% Exotics) 52.05 0 52.05 63% E 3 98.37 37% N 9.5 182.96 411-E4 Pine Flatwoods (>75% Exotics) 4.52 0 4.52 88% E 3 11.93 12% N 9.5 5.15 415-E3 Mixed Pine (51-75% Exotics) 13.25 0 13.25 63% E 3 25.04 37% N 9.5 46.57 415-E4 Mixed Pine (>75% Exotics) 14.97 0 14.97 88% E 3 39.52 12% N 9.5 17.07 624-E3 Cypress-Pine- Cabbage Palm (51-75% Exotics) 22.27 0 22.27 63% E 3 42.09 37% N 9.2 75.81 8146 Primitive/Trails 1.39 0 1.39 N/A 3 4.17 Total 128.04 0 128.04 Total 628.58 *For the FLUCCS areas with “E” codes, the median percentage is used for the range of exotics occurring in those habitats. (i.e. E1 (1-25% exotics) = 88% native, 12% exotics). According to the above table, approximately 628.58 PHUs are required to offset the primary panther impacts for the habitat on the Subject Property. Multiplying by the USFWS base ratio (1.98) equals 1244.59 PHUs necessary offset total project impacts. 7.0 PANTHER IMPACT & MITIGATION SUMMARY Impacts • PHUs necessary offset total project impacts: 1244.59 PHUs (628.58 x 1.98 base ratio) Mitigation • The applicant proposes offsite mitigation through the purchase of the required 1244.59 PHUs from an approved mitigation bank. Offsite Mitigation Provided by Purchase of Wetland Mitigation Credits: The required offsite PHU amount can be reduced through PHUs received by purchase of wetland mitigation credits. In this case, the purchase of 7.42 wetland mitigation credits through the Panther Island Mitigation Bank (PIMB) would provide PHUs as well (each PIMB wetland credit provides 25.6 PHUs). Therefore, 7.42 credits from PIMB = 7.42 x 25.6 PHUs/Credit = 189.95 PHUs Florida Panther Impact Assessment Earth Tech Environmental, LLC www.eteflorida.com Offsite panther mitigation provided from PIMB = 189.95 PHUs Impacts Totals: PHUs necessary offset total project impacts: 1244.59 Mitigation Totals: PHUs provided by offsite wetland mitigation credit purchase: 189.95 1244.59 PHUs – 189.95 = 1054.64 PHUs remaining Under this scenario, additional PHUs (1054.64 PHUs) would need to be purchased offsite to meet USFWS panther mitigation requirements. Florida Panther Impact Assessment Earth Tech Environmental, LLC www.eteflorida.com 8.0 REFERENCES Collier County Property Appraiser. http://www.collierappraiser.com “Florida’s Endangered and Threatened Species”- Official List. Florida Fish and Wildlife Conservation Commission. Updated May 2017. http://myfwc.com/media/1515251/threatened-endangered-species.pdf http://myfwc.com/imperiledspecies/ Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of Transportation. January 1999. http://www.fdot.gov/geospatial/documentsandpubs/fluccmanual1999.pdf http://www.fdot.gov/geospatial/doc_pubs.shtm Florida Natural Areas Inventory. 2012. FNAI - element tracking summary. Tallahassee, Florida. June 20, 2012. http://www.fnai.org/trackinglist.cfm [Accessed: July 10, 2012]. Kautz, Randy, et. Al. “How much is enough? Landscape-scale conservation for the Florida panther.” Biological conservation 130.1 (2006): 118-133. United States Fish and Wildlife Service Panther Consultation Key. December 20, 2006. Wood Stork Foraging Analysis Earth Tech Environmental, LLC www.eteflorida.com COLLIER COUNTY SPORTS COMPLEX & EVENT CENTER – PHASE 2 WOOD STORK FORAGING ANALYSIS SECTION 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Prepared By: May 13, 2019 U.S. Army Corps of Engineers 1520 Royal Palm Square Blvd. #310 Fort Myers, FL 33905 U.S. Fish & Wildlife Services (USFWS) South Florida Ecological Services Field Office 1339 20th Street Vero Beach, FL 32960 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 www.eteflorida.com Wood Stork Foraging Analysis Earth Tech Environmental, LLC www.eteflorida.com TABLE OF CONTENTS 1.0 INTRODUCTION .................................................................................................................................... 12 2.0 LOCATION ............................................................................................................................................. 12 3.0 VEGETATION MAPPING ........................................................................................................................ 14 4.0 WOOD STORK (Mycteria americana) ................................................................................................... 17 5.0 ANALYSIS METHODOLOGY ................................................................................................................... 17 6.0 RESULTS ................................................................................................................................................ 17 7.0 WOOD STORK IMPACT & MITIGATION SUMMARY .............................................................................. 19 8.0 REFERENCES ......................................................................................................................................... 20 EXHIBITS Figure 1 Site Location Map Figure 2 Aerial Map Figure 3 FLUCCS Map Figure 4 Jurisdictional Wetlands Map Figure 5 Wood Stork Colonies and Core Foraging Area Figure 6 Proposed Site Plan Wood Stork Foraging Analysis Earth Tech Environmental, LLC www.eteflorida.com 1.0 INTRODUCTION Earth Tech Environmental (ETE) conducted an analysis of the foraging suitability of the Collier County Sports Complex & Event Center – Phase 2 (Subject Property) for wood stork prior to development. The Subject Property is part of the overall Collier County Sports Park located to the west on City Gate property, which is in its early stages of development. A formal Protected Species Survey (PSS) was conducted by ETE in October 2018. 2.0 LOCATION The Subject Property is located just north of I-75 and approximately 1.28-miles east of Collier Boulevard in Naples, Collier County, Florida and consists of a portion of a single parcel (Parcel No. 00298480005). According to the engineer-provided parcel boundary, the Subject Property is approximately 128.04 acres. See Figures 1 and 2 below for a location and aerial map. Figure 1. Site Location Map Wood Stork Foraging Analysis Earth Tech Environmental, LLC www.eteflorida.com Figure 2. Aerial Map Wood Stork Foraging Analysis Earth Tech Environmental, LLC www.eteflorida.com 3.0 VEGETATION MAPPING Listed below is a summary of the FLUCCS communities identified on the site and the corresponding acreage. The communities correspond to the mappings on the FLUCCS map (see Figure 3). See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. The Florida Exotic Pest Plant Council’s (FLEPPC) list of invasive species contains Category I species that may be found on the Subject Property. Category I species are invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives (FLEPPC). A significant factor in mapping vegetative associations and local habitats is the invasion of these species such as Brazilian pepper, earleaf acacia, and melaleuca. Levels of exotic density were mapped by using field observations and photo interpretation as shown on the attached FLUCCS maps. Modifiers, or “E” designators, are appended to the FLUCCS codes to indicate the approximate density of exotics in the canopy and/or sub-canopy. TABLE 1. FLUCCS COMMUNITIES AND CORRESPONDING ACREAGES FLUCCS CODE DESCRIPTION ACREAGE 159 Industrial Under Construction 8.33 411-E2 Pine Flatwoods (26-50% Exotics) 11.26 411-E3 Pine Flatwoods (51-75% Exotics) 52.05 411-E4 Pine Flatwoods (>75% Exotics) 4.52 415-E3 Mixed Pine (51-75% Exotics) 13.25 415-E4 Mixed Pine (>75% Exotic) 14.97 624-E3 Cypress-Pine-Cabbage Palm (51-75% Exotics) 22.27 8146 Primitive/Trails 1.39 Site Total: 128.04 E1 = <25% Total Exotic Coverage E2 = 26-50% Total Exotic Coverage E3 = 51-75% Total Exotic Coverage E4 = >75% Total Exotic Coverage The following is a descriptive summary of the wetland FLUCCS communites found on the Subject Property. FLUCCS 624-E3 Cypress-Pine-Cabbage Palm (51-75% Exotics) This community is found along much of the eastern half of the Subject Property, as well as an isolated ‘island’ in the southwestern property corner. Canopy cover is a mix of larger bald cypress, scattered slash pine, cabbage palm, melaleuca, and earleaf acacia. Other vegetation includes moderate swamp fern (Telmatoblechnu serrulatum). Wetland hydrologic indicators such as water lines, elevated lichen lines, and cypress knees can be found throughout the community. Exotic cover is moderately high with melaleuca and earleaf acacia with some Caesarweed near the transitional boundaries. Wood Stork Foraging Analysis Earth Tech Environmental, LLC www.eteflorida.com Figure 3. FLUCCS Map Wood Stork Foraging Analysis Earth Tech Environmental, LLC www.eteflorida.com Approved SFWMD Jurisdictional wetlands can be found in Figure 4. The acreage of the jurisdictional wetlands will be used to calculate the biomass available for wood stork forage. Figure 4. Jurisdictional Wetlands Wood Stork Foraging Analysis Earth Tech Environmental, LLC www.eteflorida.com 4.0 WOOD STORK (Mycteria americana) The Subject Property falls within the core foraging area (estimated 18.6 miles) of at least one (1) wood stork colony. See Figure 5 below for wood stork colony and foraging information as it relates to the Subject Property. Figure 5. Wood Stork Core Foraging Area 5.0 ANALYSIS METHODOLOGY The wood stork foraging analysis was completed using the Wood Stork Foraging Habitat Assessment Methodology created by the United States Fish and Wildlife Service (USFWS). Data within the assessment methodology was used to perform the calculations. The methodology analyzes the available kilograms of biomass available to wood storks by considering the hydroperiod of the present wetlands and a foraging suitability index (F.S.I.) determined by exotic plant cover. 6.0 RESULTS Table 2 provides a calculation of foraging biomass available to wood stork on the Subject Property. The net change in biomass is based on the increase or decrease of prey biomass available to wood storks. The proposed site plan (Figure 6) shows a 100% impact on the 128.04-acre Subject Property. Given the 100% impact, no onsite mitigation through the creation of preserves will occur on the Subject Property. Wood Stork Foraging Analysis Earth Tech Environmental, LLC www.eteflorida.com Figure 6. Site Plan Wood Stork Foraging Analysis Earth Tech Environmental, LLC www.eteflorida.com TABLE 2. CALCULATION OF Kg FORAGING BIOMASS LOST FROM WETLAND IMPACT FOOTPRINT IMPACT AREA FLUCCS Code FLUCCS Description Hydroperiod Acres % Exotics Actual Fish Biomass Consumed (FROM USFWS TABLE 10) F.S.I (FROM USFWS TABLE 3) m^2 Biomass (g) Biomass (kg) 624-E3 Cypress-Pine- Cabbage Palm Class 1 22.27 75-90 0.08 0.03 90,123.57 216.30 0.22 TOTALS 22.27 0.22 The proposed development impacts will result in a loss of 0.22 kg of biomass (Table 2) available to wood storks on the Subject Property. Mitigation for wood stork will be provided offsite through the purchase of wetland mitigation credits. 7.0 WOOD STORK IMPACT & MITIGATION SUMMARY Development of the Subject Property impacts 0.22 kg of biomass from short hydroperiod wetlands. As mitigation for the resulting impacts, the applicant proposes offsite mitigation through the purchase of biomass credits from an approved mitigation bank such as the Panther Island Mitigation Bank. 7.42 wetland mitigation credits will be purchased to offset the development of the Subject Property. Each wetland mitigation credit from Panther Island Mitigation Bank includes 1.06 kg of biomass for short hydroperiod wetlands. Short term hydroperiods are designated by USFWS as wetlands that are inundated for less than 180 days. Short Term Hydroperiod Wetlands (Inundated for less than 180 days) Mitigation Required: 0.22 kg Mitigation Provided: 7.42 credits x 1.06 kg biomass for short hydroperiod wetlands = 7.87 kg biomass. The mitigation provided through the purchase of wetland mitigation credits is sufficient for wood stork foraging mitigation on the Subject Property. Wood Stork Foraging Analysis Earth Tech Environmental, LLC www.eteflorida.com 8.0 REFERENCES Coulter, M. C., J. A. Rodgers, J. C. Ogden and F. C. Depkin. 1999. Wood Stork (Mycteria americana), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online. Florida Fish and Wildlife Conservation Commission. (n.d.). Wood Stork. Retrieved December 8, 2018. http://myfwc.com/wildlifehabitats/imperiled/profiles/birds/wood-stork/ Florida Natural Areas Inventory. 2001. Field guide to the rare animals of Florida. http://www.fnai.org/FieldGuide/pdf/Mycteria_americana.PDF External Website. Rodgers, J.A., Jr. 1990. Breeding chronology and clutch information for the wood stork from museum collections. Journal of Field Ornithology 61(1):47-53. U.S. Fish & Wildlife Service. 1996. Revised recovery plan for the U.S. breeding population of the wood stork. U.S. Fish & Wildlife Service. Atlanta, Georgia. 41p. U.S. Fish & Wildlife Service. (n.d.). Wood stork. Retrieved August 23, 2011, from Multi-Species Recovery Plan for South Florida: http://www.fws.gov/verobeach/MSRPPDFs/Woodstork.pdf External Website. Traffic Impact Statement City Gate Commerce Park PUD Sports Complex Lot Extension Planned Unit Development Rezone (PUDR) Collier County, FL 10/04/2019 Prepared for: Prepared by: Davidson Engineering 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Phone: 239-566-9551 Email: ntrebilcock@trebilcock.biz Collier County Transportation Methodology Fee* – $500.00 Collier County Transportation Review Fee – Major Study* – $1,500.00 Note – *to be collected at time of first submittal City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 2 Statement of Certification I certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Company Cert. of Auth. No. 27796 City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 3 Table of Contents Project Description ......................................................................................................................... 4 Trip Generation ............................................................................................................................... 5 Trip Distribution and Assignment ................................................................................................... 6 Background Traffic .......................................................................................................................... 8 Existing and Future Roadway Network........................................................................................... 8 Project Impacts to Area Roadway Network-Link Analysis .............................................................. 9 Site Access Turn Lanes Analysis .................................................................................................... 10 City Gate Boulevard North – Extension .................................................................................... 11 Improvement Analysis .................................................................................................................. 12 Mitigation of Impact ..................................................................................................................... 12 Appendices Appendix A Project Master Site Plan ........................................................................................... 13 Appendix B Meeting Checklist – (Methodology Meeting)........................................................... 15 Appendix C Trip Generation Calculations ITE 10th Edition ......................................................... 21 Appendix D Turning Movement Exhibits ..................................................................................... 25 City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 4 Project Description The proposed City Gate Commerce Park – Sports Complex Lot Extension project is part of multi- phase sports complex development. The project is proposed to be developed on adjacent parcels located directly east of the existing approved City Gate Commerce Park Planned Unit Development (PUD)/Development of Regional Impact (DRI) (aka City Gate). The City Gate Commerce Park – Sports Complex Lot Extension – Planned Unit Development Rezone (PUDR) project proposes to include the adjacent parcels in the City Gate Commerce Park PUD. The project site is generally located in the northeast quadrant of Collier Boulevard (CR 951) and Interstate 75 intersection, in Section 36, Township 49 South, Range 26 East, in Collier County, Florida. Refer to Figure 1 – Project Location Map, which follows and Appendix A: Project Site Plan. Figure 1 – Project Location Map The proposed Sports Complex Lot Extension will be developed on the adjacent parcels and consist of 14 general purpose sports fields and 4 future Little League baseball fields as well as a 10,000 square foot (sf) STARability office. The project will connect to and utilize roadways that are a part of City Gate. Selection of ITE Land Use Codes (LUC) was done to model the trip generation to proposed conditions based on engineering judgement. ITE LUC 488 – Soccer Complex was chosen for the City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 5 14 general purpose sports fields and the LUC 710 – General Office was chosen for the STARability office traffic generation. ITE does not have a Land Use Code for children’s baseball fields. This report chose to analyze the baseball fields as LUC 488 – Soccer Complex. Accessory structures are considered incidental to the sports complex uses and are not considered in trip generation calculations. The proposed development is illustrated in Table 1 – Development Program. Table 1 Development Program Development Land Use ITE Land Use Description/ Land Use Code/[SIC Codes in Brackets] Total Size Proposed PUDR Multi-purpose sports fields Soccer Complex – 488/[N/A]* 18 fields** Proposed PUDR STARability Office General Office – 710/[N/A]* 10,000 square feet Note(s): *Per the March 1, 2018 Collier County Planning Commission meeting, the Sports Complex has been deemed an essential service as permitted by LDC Section 2.03.01 and, as such, SIC codes are not applicable. **ITE LUC 488 – Soccer Complex is utilized to model 14 general purpose sports fields and 4 Little League baseball fields. A methodology meeting was held via email with the Collier County Transportation Planning staff (by email) on April 12, 2019 (ref. Appendix B: Meeting Checklist). Access to the project will be from the extension of City Gate Boulevard North. One full movement and one right-in/right-out driveway are proposed for public access to the facility. In addition, the project proposes restricted accesses that will not be utilized by the general public. Trip Generation The project’s traffic generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition and the software program OTISS – Online Traffic Impact Study Software (most current version). The ITE equations or average rates are used for trip generation calculations, as applicable. The OTISS trip generation calculation worksheets are provided in Appendix C: Trip Generation Calculations ITE 10th Edition. In agreement with ITE procedures and Collier County Traffic Impact Study guidelines, n o reductions for internal capture or pass-by traffic have been considered in this report. City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 6 Projected trip generation associated with the proposed PUDR application is illustrated