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Agenda 03/24/2020 Item #17B (Ordinance - Citygate Commerce Park PUD)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) 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) 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 approve an Ordinance amending Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development, as amended, to add the sports complex extension to the PUD and revise the legal description; by amending Ordinance Number 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 128.05± acres of land zoned Rural Agricultural (A) to the City Gate Commerce Park PUD; to update the master development plan including the addition of the county sports complex extension; to allow additional hotel and motel units; to increase the buildout traffic; to provide deviations for preserves, landscape buffers, and parking areas; to add permitted essential services and add development standards for the sports complex extension; to amend Exhibit A-3 permitted uses-SIC codes to add uses; to amend Exhibit A-4 cross sections-north buffer, and Exhibit A-6 required yard plan; and providing for conflict and severability; 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 Development Order Amendment Petition DOA-PL20190001497, Agenda Item 17.A). [PL20190001494] 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 render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property was originally rezoned from Agricultural (A) to Planned Unit Development (PUD) with the adoption of Ordinance Number 88-93 on December 13, 1988. There have been several amendments since then, in Ordinance numbers 09-69, 10-42, and 18-32, as well as a Vested Rights Determination. (For copies of Ordinances, refer to application materials provided by Agent.) The City Gate Commerce Park is currently partially developed. The proposed PUD Rezone (PUDR) adds an adjacent 128.05± acre parcel into the PUD. The addition of the subject parcel, known as the Sports Complex Extension, will allow for the future phases of the Collier County Sports Complex and Events Center. The purpose of the subject PUDR is to: • Increase the PUD acreage from 291.55± to 419.60± acres; • Revise the legal description to reflect the additional acreage; • Increase the maximum number of hotel rooms from 950 to 1,250; • Add the Sports Complex Extension to the Maximum Development Intensity; • Remove PUD Document Sections 2.6.B and 2.6.C-Exceptions to County Subdivision Regulations; • Remove Deviation #23, as it is no longer applicable with the addition of the Sports Complex Extension to the City Gate PUD; • Add Deviation #25, pertaining to the Sports Complex Extension’s Preserves; • Add Deviation #30, pertaining to the Landscape Buffers along the perimeter of the Sports Complex Extension; • Add Deviation #31, pertaining to maximum wall height along the northern PUD boundary. • Add Deviation #32, pertaining to parking/landscaping requirements; 17.B Packet Pg. 1420 03/24/2020 • Add Deviation #33, pertaining to parking for the PUD (excluding the Sports Complex Extension); • Add language to PUD Document Section 3.2.A.3., regarding the leasing of the Sports Complex facility to professional sports teams subject to Board approval; • Add Permitted Uses within the Preserve areas within the Sports Complex Extension area only; • Increase the number of caretaker units from 5 to 7. • Increase the height of the wall along the north PUD boundary line from 8 feet to 14 feet; • Add accessory uses within Lake and Recreational Tract; • Reduce the minimum parcel size and width for lots east of the FPL easement; • Add Required Yard options for lots abutting the Lake and Recreational Tract; • Add setbacks from the Preserve Areas; • Add language regarding maximum height for poles and netting, related for safety to sports and recreational activities; • Eliminate Developer Requirements, Section 4.3-Items G and H; • Add Developer Requirement, Section 4.3-Item I (Sports Complex Extension); • Update Exhibit A-1, Master Development Plan: o Addition of 128.05-acre parcel o Deviation Requests o Addition of external access points o Addition of Preserve Exhibit (Sports Complex Extension) • Add note to Exhibit A-2, Table 12.B.3; • Add Essential Services to Exhibit A-3, SIC Codes (Sports Complex Project); • Add Art, such as Sculptures to Exhibit A-3, Accessory Uses (Sports Complex Project); • Add Direct Selling Establishments (SIC 5963) to Exhibit A-3, SIC Codes; • Add Page 2 to Exhibit A-4, Cross Section (Golden Gate Canal Buffer); • Update Exhibit A-5, Sign Deviation Exhibit, to clarify the sign type for Deviations #8 and #9; and • Update Exhibit A-6, Required Yard Plan: o Update Section II, Definitions, for Lake/Recreational Area o Update Section II, Definitions, for Required Yard o Update Section IV.2.A.3, language added to “What Must be Retained in Required Yards” o Update Section IV.2.C, addition of Phase One Native Vegetation Approval o Update Section VI.A.7, addition of Passive Recreational Uses o Update Section VI.C.4, language added to General Maintenance See Attachment A - Proposed PUD Ordinance. FISCAL IMPACT: The PUDR by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build-out, will maximize its authorized level of development. However, if the PUDR 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 a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the 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. Please note that impact fees 17.B Packet Pg. 1421 03/24/2020 and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning staff has reviewed the proposed PUDR and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See attachment: FLUE Consistency Review. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC, heard Petition PUDR-PL20190001494, City Gate Commerce Park PUD on February 6, 2020, and voted 6-0 to forward this petition to the Board with a recommendation of approval subject to the following revisions to the PUD Document: - Limit SIC Code 5963 to Food Trucks only. - Allow for a 14-foot high berm/wall combination where there is a 14-foot high wall. The Agent presented a change at the CCPC hearing allowing for the same building heights in the Sports Complex Project of 75-foot zoned and 85-foot actual. This change has been incorporated into the PUD document, however, language has since been added to specify that the building heights would apply to parcels west of the Sports Complex Project, east of the FPL easement, and south of the northern tract line of Lake and Recreational Tract, which include uses that are compatible and complementary to the Sports Complex Project. The CCPC did not review this specific language. The requested CCPC revisions have been made and the specific building height have been added to the PUD Document. New language has also been added specifying which parcels the building heights will apply to, and this change has since been incorporated into the PUD document. See Attachment A-PUD Ordinance. No letters of objection have been received. Therefore, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: This is an amendment to the existing City Gate Commerce Park PUD (Ordinance No.88-93, as amended). 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, 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 PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 17.B Packet Pg. 1422 03/24/2020 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing zoning? (a “core” question…) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board 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 Board hearing as these items relate 17.B Packet Pg. 1423 03/24/2020 to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approves the request for Petition PUDR-PL20190001494, City Gate Commerce Park PUD. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report City Gate PUD w signtr 1-27-20 (flat) (PDF) 2. [Linked]Attachment A-Proposed PUD Ordinance - 031620 (PDF) 3. Attachment B-FLUE Consistency Review 1-10-20 (PDF) 4. [Linked] Attachment C-City Gate PUDR Application 1-22-20 (PDF) 5. Legal Ad - Agenda ID 11633 (PDF) 17.B Packet Pg. 1424 03/24/2020 COLLIER COUNTY Board of County Commissioners Item Number: 17.B Doc ID: 11633 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 approve an Ordinance amending Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development, as amended, to add the sports complex extension to the PUD and revise the legal description; by amending Ordinance Number 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 128.05± acres of land zoned Rural Agricultural (A) to the City Gate Commerce Park PUD; to update the master development plan including the addition of the county sports complex extension; to allow additional hotel and motel units; to increase the buildout traffic; to provide deviations for preserves, landscape buffers, and parking areas; to add permitted essential services and add development standards for the sports complex extension; to amend Exhibit A-3 permitted uses-SIC codes to add uses; to amend Exhibit A-4 cross sections-north buffer, and Exhibit A-6 required yard plan; and providing for conflict and severability; 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 Development Order Amendment Petition DOA-PL20190001497, Agenda Item 17.A) [PL20190001494] Meeting Date: 03/24/2020 Prepared by: Title: Planner, Principal – Zoning Name: Nancy Gundlach 02/11/2020 3:54 PM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 02/11/2020 3:54 PM Approved By: Review: Zoning Ray Bellows Additional Reviewer Completed 02/11/2020 5:33 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 02/19/2020 3:35 PM Growth Management Department James C French Deputy Department Head Review Completed 02/20/2020 1:24 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 02/21/2020 1:26 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 03/04/2020 2:48 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/04/2020 3:54 PM Office of Management and Budget Debra Windsor Additional Reviewer Completed 03/05/2020 8:30 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/10/2020 4:13 PM 17.B Packet Pg. 1425 03/24/2020 Board of County Commissioners MaryJo Brock Meeting Pending 03/24/2020 9:00 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/14/2020 3:16 PM 17.B Packet Pg. 1426 Page 1 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 STAFF REPORT TO:COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT -PLANNING &REGULATION HEARING DATE:FEBRUARY 6, 2020 SUBJECT: PUDR-PL20190001494, CITY GATE COMMERCE PARK MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD)(COMPANION ITEM TO DOA-PL20190001497, CITY GATE COMMERCE PARK DEVELOP- MENT OF REGIONAL IMPACT (DRI)) _________________________________________________________________________________ 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 Planned Unit Development (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, PS Florida One Inc., 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.B.1 Packet Pg. 1427 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 2 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 17.B.1 Packet Pg. 1428 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 3 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 17.B.1 Packet Pg. 1429 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 4 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an amendment to Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development, as amended,to add the sports complex extension to the PUD and revise the legal desc ription; by amending Ordinance Number 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 128.05± acres of land zoned Rural Agricultural (A) to the City Gate Commerce Park PUD; to update the master development plan including the addition of the county sports complex extension; to allow additional hotel and motel units; to increase the buildout traffic; to provide deviations for preserves, landscape buffers, and parking areas; to add permitted essential services and add development standards for the sports complex extension; to amend Exhibit A-4 cross sections- north buffer, and Exhibit A-6 required yard plan;and providing for conflict and severability;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 Section 35, Township 49 South, Range 26 East, in Collier County, Florida. (See Location Map on page 2.) PURPOSE/DESCRIPTION OF PROJECT: The subject property was originally rezoned from Agricultural (A) to PUD with the adoption of Ordinance Number 88-93 on December 13, 1988. There have been several amendments since then, in Ordinance numbers 09-69, 10-42, and 18-32, as well as a Vested Rights Determination. (For copies of Ordinances, refer to application materials provided by Agent.) The City Gate Commerce Park is currently partially developed. The proposed PUD Rezone adds an adjacent 128.05±acre parcel into the PUD. The addition of the subject parcel, known as the Sports Complex Extension, will allow for the future phases of the Collier County Sports Complex and Events Center. The purpose of the subject PUD Rezone is to: Increase the PUD acreage from 291.55±to 419.60±acres; Revise the legal description to reflect the additional acreage; Increase the maximum number of hotel rooms from 950 to 1,250; Add the Sports Complex Extension to the Maximum Development Intensity; Addition of language to PUD Section 2.5.B to allow murals for the Sports Complex Project, subject to Board approval; Remove PUD Document Sections 2.6.B and 2.6.C-Exceptions to County Subdivision Regulations; Remove Deviation #23, as it is no longer applicable with the addition of the Sports Complex Extension to the City Gate PUD; ; 17.B.1 Packet Pg. 1430 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 5 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 Add Deviation #30, pertaining to the Landscape Buffers along the perimeter of the Sports Complex Extension; Add Deviation #31, pertaining to maximum wall height along the northern PUD boundary. Add Deviation #32, pertaining to parking/landscaping requirements; Add Deviation #33, pertaining to parking for the PUD (excluding the Sports Complex Extension); Add language to PUD Document Section 3.2.A.3., regarding the leasing of the Sports Complex facility to professional sports teams subject to Board approval; Add Permitted Uses within the Preserve areas within the Sports Complex Extension area only; Increase the number of caretaker units from 5 to 7. Increase the height of the wall along the north PUD boundary line from 8 feet to 14 feet; Add accessory uses within Lake and Recreational Tract; Reduce the minimum parcel size and width for lots east of the FPL easement; Add Required Yard options for lots abutting the Lake and Recreational Tract; Add setbacks from the Preserve Areas; Add language regarding maximum height for poles and netting, related for safety to sports and recreational activities; Eliminate Developer Requirements, Section 4.3-It ems G and H; Add Developer Requirement, Section 4.3-Item I (Sports Complex Extension); Update Exhibit A-1, Master Development Plan: Addition of 128.05-acre parcel Deviation Requests Addition of external access points Addition of Preserve Exhibit (Sports Complex Extension) Add note to Exhibit A-2, Table 12.B.3; Add Essential Services to Exhibit A-3, SIC Codes (Sports Complex Project); Add Art, such as Sculptures to Exhibit A-3, Accessory Uses (Sports Complex Project); Add Direct Selling Establishments (SIC 5963) to Exhibit A-3, SIC Codes; Add Page 2 to Exhibit A-4, Cross Section (Golden Gate Canal Buffer); Update Exhibit A-5, Sign Deviation Exhibit, to clarify the sign type for Deviations #8 and #9;and Update Exhibit A-6, Required Yard Plan: Update Section II, Definitions, for Lake/Recreational Area Update Section II, Definitions, for Required Yard Update Section IV.2.A.3, language added to What Must be Retained in Required Yards Update Section IV.2.C, addition of Phase One Native Vegetation Approval Update Section VI.A.7, addition of Passive Recreational Uses Update Section VI.C.4, language added to General Maintenance See Attachment A Proposed PUD Ordinance. 17.B.1 Packet Pg. 1431 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 6 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 SURROUNDING LAND USE AND ZONING (of Subject Property): North: An undeveloped 344±acre tract, with a zoning designation of Rural Agricultural (A), owned by the Board of Collier County Commissioners (BCC) East: A portion of an undeveloped 290±acre tract, with a zoning designation of Rural Agricultural (A), owned by the Board of Collier County Commissioners (BCC)and then the Collier County landfill South:A portion of an undeveloped 290±acre tract, with a zoning designation of Rural Agricultural (A), owned by the Board of Collier County Commissioners (BCC) West: A developing 66±acre sports complex tract with a zoning designation of City Gate Commerce Park PUD AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Rezone and has found it consistent with the Future Land Use Element (FLUE) of the GMP. See Attachment B -FLUE Consistency Review. Subject Property 17.B.1 Packet Pg. 1432 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 7 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 Transportation Element: In evaluating this project, staff re October 4, 2019 Traffic Impact Statement (TIS) for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2018 and the current 2019 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states: conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved.A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and Staff has evaluated the TIS submitted with the proposed petition and has found that the proposed additional soccer complex development will generate approximately +/-309 PM peak hour two- way trips on the adjacent roadway segments: 17.B.1 Packet Pg. 1433 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 8 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 The current City Gate PUD is considered vested for traffic impacts through the Developer Agreement dated December 1, 2009, and amended on June 23, 2015. The vested impacts are based on allowable uses within PUD and associated square foot limitations. Staff notes that the interchange of I-75 and State Road 951 (Collier Boulevard) is in the current Florida Department of Transportation (FDOT) 5-year work plan for significant improvements in fiscal year 20/21. The improvements are designed to increase capacity and reduce conflicts on the adjacent roadways including access to the I-75 and the Davis Boulevard intersection. Further, the adjacent roadway network has sufficient capacity to accommodate the proposed additional soccer field development based on the GMP Policy noted above, within the 5-year planning period. Therefore, the subject petition can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the CCME.A minimum 13.65±acre preserve is required. GMP Conclusion: petition,DOA-PL20190001497, City Gate Commerce Park DRI. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the ,and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsection Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns.The existing PUD has an approved required yard plan, and currently there is no PUD preserve requirement. The proposed addition of a 128.05±acre parcel results in a preserve requirement being added to the PUD. The additional 128.05±acre parcel preserve calculation is 15 percent of the existing 90.98±acres of native vegetation which is 13.65±acres (90.98±acre native vegetation x 15 percent = 13.65±acre preserve required). The proposed PUD Master Plan provides a 4.37±acre preserve on-site within the Sports Complex Extension and a 9.28±acre preserve on the abutting County-owned property (4.37±acres + 9.28±acres = 13.65± acres), which meets the minimum 15 percent native preservation requirement in accordance with LDC Section 3.05.07. The applicant has proposed to locate the on-site preserve at the southwest Collier County 305 property. This will provide one contiguous habitat with the existing required yards in the City Gate PUD and proposed preserves in the abutting County-owned Collier County 305 property. Wild pine (Tillandsia fasciculata), Butterfly Orchids (Encyclia tampensis), and one 17.B.1 Packet Pg. 1434 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 9 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 Big Cypress Fox Squirrel (Sciurus niger avicennia) were observed; no other listed species were observed on the property. Transportation Review: Transportation Department Staff has reviewed the petition and recommends approval. Utilities Review:The project lies within the regional potable water service area and the south wastewater service area of the Collier County Water-Sewer District (CCWSD). Water and wastewater services are readily available via utility infrastructure currently under construction on - PL20190000786, and sufficient water and wastewater treatment capacities are available. Parks and Recreation Review: Parks and Recreation staff has reviewed the petition and recommends approval. Architectural Review: Architectural review staff has reviewed the petition and recommends approval. In accordance with LDC Section 4.08.07 J.3.a.viii., the Architectural Design Standards of Section 5.05.08 shall apply unless additional or different design standards that deviate from 5.05.08, in whole or in part, are submitted to the County. The proposed City Gate PUDR will allow for the deviation process in section 5.05.08 G of the LDC for buildings located within the Sports Complex Project. The applicant intends to propose alternative design and justification at the time of SDP application to accomplish the purpose and intent of the architectural and site design standards of LDC Section 5.05.08. Landscape Review: Landscape staff has reviewed the petition and recommends approval. Zoning Review: The City Gate Commerce Park is a partially developed 291.55±acre mixed-use PUD consisting of commercial,industrial and sports complex land uses. The western portion of the PUD consists of commercial land uses and is part of Activity Center # 9. It is mostly developed with a gas station and convenience store, a car wash,and two hotels. The eastern portion of the PUD consists of the developing 61±acre Sports Complex Lot. As previously stated,the petitioner proposes to add a 128.05±acre parcel known as the Sports Complex Extension into the eastern portion of the PUD adjacent to the developing Collier County Sports Complex Lot. The subject Sports Complex Extension parcel is surrounded by mostly undeveloped lands owned by Collier County to the north and south, by undeveloped lands owned by Collier County and then the Collier County landfill to the east. The previously approved development standards and principal land uses for the Sports Complex Lot remain similar to those for the Sports Complex Extension parcel with a few exceptions. Passive land uses,water management and minimum setbacks have been added to the preserve areas located within the Sports Complex Extension parcel. The minimum parcel width has been reduced from 200 feet to 150 feet. For safety reasons, a 150-foot maximum height for sports poles and netting has been added. The previously approved 75 feet zoned building height (85 feet actual building height)remains the same. 17.B.1 Packet Pg. 1435 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 10 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 The Sports Complex Project is a unique project that will provide a public benefit to the residents of Collier County and will attract regional visitors. It will provide athletic fields for residential and amateur athletic play and competition. It will also provide multi-use field areas for sports, festivals,and events. The petitioner is requesting five new deviations. The new deviations are related to landscaping, wall heights, and parking. For further information, please see the Deviation Discussion section of this Staff Report. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project requires Environmental Advisory Council (EAC) review, as this project meets the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Specifically,the petition includes one environmental deviation request to allow 9.28±acres of the preserve to be treated as on-site within an abutting County-owned property. REZONE FINDINGS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation ,and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsection ers the following analysis: 1.Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning staff has indicated that the proposed PUD Rezone is consistent with all applicable elements of the FLUE of the GMP. 2.The existing land use pattern. T industrial development, undeveloped commercial development, undeveloped Agricultural lands,and residential development. To the north of the subject 128.05± acre Sports Complex Extension parcel addition is undeveloped land with a zoning designation of Rural Agriculture. To the east,is undeveloped land with a zoning designation of Rural Agriculture and then the Collier County landfill. To the south is undeveloped land with a zoning designation of Rural Agriculture. To the west is the 61±acre Sports Complex 17.B.1 Packet Pg. 1436 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 11 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 Lot. Staff is of the opinion that this project can be deemed consistent with GMP FLUE Policy 5.6.which encourages innovative land development techniques. 3.The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that approval of this PUD Rezone will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP. 4.Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the zoning map included at the beginning of this report, the existing district boundaries are logically drawn. The proposed PUD zoning boundaries follow property ownership boundaries.The location map on page 2 of the staff report illustrates the perimeter of the outer boundary of the subject parcel. 5.Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed PUD Rezone is not necessary, but it is being requested in compliance with the LDC provisions to allow the owner the opportunity to clarify and add development standards. 6.Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD Rezone, with the commitments made by the -use policies upon adoption that are reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the proposed PUD Rezone should not adversely impact living conditions in the area. 7.Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has sufficient capacity to serve the proposed project. 8.Whether the proposed change will create a drainage problem. The proposed PUD Rezone will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9.Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed PUD Rezone will not reduce light and air to adjacent areas outside the PUD. Furthermore, the PUD Document provides adequate property development regulations to ensure 17.B.1 Packet Pg. 1437 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 12 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 light and air should not be seriously reduced to adjacent areas. The Master Plan further demonstrates that the locations of proposed preserve and open space areas should further ensure light and air should not be seriously reduced to adjacent areas. 10.Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD Rezone will not adversely impact property values. Zoning by itself may or may not affect values since value determination is driven by market demand. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Properties around the site where this PUD Rezone would be applicable are generally separated by undeveloped lands or similar development. The basic premise underlying all of the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of the adjacent property.Therefore, the proposed PUD Rezone should not be a deterrent to the improvement of adjacent properties. 11.Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development complies with the GMP, which is a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed amendment does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 12.Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property could be developed within the parameters of the existing zoning designations; however, the petitioner is seeking this PUD Rezone in compliance with LDC provisions. The proposed rezone meets the intent of the PUD district and the public interest will be maintained. 13.Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD Rezone is not out of scale with the needs of the neighborhood or County. 14.Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The 17.B.1 Packet Pg. 1438 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 13 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 petition was reviewed on its own merit for compliance with the GMP and the LDC,and staff does not review other sites in conjunction with a specific petition. 15.The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require site alteration,and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the site development plan approval process and again later as part of the building permit process. 16.The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County staff that is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts of the Level of Service will be minimized. 17.Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety,and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC shall make findings as to the 1.The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The type and pattern of development proposed should not have a negative impact upon any physical characteristics of the land, the surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The Collier County Water-Sewer District already provides potable water and wastewater services to the PUD, and there are adequate water and wastewater treatment capacity available to future development as proposed by this petition. Furthermore, this project, if developed, will be required to comply with all county regulations regarding drainage, sewer, water,and other utilities pursuant to Section 6.02.00 Adequate Public Facilities of the LDC. 17.B.1 Packet Pg. 1439 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 14 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 2.Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control of the Sports Complex and the Sports Complex Extension. The PUD Document and the general LDC development regulations make appropriate provisions for the continuing operation and maintenance of common areas. 3.Conformity of the proposed Planned Unit Development with the goals, objectives,and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4.The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Staff Analysis Section of this staff report, staff is of the opinion that the proposed project will be compatible with the surrounding area. 5.The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6.The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, which is noted in the Transportation Element consistency review. There is a significant committed improvement project scheduled by FDOT for the I-75 and 951 interchanges as noted in the consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the projec management regulations when development approvals, including but not limited to,plats and/or site development plans, are sought. The CCWSD has sufficient treatment capacities for water and wastewater services to the project. Conveyance capacities must be confirmed at the time of development permit application. 17.B.1 Packet Pg. 1440 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 15 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 7.The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including Collier County Water-Sewer District potable water and wastewater mains, to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. 8.Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is seeking deviations to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06 A.). Staff believes that the deviations proposed can be supported, finding that, in compliance with LDC Section 10.02.13 ., the petitioner has demonstrated that the deviations are Please refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviations. DEVIATION DISCUSSION: The petitioner is seeking 5 new deviations from the requirements of the LDC beginning with Deviation #25. (Note: Deviations #26 thru #29 have been intentionally omitted). The deviations are directly extracted from PUD Section 2.7. The deviation locations are depicted on the Master Development Plan, Exhibit A-1, Page 4 of 13. justifications and staff analysis/recommendations are outlined below. Preservation-Sports Complex Extension Only: Deviation #25 Deviation #25 seeks of this subsection f. is to identify the criteria to satisfy on-site preserve requirements off-site.The intent of the on-site preserve requirement is to retain, maintain, and preserve existing native vegetation on-site as provided for in the Conservation and Coastal Management Element of the to allow 9.28- the abutting County-owned property, to be treated as on-site so there can be one contiguous 13.65- acre preserve. Refer Exhibit A-1 Master Development Plan, page 3 of 13. 17.B.1 Packet Pg. 1441 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 16 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 : The Collier County Sports Complex and Events Center is being developed as an Essential Service, defined in LDC Section 1.08.02. The purpose of this deviation request is to allow 9.28-ded on the abutting property, under common ownership, commonly known as Collier County 305. As n one contiguous -acre preserve, along with the Collier ±19.42-acre preserve,will provide a contiguous ±33.07-acre preserve. This deviation achieves the goals and objectives of the Conservation and Coastal Management Element of the Growth Management Plan by providing the largest contiguous preserve area possible. The FLUCCS for the Collier County 305, along with the preserve requirement calculation, has been included within the Environmental Data Report. Staff Analysis and Recommendation: Environmental Planning staff recommends Approval finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety,and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation As stated by the applicant, the preserve area provided is 13.65 acres. The preserve area includes 4.37 acres within the City Gate PUD boundary and 9.28 acres proposed to be treated as on-site within the abutting property under common ownership, known as Collier County 305. The proposed configuration of the Sports Complex Extension essential service has limited space available to meet the preserve requirement in one contiguous area entirely within the boundary of the City Gate PUD. The preserve is to be located at the southwest corner of the Sports Complex the proposed preserve will be contiguous to the 19.42-acre preserve within the Collier County 305 property and the existing approved required yard in the City Gate PUD. This deviation satisfies the goals and objectives of the Conservation and Coastal Management Element of the Growth Management Plan by providing preserves that are interconnected within the site and to adjoining off-site preservation areas and wildlife corridors. Proposed Deviations #26 through 29 have been intentionally omitted. Landscape Buffers Sports Complex Only: Deviation #30 Deviation #30 seeks relief from LDC Section requires PUDs to provide landscape buffers along the perimeter of PUD boundaries, to instead allow no landscape buffers along the perimeter of the Sports Complex Extension if development : Public right-of-way is proposed along the perimeter of the Sports Complex Extension parcel. There are plans by Collier County to provide stormwater management updates Golden Gate Canal Flow Diversion) within the adjacent eastern property, along the 17.B.1 Packet Pg. 1442 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 17 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 same public right-of-way. Installing costly landscaping along the PUD boundary in the subject area is unnecessary and will affect the future design of the proposed stormwater updates. Furthermore, it is the vision of the County to create Core Campus #2, inclusive of the Sports Complex Project and other surrounding/abutting County-owned properties. It is the intent to create a unified plan amongst these County-owned properties, without the need for landscape buffers between the planned Essential Services/Government Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends Approval finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated Deviation #31 Deviation #31 seeks relief from LDC Section height along the north MPUD boundary where it abuts the Golden Gate Canal. Refer to Exhibit A-4, page 2 of 2, of the PUD Document. Section III. 3.3. K of the City Gate Commerce Park PUD requires sites that abut the Golden Gate Canal to install landscaping and/or structural buffers, in compliance with Exhibit A- 4 of the the Collier County Sports Complex and Events Center. Several property owners across the Golden Gate Canal have constructed berms and shooting ranges within their public safety. Lastly, an increase in wall height will provide extra screening for the developed single- Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends Approval finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated urposes to a degree at least equivalent to literal LANDSCAPING MPUD (EXCLUDING THE SPORTS COMPLEX EXTENSION) Deviation #32 Deviation #32 seeks relief from LDC Section requires double landscaping in vehicular use areas if provided parking is in excess of 120% of the LDC requirements, to instead allow parking in excess of 120% of the LDC requirements without the need to provide additional vehicular use landscaping. 17.B.1 Packet Pg. 1443 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 18 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 The City Gate PUD/DRI was originally approved in 1988, allowing a mix of commercial and industrial land uses. The native vegetation requirements, outlined in the Required Yard Plan, were established in 2005 via a Vested Rights Determination. The Required Yards within City Gate exceed current, typical landscaping requirements for a commercial or industrial zoned parcel. Please refer to Attachment D, which compares required perimeter vegetation on a lot within City Gate-Phase Three to a typical Industrial zoned Lot. In this example, the City Gate lot has 33.86% of perimeter retained vegetation while the typical industrial-zoned lot provides 5.54% of perimeter vegetation/landscaping. Based on this increase in perimeter vegetation provided within City Gate through the Required yards, additional interior landscaping is not needed. Lastly, this LDC requirement could severely limit the developable area within the City Gate PUD. Staff Analysis and Recommendation: The required yard plan is not a part of the sports complex extension so this deviation is not applicable for the sports complex extension. Due to the increase in vegetation that the required yards provide,Landscape Review staff recommends Approval finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety,and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation PARKING MPUD: Deviation #33 Deviation #33 seeks relief from LDC Section allows no more than 80 percent of the off-street parking requirement, for buildings on corner lots, to be located between a primary façade and the abutting street, with no single side to contain more than 65 percent of the total required parking, to instead allow more than 80 percent of the off-street parking requirement to be located between a primary façade and the abutting street, and allow more than 65 percent of the total required parking to be located on any single side of the building. : This section of the LDC limits the location of off-street parking on corner lots, which restricts design flexibility and building placement. Furthermore, per the LDC, buildings located within PUDs must provide three primary facades, which creates added difficulty with site design, while attempting to meet this restricting LDC requirement. Due to the area of existing corner lots within City Gate, and the need to provide substantial Required Yards containing native vegetation, this LDC requirement limits the developable area. This deviation request has no detrimental effect on public health, safety or welfare. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends Approval finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community" and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated 17.B.1 Packet Pg. 1444 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) Page 19 of 20 CITY GATE COMMERCE PARK MPUD January 27, 2020 PUDR-PL20190001494 application of such regulat NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on January 14, 2020,at the Golden Gate Community Center, located at 4701 Golden Gate Parkway in Naples, Florida. There were no attendees. COUNTY ATTORNEY OFFICE REVIEW: January 27,2020. RECOMMENDATION: Staff recommends that the CCPC sitting as the CCPC and EAC forward Petition PUD- PL20190001494, City Gate Commerce Park MPUD to the BCC with a recommendation of approval. Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Future Land Use Element Consistency Review Attachment C: Application 17.B.1 Packet Pg. 1445 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) 17.B.1 Packet Pg. 1446 Attachment: Staff Report City Gate PUD w signtr 1-27-20 (flat) (11633 : PL20190001494-City Gate Commerce Park PUD) 17.B.2 Packet Pg. 1447 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 17.B.2 Packet Pg. 1448 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 17.B.2 Packet Pg. 1449 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT DOCUMENT Prepared by Josh Fruth and Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Roger B. Rice, Esq., P.A. 9010 Strada Stell Court, Suite 207 Naples, FL 34109 Date Filed: 4-16-87 Date Approved by CCPC: Date Approved by BCC 12/13/88 Ordinance Number: 88-93 2009 Amended Date Approved by BCC: 12/01/2009 Ordinance Number: 09-69 2010 Amended Date Approved by BCC: 11/09/2010 Ordinance Number: 10-42 2018 Amended Date Approved by BCC: 03/27/2018 Ordinance Number: 18-13 2019 Amended Date Approved by BCC: Ordinance Number: 1 17.B.2 Packet Pg. 1450 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted INDEX SECTION PAGE I.PROPERTY OWNERSHIP AND DESCRIPTION 3 - 8 II.PROJECT DEVELOPMENT 9 – 23 9 - 24 III.PROJECT DEVELOPMENT REGULATIONS 24 – 31 25-32 IV.PROJECT ENVIRONMENTAL REQUIREMENTS 32 – 34 33-35 V.TRAFFIC AND ENGINEERING REQUIREMENTS 35 – 36 36-37 VI.UTILITIES REQUIREMENTS 37 – 43 38-39 ATTACHMENTS: EXHIBIT A-1 MASTER DEVELOPMENT PLAN EXHIBIT A-2 TABLE 12.B.3 EXHIBIT A-3 PERMITTED USES – SIC CODES EXHIBIT A-4 CROSS SECTIONS-NORTH BUFFER EXHIBIT A-5 SIGN DEVIATION EXHIBIT EXHIBIT A-6 REQUIRED YARD PLAN 2 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1451 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1. PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of: CITY GATE COMMERCE PARK. 1.2. LEGAL DESCRIPTION The subject property is 291.55 419.60 acres in area. The legal description follows this page. 1.3. PROPERTY OWNERSHIP Title to the property is currently in Land Trust #5360, held by Citizens & Southern Trust Company (Florida) National Association, Naples, Florida, P.O. Box 1857, Naples, Florida 33939-1857. The land trust constitutes a unified ownership vehicle. Decisions regarding trust management are made by a single trustee in accord with management guidelines approved by a majority of the trust beneficiaries. The successor in title and developer are Citygate Development, LLC, 850 NWN, LLC and CGII, LLC, Florida limited liability companies (here and after “City Gate Successor”). 3 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1452 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted JOHNSON ENGINEERING, INC. Sheet 1 of 2 LEGAL DESCRIPTION EXISTING CITY GATE COMMERCE PARK MPUD BOUNDARY 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 NORTHEAST CORNER OF LOT 18, WHITE LAKE CORPORATE PARK, PHASE THREE; THENCE SOUTH 89°00'01" 4 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1453 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted 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. SPORTS COMPLEX EXTENSION (LOT AND STREETS) A PARCEL OF LAND LYING IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED SECTION 36, THENCE S.00°30'14"E. ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER (NW 1/4) OF SECTION 35, A DISTANCE OF 335.24 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE N.89°13'01"E. DEPARTING SAID EAST LINE, A DISTANCE OF 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 A DISTANCE OF 1,232.62 FEET; THENCE S.00°27'26"E., A DISTANCE OF 1,815.14 FEET: THENCE S.89°13'01"W., A DISTANCE OF 2,247.89 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 36; THENCE N.01°57'22''W. ALONG SAID WEST LINE, A DISTANCE OF 264.22 FEET; THENCE N.86°27'31 "E. DEPARTING SAID WEST LINE, A DISTANCE OF 66.98 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE AFOREMENTIONED SECTION 35; THENCE N.00°30'14"W. ALONG SAID EAST LINE, A DISTANCE OF 2,334.07 FEET TO THE POINT OF BEGINNING. CONTAINING 5,577,869 SQUARE FEET OR 128.05 ACRES, MORE OR LESS. ALSO DESCRIBED AS: UPDATED CITY GATE COMMERCE PARK OVERALL MPUD BOUNDARY 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, 5 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1454 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted 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 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. 6 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1455 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted GENERAL DESCRIPTION OF PROPERTY AREA A.The 291.55 419.60-acre tract lies in the Northeast quadrant of the I-75 / CR 951 Interchange. The property is bounded on the west by CR 951 and on the north by the Golden Gate Canal. B.The property is zoned A-2 Agricultural, proposed to be rezoned to PUD – Planned Unit Development. The property lies in the Collier County Water Sewer District. 1.4. PHYSICAL DESCRIPTION The property elevation ranges from about 10.3 feet to 12.2 feet above mean sea level, averaging about 11 feet. Wetlands on the property are limited to about 28.5 acres, most of which has been previously subjected to extended periods of over drainage and exotic vegetation invasion. Most of the property is vegetated with pine and associated upland plants. Soil types on the property include Arzell, Keri, and Pompano Fine Sand. Water management for the City Gate Commerce Park project is to be the lake and natural surface detention type. Surface water discharge will be to the north into the Golden Gate Canal through a single control structure. 1.5. STATEMENT OF COMPLIANCE The original PUD, Ordinance No. 88-93, was found consistent with the Comprehensive Plan in effect at that time (Ordinance No. 83-54). Development of City Gate Commerce Park as a Planned Unit Development will comply with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The Comprehensive Plan Policy which most specifically relates to the City Gate project is Policy “D” of Objective 3: 7 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1456 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted OBJECTIVE 3 An appropriate mix of land uses to provide for the present and future needs of Collier County. D.Guide economic development to encourage a diversification of the county’s economic base and to meet the employment needs of present and future residents. Compliance with Comprehensive Plan rests on the following factors: 1.The City Gate property meets the Comprehensive Plan rating point system with respect to the availability of public services and facilities. 2.The planned land use mix conforms to the Future Land Use Map. 3.All project improvements will comply with applicable regulations. 4.The project will constitute a major work center with an excellent working environment. 5.The project will be served by a complete range of services and facilities. This The 2018 PUD Amendment is was found and this 2019 PUD Amendment is found consistent with the current Comprehensive Plan (Ordinance No. 89-05, as amended) as the uses and intensities are consistent with Future Land Use Element Policy 5.3 and the Future Land Use Map designations in which the PUD is located. 8 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1457 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted SECTION II PROJECT DEVELOPMENT 2.1. PURPOSE The purpose of this Section is to describe the basic development objectives and to generally describe the project development plan. 2.2. GENERAL A.City Gate Commerce Park is planned as a mixed use, non-residential, commercial/industrial/office/related services project. The uses on some, if not all, of the sites nearest CR 951 west of the F. P. & L. easement will provide a variety of commercial services. The remainder of the sites, both east and west of the F. P. & L. easement, will be utilized by commercial and industrial firms associated with technological research, product development, light manufacturing, storage and distribution, offices, recreational and a wide variety of utilitarian and commercial support businesses. City Gate Commerce Park will provide sites which accommodates a variety of entrepreneurial activities in a physical setting which is spacious, attractive, and free of the nuisance type characteristics which are typical of industrial districts of the past. A primary development objective of City Gate is that the structures, the amenities, and the natural and installed landscape be attractive and constitute a pleasant, satisfying employment environment. B.Development of this project shall be governed by the contents of this document and applicable sections of the Collier County Zoning Ordinance, at the time of development order application for Site Development Plans (SDP) or Subdivision Construction Plans and Plat (PPL) approval. C.Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Zoning Ordinance, at the time of development order application for SDP or Plat approval. 9 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1458 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted D.“SPORTS COMPLEX PROJECT” – References herein to the “Sports Complex Project” shall mean the Sports Complex Lot and Sports Complex Extension and any abutting property within the City Gate Commerce Park MPUD which is owned and/or leased by Collier County, as a unified plan of development. Notwithstanding the foregoing, the Sports Complex Project as defined herein will not include the Lake and Recreational Tract. 2.3. PROJECT PLAN A.The Master Development Plan for the project was indicated on Map (H) of the Application for Development Approval and is an integral part of this PUD Document. A reduced version of the updated and amended Master Development Plan is attached at the rear of this document, as Exhibit A-1. Elements of the Master Development Plan include: Land Use Acres Streets ± 23.16 Lake and Recreational Tract ± 13.84 F. P. & L. Easement ± 10.00 Sports Complex Lot ± 61.00 (±2.50-acres) ± 65.83 (±2.50 acres) Building sites ± 183.55 (±2.50-acres) ±178.72 (± 2.50 acres) Sub- Total (Existing City Gate Commerce Park MPUD Boundary) ± 291.55 Sports Complex Extension (Lot) ± 113.13 Sports Complex Extension (Streets) ±14.92 Sub- Total (Sports Complex Extension - Lot and Streets) ±128.05 PUD Total ±419.60 Project Development, PPLs and SDPs, shall conform to the approved Master Development Plan in all material respects. 10 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1459 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted B.In addition to the plan elements shown on the Master Development Plan, such easements and rights-of-way shall be established as may be necessary or desirable for the service, function or convenience of the project. 2.4. MAXIMUM DEVELOPMENT INTENSITY A.MPUD (EXLUDING THE SPORTS COMPLEX EXTENSION) i.Development intensity permitted within City Gate Commerce Park shall be limited to the amount of building development set forth in Table 12.B.3., as Exhibit A-2, reproduced from the City Gate Commerce Park A.D.A., and attached at the rear of this document. The proposed development 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 (see Table 12.B.3). The amount of building development devoted to the various land uses which will occupy the project may vary from the estimates incorporated in the A.D.A., but the aggregate amount of building development indicated by A.D.A. Table 12.B.3. may not be exceeded. ii.The MPUD’s total trips shall not exceed 5,999 net external two-way PM peak hour trips, as calculated in the approved A.D.A. (“Approved Trips”). In any development scenario, the MPUD’s total trips shall not exceed the Approved Trips based on the use codes in the ITE manual on trip generation rates in effect at time of application for SDP, SDPA or Subdivision Plat approval within this portion of the MPUD. B.iii. HOTEL AND MOTEL The proposed hotel and motel rooms in Section 2.4.A may be increased to a maximum of 950 1,250 rooms, subject to the traffic cap in Section 2.4.A. B.SPORTS COMPLEX EXTENSION The Sports Complex Extension 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 MPUD. 11 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1460 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted 2.5. PLAN APPROVAL REQUIREMENTS A.PURPOSE The Master Development Plan indicates the basic nature of development permitted for the project as a whole, consisting of a road network, a centrally located lake, a system of pedestrian ways, a lake front amenity site and corridors of development sites along which individual development parcels will be established. Installation of required streets, utilities, etc. may occur either in the entirety, or in a series of increments. The purpose of the plan approval requirements is to provide a mechanism for the county staff to review detailed development plans and to determine if those plans will comply fully with commitments established by the PUD document, DRI Development Order, County Zoning Regulations and all other applicable standards and regulations. County Staff approval of detailed development plans must be obtained prior to the construction of project infrastructure. B.SITE DEVELOPMENT PLAN APPROVAL REQUIRED Prior to the issuance of building permits for a structure or structures on any development site, Site Development Plan approval must be obtained in accordance with the Land Development Code. The Site Development Plan must be in substantial compliance with the project Master Development Plan, as that plan may be modified by Collier County from time to time. In accordance to the Land Development Code, the Site Development Plan review and approval process shall include consideration of architectural design, quality and building materials suitability as those matters relate to the development quality commitments set forth in Section 2.2.A. of this document. Nothing in the LDC shall be deemed to prohibit the use of murals or art on walls and/or exterior walls of buildings or art / sculptures within the Sports Complex Project, subject to Board of Collier County Commissioners approval. 12 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1461 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted C.RECORD PLAT APPROVAL REQUIREMENTS Prior to recording the record plat, final plans of the required improvements shall be approved by the Planning/Zoning Director and appropriate other Collier County Departments and Officials to insure compliance with the project Master Development Plan, the Collier County Comprehensive Plan, the Collier County Subdivision Regulations, and platting laws of the State of Florida. 2.6. EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS The following requirements shall be waived or modified: A.Article X, Section 16: Sidewalks shall be required on at least one side of all internal project streets. B.Article X, Section 19: Street name signs shall be approved by the County Engineer but need not meet the U.S.D.O.T.F.H.W.A. Manual of Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived. C.Article XI, Section 10: The requirement to install monuments in a typical water valve cover shall be waived if all monuments are installed in accord with state standards and in a manner approved by the County Engineer. D.B. Article XI, Section 21: The requirement for blank utility casings shall be waived if all required utilities are installed prior to construction of the street base and pavement. 13 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1462 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted 2.7. DEVIATIONS TO COUNTY LDC REGULATIONS (See Exhibit A-5 Sign Deviation and Exhibit A- 1 Master Development Plan, page 2 of 6 4 of 13) (The following deviations are being sought from the latest version of the Collier County LDC at the time of the adoption of this PUD Amendment Ordinance and shall valid through any subsequent and superseding LDC versions. Any Sign exceeding the requirements of PUD Section 2.7 3. thru Section 2.7 12. shall be approved by a supermajority vote of the Board of Collier County Commissioners.) See also, Section II – Paragraph 2.2.D. above. 1.INTENTIONALLY OMITTED 2.INTENTIONALLY OMITED DIRECTORY SIGN – MPUD (PLATTED LOT 7, PHASE ONE) 3.Deviation #3 seeks relief from LDC Section 5.06.04 F.1 “On-Premise Signs,” which requires for single-occupancy or multiple-occupancy lots, having frontage of 150-feet or more on a public street, or combined public street frontage of 220 linear feet or more for corner lots, to have one pole or ground sign; and requires a minimum separation of 1,000-feet as measured along the street frontage, and all setback requirements are met, to instead allow a)one additional directory sign for the City Gate Commerce Park MPUD on Lot 7, located within City Gate Commerce Park Phase One Plat, as recorded in Plat Book 41, pages 6-7, of the Public Records of Collier County, as shown on the attached Master Development Plan Exhibit A-1, page 2 of 5 4 of 13; and b)a minimum separation of 100-feet from any on-site monument signs. 14 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1463 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted FLAGS AND FLAGPOLES – SPORTS COMPLEX PROJECT (ON-SITE) 4.Deviation #4 seeks relief from LDC Section 5.06.04 F.8.a “Flags and Flag Poles,” which requires that a flagpole shall not exceed 50 feet in height from the finished grade, nor extend more than 20 feet from any building to which it is attached, to instead allow, within the Sports Complex Project, a)a maximum height of 100-feet from finished grade; b)extension up to 40-feet from any building to which it is attached; c)up to 100 flag poles separated by a minimum distance of 100-feet within the Sports Complex Project, except flag poles attached to the stadium structure are not subject to the 100-foot minimum separation; and d)The actual height of future structures on the Sports Complex Project shall be equal to the actual structure height plus the flagpole height. For example, the maximum actual structure height of 85-feet plus the maximum flagpole height of 40-feet equals an overall maximum height of 125-feet. 5.Deviation #5 seeks relief from LDC Section 5.06.04 F.8.b “Flags and Flag Poles,” which permits non-residential developments at least 10 acres in size having multiple entrances, may have up to 3 flagpoles at each entrance that provides ingress/egress off an arterial or collector road, provided that there is a minimum 300-foot separation between entrances, to instead allow six (6) flagpoles at each entrance within the Sports Complex Project. The three flagpoles that are clustered are not subject to the 100-foot minimum separation in Deviation #4. 15 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1464 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted DIRECTIONAL SIGNS – MPUD / SPORTS COMPLEX PROJECT (WITHIN MPUD) 6.Deviation #6 seeks relief from LDC Section 5.06.04 F.9 “On-Premise Directional Signs,” which requires that directional signs shall not exceed 6 square feet in area, 4 feet in height, be limited to two (2) at each vehicle access point and a maximum of 4 internal to the MPUD, and LDC Section 5.06.04 G.2.e “Off-Premise Directional Signs” which requires that directional signs be limited to within 1,000 feet from the building, structure, or use for which the sign is displayed: to instead allow combined off-premises and on-premises directional signs, for the MPUD and the Sports Complex Project, within the MPUD’s internal public or private right-of-way, or abutting thereto (but more than 200 feet from Collier Boulevard) as follows, a)provide no more than 12-square feet in area per sign; b)directional signs shall not exceed 8-feet in height; c)up to seven (7) directional signs, which must be separated by a minimum distance of 250- feet; and d)directional signs may be more than 1,000 feet from a building, structure, or use (including the Sports Complex Project) for which the sign is displayed. 7.Deviation #7 seeks relief from LDC Section 5.06.04 F.9.a “On-Premise Directional Signs,” which limits on-premise directional signs internal to a subdivision or development to maintain a minimum setback of 10-feet from property lines, to instead allow a minimum setback of 0- feet. This deviation shall apply to on-premise directional signs along public or private rights- of-way, throughout the City Gate Commerce Park MPUD. This deviation does not apply to directional signage on the Sports Complex Project. 16 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1465 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted POLE MOUNTED SIGN WITH DISPLAY – SPORTS COMPLEX PROJECT 8.Deviation #8 seeks relief from LDC Section 5.06.04 G.1 “Off-Premises Directional Signs,” which permits off-site directional signs only in nonresidential zoning districts, agricultural districts and designated nonresidential components of PUDs, to instead permit one (1) off- site identification, promotional and sponsorship sign, for the Sports Complex Project, within the Collier Boulevard (C.R. 951) right-of-way with further Board of County Commissioners approval by simple majority vote of the location. Please refer to the Master Development Plan Exhibit A-1, page 2 of 5 4 of 13, and the Sign Deviation Exhibit A-5. 9.Deviation #9 seeks relief from LDC Section 5.06.04 G.2 “Off-Premises Directional Signs,” which allows no more than 2 one-sided or 1 double-sided off-premise directional signs be permitted for a building, structure, or use which is not visible from the roadway serving such building, structure, or use, provided that each sign shall not be more than 12 square feet in area, the sign shall not be more than 8 feet in height above the lowest center grade of the roadway adjacent to the sign location, the sign shall not be located closer than 10 feet to any property line, the applicant shall submit with the permit application and the sign shall be located no more than 1,000 feet from the building, structure , or use for which the sign is displayed, to instead permit a sign for the Sports Complex Project that: a)shall not exceed 350-square feet in area (not to exceed 9-feet by 15-feet in display area for each side of the sign); b)shall not exceed 25-feet in height above the lowest center grade of the roadway adjacent to the sign location; c)shall not be located closer that 0.5-feet from any property line; and d)shall not be located more than 4,500 feet from Sports Complex Project; and e)shall be abutting to the MPUD boundary. 10.Intentionally Omitted. 17 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1466 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted MONUMENT SIGN – MPUD / SPORTS COMPLEX PROJECT 11.Deviation #11 seeks relief from LDC Section 5.06.04.G “Off-Premises Directional Signs,” which permits a sign no more than 12-square foot sign in area, to instead allow for a combined ground/monument sign for the Sports Complex Project and the City Gate Commerce Park MPUD as follows: a)64-square feet in area; b)location in the road right-of-way, labeled City Gate Boulevard North on Exhibit A-5, within the traffic separator; and c)more than 1,000 feet off-site from the Sports Complex Project. Once City Gate Boulevard North is accepted by the Board of County Commissioners as a public road, any structural changes to the directional sign shall require a right-of-way permit. The signage shall be perpetually maintained by the City Gate Commerce Park Master Property Owner’s Association, Inc. or its Successor. Collier County reserves the right to remove the sign to accommodate road expansion of City Gate Boulevard North. SIGNS – SPORTS COMPLEX PROJECT ONLY – ON PREMISES 12. Deviation #12 seeks relief from LDC section 5.06.05 A.3 “Sign Exemptions,” which permits signs to be located on fences or walls surrounding athletic fields, or within sports arenas, stadiums and the like, not to exceed 32 square feet in size, per side, per sign and that signs also be oriented along the fence or wall to face the fields(s) or playing area, and away from any adjacent public or private roads, to instead allow directional, advertisement, promotional, display, and sponsorship signage, without limitations for type of, location, size, or number, within the Sports Complex Project. The projection of light from signs to the North shall be prohibited. External Projection Sign Limits •Lighted signs are allowed facing to the East, West, and South and cannot be animated; •Lighted signs facing to the North are allowed, cannot be taller than 25-feet, and cannot be animated; and •Up to three (3) 15-feet by 40-feet (surface area) signs may be installed for naming rights; signs can be lighted, but not animated. 18 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1467 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted PARKING - SPORTS COMPLEX PROJECT ONLY 13.Deviation #13 seeks relief from LDC Section 4.05.02 B.1 “Parking Lots and Spaces - Surfacing Standards,” which requires that parking lots, driveways and access aisles be paved …, to instead allow for grassed driveways and access aisles, in grassed parking areas, for the Sports Complex Project. 14.Deviation #14 seeks relief from LDC Section 4.05.04 G Table 17 “Parking Space Requirements,” which permit grassed parking for not more than 50 percent of the provided parking for the facilities planned for the Sports Complex, to instead allow for the Sports Complex Project up to 75 percent of the provided parking spaces to be grassed parking. 15.Deviation #15 seeks relief from LDC Section 4.06.03 B.1 “Landscaping in Vehicular Use Areas,” which requires at least ten percent of the amount of vehicular use area on-site shall be devoted to interior landscaping areas, to instead allow no landscaping requirements in grassed vehicular use areas within the Sports Complex Project. This deviation shall only apply to grassed parking areas. 16.Deviation #16 seeks relief from LDC Section 4.06.03 B.3 “Landscaping and Vehicular Use Areas,” which requires all rows of parking spaces shall be bordered on each end by curbed landscape islands, to instead remove the requirement for landscape islands, when located within grassed parking areas within the Sports Complex Project. This deviation shall only apply to grassed parking areas. 17.Deviation #17 seeks relief from LDC Section 4.06.03 B.4 “Landscaping and Vehicular Use Areas,” which requires interior landscaping areas shall require protection from vehicular encroachment through appropriate wheel stops or curbs or other structures, to instead allow for no wheel stops, curbs or other structures within the Sports Complex Project. This deviation shall only apply to grassed parking areas. 19 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1468 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted LANDSCAPE BUFFERS - SPORTS COMPLEX PROJECT - EAST BOUNDARY 18.Deviation #18 seeks relief from LDC Section 4.06.02 A “Buffer Requirements,” which requires that developments shall be buffered for the protection of property owners from land uses, to instead eliminate the landscape buffer requirement along the eastern property boundary of the Sports Complex Lot, provided there is unified ownership of the Sports Complex Lot and the abutting property to the east, where the development is jointly planned Sports Complex Extension. In conjunction with the off-site native vegetation requirements (See Deviation #21 in this document), the buffer requirements (acreage of typical retained native vegetation) shall be shown on the first site development plan (SDP) application, but may be relocated with a site development plan amendment (SDPA) application in the future. LANDSCAPE BUFFERS – MPUD 19.Deviation #19 seeks relief from LDC Section 4.06.02 A “Buffer Requirements,” which requires a separate buffer tract or easement on the final subdivision plat, to instead remove this requirement from public or private rights-of-way, within any existing or subsequent Subdivision Plat (PPL), within the City Gate Commerce Park MPUD, east of the F. P. & L. easement. 20.Deviation #20 seeks relief from LDC Section 6.06.01 O.5 “Landscape Buffers,” which requires a separate buffer tract or easement on the final subdivision plat, to instead remove this requirement from public or private rights-of-way, within any existing or subsequent Subdivision Plat (PPL), within the City Gate Commerce Park MPUD, east of the F. P. & L. easement. 20 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1469 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted RETAINED NATIVE VEGETATION - SPORTS COMPLEX PROJECT LOT ONLY 21.Deviation #21 seeks relief, for the Sports Complex Project Lot only, from the PUD’s Required Yard Plan, which requires native vegetation retention to be on-site, and LDC Section 3.05.07 H.1.f “Off-Site Vegetation Retention,” to allow at a minimum 50% of the Required Yard Plan to be completed on-site (MPUD) and at a maximum 50% to be completed off-site (currently outside of the MPUD boundary). To accomplish such, a minimum of 50% of the Required Yard Plan (for the Sports Complex Project Lot), shall be shown on the first site development plan and concurrently a unified site concept plan shall designate the additional required off-site Yard on the abutting parcel, which shall be under unified control. This shall satisfy the Required Yard Plan associated with the Sports Complex Project Lot. The off-site native vegetation shall be shown on the first site development plan (SDP) application but may be relocated with a site development plan amendment (SDPA) application in the future. CARETAKER RESIDENCES – MPUD INCLUDING SPORTS COMPLEX PROJECT 22.Deviation #22 seeks relief from LDC Section 5.03.05 A “Caretaker Residences,” which requires that the residence shall be constructed as an integral part of the principal structure and shall be entered from within the principal structure, to instead allow for a maximum of five (5) seven (7) attached or detached caretaker’s residence(s), limited to locations East of the F. P. & L. Easement. WATER MANAGEMENT – MPUD INCLUDING SPORTS COMPLEX PROJECT 23.Deviation #23 seeks relief from LDC Section 6.05.01 “Water Management Requirements,” which requires a complete storm water management system shall be provided for all areas within the subdivision or development, including lots, streets, and alleys, to instead permit water management detention and or retention areas, for the City Gate Commerce Park, to be located outside of the MPUD boundary per review and acceptance of the South Florida Water Management District. Collier County will take water management to the abutting County owned property as a future co-permittee in the South Florida Water Management District Environmental Resource Permit (SFWMD ERP). Intentionally Omitted. 21 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1470 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted ARCHITECTURAL REVIEW STANDARDS – SPORTS COMPLEX PROJECT 24.Deviation #24 seeks relief from LDC Section 5.05.08 “Architectural and Site Design Standards,” which provide architectural guidelines, to instead allow for the deviation process in Section 5.05.08 G. of the LDC for buildings located within the Sports Complex Project. PRESERVATION - SPORTS COMPLEX EXTENSION ONLY 25.Deviation #25 seeks relief from LDC Section 3.05.07 H.1.f.i “Purpose and Intent. The purpose of this subsection f. is to identify the criteria to satisfy on-site preserve requirements off site. The intent of the on-site preserve requirement is to retain, maintain, and preserve existing native vegetation on-site as provided for in the Conservation and Coastal Management Element of the GMP,” to allow 9.28-acres of the Sports Complex Extension’s preserve requirement, located on the abutting County owned property, to be treated as on-site so there can be one contiguous 13.65-acre preserve. Refer Exhibit A-1 Master Development Plan, page 3 of 13. 26.Intentionally Omitted. 27.Intentionally Omitted. 28.Intentionally Omitted. 29.Intentionally Omitted. LANDSCAPE BUFFERS – SPORTS COMPLEX EXTENSION ONLY 30.Deviation #30 seeks relief from LDC Section 4.07.02 B.2 PUD “Design Requirements,” which requires PUDs to provide landscape buffers along the perimeter of PUD boundaries, to instead allow no landscape buffers along the perimeter of the Sports Complex Extension if development with abutting properties is jointly planned. 22 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1471 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted WALL REQUIREMENTS – MPUD 31.Deviation #31 seeks relief from LDC Section 5.03.02 D.1 “Fences and Walls,” which allows fences and walls within PUDs to be a maximum height of 8’, to instead allow a wall up to 14’ in height along the north MPUD boundary where it abuts the Golden Gate Canal. Refer to Exhibit A-4, page 2 of 2, of the PUD Document. LANDSCAPING – MPUD (EXCLUDING THE SPORTS COMPLEX EXTENSION) 32.Deviation #32 seeks relief from LDC Section 4.05.04. C.“Parking Space Requirements,” which requires double landscaping in commercial vehicular use areas of a minimum of 80 parking spaces, if provided parking is in excess of 120% of the LDC requirements, to instead allow parking in excess of 120% of the LDC requirements without the need to provide additional vehicular use landscaping. PARKING – MPUD 33.Deviation #33 seeks relief from LDC Section 5.05.08 F.2.b.ii.b “Parking for Projects,” which allows no more than 80 percent of the off- street parking requirement, for buildings on corner lots, to be located between a primary façade and the abutting street, with no single side to contain more than 65 percent of the total required parking, to instead allow more than 80 percent of the off-street parking requirement to be located between a primary façade and the abutting street, and allow more than 65 percent of the total required parking to be located on any single side of the building. This deviation does not apply to the “Sports Complex Extension” site. 2.8 STREETS TO BE OPEN TO THE PUBLIC Except as otherwise agreed between County and owner or as determined by the Board of Supervisors of the Community Development District, all streets within the project shall be common property of the project landowners and shall in all cases be open to travel by the public. 23 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1472 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted 2.9 IMPACT FEES The City Gate Commerce Park project shall be subject to all impact fees applicable to it at the time of project approval. In the event future impact fees are adopted to assist with various public service facility financing, such fees shall be applicable to the City Gate Commerce Park project in accord with the terms of the ordinances which impose the fees. 2.10 P.U.D. DOCUMENT COMPLIANCE Responsibility for compliance with the terms of this PUD document, the DRI Development Order and all other applicable public regulatory requirements shall initially be that of the project developer or his successor(s) in title. Prior to the developer or his successor(s) in title being relieved of this responsibility, a project management entity shall be established and given responsibility for continuing maintenance of the project infrastructure, lake, water management facilities, common open space, streets, etc. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is the City Gate Commerce Park Master Property Owner’s Association, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner’s agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 24 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1473 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted SECTION III PROJECT DEVELOPMENT REGULATIONS 3.1. PURPOSE The purpose of the Section is to set forth the development regulations applicable to the City Gate Commerce Park project. 3.2. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A.Principal Uses (See Exhibit A-3, Permitted Uses-SIC Codes): 1.WEST OF THE FLORIDA POWER & LIGHT EASEMENT: a.One gasoline service station or fuel dispensing facility b.Hotels or motels including integral cocktail lounges c.Retail sales and personal service businesses. 2.EAST OF THE FLORIDA POWER & LIGHT EASEMENT: a.One gasoline service station or fuel dispensing facility b.Light manufacturing and/or processing c.Research, testing, product development d.Service and repair businesses e.Showrooms and sales centers in association with permitted uses f.Storage and distribution uses g.Publishing, reproduction, communications h.Retail sales and personal service businesses 25 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1474 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted 3.SPORTS COMPLEX PROJECT (See Section II - Paragraph 2.2.D.): a.Amusement and Recreational Services, Field House/Event Center, and Stadium b.Recreational uses designed and operated to serve athletes and/or the public. The Sports Complex Project shall not lease or sell any property / facility to a professional sports team / franchise. The facility shall never be managed, owned, or operated by a professional sports team. Professional teams may lease the facility for events and games by Board of County Commissioner’s approval. c.Passive Recreation (such as, but not limited to, walking, hiking and/or biking trails). d.Any uses that are complimentary to and in support of the Recreational uses. e.Hours of Operation for Outdoor Activities (May not Exceed): 1.Sunday through Thursday – 7AM to 10PM (weekday holidays, recognized by Collier County Government, are subject to the Friday and Saturday time schedule below) 2.Friday and Saturday – 7AM to 12AM (Midnight) 3.Weather related delays will extend the hours of operation accordingly. 4.“A Special Events Permit” to exceed the hours listed above shall be approved by the Board of Collier County Commissioners. f.Any stages or amplified sound (i.e. concerts) will face the South g. Dark Skies - Outdoor Lighting Basics shall apply 4.PERMITTED USES – PRESERVE AREAS (SPORTS COMPLEX EXTENSION) a. Water Management, as allowed by the LDC b. Passive Uses, as allowed by the LDC c. Uses subject to LDC Section “Allowable Uses within County Required Preserves”. 26 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1475 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted 4. 5. BOTH EAST AND WEST OF THE FLORIDA POWER & LIGHT EASEMENT: a. Restaurants, including fast food restaurants b. Utilitarian, recreational, educational, and medical uses and services c. Business and professional offices; financial institutions d.Hotels and Motels e.Any other use which is determined by the Board of Zoning Appeals to be comparable and/or compatible with the listed permitted uses. B.Accessory Uses: 1.Accessory uses and structures which are customarily associated with the permitted uses 2.Project sales and administrative offices and facilities 3.Signs as permitted by the Collier County Zoning Ordinance in effect at the time of application for the sign permit and as subject to Section 2.7 in this document. 4.A maximum of five (5) seven (7) caretaker’s residences, within the PUD, subject to Section 2.7 of this document. 5.A perimeter security fence and/or wall, not to exceed 8 feet in height, except along the north MPUD boundary where it abuts the Golden Gate Canal. Refer to Exhibit A-4, page 2 of 2, of the PUD Document. 6.Boat docks, decks, boardwalks and other similar passive recreational use within the Recreational and Lake Tract. 27 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1476 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted 3.3. DEVELOPMENT STANDARDS A.Minimum Parcel Size: West of F. P. & L. easement: 1 acre East of F. P. & L. easement: 2 1 acres B.Minimum Parcel Width: West of F. P. & L. easement: 150 feet East of F. P. & L. easement: 200 150 feet C.Minimum Yards: West of F. P. & L. easement: front, side and rear yards: 25 feet unless adjoining parcels are jointly planned, in which case the adjoining side yard requirements may be waived or modified during the SDP approval process. East of F. P. & L. easement: Front yard – 50 feet Rear yard – 50 feet Side yard – 25 feet, unless adjoining parcels are jointly planned, in which case the adjoining side yard requirements may be waived or modified during the SDP approval process. Sports Complex Project: Front yard – 50 feet Rear yard – 50 feet Yard (adjacent to White Lake Planned Unit Development) – 50 feet Side yard (all other required) – 25 feet, unless abutting parcels are jointly planned, in which case the abutting side yard requirements may be waived or modified during the SDP approval process. 28 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1477 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted Lots abutting the Lake and Recreational Tract (Tract RL) shall have the option to eliminate the rear or a portion of the rear Required Yard along the shared property boundary with Tract RL, provided that the total required native vegetation is met by expanding the remaining Required Yards within the lot seeking reduction along the lake bank. C-1. Setbacks to Preserve Areas (Sports Complex Extension): Principal Structures: 25’ Accessory Structures: 10’ In those instances (East and West of F. P. & L. Easement) where multiple buildings are to occur on a single site, yard requirements shall pertain only to the site boundaries, not to separation between buildings. On site multiple building separation adequacy shall be determined during the SDP approval process. No more than 20% of required yards may be devoted to vehicular drives and parking spaces within the City Gate Commerce Park MPUD. D.Minimum On Site Natural and/or Installed Landscape Area: West of F. P. & L. easement: 20% of gross site area East of F. P. & L. easement: 30% of gross site area The term “Landscape Area” is construed to include fountains, pools, ponds and other water features, walks, terraces, courtyards and other pedestrian spaces when such non-botanical features do not exceed 15% of the required area. E.Maximum Building Height: West of the F. P. & L. Easement: Zoned Height: Platted Lots Abutting the Golden Gate Canal: 36-feet All Other Platted Lots: 60-feet 29 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1478 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD)   Underlined text is added; Struck through text is deleted  Actual Height:  Platted Lots Abutting the Golden Gate Canal: 43‐feet   All Other Platted Lots:    67‐feet  East of the F. P. & L. Easement:  Zoned Height:  Platted Lots Abutting the Golden Gate Canal: 36‐feet  All Other Platted Lots:    60‐feet  Actual Height:  Platted Lots Abutting the Golden Gate Canal: 43‐feet   All Other Platted Lots:    67‐feet  The height of poles and netting, related to safety for sports and recreational activities,  is limited to a maximum of 150‐feet and shall be permitted south of City Gate  Boulevard North only.  Sports Complex Project:  Zoned Height:  75‐feet  Actual Height: 85‐feet; except flagpoles may be extended 40‐feet above  the Actual Height per Deviation #4 within this document.  Taller buildings may be authorized upon application, following advertised public  hearings with due public notice by the Collier County Planning Commission and the  Board of County Commissioners, a recommendation by the Collier County Planning  Commission, and approval by the Board of County Commissioners.  Prior to  authorizing a taller building, determination shall be made by the County that the  nature of the use to which the building is to be devoted warrants the additional  height, that the taller building will not depreciate the intended character and quality  of the overall City Gate project, and that it will not have negative impacts upon  surrounding properties or be detrimental to the public welfare.    The foregoing Maximum Building Height shall also apply to lots west of the Sports  Complex Project, east of the FPL easement and south of the northern tract line of the  Lake and Recreational Tract, that include uses that are compatible and  complementary to the Sports Complex Project.  (Refer to Exhibit A‐1, Page 4A of 13).   30 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1479 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD)   Underlined text is added; Struck through text is deleted  F.Minimum Principal Building Floor Area: 1,000 square feet (Gasoline service stations are exempt from this standard.) G.Merchandise Storage and Display:  Outdoor storage and display of merchandise is allowable east of the F. P. & L. Easement, pursuant LDC Section 4.02.12. H.Utilities:  Electrical, telephone and television service lines shall be placed underground.  Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and screened so as not to be visible from a street right‐of‐way or an adjoining property. I.Parking/Loading:  Off‐street parking and loading spaces shall be provided in accord with the standards of the Collier County Zoning Ordinance in effect at the time of building permit application.  Parking and loading facilities shall be so arranged that backing into, or out of, a street right‐of‐way is unnecessary.  Subject to Section 2.7 in this document. J.Performance Standards: Noise, odor, vibration, glare (as differentiated from general illumination), smoke and dust readily detectable by human senses at property boundary lines shall not exceed the background levels characteristic of retail commercial areas.  In the event some or all of these performance characteristics are regulated by applicable federal, state, and/or local law, such regulations shall control. Uses which generate special or hazardous waste shall not be established or permitted to operate unless definitive plans for dealing with the waste product have been approved by all agencies with jurisdiction over the matter.  Further, said uses shall be governed by all applicable federal, state, and/or local laws as may be adopted or amended from time to time. The future performance characteristics of a given land use are often not predictable with accuracy at the time of building permit issuance.  The above listed performance standards not only apply at the time land uses are initiated, but are continuing performance obligations, unless overridden by applicable federal, state, and/or local law. 31 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1480 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted K.Golden Gate Canal Buffer requirements: Development of sites which abut the Golden Gate Canal shall include installation of landscape and/or structural buffers which insure that residentially zoned properties on the north side of the canal are not subjected to inappropriate views. Buffers shall be shown on site development plans. In evaluating the buffer component of site development plans, the Planning/Zoning Director shall determine adequacy of the planned buffer, taking into account the nature of the planned site utilization, the character of the planned structures(s), and the presence of natural vegetation which will be left in place and which will contribute to the buffering function. At a minimum, the buffer adjacent the Golden Gate Canal shall comply with the cross sections provided within Exhibit A-4, attached hereto. The tree and shrub species, sizes, and spacing shall be approved during the Site Development Plan approval process. 32 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1481 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted SECTION IV ENVIRONMENTAL REQUIREMENTS 4.1. PURPOSE The purpose of the Section is to set forth the stipulations by the Environmental Advisory Council. The development of the project shall be subject to these stipulations: 4.2. GENERAL The provision for native vegetation retention requirements for this project are set forth in the Required Yard Plan, Exhibit 12 to the Determination of Vested Rights for City Gate Development of Regional Impact and PUD and an updated Required Yard Plan is attached as Exhibit A-6. 4.3. DEVELOPER REQUIREMENTS A.The developer shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have oriented to accommodate this goal. B.Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the reestablishment of native vegetation and habitat characteristics lost on the site during construction or due to past activities. C.All exotic plants, as defined in the County Code, shall be removed from development areas, open space areas, and preserve areas during each phase of construction. Following site development, a continuing maintenance program shall be implemented to prevent 33 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1482 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted reinvasion of the site by such exotic species. The maintenance plan, which describes control techniques and inspection intervals shall be submitted to and approved by the Natural Resources Management Department and the Community Development Division. D.If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to construction activities. E.To increase lake productivity and habitat values, lake side slope will be 4:1 out to a depth of 3’ from mean low water levels. Petitioner shall investigate vegetating littoral shelf areas with various native plant species. (upon request, NRMD can provide pertinent information concerning plant species) The lake within Tract RL was approved under Excavation Permit No. PL20180000161. F.Petitioner shall design and implement a program to prevent and/or reduce populations of noxious/exotic plant populations within the lake(s), specifically, but not limited to, preventing growth of hydrilla (Hydrilla verticillate), water hyacinth (Elchhornia crassipes), and to a (lesser degree) cattails (Typha latifolis);.this program will be subject to the review and approval of NRMD. G.Where applicable, due to development, components of plant communities will be transplanted within preserve areas and/or as landscape elements within the project. Examples of plant species appropriate for transplant would include sabal palms (Sabal palmetto), and butterfly orchids (Encyclia tampensis). H.Due to the concern of the use/generation of hazardous substances, all businesses proposed for the parcel must be subject to the review and approval of NRMD. 34 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1483 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted I.G. The 0.82-acres of retained or recreated native vegetation for City Gate Commerce Park - Phase One, shall be completed by Citygate Development, LLC prior to the next SDP application issuance within Phase One for the remaining undeveloped Phase One lots. Phase One retained or recreated native vegetation has been approved under ICP- PL20180002853. J.H. Lot 1 of City Gate Commerce Park - Phase Two Replat (PB 50 - PG 24), also known as the SFWMD Big Cypress Field Station or formerly known as Lots 5 and 6 – Phase Two, includes 0.42-acres of retained vegetation. This is included in the overall retained vegetation calculations shown within this document in Exhibit A-6, Pages 25-28. The Phase Two requirement equals 5.15-acres minus 0.42-acres, which equals 4.73-acres (remaining Phase Two required retained vegetation). I.SPORTS COMPLEX EXTENSION Protected plant species were observed during the listed species survey. Prior to site clearing a survey for protected plants shall be conducted. Listed plants that can be safely reached (8-feet or less in height) shall be collected from clearing areas and relocated into onsite preserves. Protected animal species observed on the property included one Big Cypress fox squirrel (BCFS). No BCFS nests were observed on the property. Prior to clearing activities, a BCFS survey will be conducted to search for BCFS and BCFS nests. If any nest structures are observed, the appropriate permitting with FWC will be completed prior to their removal. A Wildlife Habitat Management Plan, in accordance with U.S. Fish & Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWC) guidelines and recommendations, for all listed species on-site will be submitted at the time of first development order. 35 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1484 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted SECTION V TRAFFIC AND ENGINEERING REQUIREMENTS 5.1. PURPOSE The purpose of the Section is to set forth the traffic improvements requirements which the project developer must undertake as an integral part of the project development. 5.2. GENERAL Specific transportation conditions are found in the Developer Agreement by and between City Gate Successor and Collier County (December 1, 2009, recorded in OR Book 4517, Page 640 et seq.) and the Amendment to the Developer Agreement (June 23, 2015, recorded in OR Book 5198 Page 3989 et seq.) 5.3. DEVELOPER REQUIREMENTS A. Access to this site from CR 951 may present design problems due to the limited distance between Golden Gate Canal and the limited access right-of-way for I-75. Access drives onto CR951 shall be limited to the existing one which aligns with the water treatment plant access drive and one additional which may be located north of the existing access drive. B.The driveway to the water treatment plant shall be widened to a minimum of 24 feet if it is utilized as an access to the adjacent tracts. C.The close spacing of the CR 951/landfill access road intersection and the landfill access road/water plant entry drive intersection will cause traffic control problems as traffic volumes through the two intersections increase. In order to avoid unnecessary aggravation of those problems by traffic movements into and out of the commercial sites which are closest to the intersections, special attention shall be given to the location of the entry/exist drives when site development plan applications for sites abutting the 36 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1485 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted water plant access drive and the landfill access road are being reviewed. It shall be understood that the number of access points will be limited in number. D.Appropriate left and right turn lanes shall be provided on CR 951 and the landfill access road at all project accesses. Street lighting shall be provided at major access points per County requirements. E.Traffic signals shall be installed at CR951 access points when deemed warranted by the County Engineer. The signals shall be owned, operated, and maintained by the County. The City Gate project shall pay a fair share portion of the signal installation costs. F.The above improvements are considered “site related” as defined by Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. G.Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. H.An excavation Permit will be required for the proposed lake in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amended in the future. 37 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1486 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted SECTION VI UTILITIES REQUIREMENTS 6.1. PURPOSE The purpose of this Section is to set forth the potable water, irrigation water, and sewer utilities requirements which the project developer is committed to meet. 6.2. DEVELOPER REQUIREMENTS A.Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be maintained by the Developer, the assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County’s utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, county owned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. 38 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1487 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted B.All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. C.Data required under County Ordinance No. 80-112 showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER DEP permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. D.Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for this project. The reports shall list all design assumptions, demand rates and other factors pertinent to the system under the consideration. 39 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1488 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted MAP H EXHIBIT A-1 (PAGES 1-13) 40 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1489 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) LAKE ANDRECREATIONAL TRACTCITY GATE BOULEVARD SOUTHCITY GATE BOULEVARD NORTHCITY GATE BOULEVARD NORTHBRENNAN DRIVEFPL EASEMENTWHITE LAKEBOULEVARDCITY GATE DRIVECOLLIER BOULEVARDC.R.951INTERSTATE 75COLLIER BOULEVARDC.R.951GOLDEN 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. 00009496SHEET NO:PHASE ONELOT 7CITY GATE COMMERCE PARKMPUD EXHIBIT A-1 PAGE 1 OF 13:MASTER DEVELOPMENT PLANNREV. PER CC RAI COMMENTS - 12/09/20191.REVISIONS41 17.B.2 Packet Pg. 1490 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) LAKE ANDRECREATIONAL TRACTCITY GATE BOULEVARD SOUTHCITY GATE BOULEVARD NORTHCITY GATE BOULEVARD NORTHBRENNAN DRIVEFPL EASEMENTWHITE LAKEBOULEVARDCITY GATE DRIVECOLLIER BOULEVARDC.R.951INTERSTATE 75COLLIER BOULEVARDC.R.951ZONING: COLLIER COUNTYRECOVERY BUSINESS PARK IPUDLAND USE: COUNTY FACILITIESZONING:AGRICULTURALLAND USE:UNDEVELOPEDZONING: WHITE LAKE PUDLAND USE: DEVELOPED ANDUNDEVELOPED INDUSTRIALZONING: ESTATESLAND USE: CANALZONING: AGRICULTURALLAND USE: UNDEVELOPEDGOLDEN 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 ROWZONING: AGRICULTURALLAND USE: UNDEVELOPEDTEMPORARYCUL-DE-SACTYPE C LANDSCAPE BUFFERALONG NORTHERN PUD BOUNDARY(CONSISTENT WITH EXHIBIT A-4)20' TYPE D LANDSCAPEBUFFER ALONGCOLLIER BOULEVARD5' TYPE A LANDSCAPE BUFFERALONG PORTIONS OF SOUTHERN PUD BOUNDARYFOR INDUSTRIAL USE ONLY - TO BE EVALUATEDDURING SDP APPLICATION10' TYPE A LANDSCAPE BUFFERALONG PORTIONS OF SOUTHERNPUD BOUNDARYPOTENTIAL ACCESSPOINTSPOTENTIAL ACCESSPOINTS10' TYPE A LANDSCAPE BUFFERLAND USE TABLEWEST OF THE FPL EASEMENTRIGHT-OF-WAYLOTSTOTAL WEST36.45 AC7.18 AC29.27 ACEAST OF THE FPL EASEMENT [1]RIGHT-OF-WAYLOTS [2]LAKE AND RECREATIONAL TRACT30.90 AC159.45 AC13.84 ACTOTAL EAST383.15 AC[1] TOTAL REQUIRED NATIVE VEGETATION TO BERETAINED WITHIN LOTS = 30.56 ACRES[2] INCLUDES ±10.00 ACRES OF FPL EASEMENTTOTAL CITY GATE COMMERCE PARK PUD419.60 ACSPORTS COMPLEX65.83 ACMASTER 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. 00009496SHEET NO:(±2.50 AC)(±2.50 AC)PHASE ONELOT 7SPORTS COMPLEX EXTENSION113.13 ACNOTE: PRESERVES MAY BE USED TO SATISFY THELANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATIONREMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND4.06.05 E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANTMATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION3.05.07 (SPORTS COMPLEX EXTENSION ONLY)PRESERVE CALCULATIONSPORTS COMPLEX EXTENSIONPRESERVE REQUIRED:15% OF EXISTING NATIVEVEGETATION0.15 * 90.98 = 13.65 ACRESPRESERVE PROVIDED:13.65 ACRESNCITY GATE COMMERCE PARKMPUD EXHIBIT A-1 PAGE 2 OF 13:MASTER DEVELOPMENT PLANREV. PER CC RAI COMMENTS - 12/09/20191.REVISIONSNOTE: SEE SHEET 3 OF 13 FOR LOCATIONOF PRESERVE ON COUNTY OWNED 305PROPERTY CONTIGUOUS TO THIS MPUD.42 17.B.2 Packet Pg. 1491 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 1 PROPOSED ROWSPORTS COMPLEX EXTENSION POTENTIAL ACCESS POINTS POTENTIAL ACCESS POINTS 2 "COLLIER COUNTY 305" ABUTTING COLLIER COUNTY OWNED PROPERTY PROPOSED CANAL DIVERSION 3 PROPOSED ROWPROPOSED ROWSPORTS COMPLEX EXTENSION PRESERVE CC 305 PRESERVE PRESERVE SPORTS COMPLEX EXTENSION PRESERVE PROPOSED CANAL DIVERSION PRESERVE AREA ACRES 9.28 SPORTS COMPLEX EXTENSION PRESERVE PROVIDED LEGEND PROPOSED PRESERVE NOTE: SEE DEVIATION #25 PRESERVE CALCULATION SPORTS COMPLEX EXTENSION PRESERVE REQUIRED: 15% OF EXISTING NATIVE VEGETATION 0.15 * 90.98 = 13.65 ACRES PRESERVE PROVIDED: 13.65 ACRES CITY GATE COMMERCE PARK MPUD EXHIBIT A-1 PAGE 3 OF 13: MASTER DEVELOPMENT PLAN PRESERVE EXHIBIT NOTE: PRESERVE AREAS ARE CONCEPTUALLY SHOWN AND WILL BE DETERMINED AT THE TIME OF SDP PERMITTINGN REV. PER CC RAI COMMENTS - 12/09/20191. REVISIONSNOTE: PRESERVES MAY BE USED TO SATISFY THELANDSCAPE BUFFER REQUIREMENTS AFTER EXOTICVEGETATION 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 (SPORTS COMPLEX EXTENSION ONLY) SHEET NO: 4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 AREA #1 4.37 PRESERVE AREA ACRES TOTAL 19.42 "COLLIER COUNTY 305" ABUTTING COLLIER COUNTY OWNED PROPERTY PROPOSED PRESERVE PROVIDED AREA #3 19.42 TOTAL 13.65 AREA #2 PRESERVE CALCULATION COLLIER COUNTY 305 PRESERVE REQUIRED: 15% OF EXISTING NATIVE VEGETATION 0.15 * 129.46 = 19.42 ACRES PRESERVE PROVIDED: 19.42 ACRES 43 17.B.2 Packet Pg. 1492 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) LAKE ANDRECREATIONAL TRACTCITY GATE BOULEVARD SOUTHCITY GATE BOULEVARD NORTHCITY GATE BOULEVARD NORTHBRENNAN DRIVEFPL EASEMENTWHITE LAKEBOULEVARDCITY GATE DRIVECOLLIER BOULEVARDC.R.951INTERSTATE 75COLLIER BOULEVARDC.R.951GOLDEN 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-SACTYPE C LANDSCAPE BUFFERALONG NORTHERN PUD BOUNDARY(CONSISTENT WITH EXHIBIT A-4)20' TYPE D LANDSCAPEBUFFER ALONGCOLLIER BOULEVARD5' TYPE A LANDSCAPE BUFFERALONG PORTIONS OF SOUTHERN PUD BOUNDARYFOR INDUSTRIAL USE ONLY - TO BE EVALUATEDDURING SDP APPLICATION10' TYPE A LANDSCAPE BUFFERALONG PORTIONS OF SOUTHERNPUD BOUNDARYPOTENTIAL ACCESSPOINTSPOTENTIAL ACCESSPOINTS10' TYPE A LANDSCAPE BUFFER11312161715CITY GATE COMMERCE PARK MPUD 419.6 ACREQUIRED OPEN SPACE CALCULATION419.6 x 30% = 125.88 ACRESDEVIATION REQUESTSDEVIATION REQUESTS 22, 32 & 33 ARE PROPOSEDTO OCCUR THROUGHOUT THE CITY GATECOMMERCE PARK MPUDALL OTHER DEVIATIONS HAVE BEEN IDENTIFIEDAND GENERALLY LOCATED WITHIN THESUBDIVISION MASTER CONCEPT PLANPLEASE REFER TO EXHIBIT A-1: MASTERDEVELOPMENT PLAN PAGES 5-13 FOR ALLDEVIATION SPECIFICATIONS AND REQUESTSWEST OF F.P. & L. EASEMENTZONED AND ACTUAL BUILDING HEIGHTSZONED HEIGHT ACTUAL HEIGHTPLATTED LOTS ADJACENT TOGOLDEN GATE CANAL36-FEET 43-FEETALL OTHER PLATTED LOTS60-FEET67-FEETEAST OF F.P. & L. EASEMENTPLATTED LOTS ADJACENT TOGOLDEN GATE CANAL36-FEET 43-FEETALL OTHER PLATTED LOTS60-FEET67-FEETEAST OF F.P. & L. EASEMENT (SPORTS COMPLEX)SPORTS COMPLEX LOT 375-FEET85-FEET22541424214365 Radio Road,Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. ofAuthorizationNo. 00009496SHEET NO:18819206766777620196719 2067913151617 24125141321211819 2067 3 NOTE (SPORTS COMPLEXPROJECT ACTUAL HEIGHT):THE ACTUAL HEIGHT OFFUTURE STRUCTURES ON THESPORTS COMPLEX PROJECTSHALL BE EQUAL TO THEACTUAL STRUCTURE HEIGHTPLUS THE FLAGPOLE HEIGHT.FOR EXAMPLE, THE MAXIMUMACTUAL STRUCTURE HEIGHTOF 85-FEET PLUS THE MAXIMUMFLAGPOLE HEIGHT OF 40-FEETEQUALS AN OVERALL MAXIMUMHEIGHT OF 125-FEET.PHASE ONELOT 72118 LAND USE TABLEWEST OF THE FPL EASEMENTRIGHT-OF-WAYLOTSTOTAL WEST36.45 AC7.18 AC29.27 ACEAST OF THE FPL EASEMENT [1]RIGHT-OF-WAYLOTS [2]LAKE AND RECREATIONAL TRACT30.90 AC159.45 AC13.84 ACTOTAL EAST383.15 AC[1] TOTAL REQUIRED NATIVE VEGETATION TO BERETAINED WITHIN LOTS = 30.56 ACRES[2] INCLUDES ±10.00 ACRES OF FPL EASEMENTTOTAL CITY GATE COMMERCE PARK PUD 419.60 ACSPORTS COMPLEX65.83 AC(±2.50 AC)(±2.50 AC)113.13 ACSPORTS COMPLEX EXTENSION31NNOTE: THE NUMBER ANDLOCATION OF ACCESS POINTSLOCATED ON THE SPORTSCOMPLEX EXTENSION WILL BEDETERMINED AT THE TIME OF SDPPERMITTINGSPORTS COMPLEXEXTENSION 375-FEET85-FEET19206733PRESERVE CALCULATIONSPORTS COMPLEX EXTENSIONPRESERVE REQUIRED:15% OF EXISTING NATIVEVEGETATION0.15 * 90.98 = 13.65 ACRESPRESERVE PROVIDED:13.65 ACRESCITY GATE COMMERCE PARKMPUD EXHIBIT A-1 PAGE 4 OF 13:MASTER DEVELOPMENT PLANNOTE: THE HEIGHT OF POLES AND NETTING, RELATED TO SAFETYFOR SPORTS AND RECREATIONAL ACTIVITIES, IS LIMITED TO AMAXIMUM OF 150-FEET AND SHALL BE PERMITTED SOUTH OF CITYGATE BOULEVARD NORTH ONLY.REV. PER CC RAI COMMENTS - 12/09/20191.REVISIONSNOTE: PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATIONREMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05 E.1. SUPPLEMENTAL PLANTINGS WITH NATIVEPLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07 (SPORTS COMPLEX EXTENSION ONLY)323131313131313144151617 241251413253044 17.B.2 Packet Pg. 1493 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) LAKE ANDRECREATIONAL TRACTCITY GATE BOULEVARD SOUTHCITY GATE BOULEVARD NORTHCITY GATE BOULEVARD NORTHBRENNAN DRIVEFPL EASEMENTWHITE LAKEBOULEVARDCITY GATE DRIVECOLLIER BOULEVARDC.R.951INTERSTATE 75COLLIER BOULEVARDC.R.951ZONING: COLLIER COUNTYRECOVERY BUSINESS PARK IPUDLAND USE: COUNTY FACILITIESZONING:AGRICULTURALLAND USE:UNDEVELOPEDZONING: WHITE LAKE PUDLAND USE: DEVELOPED ANDUNDEVELOPED INDUSTRIALZONING: ESTATESLAND USE: CANALZONING: AGRICULTURALLAND USE: UNDEVELOPEDGOLDEN 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 ROWZONING: AGRICULTURALLAND USE: UNDEVELOPEDTEMPORARYCUL-DE-SACLOTS ABUTTING THE SPORTS COMPLEXPROJECT, SOUTH OF THE NORTHERN TRACTLINE OF THE LAKE AND RECREATIONAL TRACT4365 Radio Road,Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. ofAuthorizationNo. 00009496SHEET NO:PHASE ONELOT 7NCITY GATE COMMERCE PARKMPUD EXHIBIT A-1 PAGE 4A OF 13:MASTER DEVELOPMENT PLANREV. PER CC RAI COMMENTS - 12/09/20191.REVISIONSMASTER DEVELOPMENT PLANCITY GATE COMMERCE PARKIN THE NORTH HALF OF SECTION 35 & SECTION 36,TOWNSHIP 49, RANGE 26 ECOLLIER COUNTY, FLORIDA45 17.B.2 Packet Pg. 1494 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 4365 Radio Road,Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. ofAuthorizationNo. 00009496SHEET NO:LIST OF DEVIATIONS INTENTIONALLY OMITTED INTENTIONALLY OMITTEDDIRECTORY SIGN - MPUD - PLATTED LOT 7, PHASE ONEDEVIATION #3 SEEKS RELIEF FROM LDC SECTION 5.06.04 F.1 “ON-PREMISE SIGNS," WHICH REQUIRES FOR SINGLE-OCCUPANCY OR MULTIPLE-OCCUPANCY LOTS,HAVING FRONTAGE OF 150-FEET OR MORE ON A PUBLIC STREET, OR COMBINED PUBLIC STREET FRONTAGE OF 220 LINEAR FEET OR MORE FOR CORNER LOTS, TO HAVEONE POLE OR GROUND SIGN; AND REQUIRES A MINIMUM SEPARATION OF 1,000-FEET AS MEASURED ALONG THE STREET FRONTAGE, AND ALL SETBACKREQUIREMENTS ARE MET,TO INSTEAD ALLOWa) ONE ADDITIONAL DIRECTORY SIGN FOR THE CITY GATE COMMERCE PARK MPUD ON LOT 7, LOCATED WITHIN CITY GATE COMMERCE PARK PHASE ONE PLAT, ASRECORDED IN PLAT BOOK 41, PAGES 6-7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, AS SHOWN ON THE ATTACHED MASTER DEVELOPMENT PLAN EXHIBIT A-1,PAGE 2 OF 5 4 OF 13; ANDb) A MINIMUM SEPARATION 100-FEET FROM ANY ON-SITE MONUMENT SIGNS.FLAGS AND FLAGPOLES - SPORTS COMPLEX PROJECTDEVIATION #4 SEEKS RELIEF FROM LDC SECTION 5.06.04 F.8.a “FLAGS AND FLAG POLES,” WHICH REQUIRES THAT A FLAGPOLE SHALL NOT EXCEED 50 FEET IN HEIGHTFROM THE FINISHED GRADE, NOR EXTEND MORE THAN 20 FEET FROM ANY BUILDING TO WHICH IT IS ATTACHED,TO INSTEAD ALLOW, WITHIN THE SPORTS COMPLEX PROJECT,a) A MAXIMUM HEIGHT OF 100-FEET FROM FINISHED GRADE;b) EXTENSION UP TO 40-FEET FROM ANY BUILDING TO WHICH IT IS ATTACHED;c) UP TO 100 FLAG POLES SEPARATED BY A MINIMUM OF 100-FEET WITHIN THE SPORTS COMPLEX PROJECT, EXCEPT FLAG POLES ATTACHED TO THE STADIUMSTRUCTURE ARE NOT SUBJECT TO THE 100-FOOT MINIMUM SEPARATION; AND1234CITY GATE COMMERCE PARKMPUD EXHIBIT A-1 PAGE 5 OF 13:MASTER DEVELOPMENT PLANREV. PER CC RAI COMMENTS - 12/09/20191.REVISIONS46 17.B.2 Packet Pg. 1495 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 4365 Radio Road,Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. ofAuthorizationNo. 00009496SHEET NO:FLAGS AND FLAGPOLES - SPORTS COMPLEX PROJECT (CONT.)d) THE ACTUAL HEIGHT OF FUTURE STRUCTURES ON THE SPORTS COMPLEX PROJECT SHALL BE EQUAL TO THE ACTUAL STRUCTURE HEIGHT PLUS THE FLAGPOLEHEIGHT. FOR EXAMPLE, THE MAXIMUM ACTUAL STRUCTURE HEIGHT OF 85-FEET PLUS THE MAXIMUM FLAGPOLE HEIGHT OF 40-FEET EQUALS AN OVERALLMAXIMUM HEIGHT OF 125-FEET.DEVIATION #5 SEEKS RELIEF FROM LDC SECTION 5.06.04 F.8.b “FLAGS AND FLAG POLES,” WHICH PERMITS NON-RESIDENTIAL DEVELOPMENTS AT LEAST 10 ACRES INSIZE HAVING MULTIPLE ENTRANCES, MAY HAVE UP TO 3 FLAGPOLES AT EACH ENTRANCE THAT PROVIDES INGRESS/EGRESS OFF AN ARTERIAL OR COLLECTOR ROAD,PROVIDED THAT THERE IS A MINIMUM 300-FOOT SEPARATION BETWEEN ENTRANCES, TO INSTEAD ALLOW SIX (6) FLAGPOLES AT EACH ENTRANCE WITHIN THESPORTS COMPLEX PROJECT. THE THREE FLAGPOLES THAT ARE CLUSTERED ARE NOT SUBJECT TO THE 100-FOOT MINIMUM SEPARATION IN DEVIATION #4.DIRECTIONAL SIGNS - MPUD/SPORTS COMPLEX PROJECT (WITHIN MPUD)DEVIATION #6 SEEKS RELIEF FROM LDC SECTION 5.06.04 F.9 “ON-PREMISE DIRECTIONAL SIGNS,” WHICH REQUIRES THAT DIRECTIONAL SIGNS SHALL NOT EXCEED 6SQUARE FEET IN AREA, 4 FEET IN HEIGHT, BE LIMITED TO TWO (2) AT EACH VEHICLE ACCESS POINT AND A MAXIMUM OF 4 INTERNAL TO THE MPUD, AND LDC SECTION5.06.04 G.2.e "OFF-PREMISE DIRECTIONAL SIGNS" WHICH REQUIRES THAT DIRECTIONAL SIGNS BE LIMITED TO WITHIN 1,000 FEET FROM THE BUILDING, STRUCTURE,OR USE FOR WHICH THE SIGN IS DISPLAYED:TO INSTEAD ALLOW COMBINED OFF-PREMISES AND ON-PREMISES DIRECTIONAL SIGNS, FOR THE MPUD, AND THE SPORTS COMPLEX PROJECT, WITHIN THE MPUD'SINTERNAL PUBLIC OR PRIVATE RIGHT-OF-WAY, OR ABUTTING THERETO (BUT MORE THAN 200 FEET FROM COLLIER BOULEVARD) AS FOLLOWS,a) PROVIDE NO MORE THAN 12-SQUARE FEET IN AREA PER SIGN;b) DIRECTIONAL SIGNS SHALL NOT EXCEED 8-FEET IN HEIGHT;c) UP TO SEVEN (7) DIRECTIONAL SIGNS, WHICH MUST BE SEPARATED BY A MINIMUM DISTANCE OF 250-FEET; ANDd) DIRECTIONAL SIGNS MAY BE MORE THAN 1,000 FEET FROM A BUILDING, STRUCTURE, OR USE (INCLUDING THE SPORTS COMPLEX PROJECT) FOR WHICH THE SIGN ISDISPLAYED.56LIST OF DEVIATIONS CONT.CITY GATE COMMERCE PARKMPUD EXHIBIT A-1 PAGE 6 OF 13:MASTER DEVELOPMENT PLANREV. PER CC RAI COMMENTS - 12/09/20191.REVISIONS47 17.B.2 Packet Pg. 1496 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 4365 Radio Road,Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. ofAuthorizationNo. 00009496SHEET NO:DIRECTIONAL SIGNS - MPUD/SPORTS COMPLEX PROJECT (WITHIN MPUD) (CONT.)DEVIATION #7 SEEKS RELIEF FROM LDC SECTION 5.06.04 F.9.a “ON-PREMISE DIRECTIONAL SIGNS,” WHICH LIMITS ON-PREMISE DIRECTIONAL SIGNS INTERNAL TOA SUBDIVISION OR DEVELOPMENT TO MAINTAIN A MINIMUM SETBACK OF 10-FEET FROM PROPERTY LINES, TO INSTEAD ALLOW A MINIMUM SETBACK OF 0-FEET.THIS DEVIATION SHALL APPLY TO ON-PREMISE DIRECTIONAL SIGNS ALONG PUBLIC OR PRIVATE RIGHTS-OF-WAY, THROUGHOUT THE CITY GATE COMMERCE PARKMPUD. THIS DEVIATION DOES NOT APPLY TO DIRECTIONAL SIGNAGE ON THE SPORTS COMPLEX PROJECT.POLE MOUNTED SIGN WITH DISPLAY - SPORTS COMPLEX PROJECTDEVIATION #8 SEEKS RELIEF FROM LDC SECTION 5.06.04 G.1 “OFF-PREMISES DIRECTIONAL SIGNS,” WHICH PERMITS OFF-SITE DIRECTIONAL SIGNS ONLY INNONRESIDENTIAL ZONING DISTRICTS, AGRICULTURAL DISTRICTS AND DESIGNATED NONRESIDENTIAL COMPONENTS OF PUDS, TO INSTEAD PERMIT ONE (1)OFF-SITE IDENTIFICATION, PROMOTIONAL AND SPONSORSHIP SIGN, FOR THE SPORTS COMPLEX PROJECT, WITHIN THE COLLIER BOULEVARD (C.R. 951)RIGHT-OF-WAY WITH FURTHER BOARD OF COUNTY COMMISSIONERS APPROVAL BY SIMPLE MAJORITY VOTE OF THE LOCATION. PLEASE REFER TO THE MASTERDEVELOPMENT PLAN EXHIBIT A-1, PAGE 2 OF 5 4 OF 13, AND THE SIGN DEVIATION EXHIBIT A-5.DEVIATION #9 SEEKS RELIEF FROM LDC SECTION 5.06.04 G.2 “OFF-PREMISES DIRECTIONAL SIGNS,” WHICH ALLOWS NO MORE THAN 2 ONE-SIDED OR 1DOUBLE-SIDED OFF-PREMISE DIRECTIONAL SIGNS BE PERMITTED FOR A BUILDING, STRUCTURE, OR USE WHICH IS NOT VISIBLE FROM THE ROADWAY SERVINGSUCH BUILDING, STRUCTURE, OR USE, PROVIDED THAT EACH SIGN SHALL NOT BE MORE THAN 12 SQUARE FEET IN AREA, THE SIGN SHALL NOT BE MORE THAN 8FEET IN HEIGHT ABOVE THE LOWEST CENTER GRADE OF THE ROADWAY ADJACENT TO THE SIGN LOCATION, THE SIGN SHALL NOT BE LOCATED CLOSER THAN 10FEET TO ANY PROPERTY LINE, THE APPLICANT SHALL SUBMIT WITH THE PERMIT APPLICATION AND THE SIGN SHALL BE LOCATED NO MORE THAN 1,000 FEETFROM THE BUILDING, STRUCTURE, OR USE FOR WHICH THE SIGN IS DISPLAYED, TO INSTEAD PERMIT A SIGN FOR THE SPORTS COMPLEX PROJECT THAT:a) SHALL NOT EXCEED 350-SQUARE FEET IN AREA (NOT TO EXCEED 9-FEET BY 15-FEET IN DISPLAY AREA FOR EACH SIDE OF THE SIGN);b) SHALL NOT EXCEED 25-FEET IN HEIGHT ABOVE THE LOWEST CENTER GRADE OF THE ROADWAY ADJACENT TO THE SIGN LOCATION;c) SHALL NOT BE LOCATED CLOSER THAT 0.5-FEET FROM ANY PROPERTY LINE; ANDd) SHALL NOT BE LOCATED MORE THAN 4,500 FEET FROM SPORTS COMPLEX PROJECT; ANDe) SHALL BE ABUTTING TO THE MPUD BOUNDARY.LIST OF DEVIATIONS CONT.789CITY GATE COMMERCE PARKMPUD EXHIBIT A-1 PAGE 7 OF 13:MASTER DEVELOPMENT PLANREV. PER CC RAI COMMENTS - 12/09/20191.REVISIONS48 17.B.2 Packet Pg. 1497 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 4365 Radio Road,Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. ofAuthorizationNo. 00009496SHEET NO:POLE MOUNTED SIGN WITH DISPLAY - SPORTS COMPLEX PROJECT (CONT.)INTENTIONALLY OMITTEDMONUMENT SIGN - MPUD/SPORTS COMPLEX PROJECTDEVIATION #11 SEEKS RELIEF FROM LDC SECTION 5.06.04.G “OFF-PREMISES DIRECTIONAL SIGNS,” WHICH PERMITS A SIGN NO MORE THAN 12-SQUARE FOOT SIGN INAREA, TO INSTEAD ALLOW FOR A COMBINED GROUND/MONUMENT SIGN FOR THE SPORTS COMPLEX PROJECT AND THE CITY GATE COMMERCE PARK MPUD ASFOLLOWS:a) 64-SQUARE FEET IN AREA;b) LOCATION IN THE ROAD RIGHT-OF-WAY, LABELED CITY GATE BOULEVARD NORTH ON EXHIBIT A-5, WITHIN THE TRAFFIC SEPARATOR; ANDc) MORE THAN 1,000 FEET OFF-SITE FROM THE SPORTS COMPLEX PROJECT.ONCE CITY GATE BOULEVARD NORTH IS ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS AS A PUBLIC ROAD, ANY STRUCTURAL CHANGES TO THE DIRECTIONALSIGN SHALL REQUIRE A RIGHT-OF-WAY PERMIT. THE SIGNAGE SHALL BE PERPETUALLY MAINTAINED BY THE CITY GATE COMMERCE PARK MASTER PROPERTYOWNER'S ASSOCIATION, INC. OR ITS SUCCESSORS. COLLIER COUNTY RESERVES THE RIGHT TO REMOVE THE SIGN TO ACCOMMODATE ROAD EXPANSION OF CITY GATEBOULEVARD NORTH.SIGNS - SPORTS COMPLEX PROJECT ONLY - ON PREMISESDEVIATION #12 SEEKS RELIEF FROM LDC SECTION 5.06.05 A.3 "SIGN EXEMPTIONS," WHICH PERMITS SIGNS TO BE LOCATED ON FENCES OR WALLS SURROUNDINGATHLETIC FIELDS, OR WITHIN SPORTS ARENAS, STADIUMS AND THE LIKE, NOT TO EXCEED 32 SQUARE FEET IN SIZE, PER SIDE, PER SIGN AND THAT SIGNS ALSO BEORIENTED ALONG THE FENCE OR WALL TO FACE THE FIELD(S) OR PLAYING AREA, AND AWAY FROM ANY ADJACENT PUBLIC OR PRIVATE ROADS, TO INSTEAD ALLOWDIRECTIONAL, ADVERTISEMENT, PROMOTIONAL, DISPLAY, AND SPONSORSHIP SIGNAGE, WITHOUT LIMITATIONS FOR TYPE OF, LOCATION, SIZE, OR NUMBER, WITHINTHE SPORTS COMPLEX PROJECT. THE PROJECTION OF LIGHT FROM SIGNS TO THE NORTH SHALL BE PROHIBITED.LIST OF DEVIATIONS CONT.101112CITY GATE COMMERCE PARKMPUD EXHIBIT A-1 PAGE 8 OF 13:MASTER DEVELOPMENT PLANREV. PER CC RAI COMMENTS - 12/09/20191.REVISIONS49 17.B.2 Packet Pg. 1498 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 4365 Radio Road,Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. ofAuthorizationNo. 00009496SHEET NO:SIGNS - SPORTS COMPLEX PROJECT ONLY - ON PREMISES (CONT.)EXTERNAL PROJECTION SIGN LIMITS•LIGHTED SIGNS ARE ALLOWED FACING TO THE EAST, WEST, AND SOUTH AND CANNOT BE ANIMATED:•LIGHTED SIGNS FACING TO THE NORTH ARE ALLOWED, CANNOT BE TALLER THAN 25-FEET, AND CANNOT BE ANIMATED; AND•UP TO THREE (3) 15-FEET BY 40 FEET (SURFACE AREA) SIGNS MAY BE INSTALLED FOR NAMING RIGHTS; SIGNS CAN BE LIGHTED, BUT NOT ANIMATED.PARKING - SPORTS COMPLEX PROJECT ONLYDEVIATION #13 SEEKS RELIEF FROM LDC SECTION 4.05.02 B.1 “PARKING LOTS AND SPACES - SURFACING STANDARDS,” WHICH REQUIRES THAT PARKING LOTS,DRIVEWAYS AND ACCESS AISLES BE PAVED ..., TO INSTEAD ALLOW FOR GRASSED DRIVEWAYS AND ACCESS AISLES, IN GRASSED PARKING AREAS, FOR THE SPORTSCOMPLEX PROJECT.DEVIATION #14 SEEKS RELIEF FROM LDC SECTION 4.05.04 G TABLE 17 "PARKING SPACE REQUIREMENTS," WHICH PERMIT GRASSED PARKING FOR NOT MORE THAN50 PERCENT OF THE PROVIDED PARKING FOR THE FACILITIES PLANNED FOR THE SPORTS COMPLEX, TO INSTEAD ALLOW FOR THE SPORTS COMPLEX PROJECT UP TO75 PERCENT OF THE PROVIDED PARKING SPACES TO BE GRASSED PARKING.DEVIATION #15 SEEKS RELIEF FROM LDC SECTION 4.06.03 B.1 "LANDSCAPING IN VEHICULAR USE AREAS," WHICH REQUIRES AT LEAST TEN PERCENT OF THEAMOUNT OF VEHICULAR USE AREA ON-SITE SHALL BE DEVOTED TO INTERIOR LANDSCAPING AREAS, TO INSTEAD ALLOW NO LANDSCAPING REQUIREMENTS INGRASSED VEHICULAR USE AREAS WITHIN THE SPORTS COMPLEX PROJECT. THIS DEVIATION SHALL ONLY APPLY TO GRASSED PARKING AREAS.DEVIATION #16 SEEKS RELIEF FROM LDC SECTION 4.06.03 B.3 “LANDSCAPING AND VEHICULAR USE AREAS,” WHICH REQUIRES ALL ROWS OF PARKING SPACES SHALLBE BORDERED ON EACH END BY CURBED LANDSCAPE ISLANDS, TO INSTEAD REMOVE THE REQUIREMENT FOR LANDSCAPE ISLANDS, WHEN LOCATED WITHINGRASSED PARKING AREAS WITHIN THE SPORTS COMPLEX PROJECT. THIS DEVIATION SHALL ONLY APPLY TO GRASSED PARKING AREAS.LIST OF DEVIATIONS CONT.13141516CITY GATE COMMERCE PARKMPUD EXHIBIT A-1 PAGE 9 OF 13:MASTER DEVELOPMENT PLANREV. PER CC RAI COMMENTS - 12/09/20191.REVISIONS50 17.B.2 Packet Pg. 1499 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 4365 Radio Road,Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. ofAuthorizationNo. 00009496SHEET NO:PARKING - SPORTS COMPLEX PROJECT ONLY (CONT.)DEVIATION #17 SEEKS RELIEF FROM LDC SECTION 4.06.03 B.4 “LANDSCAPING AND VEHICULAR USE AREAS,” WHICH REQUIRES INTERIOR LANDSCAPING AREAS SHALLREQUIRE PROTECTION FROM VEHICULAR ENCROACHMENT THROUGH APPROPRIATE WHEEL STOPS OR CURBS OR OTHER STRUCTURES, TO INSTEAD ALLOW FOR NOWHEEL STOPS, CURBS OR OTHER STRUCTURES WITHIN THE SPORTS COMPLEX PROJECT. THIS DEVIATION SHALL ONLY APPLY TO GRASSED PARKING AREAS.LANDSCAPE BUFFERS - SPORTS COMPLEX LOT - EAST BOUNDARYDEVIATION #18 SEEKS RELIEF FROM LDC SECTION 4.06.02 A “BUFFER REQUIREMENTS,” WHICH REQUIRES THAT DEVELOPMENTS SHALL BE BUFFERED FOR THEPROTECTION OF PROPERTY OWNERS FROM LAND USES, TO INSTEAD ELIMINATE THE LANDSCAPE BUFFER REQUIREMENT ALONG THE EASTERN PROPERTY BOUNDARYOF THE SPORTS COMPLEX LOT, PROVIDED THERE IS UNIFIED OWNERSHIP OF THE SPORTS COMPLEX LOT AND THE ABUTTING PROPERTY TO THE EAST, WHERE THEDEVELOPMENT IS JOINTLY PLANNED SPORTS COMPLEX EXTENSION. IN CONJUNCTION WITH THE OFF-SITE NATIVE VEGETATION REQUIREMENTS (SEE DEVIATION #21 INTHIS DOCUMENT), THE BUFFER REQUIREMENTS (ACREAGE OF TYPICAL RETAINED NATIVE VEGETATION) SHALL BE SHOWN ON THE FIRST SITE DEVELOPMENT PLAN (SDP)APPLICATION, BUT MAY BE RELOCATED WITH A SITE DEVELOPMENT PLAN AMENDMENT (SDPA) APPLICATION IN THE FUTURE.LANDSCAPE BUFFERS - MPUDDEVIATION #19 SEEKS RELIEF FROM LDC SECTION 4.06.02 A “BUFFER REQUIREMENTS,” WHICH REQUIRES A SEPARATE BUFFER TRACT OR EASEMENT ON THEFINAL SUBDIVISION PLAT, TO INSTEAD REMOVE THIS REQUIREMENT FROM PUBLIC OR PRIVATE RIGHTS-OF-WAY, WITHIN ANY EXISTING OR SUBSEQUENT SUBDIVISIONPLAT (PPL), WITHIN THE CITY GATE COMMERCE PARK MPUD, EAST OF THE F. P. & L. EASEMENT.DEVIATION #20 SEEKS RELIEF FROM LDC SECTION 6.06.01 O.5 “LANDSCAPE BUFFERS,” WHICH REQUIRES A SEPARATE BUFFER TRACT OR EASEMENT ON THEFINAL SUBDIVISION PLAT, TO INSTEAD REMOVE THIS REQUIREMENT FROM PUBLIC OR PRIVATE RIGHTS-OF-WAY, WITHIN ANY EXISTING OR SUBSEQUENT SUBDIVISIONPLAT (PPL), WITHIN THE CITY GATE COMMERCE PARK MPUD, EAST OF THE F. P. & L. EASEMENT.LIST OF DEVIATIONS CONT.181920CITY GATE COMMERCE PARKMPUD EXHIBIT A-1 PAGE 10 OF 13:MASTER DEVELOPMENT PLAN17REV. PER CC RAI COMMENTS - 12/09/20191.REVISIONS51 17.B.2 Packet Pg. 1500 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 4365 Radio Road,Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. ofAuthorizationNo. 00009496SHEET NO:RETAINED NATIVE VEGETATION - SPORTS COMPLEX PROJECT LOT ONLYDEVIATION #21 SEEKS RELIEF, FOR THE SPORTS COMPLEX PROJECT LOT ONLY, FROM THE PUD'S REQUIRED YARD PLAN, WHICH REQUIRES NATIVE VEGETATIONRETENTION TO BE ON-SITE, AND LDC SECTION 3.05.07 H.1.F “OFF-SITE VEGETATION RETENTION,” TO ALLOW AT A MINIMUM 50% OF THE REQUIRED YARD PLAN TOBE COMPLETED ON-SITE (MPUD) AND AT A MAXIMUM 50% TO BE COMPLETED OFF-SITE (CURRENTLY OUTSIDE OF THE MPUD BOUNDARY). TO ACCOMPLISH SUCH, AMINIMUM OF 50% OF THE REQUIRED YARD PLAN (FOR THE SPORTS COMPLEX PROJECT LOT), SHALL BE SHOWN ON THE FIRST SITE DEVELOPMENT PLAN ANDCONCURRENTLY A UNIFIED SITE CONCEPT PLAN SHALL DESIGNATE THE ADDITIONAL REQUIRED OFF-SITE YARD ON THE ABUTTING PARCEL, WHICH SHALL BE UNDERUNIFIED CONTROL. THIS SHALL SATISFY THE REQUIRED YARD PLAN ASSOCIATED WITH THE SPORTS COMPLEX PROJECT LOT. THE OFF-SITE NATIVE VEGETATION SHALLBE SHOWN ON THE SITE DEVELOPMENT PLAN (SDP) APPLICATION BUT MAY BE RELOCATED WITH A SITE DEVELOPMENT PLAN AMENDMENT (SDPA) APPLICATION INTHE FUTURE.CARETAKER RESIDENCES - MPUD INCLUDING SPORTS COMPLEX PROJECTDEVIATION #22 SEEKS RELIEF FROM LDC SECTION 5.03.05 A “CARETAKER RESIDENCES,” WHICH REQUIRES THAT THE RESIDENCE SHALL BE CONSTRUCTED AS ANINTEGRAL PART OF THE PRINCIPAL STRUCTURE AND SHALL BE ENTERED FROM WITHIN THE PRINCIPAL STRUCTURE, TO INSTEAD ALLOW FOR A MAXIMUM OF FIVE (5)SEVEN (7) ATTACHED OR DETACHED CARETAKER'S RESIDENCE(S), LIMITED TO LOCATIONS EAST OF THE F. P. & L. EASEMENT.WATER MANAGEMENT - MPUD INCLUDING SPORTS COMPLEX PROJECTDEVIATION #23 SEEKS RELIEF FROM LDC SECTION 6.05.01 “WATER MANAGEMENT REQUIREMENTS,” WHICH REQUIRES A COMPLETE STORM WATER MANAGEMENTSYSTEM SHALL BE PROVIDED FOR ALL AREAS WITHIN THE SUBDIVISION OR DEVELOPMENT, INCLUDING LOTS, STREETS, AND ALLEYS, TO INSTEAD PERMIT WATERMANAGEMENT DETENTION AND OR RETENTION AREAS, FOR THE CITY GATE COMMERCE PARK, TO BE LOCATED OUTSIDE OF THE MPUD BOUNDARY PER REVIEW ANDACCEPTANCE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT. COLLIER COUNTY WILL TAKE WATER MANAGEMENT TO THE ABUTTING COUNTY OWNEDPROPERTY AS A FUTURE CO-PERMITTEE IN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE PERMIT (SFWMD ERP). INTENTIONALLYOMITTEDLIST OF DEVIATIONS CONT.2322CITY GATE COMMERCE PARKMPUD EXHIBIT A-1 PAGE 11 OF 13:MASTER DEVELOPMENT PLAN21REV. PER CC RAI COMMENTS - 12/09/20191.REVISIONS52 17.B.2 Packet Pg. 1501 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 4365 Radio Road,Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. ofAuthorizationNo. 00009496SHEET NO:ARCHITECTURAL REVIEW STANDARDS - SPORTS COMPLEX PROJECT ONLYDEVIATION #24 SEEKS RELIEF FROM LDC SECTION 5.05.08 "ARCHITECTURAL AND SITE DESIGN STANDARDS," WHICH PROVIDE ARCHITECTURAL GUIDELINES, TO INSTEADALLOW FOR THE DEVIATION PROCESS IN SECTION 5.05.08.G OF THE LDC FOR BUILDINGS LOCATED WITHIN THE SPORTS COMPLEX PROJECT.PRESERVATION - SPORTS COMPLEX EXTENSION ONLYDEVIATION #25 SEEKS RELIEF FROM LDC SECTION 3.05.07 H.1.f.i “PURPOSE AND INTENT. THE PURPOSE OF THIS SUBSECTION f. IS TO IDENTIFY THE CRITERIA TO SATISFYON-SITE PRESERVE REQUIREMENTS OFF SITE. THE INTENT OF THE ON-SITE PRESERVE REQUIREMENT IS TO RETAIN, MAINTAIN, AND PRESERVE EXISTING NATIVEVEGETATION ON-SITE AS PROVIDED FOR IN THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT OF THE GMP," TO ALLOW 9.28-ACRES OF THE SPORTS COMPLEXEXTENSION'S PRESERVE REQUIREMENT, LOCATED ON THE ABUTTING COUNTY OWNED PROPERTY, TO BE TREATED AS ON-SITE SO THERE CAN BE ONE CONTIGUOUS 13.65-ACRE PRESERVE. REFER TO EXHIBIT A-1 MASTER DEVELOPMENT PLAN, PAGE 3 OF 13. INTENTIONALLY OMITTED INTENTIONALLY OMITTED INTENTIONALLY OMITTED INTENTIONALLY OMITTEDLIST OF DEVIATIONS CONT.26272829CITY GATE COMMERCE PARKMPUD EXHIBIT A-1 PAGE 12 OF 13:MASTER DEVELOPMENT PLAN2524REV. PER CC RAI COMMENTS - 12/09/20191.REVISIONS53 17.B.2 Packet Pg. 1502 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 4365 Radio Road,Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. ofAuthorizationNo. 00009496SHEET NO:LANDSCAPE BUFFERS - SPORTS COMPLEX EXTENSION ONLYDEVIATION #30 SEEKS RELIEF FROM LDC SECTION 4.07.02 B.2 “PUD DESIGN REQUIREMENTS,” WHICH REQUIRES PUDS TO PROVIDE LANDSCAPE BUFFERS ALONG THEPERIMETER OF PUD BOUNDARIES, TO INSTEAD ALLOW NO LANDSCAPE BUFFERS ALONG THE PERIMETER OF THE SPORTS COMPLEX EXTENSION IF DEVELOPMENTWITH ABUTTING PROPERTIES IS JOINTLY PLANNED.WALL REQUIREMENTS - MPUDDEVIATION #31 SEEKS RELIEF FROM LDC SECTION 5.03.02 D.1 "FENCES AND WALLS," WHICH ALLOWS FENCES AND WALLS WITHIN PUDS TO BE A MAXIMUM HEIGHTOF 8', TO INSTEAD ALLOW A WALL UP TO 14' IN HEIGHT ALONG THE NORTH MPUD BOUNDARY WHERE IT ABUTS THE GOLDEN GATE CANAL. REFER TO EXHIBIT A-4,PAGE 2 OF 2, OF THE PUD DOCUMENT.LANDSCAPING - MPUDDEVIATION #32 SEEKS RELIEF FROM LDC SECTION 4.05.04. C. “PARKING SPACE REQUIREMENTS,” WHICH REQUIRES DOUBLE LANDSCAPING IN COMMERCIALVEHICULAR USE AREAS OF A MINIMUM OF 80 PARKING SPACES, IF PROVIDED PARKING IS IN EXCESS OF 120% OF THE LDC REQUIREMENTS, TO INSTEAD ALLOWPARKING IN EXCESS OF 120% OF THE LDC REQUIREMENTS WITHOUT THE NEED TO PROVIDE ADDITIONAL VEHICULAR USE LANDSCAPING.PARKING - MPUD (EXCLUDING THE SPORTS COMPLEX EXTENSION)DEVIATION #33 SEEKS RELIEF FROM LDC SECTION 5.05.08 F.2.b.ii.b “PARKING FOR PROJECTS,” WHICH ALLOWS NO MORE THAN 80 PERCENT OF THE OFF-STREETPARKING REQUIREMENT, FOR BUILDINGS ON CORNER LOTS, TO BE LOCATED BETWEEN A PRIMARY FACADE AND THE ABUTTING STREET, WITH NO SINGLE SIDE TOCONTAIN MORE THAN 65 PERCENT OF THE TOTAL REQUIRED PARKING, TO INSTEAD ALLOW MORE THAN 80 PERCENT OF THE OFF-STREET PARKING REQUIREMENTTO BE LOCATED BETWEEN A PRIMARY FACADE AND THE ABUTTING STREET, AND ALLOW MORE THAN 65 PERCENT OF THE TOTAL REQUIRED PARKING TO BELOCATED ON ANY SINGLE SIDE OF THE BUILDING. THIS DEVIATION DOES NOT APPLY TO THE "SPORTS COMPLEX EXTENSION" SITE.LIST OF DEVIATIONS CONT.313233CITY GATE COMMERCE PARKMPUD EXHIBIT A-1 PAGE 13 OF 13:MASTER DEVELOPMENT PLAN30REV. PER CC RAI COMMENTS - 12/09/20191.REVISIONS54 17.B.2 Packet Pg. 1503 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Note: Table 12.B.3 applies only to the Existing City Gate Commerce Park MPUD. The Sports Complex Extension is not included. Building Site Usage I II III IV V Employees (3) Service Station 3 1 1 1 --6.27 75 31 3 Stations Hotel/Motel (1)4 1 1 1 1 -8.36 500 200 250 rooms Restaurant/Lounge (2)3 1 -1 1 -6.27 500 125 34,000 sq. ft. Retail, personal service, medical service 4 1 1 1 1 -8.36 334 208 56,000 sq. ft. Public, utilitarian, recreational, educational 5 -1 1 2 1 10.45 516 261 80,000 sq. ft. Offices 20 -3 5 6 6 41.8 2062 1433 836,000 sq. ft. Light manufacturing; processing; storage and distribution (4) 35 5 10 10 5 5 73.15 1000 1250 1,520,000 sq. ft. Research, testing, development (4)6 --2 2 2 12.64 300 313 100,000 sq. ft. Service and repair businesses (4)10 -2 2 2 4 20.9 500 522 160,000 sq. ft. Showrooms and sales centers in association with permitted uses (4) 5 --1 2 2 10.45 516 261 60,000 sq. ft. Publishing, reproduction, communications (4)5 --1 2 2 10.45 250 261 80,000 sq. ft. Total 100 9 19 26 24 22 209 6,553 4,865 TABLE 12.B.3 % of Gross Building Site Area % of Gross Building Site Development by Phase Building Site Acreage Parking Spaces (3) Amount of Building Development EXHIBIT A-2 (PAGE 1 OF 3) Underline text is added; Struck through text is deleted55City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2Packet Pg. 1504Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Note: Table 12.B.3 applies only to the Existing City Gate Commerce Park MPUD. The Sports Complex Extension is not included. West of FPL Usage I II III IV V Employees (3) Service Station 3 1 1 1 --6.27 75 31 3 Stations Hotel/Motel (1)4 1 1 1 1 -8.36 500 200 250 rooms Restaurant/Lounge (2)2 1 -1 --4.18 333 83 22,670 sq. ft. Retail, personal service, medical service 2 1 1 ---4.18 167 104 28,000 sq. ft. Offices 5 --2 2 1 10.45 516 358 209,000 sq. ft. Total 16 4 3 5 3 1 33.44 1,591 776 East/West Split I II III IV V Employees (3) West of FPL 16 4 3 5 3 1 33.44 1,591 776 East of FPL 84 5 16 21 21 21 175.56 4,962 4,089 Total 100 9 19 26 24 22 209 6,553 4,865 TABLE 12.B.3 (Continued) Acreage Parking Spaces (3) Amount of Building Development % of Gross Building Site Area % of Gross Building Site Development by Phase % of Gross Building Site Area % of Gross Building Site Development by Phase Acreage Parking Spaces (3) Amount of Building Development EXHIBIT A-2 (PAGE 2 OF 3) Underline text is added; Struck through text is deleted56City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2Packet Pg. 1505Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Note: Table 12.B.3 applies only to the Existing City Gate Commerce Park MPUD. The Sports Complex Extension is not included. NOTES: (3)Parking space and employment estimates were largely based on ITE standards and averages cited by Urban Land Institute publications.When definitive published parking and/or employee standards for a specific land use were not available,the estimates were based on published standards for the most similar uses.The estimated employees include those who normally spend all or most of the work day within the project,i.e.office workers, sales personnel industrial workers; employees who shuttle to and from their place of employment during the work day,i.e.delivery truck crews;and employees who seldom visit the project,i.e.manufacturer’s field representatives.It is anticipated that many of the uses within the project will be served by common parking pools which increase the efficiency of the parking space utilization.The employees estimated for service station,hotel/motel,restaurant/lounge,and perhaps other uses will be spread over two and,in some cases, three shifts within a 24-hour period. (4)The aggregate of the following group of uses is “Industrial Development”:12.B.3.land use “rows”:1.)light manufacturing;processing;storage and distribution 1,520,000 sq.ft.; 2.)Research,testing,development 100,000 sq.ft.; 3.) Service and repair businesses 160,000 sq.ft.; 4.)Showrooms and sale centers 60,000 sq.ft.5.)Publishing, reproduction, communications 80,000 sq. ft. The total Industrial Development is 1,920,000 square feet of industrial buildings. (1)The hotel/motel designation contemplates full service facilities which incorporate overnight accommodations, restaurant and lounges, conference and business meeting facilities, recreation and other ancillary uses which are characteristic of large hotel/motel complexes.It is anticipated that initially developed motel facilities will be much more abbreviated than the full service facilities which will emerge during project buildout. (2)The restaurant/lounge category constitutes food and beverage service facilities which are independent of those which are incorporated in the hotel/motel complexes.It is estimated that this category will consist of two quality restaurants (order at table from menu),aggregating 16,000 square feet of floor area;and two fast turnover restaurant (cafeterias or food service at counter)aggregating 17,200 square feet of floor area.Three of the restaurants will be located on the western portion of the site where they will be accessible to both highway travelers an the large number of employees within the project. EXHIBIT A-2 (PAGE 3 OF 3) Underline text is added; Struck through text is deleted57 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1506 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted EXHIBIT A-3 PERMITTED USES- SIC CODES WEST OF FP&L EASEMENT (SIC codes for permitted uses described in 3.2.A.1 and 3.2.A.4): A.Principal Uses: 1.Agricultural Services (SIC 0741, 0742 and 0752, except outside kenneling, and 0781) 2.Amusement and Recreation Services (SIC 7911 -7929 (indoor), 7991, 7993 (indoor), 7997 and 7999) 3.Apparel and Accessory Stores (SIC 5611-5699) 4.Automotive Dealers (SIC 5511-5531, 5551-5599) 5.Automotive Repair, Services, and Parking (SIC 7513-7515, 7532-7549) 6.Building Construction - General Contractors and Operative Builders (SIC 1521-1542) 7.Building Materials, Hardware, Garden Supply, and Mobile Home Dealers (SIC 5211-5251) 8.Business Services (SIC 7311-7381, except armored car and dog rental, and 7389-contractors' disbursement, directories-telephone, recording studios, swimming pool cleaning, and textile designers only, subject to parking and landscaping for retail use) 9.Communications (SIC 4813 – 4841 including communication towers up to specified heights, subject to LDC Section 5.05.09) 10.Depository Institutions (SIC 6011-6099) 11.Direct Selling Establishments (SIC 5963, limited to Ice Cream Wagons-retail and Lunch Wagons, mobile-retail only) 11.12. Eating and Drinking Places (SIC 5812 and 5813, excluding bottle clubs) 12.13. Education Plants and public schools, with an agreement with Collier County, as described in LDC section 5.05.14. 13.14. Educational Services (SIC 8221-8299) 14.15. Engineering, Accounting, Research, Management, and Related Services (SIC 8711-8748) 15.16. Essential Services, subject to LDC Section 2.01.03. 16.17. General Merchandise Stores (SIC 5331 and 5399) 17.18. Facilities with Fuel Pumps (5541) 18.19. Health Services (SIC 8011-8099) 19.20. Home Furniture, Furnishings, and Equipment Stores (SIC 5712-5736) 20.21. Hotels, Rooming Houses, Camps, and Other Lodging Places (SIC 7011, 7021 and 7041) 21.22. Insurance Agents, Brokers, And Service (SIC 6311-6399, 6411) 22.23. Justice, Public Order, And Safety (SIC 9222, 9224 and 9229) 23.24. Legal Services (SIC 8111) 24.25. Membership Organizations (SIC 8611, 8621, 8641, 8661 and 8699) 25.26. Miscellaneous Repair Services (SIC 7622-7641 and 7699) 26.27. Miscellaneous Retail (SIC 5912-5963, 5992-5999) 58 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1507 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted 27.28. Motion Picture Theaters (SIC 7832) 28.29. Motor Freight Transportation and Warehousing (SIC 4225, mini- and self-storage warehousing only) 29.30. Museums and Art Galleries (SIC 8412) 30.31. Non-depository Credit Institutions (SIC 6111-6163) 31.32. Personal Services (SIC 7211,7212, 7215-7217, 7219-7299, except barber and beauty schools) 32.33. Public Administration (SIC 9111-9199, 9311, 9411-9451, 9511-9532, 9611-9661) 33.34. Real Estate (SIC 6512, 6531-6552) 34.35. Security and Commodity Brokers, Dealers, Exchanges, and Services (SIC 6211-6289) 35.36. Social Services (SIC 8322-8399, except homeless shelters and soup kitchens) 36.37. Taxicabs (SIC 4121) 37.38. Transportation Services (SIC 4724, 4725 and 4729) 38.39. United States Postal Service (SIC 4311, except major distribution centers) 39.40. Any other use which is comparable and/or compatible in nature with the foregoing list of permitted principal and accessory uses, and Section 3.2.A.1 of the PUD Document, shall be heard by the Board of Zoning Appeals (BZA). EAST OF THE FP&L EASEMENT (SIC codes for permitted uses described in 3.2.A.2 and 3.2.A.4): A.Permitted Uses 1.Agricultural Services (SIC 0742 and 0781) 2.Amusement and Recreation Services (SIC 7911 – 7941 (indoor, except stadiums may be outdoor), 7991, 7997 (indoor) and 7999 (indoor and outdoor, except shooting ranges shall be indoor only). 3.Apparel and Accessory Stores (SIC 5611 – 5699 with 15,000 square feet or less of gross floor area in the principal structure). 4.Apparel and other finished products (SIC 2311 – 2399). 5.Automotive Repair, Services, and Parking (SIC 7513 – 7549). 6.Building Construction - General Contractors and Operative Builders (SIC 1521 – 1542). 7.Building Materials, Hardware (SIC 5211-5251) These uses shall be associated with Wholesale Trade and retail shall not exceed an area greater than 33% of the gross floor area of the principal permitted use. 8.Business Services (SIC 7311 – 7389). 9.Chemicals and Allied Products (SIC 2841 and 2844). 10.Communications (SIC 4813 – 4841 including communication towers up to specified heights, subject to LDC Section 5.05.09). 11.Construction Special Trade Contractors (SIC 1711 – 1799). 12.Depository Institutions (SIC 6011 – 6099). 13.Direct Selling Establishments (SIC 5963, limited to Ice Cream Wagons-retail and Lunch Wagons, mobile-retail only) 59 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1508 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted 13.14. Eating Places (SIC 5812) and Drinking Places (SIC 5813 establishment shall meet licensing requirements for liquor and shall only be integral to hotels or motels). 14.15. Education Plants and public schools, with an agreement with Collier County, as described in LDC section 5.05.14. 15.16. Educational Services (SIC 8211 – 8299). 16.17. Engineering, Accounting, Research, Management, and Related Services (SIC 8711 – 8748). 17.18. Essential Services, subject to LDC Section 2.01.03. 18.19. Fabricated Metal Products, Except Machinery and Transportation Equipment (SIC 3411—3479, 3491—3499). 19.20. Facilities with Fuel Pumps (SIC 5541 limited to one). 20.21. Food and Kindred Products (SIC 2022 – 2099). 21.22. Food Stores (SIC 5411-5499 with 12,500 square feet or less of gross floor area in the principal structure). 22.23. Fuel Oil Dealers (5983). 23.24. Furniture and Fixtures (SIC 2511-2599). 24.25. General Merchandise Stores (SIC 5331 and 5399 all with 15,000 square feet or less of gross floor area in the principal structure). 25.26. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to F.S. § 400.402. and ch. 58A-5 F.A.C. 26.27. Health Services (SIC 8011-8099 except drug addiction and alcoholism services / hospitals). 27.28. Heavy Construction (SIC 1611-1629). 28.29. Home Furniture, Furnishings, and Equipment Stores (SIC 5712-5736). These uses shall be associated with Wholesale Trade and retail shall not exceed an area greater than 33% of the gross floor area of the principal permitted use. 29.30. Hotels, Motels and Other Lodging Places (SIC 7011-7041 except Rooming Houses and Camps). 30.31. Industrial and Commercial Machinery and Computer Equipment (SIC 3511-3599). 31.32. Insurance Agents, Brokers, and Service (SIC 6411). 32.33. Insurance Carriers (SIC 6311-6399). 33.34. Leather and Leather Products (SIC 3131-3199). 34.35. Legal Services (SIC 8111). 35.36. Local and Suburban Transit and Interurban Highway Passenger Transportation (SIC 4111-4173) 36.37. Lumber and Wood Products (SIC 2426, 2431—2499). 37.38. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks (SIC 3812-3873). 38.39. Membership Organizations (SIC 8611-8631, 8641, 8651, 8699). 39.40. Miscellaneous Manufacturing Industries (SIC 3911—3999). 40.41. Miscellaneous Repair Services (SIC 7622-7699). Associated retail component shall not exceed an area greater than 33 percent of the gross floor area of the principal repair service/use. 41.42. Miscellaneous Retail (SIC 5912, 5941, 5945-5947, 5995 all with 25,000 square feet or less of gross floor area in the principal structure). 60 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1509 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted 42.43. Motion Picture Production (SIC 7812-7819). 43.44. Motor Freight Transportation and Warehousing (4212-4226 except oil and gas storage, and petroleum and chemical bulk stations). 44.45. Museums (SIC 8412 limited to not for profit organizations). 45.46. Non-depository Credit Institutions (SIC 6111-6163). 46.47. Outdoor storage yards, provided that the outdoor storage yard is located no closer than (50) fifty feet to any right-of-way tract, except for necessary ingress and egress pursuant to LDC Section 4.02.12. Outdoor storage yard(s) shall be completely enclosed. This provision shall not be construed to allow, as permitted or accessory use, wrecking yards, junkyards, or yards used in whole or part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive vehicle parts. 47.48. Personal Services (SIC 7211– 7219, 7231 – 7251). 48.49. Printing, Publishing, and Allied Industries (SIC 2711 – 2796, except Paper Mills). 49.50. Real Estate (SIC 6512, 6531 – 6552). 50.51. Rubber and Miscellaneous Plastics Products (SIC 3021, 3052, 3053). 51.52. Security and Commodity Brokers, Dealers, Exchanges, and Services (SIC 6211 – 6289). 52.53. Stone, Clay, Glass, and Concrete Products (SIC 3221, 3231, 3251 – 3273, 3275, 3281). 53.54. Textile Mill Products (SIC 2211 – 2221, 2241 – 2259, 2273 – 2289, 2297, 2298). 54.55. Transportation Equipment (SIC 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). 55.56. Transportation Services (SIC 4724 – 4783, 4789 except stockyards). 56.57. United States Postal Service (SIC 4311). 57.58. Wholesale Trade – Durable Goods (SIC 5012 – 5014, 5021-5049, 5063 – 5092 and 5094 – 5099, 5211-5251 and 5712-5736 for all, associated retail shall not exceed an area greater than 33% of the gross floor area of the permitted principal use). 58.59. Wholesale Trade – Non-Durable Goods (SIC 5111 – 5159, 5181, 5182, 5191 except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides must be a minimum of 500- feet from a residential zoning district, 5192 – 5199). 59.60. Any other use which is comparable and/or compatible in nature with the foregoing list of permitted principal and accessory uses, and with Section 3.2.A.2 of the PUD Document, shall be heard by the Board of Zoning Appeals (BZA). B.Conditional Uses 1.Wholesale trade-nondurable goods (SIC 5171, 5172). 61 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1510 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted EAST OF THE FP&L EASEMENT (Sports Complex Project - SIC codes for permitted uses described in 3.2.A.3): A.Permitted Uses 1.Amusement and Recreation Services, Field House/Event Center and Fields, (SIC 7941 indoor and outdoor). 2.Amusement and Recreation Services (SIC 7911 – 7941 (indoor, except stadiums may be outdoor), 7991, 7997 (indoor) and 7999 (indoor and outdoor, except shooting ranges shall be indoor only). 3.Essential Services, subject to LDC Section 2.01.03 4.Direct Selling Establishments (SIC 5963, limited to Ice Cream Wagons-retail and Lunch Wagons, mobile-retail only) B.Accessory Uses and Structures 1.Amusement and Recreation Services, 7999 (indoor and outdoor). a.Amusement concessions b.Animal shows in circuses, fairs, and carnivals c.Archery ranges, operation of d.Baseball instruction schools e.Basketball instruction schools f.Billiard parlors g.Bingo parlors h.Boat rental, pleasure i.Bowling instruction j.Bridge clubs, non-membership k.Bridge instruction l.Carnival operation m.Day camps n.Exhibition operation o.Exposition operation p.Fishing piers and lakes, operation of q.Game parlors, except coin-operated r.Gymnastics instruction s.Handball courts, except membership clubs t.Ice skating rink operation u.Judo instruction v.Karate instruction w.Lifeguard service 62 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1511 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted x.Racquetball courts, except membership clubs y.Rental of bicycles z.Rental of rowboats and canoes aa. Roller skating rink operation bb. Schools and camps, sports instructional cc.Shooting galleries dd.Shooting ranges, operation of ee. Skating instruction, ice or roller ff. Sporting goods rental gg. Sports instructors, professional: golf, skiing, swimming, etc. hh. Swimming instruction ii.Swimming pools, except membership jj. Tennis clubs, non-membership kk. Tennis courts, outdoor and indoor: operation of, non-membership ll.Ticket sales offices for sporting events, contract mm.Yoga instruction 2.Bands, Orchestras, Actors, and Other Entertainers and Entertainment Groups (SIC 7929). •Limited to twenty (20) events, one (1) per weekend. Above twenty (20) requires a Temporary Use Permit. 3.Bowling Centers (SIC 7933). 4.Coin-Operated Amusement Devices (SIC 7993 indoor and outdoor). 5.Dance Studios, Schools, and Halls (SIC 7911). 6.Membership Sports and Recreation Clubs (SIC 7997 indoor and outdoor). 7.Physical Fitness Facilities (SIC 7991 indoor and outdoor). 8.Public Golf Courses (SIC 7992 indoor and outdoor). 9.Theatrical Producers (Except Motion Picture) and Miscellaneous Theatrical Services (SIC 7922). 3. Art, such as sculptures 63 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1512 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) EXIST. COUNTYWELLFIELDACCESS ROAD50' DRAINAGE EASEMENT PLAT BOOK 49 PG 97GOLDEN GATECANALPROPERTYLINE10' SPLIT NORTH BUFFER10' SPLIT SOUTH BUFFERPROPERTYLINENO LANDSCAPING REQUIRED FOR THE 10'SPLIT NORTH BUFFER.REQUIRED LANDSCAPING FOR THE 10' SPLITSOUTH LANDSCAPE BUFFER••DOUBLE ROW OF TREES PLANTED ON30' CENTERS (10' HEIGHT) 46' SOUTHOF PL••PINE STRAW/MULCH AT BASE OFTREES••RANDOM GROUPS OF NATIVEGRASSES WITH PINE STRAW/MULCH(INCLUDING NATIVE BAHIA SOD ORNATIVE FOUNTAINGRASSES/WILDFLOWERS ORGROUND COVER PLANTINGS)BAHIA SODEXIST. COUNTYWELLFIELD ACCESSROAD20' UTILITY EASEMENTOR 3965 PG 2877GRADE10' SPLIT NORTH BUFFER10' SOUTH SPLIT BUFFERSHEET NO:4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 F: 239.434.6084Company Cert. of AuthorizationNo. 00009496NCITY GATE COMMERCEPARK MPUD EXHIBIT A-4PAGE 1 OF 2NOTE: REQUIRED LANDSCAPING FOR THE 10' SPLIT NORTH BUFFERSHALL BE INSTALLED IN THE 10' SPLIT SOUTH BUFFER. THIS APPLIES TOTHE BUFFER EAST OF THE FPL EASEMENT.REV. PER CC RAI COMMENTS - 12/09/20191.REVISIONSEXHIBIT A-4 (PAGE 1 OF 2) 64 17.B.2 Packet Pg. 1513 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) EXIST. COUNTYWELLFIELDACCESS ROAD50' DRAINAGE EASEMENT PLAT BOOK 49 PG 97GOLDEN GATECANALPROPERTYLINE10' SPLIT NORTH BUFFER10' SPLIT SOUTH BUFFERPROPERTYLINEBAHIA SODEXIST. COUNTYWELLFIELD ACCESSROAD20' UTILITY EASEMENTOR 3965 PG 2877A MAXIMUM 14' WALL TO BE PLACED WITHIN THE 10' SOUTH BUFFER. SHOULD A WALL BE CONSTRUCTED, PLANTINGS SHALL FOLLOW EXHIBIT A-4, PAGE 1 OF 2, FOR REQUIRED LANDSCAPING IN THE 10' SPLIT SOUTH BUFFER. NO ADDITIONAL LANDSCAPING SHALL BE REQUIRED. TO ACHIEIVE 14' IN HEIGHT, A COMBINATION OF A WALL AND BERM MAY ALSO BE INSTALLED.GRADE10' SPLIT NORTH BUFFER10' SOUTH SPLIT BUFFER14' WALLREQUIRED PLANTINGS TOBE INSTALLED ON THENORTH SIDE OF THE WALLSHEET NO:4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 F: 239.434.6084Company Cert. of AuthorizationNo. 00009496NCITY GATE COMMERCEPARK MPUD EXHIBIT A-4PAGE 2 OF 2REV. PER CC RAI COMMENTS - 12/09/20191.REVISIONSEXHIBIT A-4 (PAGE 2 OF 2) 65 17.B.2 Packet Pg. 1514 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 4365 Radio Road,Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. ofAuthorizationNo. 00009496SHEET NO:CITY GATE BOULEVARD NORTHCITY GATE BOULEVARD SOUTHBRENNAN DRIVECOLLIER BOULEVARDCITY GATEDRIVEWHITE LAKE BOULEVARDCOMBINEDDIRECTIONAL SIGNSDEVIATION #6 AND #7DOUBLE SIDEDDIRECTORY SIGNDEVIATION #3MONUMENT SIGNDEVIATION #11OFF-PREMISE IDENTIFICATIONSIGN WITH DISPLAYDEVIATION #8 AND #9SEE EXHIBIT A-5,PAGE 2 OF 2CITY GATE COMMERCE PARKMPUD EXHIBIT A-5 PAGE 1 OF 2:SIGN DEVIATIONS EXHIBITREV. PER CC RAI COMMENTS - 12/09/20191.REVISIONSEXHIBIT A-5 (PAGE 1 OF 2) 66 17.B.2 Packet Pg. 1515 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) CITY GATE COMMERCE PARKCOLLIER COUNTYSPORTS COMPLEX9' X 15'DISPLAYAREASHEET NO:4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 F: 239.434.6084Company Cert. of AuthorizationNo. 00009496CITY GATE COMMERCE PARK MPUDEXHIBIT A-5 PAGE 2 OF 2:OFF PREMISE IDENTIFICATION SIGNWITH DISPLAY MPUD/SPORTSCOMPLEX PROJECT SIGN DEVIATIONSREV. PER CC RAI COMMENTS - 12/09/20191.REVISIONSEXHIBIT A-5 (PAGE 2 OF 2) 67 17.B.2 Packet Pg. 1516 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted CITY GATE “REQUIRED YARD” PLAN I.OBJECTIVE, PURPOSE, LOCATION AND AMOUNT OF NATIVE VEGETATION RETENTION: 1.OBJECTIVE: To provide a procedure by which the vested rights determination for the CITY GATE DRI may be implemented with respect to the location and amount of native vegetation preservation / retention, applicable setbacks and buffers thereto, and all other regulations relating to native vegetation to be preserved on the DRI Property. 2.PURPOSE: The purpose of this Plan is to accomplish the retention of Native Vegetation within the Required Yards in a manner consistent with the CITY GATE Development Orders; to maintain property and aesthetic values within the CITY GATE project; to promote the survival of Native Vegetation in Required Yards and to promote supplemental planting of Native Vegetation within the Required Yards. This document is intended to be the sole source of the standards and procedures by which development permit submittals will be processed and approved by Collier County. 3.LOCATION OF NATIVE VEGETATION PRESERVATION / RETENTION: The preservation and retention of Native Vegetation shall be in Required Yards or Open Spaces as defined below. Such preservation and retention shall be on lots and in a manner consistent with the CITY GATE Development Orders. 4.GOAL AMOUNT OF NATIVE VEGETATION PRESERVED OR RETAINED IN REQUIRED YARDS: The goal amount of Native Vegetation to be preserved in Required Yards in Phase Two is 5.15 acres (6.84 acres, the agreed amount of 15% of the existing Native Vegetation in Phase Two, less a credit of 1.69 acres as provided VII (A)(2) below). The goal amount of Native Vegetation to be preserved in Required Yards in Phase Three is 24.59 acres (26.02 acres, the agreed amount of 15% of the existing Native Vegetation in Phase Three, less a credit of 1.43 acres as provided VII (A)(2) below). II.DEFINITIONS: CITY GATE DEVELOPMENT ORDERS shall mean the development orders approved by Collier County for CITY GATE as follows: On December 13, 1988 the Board of County Commissioners of Collier County adopted Development of Regional Impact Development Order 88-2 authorizing the development of the property subject to the terms and conditions of that Development Order. At the same time as the adoption of Development Order 88-2, the Board of County Commissioners adopted Ordinance 88-93, which rezoned the DRI Property from “A”- Agriculture to “PUD”-Planned Unit Development known as CITY GATE COMMERCE PARK (the “PUD”). The PUD was amended by Ordinance #2010-42, adopted on November 9, 2010. The PUD was again amended by Ordinance #2018-13, adopted on March 27, 2018. The PUD was again amended by Ordinance , adopted on . The Development Order has been amended by Development Order Amendment 90-4 (adopted August 28, 1990), Development Order Amendment 95-2 (adopted February 21, 1995), Development Order EXHIBIT A-6 (PAGE 1 OF 29) 68 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1517 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted Amendment 2000-02 (adopted May 23, 2000), and Development Order Amendment 2010-01 (adopted November 9, 2010). The Development Order has been again amended by Development Order Amendment 18-01 (adopted March 27, 2018). The Development Order has been again amended by Ordinance , adopted on . EXOTIC & NUISANCE VEGETATION shall mean all Category I Invasive exotics, as listed by the Florida Exotic Plant Pest Council that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives. Exotics shall include, but are not limited to, all specifically listed exotics in Collier County LDC, Section 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation. Nuisance vegetation shall include, but is not limited to, native vegetation that is locally invasive and which a qualified biologist deems inconsistent with the management objectives of the Required Yards. For example, Caesar’s Weed (Urena lobata) and Grapevine (Muscadine rotundifolia). LAKE/RECREATIONAL AREA does not have a yard requirement. Within the Lake / Recreational Area, at least one (1) acre will be replanted or retained native vegetation, which shall be credited toward this Required Yard’s native vegetation retention/preservation goal/requirement. Lots abutting the Lake and Recreational Tract (Tract RL) shall have the option to eliminate the rear or a portion of the rear Required Yard along the shared property boundary with Tract RL, provided that the total required native vegetation is met by expanding the remaining Required Yards within the lot seeking reduction along the lake bank. LOT shall mean (i) a single area or parcel of land established by plat or (ii) two or more contiguous areas or parcels of land established by plat owned by the same person or entity that are jointly submitted for an Site Development Plan. NATIVE VEGETATION shall mean native southern Floridian species, as determined by accepted valid scientific references identified in the Collier County Land Development Code. YARDS shall mean a front yard of 50 feet; a rear yard of 50 feet; and a side yard of 25 feet of a Lot (ORDINANCE 88-93, Section III, 3.3.C; See also; DO 90-4, Section One, 4, d.5). As it relates to the Sports Complex Lot property, the Yard (adjacent to White Lake Planned Unit Development) shall be (50) fifty-feet (ORDINANCE 2018-13, Section 3.3 C.) REQUIRED YARD means the Yards, less 20% for pedestrian pathways, sidewalks, decks, boardwalks, vehicular drives, and parking spaces. This (20%) area will be identified in a Site Development Plan submittal. (ORDINANCE 88-93, Section III, 3.3.C; See also; DO 90-4, Section One, 4, d.5). EXHIBIT A-6 (PAGE 2 OF 29) 69 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1518 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) City Gate Commerce Park MPUD        Underlined text is added; Struck through text is deleted  PUDR‐PL20190001494  March 16, 2020  MINIMUM ON SITE NATURAL AND /OR INSTALLED LANDSCAPE AREAS: For lots east of F.P. & L. easement the minimum of on site natural and/or installed Landscaped Areas will be 30% of gross site area The term “Landscape Area” is construed to include fountains, pools, ponds, and other water features, walks, terraces, courtyards and other pedestrian spaces when such non-botanical features, do not exceed 15% of the total required minimum on site natural and/or installed Landscaped Area. (ORDINANCE 88-93, Section III, 3.3.C) There is no required minimum of on site natural and/or installed Landscaped Area for the FPL easement. When a Lot includes the FPL easement, that portion encumbered by the FPL easement is not included in the calculation of the gross site area used to determine the minimum of on site natural and/or installed Landscaped Areas for that Lot. PLAT SUBDIVISION IMPROVEMENTS: Improvements (e.g. water and sewer facilities, storm drainage, street lighting, perimeter berm, etc.) associated with a plat and required by Collier County Ordinances and Resolutions ("Land Development Regulations"). PHASE TWO: means the phase of CITY GATE DRI for which construction plans and a plat submittal has been approved and recorded in Plat Book 49, Pages 97-100 inclusive of the Public Records of Collier County Florida. As used in this Plan, Phase Two does not and is not intended to mean or include the remaining acres of the CITY GATE DRI. PHASE THREE: means the phase of CITY GATE depicted as Phase Three on Exhibit A-6, Pages 25-2826-29 of 2829 of this document and for which construction plans and plat submittals have been approved and recorded in Plat Book 63, Pages 84-90 and Plat Book 65 Pages 95-97, and for which construction plans and a plat will be approved and recorded in inclusive of the Public Records of Collier County Florida. “SPLIT” PERIMETER LANDSCAPE BUFFER: means the landscape buffer along the north property line east of the FPL easement, as set forth in the updated diagram attached hereto as Exhibit “A”, which is also Exhibit A-4 to the PUD. SPORTS COMPLEX PROJECT: means the area defined in the PUD and the Master Development Plan Exhibit A-1 as the Sports Complex lLot, the Sports Complex Extension and any abutting lot within the PUD, which is owned or leased by Collier County as a unified plan of development. In the event that the Sports Complex Project Lot is jointly planned with a portion of the contiguous County owned property, along the eastern boundary, the following location of the native vegetation alternatives or combinations thereof shall apply: A.Within the Required Yards of the Sports Complex Project Lot in the PUD; B.Within an open space area(s), on the Sports Complex Project in the PUD, with 100% native vegetation with all three strata; and C.Within other areas on the Sports Complex Project, parcels in the PUD that are not perimeter yards may be used to meet the native vegetation retention acreage requirement for the PUD. These areas shall not be occupied by buildings, impervious areas, streets, or driveways and will consist of 100% retained and/or replanted native vegetation. These areas shall meet the minimum widths (25-feet) of Yards and a minimum contiguous area of 1,250 square feet. 70 17.B.2 Packet Pg. 1519 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted D.Up to 50% of the required native vegetation for the Sports Complex Project Lot may be retained on the abutting County owned property, utilized for the expansion of the Sports Complex within a unified site development plan, in accordance with the PUD deviation found in Section II – Paragraph 2.7 – Deviation #21. E.Passive Recreational Uses: Passive uses are allowed within Yards as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. Passive uses are specified in LDC section “Allowable uses within County required preserves”. III.PLAT SUBMITTAL AND CONSTRUCTION OF SUBDIVISION IMPROVEMENTS: 1.AERIALS & MAPS: Plat submittals must include: A.An aerial identifying Native Trees within the yards of the Lots proposed in Plat submittal; B.A map identifying the species and location of Native Trees in the Yards of the lots proposed in the Plat submittal. This Map shall be based on the characteristics of the Florida Land Use, Covers and Forms Classifications System (FLUCFCS) code. C.Within sixty days of the issuance of a clearing permit for the right of way to be platted; the aerial and map mentioned above will be ground truthed and a revised (“ground truthed”) aerial and FLUCFCS map must be submitted. The FLUCFCS Map shall delineate the Native Tree species as well as the percentage utilized within an area. 2.PROTECTION DURING PLAT SUBDIVISION IMPROVEMENTS: During construction of plat subdivision improvements, all reasonable steps necessary to prevent the destruction or damaging of Native Vegetation within a Required Yard shall be taken, including the installation of protective barriers. Native Vegetation within Required Yards that is destroyed or receives major damage must be replaced with Native Vegetation in accordance with the Replacement Standards as set forth herein, before occupancy or use of that Lot or Lot(s), unless approval for their removal has been granted under permit. A.During construction, no excess soil, additional fill, equipment, liquids, or construction debris shall be placed within a Yard, except necessary for the installation of utilities. B.No soil is to be removed from within the drip line of any vegetation that is to remain in its original location, except as necessary for the installation of utilities in the Required Yard. C.Required Yards, less portions designated on the plat for the installation of utilities, shall be protected during land alteration and construction activities by placing a barrier around the perimeter of the Right of Way along the area of vegetation to be retained and on either side of any drainage easements outside of the Right of Way. This barrier shall be highly visible and constructed of wood stakes set a maximum of ten (10) feet apart, at a height range of two (2) to four (4) feet, all EXHIBIT A-6 (PAGE 4 OF 29) 71 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1520 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted covered continuously with an all-weather mesh material or equal type barrier method. D.Protective barriers shall be installed and maintained for the period of time beginning with the commencement of subdivision improvements and ending with substantial completion of the subdivision improvements of that plat. E.All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, Division of Forestry, State of Florida or other methods approved by the County Manager or designee. Temporary Signage shall be placed around the Front Yard areas to identify and protect the Required Yard during construction. The signs shall be limited to a maximum height of four feet and a maximum size of two square feet. One sign will be placed in the front yard of each Lot. 3.NATIVE VEGETATION TO BE PRESERVED DURING INSTALLATION OF PLAT SUBDIVISION IMPROVEMENTS: A.Native Vegetation, located within Yards, will be preserved unless it is necessary to remove such vegetation: i.to provide ingress and egress to the Lot; or ii.when grade changes, surface water drainage or utility installations will damage or destroy the vegetation. IV.SITE DEVELOPMENT PLAN SUBMITTAL AND CONSTRUCTION OF BUILDING/SITE IMPROVEMENTS: 1.SITE DEVELOPMENT PLAN SUBMITTAL: Each Site Development Plan submittal must contain: A.An aerial identifying Native Trees within the Required Yards. B.A Map identifying the species and location of Native Trees in the Front Yards. This Map shall be based on the characteristics of the Florida Land Use, Covers and Forms Classifications System (FLUCFCS) code. The Map shall delineate the Native Tree species as well as the percentage utilized within an area. This map shall also identify the location of golden polypody ferns and butterfly orchids, if any, on the property submitted in the SDP. Golden polypody ferns and butterfly orchids shall be relocated to an appropriate place within the Required Yard. If no appropriate place can be found within the required yard, the golden polypody ferns and butterfly orchids may be relocated to the Lake/Recreational Parcel and/or existing Required Yards. 2.WHAT MUST BE RETAINED IN REQUIRED YARDS: A.Native Vegetation, located within Required Yards, will be conserved unless it is necessary to remove such vegetation: 1. to provide ingress and egress to the Lot; or 2.when grade changes, surface water drainage or utility installations will damage or destroy the vegetation; or 3.when the permitted use of 20% of the yard for pedestrian pathways/sidewalks, decks, boardwalks, vehicular drives, and parking spaces will damage or destroy the vegetation. EXHIBIT A-6 (PAGE 5 OF 29) 72 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1521 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted B.Phase Two/Three Blend: In the instance where lots from Phase Two and Three are replatted together for future development, the native vegetation requirement for those combined lots shall be provided based on the location of each property within Exhibit “H”, but in no case will the total be less than 29.74 acres (Phase Two and Phase Three). C.The minimum native vegetation for Phase One is (0.82 acres), which is also shown on Exhibit A-6, page 25 of 28 26 of 29. The Phase One Native Vegetation has been approved with ICP-PL20180002853. 3.PROTECTION DURING SITE DEVELOPMENT / CONSTRUCTION: During construction, all reasonable steps necessary to prevent the destruction or damaging of Native Vegetation shall be taken, including the installation of protective barriers. Native Vegetation within Required Yards that is destroyed or receives major damage must be replaced by Native Vegetation in accordance with the Replacement Standards as set forth herein, before occupancy or use, unless approval for their removal has been granted under permit. A.During construction, no excess soil, additional fill, equipment, liquids, or construction debris shall be placed within the Required Yard, except necessary for the installation of utilities and additional supplemental native vegetation within the Required Yard. B.No attachments or wires, other than those of a protective or nondamaging nature, shall be attached to any vegetation within a Required Yard during construction. C.No soil is to be removed from within the drip line of any vegetation that is to remain in its original location, except necessary for the installation of utilities in the Required Yard. D.Required Yards, not already disturbed at the time of SDP, shall be protected during land alteration and construction activities by placing a continuous barrier around the perimeter of the area of vegetation to be retained. This barrier shall be highly visible and constructed of wood stakes set a maximum of ten (10) feet apart, at a height range of two (2) to four (4) feet, all covered continuously with an all-weather mesh material or equal type barrier method. E.Protective barriers shall be installed and maintained for the period of time beginning with the commencement of building operations on a site, and ending with the completion of that construction work on the site. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, Division of Forestry, State of Florida or other methods approved by the County Manager or designee. Temporary Signage shall be placed around the Required Yard areas to identify and protect the Required Yard during construction. The signs shall be limited to a maximum height of four feet and a maximum size of two square feet. One sign will be placed in the front yard, in the rear yard, and in each side yard. There shall also be a sign on both sides of the access through the front yard. EXHIBIT A-6 (PAGE 6 OF 29) 73 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1522 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted V.REPLACEMENT STANDARDS: If Native Vegetation required to be preserved within a Required Yard is damaged or destroyed during site development, building or maintenance, the Native Vegetation lost must be replaced in accordance with the following standards: A.Minimum replacement planting standards: 1.The replacement of Native Trees must be with Replacement Trees that are of sufficient size and quantity to replace the DBH inches removed. 2.. Each replacement tree shall be Florida grade No. 1 or better as graded by the Florida Department of Agriculture and Consumer Service. 3.All replacement trees shall be nursery grown, containerized and be a minimum of 10 feet in height. 4.Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than three years. 5.Control of invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code) shall be as provided in the Exotic Vegetation Removal Plan attached herewith as Exhibit “B”. B.The quantity and identification of the species of Native Trees that were removed from a Required Yard will be presumed to be as those identified on the Aerials and Maps provided at the time of Plat, provided conditions within the Required Yard have not changed. If conditions within a Required Yard change so that the condition of the existing Native Trees deteriorates, the type of replacement Native Trees may be change to Native Trees more suitable to the changed condition as determined by a qualified biologist. C. Location of Planting Replacement Vegetation: 1.Each replacement tree will be replanted in the portion of the Required Yard in which the Native Tree was seriously damaged or destroyed. 2.Notwithstanding the foregoing, replacement trees shall not be planted in utility easements. Native Trees that were seriously damaged or destroyed in platted utility easements must be replaced outside of the easement. 3.Replacement locations for Native Trees removed from utility easements in Required Yards shall be selected in the following manner, in descending order of priority: a.A location in the immediately vicinity to the native tree’s original location, if practical; b.Elsewhere in the Required Yard, if a suitable planting location exists that meets the minimum required distances from existing Canopy Trees; or c.Elsewhere on the Lot. D.The understory and groundcover vegetation shall be replaced to the area from which Native Trees were seriously damaged or destroyed, including easements. The selection of plants shall be based on the characteristics of the Florida Land Use, Covers and Forms Classifications System (FLUCFCS) code. The exact number and type of species required will be based on the Replacement Plan attached hereto as Exhibit “C”. E.The timing of installation of replacement plantings will be any time prior to the issuance of a certificate of occupancy or a certificate of completion. EXHIBIT A-6 (PAGE 7 OF 29) 74 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1523 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted VI. REQUIRED YARD USES, SETBACKS AND MAINTENANCE: A.ALLOWABLE USES WITHIN REQUIRED YARD AREAS. 1.Storm Water Management shall be permitted in Required Yards, provided that a sedimentation catch basin, or equivalent pretreatment system, is employed at all discharge points of storm water into Required Yards; 2.Utility Easements are permitted in Required Yards; 3.Fences and walls are permitted along the perimeter of any Required Yard area; 4.. Signs, identifying the business/tenant(s), are permitted in Front Required Yards but must be proximate to entries drives and, if possible and practical, located in a utility easement; 5.Benches are permitted in the Required Yard; and 6.Per the recorded DCA (O.R. Book(s), 4517 & 5168, Pages,640 & 3989), the provision and or construction of right turns lanes will not result in the loss of any developable area on lots affected. The setback/yard shall be measured from the adjacent property line to any right-of-way and not the right-of-way easement required for each turn lane. The required percentage of the required yard for each affected lot shall not change as noted above.; and 7.Passive Recreational Uses: Passive uses are allowed within Yards as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. Passive uses are specified in LDC section “Allowable uses within County required preserves”. B.REQUIRED SETBACKS TO REQUIRED YARDS. 1.All principal structures shall have no setback from the boundary of any Required Yard. 2.Parking lots and site alterations associated with parking lots shall have no setback from Required Yards. (DO 88-93, Section III, 3.3.C) C.GENERAL MAINTENANCE. 1.Trees, including sabal palm, may be pruned of dead or dying branches\fronds. 2.Native vegetation adjacent to a boundary of the Required Yard may be pruned to prevent its growth into and/or over parking areas or buildings. If a tree within 10’ of a boundary of the Required Yard continually requires pruning to prevent its growth into and/or over parking areas or buildings, it may be replaced with another native tree species that is more compatible with the proximity of parking area or building. 3. All required yards shall be kept free of refuse, debris, and exotic or nuisance vegetation. 