in Table 2. Table 2 Trip Generation (Proposed Sports Complex Lot Extension PUDR) – Average Weekday Based on the information contained in Collier County 2018 Annual Update and Inventory Report (AUIR), the peak hour for the County roadway network is PM. For the purpose of this TIS, the surrounding roadway network link concurrency analysis is analyzed based on projected PM peak hour total external traffic generated by the project (refer to Table 2). The site access turn lane analysis is calculated based on the total external trips during the weekday AM and PM peak hour (Table 2 trip generation values). Trip Distribution and Assignment The traffic generated by the development was assigned to the adjacent roadways using the knowledge of the area and as coordinated with Collier County Transportation Planning staff. The traffic distribution associated with this application is consistent with previous submittals for the Collier County Sports Complex. The site-generated trip distribution is shown in Table 3, Project Traffic Distribution for Peak Hour and is graphically depicted on the next page in Figure 2 – Project Distribution by Percentage and by PM Peak Hour. Table 3 Project Traffic Distribution for Peak Hour Roadway Link Collier County Link No. Roadway Link Location Distribution of Project Traffic PM Peak Hour Project Traffic Volume Enter Exit Collier Blvd. 32.2 Golden Gate Pkwy. to Golden Gate Main Canal 30% SB – 59 NB – 34 Collier Blvd. 32.3 Golden Gate Main Canal to City Gate Blvd N 30% SB – 59 NB – 34 Collier Blvd. 32.3 City Gate Blvd N to I-75 70% NB – 138 SB – 78 Collier Blvd. 33.0 I-75 to Davis Blvd 20% NB – 39 SB – 22 24 Hour Two- Way Volume AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Total External 1,398 42 12 54 197 112 309 City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 7 Figure 2 – Project Distribution by Percentage and by PM Peak Hour City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 8 Background Traffic Average background traffic growth rates are estimated for the segments of the roadway network in the study area using the Collier County Transportation Planning Staff guidance of a minimum 2% growth rate, or the historical growth rate from annual peak hour, peak direction traffic volume (estimated from 2008 through 2018), whichever is greater. The peak hour, peak direction traffic volumes associated with the analyzed roadway segments are provided annually in Collier County Annual Update and Inventory Report (AUIR). Another way to derive the background traffic is to use the 2018 AUIR volume plus the trip bank volume. Table 4, Background Traffic without Project, illustrates the application of projected growth rates to generate the projected background (without project) peak hour peak direction traffic volume for the future horizon year 2024. Table 4 Background Traffic without Project (2018 - 2024) Roadway Link CC AUIR Link ID # Roadway Link Location 2018 AUIR Pk Hr, Pk Dir Background Traffic Vol (trips/hr) Projected Traffic Annual Growth Rate (%/yr)* Growth Factor 2024 Pk Hr, Pk Dir Background Traffic Vol w/o Project (trips/hr) Growth Factor** Trip Bank 2024 Pk Hr, Pk Dir Background Traffic Vol w/out Project (trips/hr) Trip Bank*** Collier Blvd. 32.2 Golden Gate Pkwy. to Golden Gate Main Canal 1,370 2.00% 1.1262 1,543 217 1,587 Collier Blvd. 32.3 Golden Gate Main Canal to City Gate Blvd N 1,370 2.00% 1.1262 1,543 324 1,694 Collier Blvd. 32.3 City Gate Blvd N to I-75 1,370 2.00% 1.1262 1,543 324 1,694 Collier Blvd. 33.0 I-75 to Davis Blvd 2,960 2.00% 1.1262 3,334 290 3,250 Note(s): * Annual Growth Rate – based on peak hour, peak direction volume (from 2008 to 2018), 2% minimum. ** Growth Factor = (1 + Annual Growth Rate)6. 2024 Projected Volume = 2018 AUIR Volume x Growth Factor. *** 2024 Projected Volume = 2018 AUIR Volume + Trip Bank. The projected 2024 Peak Hour – Peak Direction Background Traffic is the greater of the Growth Factor or Trip Bank calculation, which is underlined and bold as applicable. Existing and Future Roadway Network The existing roadway conditions are extracted from the 2018 AUIR and the project build -out roadway conditions are based on the current Collier County 5-Year Work Program. Roadway improvements that are currently under construction or are scheduled to be co nstructed within City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 9 the five year Transportation Improvement Plan (TIP) or Capital Improvement program (CIP) are considered to be committed improvements. As no future capacity enhancement roadway projects are identified in the Collier County 2018 AUIR coincident with the project 2024 planning horizon year, the evaluated roadways are anticipated to remain as such through project build - out. The existing and future roadway conditions are illustrated in Table 5. Table 5 Existing and Future Roadway Conditions Roadway Link CC AUIR Link ID # Roadway Link Location 2018 Roadway Conditions Min. Standard LOS 2018 Peak Dir, Peak Hr Capacity Volume 2024 Roadway Conditions 2024 Peak Dir, Peak Hr Capacity Volume Collier Blvd. 32.2 Golden Gate Pkwy. to Golden Gate Main Canal 4D D 2,300 (NB) 4D 2,300 (NB) Collier Blvd. 32.3 Golden Gate Main Canal to City Gate Blvd N 8D E 3,600 (NB) 8D 3,600 (NB) Collier Blvd. 32.3 City Gate Blvd N to I-75 8D E 3,600 (NB) 8D 3,600 (NB) Collier Blvd. 33.0 I-75 to Davis Blvd 8D E 3,600 (NB) 8D 3,600 (NB) Note(s): 2U = 2-lane undivided roadway; 4D, 6D, 8D = 4-lane, 6-lane, 8-lane divided roadway, respectively; LOS = Level of Service. Project Impacts to Area Roadway Network-Link Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project, which were evaluated to determine the project impacts to the area roadway network in the future. The Collier County Transportation Planning Services guidelines have determined that a project will be considered to have a significant and adverse impact if both the percentage volume capacity exceeds 2% of the capacity for the link directly accessed by the project and for the link adjacent to the link directly accessed by the project; 3% for other subsequent links and if the roadway is projected to operate below the adopted LOS standard. Based on these criteria, this projects impact on Collier Boulevard is significant from City Gate Boulevard North to I-75. The projects impact to the other analyzed links do not create any significant or adverse impacts to the studied area roadway network. None of the analyzed links are projected to exceed the adopted LOS standard with or w ithout the project at 2024 future build-out conditions. Table 6, Roadway Link Level of Service illustrates the LOS impacts of the project on the roadway network closest to the project. City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 10 Table 6 Roadway Link Level of Service (LOS) – With Project in the Year 2024 Roadway Link CC AUIR Link ID # Roadway Link Location Peak Dir, Peak Hr Capacity Volume Roadway Link, Peak Dir, Peak Hr (Project Vol Added)* 2024 Peak Dir, Peak Hr Volume w/Project ** % Vol Capacity Impact by Project Min LOS exceeded without Project? Yes/No Min LOS exceeded with Project? Yes/No Collier Blvd. 32.2 Golden Gate Pkwy. to Golden Gate Main Canal 2,300 (NB) NB – 34 1,621 1.5% No No Collier Blvd. 32.3 Golden Gate Main Canal to City Gate Blvd N 3,600 (NB) NB – 34 1,728 0.9% No No Collier Blvd. 32.3 City Gate Blvd N to I-75 3,600 (NB) NB – 138 1,832 3.8% No No Collier Blvd. 33.0 I-75 to Davis Blvd 3,600 (NB) NB – 39 3,373 1.1% No No Note(s): *Refer to Table 3 from this report; **2024 Projected Volume = 2024 background (refer to Table 4) + Project Volume added. As illustrated in Collier County Land Development Code (LDC), Chapter 6.02.02 – M.2., once traffic from a development has been shown to be less than significant on any segment u sing Collier County TIS criterion, the development’s impact is not required to be analyzed further on any additional segments. Consistent with the information contained within the 2018 AUIR – Attachment H – Projected Collier County Deficient Roads FY 2018 – FY 2028, Collier Boulevard from the Golden Gate Canal to Green Boulevard is proposed to widen to 6-lanes with design work, ROW and advanced construction scheduled to begin in FY 2023. Site Access Turn Lanes Analysis Access to the project will be from the extension of City Gate Boulevard North. One full movement and one right-in/right-out driveway are proposed for public access to the facility. In addition, the project proposes restricted accesses that will not be utilized by the general public. For details, refer to Appendix A: Project Master Site Plan. The project accesses are evaluated for turn lane warrants based on the Collier County Construction Standards Handbook: (a) two-lane roadways – 40 vph for right-turn lane/20 vph for left-turn lane; (b) multi-lane divided roadways – right turn lanes shall always be provided; and (c) when new median openings are permitted, they shall always include left -turn lanes. City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 11 Turn lane lengths required at build-out conditions are analyzed based on the number of turning vehicles in an average one-minute period for right-turning movements, and two-minute period for left-turning movements, within the peak hour traffic. The minimum queue length is 25 feet and the queue/vehicle is 25 feet. City Gate Boulevard North is a privately maintained, open to the public, internal roadway (within the City Gate PUD) and has a posted speed limit of 30 mph throughout the PUD (for details see the City Gate Developer Agreement as amended). For this analysis, a design speed of 35 mph is assumed for City Gate Boulevard North. Based on FDOT Standard Plans Index 711-001 (sheet 11 of 13), design speed of 35 mph, the minimum turn -lane length is 145 feet (which includes a 50 foot taper) plus required queue. The projects accesses will connect to an extension of City Gate Boulevard North that will continue east into the Sports Complex Lot Extension projects parcel, then turn towards the south on the eastern side of the development with termination at the southeast corner of the Sports Complex. This analysis assumes the general roadway parameters on the proposed extension are consistent with the existing roadway. Projected turning traffic movements are illustrated in Appendix D: Turning Movements Exhibits. City Gate Boulevard North – Extension Main Entrance – The project is expected to generate 23vph and 108vph inbound right-turning movements during the AM and PM peak hour respectively. A dedicated right-turn lane is warranted at this location based on Collier County multi-lane criteria. At the minimum, the turn- lane should be 195 feet long (which includes 50 feet of storage). East Central Entrance – The project is expected to generate 19vph and 89vph inbound right- turning movements during the AM and PM peak hour respectively. A dedicated right-turn lane is warranted at this location based on Collier County multi-lane criteria. At the minimum, the turn lane should be 195 feet long, which includes a minimum 50 feet of storage. Southeast Entrance – This entrance is for restricted access only. This entrance may be removed pending final design. City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 12 Improvement Analysis Based on the link analysis and trip distribution, the proposed project impacts are significant on Collier Boulevard between City Gate Boulevard North and I-75. The project is not an adverse traffic generator for the roadway network at this location. There is adequate and sufficient roadway capacity to accommodate the proposed development without adversely affecting adjacent roadway network level of service. Based upon the results of turn-lane analysis performed at the proposed Sports Complex Lot Extension access points, turn-lane improvements are recommended as the project meets the multi-lane criteria. A more detailed evaluation of applicable access points and intersection connections will be performed at the time of site development permitting/platting when more specific development parameters will be made available, to determine operational requirements, as they are warranted, as applicable. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project, as applicable. City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 13 Appendix A Project Master Site Plan City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 14 City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 15 Appendix B Meeting Checklist – (Methodology Meeting) City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 16 City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 17 City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 18 City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 19 City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 20 City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 21 Appendix C Trip Generation Calculations ITE 10th Edition City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 22 City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 23 City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 24 City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 25 Appendix D Turning Movement Exhibits City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 26 City Gate Commerce Park PUD – Sports Complex Lot Extension – Traffic Impact Statement – PUDR – October 2019 Trebilcock Consulting Solutions, PA P a g e | 27 4365 Radio Road · Suite 201 · Naples, FL 34104 · P: (239) 434.6060 Civil Engineering • Planning • Permitting D esigningE xcellence M E M O R A N D U M January 15, 2020 To: Nancy Gundlach, AICP, PLA From: Jessica Harrelson, AICP Subject: City Gate Commerce Park - DOA-PL20190001497/ PUDR-PL20190001494 Neighborhood Information Meeting Please note, there were no attendees from the public present at the Neighborhood Information Meeting for the referenced petitions, scheduled for Tuesday, January 14th, 2020; therefore, a presentation was not made. The following individuals associated with the project were present: - Jessica Harrelson, AICP – Davidson Engineering - Josh Fruth, Vice Present – Davidson Engineering - Anna Ritenour, AICP – Davidson Engineering - Roger Rice, Esq. – Owner’s Representative - Nancy Gundlach, AICP, PLA – Collier County Growth Management 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigningE xcellence Civil Engineering • Planning • Permitting December 19, 2019 Dear Property Owner, The public is invited to attend a Neighborhood Information Meeting, held by Davidson Engineering, Inc. on: Tuesday, January 14th, 2020 at 5:30 p.m., at the Golden Gate Community Center, located at 4701 Golden Gate Parkway, Naples, FL 34116 The subject property is located at the northeast quadrant of the intersection of Interstate 75 (I-75) and Collier Boulevard (CR 951), lying south of the Golden Gate Canal, east of Collier Boulevard (CR 951) in Sections 35 & 36, Township 49 South, Range 26 East, Collier County, Florida, consisting of 419.60-acres (see location map on back). Formal applications have been submitted to Collier County seeking approval for the following: Planned Unit Development Rezone (PUDR-PL20190001494) to the City Gate Commerce Park Mixed-Use Planned Unit Development (MPUD) to add 128.05-acres into the MPUD for the Sports Complex Extension; to revise the legal description; to add development intensity for the Sports Complex Extension; to update the master development plan; to increase the maximum hotel rooms from 950 to a total of 1,250; to eliminate deviations that no longer apply; to add deviations pertaining to preservation, landscaping/buffers, maximum wall height and parking requirements; to increase the maximum caretaker units from 5 to a total of 7; to permit leasing of the Sports Complex facility to professional sports teams by Board approval; addition of permitted uses within preserve areas; addition of accessory uses within the Lake and Recreational Tract; to update the minimum parcel size and width for lots east of the FPL easement; to add development standards for lots abutting the Lake and Recreational Tract; addition of setbacks from preserve areas; addition of maximum height for poles and netting; to remove outdated developer commitments; to add a developer commitment pertaining to the Sports Complex Extension; to add permitted uses to Exhibit A-3, SIC codes; to update Exhibit A-4, Cross Section; to update Exhibit A-5, Sign Deviation Exhibit and to update Exhibit A-6, Required Yard Plan by adding definitions, adding allowable uses within the required yards and clarifying general maintenance of vegetation. Development Order Amendment (DOA-PL20190001497) to the Citygate Commerce Park Development of Regional Impact (DRI) to add 128.05-acres into the DRI for the Sports Complex Extension; to revise the legal description; to add development intensity for the Sports Complex Extension; to amend the master development plan; and to extend the termination date. Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/developer and Collier County staff. If you are unable to attend this meeting, but have questions or comments, they can be directed by mail, phone or e-mail to the individual below: Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Email: jessica@davidsonengineering.com 3819 3815 WHITE LAKE BLVD ASSOC LLC 121 S MAIN ST # 500 AKRON, OH 44308---0 3823 WHITE LAKE BLVD LLC 8014 FLAGLER COURT WEST PALM BEACH, FL 33405---0 850 NWN LLC 9010 STRADA STELL CT STE 207 NAPLES, FL 34109---0 ACCENT FLOOR COVERINGS OF SOUTH WEST FLORIDA INC 3720 25TH AVE SW NAPLES, FL 34117---7128 AIMEE, MARIE EMMANUELLE JAMESLEY JOSEPH 4070 32ND AVE SW NAPLES, FL 34116---0 ARC SANPLFL001 LLC % AR CAPITAL LLC 405 PARK AVE15TH FL NEW YORK, NY 10022---0 ARH DEVELOPMENT LLC 2827 SILVERLEAF LN NAPLES, FL 34105---3032 ARREAGA, CARLOS A & VERONICA R 3180 SAFE HARBOR DR NAPLES, FL 34117---8407 AUDIO EXCEL INC 2660 53RD STREET SW NAPLES, FL 34116---0 BAKER, MARK W 3661 31ST AVE SW NAPLES, FL 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NAPLES, FL 34109---0 OLSZEWSKI REVOCABLE TRUST 3190 SAFE HARBOR DR NAPLES, FL 34117---8407 PARRECO LIMITED PARTNERSHIP % THEODORE J PARRECO 8310 WHISKEY PRESERVE CIRCLE#241 FORT MYERS, FL 33919---0 PETERSON, JAMES D 3781 31ST AVE SW NAPLES, FL 34117---8457 PHILLIPS, MATTHEW N & MARY J 210 CENTER CT VENICE, FL 34285---0 PLOVER GROUP PROPERTIES LLC 4480 7TH AVE NW NAPLES, FL 34119---1528 PLUC, ANNA 3791 31ST AVE SW NAPLES, FL 34117---0 PRICE, JEFFREY L & TAMMY S 4050 32ND AVE SW NAPLES, FL 34116---8314 PS FLORIDA ONE INC 701 WESTERN AVE GLENDALE, CA 91201---0 RAY, CHRISTINE 3170 SAFE HARBOR DR NAPLES, FL 34117---8407 REFERENCE ONLY WHITE LAKE ANNEX I A CONDOMINIUM REYES, CESAR O FORTE DAYLEN M RAMIREZ BENEDIT 3461 31ST AVE SW NAPLES, FL 34117---0 RICH, ROLAND & RUTH 3170 41ST ST SW NAPLES, FL 34116---8324 RIDDLE, MELINDA PANIAGUA 3841 31ST AVE SW NAPLES, FL 34117---8459 ROBERT, EMERIC & MYLENE 3165 SAFE HARBOR DR NAPLES, FL 34117---8407 ROSS, TIM CAROL A MILLER ROSS 3301 31ST AVE SW 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33394---0 THALHEIMER, SANFORD C & ERIKKA 3210 31ST AVE SW NAPLES, FL 34117---8448 TITAN FLORIDA LLC 5700 LAKE WRIGHT DR #300 NORFOLK, VA 23502---1859 URIKA III INC 567 PARKWOOD LN NAPLES, FL 34103---8534 VICTORIA ESTATES LTD ET AL 8441 COOPER CREEK BLVD UNIVERSITY PARK, FL 34201---2006 VIVIAN HORAK TRUST 408032ND AVE SW NAPLES, FL 34116---8314 VU, TRI HUY TRANG MINH THI VU FRANCIS H VU10339 AMBERWOOD CIR FOUNTAIN VALLEY, CA 92708---5237 WHITE LAKE COMMONS ASSOC INC % SENTRY MANAGEMENT INC 2180 WEST SR 434 #5000 LONGWOOD, FL 32779---0 WHITE LAKE COMMONS ASSOC INC 2180 WEST SR 434 SUITE 5000 LONGWOOD, FL 32779---0 WHITE LAKES REALTY LLC 12737 FORREST DR EDINBORO, PA 16412---1281 WHITE, JUDSON G 3330 31ST AVE SW NAPLES, FL 34117---8450 WHITNEY, FERNANDA V GEORGE D MCCRANIE BARBARA GODLESKI3711 31ST AVE SW NAPLES, FL 34117---0 WOOD & ROCK DESIGNS INC 5425 BOXWOOD WAY NAPLES, FL 34116---0 Golden Gate Estates Area Civic Association, Inc. PO Box 990596 Naples, FL 34116 DOA-PL20190001497 PUDR-PL20190001494 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen’s description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner’s list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance ______________________________________________________ (Signature of Applicant) State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 19th day of December, 2019 by Jessica Harrelson, who is personally known to me or who has produced _______________________ as identification. _____________________________________________ (Signature of Notary Public) (Notary Seal) ______________________________________________ Printed Name of Notary Tocia Hamlin-Rosa SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner’s agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner’s agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1.The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2.The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3.The petitioner or the petitioner’s agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner’s agent must replace the sign(s - - - - - - - - - - - - - - -- -- - - - - - - --- - - - - -- AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER : SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX NAME (TYPED OR PRINTED) CITY, STATE ZIP # STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this day of , 20 , by as identification , personally known to me or who produced and who did/did not take an oath. Signature of Notary Public Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. Jessica Harrelson Jessica Harrelson, AICP 4365 Radio Rd, Suite 201 Naples, FL 34104 Tocia Hamlin-Rosa 15th January 20 Jessica Harrelson, AICP PUDR-PL20190001494 and DOA-PL20190001497 CITY GATE COMMERCE PARK (PL20190001494 & PL20190001497) DATE OF INSTALL: JANUARY 13, 2020 CITY GATE COMMERCE PARK (PL20190001494 & PL20190001497) DATE OF INSTALL: JANUARY 13, 2020 CITY GATE COMMERCE PARK (PL20190001494 & PL20190001497) DATE OF INSTALL: JANUARY 13, 2020 COLLIER BLVDI 75 I 75 CITY GATE BOULEVARD NORTH CITY GATE BOULEVARD SOUTHBRENNAN DRIVE¯ Legend Existing PUD Boundary Proposed PUD Boundary CITY GATE COMMERCE C ENTER COLLIER COUNTY PROPOSED CITY GATE PUD BOUNDARY Z:\Active Projects\C\City Gate 07-0068\Engineering\22.a - PUDR\GIS\mxd\City Gate PUDR Bouundary.mxdDate Saved: 7/16/2019 PROJECT: NOTES: EXHIBIT DESC:PLANNING DEPT4365 RADIO ROADSUITE 201NAPLES, FL 34104P: 239-434-6060F: 239-434-6084 CLIENT: LOCATION: COLLIER BLVDI 75 I 75 ¯0 2,0001,000 Feet Citygate D evelopment, LLCCITY GATE DOA Collier County, FL D.O. Location Map Z:\Active Projects\C\City Gate 07-00 68\Eng in eerin g\22.a - PUDR\GIS \mxd\City Gate DOA location map.mxdDate S aved : 8/20 /20 19 PROJECT: NOTES: EXHIBIT DESC:PL ANNING D EPT4365 R ADIO ROADSUITE 201NAPLES, FL 34104239-434-6060 CLIENT: LOCATION: Legend City Gate D.O. Boundary City Gate Commerce Park PUD PUDR – PL20190001494 August 16, 2019 1 CITY GATE COMMERCE PARK FOLIO NUMBERS (ENTIRE PUD) CITY GATE COMMERCE CENTER PHASE ONE (PLAT BOOK 41/ PAGES 6-7): LOT 1: 26095000086 LOT 2: 26095000109 LOTS 3 & 4: 26095000125 LOTS 5: 26095000167 LOTS 6: 26095000183 LOT 7: 26095000206 LOT 8: 26095000222 LOT 9: 26095000248 LOT 10-12: 26095000264 LOT 13: 26095000329 LOT 14: 26095000345 LOT 15: 26095000361 LOT 16: 26095000387 TRACT A: 26095000028 TRACT R-1: 26095000044 TRACT R-2: 26095000060 CITY GATE COMMERCE PARK PHASE THREE (PLAT BOOK 63/ PAGES 84-90): LOT 1: 26095004228 LOT 2: 26095004244 LOT 3: 26095004260 LOT 4: 26095004286 LOT 5: 26095004309 LOT 6: 26095004341 LOT 7: 26095004367 LOT 8: 26095004383 LOT 11: 26095004448 LOT 12: 26095004464 LOT 13: 26095004480 LOT 14: 26095004503 LOT 15: 26095004529 LOT 16: 26095004545 LOT 17: 26095004561 City Gate Commerce Park PUD PUDR – PL20190001494 August 16, 2019 2 LOT 18: 26095004587 LOT 19: 26095004600 LOT 20: 26095004626 LOT 21: 26095004668 26095004642 LOT 22: 26095004684 LOT 24: 26095004765 26095004749 TRACT RL: 26095004189 26095004202 TRACT B: 26095004040 26095004066 TRACT R-2: 26095004121 TRACT R-3: 26095004147 26095004163 CITY GATE COMMERCE PARK PHASE THREE REPLAT (PLAT BOOK 65/ PAGES 94-97) LOT 9: 26095004943 LOT 23: 26095004969 LOT 25: 26095004985 LOT 26: 26095005007 TRACT R-4: 26095004927 CITY GATE COMMERCE CENTER PHASE TWO REPLAT (PLAT BOOK 50/ PAGE 24) LOTS 5 & 6: 26095000921 AND: *SPORTS COMLEX LOT EXTENSION (UNPLATTED PARCEL- 128.05 acres) FOLIO: 00298560501 *Subject of PUDR Application DEVELOPMENT ORDER NO. 2018- 01 RESOLUTION NO. 2018- 6 4 A RESOLUTION AMENDING DEVELOPMENT ORDER 88-02, AS AMENDED, THE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE: AMENDMENTS RESTORING LANGUAGE FROM THE ORIGINAL DEVELOPMENT ORDER 88-02 AND PROVIDE TRAFFIC CONVERSIONS, WITHOUT INCREASING THE OVERALL BUILDOUT TRAFFIC; AMENDMENT TO REGULATIONS PERTAINING TO VEGETATION AND WILDLIFE/WETLANDS TO REMOVE THE 2.47 ACRE WETLAND "PRESERVE" REQUIREMENT; AMENDMENT TO REMOVE PHASING SCHEDULE AND OBSOLETE DEVELOPMENT RESTRICTIONS; AMENDMENT TO THE MASTER DEVELOPMENT PLAN; EXTENSION OF TERMINATION DATE; AND AMENDMENT TO ALLOW FOR BIENNIAL REPORTING; SECTION TWO: FINDINGS OF FACT INCLUDING REVISED LEGAL DESCRIPTION AND CORRECTION OF ACREAGE; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY CONSISTING OF 291.55 ACRES IS LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF I-75 AND COLLIER BOULEVARD(CR 951)IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY,FLORIDA. [PL201700026341 WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 88-02 (the "Development Order") on December 13, 1988, which approved a Development of Regional Impact(DRI) known as Citygate Commerce Park Development Order;and WHEREAS, as a result of an appeal, a Settlement Agreement between Collier County and the Department of Community Affairs resulted in Development Order 90-4, Resolution No. 90-431 dated August 28, 1990("1990 DOA"),which amended Section One: Conclusion of Law, Section 4,Vegetation and Wildlife/Wetlands, including paragraphs c and d (which were entitled "Off-Site Mitigation" and Red Cockaded Woodpecker Management Plan", respectively) of the Development Order;and 17-CPS-01718/1402757/1]218 Underlined text is added; Struck }gh text is deleted. Citygate DR1/PL20170002634 3/27/18 Page 1 of 8 WHEREAS,the phasing schedule and termination dates were changed by Development Order 95- 2, Resolution No. 95-143 and Development Order 2000-2,Resolution No. 151; and WHEREAS, on November 9, 2010, the Board of County Commissioners approved an amendment to Development Order 88-02,as amended to revise the provisions relating to the Red-Cockaded Woodpecker mitigation; and WHEREAS, 850 NWN,LLC,a Florida limited liability company,and CG II,LLC,a Florida limited liability company, Citygate Development LLC, a Florida limited liability company,and South Florida Water Management District,own the DRI property east of the Florida Power&Light Easement;and WHEREAS, Roger B. Rice, of Roger B. Rice, P.A. and Frederick E. Hood, AICP of Davidson Engineering, Inc., representing 850 NWN LLC, CG II, LLC, and Citygate Development LLC, petitioned the Board of County Commissioners of Collier County, Florida,to amend the Development Order; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on March 1,2018; and WHEREAS, on March 27, 2018, the Board of County Commissioners, having considered application of proposed changes to the Development Order, and the record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission; and report and recommendation of the Collier County Planning Commission; the report and recommendation of the Collier County Planning Staff and Advisory Boards,the Board of County Commissioners of Collier County hereby approves the following Citygate Commerce Park Development Order amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER 88-02,AS AMENDED A. "Findings of Fact," Paragraph 4 of Development Order 88-02, as amended, is hereby amended to read as follows: 4.The applicant proposes the development of Citygate City Gate Commerce Park Planned Unit Development for 287.187 291.55 acres of land for a commercial development described in Development Order 88 02, as amended which includes: 90,000 square feet of commercial, 836,000 square feet of office, 1,920,000 square feet of Industrial, gas 17-CPS-01718/1402757/1]218 Underlined text is added; Struck-through text is deleted. Citygate DRUPL20170002634 3/27/18 Page 2 of 8 CA stations, 250 hotel/motel rooms and 80,000 square feet of public, utilitarian, recreational and educational space. B. Conclusions of Law, Section 3 of Development Order 88-02, as amended, TRANSPORTATION", is hereby amended as follows: h. The City Gate Commerce Park allows a maximum development intensity, which is the aggregate building development of: 90,000 square feet of commercial, 836,000 square feet of office, 1,920,000 square feet of industrial, gas stations, 250 hotel/motel rooms, and 80,000 square feet of public, utilitarian, recreational, and educational space. There are no building restrictions to each particular listed land use, but the aggregate amount of building development may not be exceeded. The final mix of uses developed may not generate more trips than generated by the A.D.A. Table 12.B.3.mix. ("Approved Trips"). The developable building square footage of land uses (industrial and office) will include a Sports Complex and/or additional hotel units, subject to the maximum Approved Trips. C. Conclusions of Law, Section 4 of Development Order 88-2, as amended, "Vegetation and Wildlife/Wetlands", is hereby to read as follows: 4. VEGETATION AND WILDLIFE/WETLANDS: a. Golden Polypody Ferns and Butterfly Orchids shall be relocated to appropriate protected areas on-site. A - - - -- - - -- - -- .- -- -- -- - -- thall be preserved. e b. The Red Cockaded Woodpecker Management Plan shall be the Red Cockaded Woodpecker Management Plan provisions in the City Gate Habitat Conservation Plan for the Red-Cockaded Woodpecker and Florida Panther (City Gate HCP), document #2005050-10.1 dated March 15, 2006 as revised through May 2008 and approved on March 30, 2009 by the U.S. Fish & Wildlife Service and the Mitigation for Red Cockaded Woodpecker shall be the mitigation provisions in the Federal Fish & Wildlife Permit TE145823-0, issued July 1, 2009 (City Gate Federal Permit), pursuant to Section 10 of the United States Endangered Species Act of 1973, as amended (7 U.S.0 § 136, 16 U.S.C. § 1531 et seq.). 1. A Copy of this RCW Management Plan shall be filed with the original of this Resolution in the Records of the Clerk to the Board of County Commissioners. 17-CPS-01718/1402757/1]218 Underlined text is added;rough text is deleted. Citygate DRUPL20170002634 3/27/18 Page 3 of 8 2. Copies of all Monitoring Reports and correspondence with the U.S. Fish and Wildlife Service, regarding the City Gate HCP and City Gate Federal Permit, shall be provided to Collier County and the Southwest Florida Regional Planning Council (SWFRPC) as part of the Annual Monitoring Report for the City Gate Commerce Park DRI. 3. The City Gate project shall be deemed to be in compliance with the RCW Management Plan if the City Gate project is in compliance with the requirements of the U.S. Fish & Wildlife Service under the City Gate HCP and the City Gate Federal Permit. No violation of the RCW Management Plan under this Resolution may be charged unless the U.S. Fish and Wildlife Service shall have initiated an action to suspend or revoke the City Gate Federal Permit for failure to comply with the RCW Management provisions thereof. D. Conclusions of Law, Section 9 of Development Order 88-02, as amended (2000-02), General Considerations", is hereby amended by deleting subparagraph c. in its entirety. 9.GENERAL CONSIDERATIONS: c. -- . 9 • . . .. . . -- date of development order approval with phase endings modified as follows: Phase I October 27, 2002, Phase II October 27, 2005, Phase III October 27, 2007, Phase IV October 27, 2010, Phase V October 27, 2012, shall be incorporated as a condition of within the development order to mitigate regional impacts, arc not carried out to the octent or in accordance with the timing schedule specified within the development deviation for the affected regional issue. The Citygate project contains 209 acres of building sites. exclusive of streets, lakes, and other non building site areas. Until the wetland jurisdiction lines and the Red Cockaded Woodpecker Management Plan have been refreshed. any necessary Master s e a complete new TIS prepared, and a new DOA approved, development i.c.. building permit issuance, shall be limited to 15% of the Project site acres, which is 31.35 site acres. The 31.35 acre maximum development area shall be located west of the FPL easement. except for the area east of the FPL usement in which there arc no jurisdictional wetlands and in which no Red Cockaded Woodpecker nesting or foraging area has been established. Water management facilities to accommodate the initial development area may occur_ east of the FPL easement. as provided for in SECTION ONE: Paragraph 4.c. of Development Order 90 4. E. Conclusions of Law, Section 10 of Development Order 88-02, "PUD DOCUMENT", is hereby amended as follows: 17-CPS-01718/1402757/1]218 Underlined text is added; Struck-through text is deleted. Citygate DRI/PL20170002634 3/27/18 Page 4 of 8 10. PUD DOCUMENT: The approved Citygate PUD document and Master Development Plan, as those documents may be officially modified from time to time, are hereby incorporated in and made a part of this Development Order and are entitled Exhibit "A", attached hereto. The updated Master Development Plan, attached hereto as Exhibit "A", is hereby incorporated in and made part of the Development Order. F. Paragraph 3 of an untitled Section (Page 12) of Development Order 88-02, as amended 2000-02), for the Citygate Commerce Park is hereby amended to read as follows: 3. This Development Order shall remain in effect for the duration of the project. However-,- in owever, in the event that significant physical development has not commenced within twelve (12) ent order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on October 27 26, 2014 2030. G. Paragraph 5 of an untitled Section (Page 12) of Development Order 88-02, as amended 2000-02), for the Citygate Commerce Park is hereby amended to read as follows: 5.The applicant or its successor(s) in title to the subject property shall submit a report annually biennially, commencing one year from the effective date of this development order amendment, to the Board of County Commissioners of Collier county; and the Southwest Florida Regional Planning council, • • . • • ! • . . •• • • . Affairs. This report shall contain the information required in Section 9J-2.025(6), Florida Administrative Code. Failure to submit the annual biennial report shall be governed by Subsection 380.06 (18), Florida Statutes. 17-CPS-01718/1402757/11 218 Underlined text is added; Struck i text is deleted. Citygate DRUPL20170002634 3/27/18 Page 5 of 8 C'q SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment, consists of 291.60 acres is legally described as set forth in Exhibit B, attached hereto and by reference made a part hereof This legal description has been corrected and revised to reflect actual acreage. B. The application is in accordance with Section 380.06(19)(e)1., Florida Statutes. The applicant submitted a Notice of Proposed Change, attached hereto as Exhibit C and by reference made a part hereof, to the Regional Planning Council, the State Land Planning Agency and Collier County. This Section also provides "A Notice of Proposed Change ... that involves an extension of the buildout date of development, or any phase thereof, of less than five years is not subject to the public hearing requirements of f(3) and is not subject to a determination pursuant to subparagraph f(5)." C. A review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments. D. The development is not in an area designated an Area of Critical State concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. E. A summary of the expiration dates is as follows: Expiration Original Date—DO 88-2 DO 90-4 12/31/2007 DO 95-2 12/28/2012 DO 2000-2 10/27/2014 2007 Extension— 3 years 10/27/2017 380.06(19)(c), F.S. 2009 Extension—2 years 10/27/2019 Senate Bill 360 2010 Extension—2 years 10/27/2021 Ch 2010-147, Laws of Florida 17-CPS-01718/1402757/1]218 Underlined text is added; St,-.,%gr text is deleted. Citygate DRI/PL20170002634 3/27/18 Page6of8 2011 Extension—4 years 10/27/2025 380.06(19)(c), F.S. Proposed 4 years 364 days 10/26/2030 SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not require further development of regional impact review. B. The proposed changes to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. E. The proposed changes do not constitute a substantial deviation pursuant to Section 380.06(19)(e)1. and Section 380.06(19)(e)2.m., Florida Statutes, and therefore it is not subject to the public hearing requirements of 380.06(19)(f)3. and it is not subject to a determination pursuant to Section 380.06(19)(f)5. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 88-02, as previously amended, shall remain in full force and effect, binding in accordance with the terms on all parties thereto. B. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Economic Opportunity, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. 17-CPS-01718/1402757/1]218 Underlined text is added;Struck through text is deleted. Citygate DRI/PL20170002634 3/27/18 Page 7 of 8 nz'. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and favorable vote. Done this 0? day of fl 1_a-r k 2018. ATTEST: BOARD OF CO ' ' Y COMMIS NERS DWIGHT E BROW, CLERK COLLIER C O I T LORID 0,-A-kkACC—C;--ki\-Ay:A Attest asto,QhJerk ANDY SOLIS, Chairman signature only, Approved as to form and legality: COUtitv Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Updated Master Development Plan Exhibit B—Legal Description Exhibit C—Notice of Proposed Change 17-CPS-01718/1402757/11 218 Underlined text is added; Struckthr-ough text is deleted. Citygate DRI/PL20170002634 3/27/18 Page8of8 6-) 5bq8ei- L 1_1:- In ..— .2.2:,==_.7.::: OLE-- DGIv ) COLLIERBOIriEVARD— COLLIERBOULEVARzg7ifCR.951y'i c r_"__ 4 ti it mT1 i 5ffmrtm1Jmpr, v i...—__1.—_ T III lI; ' l 7 -• WHITE LAKE BOULEVARD 1off_ 4 ,//1 y9 v 7.1j/ / //j%/./j////// ASE ENT/j'j//j///,// 1 I J <Dv 2IIBRENNARDRIVEH m _ 0 I mA > D i I z 1-° m m A O m 1f7 Ill p i o iWil (')C7 0 1 I I S0oO m o K m zm W o II 1 y a 1 I m j m o° mm s Ii i,'II Ij Z r 17 m °= C) 1 z 1. 