4. Due to the history of wildfires in the project area, trees may be pruned/trimmed and understory may be thinned to prevent the spread of wildfires. D.PROTECTIVE COVENANTS. The Maintenance Responsibility of all Required Yards shall be the Master Property Owners' Association or a Community Development District. Said Association or District shall have the authority to enforce violations, by EXHIBIT A-6 (PAGE 8 OF 29) 75 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1524 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted lien and/or tax assessment, and to secure compliance of this Plan, more specifically but not limited to the requirement to replace damaged or destroyed Native Vegetation within a Required Yard with Native Vegetation as set forth in the Replacement Standards. Further, the Association or District shall have the authority and responsibility to install replacement Native Vegetation on a Required Yard for violations of this Plan. The Association or District as well as the owner shall be responsible for the continued maintenance and upkeep of all replaced native vegetation so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation. The Association or District shall be responsible for ongoing maintenance to prohibit the establishment of prohibited exotic species. Any replacement vegetation shall be replaced within 30 days of their demise and/or removal. E.COUNTY INSPECTIONS. The Required Yards shall be completed and approved for a specific Lot prior to the issuance of a certificate of occupancy. Prior to preliminary acceptance of the required subdivision improvements for a Phase or Plat, the Yards may be inspected to verify compliance with this Plan. VII SPECIFIC RULES: A.MAIN GOLDEN GATE CANAL LOTS: Those lots adjacent to Unit 28 of Golden Gate Estates or a replat thereof and the Canal Easement for the Main Golden Gate Canal: 1.PRIOR CLEARING: The Developer; the Property Owner’s Association or any future property owner are not required to replant Native Vegetation on any portions of Yards that were cleared by Collier County or Collier County’s contractor/agent prior to the date of this Plan. This does not obviate Developer’s obligation to install any perimeter landscape buffer required by the CITY GATE DRI within any portion of Yards that have been cleared prior to the date of this Plan. 2.NATIVE VEGETATION CALCULATIONS: In any calculation to determine whether the amount of Native Vegetation retained in Required Yards on Lots in the plat of a subdivision phase is sufficient, the total amount of Native Vegetation to be retained in that phase shall be reduced by an amount equal to sixty percent (60%) of the portion of lots contained in that phase that were cleared by Collier County or Collier County’s contractor/agent prior to the date of this plan. The Developer shall not be required to replant or recreate native vegetation in any portion of this area. The agreed amount of land cleared in Phase Two is 2.81 acres; therefore the total amount of Native Vegetation to be retained in this Phase is reduced by 1.69 acres. The agreed amount of remaining land cleared is 2.38 acres. 3. “SPLIT” LANDSCAPE BUFFER: The Developer agrees that all the vegetation used for the split perimeter landscape buffer will be native but shall not be required to meet the Replacement Standards or Recreation Standards. B.FPL EASEMENT LOTS: Those Lots adjacent to the 170’ wide Florida Power & Light easement. EXHIBIT A-6 (PAGE 9 OF 29) 76 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1525 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Underlined text is added; Struck through text is deleted 1.SETBACK: There is no setback from the 170’ wide Florida Power & Light easement. VIII EXHIBITS OF PLAN: Attached hereto are Exhibits “A – H”. Attached hereto as composite Exhibit “D” are three examples of site plans that are consistent with and compatible with this Plan. Exhibit “E”, Exhibit “F” and Exhibit “G” provide the Native Vegetation calculations for the plats of Phase Two and Phase Three, respectively. In the instance where lots from Phase Two and Three are replatted together for future development, the native vegetation requirement for those combined lots shall be calculated based on the location of each property, as provided in Exhibit “H”. EXHIBIT A-6 (PAGE 10 OF 29) 77 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1526 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) EXIST. COUNTY WELLFIELD ACCESS ROAD 50' DRAINAGE EASEMENT PLAT BOOK 49 PG 97 GOLDEN GATE CANAL PROPERTY LINE 10' SPLIT NORTH BUFFER 10' SPLIT SOUTH BUFFER PROPERTY LINE NO LANDSCAPING REQUIRED FOR THE 10' SPLIT NORTH BUFFER. REQUIRED LANDSCAPING FOR THE 10' SPLIT SOUTH LANDSCAPE BUFFER ··DOUBLE ROW OF TREES PLANTED ON 30' CENTERS (10' HEIGHT) 46' SOUTH OF PL ··PINE STRAW/MULCH AT BASE OF TREES ··RANDOM GROUPS OF NATIVE GRASSES WITH PINE STRAW/MULCH (INCLUDING NATIVE BAHIA SOD OR NATIVE FOUNTAIN GRASSES/WILDFLOWERS OR GROUND COVER PLANTINGS) BAHIA SOD EXIST. COUNTY WELLFIELD ACCESS ROAD 20' UTILITY EASEMENTOR 3965 PG 2877 GRADE 10' SPLIT NORTH BUFFER10' SOUTH SPLIT BUFFER SHEET NO: 4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 N CITY GATE COMMERCE PARK MPUD EXHIBIT A-4 PAGE 1 OF 2 NOTE: REQUIRED LANDSCAPING FOR THE 10' SPLIT NORTH BUFFER SHALL BE INSTALLED IN THE 10' SPLIT SOUTH BUFFER. THIS APPLIES TO THE BUFFER EAST OF THE FPL EASEMENT.EXHIBIT A (EXHIBIT A-4 WITHIN PUD) PAGE 1 OF 2EXHIBIT A-6 (PAGE 11 OF 29)7817.B.2Packet Pg. 1527Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) EXIST. COUNTY WELLFIELD ACCESS ROAD 50' DRAINAGE EASEMENT PLAT BOOK 49 PG 97 GOLDEN GATE CANAL PROPERTY LINE 10' SPLIT NORTH BUFFER 10' SPLIT SOUTH BUFFER PROPERTY LINE BAHIA SOD EXIST. COUNTY WELLFIELD ACCESS ROAD 20' UTILITY EASEMENTOR 3965 PG 2877 A MAXIMUM 14' WALL TO BE PLACED WITHIN THE 10' SOUTH BUFFER. SHOULD A WALL BE CONSTRUCTED, PLANTINGS SHALL FOLLOW EXHIBIT A-4, PAGE 1 OF 2, FOR REQUIRED LANDSCAPING IN THE 10' SPLIT SOUTH BUFFER. NO ADDITIONAL LANDSCAPING SHALL BE REQUIRED. GRADE 10' SPLIT NORTH BUFFER10' SOUTH SPLIT BUFFER 14' WALL REQUIRED PLANTINGS TO BE INSTALLED ON THE NORTH SIDE OF THE WALL SHEET NO: 4365 Radio Road, Suite 201 Naples, Florida 34104 P: 239.434.6060 F: 239.434.6084 Company Cert. of Authorization No. 00009496 N CITY GATE COMMERCE PARK MPUD EXHIBIT A-4 PAGE 2 OF 2EXHIBIT A (EXHIBIT A-4 WITHIN PUD) PAGE 2 OF 2EXHIBIT A-6 (PAGE 12 OF 29)7917.B.2Packet Pg. 1528Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) EXHIBIT B EXOTIC VEGETATION REMOVAL PLAN A.All Category I Exotics, as defined in the latest exotic plant list published by the Florida Exotic Pest Plant Council, must be removed from the entire platted phase of development. Notwithstanding the foregoing, if a plat submittal includes a tract that must be re-platted, then Exotic will be removed from that tract in conjunction with the re-plat. B.Exotics within the yard shall be physically removed, or the tree cut down to grade and the stump treated. The base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. C.Exotics in a yard may not be “treated in place”. D.Control of exotics shall be implemented on a yearly basis to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. 1.Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a.From all rights-of-way and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b.From an entire building site prior to the issuance of the certificate of occupancy for that building. c.From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvements prior to the issuance of a certificate of occupancy. 2.Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. 3.Exotic vegetation maintenance plan. Annual plans, which require prohibited exotic vegetation removal and describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis. EXHIBIT A-6 (PAGE 13 OF 29) 80 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1529 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) EXHIBIT C NATIVE VEGETATION REPLACEMENT PLAN TREES Tree requirements are provided for in Required Yard Plan, page 7 of 28 29. An example of tree replacement would be removal of one (1) 8-inch DBH pine tree may be replaced by four (4) 2-inch DBH pine trees or an y combination of pine trees that total the removed DBH. SHRUBS Replacement Shrubs within Required Yard Easements: The shrub layer is proposed for planting on 20’ centers. The shrubs will be appropriately clustered throughout the Required Yard to mimic natural conditions. Replacement shrubs will meet all standards for restoration and will be a minimum of 3 gallon in size, graded Florida Number 1 or better. Replacement Shrubs within all other portions of Required Yards: The shrub layer is proposed for planting on 5’ centers. The shrubs will be appropriately clustered throughout the Required Yard to mimic natural conditions. Replacement shrubs will meet all standards for restoration and will be a minimum of 7 gallon in size, graded Florida Number 1 or better. FLUCFCS 411 & FLUCFCS 321: Based on vegetation typical of a pine flatwoods and palmetto prairie communities, the species of shrubs planted will selected from the table below, with at least 3 species utilized: SCIENTIFIC NAME COMMON NAME Callicarpa Americana beautyberry Serenoa repens saw palmetto Myrica cerifera wax myrtle Myrsine floridana myrsine Ilex glabra gallberry/inkberry Rhus copallinum winged sumac FLUCFCS 427: Based on vegetation typical of an oak community, the species of shrubs planted will selected from the table below, with at least 3 species utilized: SCIENTIFIC NAME COMMON NAME Callicarpa Americana beautyberry Serenoa repens saw palmetto Zamia pumila coontie Ilex glabra gallberry/inkberry Rhus copallinum winged sumac EXHIBIT A-6 (PAGE 14 OF 29)EXHIBIT C (PAGE 1 OF 2) 81 City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1530 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) EXHIBIT C NATIVE VEGETATION REPLACEMENT PLAN (CONTINUED) Ground Cover The herbaceous layer is proposed for planting on 5’ centers. The plants will be appropriately clustered throughout the planting area to mimic natural conditions. Replacement plants will meet all standards for restoration and will be a minimum of bare root in size, graded Florida Number 1 or better. FLUCFCS 411 & FLUCFCS 321: Based on vegetation typical of a pine flatwoods and palmetto prairie communities, the species of herbaceous groundcover planted will picked from the table below, with at least 3 species utilized: SCIENTIFIC NAME COMMON NAME Coreopsis spp. Tickseed Liatris gracilis blazing star Panicum virgiatum switchgrass Saccharum giganteum giant plumegrass Spartina bakeri sand cordgrass Tripsacum dactyloides Fakahatchee grass Piloblephis rigida Florida pennyroyal Aristida spp wire grass FLUCFCS 427: Based on vegetation typical of an oak community, the species of herbaceous groundcover planted will picked from the table below, with at least 3 species utilized: SCIENTIFIC NAME COMMON NAME Coreopsis spp. Tickseed Liatris gracilis blazing star Panicum virgiatum switchgrass Piloblephis rigida Florida pennyroyal Aristida spp wire grass General Notes: 1.Specific species chosen from the above lists will be subject to nursery availability. Substitutions of similar species may be made. 2. Individual plants may be grouped or “clumped” to more accurately mimic natural conditions. 3. All plants will be graded Florida Number 1 or better. 4.This plan may be modified to allow for changing conditions. Should conditions within a required yard change so that the condition of the existing native vegetation deteriorates, the above lists of native species may be amended to add native plants more suitable to the changed condition. As an example, if a saw palmetto is destroyed within a Required Yard but the duration of hydro-period has increased to the point that a replacement saw palmetto may not survive, then it may be replaced with a more water tolerant native species. EXHIBIT A-6 (PAGE 15 OF 29) EXHIBIT C (PAGE 2 OF 2) 82City Gate Commerce Park MPUD PUDR-PL20190001494 March 16, 2020 17.B.2 Packet Pg. 1531 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) EXHIBIT D (PAGE 1 OF 10)EXHIBIT A-6 (PAGE 16 OF 29)8317.B.2Packet Pg. 1532Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) GOLDEN GATE CANAL3213219321Composite Exhibit D (Cont.)EXHIBIT D (PAGE 2 OF 10)EXHIBIT A-6 (PAGE 17 OF 29)8417.B.2Packet Pg. 1533Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) GOLDEN GATE CANAL3213219321Composite Exhibit D (Cont.)EXHIBIT D (PAGE 3 OF 10)EXHIBIT A-6 (PAGE 18 OF 29)8517.B.2Packet Pg. 1534Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) EXHIBIT D (PAGE 4 OF 10)EXHIBIT A-6 (PAGE 19 OF 29)8617.B.2Packet Pg. 1535Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 740 411 411 411 Composite Exhibit D (Cont.) 424H-E4 EXHIBIT A-6 (PAGE 20 OF 29)EXHIBIT D (PAGE 5 OF 10) 87 17.B.2 Packet Pg. 1536 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 424H-E4 740 411 411 411 Composite Exhibit D (Cont.)EXHIBIT D (PAGE 6 OF 10) EXHIBIT A-6 (PAGE 21 OF 29) 88 17.B.2 Packet Pg. 1537 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) EXHIBIT D (PAGE 7 OF 10)EXHIBIT A-6 (PAGE 22 OF 29)8917.B.2Packet Pg. 1538Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 32194273213214114113219Composite Exhibit D (Cont.)EXHIBIT D (PAGE 8 OF 10)EXHIBIT A-6 (PAGE 23 OF 29)9017.B.2Packet Pg. 1539Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) 32194273213214114113219Composite Exhibit D (Cont.)EXHIBIT D (PAGE 9 OF 10)EXHIBIT A-6 (PAGE 24 OF 29)9117.B.2Packet Pg. 1540Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) LOTS 2 & 3 COLLIER COUNTY WATER TREATMENT PLANT 60' R/W 60' R/W15' DE80' R/W15' DE 15' DE 15' DE SDP EXAMPLE #1 LOTS 7,8,9,10 SDP EXAMPLE #3 LOTS 15,16,17 SDP EXAMPLE #2 COMPOSITE EXHIBIT D "KEY TO LOTS" EXHIBIT D (PAGE 10 OF 10) EXHIBIT A-6 (PAGE 25 OF 29) 92 17.B.2 Packet Pg. 1541 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) PHASE THREENATIVE VEGETATIONREQUIREMENTSPHASE THREENATIVE VEGETATIONREQUIREMENTSPHASE TWONATIVE VEGETATIONREQUIREMENTSPHASE TWONATIVE VEGETATIONREQUIREMENTSPHASE TWONATIVE VEGETATIONREQUIREMENTSCOLLIER BOULEVARDC.R.951CITY GATE DRIVECOLLIER BOULEVARDC.R.951INTERSTATE 75PHASETWOPHASETHREEPHASEONEPHASEONEPHASEONE4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 F: 239.434.6084Company Cert. of Authorization No. 00009496CITY GATEDEVELOPMENT LLC,GG II, LLC &850 NWN, LLC159 SOUTH MAIN STREET.SUITE 500AKRON, OHIO 44309(330) 998-0225CITY GATE COMMERCE PARK MPUDDESIGNED BY:DRAWN BY:CHECKED BY:PROJECT NO.:J.A.W.J.A.W.J.M.F.SHEET NO:SHEET TITLE:PROJECT:DATE:REV.DESCRIPTIONREVISIONSCLIENT:NATURAL VEGETATIONREQUIREMENTS PHASE EXHIBITNEXHIBIT ELEGENDNOTE:1 4.24.2019 Note Addition (Phase One Native Vegetation)EXHIBIT A-6 (PAGE 26 OF 29) 93 17.B.2 Packet Pg. 1542 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) GOLDEN GATE CANALCOLLIER BOULEVARD (C.R. 951)DUSTRIAL PARKWhite Lake BlvdUtilities Drive12.33FLORIDA POWER AND LIGHT EASEMENT422424-E43213219424H-E4411411411740740740624-E1624-E21.321.470.509.6627.000.9453.086.404270.671.32424-E4424H-E4411H-E1411H-E2424-E483210.391.263.921.150.69113.00411H-E32.355.224113.867401.6342414.157401.608140.734111.6842412.037400.78PHASETWOPHASE TWONATIVE VEGETATIONREQUIREMENTSPHASE TWONATIVE VEGETATIONREQUIREMENTSPHASE TWONATIVE VEGETATIONREQUIREMENTSSOUTH COUNTY REGIONALWATER TREATMENT PLANT(NOT WITHIN CITYGATECOMMERCE PARK PUD)4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 F: 239.434.6084Company Cert. of Authorization No. 00009496CITY GATEDEVELOPMENT LLC,GG II, LLC &850 NWN, LLC159 SOUTH MAIN STREET.SUITE 500AKRON, OHIO 44309(330) 998-0225CITY GATE COMMERCE PARK MPUDDESIGNED BY:DRAWN BY:CHECKED BY:PROJECT NO.:J.A.W.J.A.W.J.M.F.SHEET NO:SHEET TITLE:PROJECT:DATE:REV.DESCRIPTIONREVISIONSCLIENT:NNATIVE VEGETATION REQUIREMENTCITY GATE PHASE TWOEXHIBIT FLEGENDNON-NATIVE VEGETATION WITHINPHASE TWO CITY GATE (27.30 AC.)PHASE TWO NATIVE VEGETATION CALCULATIONTOTAL PHASE TWO ACREAGE = 72.90 AC.TOTAL NON-NATIVE VEGETATION= 27.30 AC.TOTAL NATIVE VEGETATION*= 45.60 AC.15% OF NATIVE VEGETATION (LDC 3.05.07.B) = 45.60 AC * 0.15 = 6.84 AC.PHASE TWO LOT LINE (OR 4532 PG 524;OR 4751 PG 3112)*NATIVE VEGETATION CALCULATION BASED ONPREVIOUSLY REVIEWED AND APPROVED 2004 FLUCCSCLEARING CREDIT = 1.69 AC.1. TOTAL CITY GATE PUD (291.55 AC.) -PHASE THREE (182.20 AC.) - PHASE ONE(36.45 AC.) = PHASE TWO (72.90 AC.)2. NATIVE VEGETATION CALCULATIONBASED ON PREVIOUSLY REVIEWED ANDAPPROVED 2004 FLUCCSGENERAL NOTES:TOTAL REQUIRED NATIVE VEGETATION = 6.84 AC - 1.69 AC = 5.15 AC.PHASE TWO NATIVE VEGETATIONCALCULATION PER ACRETOTAL PHASE TWO ACREAGE = 72.90 AC.TRACT R OMITTED* = 10.88 AC.TOTAL DEVELOPABLE PHASETWO ACREAGE= 62.02 AC.TOTAL REQUIRED NATIVE 5.15 / 62.02VEGETATION PER ACRE= 0.083 AC.0.083 AC OF NATIVEVEGETATION REQUIREDPER 1 ACRE OFDEVELOPABLE LAND WITHINPHASE TWO*RIGHT OF WAY TRACTEXHIBIT A-6 (PAGE 27 OF 29) 94 17.B.2 Packet Pg. 1543 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) GOLDEN GATE CANALCOLLIER BOULEVARD (C.R. 951)White Lake Blvd.Utilities Drive12.33FLORIDA POWER AND LIGHT EASEMENT422424-E43213219424H-E4411411411740740740624-E1624-E21.321.470.509.6627.000.9453.086.404270.671.32424-E4424H-E4411H-E1411H-E2424-E483210.391.263.921.150.69113.00411H-E32.355.224113.867401.6342414.157401.608140.734111.6842412.037400.78PHASETHREESOUTH COUNTY REGIONALWATER TREATMENT PLANT(NOT WITHIN CITYGATECOMMERCE PARK PUD)4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 F: 239.434.6084Company Cert. of Authorization No. 00009496CITY GATEDEVELOPMENT LLC,GG II, LLC &850 NWN, LLC159 SOUTH MAIN STREET.SUITE 500AKRON, OHIO 44309(330) 998-0225CITY GATE COMMERCE PARK MPUDDESIGNED BY:DRAWN BY:CHECKED BY:PROJECT NO.:J.A.W.J.A.W.J.M.F.SHEET NO:SHEET TITLE:PROJECT:DATE:REV.DESCRIPTIONREVISIONSCLIENT:NATIVE VEGETATION REQUIREMENTCITY GATE PHASE THREENLEGENDNON-NATIVE VEGETATIONWITHIN PHASE THREE CITYGATE (8.74 AC.)EXHIBIT GPHASE TWO LOT LINE/FUTURE PHASE THREEPHASE THREE NATIVE VEGETATION CALCULATIONTOTAL PHASE THREE ACREAGE = 182.20 AC.TOTAL NON-NATIVE VEGETATION= 8.74 AC.TOTAL NATIVE VEGETATION*= 173.46 AC.15% OF NATIVE VEGETATION (LDC 3.05.07.B) = 173.46 AC * 0.15 = 26.02 AC.TOTAL REQUIRED NATIVE VEGETATION= 26.02 AC - 1.43 AC = 24.59 AC.CLEARING CREDIT= 1.43 AC.1. TOTAL CITY GATE PUD (291.55 AC.) - PHASETWO (72.90 AC.) - PHASE ONE (36.45 AC.) =PHASE THREE (182.20 AC.)2. NATIVE VEGETATION CALCULATION BASEDON PREVIOUSLY REVIEWED ANDAPPROVED 2004 FLUCCSGENERAL NOTES:PHASE THREENATIVE VEGETATIONREQUIREMENTSPHASE THREENATIVE VEGETATIONREQUIREMENTS*NATIVE VEGETATION CALCULATION BASED ONPREVIOUSLY REVIEWED AND APPROVED 2004 FLUCCS (OR 4532 PG 524;OR 4751 PG 3112)PHASE THREE NATIVE VEGETATIONCALCULATION PER ACRETOTAL PHASE THREE ACREAGE = 182.20 AC.TRACT R AND RL OMITTED* = 20.93 AC.TOTAL DEVELOPABLE PHASETHREE ACREAGE= 161.27 AC.TOTAL REQUIRED NATIVE 24.591.0 ACRE CREDIT FOR RL TRACT 1.00TOTAL REQ. NATIVE VEGETATIONWITHIN PHASE THREE LOTS = 23.59TOTAL REQUIRED NATIVE23.59 /161.27VEGETATION PER ACRE= 0.146 AC.0.146 AC OF NATIVEVEGETATION REQUIREDPER 1 ACRE OFDEVELOPABLE LAND WITHINPHASE THREE*RIGHT OF WAY AND LAKE/RECREATIONAL TRACTEXHIBIT A-6 (PAGE 28 OF 29) 95 17.B.2 Packet Pg. 1544 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) PHASETWOPHASE TWONATIVE VEGETATIONREQUIREMENTSPHASE TWONATIVE VEGETATIONREQUIREMENTSPHASE TWONATIVE VEGETATIONREQUIREMENTSPHASETHREESOUTH COUNTY REGIONALWATER TREATMENT PLANT(NOT WITHIN CITYGATECOMMERCE PARK PUD)SOUTH COUNTY REGIONALWATER TREATMENT PLANT(NOT WITHIN CITYGATECOMMERCE PARK PUD)PHASE ONENO REQUIREDYARDPHASE THREENATIVE VEGETATIONREQUIREMENTSPHASE THREENATIVE VEGETATIONREQUIREMENTSPHASE ONENO REQUIREDYARDEXAMPLE #1EXAMPLE #2 EXAMPLE #3 4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060 F: 239.434.6084Company Cert. of Authorization No. 00009496CITY GATEDEVELOPMENT LLC,GG II, LLC &850 NWN, LLC159 SOUTH MAIN STREET.SUITE 500AKRON, OHIO 44309(330) 998-0225CITY GATE COMMERCE PARK MPUDDESIGNED BY:DRAWN BY:CHECKED BY:PROJECT NO.:J.A.W.J.A.W.J.M.F.SHEET NO:SHEET TITLE:PROJECT:DATE:REV.DESCRIPTIONREVISIONSCLIENT:PHASE TWO AND THREE NATIVEVEGETATION LOTSNNATIVE VEGETATION REQUIREMENTFOR PHASE TWO/THREE LOTSEXAMPLE #14.17 AC1ST SUBMITTAL08/18/2017REVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 09/21/201709/27/2017EXHIBIT HREVISIONS PER REVIEW STAFF EMAIL & RAI COMMENTS 11/13/201712/11/2017TOTAL LOTACREAGEPHASE TWOLOT ACREAGEPHASE THREELOT ACREAGE3.60 AC(86.33%)0.57 AC(13.67%)REQUIRED PHASETWO NATIVE VEG.3.60 X 0.083 =0.30 ACREQUIRED PHASETHREE NATIVE VEG.TOTAL REQUIREDNATIVE VEG.0.30 + 0.08 =0.38 ACEXAMPLE #24.40 AC3.16 AC(71.84%)1.24 AC(28.18%)EXAMPLE #34.11 AC2.18 AC(53.04%)1.93 AC(46.98%)3.16 X 0.083 =0.26 AC2.18 X 0.083 =0.18 AC0.57 X 0.146 =0.08 AC1.24 X 0.146 =0.18 AC1.93 X 0.146 =0.28 AC0.26 + 0.18 =0.44 AC0.18 + 0.28 =0.46 ACEXHIBIT A-6 (PAGE 29 OF 29) 96 17.B.2 Packet Pg. 1545 Attachment: [Linked]Attachment A-Proposed PUD Ordinance - 031620 (11633 : PL20190001494-City Gate Commerce Park PUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 1 of 4 Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Nancy Gundlach, AICP, PLA #1244, Principal Planner Zoning Division, Zoning Services Section From: David Weeks, Growth Management Manager Zoning Division, Comprehensive Planning Section Date: January 10, 2020 Subject: Future Land Use Element Consistency Review PETITION NUMBER: PUDR – PL20190001494 PETITION NAME: City Gate Commerce Park Planned Unit Development Rezone (PUDR) REQUEST: The petitioner is proposing to: • Expand the PUD by rezoning 128 acres from A, Rural Agricultural, to accommodate expansion of the County’s proposed sports complex • Add a permitted principal use (“Direct Selling Establishments”) for lots East and West of the FPL easement, including the sports complex lot and expansion • Update the Master Development Plan • Add various deviations and standards • Other miscellaneous 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 Section 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 (36.45 acres) and is depicted as Urban Designation, Urban Commercial District, Mixed Use Activity Center #9 on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The eastern portion, within the existing PUD, lies east of the FPL Easement (255.1 acres) and is depicted as Urban Designation, Industrial District on the FLUM. The PUD expansion area, also east of the FPL Easement, 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. The entire site is also within the Collier Boulevard/Interstate 75 Innovation Zone. Policy 5.3 in the Future Land Use Element (FLUE) states, in part, “All rezonings must be consistent with the Growth Management Plan.” 17.B.3 Packet Pg. 1546 Attachment: Attachment B-FLUE Consistency Review 1-10-20 (11633 : PL20190001494-City Gate Commerce Park PUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 2 of 4 The western portion (±36.45 acres) of the proposed project – that portion lying west of the FPL easement - lies within the Interchange Activity Center #9, which defers to the Mixed Use Activity Center (MUAC) Subdistrict for most provisions. The Future Land Use Element (FLUE) states, “The Mixed-Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed-use in character. Further, they are generally intended to be developed at a human-scale, to be pedestrian- oriented, and to be interconnected with abutting projects – whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with abutting properties, where possible and practicable, are encouraged.” The FLUE states, “All new projects within Activity Center #9 are encouraged to have a unified plan of development in the form of a Planned Unit Development. The mixture of uses allowed in Interchange Activity Center #9 shall include all land uses allowed in the Mixed Use Activity Centers; additionally, industrial uses shall be allowed in the northeast and southeast quadrants of I-75 and Collier Boulevard, and in the southwest quadrant of Collier and Davis Boulevards.” The FLUE goes on to state, “Allowable land uses in Mixed Use Activity Centers include the full array of commercial uses (C-1 through C-5), residential uses, institutional uses, hotel/motel uses at a maximum density of 26 units per acre, community facilities, and other land uses as generally allowed i n the Urban designation. The actual mix of the various land uses shall be determined during the rezoning process based on consideration of the factors listed below.” The factors to consider during review of a rezone petition for a project, or portion thereof, within an Activity Center, are listed below. Inasmuch as the currently approved PUD allows a wide variety of commercial uses in the Activity Center portion of the site, staff is of the opinion that a review and analysis of these factors is not necessary. a. Rezones are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. b. The amount, type and location of existing zoned commercial land, and developed commercial uses, both within the Mixed Use Activity Center and within two (2) road miles of the Mixed Use Activity Center. c. Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. d. Existing patterns of land use within the Mixed Use Activity Center and within two (2) radial miles. e. Adequacy of infrastructure capacity, particularly roads. f. Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties. g. Natural or man-made constraints. h. Rezoning criteria identified in the Land Development Code. i. Conformance with Access Management Plan provisions for Mixed Use Activity Centers, as contained in the Land Development Code. j. Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections. k. Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future abutting projects. l. Conformance with the architectural design standards as identified in the Land Development Code.” 17.B.3 Packet Pg. 1547 Attachment: Attachment B-FLUE Consistency Review 1-10-20 (11633 : PL20190001494-City Gate Commerce Park PUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 3 of 4 There is one proposed new land use in this western portion of the PUD – Direct Selling Establishments (SIC Code 5963). This is a permitted use in the C-5, Heavy Commercial District, and a conditional use in the C-4, General Commercial District. The eastern portion of the existing PUD (±255.1 acres) – that portion lying east of the FPL easement - lies within the Urban Industrial District. The FLUE states, “The Industrial Land Use District is reserved primarily for industrial type uses and comprises approximately 2,200 acres. Besides basic Industrial uses, limited commercial uses are permitted. Retail commercial uses are prohibited, except as accessory to Industrial or Business Park uses. The C-5, C-4 and PUD Commercial Zoning Districts along the perimeter of the designated Urban Industrial District that existed as of October 1997 shall be deemed consistent with this Land Use District. Industrially designated areas shall have access to a road classified as an arterial or collector in the Transportation Element, or access may be provided via a local road that does not service a predominately residential area. Intensities of use shall be those related to: a. Manufacturing; b. Processing; c. Storage and warehousing; d. Wholesaling; e. Distribution; f. High technology; g. Laboratories; h. Assembly; i. Computer and data processing; j. Business services; k.Other basic industrial uses as described in the Industrial Zoning District of the Land Development Code; l. Business Park uses as discussed below and as described in the Business Park Zoning District of the Land Development Code; and m. Support commercial uses, such as child care centers and restaurants.” Many of the permitted uses in Exhibit ‘A’ for the eastern portion of the PUD are industrial land uses and many are commercial uses. There is one proposed new land use in this western portion of the PUD – Direct Selling Establishments (SIC Code 5963) – in addition to expansion of the sports complex. This use is not allowed in the Industrial District FLUM designation. However, PUD Section 3.2A.5.e. states “Any other use which is determined by the Board of Zoning Appeals to be comparable and/or comp atible with the listed permitted uses.” In staff’s opinion, this use is compatible with other permitted uses. Regarding expansion of the sports complex use, staff notes that essential services are allowed in the Rural Industrial District FLUM designation which include government facilities and county parks; and, the PUD allows recreational uses both East and West of the FPL Easement. Select FLUE Policies are given below, followed with [bracketed staff analysis]. FLUE Policy 5.6 states: “New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended).” [It is the responsibility of the Zoning Services staff, as part of their review of the petition in its entirety, to perform the compatibility analysis.] FLUE Policy 7.1 states: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The Conceptual MPUD Master Plan, Exhibit ‘C’, shows two ingress/egress access onto an arterial as identified in the 17.B.3 Packet Pg. 1548 Attachment: Attachment B-FLUE Consistency Review 1-10-20 (11633 : PL20190001494-City Gate Commerce Park PUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 4 of 4 Transportation Element of the GMP, Collier Blvd. (CR 951 – one using City Gate Blvd North and one using City Gate Drive).] FLUE Policy 7.2 states: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [Exhibit ‘C’, Conceptual MPUD Master Plan, shows roads within the project that encourage internal accesses to all the areas of the project. Internal access will be provided.] FLUE Policy 7.3 states: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. [Exhibit ‘C’, MPUD Master Plan, shows an extension of the existing City Gate Blvd. North to serve the expansion area and depicts connection points to that road extension for external abutting lands (all owned by Collier County). The Master Plan also shows an interconnection to the south (White Lake Industrial Corp. Park). To the west is Collier Blvd. and to the north is Golden Gate Canal.] FLUE Policy 7.4 states: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [The petition is proposing community facilities that will have a walkable component with open space and the potential for civic facilities. No housing is being proposed.] Aside from specific FLUE consistency analysis, staff notes this petition would allow for the displacement of ±128 acres from potential industrial development for a sports complex/park. There is general concern for the loss of Industrial lands given the relative difficulty to establish new industrial development areas, especially given the inherent compatibility concerns, traffic impacts, etc. The historical industrial parks within the coastal urban area - zoned I, Industrial, which allows heavy industrial uses, and located on the east side of Old 41; on the north side of Pine Ridge Road and west side of Airport Road; and on the east side of Airport Road and north side of Radio Road - are all near buildout and the newer areas are being developed now, those being White Lake Industrial Park PUD to the south of the subject site and City Gate itself. However, staff acknowledges the entire subject site is within an Innovation Zone and the sports complex may spur additional development within the Innovation Zone and beyond. CONCLUSION This rezone petition may be deemed consistent with the Future Land Use Element of the Growth Management Plan. cc: James French, Deputy Department Head, Growth Management Department and Interim Director, Zoning Division Raymond V. Bellows, Manager, Zoning Division, Zoning Services Section PUDR-PL2019-1494 CityGateCommParkExpan G:\CDES Planning Services\Consistency Reviews\2020\PUDR dw/1-10-20 17.B.3 Packet Pg. 1549 Attachment: Attachment B-FLUE Consistency Review 1-10-20 (11633 : PL20190001494-City Gate Commerce Park PUD) MAICM"�rrv�pkd�'''pllwihnmwwiam�mmflµ�, U�MO �IMer County Numo���iamtv��no���'mm�rn�,i��r�v�sW COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT olllliilrg��sol 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Applicaflon Public 1-1e PUD III e'2 e', Amendme PUD or PUD to PUD IIIRezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED PUD Rezone (PUDZ): LDC subsection 10.02.13 A. -F., Ch. 3 G. 1 of the Administrative Code Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ✓� PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A. -F. Ilf'� Ilf'� IIL..... III C IIIA "f"° C IIIA "f"° C"f"° III IIIA IIS'" IIG°f III f"°III IIIA CG II, LLC, 850 NWN, LLC, Citygate Development, LLC and Collier County, Name of Property Owner(s): a Political Subdivision of the State of Florida Name of Applicant if different than owner: lff S Main Street, Suite 500 / Akron / OH / 44308/ Address: 3335 Tamiami Trl E, Suite 101 City: Naples State: FL ZIP: 34112 Telephone: 239.593.1002 / 239.252.8380 Cell: Fax: E -Mail Address: Roger@attyrogerrice.com; Margaret.Bishop@colliercountyfl.gov Name of Agent: Jessica Harrelson, AICP and Josh Fruth, Vice President Firm: Davidson Engineering, Inc. Address: 4365 Radio Rd. Suite 201 Telephone: 239.434.6060 Cell: City Naples State: FL ZIP: 34104 Fax: E -Mail Address: Jessica@davidsonengineering.com; josh@davidsonengineering.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. February 1, 2019 Page 1 of 11 MAICM"�rrv�pkd�'''pllwihnmwwiam�mmflµ�, U�MO �IMer County Numo���iamtv��no���'mm�rn�,i��r�v�sW COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ollllillrg��sol 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 C° III.. IIS III°, IIC° III IE T This application is requesting a rezone from: MPUD Zoning district(s) to the MPUD zoning district(s). Present Use of the Property. Developed & Undeveloped Commercial/Industrial Proposed Use (or range of uses) of the property: Commercial/Industrial/Essential Service Original PUD Name: City Gate Commerce Park Ordinance No.: 2018-13 Ilf'� IIG°f Ilf'� Ilf:°. IIG°f""° III IIIA IIS'" IIG°f III "°III IIIA On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • 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. Section/Township/Range: 35&36/49 26 City Gate Commerce Center Phase One; City Gate Commerce Center Phase Lot: Block: Subdivision: Two Replat; City Gate Commerce Park Phase Three Metes & Bounds Description: See Survey and Legal Description Plat Book: Page #: Property I.D. Number: Folios have been provided on a separate document Size of Property: varies ft. x varies ft _ 18,282,802 Total Sq. Ft. Acres: 419.6 Address/ General Location of Subject Property: Northeast corner of Interstate 75 (1-75) and Collier Blvd (CR 951). PUD District (refer to LDC subsection 2.03.06 C): ❑ Commercial ❑ Residential ❑ Community Facilities ■❑ Mixed Use ❑ Other: ❑ Industrial February 1, 2019 Page 2 of 11 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ollllillrg��sol MAICM"�rrkvkpkdk'''pllwlhnmwwiam�mmflµ�, UrMO kuUm�'�¢VC 'r�N�N@IVdti'Yd �IMer County Numor��iamtvP�no��x'mm�rn�,i�&rOv�sW 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 C' VIII: IIIA"" IIIIIII III[' III...A IIIIC' DSIII: If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: ASSOC I t"°III QNS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at.1http-,/ �pR=x74. ..:. ..IA..�:..:. ...p.....:... Name of Homeowner Association: Golden Gate Estates Area Civic Association Mailing Address: PO BOX 990596 Zoning Land Use N Estates / Resource Recovery Business Park PUD Golden Gate Canal/ Single Family Residential/ Undeveloped S White Lake PUD /AG Developed Industrial Park/ Undeveloped E AG/ "PU" Undeveloped/ Collier County Landfill W ROW/ Golden Gate Commerce Park PUD&Collier Blvd Mixed Use Commerce Center PUD Undeveloped Commercial If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: ASSOC I t"°III QNS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at.1http-,/ �pR=x74. ..:. ..IA..�:..:. ...p.....:... Name of Homeowner Association: Golden Gate Estates Area Civic Association Mailing Address: PO BOX 990596 City: Naples State: FL Zip: 34116 Estates-AreaVoice@embargmail.com; Michael.R.Ramsey@embargmail.com Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: February 1, 2019 Page 3 of 11 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT olllliilrg��sol MAICM"�rrv�pkd�'''pllwihnmwwiam�mmflµ�, U�MO �IMer County Numo���iamtv��no���'mm�rn�,i��r�v�sW C°, 10N 01[T[1:11][CAI 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. PROVIDED ON SEPARATE SHEET. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. February 1, 2019 Page 4 of 11 MAICM"�rrv�pkd�'''pllwihnmwwiam�mmflµ�, U�MO �IMer County Numo���iamtv��no���'mm�rn�,i��r�v�sW COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT olllliilrg��sol 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? PUDR - PL20170002330; DOA - PL20170002634 Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? 0 Yes ❑ No if so please provide copies. f' U 1111111...111 C III "1° III C IE IIG°f llf: III IIG°f llf:°.III f: III " °� This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. or the Administrative Lode Tor the N11vi procedural requirements. 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. R I[ C R I[ III III1 F Ilf' IEE IE IIL. If') [IIG°f Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their 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. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. February 1, 2019 Page 5 of 11 er County MAICM"�rrv�pkd�'''pllwihnmwwiam�mmflµ�, U�MO �IM k Numo���iamtv��no���'mm�rn�,i14r4v�sW COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT opllllilglrgp�sol 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST lP IlPL. III CA °t"° C "t"° C°t"° III N IS' R II T III CG II, LLC, 850 NWN, LLC, Citygate Development, LLC and Collier County, Name of Alicant(s): a Political Subdivision of the State of Florida pp 121 S Main Street, Suite 500 / Address: 3335 Tamiami TO E, Suite 101 Telephone: 239.593.1002 / 239.252.8380 Cell: Akron/ OH/ 44308/ City: Naples State: FL ZIP: 34112 Fax: E -Mail Address: Roger@attyrogerrice.com; Margaret.Bishop@colliercountyfl.gov Address of Subject Property (If available): N/A City: Naples State: FL ZIP: _ PII P[IIR'T' IIS' G° III t°III Section/Township/Range: 35&36/49 26 U�Y_G_afeTommerce Center Phase One; City Gate Commerce Center Lot: Block: Subdivision: Phase Two Replat; City Gate Commerce Park Phase Three Metes & Bounds Description: See Survey and Legal Description Plat Book: Page #: Property I.D. Number: Folios & Plat Info provided on separate sheet Total Population to be Served: 18 multi-purpose fields and 10,000 sf of general office Peak and Average Daily Demands: A. Water -Peak: 16,443 GPD Average Daily: 12,180 GPD B. Sewer -Peak: 11,745 GPD Average Daily: 8,700 GPD If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: January 1, 2022 February 1, 2019 Page 6 of 11 t"° Ilf' [1:11. GF S l[:,1 G l[:,1 [X&POSAII °t° llf:°. IlP II II lf' Ilf:°. Ilf' Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System F-1Provide Name: South County Water Reclamation Facility d. Package Treatment Plant ❑ (GPD Capacity): 16,000,000 e. Septic System ❑ t"° Ilf' [1:11. GF °t°Ilf:°.Ilf S[:,]lf IICI[:,1 TO llf:°. IlPII[)[:"[) Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System F-1Provide Name: South County Water Reclamation Facility d. Private System (Well) ❑ Total Population to be Served: 18 multi-purpose fields and 10,000 sf of general office Peak and Average Daily Demands: A. Water -Peak: 16,443 GPD Average Daily: 12,180 GPD B. Sewer -Peak: 11,745 GPD Average Daily: 8,700 GPD If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: January 1, 2022 February 1, 2019 Page 6 of 11 MAICM"�rrv�pkd�'''pllwihnmwwiam�mmflµ�, U�MO �IMer County Numo���iamtv��no���'mm�rn�,i��r�v�sW COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT olllliilrg��sol 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. See LOS. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Acknowledged. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. February 1, 2019 Page 7 of 11 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colfiergov.n 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 1- 1 (IM4111I.Cls alit 41! lin �4'c rk I V 1111M commonly known as CITY GATE COMMERCE PARK PUD SEE ATTACHED EXHIBIT A (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for MIXED-USE _ planned unit developmeni M —PUD) zoning. We hereby clesignate-04�40600 ENGINEERING, INC, legal representative thereof, as the legal F4 •P."A the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorozatoon-of agents to assist in the Preparation of applications , lans. surveys. and studies necessary to obtairtioning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. S. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. -�sfier Owner seph R. Weber, Vice President, CG 11, LLC Printed Name Printed Name STATE OF tbX=)(_0J1 I a COUNTY OF GGEMt) SUry1fv1 14 Sworn to (or affirmed) and subscribed before me this 8 day ofh 01_qby JOUJObi !t !ts tsonally known to me or has produced as identification. 2i �f ` Vii, UWAYAWKIIIII&IMI Vj#. Civil Engineering • Planning • Permitting lesigningl:`xcellence 1. A PORTION OF CITY GATE COMMERCE PARK PHASE THREE, TRACT B LESS OR BOOK 3336/ PAGE 2498 AND LESS OR BOOK 4520/ PAGE 2223 (PLAT BOOK 63/ PAGES 84-90) r�r r r �� r e 3. A PORTION OF CITY GATE COMMERCE PARK PHASE THREE, TRACT RL LESSOR BOOK 4520/ PAGE 2223 (PLAT BOOK 63/ PAGES 84-90) i t PORTION OF f ` PARK PHASE . j" 5 LESS THE PORTION LAND DESCRIBED IN OR .ff f; ►AGE 2223 (PLAT :ft 63/ 'A .1 r ' f `�' r� ` �f 'r � `ref • r' k�. rf' ' r! ` • c, f� ` r � r r � � f � ref' ff � f �; 4365 Radio Road Suite 201 • Naples, FL 34104 P:(239)434.6060 1990 Main Street Suite 750 • Sarasota, FL 34236 P: (941) 309.5180 # COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collierggv.net (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL UP7-W7ersigxe1 14 kereiiii:yswe2r*r 2ffiiii tX?t we 2retX-e fee simXle titleMl*ers am-� liveiiers fifrecTiri,'If �Pr*Xcily commonly known as CITY GATE • PARK PUD SEE • EXHIBIT A (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for MIXED USE planned unit !'.• 11:1 ( M PLID) zoning. We hereby designate DAVIDSON ENGi1NrER1NGJNC6, legal representative thereof, as the lega- renresentatives of the pro'nerty, and as W52k the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring mt' authorization of agents to assilwin the re aration f I' The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: I. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the f••' is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. S. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. wner Owner Joseph R. Weber. Vice President, Citygate Development, LLC Printed Name Printed Name STATE OF f=Rquery fli • OF e0MMR) S�U li ry, 1 f Sworn to (or affirmed) and subscribed before me this —I— day of 201-qby who is personally known to me or has produced as identification. I 5f ! �� %i . \/� \ \ 0 1 No. Civil Engineering * Planning * Permitting ON92TI-1W." 4365 Radio Road Suite 201•Naples, FIL 34104 - 1 (239) 434.6060 1990 Main Street Suite 750 Sarasota, Fl.34236 - 1 (941) 309.5180 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www,colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 TFr U commonly known as CITY GATE COMMERCE PARK PUD_ SEE ATTACHED EXHIBIT A (Street address and City, State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for MIXED USE _ planned unit development M —PUD)zoning. We hereby designate CIAVIDSONENGINEERING,MC, legal representative thereof, as the legal the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placi on the development and all commitments agreed to by the applicant in connection with the planned ur development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, at stipulations made at the time of approval of the master if even if the property is subsequently sold in whole or part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier Counp 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, safeguards provided for in the planned unit development process will constitute a violation of the Land Developme Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants at restrictions which run with the land so as to provide notice to subsequent owners that all development activity with the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terrr safeguards, and conditions of the planned unit development, seek equitable relief as necessary to comp compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned ut development and the County may stop ongoing construction activity until the project is brought into compliance wi ,,all terms, conditions and safeguards of the planned unit development. wner Owner Joseph R. Weber, Vice President, 850 NWN, LLC Printed Name Printed Name STATE OF FtORIDA) OlrNii-o f who is personally known to me or has produced affonTMATAnewli day ofAuIL+-201�1 ritification.' c-AUM�S 611011 Notary Public (Name typed, printed or stamped) 000M Civil Engineering • Planning a Permitting Deslgning 'xcellence , " `, i f " `r: f" `rflf i 0 . syr r , I ., . r r" L Mr N9 ., '1; PORTION GATE COMMERCE PARK PHASE . TRACT DESCRIBED OR BOOK 4520 ''G 2223 (PLAT off r PAGES 84-90) f , PORTION GATE COMMERCE PARK PHASETHREE,DESCRIBED IN OR iff4520/ PA 2223 (PLAT BOOK 63/ PAGES 84-90) ` + ' 4365 Radio Road Suite 201 • Naples, FL 34104 • P: (239) 434.6060 1990 Main Street Suite 750 Sarasota, FL 34236 • P: (941) 309.5180 I E N G I N E E R I N G 111151111:1111 111 '1111, !V1111 jj�' 'OfAt"""'T counq ...... .... .. ...... 4% ... .... . . . .. ...... COLUiER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT wwwvwv coljueffguw u,, 2800 NORTH HORSESHOE DMVE NAPLES, FLORiDA 34104 (239) 252-2400 FAX: (239) 252--6`358 The undersigned do hereby swe,ar or affirrri that we are the fee simple titleholders and owners of record of property corrinnoniy known as OrrY GATE COMMERCE PARK PUD . . .. . ..... . .. . ..... —11.1-1-1 ... ... . ...... SEE ATTACHED EXHOT A (Sueet address and City, State and Zip Code) and legaHy described in Exhibit A attached hereto. The property described herein is the Subject of an appilcation foo, MIXEDUSE planned unit development to PUD) zorflng, W'e hereby designate DAVIDSON ENGINEERIN(3, NC " leg,al representative thereof, as the legal) representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This aufti1ty includes, but is not Ihnited to, the hiring and aUthoHzatfon of agents to assist in the preparation of applications, plans, surveys, and Studies necessary to obtain zoning approval cin the site. These representatives wHi remain the orily entity to authorize development activity on the piroperty until such turns as a new or arriended covenant of uniffied control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the. project: 1. The property will be developed and used in conforrriiity with the approved master plan including all conditions placed on the development and all cornmtrnents agreed to by the applicant in connection with the planned unit dev(dopment rezondng, 2. The legal representative idendfied herein is responsible for compliance with all teens, coricfitions, safeguards, arid stlpulations, made at the tir-ne of approval of the master pian, even if the property is subsequently sold in whole or ki part, unless and until a new or arnerrided covenant of unified control is delivered to and recorded by Collier County. 3,, A departure frorn the Provisions of thi(::, approved plans or a ('allure to COMply with any requirements, conditions, or safeguards provided for in the, planned unit development process will constitute as violation of the Land Development Code 4, All terms and conditions of the planned unit dev6oprnent approval wHi be incorporated into covenants and restrictions which ran with the land so as to provide notice to SUbsequent owners that all development activity within the planned unit development miust be consistent with those terms and conditions. 5. So long as this covenant is in force, Coflier County car), upon thie discovery of noncompliance with the terms safeguards, and conditions of the planned unit development, seek eqUitaWe relief as necessary to compel compliance. The County will rot issue permits,, certificates, or Ilicense5 to occupy or use any part of the planned Unit development and the County may stop ongoing construction activity until the project is brought into cornpliance with all terms, conditions and safeguards of the jpNannpd unit development. ner, ) '40,101-1;1 .11,57, , " Owner Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed), and subscribed before me this day of /I 2011 by rill known to me or has rodLc d. as lentifici 'on. N' ary Public a rn e t ped,printed or stan,)cied) aarA RICKSON ate ()f Florida R C G76 BE C A S E EBECCA S ERICKSON Notary Public - state Of Florida February l. 20l9 Comm�s Sion 0 G 054 17 COMmi$410n # GG 054176 Page 8 of It MM pil My 00 Ex Fes Feb 26 021 Booded lhugh Nalio M Notary MYCOMrrr, ExPires Feb 26, 2021 BorldId 1hrough Nalwo Notary As�sn Civil Engineering • Planning • Permitting EXHIBIT A COLLIER COUNTY Il'3)esigningExcellence LOTS 9, 10, 23, 25, 26 THROUGH 28 AND A PORTION OF TRACT R-3, ACCORDING TO THE PLAT OF CITY GATE COMMERCE CENTER PHASE THREE, AS RECORDED IN PLAT BOOK 63, PAGE 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONTAINING 4,367,815 SQUARE FEET OR 100.27 ACRES, MORE OR LESS. AND A PARCEL OF LAND LYING IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE AFOREMENTIONED SECTION 36, THENCE S.00°30'14"E. ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER (NW 1/4) OF SECTION 35, A DISTANCE OF 335.24 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE N.89°13'01"E. DEPARTING SAID EAST LINE, A DISTANCE OF 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 A DISTANCE OF 1,232.62 FEET; THENCE S.00°27'26"E., A DISTANCE OF 1,815.14 FEET: THENCE S.89°13'01"W., A DISTANCE OF 2,247.89 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECTION 36; THENCE N.01°57'22"W. ALONG SAID WEST LINE, A DISTANCE OF 264.22 FEET; THENCE N.86°27'31 "E. DEPARTING SAID WEST LINE, A DISTANCE OF 66.98 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE AFOREMENTIONED SECTION 35; THENCE N.00°30'14"W. ALONG SAID EAST LINE, A DISTANCE OF 2,334.07 FEET TO THE POINT OF BEGINNING. CONTAINING 5,577,869 SQUARE FEET OR 128.05 ACRES, MORE OR LESS. 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: (239) 434.6060 1990 Main Street • Suite 750 • Sarasota, FL 34236 • P: (941) 309.5180 er County MAICM"�rrv�pkd�'''pllwihnmwwiam�mmflµ�, U�MO �IM k Numo���iamtv��no���'mm�rn�,i��r�v�sW COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT ollllDIrg��sol Final ku birniittal Requireirneint Checklist oir: FUD IIRezoilzoCbz. k GA of the Adirniinistrative Coco IAirneindirneint to FUD Cbz. k G. 2 of the Adirniinistrative Coco FUD to FUD IIRezoilzoCbz. k GA of the Adirniinistirative Coco 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at ?. ..p..:./.../... r.:.t.q.�..�..i r r�. !..r?.. .�..:..g y./...� .q..! :./... hr rD r e a ernt �.!...M:..C. 98 .. RE U1111RIIrII✓IIIIENC III ""S U OIII'w" COIIFIIIIIrS tllrt Ulllll4RED UO"°III IIItIIrtUlllllltllrllll Cover Letter with Narrative Statement including a detailed description of why amendment is necessary ❑ ✓❑ ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ❑✓ Li P ffidavit of Authorization signed and notarized ............................................................................................................................., g 1 '..rq..p...r ...... ...I..p.....D isclosure.....IForED. 1 Notarized and completed Covenant of Unified Control 1 ZZ r!r..p.!.(.........r.ss.!..rn..g....... .c0..!.s.) 1 Warranty Deed(s) 1 ❑ List Identifying Owner and all parties of corporation 1 0 Signed and sealed Boundary Survey 1 R1 I Architectural Rendering of proposed structures 1 ✓ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1✓❑ ❑ Statement of Utility Provisions 1✓❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ✓ ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with❑ project planner at time of public hearings. ✓❑ ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ Traffic Impact Study 1 ✓❑ Historical Survey 1 ❑ ✓ School Impact Analysis Application, if applicable 1 ✓❑ Electronic copy of all required documents 1 ✓❑ Completed Exhibits A -F (see below for additional information)' ❑ ✓❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ Checklist continues on next page February 1, 2019 Page 9 of 11 MAICM"�rrv�pkd�'''pllwihnmwwiam�mmflµ�, U�MO �IMer County Numo���iamtv��no���'mm�rn�,i��r�v�sW COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT opll lk irg��so 11 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ ❑ Conservancy of SWFL: Nichole Johnson Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ LJI a Revised PUD document with changes crossed thru & underlined 1 ❑ �/ ❑ City of Naples: Robin Singer, Planning Director Copy of Official Interpretation and/or Zoning Verification 1 ✓0 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: LL Exhibit A: List of Permitted Uses LL Exhibit B: Development Standards LL Exhibit C: Master Plan- See Chapter 3 E.1. of the Administrative Code LL Exhibit D: Legal Description LL Exhibit E: List of Requested LDC Deviations and justification for each LL Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams & David Berra ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ASSOC I ° '[:,, D RlEIIE:°.S FUR IPIlPL.JIIC "° °III LL Pre -Application Meeting: $500.00 0 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre LL PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre LL Comprehensive Planning Consistency Review: $2,250.00 LL Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 LL Listed or Protected Species Review (when an EIS is not required): $1,000.00 LL Transportation Review Fees: Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. Minor Study Review: $750.00 0 Major Study Review $1,500.00 February 1, 2019 Page 10 of 11 er County MAICM"�rrv�pkd�'''pllwihnmwwiam�mmflµ�, U�MO �IM k Numo���iamtv��no���'mm�rn�,i��r�v�sW COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT opll 11 iilrg��so ITS Ll Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Ll School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. 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. *Additional fee for the 5r" and subsequent re -submittal will be accessed at 20% of the original fee. Sig.m nature""c5'f Petitioner or Agent Jessica Harrelson, AICP Printed named of signing party 8/14/2019 Date February 1, 2019 Page 11 of 11 DE DAVIDSON F II"A 4'.::. I I`ll F F R, II Yell G ESTABLISHED 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 PUID )U11)111— P11 0001494 August 1.6, 2019 1 DE DAVIDSON F II"A 4'.::. I I`ll F F R, II Yell G ESTABLISHED LOT 18: 26095004587 LOT 19: 26095004600 LOT 20: 26095004626 LOT 21: 26095004668 TRACT R-4: 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 City Gate Commerce Park IPU11f:) PU11)111— P11 201.200014�24� August 1.6, 2019 2 AFFIDAVIT OF AUTHORIZATION I, Joseph R. Weber (print name), as 6, (title, if applicable) of Cit ate Development, LLC, (company, if applicable), swear or affirm under oath, that I am the (choose one): The owner X applicant contract purchaser _ and that: 1. 1 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. All answers 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. 1 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/I authorize Davidson Engineering, Inc. to act as our/my representative in any matters regarding this petition including 1 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: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. %Ce AeS° V6r►f i natur STATE OF COUNTY OF �/v seo Printed K ame The foregoing I t sworn affirmed) subscribed s u(date) b Joseph eber(namofpeonpovidng oahoraffirmation) , aViceFresid nt Ci ate Development, LLC (type of identification) as identification. wh2 is ersonall known tom • roe ced « STAMP/SEAL wwr� 1ti1� 1/�ttic-Sri "•"""' « Signature of Notary Public A w r AFFIDAVIT OF AUTHORIZATION I, Joseph R. Weber (print name), as Vice Pr'esiden't, (title, if applicable) of CG II, LLC (company, if applicable), swear or affirm under oath, that I am the (choose one): The owner X applicant contract purchaser_ and that: 1. 1 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. All answers 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. 1 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/1 authorize Davidson Engineering,inc. to act as our/my representative in any matters regarding this petition including 1 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: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. ����,at�r STATE OF Oh JO COUNTY OF JoSt-A 1,? eiel Printed Name The foregoing instrument was sworn to (or affirmed) and subscribed before me on vi� 2oi,, (date) by Joseph Weber (name of person providing oath or affirmation), as Vice Presid nt CG If.. LCC who is personally known to me or who has produced (type of identification) as identification. A � STAMP/SEAL � �M "�, Signature of Notary Public AFFIDAVIT OF AUTHORIZATION I, Joseph R. Weber (print name), as Vice President (title, if applicable) of 850 NWN, LLC, (company, if applicable), swear or affirm under oath, that I am the (choose one): The owner X applicant contract purchaser _ and that: 1. 1 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. All answers 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. 1 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/I authorize Davidson Engineering, Inc. to act as our/my representative in any matters regarding this petition including 1 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: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. aturl 7— STATEE OF Q C COUNTY OF JoselA k Vehe r, Printed Name The foregoing instrument was sworn to (or affirmed) and subscribed before me on 2.019 (date) by Joseph Weber(name of person providing oath or affirmation), as Vice President 85 NWN LLC who is personally known to me or who has produce (type of identification) as identification. STAMP SEAL Si Public Signature of Notary AFFIDAVIT OF AUTHORIZATION (print name), name), as swear or affirm under oath, that . A l ant the (choose ole): ",Or The owner X applicant contract purchaser and that: 1. 1 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, All answers 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. 1 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/i authorize Davidson Engineering, Inc. to act as our/my representative in any matters regarding this petition including 1 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.- • If the applicant is a corporation, then it is usually executed by the corp, pres. or v. pres. • If the applicant is a Limited Liability Company (L,L, C.) or Limited Company (L.C), then the documents should typically be signed by the Company's "Managing Member," • If the applicant is a partnership, then typically a portner can sign on behalf of the partnership, • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. - if the applicant is a trust, then they must include the trustee's name and the words "as trustee". 0 117 each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format far that ownership. 'Url'id"e'r"O'erlalties of perjury, i Oe,rKre that I h Signature STATE OF FLORIDA COUNTY OF COLLIER the foregoing Affidavit of Authorization and that the facts stated in it are true. -41-1 1A Printed Name The foregoing instrument was sworn to or affirmed) and subscribed before me on (date) by — 1�124 (11 kT1 -PQ �, (name of person providing oath or affirmation), as who is personafly known to me opw-ho has produced (type of identification) as identification. N P4 REBECCA S ERICKSON STAMIP/SE L Notary Public - State of Florida SignAure of Notary Public .Z Commission # GG 054176 My Comm, Expires Fab 26, 2021 Fed 26 202n! Bonded through National Notary Assn. 01, V Y As$ COLLIER COUNTY GOVERNMENT f 1'111' IN�GnNvgRN�,.(h'4Y�IiNr,Mirtrimm^aW� "eT County u�q,�iHMC1�lUl�flfl�l�ll9 °+fM '"Vluamn9�S�tl��'w�I�:mnvr��vnpu�wwnnm..miorsA`A;S"A 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 f' Ilf°f If' Ilf:Ilf: Ilf°fSIlWwlIIIIlf' Ilf' IIISCIII.. SUIlRI[1 IIS'° If°fIII 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 CILCIILdWf UI JULII IIILCICJL. Name and Address I % of Ownership 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 850 NWN, LLC (CO -APPLICANT) CG II, LLC (CO -APPLICANT) CITYGATE DEVELOPMENT, LLC (CO -APPLICANT) See attached for above LLC breakdowns If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 1'111' IN�GnNvgRN�,.(h'4Y�IiNr,Mirtrimm^aW� "eT County u�q,�iHMC1�lUl�flfl�l�ll9 °+fM '"Vluamn9�S�tl��'w�I�:mnvr��vnpu�wwnnm..mirsA`A;S.A COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 . .1111„ii irg y.lr „ (239) 252-2400 FARC: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the neral and/or limited partners: Name and Address I % 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: f R Name and Address I % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address Date subject property acquired $1.2014 (Sports Complex Extension -subject parcel of this Rezone, owned by Collier County) ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COLLIER COUNTY GOVERNMENT f Date of option: �� 1 11, 'eT County ��G�NvgRN�,.(h'4Y�nNr,Miw"11"1 u��iaMW�U�1Yn�ihm� °+fM '"Vluamn9�S�w�l�:m�vr��npu�wwnnm..mimrsn`n"'A 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 Date option terminates: _, or Anticipated closing date: NRRHTNA PFIGPEEFITYIlf: IIG° IlWwl III Ilf' III IIIA IIS' G° III °III 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 ,.M 8.16.2019 8' A e"rit/_OwoeSignature V Date Jessica Harrelson, AICP, Agent Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 1111�,,11111111E DAVIDSON DISCLOSURE OF INTEREST • If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: • If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: • 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, 99% Naples, FL 34109 500 Investment Company, 121 S. Main Street, Suite 500, Akron 1 % LLC OH 44308 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) ri"ivGNI i CC) 1iv1iI'll ri Fl/vR,CiIIJI) 1U[)1', ..iii 201.90001494 /4[pi,[ I :UY, 2(M9 bared by and return to: William A. Keyes, Jr., Attorney at Law Stewart & Keyes, P.L. 2125 First Street, Suite 101 Post Ofilce Drawer 790 Fort Myers, FL 33902-0790 239-334-7477 Will Call No.: File Number: 11587-1 Parcel Identification Number: 3216897 OR: 3336 PG: 2524 RECORDED in OPPICIAL RECORDS of COLLIER COU KTY, PL 07/09/2003 at 01:24PK DVIGHT B. BROCE, CLERK CONS 8255709.00 RBC PER 19.50 DOC -.70 57790.60 COPIES 4.00 Rem STUART i EEYES P 0 DRAWER ?90 PT HERS PL 33902 0790 [Space Above This Line For Recording Data] Special Warranty Deed This Special Warranty Deed made this 9th day of July, 2003 between Richard K. Bennett as Successor Trustee(s) of the Land Trust No. 5360, dated the 8th day of April, 1985 whose post office address is 3319 Boca Cie`a Drive, Naples, FL 34112, grantor, and CG II, LLC, aFlorida-2 teO'Liability Company whose post office address is 159 South Main Street, Suite 500, Akron, OH 44308, ( Whenever used herein the terms grantor and grantee jnclu iVdw parties to this and the successors and assigns of corporations, must nit"Bees) Witnesseth, that said grantor, for and in 96nsidof and valuable considerations to said gJantor ,itrt luted past# granted, bargained, and sold to the said grte, at grdate lying and being in Collier County Florida to-vtt As described on the attached VA" v " � The Grantee, as trustee, has the full 0 and to otherwise manage and dispose heirs, legal representatives, and assigns of individuals. 00 DOLLARS ($10.00) and other good k whereof is hereby acknowledged, has it, the following described land, situate, oriserve, sell, convey, lease, encumber, to F.S. 689.071. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Property is vacant acreage3319 Boca Ciega Drive, Naples, FL 34112. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawfid authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: W ess Name: Witness Name: . KEY OR: 3336 PG: 2525 Richard K. Bennett, as S censor Trustee of Land Trust No. 5360, dated the 8th day of April, 1985 State of Florida County of Collier The foregoing instrument was acknowledged before me thisvday of July, 2003 by Richard K. Bennett, as Successor Trustee of Land Trust No. 5360, dated the 8th, who Lets personally known or L) has produced as identification. [Notary Seal) Special Warranty Dee! - Page 2 CHERRY R MY COMMISSION s EXPIRES: Apel e ea,aa thu nary AO Notary Public ;ate CHERRY R. KEY My EXHIBIT "A" LEGAL DESCRIPTION: OR: 3336 PG: 2526 A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTH ONE-HALF OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89.00'01 "E., ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID SECTION 35, FOR A DISTANCE OF 1,390.69 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.00.47'14'E., FOR A DISTANCE OF 613.58 FEET; THENCE RUN N.89.04'40"E., FOR A DISTANCE OF 42.46 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 1,015.00 FEET, THROUGH A CENTRAL ANGLE OF 21.38'10', SUBTENDED BY A CHORD OF 380.43 FEET ATA11EARING OF S.80.0T15•E., FOR A DISTANCE OF 382.70 FEET TO A POINT OF REV S VE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC �tRVE'f T, HAVING A RADIUS OF 3,882.73 FEET, THROUGH A CENTRAL;AIE OF 01.31'00', D BY A CHORD OF 102.77 FEET AT A BEARING OF S.70.04'40'15., F69 A DISTANCE OF 1102 FEET TO THE END OF SAID CURVE; THENCE RUN N.19.09 51 1 , F'OFi A DISTANCE OF 6q.00 F 1O A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEI'ST�1 ; �N - E RADIUS PO ARS N.19°09'51'E., A DISTANCE OF 25.00 FEET THEREFiOM;TlE I� Y ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A W. 81 iF OO F H A CENTRAL ANGLE OF 90`49'47, SUBTENDED BY A CHO 0EARIF0.2r'25'16'W., FOR A DISTANCE OF 39.63 FEET TO THE EN AI °L`tjR ;'' H E RI0%, M'E,, FOR A DISTANCE OF 67.24 FEET TO THE BEGINNIN07Q A TANGENTIAL CIF lLAF Ct (CAVE WESTERLY; THENCE RUN NORTHERLY ALON(tARC OF SAID CUR':y TO TH 1EFT, HAVING A RADIUS OF 715.00 FEET, THROUGH A CENT'R�IGLE OF 19.4747", D BY A CHORD OF 245.81 FEET AT A BEARING OF N.10.05'44'E.,Ax„DIST ANCE OF 247 TO THE END OF SAID CURVE; THENCE RUN N.77.86'1 TE., A a ST CE OFA ET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY,INHQ AIU$I`> EARS N.75.36'08'E., A DISTANCE OF 272.00 FEET THEREFROM; THENCE AL1h1 VE}RT1'IEI - Y ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 272.00 FEET, THROUGH A CENTRAL ANGLE OF 23'03'38', SUBTENDED BY A CHORD OF 106.74 FEET AT A BEARING OF N.02.52'03"W., FOR A DISTANCE OF 109.47 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 311.70 FEET, THROUGH A CENTRAL ANGLE OF 38.18'430, SUBTENDED BY A CHORD OF 204.56 FEET AT A BEARING OF N.10.29'36"W., FOR A DISTANCE OF 208.42 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 307.71 FEET, THROUGH A CENTRAL ANGLE OF 28656140, SUBTENDED BY A CHORD OF 153.79 FEET AT A BEARING OF N.1 5-10,40-W., FOR A DISTANCE OF 155.44 FEET TO A POINT OF COMPOUND CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 268.42 FEET, THROUGH A CENTRAL ANGLE OF 95'0519', SUBTENDED BY A CHORD OF 396.10 FEET AT A BEARING OF N.46.50268E., FOR A DISTANCE OF 445.50 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 219.72 FEET, THROUGH A CENTRAL ANGLE OF 30.36'480, SUBTENDED BY A CHORD OF 116.01 FEET AT A BEARING OF N.79.04'51 -E., FOR A DISTANCE OF 117.40 FEET TO THE END OF SAID CURVE; THENCE RUN N.13.34'02W., FOR A DISTANCE OF 442.44 FEET; THENCE RUN N.10.15'16•E., FOR A DISTANCE OF 65.01 FEET; THENCE RUN N.00.44'19'W., FOR A DISTANCE OF 454.39 FEET TO A POINT ON THE NORTH UNE **# OR: 3336 PG: 2527 t** EXHIBI "A (cont.) OF THE NORTH EAST ONE-QUARTER OF SAID SECTION 35; THENCE RUN N 89° ■v111E., ALONG THE NORTH LINE OF THE NORTH EAST ONE-QUARTER OF SAID SECTION 35, FOR A DISTANCE OF25 93 FEET TO THE NORTHEAST CORNER OF THE NORTH ONE-HALF OF SAID SECTION 35; THENCE RUNS 0005548V,ALONG THE EAST LINE OF THE NORTH ONE-HALF OF SAID SECTION 35, FOR A DISTANCE OF 2,673.79 FEET TO THE SOUTHEAST CORNER OF THE NORTH ONE-HALF OF SAID SECTION 35; THENCE RUNS 89000'01 V, ALONG THE SOUTH UNE OF THE NORTH ONE-HALF OF SAID SECTION 35, FOR A DISTANCE OF 3,825.78 FEET TO THE POINT OF BEGINNING;: THIS PROPERTY SUBJECT TO EASEMENTS RESERVATIONS OR RESTRICTIONS OF RECORD BEARINGS SHOWN HEREON REFER SECTION 35, TOWNSHIP 4 SOUTH',"' Na900'". : ONE OF THE NORTH ONE-HALF OF ,,COLLIER COUNTY, FLORIDA AS BEING I� Prepared by and return to: Roger B. Rice, Esq. Roger B. Rice, PA 9010 Strada Stell Court Unit 207 Naples, FL 34109 Consideration: $15,000,000.00 4246731 OR: 4417 PG: 1567 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/31/2008 at 11:29AK DWIGHT I. BROCK, CLERK CONS 15000000.00 RIC FEE 35,50 DOC -.10 105000.00 COPIES 4.00 Retn: ROGER B RICE 9010 STRADA STILL CT #201 NAPLES FL 34109 Above This Line For Recording Special Warranty Deed This Special Warranty Deed made this 31st day of December 2008 between Citygate Development, LLC, a Florida Limited Liability Company whose post office address is 159 South Main Street, Suite 500, Akron, Ohio 44308, grantor, and 850 NWN, LLC, a Florida Limited Liability Company whose post office address is 9010 Strada Stell Court, Suite 207, Naples, Florida 34109, grantee: (Whenever used herein the terms "grantor" and "grantee" inclu(I-te--att 11t�pa tr"s >4O � Wh , instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trot§ Witnesseth, that said grantor, for and ii good and valuable considerations to said,jI has granted, bargained, and sold to thela situate, lying and being in Collier County, As described on attached 1 Parcel Identification Num Grantor warrants that at the tiiti within the meaning set forth in' homestead property. Property is Together with all the tenements, of the sum of Ti�N-A' NO/100 DOLLARS ($10.00) and other )aid by said grante the eceipt whereof is hereby acknowledged, grarife 's heirs and a sigr�s forever, the following described land, this conveyance the si bnstitution of the state To Have and to Hold, the same in fee simple forever. not the Grantor's homestead is it contiguous to or a part of or in anywise appertaining. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. SIGNATURES INTENTIONALLY APPEAR ON NEXT PAGE DoubleTime® OR; 4417 PG; 1568 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Wi ss Name: j' Witness Name: 11.1 State of Florida County of Collier Citygate Dev 1 p t, L , F1Q6da Li it abi Company 17 a d . Bre 11Vits airman The foregoing instrument was acknowledged before me this 31st day of December, 2008 by David L. Brennan of Naples, Florida, on behalf of Citygate Development, LLC. He [X] is personally known or [ ] has produced a driver's license as identification. [Notary Seal] NOTARY PUBLIC -STATE OF FLORI Laura A. Zambel Commission # DDS316 Expires: MAR. 22, 20 Bonded Thru Atlantic Bonding Co., 1 N, \ Name: m C�� s prExp k 4 �w a sl aal1 o Warranty Deed - Page 2 DoubleTimO c c D 7] O z .iml 0 m m z r u � 0 � m V O U ,kVM-30-1H91b 301M .00t (M -S 0V021 31V1S) (18VR3'11108 X1311100 AVM J0 1HOla IVNVO 100J OOL CITY GATE COMMERCE CENTER, I I CITY CATS SE ONE CE CENTER, PHAASE O PHASE ONE (PLAT BOOK 41, PACES 6 AND 7) (PLAT BOOK 41, PAGES 6 AND 7) COLLIER COUNTY WATER TREATMENT PLANT � O � n o `O A Os N A C6 tD V tD Of LA �o cD OD rn 0i V A r—rrrilr U A w N z a V SCI to £0 C� Ul 0? V CA � t C t f. m 00000000 w m V 0 (T -P w " w W N � V U Ot —N, ()t Na UI U N — OV GD ID O V 0 0 0 V-4? V O U 0 0 0 0 N N N O o cD U ao co w o C u IR "I uo 0 (3On rn 8 O A 3+ w? w (A A OD O w A O O U A N N tD �J tD W U U1 V V V O O p.? 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Z Z m M r- 00Z <0 Z M C Mrna)--M�0,4c > 5� �j m > > M> r- m --i Z M C m r 14 Z M M M ZO 0 > --I M M c: C Z -n rA i� M 0 Z OC -n 0 Z 0 a -;� Z 0 0 mo 0 Z 06-n:-iwo 0 _9 y -n n 11 M -n m > M >m M co > > 0 2?O > co MO Z -n 0 r- > 00 M M ,::5 > Z A Z C < Z OM0 M c) m mr > 0 >n n V) M 00 Z Ul r - m C) Lo 0 X 0 Z 40 0 > X Kou z >>a 0 0 c- , rn>Oi C-) > FA -4 rTl < ;0:9 (n C) c/) 0 M C) > 00 M z -4 m 0 mo >* M M 0 z to m m r -:* 0 -q X om or- 0 -n K cu cj) z 0 C > - >ZZ ml 0 (A Uj c/) m 3;Al ON M 0 M F- m 0 0 M 0 0 (A (f) 0 m M C-) M ;:D �& > -TI --- < 0 -q x , 64n *0 0 > 0 > > --I C Z -z Z.Z" % .0 '. , I Z - - - > 0 0 Zrn (n - D > x > c: % CD -tk� 00 a (n. I Ln.�, > -Tl 9 r rr, $�z 0 Ic -4 19, �d C-) MM Am 0. - 0 0 022 Ln(A 0 > z Z > 0 0 0 0 (D N) c r- z CA I INSTR 4375298 OR 4520 PG 2220 RECORDED 12/18/2009 11:36 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $52,500.00 REC $35.50 CONS $7,500,000.00 Prgpared by and return to: Roger B. Rice, PA 9010 Strada Stell Court Suite 207 Naples, FL 34109 239-593-1002 File Number: 850 NWN Consideration Amount: $7.500,000.00 [Space Above This Line For Recording Warranty Deed This Warranty Deed made this+� December, Zliti� CG II, LLC, a Florida limited liability company whose post office address is 159 Street, Suite 500, Akran,bil,44308, grantor, and 850 NMN, LLC, a Florida limited liability company whRose past -OJT' address is 9010 Str4iia S II Ct, Suite 207, Naples, FL 34109, grantee: a " (Whenever used herein the tcmu "grantor, and grpge �dc e1 d" ta&esrr and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of eorpor�(on trust andusees a V s ,Mma" � Witnesseth, that said grantor, for end taoui aic of°the' uir of TllINIJ X100 DOLLARS ($10.00) and other good and valuable considerations to s i grantor in hand paid by saiei'�ante0, thg" r i ipt whereof is hereby acknowledged, has granted, bargained, and sold to thcA°grantee, and grantee's he", ass3I'f'orever, the following described land, situate, lying and being in Collier County I 'da to -wit: t, Exhibits "All and Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2009. SIGNATURES INTENTIONALLY APPEAR ON NEXT PAGE DoubleTimee OR 4520 PG 2221 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: -/- 60AI Witness Name: °Q— Alf Witness Name: Jai Q_ r �CG_t^` i yj State of Ohio County of Summit The foregoing instrument was ackn President of CG 11, LLC, a Florida Iii [X] has produced a driver's license as [Notary CG , a Florida limited liability company By: l Jo ph R. ober,ice President ire`melhis jjL� day company, on beha'of the Q PARRS. A.Ati NOTARYPIIBLIC - 01410 MTCOMMISSI 1N! EXPIRES AML I. -i-rh., 2014 2009 by Joseph R. Weber, Vice e [_J is personally known to me or ?nrtfName: s• - �.(.�71,�� My Commission Expires: �• �� Warranty Deed - Page 2 DoubleTimee OR 4520 PG 2222 LEGAL DESCRIPTION SOUTH PARCEL OF CG II LLC, WITHIN PHASE TWO PLAT OF CITY GATE COMMERCE CENTER. A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE NORTH 89'13'01" EAST ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 590.33 FEET TO THE NORTHEASTERLY CORNER OF LOT 1, CITY GATE COMMERCE CENTER, PHASE ONE, AS RECORDED IN PLAT BOOK 41, PAGES 6 AND 7 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID PLAT, THE FOLLOWING COURSES; THENCE SOUTH 00'28'39" EAST, A DISTANCE OF 163.01 FEET; THENCE SOUTH 29'30'45" EAST, A DISTANCE OF 52.47 FEET; THENCE SOUTH 31'30'28" WEST A DISTANCE OF 70.02 FEET; THENCE SOUTH 00'47'14" WEST, A DISTANCE OF 124.70 FEET; THENCE LEAVING SAID EAST LINE, NORTH 61'09'57" EAST, A DISTANCE OF 203.97 FEET TO THE L[NE .,QF A 170.00 FOOT WIDE FLORIDA POWER & LIGHT COMPANY (FP&l)RTGO -li CEMENT, RECORDED IN OFFICIAL RECORD BOOK 681, PAGE1 1 iE 'U�L��QZOS OF COLLIER COUNTY, EAST ALONG F FLORIDA; THENCE SOUTH 5R�,. . SAiO RIGHT-OF-WAY, A DISTANCE OF 596.93 FEET, MCE SOUTH 00 47'14" EST ,ALONG SAID FP&L RIGHT-OF-WAY A DISTANCE9 °ZQ72 7EET� fi? THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION S5 -1HEf_CE ``NORTH•\89'001 01" EAST ALONG SAID SOUTH LINE A DISTANCE OF 170.08 FE&,,, THE T j1� SAS 170400 FOOT FP&L RIGHT-OF-WAY AND THE POINT Oti 8 G NGI TF�EE�,NO TH } 00'47'14" EAST, ALONG THE EASTERLY DINE F" SAIp 7Q.OQ IF O , & R GHT?-OF-WAY, A DISTANCE OF 603.11 FEET; THEN '»l1R9'�40"''ET, A�AN, =0F 43.96 FEET, TO A POINT OF CURVATURE; I NCE 382.70 FEET ALQtsIG E" AR '6F A CURVE, CONCAVE TO THE SOUTH. HAVING i` �]IUS OF 1015.00 FJET THRb OF A CENTRAL ANGLE OF 21'36'10" AND BEING SU4TjWbED BY A CHORD �RI�1 �'�SOUTH 80'07'15" EAST, WITH A CHORD DISTANCE O `3Q 43 FEET, TO THE +�}} IN100 OF A COMPOUND CURVE; THENCE 102.77 FEE TALO VG THE ARC OF, A ,CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF i5f 72� FE£TE#F�QIEI" A CENTRAL ANGLE OF 00'15'31 " AND BEING SUBTENDE ",dY-iEFi S***'16 i BEARS SOUTH 70'04'40" EAST, WITH A CHORD DISTANCE OF 102.77 -FEET THENCE NORTH 19'09'51 " EAST, A DISTANCE OF 60.00 FEET, TO A NON-TANGENTIAL POINT ON THE ARC OF A CURVE; THENCE WESTERLY AND NORTHERLY 39.63 FEET, ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90'49'47" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 25'25'16" WEST, WITH A CHORD DISTANCE OF 35.61 FEET, TO A POINT OF TANGENCY; THENCE NORTH 19'59'38" EAST, A DISTANCE OF 67.24 FEET, TO A POINT OF CURVATURE; THENCE 43.09 FEET, ALONG THE ARC OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 841.62 FEET, THROUGH A CENTRAL ANGLE OF 02'56'02" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 17'01'34" EAST, WITH A CHORD DISTANCE OF 43.09 FEET, THENCE SOUTH 10'57'16" EAST, A DISTANCE OF 158.94 FEET; THENCE SOUTH 85'38'24" EAST, A DISTANCE OF 338.46 FEET; THENCE SOUTH 72'06'08" EAST, A DISTANCE OF 282.15 FEET; THENCE SOUTH 00'56'42" EAST, A DISTANCE OF 407.20 FEET, TO THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 35; THENCE SOUTH 89'00'01 " WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 1206.75 FEET, TO THE POINT OF BEGINNING. CONTAINING 14.58 ACRES, MORE OR LESS. BEARINGS FOR THE ABOVE DESCRIBED PROPERTY ARE BASED ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - BEING NORTH 00'29'15" WEST. *** OR 4520 PG 2223 *** LEGAL DESCRIPTION NORTH PARCEL OF CG II LLC, WITHIN PHASE TWO PLAT OF CITY GATE COMMERCE CENTER. A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, THENCE NORTH 89'13'01" EAST ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 590.33 FEET TO THE NORTHEASTERLY CORNER OF LOT 1, CITY GATE COMMERCE CENTER, PHASE ONE, AS RECORDED IN PLAT BOOK 41, PAGES 6 AND 7 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE CONTINUE N 89'13'01" EAST ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE "2089:06 FEET, TO THE POINT OF BEGINNING; THENCE LEAVING SAID U 3U 9" EAST, A DISTANCE OF 464.88 FEET; THENCE SOUTH.. 1"�� WEST,`T�E OF 65.00 FEET; THENCE SOUTH 13'34'02" EAST, A li I tt�CE OF 442.44 FEE1;',T ANON -TANGENTIAL POINT ON THE ARC OF A CURVE, T ENCE WESTERLY 117.46N ET 4LONG THE ARC OF A CURVE CONCAVE TO THE`NORTH' HAVING rC?I;k OF 9.7 FEET, THROUGH A CENTRAL ANGLE OF 30'36 48� AFI�NG� UBTENED BY"A CHORD WHICH BEARS SOUTH 79'04'51" WEST WIT AA (}RfT t31S E 1 fisb' o llfET, TO A POINT OF REVERSE CURVATURE; THEN E 44� 15; F E ,'A, N,G'� EARL 0� A CURVE CONCAVE TO THE SOUTHEAST, HA NC3t A' RAQtu OF �5 8 F l TH OU0H A CENTRAL ANGLE OF 96'32'24", AND BEING "Na,,6 • RD �H ' RS SOUTH 46'50'26" WEST, WITH A CHORD Dik CE OF 396.10 FEE TO A PQ11 SOF COMPOUND CURVATURE; THENCE 9.1 ,� T ALONG THE ARC,' A C11 ,' CONCAVE TO THE EAST, HAVING A RADIUS `5 .84 FEET, THROUM*,A,'CL ANGLE OF 01'28'37" AND BEING SUBTENDED BY�C RD WHICH BEARS S ++,63'21'55" EAST, WITH A CHORD DISTANCE OF 9.12 FE ,,,=�kFENCE NORTH wNi3l- 47" EAST, A DISTANCE OF 606.97 FEET; THENCE NORTH 5738",4 T.,i tSTf'N6E OF 392.68 FEET; THENCE NORTH 00'39'45" WEST, A DISTANCE'- - 0�7 4 °rFEET. TO THE NORTH LINE OF SAID SECTION 35; THENCE SOUTH 89'13'01" WEST, ALONG THE NORTH LINE OF SAID SECTION, A DISTANCE OF 594.79 FEET, TO THE POINT OF BEGINNING. CONTAINING 17.66 ACRES, MORE OR LESS. BEARINGS FOR THE ABOVE DESCRIBED PROPERTY ARE BASED ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - BEING NORTH 00'29'15" WEST. EXHIBIT 0 INSTR 5680312 OR 5604 PG 2920 RECORDED 3/6/2019 9:53 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $6,762.00 REC $27.00 CONS $966,000.00 PROJECT: Sports Complex PARCEL: A portion (4.83 acres) of Lot 10, City Gate Commerce Park, Phase Three FOLIO: 26095004422 Consideration: $966,000.00 WARRANTY DEED THIS WARRANTY DEED is made this day of March, 2019, by CG II, LLC, a Florida limited liability company, whose address is 121 South Main Street, Suite 500, Akron, OH 44308 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Ste 101, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in,Cofjier erunty, Florida, to wit: See Attached Exhj-bif$"A`" which is incorporated herein by reference. Subject to easeM}"3nts, resViaiotls anis reservations of record. TOGETHER with at)= ff� t'rfea#fs `" fditaitN►d appurtenances thereto belonging or in anywise ap'petpining. gh TO HAVE AND TO H0 1 file same in fee simpfh fgre�3er. AND the Grantor hereby ccr ,nArtt rvjth, c rantee that the Grantor is lawfully seized of said land in fee simple, thattom- Gia6 has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Witness (Sigr9turZj Print: /iw eoze ✓, S�� k� Witness (Signature) Print: ��'��-iC� �•��� Com► CG II, LLC, a Florida limited liability company By: VPice . Weber esidentt (Notary on following page) WRA OR 5604 PG 2921 STATEOFV I 1 COUNTYOF M The foregoing instrument was acknowledged before me this I' day of March, 2019 by Joseph R. Weber, as Vice President of CG II, LLC, a Florida limited liability company, who isld personally known to me or who has [ ] produced as identification. WITNESS my hand and official seal thisS { day of March, 2019. `VIAcP �k. , Ila to sc0 "'11111111r� (Si nature of Notary Public) _F -A Vq� Ivll �P AVartsco \GHQJgviC----4 (Print Name of Notary Public) ..!...° NOTARY PUBLIC 01 '� p^`�►',o Serial/Commission #(if any): IJ/A .,z:. .... _ My Commission Expires: 4413419 (affix notarial seal) Jennifef A. Belpedio, \ Assistant County Attorney �fC+7 *** OR 5604 PG 2922 *** Exhibit "A7' A PORTION OF LOT 10, CITY GATE COMMERCE PARK PHASE THREE, AS RECORDED PLAT BOOK 63, PAGE 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF SAID LOT 10, LESS THE WEST 52.77 FEET. E� LOT 9 0 mCITY CATE COMMERCE PARK PHASE THREE (PEI 63. PC 84) L-- - - - - - - - - - to F-" REMAINDER LOT 10 PARCEL No. 26095 04422 CITY CATE COMMERCE PARK PHASE THRJ cc 'I LLC N00 -46'59"W 633.97'(C) (PB 63, PG 84) 0 C3 IF C: a 0 z11 PARCEL No. * EE r ch Owl 4m"�A.'p p C5 iyo ado og? C9H'I p QA > 'z 0 Fd s A pct s ' p > 'mo t 6 a, ,s2 M O z FEZ 0 0 1. 0 API 0 100 0 qm L-4 > 6. IN c.q > m I R Z� OR �12'2 — E r - '- % (D A5� i;�' 2 C-' o Vo 0 C3 IF C: a 0 z11 PARCEL No. * EE 4m"�A.'p p .Axyqs,- iyo -1 k2 "-e5 emu 5! C9H'I p QA 2" V pct pin p pd t 6 a, ,s2 M O z PIT 0 0 1. 0 API 0 100 0 qm F1 > 6. z > m I otox Z� OR �12'2 — E P�5� - '- % (D A5� i;�' 2 0 9 0.60 AP2 z > zZ- mi p Zm 8 Z. p q F1 A DS "p OS OA o x qua 0o� E '0 Z> 8 irl211191 Rl H1> REVISIONS zoz 9 0 C3 IF C: a 0 z11 PARCEL No. * EE A PORTION OF LOT 10 CITY GATE COMMERCE PARK PHASE THREE (PLAT BOOK 63, PAGE 84) PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY. FLORIDA 2 1§qi ;q�fl i - 0 Pms';� a m iyo -1 k2 "-e5 emu 5! C9H'I p QA 2" V pct pin efp14 g_ pd t 6 a, ,s2 M 'z o 9 m q- g > 21 F1 > z > > F1 i;�' 2 > zZ- mi HZG Zm 8 Z. p q F1 A DS "p OS OA o x qua >� E '0 Z> 8 Rl H1> 1�6- i 1 .- zoz 9 S., E . 8 r Ni 0, > 42 R ->9 m 2 F RZ -p -m -1 y o A�P bA - Z. 3, >m > A PORTION OF LOT 10 CITY GATE COMMERCE PARK PHASE THREE (PLAT BOOK 63, PAGE 84) PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY. FLORIDA 2 1§qi ;q�fl i - 0 Pms';� a m INSTR 5551246 OR 5505 PG 3919 RECORDED 5/4/2018 11:08 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 $28,000.00 REC $27.00 CONS $4,000,000.00 PROJECT: Sports Park PARCEL: Lot 26, City Gate Commerce Park, Phase Three FOLIO: 26095004804 N 7r7c- Y4 do WARRANTY DEED THIS WARRANTY DEED is made this 21'CA day of May, 2018, by CG II, LLC, a Florida limited liability company, whose address is 121 South Main Street, Suite 500, Akron, OH 44308 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Ste 101, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit 'ix rhIch is incooo,,herein by reference. Subject to easomrit rest'rictioras-an=d resdxvations of record. TOGETHER with ail th tenements, I e dit& mohto and appurtenances thereto belonging or in anywise alkfibrlatrltng. TO HAVE AND TO HO ,the same in fee s t p10 fd3 "Ve'r. k AND the Grantor hereby Cd gn nts with said�Q tee that the Grantor is lawfully seized of said land in fee simple;°t# a( tfrai 9 h hood right and lawful authority to sell and convey said land; that the Grantor- teby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. '`IAC U 0.J-�c-0 Witness (Signature) Print: M I C.hde X \6 r SG() Witness (Signature) Print: `1r Wr c : G I,- -v-. Z. A. to C-0 CG II, LLC, a Florida limited liability company By: �If Y',� o eph RAVeber ce President T THIS CONVEYANCE ACCEPTED DY THE SOARD OF COUNTY COMMISSIONERS. COLLIER COMM, FLORIDA, PURSUANT T AUiEfIDA, DATED: �L z ITEM NO. : _t__ (Notary on following page) OR 5505 PG 3920 STATE OF ©(f1 i O COUNTY OF _C�uyVlMi+ The foregoing instrument was acknowledged before me this -Z:4 day of May, 2018 by Joseph R. Weber, as Vice President of CG II, LLC, a Florida limited liability company, who is H personally known to me or who has [ ] produced as identification. WITNESS my hand and official seal this 2'd day of Mg,_, 2018. (affix n Approved as to form and Jenn Mr A. Belpedie� Assistant County Attorney �_ ,t ck.e.& -i . Oates c.c) (Signature of Notary Public) M Ic_Y12[ [e A,Vo tom'iscb (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #(if any): NjA My Commission Expires: 4.413419 s 4 .::.. \'4%, f% v- OR 5505 m 391 ©- Exhibit ®A' z!2 J CITY GATE r0«¥£#r£ PARK PHASE THREE, according to the Plat thereof, recorded B Plat Book 63 #.»—% of the Public Records of CollierCounty, Florida. £ : 9 ���2�«w \ ` m C � » � \! \{))�kJ`\\) \� y y X z �« VO J INSTR 5551248 OR 5505 PG 3925 RECORDED 5%4/2018 11:08 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $28,000.00 REC $27.00 CONS $4,000,000.00 PROJECT: Sports Park PARCEL: Lot 28, City Gate Commerce Park, Phase Three FOLIO: 26095004846 e..as i A, r oZ,,'ve�, $ `/, 001 ocso s= - WARRANTY DEED THIS WARRANTY DEED is made this �hd day of May, 2018, by CG II, LLC, a Florida limited liability company, whose address is 121 South Main Street, Suite 500, Akron, OH 44308 (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Ste 101, Naples, Florida, 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibi't,,",�1(vhlb1h is incor <herein by reference. Subject to Das, meat "restrictions—and reservations of record. TOGETHER with all 1:4 t?enemont* he fto e is and appurtenances thereto belonging or in anywise a°iral±p '.µ`, TO HAVE AND TO HQf D"Ahe same in fee s6pl0 foreVer. AND the Grantor hereby cd�errants with said-GOgtee that the Grantor is lawfully seized of said land in fee simple t is tfa art r_lh s -good right and lawful authority to sell and convey said land; that the Oreton hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. _ d k A IIF ISLO Witness (Signature) Print: IC+-} 1k C -a Witness{Sign Print: -ev--�, C.1, - CG II, LLC, a Florida limited liability company By: '= AZ /JVseph 0. Weber ice President U� THIS CONVEYANCE ACCEPTED BY T14 BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA, PURSUANT T AGEI�gA, DATED: Z y ITEM NO. (Notary on following page) OR 5505 PG 3926 STATE OF Oh ('D COUNTY OF SUM n4 r+ - The foregoing instrument was acknowledged before me this 2-'Icj day of May, 2018 by Joseph R. Weber, as Vice President of CG II, LLC, a Florida limited liability company, who isN personally known to me or who has [ j produced as identification. WITNESS my hand and official seal this j- day of n nom, 2018. `1au,VAR,'''o �XJC �itXJi. cn {affix notari}STATE SC ,.