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DE Exhibit B DAVIDSON fN0 NF FRi NG ATTACHMENT "B" LEGAL DESCRIPTION A PORTION OF SECTION 35,TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA; THENCE NORTH 89°00'01" EAST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SAID SECTION 35, A DISTANCE OF 306.27 FEET TO A POINT ALONG SAID SOUTH LINE OF THE NORTH 1/2 OF SECTION 35,AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE NORTH 43°47'54"WEST,A DISTANCE OF 94.86 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 336.0 FEET, DELTA OF 41°01'26", AND A CHORD BEARING AND DISTANCE OF NORTH 23°14'57" WEST, 235.47 FEET, RESPECTIVELY; THENCE NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 240.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 02°46'25" WEST, A DISTANCE OF 750.60 FEET; THENCE NORTH 04°21108" WEST, A DISTANCE OF 294.22 FEET TO AN INTERSECTION WITH PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR STATE ROAD NO. 93 (1-75) SHEET 8 OF 10; THENCE NORTH 89°31'01" EAST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PROPOSED ACCESS ROAD AND THE NORTH BOUNDARY OF THE SOUTHERN PORTION OF CITY GATE COMMERCE CENTER, PHASE ONE,A DISTANCE OF 454.07 FEET TO AN INTERSECTION WITH THE WEST LINE OF COLLIER COUNTY WATER TREATMENT PLANT AS RECORDED IN OR 1022, PG 1257;THENCE SOUTH 00°47'14" WEST ALONG SAID WEST LINE OF TREATMENT PLANT AND THE EAST BOUNDARY OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 653.80 FEET;THENCE NORTH 89°04'40" EAST ALONG THE SOUTH LINE OF SAID TREATMENT PLANT AND THE NORTH BOUNDARY OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 690.82 FEET TO AN INTERSECTION WITH THE WEST LINE OF A 170.00 FEET WIDE FLORIDA POWER & LIGHT COMPANY EASEMENT, AS RECORDED IN OR 681, PG 1210; THENCE NORTH 00°47114" EAST ALONG THE WEST LINE OF SAID EASEMENT AND THE EAST LINE OF SAID TREATMENT PLANT, A DISTANCE OF 332.74 FEET TO A POINT ALONG THE EAST LINE OF SAID WATER TREATMENT PLANT AND THE WEST LINE OF SAID EASEMENT; THENCE CONTINUE NORTH 00°47'14" EAST ALONG SAID WEST LINE AND SAID EAST LINE, A DISTANCE OF 1,066.70 FEET; THENCE NORTH 58°30'03" WEST ALONG THE NORTHERLY LINE OF SAID TREATMENT PLANT AND THE SOUTHERLY LINE OF SAID EASEMENT, A DISTANCE OF 596.93 FEET TO THE SOUTHEAST CORNER OF PARCEL "A" PROPOSED CONVEYANCE TO CITY GATE AS RECORDED IN OR 3695, PG 2872;THENCE SOUTH 61°10'06" WEST ALONG THE SOUTH LINE OF SAID PARCEL"A" AND THE NORTH LINE OF SAID TREATMENT PLANT, A DISTANCE OF 203.97 FEET; THENCE SOUTH 00°47'14" WEST ALONG THE EAST BOUNDARY OF SAID CITY GATE, PHASE ONE AND THE WEST LINE OF SAID TREATMENT PLANT, A DISTANCE OF 870.28 TO AN INTERSECTION WITH SAID PROPOSED ACCESS ROAD; THENCE SOUTH 89031101" WEST ALONG THE NORTH RIGHT OF WAY LINE OF SAID PROPOSED ACCESS ROAD AND THE SOUTH BOUNDARY OF THE NORTHERN PORTION OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 456.52 FEET TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF STATE ROAD 951; THENCE NORTH 00°29'22" WEST ALONG SAID EAST RIGHT OF WAY LINE OF STATE ROAD 951 AND THE WEST LINE OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 1260.46 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 35; THENCE NORTH 89°13'02" EAST ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 5,182.54 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35;THENCE SOUTH 00°30'14" EAST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE OF 2,669.36 TO THE MIDPOINT OF THE EAST LINE OF SECTION 35; THENCE SOUTH 86°27'31" WEST, A DISTANCE OF 66.98 FEET TO THE City Gate Commerce Park PUDA—PL20170002330 Attachment B— Legal Description January 22,2018 www.davidsonengineering.com 0 DAVIDSON DE 1'4C 14Ew kt NG NORTHEAST CORNER OF LOT 18,WHITE LAKE CORPORATE PARK, PHASE THREE;THENCE SOUTH 89°00'01" WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SECTION 35,A DISTANCE OF 4,910.20 FEET TO THE POINT OF BEGINNING. PROPERTY CONTAINS 12,699,815 SQUARE FEET OR 291.55 ACRES, MORE OR LESS. City Gate Commerce Park PUDA—PL20170002330 Attachment B— Legal Description January 22,2018 www.davidsonengineering.com O Exhibit C FORM DEO-BCP-PROPCHANGE-1 Rule 73C-40.010, FAC. Effective 11-20-90 Renumbered 10-01-11) STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY PLANNING & DEVELOPMENT The Caldwell Building, MSC 160 107 East Madison Street Tallahassee, Florida 32399 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT(DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, Frederick E. Hood, AICP, the undersigned owner/authorized representative of CG II, LLC and 850 NWN, LLC, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the City Gate Commerce Park development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of Community Planning, Department of Economic Opportunity. 8.30.2017 Date Signature 1 Page I of C0 2. Applicant (name, address, phone). CG II, LLC, 850 NWN, LLC and Citygate Development, LLC 121 S Main Street, Suite 500 Akron, OH 44308 3. Authorized Agent (name, address, phone). Davidson Engineering, Inc. Frederick E. Hood,AICP Senior Planner 4365 Radio Rd, Suite 201 Naples, FL 34104 4.Location (City, County,Township/Range/Section) of approved DRI and proposed change. City: Naples County: Collier Section 35/Township 49/ Range 26 5.Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. The purposes of this application are for the following: Request a 5-year extension on the build-out date, Update the Master Concept Plan, Remove Section 4.b from the existing DRI relating to wetlands, Formal name change request from the CityGate Commerce Park to the City Gate Commerce Center, Provide additional external access points along the eastern property line of the City Gate Commerce Park PUD/DRI. One of the three additional access points being requested (located in the northeast corner) will allow for the connection of the proposed City Gate Boulevard North Extension, to the proposed interconnect to Collier County's Resource Recovery Business Park, and eventually will connect to the proposed Wilson Boulevard-Benfield Road Extension. The remaining two (2) access points being requested will provide pedestrian and vehicular connections, within the proposed Collier County Sports Complex Lot. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. The existing master site plan has been updated and a copy has been included for your review. 2 Page S of I 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. The Substantial Deviation Determination Chart has been completed and is attached for review staff's review. 7.List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Development Order 88-02/Resolution No.88-309—Original DRI Development Order 90-04/ Resolution No. 90-431 — Amendment to resolve issues raised with the DCA Appeal Development Order 95-02/ Resolution No. 95-143 —Amendment to phasing schedule, construction commencement date and termination date for project Development Order 00-02/ Resolution No. 00-151—Amendment to phasing schedule, construction commencement date and termination date for project Development Order 10-01/ Resolution No. 10-223 — Amendment to regulations pertaining to Red Cockaded Woodpeckers 8.Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within 3 mile on a project master site plan or other map. N/A. This does not apply to our request. 9.Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES X NO 3 Page of I 0 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. A five—year extension of the existing build-out date is being requested with this application. 11. Will the proposed change require an amendment to the local government comprehensive plan? Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 73-40.025, Florida Administrative Code: A Planned Unit Development Rezone (PUDR) and a DOA- Notice of Proposed change have been submitted concurrently with this application, to Collier County Growth Management. 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. Copies of the original and updated Master Concept Plans have been included for your review. Additionally, copies of these have been provided to Collier County Growth Management within the PUDR and DOA submittals. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; The purposes of this application are for the following: Request a 5-year extension on the build-out date, Update the Master Concept Plan, Remove Section 4.b from the existing DRI relating to wetlands, Formal name change request from the CityGate Commerce Park to the City Gate Commerce Center, Provide additional external access points along the eastern property line of the City Gate Commerce Park PUD/DRI. One of the three additional access points being requested (located in the northeast corner) will allow for the connection of the proposed City Gate Boulevard North Extension, to the proposed interconnect to Collier County's Resource Recovery Business Park, and eventually will connect to the proposed Wilson Boulevard-Benfield Road Extension. The remaining two (2) access points being requested will provide 4 age ,. of C pedestrian and vehicular connections, within the proposed Collier County Sports Complex Lot. b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; The legal description and boundary of the existing DRI has not changed, therefore an updated legal description is not being provided. c. A proposed and amended development order deadline for commencing physical development of the proposed changes, if applicable; N/A d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; N/A e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and Acknowledged. f.Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 73C-40.025 (7), F.A.C. N/A 5 Page 5 of I A- C SUBSTANTIAL DEVIATION DETERMINATION CHART ORIGINAL PLAN PREVIOUS D.O.CHANGE& TYPE OF LAND USE CHANGE CATEGORY PROPOSED PLAN DATE OF CHANGE Attraction/Recreation Parking Spaces NO CHANGE Spectators N/A Seats N/A Site locational changes NO CHANGE Acreage,including drainage,ROW, NO CHANGE easements,etc. External Vehicle Trips NO CHANGE D.O.Conditions NO CHANGE ADA Representations NO CHANGE Airports Runway(length) N/A Runway(strength) N/A Terminal(gross square feet) N/A Parking Spaces N/A Gates N/A Apron Area(gross square feet) N/A Site locational changes N/A Airport Acreage,including drainage,ROW, N/A easements,etc. Note: If a response is to be more than one sentence,attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Page(of 11 SUBSTANTIAL DEVIATION DETERMINATION CHART External Vehicle Trips N/A D.O.Conditions N/A Airports(cont.) ADA representations N/A Hospitals Beds N/A Parking Spaces N/A Building(gross square feet) N/A Site locational changes N/A Acreage,including drainage,ROW, N/A easements,etc. External Vehicle Trips N/A D.O.conditions N/A ADA representations N/A Industrial Acreage,including drainage,ROW, NO CHANGE easements,etc. Parking spaces NO CHANGE Building(gross square feet) NO CHANGE Employees NO CHANGE chemical storage(barrels and pounds) NO CHANGE Site locational changes NO CHANGE Note: If a response is to be more than one sentence,attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Page of I 0:5 SUBSTANTIAL DEVIATION DETERMINATION CHART Industrial(cont.) External vehicle trips NO CHANGE D.O.Conditions NO CHANGE ADA representations NO CHANGE Mining Operations Acreage mined(year) N/A Water withdrawal(gal/day) N/A Size of mine(acres),including drainage, N/A ROW,easements,etc. Site locational changes N/A External vehicle trips N/A D.O.Conditions N/A ADA representations N/A Office Acreage,including drainage,ROW, NO CHANGE easements,etc. Building(gross square feet) NO CHANGE Parking Spaces NO CHANGE Employees NO CHANGE Site locational changes NO CHANGE External vehicle trips NO CHANGE D.O.Conditions NO CHANGE Note: If a response is to be more than one sentence,attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. rage., $, of __" 0 SUBSTANTIAL DEVIATION DETERMINATION CHART Office(cont.) ADA representations NO CHANGE Petroleum/Chemical Storage Capacity(barrels and/or pounds) N/A Storage N/ADistancetoNavigableWaters(feet) Site locations changes N/A Facility Acreage,including drainage,ROW, N/A easements,ect. External vehicle trips N/A D.O.Conditions N/A ADA representations N/A Ports(Marinas) Boats,wet storage N/A Boats,dry storage N/A Dredge and fill(cu.yds.) N/A Petroleum storage(gals.) N/A Site locational changes N/A Port Acreage,including drainage,ROW, N/A easements,etc. External vehicle trips N/A D.O.Conditions N/A ADA representations N/A Note: If a response is to be more than one sentence,attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Page,C1 of 0 SUBSTANTIAL DEVIATION DETERMINATION CHART Residential Dwelling units N/A Type of dwelling units N/A of lots N/A Acreage,including drainage,ROW, N/A easements,etc. Site locational changes N/A External vehicle trips N/A D.O.Conditions N/A Wholesale,Retail,Service Acreage,including drainage,ROW, NO CHANGE easements,etc. Floor Space(gross square feet) NO CHANGE Parking Spaces NO CHANGE Employees NO CHANGE Site locational changes NO CHANGE External vehicle trips NO CHANGE D.O.Conditions NO CHANGE ADA representations NO CHANGE Note: If a response is to be more than one sentence,attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Page D of 1 -4" 0 SUBSTANTIAL DEVIATION DETERMINATION CHART Hotel/Motel Rental Units NO CHANGE Floor space(gross square feet) NO CHANGE Parking Places NO CHANGE Employees NO CHANGE Site locational changes NO CHANGE Acreage,including drainage,ROW, NO CHANGE easements,etc. External vehicle trips NO CHANGE D.O.Conditions NO CHANGE ADA representations NO CHANGE R.V.Park Acreage,including drainage,ROW, NO CHANGE easements,etc. Parking Spaces NO CHANGE Buildings(gross square feet) NO CHANGE Employees NO CHANGE Site locational changes NO CHANGE External vehicle trips NO CHANGE D.O.conditions NO CHANGE ADA representations NO CHANGE Note: If a response is to be more than one sentence,attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. P,rge I I of I 0 SUBSTANTIAL DEVIATION DETERMINATION CHART Open Space(All natural and Acreage NO CHANGE vegetated non-impervious NO CHANGE surfaces) Site locational changes Type of open space NO CHANGE D.O.Conditions NO CHANGE ADA representations NO CHANGE Preservation,Buffer or Acreage 2.47 acres to 0 acres Special Protection Areas Site locational changes NO CHANGE Preservation(cont.) Development of site proposed NO CHANGE D.O.Conditions NO CHANGE ADA representations NO CHANGE Note: If a response is to be more than one sentence,attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Page of 0 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL RECEIPT AND REVIEW FEE AGREEMENT FOR REVIEW OF DEVELOPMENTS OF REGIONAL IMPACT APPLICANT REGIONAL PLANNING COUNCIL USE ONLY Joseph R. Weber Name PROJECT IDENTIFICATION Address 121 S. Main Street, Suite 500 NAME: Akron, OH 44308 Telephone ( 239)593-1002 NUMBER: E-mail Roger@attyrogerrice.corn COORDINATOR: AUTHORIZED AGENT DATE RECEIVED:_ Frederick E. Hood,AICP, Davidson Engineering, Inc. Name Address 4365 Radio Rd, Suite 201 Naples, FL 34104 Telephone(239)434.6060 E-mail fred©davidsonengineering.com Location of Project Section 35 Township 49 Range 26 County Collier GENERAL LOCATION Collier and City Gate Boulevards Name of ProjectCity Gate Commerce Park Former Project Name(s) for this site(if applicable)__ SWFRPC Review Fee Agreement ver072006 Page jL of ) Whereas the Department of Community Affairs adopted Rule 9J-2.0252, Florida Administrative Code (FAC), governing the policies and procedures for the assessment and collection of fees by regional planning agencies for the review of Application for Development Approval (ADA) of a Development of Regional Impact (DRI), a Substantial Deviation ADA, a Development Designation of Florida Quality Development (FQD), an application for Abandonment of a DRI, a Notice of Proposed Change (NOPC) and plans and reviews identified in development orders requiring regional review; and Whereas the Southwest Florida Regional Planning Council and the below named applicant desire to act in conformity with Rule 9J-2.0252, FAC, which requires a contract for the payment of fees between the regional planning agency and the applicant; NOW THEREFORE, in consideration of the mutual covenants contained herein, Joseph R. Weber, Vice President, herein after referred to as APPLICANT, and the SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, herein after referred to as SWFRPC, on thisday of 20 , agree as follows: I. The APPLICANT is submitting an Application for Development Approval (ADA) of a DRI, a Substantial Deviation ADA, a Development Designation for Florida Quality Development (FQD), an application for Abandonment of a DRI, a Notice of Proposed Change NOPC) to a previously approved DRI, or a supplemental review required by the development order(Circle appropriate type of submittal) 2. For an application for an ADA, a Substantial Deviation ADA or a FQD, the APPLICANT is required (in accordance with FAC 9J-2.0252(2)(a) and FAC 9J-2.0252(2)(b)) to submit a deposit in the amount of $15,000.00 prior any related issue methodology meeting including the review of Preliminary Development Agreements), prior to the submission of the pre-application information form (FORM-RPM-BSP-PREAPP INFO-1) or prior to conducting a preapplication conference in accordance with Section 380.06(7), Florida Statutes, whichever 2 SWFRPC Review Fee Agreement ver072006 Page.11 of 1 4 occurs first for an ADA, Substantial Deviation ADA, or an FQD. $5,000.00 of the fee deposit is non-refundable. An additional deposit of $20,000.00 is to be submitted with the ADA, Substantial Deviation ADA or FQD (9J2-0252(2)(b). The APPLICANT shall be liable to the SWFRPC for 100% of the actual costs, both direct and indirect, of coordinating or reviewing an ADA, a Substantial Deviation ADA or FQD (9J-2.0252(3)(a)). The APPLICANT shall be notified by the SWFRPC when the funds in the project's account or cost center are less than or equal to $5,000.00. The notice shall indicate whether the SWFRPC estimates the costs of coordinating or reviewing the application will exceed the existing deposit and, if so, will request an additional deposit sufficient to cover the estimated remaining costs. APPLICANT agrees to waive the $75,000 total deposit limit of FAC 9J-2.0252(3)(c), however, by agreeing to the waiver of the total deposit the APPLICANT does not waive FAC 9-J-2.0252(4). 3. For an application for a Notice of Proposed Change (NOPC) to a previously approved DRI, an application for Abandonment of a DRI, or a supplemental review required by the development order, in accordance with FAC 9J-2.0252(6)the APPLICANT is required to submit a deposit in the amount of$2,500.00 prior to any related methodology meeting or at the time of application submittal, whichever occurs first. The $2,500.00 initial deposit shall be non- refundable. Charges related to these reviews will be handled in the same manner as for an ADA, a Substantial Deviation ADA or FQD. The APPLICANT shall be notified by the SWFRPC when the funds in the project's account or cost center fall below $1,500.00. The APPLICANT shall make an additional deposit with the SWFRPC in the amount of$1,500.00 within 15 days of receipt of notification. The APPLICANT shall be liable to the SWFRPC for 100% of the actual costs, both direct and indirect, for coordination and review of the APPLICANT's submittal (FAC 9J-2.0252(3)(a). Failure to make an additional deposit with the SWFRPC in the amount requested within 15 days may result in a work stoppage on subject application until such time as requested funds are deposited with the SWFRPC (FAC 9J-2.0252(2) and FAC 9J-2.0252(2)(a)). If the application is withdrawn, the APPLICANT is liable to the SWFRPC for 100% of the actual costs, both direct and indirect of the coordination and review of the application up to the time of request for withdrawal. 