`q,�.1�0 ------ +� -- 'o (Signature of Notary Public) . %`'y -o M,Ic,Vie(,lP ok �l1GLresc0 Print Name of Notary Public) o," R? NOTARY PUBLIC z' µ Serial/Commission #(if any): �l/A My Commission Expires: 4/1 3 ,r,,• i/SSInNB Approved as to form and legality rvCl Jenni%r A. Belpe Assistant County t ": Eel ©- OR 5e + 392 ©- Exhibit ®A' Lot 28 of CITY GAT£ COM«£#r£ PARK PHASE Ta#£& according to the Plat thereof, recorded + Plat Book 63Pages 84-%Jthe Publc Records kCollier County, Florida. : t . = y, . : « x.z �z - / x INSTR 5014245 OR 5063 PG 2207 RECORDED 8/1/2014 1:32 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $38,675.00 REC $18.50 CONS $5,525,000.00 PROJECT: Joint Land Purchase FOLIO: 00298480005 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made this I _"' day of 2014, by ASSET RECOVERY XVIII, LLC, a Florida limited liabili company, whose mailing address is c/o David P. Applebaum, One Wall Street — 16th Floor, New York, NY 10286 (hereinafter referred to as "Grantor"), to BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AND AS EX -OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, whose post office address is 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112 (hereina,fte T 'tf� try€a referred to as "Grantee"). (Wherever used I to this instrument and assigns.) WITNESSETH: l Dollars ($10.00) and acknowledged, hereby confirms unto the Gran - grantor' artoo "Prantee" include all the parties heirs, legal preventatives, successors and M cpreration of the sum of Ten r w6° r6t receipt whereof is hereby :ns r m , s releases, conveys and ate � al r County, Florida, to wit: The West Y2 of Secti6d' 0,'Township 49 S66%,", Oartje 26 East, Less and Except the land South° tF Northerly Right -of WG Access Road No. 1, Accordingto Road Book �", 8,,of ithe,Ptltyl(6�`Records of Collier County, Florida. s w�. Subject to easements, restrictions, and reservations of record. This is NOT Homestead Property TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that, said land is free of all encumbrances except as noted above. ved as to and legality , _W ht' Sco R, Tfach, Deputy County Attorney THIS CONVEYANCE ACCPTED BY TW "A'D OF COUNTY COMMISSIONERS, COLLIER COWTY, FLORIDA, PURWA_TO RDA, DATED: '121 :i._. ITEM NO. �.� *** OR 5063 PG 2208 *** PROJECT: Joint Land Purchase FOLIO: 00298480005 Page 2 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. DATED: WITNESSES: 04'ov l/ (Signature) q . DAy 10 6A 6A (Printed Name) F (Signature) 3 (Printed Name) r� STATE OF COUNTY OF ASSET RECOVERY XVIII, LLC, a Florida limited liability cogipeny Manager The foregoing Special Warranty Deed was acknowledged before me this_ day of _ -7tj Ly , 2014 by David P. Applebaum. on behalf of Asset Recovery XVIII,'a Florida limited liability company, who is (eersonally known to me r who has produced as identification. (affix notarial seal) , ' , . (' ( ignature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) My Commission Expires: ALVIN A. NARIN NotaryNobl012NA497670901 WYork Qualifed in New York naCounty 22 20 / Commission Exp ��Dc DAVIDSON F Y'A G II 1111 IfR F N;:' . II h4 G ESTABLISHED 1997 CITY GATE COMMERCE PARK NARRATIVE AND EVALUATION CRITERIA The purpose of the City Gate Commerce Park PUD Rezone is to request the addition of the adjacent 128.05 -acre, County -owned parcel into the PUD. The addition of the subject parcel, known as the Sports Complex Extension, will allow for the construction of future phases of the Collier Count Sports Complex and Events Center, an Essential Service. As a result of the addition of land, and at the request of the applicant(s), the below outline of updates is being requested: - Update the overall PUD acreage from 291.55 to 419.60 -ac; - Update the legal description; o Note, three separate legal descriptions are now provided for 1.) existing City Gate MPUD boundary, 2.) Sports Complex Extension and 3.) the updated, overall MPUD boundary - Addition of Sports Complex Extension to the Maximum Development Intensity; - Increase the maximum hotel rooms from 950 to a total of 1,250; - Addition of language to PUD Section 2.5.13 to allow murals for the Sports Complex Project, subject to Board approval; - Removal of PUD Sections 2.6.13 and 2.6.C- Exceptions to County Subdivision Regulations; - Removal of Deviation #23, as it is no longer applicable with the addition of the Sports Complex Extension to the City Gate PUD; - Addition of Deviation #25, pertaining to the Sports Complex Extension's Preserve; - Addition of Deviation #30, pertaining to Landscape Buffers along the perimeter of the Sports Complex Extension; - Addition of Deviation #31, pertaining to maximum wall height along the norther MPUD boundary; - Addition of Deviation #32, pertaining to parking/landscaping requirements; - Addition of Deviation #33, pertaining to parking for the MPUD (excluding the Sports Complex Extension); - Increase the maximum caretaker units from 5 to a total of 7; - Addition of language to Section 3.2.3, regarding the leasing of the Sports Complex facility to professional sports teams, by Board approval; - Addition of Permitted Uses within Preserves Areas (Sports Complex Extension only); - Clarification of maximum height of walls along north MPUD boundary; - Addition of accessory uses within Lake and Recreational Tract; - Update the minimum parcel size and width for lots east of the FPL easement; - Addition of development standards (Required Yards) for lots abutting the Lake and Recreational Tract; - Addition of setbacks from the Preserve Area(s), at the request of Environmental Review Staff; - Addition of language regarding maximum height for poles and netting, related for safety to sports and recreational activities; - Elimination of Developer Requirements, Section 4.3 -Items G and H; 1:1 Y t X11,:, a:C)Itnitnl.l a:l 1 111< l!I'el1 31 20190001494 VV[st[W & FVvsfWftr Mlt:[[W[d;r Docombo 19, 2019. uuuuuu.al:.v a1sonon opo oing,cm ��Dc DAVIDSON F Y'A G II 1111 IfR F N;:' . II h4 G ESTABLISHED 1997 - Addition of Developer Requirement, Section 4.3 -Item I (Sports Complex Extension) - Updates to Exhibit A-1, Master Development Plan: o Addition of 128.05 -acre parcel o Deviation Requests o Addition of external access points o Addition of Preserve Exhibit (Sports Complex Extension) - Addition of note to Exhibit A-2, Table 12.13.3; - Addition of Essential Services to Exhibit A-3, SIC Codes (Sports Complex Project); - Addition of Art, such as Sculptures to Exhibit A-3, Accessory Uses (Sports Complex Project); - Addition of Direct Selling Establishments (SIC 5963) to Exhibit A-3, SIC Codes - Addition of Page 2 to Exhibit A-4, Cross Section (Golden Gate Canal Buffer); - Update to Exhibit A-5, Sign Deviation Exhibit, to clarify the sign type for Deviations #8 and #9; - Updates to Exhibit A-6, Required Yard Plan: o Update to Section 11, Definitions, for Lake/Recreational Area o Update to Section 11, Definitions, for Required Yard o Update to Section IV.2.A.3, language added to 'What Must be Retained in Required Yards' o Update to Section IV.2.C, addition of Phase One Native Vegetation Approval o Update to Section VI.A.7, addition of Passive Recreational Uses o Update to Section VI.C.4, language added to General Maintenance The following criteria have been addressed by the applicant to evaluate the proposed PUDR application: a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Response: The intent of the proposed PUD Rezone is to add an adjacent 128.05 -acre, County -owned parcel into the existing City Gate Commerce Park MPUD, to allow for the future expansion of the Collier County Sports Complex and Events Center, an Essential Service. The MPUD is located near Interstate -75, which provides an appropriate location for the proposed Sports Complex. Additional access points are proposed along the future right-of-way located on the Sports Complex Extension; please refer to the Master Plan. The MPUD is currently serviced by Collier County Public Utilities, with the future Sports Complex Extension to be serviced by Collier County Public Utilities as well. The proposed Rezone does not negatively affect the current level of service. Please refer to the TIS and Level of Service Analysis for more details. :rry Irl.:< Itnitnl.l :l r l< �r 3120190001494 NV [ s twVO & FVvs [Wftr Ml 0 [W [ 1ocomf ro, 19, 2019. 2 uuuuu ,dav a1soi ron i oong,cm ��Dc DAVIDSON F Y'A G II 1111 IfR F N;:' . II h4 G ESTABLISHED 1997 b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Response: Covenants of Unified Control documents have been included with this PUDR submittal. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) Response: The western portion of the existing City Gate Commerce Park MPUD is located within Activity Center #9 while the eastern portion of the MPUD is located within the Urban Industrial District per the Future Land Use Map. The MPUD is and will continue to be consistent with the goals, objectives, and policies outlined in the Vested Rights Determination and Collier County Growth Management Plan. See page 4-5 of this document for Future Land Use Provisions. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Response: The proposed PUDR will continue to remain compatible, internally and externally. Please refer to the Master Development Plan, Attachment A-1 of the PUD, for the location of buffering, etc. e. The adequacy of usable open space areas in existence and as proposed to serve the development. Response: The proposed PUDR will continue to meet or exceed the open space requirement. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Response: There are no known deficiencies in public or private infrastructure. Any future improvements within the City Gate Commerce Park MPUD will comply with the County Adequate Public Facilities Ordinance where applicable. Please refer to the Level of Service Analysis and Statement of Utility Provisions. :rry Irl.:< Itnitnl.l :l r l< �r 3120190001494 NV [ sft[W FVvs [Wftr Ml1:[[W[d;r 1ocomfro, 19, 2019.w u u u.al:.va1[a ii ing'cm ��Dc DAVIDSON F Y'A G II 1111 IfR F N;:' . II h4 G ESTABLISHED 1997 g. The ability of the subject property and of surrounding areas to accommodate expansion. Response: The addition of the undeveloped 128.05 -acre, County -owned parcel will allow for the expansion of the Collier County Sports Complex and Events Center, an Essential Service. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Response: The proposed PUDR complies with all applicable regulations set forth in the Collier County Land Development Code. The Rezone will allow for the proposed future expansion of the Collier County Sports Complex and Events Center, an Essential Service. Future Land Use Element Provisions Policy 5.3: All rezonings must be consistent with this Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: b. For such industrially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. The intent of the proposed PUDR is to add the adjacent County -owned, 128.05 -acre parcel into the City Gate Commerce Park MPUD to allow for the future expansion of the Collier County Sports Complex and Events Center, an Essential Service. This request does not create any inconsistencies with the Future Land Use Designation. Policy 7.1 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The City Gate Commerce Park MPUD has existing internal roadways and developed access points to arterial and or collector roads. With this Rezone, additional external access points along the eastern MPUD boundary are being requested, to allow for future interconnection to adjacent County owned properties and alternative future transportation routes. 1:1 Y t X11,:, a:C)Itnitnl.l a:l 1 111< l!I'el1 31 20190001494 NV [ s twVO & FVvs [Wftr Ml t:[ [W [ 1ocomf ro, 19, 2019. 4 uuuuu 'dav a1soi ron i oong'cm ��Dc DAVIDSON F Y'A G II 1111 IfR F N;:' . II h4 G ESTABLISHED 1997 Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. Internal rights-of-way will be extended, as needed throughout the MPUD, and additional access points are being requested. The proposed new access points, along the eastern MPUD boundary, will provide access to adjacent County -owned properties. Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. The additional access points, along the eastern MPUD boundary, will connect adjoining properties with the City Gate Commerce Park MPUD. Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. The purpose of this PUDR is to add 128.05 -acres of County -owned land into the MPUD, to allow for the future expansion of the Collier County Sports Complex and Events Center, which will provide close to 200 - acres of public park space for residents and visitors of Collier County. Sidewalks will be provided throughout the MPUD, to promote a walkable, pedestrian -friendly development. CCME Policy 6.1.1 and Objective 7.1 CCME Policy 6.1.1 pertains to native vegetation preserve requirements. The amount of existing native vegetation, less the ROW, is 90.98 acres. The CC preserve requirement is 15%. 90.98 * .15 = 13.65 acres of preserve required. See updated Environmental Data and updated PUD document. CCME Objective 7.1 pertains to listed animal species and their habitats. 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. :rry Irl.:< Itnitnl.l :l r l< �r 3120190001494 VV[st[VO & FVvsfWftr Ml0[W[d;r 1ocomfro, 19, 2019.u u u.al:.va1[a ii ing'cm DAVIDSON Y loll C', 1 N F& R II IN C, ESTABLISHED I99'?"' CITY GATE COMMERCE PARK PUD DEVIATION JUSTIFICATIONS PRESERVATION - SPORTS COMPLEX EXTENSION ONLY 25. Deviation #25 seeks relief from LDC Section 3.05.07 H.1.f.i "Purpose and Intent. The purpose of this subsection f. is to identify the criteria to satisfy on-site preserve requirements off site. The intent of the on-site preserve requirement is to retain, maintain, and preserve existing native vegetation on-site as provided for in the Conservation and Coastal Management Element of the GMP," to allow 9.28 -acres of the Sports Complex Extension's preserve requirement, located on the abutting County owned property, to be treated as on-site so there can be one contiguous 13.65 -acre preserve. Refer Exhibit A-1 Master Development Plan, page 3 of 13. Justification: The Collier County Sports Complex and Events Center is being developed as an Essential Service, defined in LDC Section 1.08.02. The purpose of this deviation request is to allow 9.28 -acres of the Sports Complex Extension's preserve requirement to be provided on the abutting property, under common ownership, commonly known as Collier County 305. As shown on Sheet 3 of the PUD Master Plan, this will allow the Sports Complex Extension's preserve to be located together with the Collier County 305's preserve in one contiguous location. The Sports Complex Extension's 13.65 -acre preserve, along with the Collier County 305's +19.42 -acre preserve will provide a contiguous +33.07 -acre preserve. This deviation achieves the goals and objectives of the Conservation and Coastal Management element of the Growth Management Plan by providing the largest contiguous preserve area possible. The FLUCCS for the Collier County 305, along with the preserve requirement calculation, has been included within the Environmental Data Report. 26. Intentionally Omitted. 27. Intentionally Omitted. 28. Intentionally Omitted. 29. Intentionally Omitted. LANDSCAPE BUFFERS — SPORTS COMPLEX EXTENSION ONLY 30. Deviation #30 seeks relief from LDC Section 4.07.02 13.2 PUD "Design Requirements," which requires PUDs to provide landscape buffers along the perimeter of PUD boundaries, to instead allow no landscape buffers along the perimeter of the Sports Complex Extension if development with abutting properties is jointly planned. City Gate Commerce Park MPUD P U D R -P L20190001494 December 19, 2019 DAVIDSON Y loll C', 1 N F& R II IN C, ESTABLISHED I99'?"' Justification: A public right-of-way is proposed along the perimeter of the Sports Complex Extension parcel. There are plans by Collier County to provide stormwater management updates (50' Golden Gate Canal Flow Diversion) within the adjacent eastern property, along the same public right-of-way. Installing costly landscaping along the PUD boundary in the subject area is unnecessary and will affect the future design of the proposed stormwater updates. Furthermore, it is the vision of the County to create Core Campus #2, inclusive of the Sports Complex Project and other surrounding/abutting County -owned properties. It is the intent to create a unified plan amongst these County -owned properties, without the need for landscape buffers between the planned Essential Services/Government Facilities. Refer to Attachments 'A' and 'B'. WALL REQUIREMENTS — MPUD 31. Deviation #31 seeks relief from LDC Section 5.03.02 D.1 "Fences and Walls," which allows fences and walls within PUDs to be a maximum height of 8', to instead allow a wall up to 14' in height along the north MPUD boundary where it abuts the Golden Gate Canal. Refer to Exhibit A-4, page 2 of 2, of the PUD Document. Justification: Section 111. 3.3. K of the City Gate Commerce Park PUD requires sites that abut the Golden Gate Canal to install landscaping and/or structural buffers, in compliance with Exhibit A- 4 of the PUD Document. Providing the option to increase the maximum wall height of 8' up to a maximum of 14' for the subject lots, will promote safety to visitors of City Gate and the Collier County Sports Complex and Events Center. Several property owners across the Golden Gate Canal have constructed berms and shooting ranges within their backyards; having the option to provide a wall, up to 14' in height, will aide in providing public safety. Lastly, an increase in wall height will provide extra screening for the developed single-family residential properties across the canal. Refer to Attachment 'C'. LANDSCAPING — MPUD (EXCLUDING THE SPORTS COMPLEX EXTENSION) 32. Deviation #32 seeks relief from LDC Section 4.05.04. C. "Parking Space Requirements," which requires double landscaping in commercial vehicular use areas of a minimum of 80 parking spaces, if provided parking is in excess of 120% of the LDC requirements, to instead allow parking in excess of 120% of the LDC reauirements without the need to provide additional vehicular use landscaoin2. Justification: The City Gate PUD/DRI was originally approved in 1988, allowing a mix of commercial and industrial land uses. The native vegetation requirements, outlined in the Required Yard Plan, were established in 2005 via a Vested Rights Determination. The Required Yards within City Gate exceed current, typical landscaping requirements for a commercial or industrial zoned parcel. Please refer to Attachment D, which compares required perimeter vegetation on a lot within City Gate -Phase Three to a typical Industrial zoned Lot. In this example, the City Gate lot has 33.86% of perimeter retained vegetation while the typical industrial zoned lot provides 5.54% of perimeter vegetation/landscaping. Based on this increase in perimeter vegetation provided within City Gate through the Required yards, additional interior landscaping is not needed. Lastly, this LDC requirement could severely limit developable area within the City Gate PUD. City Gate Commerce Park MPUD P U D R -P L20190001494 December 19, 2019 2 DAVIDSON Y loll C', 1 N F& R II IN C, ESTABLISHED I99'?"' PARKING — MPUD 33. Deviation #33 seeks relief from LDC Section 5.05.08 F.2.b.ii.b "Parking for Projects," which allows no more than 80 percent of the off- street parking requirement, for buildings on corner lots, to be located between a primary facade and the abutting street, with no single side to contain more than 65 percent of the total required parking, to instead allow more than 80 percent of the off-street parking requirement to be located between a primary facade and the abutting street, and allow more than 65 percent of the total required parking to be located on any single side of the building. This deviation does not apply to the "Sports Complex Extension" site. Justification: This section of the LDC limits the location of off-street parking on corner lots, which restricts design flexibility and building placement. Furthermore, per the LDC, buildings located within PVDs must provide three primary facades, which creates added difficulty with site design, while attempting to meet this restricting LDC requirement. Due to the area of existing corner lots within City Gate, and the need to provide substantial Required Yards containing native vegetation, this LDC requirement limits developable area. This deviation request has no detrimental effect on public health, safety or welfare. City Gate Commerce Park MPUD P U D R -P L20190001494 December 19, 2019 3 ATTACHMENT 'A' (PG 1 OF 2) ATTACHMENT 'A' (PG 2 OF 2) — -- — -- LEGEND MIFUTURE CANAL DIVERSION Z -\A.0 �re,,i<.�.t:�, c nor. G.te 07r7r��sw w, .ir�<. r,e.�A�.re� - �'�i.ac�ft r.�vur r�i..�tiivrvi t, rzr: i.nF�c:n YARIk PLAN EXHIBIT'.., 2010 07 -2a -PRI ERVEd,,q (RUFFER r,FtNUMON) i�..,--,N rd Neu 15, v.V� l _. 343pr„ 50' REQUIRED FRONT AND REAR YARD SETBACK 25' REQUIRED SIDE YARDSETBACK (INCLUSIVE OF RETAINED NATIVE VEGETATION) Lj C C 0 SCALE: 1:100 LOT AREA = 275,476 SF = 6.32 AC - 100.00% REQUIRED YARD/ LA BUFFER = 93,030 SF = 2.14 AC - 33.86% ATTACHMENT D- PG 1 OF 2 PROJECT'. 1111CITYGATE CITY GATE - PHASE THREE PLAT VVVVVVVVVV 4365 Radio Road, Suite 201 DEVELOPMENT, Naples, Florida 34104 LLC IIII P: 239.434.6060 DAVIDSON F: 239.434.6084 SHEET TITLE. Ihl C. 1'4 1 1. I'.2. II NG Company Cert. of Author¢ation 159 S. MAIN STREET C ELEBRATING90 YEARS Na. 00009496 JEFFL DAVIDSON.. P.E No. 47161 SUITE 500 TYPICAL LOT ANDREW E. RATH. P.E. NO. 73996 AKRON, ON 44309 RYAN A. WHITE. P.E. NO. 17400 JENNAA. WOOD -RD. P.E. NO. 94212 330-998-0225 10' FRONT YARD LANDSCAPE BUFFER LOT AREA = 275,476 SF = 6.32 AC - 100.00% 5' SIDE YARD LANDSCAPE BUFFER LANDSCAPE BUFFER = 15,403 SF = 0.35 AC - 5.54% 5' REAR YARD LANDSCAPE BUFFER �m w jT Q U o O Q h N 00 Z M m SCALE: 1:100 m ATTACHMENT D- PG2OF2 PROJECT'. D11� CITYGATE CITY GATE - PHASE THREE PLAT VVVVVVVVVV 4365 Radio Road, Suite 201 DEVELOPMENT, Naples, Florida 34104 LLC IIII P: 239.434.6060 DAVIDSON F: 239.434.6084 SHEET TITLE. I hl C. 1 1'1 1 1. I'.2. II N G Company Cert. of Author¢ation 159 S. MAIN STREET CELEBRATING"t�YEAR$ Na. 00009496 JEFF L DAVIDSON.. P.E No. 47161 SHITE 500 TYPICAL LOT ANDREW E. RATH. P.E. NO. 73996 AKRON, ON 44309 RYAN A. WHITE. P.E. NO. 17400 JENNAA. WOODWARD. P. E. N 0. 84212 330-998-0225 Traffic Impact Statement City Gate Commerce Park PUD Sports Complex Lot Extension Planned Unit Development Rezone (PUDR) Prepared for: Collier County, FL 10/04/2019 Prepared by: Davidson Engineering Trebilcock Consulting Solutions, PA 4365 Radio Road, Suite 201 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Naples, FL 34104 Phone: 239-434-6060 Phone: 239-566-9551 Email: ntrebilcock@trebilcock.biz Collier County Transportation Methodology Fee* — $500.00 Collier County Transportation Review Fee — Maior 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 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. This item has been electronically signed and sealed by Norman J. Trebilcock, AICP, PE, State of Florida license 47116, using a SHA -1 authentication code. Printed copies of this document are not considered signed and sealed, and the SHA -1 authentication code must be verified on any electronic copies. 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 Trebilcock Consulting Solutions, PA 13 a g o 1 2 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Table of Contents ProjectDescription......................................................................................................................... 4 TripGeneration............................................................................................................................... 5 Trip Distribution and Assignment................................................................................................... 6 BackgroundTraffic.......................................................................................................................... 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 ImprovementAnalysis.................................................................................................................. 12 Mitigationof 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 Trebilcock Consulting Solutions, PA 13 a g o 1 3 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 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 N Project „off Go le 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 Trebilcock Consulting Solutions, PA 13 a g o 14 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 14 general purpose sports fields and the LUC 710— General Office was chosen for the STARabiIity 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 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) Tri Generation Manual, loth 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, no reductions for internal capture or pass -by traffic have been considered in this report. Trebilcock Consulting Solutions, PA 13 a g o 1 5 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Projected trip generation associated with the proposed PUDR application is illustrated in Table 2. 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 Trebilcock Consulting Solutions, PA 13 a g o 1 6 Collier Distribution PM Peak Hour Project Roadway Link County Roadway Link Location of Project ............................................Traffic Volume ........ ......... ......... ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................I Link No. Traffic Enter Exit .........................................................................................., Golden Gate Pkwy. to Collier Blvd. 32.2 30% SB — 59 NB -34 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Golden Gate Main Canal Golden Gate Main Canal Collier Blvd. 32.3 30% SB — 59 NB -34 .......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... to City Gate Blvd N Collier Blvd. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 32.3 City Gate Blvd N to 1-75 70% NB —138 SB — 78 Collier Blvd. 33.0 1-75 to Davis Blvd 20% NB -39 SB — 22 Trebilcock Consulting Solutions, PA 13 a g o 1 6 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Figure 2 — Project Distribution by Percentage and by PM Peak Hour �i w o` _ LLF �( m� n+�Yip�i�4iaRu PVta9t> >�¢isB �r � � 1 UJB /6 Of Iro�r1 Trebilcock Consulting Solutions, PA 13 a g o 1 7 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 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) 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 constructed within Trebilcock Consulting Solutions, PA 13 a g o 1 8 2024 Pk Hr, 2024 Pk Hr, Pk 2018 AUIR Projected Dir Background Pk Dir CC Pk Hr, Traffic Traffic Vol w/o Background Roadway AUIR Roadway Link Pk Dir Annual Growth Trip Traffic Vol Link Link Location Background Growth Factor Project Bank w/out (trips/hr) ID # Traffic Vol Rate Project (trips/hr) (%/yr)* Growth (trips/hr) Trip Factor** Bank*** .............................................................................................................................................................................................................................................................. Golden Gate Pkwy. ......................................................................... ....................................................................................................................................................................................................................... ............................................................................................. Collier Blvd. 32.2 to Golden Gate 1,370 2.00% 1.1262 1,543 217 1,587 Main Canal .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Golden Gate Main Collier Blvd. 32.3 Canal to City Gate 1,370 2.00% 1.1262 1,543 324 1,694 Blvd N ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... City Gate Blvd N to Collier Blvd. 32.3 1,370 2.00% 1.1262 1,543 324 1,694 1-75 Collier Blvd. 33.0 1-75 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 constructed within Trebilcock Consulting Solutions, PA 13 a g o 1 8 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 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 S. Table 5 Existing and Future Roadway Conditions 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 1-75. 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 without 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. Trebilcock Consulting Solutions, PA 13 a g o 1 9 2024 Peak 2018 Peak 2018 Min. 2024 Dir, Peak Roadway Link CC AUIR Roadway Link Location Roadway Standard Dir, Peak Hr Roadway Hr Link ID # Capacity Conditions LOS Conditions Capacity Volume Volume ..................................................................................................................................................................................... .................................................................................................................................................................................................................................... Golden Gate Pkwy. to .......................................................................................................................................................... .......................................................................................................................................................... Collier Blvd. 32.2 4D D 2,300 (NB) 4D 2,300 (NB) ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Golden Gate Main Canal Golden Gate Main Canal Collier Blvd. 32.3 8D E 3,600 (NB) 8D 3,600 (NB) ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... to City Gate Blvd N Collier Blvd. 32.3City Gate Blvd N to 1-75 8D E 31600 (NB) 8D 3,600 (NB) Collier Blvd. 33.0 1-75 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 1-75. 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 without 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. Trebilcock Consulting Solutions, PA 13 a g o 1 9 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Table 6 Roadway Link Level of Service (LOS) — With Project in the Year 2024 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 using 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. Trebilcock Consulting Solutions, PA 13 a g o 1 10 Roadway 2024 Peak % Vol Min LOS Min LOS CC Peak Dir, Link, Peak Dir, Peak Capacity exceeded exceeded AUIR Roadway Link Peak Hr Dir, Peak Roadway Link Hr Volume Impact without with Link Location Capacity Hr (Project w/Project by Project? Project? ID # Volume Vol ** Project Yes/No Yes/No Added)* ...................................................................................................... ......................................................................................................................................................................... Golden Gate Pkwy. ........................................................................................................................................................... .............................................................................................................................................. ...................................................................................................................................................... Collier Blvd. 32.2 to Golden Gate 2,300 (NB) NB — 34 1,621 1.5% No No Main Canal ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Golden Gate Main Collier Blvd. 32.3 Canal to City Gate 3,600 (NB) NB — 34 1,728 0.9% No No ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Blvd N City Gate Blvd N to Collier Blvd. 32.3 3,600 (NB) NB —138 1,832 3.8% No No ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 1-75 Collier Blvd. 33.0 1-75 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 using 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. Trebilcock Consulting Solutions, PA 13 a g o 1 10 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 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. Trebilcock Consulting Solutions, PA 13 a g o 1 11 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 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 1-75. 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. Trebilcock Consulting Solutions, PA 13 a g o 1 12 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Appendix A Project Master Site Plan Trebilcock Consulting Solutions, PA 13 a g o 1 13 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Trebilcock Consulting Solutions, PA 13 a g o 1 14 nn°a aasodoad °aa z ��w � o � o II Op F I w g w m O 40 O I O tt C' y 2 I I - W � ..._..' I I I I I I W N W d .. = U a < Z a I - w I I z W o� gw � r W d F L- a. I I O Y °LU w O CD 1z O U U o y o ci I_ _.__.__ -_ w ❑ a U w iY w y w-� w W 11I w nna,y LU J WFf" �woz z-1 Wo i I CIO Q W y O y ° I I I i � J U rc�y d+ t I »I rn V 1 ¢ It ml Z I w 2 I II I i Z I °I I -- ' 3A—NVNN3AB - I oy y r zo 0 , a w z 1IHrN 3`ABT-41 M rr � I I D1 NII C Trebilcock Consulting Solutions, PA 13 a g o 1 14 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Appendix B Meeting Checklist - (Methodology Meeting) Trebilcock Consulting Solutions, PA 13 a g o 1 15 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply, or N/A (not applicable). Date: April 12, 2019 Time: N/A Location: N/A — Via Email People Attending: Name, Organization, and Telephone Numbers 1) Michael Sawyer, Collier County Growth Management Division 2) Norman Trebilcock, TCS 3) Daniel Doyle. TCS Study Preparer: Preparer's Name and Title: Norman Trebilcock, AJCP, PE Organization: Trebilcock Consulting Solutions, PA Address & Telephone Number: 2800 Davis Boulevard, Suite 200, Naples, Fl. 34104, ph 239-566-9551 Reviewer(s): Reviewer's Name & Title: Michael Sawver, Project Manager Organization & Telephone Number: Collier County Transportation Planning Department 239-252-2926 Applicant: Applicant's Name: Davidson Engineering, Josh Fruth Address: 4365 Radio Road, Suite 201; Naples, FL 34104 Telephone Number: 239-434-6060 Proposed Development: Name: CC 305 — Sports Complex — Conditional Use (CU) — Rezone. Location: NE quadrant of I-75 and Collier Blvd (Figure 1). Land Use Type: Proposed Uses: Soccer complex (general purpose fields), Office. ITE Code #: Proposed Uses: LUC 488 — Soccer Complex, LUC 710 — General Office Description: The CC 305 — Sports Complex — is part of the Collier County ports Complex which is a multi -phase development within and external to the City Gate PUD. This project phase proposes to develop a portion of the public sports complex on parcels east of the City Gate PUD consisting of 14 general purpose fields, 4 Little League fields and a 10,000 sf STARability office. The development will also include a Welcome Center/Business Administration office and a concession/restroom area which are considered incidental to the sports complex uses. The general purpose fields and Little League fields will be analvzed as LUC 488 — Soccer Complex and the STARability office will be analyzed as LUC 710 — General Office. Page 1 of 5 Trebilcock Consulting Solutions, PA 13 a g o 1 16 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 ................................................................................................................................................................................................................................................................................................................................... Figure 1 —Project Location Map wpr, t elle Zoning: Existing: Agricultural — "A" Comprehensive plan recommendation: No change Requested: Rezone — Conditional Use (CU) FIndines of the Preliminary Study: Study type: Since projected CC 305 Sports Complex proiect traffic is greater than 100 AM or PM 2 -way peak hour trips, this study qualifies for a Major TIS — Significant roadway and/or operational impacts. The TIS will include AM/PM peak hour trip generation, traffic distribution and assignments, significance test (based on 20/o120/o13% criterion) and roadway link analysis. Roadway concurrency analysis — based on estimated project new PM peak hour weekday traffic. Site access points turn lane analysis will be performed at project accesses onto City Gate Boulevard North. Internal capture and pass -by reductions are not considered for this study. Operational site access analysis based on CC 305 Sports Complex buildout AM and PM peak hour external tripgeneration. City Gate Boulevard North currently has a posted speed of 30 mph and is analyzed with a desim speed of 45 mph. Page 2 of 5 Trebilcock Consulting Solutions, PA 13 a g o 1 17 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Study Tvpe: (if not net increase, operational study) Small Scale TIS ❑ Minor TIS ❑ Major TIS Study Area: Boundaries: N/A Additional intersections to be analyzed: N/A Build Out Year: 2024 Planning Horizon Year: 2024 Analysis Time Period(s): Concurrency — Weekday PM Peak Hour and Operational — Weekdav AM/PM Peak Hour Future Off -Site Developments: N/A Source of Trip Generation Rates: Proposed conditions based on ITE 10h Edition Reductions in Trip Generation Rates: None: N/A Pass -by trips: N/A Internal trips: N/A Transit use: N/A Other: N/A Horizon Year Roadway Network Improvements: 2024 Methodoloey & Assumptions: Non -site traffic estimates: NIA Site -trip generation: OTISS — ITE 10th Edition Trip distribution method: N/A Traffic assignment method: N/A Traffic growth rate: N/A Project Turning Movements: N/A Special Features: from preliminary study or prior experience) Accidents locations: N/A Sight distance: N/A Queuing: N/A Access location & configuration: N/A Traffic control: N/A Signal system location & progression needs: N/A On-site parking needs: N/A Data Sources: ITE Trip Generation 10 Edition Base maps: N/A Prior study reports: N/A Access policy and jurisdiction: N/A Review process: N/A Requirements: N/A Miscellaneous: N/A Page 3 of 5 Trebilcock Consulting Solutions, PA 13 a g o 1 18 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Small Scale Study - No Fee Minor Study - $750.00 Major Study - $1,500.00 X Methodology Fee - $500.00 X Includes 0 intersections Additional Intersections - $500.00 each Allfees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. --------------------------------------------------------------- SIGNATURES Normoo, ireb��cac4e Study Preparer Norman Trebilcock Reviewer(s) Applicant Page 4 of 5 Trebilcock Consulting Solutions, PA 13 a g o 1 19 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. Methodoloay Review - $500 Fee Methodology Review includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval/comments on a proposed methodology statement, and written confirmation of a re -submitted, amended methodology statement, and one meeting in Collier County, if needed. "Small Scale Study" Review - No Additional Fee (Includes one sufficiency review) Upon approval of the methodology review, the applicant may submit the study. The review includes: a concurrency determination, site access inspection and confirmation of the study compliance with trip generation, distribution and maximum threshold compliance. "Minor Studv Review" - $750 Fee (Includes one sufficiency review) Review of the submitted traffic analysis includes: optional field visit to site, confirmation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of off-site improvements within the right-of-way, review of site access and circulation, and preparation and review of "sufficiency" comments/questions. "Major Studv Review" - $1,500 Fee (Includes two intersection analvsis and two sufficiency reviews Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of traffic growth analysis, review of off-site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" comments/questions and/or recommended conditions of approval. "Additional intersection Review" - $500 Fee The review of additional intersections shall include the same parameters as outlined in the "Major Study Review" and shall apply to each intersection above the first two intersections included in the "Major Study Review" "Additional Sufficiencv Reviews" - $500 Fee Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. Page 5 of 5 Trebilcock Consulting Solutions, PA 13 a g o 1 20 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Appendix C Trip Generation Calculations ITE 10th Edition Trebilcock Consulting Solutions, PA 13 a g o 1 21 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Project Information Project Name: City Gate- Sports Complex Lot Extension No: PM Peak Hour Date: 08/02/2019 City: Exit State/Province: Exit Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: JTrip Generation Manual, 10th Ed Land Use Size Weekday AM Peak Hour PM Peak Hour Entry Exit Entry Exit Entry Exit 488 - Soccer Complex (General Urban/Suburban) 18 Fields 642 642 11 7 195 101 Reduction 0 0 0 0 0 0 Internal 0 0 0 0 0 0 Pass -by 0 0 0 0 0 0 Non -pass -by 642 642 11 7 195 101 710 - General Office Building (General Urban/Suburban) 10 1000 Sq. Ft. GFA 57 57 31 5 2 11 Reduction 0 0 0 0 0 0 Internal 0 0 0 0 0 0 Pass -by 0 0 0 0 0 0 Non -pass -by 57 57 31 5 2 11 Total 699 699 42 12 197 112 Total Reduction 0 0 0 0 0 0 Total Internal 0 0 0 0 0 0 Total Pass -by 0 0 0 0 0 0 Total Non -pass -by 699 699 42 12 197 112 Trebilcock Consulting Solutions, PA 13 a g o 1 22 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 REMOD SEI „I,oI N Analysis Name: Weekday Project Name : City Gate- Sports Complex No Lot Extension Date: 8/2/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed Land Use Independent Size Time Period Method Entry Exit Total Variable 488 - Soccer Complex Fields J,B(0" Weekday Average 342(') 64: ") 1:80) (General 71.33 50% 50% Urban/Suburban) 710 - General Office 1000 Sq. Ft. GFA 10 Weekday Best Fit (LOG) 57 57 114 Building (General Ln(T) = 0.97Ln(X) +2.5 50% 50% Urban/Suburban) (0) IInidicatC ;Ize DUt 0 Ir'a1llg,E� (1) III"NCaIca't's small) size, ulso UcUI"G hillly PERM SE rnNG Analysis Name : AM Peak Hour Project Name : City Gate- Sports Complex No Lot Extension Date: 8/2/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Land Use Independent Variable 488 -Soccer Complex Fields (General Urban/Suburban) Size Time Period Method 18 Weekday, Peak Average Hour of Adjacent 0.99 Street Traffic, One Hour Between 7 and 9 a. m. 710 - General Office 1000 Sq. Ft. GFA 10 Weekday, Peak Best Fit (LIN) Building (General Hour of Adjacent T = 0.94 (X)+26.49 Urban/Suburban) Street Traffic, One Hour Between 7 and 9 a. m. (1( line ic,a;e s SITIFall) amprale SIre, ruse CPVeffiL11ll1y Trip Generation Manual, 10th Ed Entry Exit Total I I (% 7(Gr( 180i 61% 39% 31 5 36 86% 14% Trebilcock Consulting Solutions, PA 13 a g o 1 23 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Analysis Name Project Name: Date: State/Province: Country: Analyst's Name: PERIOD SETTING PM Peak Hour City Gate- Sports Complex Lot Extension 8/2/2019 Land Use Independent Size Hour of Adjacent Variable 488 - Soccer Complex Fields 18 (General Urban/Suburban) 710 - General Office 1000 Sq. Ft. GFA 10 Building (General Best Fit (LOG) Urban/Suburban) Ln(T) = 0.95Ln(X) (0) i nirl�calta. sirnalll sairnpl,6' &71C. , USO' 4 r�arC1U1lllgr. No: City: Zip/Postal Code: Client Name: Edition: Time Period Method Weekday, Peak Average Hour of Adjacent 16.43 Street Traffic, One Hour Between 4 and 6 p.m. Weekday, Peak Best Fit (LOG) Hour of Adjacent Ln(T) = 0.95Ln(X) Street Traffic, +0.36 One Hour Between 4 and 6 p.m. Trip Generation Manual, 10th Ed Entry Exit Total 1 tl;) ("1 996'°) 66% 34% 2 11 13 15% 85% Trebilcock Consulting Solutions, PA 13 da > o 1 24 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Appendix D Turning Movement Exhibits Trebilcock Consulting Solutions, PA 13 a g o 1 25 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Trebilcock Consulting Solutions, PA 13 a g o 1 26 City Gate Commerce Park PUD — Sports Complex Lot Extension — Traffic Impact Statement — PUDR — October 2019 Trebilcock Consulting Solutions, PA 13 a g o 1 27 CITY GATE COMMERCE PARK Environmental Data for PDDR SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Collier County Growth Management Division CP � lilr' comnq 2800 North Horseshoe Drive Naples, FL 34104 Prepared By: 4 T� Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 Emriommlal,LLC www.eteflorida.com August 14, 2019 Updated: November 19, 2019 Updated: December 20, 2019 EXHIBITS Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 APPENDICES Location Map Aerial with FLUCCS Map Proposed Preserve Locations & Calculations Existing Native Vegetation on Sports Complex Expansion Native Vegetation Preserve Locations and Selection Criteria Jurisdictional Wetlands on Expansion Property Bald Eagle Information Map 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 Earth Tech Environmental, LLC Environmental Data for PUDR www.eteflorida.com Environmental Data for PUDR 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. r m � TALLAHASSEE wJACKSCYNVKLE w 4, k ORLANDO ShEA�R''NATER ' kd T PETERSBURG � µyl n r� w _ � y PROJECT HISTORY r. � GAi'L U.PR'A4 u0 m,� �;'. ,•. —. RAL 'SPRINGS *cd ol{E PgrJf.. LtAK .•COLLIER ,OL.Lti'"WOOD w COUNTY T;. µ� Figure 1. Location Map SUBJECT PROPERTY ' � � 1I'�l%►. A 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. Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDR 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 2003 October Regional Impact Development Order 88-2 (the "DRI DO") and City Gate Commerce Park PUD Ordinance 88-93, ("CITY GATE PUD" or "PUD"). [The 2004 April 19 PUD document provides that the PUD Master Plan is the DRI Master Plan — 2005 January 6 Map (H) from the ADA"]. 1989 January Collier County adopts Comprehensive Growth Management Plan ("Comp. 2004 June 18 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 2005 January 6 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 Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDR 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 Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDR 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. Earth Tech Environmental, LLC (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 O www.eteflorida.com Environmental Data for PUDR 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 1-75. 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. 1-75 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 % 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.I. Application Contents #24). FLUCFCS Overlay -P627. See Figure 2, Aerial with FLUCCS Map and vegetation descriptions below. Earth Tech Environmental, LLC 7 www.eteflorida.com Environmental Data for PUDR 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 Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDR 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. Earth Tech Environmental, LLC i www.eteflorida.com Environmental Data for PUDR 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. Hvdric 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. Earth Tech Environmental, LLC a www.eteflorida.com Environmental Data for PUDR 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 3.05.07.11-11.1). 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. Earth Tech Environmental, LLC I www.eteflorida.com r I PRESERVE AREA ACRES AFQEA 01 4 3T AREA #2 928 TOTAL 1 % DIASTER DEVELOPMENT PLAIN COMPLEX EXTENSION ONLY) FRORNSEr, AcC:I:ss R>l I CKA04 E X Wk.04W."o 4FIORM COMPLEX, F MIP S' 0 1 PR r,,S F RV F % MTF rd`rU,E N j "4E rd COUNTY XF' AbAUrr I W,';TXkJkRQWNry CANNED RKOPURF Y le le PROP05DO C�AAL Ip q rc ao. PRESERV� PRESERVE 0 "T SCAU IN I DMCE P'YIDSON Environmental Data for PUDR LEGEND PROPOSED PRESERVE PRESERVE CALCULATION spoR'rs COMPLEX EXTENSION PRESERVE REQUIRED 154 OF EXISTING NATIVE VEGETATION N1'.15' * 90,98 = $3155 ACRES PRESERVE PROVIDED 13,65 ACRES SPORTS COMPLEX EXTENSION EISE AEaV LCALCULATION COLLIER C OLIN TY 305 PRESERVE REQUIRED, 15%, OF EXISTING NATIVE VEGETATION 0 15 ' 129A5 z 19 42 ACRES PRESERVE PROVIDED. 19'.42 ACRES "COLLIER COUNTY 305" ABUTTING COLLIER COUNTY OWNED PROPERTY i PRESERVE AREA ACRES AREA 93 1942 TOTAL 1942 NOTE. PRESERVE AREAS ARE CONCEPTUALLY SHOWN AND WILL BE DETERMINED AT THE TIME OF SOP PERMITTING NOTE SEE DEVIATION #25 NOTE; PRESERVES MAY BE USED TO SATISFY THE REVISONS I PRESERVE AREA ACRES AFQEA 01 4 3T AREA #2 928 TOTAL 1 1365 EISE AEaV LCALCULATION COLLIER C OLIN TY 305 PRESERVE REQUIRED, 15%, OF EXISTING NATIVE VEGETATION 0 15 ' 129A5 z 19 42 ACRES PRESERVE PROVIDED. 19'.42 ACRES "COLLIER COUNTY 305" ABUTTING COLLIER COUNTY OWNED PROPERTY i PRESERVE AREA ACRES AREA 93 1942 TOTAL 1942 NOTE. PRESERVE AREAS ARE CONCEPTUALLY SHOWN AND WILL BE DETERMINED AT THE TIME OF SOP PERMITTING NOTE SEE DEVIATION #25 NOTE; PRESERVES MAY BE USED TO SATISFY THE REVISONS LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC REV PILR CC Rk COMMOT1 S - QXM2WO VEGETATION REMOVAL IN ACCORDANCE WITH LDC wi q� SECTIONS 4.06.02 AND 4.0665 E, 1. SUPPLEMENTAL CITY GATE COMMERCE PARK PLANTINGS WITH NATIVE PLANT MATERIALS SNALL BE SAPUD EXHIBI'T,A- t PAGE 3 OF 13 IN ACCORDANCE WITH IDC. SECTION 3.05 DT (SPORTS DIASTER DEVELOPMENT PLAIN COMPLEX EXTENSION ONLY) PRESERVE EXHIB�lr 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. Earth Tech Environmental, LLC www.eteflorida.com 12 Environmental Data for PUDR Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.13-1); 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 TOTAL CODE 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). Earth Tech Environmental, LLC 13 www.eteflorida.com 5. D COLLIERS COUNTl SPORT'S COMPILE, [on C�6y Cate Environmental Data for PUDR COLLIER COUNTY R'E$OURCE RECOVERY PARK k✓73v: kV*,iueltl�NrN rA�� nNB%':. ri I) ry I . � ��t IM1r•gnlo1{}. 400 200 4 400 reef � f Yu�,9m GY F9 nt WA'np 41A W nNF:! NaVee voge4avon Iso 9a A,, -0 FLUID .C'.S IMappllag. INpU $TU R.4L UNDER. 0DNS TWRGTi 0 N p419,E2. PINE FLA4T4WOOD 429-51,"14 ExM-) C341'o-E3. FINE. FL.3T1MC0DQ$a {9'0.75" E--) C34itl•E4. PINE: FLATNW'OOD'S g 75% E:s� -B C04 5-E3 MIXED FINE 19175%"Ew,t ) r --1415•E4. MIXED WINE 1:•15".4 Ekr;MSC =924-E3, CYPREESS�PINIE�CAEEMGE PALtlN 151,75% IEXOIJCay C18146, PRIIUITIVE/T'RAI1I S Figure 4. Existing Native Vegetation Created and retained preserve areas shall meet the minimum width requirementsper 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. Earth Tech Environmental, LLC 14 www.eteflorida.com Environmental Data for PUDR 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be k possible and shall be intercf the site and oadjoining preservation areas or wildlife corridors.D 0 4. I'. Preserve Selection- 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. Earth Tech Environmental, LLC 15 www.eteflorida.com Environmental Data for PUDR Earth Tech Environmental, LLC Figure S. Native Vegetation Preserve Locations and Selection Criteria a www.eteflorida.com Environmental Data formon 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 E|8 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 onthe property. See Appendix B, Protected Species Survey and Appendix C,Approved USFVVSBiological Opinion. 1i - 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 Dat? 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 bfully permitted through the SFVVMDand the USACE. Wetlands onthe 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 SFVVMD was completed earlier this year and the wetland limits have been approved. See Figure 6below. 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. Earth Tech Environmental, LLC Environmental Data for PUDR 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 -13626 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 e: 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: Earth Tech Environmental, LLC 18 www.eteflorida.com Environmental Data for PUDR 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 Earth Tech Environmental, LLC a www.eteflorida.com Environmental Data for PUDR 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). Earth Tech Environmental, LLC 20 www.eteflorida.com Environmental Data for PUDR 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 Earth Tech Environmental, LLC 21 www.eteflorida.com Environmental Data for PUDR 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.) Earth Tech Environmental, LLC 22 www.eteflorida.com Environmental Data for PUDR 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 Coastal High Hazard Area Non -Coastal High Hazard Area FLUCCS ACREAGE OUTSIDE ROW 159 8.33 Less than 5 acres. 10% Residential and Mixed Less than 2.5 acres. 10% Equal to or greater than 5 acres and less Use Development 411-E3 52.05 than 20 acres. 15% 52.05 Equal to or greater than 2.5 acres. 25% 2.64 1.89 415-E3 13.25 Equal to or greater than 20 acres. 25% Golf Course 35% 35% 13.91 Less than 5 acres. 10% Less than 5 acres. 10% Commercial and Industrial 8146 1.40 0.06 Development Equal to or greater than 5 acres. 15% Equal to or greater than 5 acres. 15% Industrial Development (Rural- 50%, not to exceed 25% of the project site. 50%, not to exceed 25% of the project Industrial District only) 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 TOTAL CODE 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). Earth Tech Environmental, LLC 23 www.eteflorida.com Environmental Data for PUDR 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. Earth Tech Environmental, LLC 24 www.eteflorida.com Earth Tech Environmental, LLC p p 0 Collier County PDDR Pre -App Notes 25 Environmental Data for PUDR www.eteflorida.com COLUER COUNTY GOVERNMENT www.co1Heg,qK,ne�t gie'rG014"ty M" NAPLES, FLORIDA 34104 9(O i Applicatic)rt Meeting 111111otes' Petifloinl`yp(n City Gate Com erre Park PUD (PUDR) Date ain(l Time: Wedne 7/17/2019 2: 3OPM Companion (DOA) Wednesday 7/1.7/201.9 PUD (DOA) Assigned Planner: Nancy Gundiach Engineering Manager (for PPL" s and FP's),: IPir,c,-iject Information Project Name: City Gate Conimerce Park PUD PL#: 20190001494 (PUDR) and Companion 20190001497 (DOA) PropertylD#: 00298560501- Current Zaniing: MPUD (New Parcel, Zoned Ag) MGM= City: Naples State: FL_Zip: Applicant: Jessica Harrelson,AICP Jessica Harrelson, AICP & Josh F'rut�, Agent Name: Da',,,ridson En2jLLtL.L��, Phone: 239-434-6060 Agent/Firm Address: 4365 Raciia Rd STE201 City. Naples State: FL Zip: 34 104 Property Own,er: QG II 1,LC,850 NWN LLC Citygate Deve102ment LLC,Collier County Please provide the following, if applicable: L Total Acreage: 128.05 (adding) ii. Proposed # of Residential Units. M. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name andl AR#/PL#: 26 COLLIER COLINTY GOVERNMENT Y p rr�a�sit�Vjt� out' �^' r mime IG'mAtM1l °'!N DD Doo zrvoum��" hiVD �v60mWimulf�VnmmawmMuoNwr�VrFJ�m�1V,1i�muri�i� Meeting Notes W 1 NAPLES, ar 40 ,N:. M; As of 10/1,6/2017 lIl Zoning applications have revised pk ons, and your assodiated Application its h u lut a !Ili yotir notes; additionaffy a *new PropertyOwnership Disclosure rrn is required Ired uur a ll applications. A copy of thisriew form is includedin Vour ..utl l Note link is 1yLV.E./I If Site is within the city of Maples Water Service Area please .send to Maples Utilities and planning Departments, Then, if the petition is submitted!, we .are to send it (by ema,ill) to the four persons below in their Utilities and planning Depts. - along with a request that they send us a letter or email of "no objection to the petition. Bob Middleton R iddletani%,�,.n_a_p!gLgaQv.con2 Allyson Holland &MHqJ1pnA@ sgovxom Morin Singer Rab arc r Lesagv, , ri a lwlar inanw a,r im na ?;i ncay.corn Disclaimer; idrttarrnaatann tarovidod by staff to applicant rta,ann the Fre -Application Meeting is based arra the bast available data at the these of tdara meeting and may not fully inform the atrptac,ant of (s.sues that could arise cluring the process. The . c9rrainistrative c>ocln and LDC cliatates the rra aiaations which all appliarations rrrraast satisfy, Any ci'sassiaiast,s provided of required data fror an s pplication may not hilly caartirrae what arw needed It is the applicants s responsibility to provide all required e1ata. 27 All ley Gounq .... ... . .... COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE OLIVE GROWTH MANAGEMENT DEPARTMENT I , FLORIDA, 34104 mww�,qQL1'gmqv_,,Mt (239) 252-2400 fvIlecting 1`4(,)tes Comprehensive Pianning - David Weeks No apparent FLUE consistency issues Please 7ddress FLUE poli,,jes53 and 7 ,1-7.4 to extent appli-cable. Please depic.,,t 1,,)roposed i rite rconnect .ions (firmly proposed and. potential, futur� on the PUD Master Plan, (�'onsider .Ldenti,fying/(�i.stirLgii.i.�3l,ii.ng in PTJD text and on Master Plan the vested and non -vested portions. "),p:rat ions- Jessica Velasco: 17 acres of required yard. Vested rights deltermination - Deviat:i,ons? Yes, there, will be a. deviation xequestw. 5-3 objecting 7 On road principal ERP - New Piece is also being added to F": T'. Lauri.eAdd Trip cap? -Yes Identif, the vested and noxi vested property Need TIS & Methodology report updated--, - No because it was, made to include this, Public Util.ities - As a developrr�ent commitment they current.Ly have a 6 inch pipe in place.They wd.11. look to upsize to an 8 Jinch pipe& for it to be on the property line. (Developer Commitment) Disclaimer, infOrn7ation provided by stato applicant during the Pre -Application Meeting is based on the best available. data at the time of the meeting and may not fUllyiNdrm the appficant Of iSSUeS that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy, Any checklists provided of required data for an application may not fully outline what is needed'. It is the applicants responsibility to provide a// required data. 28 01" ColhItIr Counky, iowonnugi umm. COLLIER COiUNTY GOVERNMENT 2800 NORTH HORSESHOE DRhJ GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 341014 wiww.colliergov,net (2391) 252-2400 IMeefirig Notes Environmental- Criag Brown: * Please provide environmental Data FL,UCFCS Maps. Provide protected species survey, include information on Bonnet bat, and R,CW. * Project is a 12 addition to the City Gate Project, * The same development Standards for preservation will apply (City Gate) *' 15% preservation " yard plan". Please provide details for all deviation requests, * Address CCME Policy 6.1.1 and objective '7.1 of the preserve areas "yard plan" See checklist attached down below Please provide credentials for the author of the enviornmental data. Please provide a master exhibit showing size and locations Other required documentation for submittal (not listed on application): Environmental PUIDZ- PUDA Checklist (non-RFMU)i Environmental Data Checklist Disclaimer, Intom7ation provkled by staff to applicant durbig the Pre -Application Meeting is based on the best w,ivaflable data at the time of the meeting and may not fullY inform the r-ipplicant of issues that couhl arise during thip process, The Administrative Code andI.DiC dictates the regulations which all applications must satisfy, Any checklists provided of required data for an application rimy not fully, m,dflne what is needed. It is the ap'Vicant's, rc,,ms ponsibifity to provide all required data. 29 Environmental PUDZ-PUDA Checklist (non-RFMU) Project Name CI&4+f- C PUC' (PUDZ) (D Is the project is in compliance with the ovcrlaysdistricts and/or zoning ors Ilse SLlbJCCt site and/or the SUrrosrinding properties? (CON, STPUL), RLSA, RF.Mtj, etc.) (LDC '1013.05-103.08, 4 08-00) Not ill C'V Library 0 Submit as current acrial photograph (available l"rom the Property Appraiser's ot1lice) and clearly delineate the sub ect site boundary lines, Willie site is vegetated, provide I`,`1XCFCS overlay and vegetation, inventory identifying Upland, wctiandand exotic vegetation (Admin. Code Ch. 3) G.I. Application C'ontents #24). FLAJCFC I S Overlay -P627 CClearly identify the location ol'all preserves and label cacti as "Preserve" oil all plans. (11)(11 3. 05.0711 � I � Prc�scr . vc Labei- P546 \JAQ) RRMS ) CProvide calculations oil site plan showing the appropriate acreage ofnalive vegetation to be retained, flic rnaN, aniount and ratios permitted to be created cin -site or inifigated off.sitc. F"xclude vegetation, located within utility and drainage casements Crorn the preserve calCUlatiMIS (L.DC 3.05,07.B -D: 3.05.07.1,`, 3.05,07JL 11,d -c). Preserve Calculatioss - P547 5 Created and retained preserve areas shall meet the mininiurri %vidth requirements per LDC 3.05,017.111,b, Preserve Width -P603 6 Retained preservalion areas shall be selected based on the criteria defined in LDC 3,05.07,A3. include all 3 straLa, be in the largest contiguous area possible and shall be interconnected within the site and to ad' )i i .1011111lg call -site preservation areas or wildlife corridors. (LDC ').05.07,A. 1-4) Preserve Selection- 11550 Principle structures shall be located, a inininium of -25' froni the boundary ofthe preserve boundary, Noaccessory StRiCtures and other site alterations, fill placenlent, grading, plant alteration or removal, (,)r siniflar activity shall be pernlitted within 10' of the boundar y unless it can be shown that it Nvill not affect the integrity ofthe Preserve (i.e. stens wall or berni around Nvetland preserve). Provide cross-sections for each preserve houndary Identitving all site alterations within 25'. (1,DC' 3.05,07JI.3-, (r,01.O2.C.) [)reserve Setbac� --New Wildlitle survey required fear sites where an IIS is not required, when so warranted. (IDC I 002,01A1t) Listed Species - P522 Provide F"nvironinerstal Dala identi(yinu author credentials. consistency detennination with the (M's, ofl''-site preserves, seasonal and historic high water levels, and analysis ol'%vatcr quality. For land previously used lor tante fields or golfcourse, provide soil sampling,)groundwater illonitoring reports identifying ariv site containinalion. (LDC 3.08,00) Environmental Data Required - P 522 ClCf l')UD Docunient and Master Plan shall state the mininiurn acreage required tea be preserved, (LDC l 0.01 13,A.2) ) Master Plan Contents -P626 If the PUD includes a Preserve Tract sectl0il Principal Use: Preserve Accessory tJses. Uses subJect lo section 411mvahle uses i,vithin Conmy, requireelpreserve.s ,411ernalejin-)Pial. If1he agew insisis on lislh�r� V)ecfic uses IffulerAccessm"Y (Jses, Illefi)l1mving leviguage sholl be usedfin- B: C1 i) Passive uses are allowed within preserves to provide for access to the preserve, as long as any clearing required to Cacifitate these uses does not IMP'.ICt the 111illinlUin required native vegetation or cause loss offunction to the preserve. Passive uses are subject to lj,)(", section Allmvcible uses within C(Duni), requiredpreseriTS: 1. Pathways 1 Stort water only vdien in accordance with the LDC, 30 PUD Con,in'lin'rents and Site Plan notes Where preserves occur adJacent to development orl'site and Nvill be used in lieu of landscape butfers, include the following condition in the environmental counnitnients section ol'the PL.JD document or niaster plan'. Preserves niay be used to satisfy the landscape bulTer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.1". 1. Supplemental plantings with native plant materials shall be in accordance with LDC' section 3,05.07. 02� PUD Document shall identify any listed species found on site and/or describe any UniClUC vegetative f'eatures that will be preserved on the site. (IDC 10.011 3.A.2.) Unique features- 11628 ["xarnplc- A managenient plan for the entire project shall be submitted in accordance with the requirements and procedures ofthe LDC for listed species including but not hinited to Black Bear, GopherTomoisc and listed birds. The n,ianagenient plan shall be Slibinitted prior to developincrit ofthe first phase ofthe pro.ject. 13, Review cross-sections if provided.- they are not required with the PLA). I lowever, sometimes they are provided. Is there any fill proposed in the preserve? Additional Comaients: 1 0 Otlj Pu -0 13ACV—J'C*voJ3 C-ktW j 4 jE tA Ale IE 110 AL Ckecy- L,5 -V) 31 Environmental Data Checklist Pro COMJYIIEZCu '4 Q Levi) Z PU 0 ject Name—h ti - I The Environmental Data requirerrients can be (bund in LDC Section 3,08,00 61) Provide the EIS fee if- PUD or CU WHO AND WHATCOMPANY PREPARED °l LIM] RON MENTAL DA r IFA RETORT? Preparation of Environmental Data, Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area ol"cnvironalental sciences or naturals resource nianagerrient. Academic credentials and experience shall be a bachelor's or higher degree in one ofthe biological scienceswith at least two years ofecological or biological professional experience iri the State of Florida. Please include revision dates on resubmittals. Identify oil a CUrrern aerial. the location and acreage of. all SFWMD jurisdictional %ettands according to the Florida Land Use Cover and Forms Classification Systern (FIAJ('J-CS) and include this inforniation oil the SDP or final plat construction plans, Wellands, must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3A)5,07 1: and identify oil the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.6,5 WRAP or 0.7 UMAM) and their location within the proposed developnient plan, Sites with high quality wetlands must have their functionality scores verified by, (fie SI`WMD or DEP prior to, first development order approvaL Where i "Llsictionality Scores have not been verified by either the SFWMD, or DEP, scores must be reviewed and accepted by County stall', consistent with State NgUlatiOn. 4. SDP or Final plat construction plans with itripacts to live (51) or more acres of'wedands shall provide an analysis of' potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and, storrilwater nianagenICTIt controls) compared with water quality loadings of (lie project area as it exists in its pre-devOopment conditions. The analysis shall be perfornied using methodologies approved by Federal and State water quality agencies, and must dernonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. Where treated storillwater is allowed to be directed into preserves, show ]low the criteria in 3.05.0f7 H have been inet. 6. Where native vegetation is retained on: site, provide a topographic niap to a half" loot and,, where possible, provide elevations within each ofthe FLUCKS Codes identified oil site, For SDI) or final plat construction plans, include this inforniation on the site plans. Provi(&,� u,hen tre(wedstorninwier is being c1irecle4linlo Preserves (95 ahove), 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 reconiniendations ofthe Florida Fish and Wildlife Conservation (-,orurn ission (H -WCC) and the U.S. Fish and Wildlifie Service (USMS). Survey tirnes nlay be reduced or waived where an initial habitat assessment by the environmental conSUltant indicates that the likelihood ot'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 lowthe survey, tinic inay be reduced or waived by the County Manager or designee, when time proJect is not reviewed or technical assistance not provided by the FFWCC and USF'WS. Additional survey tirne may be required if' listed species are discovered 3 8 provide a survey fi,)r listed plants identified in 3M4,03 Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing time site or where wildlife habitat nianagenient and monitoring plans are required by the I'-'FWCC or USFWS. These plans shall describe how the pro.ject directs incompatible land uses away firom listed 32 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 FLUCITS overlay for the site. Wildlite habitat nianagernelit plans shall be included oil the SDP or final plat construction plans. Bald, eagle management plans are require(] for sites containing bald eagle retests or nest protection zones, copies of which shall be included oil the SDP 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 SDI". M I"orsites or i,s of sites c leared of native v _pLmit,�t_ y qjj on,, provide documentation that -_ i�& — - rlk the parcels) were 'issued a permit to be cleared and are in compliance with time 25 year rezone limitation Pursuant to section A02.06, For sites Permitted to be cleared prior to July 2003, provide docintlen tat ion that the parcel(s) are in compliance with the 1(l year rezone limitation previously identified in tile GMP. Criteria defining native vegetation and determining the legality. process and criteria for clearing are found in 3 .05 .05, 3.05 ,07 and l 0.0106. G Identil' y oil a current aerial the acreage, location and connnunity types of all upland and wetland habitats on the proJect site, according to the Florida I and Use Cover arid Forms Classification Systern (FLUCFCS), and provide a legend for each of the FLUCTCS Codes identified, Aerials arid overlay information must be legible at the scale provided. as Provide descriptions of each FLUCIFCS, code provide calculations for the acreage, of native vegetation required to be retained on-site, a � Demonstrate on neap. IProvideacorripanion chart. R', Include tile above referenced calculations and aerials oil the SDI) or final plat constructioll plans. 12. Include on a separate site plan, the prqject boundary arid the land use designations arid overlays for the RLSA, RFMU, ST arid CSC -ST districts. Include this information on the SDP or final plat construction plans, 13. Where off-site preservation ofnative vegetation is proposed in licit of on-site, dernonstrate that the criteria in section 3,05.07 have been tnet and provide a note oil the SDP or final plat C011SIRICtiOn plans indicating the type of donation (monetary payment or land donation) identified to satisfy time requirement, Include on, tile SDP or final plat construction Plans, a location niap(s) and property identification number(s) of the off-site parcei(s) if off-site donation of land is to occur. 14. provide time results of any I 'rivironniental Assessments and/or Aiudits of the property, along vvith a narrative of the measures needed to rernedwe if required by FDEP 15. Soil and/or ground water sampling shall be required at the tinie offirst development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), g0li'COLWSCS, landfill or Junkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per itionth or I 10 gallons at any, point in time. were generated or stored. T'he amount of sarnpling and testing shall be detertnined by a registered professional with experience in the field offrivironmental Site Assessment arid shall at a rilininium test for organochlorine pesticides (U.S. Environmental Protection Agency (ITA) 8081) arid Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department cit Environniental Protection (FDFT) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management systern. Sampling should occur randomly it'no points of contarnination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially coil taill i riated site. Soil sampling should occuriust below the root :one, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional witil experience in the field off,"nvirorn-nernal Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contarnination found on site and indicate in time Assessment, when the colitarninants are over these levels. If this analysis has been done as pail of an Environmental Audit then the report shall be 33 submitted, The ( ' 'ounty shall coordinate with the FDEP where contamination exceeding applicable FDFIP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted, 16, Shoreline development must provide an analysis demonstrating that the project will remain fully, functional for its, intended use after a six-inch rise in sea level. Gl Providejustification lor deviations froin environmental LDC provisions pursuant, to GMII COME; Policy 6.1.1. ( 13), ifrequested, 18. Where applicable, provide evidence of tile issuance ol'all applicable federal and/or state oil and gas permits For proposed oil and gas activities in Colfier County, Include all state pernius that comply with the requirements of' Chapter 62C-25 through 62C-30, FA.C, as those rules, existed on Jantiary 13, 2005. 19identify any Wellficid Risk Management Special Treatment Overlay Zones (WRM-S"l') within the project area. and provide art analysis for how the project design avoids tile most intensive land uses within tile most sensitive WRM-S'I's and will comply with tile WRM-ST pursuant to 3.06,00, Indicate that the petition is in compliance with 3.06.00 and does not propose any prohibited uses per LDC 106.001. Include the location of the Welffield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans, For land use applications such as standard and PIJD rezones and CUs, provide a separate site Plan or zoning inap with tile project boundary and Wellficid Risk Management Special'Treatment Overlay Zones identified. 20, Demonstrate that the design of the proposed stormwater nianageinent system and analysis ofwater quality and quantity impacts fully intol-porate tile requirements ofthe Watershed Management regulations cal" ,07,00. 2 1 , For sites located in the Big Cypress Area of'Critical State Concern -Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standards and regulations in 4.02, 1 4 22, For multi -slip docking facilities with ten slips or more, and for ail nlarina facilities, show flow tile Ps-Oicet is consistent with 5,05,02. Refer to the Manatee Protection ['fail for site specific requirements of tile Manatee Protection Plan not included in 5.05,01 23. l'or development orders within Rl° MLJ sending, lands, show [low the project is consistent with each ofthe applicable Obiccbves, and Policies ofthe Conservation and Coastal Management Element ofthe Gmp. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements, (LDC I 0 02.01A 3 Cl The following to be determined at preapplication meeting: (Choose those that apply) Provide overall description of project with respect to environmental and water management issues. * M � I lie Explain h project is consistent with each ofthe applicable objectives an(] policies in the CC 1 0 't GMP- how 6 A-4 I Explain how the project meets or exceeds the native vegetation preservation requirement in tile COME' and LDC. of Indicate wetlands to be impacted and tile effects ofthe impact to their functions and how tile project's design compensates for wetland impacts, Indicate how tile pro' sect design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species, PLA) zoning and CU petitions. For PUD rezones and C[J petitions, applicants shall collate and package applicable Environmental Data Submittal Requirernents into a single Environniental impact Statement (1 -"IS) 34 docunient, prior to public hearings and after all applicablestaff'reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. i Is l: C:" review(b,y CCPC) required? TSD g277 1 PUD master plan or PPL/SDP site plan notes (note requirements sub�jcct to change during revim process) e B or C Landscape of (provide as Buffer conimitiRent 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 111'alerials shall be in accordance with LDC section 3.05.07. In order to provide the required (tn.sertj_yLi�31-Qr buffer, a minirriLlin 6 -1'()()t -wide landscape buffer casement located outside of" the preserve will be conveyed by owner to to homeowner's association or condominium association at time of' SDP or plat approval. Owner will plant additional landscape material in the buff' r easement to achieve the opacity requirement no later than One year From the issuance of the first residential certificate ofoccupancy. 35 aryl ler County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colfie et (239) 252-2400 IMeeting �14otes -1 Operat.ions continued: * Permits ( 2014 app & SDP) * Make sure to show interconnections 7.3 provide expl.ination. Why no connection to the south Response: yes will show. If no commitment on interconnecLion, state potential Zoned rual inducstial Pud Monitoring - Laurie Beard : * Add ti -ie. two "Misc" Commitments to the ordinance on the attchced '.Transportation planning and PUD Monitoring Pre-ApJD Notes. TransportaLion planning - L,aurie Beard: *Update the Trip Cap language to include the new acreage. New TIS (updated) using both the IT and SIC codes. Metho(Jology meeting is required. Please contact Mike Sawyer for additional information at 239-252-2926. ( Per Josh- the trip cap will be for "phase 4" only, ( Seperate from current trip cap) If I understand correctly. Stormwater- Richard Orth - N/A, stormwater master plan has not changed. Other required docurnentation for submittal (not listed on application): *TranSIDortantion Planning and PUD Moni.toring Pre -App 'Notes Disclaie'nerInformati0t7 provided by slaff to at',)pficant during the F're-Atit IA',,ation Meeting is based on the best ava0able data at Upe time of the meefing and may not fullY d' art the applicant of issues that could arise during the j:wocess. The Adtriinistrative Cole and LDG' dictates the reguk�&ons which ail applications nnisl satisfy, Any checklists provided of required data for an application miry not fully outline what is needed. It is the applicant's, responsibility to provide all requin,"d data, 6 Transportation Planning and PUD Monitoring P,re-App Notes Developer Commitments: Transportation Planning '*'['lie maximum total daily trip generation t()r the PUD shall not exceed __ two-way PM peak hour net trips based oil the use codes ill the 111Manual oil trip generation rates in effect at tile time ofapplication for SDP/SDf11A or subdivision plat approval." Use Codes *I Provide both ITE and SW use codes in the TIS PUD Monitoring "One entity (hereinafter the Managing F'ritity) shall be responsible for PUD monitoring until close- out ol'the PUD, and this entity shall also be responsible for satisfying all PUL) cornmitments until close-out of (fie ITD, At the tirne of this CPUD approval, tile Managing Entity is tile Insert 0111pany Name Here. Should the Managing 1'ritily desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy ofa legally binding document that needs to be approved"Rir legal sufficiency by the County Attorney. after such approval. the Managing Fritity w ffke released ofits obligations upon written approval ofthe transfer by ('011ray staff, and the sI ,Wessor entity shall become tile Managing 1'raity. As Owner and Developer sell off tracts.A Managing F"nfity shall provide written notice to County that includes all acknowl,adgement of the commitments required by the (TUD by tile new owner and the new own s agreement to comply with the Commitments through the Managing Entity, but the MA'aging L'Intity shall not be relieved of its responsibility under this Section, When the PUD is closed -out, then the Managing ["ritity is no longer responsible for the monitoring and fulfillment ofPUD corilmitnients." Miscellaneous "Pursuant to Scction 125,022(5) F.S,, issuance of development permit by as county does not in Camay , way create any rights on the part of the applicant to obtain a permit from as state or federal agency and does not create any liability oil tile part ofthe county far issuance ofthe permit It'the applicant fails to obtain requisite approvals or fulfill the obligations imposed by as state or federal agency or undertakes actions that result in a violation ot'state or federal law. All other applicable state or federal permits Must be obtained before commencement of tile development," 37 ercounty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRI GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www,colliemol�.net 9i) -00 (23 252 24 1 IMeetirig Notes Public Utilities- Eric F'ey : * Use Table 1,E- , F". .0 for estimating average daily wastewater flow (Transient R.V Park, Ball Park, Public Picnic Park) Use peaking factor of for max a day. Adjust wastewater flowsly factor of to calculate water demand estimates, Include caretaker residence. * Consider adding corrimitment to provide water main stub -out as SW corner of phase 4 parcel to eventual-ly connect loop to stub -out at shear water street cul-de-sac. Now-- . ..... .... . .. .. Disriahner., Infornuition provided tay slail"Irr applicant during the Prc,,,.-App1h­aU0P7 Meeting is based on the best available (Yata at the th"ne Of the mee�ting and inay not Nllwy inforr17 Me applicant of isswes that could arise during the process,7"heACY177inis-taitae Code and LDC dictates the regulations which all applicatiems rnust satisfy, Any Tea Trusts provided ofrequired data for ai i applicatie..)n n7ay not fully ouffine what is needsxl, It is the applicant's responsibility, to provide all requimd data. 38 61) Page d,,Vof 7 County COLLIER COUNTY'GOVERNMENT NAPLES, FLORIDA 34104 (239) 252-2400 Pre-Applicafiwi Nielefinq Sign -h '�"heet Name Review Discipline Phone . ...... Emad David Anthony Environmental Review 252-2497 clavid,anthony@colliercouni GIVID Operations and Claudine Auclair ___�egu Lator� Management 252-5887 claudine,audair@colhercoui Sall Aslhikar Assistant County Attorney 252-8842 sa,ily.ashkar@colhercounty,fi Steve Baluch Transportation Planning 252-2361 stephen.baluch@colhercour Ray Bellows Manager 252-2463 raymond.bellows@c0jercoi Laurie Beard PUD Monitoring 252-5782 lauriebeard@colliercountyf te., Craig Brown Environmental Specialist 252-2548 cra ig. brown @coEl iercountyf 11 Alexandra Casan.ova-, __2pera ians Coordinator 252-2658 Alexandira.casanova@collier Managing Asst, County Heidi Ashton Cicko Attorney 252-8773, heidi.ashton@colliercountyf Thomas Clarke Operations Coordinator 252-2584 thomas.clarke@colliercount, Jamie Cook 7t' Prin, EnvironTiental Speciahst 252-6290 Jai me.cook@col hercountyf 1.1 Eric e ' P Uti�lit Planning 252-103,7 eric.fey@colliercountyfl.gov Tim Finn, AICP 0 ing Division 252-4312 timothy.finn@cofliercountyf Sue Faulkner P�ehensl��e Planning___ 252 .5715 W.sue,faulkner@colliercouintyf Paula Fleishman Impact Fee Administration 252-2924 pauila.fleishman@coIliercour Growth Management Deputy James French Department Head 252-5717 ames.french@co1fiercountyi Structural/Residential Plan J Michael Gibbons Review 252-2426 ichael.gibbons@colliercow Storm Gewirtz, P.E. Engineering Stormwa:ter 252-2434 storm geWrtz@colh ercount). Nh.ancy Gundlach, AICP, PLA Zoning Division 5.m2-2484 nancy.gundIach@coiIliercoun HLMsOn Greater aples Fire District _._2 774-2800 shingson@gnfire.org John Houldsworth _�ineeriijg Subdivision 2S2-5757 johnhouldsworthcolliercoi Alicia Humphries 0 t-��a ermitting y 252-2326 aliciahurnphries@colfiercow Erin Josephiti�sEnvironmental Specialist, Senior 252-2915 r njc�e _qhitis@colliercounty Miarcia Kendall w Comprehensive Planning 252-2387 m arciai.kendall@,colliercount, j!jhn K�11.yZoinung Senior Planner 252-5,719 --- . . ...... john.kel'iy@colliercountyfl.gc Analyst 252-8243 diane-Iynch@co1fiercountyfl,j Gil MartinezZoning Princupal Planner m 252-4211 gilbert.martinez@colliercoun Thomas MastrobertO Greater Naples Fire —F2 252-7348 thomas,mastroberto@co1her Jack McKenna, P.E, Engineering Serv,i!ces, 2."�9'1177ack.mckpnnaOcofliprcnLjntvi Updated 6/12/2019 Page 1 6 of 7 39 rrr' ; GO er VIPW �iM1uW p Iw COLLIER COUNTY GOVER�NM:IENT "4=4 ,; w Wmv + r. Brett Rosenblum, P.P. James 'Saba AICP Michael Sawyer _ Corby Schmidt, AICP Chris Scott, AICP Linda Simmons Peter Shainsky, Camden Smith mm... Mark Strain +lark Templeton Jessica Velasco J�on Walsh, P.E. David Weeks, AICP Kirsten Wilkie m. ITChrrstrne WiNloughby Daniel Zunzunepui Development Review Director Capital Project Planning, Addressing Stormwater Planning Transit y mpact fees North Collier Fire N9evelopment review Principal Prcalect yanager Zoning Principal Planner Transportation Planning Comprehensive Planning Development Review -Zoning North Collier fire Architectural Review Zoning Operations Manager Hearing Rxaminer/CCPC Landscape Review _ :'PHing Orvosucrn Operations ._w... ......w.......__ Building Review Comprehensive Planning Future Land Use Consistency Environmental Review Manage Development. Review - Zoning North Collier Fire NAPLES, FLORIDA 34104 ,2391) 252-2400i 2.52®82.79 matthew.mcleanacolliercou 252-2466 r ichele.mosca@collr'ercount 252-5519 anniis,moxam@coIINercounit yi , r°tth lliercounty 1. co 2525092 rNcha....rd_ ...._... ��.m_. 252-5859 brandy.otero@colfiercountyf 252-6237 brandi,pollard@colliercounty 597-9227 j triggaVriorthcollierfire.com 252-29015 brett.rosenblum@collierc° 252-2708 fames sabo @ col Iiergo,net 252-2926 michael,sa w,yer@coIIierco X52 944 corby,schmidtC colPiercou 252-2460 chris.scottiff1colliercountyf 252-2311 Linda.Simmons@coil ierco+ 252-852.9 peter.shawinsky@colliercc 2.52-1.042 camden.smith@colhercou 252-4446 mark.strain@collliercounty 252-2475 mark-templeton@coIHeercc Jessica vellasco@colhercou X52 258'4 ....... ... _ 252-2962 jonathan.walsih@calliercoi 1 .. 