3 SWFRPC Review Fee Agreement ver072006 Page")of_ , 4. Upon completion of the review process, if the actual costs exceed the total amount deposited in the project's account or cost center, but are less than $75,000.00, the SWFRPC shall bill the APPLICANT within ninety (90)days thereafter. The APPLICANT shall pay the amount due to the SWFRPC within 30 days following receipt of the bill. Any dispute regarding expenses included in a final bill which is less than $75,000.00 shall be submitted directly to the SWFRPC and shall be handled by the SWFRPC in the same manner as other types of expense disputes. 5. Upon completion of the review process, if the actual costs exceed the total amount deposited in the project's account or cost center, and are greater than $75,000.00, the SWFRPC shall bill the APPLICANT within 90 days. The APPLICANT shall pay the amount due, less any disputed expenses, to the SWFRPC within 30 days following receipt of the bill. If any specific expenses exceed $75,000.00 and these expenses are disputed by the APPLICANT, the APPLICANT must notify the Department of Community Affairs (DCA) and the SWFRPC in writing listing specific expenses in dispute and the reasons why these expenses should not be considered reasonable and necessary for the regional review of the project. This notice shall be rendered within 15 days of the final bill; failure to do so shall be considered as a waiver of the APPLICANT's right to dispute any expenses (FAC 9J-2.0252(4)(a)). Within 15 days of any notice of dispute, the SWFRPC shall inform the DCA how and why the disputed expenses are reasonable and necessary. The DCA shall determine the expenses that are reasonable and necessary within 30 days. 6. Fees not remitted by APPLICANT to SWFRPC within 30 days of receipt of the final bill from the SWFRPC, or within 15 days of receipt of the Department of Community Affairs' determination regarding any disputed expenses, shall require APPLICANT to pay to SWFRPC interest on the unpaid balance at the rate of one percent (1%) per month. In the event the SWFRPC is required to file suit to collect unpaid fees, then the prevailing party shall be entitled to be paid by the non-prevailing party all reasonable costs incurred by the prevailing party, including expert witness fees and reasonable attorney fees. Failure of the SWFRPC to make applicable refunds to the APPLICANT within 60 days, as provided herein, shall require 4 SWFRPC Review Fee Agreement ver072006 page I(i) of I -4- SWFRPC to pay to APPLICANT interest on the unpaid balance at the rate of one percent (1%) per month. 7. The SWFRPC shall within 90 days, refund deposited funds (excluding the non- refundable $5,000.00 deposit for an ADA, a Substantial Deviation ADA or a FQD) which exceed its direct and indirect costs or that remain at the time the APPLICANT withdraws an application. 8. All fees paid by APPLICANT to SWFRPC shall be by certified check or bank draft, in U.S. funds, made payable to SWFRPC. Upon receipt of the initial fee deposit as required herein, the SWFRPC shall establish an account or cost center for the project to be reviewed. 9. The SWFRPC shall maintain records of all direct and indirect costs associated with the coordination of the preapplication conference, related issue methodology meetings, Preliminary Development Agreement, and other activities through the review of the ADA, Substantial Deviation ADA, application for abandonment, NOPC to a previously approved DRI and of the final or amended development order, its presentation to the Council and comments issued to the local government preparation for and attendance of hearings that are reasonable and necessary in respect to the regional review of the impacts of the development. SOUTHWEST FLORIDA APPLICANT REGIONAL PLANNING COUNCIL By: By::—d c L"t Title: itl : Josep R. Weber, Vice President Dated the day of 20 - Dated the / 7 day of A7 20 T7 5 SWFRPC Review Fee Agreement ver072006 Page J of ja DEVELOPMENT ORDER 2010- 0 1 RESOLUTION NO. 2010- 223 A RESOLUTlON AMENDING DEVELOPMENT ORDER 88-02, AS AMENDED, TIlE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTlON ONE: AMENDMENT TO REGULATlONS PERTAINING TO RED COCKADED WOODPECKERS; SECTlON TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAWj SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND PROVIDING AN EFFECTlVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 88-02 (the "Development Order") on December 13, 1988, which approved a Development of Regional Impact (DRI) known as Citygate Commerce Park Development Order; and WHEREAS, as a result of an appeal, a Settlement Agreement between Collier County and the Department of Community Affairs resulted in Development Order 90-4, Resolution No. 90-431 dated August 28, 1990 ("1990 DOA"), which amended Section One: Conclusion of Law, Section 4, Vegetation and Wildlife/Wetlands, including paragraphs c and d (which were entitled "Off-Site Mitigation" and Red Cockaded Woodpecker Management Plan", respectively) of the Development Order; and WHEREAS, 850 NWN, LLC, a Florida limited liability company, and CG II, LLC, a Florida limited liability company, (collectively "Owners") own the DR! property east of the Florida Power & Light Easement; and WHEREAS, the Owners, after formal consultation with the United States Fish and Wildlife Service, applied for the approval of a Habitat Conservation Plan and for a Federal Fish and Wildlife Permit pursuant to Section 10 of the United States Endangered Species Act of 1973, as amended (7 U.S.C 9 136, 16 U.S.C. 9 1531 et seq.), which, among other things, incorporates the latest Red Cockaded Woodpecker RCW") management methods and mitigation strategies; and WHEREAS, the United States Fish and Wildlife Service approved the City Gate Habitat Conservation Plan for the Red-Cockaded Woodpecker and Florida Panther ("City Gate HCP"), document #2005050-10.1 dated March IS, 2006 as revised through May 2008 and approved on March 30, 2009; and Underlined text is added; glrliel, t"rssg" text is deleted. City Gate / DOA-PL2010-843 Rev. 11/09/10 Page I of9 WHEREAS, the U.S. Fish and Wildlife Service issued to Owners a Federal Fish and Wildlife Permit TEI45823-0, issued July 1,2009 ("City Gate Federal Permit"); and WHEREAS, the City Gate Federal Permit incorporates the latest RCW mitigation strategies; and WHEREAS, the RCW mitigation strategies and management methods found in the 1990 DOA vary from the RCW mitigation strategies and RCW management plan found in the City Gate HCP and City Gate Federal Permit; and WHEREAS, the proposed changes are required to conform to a permit approved by the United States Fish and Wildlife Service, and these changes do not create any additional regional impacts; and WHEREAS, Roger B. Rice, of Roger B. Rice, PA, representing the Owners, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order by amending the 1990 DOA; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on September 16,2010; and WHEREAS, on November 9, 2010, the Board of County Commissioners, having considered application of proposed changes to the Development Order by amending the 1990 DOA, and the record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission; and report and recommendation of the Collier County Planning Commission; the report and recommendation of the Collier County Planning Staff and Advisory Boards, the Board of County Commissioners of Collier County hereby approves the following Citygate Commerce Park Development Order amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR!DA that: SECTlON ONE: AMENDMENT OF DEVELOPMENT ORDER 88-02, AS AMENDED Conclusions of Law, Section 4 of Development Order 88-2, as amended, "Vegetation and Wildlife/Wetlands", is hereby amended by deleting subparagraphs b, c, and d in their entirety and adding a new subparagraph b to read as follows: 4. VEGETATION AND WILDLIFE/WETLANDS: a. Golden Polypody Ferns and Butterfly Orchids shall be relocated to appropriate protected areas on-site. b. The 2.47 acres of wetlands preserve shown on the approved Master Development Plan Underlined text is added; Slreel, I"reeg" text is deleted. City Gate / DOA-PL20 I 0-843 Rev. 11/09/10 Page 2 of9 shall be preserved. e. Off Site Mit-igatioR 1. DevelepmeRt sf tHe prejeet area lseatea west of tHe pswerline easemeRt may CSlllIIleRee immed-iately, tllgetAerwith thetwe parcels east efthe pewerliRe easemeRt Reeessary te previae temperer)' Wast8'Nater treatmeRt aRa d-ispesal faeilities ana ste_water maRagemeRt fm tHe area west ef the pswerliRe easemeRt. The area east eftHe pswerliRe easemeRt SHall Ret elleeea twelYe (12) aeres iR tetal aRa shall 'oe if! tHe appre)limRte IseatieRs sflllWR SR Blffii'oit ".'.". The eight (ll) aeres meFe er less ts oe atilizea fer water mWl8gemeRt paFpeses, will Ret Fe'laire massi-;e eleariag aRa a majerity eftHe matare trees (ll".. diameter) will Be maiRtaiaed liRtil mitigatisR is pre';iaea fer said prsperty. These aeres east ef the pllwerliRe easemeRt 'oeiRg atilizea shall 'oe mitigated witH tHe first release sf adaitieRal acreage seagflt i1ereURder. Prier te the issallRce ef ceRstflIetioR pe_its fer develepmeRt ef any eftHe prajeet areas loeated east eftHe pey;erline easemeRt elleept as set forth aBeve, mitigatieR for the impacts ta sn site Rea Ceek-aded Wseapeelters anti their habitat shall ecelif as set ferth i1ereiR. 2. SeatR'.vest F1erida RegieRtH Plar.niBg Ce\iBeil (SWFRPC) is caHently ceBtemplatiBg the estahlishrReRt ef a Regional MitigatisB Plan fer the sff site mitigatiSB ef impaets ta Rea Cecl,aded VI' oeapeckers aRa ether listea species. If tHe Ssathwest Fleriaa RegieRal PlanaiBg Couasil adopts suell a RegieB8l Mitigation Plan whieHmitigates the ilRJlaots of the Rea Ceokaacd Weeapeeker sff site aRd is aeeepted by DC.'. dlii.ng the peBdeoo)' eftRis Develspment oreer, ,^,pplieaBt may, at its sale sptisB, ehesse to partieipate in said regisBtH mitigation plaR as te 8BY aeres lIF.mitigated as aR altemative tll farther mitigatisB uBder this SeetieR. Flif'.ller, iR the eveRt tHat Rea Csekadea W sodpeelters are removea frem tHe list sf preteetea species eftHe State of Florida dw-'.Bg the peadeaey efthis DevelsflmeRt Order, l\pplicant shall Have BS farther obligatisn frsm aRa after that time, fer mitigatioB sf impacts ts said species. c. The Red Cockaded Woodpecker Management Plan shall be the Red Cockaded Woodpecker Management Plan provisions in the Citv Gate Habitat Conservation Plan for the Red-Cockaded Woodpecker and Florida Panther (Citv Gate HCP). document #2005050-10.1 dated March 15. 2006 as revised through Mav 2008 and approved on March 30. 2009 bv the U.S. Fish & Wildlife Service and the Mitigation for Red Cockaded Woodpecker shall be the mitigation provisions in the Federal Fish & Wildlife Permit TE145823-0. issued Julv L 2009 (Citv Gate Federal Permit). pursuant to Section 10 of the United States Endangered Species Act of 1973. as amended (7 U.S.C & 136. 16 U.S.c. & 1531 et seq.). I. A Copv of this RCW Management Plan shall be filed with the original of this Resolution in the Records of the Clerk to the Board of Count v Commissioners. 2. Copies of all Monitoring Reports and correspondence with the U.S. Fish and Wildlife Service. regarding the Citv Gate HCP and Citv Gate Federal Permit. shall be provided to Collier Countv and the Southwest Florida Regional Planning Council (SWFRPC) as part of the Annual Monitoring Report for the Citv Gate Commerce Park DR!. Underlined text is added; Slrnek IRreegR text is deleted. City Gate / DOA-PL20 I 0-843 Rev. 11/09/1 0 Page 3 of9 3. The City Gate proiect shall be deemed to be in compliance with the RCW Management Plan if the City Gate proiect is in compliance with the requirements of the U.S. Fish & Wildlife Service under the Citv Gate HCP and the Citv Gate Federal Permit. No violation of the RCW Management Plan under this Resolution mav be charged unless the U.S. Fish and Wildlife Service shall have initiated an action to suspend or revoke the City Gate Federal Permit for failure to complv with the RCW Management provisions thereof. 3. The eB site anti e!f site mitigatioo for the Red Ceckaeled WeeBpeekers ana tHeir feregmg haBitat is as fellews: a. Theft! are an agreea liJleB 19l1 acres ef saitaBle Red Ceckaded Weeapeeker feragiBg l1.aBitat eB site (see Blffii'oit "B") ana tlle f.pfllieant's off site mitigatioH shall 'oe limitea te aR acre fer acre phasea eff site plifeflase aRa eOH';cyanee ef mitigatieB prepeFty er pa)'fBeRt ef meBey as set fertl1. llereiIr. i) The ,'.pplieant shall ae(juire aRa eell".'ey eH an aore fer aere Basis, sliitaele Rea Ceelcadea WeeBpecker l1.a'oitat, slHljeet to eeHditiell5 aRa eriteria statea in ptH'agffifll1. 5.a.threagh5.f. Saitahlehahitat shtHl Be detel'lRiBed BY tHe Depar'..meBt of CeFBImmity ,'.!fairs with. ReeelRffieHdat-iens 8)' the Flerida Game and Fresh Water Fisl1. Ce!BHlissien. ii) L\s an a1temati>/e ta the .^4lfllieaat's d-ireet ae(jwsitieB ef mitigatieB property as set fe!'tl1.heFeiB, tHe ,'41plicaRt shalll1.li'/e tHe alteFBativt! efpay'.Bg fer the acqaisitieB erRea Ceel<8dea Vi eeBpeeker i1aBitat en a phll5ea Bll5is pursaant te this ptH'agrElflh. IB tHe e'/ent Seathwest , Fleriaa RegieBtH Plar.BiBg CeliBeil, etHer ge'/emmeBtal ageney, state er aational conservatien erganizatieH ideBtifies and eBtaias er has tbe right te e'otaiR a large eeBligaeas acreage fer wildlife preteetien aRd mllRagemeRt ana whiel1. meets tHe cr-iter-ia set fertl1. herem, AJlIllioaRt sl1.alll1.ave the altemative (eB a phasea 'oasis as set forth herdB, er liJleH a siRgle paymeRt Basis) te pay te saia ageBCY er erganizatieB fer its reE]aifed mitigatieB. The llFBe\iRt ef saia paymt!Bt shall Be e(jaal te tl1.e B\ilRBer ef acres 'oeiHg mitigated makiplied BY the eest ef the laBa OB a per acre Basis. Flerida Game aHa Fresl1. Water Fish CemmissieB will aetively and ellpedi~ie\iSly assist iB the lecatieB ef mitigatieB jlreperty l1.iel1. meets tHe eriteria set fllrtRhereiB. Saia prepeFty sl1.all Ret be immeaiately aajaeeRt te develepmeRt areas er iB areas speeified iB leetH geyemmeHt eelRflreheFIsiv6 plans for arBaa develepment. Saia prepcrties sl1.all Be witHiH the Seathwest Fledda RegioH81 Plan:1iBg Ceooeil area, Bat Beea Bet Be witHiH Cellier Celll1ty. Underlined text is added; ~Ireek IRreegR text is deleted. City Gate / DOA-PL2010-843 Rev. 11/09/1 0 Page 4 of9 4. If paragrltfll1. 3.a.(i) is atilized, tHe preperty sl1.ltIl Be eOR\'eyed te the eRtily with respeRsi'oility for tHe maRaged lHea. The preperty shall Be reserved iR perpetuity iR its predemiRantly aatmal and eltistiRg cORditieR with apprepriate maRagemeRt to iRslil'e the contiBlied 8llistooce of saitaBle Red Ceekaded W oadpeolter l1.aBitat. CeRyeyaRee ma)' eocm iR Pl1.ases as set forth l1.ereiR. Prier te tHe eORyeYaRee af aRY preperty, tl1.e projlerty shall Be deemed aeeeptaBle 'oy the DejlartmeBt af CemmaRity Affairs, who may seek the advice af af'prepriate eRviFeRmeRtal ageReies as te the aceeptaBility af the prepert)' iR E1liElstioR. 5. The pl1.ase mitigatioR 8Jlpreael1. fer tHe prej eet's impoots aR Red Cllekaded Weeapeekers aRd Red Ceekaded Woadpecker haBitat is aeeeptaBle, sliBjeet te tl1.e follewiRg eaaditillRs and eriteria: a ,^.ll the mitigatioR property shttll Be oaRtigueas aRd tHere shall 'oe aR aeeeptahle metHed far tHe phased ae'lllisitiaR oftl1.e prejlerty. Aceeptaele methed sl1.ttllmeliB a legally emoFecaBle Fight to eBtaiR the preperty BY the ItflplieaBt OR a pl1.ased Basis. B. l.t the time of the appreval ef the mitigatioR preperty, Red eeekaded Weedjlecl,ers sl1.all 'oe RcstiRg or fafagiRg OR tHe mitigatieR preperty, er the preperty will Be otHerwise decmed ooeeptable '0'1 DC^.. a. The mitigatioR property shttll 'oe immediately adjaaeRt to er iR slese preltimity te eJlistiRg laRds eWfled ar _aged BY a paBlie tlgeHay er eVffled or maRaged BY a ceRservatieR ergaRizatieR fer the preteetiaR ef ".vildlife, or witHiH aR area deGigRated for pli'olie aeElmsition as 'Nildlife haBitat fer whiel1. puhlio fuBdiRg l1.as Ret seeR cOH\IRitted. d. The mitigatien preperty shall Be deedad to tHe eRtity eYlfliBg the saBligoollS er adjaeeRt '.vildlife l1.aBitat er to 8R8tHer eBtity apJlls';ed By DC^. anti tile SeatHwest FloFiela RegiaRal PlanniRg CO\ineil and will 'oe deed restricted fer prcservatieR iR perperuity as a '.vildlife l1.aBitat. e. Cenveyanees er paymeBts shall 'oe fer at least 25 aere iHeremeBts, wfleroopoH a aeHespoRdiRg ameaRt ef saitaBle Red Ceel<aded Waedpesker ha'oitat east eftHe pll'.verliRe easemeRt iR the respeetive PhaGe shttll 'oe released fer develepmeRt pUt'flases. Na releases sflttll seclil' within Phase Twe \intil all suitaBle R",d Ceel<aded Weeapesker haBitat '~.1thiB Phase Oae l1.as 'oeeR released. De';elopmeRt ef liIlSaitaBle Red Ceelffilied Weeapeeller haBitat IlIRds ma,! eeeur simli!taBeellSly \vith developmeRt ef atljeifliBg released Red Coelmded Weoapeelter llaBitat witlliB sool1. reSJleetive Pl1.ase. 1'1 e releases sl1.all eeaar withiR Pl1.ase Three (Stage II) aRti! the re'lmremeRts ef paragrapl1. Ii l1.orsefl1.ave 'oeeR met. Pl1.aGe Three (Stage II) shall be the Red Coekaded Waedf'eeller preserve as the SlUHe may be medified !fom time te time as pr-oyidod her-eiR. Tl1.e Phases are depieted eR gld11Bit "N' attaehed herete. f IR the eveHt tl1.at tHe Red Cockaded Weselpeekcrs totally aBaadoR the Citygate site fer a penoe eftYte years, applieant agrees ta tetally mitigate its Underlined text is added; Strod, througR text is deleted. City Gate / DOA-PL2010-843 Rev. 11/09/1 0 Page 5 of9 impaets by ooEjliir'.Bg the remffiBder efthe mitigatieR prepeFty p\ifS\ilIBt te this agreemeRt at tHat time. UpeR acqliisitieR eftile lernaintler eftlle mitigatieR prepefty, the satire remaiRaer ef tHe project, iflellidiag the 72 aere presef'l'e area, 'Mil Be availaBle fer develepmeRt. IR the eveRt tflat eRe eftHe two plifJleFted eeleHies aBaHdeRS tHe site fer a peried eftwll yoars, awlie8fit agrees te have a !j\I8l.iiied Bielllgist re anttlyze the haBitat lise patterns and Reeds ef tHe remaifliRg celeRY liSing a lBethllelelegy reaseRa'oly aeceptaBle te the Game aRd Freshwater FisH CemmissieR. That peFtieR eftbe 72 aeres eatside tHis area sball Be released fer develepmeRt apeR aeqaisitieR ef an equal acreage ef mitigatieR prepefty. a. THere are twe Stages te the eff site miagatieR pregrarn, Stage I (Phase I & II east of pewefiifle ceRtainiBg a total ef appreltimately lall aeres) ellBtaiRs 129.5 aeres ef sliitable Red Ceekaded Weedpecker Ha'oitat Illeated east efthe pe'.verliHe easemeBt Bat eatside ehae Red Ceekaded Weedpeeker pFeserve BeliRdary, aHd Stage II eeRstitates tHe 72 acres withiR ilie Red Ceckaded Weedpecker preserve BelolRdary (all.S aeres ef SllitaBle Red CeelE8ded Weedj'leeker Ha'oitat) shevm eR Map H attaeHeel te tHis De'ielepmeBt Order. ~Ie eff site mitigatieR sHall 'oe a1lewed fer er develepmeBt eeelil' withiR S:tage II lIfttil aRd liRless, all Red Ceel<tlded WeeBpeekers Have aB8Hdefled all ea'lit). trees eR site f-or twe years er mere as demoRstrated BY tHe ar.Bll8i SlirY8)'S specified hereiR ellcept as previded in PlIft1gFllpH H. Herellf. 