25 �� w,a II B Additional Attendee Contact Information: Representing Phone Name > oa G � fa �. ,< ,,, ,�. > � 6 r 'U.,✓ .,i ���, irk, � �% r � ,,�( ,u, J' Y � i V SII Updated 6/12/2019 Page 1I 7 of 40 AppUcow,/Ayent may also�""ernj ,rte plans or conc?p�Wal plans for ievWW in rade ayue rf desired, PL20190001497 — City We Commerce Park (PUDR11 PRE -APP INFO Assigned Ops Staff: Thomas Clarke Camden Smith,(Ops Staff) Name and Niumber of who submitted pre -app request! Jessica Harrelson, AIC�P 239 ,434.6060 0 Agent to list for PL# Davidson Engineering, Inc . — Jessica Harrelson, AICD and Josh Fruth 0 Owner of property (all owners for all parcels - CG 11 LLC 850 NWN LLC Citygate Development LLC Collier County 0 Confirm Purpose of Pre -App: (Rezone, etc.) PURR Please list the density request of the project if applicable and number of homes/units/offices/do,cks (aniy th appl�y)* i 2.1. MAXIMUM DEVELOPMENT INTENSITY A. Development intensity permitted within City Gate Commerce Park shall be finnitedi to the amount of building development set forth in Table 12,13.3., as Exhibit A-2, reproduced from the City Gate Commerce Park A,DA, and attached at the rear of this document. The proposed development 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 (see Table (.233). The amount of building development devoted to the various land uses which will occupy the project may vary from the estimates incorporated in 2QU19 Wskv - 2WO NoM Horseshoo Dwc, - Na�*s, RrAla 34104 - 2,N-252-2400 - wwoOkogov not 41 the A.D.A., but the aggregate amount of building development indicated by A.D.A. Table 12.13.3, may not be exceeded. The MPU's total trips shall not exceed 5,999 net external two-way PM peak hour trips, as calculated in the approved AD.A. ("Approved Trips"), In any development scenario, the MPUD's total trips shall Details aibouit Project - PURR, requesting the addition of the adjacent 128.05 -acre County owned parcel into the City Gate Commerce Park PUID. The adjacent County owned parcel is to be constructed as Phase (Four of the Sports Complex (Essential Service). "I ii -1 . 1. WINNUMMU Name: Jessica Harrelson, a Title. Senior Planner Email: jeissica@idavido.. as Phone: 239.434.6060 I 1 1 97MOT dAgny-coqd..a@��-gllie,i,rcounty I Phone: 239 8 -252 -666 . 1- Created April 5, 2017 Location: K.\CIDES planning 5ervkes\Current\Zon1ng Staff Information Zonrig Division- 2800 Ncyih Horseslvc Drivv- Raloks, Fk)ndG�34104-22'n 24f,)O-wwwrokhi,,,tgov,ixt 42 COLUER-COUNTY GOVERNMENT 6&W41iWW4ft W1V'4kW*1**CAftW01 WWOO WWW emnq County 2800 NORTH! HiORSESHOE DRIVE NAPLES, FLO'RIDA 34104 &A,,rJZ p(4 1) 121,9, 25 -2400 FAX-. (239) 252-6358 F i in� a s ak)mittal Requirement Cheiclihst for - PUD Rezoine­ Ch, 3 G. 1 of` he Adryflnistrative Code J Aniendment to P1,0- Ch, 3 (12 of the Admu istrafive Clode [__J _1 PUE) to PUD Rezone- Ch, 3 taw.Iof theAdmir0stirative Code The following Submittal Requirement checklist is to be uti'l'ized during the Pre -Application If and at time of application submittal. At final submittal!, the checklist is to be completed and submittedwith an up-to-date application, Please provide the submittal items In the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is avaiilable online at b=1Lw_mL&_ol �icrco_Antfl, o�vL!� riLcShow o i D c. u121g.Qd f�L8 3_ _ ._ RE Q1, J I R E IM E NTS ft IF REWRED N 16"r CURiES REQ11LURED Cover Letter with Narrative Statement including a detailed description of .. ......... .... ... . ... ..... El why amendment is necessary Completed Application with required attachments (download latest version) Z Pre -application meeting notes Affidavit of muthorization, signed and notarized YZ ELO =2.r.ly-0 _Wn (I Notarized and completed Covenant of Unified Control Z 9!qL,a LU( to d A (jo L �Lsrlist' qJngj� Warranty Deeds) Ell List Identifying Owner and all parties of corporation 1 Signed) and sealed Boundary Survey I Architectural Rendering of proposed structures 1 Current Aerial Photographs (available from Property A—ppraiser)with project boundary and, if vegetated, FLUCFCS Codes with legend included 1 El on aerial. . ......... Statement of Utility Provisions I Environmental Data Requirements pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with 7 project planner at time of public hearings. Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. Traffic Impact Study 1 Historical Survey 1 El School Impact Analysis Application, if applicable Electronic copy of all requiired documents Completed Exhibits A -F (see below for additional' information)'' List of requested deviations from the LDC with, justification for each (this El document is separate from Exhibit E) Checklist continues, on next page February 1, 2019 43 Page 9 of 11 61 41", er counky COLLIER COUNTY GOVERNMENT r1it"k !ALvt_ ftrS.ov..net INAPLES, FLORIDA 34104 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy r ginal D document/ordinan,ce, and Master Plain 24" x 3 6" — Oiniy if melPU lniding the PUD Revised PUD document with changes crossed thru & underkned "The following exhibits are to be complleted on, a separate document and attached to the application packet: I Exhibit A.- List of Permitted Uses Exhibit B- Development Standards, Exhibit C. Master Plan- See Chapter 3 E. 1. of .,w, Code 1 Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations ainid justification for each J Exhibit F- List of Development Commitments if located in RFMU (Rural Frinpe Mixed Use Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i,c,, the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." H ASSOCIATED FEES IFOR APPIJCATION I�Vr re-Application M�eeting: $500.00 /PIJID Rezone: $10,000.00* plus $25.010 an acre or fraction of an acre PUD to PUD Rezone: $8,0100,00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000,00* plus $25.00 an acre or fraction of an acre Yell Comprehensive Planniing Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre-appllication meeting): $2,500.00 ,Iisted or Protected Species Review (when an EIS is not required: $1,000.00 Transportation Review Fees: / Methoidollogy Review: $500.00 *Additional fees to be determined at Methodology Meeting. * Minor Study Review: $750.00 * Major Study Review $1,500.00 February 1, 2019 44 Page 10, of 11 I;r County %%)aIw'g . ...... . . 1 COLU ER COUNTY GOVERN MENT 2800 NORTH HORSESHOE DMVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 yy)qA-!;-QJN_es .ngt (239) 252-2400 FAX: (23 ) 252-6358 Legal AV ising Fees. 0 C, C: $1,125.00 qAcc: Soo N1 School Concurrency Fee, if applicabl�e- o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Cod-y.Wnr*.-=uyA thosefees are setforth by the Authority having jurisdiction, The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collectedprior to he.ring, All checks payable to., Board of County Commissioners, 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 suibmittal information may result in the delay of processing this petition. *Additionolfeefor the 5" and subsequent re -submittal will be accessed at 20% of the originolfel Signature of Petitioner or Agent Date Printed narned of signing party F'ebruary 1, 2019 45 Page 11 of 11 Environmental Data for PUDR D D 9 9 Protected Species Survey for Sports Park Expansion Earth Tech Environmental, LLC 49 www.eteflorida.com 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: Collier County Engineering & Natural Resources Department 2800 North Horseshoe Drive Naples, FL 34134 Prepared By: 41 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 FiMmnmerl,LLC www.eteflorida.com May 9, 2019 50 Protected Species Survey 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 Earth Tech Environmental, LLC 51 www.eteflorida.com Protected Species Survey 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 1-75 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. Earth Tech Environmental, LLC ;SEE JACKSONVILLE • r ' I � � DO e10-A�d � yr,. r` .,C�EARWAT R l �„,�. �1A�TPE ERSBURG` 1 $ v u t t 4 CAPE. CORAL • COLLIER'•, COUNTY Figure 1. Site Location Map 52 www.eteflorida.com Protected Species Survey 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 Earth Tech Environmental, LLC 53 www.eteflorida.com 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 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 Earth Tech Environmental, LLC 53 www.eteflorida.com Protected Species Survey 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 1-75/Undeveloped/Vacant West Commercial Under Construction Earth Tech Environmental, LLC Figure 2. Aerial Map 54 www.eteflorida.com Protected Species Survey 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 Earth Tech Environmental, LLC 55 www.eteflorida.com Protected Species Survey Earth Tech Environmental, LLC Figure 3. FLUCCS Map with Aerial 56 www.eteflorida.com COLLIER COUNTY SPORTS COMPLEX (on City Gate) COLLIER COUNTY RESOURCE RECOVERY PARK 159 415-E3 624-E3 Note: Subject Property h—d.,, oWt ned h 11 FJavlbvon FnPlno®ring- 509 250 0 500 Feet 411-E2 415-E4 11-E3 624-E3 146 411 -E2,411 -E2 — 411-E2 — Figure 4. FLUCCS Map Protected Species Survey Subject Property FLUCCS Mapping 159. NDUSTURAL UNDER CONSTRUCTION 411-E2. PINE FLATWOODS (26-50% Exotics) i 411-E3. PINE FLATWO©DS (51-75%E1atics) 7-,411-E4, PINE FLATWOODS (17596 7-1.) 415-E3, MIXED PINE (51-75%Exotes) 415-E4, MIXED PINE (175% Exotics) :624-E3, CYPRESS -PINE -CABBAGE PALM (51-75%Exot-) 8146 PRIMITIVEYTRAILS 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 Earth Tech Environmental, LLC 57 www.eteflorida.com Protected Species Survey 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 05% 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 05% 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. Earth Tech Environmental, LLC 58 www.eteflorida.com Protected Species Survey 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(SIA) = 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. Earth Tech Environmental, LLC 59 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(SIA) = 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. Earth Tech Environmental, LLC 59 www.eteflorida.com Protected Species Survey Earth Tech Environmental, LLC Figure 5. Transect Map & Field Results a www.eteflorida.com Protected Species Survey 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 Dasypusnovemcinctus OH N Wild Hog Sus scrofa OT N White -Tailed Deer Odocoileus virginianus OT N REPTILES Water Moccasin Agkistrodon piscivorus DV N Black Racer Coluberconstrictor 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: C = Cavity DB = Day Bed DV = Direct Visual HV = Heard Vocalizations) MT = Marked Tree Observations: N = Nest OH = Observed Hole/Burrow OT = Observed Tracks R = Remains S = Scat Status: CE = Commercially Exploited FE = Federally Endangered FT = Federally Threatened SSC = Species of Special Concern 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. I ictArl Plantc 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: Earth Tech Environmental, LLC a www.eteflorida.com Protected Species Survey 1� f / ,� r r � r � ✓ '� �` Vd YvP I�Pr di(�V i ........... � ✓ d � � i IMMOKALE l ` r i ✓ I I E.� � �� 7E� i"� � t �t .... .... ✓, _, o hi� ira E�� &EAOH VANDERBl LT al r r � E �� ✓'GOLDEN GATE BLVD . ✓ w ?„ z Y z t ,r� ,� ✓ a� ✓ i ' r� i d PINE ✓ ✓ fr /s° r T�r �� r "� ��, � � i,, I 1J � ��� n r it �' w °, ✓ r ✓ � „ ✓ , � � r ' �� r rz IpO� r 1 P O _DEN GATE PKWY GOLDEN ✓✓Ji/ ✓ '' �� �� ✓ 'f �✓ r �'' i fr 7 ✓ V RADIO RD r ! t� �i ..../ fir IY'. .. F !II DA'VISBLVD r Off, � � jt✓ r `, ° r r " ° l I� F''r� `� r p ¢ ay ll SUBJECT PROPERTY �r y J �r5 G ✓ r ✓✓ / f � r r / 1u' j p ! r, r r �Sutrtect Property m h ,! �N fid ✓ ( f I' 18onneted Bet F—I Area U9F1N8 Bonneted Bat Consultation Area 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. Earth Tech Environmental, LLC 62 www.eteflorida.com Protected Species Survey /�/'M►1� n_ SUBJECT PROPERTY y f Ij v� Ri� Y biLwerLRo In i _. a x i.. VANDERBILT BEACH NQ�BNV IINIIIIN111 w -GQLDEN GATE r mn `. p a I rL PINE RIDGE RD 77 -° _... ........, m�-41 d E 'tib C7 GP .. I T i�r 60L6'PN wf7,m „bLQEN AGATE PKWXY,, AVI �.. t � Sw RADI DAVIS BLVD L oulP {t 44 Jam" Subled Property '�"Y '�•"" t1S '� s X Wood stork Calx— (DBFWS 2017) d _ 1 18-fi Mile Core Foraging Areas � W r �� ��"� py 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. Earth Tech Environmental, LLC 63 www.eteflorida.com —Am:.s � pl' h .. ... . ......... .. ........ . % .... ............ . . . ... . ... . ...... I .... ............. . . . . . .... .. . ... . . .. .... I, SUB TT f'V 10 0 of 0 go 0. 00 1 W 0 a of o" SP4 %b 0 0 0 �'-* 0; to Figure 8. Florida Panther Information Protected Species Survey The Subject Property falls within the USFish 8'Wildlife Service (USFVVS) 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 USFVVSduring consultation. Earth Tech Environmental, LLC 64 www.etencmua.cmn Protected Species Survey 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. Earth Tech Environmental, LLC 65 www.eteflorida.com Protected Species Survey 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/suppI file/062015-ifwm- 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/fluccmanua11999.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 Earth Tech Environmental, LLC I www.eteflorida.com Environmental Data for PUDR 1 D D , USFWS Biological Opinion for Sports Park Expansion Earth Tech Environmental, LLC 67 www.eteflorida.com United S�tates Department of the Interior KRVICIV FISI I ANI) WlLDLIFE SE"RVICE South Florida Ecolo,,1ical Services 0111ce 1339 20 Street Vero Beach. Florida 32960 November 4, 2018 Andrew D. Kelly, Colonel District Commander LJ.S, Arm), Corps of Engineers 1520 Royal Palm Square Blvd, Suite 310 Fort Myers. Florida 33919 Service Consultation Code: 04EI`2000-2019-I"-0965 Corps Application Nurnbcr: SA.1-2019-01797 (IP-JF) Date Received: August 6, 2019 Consultation Initiation Date, ALIgLISt 1 6, 2019 Applicant: Collier County Proje& Sports and Events Complex County: Collier Dear Colonel Kelly: The US. Fish and Wildlife Service (Service) has received the U.S. Ann), Corps al Enoincers (Corps) request ficir consultation dated AUgLIst 6, 2019, fior the Collier County (Applicant) proposed Sports and Events Complex (Project). This document transmits the Service's biological opinion based on our review of the proposed Project located in Collier County. Florida, and its eff'ccts on the endangered Florida bonneted bat (Ewno1)s,flori(kmu.Y; 1`1313) and 1�`Iorida panther (Pumet concolor cori,i, panther). This dOcUrnent is SLibrilitted in accordance with section 7 of tile Endangered Species Act of 1973. as amended (Act) (87 Stat. 884. 16 U.S.C. 1531 et seq.). This biological opinion is based oil iril'ormation provided in the Corps' August 6. 2019, consultation request letter, and other information provided by Earth Tech Environmental. LLC (COFISLIllant), As of'ALI(ILISt 16. 2019, the Service has received all the information necessary initiation of fonnal consultation oil the FB,B and panther 170r this Project, as required in the regulations governing interagency consultations (50 Code of Federal Regulations (CFR) § 402,14). A complete record of this consultation is on file at the Service's South Florida Ecolooical Services Office in Vero Beach, Florida. I - Updates to the regulations governing interagency consultation (50 CFR part 402) were effective on October 28, 2019 [84 FR 44976]. This consultation was pending at that time. and we are applying the updated regulations to the consultation. As the preamble to the final rule adopting the regulations noted, "[t]his final rule does not lower or raise the bar on section 7 consultations. and it does not alter what is required or analyzed during a consultation. Instead, it improves clarity and consistency, streamlines consultations, and codifies existing practice.- We have 68 reviewed the information and analyses relied upon to complete this biological opinion in light of the updated regulations and conclude the opinion is fully consistent with the updated regulations. Consultation history By email dated August 6, 2019, the Corps submitted a request to the Service for consultation, including a description of Project impacts, species assessments, and information to support a "may affect, and is likely to adversely affect" determination for the FBB and panther. By email dated August 16, 2019, the Service requested a Traffic Impact Study (TIS) for the Project. By email dated August 16, 2019, the Consultant provided the TIS. On August 22, 2019, the Service met with the Applicant, Consultant, and Davidson Engineering, Inc. to discuss timeline for completing the biological opinion and the FBB acoustic survey. By email dated September 23, 2019, the Service requested the data files for the FBB survey. By email dated September 24, 2019, the Service requested information on lighting on the Project site post -construction. By email dated September 25, 2019, Davidson Engineering, Inc. provided information on the Dark Skies lighting requirement by the County's Planned Unit Development Ordinance for the Project. By email dated September 26, 2019, the Service requested more information about the bat house located on County property to the north of the Project site. On September 26, 2019, the Consultant provided the data files for the FBB survey. Be email dated September 30, 2019, the Service sent the Corps, Applicant, and Consultant a list of suggested conservation measures to minimize impacts to the FBB. By email dated October 23, 2019, the Consultant provided information about the County preserve to the north of the Project site as well as the location and information on which species are using the bat houses on that preserve. By emails dated October 24 and 28, 2019, the Applicant agreed to the Minimization and Conservation Measures and Terms and Conditions of this Biological Opinion. BIOLOGICAL OPINION "Phis Biological Opinion provides the Service's opinion as to whether the proposed Project is likely to jeopardize the continued existence of the panther. There is no designated critical habitat a for the panther; therefore, this Biological Opinion will not address destruction or adverse modification of critical habitat. ANALYTICAL FRAMEWORK FOR THE JEOPARDY DETERMINATIONS Jeopardy determination Section 7(a)(2) of the Act requires that Federal agencies ensure that any action they authorize, fund, or carry out is not likely to jeopardize the continued existence of listed species. "Jeopardize the continued existence of means to engage in an action that reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species (50 CFR § 402.02). The jeopardy analysis in this biological opinion relies on four components: (1) the Status of the Species, which describes the range -wide condition of the species, the factors responsible for that condition, and its survival and recovery needs; (2) the Environmental Baseline, which analyzes the condition of the species in the action area, the factors responsible for that condition, and the relationship of the action area to the survival and recovery of the species; (3) the Effects of the Action, which determine the direct and indirect impacts of the proposed Federal action and the effects of any interrelated or interdependent activities on the species; and (4) the Cumulative Effects, which evaluate the effects of future, non-federal activities in the action area on the species. In accordance with policy and regulation, the jeopardy determination is made by evaluating the effects of the proposed federal action in the context of the current status of the species, taking into account any cumulative effects, to determine if implementation of the proposed action is likely to cause an appreciable reduction in the likelihood of both the survival and recovery of the species in the wild. DESCRIPTION OF THE PROPOSED ACTION The Applicant's proposed Project is the construction of a sports and events complex on a 128.04 -acre (ac) parcel which would consist of 18 multi-purpose sports fields, open space, parking, internal roads, and stormwater management areas. The Project site is located just north of 1-75, approximately 1.28 miles (mi) east of Collier Boulevard (Blvd), in Section 36, Township 49 South, Range 26 East, in Collier County, Florida (Latitude 26.165780, Longitude -81.667342) (Figure 1). The property is bordered by undeveloped land and county projects owned by the Applicant (Figure 2). The narrow strip of vacant, undeveloped land along the north, east, and the larger block to the south is county -owned vacant, undeveloped land. The Collier County Resource Recovery Park (CCRRP) is located to the north and was consulted on by the Service in 2012 (Service consultation code 2012-F-0324). The Collier County landfill is located to the east and was consulted on by the Service in 2010 (Service consultation code 2010-I-0129). This Project is phase two of the overall Collier County Sports Complex to the west that is currently under construction. Phase one of the sports complex is covered under Incidental Take Permit TE145823-0 issued by the Service on July 1, 2009. 70 The habitat types onsite consist of 67.83 ac of pine flatwoods, 28.22 ac of mixed pine, 22.27 ac of cypress -pine -cabbage palm, 8.33 ac of shared access road under construction, and 1.39 ac of primitive trails. The proposed Project would impact the entire 128.04 ac (Figure 3). There are no preserves for the Project site, but the CCRRP to the north preserved 167 ac of pine flatwoods and cypress -pine -cabbage palm onsite and it is being managed for FBB, panther, and red - cockaded woodpecker mitigation. To compensate for unavoidable wetland impacts, the Applicant has committed to purchasing 7.42 wetland mitigation credits from the Panther Island Mitigation Bank Expansion (PIMBE). To comply with the County's requirement that the Project be Dark Skies compliant, limited light spillover is anticipated due to the use of field focused light -emitting diode (LED) lighting and shielded LIED fixtures for the parking lot, pedestrian corridor, and security lighting. Minimization and conservation measures Florida bonneted bat Some of the proposed Project features, such as the stormwater lakes, open spaces and grassy fields, may provide foraging habitat for the FBB. Also, the purchase of wetland mitigation credits at PIMBE may provide foraging and roosting habitat for FBBs offsite. In an effort to minimize adverse effects to the FBB, the Applicant has agreed to the following protection measures: Conduct another roost survey to re -peep all potential roosts within 30 days prior to construction and/or roost removal. All potential roosts are to be examined by a professional environmental consultant with expertise in detecting FBB roost sites. Cavity peeping should be performed using a video probe (peeper) and observing the contents, including top and bottom portions of the cavity. If cavity peeping is not possible for any cavity, the Applicant shall conduct the standard four-day acoustic survey of such trees in accordance with Service guidelines to confirm presence/absence of roosting FBBs. The Applicant will provide a report of the survey dates, personnel, equipment, and survey results to the Service, 1339 20`h Street, Vero Beach, FL 32960, verobeach-c�fws.gov. In the event that FBBs are discovered in a roost, the Applicant will immediately cease construction within 250 ft of the roost and reinitiate consultation with the Corps and the Service to determine an appropriate buffer or other conservation measure. 2. If feasible, conduct land -clearing activities or remove potential roost trees between January 1 and April 14, which is outside of breeding season, to reduce the chance that non-volant pups are taken in an unidentified roost. 3. Install two additional FBB artificial roosts, according to the attached instructions, in the CCRRP preserve area and continue to conduct acoustic monitoring annually for five years. Reports will be provided to the Service annually. In addition, the Service and Florida Fish and Wildlife Conservation Commission will be granted access, in coordination with the Applicant or Consultant, to conduct mist netting or other monitoring of the bat houses already in place and the additional artificial roosts. 9 71 Florida panther The Applicant proposes to purchase 1,244.59 Panther Habitat Units (PHUs) from an approved conservation bank as compensation for impacts to panther habitat. The 7.42 wetland mitigation credits proposed for purchase at PIMBE provides 34.8 PHUs each, or 258.21 PHUs. The remaining 986.38 PHUs will be purchased from Collier County's Pepper Ranch Preserve (PRP). The Applicant has also agreed to provide educational materials and install signage to inform construction workers and users of the sports complex about the risk of panther -vehicle interactions near the Project site, especially during evening hours. Action Area The action area is defined as all areas to be directly or indirectly affected by the Federal action and not merely the immediate area involved in the action. The Service considers the action area as all lands within the footprint of the Project, and all lands within 25 mi (40.2 kilometers [kmJ) of the Project footprint. The 25 -mi buffer around the Project footprint is designed to encompass mean dispersal distance of sub adult male panthers which was reported by Maehr et al. (2002) to be 23.2 mi (37.3 km) and by Comiskey et al. (2002) to be 24.9 mi (40.0 km). The 25 -mi (40.2 -km) buffer distance encompasses the dispersal distance of both male and female panthers because male panther dispersal distances are known to exceed those reported for female panthers (Comiskey et al. 2002; Machr et al. 2002). The size of the action area for this consultation is consistent with action areas defined in our recent biological opinions for the panther, and it encompasses the wide ranging movements of sub adult panthers and the large home territories of adult panthers. While the action area is a 25 -mi buffer around the Project footprint, the effects to the FBB are not expected to extend beyond the Project boundaries. STATUS OF THE SPECIES Florida bonneted bat Please see Enclosure for the Status of the Species for the FBB. Florida panther Please see Enclosure for the Status of the Species for the panther. Summary of threats to the species Florida bonneted bat The loss, degradation, and modification of native forested habitat and roost sites were primary considerations in listing the FBB as endangered. Other threats include loss of foraging habitat, competition for tree cavities, pesticides and contaminants, ecological light pollution, climate 72 change, sea level rise, and other anthropogenic factors. Threats to the FBB that are relevant to the proposed Project will be discussed in the remaining sections of this Biological Opinion, include the loss of native forested habitat, foraging habitat, potential roost sites, pesticide use, and ecological light pollution. Florida panther The panther is a wide-ranging species that requires large areas of diverse landscape to survive. Dispersing sub adult males wander widely through unforested and disturbed habitat. Human population in South Florida has dramatically increased, from I million in 1950 to 6.6 million in 2010, resulting in secondary disturbances such as increased human presence and noise, light, air, and water pollution. In southwest Florida, where the reproducing panther population is primarily located, human population has increased from 833,892 in 2000, to an estimate of 1,231,100 in 2010, representing an increase of 47.6 percent over the I 0 -year period (University of Florida 2009). Increasing human population has resulted in increasing impacts on native habitat, and flora and fauna. Resulting threats to panthers include direct effects, such as human disturbance from Project construction, and habitat loss and fragmentation; and indirect effects from road mortality, human disturbance following construction, and intra -specific aggression. Table 1 provides a yearly tabulation of the population counts of the panther with the annual mortalities also shown. The threats posed by human disturbance during and after Project construction, habitat loss and fragmentation, road mortality, and intra -specific aggression are relevant to this Project, and will be discussed in the remainder of this Biological Opinion. ENVIRONMENTAL BASELINE Status of the species within the action area Florida bonneted bat The proposed Project is within the consultation area for the FBB and contains foraging and roosting habitat. A roost survey of the Project site conducted in October 2018, found two potential roost trees (Figure 4). No visual or audible evidence of bat presence was observed during the roost survey. Even though all cavities and loose bark were peeped with no evidence of bat use found, it can be difficult to view the entire contents of a cavity and FBBs are known to move between alternate roosts or establish new roosts (Ober et al. 2016). An acoustic survey conducted between February 4, 2019 and March 5, 2019 recorded some FBB activity. The Kaleidoscope Pro software auto identified 120 FBB calls out of 43,876 bat calls (Table 2). The FBB calls were recorded at 25 out of the 26 stations, and 79 of those (from 19 of the stations) were recorded within 90 minutes of sunset or sunrise (Table 2 and Figure 5). Two bat houses were installed on the CCRRP preserve area in 2015 and acoustic monitoring and presence of guano indicates FBBs may roosting in the northern bat house (Table 3 and Figure 6), located about 0.6 mi from the Project site. Based on the availability of suitable habitat, several FBB calls within 90 minutes of sunset, high FBB activity recorded, two potential roost trees 0 73 onsite, and a high likelihood of FBBs roosting in a bat house on the CCRRP preserve less than a mile away, the Service finds that there is a likelihood of FBB roosting onsite and that they regularly forage on the Project site. Florida panther The Service used current and historical radio -telemetry data, information on habitat quality, prey base, and evidence of uncollared panthers to evaluate panther use in the action area. Panther telemetry data are collected three days per week from fixed -wing aircraft, usually in early to midmorning. However, researchers have shown panthers are most active between dusk and dawn (Beier 1995) and are typically at rest in dense ground cover during daytime monitoring flights (Land 1994). Comiskey et al. (2002) suggested that, because data is collected when panthers are least active, these locations may present an incomplete picture of activity patterns and habitat use. However, this potential bias was not detected in a recent analysis by Land et al. (2008) using Global Positioning System (GPS) satellite location data collected throughout a 24 hour day. This study revealed panther habitat selection patterns are similar when using either aerial telemetry data collected during the day or 24 hour satellite GPS location data. Both methods showed upland and wetland forests were the habitats most selected by panthers. The study also indicated that grassland -dry prairie habitats were used more at night than during daytime hours. Only a subset of the panther population has been radio -collared. For example, 42 radio -collared panthers, representing about 40 percent of the estimated panther population, were monitored in 2013. However, the large database of telemetry locations taken from radio -collared panthers south of the Caloosahatchee River can be used to estimate the size and number of home ranges and travel corridors south of the Caloosahatchee River. The Florida Fish and Wildlife Conservation Commission (FWC) also uses observational data collected during telemetry flights to assess the yearly breeding activity of radio -collared panthers. Female panthers accompanied by kittens or male panthers within proximity of an adult female are assumed to have engaged in breeding activity during that year. According to the Service's Geographical Information System (GIS) database, eight telemetry records from one panther were recorded within the Project site between August 2014 and December 2017. FWC documented 1,915 telemetry locations, from 20 panthers, within 5 mi of the Project from June 1989 through June 2018. The status and activities of uncollared Florida panthers within the action area are unknown. The Service's GIS database also has records of eight dens from five panthers within 5 mi of the Project. Panthers have used the Project site and vicinity historically, as indicated by telemetry and den locations (Figure 7). There have been 251 panther deaths documented in the action area (Figure 8). The Service's GIS data shows that 178 of those deaths were attributed to motor vehicles. Since 2004, 23 vehicle - related panther mortalities have occurred within 5 mi of the proposed Project site (Figure 5). The Service believes other non -collared panthers may use the Project site and surrounding area because 15 out of 23 deaths within a 5 mi radius of the Project were uncollared panthers. According to the Southwest ITorida Panther Hot ,Spots Report, several sections of Collier Blvd 7 74 and a section of I-75 near the Project site are panther road -kill hotspots (Florida Panther Recovery Implementation Team, Transportation Sub -Team 2018). Factors affecting the species environment within the action area Factors that affect the species environment (positively and negatively) within the action area include, but are not limited to Federal, State, or private actions and other human activities in the action area, such as: construction of highways and urban development, agriculture operations, resource extraction, public lands management (prescribed fire, public use, exotic eradication, etc.), hydrological restoration projects, and public and private land protection efforts. Conservation lands acquired through the land acquisition programs of Federal, State, and County resource agencies within the action area have benefited FBBs and panthers by preserving and maintaining habitat in perpetuity. Public conservation lands within the action area include the Big Cypress National Preserve, Florida Panther National Wildlife Refuge, Ten 'Thousand Islands National Wildlife Refuge, Rookery Bay National Estuarine Research Reserve, Corkscrew Regional Ecosystem Watershed, Picayune Strand State Forest, Fakahatchee Strand Preserve State Park, and several county preserves. Private conservation lands include Corkscrew Swamp Sanctuary, mitigation areas, and conservation easements. Climate Change Our analyses under the Act include consideration of observed or likely environmental effects related to ongoing and projected changes in climate. As defined by the Intergovernmental Panel on Climate Change (1PCC), "climate" refers to average weather, typically measured in terms of the mean and variability of temperature, precipitation, or other relevant properties over time; thus "climate change" refers to a change in such a measure which persists for an extended period, typically decades or longer, due to natural conditions (e.g., solar cycles) or human -caused changes in the composition of the atmosphere or in land use (IPCC 2013, p. 1450). Detailed explanations of global climate change and examples of various observed and projected changes and associated effects and risks at the global level are provided in reports issued by the IPCC (2014 and citations therein). Information for the United States at national and regional levels is summarized in the National Climate Assessment (Melillo et al. 2014 entire and citations therein; see Melillo et al. 2014, pp. 28-45 for an overview). Because observed and projected changes in climate at regional and local levels vary from global average conditions, rather than using global scale projections, we use "downscaled" projections when they are available and have been developed through appropriate scientific procedures, because such projections provide higher resolution information that is more relevant to spatial scales used for analyses of a given species and the conditions influencing it. (See Melillo et al. 2014, Appendix 3, pp. 760-763 for a discussion of climate modeling, including downscaling). In our analysis, we use our expert judgment to weigh the best scientific and commercial data available in our consideration of relevant aspects of climate change and related effects. Climate change may result in an increase in the intensity or frequency of tropical storms and hurricanes in Florida. The Atlantic Multi-decadal Oscillation (AMO) influences rain patterns in Florida. We are currently in an AMO warm phase that is predicted to persist through 2020 75 (Miller 2010). The increased rainfall associated with both of these factors could reduce our ability to effectively use prescribed burning to manage habitat in optimal conditions for FBBs, panthers, and their prey. Increased rainfall could also reduce the amount of area suitable for panther denning, by increasing the area covered with standing water or the duration of inundation of seasonally wet areas. It is difficult to estimate, with any degree of precision, which species will be affected by climate change or exactly how they will be affected. The Service will use Strategic Habitat Conservation planning, an adaptive science -driven process that begins with explicit trust resource population objectives, as the framework for adjusting our management strategies in response to climate change (Service 2006). EFFECTS OF THE ACTION Florida bonneted bat Potential effects to the FBB due to the proposed Project include a number of direct and indirect effects on the FBB and its habitat. Potential adverse effects include. (1) mortality from destruction of unknown roosting sites; (2) disturbance by construction activities; (3) disruption of normal behaviors from ecological light pollution and noise; and (4) the loss of available habitat for roosting, foraging, breeding, and dispersing. Land clearing Land clearing activities have the potential to harm or kill individual FBBs within the Project area as trees are removed if they have occupied FBB roosts that were not identified during the pre - construction roost surveys. Additionally, direct loss of individuals is reasonably likely to occur if roost trees are removed during times of the day when FBBs are roosting (i.e., daytime). Loss of an active roost during a critical life history stage (e.g., when females are pregnant or rearing young) can result in the loss of individuals and have significant effects to the FBB population considering the species' low fecundity and small population size (Service 2013b). Occupied FBB roosts are difficult to detect, even when timing of acoustic detections indicate roosting is likely, as in this case; therefore, loss of an undetected roost tree is reasonably likely to occur during land clearing activities. Within the clearing and construction area of the Project site plan, at least two potential roosts have been identified to be removed (Figures 3 and 4). The Applicant has committed to inspecting all potential roosts prior to removal, but it can be difficult to view the entire contents of a cavity and FBBs are known to move between alternate roosts or establish new roosts (Ober et al. 2016). The clearing of 128.04 ac could affect foraging and roosting habitat for the FBB. The acoustic surveys indicated that FBBs are foraging over the entire Project site. Once the Project is complete, it will ultimately result in the loss of 128.04 ac of foraging and roosting habitat. This may result in fewer numbers of FBBs using the Project area after completion of the Project. FBBs may show reduced fitness or reduced reproduction because they may have to spend more time foraging to make up for lost food sources, or they may have to fly farther to find the same I 76 amount of food. Limited information on FBB foraging behavior is currently available. In one study using GPS -satellite tags at Babcock -Webb WMA, researchers found that most FBB locations were within one mile of the roost (point of capture) (Ober 2015). However, FBBs also tended to take one longer foray, up to seven miles, shortly after sunset each night (Ober 2015, Ober 2016). Assuming a foraging area centered on a roost with a 1 -mi radius, FBBs likely forage throughout 2,010 ac, and could forage up to 98,470 ac (7 -mi radius), on any given night. A loss of 128.04 ac of foraging habitat represents between 0.13 and 6.37 percent of a FBB's foraging area (Ober 2015, 2016). Construction activities All of the construction activities associated with the implementation of the proposed action have the potential to produce some level of physical disturbance, because they involve the presence of humans and associated equipment, vehicles, or machinery. Although these types of adverse effects are not easily quantified, some form of physical effects from the presence of humans and associated noise may elicit a disturbance response in individual bats. The net effect of physical disturbance, including sustained sources of noise, may be a localized reduction of survival or productivity, avoidance of otherwise suitable habitat, and reduction of breeding frequency. Noise associated with construction activities could disturb bats where that noise exceeds ambient levels. FBBs may be temporarily interrupted from foraging, resting, or caring for young by this activity. Additionally, visual disturbance from personnel on site during the construction activities could influence the behavior of bats. Harvey et al. (1999) indicated disturbance to summer maternity colonies of bats is extremely detrimental. In general, maternity colonies do not tolerate disturbance, especially when flightless young are present. Newborn or immature bats may be dropped or abandoned by adults if disturbed (Harvey et al. 1999). This may be particularly damaging to the FBB because of this species' low fecundity and low abundance. Disturbance from increased human presence within the action area may also result in missed foraging and mating opportunities when individual bats avoid an area; however, this is difficult to quantify. Any actions that occur in areas known to be occupied by the FBB and result in the removal of potential roost sites (i.e., snags, trees, utility poles, buildings, etc.) or impact foraging habitat (i.e., filling in of wetlands and other surface waters) are likely to have direct and indirect adverse effects to the FBB and its habitat. The Service evaluated the proposed Project in the context of how the action has the potential to result in both beneficial and adverse effects to the FBB, at the individual, population, and landscape scales. The use of specific minimization measures as part of the action such as pre -construction roost surveys and removing roosts outside of breeding season, if feasible, are expected to reduce the potential adverse effects to the FBB as a result of construction activities. However, some adverse effects to the FBB are likely to occur despite the inclusion of these measures into the proposed action. The loss of forested habitat may increase the potential for predation on individual bats due to the modification of existing habitat conditions. Some practices may temporarily reduce available cover around occupied roosts, making FBBs more vulnerable to predation. In addition, the presence of humans while conducting construction activities may temporarily create artificial 10 77 food sources that may attract additional predators to the site (i,e.,trash attracts predators such as skunks and raccoons). Human activities post-cons1ruction The activities orhUrnans using the sports complex after completion may adversely affiect FBBs, The noise from sporting events and visual disturbance from lights may interrupt foraging, resting, and caring for young as described above. While lighting oil the Project site is anticipated to have little Spillover to Surrounding areas, insects and bats flying directly over the Project site may be affected, Artificial lighting (i.e., ecological light pollution) call [lave demonstrable effects on behavioral and population ecology oforganisms, including bats and insects (Lon('core I and Rich 2004). The FBBT 's fast -flight and long-range flight capabilities may make it more able to exploit insects congregated at artificial light sources or more susceptible to risks associated with such responses (e.g., increased predation or harm from humans). Florida panther The proposed Project site contains panther habitat and is located within the geographic range of the panther. The timing of construction for the, Project, relative to sensitive periods of the panther's liflecycle, is unknown.Panthers may be found in the Project vicinity year-round. The Project will be constructed in an ongoing, disruptive event, over a span of multiple years, and result in the permanent loss and alteration of the habitat on the Project site. The land to be affected by the Project currently provides about 128.04 ac of habitat for the panther. This habitat is located in the Primary :one of the Focus Area (Kautz et al. 2006), and approximately 0.5 mi northwest of the Picayune Strand State Forest. The majority of the land to be affected consists of pine flatwoods, mixed pine, and cypress -pine -cabbage palm that provide habitat ["or the panther and its prey. A variety of wildlife species that provide potential prey for the panther are known to occur within the action area. Potential prey include: white-tailed deer (Odocoileus virginianus), feral hog (Susscrqlcr), wild turkey (Alfeleagris gallopavo), nine -banded an-nadillo (Dasypus noveincinclus), striped skunk (i�fephitis niephilis), Eastern grey squirrel (&iurus earolinensis), Eastern cottontail rabbit (S'ylivilagusfloridanus), and various species of small mammals, wading birds, amphibians, and reptiles. The Service developed a Pantherflabitat Assessment Methodology and refugia design in 2003 to help guide the agency in evaluating permit applications for projects, that could affect panther habitat. This methodology provided a way to assess the level of impacts to panthers expected from a given project, and to evaluate the effect of any proposed compensation offered by the project's Applicants. The I labitat Assessment Methodology was updated in 2012. A full description of our I-labitat Assessment Methodology can be found at: httv://www, fws.,,ov/verobeacti/ManinialsPDFs/20120924 I)antlier%20Flabitat%2OAssessment% 20Method Appendix.pdf. The Applicant Used the panther I labitat Assessment Methodology to evaluate the panther habitat lost due to the Project. The proposed action will result in the loss of 128.04 ac ofpanther habitat in the Paniher Pocus Area and PanIher Consultation Area (Service 2007). 'File loss of 128.04 ae 78 of panther habitat on the Project site equates to 628.58 PHUs. The Habitat Assessment Methodology uses a base ratio to provide for the protection of sufficient acreage of primary zone equivalent lands for a population of 90 panthers from the acreage of primary zone equivalent non -urban lands at risk. Multiplying by the base ratio of 1.98 equals 1,244.59 PHUs necessary to offset the Project impacts. The 7.42 wetland mitigation credits proposed for purchase at PIMBE provides 34.8 PHUs each, for a total of 258.21 PHUs. The Applicant proposes to purchase the remaining 986.38 PHUs from PRP. The proposed compensation plan is consistent with goal 1.1.1.2.3 in the Panther Recovery Plan (Service 2008) which recommends that habitat preservation and restoration be provided in situations where land use intensification cannot be avoided. The Applicant's compensation will provide habitat protection and restoration, to compensate for the function and value of the lost habitat. The Applicant has agreed not to begin construction on the Project until: (1) they provide the Service with receipts (in the form of a letter or email) from PIMBE and PRP stating at least 7.42 wetland mitigation credits and 986.38 PHUs have been acquired by the Applicant, and (2) the Corps and the Applicant have received an email or letter from the Service indicating we have received receipts from PIMBE and PRP. Development projects may have a number of direct and indirect effects on the panther and panther habitat which include: (1) the permanent loss of habitat for panthers and their prey; (2) a reduction in the geographic distribution of habitat for the species; (3) disturbance of panthers due to construction activities; (4) increased potential for panther mortality due to motor vehicle collisions; (5) increased disturbance to panthers and their prey due to human activities; (6) an increase in the potential for intraspecific aggression among panthers due to reduction of the geographic distribution of habitat of the panther; and (7) an increase in the potential for panther - human interactions. Land clearing The Project will result in the loss of 128.04 ac of panther habitat along the western border of the Primary Ione in the Focus Area. The land will be converted to land uses that aren't expected to be used by panthers or their prey. The habitat lost due to the Project may adversely affect the panther by decreasing the spatial extent of lands available to the panther and their prey. The Service anticipates any resident panthers with horns ranges overlapping in the vicinity of the Project area will adjust the size and location of their ranges to account for this loss and disturbance, and the adjustment is anticipated to occur in concert with the Project construction phases. This loss represents 0.01 percent of the 1,202,699 ac of non -urban private lands available to the panther. The habitat value lost due to the Project will be offset by the habitat compensation proposed by the Applicant. As discussed in the Status of the Species, panther mortalities resulting from attacks of con- specifics are known to occur in the panther population (e.g., males may kill other rival males when defending a territory). Habitat loss may increase the potential for intraspecific aggression among panthers in the action area. The Project will result in the loss of 128.04 ac of panther habitat. According to the most current home range estimates of the panther (Lott et al. 2005), this loss represents 0.44 percent of a female panther's average home range (29,059 ac) and 12 79 0.21 percent of a male panther's average home range (62,542 ac). Between 1984 and 2018, there have been 30 panther deaths due to intraspecific aggression documented within the action area (20 male, 9 female, and 1 unknown). The two closest intraspecific aggression mortalities occurred 7.1 mi southeast of the Project site in Picayune Strand State Forest on April 11, 2014, and 7.2 mi east in Golden Gate Estates on August 29, 2016. The risk to panthers from increases in intraspecific aggression as a result of the Project is difficult to quantify. However, the risk of increasing intraspecific competition is considered unlikely because of the reduced quality of habitat lost on the Project site. Therefore, the relative change or increase in intraspecific aggression among young male panthers as a result of this Project is also likely discountable. Construction activities The timing of construction for the Project, relative to sensitive periods of the panther's lifecycle, is unknown. However, land clearing associated with the Project will be completed in a single phase at the start of development activities. There are no known den sites within the Project boundaries. Therefore, we find it is unlikely that the Project construction will result in direct panther mortality, but it may result in temporary disturbance to resident or dispersing panthers. Increase in vehicle traffic The Project would result in increased vehicular traffic in the Project vicinity. In evaluating a Project's potential to increase injuries and mortalities to panthers resulting from motor vehicle collisions, we consider the location of the Project in relation to surrounding native habitats, preserved lands, and wildlife corridors that are frequently used by the panther. We also consider the current configuration and traffic patterns of surrounding roadways and the projected increase and traffic patterns expected to result from the proposed action. We evaluate the habitats present on site, their importance in providing feeding needs for the panther and panther prey species, and if the site development would further restrict access to surrounding lands important to the panther and panther prey species. The Service also used traffic data from the Florida Department of Transportation Data & Analytics Office (FDOT 2018) and the Applicant's Traffic Impact Statement (TIS) to estimate the risk to panthers from the Project's projected increase in traffic. Trebilcock Consulting Solutions, PA, prepared a TIS that examined the effects of the Project's traffic on Collier Blvd and I-75. Based on information in the TIS, the Project will generate 1,398 annual average daily trips (AADT) from the proposed sports complex. The traffic generated from the Project site will use existing roads, with 30 percent of traffic expected to travel north on Collier Blvd to Golden Gate Parkway (Pkwy) and 70 percent of traffic expected to travel south on Collier Blvd to 1-75. It was then estimated that 30 percent of the south travelling traffic would continue south to Davis Blvd, 30 percent would go west on 1-75, and 20 percent would go east on 1-75 (Figure 9). The current risk to panthers from Project traffic was assessed by looking at the number of panthers killed in the past 5 years in the TIS study area. Within this study area, 8 panthers were killed on the road segments included in the TIS in the last 5 years. According to FDOT, the 13 2018 average traffic volume on Collier Blvd between 1-75 and north to Golden Gate Pkwy is 32,000 AADT. The 2018 AADT on Collier Blvd between 1-75 and south to Davis Blvd is 48,500. The 2018 AADT on I-75 is 41,500 heading west from Collier Blvd and 24,970 heading east from Collier Blvd. The current number of vehicle trips leading to panther deaths was calculated for these roads by multiplying the 5 -year total daily trips (AADT times 1,825 days), and dividing this number by the number of panther vehicle -related deaths during the last 5 years. This calculation provides a baseline estimate of the number of vehicle trips that lead to a road kill based on the AADT and panther mortality data over a 5 -year period. Assuming that the rate of panther road kills is proportional to the AADT, we estimated changes in panther road kills from the projected changes in AADT caused by the Project. This was done by multiplying current 5 -year ratio of panther kills per vehicle trips by the projected number of trips occurring in 5 -years. Using the above described calculation, we estimated that panther road kills on the road segments evaluated in the TIS will increase from 8 road kills to 8.07 road kills (an increase of 0,07) every 5 years. Since this estimation of take is for a whole individual, the estimated 0.07 net increase in panther road kills is rounded to zero individuals. The Applicant will also install signage to inform construction workers and users of the sports complex about the risk of panther -vehicle interactions in the vicinity, especially during evening hours. Therefore, we anticipate there will be no take of panthers from Project -generated traffic. Increase in human activities The construction of the Project will increase hurnan activities at the Project site. The disturbance resulting from human activities at the Project site could affect the movements of panthers and panther prey species. Consequently, panthers and panther prey species may be less likely to approach the Project site, or they may choose to avoid the Project corridor altogether. The additional human activity at the Project in conjunction with the loss of panther habitat resulting from the Project may change panther use patterns in the Project area, and panthers may avoid the Project area. Interrelated and interdependent actions An interrelated activity is an activity that is part of the proposed action and depends on the proposed action for its justification. An interdependent activity is an activity that has no independent utility apart from the action under consultation. Interrelated or interdependent actions are not expected to result from the Project. CUMULATIVE EFFECTS Cumulative effects include the effects of future State, Tribal, local or private actions that are reasonably certain to occur in the action area considered in this biological opinion. Future Federal actions that are unrelated to the proposed action are not considered in this section because they require separate consultation under section 7 of the Act. 14 81 Florida bonneted bat The effects to the FBB do not extend beyond the Project footprint. Therefore, cumulative effects to the FBB are not expected to occur from the Project. Florida panther The past and ongoing state and county actions (non -Federal) affecting panther habitat within the action area include: (1) State of Florida Development of Regional Impact Orders; (2) County Comprehensive Plan Amendments; (3) County Zoning Amendments; (4) County Planned Unit Developments; (5) Florida Department of Environment Protection Permits; and (6) SFWMD Environmental Resources Permits (ERPs). To estimate future non -Federal actions, the Service chose to identify and tabulate recent non -Federal actions and project this level of development as representative of future non -Federal actions. The projections of the non -Federal actions (i.e., cumulative effects) in the action area incorporates Florida Land Use Cover and Forms Classification Systern (FLUCCS) mapping to determine if a property may be exempt from the Federal Clean Water Act, section 404 wetland regulatory review by the Corps. To determine if a development project would likely be exempt from regulatory review, the Service identified the percentage of the property site that was classified as wetland habitat based on the FLUCCS 600 series (wetland), and the 411 (pine flatwoods) and 261 (fallow cropland) mapping unit classifications. Projects on properties with less than 5 percent wetlands were considered to be exempt from the Corps regulatory review, because impacts to wetlands could likely be avoided by project design. Using the above selection criteria to review ERP application to the Florida Department of Environmental Protection and the SFWMD and local government building permit applications from 2014 through 2017, 282 projects in the action area affecting 4,371 ac of land were assumed exempt from Corps regulatory review. Therefore, the Service estimates that approximately 1,093 ac per year (4,371 ac 4 years = 1,093 ae/year) would be exempt from regulatory review in the action area. We find this value representative of fixture yearly development likely to occur in the action area. Many unforeseen factors can affect the rate of development in the action area. Therefore, the Service acknowledges that it is difficult to forecast the rate of development as it relates to non-federal actions in the action area with certainty. However, the Service believes this estimate provides the best approximation available of future non -Federal development actions reasonably certain to occur. This level of development represents 3.8 percent of a female panther's average home range (29,059 ac) and 1.7 percent of a male panther's average home range (62,542 ac). Based on the above analysis, we believe the loss of the habitat associated with these lands is insignificant in the short term, but may adversely impact the panther as development continues to occur. 15 82 CONCLUSION Florida bonneted bat After reviewing the current status of the FBB, the environmental baseline for the action area, the effects of the proposed action, and the cumulative effects, it is the Service's biological opinion that the Project, as proposed, is not likely to jeopardize the continued existence of the FBB. We have reached this conclusion because: (1) the Project will permanently destroy 128.04 ac of suitable habitat and remove 2 potential roosts; however, this represents a small portion of habitat available in the FBB consultation area; (2) the loss of this habitat is expected to be offset by the purchase of 7.42 PIMBE and 986.38 PHUs from PRP; and (3) the risk of injury or death of roosting FBBs will be reduced by the minimization measures defined in the Project description. Florida panther After reviewing the current status of the Florida panther, the environmental baseline for the action area, the effects of the proposed Project, and the cumulative effects, it is the Service's biological opinion that the Project, as proposed, is not likely to jeopardize the continued existence of the panther. We have reached this conclusion because: (1) the loss of 128.04 ac of panther habitat is a small percentage of a male (0.21 percent) and female (0.44 percent) panther territory; (2) the small increase in traffic, in combination with the minimization measures, is not expected to increase vehicular mortality on area roads; (3) the acreage being lost is at the edge of urbanized and rural areas causing little habitat fragmentation; (4) the small reduction in panther habitat from the Project is not expected to result in increased potential for intraspecific aggression among panthers in the action area; and (5) the loss of panther habitat due to the Project will be compensated for through the Applicant's purchase of 7.42 PIMBE wetland mitigation credits (equal to 258.21 PHUs) and 986.38 PHUs from PRP. INCIDENTAL TAKE STATEMENT Section 9 of the Act and Federal regulation pursuant to section 4(d) of the Act prohibit the take of endangered and threatened species, respectively, without special exemption. Take is defined as to harass, harm, pursue, hunt, shoot, wound, Evill, trap, capture or collect, or to attempt to engage in any such conduct. Harm is further defined by the Service to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harass is defined by the Service as intentional or negligent actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Under the terms of section 7(b)(4) and section 7(0)(2), taking that is incidental to, and not intended as part of the agency action, is not considered to be prohibited taking under the Act provided such taking is in compliance with the terms and conditions of this incidental take statement. The terms and conditions described below are no ndis cretio nary and must be undertaken by the Corps so they become binding conditions of any grant or permit issued to the Applicant, as 16 83 appropriate, for the exemption in section 7(0)(2) to apply. The Corps has a continuing duty to regulate the activity covered by this incidental take statement. If the Corps 1) fails to assume and implement the terms and conditions or 2) fails to require the Applicant to adhere to the terms and conditions of the incidental take statement through enforceable terms that are added to the permit or grant document, the protective coverage of section 7(0)(2) may lapse. In order to monitor the impact of incidental take, the Applicant must report the progress of the action and its impact on the species to the Service as specified in the Incidental Take Statement [50 CFR § 402.14(i)(3)]. AMOUNT OR EXTENT OF TAKE ANTICIPATED Florida bonneted bat The Service anticipates incidental take of the FBB will be difficult to detect because the roost locations of the FBBs that forage on the Project site are unknown, which makes it difficult to monitor the effects to individual FBBs. Therefore, the Service will use 128.04 ac of FBB habitat that will be developed as a surrogate for the number of individuals taken. The incidental take is expected to be in the form of harm due to habitat loss, and disturbance due to construction and post -construction activities. The Service finds that no more than 128.04 ac of FBB habitat at the Project site will be incidentally taken as a result of the proposed action. If, during the course of this action, this level of take is exceeded, such take would represent new information requiring review of the reasonable and prudent measures provided. The Federal agency must immediately reinitiate consultation with the Service. Florida Panther The Service anticipates incidental take of the panthers will be difficult to detect because monitoring panthers in their large territories is difficult, especially for un -collared panthers. Therefore, the Service will use 128.04 ac of habitat as a surrogate for the number of individuals taken. The incidental take is expected to be in the form of harm due to habitat loss, and disturbance due to construction and post -construction activities. The Service finds that no more than 128.04 ac of panther habitat at the Project site will be incidentally taken as a result of the proposed action. If, during the course of the action; this level of incidental take is exceeded, such incidental take represents new information requiring review of the reasonable and prudent measures provided. The Federal agency must immediately reinitiate consultation with the Service. EFFECT OF THE TAKE In the accompanying biological opinion, the Service determined this level of anticipated take is not likely to result in jeopardy to the FBB or panther. Critical habitat has not been designated for the FBB or panther and will not be affected. 17 84 REASONABLE AND PRUDENT MEASURES When providing an incidental take statement, the Service is required to give reasonable and prudent measures it considers necessary or appropriate to minimize the take, along with terms and conditions that must be complied with to implement the reasonable and prudent measures The Service believes the following reasonable and prudent measures are necessary and appropriate to minimize effects of the Project on the panther: 1. Implementation of the Project as proposed and outlined in the "Description of the Proposed Action" section of this Biological Opinion. TERMS AND CONDITIONS In order to be exempt from the prohibitions of section 9 of the Act, the Corps must comply with the following terms and conditions, which implement the reasonable and prudent measures, described above and outline required reporting/monitoring requirements. The terms and conditions are non -discretionary. The Applicant shall provide to the Service a receipt documenting the purchase of at least 1,244.59 PHUs (258.21 PHUs from the purchase of 7.42 wetland mitigation credits from PIMB and 986.38 PHUs from a Service -approved mitigation bank) within 60 days of issuance of permit SAJ-2019.01797 and prior to land clearing authorized by the Corps permit. 2. The Applicant shall provide educational materials and install signage to inform construction workers and users of the sports complex about the risk of panther -vehicle interactions in the vicinity of the Project site, especially during evening hours. 3. The Applicant shall install two additional FBB artificial roosts, according to the attached instructions, in the CCRRP preserve area and continue to conduct acoustic monitoring annually for five years. Reports will be provided to the Service annually. In addition, the Service and Florida Fish and Wildlife Conservation Commission will be granted access, in coordination with the Applicant or Consultant, to conduct mist netting and other monitoring of the bat houses already in place and the additional artificial roosts. 4. Prior to construction and/or potential roost removal, the Applicant shall perform FBB cavity peeping surveys of all cavity trees within the construction footprint. The Applicant will provide a report of survey dates, personnel, equipment, and survey results to the Service. a. If any cavities are found to be occupied by FBBs, the Applicant will immediately cease construction within 250 ft of the roost and reinitiate consultation with the Corps and the Service to determine an appropriate buffer or other conservation measure. 18 85 b. If all cavities are found to be unoccupied, activities for construction and/or potential roost removal should begin no more than 30 days after the survey. MONITORING AND REPORTING REQUIREMENTS Pursuant to 50 CFR § 402.14(i)(3), the Corps must provide adequate monitoring and reporting to determine if the amount or extent of take is approached or exceeded. In order to monitor the impacts of incidental take, the Corps will require the Applicant to report the progress of the final developed acreage, and its impacts on the FBB and panther to the Service as specified in the Incidental Take Statement. DISPOSITION OF DEAD OR INJURED SPECIMENS Upon locating a dead, injured, or sick threatened or endangered species, initial notification must be made to the nearest Service Law Enforcement Office: 20501 Independence Blvd., Groveland, Florida 34736; 352-429-1037. Additional notification should be made to the FWC; South Region; 8535 Northlake Blvd; West Palm Beach, Florida; 33412; 561-625-5122 or Wildlife Alert Hotline 1-888-404-3922, and the Service's South Florida Ecological Service's Office (1339 20"' Street, Vero Beach, Florida 32960-3559; 772-562-3909). Care should betaken in handling sick or injured specimens to ensure effective treatment and in the handling of dead specimens to preserve biological material in the best possible state for later analysis as to the cause of death. In conjunction with the care of sick or injured endangered or threatened species or preservation of biological materials from a dead animal, the finder has the responsibility to carry out instructions provided by Law Enforcement to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed. CONSERVATION RECOMMENDATIONS Section 7 (a)(1) of the Act directs Federal agencies to utilize their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to help implement recovery plans, or to develop information. The Service recommends a voluntary donation to the FBB Conservation Fund, administered by the Wildlife Foundation of Florida, to support recovery actions that benefit the FBB. REINITIATION NOTICE This concludes formal consultation on the action(s) outlined in the Project consultation request. As provided in 50 CFR § 402.16, reinitiation of formal consultation is required where discretionary Corps involvement or control over the action has been retained (or is authorized by law) and if: ])the amount or extent of incidental take is exceeded (128.04 ac of FBB and panther habitat); 2) new information reveals effects of the Corps action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; 3) the Corps action is subsequently modified in a manner that causes an effect to the listed species or critical habitat not considered in this opinion; or 4) a new species is listed or critical habitat designated 19 86 that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease until reinitiation. Thank you for your cooperation and effort in protecting federally listed species and fish and wildlife resources. If You have any questions regarding this Project, please contact (leather Hitt by email at Heather I littgfws.gov, or by phone at 772-469-4267. Sincerely yours, Roxanna Hinzman Field Supervisor South Florida Ecological Services Office Enclosures cc: electronic only Board of Collier County Commissioners, Naples, Florida (Nick Casalanguida) Corps, Fort Myers, Florida (Robert Tewis) Davidson Engineering, Inc., Naples, Florida (Josh Fruth) Earth Tech Environmental, LLC, Bonita Springs (Jeremy Sterk) FWC,'"Fallahas,see, Florida (FWC-CPS) Service, Vero Beach, Florida (David Shindle) Service, Vero Beach, Florida (Sandra Sneckenberger) 20 87 LITERATURE, CITED Beier, P. 1995. Dispersal ofjuvenile cougars in fragmented habitat. Journal of Wildlife Management 59:228-237, Comiskey, E.J., O.L. Bass, Jr., L.J. Gross, R.T. McBride, and R. Salinas. 2002. Panthers and forests in south Florida: an ecological perspective. Conservation Ecology 6:18. Florida Department orri-ansportation Data & Analytics Office. 2018, Annual Average Daily Traffic. Tallahassee, Florida.httos://Www.t,'(Iot.gov/statistics/gis/defatilt.shtmgTraffic Florida Panther Recovery ImplementationTeam, Transportation Sub-'Feam. 2018. Southwest Florida Road Hot Spots Report. htt,ps,://www.fws.,oul !o�v/verobeach/FloridaPantherRITI"ranspoi -tation.h IPCC 2013. Annex III: Glossary [Planton, S. (ed)]. Pp, 1147-1465 In: Cliniale Change 2013: The Phj)sical &ience Basis. Contribution qfforking Group I to the FVih Assessment Report ref the Intergovernmental Panel on Climate Change [Stocker, T. F., D. Qin, G. -K. Plattner, M.Tignor, S.K. Allen, J. Boschung, A, Nauels, Y. Xia, V. Bex and P.M. Midgley (eds.)]. Carribridge University Press, Cambridge, United Kingdom and New York, New York, LISA. https,://www.ipec.chJpdf/as.sessment- report/ar5/wgl/WGIAR5—AiinexIll.—FINAL,,pdf IPCC 2014. Climate Change 2014 Synthesis Report, [Pachauri, R.K. et al.] 133 pp. http://www.ipc,c�.ch/pdf/assessinciit-report/ar5/syr/AR5—SYR—FINAL—SPM.pdf Kautz, R., R. Kawula,T. Hoctor, J. Comiskey, D. Jansen, D. Jennings, J. Kasbahm, F, Mazzotti, R. McBride, L. Richardson, and K. Root. 2006. How much is enough? Landscape -scale conservation for the Florida panther. Biological Conservation. Land, E.D. 1994. Response of the wild Florida panther population to removals for captive breeding. Final Report 7571. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. Land, E.D., D,B. Shindle, R.J. Kawula, J.F. Benson, M.A. Lots, and D.P. Onorato. 2008, Florida panther habitat selection analysis of Concurrent GPS and 'VI -IF telemetry data. Journal of Wildlife Management 72:633-639. Longcore, T. and C. Rich, 2004. Ecological light pollution. Frontiers in Ecology and the Environment 2(4):191-198. Lott, M,, D. Land, M. Cunningham, and B. Ferree, 2005. Florida panther annual report 2004-05, Florida Fish and Wildlife Conservation Commission„ Tallahassee, Florida. Maehr, D.S., I.E.D. Land, D.B. Shindle, O.L. Bass, andT.S. I-Ioctor. 2002. Florida panther dispersal and conservation, Biological Conservation 106:187-197. 21 Melillo J. M., T.C. Richmond, and G. W. Yohe, Eds. 2014, Climate Change Impacts in the United ,States: The Third National Climate Assessment. U.S. Global Change Research Program. http://nca20l4.globalcliaiige.gov/downloads Miller, L. 2010. Climate of South Florida; Everglades restoration transition plan phase I Biological Opinion. U.S. Fish and Wildlife Service; Vero Beach, Florida. Ober, H. 2015. Annual report to USFWS for calendar year 2015. Permit number TE2358313-1. University of Florida, Department of Wildlife Ecology and Conservation, North Florida Research and Education Center. Quincy, Florida. Ober, H. 2016. Annual report to USFWS for calendar year 2016. Permit number TE23583B-1. University of Florida, Department of Wildlife Ecology and Conservation, North Florida Research and Education Center. Quincy, Florida. University of Florida. 2009. Bureau of Economic and Business Research, Population Projections Bulletin 151. Gainesville, Florida. www.leecountybusiness.com/ pdf/FB_community.pdf U.S. Fish and Wildlife Service (Service). 2006. Strategic Habitat Conservation. Final Report of the National Ecological Assessment Team to the U.S. Fish and Wildlife Service and U.S. Geologic Survey. 48 pages. U.S. Fish and Wildlife Service (Service). 2007. Florida Panther Effect Determination Key, U.S. Fish and Wildlife Service; South Florida Ecological Services Offices; Vero Beach, Florida. U.S. Fish and Wildlife Service (Service). 2008. Florida panther recovery plan: third revision. January 2006. Prepared by the Florida Panther Recovery Team and the South Florida Ecological Services Office. U.S. Fish and Wildlife Service; Atlanta, Georgia. U.S. Fish and Wildlife Service (Service). 2010. Wood Stork Effect Determination Key. U.S. Fish and Wildlife Service; South Florida Ecological Services Offices; Vero Beach, Florida. 22 89 Table 1: Yearly Florida panther population estimates and annual number of mortalities. Year Total Mortality Net 2000 62 13 49 2001 78 11 67 2002 80 14 66 2003 87 24 63 2004 78 20 58 2005 82 12 70 2006 97 19 78 2007 117 25 92 2008 104 23 81 2009 113 24 89 2010 115 24 91 2011 111 24 87 2012 123 29 94 2013 133 29 104 2014 138 24 114 2015 140 41 99 2016 Not available 43 Not available 2017 120-230* 30 90-200 *2016 began a transition in the way the Florida panther population was estimated. In February 2017, FWC provided a minimum and maximum population estimate. Table 2: Summary of bat calls that were auto -identified by the Kaleidoscope Pro software as Florida bonneted bats during the spring 2019 acoustic survey on the Project site conducted by Earth Tech Environmental, LLC. Station Number of FBB calls Number of FBB calls within 90 minutes of sunset/sunrise 1 3 0 2 1 0 3 9 9 4 1 1 5 8 7 6 30 30 7 1 1 8 1 1 9 7 3 10 1 1 11 7 4 12 1 1 23 a Table 2 Continued: Summary of bat calls that were auto -identified by the Kaleidoscope Pro software as Florida bonneted bats during the spring 2019 acoustic survey on the Project site conducted by Earth Tech Environmental, LLC. Station Number of FBB calls Number of FBB calls within 90 minutes of sunset/sunrise 13 3 0 14 12 4 15 2 1 16 3 0 17 2 1 18 1 0 19 2 0 20 2 2 21 2 2 22 4 2 23 0 0 24 6 4 25 6 2 26 5 3 Total 1 120 79 Table 3: Summary of bat calls that were auto -identified by the Kaleidoscope Pro software as Florida bonneted bats during the September 2019 acoustic survey on the Collier County Resource Recovery Park preserve area conducted by Earth Tech Environmental, LLC. Station Number of FBB calls Number of FBB calls within 30 minutes of sunset/sunrise 1 21 0 2 1,628 445 3 47 14 4 19 1 5 84 17 Total 1,799 477 24 a A mmmmi�� Figure 1: Proposed site location of the Collier County Sports and Events Complex project in Collier County, Florida. 25 92 OW Ao" 4LA6VWA I LK t VISTERS111URG (wE cxwol. 0 CORALS CKE P404 ,'.' COL UER'�, COUNTY mmmmi�� Figure 1: Proposed site location of the Collier County Sports and Events Complex project in Collier County, Florida. 25 92 Figure 2: Land Use surrounding the Collier County Sports and 1vents Complex in Collier County, FL. w 93 UOLUERCOUTY spoms COMPLEX (QP C4Y GMI-) P eel Figure 3: Proposed site plan for Collier County Spoils and Events Complex in Collier County, FL. 27 94 Figure 4: Potential Florida bonneted bat roost trees identified on the Collier County Sports and Events Complex project site in Collier County, FL, 28 95 Figure 5: Locations of acoustic survey stations on the Collier County Sports and Events Complex in Collier County, FL. 29 Figure 6: Location of bat houses and acoustic stations on the Collier County Resource Recovery Park preserve area in Collier County, FI., ME 97 Figure 8: Panther mortalities within the 25 -mile action area for the proposed Collier County Sports and Events Complex in Collier County, f, L. 32 a p I c)j o . t � II IIp ^ �! x.,398 a dotm riM AADT �usI after project, complefloi 0tlfd/`a adhm.�u ar W s s YIN Old E 7i Figure 9: Projected traffic distribution from the proposed Collier County Sports Complex in Collier County, unty, FL. 33 100 Florida Bonneted Bat Artificial Roost Construction and Installation Instructions Artificial roosts for Florida bonneted bats (FBB) consist of two bat boxes attached to a pole with the boxes at least 25 ft high (see Figure 1). Mounting directly on trees has not proven successfully, neither has boxes placed below 2 stories high. Poles should be at least 35 ft -long, high grade class 5 hardened wood utility poles. The poles should be installed to a depth of around 7-9 ft, and the FBB boxes should be between 26 ft and 28 ft above ground. FBB boxes should be placed back to back, with one facing north and one facing south, mounted with lag bolts and washers, ensuring each would get sun exposure during the day. FBB box design is based on instructions in Figures 2 - 4, with some modifications noted on the drawings and below. The box can be constructed from plywood, a combination of exterior plywood (ACX, BCX, or TI -1 1 grade) and cedar, or solid, rough -cut wood pieces (if cypress is used, staining would not be necessary in most locations). If plywood is used, it should be at least 1/2 -inch thick with at least four plies. Do not use pressure -treated wood. Any screws, hardware, or staples used must be exterior grade (galvanized, coated, stainless, etc). Screws are recommended over nails. A latex caulk should be used for all seams, especially around the roof. Modifications to note include scoring the back panel instead of stapling plastic mesh to prevent the staples from rusting and resulting in mesh failure. The grooves created from the scoring provide structure for the bats to hang on to. Vents can be drilled into the side panels with a Y2 inch drill instead of the angled cut at the top of the panel. The side panel should not extend below the entrance of the box on the bottom. For the exterior, apply three coats of exterior grade, water-based paint, or stain. Based on the average high temperatures in July (90° to 100° F), a medium brown color is recommended (Figure 5). This would depend upon the amount of sun exposure; adjust to darker colors for less sun. We want to avoid the temperature getting too high inside the bat boxes. For the interior, use two coats of a dark, exterior grade, water-based stain. Do not use paint on the inside of the boxes as it may fill the grooves, making them unusable. The stain should be applied after creating the grooves. FBB boxes should be placed 20-30 ft away from any obstructions (trees, foliage, buildings, etc.) to help keep predators out and provide the open space needed for their greater drop distances when emerging from open bottom boxes. Avoid placing the boxes where pets or people may come into contact with the base of the pole. Also consider preserve maintenance activities when placing the boxes (away from where pesticides will be used, protected from controlled burns, etc.). Smooth flashing (aluminum suggested to prevent rusting) should be placed about 6 ft up on the pole to help keep predators and other small animals from climbing the poles. a Status of the Species - Florida bonneted bat U.S. Fish and Wildlife Service February 2016 STATUS OF THE SPECIES -- Florida bonneted bat (Eurrzops.floriclanus) Legal status - Federal: cmlungerecl, 2013; State: e1'7&117( -'('1T(1 The U.S. Fish and Wildlife Service (Service) proposed to list the Florida bonneted bat under the Endangered Species Act of 1973, as amended in 1998 (Act) (87 Stat. 884; 16 U.S.C. 1531 ct seq.), on October 4, 2012 (Service 2012). The final listing determination published on October 2, 2013, and became effective November 1, 2013 (Service 2013). This species is also listed as "Federally -designated endangered" on the Florida List of Endangered and Threatened Species under the Florida Administrative Code (Chapter 68A-27 rules (68A-27.0011 and 68A-27.003)). Critical habitat has not been designated for this species. Species Description Appeaiwnce/Morpholok The Florida bonneted bat is a member of the Molossidac (free -tailed bats) family within the order- Chiroptera. The species is approximately 130 to 165 millimeters (rnm) (5.1 to 6.5 inches (in) in length (Timm and Genoways 2004) and the largest bat in Florida (Owre 1978; Belwood 1992; Florida Bat Conservancy [FBC] 2005). The length of the tail ranges from 46 to 57 mrn (1.8 to 2.2 in), hind foot I 1 to 15 mm (0.4 to 0.6 in), ear 20 to 30 mm (0.8 to 1.2 in), and forearm 60.8 to 66.0 rnm (2.39 to 2.60 in) (Timm and Genoways 2004). Masses average 39.7 grams (g) (1.4 ounces [oz]) and range from 30.2 to 46.6 g (I.I to 1.6 oz) (Owre 1978; Belwood 1981; Belwood 1992; Timm and Genoways 2004). A pregnant female with a single fetus weighed 55.4 g (2.0 oz) (Belwood 1981). Males and females are not significantly different in size (Timm and Genoways 2004). Timm and Genoways (2004) found no pattern of size -related geographic variation in this species. Members of the genus Ewnops have large, rounded pinnae (ears), arising from a single point or joined medially on the forehead (Best et al. 1997). The common name of "bonneted bat" originates from characteristic large broad ears, which project forward over the eyes (FBC 2005). Ears are joined at the midline of the head. This feature, along with its large size, distinguish the Florida bonneted bat from the smaller Brazilian (=Mexican) fi-ee-tailed bat (Rularicla br(rsilicnsis) (Belwood 1992). Wings of the members of the genus Eunzops are among the narrowest of all molossids (Freeman 1981, as cited in Best et al. 1997) and are well -adapted for rapid, prolonged flight (Vaughan 1959, as cited in Best et al. 1997). This wing structure is conducive to high-speed flight in open areas (Findley et al. 1972, as cited in Best et al. 1997). 107 The Florida bonneted bat's fur is short and glossy, with hairs sharply bicolored with a white base (Belwood 1992; Timm and Genoways 2004). Like other molossids, color is highly variable; color varies from black to broNvii to brow nish-gray or cinnamon brown with ventral pelage paler than dorsal (Owre 1978; Belwood 1992; Timm and Genoways 2004). The basisphenoid pits (paired depressions in the basisphenoid bone) of the skull are ovoid (egg-shaped) and moderately deep (Timm and Genoways 2004). The tail projects beyond the interfemoral membrane (skin that stretches between the legs) (Owre 1978; Belwood 1992), Taxonomy The Florida bonneted bat (Tr mol2s.floriclunus) was previously known as Florida mastiff bat, Wagner's mastiff bat, and mastiff bat (L. () lauchms.floriclanits) (Owre 1978; Belwood 1992; Best et al. 1997). While earlier- literature found the Florida bonneted bat distinct at the subspecies level, the most current scientific information confirms that r. floriclanus is a full species, and this taxonomic change has been accepted by the scientific community (Timm and Genoways 2004; McDonough et al. 2008; R. Timm, pers. comm. 2008, 2009; in lily. 2012; Baker et al. 2009). The International UnioIn for Conservation of Nature and Natural Resources (Timm and Arroyo- Cabrales 2008), the Florida Natural Areas Inventory (FNAI) (2015), and the Florida Fish and Wildlife Conservation Commission (FWC) use the name L. floridanus. Life History Relatively little is known about the Florida bonneted bat's life history. Lifespan is not known. Based upon the work of Wilkinson and South (2002), Gore et al. (2010) inferred a lifespan of 10 to 20 years for the Florida bonneted bat, with an average generation time of 5 to 10 years. The Florida bonneted bat has a fairly extensive breeding season during summer months (Timm and Genoways 2004). The maternity season for most bat species in Florida occurs from mid- April through mid-August (Marks and Marks 2008a). During the early portion of this period, females give birth and leave young in the roost while they snake multiple foraging excursions to support lactation (Marks and Marks 2008a). During the latter portion of the season, young and females forage together until the young become sufficiently skilled to forage and survive on their own (Marks and Marks 2008a). The Florida bonneted bat is a subtropical species, and limited data suggest the species may be polyestrous (leaving more than one period of estrous in a year) (Timm and Genoways 2004; Florida Bat Conservancy [FBCj 2005). Recent studies at Babcock - Webb Wildlife Management Area (WMA) in 2014 have helped document pregnant bonneted bats in April with pups born in May (H. Ober, pers. comm. 2014x; J. Myers, pens. comm. 20I4a— c). Preliminary data from the same site also suggest a prolonged maternity season, as some pregnant and post-Iactating females were observed in late August (H. Ober, pers. coram. 