7. The reqairemeRts fer eff site mitiglltieR are ill additieR te 81TY reqliiremeRts ef the City Gate Red Ceckaded Weedj'leelcer MaRagemeBt Plan descril3ed belew. 8. Prier to issuaaee ef eeastxueaeB 13eFfllits fer reaEls, vlater aRe se~.vef f-aT aB approved developmeBt Phase eftHe Citygate prejeet, a Red Ceckaded Weedpeeker RCW) slirvey litiliziRg previelisly appreved methodelegy will 'oe eefldlieted te iRs\ife that RCW s HIPo'e Ret estaBliSHed Rest ewlit-ies iH the develepmeBt area. The S\ifvey shall eeelir withiR a9 days efthe start ef develepmeRt aetivities and if it is detel'lRiRed tHat RCW Rest ea'lities have BeeR estaBlished iR tHe eeRstmetieR area, awrepriate medifieatieFlS sflall be made te tHe RCW MlIR8gemeRt Plan. d. Red Ceekaded WeeBpeelcer MaRagemeBt PlaH. I. l\.-.Blial RC'N sllfveys, litiliziRg the pre'iielisly appreved lBetHedelegy, ',viII Be mdertakeR liRtil 5 five years after aRal build eat ef tHe Citygate preject, 'Nith reslilts efthe aflBlial RCW sllfYeys te Be reperted te Game aHd FiSH CelBlBissieR GFC), U.S. fiSH aRd \l.'ildlife Serviee (USFWS), SWFRPC, and Cellier CeliRty witiliR 30 days ef survey eempletieR. 2. Prepesals te medify tile Citygate R.cW MaRagemeRt Plan, iReeFperated hcreiR BY refereRee, may Be s$lBitted at any time. S:lieH prepesals shall Be stIjlperted by a ClineRt sllfvey ef eR site RCW Restiag aRd feragiRg pattems, and sueH additieflal iafermatieR as is reqliired te cvalliate the prepesed MaRagemeRt PlaR modifieatieR. UpeR detel'lRiRatieR tflreligk tHe aBlllial RC'N slirveys tHat the Underlined text is added; Struel, threegR text is deleted. City Gate / DOA-PL2010-843 Rev. 11/09/1 0 Page 6 of9 OR site eeleRies in aftY area seught t8 se FeHlo"/ea foom tlle H.c',V }3feserve B&\'e BecR aeBRdoaed far at least twe years, aad aay reqaired aff site mitigatioa is BeiRg 6saeliHeBtly previded, E!j3prepriate ffisdifieatiea te tke R-CW Managcmeat PlaH skall 'oe E!j3preved aRe skall Bat Be eeasidered a saBstaRtial deviatioa siaee tHe impacts tHcreaf are BeiRg mitigated eeaeaffcBt therewitH. 3. Melal8\i€Il anti other ell~e vegetatisa ...<ithin tlle RCW JlfeseFve area and elsewlwre ea tHe Citygate site will 'oe eflldicated after appfe':a1 ef the pre posed remo'/al BY tHe FGFWFC, tHus nigniiieaHtly enbaBeffig tHe qlill!ity ofRCW forage area OR site. 4. Blleessiye mder.grewth \viIl Be eeBtrolled By bliJ'ffing aml/or By liSe of meehanieal e<jWpmeat if detefHlined BY the FGFWFC te Bet otherwise' eeamet witH tke protectiea ef the R-CW haBitat ea site. 5. PiRe trees fla'.iBg a Diameter Breast I leigllt (DBIl)) ef ll' or mere, leeat~a oatside the RCW jlFeS8f"18 (Phase III) 'olit witi-liH tlle FeqWed)'BftI and OOlfet areas in the lemaiBEler oftl1.a site, will Be eonserfed ta J3fI3'I'ide aEld-itienal RCv.' fufllge areas. Bast eftHe FP&L easemeBt iB tIl.e vieinity efthe RCv.' pFeSllf'/e areas identified eR tHe Master PlaR the miillmIlIR pareel sizes are ta 'oe 2 !I6RlS; miBiImim yard reEjlliFomeRts are froRt 50', rear 59', side 25'; BStmere tHan 2Q!lfo oftl1.ase reEtUiree yard5 maYBe deo'.'6ted te vahielilar aa','oo aOO JlIlF\eng spooes; at least 39% ef eael1. d8','elapmeat site mast be deveted ta aatuFal and!er instaIIcd landseape areas. 6. Unrelcased lands within Stage I aBd Stage H may 'oe atilized for limitee reereatieaal plifJloaes sooIl as '.'1a1kways, jeggiBg tmils, aOO etHer passP:e recFeatianal fueilities, sa long as d-ist\ir'oaaee ef natP.<e yegetatiea is minimal anti tile aetivitics avoid aH afea eaeolRflasaiBg a 200 foot radilis areliad eaell aest tree. UBdergroliBd atilities 8ftd Sliffaee drainage swales may areas the \iflFeleased lands '.vithiB Stage I pFBvieed that they are iRstalled e\itside ef 8ft area eensliMiflg a 200' radilis Il1'8IIfld eael1. aeti':e Best tree and are deaigned te have miBirnal impaet. UHtiergfeliad '.Iti!ities and surfuee drainage swales may cress the lIIlFeleasad laRds within Stage H pF8'lided tHat they are installed oatside of 8ft area ceBstitliting a 299' radffis araooe eooil aeti-ve Best tree, are designed to have a minimal impaet, and furtller pre,.~ded tl1.at Sl:llfaee draiaage S\vale leeatioRs Be E!j3preved BY tke DepartlRcat ef Cemmunity f.ffairs. It is liadefstead tHere may'oe a reEkletiea iB foragiBg trees witkin the illlfoleased afea as a reslllt of tHese activities, 'oat the SIlF8ll shall Be miBimized to tl1.a mlllBmlim 8lffeat fJRlClieaele. 7. Tke pFeserve area shttll Be pentea with nigas ,...niek iad-ieate tHat it is 8ft RCW pres6FVll aRd tkat dismrBanee ef tke Birds is prekiBited and aalawful. SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19)(e)2., Florida Statutes. Underlined lext is added; Struek thraegR lexl is deleted. City Gate / DOA-PL2010-843 Rev. 11109/10 Page 7 of9 The applicant submitted to the County notice as required by Section 380.06(19)(e)2. which provides "This Subsection does not require the filing of a notice of proposed change but shall require an application to the local government to amend the Development Order...." C. A review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments. D. The development is not in an area designated an Area of Critical State concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. E. The proposed changes to the previously approved Development Order fall within Subsection 380.06(19)(e)2.h, Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06(19)(e)2.h, Florida Statutes. The proposed changes are required to conform with federal permits. B. The proposed changes to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. E. The proposed changes do not constitute a substantial deviation pursuant to Section 380.06(19)(e)1. and Section 380.06(19)(e)2.h., Florida Statutes, and therefore it is not subject to the public hearing requirements of 380.06(19)(t)3. and it is not subject to a determination pursuant to Section 380.06(19)(t)5. Underlined text is added; Stru.k tkFeugR text is deleted. City Gate / DOA-PL2010-843 Rev. 11/09/10 Page 80f9 SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 88-02, as previously amended, shall remain in full force and effect, binding in accordance with the terms on all parties thereto. B. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and favorable vote. (5-0) jh Done this ~dayofJJOHrd)ll ,2010. ATTEST: DWIGHTE~J,J~gS1~,gLERKIl ,. I...... I' "j..' i>' ..'" ".~.'- "t..',..... '. "" I-~~ I':; ;~:~~ ......\~~.. J;- . >', C,' "y\' By:' '.' .,,' 'V" " ; A~'''', , " . \, .~puty Clerk toI=<"~~),pj · BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JuL l,), C~~. FRED W. COYLE, Chairman By: Approved as to form and legal sufficiency: ACU 00 Heidi Ashton-Cicko Assistant County Attorney CP\ I O-CPs-O 1 033\28 Underlined text is added; ~truel, tRreegll text is deleted. City Gate / DOA-PLZOIO-843 Rev. 11/09110 Page 9 of9 HOLE. MONTES .ANC ASSOC.. INC. CONSULTING ENGINE::nS - LA'l/O SURVEYORS HMA F i I e No. 85. 23 9'30'85 Shee t 1 0 f 2 LEGAL OESCR I PT I ON The North half of Section 35, Township q9 South, Range 26 East, Collier County, Florida LESS the West 100.00 feet thereof for right-of-way purposes and LESS the following de.scribed parcels: A parcel of land being.ii"po-r-flon'of the' No-rthwe'~t-quarter-o"f--r- Section 35, Township 49 South, Range 25 East, Col I ier County, Florida. Seing more particularly described as fol lows: Commencing at the quarter Section corner, common to Sections 3q and 35, Township 49 South, Range 25 East, Col I ier County, Florida. Said quarter corner being marked with a 4" x .~ concrete monument having a 3-inch brass cap attached to the top thereof, with a 3/4-inch iron pipe: thence along the Section [Ine between said Sections 34'and 35, North 00029'15A West, 1,382.43 feet to a point on the centerline of the proposed Access Road No. 1 as shown on the State of FlorldaOepar.tment. of Transpol:tatlon Right-of-Way Map for State Road No. 93 (1-75) Sheet 8 of 10; thence along said centerline of the proposed Access Road NO.1 Nort~ 89031'01" East, 100.00 feet to a point on the East right-of-way line of a canal, said point also being on the ce~terllne of the proposed access road to the wa!~_r _~r~aJ~_e~"t_.._ .__._ . __ plant parcel; thence along said East canal -right-of-way line North 00029' 15" West, 50.00 feet to a 4" x q" concrete monument marking the Northwest corner of the proposed access road right-ot-way to the water treatment plant parcel: and belng the true POINT OF BECINNINC of the parcel to be herein described: thence along the North I ine of said access road right-of-wayNorth89031101" East. QS6.S1 feet to a 4/1 x 4" concrete monument marking the Intersection of said North right-of-way with the West boundary line of the water treatment plant parcel; thence alongsaidWestboundarylineNorth00047' 14"-'East,-"9"911.98 feet to an Iron rod on the Westerly right-at-way of a strip of land 170 feet in width for a Florida, Power & Light Ccmpany (FPSL) right-of-way. as described in Official Records Book 681, Page 1210, Collier County Records; thence along said Westerly_FP&L right-of-wayNorth31030'28" East, 70.02 feet to an iron rod; thence continuing along said Westerly FPSL right-of-way South S8D30LOJ/IEast, 761.56 feet to a II" x 4. concrete monument; thencecontl-nuing along said Westerly FP&L right-of-way South 000117"4". West, 1,065.70 feet to a lJ" x 4" concrete monument; thence continuing atong said Westerly FP&L right-of-way South OOO~7'14"West, 332.74 feet to an iron rod marking the intersection of saidWesterlyF?SL right-of-way with the South line of the North halfoftheSouthhalfoftheNorthwestquarterofSection35, Township 49 South. Range 26 East, Collier County, Florida: saidpointalsobeingtheSoutheastcorneroftheparcelbeinghereindescribed: thence along said South line of the North half of theSouthhalfoftheNorthwestquarterofSection35, South 89004'40" West, .690.82 feet to a 4" x 4/1 concrete monument: said 2 r,-.w Exi?ilti~';A~~~~~ . I II MA Fi Ie No. 85.23 9,30/115 Shee t 2 0 f 2 point being the Southwest corner of the parcel being hereindescribed: thence along the 'West boundary line of said parcelNorth0004711~A East, 553.80 feet to a IJA x .11M concrete monumentmarkingtheintersectionoftheWestboundaryofthewatertreatmentplantparcelwiththeSouthright-of-way of theproposedaccessroadtothewatertreatmentplantparcel: thencealongsaidSouthright-of-way South 89031101" West, .1154.28 feettoaqnX4" concrete monument marking the intersection of saidaccessroadSouthrlght-oi-way with the East right-or-way of acana'I-;' thence-a-long said 'c.ma I -.Eas t.r 19ht-of-way North 00029' l5nWest100.00 feet to the POINT OF BEGINNINC. AND A portion of the North half of Section 35, Township 49 South,Range 25 East; being described as follows: Begin on the South line of the North half of said Section 35, atapointNorth89000'01" East 100.00 feet from the SouthwestcorneroftheNorthhalfofsaidSection35, thence run North00029'15u West. t,3311.19 feet. thence South OQ021'08" East.296:92-feet.'thence'.South 02046'25".East;.750.5Q feet to-the----beginning of a curve concave to the Northeasterly having a radiusof33d.oo feet. thence run Southerly along said curve.2QO.58feet, through a central angle of 41001'2911 to the end of said _curve. thence South 43047'5q" East. 94.86 feet to the South lineof'.the North half of said Section 35. thence South -89000'0,.-----. .._.......West. 206.27 feu to the POINT OF BEGINNING~ . AND A portion of the North half of Section 35. Township 49 South.Range 26 East; being described as follows: Begin on the South line of the North half of said SectIon 35, atapointNorth89000'01" East, 305.27, feet from.the Southwest.corner of the North half of said Section 35, thence run North "43047'5411 West, 94.86 feet to the begInning of a curve concave totheNortheasterlyhavingaradiusof336.00 feet, thence runNorthwesterlyalongsaidcurve240.58 feet through a centralangleof41001'29u to the end of said curve, thence North02046'25" West. 750.60 feet. thence North 04021'08" West. 296.92feet, thence North 00029"5" West. 85.00 feet, thence North89~31'O~" East. 64.42 feet, thence South 011021'08" East. 378.311feet, thence South 02046'25" East, 751.5& feet. to the beginnIngofacU~e concave to the Northeasterly having a radius of 265.00feet, thence run Southeasterly along said curve 190.45 feet.through a central angle of 41001129u to the end of said curve,thence South 4]0'1'54" East. 159.68 feet to the South line of theNorthhalfofsaidSection35. thence South 89000'01" West, 95.40feettothePOINTOFBEGINNING. COntaining 287.187 acres. more or less. 3 H 0 L E. M 0 N T E S Be ASS.O C I ATE S. I N C . ie:1;1::i~~~~~~~~~.~. '. . s' . '&' zi:..... '. _. .i'~:c"~~~:..::..:.....":;1 17C DEVELOPMENT ORDER 2000 - 0 2 RESOLUTION NO. :)000-151 A RESOLUTION AMENDING DEVELOPMENT ORDER 88- 02, AS AMENDED, OF THE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT (DRI), BY PROVIDING FOR: SECTION ONE A, AMENDING THE PHASING SCHEDULE BY REFERENCE TO APPLICATION FOR DEVELOPMENT APPROVAL; SECTION ONE B, AMENDING OTHER SECTIONS WITHIN THE DEVELOPMENT ORDER RELATING TO THE REQUIRED DATE FOR COMMENCEMENT OF CONSTRUCTION AND TERMINA TION DATE FOR THE PROJECT, PERIOD OF TIME A1\iTI EXEMPT FROM DOWN ZONING; SECTION TWO, FINIDNGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSL Y ISSUED DEVELOPEMNT ORDER, TRANSMITT AL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 88-02, as amended, (the Development Order) on December 13, 1988, which approved a Development of Regional Impact (DRI) known as Citygate Commerce Park Development Order; and WHEREAS, as a result of an appeal, a Settlement Agreement between Collier County and the Department of Community Affairs resulted in an effective approval date of October 29, 1990, which is deemed to be the beginning date for the five-year period within which the Development Order indicates physical development of the project must commence; and WHEREAS, the ADA provided for five three-year phases for a total of 15 years for buildout with the first phase being three years from the date the appeal was dismissed which would be October 29, 1993, with the last phase being October 29, 2005; and WHEREAS, on February 21, 1995, the Board of County Commissioners approved Development Order 95-02, Resolution No. 95-143 which had the effect of extending all yearly target dates by five (5) years, less one day, and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and Words straek thrBllgh are deleted; words underlined are added. 1- 17C WHEREAS, the owners of the DRI property desire to extend the date by which significant physical development is to begin, the project buildout date and phasing schedule by an additional five (5) years less one day; and WHEREAS, William R. Vines, of Vines and Associates, representing Richard K. Bennett, Trustee, Nations Bank Land Trust No. 5360, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on May 23, 2000. WHEREAS, on ~ o~.~.,& , 2000, the Board of County Commissioners, at a public heating in accordance with Section 380.06, Florida Statutes, having considered application and notice of proposed changes to the Citygate Commerce Park Development Order 88-02, as amended, and the record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission; and report and recommendation of the Collier County Planning Commission; the report and recommendation of the Collier County Planning Staff and Advisory Boards; the report and recommendations of the Southwest Florida Regional Planning Council, the Board of County Commissioners of Collier County hereby approves the following Citygate Commerce Park Development Order amendments. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. Section 9.c of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase I October 28, 1998 27, 2002, Phase II October 28, 299! 27, 2005, Phase III October 28, 299~. 27, 2007, Phase IV October r~r~ 27, 2012, shall beoe .~nc~-~ 27, 2010, Phase V October incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional impacts, are not carried out to the extent or in accordance with the timing schedule specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue.Words stpac',: tk~cughare deleted; words underlined are added.2- The Citygate project contains 209 acres of building sites, exclusive of streets, lakes, and other non building site areas. Until the wetland jurisdiction lines and the Red-Cockaded Woodpecker Management Plan have been refreshed, any necessary Master Plan and/or PUD modifications made, a complete new TIS prepared, and a new DOA approved, development, i.e., building permit issuance, shall be limited to 15% of the Project site acres, which is 31.35 site acres. The 31.35 acre maximum development area shall be located west of the FPL easement, except for the area east of the FPL easement in which there are no jurisdictional wetlands and in which no Red Cockaded Woodpecker nesting or foraging area has been established. Water management facilities to accommodate the initial development area may occur east of the FPL easement, as provided for in SECTION ONE: Paragraph 4.c. of Development Order 90-4. B. Paragraph 3 of an untitled Section (Page 12) of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within t-~q-6JA~ twelve (12) years from the date of final approval of the Development Order, development approval shall terminate, and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on October 28, 20!2 27, 2014. C. Paragraph 4 of an untitled Section (Page 12) of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: Pursuant to Section 380.06 (15)( c ) 3, Florida Statutes (!997 1999), this project is exempt from down zoning or intensity or density reduction for a period of ~ fourteen (14) years from the date of adoption of the Development Order, subject to the conditions and limitations of that section of the Florida Statutes, provided that physical development commences within ~ twelve (12) years as provided in Section 3 hereof. SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. C. The application is in accordance with Section 380.06(19), Florida Statutes. The applicant submitted to the County a Notice of Change to previously approved DRI known as Exhibit B, and by reference made a part hereof. Words ~.,,~r ,~ .....~' are deleted; words underlined are added. 3- D. The applicant proposes the development of Citygate Commerce Park on 287.187 acres of land for a commercial development described in Development Order 88-02, as amended. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. F. The development is not in an area designated an Area of Critical State concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. G. The proposed changes to the previously approved Development Order fall within the parameters for extensions ofbuildout pursuant to Subsection 380-06(19)( e)2., Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order amendment includes operations described in the Notice of Change to a previously approved DRI, Exhibit B, attached hereto and by references made a part hereof. B. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC. C. The proposed changes to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. F. The proposed changes do not constitute a substantial deviation pursuant to Subsection 380.06(19) (e)2., Florida Statutes, and therefore a public hearing thereon is not required. SECTION FOUR: A. Except as amended hereby, Development Order 88-02 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. Words r, tracl~z tbzcugh are deleted; words underlined are added. 4- B. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~t,~ay of % O~ , 2000. f Attest as to Chairman's signature' onl,y. ATTEST:". ~ DWIGHT E.7 BROCK, Clerk Approved as to Form and Legal Sufficiency BOARD OF COUNTY COMMISSIONERS COLLI~-~, TY, FL~)RIDA TIM~)~Y J. COi~rANTI~, CHAIRMAN Marjo~i}e M. Student Assistant County Attorney g/admin/DOA-88-02/RN/im Words 2,tp,:,~l,: tF~augh are deleted; words underlined are added. 5- 170 HOLE. MONTES 'AND ASSOC., INC. CONSULTING ENGINEERS-- LANO SURVEYORS HMA Fi[e No. 85.23 9/30185 Sheet 1 of 2 LEGAL DESCR1PT10N The North half of Section 35, Township q9 South, Range 26 East, Collier County, Florida LESS the West 100.00 feet thereof for right-of-way purposes and LESS the following described parcels: A parcel of land being ~-portion of the' No'rthwe's~-quar~er of Section 35, Township 49 South, Range 26 East, Coil ier County, Florida. Being more particularly described as fol lows: Corrrnencing at the quarter Section corner, co.,~on to Sections 3'4 and 35, Township 49 South, Range 26 East, Coil ier County, Florida. Said quarter corner being marked with a 4" x 4" concrete monument having a 3-inch brass cap attached to the top thereof, with a 3/4-inch iron pipe; thence along the Section line between said Sections 34'and 35, North 00°29'15" West, 1,382.43 feet to a point on the centerline of the proposed Access Road No. 1 as shown on the State of Florida Depar_tment of Transpor_tation Right-of-Way Map for State Road No. 93 (I-75) Sheet 8 of I0; thence along said centerline of the proposed Access Road No. 1 North 89°31'01" East, 100.00 feet to a point on the East right-of-way line of a canal, said point also being on the centerline of the proposed access road to the water treatment plant parcel; thence along said East canal right~o'f~a~ "Jin~ North 00°29~15" West, 50.00 feet to a 4" x 4" concrete monument marking the Northwest corner of the proposed access road right-of-way to the water treatment plant parcel; and being the true POINT OF BEGINNING of the parcel to be herein described; thence along the North line of said access road right-of-way North 89°31'01" East, 456.51 feet to a Lt" x 4" concrete monument marking the intersection of said North right-of-way with the West boundary line of the water treatment plant parcel; thence along said West boundary line North 00°47'14"--East,"994.98 feet to an iron rod on the Westerly right-of-way of a strip of land 170 feet in width for a Florida, Power & Light Company (FP&L) right-of-way. as described in Official Records Book 681, Page 1210, Collier County Records; thence along said Westerly. FP&L right-of-way North 31030'28" East, 70.02 feet to an iron rod; thence continuing along said Westerly FP&L right-of-way South 58°30~03" East, 761.56 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FP&L right-of-way South 00°47'14"' West, 1,066.70 feet to a 4" x 4" concrete monument; thence continuing ai'ong said Westerly FP&L right-of-way South 00°47'14" West, 332.74 feet to an iron rod marking the intersection of said Westerly FP&L right-of-way with the South line of the North half of the South half of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Col lief County, Florida; said point also being the Southeast corner of the parcel being herein described; thence along said South line of the North half of the South half of the Northwest quarter of Section 35, South 89004'40" West, 690.82 feet to a 4" x 4" concrete monument; said 2 HMA File No. 85.23 9/30/86 Sheet 2 of 2 point being the Southwest corner of the parcel being herein described; thence along the'West boundary line of said parcel North 00°47'14" East, 653.80 feet to a 4" x 4" concrete monument marking the intersection of the West boundary of the water treatment plant parcel with the South right-of-way of the proposed access road to the water treatment plant parcel; thence along said South right-of-way South 89°31'01" West, 454.28 feet to a 4" x q" concrete monument marking the intersection of said access road South right-of-way with the East right-of-way of a canal;' thence-along said canal-East right-of-way North 00°29'1.5" West 100.00 feet to the POINT OF BEGiNNiNG. AND A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: Begin on the South line of the North half of said Section 35, at a point North 89°00'01" East 100.00 feet from the Southwest corner of the North half of said Section 35, thence run North 00°29'15'~ West, 1,334.19 feet, thence South 04021'08" East, 296."92-feet,-thence South 02046' 25" East;' 750.60 feet to-the .... beginning of a curve concave to the Northeasterly having a radius of 331~.00 feet, thence run Southerly along said curve 240.58 feet, through a central angle of 41001'29" to the end of said curve, thence South 43°47~54" East, 94.86 feet to the South line of'the North half of said Section 35, thence South 89°00'01" West, 206.27 feet to the POINT OF BEGINNING. AND A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: Begin on the South line of the North half of said Section 35, at a point North 89°00'01" East, 306.27 feet from the Southwest corner of the North half of said Section 35, thence run North .. 43047'54" West, 94.86 feet to the beginning of a curve concave to ' the Northeasterly having a radius of 336.00 feet, thence run Northwesterly along said curve 240.58 feet through a central angle of 41°01'29" to the end of said curve, thence North 02°46'25" West, 750.60 feet, thence North 04021'08" West, 296.92 feet, thence North 00°29'15" West, 85.00 feet, thence North 89°31'01." East, 64.42 feet, thence South 04021'08" East, 378.34 feet, thence South 02°46'25" East, 751.56 feet, to the beginning of a curve concave to the Northeasterly having a radius of 266.00 feet, thence run Southeasterly along said curve 190.46 feet, through a central angle of 41001,29,, to the end of said curve, thence South 43°47~54" East, 159.68 feet to the South line of the North half of said Section 35, thence South 89°00~01" West, 95.40 feet to the POINT OF BEGINNING. Containing 287.187 acres, more or less. HOLE. MONTES & ASS'OClATES, INC. STATE OF FLORIDA DEPARTMENT OF COMMIJNITY AFFAIRS DMSION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (Dill) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previ- ously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. representative of L.&~O~ '~o ~,~ developer) previously approved Development of Regional Impact in accordance with Subsection 1'4~'5, the undersigned owner/authorized hereby give notice of a proposed change to a 380.06(19), Florida Statutes. In support thereof, I submit the following information concermng the ~__ t ~ ~1~ ~ ~."['-~-- development, which original & current project names) information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copiesofthiscompletednotificationto C__~t...L., I~ ~ ~ 0 I~,~i.~ local government) to the,~oo'r~-W'~'r '~.~,. Regional Planning Council, and to the Bureau of Local Planning, Depamnent of Commumty Affairs. Date EXHIBIT B" NOPC FORM 3. 4. 5. o Applicant(name, address, phone). l~t?.~.a,,~l:~ ~, ~"~;~k.~'V"l", 'Y"~! Au~od~Agent (~e, ~. ~ ~~, ~. ~%to~ q~l'~i),7~one). ovide a complete description of~e p~sed ch~ge. ~clude ~y proud c~g~ to ~e plan of develop~nL p~mg, a~fio~ ~, co~ence~nt ~, b~d~m ~, development order con~fio~ ~d ~menm, or m &e ~pmenmfio~ con~ M ei~ &e ~velopment order or eApp~onforDevelop~ntA~v~. ~ ~~ c~ ~ Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional inforotation may be requested by the Department or any reviewing agency to clarify the natm'e of the change or the resulting impacts. i~//aN Complete the attached Substantial Deviation Deterraination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifi- cations or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any informa- tion not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? /-k'l"'l" ~--'~/~ Describe any lands purchased or optioned within I/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within 1/2 mile on a project master site plan or other map. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any ofthe criteria listed in Paragraph 380.06(19)(b), Florida Statutes. i1~_...' ~.~0~//~ Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO }~ 10.Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. NOPC FORM 170 11. 12. 13. Will the proposed change require an amendment to the local government comprehensive plan? NtO Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J-2.025, Florida Administrative Code: An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and qmify: Go eo fo All proposed specific changes to the nature, phasing, and build-out date of the develop- ment; to development order conditions and requirements; to commitments and representa- tions in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to smactures or to other improvements including locations, square footage, number of units: and other major characteristics or components of the propos. ed c_h~ge; An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of developme. nt; A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; ~: "U"~ ,~ ~-.--d-k-~ ~ A proposed amended development order termination date that reasonably reflects the time required to complete the development; A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, dapplicable; and Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. NOPC FORM SUBSTANTIAL DEVIATION DETERMINATION CHART 17C NOPC FORM NOPC FORM l?C NOPC FORM 6 NOPC FORM 7 J NOPC FORM 17C z 9 NOPC FORM NOPC FORM 1o 17C ATTACHMENT FOR THE CITYGATE N.O.P.C. o The sole change proposed is to extend the life of the D.O. by two years, less one day, together with appropriate adjustments to the phase dates and other time related requirements within the D.O. The Citygate D.O. was originally adopted 12-13-88 via D.O. 88-2. That D.O. was appealed by DCA. The appeal was resolved on 8-20-90 via adoption of D.O. 90-4.The tolling date was subsequently deemed to be 10-29-90. The D.O. mandated development initiation within five years from the tolling date. On 2-21-95, D.O. 95-2 was adopted, extending the mandatory development initiation date by five years less one day, to 10-28-00, together with corresponding extensions of the development phase dates and other time related requirements within the D.O. There has been no change in local government jurisdiction since adoption of the last D.O. 10. The following phase dates and buildout date changes are proposed: Phase I Phase II Phase III Phase IV Phase V PHASE END DATES 10-28-1998 10-28-2001 10-28-2004 10-27-2007 10-27-2010 10-27-2002 10-27-2005 10-27-2007 10-27-2010 10-27-2012 DEVELOPMENT ORDER TERMINATION DATE C_U_.BE~.~ PROPOSED 10-28-2012 10-27-2014 13.a.Section 9.c of Development Order 88-2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: c. The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase I October~ ~, Phase II October-z~8--,z-3ee-l-27, 2005, Phase III October~ 27.2007, Phase IV October ~ 27. 2010 Phase V October ~ 27.2012, shall Words underlined are additions; Words ~ are deletions 170 be incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional impacts, are not carded out to the extent or in accordance with the timing schedule specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. 13.c.Paragraph 3 of an untitled Section (Page 12) of Development Order 88- 2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: 3. This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within teft-(4~ ~eJY.¢_(.~ years from the date of final approval of the Development Order, development approval shall terminate, and this Development Order shall no longer be effective. For purposes of this requirement ~significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on October~ 27.2014. 13.d. See 13.c. above. 13.e.Paragraph 4. of an untitled Section (Page 12) of Development Order 88-2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: 4. Pursuant to Section 380.06 (15) (c) 3, Florida Statutes (~38-7 1999), this project is exempt from down zoning or intensity or density reduction for a period of seven--(-7-) fourteen (14) years from the date of adoption of the Development Order subject to the conditions and limitations of that Section of the Florida Statutes, provided that physical development commences within ¢we-(5) tw..eJy.e..~ years as provided in Section 3 hereof. Words ~ are additions; Words s~'t~-k-thf'ot~ are deletions. May 26, 2000 Mr. Steve Atkins, Planner State of Florida Department of Community Affairs Development of Regional Impact Section Bureau of Land and Water Management 2740 Centerview Drive Tallahassee, FL 32399 Re:Development Order 2000-02/Resolution 2000-151, Citygate Commerce Park Dear Mr. Arkins: Transmitted herewith is a certified copy of the above- referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, May 23, 2000. Very truly yours, DWIGHT E. BROCK, CLERK Karen Schoch, Deputy Clerk Enclosure 17C May 26, 2000 Mr. Daniel Trescott DRI Coordinator SWFRPC P.O. Box 3455 North Fort Myers, FL 33918-3455 Re: Resolution 2000-151/Development Order 2000-02 Dear Mr. Trescott: Transmitted herewith is a certified copy of the above-referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, May 23, 2000. Very truly yours, DWIGHT E. BROCK, CLERK Karen Schoch, Deputy Clerk Enclosure 8 A 1 DEVELOPMENT ORDER 95- 2 RESOLUTION NUMBER 95-~ A RESOLUTION AMENDING DEVELOPMENT ORDER 88-02, AS AMENDED, OF THE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT (DRI) , BY PROVIDING FOR: SECTION ONE A, AMENDING THE PHASING SCHEDULE BY REFERENCE TO APPLICATION FOR DEVELOPMENT APPROVAL; SECTION ONE B, AMENDING OTHER SECTIONS WITHIN THE DEVELOPMENT ORDER RELATING TO THE REQUIRED DATE FOR COMMENCEMENT OF CONSTRUCTION AND TERMINATION DATE FOR THE PROJECT, PERIOD OF TIME AND EXEMPT FROM DOWN ZONING; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 88-02, as amended, (the Development Order) on December 13, 1988, which approved a Development of Regional Impact (ORI) known as citygate Commerce Park Development Order; and WHEREAS, as a result of an appeal, a Settlement Agreement between Collier County and the Department of Community Affairs resulted in an effective approval date of October 29, 1990, which is deemed to be the beginning date for the five-year period within which the Development Order indicates physical development of the project must commence; and WHEREAS, the ADA provided for five three-year phases for a total of 15 years for buildout with the first phase being three years from the date the appeal was dismissed which would be October 29, 1993, with the last phase being October 29, 2005; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "All to the Develop- ment Order; and WHEREAS, the owners of the DR! property desire to extend the date by which significant physical development is to begin, the project buildout date and phasing schedule by five (5) years less one day; and WHEREAS, William R. Vines, of Vines and Associates, representing Richard K. Bennett, Trustee, NationsBank Land Trust #5360, petitioned Words underlined are additions; Words struc]( tflre~~fl are deletions. 1- t"~.~,...,-' 8 A 1 the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on 1992-; andJanuat'v 19 WHEREAS, the Board of County commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Commission and held a public hearing on the petition on Febcllaz::'Y 71 1995-; NOW,be it resal ved by the Board of CountyTHEREFORE, Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. section 9.c of Development Order 88-02, as amended, for the citygate Commerce Park is hereby amended to read as follows: c. The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase 1 ~ October 28. 1998, Phase II H9-=1- October 28. 2001, Phase III ~ October 28. 2004, Phase IV ~ October 28. 2007, Phase V October 28. 2010, shall be incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional inpacts, are not carried out to the extent or in accordance with the timing scheduled specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. B. Paragraph 3 of an untitled Section (Page 12) of Development Order 88-02, as amended, for the Ci tygate Commerce Park is hereby amended to read as follows: 3. This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within f4..y.e -t5+ ten (10) years from the date of final approval of the Development Order, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on geeemeer 31, 2007, October 28. 2012. C. Paragraph 4 of an untitled section (Page 12) of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: Words underlined are additions; Words atrucJr tRreU~R are deletions. 8 A 1 4. Pursuant to section 380.06(15) (c)3, Florida Statutes 1987), this project is exempt from down zoning or intensity or density reduction for a period of 5eYefl -tft twelve (12) years from the date of adoption of the Development Order, subject to the conditions and limitations of that section of the Florida statutes, provided that physical development commences within Hve f5t ten (10l years as provided in section 3 hereof. SECTION TWO: FINDINGS OF FACT A. That the real property which is the sUbject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with section 380.06(19), Florida Statutes. C. The applicant submitted to the County a Notice of Change to Previously Approved DRI known as Exhibit B, and by reference made a part hereof. D. The applicant proposes the development of citygate Commerce Park on 287.187 acres of land for a commercial development described in Development Order 88-02, as amended. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. F. The development is not in an area designated an Area of Critical state concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. G. The proposed changes to the previously approved Development Order fall within the parameters for extensions of build-out pursuant to Subsection 380.06(19) (e)2., Florida statutes. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes.The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Change to a Previously Approved DRI, Exhibit B, attached hereto and by reference made a part hereof. B. The proposed changes to the previously approved development are consistent with the report and recommendations of the SWFRPC. c. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives Words underlined are additions; Words struslt t.RYeU~R are deletions. 3- d,..~.,~~_~"~_"_~.,,.~.-....__~~fl~.-.__.~~,,_.-.'.-'~_..._~..----~".._"'~--.,.-""".-.~_1'"_~.""""-..."."-,,..~~~ .. 8 A 1 of the adopted state Land Development Plan applicable to the area. o. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. F. The proposed changes do not constitute a substantial deviation pursuant to Subsection 380,06(19) (e)2., Florida statutes, and therefore a public hearing thereon is not required. SECTION FOUR: A. Except as amended hereby, Development Order 88-02 shall remain in full force and effect, binding in accordance with its terms on all parities thereto. B.Copies of this Development Order 95-2 shall be transmitted immediately upon execution to the Department of community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Constantine offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Mac' Ki-p.and upon roll call, the vote was: AYES: Commissioner Constantine, Commissioner Mac'Kie, Commissioner Norris, Commissioner Hancock, and Commissioner Matthews NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this day of F'phrll;:o.ry 1995--.1 J t . ,': 1:'1 IRMAN S BY: ATTEST: DWIGHT E. v, BROCK/ CLERK APP OVED AS TO FORM AND LEGAL SUFFICIENCY: ij, ...nt~STUDENT ASSISTANT COUNTY ATTORNEY DOA-94-5/13079 Words underlined are additions; Words stI"\ieJ[ tfll'OUf]fl are deletions. 4- 1- 8 A 1 HO~E. MONTES AND ASSOC.. INC. CONSULTING ENGINEERS - LAND SURVEYORS HMA F i I e No. 85. 23 9/30/86 Sheet 1 of 2 LEGAL DE5CRI PTION The North half of Section 35, Township 49 South, Range 26 East, Collier County, Florida LESS the West 100.00 feet thereof for right-of-way purposes and LESS the following described parcels: A parcel of land being a portion of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Col I ier County, Florida. Being more particularly described as fol Jows: Commencing at the quarter Section corner, common to Sections 34 and 35. Township 49 South, Range 26 East, Col I ier County, Florida. Said quarter corner being marked with a 4" x 4" concrete monument having a 3-inch brass cap attached to the top thereof, with a 3/LJ-inch iron pipe; thence along the Section line between said Sections 3LJ "and 35, North 00029'15" West, 1,382.43 feet to a point on the centerline of the proposed Access Road No. 1 as shown on the State of Florida Department of Transportation Right-of-Way Map for State Road No. 93 (1-75) Sheet 8 of 10; thence along said centerline of the proposed Access Road No. North 89031101" East, 100.00 feet to a point on the East right-of-way I ine of a canal, said point also being on the centerline of the proposed access road to the water treatment plant parcel: thence along said East canal right-of-way line North 00029'15" West, 50.00 feet to a LJn X 411 concrete monument marking the Northwest corner of the proposed access road right-of-way to the water treatment plant parcel; and being the true POINT OF BEGINNING of the parcel to be herein described; thence along the North I ine of said access road right-Of-way North 89031'0111 East, LJ56.51 feet to a 411 x 4" concrete monument marking the intersection of said North right-of-way with the West boundary I ine of the water treatment plant parcel; thence along said West boundary line North 00047'1411 East, 99LJ.98 feet to an iron rod on the Westerly right-or-way of a strip of land 170 feet in width for a Florida, Power & Light Company (FP&L) right-of-way" as described in Official Records Book 681, Page 1210, Collier County Records; thence along said Westerly FP&L right-of-way North 31030'281' East, 70.02 feet to an Iron rod; thence continuing along said Westerly FP&L right-of-way South 58030L03" East, 761.56 feet to a 4" x qu concrete monument; thence conti'nuing along said Westerly FPtL right-of-way South 00047'14" West, 1,066.70 feet to a 4rt x 411 concrete monument: thence continuing al"ong said Westerly FP&L right-of-way South 00047'14- West, 332.74 feet to an iron rod marking the intersection of said Westerly F?&L right-of-way with the South line of the North half of the South half of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Collier County, Florida: saId point also being the Southeast corner of the parcel being herein described; thence along said South line of the North half of the South half of the Northwest quarter of SectIon 35, South 89004'40" West, 690.82 feet to a 4" x 4" concrete monument; said 2 tXh1bit "A" e_".'''''_~"'"_~~'~'"^'_''_U''"___''_'__' II I 8 A 1 H...."" F i I e No. 85.23 9/30186 Sheet 2 of 2 point being the Southwest corner of the parcel being hereln described; thence along the .West boundary I ine of said parcel North OOo47'1~u East. 653.80 feet to a 411 x 4" concrete monument marking the intersection of the West boundary of the water treatment plant parcel with the South right-of-way of the proposed access road to the water treatment plant parcel; thence along said South right-of-way South 89031'01" West, 454.28 feet to a 4" x 4" concrete monument marking the intersection of said access road South right-of-way with the East right-of-way of a canal: thence along said canal East rlght-o(-way North 00029' 15" West 100.00 feet to the POINT OF BEGINNING. AND A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: Begin on the South I ine of the North hal f of said Section 35, at a point North 89000'01" East 100.00 feet from the Southwest corner of the North half of said Section 35, thence run North 00029'15" West, 1,334.19 feet, thence South 04021'08!1 East, 296.92 feet, thence South 02046'25" East, 750.60 feet to the beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Southerly along said curve 240.58 feet, through a central angle of 41001'29'1 to the end of said curve, thence South 43047'54- East, 94486 feet to the South line of the North half of said SectIon 35, thence South 89000'01" West. 206.27 feet to the POINT OF BEGINNING. AND A portion of the North half of Section 35, Township 49 South. Range 26 East; being described as follows: Begin on the South line of the North half of said Section 35, at a point North 89000'01" East. 306.27 feet from the Southwest corner of the North half of said Section 35. thence run North 43047'54" West, 94.86 feet to the beginning of a curve concave to the Northeasterly having a radius of 336.00 feet. thence run Northwesterly along said curve 240458 feet through a central angle of 41001'29" to the end of said curve, thence North 02046'25" West. 750.60 feet. thence North 04021'08" West, 29L92 feet. thence North 00029'15" West. 85.00 feet. thence North 8g031'Olu East. 64.~2 feet. thence South 04021'08" East, 378.34 feet. thence South 02046125'1 East, 751.56 feet, to the beginning of a curve concave to the Northeasterly having a radius of 266.00 feet, thence run Southeasterly along said curve 190.46 feet. through a central angle of 41001'29" to the end of said curve. thence South 43047' 54" East, 159.68 feet to the South I ine of the North half of said Section 35. thence South B9000101u West. 95.40 feet to the POINT OF BEGINNING. Containing 287.187 acres~ more or Jess. 3 HOLE. MONTES & ASSOCIATES. INC. fi~~~~:~~~~-~;'~"';JFf''';; ,r::':"~' 8 A 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/488-4927 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES SHORT FORM AS MODIFIED BY SWFRPCI Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, WILLIAM R. VINES, the undersigned authorized representative of NationsBank Land Trust #5360, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380,06(19), Florida Statutes. In support thereof, I submit the following information concerning the CITYGATE COMMERCE PARK development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, to the Southwest Florida Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. I~.,c/Date 1 EXHIBIT "Bn d,._~," ....._~_~,,"'_,'''~~ ',.,-,,,. _ ''"4'~-..~--~,~~-~...,,,...-,~,-.~,"-.".,,..~.,,, """'," .... ,"'-_ _,"',___'__~W_"',..'"'" ..'"" 8 Al-" 2. Applicant: Richard K. Bennett, Trustee NationsBank Land Trust #5360 865 Fifth Avenue, South Naples. Florida 33940 813/262-0400 3. Authorized Agent: William R. Vines Vines & Associates, Inc. 800 Harbour Drive Naples, Florida 33940 813/262-4164 4. location: Collier County, Township 49S, Range 26E, Section 26 5. Provide a complete descrlpfjon of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-cut date, development order conditions and requirements, or to the representations containsd In sither the development order or the Application for Development Approval. Indicate such chang.s on the project mastsr sits plan, supplementing with other det817ed maps, 8S appropriate. Additiona/lnformation may be requested by the DSJ)8rtment or any reviewing agency to clarify the naturs of the changs or the resulting Impacts. The Citygate Commetce Patk Development Order was initially adopted as D.O. 88-2 on December 13, 1988. DCA appealed this Development Order. A Settlement Agreement between Collier County and DCA was ultimately reached. resulting in adoption of Development Order 90-4 on August 28, 1990. D.O. 90-4 contains adjustments to the language in D.O. 88-2, which adjustments are specified by the Settlement Agreement. The Final Ordet of Dismissal of the DCA appeal was issued October 29, 1990, which is deemed to be the beginning date for the five year periOd within which the Development Order indicates physical development of the project must commence, or development approval will terminate. It is proposed that the mandatory development commencement date be extended for five years to October 28, 2000. It is proposed that corresponding adjustments be made to the five three- year development phases which are set forth in D.O. 88-2, It is also proposed that the December 31, 2007 D.O. termination date set forth in D.O. 90-4 be extended by five years to December 30, 2012. No land is being added to or deleted from the approved Citygate Commerce Park project. No modification to the approved Citygate Commerce Park Master Development Plan is proposed. 2 I"~ .."'''",.-..'-..^..""., 8 A 1 6. Ust .U the dates and ,esolution numbers (or other spproprlat. Idsnt/fication numbers) of all modifications or amendments to the originally approved DRI development ordef that have been dopted by the Ioc.1 government. .nd provide. brie( description o( the previous ch.nges. Has there been. change in local government Jurisdiction (or any portion o( the development since the last approval or development order was Issued? "so, has the annexing local government adopted now DRI development order (or the project? Original D.O. approval: 0.0.88-2, Resolution 88-309, approval date 12/13/88. Amended Development Order following DCA appeal and subsequent Settlement Agreement: D.O. 90-4, Resolution 90-431, approval date 8/28/90. Final Order of Dismissal, DCA appeal: 10/29/90. There has been no change in local government jurisdiction for any portion of the project since the original D.O. was adopted. 7. Describe any lands purchased or optioned within 1/4 mile allh. original DR/site subsequent to the or/ginal approval Of issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non.project land uses within 1/2 ml7e on a prOj9Ct master sits pl.1n or other map. No additional lands have been purchased or optioned subsequent to the original D.O. approval. 8. Does the proposed Chang, result In a change to the bUl7d-out date or any phasing date of the p;oject? If so, indicate the proposed new buUd-out or phasing dates. Development Order 88-2 provides at Page 11, General Consideration c., that there are five development phases, terminating in 1994, 1997, 2000, 2003, and 2006. It is proposed that ech of these phase endings be extended by five years. 9. WiD the proposed change require an amendment to the local government comprehensive plan? If so, provide the fOllowing for incorporation into such an amBnded development order, as pursuant to Subsections 380.061151, F.S.. .nd 9J-2.025, Florid. Administrative Code: a. An updated master site plan or other map of the development portraying and distinguishingtheproposedChangestothepreviouslyapprovedDRI; b. Pursu.nt to Subsection 380.06119/1fJ. F.S., Include the precise language that is being proposed to be deleted or .dded as an amendment to the development order. This language should address and quanti(y an proposed specific changes to the nature, phasIng, and bUl7d-out d.te o( the development Including: revised development order conditions and requirements: changes oradditlons to commitments and representations in the Application or Development Approval; .dditions or deletions to the acreage attributable to each described proposed change of land use; Including open space, areas of preservation, and green belts: changes, additions or deletions to the type or amount of structures: other proposed improvements, Including locations, square footage, number 01 units; and other major characteristics or components of the proposed change: and 3 4-"--. 8 A 1 c. Includ8 an updat8d 18gal description of the property, If any project acreage is being, or has been, added to or deleted from the previously approved plan of development. The proposed change will not require an amendment to the Collier County Comprehensive Plan. 10. As applic8bl8, Includ8 a proposed amend8d d8velopment order d8adline for commencing physical development of the propoS8d changes. D.O. 90-4 provides that significant physical development must be initiated within five years from the date of final approval of the Development Order. The 5-year periOd is deemed to run from the October 29, 1990 date of the Final Order of Dismissal of the DCA appeal, to October 29, 1995. It is proposed that the Development Order deadline for commencing physical development be extended by five years to October 28, 2000. 11 . If the proposed Changes would necessitate alteration of the adopted development order termination datB, Include II proposed development order termination darB which reflects the time required to completB the development. Dsscrib. andjustify the propo$sd dBvs!opment order tsrmination date. D.O. 90-4 provides that the Development Order shall terminate on December 31, 2007. It is proposed that this termination date be extended byfiveyearstoDecember30, 2012. 12. Include II proposed amended development order date untl] which the/Deal government agrees that the changes to the DRI shaH not be subject to down-zoning, unit density ,eduction, or IntensItyreduction, If appllcabl8. 0.0.88-2 provides in Paragraph 4. on Page 12 that the project is exempt from down-zoning, or intensity or density reduction for a period of seven (7) yearsfromthedateofadoptionoftheDevelopmentOrder. It is proposed that this exemption be extended by five years, resulting in the project being exempt from down-zoning, or intensity or density reduction for a period of twelve (12) years from the date of adoption of the Development Order, which is deemed to be the October 29, 1990 date of the Final Order of Dismissal of the DCA appealoftheoriginallyadoptedDevelopmentOrder. 13. Include any proposed amended development order specifications for the annual report, includingthedateofsubmission, cdntents, and parties to whom the report is submitted as specified in Subsection 9J-2.02517j, F.A. C. No changes are proposed for any of these items. The sections of Development Orders 88-2 and 90-4 which are proposed to be 4 I"-""'"'-'''-'-''~'''''''>''''" 8 A 1 modified follow, with the proposed deletions indicated by stril<e through, and the proposed additions indicated by J!m9.iDm A. Section 9.c. on Page 11 of D.O. 88-2 shall be amended to read as follows: c. The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase 1-19~, Phase II 1 997 ~Q6, Phase 111-2000 20gB', Phase IV-2OW 2~, Phase V-20G6 2oillm, shall be incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional impacts, are not carried out to the extent or in accordance with the timing scheduled specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. B. Previously amended Section 3, Page 12 of D.O. 88-2 shall be further amended to read as follows: 3. This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within ten (10) years from the date of final approval of the Development Order, development approval will terminate and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on December 31, ~ g~g;.r.6' 5 j FTAFLE*XGx5*.**!*{ * \'"{{}1if }:i.&Y. .'i.\!lf s *t.2G?0 S **& ... f*$:rxF tls stlf.Ellwlls , : Hotice is herebY ghen that. a ;riii; iriaring ivifi uc held bY the collier county Board ot CountY Commissioners 9nila.ffi zaih, 2020, in .the Board of CountY Commisston- iis-'-tvttetinq'Room, Third Ftoor, Collier Government UJrilir. izgg East Tamiami Trail, NaPles FL.. the Board o..t i'otliw -tommiisioners (Bcc). will consider the enactment or a eounW Resolution. Ine meetinq' will commence at iiioo A.[4. The title of -the Pro' posed Rerolution is as tollows: A RESOLUTION AMENDING oEvi[oPtvlENT oRDER &&q?, i3 *nnr*D*n. rHr cnY€SE c**narnce f'nnr EEvElq* {,iEff ' or- nEGIoHAL ffi f&{I'Ffri:Vuima Fct sEcr.q$ **tai ALaEHDMEHTS TO AQ,q' 'rteoi ACRE 5P*Rr5i*ianrx ElffEHsoN Tc !ti$nni-itI-IO REVISE THE LEGAL oLicniprtoN; AMENDMEJ-{T T5-}ijr. MASTEB DEVE!Q{: ai-rrur' Ft-tu; AND ExrE$$lqS of iLnutltrtArloru DATE; ,SEG non rwo: FINDINGS or l{qrwEluuiNa REVIsED -LEq*lbLlcntmoru AND lNqFFIff r-N A-ailEAGE: SEcrIoN THREE: lbi.iclusiolis oF LAw; $EC' nOlrl fOUn: EFFECT OF PfiEVI-rifiiv lsiu=u EEvELoFMElll oRDEil rnntlsrunrAL ro- IIEtlFaniutrnr oF EcoNoMlc o-p'prinruntrv AHD PROVID- tNc AH EFFECnVE DArE.,lrylE iusttcr PRoPERTY comslsr- iruc or 419.60 AcREs 15 Lo' *qtru AT rHE NoRTHE$ry oriaonnnsr oF THE INTERSEC--6-N 'oF t-rs AND coLUER aou-rEvanD (cR 9s1) lN s!c- nbNt ri ano 36, rowx-sHlP. r[siiurx. RAHGE 26 EAsr' lH' tbtilid"counrrv, FLoftFA lpuotmt+9fl A topv of the ProPosed Rx'+ iudiF,'i#n fite'witr, the clErk to ttre Board and ir availsffi, ier inipeaion. All inter€*ted. sartlet are invited to attenc bnd be heard, NOTE: All Persons wishing to rocak on any agenda fiem rfiust reqister with the CountY ;;aq;i prior to Pre*entation[t ilid iqtnda item to be. ad' ;;#;d.'-inoividual sPeakert will be limited to 3 minut*t- ln'.nv item- The selection. of aiiv-in'Airiaual to sPeak on b haf{ of an organizattol or orouo is encouraged' lt rG(' 6oniied bY the Chairman, a il;ok*oe*iln for a group o! irqaniiation may be allotted io" minut* to iPeak on an item. ' F*rs*n: wishing to h*ve,wqiF-d;-oi iiipr'ii materials in' iiub*o li -ttre Board agenda oackets must submit said ma- iet.Iit a minimum of 3 week ;iot to ihe resPective Publk hearino. ln any care, written maliriits intended to be .con-tiuiii[ uv the Board shall be iu-umitted to the aPProPriate Counw staff a rninimum - ot ;."d'd"vt Prior to the Public hearino. -Al[ materials used -inpidniiti"ns before tt€ Board will becorne a Permit- nent part of the record' Anv person who de<idgt -to aooei,l any decision of th€- EffiJ wiii'need a record of frJ -proc"edings Pertaining there{o and therefore' ryay need to ensure that a vqPa- tirn re<ord of the Proeecditlg$ is made, which record iffilu6€5 ilG Gti*u"Y.s:t{ q*i€ upon $/tlich the aPPeal i; h6€d. lf you are a person with a dis' abitity who needs any accom- madation in order to Partr(t'pate in this proceeding, you are entitled. at no cost to You,to the orovision of certain at- sistance. Please contact the Collier Countv Facilities Man" aqement Div[sion, located at 3535 Tamiami Trail East, Suite I01, Naples, FL 34112-5356, (239) 252-8380, at least two davs prior to the meeting. As- sisted listeninq devices for the hearinq impa'ired are availa- ble in- the ' Board of CountY Commissioners Office. EOARD OF COUNTY COMMI5- $IONERS {OLLIER COUNTY, FLORIDA BURT L. sAUNDERs, CHAIR* MAN CRYSTAL K. KINZEL, {IERK SF THE CIREUIT COURT & C$MFTROLTER By: Ann Jennejohn D-enutv Clerk (SEAL) Putr bate: March 4, 2020 *4S*I455 17.A.6 Packet Pg. 1419 Attachment: Legal Ad - Agenda ID 11632 (11632 : PL20190001497 City Gate DOA)