2014b). Pups were also observed within a known natural roost at Avon Park Air Force Range (APAFR) in mid-October (B. Scofield, pers. comm. 2014, P. Halupa, pers. obs. 2014b). The full extent of the maternity season is not well understood, but is a time of particular sensitivity, with increased energy demands and risks as females leave young in roosts while making multiple foraging excursions to support lactation (Kurta et al. 1989; Kurta et al. 1990; Kunz et al. 1995; Marks and Marks 2008a; H. Ober, pers. comm. 2014c). Exploitation of insects in patches that yield high energy returns for pregnancy and lactation is important (Kunz et al. 1995). Reduced insect populations in urban areas may make it difficult for females to successfully raise offspring to maturity (Kuria et al. 1990; Kurta and Teramino 1992). Information ori reproduction and 2 108 demography is sparse. The Florida bonneted bat has low fecundity, litter size is one (FBC 2005; Timm and Arroyo-Cabrales 2008). At present, only three active, natural roost sites are known, and only limited information on historical sites is available. Based upon limited information, the species roosts singly or in colonies consisting of a male and several females (Belwood 1992). G.T. Hubbell believed individuals in Miami roosted singly (Belwood 1992). However, Belwood (198 1) suggested a colony, consisting of seven females and one male using a longleaf pine cavity as a roost site in Punta Gorda, was a hareRn group, based on its sex ratio. Belwood (1981; 1992) suggested this behavior has been recorded in a few bat species and such social groupings may be facilitated by roosting in tree cavities, which can be defended from other males (Morrison 1979). Few details are available for the composition of the currently known active natural roosts. At APAFR, approximately 22 bats emerged frons the roost in October 2014, with several others including young remaining at the roost after emergence (P. Halupa, pees. obs. 2014b). At Florida Panther National Wildlife Refuge (FPNWR), 12 bats emerged from the roost tree on 2 consecutive nights in July 2015, with others, possibly pups, remaining in the roost after emergence (E. Braun de Torrez, pees. comm. 2015). At Big Cypress National Preserve (BCNP), 1 1 bats emerged from a natural roost in December 2015 (R. Arwood, pees. comm. 2015). Information on roosting habits from artificial structures is also limited. The Florida bonneted bat colony using bat houses on private property in Lee County consisted of 8 to 25 individuals, including one albino (S. Trokey, pers. comm. 2006a, 2006b; 2008a, 2008b; 2012). Sex ratio is not known. Some movement between the houses has been observed (S. Trokey, Pers. comm. 2006a). Periodic simultaneous counts taken at bat houses at Babcock -Webb WMA and recent research suggest that use fluctuates among the seven roost sites (artificial structures) (FWC, in lilt. 2012; J. Myers, pegs. comm. 2013, 2014a—b, d, 2015 ). Simultaneous counts taken at bat houses at emergence from 2012 to 2014 indicated that Florida bonneted bat roosts are generally small, occupied by 1-14 individuals, except for one location which generally supports 25-44 individuals among two houses (J. Myers, pers. comm. 2013, 2014b). It is not known if there is movement between houses and unknown natural roosts within Babcock -Webb WMA. The Florida bonneted bat is active year-round and does not have periods of hibernation or torpor. The species is not migratory, but there might have been seasonal shifts in roosting sites (Timm and Genoways 2004). Belwood (1992) reported that, prior to 1967, G.T. Hubbell routinely obtained several individuals per year collected during the winter from people's houses. Precise foraging and roosting habits and long-term requirements are unknown (Belwood 1992). Active year-round, the species is Iikely dependent upon a constant and sufficient food supply, consisting of insects, to maintain its generally high metabolism. Based upon limited information, Florida bonneted bats feed on flying insects of the following orders: Coleoptera (beetles), Diptera (true flies), Hemiptera (true bugs), and Lepidoptera (moths) (Belwood 1981; Bclwood 1992; FBC 2005). An analysis of bat guano (droppings) from the colony using the pine flatwoods in Punta Gorda indicated the sample (by volunne) contained coleopterans (55 percent), dipterans (15 percent), and herniptcrans (10 percent) (Belwood 1981; Belwood 1992). More recent analyses of bat guano collected frown occupied bat houses at Babcock -Webb WMA indicated that the samples contained high percentages of Lepidoptera and Coleoptera (Marks 2013). 3 a Molossids, in general, seem adapted to fast flight in open areas (Vaughan 1966). Various morphological characteristics (e. g., narrow wings, high wing -aspect ratios [ratio of wing length to its breadth]) make l.i.d11 ojJ s well -adapted for efficient, rapid, and prolonged flight in open areas (Findley et al. 1972; Freeman 1981; Norberg and Rayner 1987; Vaughan 1959, as cited in Best et al. 1997). Barbour and Davis (1969) noted that the species flies faster than smaller bats, but cannot maneuver as well in small spaces. Belwood (1992) stated E. glaucinus is "capable of long, straight, and sustained flight," which should allow individuals to travel large distances. Norberg and Rayner (1987) attributed long distance flights of Brazilian free -tailed bats to their high wing -aspect ratios, with that species capable of traveling 65 kilometers (km) (40 miles[m]) from its roosting site to its foraging areas (Barbour and Davis 1969). Like other molossids, the Florida bonneted bat's morphological characteristics make it capable of dispersing large distances and generally adapted for low cost, swift. long distance travel from roost site to foraging areas (Norberg and Rayner 1987; K. Gillies, in lift. 2012; H. Ober, in litf. 2012). Given this, it seems likely that foraging areas may be located fairly long distances from roost sites (H. Ober, in hitt. 2012). Nonetheless, average foraging distances for the Florida bonneted bat are not known (G. Marks, pees, comm. 2012). Although the species can fly long distances, it likely does not travel farther than necessary to acquire flood needed for survival (G. Marks, pers. comm.n 2012). Bonneted bats are "fast hawking" bats that rely on speed and agility to catch target insects in the absence of background clutter, such as dense vegetation (Simmons et al. 1979; Belwood 1992; Best et al. 1997). Foraging in open spaces, these bats use echolocation to detect prey at relatively long range, roughly 3 to 5 m (10 to 16 feet [ft]) (Bclwood 1992). Based upon information from G.T. Hubbell, Belwood (1992) indicated that individuals leave roosts to forage after dark, seldom occur below 10 rn (33 ft) in the air, and produce loud, audible calls when flying; calls are easily recognized by some humans (Belwood 1992; Best et al. 1997; Marks and Marks 2008a). Relatively little is known of the ecology of the Florida bonneted bat, and long-term habitat requirements are poorly understood (Robson 1989; Robson et al. 1989; Belwood 1992; Timm and Genoways 2004). Habitat for the Florida bonneted bat mainly consists of foraging areas and roosting sites, including artificial structures. At present, only three active, natural roost sites are known, and only limited information on historical sites is available. Recent information on foraging habitat has been obtained largely through acoustical surveys, designed to detect and record bat echolocation calls (Marks and Marks 2008a). Acoustical methods have generally been selected over mist netting as the primary survey methodology because this species flies and primarily forages at heights of 9 m (30 ft) or more (Marks and Marks 2008a). The Florida bonneted bat has a unique and easily identifiable call. While most North American bats vocalize echolocation calls in the ultrasonic range that are inaudible to humans, the Florida bonneted bat echolocates at the higher end of the audible range, which can be heard by some humans as high-pitched calls (Marks and Marks 2008a). Most surveys conducted using acoustical equipment can detect echolocation calls within a range of 30 m (100 ft); call sequences are analyzed using software that compares calls to a library of signature calls (Marks and Marks 2008a). Florida bonneted bat calls are relatively easy to identify because calls are issued at frequencies well below that of other Florida bat species (Marks and Marks 2008x). 9 110 More recently, radio -telemetry studies in natural environments arc being used as part of studies to close data gaps on the Florida bonneted bat to better understand the species and its relationship and response to fire (Ober and McCleery 2012; A. Bailey, pens. comm. 2013; H. Ober, Pers. comm. 2013). Results from a Iimited pilot study testing the tolerance and effectiveness of transmitters on three female bonneted bats at Babcock -Webb WMA in December 2014 indicated that individuals foraged several miles from then' roosts (H. Ober, pers. comm. 2014d; E. Braun de Torrez, pers. comm. 2014). Habitat Relatively little is known of the ecology of the Florida bonneted bat, and long-term habitat requirements are poorly understood (Robson 1989; Robson et al. 1989; Belwood 1992; Timm and Genoways 2004). Habitat for the Florida bonneted bat mainly consists of foraging areas and roosting sites, including artificial structures. At present, only three active, natural roost sites are known, and only limited information on historical sites is available. Roosting and foraging areas appear varied, with the species occurring in forested, suburban, and urban areas (Timm and Arroyo-Cabrales 2008). Florida bonneted bats are closely associated with forested areas because of their tree -roosting habits (Robson 1989; Belwood 1992; Eger 1999), but specific information is limited. Eger (1999) noted that in forested areas, old, mature trees are essential roosting sites for this species. Recent acoustical data and other- information indicate that the Florida bonneted bat uses forests and a variety of other natural areas. Echolocatiotl calls have been recorded in a wide array of habitat types: pine flatwoods, pine rocklands, cypress, hardwood hammocks, scrubby flatwoods, mixed shrubs, mangroves, wetlands, swamps, rivers, lakes, ponds, canals, developed park Iands, groves, tropical gardens, disturbed nonnative areas, rural lands, residential areas, and urban landscapes (R. Arwood, pers. comm. 2008a—b, 2012, 2013a --c, 2014a—d; Marks and Marks 2008a—c; 2012; Smith 2010; S. Snow, pers. comm. 2011 a—b, 2012a—g, 2013; in lilt. 2012; M. Owen, Pers. comm. 2012a—b; R. Rau, Pers, comm. 2012; Maehr 2013; S. Maehr, Pers. comm. 2013a—b; K. Relish, pers. comm. 2013; F. Ridgley, pens. comm. 2013a—d; 2014a—c; B. Scofield, pegs. comm. 2013a—f; K. Smith, pegs. comm. 2013). One of the few historical roost sites used by a small colony of Florida bonneted bats used a longleaf pine (Pinus palustris) cavity that had been excavated by a red -cockaded woodpecker (RCW) (Picoicles borealis) and later enlarged by a pileated woodpecker (DIyocrtprrs pileatus); the cavity was 4.6 In (15.1 ft) high (Belwood 198 I ). One known active natural roost at APAFR, discovered in 2013, is also in an enlarged cavity in a live longleaf pine; the cavity is 6.4 In (21 ft) high with a diameter at breast height (dbh) of 32.8 cin (12.9 in) (B. Scofield, pens. coram. 2013g-1; P. Halupa, pers. obs. 2014a). The known active natural roost at FPNWR, discovered in July 2015, is in a slash pine (Pinus ellrollri) snag; the cavity is —9 m (30 ft) high with a dbh of 27.4 crn (10.8 in) and seems to have been formed from a decaying knot or branch (E. Braun de Torrez, pers. comm. 2015). The known active natural roost at BCNP, discovered in December 2015, is also in an old woodpecker tree (slash pine snag); this cavity is also 9 in (30 ft) high (R. Arwood, pers. coram. 2015). Limited information suggests that the Florida bonneted bat may prefer large pines (live and dead) with woodpecker activity for potential roosting, at least in some areas. However, since data are limited, any large or mature trees with suitable structure (e.g., cavities, hollows, or loose/exfoliating bark) may represent potential habitat. In general, open, fresh water and wetlands provide prime foraging areas for bats (Marks and Marks 2008c). Bats will forage over ponds, streams, and wetlands and will drink when flying over open water (Marks and Marks 2008c). During dry seasons, bats become more dependent on remaining ponds, streams, and wetland areas for- foraging purposes (Marks and Marks 2008c). The presence of roosting Habitat is critical for day roosts, protection from predators, and the rearing of young (Marks and Marks 2008c). For most bats, the availability of suitable roosts is an important, limiting factor (Humphrey 1975). Bats in south Florida roost primarily in trees and manmade structures (Marks and Marks 2008a). Protective tree cover around bat roosts may be important for predator avoidance and allowing earlier emergence from the roost, thereby allowing bats to take advantage of the peak in insect activity at dusk and extend foraging time (Duverge ct al. 2000). The Florida bonneted bat also uses human structures and other non -natural environments. Florida bonneted bats have been found in the shafts of royal palm leaves (Belwood 1992), under Spanish tile roofs on dwellings (Belwood 1992), in buildings (e.g., in attics, rock or brick chimneys of fireplaces, and especially buildings dating from about 1920-1930) (Timm and Arroyo-Cabrales 2008), in rocky crevices and outcrops on the ground (Timm and Genoways 2004), at golf courses in urban Coral Gables (Marks and Marks 2008a; 20086; 2012), at a boat dock (R. Arwood, pegs. comm. 2008a), at Zoo Miami and surrounding areas within urban public parks (Marks and Marks 2012; Ridgley 2012; F. Ridgley, Pers. comm. 2013x, 2013b), and within tropical gardens (S. Snow, Pers. comm. 2011 b, 2012b, 20128; Marks and Marks 2012). Distribution Records indicating historical range are limited. Morgan (1991) indicated that E. glauchms had been identified fi-om four late Pleistocene (approximately 11,700 years ago) and Holocene (time period beginning 10,000 years ago) fossil sites in the southern half of the Florida peninsula. Late Pleistocene remains are known fi-om Melbourne, Brevard County, and Monkey Jungle Hammock in Miami -Dade County (Allen 1932; Martin 1977, as cited in Belwood 1981 and Timm and Genoways 2004; Morgan 1991). Holocene remains are known from Vero Beach, Indian River County (Ray 1958; Martin1977; and Morgan 1985, 2002, as cited in Timm and Genoways 2004; Morgan 1991), and also Monkey Jungle Hammock (Morgan 1991). The largest fossil sample (9 specimens) was reported from the Holocene straturn at Vero Beach (Morgan 1985, as cited in Morgan 1991). The fossil records fi-om Brevard County and Indian River County are considerably farther north than where living individuals have typically been recorded (Timm and Genoways 2004; Marks and Marks 20086). Most of the historical records and sightings for this species are several decades old frorn the cities of Coral Gables and Miami in extreme southeastern Florida, where the species was once believed to be common (Belwood 1992; Timm and Genoways 2004; Timm and Arroyo-Cabrales 2008). G.T. Hubbell also reported a female with young from Fort Lauderdale in Broward County; all of his sightings of Florida bonneted bats were near human dwellings (Belwood 1992). Prior to 1967, G.T. Hubbell regularly heard loud, distinctive calls at night as the bats foraged above buildings, and he routinely obtained several individuals per year that were collected during the winter months fi-om people's houses (Belwood 1992). Other- early literature also mentioned Fort Lauderdale as an area where the species occurred (Barbour and Davis 1969; Belwood 1992). However-, in their comprehensive review, none of the specimens examined by Timm and Genoways (2004) were from 6 m Broward County. Belwood (1981) found a colony in Punta Gorda; liowever, the longleaf pule in which the bats roosted was felled during highway construction. Recent specimens are only known from extreme southern and southwestern Florida, including Miami -Dade County on the east coast and Charlotte, Collier, and Lee Counties on the Gulf coast (Timis and Genoways 2004). Endemic to Florida, the Florida bonneted bat has one of the most restricted distributions of any species of bat in the New World (Selwood 1992; Timm and Genoways 2004). Although numerous acoustical surveys for the Florida bonneted bat have been conducted in the past decade by various parties, the best scientific information indicates that the species exists only within a very restricted range, confined to south Florida (Timm and Genoways 2004; Marks and Marks 2008a, 2012). Based upon available infornlation, the Florida bonneted bat appears to be restricted to south, southwest, and south-central Florida. The core range may primarily consist of habitat within Charlotte, Lee, Collier, Monroe, and Miami -Dade Counties. Recent data also indicate use of portions of Okeechobee, Polk, DeSoto, Hendry, and Broward Counties and possible use of areas within Glades and Highlands Counties. Population Dynamics Little information exists on historical population levels. The Florida bonneted bat was considered common in the Miami -Coral Gables area because of regular collection of specimens from 1951 to 1965 (Robson I989; Belwood 1992). Jennings (1958) indicated the species was not abundant, noting a total of 20 individuals had been taken from 1936 to 1958. Prior- to 1967, G.T. Hubbell regularly heard loud, distinctive calls at night as the bats foraged above buildings in the Miami area (R. Timm, pers. comm. 2012), and lie routinely obtained several individuals per year that were collected from people's houses (Belwood 1992). Barbour and Davis (1969) indicated that, on average, about two individuals per year were brought to the Crandon Park Zoo in Miami, due to injuries, but no time period was specified. Unpublished data frorn a survey of 100 pest control companies in 1982 on the southeastern coast of Florida showed that requests to remove "nuisance" bats from this area all but ceased beginning in the 1960s (Belwood 1992), indicating a sharp decline in bats in general. Timm and Genoways (2004) found only three records of Florida bonneted bats in the greater Miami area after 1965. The colony found near Punta Gorda in 1979 appeared to be the only recorded occurrence since 1967 (Belwood 1981). A 6 -week field trip in 1980 to locate other occurrences was unsuccessful and led to the belief this species was "probably extinct in Florida" (Belwood 1992). No new evidence of this species was found from 1979 until 1988 when Robson et al. (1989) found a pregnant female in Coral Gables (Robson 1989). Timm and Genoways (2004) surmised the Florida bonneted bat may have been uncommon for several decades, based upon the work of previous researchers (Barbour 1945, as cited in Timm and Genoways 2004; Jennings 1958; Layne 1974), who noted the scarcity of bats in southern Florida. Owre (1978) observed fewer- than a dozen individuals in roughly 25 years and noted few marnrnalogists had success in finding the species. Robson (1989) indicated the decline of specimens and sightings in the mid-1960s is reflected in the museum record and noted the 1950s and 1960s was a period of rapid growth in the Miami area. Robson (1989) suggested the resulting disturbance and destruction of native habitat may have flushed a large number of specimens out of established roosts, resulting in a high collection rate. A status survey 7 113 conducted in 1989, encompassing 25 sites within natural areas within a mine county area, found no new evidence of this species (Robson 1989). Based upon available data and information, the Florida bonneted bat occurs within a restricted range and in apparent low abundance (Marks and Marks 2008a; 2012; Tinini and Arroyo- Cabrales 2008; FWC 201 la; FWC 201 1b; R. Tinlm, Pers. comm. 2012, in lilt. 2012). Actual population size is not known, and no population viability analyses are available (FWC 201 1a-, 2013; K. Bohn, in lilt. 2012). However, population size is thought to be less than that needed for optimum viability (Timin and Arroyo-Cabrales 2008; K. Bohn, in lilt. 2012). As part of their evaluation of listing criteria for the species, Gore et al. (2010) found the extent of occurrence appears to have declined on the cast coast, but trends on the west coast could not be interred due to limited information. In his independent review of the FWC's Biological Status Report, Ted Fleming, Emeritus Professor of biology at University of Miami, noted anecdotal evidence from the 1950s and 1960s suggests this species was more common along Florida's southeast coast compared with the present (FWC 201 1b). Fleming stated, "There can be no doubt that E.,Jloricic11711s is an uncommon bat throughout its very small range. Its audible echolocation calls are distinctive and easily recognized, snaking it relatively easy to survey in the field" (FWC 201 lb). He also stated he does not doubt the total State population numbers "in the hundreds or low thousands" (FWC 2011 b). Similarly, in response to a request for information as part of the Service's annual Candidate Notice of Review, Robert Timm (pees. comm. 2012), Curator of Mammals at Department of Ecology and Evolutionary Biology and Biodiversity Institute at the University of Kansas, indicated that numbers are low, in his view, as documented by survey attempts. "Eumops are very obvious bats where they occur because of their large size and distinctive calls. Given the efforts to locate them throughout southern Florida, if they were there in any significant numbers, they would have been located" (R. Timm, pers. connm. 2012). Results of the 2006-2007 range-wide survey suggested that the Florida bonneted bat is a rare species with limited range and low abundance (Marks and Marks 2008a). Based upon results of both the range-wide study and survey of select public lands, the species was found at 12 locations (Marks and Marks 2008b), but the number and status of the bat at each location are unknown. Based upon the small number of locations where calls were recorded, the low numbers of calls recorded at each location, and the fact that the species forms small colonies, Marks and Marks (2008a) stated that it is possible that the entire population of Florida bonneted bats may number less than a few hundred individuals. Results of the 2010 to 2012 surveys and additional surveys by other researchers identified new occurrences within the established range (i.e., within Miami area, areas of Everglades National Park [ENP] and BCNP) (S. Snow, Pers. comm. 2011 a, 2011 b, 2012; R. Arwood, pegs. comm. 2012; Marks and Marks 2012), however, not in sufficient numbers to alter previous population estimates. In their 2012 report on the status of the species, Marks and Marks (2012) provided an updated estimation of population size, based upon 120 nights of surveys at 96 locations within peninsular Florida, results of other known surveys, and personal communications with others involved in Florida bonneted bat work. Based upon an average colony size of I 1 and an estimated 26 colonies within the species' range, researchers estimated the total Florida bonneted bat population at 286 bats at that time (Marks and Marks 2012). Since that time, the discovery of 8 114 the three natural roost sites and the continuation of additional research at occupied bat houses has provided opportunities for more quantitative emergence counts. This suggests that previous estimates of hundreds to a few thousand might be more representative of population size, In summary, we cannot accurately estimate population size at this time. This is in part because so few roosts arc known, roost switching can occur, emergence counts arc not conducted simultaneously (or even at the same time of year), and precise counts are difficult to obtain due to environmental conditions and the propensity for some individuals to remain within roosts during counts. Threats The uncertainty regarding the Florida bonneted bat's specific habitat needs and requirements (i.e., location of roost sites) arguably contributes to the potential impacts from the following threats by increasing the likelihood of inadvertent impacts to and losses of habitat. Present or Threatened Destruction, Modification or Curtailment of'its Habitat or Range Loss (#'Poresteci Habitat and Other Lund Use Changes Loss of native forested habitat and roost sites are major threats to the Florida bonneted bat (Belwood 1992; Timm and Arroyo-Cabrales 2008). The retention of old trees with hollows and cavities are particularly important to this species. In natural areas, this species may be impacted when forests are converted to other uses or when old trees with cavities are removed (Belwood 1992; Timm and Arroyo-Cabrales 2008). Significant land use changes have occurred through time in south Florida, including major portions of the species' historical and current range. In his examination of Florida's land use history, Solecki (2001) stated that tremendous land use changes took place from the early 1950s to the early and mid-1970s. The human population in south Florida increased from fewer than 20,000 people in 1920, to more than 4.6 million by 1990 (Solecki 2001). The population of Miami -Dade County, one area where the Florida bonneted bat was historically connnon, increased from fewer than 500,000 people in 1950, to more than 2.6 million ill 2014 (http://quickfacts. census. gov). In one projection, all counties with current Florida bonneted bat occurrences were forecasted to increase in human population density, with most counties expected to grow by more than 750 people per square mile by 2060 (Wear- and Greis 2011). As a result of the growth in human population, approximately 90 percent of the forested habitats in Florida have been altered or eliminated, and losses are expected to continue (Wear and Greis 2002). In the Southern Forest Resource Assessment, Florida was identified as one of the areas expected to experience substantial losses of forest in response to human population and changes in income (Wear and Greis 2002). Land Management Practices Although species occurrences on conservation lands are inherently more protected than those on private lands, habitat alteration during management practices may impact natural roosting sites because the locations of such sites are unknown. For example, removal of old or live trees with cavities during activities associated with forest management (e.g., thinning, pruning), prescribed fire, exotic species treatment, or trail maintenance may inadvertently remove roost sites, if such 9 115 sites are not known. Loss of an active roost or removal during critical life -history stages (e. (,., when females are pregnant or rearing young) can have severe ramifications, considering the species' small population size, low fecundity, and roost site fidelity. Loss n_l'ArtfJieial Structures Since the Florida bonneted bat will use human dwellings and other artificial structures, it is also vulnerable to habitat loss and alteration in urban environments (Belwood 1992; Tinlin and Arroyo-Cabrales 2008). Removal of buildings with spaces suitable for roosting is a threat to this species (Tine n and Arroyo-Cabrales 2008). Robson (1989) stated that seemingly innocuous activities like destroying abandoned buildings and sealing barrel -tile roof shingles may have a severe impact on remaining populations in urban areas. The use of buildings or other structures inhabited by or near humans places bats at risk of inadvertent or purposeful removal and displacement. Disease or Pretlation The effects of disease and predation are not well known. Given the Florida bonneted bat's overall vulnerability, both disease and predation could pose threats to its survival. White -nose syndrome (WNS) is an emerging infectious disease affecting insectivorous, cave -dwelling bats. WNS is caused by the cold -loving fungus, Geon? 'y •es clesfruetans, a newly described fungus, and is named after the white fungal growth that often occurs oil the muzzle of affected bats (Gargan et al. 2009; Lorch et al. 2011). In North America, G. de.struclans appears to infect bats only during winter hibernation. Because the Florida bonneted bat spends its entire life cycle outside of caves and mines and in subtropical environments where no torpor or hibernation is required, we do not anticipate that it will be adversely affected by WNS. However, since the fungus is new to science and North America, it is not known how it may evolve or change in the future. At this time, it is difficult to assess whether disease is currently or likely to become a threat to the Florida bonneted bat. With anticipated climatic changes and increased environmental stress, it is possible that disease will have a greater impact on the Florida bonneted bat in the future. In general, animals such as owls, hawks, raccoons, skunks, and snakes prey upon bats (Harvey et al. 1999). However, few animals consume bats as a regular part of their diet (Harvey et al. 1999). There is only one record of natural predation on the Florida bonneted bat (Timm and Genoways 2004). A skull of one specimen was found in a regurgitated owl pellet at the Fakahatchee Strand Preserve State Park (FSPSP) in June 2000 (Times and Genoways 2004; C. Marks, pegs. comm. 2006; Marks and Marks 2008a; M. Owen, pens. coning. 2012a, 2012b). Although evidence of predation is lacking, the species is presumably affected by some level of predation from native wildlife (e.g., hawks, owls, raccoons, rat snakes) and the large number of introduced and nonnative reptiles (e.g,, young Burmese pythons, boa constrictors) (Klysko et al. 2011; M. Ludlow, in lift. 2012; R. Timm, in lift. 2012). Giant constrictors are habitat generalists, can grow and reproduce rapidly, and are arboreal when young, placing birds and arboreal InainInals, such as bats, at risk ,IGS',{g,5. Due to limited information, we are not able to determine the extent to which predation may be impacting the Florida bonneted bat at this time. However, given the species' apparent small population size and overall vulnerability, it is reasonable to assume that predation is a potential threat, which may increase in the future. 10 E Other Natural or Maninade Factors A f f eting its Confronted E.vistence Inadvertent eind Purposef d ImInicis fi-o1?? Humans In general, bats using old or abandoned and new dwellings are at significant risk. Bats are often removed when they are no longer tolerated by humans or inadvertently killed or displaced when structures are demolished. Adverse human impacts on bats involve direct killing, persecution, vandalism, and disturbance of hibernating and maternity colonies (Harvey et al. 1999). Homeowners and professionals use a variety of methods to remove bats, including lethal means. Even when attempts are made to remove bats humanely, bats may be sealed into buildings. Despite regulations and efforts to raise awareness, in some situations, bats are still likely removed through inhumane and prohibited methods (e.g,, removed from roosts with vacuum cleaner—like apparatuses) and excluded from artificial roost sites during sensitive time periods (e.g., inside the maternity season before young are volant (capable of flying)) (A. Kropp, pees. comm. 2009). Since roosting sites are largely unknown, the potential to remove and exclude Florida bonneted bats from human dwellings and artificial structures, either inadvertently or accidentally, is high. Despite regulatory protections provided under Federal and Florida Iaws, direct and indirect threats from humans continue, especially in urban, suburban, and residential areas. Bonneted bats using urban or suburban areas may be negatively impacted by activities such as: routine landscaping, removing dead pine or royal palm trees, pruning or trimming trees (especially cabbage palms), scaling barrel -tile roof shingles with mortar, destroying abandoned buildings, and clearing lots of native vegetation (Robson 1989). As the species may also use palm fronds for roosting, the trimming of fronds and removal of mature palm trees for landscaping may negatively impact individuals (K. Gillies, in liti.2012). Disturbance to summer maternity colonies of bats is extremely detrimental (Harvey et al. 1999). In general, maternity colonies of bats do not tolerate disturbance, especially when flightless newborns are present (Harvey et al. 1999). Newborns or immature bats may be dropped or abandoned by adults if disturbed (Harvey et al. 1999). In short, wherever this species occurs in or near human dwellings or structures, it is at risk of inadvertent or purposeful removal, displacement, and disturbance. Routine maintenance and repair of bridges and overpasses or other infrastructure are potential threats. Bats can use highway structures either as day or night roosts (Keeley and Tuttle 1999). An estimated 24 of the 45 species of bats in the United States have been documented to use bridges or culverts as roosts, and 13 other bat species are likely to use such structures based upon their known roosting preferences (Keeley and Tuttle 1999). To date, the Florida bonneted bat has not been documented to use these structures. However, like other molossids, bonneted bats can potentially use these structures for roosting (Keeley and Tuttle 1999). When bridges and overpasses are cleaned, bats may be subjected to high water pressure from hoses, which likely results in injury or death (C. Marks, pers. comm. 2007). Incidences involving high pressure water hoses have reportedly decreased in Florida, and the FDOT is working with FWC to increase their efforts to protect bats during maintenance and repair activities at bridge sites with bats (FWC, in lite. 2012). Col l)elltdon Jor Tree Caleb(?. 117 Suitable natural roost site; in south Florida appear limited, and competition for available tree cavities may be greater now than historically. In 1992, Belwood (1992) stated that tree cavities were rare in southern Florida and that competition for available cavities from native wildlife (c.g., southern flying squirrel, red-headed woodpecker, corn snake) was intense. Competition for cavities since that time has presumably increased, due largely to continued loss of cavity trees and habitat and the influx of nonnative or introduced species, which vie for available roosting or nesting locations. Prol)osed l'1 ind Energy f [chili's Migratory, tree -dwelling, and insectivorous bat species are being killed at wind turbines in large numbers across North America (Kunz et al. 2007; Cryan and Barclay 2009). Based upon data modified from Johnson (2005, as cited in Arnett et al. 2008), researchers found that the Brazilian free -tailed bat comprised 85.6 percent of bat mortalities noted at a wind energy facility in Woodward, Okiahorna, and 41.3 percent of bat mortalities at a High Wind, California, wind energy facility. Since the Florida bonneted bat is also a free -tailed bat, it may demonstrate some similar behaviors that place it at risk when encountering wind energy facilities. The cause of bat mortality at wind energy facilities is not a simple one of direct contact with blades or towers. Baerwald et al. (2008) found that barotrauma is the cause of death in a high proportion of bats found at wind energy facilities. Barotrauma involves tissue damage to air— containing structures (such as lungs) caused by rapid or excessive pressure change; wind turbine blades may create zones of low pressure as air flows over thein. In their- examination, Baerwald et al. (2008) found 90 percent of the bat fatalities involved internal hemorrhaging consistent with barotrauma, suggesting that even if echolocation allows for bats to detect and avoid turbine blades, they may be incapacitated or killed by internal injuries caused by rapid pressure reductions that they cannot detect. While bat fatalities from wind energy facilities are well documented, potential impacts to the Florida bonneted bat are difficult to evaluate at this time, partly due to the uncertainty involving many factors (e.g., location of facilities, operations, foraging distance). Certain aspects of the species' status and life history may increase vulnerability to impacts from wind energy facilities. The species' small population and low fecundity make any additional potential sources of mortality cause for concern. The species' high and strong flight capabilities and fast -hawking foraging behavior may increase risk. Conversely, as the species is non -migratory, potential impacts from wind energy facilities may not be as great in magnitude as perhaps other- bat species that are migratory. Pestic kles and Coi?1C111?I1?ants The impacts of pesticides and other environmental contarninants on bat species are largely unstudied, particularly in the case of the Florida bonneted bat. The life history of the Florida bonneted bat may make it susceptible to pesticide exposure fi•orn a variety of sources. Mosquito control spraying activities commonly begin at dusk when mosquitoes are most active (litt ://NvNvw.miamidade. ovl )ublieworks/inose uito-s ra in >.as ). Because the Florida bonneted bat forages at dusk and after dark, the possibility exists for individuals to be directly exposed to airborne mosquito control chemicals or to consume invertebrates containing pesticide residues fi-om recent applications. Additionally, because the Florida bonneted bat has been documented 12 118 to roost in residential areas (Belwood 1992), it is possible for individuals to be exposed, either directly or through diet, to a variety of undocumented, localized pesticide applications conducted by homeowners. The potential exposure to or impacts of agricultural chemical application oil the Florida bonneted bat in Florida are largely unknown. A reduction in the number of flying insects is a potential secondary effect to consider when evaluating the Impact of pesticides oil the Florida bonneted bat. In his status survey for the Florida bonneted bat, Robson (1989) suggested that mosquito control programs are contributing to reduced food supplies for bats. In addition to pesticide exposure, mercury represents another potential threat to the Florida bonneted bat that has not been investigated. According to the National Atmospheric Deposition Program, the mercury deposition rate in south Florida is among the highest in the United States (hup://ncrdp.isivs.illinois.edu). The movement of mercury through the aquatic system and into the terrestrial food web through emergent invertebrates has been documented in other areas (Cristo] et al. 2008; Konkler and Haininerschinidt 2012). Assuming that a similar- mechanism is occurring in south Florida, coupled with high mercury deposition rates, the consumption of such invertebrates may constitute a pathway for the Florida bonneted bat to be exposed to mercury. Ecvlogiecil Light Pollution Depending upon scale and extent, ecological light pollution can have demonstrable effects oil behavioral and population ecology of organisms by: disrupting orientation (or causing disorientation), affecting movements (attraction or repulsion), altering reproductive behaviors, and influencing communication (Longcore and Rich 2004). The effects of artificial lighting on bats and their- prey have been partially studied. A wide array of insects have been found to be attracted to lights (Frank 1988; Eisenbeis and Hassel 2000; KoIligs 2000, as cited in Longcore and Rich 2004). Although the primary prey items for the Florida bonneted bat are not known, it is possible that artificial lighting may be affecting insect abundance or availability and prey base in some locations. Longcore and Rich (2004) suggested that increased food concentration at artificial light sources may be a positive effect for those species that can exploit such sources, but it also could result in altered community structure. The Florida bonneted bat's behavioral response to ecological light pollution has not been examined, and effects are not known. The species' fast -flight and long range flight capabilities may make it more able to exploit insects congregated at artificial light sources or more susceptible to risks associated with such responses (e.g,, increased predation or harm from humans). Effects of Sinall PolmIcition Size, Isolation, and Other E(ictors The Florida bonneted bat is vulnerable to extinction due to its small population size, restricted range, few occupied areas, low fecundity, and relative isolation. The Florida bonneted bat only occurs in south, southwest, and south-central Florida and only in limited numbers (Timm and Genoways 2004; Marks and Marks 2008a; 2008b; 2012). Based on the small number of locations where calls were recorded, the low numbers of calls recorded at each location, and the fact that the species forms small colonies, Marks and Marks (2008a) stated that it is possible that the entire population of Florida bonneted bats may number less than a few hundred individuals. Other experts suggested the population may be "in the hundreds or low thousands" (FWC 2011 b). In general, species with restricted ranges are often characterized by shall population 13 sizes and high habitat specialization and are, therefore, more vulnerable to stochastic, demographic, and environmental processes (Laude et al. 2003, as cited in Lee and Jetz 2011 Slow reproduction and low fecundity are also serious concerns because this species produces only one young at a time and roosts singly or in small groups (FBC 2005; Timm and Arroyo- Cabrales 2008). Assuming a lifespan of 10 to 20 years for bats of this size (Wilkinson and South 2002), the average generation time is estimated to be 5 to 10 years (Gore ct al. 2010). The small numbers within localized areas may also make the Florida bonneted bat vulnerable to extinction due to genetie drift (loss of unique genes through time), inbreeding depression (reduced fitness or survival due to low genetic diversity), extreme weather events (e.g., hurricanes), and random or chance changes to the environment (Laude 1988; Smith 1990) that can significantly impact its habitat. In general, isolation, whether caused by geographic distance, ecological factors, or reproductive strategy, will likely prevent the influx of new genetic material and can result in low diversity, which may impact viability and fecundity (Chesser 1983). Distance between subpopulations or colonies, the small size's of colonies, and the general low number of bats may slake reeolonization unlikely if any site is extirpated. Isolation of habitat can prevent recolonization from other sites and potentially result in extinction. The probability of extinction increases with decreasing habitat availability (Pimm et al. 1988; Noss and Cooperrider 1994; Thomas 1994; Kale 1996). Although changes in the environment may cause populations to fluctuate naturally, small and low density populations are more likely to fluctuate below a minimum viable population (i.e,, the ininirnurn or threshold number of individuals needed in a population to persist in a viable state for a given interval) (Shaffer 1981; Shaffer and Samson 1985; Gilpin and Soule' 1986). If populations become fragmented, genetic diversity will be lost as smaller populations become more isolated (Rossiter et al. 2000). Fragmentation and aspects of the species' natural history (e.g., reliance on availability of suitable roost sites, constant supply of insects) can contribute to and exacerbate other- threats facing the species. Envi 'oninental Stochaslicit}) Natural events such as severe hurricanes may cause the loss of old trees with roosting cavities (Timni and Genoways 2004). Major impacts of intense storms inay include mortality during the storm, exposure to predation immediately following the storm, loss of natural or artificial roost sites, and impacts on foraging areas and insect abundance (Marks and Marks 2008a; W. Kcrn, Jr. in lift. 2012; R. Timm, in lilt. 2012). In general, bats could be blown into stationary objects or impacted by flying debris, resulting in injury or mortality (Marks and Marks 2008a). Trees with cavities can be snapped at their weakest point, which for the Florida bonneted bat may have the most severe impact since the species uses cavities (Marks and Marks 2008a); competition for available cavities in south Florida is intense (Belwood 1992), and suitable roosting sites in general are often limiting factors (Humphrey 1975). Displaced bats may be found on the ground or other unsuitable locations and exposed to natural predators, domestic pets, and humans (Marks and Marks 2008a). As pregnant females have been found in June through September, hurricanes in Florida can occur- at critical life -history stages—when females are pregnant or rearing young ---possibly resulting in losses of pregnant females, newborns, or juvenile pups (Marks and Marks 2008a). Because the entire population may be less than a few hundred individuals (Marks and Marks 2008x; 2012), the Florida bonneted bat may not be able 14 120 to withstand losses from intense storms or storms at a critical fife -History stage. Alternatively, less intense hurricanes or mild, isolated storms may create roosting opportunities, if tree snags (dead trees) are left in place. Given the Florida bonneted bat's tree -roosting habits, apparent low abundance, few isolated colonies, and use of coastal areas, the species is at risk fl'oll] hurricanes, storms, or other extreme weather. Depending on the location and intensity, it is possible that the majority of Florida bonneted bats could be killed in a fairly broad arca during a single, large, high-intensity hurricane (R. Timm, in till. 2012). More frequent and intense storms, increased storm surges, and coastal flooding can impact Florida bonneted bats and roosting and foraging habitat. This species is also vulnerable to prolonged extreme cold weather events. Molossids, the family of bats which includes the Florida bonneted bat, appear to be an intermediate between tropical and temperate zone bat families (Arlettaz et al. 2000). Members of this family that inhabit the warmer temperate and subtropical zones incur much higher energetic costs for thermoregulation during cold weather events than those inhabiting northern regions (Arlettaz et al. 2000). At such temperatures, bats are likely unable to find food and cannot rewarm themselves. Such a stochastic, but potentially severe, event poses a significant threat to the entire population. Impacts of past cold weather events are evident, but the effect on all colonies is not known. Climate Change and Sea Level Rise The effects resulting fi-orn climatic change, including sea level rise and coastal squeeze, are expected to become severe in the future and result in additional habitat losses, including the loss of roost sites and foraging habitat. Three subpopulations of the Florida bonneted bat occur in at - risk coastal locations (Gore et al. 2010), and the effects of sea level rise are expected to be a continual problem for species using coastal habitats (Saha et al. 2011). Within the species' range, low-lying areas in Collier, Lee, Miami -Dade, and Monroe Counties appear most vulnerable to inundation. Much of low-lying, coastal south Florida "will be underwater or inundated with saltwater in the corning century" (U. S. Climate Change Science Program (CCSP) 2008). This means that large portions of occupied, suitable, and potential roosting and foraging habitat for the Florida bonneted bat in low-lying areas will likely be either submerged or affected by increased flooding. Climate change is likely to Increase occurrence of saltwater Intrusion as sea level rises (IntergoveInmental Panel oil. Climate Change [IPCC] 2008), resulting in changes to plant species composition based upon tolerance to salinity and drought. Such changes in vegetation will likely impact the Florida bonneted bat, since the species uses forested areas and coastal habitats. Hydrology has a strong influence oil plant distribution in these and other coastal areas (IPCC 2008). Such communities typically grade from salt to brackish to freshwater species. Human developments will also likely be significant factors influencing whether natural commun)ties can move and persist ((lPCC 2008; CCSP 2008). Climate change, human population growth, forest management, and land use changes are also expected to increase water stress (water demand exceeding availability) within areas of the south, and south Florida is considered a ]lot spot for future water stress (Wear and Greis 2011). For the Florida bonneted bat, this means that some IL' 121 habitat in coastal areas will likely change as vegetation changes and additional human developments encroach. Drier conditions and increased variability in precipitation are also expected to increase the severity of wildfire events. Climate changes are forecasted to extend fire seasons and the frequency of large fire events throughout the Coastal Plain (Wear and Greis 2011). Increases in the scale, frequency, or severity of wildfires could also have severe ramifications on the Florida bonneted bat, considering its forest -dwelling nature and general vulnerability. Climate changes may also affect foraging habitat and prey availability. Increased plant water- stress is likely to impact vegetation community composition and chemical composition of plants, which would likely affect insect availability and the timing of insect availability to foraging bats (H. Ober, in lits. 2012). Ongoing Conservation Efforts Extensive conservation efforts are underway by researchers, government agencies, non-profit organizations, stakeholders, and private individuals. Efforts arc focusing on: (1) filling information gaps regarding the species and its habitat needs and preferences; (2) conserving roosting and foraging habitats; (3) reducing known threats, wherever- possible; and (4) increasing public awareness. Research efforts continue to examine life history, population dynamics, and habitat needs for the Florida bonneted bat. Studies are being conducted to identify additional occupied areas, evaluate diet, determine roost site fidelity, examine population dynamics, understand movement and foraging distance, develop a protocol for attachment of radio transmitters, identify habitat needs, analyze effects of fire, and locate natural roost sites. Identifying natural roost sites is particularly important, as only three are currently known. Finding additional roost sites is a key component to better understanding the species' habitat needs, which will greatly contribute to conservation of the species. Knowing where roosts occur and determining better methods to detect there will enhance endeavors to learn more about life History and help focus habitat protection efforts on specific locations, especially if roost sites may be a limited resource for the species. The FWC's Species Action Plan details the actions necessary to improve the conservation status of the Florida bonneted bat. The Florida Bonneted Bat Working Group was established in 2012 to bring together a consortium of public and private agencies, organizations, and educational institutions to leverage available resources, prioritize conservation actions, and collaborate on research directives for the Florida bonneted bat. The Service intends to work with stakeholders to develop a recovery outline and recovery plan in the near future. Literature Cited Allen, G.M. 1932. A Pleistocene bat from Florida. Journal of Marrrrnalogy 13(3):256-259. Arlettaz, R., C. Ruchet, J. Aeschimann, E. Brun, M. Genoud, and P. Vogel. 2000. Physiological 16 122 traits affecting the distribution and wintering strategy of the bat 1 odarida teniotis. Ecology 81(4):1004-1014. Arnett, E.B., K. Brown, W.P. Erickson, J. Fiedler, T.H. Henry, G.D. Johnson, J. Kearns, R.R. Kolford, C.P. Nicholson, T. O'Connell, M. Piorkowski, and R. Tankersley, Jr. 2008. Patterns of fatality of bats at wind energy facilities in North America. Journal of Wildlife Management 72: 61----78. Arwood, R. 2008x. Email to Paula Halupa. Inside -Out Photography, Inc. Everglades City, Florida, March 11, 2008. Arwood, R. 2008b. Email to Paula Halupa. Inside -Out Photography, Inc. Everglades City, Florida. March 13, 2008. Arwood, R. 2012. Email to Paula Halupa. Inside -Out Photography, Inc. Everglades City, Florida. March 5, 2012. Arwood, R. 2013a. Email to Paula Halupa. Inside -Out Photography, Inc. Everglades City, Florida. April 13, 2013. Arwood, R. 2013b. Email to Paula Halupa. Inside -Out Photography, Inc. Everglades City, Florida. June 6, 2013. 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Aging Cell 1:124-133. 29 135 Status of the Species --T Florida panther U.S. Fish and Wildlife Service October 2015 STATUS OF THE SPECIES — Florida panther (Puma concolor cor. i) Legal Status — On March 11, 1967, the Service listed the panther as endangered (32 FR 4001) throughout its historic range, and they received Federal }protection under the passage of the Act in 1973. hi addition, the Florida Panther Act (Florida Statute 372.67 1), a 1978 Florida State law, made killing a panther a felony. The panther is listed as endangered by the States of Florida, Georgia, Louisiana, and Mississippi in addition to its Federal listing. Critical habitat has not been designated for the panther. Species Description Appearance/Morphology An adult panther is unspotted and typically rusty reddish -brown on the back, tawny on the sides, and pale gray underneath. Adult males can reach a lengrth of 7 feet (ft) (2.1 meters [m]) fi-o1n their nose to the tip of their tail and may exceed 161 pounds (lbs) (73 kg) in weight; but, typically adult males average around 116 lbs (52.6 kg) and stand about 24 to 28 inches (in) (60 to 70 centimeters [cm]) at the shoulder (Roelke 1990). Female panthers are smaller with an average weight of 75 lbs (34 kb) and length of 6 ft (1.8 m) (Roelke 1990). Panther kittens are gray with dark brown or blackish spots and five bands around the tail. The spots gradually fade as the kittens grow older and are almost unnoticeable by the time they are 6 months old. At this age, their bright blue eyes slowly turn to the light - brown straw color of the adult (Belden 1988). Three external characteristics: a right angle crook at the terminal end of the tail, a whorl of hair or cowlick in the middle of the back, and irregular, white flecking on the head, nape, and shoulders — not found in combination in other subspecies of Punta (Belden 1986), were commonly observed in panthers through the mid-1990s. The kinked tail and cowlicks were considered manifestations of inbreeding (Seal 1994); whereas the white flecking was thought to be a result of scarring from tick bites (Maelir 1992). Four other abnornialities prevalent in the panther population prior to the raid-I990s were cryptorchidism (one or two undescended testicles), low sperm quality, atrial septal defects (the opening between two atria in the heart fails to close normally during fetal development), and immune deficiencies; and these were suspected to be the result of low genetic variability (Roelke et al. 1993). Taxon onty The panther was first described by Charles B. Cory in 1896 as Felis concolor,Jloridana (Cory 1896). The type specimen was collected in Sebastian, Florida. Bangs (1899), however, believed the panther was restricted to peninsular Florida and could not intergrade with other Felis sp. Therefore, lie assigned it full specific status and named it Feli.s cos.Yi since Felisfloridana had been used previously for a bobcat (L3-nrx rq ii.$). 136 Status of the Species --- Florida panther U.S. Fish and Wildlife Service October 2015 Culver ct al. (2000) examined genetic diversity within and among the described subspecies of Punta coneolor using three groups of genetic markers and proposed a revision of the genus to include only six subspecies, one of which encompassed all puma in North America including the panther. They determined the panther was one of several smaller populations that had unique features. Specifically, the number of polymorphic microsatellite loci and amount of variation were lower, and it was highly inbred. The degree to which the scientific community accepted the results of Culver et al. (2000) and the proposed change in taxonomy is not resolved (Service 2008). The panther remains listed as a subspecies, and continues to receive protection pursuant to the Act. Life History Male panthers are polygynous, maintaining large, overlapping home ranges containing several adult females and their dependent offspring. Breeding activity peaks from December to March (Shindle et al. 2003). Litters (n = 82) are produced throughout the year, with 56 to 60 percent of births occurring between March and June (Jansen et al. 2005; Lotz et al. 2005). The greatest number- of births occurs in May and June (Jansen et al. 2005; Lotz et al. 2005). Average litter size is 2.4 t 0.91 (standard deviation) kittens. Seventy percent of litters are comprised of either two or three kittens. Panther dens are usually located closer to upland hardwoods, pinclands, and mixed wet forests and farther from freshwater marsh -wet prairie (Benson et al. 2008). Most den sites are located in dense saw palmetto (Serenoa repens), shrubs, or vines (Maelir 1990a; Shindle et al. 2003, Benson et al. 2008). Den sites are used for 6 to 8 weeks by female panthers and their litters from birth to weaning (Benson ct al. 2008). Independence and dispersal of young typically occurs at 18 months, but may occur as early as one year (Maelir 1992). Benson et al. (2009) analyzed survival and cause -specific mortality of subadult and adult panthers. They found that sex and age influenced panther survival, as females survived better than males, and older adults (>10 years) survived poorly compared with younger adults. Genetic ancestry strongly influenced annual survival of subadults and adults after introgn-ession, as Fl generation admixed panthers survived longer than pre-introgression panthers and non -FI admixed individuals (Benson et al. 2009). Mortality records for uneollared panthers have been kept since February 13, 1972, and for radio -collared panthers since February 10, 1981 (FWC 2013, and FWC unpublished data). Through June 25, 2014, 424 mortalities have been documented (FWC 2014). Of the 424 total mortalities, 181 were radio -collared. Intraspecific aggression was the leading cause of mortality for radio -collared panthers, and was more cornmon for males than females (Benson et al. 2009). Older -adult males had significantly higher, and subadult males had marginally higher, mortality due to intraspecific aggression than adult males in their prime (Benson et al. 2009). Most 2 137 Status of the Species — Florida panther U.S. Fish and Wildlife Service October 2015 intraspecific aggression occurs between male panthers; but, aggressive encounters between males and females have occurred, resulting in the death of the female. Defense of kittens or of a kill is suspected in halt (five of ten) of the known Instances through 2003 (Shindle et al. 2003). Following intraspecific aggression, the greatest causes of mortality for radio -collared panthers was from unknown causes, vehicles, and other (Benson et al. 2009). From February 13, 1972, through June 30, 2014, 215 panthers (radio -collared and uncollared) were hit by vehicles (FWC 2014). These collisions resulted in 203 panther fatalities and 12 non-fatal injuries. The nuinber of panther/vehicle collisions per year is positively correlated with the annual panther count (McBride et al. 2008). Female panthers are considered adult residents if they are older than 18 months, have established home ranges, and have bred (Maehr et al. 1991). Land et al. (2004) reported 23 of 24 female panthers first captured as kittens survived to become residents and 18 (78.3 percent) produced litters; 1 female was too young to determine residency. Male panthers are considered adult residents if they are older than 3 years and have established a home range that overlaps with females. Thirty-one (3 1) male panthers were captured as kittens and 12 (38.7 percent) of these cats survived to become residents (Jansen et al. 2005). "Successful male recruitment may depend on the death or home range shift of a resident adult male" (Maehr et al. 1991). Turnover in the breeding; population is low with documented mortality in radio -collared panthers being greatest in subadult and non-resident males (Maehr et al. 1991; Shindle et al. 2003). Den sites of female panthers have been visited since 1992 and the kittens tagged with passive integrated transponder- chips. Annual survival of these kittens has been determined to be 0.328 ± 0.072 (SE) (Hostetler et al. 2009). There was no evidence survival rate differed between male and female kittens or was influenced by litter size. Hostetler- et al. (2009) found kitten survival generally increased with degree of admixture with introduced Texas pumas and decreased with panther abundance. Kitten survival is lowest during; the first 3 months of their - lives (Hostetler et al. 2009). Panther dispersal begins after a juvenile becomes independent from its mother and continues until it establishes a home range. Dispersal distances are greater for males than females. The maximum dispersal distance recorded for a young male was 139.2 mi (224.1 km) over a 7 -month period followed by a secondary dispersal of 145 mi (233 kin). Comiskey et al. (2002) found finales disperse an average distance of 25 mi (40 km) and females typically remain in or disperse short distances from their natal ranges. Fernale dispersers establish home ranges less than one average home range width from their natal range (Maehr et al. 2002a). Maehr et al. (2002a) reported all female dispensers (n = 9) were successful at establishing; a home range whereas only 63 percent of males (n = 18) were successful. Dispersing; males usually go through a period as transient (non-resident) subadults, moving through the fringes of the resident population and often occupying suboptimal habitat until an established range becomes vacant (Maehr- 1997). 3 138 Status of the Species --- Florida panther U.S. Fish and Wildlife Service October 2015 Most panther dispersal occurs south of the Caloosahatchec River. However, panthers have been documented north of the Caloosallatellce River many times since February 1972 through weld signs (e.g., tracks, urine markers, scats), camera -trap photographs, carcasses from vehicle -related mortalities, telemetry from radio -collared animals (Land and Taylor 1998; Land et al. 1999; Shindle et al. 2000; Maehr et al. 2002b; Belden and McBride 2005), captured animals (one of which was radio collared), and one skeleton. The Caloosahatchee River, a narrow (295-328 ft [90-100 m]), channelized river, is probably not a significant barrier to panther movements. Western subspecies of Puma are known to cross wide, swift -flowing rivers up to a mile in width (Seidensticker et al. 1973; Anderson 1983). However, the combination of the river, SR 80, and land uses along the river seems to ]lave somewhat restricted panther dispersal northward (Maehr et al. 20026). Documented physical evidence of at least 15 uncollared male panthers has been confirmed north of the river since 1972, but neither female panthers nor reproduction have been documented in this area since 1973 (Belden and McBride 2005). Panthers require large areas to meet their needs. Numerous factors influence panther home range size, including: habitat quality, prey density, and landscape configuration (Belden 1988; Comiskey et al. 2002). Home range sizes of six radio -collared panthers monitored between 1985 and 1990 averaged 128,000 ac (51,800 hectares [ha]) for resident adult males and 48,000 ae (19,425 ]la) for resident adult females; transient males had a ]ionic range of 153,599 ac (62,160 ha) (Maehr et al. 1991). Comiskey et al. (2002) examined the home range size for 50 adult panthers (residents greater than 1.5 years old) monitored in south Florida from 1981 to 2000 and found resident males had a mean home range of 160,639 ae (65,009 ha) and females had a mean home range of 97,920 ac (39,627 ha). Beier et al. (2003) found home range size estimates for panthers reported by Maehr et al. (199 1) and Comiskey et al. (2002) to be reliable. Annual minimum convex polygon home range sizes of 52 adult radio -collared panthers monitored between 1998 and 2002 ranged from 15,360 to 293,759 ac (6,216 to 1 18,880 ha), averaging 89,600 ae (36,260 ha) for 20 resident adult males and 44,160 ac (17,871 Ila) for 32 resident adult females (Land et al. 1999, 2002; Shindle et al. 2000, 2001). The most current estimate of home -range sizes (minimum convex polygon rnethod) for established, non - dispersing, adult, radio -collared panthers averaged 29,056 ae (11,759 Ila) for females (n = 1 1) and 62,528 ac (25,304 ha) for males (n = 11) (Lotz et al. 2005). The average home range was 35,089 ae (14,200 ha) for resident females (n = 6) and 137,143 ac (55,500 ha) (17 = 5) for males located at Big Cypress National Preserve (BICY) (Jansen et al. 2005). Home ranges of resident adults tend to be stable unless influenced by the death of other residents. Activity levels for panthers are greatest at night with peaks around sunrise and after sunset (Maehr et al. 1990b). The lowest activity levels occur during the middle of the day. Female panthers at natal dens follow a similar pattern with less difference between high and low activity periods. 4 139 Status of the Species -- Florida panther U.S. Fish and Wildlife Service October 2015 Telemetry data indicate panthers typically do not return to the same resting site day after day, with the exception of females with dens or panthers remaining near kill sites for several days. The presence of physical evidence such as tracks, scats, and urine markers, confirms panthers move extensively within home ranges, visiting all parts of the range regularly in the course of hunting, breeding, and other activities (Maehr 1997; Comiskey et al. 2002). Males travel widely throughout their ]ionic ranges to maintain exclusive breeding rights to females. Females without kittens also move extensively within their ranges (Maehr 1997). Panthers are capable of moving large distances in short periods of time. Nightly panther movements of 12 mi (20 km) are not unconnnon (Maehr et al. 1990a). Adult females and their kittens interact more frequently than any other group of panthers. Interactions between adult male and female panthers last from 1 to 7 days and usually result in pregnancy (Maehr ct al. 1991). Aggressive interactions between males often result in serious injury or death. Independent subadult males have been known to associate with each other for several days and these interactions do not appear to be aggressive in nature. Based on radio - collared panthers, aggression between males is the most common cause of male mortality (FWC 2014) and an important determinant of finale spatial and recruitment patterns based on (Maehr et al. 1991; Shindle et al. 2003). Primary panther prey species are white-tailed deer and feral hog (Sus scrota) (Maehr et al. 1990b; Dalrymple and Bass 1996). Generally, feral hogs constitute the greatest biomass consumed by panthers north of the Alligator Alley section of 1-75, while white-tailed deer are the greatest biomass consumed to the south (Maehr et al. 19906). Secondary prey species include raccoons (Pi-oc'von ]alar), dine -banded armadillos (Dasypus noverrrcirzctass), marsh rabbits (S);lvilagus palustris) (Maehr et al. 19906), and American alligators (Alligator naississippiensis) (Dalrymple and Bass 1996). No seasonal variation in diet has been detected. Maehr et al. (1990b) rarely observed domestic livestock in scats or kills of the panther, although cattle were readily available in the study area. In a study of calf depredation on two ranches in southwest Florida (Main and Jacobs 2014), panthers were determined to be the cause of calf mortality for 0.5 percent of calves on one ranch and 5.3 percent of calves on the other ranch. Little information on the feeding frequency of the panther is available. However, the feeding frequency of the Puma is likely similar to the feeding frequency of the panther. Ackerman et al. (1986) reported a resident adult male puma generally consumes one deer -sized prey every 8 to 11 days. Moreover, a resident female puma will consume one deer -sized prey item every 14 to 17 days, and one deer -sized prey item every 3.3 days for a female with three 13 -month-old kittens. Habitat Noss and Cooperrider (1994) considered the landscape implications of maintaining viable panther populations. Assurning a male home range size of 137,599 ac (55,685 ha) (Maehr 1990), an adult sex ratio of 50:50 (Anderson 1983), and some margin of safety, they determined a reserve network as large as 15,625 to 23,438 mi'- (40,469 to 60,703 km2) would be needed to 5 140 Status of the Species — Florida panther U.S. Fish and Wildlife Service October 2015 support an effective population size of 50 individuals (equating to an actual adult population of 100 to 200 panthers [Ballon et al. 1989]). However, to provide for long-term persistence based on an effective population size of 500 individuals (equating to 1,000 to 2,000 adult panthers [Ballon et al. 1989]), could require as much as 156,251 to 234,376 nii' (404,687 to 607,031 km'). This latter acreage corresponds to roughly 60 to 70 percent of the panther's historical range. Although it is uncertain whether this much land is needed for panther recovery, it does provide some qualitative insight into the importance of habitat conservation across large landscapes for achieving a viable panther population (Noss and Cooperrider 1994). Radio -collar data and ground tracking indicate that panthers use the mosaic of habitats available to them as resting and denning sites, hunting grounds, and travel routes. The majority of telemetry locations (Belden 1986; Belden et al. I988; Maehr 1990; Maehr- et al. 1991; Maehr 1992; Smith and Bass 1994; Kcrkhoff ct al. 2000; Comiskey et al. 2002, Cox et al. 2006, Kautz et al. 2006, Land et al. 2008) and natal den sites (Benson et al. 2008) were within or close to forested cover types, particularly cypress swamp, pinelands, hardwood swamp, and upland hardwood forests. Global Positioning System data has shown panthers (n = 12) use all habitats contained within their home ranges by selecting for forested habitat types and using all others in proportion to availability (Land et al. 2008). Kautz et al. (2006) found that the smallest class of forest patches (i.e., 9 to 26 ac [3.6 to 10.4 ha]) were the highest ranked forest patch sizes within panther home ranges. The diverse woody flora of forest edges probably provides cover suitable for stalking and ambushing prey (Belden et al. 1988; Cox et al. 2006). Also, dense understory vegetation comprised of saw palmetto provides some of the most important resting and denning cover for panthers (Maehr 1990; Benson et al. 2008). Shindle et al. (2003) estimated 73 percent of panther dens were in saw palmetto thickets. Between 1981 and 2010, more than 90,000 locations were collected from more than 180 radio - collared panthers. Belden et al. (1988); Machr et al. (1991); Maehr and Cox (1995); Maehr (1997); Kerkoff et al. (2000); Comiskey et al. (2002); Cox et al. (2006); and Kautz et al. (2006) provide information on habitat use based on various subsets of these data. Land et al. (2008), investigated habitat selection of 12 panthers in the northern portion of the breeding range using Global Positioning System (GPS) telemetry data collected during nocturnal and diurnal periods, as well as VHF telemetry data collected only during diurnal periods, and found analysis of both types of telemetry data yielded similar results. Even though some suitable panther- habitat remains in south-central Florida, it is widely scattered and fragmented (Belden and McBride 2005). Thatcher et al. (2006) used a statistical model in combination with a geographic information system (GIS) to develop a multivariate landscape - scale habitat model based on the Mahalanobis distance statistic (D'-) to evaluate habitats in south central Florida for potential expansion of the panther- population. They identified four potential habitat patches: the Avon Park Bombing Range area, Fisheating Creek/Babcock-Webb Wildlife Management Area (WMA), eastern Fisheating Creek, and the Duette Park/ Manatee County area. These habitat patches are smaller and more isolated compared with the current panther 6 141 Status of the Species — Florida panther U.S. fish and Wildlife Service October 201 range, and the landscape matrix where these habitat patches exist provides relatively poor habitat connectivity among the patches (Thatcher et al. 2006, 2009). Major highways and urban or agricultural development isolate these habitat patches, and they are rapidly being lost to the same development that threatens southern Florida (Belden and McBride 2005). Travel and dispersal corridors hi the absence of direct field observations/rneasurerments, Harrison (1992) suggested landscape corridors for wide-ranging predators should be half the width of an average home range size. Following Harrison's (1992) suggestion, corridor widths for panthers would range from 6.1 to 10.9 mi (9.8 to] 7.6 km) depending on whether the target animal was an adult female or a transient male. Beier (1995) suggested that corridor widths for transient male puma in California could be as small as 30 percent of the average horne range size of an adult panther; however, topography in California is dramatically different from that in Florida. Without supporting empirical evidence, Noss (1992) suggests regional corridors connecting larger- hubs of habitat should be at least 1.0 rni (1.6 km) wide. Beier (1995) makes specific recommendations for very narrow corridor widths based on short corridor lengths in a California setting of wild lands completely surrounded by urban areas; lie recommended corridors with a length less than 0.5 mi (0.8 km) should be more than 328 ft (100 in) wide, and corridors extending 0.6 to 4 in] (I to 7 km) should be more than 1,312 ft (400 in) wide. The Dispersal Zone, which connects lands between the Panther Focus Area south of the Caloosaliatchee River and the Panther Focus Area north of the Caloosahatchee River, encompasses 44 mi'- (113 kr-n2) with a mean width of 3.4 mi (5.4 km) (Figure 5). Although it is not adequate to support a single panther, the Dispersal Zone is strategically located and expected to function as an important landscape linkage to south-central Florida (Kautz et al. 2006). Transient male panthers currently use this zone as they disperse northward into south-central Florida. Distribution The panther is the last subspecies of Punta (also known as mountain lion, cougar, panther, or catamount) still surviving in the eastern United States. Historically occurring throughout the southeastern United States (Young and Goldman 1946), today the panther is restricted to less than 5 percent of its historic range located in south Florida. When Europeans first carne to this country, punas roamed most all of North, Central, and South America. Early settlers attempted to eradicate pumas by every means possible. By 1899, it was believed panthers had been restricted to peninsular Florida (Bangs 1899). By the late I920s to mid -1930s, it was thought by many the panther had been completely extirpated (Tinsley 1970). hl 1935, Dave Newell, a Florida sportsman, hired Vince and Ernest Lee, Arizona houndsmen, to hunt for panthers in Florida. They killed eight in the Big Cypress Swamp (Newell 1935). Every survey conducted since then confirmed a breeding panther population in southern Florida south of the Caloosahatchee River, and no survey since then has been able to confirm a reproducing panther population outside of southern Florida. 142 Status of the Species -- Florida panther U.S. Fisli and Wildlife Service October 2015 Although generally considered unreliable, sightings of panthers regularly occur throughout the southeast. Nonetheless, a reproducing population of panthers has not been documented to occur outside of south Florida for at least 30 years despite an extensive search effort (Belden et al. 1991; McBride et al. 1993; Clark et al. 2002). Survey reports and more than 70,000 locations of radio -collared panthers recorded between 1981 and 2004 clearly define the panther's current breeding range. Reproduction is known only in the Big Cypress Swamp and Everglades physiographic region in Collier, Lee, Hendry, Miami -Dade, and Monroe Counties, south of the Caloosahatchee River (Belden et al. 1991). As discussed previously, panthers occasionally disperse north of the Caloosahatchee River. However, these animals are likely all males searching to establish new territories. There is no evidence of female panthers or successful panther reproduction currently occurring north of the Caloosahatchee River (Nowak and McBride 1974, Belden et al. 1991; Land and Taylor 1998; Land et al. 1999; Shindle et al. 2000; McBride 2002; Belden and McBride 2005). In 1973, McBride captured one female in Glades County (Nowak and McBride 1974). This was the last time a female panther- was identified north of the Caloosahatchee River. Population Dynamics McBride et al. (2008) and McBride (2010) reported rninimulrr population counts (i.e., number known alive) based on physical evidence (e.g., tracks, urine markers, panther treed with hounds, trail -camera photos). They counted adult and subadult panthers, but not kittens at the den. Three rules were used to distinguish individuals: (1) gender was determined by track size 01' stride length; (2) time (freshness) was determined by known events within the past 24 hours, such as wind or rain; and (3) distance between individual track sets. These rules were used as an exclusionary tool to avoid over -counting (McBride et al. 2008). The number of panthers detected and verified by physical evidence frorn 1981 to 1994 fluctuated between a high of 30 and a low of 19 adult and juvenile panthers, with the lowest point occurring in 1991 following the removal of seven juveniles and three kittens to initiate a captive breeding program (McBride et al. 2008). In 1995, eight fernale pumas from Texas were released to address suspected deleterious effects of inbreeding. From 1996 to 2003, the panther population increased at a rate of 14 percent per year with 26.6 kittens being produced annually (Johnson ct al. 2010). The effective population size (N,) rose frons 16.4 in 1995 to 32.1 in 2007, with corresponding census populations (N) of 26 and 102, respectively. The population tripled since 1995 (McBride et al. 2008, Johnson et al. 2010), reaching a high of 117 by 2007 (mortalities not subtracted). Data reported in McBride (2000, 2001, 2002, 2003, 2004, 2006, 2007,2008, and 2009), McBride et al. (2010, 2011, 2012, and 2013), and Johnson et al. (2010) noted minimum population counts of 62 panthers in 2000, 78 in 2001, 80 in 2002, 87 in 2003, 78 in 2004, 82 in 2005, 97 in 2006, 117 in 2007, 104 in 2008, 113 in 2009, 115 in 2010, 111 in 2011, 123 in 2012, and 133 in 2013. Maehr et al. ( 199 1 ) provide an estimate of population density of 1 panther per 27,520 ac, based on 17 radio -collared and 4 uncollared panthers. They extrapolated this density to the area occupied by radio -collared panthers (1,245,435 ac) during the period 1985 to 1990 to achieve a 143 Status of the Species — Florida panther U.S. Fish and Wildlife Service October- 2015 population estimate of 46 adult panthers for southwest Florida (excluding Everglades National Park [ENP], eastern BICY, and Glades and Highlands Counties). Beier et al. (2000, however, argued this estimate of density, although "reasonably rigorous," could not be extrapolated to other areas because it was not known whether densities were comparable in those areas. Kautz ct al. (2006) provided a density estimate of I panther per 31,923 ac by dividing the panther count at that time (67) by the area within the Primary Zone. This estimate does not take into account the variability in panther densities across the landscape. Using an average of the 2007 to 2009 panther counts in the eight survey units covered by McBride et al. (2008) and Kautz et al. (2006), the density estimates range from a low of one panther per 81,479 ac to a high of one panther per 7,850 ac for the Primary Zone lands within these survey units. The FWC (2010) provided an upper bound population estimate of 0.0177 panthers per square - kilometer (kin'-) or one panther per 13,929 ac. Applying this density estimate to the Primary Zone (9,189 km') (2,270,652 ac) yields an upper estimate of 163 adult panthers. The FWC's lower estimate is 100 panthers (1.09 panthers per 100 krn'- or 1 panther per 22,707 ac) and is based oil annual verified panther sign data (McBride et al. 2008) and minimum number of panthers known to be alive (FWC 2010). Applying the four densities to the Primary Zone would yield a population based on Kautz et al.'s (2006) density estimate of 71 panthers (I panther per 31,923 ac). Maehr et al.'s (199 1) estimate would yield a population of 83 panthers (1 panther per 27,520 ac) and the FWC's (2010) estimate would yield a low of 100 panthers (1 panther per 22,707 ac) and a high of 163 panthers (1 panther- per 13,929 ac). For our evaluations however, the Service is continuing to use the average densities provided by Kautz et al. (2006) of one panther - per 31,923 ac (12,919 ha) or one panther per 129 kin'. Population Viability Analysis (PVA) has emerged as a key component of endangered species conservation. This process is designed to incorporate demographic information into models that predict if a population is likely to persist in the future. PVAs incorporate deterministic and stochastic events including demographic and environmental variation, and natural catastrophes. PVAs have been criticized as being overly optimistic about future population levels (Brook et al. 1997) and should be viewed with caution; however, they are and have been shown to be surprisingly accurate for managing endangered taxa and evaluating different management practices (Brook 2000). Shaffer (198 1) originally defined a viable population as follows: "a minimum viable population for any given species in any given habitat is the smallest isolated population having a 99 percent chance of remaining extant for 1,000 years despite the foreseeable effects of demographic, environmental and genetic stochasticity, and natural catastrophes." However, the goal of 95 percent probability of persistence for 100 years is the standard recommended by population biologists and is used in management strategies and conservation planning, particularly for situations where it is difficult to accurately predict the future (Shaffer- 1978, 1981, 1987). 9 144 Status of the Species — Florida panther U.S. Fish and Wildlife Service October 2015 From 1981 through 2010, 182 panthers were been radio -collared and monitored on public and private lands throughout south Florida (FWC 2010). Radio -collar data were used by researchers to estimate survival rates and fecundity and were incorporated into PVA models previously developed for the panther (Seal and Lacy 1989, 1992; Cox et al. 1994; Maebr et al. 2002b). These models incorporated a range of different model parameters such as sex ratios, kitten survival rates, alae distributions, and various levels of habitat loss, density dependence, and intermittent catastrophes or epidemics. The outputs of these models predicted a variety of survival scenarios for the panther and predicted population levels needed to ensure the survival of the species. Root (2004) developed an updated set of PVA models for the panther based on RAMAS GIS software (Ak4akaya 2002). These models were used to perform a set of spatially explicit PVAs. Three single -sex (i.e., females only) models were constructed using demographic variables from Maehr et al. (20026) and other sources. A conservative model was based on Seal and Lacy (1989), a moderate model was based on Seal and Lacy (1992), and an optimistic model was based on the 1999 consensus model of Maehr et al. (2002b). In each model, first-year kitten survival was set at 62 percent based on information from panther population monitoring (Shindle et al. 2001). All of the models assumed a 1:1 sex ratio, a stable age distribution, 50 percent of females breeding in any year, and an initial population of 41 females (82 individuals), which was the approximate population size in 2001 and 2002 (McBride 2001, 2002). The basic versions of each model incorporated no catastrophes or epidemics, no change in habitat quality or amount, and a ceiling type of density dependence. The basic versions of the models incorporated a carrying capacity of 53 females (106 panthers with a 50:50 sex ratio). The models were run with differing values for density dependence, various levels of habitat loss, and intermittent catastrophes or epidemics. Each simulation was run with 10,000 replications for a I00 -year period. The miiiimum number of panthers needed to ensure a 95 percent probability of persistence for 100 years was estimated in a series of simulations in which initial abundance was increased until probability of extinction at 100 years was no greater than 5 percent. More detailed information concerning the PVA model parameters appears in Root (2004). The results of an earlier, conservative PVA model run done by Seal and Lacy (1989) predicted a probability of extinction of 78.5 percent in 100 years with a mean final total abundance of 3.5 females. Also, the probability of a large decline in abundance (50 percent) was 94.1 percent. Later work based on improved panther modeling and a larger sample of monitored panthers produced both a moderate and optimistic scenario (Root 2004). The moderate model resulted in a 5 percent probability of extinction and a mean final abundance of 42.3 females in 100 years. The probability of panther abundance declining; by half the initial amount was 20 percent in 100 years under the moderate model. The optimistic model resulted in a 2 percent probability of extinction and mean final abundance of 51.2 females in 100 years. The probability of panther abundance declining; by half the initial amount was only 9 percent in 100 years under the l[I; 145 Status of the Species — Florida panther U.S. Fish and Wildlife Service October 2015 optilnlstic ]nodel. These models also provide a probability of persistence (100 percent minus probability of extinction) over a 100 -year period of 95 percent for the moderate model and 98 percent for the optimistic model. Model results were also provided by Root (2004) for probability of extinctions for 1 percent loss of habitat per year, within the first 25 years of the model run, based on both the moderate and optimistic scenarios. The 1 percent loss of habitat equates to essentially all remaining non -urban privately owned lands in the Primary Zone and corresponds to the estimated rate of habitat loss from 1986 to 1996 for the five southwest counties based on land use changes (Root 2004). For the moderate model, the; model runs predict a probability of extinction increase of about I percent to 6 percent with 1.0 percent habitat loss per year for the first 25 years. For the optimistic model, probability of extinction increased frorn about 2 percent with no loss of habitat to 3 percent with 1.0 percent habitat loss per year, for the first 25 years. These models also predicted the mean final abundance of females would decrease from 41 to 31 females, a 24.3 percent reduction for the moderate model and from 41 to 38 females, a 7.3 percent reduction for the optimistic model. The probability of persistence over a 100 -year period with a I percent loss of habitat changed to approximately 94 percent for the moderate model and 97 percent for the optimistic model. The model runs also predicted a mean final abundance of 62 individuals (31 females and 31 males) for the moderate model and 76 individuals (38 females and 38 reales) for the optimistic model. The results of the PVA lead to the development of population guidelines for the panther. Kautz et al. (2006) developed recommendations for panther population size as it relates to persistence following review of the output of Root's PVA models (2004) and those of other previous PVAs for the panther. These recommendations are: (1) populations of less than 50 individuals are likely to become extinct in less than 100 years; (2) populations of 60 to 70 are barely viable and expected to decline by 25 percent over 100 years; (3) populations of 80 to 100 are likely stable but would still be subject to genetic problems (i.e., heterozygosity would slowly decline); and (4) populations greater- than 240 have a high probability of persistence for 100 years and are demographically stable and large enough to retain 90 percent of original genetic diversity. Kautz et al.'s (2006) population recommendations, when applied to the populations predicted by Root's (2004) moderate models, describe the "with habitat loss" population (62 panthers) as barely viable and expected to decline by 25 percent over a 100 -year period. The "without habitat loss" population (84 panthers) is likely stable but would still be subject to genetic problems. The Service believes McBride's verified population of 97 panthers in 2006, 117 panthers in 2007, 104 in 2008, 113 in 2009, 115 in 2010, and 1 I 1 in 2011, 123 in 2012, and 133 in 2013 is within Kautz et al.'s (2006) population recommendations representing a population that is likely stable but still may be subject to genetic problems. 146 Status of the Species Florida panther U.S. Fish and Wildlife Service October 2015 The Service also believes the model runs show lands in the Primary Zone are important to the survival and recovery of the panther, and sufficient lands need to be managed and protected ill south Florida to provide for a population of 80 to 100 panthers, the population range defined as likely stable over 100 years, but subject to genetic problems. Critical Habitat Critical habitat has not been designated for the panther. Threats Present or Threatened Destruction, Modification or Curtailment of its Habitat or Range Panthers, because of their wide-ranging movements and extensive spatial requirements, are particularly sensitive to habitat fragmentation (Harris 1984). Mac et al. (1998) defines habitat fragmentation as: "The breaking up of a habitat into unconnected patches interspersed with other habitat which may not be inhabitable by species occupying the habitat that was broken up. The breaking up is usually by human action, as, for example, the clearing of forest or grassland for agriculture, residential development, or overland electrical lines." The reference to "unconnected patches" is a central underpinning of the definition. For panther conservation, this definition underscores the need to maintain contiguous habitat and protected habitat corridors in key locations in south Florida and throughout the panther's historic range. Habitat fragmentation can result from road construction, urban development, and agricultural land conversions. Roads and highways facilitate the movement of people and goods by cars and trucks, and may adversely affect the panther. The construction of new roads and the widening of existing roads can result in the direct loss of wildlife habitat (Forman et al. 2003). In addition, disturbance resulting from motorized vehicles may cause panthers to avoid busy roads. Maher (1990) reported that female panthers are less likely to cross busy highways. Consequently, roads may act as barriers affecting panther movement and fragmlenting panther habitat. Panthers can also be injured or killed due to collisions with motorized vehicles when attempting to cross highways, and the potential for collisions increases as traffic increases. Adverse effects resulting from roads and highways represent a potential threat to the existing panther population. Collisions with motor vehicles on highways are a significant source of mortality for the panther. The FWC documented 165 vehicle -related panther mortalities and 8 vehicle - related panther injuries from 1972 to the present oil highways in south Florida. In portions of the panther's range, the rate of panther vehicle -related mortalities may be increasing. Smith et al. (2006) found that vehicle -related panther mortalities in Collier 12 147 Status of the Species — Florida panther U.S. Fish and Wildlife Service October 2015 County increased by a factor of foto- from 2000 to 2005, compared to previous decades. This increase in panther mortality is likely related to the increase in traffic from Collier County's population growth. Unfortunately, the effect of vehicle -related mortality on the existing panther population is largely unknown. Wildlife underpasses, or crossings, call be constructed within highway corridors to reduce the potential for panther injuries and mortalities resulting from vehicle collisions. Underpasses allow panthers and other wildlife to safely cross under busy roadways, and maintain connectivity and gene flow within the panther population. Underpasses usually consist of a bridge, prefabricated concrete box, or culvert (Forman et al. 2003). Effective crossing structures are large enough to allow the passage of panthers and include adequate wing fencing to funnel panthers to the crossing site. Crossings should be designed so panthers have an unobstructed view of habitat on the opposite side of the underpass (Foster and Humphrey 1995). The status of lands adjacent to the crossing site should also be considered when determining the location of a crossing. Unprotected private lands adjacent to the crossing could be developed and render the crossing unviable. Accordingly, lands adjacent to crossings should be acquired or placed under a conservation easement or other protective covenant to ensure the crossing will function in perpetuity. A number of wildlife crossings with associated fencing have already been constructed oil major roadways in southwest Florida to benefit the panther and other wildlife species. In 1991, the FDOT finished the construction of 28 wildlife crossings within the 1-75 corridor from U.S. Highway 27 to just west of Everglades Boulevard, The FDOT also constructed six wildlife crossings on SR 29 between Oil Well Road and US 41. Crossings A, B, C, and D are located north of 1-75 and Crossings E and F are located south of 1-75. Crossings A and B were constructed in 2007, Crossings C and D were constructed in 1995, Crossing E was constructed in 1997, and Crossing F was constructed in 1999. Prior to construction of the SR 29 Crossings, a total of 10 vehicle - related panther mortalities were recorded near the locations of Crossings A and B from 1980 through 2004, and 2 vellicle-related panther mortalities were recorded near the location of Crossings C and D from 1979 through 1990. Vehicle -related panther mortalities have not been recorded in the vicinity of Crossings A, B, C, or D following their installation. A total of two vehicle -related panther mortalities were documented within 3.5 mi of the location of Crossing E prior to construction, and vehicle -related panther mortalities were not observed within 2.5 Ilii of the location of Crossing F prior- to construction. Following construction of Crossings E and F, a total of four- vehicle -related panther mortalities have been reported within 3 mi of Crossing E, and two vehicle -related panther mortalities have been documented within I mi of Crossing F. Lee County, Collier County, and other entities have been working with the Service to construct additional needed crossings for the panther. For example, the Collier County Road Department recently constructed two wildlife underpasses and barrier fencing 13 148 Status of the Species -- Florida panther U.S. Fish and Wildlife Service October 2015 within the Oil Well Road (CR 858) corridor at Camp Kcais Strand, in association with the Oil Well Road widening project. Lee County constructed a wildlife underpass and barrier fencing on Corkscrew Road in 2004. Moreover, in 2011, a wildlife underpass and barrier fencing; was installed east of Iamnokalee on County Road (CR) 846 in Collier County, as part of a Habitat Conservation Plan. A wildlife underpass has also been installed on Immokalee Road near CR 951. Although these wildlife crossings have contributed to minimization of parnther-vehicle interactions, more crossings are needed within the major roadways of south Florida to further reduce this threat to the panther and other wildlife species (Smith et at. 2006). Recent studies have been conducted to identify locations for wildlife crossings in south Florida. Swanson et al. (2005) used a Least Cost Pathway (LCP) modeling approach to identify the most likely travel routes for panthers among six major use areas in southwest Florida. LCP modeling takes into consideration elements in the landscape that permit or impede panther movement when traveling. Swanson et al. (2005) identified 20 key highway segnnents where LCPs intersected improved roadways. Smith et al. (2006) studied the movements of the panther, the Florida black bear, and other wildlife species along SR 29, CR 846 and CR 858 in Collier County, Florida. Data analyzed in the study were obtained from roadkill and track surveys, infra -red camera monitoring stations, existing; data provided by the FWC (panther radio telemetry and vehicle mortality reports), and other studies. Smith et al. (2006) recommended new wildlife crossings be considered at various sites along these roadways to reduce vehicle -related mortality of panthers and other wildlife species, and to increase connectivity among wildlife populations. The Service continues to work with the FDOT, county road departments, and other entities to ensure wildlife crossings are installed as needed to promote safe passage of panthers and other wildlife across roadways. Overutilization for Commercial, Recreational, Scienti frc, or Educational Pmpnseti Prior to 1949, panthers could be killed in Florida at any time of the year. In 1950, the Florida Game and Fresh Water Fish Commission (now Florida Fish and Wildlife Conservation Commission [FWC]) declared the panther a regulated game species due to concerns over declining numbers. The FWC removed panthers from the game animal list in 1958 and gave them complete legal protection. On March 11, 1967, the Service listed the panther as endangered (32 FR 4001) throughout its historic range, and these animals received Federal protection under the passage of the Act in 1973. In addition, the Florida Panther Act (Florida Statute 372.671), a 1978 Florida State law, made killing a panther a felony. The panther is listed as endangered by the States of Florida, Georgia, Louisiana, and Mississippi in addition to its Federal listing. 14 149 Status of the Species — Florida panther U.S. Fish and Wildlife Service: October 2015 Restricted Range Historically occurring throughout the southeastern United States (Young and Goldman 1946), today the panther is restricted to south Florida in an area that is less than 5 percent of its historic range. Ongoing Conservation Efforts Habitat protection has been identified as being one of the most important elements to achieving panther recovery. While efforts have been made to secure habitat, continued action is needed to obtain additions to and inholdings for public lands, assure linkages are maintained, restore degraded and fragmented habitat, and obtain the support of private landowners for maintaining property in a manner that is compatible with panther use. Conservation lands used by panthers are held and managed by a variety of entities including the Service, NPS, Seminole Tribe of Florida, Miccosukee Tribe of Indians of Florida, FWC, Florida Department of Environmental Protection (DEP), Florida Division of Forestry (FDOF), Water Management Districts, non- governmental organizations, counties, and private landowners. To further refine the land preservation needs of the panther, and to specifically develop a landscape -level program for the conservation of the panther population in south Florida, the Service appointed a Florida Panther Subteam in February 2000. The Subteam was charged with developing a landscape -level strategy for the conservation of the panther population in south Florida. The results of this collaborative effort are partially presented in Kautz et al. (2006). One of the tasks for this subtcam was to identify a strategically located set of lands containing sufficient area and appropriate land cover types to ensure the long-term survival of the south Florida population of the panther. Kautz et al. (2006) focused their efforts on the area south of the Caloosahatchee River, where the reproducing panther population currently exists. Kautz et al. (2006) created an updated panther potential habitat model. The potential habitat Snap was reviewed in relation to telemetry data, recent satellite imagery (where available), and panther home range polygons. Boundaries were drawn around lands defined as the Primary Zone, the most important area needed to support a self-sustaining panther population. Kautz et al. (2006) referred to these lands as essential; however, as observed in the two previous plans (Logan et al. 1993; Cox et al. 1994), lands within the boundaries of the Primary Zone included some urban areas and other lands not considered to be panther habitat (i.e., active rock and sand mines). The landscape context of areas surrounding the Primary Zone was modeled and results were used to draw boundaries of the Secondary Zone (Figure 5), the area capable of supporting the panther population in the Primary Zone, but where habitat restoration may be needed (Kautz et al. 2006). Kautz et al. (2006) also identified, through a LCP model, the route most likely to be used by panthers crossing the Caloosahatchee River- and dispersing out of south Florida into south-central Florida. Kautz et al. (2006) used GIS -based analysis to construct the LCP models and identify 15 150 Status of the Species -- Florida panther U.S. Fish and Wildlife Service October 2015 optimum panther dispersal corridor(s). The LCP models operated on a cost surface that ranked suitability of the landscape for use by dispersing panthers with lower scores indicating higher likelihood of use by dispersing panthers. Those dispersal routes connecting lands between the Panther Focus Area south of the Caloosahatchee; River and the Panther Focus Area north of the Caloosahatchee River were defined as the Dispersal Zone (Kautz et al. 2006). The preservation of lands within this zone is important for the survival and recovery of the panther, as these lands are the dispersal pathways for expansion of the panther population. 16 151 Status of the Species -- Florida panther U.S. Fish and Wildlife Service October 2015 LITERATURE CITED Ackerman, B. B., F. G. Lindzey, and T. P. Hemker. 1986. Predictive energetics model for cougars. Pages 333-352 in S. D. Miller and D. D. Everett (eds). Cats ofthc world: biology, conservation, and management. 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McCullough (Eds). Population Viability Analysis. Univeristy of Chicago Press, Chicago., Illinois. Main, M.B., and C.E. Jacobs. 2014. Calf Depredation by the Florida panther in Southwest Florida. Final Report to the US Fish and Wildlife Service. University of Florida IFAS, Gainesville, Florida. 46 pp. McBride, R.T. 2000. Current panther distribution and habitat use: a review of field notes, fall 1999 -winter 2000. Report to Florida Panther Subtearn of MERIT, U.S. Fish and Wildlife Service, Vero Beach, Florida. McBride, R.T. 2001. Current panther distribution, population trends, and habitat use: report of field work: fall 2000 -winter 2001. Report to Florida Panther Subteam of MERIT, U.S. Fish and Wildlife Service, Vero Beach, Florida. McBride, R.T. 2002. Current panther distribution and conservation implications -- highlights of field work: fall 2001 -- winter 2002. Report to Florida Panther Subteam of MERIT, U.S. Fish and Wildlife Service, Vero Beach, Florida. 22 157 Status of the Species — Florida panther U.S. Fish and Wildlife Service October 2015 McBride, R.T. 2003. The documented panther population (DPP) and its current distribution from July 1, 2002 to June 30, 2003. Appendix IV in D. Shindle, M. Cunningham, D. Land, R. McBride, M. Lotz, and B. Ferree. Florida panther genetic restoration and management. Annual report 931 12503002. Florida Fish and Wildlife Conservation Commission, Tallahassee, Florida. McBride, R.T. 2004. Personal communication, Chris Belden. Professional Tracker- Houndsman. Rancher's Supply Incorporated, P.O. Box 725, Alpine, Texas 79831. McBride, R.T. 2005. Personal communication, Chris Belden. Professional Tracker- Houndsman. Rancher's Supply Incorporated, P.O. Box 725, Alpine, Texas 79831. McBride, R.T. 2006. Personal communication, Chris Belden. Professional Tracker- Houndsman. Rancher's Supply Incorporated, P.O. Box 725, Alpine, Texas 79831. McBride, R.T. 2007, Personal communication, Chris Belden. Professional Tracker- Houndsman. Rancher's Supply Incorporated, P.O. Box 725, Alpine, Texas 79831. McBride, R.T. 2008. Personal communication, Chris Belden, Professional Tracker- Houndsman. Rancher's Supply Incorporated, P.O. Box 725, Alpine, Texas 79831. McBride, R.T. 2010. Synoptic survey of Florida panthers 2010. Annual Report submitted to U.S. Fish and Wildlife Service (Agreement #401817G005). Rancher's Supply, Incorporated, Alpine, Texas. McBride, R.T., R.M. McBride, J.L. Cashman, and D.S. Maehr. 1993. Do mountain lions exist in Arkansas? Proceedings Annual Conference Southeastern Fish and Wildlife Agencies 47394-402. McBride, R.T., R.T. McBride, R.M. McBride, and C.E. McBride. 2008. Counting pumas by categorizing physical evidence. Southeastern Naturalist 7:381-400, McBride, R. T., C.E. McBride, and R. Sensor. 2012. Synoptic Survey of Florida Panthers 2011. Annual Report to U. S. Fish and Wildlife Service (Agreement #401817G005), South Florida Ecological Services Office, Vero Beach, Florida. 145 pp. Melillo J. M., T.C. Richmond, and G. W. Yohe, Eds. 2014. Climwe Change Impacts ill the United States: The Third National Climate Assessnnent. U.S. Global Change Research Program.littp:l/nca2014.�,llobalchange.,,ov/do«rtlloads Miller, L. 2010. Climate of South Florida; Everglades Restoration Transition Plan Phase I Biological Opinion. Vero Beach, Florida: U.S. Fish and Wildlife Service. 23 158 Status of the Species — Florida panther U.S. Fish and Wildlife Service October 2015 Newell, D. 1935. Panther. The Saturday Evening Post. July 13:10-1 1, 70-72. Noss, R.F. 1992. The wildlands project land conservation strategy. Wild Earth (Special Issue): 10-25. Noss, R.F. and A.Y. Cooperrider. 1994, Saving Nature's Legacy: Protecting and Restoring Biodiversity. Island Press, Washington, D.C. Nowak, R.M., and R.T. McBride. 1974. Status survey of the Florida panther. Project 973. World Wildlife Fund Yearbook 1973-74:237-242, Roelke, M. E. 1990. Florida panther biomedical investigation. Final Performance Report 7506, Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. Roelke, M.E., J.S. Martenson, and S.J. O'Brien. 1993. The consequences of demographic reduction and genetic depletion in the endangered Florida panther. Current Biology 3:340-350. Root, K. 2004. Florida panther (Panna concolor coryi): Using models to guide recovery efforts. Pages 491-504 in H.R. Akcakaya, M. Burginan, O. Kindvall, C.C. Wood, P. Sjogren- Gulve, J. Hatfield, and M. McCarthy (eds). Species Conservation and Management, Case Studies. Oxford University Press, New York, New York. Seal, U.S. (ed). 1994. A plan for genetic restoration and management of the Florida panther (Felis concolor corgi). Report to the Florida Game and Fresh Water Fish Commission, by the Conservation Breeding Specialist Group, Species Survival Commission, IUCN, Apple Valley, Minnesota. Seal, U.S. and R.C. Lacy (eds). 1989. Florida panther (I'elis concolor corgi) viability analysis and species survival plan. Report to the U. S. Fish and Wildlife Service, by the Captive Breeding Specialist Group, Species Survival Commission, IUCN, Apple Valley, Minnesota. Seal; U.S. and R.C. Lacy (eds). 1992. Genetic management strategies and population viability of the Florida panther- (Felis concolor coiyi). Report to the U. S. Fish and Wildlife Service, by the Captive Breeding Specialist Group, Species Survival Commission, IUCN, Apple Valley, Minnesota. Seidensticker, J.C., IV, M.G. Hornocker, W.V. Wiles, and J.P. Messick. 1973. Mountain lion social organization in the Idaho primitive area. Wildlife Monographs 35:1-60. 24 159 Status of the Species — Florida panther U.S. Fish and Wildlife Service October 2015 Shaffer, M.L. 1978. Determining Minimum Viable Population Sizes: A Case Study of the Grizzly Bear. Ph. D. Dissertation, Duke University, Shaffer, M.L. 1981. Minimum population sizes for species conservation. BioSeience Shaffer, M.L. 1987. Minimum viable populations: coping with uncertainty. Pages 69-86 in M.E. Sould (ed). Viable populations for conservation. Cambridge University Press, New York. Shindle, D., D. Land, K. Charlton, and R. McBride. 2000. Florida panther genetic restoration and management. Annual Report 7500. Florida Fish and Wildlife Conservation Commission, Tallahassee, Florida. Shindle, D., D. Land, M. Cunningham, and M. Lotz. 2001. Florida panther genetic restoration and management. Annual Report 7500. Florida Fish and Wildlife Conservation Commission, Tallahassee, Florida. Shindle D., M. Cunningham, D. Land, R. McBride, M. Lotz, and B. Ferree, 2003. Florida panther genetic restoration and management. Annual Report 93112503002. Florida Fish and Wildlife Conservation Commission, Tallahassee, Florida. Smith, D.J., R.F. Noss, and M.B. Maid. 2006. East Collier County wildlife movement study: SR 29, CR 846, and CR 858 wildlife crossing project. Unpublished report. University of Central Florida, Orlando, Florida. Smith, T.R., and O.L. Bass, Jr. 1994. Landscape, white-tailed deer, and the distribution of Florida panthers in the Everglades. Pages 693-708 in S.M. Davis and J.C. Ogden (eds). Everglades: the ecosystem and its restoration. Delray Beach, Florida. South Florida Water Management District. 2015. ERR Environmental Resource Permits. West Palm Beach, Florida. http://www.sfwmd.gov/gisapps/sfwindxwebdc/dataview. asp?query=uncLid=1 128 Swanson, K., D. Land, R. Kautz and R. Kawula. 2005. Use of least cost pathways to identify key highway segments for Florida panther- conservation. Pages 191-200 ill R.A. Beausoleil and D.A. Martorello, editors. Proceedings of the Eighth Mountain Lion Workshop, Olympia, Washington. Thatcher, C., F.T. van Manen, and J.D. Clark. 2006. Identifying suitable sites for Florida panther reintroduction. Journal of Wildlife Management. 25 a Status of the Species — Florida panther U.S. Fish and Wildlife Service October 2015 Thatcher, C., F.T. van Manen, and J.D. Clark, 2009. A Habitat Assessment for Florida Panther Population Expansion into Central Florida. Journal of Mammalogy 900:918-925. Tinsley, J.B. 1970. The Florida panther. Great Outdoors Publishing Company, St. Petersburg, Florida. U.S. Fish and Wildlife Service (Service). 2000. Florida panther final interim standard local operating procedures (SLOPES) for endangered species. Fish and Wildlife Service; Vero Beach, Florida. U.S. Fish and Wildlife Service. 2008. Florida panther recovery plan: third revision. January 2006. Prepared by the Florida Panther- Recovery Team and the South Florida Ecological Services Office. U.S. Fish and Wildlife Service; Atlanta, Georgia. U.S. Fish and Wildlife Service (Service). 2012. Panther Habitat Assessment Methodology, U.S. Fish and Wildlife Service; South Florida Ecological Services Offices; Vero Beach, Florida. http://www.fws.gov/verobcacl-t/MainmalsPDFs/20120924 Panther%20Habitat%20Asses sment%20Method_Appcndix.pdf Van Dyke, F.G., R.H. Brocke, H.G. Shaw, B.B. Ackerman, T.P. Hemker, and F.G. Lindzey. 1986. Reactions of mountain lions to logging and human activity. Journal of Wildlife Management 50:95.102. Young, S.P., and E.A. Goldman. 1946. The puna -mysterious American cat. American Wildlife Institute, Washington, D.C. 26 a Earth Tech Environmental, LLC p p 9 9 Earth Tech Environmental Staff Qualifications a Environmental Data for PUDR www.eteflorida.com JENWER BM1111 e: jenniferb@eteflorida.com t: 239.304.0030 m: 406.579.4616 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 Yeai',s' EExlpeirleirii `e Invasive and Exotic Species Removal 8 years 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) Pi ofessuoin4l, ffi[l fia iris Florida Association of Environmental Professionals (FA EP) League of Environmental Educators of Florida Wildfire Assessments 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 Small Watercraft Operations Ecological Restoration 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 239.304.0030 1 www.eteflorida.com 163 ib Environmental, LLC P, e: jeremys@eteflorida.com t: 239.304.0030 m: 239.595.4929 Years E;xlpeirleirice 25 years EE d u catuorii/ r a aun lI ng B.S. Aquatic Biology St. Cloud State University (1994) Pi ofessioin4l, 4fullu fia iris Academy of Board Certified Environmental Professionals #16992037 Florida Association of Environmental Professionals (FA EP) 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 Listed Species Management Plans Vegetation & Habitat Mapping USFWS Section 7 & Section 10 Permitting Water Use Monitoring & Compliance Preserve Management Plans Post Permit Compliance Environmental Land Use Planning Native Vegetation Restoration Plans Incidental Take Permitting Site and Aerial Photography USFWS Bald Eagle Monitor Gopher Tortoise Surveys, Permitting, & Relocations Scrub Jay Surveys Burrowing Owl Surveys Shorebird Surveys Environmental Resource Permitting (ERP) Turbidity Monitoring Wetland & Water Level Monitoring Environmental Impact Statements (EIS) Project Management GIS / GPS Mapping & Exhibits Phase 1 Environmental Site Assessments Phase II Environmental Site Assessments Lake Management Plans Due Diligence Reports Wetland Jurisdictional Determinations Bonneted Bat Surveys Mangrove Assessments & Restorations Hard Bottom & Soft Bottom Benthic Surveys Artificial Reef Deployments 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 the Lands Evaluation and Management Subcommittee. (2009 to 2014). • Collier County Development Services Advisory Committee (DSAC) (2015 to Present). • FWC Local Rule Review Committee (Manatee Protection Speed Zones) (2016). Publications ���h rib Sundstr6m, 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. Fsviarndrt•1, LLC 239.304.0030 1 www.eteflorida.com ---;^�—� 164 Environmental Data for PUDR �•• 9 Full Page Exhibits for Sports Park Expansion Earth Tech Environmental, LLC 165 www.eteflorida.com 166 10 COLLIER COUNTY) SPORTS COMPLEX i1ftPHA'SE 2ti,01 Note 1. 2019 Aerial obtained from Col ler County Propedy Appramer. 2. SLINeCt Property boundary obtained from (),avicson Enginewing COLLIER COUNTY, RESOURCE RECOVERY PARK SFWMDI Alr�sj"- Wetlands, __27_&r-Xr,em N Su bject Property Jurisdictional WeVands FLUCCS Mapping 159, INDUSTURAL UNDER CONSTRUCTION 411-E2, PINE FLATWOODS (26-50% Exotics) 411-E3, PINE IFLATWOODS (51-75% Exotics) 4'11-E4, PINE F LATWOO DS (>7 5% Exotics) 415-E3, MIXED PINE (51!-75% Exotics) 415-E4, MIXED PINE (>75% Ex0fics) 624-E3, CYPRESS -PINE -CABBAGE PALM (51-75% Exotics) 8146, PRPM!ITIVE/TRAILS Collier County Sports Complex �Ith Tp A 14', P 41 I [I C),l E 'V/ � R (Y N M 1, N PF � Ll C �-U(,010 101 I -A AV�-NU�- hirisdictional Wetlands Map 0 N I 'I A P R I N "',� � L, 0 R I U A 4 1 Events Center - Phase 3 � 4 0 N - 3 3, 4 0 710 1, A 2,", 4 3 ) ;,4 0 0 5 4 v'Ifla'w and EAVk*M"Mal, LLC 4/26/19 /A AS S1 JOWN 168 COLLIER COUNT) SPORTS COMPLE (on City Gate) COLLIER COUNTY RESOURCE RECOVERY PARK Note: Subject Property boundary and Right -of -Way boundary obtained from Davidson Engineering. 400 200 0 400 Feet Subject Property CM Proposed Right -of -Way (14.92 Ac) Native Vegetation (90.98 Acres) FLUCCS Mapping D 159, INDUSTURAL UNDER CONSTRUCTION 0411-E2, PINE FLATWOODS (26-50% Exotics) 0411-E3, PINE FLATWOODS (51-75% Exotics) p411 -E4, PINE FLATWOODS (>75% Exotics) 0415-E3, MIXED PINE (51-75% Exotics) p415 -E4, MIXED PINE (>75% Exotics) =624-E3, CYPRESS -PINE -CABBAGE PALM (51-75% Exotics) 08146, PRIMITIVE/TRAILS Iai-4,I-o , Ir.io IwVnR cxwiwi wTai_, Ii c: Native Ve etation Collier Count Sorts Complex i 0' j o' 101 k AV N U h� 9 and Events Center - Phase 2 110 (2 _�9 304 0030 I AX (239) 324-0V-4. LIIN. ,E NI ."vi—In-W, LLC www fir'"rId'a "°`, 11/11/19 N/A AS SHOWN D COLLIER COUNTY SPORTS COMPLEX (on City Gate) COLLIER COUNTY RESOURCE RECOVERY PARK Note: Subject Property boundary obtained from Davidson Engineering. 500 250 0 500 Feet �'„"""„'„'.'„�Subject Property ® Right -of -Way (14.92 Ac) Native Vegetation (90.98 Acres) FLUCCS Mapping I_..,. 159, INDUSTURAL UNDER CONSTRUCTION '.. 411-E2, PINE FLATWOODS (26-50% Exotics) '_.....'. 411-E3, PINE FLATWOODS (51-75% Exotics) 411-E4, PINE FLATWOODS (175% Exotics) i..:: 415-E3, MIXED PINE (51-75% Exotics) 415-E4, MIXED PINE (>75% Exotics) '.......7.624-E3, CYPRESS -PINE -CABBAGE PALM (51-75% Exotics) 8146, PRIMITIVE/TRAILS 170 T�,°i �.pKt1t ai-,, I , i f 1\4 I- ai-, Native Vegetation Collier Count Sorts Complex 1- VEND �'��'�' '�" " " " 9 and Events Center - Phase 2 110 (2 _�9 304 f,1,30 1 AX (239) 324-00 q ,EETNO � o,«,NI 11ILL Environmental, LLC www. t'fl,"Id;a.<"", 10/1/19 N/A AS SHOWN 170 171 Environmental Data for PUDR 1 D D , Environmental Information for County 305 Property Earth Tech Environmental, LLC 172 www.eteflorida.com 173 174 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". 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 0 = 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 175 ���� 3fd5 Remarm�ier Property . Sports Park Parcel CGWIP 0BG 1'Di—sm IL6n o. 6.62C.— ...............1 Rropossd Road ROW 13,93 Acres 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. 176 177 178 COLLIER COUNTY 305 Protected Species Survey SECTION 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Prepared By: ib Environmental, LLC January 2, 2019 179 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 Protected Species Survey 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 Earth Tech Environmental, LLC 180 www.eteflorida.com Protected Species Survey 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 1-75 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. lk Earth Tech Environmental, LLC h Figure 1. Site Location Map 181 PI SPRINGS www.eteflorida.com Figure 1. Site Location Map 181 PI SPRINGS www.eteflorida.com Protected Species Survey 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). 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 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 Earth Tech Environmental, LLC 182 www.eteflorida.com Protected Species Survey 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 1-75/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 Earth Tech Environmental, LLC 183 www.eteflorida.com Protected Species Survey Earth Tech Environmental, LLC Figure 2. Aerial with FLUCCS Mapping 184 www.eteflorida.com 0 ED Sulbpa Property FLUCCS Mapping 411-E2, PINE FLATWOOOS (28-50% EX.111 s) 411$3, PINE FLATWOOM (51-75`46 Exdi-) 9%% 411-E4, PINE FLATWO005 (,751/.ExcdI 415-E3, MIXED WINE (51- 75% EXMI-) Protected Species Survey 415-E4, MIXED (PINE (575% ExotIC 428-E5, p'ABBAG E PALM [611-75% EWttC6] 524-E3, CT PRESS -PINE -CABBAGE PALM (.51-75°rL Ent.) � + 745-E4, BURNED AREAS (175% Ero11c's) 4140, PRIMI71VEITRAILS 400 200 0, 400 Svbj.,t Gn,. yb --y of ned fiom Da tl Enp peering Earth Tech Environmental, LLC 1-75 Figure 3. FLUCCS Mapping 185 www.eteflorida.com Protected Species Survey 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 05% 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 05% 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 (elechnum 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 05% 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 Earth Tech Environmental, LLC 186 www.eteflorida.com Protected Species Survey 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. Earth Tech Environmental, LLC 187 www.eteflorida.com TABLE 3. PROTECTED SPECIES LIST ACCORDING TO FLUCCS CATEGORY FLUCCS Code Potential Listed Species Scientific Name Designated Status FWC or FWS FDACS 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 Earth Tech Environmental, LLC 187 www.eteflorida.com Protected Species Survey 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(SIA) = 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. Earth Tech Environmental, LLC 188 www.eteflorida.com Protected Species Survey Earth Tech Environmental, LLC Figure 4. Transect Map & Field Results 189 www.eteflorida.com Protected Species Survey 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 Dasypusnovemcinctus OH N Wild Hog Sus scrofa OT N White -Tailed Deer Odocoileus virgini.anus OT N Reptiles Water Moccasin Agkistrodon piscivorus DV N Black Racer Coluberconstrictor 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: C = Cavity DB = Day Bed DV = Direct Visual HV = Heard Vocalizations) MT = Marked Tree Observations: N = Nest OH = Observed Hole/Burrow OT = Observed Tracks R = Remains S = Scat Status: CE = Commercially Exploited FE = Federally Endangered FT = Federally Threatened SSC = Species of Special Concern ST = State Threatened Below are discussions of each listed species observed on the Subject Property: I istpd 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: Earth Tech Environmental, LLC www.eteflorida.com VANDERBILT BEACH JE BLVD Protected Species Survey Figure 5. Florida Bonneted Bat Consultation Area and Focal Area I: 5nbient Pr.p.,tr 2019F98 C—, Itat�on Anse 2019 FE8 Cansultataon Area - Urban Bat Area Bonneted Bal IF—I Avec Florida Bonneted Bat (Eu ops 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. Earth Tech Environmental, LLC a www.eteflorida.com Protected Species Survey � IIW IIVI ° p $ �uu LEE COUNTY f an" iL ,. �. ........ Ui.:: Y a,✓ WELL RD �✓", a 1� , . ___.',��L a`� ,N.�:� ::..:.. m ....... .L u w L. Wp.. .O Lm I ND �ELT� R I SUBJECT PROPERTY ... V �. a .. eo�DEN GAT w / a .�I ,L � � � E BLVD n a, v �I u ��PII�E�RIDGpE RD u k .' .. �A�4 a J,t7�y � I -- 'ya�, GOLD TE F•K R'a4'.I �,, u _.I... .. � ... E m w,aar4""� °maru9�C"E ,r� w u " �- - Raoao RD DAVIS' m o rzrr v sr,ulect Properey " _ i. nrofim - J '�� Wood stork colonies (usFws through 2C � IBBNllle Cerra Foraging Areas R %^jPy I �rfir� Tq wi Managed Lands9 Itl N 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. Earth Tech Environmental, LLC a www.eteflorida.com Protected Species Survey a 7� 9, __ �., ,. ..•..�., .• • • • • • °s �I .� •+,. e as A u. �_. • • 1 • Soo 0 SUBJECT PROBE RTYas �• �" • 41 " is as n� " • Y'� O rq er •• • .Yr r RADIA RO-��:14;.... �.a..l .^i.* y 175 • 4 Ip Ex i^ �I �l �ggis oAvIs'LVD .,,. r' rt, rI a,: , d •} s/� i' �p9urec�r��AMv 0 a O FI ff" her 7'I ,P' NSFW6.Yan 20rYttt ©i June 2Ui9] 4tl00 as US 1���FaIJ5F6 PenPMar C©ns, IAet an Area � �, I���;IN lMS Panther Habitat Zones p�y�y�Yly P [P [M1 Habitat rrs�ersai Hanw�o IIUhruo mnrca ^'h, ..a'"-,.. 61, Mrti�%t. ti 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. Earth Tech Environmental, LLC 193 www.eteflorida.com Protected Species Survey 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. Earth Tech Environmental, LLC 194 www.eteflorida.com PKWY ��GATE ���� SUBJECT PRC)PERTY r r lr U RAD I O RO I.7S O� _ Sublect Property I ®' Black Bear TalemCiry o Black Bear Related Calls in Florida yolau�lol� 1 -Mils Radius nl Black Bear Presence JMmImmmMmIm Abundant VUIIUIIIUIIl0111U CQnI ' 0CL i01'al ��''jj ////�-y11 G�l1dl/��1i1 Ranc 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. Earth Tech Environmental, LLC 194 www.eteflorida.com Protected Species Survey Figure 9. Bald Eagle Map Bald Eagle (Holioeetus leucocepholus) There are no FWC-documented bald eagle nests within 0.5 -mile of the Subject Property. See Figure 9 above. Earth Tech Environmental, LLC 195 www.eteflorida.com Protected Species Survey 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/suppI file/062015-ifwm- 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://mvfwc.com/imperiledspecies/ Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of Transportation. January 1999. http://www.fdot.gov/geospatial/documentsandpubs/fluccmanua11999.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, 5t" 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 Earth Tech Environmental, LLC www.eteflorida.com 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: U.S. Army Corps of Engineers 1520 Royal Palm Square Blvd. #310 Fort Myers, FL 33905 Z�Ww U.S. Fish & Wildlife Services (USFWS) South Florida Ecological Services Field Office 133920t" Street Vero Beach, FL 32960 Prepared By: �„ recd Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 EnAmnmenW, LLC www.eteflorida.com May 9, 2019 Florida Panther Impact Assessment TABLE OF CONTENTS 1.0 INTRODUCTION...................................................................................................................................... 3 2.0 LOCATION...............................................................................................................................................3 3.0 VEGETATION MAPPING..........................................................................................................................5 4.0 FLORIDA PANTHER (Puma concolorcoryi).............................................................................................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 Earth Tech Environmental, LLC www.eteflorida.com Florida Panther Impact Assessment 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 1-75 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. .� - COLLIER' COUNTY I A Figure 1. Site Location Mop Earth Tech Environmental, LLC www.eteflorida.com Florida Panther Impact Assessment Figure 2. Aerial Map Earth Tech Environmental, LLC www.eteflorida.com Florida Panther Impact Assessment 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. Earth Tech Environmental, LLC www.eteflorida.com Florida Panther Impact Assessment 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. Earth Tech Environmental, LLC www.eteflorida.com Florida Panther Impact Assessment 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. Earth Tech Environmental, LLC www.eteflorida.com � .:� Rin GIIE RD PLEA • ° ...�,,, • • m, • p S BJECTPRaPERTY� Gi �.� G ::.. �...® .® °o 00 , w".., m,N 1R o o e o ° ° e .... rT __ ° ® e° J...a ° . � GOLD EN..GA � '� �� �'4 � � 00 0 0 ,4'(- Iww....)I �,.. u qy".i �� o a 9 9.. • ® „0� 0 00 ® o 0 vu V 0 ° r om ° 0-e00: - y mom° •C e a a a o � .rti�rr Ra,a � u � . � I � • ® r �"�� u . ��'� � • � �� � ��e a 00..� �l ee �° 0 DAVIS 2LVD • Uw �. owd"�SFPSP IherC ........... • i a F m Ti vvr �stusw,�zn,e, WSIMS Panther Hah•at Zones VD7YY b , Pan1M1e bin o a iHauet '., N dt A $ • o ®f ae 0 e®1 Goo ee o4 ®• oo °oo oew wsoof o °0 ° �.V°° . °0 ® �® e ® eft gy �oe1 e ° f� ®ooe 0® 00 o • • @% • • 0 o eo 4 • 00 0 se ��e a Ooh• '0 a eo° eo° ® 0 9 ° 0 Figure 4. Florida Panther Consultation and Focol Area Florida Panther Impact Assessment 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. Earth Tech Environmental, LLC www.eteflorida.com B COLLIER COUNTY SPORTS COMPLEX (on City Gate) Florida Panther Impact Assessment Noter. Sublect Pru Party boundalry abtzined tram Davidson Enginleening- 400 20,0 0 400 Feet Figure 5. Site Plan and FLUCCS Map L jswbOent P"Pe"y _..... Slide Plan FLUCCSMapping 159, INOL1STt1RAL UNDER CONSTRUCTION. 491-E2, PINE FLATM005 (26-50% Exotilc6) 491-E3, PINE FLATN Q05 (51-75°ln Exotics) 491-E4, PINE FLATWO'OOS (,75% Ex©tica) 4115-E3, MIXED PINE (51-75% E--) 415-E4., MIXED PINE (17FA EM,Ij.) BI CYPRELS-RNE-CABBAQE PALM (51.75% Ellb-) 81146, PRIMA ITIVDITRAILS Earth Tech Environmental, LLC www.eteflorida.com Florida Panther Impact Assessment 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. Earth Tech Environmental, LLC www.eteflorida.com Florida Panther Impact Assessment TABLE 3. PHU CALCULATIONS Percent Exotic (E) FLUCCS Total Presence Impacted Assigned Value Description Cover/Native (N) PHUs Lost Code Acres Acres Acres (PHUs/Ac) Cover* Industrial Under 159 8.33 0 8.33 N/A 0 0.00 Construction Pine Flatwoods 37% E 3 12.50 411-E2 11.26 0 11.26 63% N 9.5 67.39 (26-50% Exotics) Pine Flatwoods 63% E 3 98.37 411-E3 52.05 0 52.05 37% N 9.5 182.96 (51-75% Exotics) Pine Flatwoods 88% E 3 11.93 411 E4 4.52 0 4.52 0 12/o N 9.5 5.15 (>75% Exotics) Mixed Pine 63% E 3 25.04 415-E3 13.25 0 13.25 37% N 9.5 46.57 (51-75% Exotics) Mixed Pine 88% E 3 39.52 415 E4 14.97 0 14.97 0 12/o N 9.5 17.07 (>75% Exotics) Cypress -Pine- 63% E 3 42.09 624-E3 Cabbage Palm 22.27 0 22.27 37% N 9.2 75.81 (51-75% Exotics) 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 Earth Tech Environmental, LLC www.eteflorida.com Florida Panther Impact Assessment 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. Earth Tech Environmental, LLC www.eteflorida.com Florida Panther Impact Assessment 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/fluccmanua11999.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. Earth Tech Environmental, LLC www.eteflorida.com Wood Stork Foraging Analysis 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: U.S. Army Corps of Engineers 1520 Royal Palm Square Blvd. #310 Fort Myers, FL 33905 v.� U.S. Fish & Wildlife Services (USFWS) WbN�WIWlIF'E' South Florida Ecological Services Field Office 1339201h Street a 'Y U Vero Beach, FL 32960 Prepared By: Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 EnvimnmenW, LLC WWW.eteflorida.com May 13, 2019 Earth Tech Environmental, LLC www.eteflorida.com Wood Stork Foraging Analysis TABLE OF CONTENTS 1.0 INTRODUCTION.................................................................................................................................... 12 2.0 LOCATION.............................................................................................................................................12 Aerial Map 3.0 VEGETATION MAPPING........................................................................................................................ 14 4.0 WOOD STORK (Mycteria americana)................................................................................................... 17 5.0 ANALYSIS METHODOLOGY................................................................................................................... 17 6.0 RESULTS................................................................................................................................................17 Proposed Site Plan 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 Earth Tech Environmental, LLC www.eteflorida.com Wood Stork Foraging Analysis 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 1-75 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. 1 I TAIIA1 EE JACKSONVILLE • I .. �DRLANDi ,��,. t. w I • k u 4�EAR4NATER l IbeT PETEFYaBUF2G �1 T y t l tilt � �k4 4 t f.... X Way ' CiAPE, CORAL • OKE PINO. COLLIER COUNTY Figure 1. Site Location Mop Earth Tech Environmental, LLC www.eteflorida.com Wood Stork Foraging Analysis Figure a. Aerial Mop Earth Tech Environmental, LLC www.eteflorida.com Wood Stork Foraging Analysis 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. Earth Tech Environmental, LLC www.eteflorida.com Wood Stork Foraging Analysis Figure 3. FLUCCS Mop Earth Tech Environmental, LLC www.eteflorida.com Wood Stork Foraging Analysis 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 Earth Tech Environmental, LLC www.eteflorida.com Wood Stork Foraging Analysis 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. SUBJECT PROPERTY x I '" i Oi YYY °N r..........r I�� f W n II OIL WELL R@ Vaal W I a VANDER�BILT EACH I QQLpEGOLDS N GAPE BLVD Y� r PINE RI6CE R[7 7. „ ld �v ay I� �hk��Ygryr 0 V ���„o'„..„E oF w \ 4 ,- E. �a a a Raoo°AVIsgLvoy.n-. �...... ..,.__.....--a'' v ..�fs W ya .p qp,„ III„ "...M., m, 4 " r QILLI r� i7u� ai „..„.., wvoor�saorkcalo�ie.�uslrwsao�a .. 5ubed Pra er[ �I .. .. II �. 9 W.... A8,5 -Mile Gorce Foraging Areas vv k�.. u...�� Figure., Wood Stork Core Foraging Arco 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. Earth Tech Environmental, LLC www.eteflorida.com V COLLIER COUNTY SPORTS COMPLEX (on City Gate) Wood Stork Foraging Analysis Note: Subpect Property boundary 0 stained from Davidson Ensnwong 400 200 0 400 Feet Figure 6. Site Plon M3ridI P,.p.rty site PWX FLUCCISM.ppi.g 159 1 NDUS7URAL UNDER CONS7RUC710IN 411'1-E2, PINE FL47WOODS tl26-50% Exol-� 4111-153 PINE FLATWOODS q51-75 h EKoks� 471-124 PINE rLA7WOODS q,75% EX.1k.) 4116-E3, MIXED PINE Q51-75% Exert—) 415 154 MIXED FINE Q-75% E-6,.) 624-E3, CYPRESS-IENE-CABBAGE PALM (51-75% E-t—� 804B PRIMINVLfIHAILS Earth Tech Environmental, LLC www.eteflorida.com Wood Stork Foraging Analysis TABLE 2. CALCULATION OF Kg FORAGING BIOMASS LOST FROM WETLAND IMPACT FOOTPRINT IMPACT AREA Actual Fish Biomass F.S.I FLUCCS FLUCCS (FROM Biomass Biomass Hydroperiod Acres % Exotics Consumed (FROM m^2 Code Description USFWS (g) (kg) USFWS TABLE 10) TABLE 3) 624-E3 Cypress -Pine- Class 1 22.27 75-90 0.08 0.03 90,123.57 216.30 0.22 Cabbage Palm TOTALS 22.27 1 1 1 1 1 1 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. Earth Tech Environmental, LLC www.eteflorida.com Wood Stork Foraging Analysis 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. Earth Tech Environmental, LLC www.eteflorida.com �m E N G I N E E R I N G ..... .. .. - - - - - - - - - - - 1. Z,., E T—l", mn,­­ 0. - - - - - - - - - - - FT ft Z�z _ ---------- -- ft - - - - - - - - - - o .... . ... . w P 0 6 tt .. ... ... ....... R. 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It is assumed 6,000 SF per service station for the demand calculations with 4 water closets per facility. Hotel & motels Regular Rooms - 100 GPD Resort hotels, camps, cottages per room - 200 GPD Office building - per 100 sf of floor space - 15 GPD ***As there is no category for general commercial space specifically in the FAC, it has been estimated that the demand would be approx. the same as office ***As there is no category for general industrial space specifically in the FAC, it has been estimated that the demand would be approx. 2/3 of the office demand which inlcudes a loading bays. Five caretaker units allowed per PUD. It is assumed the Caretaker Units will have on average 2.5 occupants and have been calculated as a two bedroom residence at 200 GPD. 2018 EXISTING CONDITIONS - PUD MONITORING REPORT Site/Building Uses Units SF/Seats/Rooms Demand/unit Total Average Daily Demand Peak Hourly Flow (GPM) Hotel/Motel Regular rooms 211 100 21,100 59 Resort rooms 200 - - Commercial 3,643 0.15 546 2 Offices 26,421 0.15 3,963 11 Other- Includes all light industrial uses 133,862 0.1 13,386 37 Total (GPD) 38,996 GPD 157,051 GPD Total (GPM) 27 GPM 109 GPM Original Peaking Factor 4 10 State Standards Peaking factor by converted flow to equivalent population 4.03 Assumptions: 3 Service stations are allowed. It is assumed 6,000 SF per service station for the demand calculations with 4 water closets per facility. Hotel & motels Regular Rooms - 100 GPD Resort hotels, camps, cottages per room - 200 GPD Office building - per 100 sf of floor space - 15 GPD ***As there is no category for general commercial space specifically in the FAC, it has been estimated that the demand would be approx. the same as office demand. ***As there is no category for general industrial space specifically in the FAC, it has been estimated that the demand would be approx. 2/3 of the office demand which inlcudes a loading bays. 2019 PDDR - PROPOSED USES Site/Building Uses Units SF/Seats/Rooms Demand/unit Total Average Daily Demand Peak Hourly Flow (GPM) Existing City Gate Boundary 18 400 7,200 16 10,000 SF General Office Hotel/Motel 1,500 3 Caretaker Unit 1 200 Regular rooms 750 100 75,000 171 Resort rooms 500 200 100,000 227 Commercial 188,000 0.15 28,200 64 Offices 542,400 0.15 81,360 185 Other - Includes all light industrial uses 1,401,000 0.1 140,100 319 CC Sports Complex 1 29,775 29,775 68 Caretaker Units 5 200 1,000 2 Sub -Total (GPD) 455,435 GPD 1,491,382 GPD Sub -Total (GPM) 316 GPM 1,036 GPM CC Sports Complex Extension Overall Total (GPD)j464,335 GPD 1 1,520,526 GPD Overall Total (GPM)j322 18 Multi -Purpose Fields 18 400 7,200 16 10,000 SF General Office 10,000 0.15 1,500 3 Caretaker Unit 1 200 200 0.5 Extension Total (GPD) 8,900 GPD 29,144 GPD Extension Total (GPM) 6 GPM 20 GPM Proposed PDDR -Overall Totals Overall Total (GPD)j464,335 GPD 1 1,520,526 GPD Overall Total (GPM)j322 GPM 1 1,056 JGPM Original Peaking Factor 4 10 State Standards Peaking factor by converted flow to equivalent population 3.27 Assumptions: 3 Service stations are allowed. It is assumed 6,000 SF per service station for the demand calculations with 4 water closets per facility. Hotel & motels Regular Rooms - 100 GPD Resort hotels, camps, cottages per room - 200 GPD Office building - per 100 sf of floor space - 15 GPD ***As there is no category for general commercial space specifically in the FAC, it has been estimated that the demand would be approx. the same as office demand. ***As there is no category for general industrial space specifically in the FAC, it has been estimated that the demand would be Multi-purpose fields - Assumes 100 seats per field, 4 fields x 100 people = 400 GDP/field Seven caretaker units allowed per PUD. It is assumed the Caretaker Units will have on avareage 2.5 occupants and have been calculated as a two bedroom residence at 200 GPD. The Sports Complex was calcauted at 29,775 GPD per the FDEP permit and includes one three bedroom caretaker unit at 300 GPD. Wastewater Demand Flow Comparison Average Daily Flow (GPD) Peaking Factor Peak Hourly Flow (GPM) % Change 2018 PUD 455,270 3.28 1,038 2018 Existing Conditions per PUD monitoring report 38,996 4.03 109 -91% 2019 PUDR - Existing City Gate Boundary 455,435 3.27 1,036 0.0% 2019 PUDR - Overall PUDR w/ Sports Complex Extension 464,335 3.27 1,056 2.02L 2019 Existing Conditions w/ Sports Complex 68,771 3.90 186 -85% 1 Hotel Room = 519 SF of Industrial Space 1 Hotel Room = 577 SF of Office Space County Sports Complex = 293,600 SF of Office Space DECivil Engineering • Planning • Permitting E 114 t�u E E R 0 F4 G DesigningExcellence ESTABLISHED t99 MEMORANDUM 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 w� z 0Zo °z a6 oW O N O N a -i O A loxQ a � V .4 cn W O � 20 co o°� W J N Q a a � O V a C • • P s • 4 65 Radio •; #201 Naples,1 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared Joe Heynen who on oath says that he serves as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. DECEMBER 29, 2019 Subscribed and sworn to before on January 611, 2020: Notary, State of WI, County of Brown A 111 G IIA I II V� I.�rw.w., p ,w.q»�ro,,�iq✓w I � N 0. 0 WA4� 9� � II �4�„d '4, I li My commission expires: August 6, 2021 Ad No GC10334000 Customer No: 505018 P NEIGHBORHOOD IN O O E G 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 (1-75) 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. Planned .Unit Development Rezone .,(P DR L0µ1900014 , to the City Gate Commerce arl Mixed -I se Planned Unit Development (MPUD) to add .123.05 -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 tie master development plana to increase the maximum hotel rooms from 950 to a total of 1,250, to eliminate deviations that no longer appl ; to add' deviations pertaining to preservation, landscaping/buffers, maximum wall hei �t and parking requirements; to increase the maximum caretAer units from 5 to a total of ; to permit leasingg of the Sports Complex facility to professional sports tean,is, by Board approval; addition ofi permitted uses within preserve areas; addition of accessory uses within -the Lake and Recreational Tract; to update the minimunmi parcel size and width for lots east of the IPL easement; to add development standards for lots abutting the Labe and Recreational Tract„ addition of setbacks from preserve areas; addition of maximum hei ht for poles and netting; to remove outdated developer cornmitments; to add a developer commitment pertaininto the Sports Complex Extension; to add permitted uses to Exhibit A-3, SIC codes„ to uplate Exhibit AA Cross, Section; toupdate 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 n°iaintenance of vegetation. Development Order Amendment (DCS PL QU 0 L14�!) to the Citygate Commerce Park Develops nt of Regional Impact (DRI to add 123.05 -acres into the DRI for the Sports Com lex Extension; to revise the lege desoriptior�', to add development intensity for the Spor s Complex Extension; to arr enrl the master development plan; and to extend the termination data If you are unable to attend this meeting but have questions or comments, they can be directed by ',grail, phone or e-mail to the individual listed below: Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 • Naples, FL 34104 Phone: 239-434-6060 Email: jessica@davidsonengineering.com IDE DAVIDSON 14 G, 0 n',J e F IR VII, G ESTABLISHED 1997 December 19, 2019 Dear Property Owner, Civil Engineering • Planning • Permitting DesigningExcellence The public is invited to attend a Neighborhood Information Meeting, held by Davidson Engineering, Inc. on: Tuesday, January 14t., 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 (1-75) 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: iiessicaG5)davidsonenainee i1na.corrn 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com llC DAVIDSON E I'•4 G 1 ,4 E II:: I'4'. I W w IIINIW�ri�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf�IXf J Project Location Q -Radio-RD--, NJa 175 3819 3815 WHITE LAKE 3823 WHITE LAKE BLVD LLC 850 NWN LLC BLVD ASSOC LLC 8014 FLAGLER COURT 9010 STRADA STELL CT STE 207 121 S MAIN ST # 500 WEST PALM BEACH, FL 33405---0 NAPLES, FL 34109---0 AKRON, OH 44308---0 ACCENT FLOOR COVERINGS AIMEE, MARIE EMMANUELLE ARC SANPLFL001 LLC OF SOUTH WEST FLORIDA INC JAMESLEYJOSEPH % AR CAPITAL LLC 3720 25TH AVE SW 4070 32ND AVE SW 405 PARK AVE15TH FL NAPLES, FL 34117---7128 NAPLES, FL 34116---0 NEW YORK, NY 10022---0 ARH DEVELOPMENT LLC ARREAGA, CARLOS A & VERONICA 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NAPLES, FL 34117---0 PROFIT SHARING PLAN TRUST1475 OSPREY AVE NAPLES, FL 34102---3448 O'HARA & GRAY LLC O'HARA & GRAY LLC OLSZEWSKI REVOCABLE TRUST 121 S MAIN STREET STE 500 6220 TAYLOR RD #104 3190 SAFE HARBOR DR AKRON, OH 44308---0 NAPLES, FL 34109---0 NAPLES, FL 34117---8407 PARRECO LIMITED PARTNERSHIP PETERSON, JAMES D PHILLIPS, MATTHEW N & MARY J %THEODORE J PARRECO 3781 31ST AVE SW 210 CENTER CT 8310 WHISKEY PRESERVE CIRCLE#241 NAPLES, FL 34117---8457 VENICE, FL 34285---0 FORT MYERS, FL 33919---0 PLOVER GROUP PROPERTIES LLC PLUC, ANNA PRICE, JEFFREY L & TAMMY S 4480 7TH AVE NW 3791 31ST AVE SW 4050 32ND AVE SW NAPLES, FL 34119---1528 NAPLES, FL 34117---0 NAPLES, FL 34116---8314 PS FLORIDA ONE INC RAY, CHRISTINE REFERENCE ONLY 701 WESTERN AVE 3170 SAFE HARBOR DR WHITE LAKE ANNEX I GLENDALE, CA 91201---0 NAPLES, FL 34117---8407 A CONDOMINIUM REYES, CESAR O FORTE RICH, ROLAND & RUTH RIDDLE, MELINDA PANIAGUA DAYLEN M RAMIREZ BENEDIT 3170 41ST ST SW 3841 31ST AVE SW 3461 31ST AVE SW 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FL 34117---8459 ONTARIO, CA 91761---0 TALAGA, MARK DANIEL TERRA HOSPITALITY FLORIDA LLC THALHEIMER, SANFORD C & ERIKKA 3720 31ST AVE SW % RYAN LLC 3210 31ST AVE SW NAPLES, FL 34117---0 500 E BROWARD BLVD #1130 NAPLES, FL 34117---8448 FORT LAUDERDALE, FL 33394---0 TITAN FLORIDA LLC URIKA III INC VICTORIA ESTATES LTD ET AL 5700 LAKE WRIGHT DR #300 567 PARKWOOD LN 8441 COOPER CREEK BLVD NORFOLK, VA 23502---1859 NAPLES, FL 34103---8534 UNIVERSITY PARK, FL 34201---2006 VIVIAN HORAK TRUST VU, TRI HUY WHITE LAKE COMMONS ASSOC INC 408032ND AVE SW TRANG MINH THI VU % SENTRY MANAGEMENT INC NAPLES, FL 34116---8314 FRANCIS H VU10339 AMBERWOOD CIR 2180 WEST SR 434 #5000 FOUNTAIN VALLEY, CA 92708---5237 LONGWOOD, FL 32779---0 WHITE LAKE COMMONS ASSOC INC WHITE LAKES REALTY LLC WHITE, JUDSON G 2180 WEST SR 434 12737 FORREST DR 3330 31ST AVE SW SUITE 5000 EDINBORO, PA 16412---1281 NAPLES, FL 34117---8450 LONGWOOD, FL 32779---0 WHITNEY, FERNANDA V WOOD & ROCK DESIGNS INC Golden Gate Estates Area Civic GEORGE D MCCRANIE 5425 BOXWOOD WAY Association, Inc. BARBARA GODLESK13711 31ST AVE SW NAPLES, FL 34116---0 PO Box 990596 NAPLES, FL 34117---0 Naples, FL 34116 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 State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 191h day of December, 2019 by Jessica Harrelson, who is personally known to me or who has produced as identification. TOCKKAMUNam WCOU"Wokfw3w Signature of Notary Public) Printed Name of Notary DOA-PL20190001497 PUDR-PL20190001494 (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 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. 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 4 � IGNATU E OF APPLAIAT OR AGENT NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER STREET OR P.O. BOX CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this day of , 20_, by , personally known to me or who as identification 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 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 ORDINANCE NO. 18 - 13 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, TO REVISE THE LEGAL DESCRIPTION AND CORRECT THE ACREAGE OF THE MPUD; TO UPDATE THE MASTER DEVELOPMENT PLAN INCLUDING DESIGNATING A LAKE/RECREATIONAL AREA, ADDING EXTERNAL ACCESS POINTS ALONG THE EASTERN MPUD BOUNDARY AND ADDING THE COLLIER COUNTY SPORTS COMPLEX; TO PROVIDE CONVERSIONS TO ALLOW ADDITIONAL HOTEL AND MOTEL UNITS AND THE DEVELOPMENT OF THE COLLIER COUNTY SPORTS COMPLEX, WITHOUT INCREASING THE OVERALL ORIGINALLY APPROVED BUILDOUT TRAFFIC; 'TO PROVIDE DEVIATIONS FOR SIGNAGE, FLAGPOLES, PARKING AREAS, LANDSCAPE AREAS AND BUFFERS, ARCHITECTURAL, REVIEW STANDARDS, NATIVE VEGETATION AND WATER MANAGEMENT; TO CLARIFY PERMITTED USES AND ADD DEVELOPMENT STANDARDS FOR 'THE SPORTS COMPLEX, INCLUDING BUILDING HEIGHTS; TO UPDATE BUILDING HEIGHT'S ELSEWHERE; IN THE MPUD; TO REMOVE OUTDATED COMMITMENTS; TO ADD EXHIBITS INCLUDING EXHIBIT A-3 PERMITTED USES BY SIC CODES, EXHIBIT A-4 CROSS SECTIONS -NORTH BUFFI;',R, EXHIBIT A-5 SIGN DEVIATION EXHIBIT, AND EXHIBIT A-6 REQUIRED YARD PLAN; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTING OF 291.55 ACRES IS LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF 1-75 AND COLLIER BOULEVARD (CR 951) IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY, FLORIDA. [PL201700023301 WIIEREAS, on December 13, 1988, the Board of County Commissioners adopted. (1) Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development (the "PUD-) and (2) Development Order 88-02 (the "Development Order"), which approved a Development of Regional Impact (DRI) known as Citygate Commerce Park Development Order; and WHEREAS, on December 1, 2009, the Board of County Commissioners adopted Ordinance No. 09-69 to allow streets to be public, and 1:17 -CH'S -01712/1402882/11 328 Underlined text is added; Str�ro4i text is deleted. Civ, Gate PUDA-111-201 70002330 3/27/18 Page 1 of 3 WHEREAS, on November 9, 2010, the Board of County Commissioners approved Ordinance No. 10-42 which amended the PUD to remove the provisions relating to the Red -Cockaded Woodpecker WHEREAS, 850 NWN, LLC, a Florida limited liability company, and CG 11, LLC, a Florida limited liability company, (collectively "Petitioner") owns the PUD property east of the FPL Easement; WHEREAS, Roger B. Rice, of Roger B. Rice, P.A... and Frederick Hood AICP of Davidson Engineering, Inc. representing the Petitioner, petitioned the Board of County Commissioners of Collier County, Florida, to amend the PUD; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on March 1, 2018-, and WHEREAS, the Petitioner and the Board of County Commissioners desire to amend the PUD. NOW, TIIF."REFORE, BE 11' ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTSTO THE PUD DOCUMENT IN ORDINANCE NO. 88-93, AS AMENDED, THE CITY GATE COMMERCE PARK PUD. The Planned Unit Development Document in Ordinance Number 8893, as amended, is hereby amended and superseded by Exhibit A attached hereto and incorporated by reference SECTION "TWO; CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion, I l7 -CTS -01712/1402882/11 328 Underlined text is added;Stw-$. ug -h text is deleted. City Gaic 11UDA-PL20170002330 3/27/18 Page 2 of 3 SEcriON THREE: EFFECTIVE DATE. 1'his Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote by the Board of County . I "i,[ Commissioners of Collier County, Florida, this day of 2018. ATTEST: DWIGHT i". BROCk' CLERK By: "A" /Y e--puty Clerk sivaturf"101y Approved as to form and legality: I leidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A -- PUD Document IONERS 0 ' ANDY SOLIS, Chairman Thi's, Grid ocknow�ecJgem')Wni )f Wi, nceived i it ckly [I 7 -CPS -0 1 71 2/1 402 882/1] 328 Underlined text is added; $4-u,&44roug4 text is deleted. City Gate PUDA-111,20170002330 3/27/18 Page 3 of 3 Josh Fruth Davidson En6ineering, Inc. Na es FL 34104 Naples, FL 34109 Date Approved by CCPC: 2009 Amended Ordinance Number: 09-69 2010 Amended �A proved by BCC-. 11 �O9 2010 Ordinance Number: 10-42 City Gate Commerce Park N1PUD PUDA-PL20170002330 Underlined text isadded; S*+c��text isdeleted March 27'2O18 � Mw ww i PROPERTY OWNERSHIP AND DESCRIPTION 4 --- 6 3-8 |i PROJECT DEVELOPMENT 4-44- 9-23 Ui PROJECT DEVELOPMENT REGULATIONS |V� PROJECT ENVIRONMENTAL REQUIREMENTS V, TRAFFIC AND ENGINEERING REQUIREMENTS 29 2935-36 Vi UTILITIES REQUIREMENTS vii. RED COCKADED WQo[)DCfr—V[:D RA PECKER MANAGEMENT PL, EXHIBIT A-1 MASTER DEVELOPMENT PLAN EXHIBIT Ac2TABLE 12.B.3 EXHIBIT A-3PERMITTED USES — SIC CODES EXHIBIT A-4 CROSS SECTIONS -NORTH BUFFE� EXHIBITA-5 SIGN DEVIATION EXHIBIT City Gate Commerce Park N1PUD PUDA'PL20170002330 March 27'20I8 K Underlined text isadded�&t**e4��text isdeleted 1010114KIIII011111� Bum The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project WIM Title tothe property is currently in Land Trust #S36l held byCitizens & Southern Trust Company (Florida) National Association, Naples, Florida, P.O. Box 1857, Naples, Florida 33939-1857. The land trust constitutes a unified ownership vehicle. Decisions regarding trust management are made by single trustee in accord with management guidelines approved byamajority ofthe trust beneficiaries. limited liability com2anies�here and after "Cit Gate Successo�a._ City Gate Commerce Park N1PUD PUDA-PL20170002330 March Z7,2Ol8 3 Underlined text isadded; 4t**44*e++g4text isdeleted JOHNSON ENGINEERING, INC. Sheet Iof2 LEGAL DESCRIPTION WEST BOUNDARY LINE QP SAID PARCEL NORTH FEET TO A 4"X4" CONCRETE City Gate Commerce Park N1PUD PUDA-PL20170002330 Underlined text isadded; Stpac-�� text is deleted March 27, 2018 -'` Helm R AWNRIO A. HALF OP SECTION 35, TOWNSHIP 49 SOUTH, R, DESCRIBED AS POLLOWS: glWMIRELI "Ogg" SWRO R. AIRL —RES. M-222MTLM RX City Gate Commerce Park MPUD PUDA'PL20170002330 Underlined text isadded; &t**ek44+e++g4text isdeleted March 27,2O1O s A PORTION OF SECTION 35, TOWNSHIP 49 SOUT_H RANGE 26 EAST COLLIER COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED + +In XH W01" # + +« " im #I I I ILI1«0 ragin,41111201,1111 I a KOLA+ + + 11WAI "111 1@014FA111114H WH 1411 RKWAVITIMM LVA 0121 Off, FA I A 0 11 IN WA 1110TI 14 1011119 WA WWWJ 9901 H W] A . ♦. f I I + +11101111 a ! * +FA611WHOt + . ION D411.114101t +1111001+1111011 «"* + M HOMWOU + + • + 1TOWN « * * +1111104. «* • NMI "• • !` ! „« + • POINT City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; -Stp c `" 4 rr" text is deleted March 27, 2018 R INE4 11111I Golden Gate Canal. Development. T L he property lies in the Collier County Water Sewer District. The property elevation ranges from about 10.3 feet to 12.2 feet above mean sea level, averaging about 11 feet. Wetlands on the property are limited to about 28.5 acres, most of which has been previously subjected to extended periods of over drainage and exotic vegetation invasion. Most of the property is vegetated with pine and associated upland plants. Water management for the QtMg4AeCity {Gate Commerce Park project is to be the lake Golden Gate Canal through a single control structure. Development of4ityg*teCity Gate Commerce Park as a Planned Unit Development will comply with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The Comprehensive Plan Policy which most specifically relates to the C#Ngale{l�����project isPolicy ^D"ofObjective 3: City Gate Commerce Park MPUD PUDA-PL20170002330 March 27,2O18 7 UnderYineitext isadded; &tpa444*H�tex is deleted D. Guide economic development to encourage a diversification of the county's Compliance with Comprehensive Plan rests on the following factors: l. The QA-�� [ity Gateproperty meets the Comprehensive Plan rating point system with respect tothe availability ofpublic services and facilities. 2. The planned land use mix conforms tothe Future Land Use Map. 3. All project improvements will comply with applicable regulations. 4. The project will constitute a major work center with an excellent working environment. 5. The project will be sen/ed by complete range of services and facilities. This 2018 PUD Amendment is found consistent with the current Comorehensive Plan LCLrchnance No. 89-05, as amended) as the uses and intensities are consistent with Future Land Use Element Policv 5.3 and the Future Land Use Man designations in which the PUD is located. City Gate Commerce Park N1PUD PUDA-PL20170002330 March 27'2O18 11 Underlined text isadded; S*+xek4**e#4text isdeleted oommercia[Andustrial/office/rebted services project. The uses onsome, ifnot all, of the sites nearest [R 951 west of the F. P. & L easement will provide a variety of commercial services to highway tFaveleFs, with a speelal emphasis en the pFovis,� The remainder of the sites, both east and west of the F. P. &L. easement, will be utilized by commercial and industrial firms associated with technological research, product development, light manufacturing, storage and distribution, offices, and a wide variety of utilitarian and commercial support businesses. it is antieipated that so—me Citygate land uses will be44Pk-e4 G4Mga-te{]�L{ate Commerce Park will provide sites which accommodates a variety ofentrepreneurial activities in physical setting which isspacious, attractive, and free of the nuisance type characteristics which are typical of industrial districts of the past. A primary development objective ofC-#yg*t-eCity Gate� is that the structures, the amenities, and the natural and installed landscape be attractive and constitute a pleasant, satisfying employment environment. I !1111 11 111 P11 q1I I III III I 111 1111111111!111 11111 11 111 Ell applicable sections of the Collier County Zoning Ordinance, _@_t__Ih.e time of Construction Plans and Plat (PPL) approval. City Gate Commerce Park K4PUD PUDAPL20170002330 Underlined text isadded; St*ee444***+�text isdeleted March 27, 2018 C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Zoning Ordinance, at the time of D. "SPORTS COMPLEX PROJECT" — References herein shall mean the Sports Complex Lot and any abuttil,nR i)ropertv within the City Gate Commerce Park MPUD which is owned and/or defined herein will not include the Lake and Recreational Tract. A. The Master Development Plan for the project �s_was indicated on Map (H) of the Application for Development Approval and is an integral part of this PUD Document. Areduced version ofthe Master Development Plan isattached at the rear of this document, . Elements of the Master Development Acres -24±ZI16 -14 ± 13,84 4-0 4-2- ± 1I.00 ±GI.QO (±2.50 -acres Total 2-8-7 ± 291.55 Proiect Development, PPLs and SDPs, shall conform to the anproved Master Development Plan in all material respects. City Gate Commerce Park MPUD PUDAPL20170002330 Underlined !text isadded; 4t***k��text isdeleted March 27, 2018 10 B. In addition to the plan elements shown on the Master Development Plan, such easements and rights-of-way shall be established as may be necessary or desirable for the service, function or convenience of the project. L. Development intensity permitted within Q#y@4t-e{]1�{��� Commerce Park shall be limited tothe amount ofbuilding deve|opme set forth in Table 1I13.3, reproduced from the C#y@ate{}tyiGate Commerce Park A.D.A,and attached atthe rear cfthis document. The proposed development includes 90 0 ,OOQ_square feet of commercia,1_836 00 square feet of office, 1,920,000 sguare feet of Ljnclustria_l,___g�!��� educationaLsSace see Table 12.B.3L The amount ofbuilding development devoted tothe various land uses which will occupy the project may vary from the estimates incorporated in the A.D.A, but the aggregate amount of building development indicated byA.D.A. Table 12.8.3. may not be exceeded. The MPUD's total trips shall not exceed 5,999 net external two-way PIM )eak hour trips, as calculated in the approved A.D.A. ("Approved " ). In any development ed on the use codes in the ITE manual or 1"NUIRWO 107 11 CON 1111%, 1 NJ Un I 19 E4 WAV?m i City Gate Commerce Park MPUD PUDA-PL20170002330 March Z7,2Ol8 a Underlined text isadded; -Stpae4�� text is deleted The Master Development Plan indicates the basic nature of development permitted for the project as a whole, consisting ofa road network, a centrally located lake, a system of pedestrian ways, a lake front amenity site and corridors of development sites along which individual development parcels will be established, Installation of required streets, utilities, etc. may occur either inthe entirety, or in a series of increments, The purpose of the plan approval requirements is to provide a mechanism for the county staff to review detailed development plans and to determine if those plans will comply fully with commitments established by the PUD document DRI Development Order, County Zoning Regulations and all other applicable standards and regulations. County Staff approval of detailed development plans must be obtained prior to the construction ofproject infrastructure, Prior \othe issuance of building permits fora structure or structures on any development site, Site Development Plan approval must be obtained in accordance wjtlgee�� Code.I-and Development The Site Development Plan must be in substantial compliance with the project Master Development Plan, as that plan may be modified by Collier County from time totime. In addition to the listed eoReer:Hs C-4�� accordance to the Land DevtlopiLnent Code, the Site Development Plan review and approval process shall include consideration of architectural design, quality and building materials suitability as those matters relate 10the development quality commitments set forth in Section 2.2.A. of this document. City Gate Commerce Park K4PUD PUDA-PL20170002330 March Z7,2OI8 M Underlined text isadded; &t**c444*�text isdeleted Prior 10recording the record plat, final plans ofthe required improvements shall be approved by the Planning/Zoning Director and appropriate other Collier County Departments and Officials to insure compliance with the project Master Development Plan, the Collier County Comprehensive Plan, the Collier County Subdivision Regulations, and platting laws ufthe State of Florida. A. Article X, Section 16: Sidewalks shall be required as shewn OR the appreved M44e+ greets. Street pavement painting, striping, and reflective edging requirements shall be C. Article X1, Section 10: The requirement to install monuments in a typical water valve D. Article XI, Section 21: The requirement for blank utility casings shall be waived if all required utilities are installed prior to construction of the street base and pavement. City Gate Commerce Park MPUD PUDA-PO0170002330 March 27,ZO18 IN U-nderli-ned text is added; St**e�#+**e��text isdeleted 2.7. 1 Master Develqp��� of 61 11be foI_Io\minE cleviations a_re_being sought from the latest version of the Collier Count LDC at the timepf the adoption of this PUD AmenAment Ordinance and shall val�id throu �h any subsequent and superseding LDC versions. Any Sign exceeding the reauirements of PUD Section 2.7 3. thru Section 2.7 12. shall be a roved bv a supermaioritv vote of the Board of Collier County Commis��ioners. 1. INTENTIONALLY OMITTED street ., or combined 'public street frontage of 220 linear feet or more for corner lots, to ha OMIM the street frontage, and all setback requirements are met, to instead allow within Citv Gate Commerce Park Phase One PLat s recorded in Plat Bp k 41 aEes 6--7 City Gate Commerce Park MPUD PUDA'PL20170003330 March 27,2O1D 14 Underlined text is added; S*4444-*�text isdeleted 4. Deviation #4 seeks relief from ILDC Section 5.06.04 F.8.a "Flaus and Flag Poles," whi0h re uires that g fla22ole shall not exceed 50 feet 'in height from the finished gra g,_ nor extend more than ZUfeet from anvbui|dinRtowhich hisattach � d} The actual height of future structures on thg SpcLts Complex Project shall be_e-gual to the actual structure height plus the flagnole height. —For—exam e the maximurn -9—ctual maximum height of 125 -feet. non-residential developments at least 10 acres in size an arterial or collector ro pAd.proviclecl that there is a minimum 300-foot_2���� entrances, to instead allow six (6) flagpoles at each entrance within the SEorts Complex e 100 -foot minimum City Gate Commerce Park N1PUD PUDA-PO0170002330 March Z7'ZOlO In Underli-ne}text isadded; St**��text isdeleted 6. Deviation #6 seeks relief from LDC Section 5.06.04 F.9 "On -Premise Directional Signs," which requires that directional signs shall not exceed 6 square feet in area, 4 feet in height, be limited totwo 2 at each vehicle access point and a maximum of 4 internal to the MPUD, and LDC Section 5.06.04 G.2.e "Off -Premise Directional Signs" which reguires that directional signs be limited to within 1,000 feet from the building, structure, or use for which the sign is displayed: to instead allow combined off -premises and on -premises directional signs, for the MPUD and the public or private right-of-VAy, or abutting thereto (but more than 200 feet from Collier Boulevard) as follows, a) sin b) directional signs shall not exceed -feet _i�hei lh�t c) separated by a minimum distance of 250 - feet; and d) directional signs may be more than 1,000 feet from . LAbuilding structure,or useiincludin g HHOWMEffm INUMNEW i limits on -premise directional signs internal to a subdivision or deve o ment to maintain minimum setback of 10 -feet from propertv lines, to instead allow a minimum setbac--Ll feet. This deviation shall apply to on -premise directional signs along public or private right of-wav, throughout the City Gate Commerce Park MPUD. This deviation does not. -apply directional signage on thit—SRO—r-t—s —Conpk�-Pr2i City Gate Commerce Park MPUD PUDA-PL20170002330 March 27, 2018 16 Underlined text is added; &4+*" ^ �" text is deleted 8. Deviation #8 seeks relief from LDC Section 5.06.04 G.1 "Off -Premises Directional Signs," which permits off-site clirectional_,���� ential zoning districts, agricultural districts and designated nonresidential components of PUDs to instead per _mit onej1j off- site identification, promotional a9ldspoonsorshipo !;iggn for tht_���Iex Project, within the Collier Boulevard (C.R. 951) right-of-way with further Board qLCounly Commissioners approval by simple maioritv vote of the location. Please refer to the Master Devtlopment Plan 9. Deviation #9 seeks re I ief from LDC Section 5.06.04G.2 "Off -Premises Direct iona I Signs," which allows no more than 2 one-sided or 1 double -sided off -premise directional signs be permitted for a building, structure, or use which is not visible from the roadway serving such building, structure, or use, provided that each sign shall not be more than 12 Lquare feetjn_area,_the sign shall not be more than 8 feet in height above the lowest center grade of the roadway �jcliacent to the sign location, the sign shall not be located closer than 10 feet to aDy_prope ty line the a ricant shall submit with the permit application and the sign shall be located no more than 1L.,000000 feet from the building, structure , or use for which the sign is displayed, a) shall not exceed 350 -square feet in area (not to exceed 9jeet by 15 -feet in display area for each side of the s�i&L b) shall not exceed 25 -feet in height above the lowest center grade of the roadway adjacent to the sign location; c) shall not be located closer that 0.5 -feet froM_�jn d) shall not be located more than 4,500 feet from 5pp_rts CoMpjex_Proecv and e) shall be abuttiDE to Lhe MP_UD boundary. City Gate Commerce Park MPUD PUDA-PL20170002330 U[d '[k[edt�tisadded;g#**4#o4*�+t�tisde|e�d March 27, 201B ' 17 v��,'` 11. Deviation #11 seeks relief from LDC Section 5.06.04.G "Off -Premises Directional Signs," whic to instead allow fo d a) b) location in th� road right -_of -way, labeled City Gate Boulevard North on ExhibLit A-5, within the traffic separator�andd Owner's Associati ht to remove t ard North. stadiums and the like, not to exceed 32 square feet in size, per side, per sign and that signs also be oriented along1he fence or wall to face the fields(s) or playing area, and away from any adiacent public or orivate roads to instead allow directional, advertisement, promotional, display, and spgp_��orshi ! signage, without limitations for type of, location, size, or number, within the Sports Comolex Proiect. The proiection of light from signs to the North shall be amhbAf�L Lighted signs are allowed facing to the East, West, and South and cannot be animated - Lighted signs facing to the North are allowed, cannot 'be taller than 25 -feet, and wUp to three (3) 15 -feet b 40 -feet (surfgLe ��rek signs may be installed for naming riphts: signs can be lighted, but not animated. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined, text is added; 4*4&4+e�text isdeleted March 27, IO18 ' �' 1.3. Deviation #13 seeks relief from LDC Section 4.05.02 B.1 "Parkiqg_jgjjg���� Standards," which requires that parking lots, driveA,������� instead allow for grassed driveways and access aisles, in Rrassed parking areasfor the Sports Complex Proiect. 14. Deviation #14 seeks relief from LDC Section 4.05.04 G Table 17 "ParkinR Space Requirements," which permit grassed parking,Lor not more than 5Q_atL���� parking for the facilities planned for the 15. Deviation #1S seeks relief from LDC Section 4.06,03 B.1 "Lancl� �a ar Use Areas," which of vehicular use area on-site shall be devoted to interior landscapinR areas, to instead allow no landscaEing reguirements in grassed vehicular use areas within the Snorts Cornt)lex Proiect. This deviation shall o to grassed p� �kinar�eas. 16. Deviation #16 seeks relief from LDC Section 4.06.03 B.3 "LjUd_scaping and Vehicular Use Area�,L_Ahich requires all rows of parkinE_�paces �hall be bordered on each end _by_curbed land�c�e islands, to instead remove the regjLLern�nt fgL landscape 'islands, when located apply to gras�e�darkin �areas. 17, Deviation #17 seeks relief from LDC Section 4.06.03 BA "LlqdscapinE and Vehicular Use Areas," whilch recluires interior landscaping areas shall_j�t �ire �rotection from vehicular encroachment through appropriate w�Lh�eel sto �sor c�LLrbs or other structuCes to 'instead allow for no wheel stops, curbs or other structures deviation shall only ar)r)lv to Rrassed parking areas. City Gate Commerce Park N1PUD PUDA'PL20170002330 Underll�ed|text isadded; &t+xe��text isdeleted March 27, 2018 19 18. Deviation #18 seeks relief from LDC Section 4.06.02 A "Buffer Reauirements," which requires that �LeveloaMgpj�_�����n o _R[pp rt owners from land uses, to instead eliminate the landscape buffer requirement�_2a�loo, the �easte�rn Property bogDclary of the Sports Complex Lot, provided there is unified ownership_gf �Ihe Sport lex �Lot and the abutting property to the east, where the development is iointiv Planned. In coniunction with the off-site native vegetation requirements (See Deviation #21 in this docu shown on the first site development plan (SDP) armlication, but may be relocated with a site deveippmenLplan amepciment (SDPA) application in the future. 19.� " a seograte buffer tract or easement on the final subdiy requirement from public or private rights-of-way, Subdivision Plat (PPIL), within the City Gate Commerce Park MPUD,_e�_st of the F. P. & L. 20. Deviation #20 seeks relief from LDC Section 6.06.010.5 "Landscape Buffe_rs," which requires a ser)arate buffer tract or easement on the final subdivision plat., to ir�stead remove this reauirement from public or Private riRhts-of-wav, within ainv existi,,ng or subseggent Subdivision Plat (PPL), within the City Gate Commerce Park MPUD, east of the F. P. & L. City Gate Commerce Park N1PUD PUDA-PL20170002330 Underlined text isadded; &tpac-� text is deleted March 27, �OlB ' 20 "Off -Site Vegetation Retention," to allow at a minimum 50% of the Re uired Yard Plan to L* # �Sltt �M,*U 1�?Aj ,.w 5�09/* tt��*m *Iet�d Qff -si� cy. rreA le of the MPUD boundary). To accomplish such, a minimurn of 50% of the Re uired Yard Pill (for the Sports Comnlex Proiect), shall be shown or) the first site development plan a on th .f� �butfln�arc�el which shall be under unified control. This shall satisf the Re uir Yard Plan associated with the S shown on the first sitedevelournent ulan (SUE .liCation but mav bV. rVjQCated with a si develoment iolan amendment (SDPA) application in the future. 22. Deviation #22 seeks relief from ILDC Section 5.03.05 A "Caretaker Reside nceLIA,��� that the residence shall be constructed as an ipj�� �ral_p,��f th�erinci �alstru�cture a�ndsha_ll be entered from within the principal structur.,_,. e to_.instead allow for a maximum of five (5) attached or detached caretaker's residence(sL limited to locations East of the F. P. & L. Easement. M1111131511011 11 which reauires a complete storm water manaF-ement s stern_Lhall be_provided for all areas within the subdivision or developme it includi u lots streets and all /s to instead permit water management detention and or retention ��s for �the C�itGate �Comm�erce Pa�rkto be owned property as a future co -permittee in the South Florida Wat�r M Environmental Resource Permitj5EPMD ERPL City Gate Commerce Park [NPUD PUDAPL20170002330 lnderhinedtext isadded; &t*e*�#***��text isdeleted March Z7'2O1O 91 which provide architectural2giderines to 'instead allow for the deviajj���� Except as otherwise agreed between County and owner oras determined by the Board of Supervisors of the Community Development District, all streets within the project shall be common property of the project landowners and shall in all cases be open to travel by the public. The Qtygi*te {]�L{�L�� Commerce Park project shall be subject to all impact fees applicable to it otthe time of project approval. In the event future impact fees are adopted toassistwith various public service facility financing, such fees shall be applicable to the Qtyt4te {Lq2y Gate� Commerce Park project in accord with the terms of the ordinances which impose the fees. City Gate Commerce Park K4PUD PUDA'PL20170002]]0 March 27,2O18 RA Underlined text isadded; &t*+e444-r�text isdeleted Responsibility for compliance with the terms of this PUD document, the DRI Development Order and all other applicable public regulatory requirements shall initially be that of the project developer orhis succeoVr(s)intitle, Prior tothe developer orhis suocessor(s)in title being relieved of this responsibility, a project management entity shall be established and given responsibility for continuing maintenance of the project infrastructure, lake, water management facilities, common open space, streets, etc, close-out of the PUD, and this entity shall also commitments until close-out of the PUD. At the time of LhLis_R!L� Entity is the Citv Gate Commerce Park MasterELgperly Owner's Association,_Inc. Should the Managing Entity desire to transfer the monitoriEg__�nd commitp�ents to a successor entitv, then it must provide a copy of I le al.1y bildin document that needs to be approved for legal sufficiency by the County AttqLq'�y. �After such a �roval �the Ma�nain EflLit y will be released of its obligations upon written Aor�c�val of th�jLg.��� gtygjpp��������-ovide written notice to Counly that includes an ac owner and the new owner's agreementlt2o co �y this Section. When the PUD is closed -out, th City Gate Commerce Park N1PUD PUDA'PLI0170002330 March 27'2OlQ 23 Underlined text isadded; text isdeleted NX1111111111M The purpose of the Section is to set forth the development regulations applicable to the C#ygaleCity Gate Commerce Park project. No building orstructure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. WEST 0FTHE FLORIDA POWER & LIGHT EASEMENT: aL One gasoline service station or fuel dispensing facility tL Hotels ormotels including integral cocktail lounges c. Retail sales and personal e*�esservice businesses. whiela are des;gped end which would generate substa-ri-tial trade fFern-the residentia eighberhoods in the vicinity. 2. EAST OF THE FLORIDA POWER& LIGHT EASEMENT: a. One gasoline service station or fq�jl �isensinfa�Cilit h. Light manufacturing and/or processing d. Service and repair businesses f. Storage and distribution uses g. Publishing, reproduction, communications City Gate Commerce Park K4PUD PUDA-PL2017000I330 U[derliIe|text isadded; text isdeleted March 27, 2018 24 h. Retail sales and personal service businesses wl4iI-I b. Recreational uses desiRned and operated to serve athletes andLor the _pubric. The Saorts Complex Proect shall not lease or sell any property / facility to a professional soudsteam /franchise. �Any uses that are complimentaryAg_.qrLd in support of the Recreational uses. 1. Collier County Government, are subject to the Fric!Aay-�gind Saturclay time schedule 2, Friday and Saturday -- 7AM to 12AM 3. Weather related delays will extend the houL� �fo e�ration a�ccorcfin�l . 4. "A Special Events Permit" to exceed the hours listed abgyf_5hall be approved by City Gate Commerce Park MPUD PUDA-PL20170002330 March 27,2Ol8 go Underlined text isadded; text |sdeleted b. Utilitarian, recreational, educational, and medical uses and services B. Accessory Uses: 1. Accessory uses and structures which are customarily associated with the permitted uses 2. Project sales and administrative offices and facilities 3. Signs as permitted by the Collier County Zoning Ordinance in effect at the time of 4. A� maximum of five (5) C -caretaker's reside nce�,within the PUD subject to Section 9,44 -of 5. A perimeter security fence and/or wall, not to exceed 8 feet in height. Development Plari. Such temporary facilities Friay serve the project until pubk--�� OUHty approved off site sewerage service is available. The teffl, , p -- F a F y ', - -,- , a 5--e t f e a +' 'm , -- R + plarit and all associated facilities shall be set back a rAiRimum of 50 feet from the b061RdaFies of the tract AI ;+ 6. Boat docks within the Recreational and Lake Tract ,-79RiRg Director. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text isadded�4t*eek-t+44ug4text |sdeleted March 27, ZO18 ' zs '^ _' VVesLofF.P.&L.easement: 1acre East ofF. P. & L easement: Z acres B. Minimum Parcel Width: West ofF. P. 8 L easement: front, side and /ear yards: 25 feet unless adjoining parcels are jointly planned, in which case the adjoining side yard requirements may bewaived ormodified during the SDP approval process. Front yard —5Ofeet Rearyand—SOfeet Side yard — 25 feet, unless adjoining parcels are jointly planned, in which case the adjoining side yard requirements may be waived or modified during the SDP approval process. Rear yard — 50 f�et — 50 feet 5LideAard Lall other required —_25 feet, unless abLLttjE����� which case the abutting side vard requirements ma be waived or modified during the SDP a[)i)roval process. In those instances where multiple buildings are to occur on a single site, yard requirements shall pertain only to the site boundaries, not to separation between buildings. On site multiple building separation adequacy shall bedetermined during the SDP approval process. No more than 20% of required yards may be devoted to vehicular drives and parking spaces within the City Gate Commerce Park KXPUD. City Gate Commerce Park K4PUD PUDA-PL20170002330 Un�e���text isadded; �***�4�pe+�htext isdeleted [Narch27'2O18 27 ~— /` � D. Minimum DnSite Natural and/or installed Landscape Area: West ofF.P.&L.easement: ZO%ofgross site area East ofF.P. &L.easement: 30%mfgross site area water features, walks, terraces, courtyards and other pedestrian spaces when such non -botanical features do not exceed 15% of the required area. Zoned Height: Platted Lots AbuttinR the Golden Gate Ca.nal: 36-feet� All Other Platted Lots: 60 -feet ALtq�� Platted Lots Abutting the Golden Gate Canal: 43 -feet All Other Platted Lots: 67 -feet City Gate Commerce Park MPUD PUDA-PL20170002330 March 27.ZO1D 28 Un-derli[edtext isadded; St**e444*e+g­4text isdeleted Zoned Height: Platted 36 -feet All Other Platted Lots: 60 -feet Platted Lots Abutting the Golden Gate Canal: 43 -feet All Other Platted Lots: 67 -feet Zoned f��V. 75 -feet Actual HtIght. 85 -feet; except flagpoles may be extended 40 -feet above the Actual Height per Deviation #4 within this document. Taller buildings may be authorized upon application, following advertised public bearings with due public notice by the Collier County Planning Commission and the Board of County Commissioners, a recommendation by the Collier County Planning Commission, and approval by the Board of County Commissioners. Prior to authorizing a taller building, determination shall be made by the County that the nature of the use to which the building is to be devoted warrants the additional height, that the taller building will not depreciate the intended character and quality of the overall Qtygate{]�LG��� project, and that it will not have negative impacts upon surrounding properties nrbedetrimental tmthe public welfare. G. Merchandise Storage and Display: lk-a444;rse Outdoor storage and cl�is �Iaof_rnerchanclise is allowable east of the F. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text isadded; St*eeIk.�� text isdeleted March 27'2O18 29 H. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systems which are normally located above ground shall be placed and i Parking/Loading: Off-street parking and loading spaces shall be provided in accord with the standards of the Collier County Zoning Ordinance in effect at the time of building permit application. Parking and loading facilities shall be so arranged that J. Performance Standards: Noise, odor, vibration, glare (as differentiated from general illumination), smoke and dust readily detectable by human senses at property boundary lines shall not exceed the background levels characteristic of retail commercial areas. In the event some or all of the theses performance characteristics are regulated by applicable federal, state, and/or local law, such regulations shall Uses which generate special or hazardous waste shall not be established or permitted to operate unless definitive plans for dealing with the waste product have been approved byall agencies with jurisdiction over the matter. Further, said uses shall be governed by all applicable federal, state, and/or local laws as may be adopted or amended from time totime. The future performance characteristics of a give land use are often not predictable standards not only apply at the time land uses are initiated, but are continuing performance obligations, unless overridden by applicable federal, state, and/or local <. Golden Gate Canal Buffer requirements: Development of sites which abut the which insure that residentially zoned properties on the north side of the canal are not subjected toinappropriate views, Buffers shall beshown onsite development plans City Gate Commerce Park [WPUD PUDA-PLI0I70002330 Underlined text isadded; -Stp4+4f4p4�text isdeleted March 27, 2D1D ' 30 , �� as requiFed by Section 2.5-0. |nevaluating the buffer component ofsite development plans, the Planning/Zoning Director shall determine adequacy of the planned buffer, taking into account the nature of the planned site utilization, the character of the p|annedstru/tures(s), and the presence mfnatural vegetation which will be left in place and which will contribute tothe buffering function. At a minimum, the buffer adjacent the Golden Gate Canal shall comply Exhibit AA attached hereto standards of Sec4ioR 9.3� of the4ening The tree and shrub species, sizes, and spacing shall be approved during the Site Development Plan approval process a+4 if deemed City Gate Commerce Park N1PUD PUDA-PO0170002330 Underlined text iyadded; text isdeleted March 27, 2018 31 The purpose of the Section is to set forth the stipulations by the Environmental Advisory Council. The development ofthe project shall besubject tothese stipulations: The provision for native vegetation retentiol_Ltguirements for this_pLqi���� jalhe Re_quired Yard Plan., Exhibit 12 to the Determination of VesItd Rights for City Gate as Exhibit Ac6 4.23 DEVELOPER REQUIREMENTS A. The developer shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence atthe time of permitting), requiring the acquisition ufatree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and approval prior to any work oothe site. This plan may besubmitted inphases tocoincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have oriented to accommodate this goal. B, Native species shall be utilized, where available, tothe maximum extent possible in the she landscaping design. A landscaping plan will besubmitted tothe Natural Resources Management Department and the Community Development Division fortheir review and approval. This plan will depict the incorporation of native species and their mix with other species, if any, The goal of site landscaping shall be the reestablishment of native vegetation and habitat characteristics lost onthe site during construction ordue to past activities. City Gate Commerce Park NlPUD PUDAfL20170002330 Un �er1inedtext is added; StR+e444*)-w�text isdeleted March l7,2O18 32 C All exotic plants, as defined inthe County Code, shall be removed from development areas, open space areas, and preserve areas during each phase of construction. Following site development, aconUnuing maintenance program shall beimplemented 1oprevent reinvasion of the she by such exotic species. The maintenance plan, which describes control techniques and inspection intervals shall be submitted to and approved by the Natural Resources Management Department and the Community Development Division. Q. If, during the course of site clearing, excavation, or other constructional activities, an archaeological orhistorical site, artifact, mrother indicator isdiscovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or designated consultant to assess the find and determine the proper course of action in regard to its sa|vageabi|ity. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption toconstruction activities. �E. To increase lake productivity and habitat values, lake side slope will be 4:1 out to a depth of 3' from mean low water levels. Petitioner shall investigate vegetating littoral shelf areas with various native plant species (upon request, NRK8D can provide pertinent information concerning plant species) &F.PetitionershaU design and implement a program to prevent and/or reduce populations ofnoxious/exotic plant populations within the lake(s), specifically, but riot limited to, preventing growth of hydrilla (Hydrilla verticillate), water hyacinth (Elchhornia crassipes), and to a (lesser degree) cattails (Typha latifolis); this program will be subject to the review and approval ofNRK4D. City Gate Commerce Park MPUD PUDA-PL20170002330 Un1erliIedtext is added; text isdeleted March 27, Z0l8 ' 33 transplanted within preserve areas end/or as landscape elements within the project. J -.H. Due to the concern of the use/generation of hazardous substances, all businesses proposed for the parcel must be subject to the review and approval of NRMD. application issuance within Phase One SFWMD Big Cvpress Field Station or formerly known as Lots 5 and 6 — PhaseTwo, includes 0.42 -acres of retained vegetation. This is included in the overall reta���� calculations shown within this document in Exhibit A-6 Pa es �25-28. �The P�hase Tw�o requirement eauals 5.15 -acres minus 0.42 -acres, which equals 4.73-acres_Lremaining Phase Two required retained vegetation). City Gate Commerce Park MPUD PUDA-PL20170002330 March 27,2O18 34 Underlined text isadded; &*4e4-t+*�text isdeleted The purpose of the Section is to set forth the traffic improvements requirements which the project developer must undertake as an integral part of the project development. Specific transp.�rtation conditions are found in tlje De�lo City Gate Successor and Collier County (Decembgr 11 2200009 recorded in OR Book 4517 Page 640 et seg.) and the Amendment to_Lhe Peve o er A reement June 23, 2015 recorded in OR Book 5198 Page 3989 et seg.) between Golden Gate Canal and the limited access right-of-way for 1-75. Access drives onto CRSSl shall be limited to the existing one which aligns with the water treatment plant access drive and one additional which may be located north of the existing access City Gate Commerce Park N1PUD PUDA'PL20170002330 March 27'2O18 IN Underlined text isadded; text isdeleted C—B. The driveway to the water treatment plant shall be widened to a minimum of 24 feet if it is utilized as an access to the adjacent tracts. road/water plant entry drive intersection will cause traffic control problems as traffic volumes through the two intersections increase, In order to avoid unnecessary aggravation of those problems by traffic movements into and out of the commercial sites which are closest tVthe intersection s, special attention shall begiven tothe location of the entry/exist drives when site development plan applications for sites abutting the water plant access drive and the landfill access road are being reviewed. U shall be understood that the number of access points will be limited in number, County requirements. -I Traffic signals shall be installed at CR951 access points when deemed warranted by the 447G,Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed 4-.H.An excavation Permit will be required for the proposed lake in accordance with Collier City Gate Commerce Park W1PUD PUDA'PO0170002330 March 27,2O1& KW UIderli-Dettext isadded; &t***c4��text isdeleted mmommilimrom throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be the Developer, the assigns orsuccessors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's utility construction requirements |neffect atthe time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, county owned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect atthe time conveyance iorequested. City Gate Commerce Park K8PUD PUDA-PL20170003330 March Z7,JO18 37 Underlined. text isadded; 4*�� text is deleted be reviewed and approved by the Utilities Division prior to commencement of construction. proposed proJeet and must be regarded a-s�-e4rn; they shall be constructed tG-State, to be owned, operated and maintained by the off S4 -e -- -F far=:I;t;es are liable to service the preJect. The interim treatment facilities shall supply-&e-rvk-es City Gate Commerce Park KAPUD PUDA-PL20170002338 Underlined text isadded; -St��text isdeleted March 27, 2018 38 ' I successors site the interim water and/er sewage water supply sawFee, if appheable, D shall dismantle and remove treat44e44 facility and diseentinue ;R a rAaRReF cerisisterit with State / fF Fn the use -444-e of pl-';A, standards. All work related with -3—. GeRrieet;en to the County's eff their assigns or sueeessers the aetiv#-y shall be performed at He s4e water and/ein sewer fa6lities will be at He est to cast to the made by the fae;!;t;es become avadabi . The to, all engineering design and of e)(;st;Rg County facilities, 9 ' . }}J9 . east of eoiiReetien shall include, but He+ preparation sewage purnping y Y�neep Ss -a to k- 1;—;+-,4 the City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; t++g text is deleted March 27, 2018 39 upon comple4en of the proposed utOity City Gate Commerce Park K8PUD PUDA-PL20170002330 Underlined text isadded; text isdeleted March Z7,2O18 40 �—.C. Data required under County Ordinance No. 80-112 showing the availability of sewage service, must be submitted and approved by the Utilities Division priorto approval of the construction documents for the project. Submit acopy ofthe approved D-E-4DEP �permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. G. if an interim en site water supply, tFeatment aR( transmiss;GR facility is �.-D. Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction and other factors pertinent tothe system under the consideration. City Gate Commerce Park NYPUD PUUA-PL20170002330 UIderline�text isadded; text isdeleted March 27, 2018 41 treated sewage effluent Feceiving area. plans for he th-e Citygate project, appropriate4q)4A shall be obtained from lh-e�� iRsuFe that applicable county effluent use plans are complied with. if and whep_t4e county designates the (--+,Y,b-,+,- project as a treated sewage effluent receiving +k- Qtygate Pevek)f�, his -1 1. " --b- ­ successors, shall construct the necessary faPilities-for use of the tFeart-ed sewage effluent fort ;Fr;ga+;__ purposes. The Citygate developer may be assigned 4esponsibilky for-�� and maybe required to provide wet weather 4aeilities�� by PER, consistent with the volume of treated effluent to be utilized. county appreIve4-4yelFaulic desigp report. The report shall derriand Fates, and other factors pertinent to the distFibut;FIR system. Treated effluent supplied to the project will be subject to the county's established rate sc4e4u4e-. City Gate Commerce Park MPUD PUDA-PL20170002330 March 27'2Ol8 42 U[-derlin-edtext isadded; text isdeleted MO City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; 4tp4GIk44F9-u84 text is deleted March 27, 2018 43 City Gate Commerce Park yWPUD PUDA-PL20170002330 U[dertin�dtext isadded; &t*aek-��text isdeleted March 27, 2018 44 Pa,3VVdn'l:df\-]Clr2CjJ..SVW'- a 311 NMN rcasn -- - N0SQ1/r,.VG Q! 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I R. .:2j VA ER I tiy Jai A .0 4 rte nvr3vJv W" Ow 0;-- — M12 OEM 0 O&W, UUP 5i LS NW Id iN3AdO LSVA U 6 1 J" Me" rotpf"IIINI On"I u )IVD AID , Ip an,m >,ava Div�) AiKI) Op I tiy Jai A .0 4 rte nvr3vJv W" Ow 0;-- — M12 OEM 0 O&W, UUP 5i By U 6 1 J" Ill 1 or —W praa 4, qr 46 47 NVad a17'NMN 098 T � I 1 11 ��O 'I'IN3NdO13A30 qivD 4ii'll cindn >idva 33WAAOD 309 AAA on "Op "0 � i—Ji n At 0 1 0 Y OI SR 0 all V C C) U 0 0 0 -0 47 48 NV-1d LN:MdO 1,3A30 Ni3 LSIVA 0-11 NMN 092 11�11) MORE%Toil D IiIN3NdOIRA30 �ivollm ondA �i�jVd LLJ ;f,, gell 11. 9: i-f < z o 2) I zj 22 Ol < C5 < t cl z z rI I,z < ol u7 z z < 2 57 SR, a 4 z z z! U di < o 01 E� < 0 IS < > o < w4 < x < c, F 5L > < ✓ z < 73 < 0 < z "2 48 5ucic an.+, n a I. r� ,.... NMN 01955: NOSCIAVO -DI-I .LNWWOIxn.ul C(1dA 7i2JVd 30b_'jnA07 DJ.,VP) Alk`? 3Ivo ki ;7 ori r� q CJ U r W O tl c y, V - ( O zt <ol n, - o b c) O O s S C J Lj T ff J. r O ,n C1 ! w d I G J a1 LL 'CJI t� _ - c7� IJ. of ' u — Z r. OI f x CJ z f Jri o z -' q z F• Q L� a i -- - i I) z. LL C) _ CY I � o U < � " s �2 z C) w w ? z r LU 2 cc wl z cy r, w 49 _ rH Q0 V) E av7 4--; 0 0 E 0- Qj 0 0 LY' > 0 CD M 0 0 0 0 0 0 M N 0 0 0 C5 M in 00 m Ln �D 00 (1) >1 co , 10, J) N N rq rq E CL Ql 0 Ln 00 m 0 rn N .2 w N C7 L MLr) N .2 Ln rlj E uj 1-1 Ql 1-4 Ln li vs vi m 0 oq u -I Ln Ln MLn 0 0 m Ln u) rC 0. rn C) O Ln un Q0 Lr, Ln N m NE C5 . I'D co 0 00 {`y 0 "R rH Q0 V) (1) >1 rlj k.0 J) N N rq rq E CL .2 w 1-1 IH 1-4 Ln vs oq rn C) O 0 "R 0 tw ro (y) b m LI) 0 U') 0 Lr) Lr) 0 rq ro c _0 S 0 ro 0 u on to txo ru o 0 c 0 o (3)V� 0 -0 —0 C: C aj E V) m u CL Co 0 C LE C a)cu UE W') 2 E u m > > 0 E Ln -0 V) Ln u Q ri u u H �l m I -0 ■ MUM u t fL I 1, r Z Eo zz� U-) 0 r14 r1i 00 LL vii o u co a) > M w 0 a) cu m CG CC E o 0 -a 00 0 Ln IN m E LU PO V) M Ln 0m r- lD 0 Ln m ro --I Ln m CL fC QJ r, N kD M 00 -1 00 1--1 Ln �D 00 w tA > 1 0 CL C6 . E >1 f-4 O > tw co 'A Ln 0 ca 0 C 'A 'A 0 0 u H �l m I -0 ■ MUM u fL D 0 zz� 0 LL vii o u u a) > M 0 a) m CG CC E o u H �l m I -0 ■ MUM u EXHIBIT A-2 (PAGE 3 OF 3) NOTES: (1) The hotel/motel designation contemplates full service facilities which incorporate overnight accommodations, restaurant and lounges, conference and business meeting facilities, recreation and other ancillary uses which are characteristic oflarge hotel/motel complexes. It is anticipated that initially developed motel facilities will be much more abbreviated than the full service facilities which will emerge during project buildout. incorporated in the hotel/motel complexes. It is estimated that this category will consist of two quality restaurants (order at table from menu), aggregating 16,000 square feet of floor area; and two fast turnover restaurant (cafeterias or food service at counter) aggregating 17,200 square feet of floor area. Three of the restaurants will be located on the western portion of the site where they will be accessible to both highway travelers an the large number of employees within the project. *,ne 4�e�nt will be located within the maiR body of the commerce park, and will exclusively �erve pFoject erAployE4-�. k -54/L Parking space and employment estimates were largely based on RE standards and averages cited by Urban Land institute publications, When definitive published parking and/or employee standards for a specific land use were not available, the estimates were based on published standards for the most similar uses. The estimated employees include those who normally spend all or most of the work day within the project, ie. office workers, sales personnel industrial workers; employees who shuttle to and from their place of employment during the work day, ie. delivery truck crews; and employees who seldom visit the project' ie. manufacturer's field representatives. It is anticipated that many of the uses within the project will be served by common parking pools which increase the efficiency of the parking space utilization. The employees estimated for service station, hotel/motel, restaurant/lounge, and perhaps other uses will be spread over two and, insome cases, three shifts within a24-hourperiod. manufacturing; pL2Ltssin - ��a e �ncl distribution 1,520,000 Lq. ft., 2.1 Research esl!M develo ment 100 000 . 3 Service and r�g�air businesses 160,000 sq. fL 4.1 Showrooms and sale centers 60 QQ Lq. Lt. �J Lylalishing, EtpEgduction, cpmmunications 80,000 s re feet of indu.��� City Gate Commerce park Mruo puDxpL20170002330 oo March 27, 2018 -Underlined. text is added, 4#*mk4+e*u00axt is deleted EXHIBITA-3 PERMITTED ILISES- SIC CODJ A. Principal Uses: 1. A ricultural Services SIC 0741 0742 and 0752 exre 'C outside kenneling, and 0781 2. Amusement and Recreation 7997 and 79991 1 Apparel and Accessory Stores (SIC 5611-5699) 4. Automotive Dealers (SIC 5511-_5531 5551-5599 5. Automotive Repair Services, and Parking SIC 7511-_7515, 7532-75�49 6. Building np General Contractors and g — — Construction 7. B Dealers SIC 5211-5251 Building Mobile Home 8. Business Services (SIC 7311-271381 except armored _car and dog rental and 7389 -contractors' disbursement, directories -tele d textile designers only, subject to _p_arking and landscaping _for _retail use) 9. Communications s. �bect to �LDC Section 5.05.091 10. Depository Institutions (SIC 6011-6099) 11, Eating and Drinking Places �SIC 5812 _and58�13ex(-�Iuc excludingbottlecLlubs 12. Education Plants and public schools, with an agreement with Collier County as described in 13, Educational Services (SIC 822L-_8299 14. EnRineerin —Accounting, Research,.MziLj�ment, and Related Services SIC 8711-_87481 15, Essential Services, subiect to LDC Section 2.01.03. 16. General Merchandise Stores (SIC 5331 and 5399) 17. Facilities with Fuel Pumps(5541) 18. Health Services (SIC 8011-80991 19, Home Furniture 20. Hotels, Rooming Houses Camps, and Other Lodgingllfaces SIC 7011.7021 and 7041 21. Insurance Agents, Brokers And Service (SIC 6311-6399 6411) 22, Justice, Public Order And Safety �9222 �9224 and 32291 23. Legal Services (%��11 24, MembershilqO_ _QrVanizations (51111C11118611 8621 8641 8j661 and 8699 - r MNj 26. Miscellaneous Retail SIC 5912-5963,5992-59991 27. motion Picture Theaters (SIC 78321 City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added, -Strom text is deleted March 27, 2018 53 EXHIBITA-3 (PAGE 2 OF 6) 28. Motor Freight Transportation and Warehousing ASIC 4225 mini- and self-sj�arage warehousing pn jyj 29. Museums and Art Galleries 412� 30. Non -depositary Credit Institutions (SIC 61631. 31. Personal Services (SIC 7211 7212 7215-7217 '7219-7299 exce t barber and beaus schools 32. Public Administration NC 9111-9199 9311 _j����9�411-94�519511-9532 9611-9661) 33. Real Estate 6512,6531-6552 34, Security and Commodity Brokers, Dealers, Exchaaggs and Services lSIC 6211-6289 35. Social 36. Taxicabs (SIC 4121) _ 37. Transportation �ns ortation Services (SIC 4724, 4725 and 4729) 38.United States Postal Service (SIC 431�L_�� �gs et rngLr distribution center — — - 1 39. Any other use which is comparableof permitted principal and accessory uses, and Section 3.2.A.1 of the PUD Document shall be heard =019im• MEEMMM, L tA�wricultu�ralService� 'SIC 0742 and 2. Amusement and Recreation S 7 1 Apparel and Accessory Stores �SIC 56�11— 56�99 in the principal structure). 4. Apparel and other finished products (SIC 2311 - 239 5. Automotive Repair, Services, and Parking (SIC 7511.:- �7549 6. Building Construction - General Contractors.�t �dQ e�rative BLflldersjSIC 1521 -_1542L 7Building Materials, Hardware (SIC 5211-5251) These uses shall be associated with Wholesale Trade and retail shall not exc 8. Business Services (SIC 7311 — 7389L 9. Chemicals and Allied Products (SIC 2841 and 2844). 10. Communications SIC 4813 — 4841 including cQrnhnunication towers up to; specified heights, 11. Construction Special Trade Contractors (SIC 1711 - 1799L 12, Depository Institutions 'SIC 6011-- 6099 13, Eating Places (SIC 5812) and Drinking Places ISIC 5813 establishment shall meet licensing reauirementLfor lliguor and shall only beJince Eral to_hotels -or mote -1 -SL 14. Education Plaqls,and public schools, with an agreement with Collier County, as described in LDC section 5.05.14. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added-, S#jjk tbr�ai+ text is deleted March 27, 2018 54 EXHIBIT A-3 (PAGE 3 OF 6) 15, Educational Services (SIC 8211 - 8299). 16. Engineering, Accounting, Research, _Man ement,_ancl Related Services (SIC 8711 - _8748L 17. Essential Services, subject to LDC Section 2.01.03. 18, Fabricated Metal EL2ducts Except Machinery anc� Transportation Equipment (SIC 3411-3479, 3491-3499 19, Facilities with Fuel Pumps (SIC 5541 limited to one). 20. Food and Kindred Products (SIC 2022 - 2099). 21. Food Stores (SIC 5411-5499 with 12,500 square feet or less afros floor area in the principal structure) - 22. Fuel Oil Dealers (5983). 23, Furniture and Fixtures (SIC 2511-2599)• 24. General Merchandise Stores (SIC 5331 and 5399 all with 15,000 square feet or less of grass floor area in the principal structure). 25. Group care facilities cafe or I and II exce t for homeless shelters °care units exce t far homeless shelter Ln�jfacilities c iit-i-e_s ursuantto F.S. � 400.402. and h. 58A- 5 F.A.C. 26. Health Services (SIC 8011-80991 except druE addiction and alcoholism services j±os 27. Heavy Construction (SIC 1611-1629). 28. Home Furniture, Furnishings, and Equipment Stores (SIC 5712-5736). These uses shall be associated with Wholesale Trade and retail shall not exceed an ajrtereater than 33% of the gross floor area of the principal 29. Hotels Motels and Other Lodging Places (SIC 7011.:70 30, Industrial and Commercial Machinery and C=uter Equipment SIC 35I1--35-9-91- 31. Insurance Agents Brokers and Service (SIC 6411). 32. Insurance Carriers (SIC 6311-6399). 33. Leather and Leather Products (SIC 3131-3199). 34. Legal Services 35, Local and Suburban Transit and Interurban Highway Passen�erTra�nsorta�tion SIC �4111�-4173 36. Lumber and Woad _Products _(SIC 2426 2431-2492L 37, LMV�easurin Analvzing, and Controlling Instruments- Photo argohic Medical and Optical Goods: Watches and Clocks (SIC 3812-3873). 38. Membership Organizations (SIC 8611-86318641x86.51, 8699). 39. Miscellaneous Manufacturing Industries SIC 3911-3999)• 40. Miscellaneouscomponent shall not exceed an area f the principal repair seryiceLuSe 41. Miscellaneous Retail L51C 5912, 5941, 5945-59475995 all with 25,000 square feet or less of gross floor area in the principal 42. Motion Picture Production (SIC 7812 7819). 43. Motor Freight Transportation and Warehousing (4212-4226 except 44. Museums (SIC 8412. limited to not for _I2�rofit or �anizations . City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added, S#uGlk-th-roug4 text is deleted March 27, 2018 55 EXHIBIT A-3 (PAGE 4 OF 6) 45. NN2oDn-d Dos .: qejtory Credit Institutions (SIC 61LI-6_163L 46. Outdoor s�torcye yards, provided that the outdooo cLoser than L50 fift fe�t to a 4.02.12. Outdoor storage vard(s) shall be compoLletely enclosed. This provision shall not be construed to allow, as permitted #usewLtg������� Ahole or part for scrap or salvage operations or for scrar), salvage, or secondhand building materials, junk automotive vehicle_s, or secondhand automotive vehicle parts. 47. Personal Services (SIC 7211-_7219,7231 - 7251h 48. Printing, Publishing, and Allied Industries(SIC 2711. z �2_796 except P�a_e_r_M"I1_sL _ 49, Real Estate (SIC 6512,6531- 6�2 . 50, Rubber and Miscellaneous Plastics Products (SIC 3021, 3052, 3053). 51. Security and Commodity Brokers, Dealers, Exchanges, and Services (SIC 6211- 6289 52. Stone, Clay, Glass, and Concrete Products (SIC 32211 3231 3251 - 3273 3275 3281 . Textile Mill Products (SIC 2211 -_2221, 2241-- 2259, 2221 -_2289,_2297,2298L 54. "Transportation Equipment (SIC 37141 3716 3731 3732 3751 3761 3764 3769 3792 37- 55. Transportation Services (SIC 4724:j 4783, 4789 except stockyarcls). 56. United States Postal Service (SIC 4311), 57, Wholesale Trade - Durable Goods (SIC 5012�- S014 5021-5049 5063 - 5092 and 5094 - 5099 5211-5251 and 5712-5736 for all, associated retail shall riot exceed an area the gross floor area of the _permittede _pLi�sj. 58. Wholesale Trade- Non -Durable oods S�IC5111�-_5159 5181,51�2,_����� distribution of a minimum of 500 -feet from a residenLial_zo_ning cristr1ct,5192 - 5199L 59. Anv other use which is comparable and/or gpm_patible in nature with the foregoing list of i)ermitted princioal and accessor uses and with Section 3.2.A.2 of the PUD Document, shall be hgaLd by the Board oLZonin A B �ZA . B. Conditional Uses 1. Wholesale trade -nondurable goods SIC 5171, 5172). City Gate Commerce Park MPUD Underlined text is added-, StpaGk_tk4f4ug4 text is deleted PUDA-PL20170002330 bb March 27, 2018 EXHIBIT A-3 (PAGE 5 OF 6) I"-WT�J-wV4W.T- in 1. Amusement and Recreation Services, Field House Event Center and_Fields SIC 7941 indoor and outdoorL 2. Amusement and Recreation S 792LI29ZJj�Ld�and 7999 indoor and outdoQr,.�x�t sh�o shall� ggsbe indg®ronl B. Accessary Uses a. Amusement concessions b. Animal shows in circuses, fairs, and carnivals L. Archery ranges, operation of d, Baseball instruction schools e. Basketball instruction schools f. Billiard a �rlors g. Bingo parlors h.Boat rental, pleasure. i. Bowling in s t r �uct i o n L Bride clubs, non -membership k,gEL dpe instruction I. Carnival operation �n. 21tcamps n. Exhibition operation 0. Exposition operationFishing piers and lakes, operation of P—. _q. Game parlors, except coin-operated L. Gymnastics instruction L. Handball courts,exceptmembership clubs t.L c �katin skating operation . u. Judo instruction v. Karate instruction w. Lifeguard service x. Racquetball courts, except membership �clubs, _T �b y. Rental of bicycles L. Rental of rowboats and canoes aa. Roller skating rink operation City Gate Commerce Park MPUD PUDA-PL20170002330 March 27, 2018 57 Underlined text is added, text is deleted 9 3. 4. S. 6. 7. 8. 9. bb. Schools andcamps, sports instructional c' Shooting galleries did. Shooting ranges, operation of 2e. Skating instruction ice or roller ff. Sporting goods rental gg. Sports instructors, professional: golLf, skiing,swimming, etc. h h. Swimming instructian ii. Swimming pools, except membership 1. Tennis club_s,_no kk. Tennis courts, outdoor and indoor: operationo f_2L non -membership II. Ticket sales offices for sporting events contract mm. Yoga instruction Bands Orchestras, Actors, and Other Entertainers and Entertainment Groups SIC 7929 • Limited to twenty (2d) events, one 111per weekend. Above twenty jZgjrequires a Temporary Use Permit. Bowling SIC Centers 3ZL3L _Qe� Coin -Operated Amusement Devices (SIC 7993 indoor and outdoor Dance Studios Schools, and Halls (SIC 7911), Membership Sports and Recreation Clubs (SIC 7997 indoor and outdoor). Physical Fitness Facilities SIC 7991 indoor and outdoor Public Golf Courses (SIC 7992 indoor and outdoor). Theatrical Producers (Except Motion Picture) and Miscellaneous Theatrical Services SIC 7922h City Gate Commerce Park MPUD PUDA-PL20170002330 March 27, 2018 58 Underlined text is added, -Sotext is deleted tr b < Q� �D LLJ �� I: U LL LLJ D U- w 0 C) LL to LL 0 -- w -i W (.) W W 1-- ai Z w UJ tz > < LLJ Z 0 CL > < T F- < w < 0- < C) - co p < < 0' d.< w (-) CO C) m b - - < X (0 co 0- -- co W C I. - <Cn M Z LL m cj oz < z 0 WOUJ o ozz m < 0 M 0 l- 0 w 0 -Z IL - - - - - - - - a- -j -j 0 0 ::) ::) IL Z :E w D LIJ D :z z T UJ 02 �- i-- D 0 a < 0 z Z� < < z 0 < < x 0 C/) z CL X z U) 0 LJ U) a- X z- P 2 0 Z -j <a" V) p F-- LLJ LIJ LLJ 0 W w (D 0 V) z -j 0 T C/) <awowwz< j (/D W (n W 0 (J) LLJ X Lu in z < x w < ci� 2� D �� 0 b 1-- 7 EL x < x I-- ci� (D 01 w T CL T (D LIJ - cl� z z D D 0 Cy UJ LIJ X Li < (D -j Z < LIJ CL uj z 0 Lili < cr C) a- -j 0 u, x 59 z 0 LIJ C.) w LIJ U) U) U) 0 0 C) cr- uj C) (D !,iTi: 1111 o 1p E u, x Li bod oa ................ - - - - - - - - - — - - �11 --- --------- - - - - - - - - o z 0 o - - -------- z 0 LIJ C.) w LIJ U) U) U) 0 0 C) cr- uj C) (D !,iTi: 1111 m ,Llq]HX=7 SNOIlVIA30 NSIs _ 1�1df1�NIVW HI f1 f'l .._ - ��Y�l"G✓d w - - 777 NMN 012 00 ....___ w - — OVI IN3WdMIA341 3iv:7 eii^r - UfYcdW >iHV. 3CR9:I VNWOJ 11VS All) m 6 NEEM OBJECTIVE, PURPOSE, LOCATION AND AMOUNT OF NATIVE VEGETATION RETENTION: OBJECTIVE: To provide a procedure by which the vested rights determination for the C714LV-G� CITY GATE DRI may be implemented with respect to the location and amount of native vegetation preservation / retention, applicable setbacks and buffers thereto, and all other regulations relating to native vegetation to be preserved on the DRI Property. 1 PURPOSE: The purpose of this Plan is to accomplish the retention of Native Vegetation within the Required Yards in a manner consistent with the G44ALGA44.- CITY GATE Development Orders; to maintain property and aesthetic values within the CITY GATE project; to promote the survival of Native Vegetation in Required Yards and to promote supplemental planting of Native Vegetation within the Required Yards. This document is intended to be the sole source of the standards and procedures by which development permit submittals will be processed and approved by Collier County. LOCATION OF NATIVE VEGETATION PRESERVATION / RETENTION: The preservation and retention of Native Vegetation shall be in Required Yards or Open _SDaces as defined below. Such preservation and retention shall be on lots and in a manner consistent with the C­141V-G�=- i CITY GATE Development Orders. GOAL AMOUNT OF NATIVE VEGETATION PRESERVED OR RETAINED IN REQUIRED YARDS: The goal amount of Native Vegetation to be preserved in Required Yards in Phase Two is 5.15 acres (6.84 acres, the agreed amount of 15% of the existing Native Vegetation in Phase Two, less a credit of 1.69 acres as provided VII (A)(2) below). The Baal amount ofNative Vicetation to be preserved in Required Yards in Phase Three is 24.59 acres (26.02 acres,the agreed amount of 15% of the existing Native Vegetation in Phase "fhree,jess a credit of 1.43 acres as provided VI1 (A)(2) below). H. DEFINITIONS: CITYGATE CITY GATE DEVELOPMENT ORDERS shall mean the development orders approved by the Collier County for CITY GATE as follows: On December 13, 1988 the Board of County Commissioners of Collier County adopted Development of Regional Impact Development Order 88-2 authorizing the development of the property subject to the terms and conditions of that Development Order. At the same time as the adoption of Development Order 88-2, the Board of County Commissioners adopted Ordinance 88-93, which rezoned the DRI Property from "A" -Agriculture to -PUD- -Planned Unit Development known as C444 -GATE CITY GATE COMMERCE PARK (the "PUD"). The PUD was amended b Ordinance 42010-42. adoDted on November 9, 2010. The PUD was again amended by Ordinance#201�84,'� �idoted�on� �.,'�20M. The Development Order has been amended City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; S4+w444fe4g4-text is deleted March 27, 2018 a IMEM by Development Order Amendment 90-4 (adopted August 28, 1990), Development Order Amendment 95-2 (adopted February 21, 1995), Development Order Amendment 2000-02 (adopted May 23, 2000) and Development Order Amendment 20)10-_0 j--Lado2 ted November 9., ---------- 220101. The Development Order has been again amended by Devel nt Order Amendment 18- ULadokted 2018 . EXOTIC & NUISANCE VEGETATION shall mean all Category I Invasive exotics, as listed by the Florida Exotic Plant Pest Council that are altering native plant communities by displacing native species, changing community structures or ecological fa nctions, or hybridizing with natives. Exotics shall include, but are not limited to, all specifically listed exotics in Collier County LDC, Section 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation. Nuisance vegetation shall include, but is not limited to, native vegetation that is locally invasive and which a qualified biologist deems inconsistent with the management objectives of the Required Yards, I -or example, Caesar's Weed (Urena lobala) and Grapevine (Muscadine rotundifblio). LAKE/RECREATIONAL AREA does not have a and re uirerncnt. Within the Lake Recreational Area, at least one (I ) acre will be replanted or retained native vegetation, wljiich shall be credited toward this R�euiredYar�d's--jnative ve goalZ LOT shall mean (i) a single area or parcel of land established by plat or (ii) two or more contiguous areas or parcels of land established by plat owned by the same person or entity that are jointly submitted for an Site Development Plan. NATIVE VEGETATION ffwm+s-�t4hefff4�� �shall alae-ei4ed-11aw 1-1—tie — FeHees 41 G mean native southern Floridian species, as determined by accepted valid scientific references identified in the Collier County Land Development Code. YARDS shall mean a front yard of 50 feet; a rear yard of'50 feet; and a side yard of 25 feet of a Lot (ORDINANCE 88-93, Section 111, 3.3.C; See also; DO 90-4, Section One, 4, d.5). As it relates 1o_�heS,ys Com lexro e�rtthe Ynrd_Lad jacent to W11i Ite Lake Planned Unit Revelment) shall be (50 fifty -feet C)RDINANCE 2018 i Section 3.3 REQUIRED YARD means the Yards, less 20% for vehicular drives and parking spaces. This (20%) area will be identified in a Site Development Plan submittal, (ORDINANCE 88-93, Section 111, 3,3.C; See also; DO 90-4, Section One, 4, cl.5). City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; Stpaek44fe4g4-text is deleted March 27, 2018 63 MINIMUM ON SITE NATURAL AND /OR INSTALLED LANDSCAPE AREAS: I`or lots east of F.P. & L. easement the minirnum of on site natural and/or installed Landscaped Areas will be 30% of gross site area The term "Landscape Area" is construed to include fountains, pools, ponds, and other water features, walks, terraces, courtyards and other pedestrian spaces when such non. -botanical features, do not exceed 15% of the total required minimum on site natural and/or installed Landscaped Area. (ORDINANCE 88-93, Section III, 3.3.C) "here is no required mimmurn of on site natural and/or installed Landscaped Afes, Area for the h PL easement. When a Lot includes the FPI.., easement, that portion encumbered by the FPL easement is not included in the calculation of the gross site area used to determine the minimum of on site natural and/or installed Landscaped Areas for that Lot. PLAT SUBDIVISION IMPROVEMENTS: Improvements (e.g. water and sewer facilities, storm drainage, street lighting, perimeter berm, etc.) associated with a plat and required by Collier County Ordinances and Resolutions ("Land Development Regulations"). PHASE TWO: means the 72-4--� phase of G­14ALGA41E CI..TY GATE DRI for which construction plans and a plat submittal has been--,oN:i+4+e44o—C-�—C,+AH+€y ARRE9vLed and recorded in Book 49 s�97-1 00 inclusive of the Public Records of Collier Con �L ._�Flo�rida As used in this Plan, Phase Two does not and is not intended to mean or include the remaining 4-T9 acres of the C44--Y4jA4—E CITY GATE DRI, PHASE THREE: rn"Three on Exhibit A-_6 Pales 25-28 of 28 of this document and for which construction plans and a plat will be approved and recorded in the Public Records of Collier Qq_q�nt Florida. "SPI IT" PERIMETER LANDSCAPE BUFFER: means the landscape buffer along the north property line east of the FPL easement, as set forth in the Wated diagram attached hereto as Exhibit "A", which is also Exhibit A-4 to the PUD. SPORTS COMPLEX PROJECT: means the area defined in the PI.JD and the Master Development Plan Exhibit A-] as the S op res Com_x lot and any abuttin 1 at within the PUI�, which is owned or leased by Collier County as a unified the Sports Complex Project L p the eastern boundarhe followinlocation oCthe native vegetation alternatives or combinations thereof �shall appy - A. Within the Reouired Yards of the Sports Corn lex Proiect in the PLJD7 B. Within an open space area(s) _gSportsc Complex Pro ject_jn the PUD with 100% DLati on with all three strata- _and C. Within other areas on the Sports C omex Pr2jec parcels in the PUD that are not perimeter yards may be used to meet the native v�etation retention acreage r•e uirement for the PIIL). These areas shall not be occupied � building impervious areas, streets., or driveways and will consist of 100% retained and/or replanted native Yegetation. "T'l�ese areas shall meet the minimum widLh�s2.5-feet of �Yards Yards a minimum Conti Yuous area of 1250 square feet. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text es added; Stf4ek44fei4gh-text is deleted March 27, 2018 64 D. Up to 50°/<> of the required native ve_ c_rr for the Sports Complex Pro°eci t maw retained on the abutting County owned property, utilized for the expansion of the Sports Complex within a unified site development accordance with the PUD deviation fo­unci7tn SectionII-Para raph 2.7 Deviation #21. F'- Passive Recreational Uses: Passive uses are allowed within Yards as lom4 any c�Iearin �reqLrqd to facilitate these uses does not the minimum required native Passive uses are specified in I_,)C section "Allowable uses within Count rMqLjrqd�reserves'j 111. PLAT SUBMITTAL AND CONSTRUCTION OF SUBDIVISION MPIROVEMENTS: AERIALS & MAPS: Plat submittals must include: A. An aerial identifying Native Trees within the yards of the Lots proposed in Plat submittal; 13. A map identifying the species and location of Native Trees in the Yards of the lots proposed in the Plat submittal. This Map shall be based on the characteristics of the Florida Land Use, Covers and Forms Classifications System (FLUCFCS) code. C. Within sixty days of the issuance of a clearing permit for the right of way to be platted; the aerial and map mentioned above will be ground truthed and a revised ("ground truthed") aerial and H..LJCFCS map must be submitted. The FLUCFCS Map shall delineate the NativeTree species as well as the percentage utilized within an area. 8" ex iiiore—k*�ftte ------ -7, mid tran sp 1 a*tft+g-feef�� W41iifn 4 C44! 2, PROTECTION DURING PLAT SUBDIVISION IMPROVEMENTS: During construction of plat subdivision improvements, all reasonable steps necessary to prevent the destruction or damaging of Native Vegetation within a Required Yard shall be taken, including the installation of protective barriers. Native Vegetation within Required Yards that is destroyed or receives rnaior damage must be replaced with Native Vegetation in accordance with the Replacernent Standards as set forth herein, before occupancy or use of that Lot or Lot(s), unless approval for their removal has been granted under permit. A. During construction, no excess soil, additional fill, equipment, liquids, or construction debris shall be placed within a Yard, except necessary for the installation of utilities. B. No soil is to be removed from within the drip line of any vegetation that is to remain in its original location, except as necessary for the installation of utilities in the Required Yard. C. Required Yards, less portions designated on the plat for the installation of utilities, shall be protected during land alteration and construction activities by placing a City Gate Commerce Park MPUD deleted PUDA-PL20170002330 Underlined text is added; -S#-u��text is March 27, 2018 65 M2I =10111ill'i" W-MU111 inowum. barrier around the perimeter of the Right of Way along the area of vegetation to be retained and on either side of any drainage easernents outside of the Right of Way. This barrier shall be highly visible and constructed of wood stakes set a maximum of ten (10) feet apart, at a height range of two (2) to four (4) feet, all covered continuously with an all-weather mesh material or equal type barrier method. D. Protective barriers shall be installed and maintained for the period of time beginning with the commencement ol'subdivision improvernents and ending with substantial completion of the subdivision irnprovernents of that plat. EAll protective barriers shall be installed pursuant to the "Free Protection Manual For Builders and Developers, Division of Forestry, State of Florida or other methods approved by the County Manager or designee. Temporary Signage shall be placed around the Front Yard areas to identify and protect the Required Yard during construction. The signs shall be limited to a maximum height of four feet and a maximum size of two square feet. One sign will be placed in the front yard of each Lot. NATIVE VEGETATION TO BE PRESERVED DURING INSTALLATION OF PLAT SUBDIVISION IMPROVEMENTS: 747 Pifle TFeeS A. A# --or Native Vegetation, located within Yards, will be preserved unless it is necessary to remove such vegetation: i. to provide ingress and egress to the Lot; or ii. when grade changes, surface water drainage or utility installations will damage or destroy the vegetation, IV, SITE DEVELOPMENT PLAN SUBMITTAL AND CONSTRUCTION OF BUILDING/SITE IMPROVEMENTS: SITE DEVELOPMENT PLAN SUBMITTAL: Each Site Development Plan submittal must contain: A A. An aerial identifying Native 'Frees within the Required Yards. B. A Map identifying the species and location of Native 'Frees in the Front Yards, This Map shall be based on the characteristics of the Florida Land Use, Covers and Forms Classifications System (FLUCFCS) code. The Map shall delineate the Native Tree species as well as the percentage utilized within an area. This map shall also identify the location of golden polypody ferns and butterfly orchids, if any, on the property submitted in the SDP. Golden polypody ferns and butterfly orchids shall be relocated to an appropriate place within the Required Yard. If no appropriate place can be found within the required yard, the golden polypody ferns and butterfly orchids may be relocated to the Lake/Recreational Parcel and/or existing Required Yards. City Gate Commerce Park MPLJD PUDA-PL201.70002330 Underlined text is added; S4-u� r text is deleted March 27, 2.018 66 2. WHAT MUST BE RETAINED IN REQUIRED YARDS: shavinga44ame"er Breast, Required Vards, must tan -pre-se�-. A. A44-e�h� Native Vegetation, located within Required Yards, will be conserved unless it is necessary to remove such vegetation: 1. to provide ingress and egress to the Lot; or 2., when grade changes, surface water drainage or utility installations will damage or destroy the vegetation; or 3. when the permitted use of 20% of the yard for vehicular drives and parking spaces will damage or destroy the vegetation. B. Phase Two/Three Blend: In the instance where lots from Phase Two and Three are replatted togther for future development,thenative ve 7etatio reguirement for those combined lots shall be provided based on the location of each-pipperty-,Lvithin Exhibit _but in no case will the total be less than 29.74 acres Two and Phase Three I C. The minimum native vegetation for Phase One is (Q.$2_acres . whichLialso shown on Exhibit A-6, age 25 of 28. PROTECTION DURING SITE DEVELOPMENT / CONSTRUCTION: During construction, all reasonable steps necessary to prevent the destruction or damaging of Native Vegetation shall be taken, including the installation of protective barriers, Native Vegetation within Required Yards that is destroyed or receives major damage must be replaced by Native Vegetation in accordance with the Replacement Standards as set forth herein, before occupancy or use, unless approval for their removal has been granted under permit. A. During construction, no excess soil, additional Fill, equipment, liquids, or construction debris shall be placed within the Required Yard, except necessary for the installation of utilities and additional supplemental native vegetation within the Required Yard. B. No attachments or wires, other than those of a protective or nondamaging nature, shall be attached to any vegetation within a Required Yard during construction. C. No soil is to be removed from within the drip line of any vegetation that is to remain in its original location, except necessary for the installation of utilities in the Required Yard. D. Required Yards, not already disturbed at the time of SDP, shall be protected during land alteration and construction activities by placing a continuous barrier around the perimeter of the area of vegetation to be retained. This barrier shall be highly visible and constructed of wood stakes set a maximum of ten (10) feet apart, at a height range of two (2) to lour (4) feet, all covered continuously with an all-weather mesh material or equal type barrier method. E. Protective barriers shall be installed and maintained for the period of time beginning with the commencement of building operations on a site, and ending with the completion of that construction work on the site. All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and City Gate Commerce Park MPUD text is deleted PUDA-PL20170002330 Underlined text is added; &tPiek4wei-� March 27, 2018 67 Developers, Division of Forestry, State of Florida or other methods approved by the County Manager or designee. Temporary Signage shall be placed around the Required Yard areas to identify and protect the Required Yard during construction. The signs shall be limited to a maximum height of four feet and a maximum size of two square feet. One sign will be placed in the front yard, in the rear yard, and in each side yard. There shall also be a sign on both sides of the access through the front yard. V. REPLACEMENT STANDARDS: If Native Vegetation Ee uitLed to be -preserved within a Required Yard is damaged or destroyed during site development, building or maintenance, the Native Vegetation lost must be replaced in accordance with the following standards: A. Minimum replacement planting standards: 1. The replacement of' Native Trees must be with Replacement 'Frees that are of sufficient size and quantity to replace the DBFI inches removed. 2- Each replacement tree shall be Florida grade No. I or better as graded by the Florida Department of Agriculture and Consumer Service. 3. All replacement trees shall be nursery grown, containerized and be a minimum of 10 feet in height. 4. Replacement trees shall have a guarantee of 80 percent survivability for a period of no less than three years. S. Control of invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County Land Development Code) shall be as provided in the Exotic Vegetation Removal Plan attached herewith as Exhibit "B". B. The quantity and identification of the species of Native Trees that were removed from a Required Yard will be presumed to be as those identified on the Aerials and Maps provided at the time of Plat, provided conditions within the Required Yard have not changed. If conditions within a Required Yard change so that the condition of" the existing Native Frees deteriorates, the type of replacement Native 'Frees may be change to Native Trees more suitable to the changed condition as determined by a qualified biologist. C. Location of Planting Replacement Vegetation: I . Each replacement tree will be replanted in the portion of the Required Yard in which the Native 'Free was seriously damaged or destroyed, 2. Notwithstanding the foregoing, replacement trees shall not be planted in utility easements. Native Trees that were seriously damaged or destroyed in platted utility easements must be replaced outside of the easernent. 3. Replacement locations for Native Trees removed from utility easements in Required Yards shall be selected in the following manner, in descending order of priority: a. A location in the immediately vicinity to the native tree's original location, if practical; b. Elsewhere in the Required Yard, if a suitable planting location exists that meets the minimum required distances from existing Canopy Trees; or c. Elsewhere on the Lot. D. The understory and groundcover vegetation shall be replaced to the area from which Native Trees were seriously damaged or destroyed, including easements. The selection of'plants shall be based on the characteristics of the Florida band Use, Covers and Forms City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; St++wk-t4fe+eh-text is deleted March 27, 2018 68 Classifications System (FE[JCFCS) code, The exact number and type of species required will be based on the Replacement Plan attached hereto as Exhibit "C". E. The timing of installation of replacement plantings will be any time prior to the issuance of a certificate of occupancy or a certificate of completion. VI. REQUIRED YARD USES, SETBACKS AND MAINTENANCE: A. ALLOWABLE USES WITHIN REQUIRED YARD AREAS. I Storm- Water Management shall be permitted in Required Yards, provided that a sedimentation catch basin, or equivalent pretreatment system, is employed at all discharge points of storm water into Required Yards; 2. Utility Easements are permitted in Required Yards; 3. Fences and walls are permitted along the perimeter of any Required Yard area; 4_ Signs, identifying the business/tenant(s), are permitted in Front Required Yards but must be proximate to entries drives and, if possible and practical, located in a utility easement; and 5. Benches are permitted in the Required Yard-..- and 6. Per the recorded tjQA_(O.R. Book s), 4517 & 5168, 64.0 & �89,the — L L RL(Lvision and or construction of right turns lanes will not result in the loss of any developable area on lots affected. The shall be measured -from the adiacent property line to any right-of-way and not the ri_1p�1t-of-way easement required for each turn lane. The re�quirqd f qtyre _Ep qireO_yqL . d for each affected lot shall not gjh�ane as noted above. B. REQUIRED SETBACKS TO REQUIRED YARDS. I All principal structures shall have no setback from the boundary of any Required Yard. 2. Parking lots and site alterations associated with parking lots shall have no setback from Required Yards. (DO 88-93, Section 111, 33.C) than 20 feet M4-p'e Pavement elo-�' NK" NO a MAII muy F&I 101 V WL "EMel 1. Trees, including sabal palm, may be pruned of dead or dying branches\fronds. 1 Native vegetation adjacent to a boundary of` the Required Yard may be pruned to prevent its growth into and/or over parking areas or buildings. If atree within 10' of a boundary of the Required Yard continually requires pruning to prevent its growth into and/or over parking areas or buildings, it may be replaced with another native tree species that is more compatible with the proximity of parking area or building. 3. All required yards shall be kept free of refuse, debris, and exotic or nuisance vegetation. City Gate Commerce Park MPUD PUDA-PL20170002330 Underlined text is added; 84+w444feugh-text is deleted March 27, 2018 69 D. PROTECTIVE COVENANTS. The Maintenance Responsibility of all Required Yards shall be the Master Property Owners' Association or a Community Development District. Said Association or District shall have the authority to enforce violations, by lien and/or tax assessment, and to secure compliance of this Plan, more specifically but not limited to the requirement to replace damaged or destroyed Native Vegetation within a Required Yard with Native Vegetation as set forth in the Replacement Standards. Further, the Association or District shall have the authority and responsibility to install replacement Native Vegetation on a Required Yard for violations of this plan, The Association or District as well as the owner shall be responsible for the continued maintenance and upkeep of all replaced native vegetation so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation, 'The Association or District shall be responsible for ongoing maintenance to prohibit the establishment of prohibited exotic species. Any replacement vegetation shall be replaced within 30 days of their demise and/or removal. E. COUNTY INSPECTIONS. The Required Yards shall be completed and approved for a specific Lot prior to the issuance of a certificate of occupancy. Prior to preliminary acceptance of the required subdivision improvements for a Phase or Plat, the Yards may be inspected to verify compliance with this Plan, VII SPECIFIC RULES. A. MAIN GOLDEN GATE CANAL LOTS: Those lots adjacent to Unit 28 of Golden Gate Estates or a replat thereof and the Canal Easement for the Main Golden Gate Canal: I PRIOR CLEARING: The Developer; the Property Owner's Association or any future property owner are not required to replant Native Vegetation on any portions of Yards that were cleared by Collier County or Collier County's contractor/agent prior to the date of this Plan. This does not obviate Developer's obligation to install any perimeter landscape buffer required by the C4tytta�e CITY GATE DRI within any portion of Yards that have been cleared prior to the date of this Plan. 2. NATIVE VEGETATION CALCULATIONS: In any calculation to determine whether the amount of Native Vegetation retained in Required Yards on Lots in the plat of subdivision phase is sufficient, the total amount of Native Vegetation to be retained in that phase shall be reduced by an amount equal to sixty percent (60%) of the portion of lots contained in that phase that were cleared by Collier County or Collier County's contractor/agent prior to the date of this plan, The Developer shall not be required to replant or recreate native vegetation in any portion of this area. The agreed amount of land cleared in Phase Two is 2.81 acres; therefore the total amount of Native Vegetation to be retained in this Phase is reduced by 1.69 acres. The agreed amount of remaining land cleared is 2.38 acres. City Gate Commerce Park MPLJD PUDA-PL20170002330 Underlined text is added;&4-u �-�text is deleted March 27, 2018 70 3. "SPIAT" LANDSCAPE BUFFER: The Developer agrees that all the vegetation used for the split perimeter landscape buffer will be native but shall not be required to meet the Replacement Standards or Recreation Standards. B. FPI, EASEMENT LOTS: Those Lots adjacent to the 170' wide Florida Power & Light easement. L SETBACK: There is no setback from the 170' wide Florida Power & Light easement. V111 EXHIBITS OF PLAN: Attached hereto are Exhibits "A --- H". Attached hereto as composite Exhibit "l)" are three examples of site plans that are consistent with and compatible with this Plan. Exhibit "F"", Exhibit "F" and Exhibit "G"_pEOvid( the Native VeL,etation calculations for the plats of Phase Two and Phase Threeg respectively. In the instance where lots from Phase Two and Three are EpRLattgdjqggjher fc�r f uturg - development, the native vegetation requirement for those combined lots shall be calculated based on the location of each -pLo2crLy qs p)rovidgd in Exhibit "Ll". _ -- City Gate Commerce Park MPUD PUDA--PL20170002330 Underlined text is added; Ste+�g text is deleted March 27, 2018 71 o z o U VI Z 0 ui U) U) U) 0 w C) CN r- Lij 0- 0 Lli 01 Z CL ..j -j L. Z LJ 0 C U E, Wu.. x 0 C/) LLJ C/) LU iJ Lij < Z L 8, Lli CD Z o z o U VI Z 0 ui U) U) U) 0 w C) CN r- Himmi EXIIII31T B EXOTIC VEGETATION REMOVAL PLAN A. All Category I Exotics, as defined in the latest exotic plant list published by the Florida Exotic Pest Plant Council, must be removed from the entire platted phase of development, Notwithstanding the foregoing, if a plat submittal includes a tract that must be re -platted, then Exotic will be removed from that tract in conjunction with the re -plat, B. Exotics within the yard shall be physically removed, or the tree cut down to grade and the stump treated. The base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. C. Exotics in a yard may not be "treated in place". D. Control of exotics shall be implemented on a yearly basis to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. 1. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b. From an entire building site prior to the issuance of the certificate of occupancy for that building. C. Fro property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvements prior to the issuance of a certificate of occupancy, 2. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency, When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. 3. Exotic vegetation maintenance plan. Annual plans, which require prohibited exotic vegetation removal and describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis. City Gate Commerce Park MPUD 73 Underlined text is added, Str#-threu�k+ text is deleted PUDA-20170002330 March 27, 2018 �1 11MAK"N 11W91 00 1MM LKWMIA a MW !XO 0 REPLICEUE11T 11"LIN Tree requirements are provided for in Required Yard L11apTLag ,e 7 of 28. An example of tree replacement would be removal ofone(1) 8 -inch DBI I pine tree may be Ecpjace4-bhfour-(4)2-inchLDB11 njL trees or anicombination of pine trees that total the removed DBI 1. SHRUBS Replacement Shrubs within Required Yard Easements: The shrub layer is proposed for planting on 20' centers. The shrubs will be appropriately clustered throughout the Required Yard to mimic natural conditions. Replacement shrubs will meet all standards for restoration and will be a minimum of 3 gallon in size, graded Florida Number I or better. Replacement Shrubs within all other portions of Required Yards: The shrub layer is proposed for planting on 5' centers. The shrubs will be appropriately clustered throughout the Required Yard to mimic natural conditions. Replacement shrubs will meet all standards for restoration and will be a minimum of 7 gallon in size, graded Florida Number I or better. FLUCFCS 411 & FLUCKS 321: Based on vegetation typical of a pine flatwoods and palmetto prairie communities, the species of shrubs planted will selected from the table below, with at least 3 species utilized: LSCIENTIFIC NAME COMMON NAML-_______j Callicarf)a Americana beautyberry Serenoa repens saw palmetto Myrica cerifera Myrsinefloridana Ilex glabra Rhus copallinum wax myrtle myrsine gal I berry/ink berry winged sumac FLUCFCS 427: Based on vegetation typical of an oak community, the species of shrubs planted will selected from the table below, with at least 3 species utilized: SCIENTIFIC NAME COMMON NAML_____j C.allicarf)a Americana beautyberry Serenoa repens saw palmetto Zam ia pumila coontie Ilex glabra gallberry/inkberry Rhus coj)allinum winged sumac City Gate Commerce Park MPUD PUDA-20170002330 March 27, 2018 74 Underlined text-ts-adde �,uck through text is deleted Eximu'r c EXHIBIT A-6 (PAGE 14 OF 28) NATIVE VEGETATION rU 11M 5,11 Ground Cover The herbaceous layer is proposed for planting on 5' centers. The plants will be appropriately clustered throughout the planting area to mimic natural conditions. Replacement plants will meet all standards for restoration and will be a minimum of bare root in size, graded Florida Number I or better. I'LIJUCS 411 & Fl..,U(.FCS 321: Based on vegetation typical of'a pine flatwoods and palmetto prairie communities, the species of herbaceous groundcover planted will picked from the table below, with at least 3 species utilized: SCIENTIFIC NAME COMMON NAME Coreo])sisspl). Tickseed Liatris gracilis blazing, star Panicum virg-iulum Saccharum giganieum Sparlina bakeri Tripsacum dactyloides Piloblephis rigida Arislidasp]) switchgrass giant plumegrass sand cordgrass Fakahatchee grass Florida pennyroyal wire grass FIJJCFCS 427: Based on vegetation typical of an oak community, the species of herbaceous groundcover planted will picked from the table below, with at least 3 species utilized: SCIFNTIFIC NAME COMMON NAME Coreopsis spp. Tickseed Liatris gracilis blazing star Panicum virgiatum switchgrass Piloblephis rigida Florida pennyroyal Ari*slidaspl) wire grass I . Specific species chosen from the above lists will be subject to nursery availability. Substitutions of similar species may be made. 2. Individual plants may be grouped or "clumped" to more accurately mimic natural conditions. 3. All plants will be graded Florida Number I or better. 4. This plan may be modified to allow for changing conditions. Should conditions within a required yard change so that the condition of the existing native vegetation deteriorates, the above lists of native species may be amended to add native plants more suitable to the changed condition. As an example, if a saw palmetto is destroyed within a Required Yard but the duration of hydro -period has increased to the point that a replacement saw palmetto may not survive, then it may be replaced with a more water tolerant native species. City Gate Commerce Park MPUID PUDA-20170002330 Underlined text-���-k through text is deleted March 27, 2018 75 am C) CQ C) C"— C) Q—) z W Li W LL m Ld V) I i EXHIBIT D. PAGE 1 OF 10 76 Q) IS Lj ZZ) Q� 9 NNE I i EXHIBIT D. PAGE 1 OF 10 76 RS ryll 10 JO 77. " ° INS Q) cz 0 Cl- 0 79 CY) Q) Q) LJIJ LJ co CK: L -Q ct LLJ Z lt 0 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . XII I`S` A-6.(P GE 19�° 28)Compos. . . �,(C It I ®it'. . . ...a.®.6.®.. . . ....... . ...... ....... ....... ........ �ff . ... r' t�#�rTr Ir �rx xf.rlt i xi;;f�71'I Trilr}Yri ii'st€€ti ��( Ir��P(f irl �Ir x,,l y7 . . . . . . x :ur � h 1a #ai rdi ilii lir ,� ii 7717 {ii t�.`il a/r r i�r txr ri xs7�6��trr� Ilfl '�ai£i 5ii4DiL GP 1 a ✓ I �ilfr� iil'I'£'�rl�xj rfr trrrf i �/xt✓/t '�rlll�.lt/P�ui Iiii ir,fi����d 7xx15tfx �� l . . Ilii;lf� {vtl�lxr�x i P 'r �f/�t�slH� �l1ii �lilil tilt) i Itlili�lll'ix 4(!� r tllU�� yd�r'rr4 iFstrt7l�r£tilz�xalPfll�i��i�rtrrll'�{'iilallh�i���l/'�%1ysi�?(��r,�i4�e�il '�J tl ii 'ii £i rIJ�D��(Ix irr lir r- t li U 2 U i;i xi r rrr r�tl r�'U)`r�� �t i r/ J� id (r1� lrr i r7r r1 / �i iaf� rir 41,100 SQ Ui'i���Gsl;���� e!s yrJ i BUILDING J �fi � i i ' ri s ru Y itr i (n( �£iris ; s�l�) s(�'�rfhr� ;trx irJJ t� iixlr ll�rh �lr �rila 7�til�i;i �€il'��I£��Ii 741�(1 .740 ., . . �xrrr _l iii illi �� tf �a� �1r�r£��jr ii i�x rrt x iii i r' lard jAi€}fi€p£I�1ir ��#il ib t' ; I�t�{rif �ir��tri£7i7 tl�rlriiJ�ttl �{1I €IfiI�I�� IiiIlli lr�iA��'ili i�ii�(I �ii�ri�Jir l�'ly lr i i) a�lilbt t�i��£r �rJ.i1 J>J'frl iiia3117Ita+£x ii rsxr�,F4„ier �nr�irl�t�lr�r ��x���f ,!i Jisii . . . . . . . ��r'1'4 a'rt�rx (lrn(r't/ r� riG �ti�Ilraiil�i�fiAripi rilpri�ir a� te(Nii'�it if l£e, . . . . . . . . ��.��liij' Ixz�lii4 )1�#f�i�ixtr'1t£xi �illil,111;1 all, (riyt�i€ft ra{L�i 1�#?1+flf�t� ��iii Jj��iJti(�i( Ij i?, I di,t ^f xr xt I' ,i . . . . . . 1' Al 1 t x iYI iI J xp iVil Nrli { 11i xl it 4l(�t'fi iir)�IIi II ile� . . . . . . . rf xtl ,ridt5 �rl rx€�yr Iri rfrar i.�i rlt42tst,fi9�"asil h i(i `Y 11 xli � i ry ° . . . . . r£ll(�lt "r'vtrr�'r7 �al�yff t� tf�111�/rrlrf�xxx� f err �i a�si hila H�i 1�7`��) �%3�Itfll�@i ttr' � liirlt(i p>£ i1I ix A; i F � xi �r JlCrr x i ��rr���ruf�aili fx y: £11/vl x✓rrl���rtrf�s,ri�f, si�jl'Jfir£t�€Iil�'�;�'11i1��lli��I"�JY�,{,; III('F�;� £`t' . . . . . �Ild 1 � �xr a�?��x,,,i 6,�t r xxx �:eUll rerr ifi .SII i£ { irk/1 xx „�j � PROPOSED 4 1, 100 50 � #ra 9 it ', t . . . . . .d�i BUILDING . . . . . . . . r i£ii i�tr1� (ii ix' r } 1 IJix r !° tl r ( epi€ �� �� r idl i�in . . . . . . : 1>'r t tt Vii[;l i 7t<ii 7l ii exr 7 i#Oii��lx�l � i"l�i � ��Utt����rj fAr �rff y�axl C� f ; u��ii s ; t71 r I c � i�i'i i� r �x i t fall rr�rir���>�Ut"lliidaxi�l� �" �F tl, a rt ys��.��r �xtdlJl" rlfr�xs`7 lft �I�7�kttt{. hY �i ��i x ISN/ ti}{ ; iiftrri �f iir lei fssz 1 �r r� titr ���fl�7 Ie� �Ii1y€i�{I"xi( i�( M ;x�1fAmili . . . . . . r . . . . . . . . _ flniti' s:'l�o)��x,�rfxxila �n%ft)4i �ijl�r,#j E}S)) ix w Jx 6�€ot iii li�#i7�t' r✓x��t ' �r���t���I��II IU � r . . . . . . . . . ,�` . . 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L)i 0 < JIB m 0 z 0. _j LLJ Lu Lij CJµ Lij a M < < < W W4 -(D o WI- 0� Lij (f) > < it u LIJ < oX z LI WLJ __uj z FLORIDA DEPARTMENT 0 STATE Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Anne Jennejohn Dear Mr. Brock: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-13, which was filed in this office on April 2, 2018. Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building * 500 South Bronough Street * Tallahassee, Florida 32399-02 Telephone: (850) 245-6270 www.dos.state.ft.us I 23293p�,? �ti0 ni NOV 2L t 0 M Gia � ORDINANCE NO. 10 - 4 2 AN ORDINANCE OF THE BOARD OF COUNTh; a'.' ` r� COMMISSIONERS OF COLLIER COUNTY, FLORIDAj_ ;- y AMENDING ORDINANCE NO. 88-93, THE CITY GATEr'" } COMMERCE PARK PLANNED UNIT DEVELOPMENT, III DELETING SECTION VII CONTAINING THE RED v'. COCKADED WOODPECKER MANAGEMENT PLAN; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 13, 1988, the Board of County Commissioners adopted (1) Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development (the "PUD") and (2) Development Order 88-02 (the "Development Order"), which approved a Development of Regional Impact (DRI) known as Citygate Commerce Park Development Order; and WHEREAS, as a result of an appeal by the Florida Department of Community AtTairs (DCA), a Settlement Agreement between Collier County and DCA resulted in Development Order 90- 4, Resolution No. 90-431 dated August 28, 1990 (1990 DOA), which amended Section One: Conclusions 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, the provisions of the 1990 DOA are the currently effective provisions relating to Red Cockaded Woodpecker Management and mitigation; and WHEREAS, 850 NWN, LLC, a Florida limited liability company, and CG II, LLC, a Florida limited liability company, (collectively "Petitioner") owns the PUD property east of the FPL Easement; and WHEREAS, the Petitioner, after formal consultation with the United States Fish and Wildlife Service (USFWS), developed the City Gate Habitat Conservation Plan (City Gate 1 ICP), which incorporates the latest Red -Cockaded Woodpecker ("RCW") management methods; and WHEREAS, the City Gate HCP was approved by the USFWS on March 30, 2009 and issued a Federal Fish &Wildlife Permit (City Gate Federal Permit) to the Petitioner on July 1, 2009; and Underlined text is added; Strueli through text is deleted. City Gate PUDA-PC.2010-845 rage 1 of 5 Rev. 11/09/10 WHEREAS, the City Gate Federal Permit incorporates the most current RCW mitigation strategies; and WHEREAS, the RCW Management Plan in the 1988 PUD varies from the RCW management plan and mitigation strategies required by the City Gate HCP and City Gate Federal Permit; and WHEREAS, Roger B. Rice, of Roger B. Rice, P.A., representing the Petitioner, petitioned the Board of County Commissioners of Collier County, Florida, to amend the PUD; and WHEREAS, Petitioner, simultaneously with Petitioner's petition to amend the PUD in the manner set forth herein, has petitioned to amend the 1990 DOA to conform the RCW Management Plan and mitigation strategies of the Development Order to the RCW management and mitigation requirements of the City Gate HCP and Federal Permit respectively; and WHEREAS, upon the approval of Petition Number DOA-PL2010-843 and the adoption of a resolution amending the 1990 DOA (the 2010 DOA), the operative RCW management and mitigations requirements for the City Gate DRI/PUD will be the requirements of the 2010 DOA; and WHEREAS, for clarity and administrative efficiency, both the County and Petitioner agree that: (1) the RCW management and mitigations requirements for the City Gate DRI/PUD will be the requirements of the City Gate HCP and Federal Permit respectively which shall be required by the 2010 DOA, and (2) that any actual or potential con#licts between the DRI and PUD with respect the RCW management and mitigation should be eliminated by deleting all provisions regarding RCW management and mitigation from the PUD, so that the requirements shall be only as set forth in the 2010 DOA; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on September 16, 2010; and WHEREAS, the Petitioner and the Board of County Commissioners desire to amend the PUD to conform to the City Gate HCP and the City Gate Federal Permit. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Underlined text is added; Shtick through text is deleted. City Gate PUDA-PL2010-8 45 Page 2 of 5 Rev. 11/09/10 SECTION ONE: AMENDMENTS TO SECTION VH OF THE PUD DOCUMENT IN ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PUD. Ordinance 88-93 is hereby amended as follows: Section VII of the PUD document is hereby deleted in its entirety: Underlined text is added; StRrelk thFOtigk text is deleted. City Gate PUDA-PLM-8 45 Page 3 of 5 Rev. 11/09/10 s .• ,,. .. ■ Mn Underlined text is added; StRrelk thFOtigk text is deleted. City Gate PUDA-PLM-8 45 Page 3 of 5 Rev. 11/09/10 s Underlined text is added; StRrelk thFOtigk text is deleted. City Gate PUDA-PLM-8 45 Page 3 of 5 Rev. 11/09/10 • ■ ■"M IV RIM • MOL T.94P.W. MIN 1 / � ■ jj� NOW ■ rr ■ ■ ■ - Y � Y ■ v ■ • -717—M L / ■ ■ MOL T.94P.W. MIN 1 / � NOW ■ Underlined text is added; erru:_k thFeagh text is deleted. City Gate Pt]DA-P1.2010-8.35 Page 4 of 5 Rev. 11/09/10 SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote by the Board of County Commissioners of Collier County, Florida, this CIII 'day of 1�1OVC aj ty2.l' , 2010. ATTEST: DWIGHT E:? ' WiCK;.CUFRK By: Dtp uty erl� Attest to. i1�t4�LW"f� 4A'f �� Approved as to form and legal ufficiency: Heidi Ashton-Cicko Assistant County Attorney C P110 -CP S-010341 19 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: �. FRED W. COYLE, Chairman This ordinance filed with the Secretary of stote`s Office the 1" day of h6k9WAL--, and acknowledgement of that filing received this �� day of ByTMe Underlined text is added; Stmek thFough text is deleted. City Gate PUDA-PL.2010-845 Page 5 of 5 Rev. 11/09/10 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010-42 Which was adopted by the Board of County Commissioners on the 9th day of November, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of November, 2010. DWIGHT E. BROCK Clerk of Courts„.aid Clerk Ex -officio to 3oard 0f'1' County Commissipriers. By: Martha Verga 'r Deputy Clerk ORDINANCE NO. 09 - 6 9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF C OLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, BY AMENDING SECTION 2.7 OF THE PUD DOCUMENT TO ALLOW STREETS TO BE PUBLIC; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 13, 1988, the Board of County Commissioners adopted Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development (the "PUD"); and WHEREAS, Joseph R. Weber on behalf of 850 NWN, LLC and CG II, LLC (the "Petitioners") has petitioned the Board of County Commissioners to create the City Gate Community Development District; and WHEREAS, the Petitioners and the Board of County Commissioners desire to provide for the platted streets in the PUD to be open to the public. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENTS TO SECTION 2.7 OF THE PUD DOCUMENT IN ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PUD. Section 2.7 of the PUD document is hereby amended as follows: 2.7. STREETS TO BE PRFVAT-E OPEN TO THE PUBLIC. Except as otherwise agreed between County and owner or as determined by the Board of Supervisors of the Community Development District, z4all platted streets within the project shall be common property of the project landowners and shall in all cases be open to travel bathe public. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. 1 Words stmsk thFough are deleted; words underlined are added. SECTION THREE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote by the Board of County Commissioners of Collier County, Florida, this 15 day of ire U,-1 6CC , 2009. ATTEST:,,, . DWIGHT° ,, 3gQC,K, CLERK �3 J MwDpputy Clerk i� .TO`_� Approved as to form and legal sufficiency: bk,� k Jeffrey A. Klatzkow County Attorney 09.0028/1 10/30/09(2) HFAC BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, Chairman This ordinance filed with the $ggretory of tote's Office th .orad of that fil'r�arewe� i6i s day of r-Irz# 7 2 Words stFUGk thFO ugh are deleted; words underlined are added. J STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-69 Which was adopted by the Board of County Commissioners on the 1st day of December, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of December, 2009. DWIGHT E. BROCK Clerk of Courts and Clerk Ex -officio to Board of, County Commissioner's �•�%f; U t Teresa Po? ki, > Deputy Clerk` ' ' ORDINANCE 8A 93 - AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS DUAP IJUMBER 49-26-7 BY CHANGING THE ZONIIIG CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 AGRICULTURE TO "PUD" PLANNED UNIT �. DEVELOPMENT KNOWN AS "CITY GATE COMMERCE PARK" FOR MIXED USES NON-RESIDENTIAL, r , _ COMMERCIAL/INDUSTRIAL/ OFFICE/RELATED SERVICES FOR PROPERTY LOCATED AT THE NORTHEAST QUADRANT OF 1-75 AND C.R. 951, 287.187 + ACRES, IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST; AND PROVIDING AH EFFECTIVE DATE. ,M. WHEREAS, William R. Vines of Vines and Associates, Inc., representing Citizens and Southern Trust Company (Florida) National Association, Naples, Florida as Trustee under Land Trust 15360, petitioned the Board of County Commissioners to change the Zoning Classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONEt The zoning classification of the hereinafter described real property is changed from A-2 Agriculture to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 49-26-7, as described in Ordinance 82-2, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. DATE; December 13. 1988 BOARD OF COUNTY COMMISSIONERS COLLIE3 COUNTY, RIDA ATTEST: ' ', BY: `JAMES C. GILES, CLERIC RT L. SAUNDERS, CHAIRMAN s• Titin Pidb+once fired with We r ,.y 'f Oifk, APPROVED Aq.'ib FORM AND LEGAL SUFFICIENCY w4 leitf m o wt " ; s �' fit nrollwd $ d°'' . JO IE M. STUDENT ((� ^ v „M ASSISTANT COUNTY ATTORNE7i0k VJ3 PA14 82 a.M. �-1 12-5-5: CITYCATE COMMERCE PARK PLANNED UNIT DEVELOPMENT DOCUMENT Prepared by Vines 9 Associates, Inc. 715 Tenth Street South Naples, Florida 33940 Phone: (313) 262-4164 Date Filed: 4-16-87 Data Approved y Date Approved by BCC: j2/1i/133 Onlinanta Number: 88-93 1004 M PAf t ..OJ MR INDEX SECTION 1. PROPERTY OWNERSHIP AND DESCRIPTION 11. PROJECT DEVELOPMENT 111. PROJECT DEVELOPMENT REGULATIONS IV. ENVIRONMENTAL REQUIREMENTS V. TRAFFIC AND ENGINEERING REQUIREMENTS VI. UTILITIES REQUIREMENTS VII. RED COCKADED WOODPECKER MANAGEMENT PLAN ATTACHMENTS: MASTER PLAN TABLE 12.B.3. 1* 033116['"84 ar E&Z I - 6 7 • 14 15 23 211- 27 28 - 29 30 - 40 41 - 44 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION wr` 1.1. PURPOSE x y,, ry The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property to be developed under the project name of: CITYCATE COMMERCE PARK. G6. s is 1.2. LEGAL DESCRIPTION The subject property Is 287.1117 acres in area. The legal description follows this page. 1.3. PROPERTY OWNERSHiP Title to the property is currently in Land Trust 1 5360, held by Citizens 9 Southern Trust Company (Florida) National Association, Naples, Florida, P.O. Box 1857, Naples, Florida 33939.1857. The land trust constitutes a unified ownership vehicle. Decisions i. 4. regarding trust management are made by a single trustee In accord with management guidelines approved by a majority of the trust beneficiaries. er . 1 ;,� t s40i.t. MONTE$ AND ASSOC.. INC. Nh41 Fite No. SS,23 CONSULTING ENG INEE RS - UWD SURVEYORS 913 0 / e 6 Sheet 1 of 2 LECAL DESCRIPTION The North half of Section 35, Township 49 South, Range 26 East, Collier County. Florida LESS the West 100.00 feet thereof for rlght-of-way purposes and LESS the following described parcels: A parcel of land being a portion of the Northwest quarter of Section 3S, Township 49 South, Range 26 East, Collier County, Florida. Being more particularly described as follows: Commencing at the quarter Section corner, common to Sections 34 and 35. Township 49 South, Range 26 East, Collier 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 314 -inch iron pipe; thence along the Section line between said Sections 34'and 35. North 00029115" 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 a of 10; thence along said centerline of the proposed Access Road No. 1 North 89031101" 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-of-way line North 0002911S" 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 89031101" East, 456.51 feet to a 4" 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 00047114" 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 i Light Company (FP&L) right-of-way as described in Official Records Book 681, Page 1210. Collier K County Records; thence along said Westerly FP&L right-of-way North 31030128" East, 70.02 feet to an Iron rod; thence continuing along said Westerly FPSL right-of-way South 58030103" East, 761.56 feet to a 4" x 4" concrete monument; thence d continuing along said Westerly FP&L right-of-way South 00047114" West, 1,066.70 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FP&L right-of-way South 00047014" West, 332.74 feet to an Iron rod marking the intersection of said Westerly FPSL rlght-of-way with the South line of the North half of the South half of the Northwest quarter of Section 35. yy Township 49 South, Range 26 East, Collier County, Florida; said point also being the Southeast corner of the parcel baing herein ins descrlbed; thence along said South line of the North half of the South half of the Northwest quarter of Section 35, South Q: 89004140" West, 690.62 feet to a 4" x 4" concrete monument; said 100+ 033 M1 M M1 H k File No. 03.23 9/30/66 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, 653.60 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 89031101" 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 right-of-way North 00029115" West 100.00 feet to the POINT OF BEGINNING. 0 A portion of the North half of Section 33, Township 49 South, Range 26 East; being described is follows: Begin on the South line of the North half of said Section 35, at a point North 89000101" East 100.00 feet from the Southwest corner of the North half of said Section 35. thence run North 00029115" West, 1,334.19 feet, thence South 04021108" East, 296.92 feet. thence South 02046125" 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 41001129" to the end of said curve, thence South 43047154" East, 94.86 feet to the South line of the North half of said Section 3S, thence South 89000101" West, 206.27 feet to the POINT OF BEGINNING. 0 A portion of the North half of Section 3S, Township 49 South, Range 26 East; being described as follows: Begin on the South tine of the North half of said Section 35, at a point North $9000101" East, 306.27 feet from the Southwest corner of the North half of said Section 35, thence run North 43047154" 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 anile of 41001129" to the and of said curve, thence North 02 46125" West, 750.60 feet, thence North 04021106" West. 296.92 feet, thence North 00029115" West, 65.00 feet, thence North 89031101" East, 64.41 feet, thence South 04021108" East, 378.34 feet, thence South 0244612S" East, 751.5d feet, to the begginning 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 41001129" to the and of said curve, thence South 43047154" East, 159.68 feet to the South line of the North half of said Section 35, thence South 89000101" West, 95.40 feet to the POINT OF BEGINNING. Containing 287.187 acres, more or less. 3 BOLE. MONTES A ASSOCIATES. INC. H" 033 P, x"87 t 1.k. GENERAL DESCRIPTION OF PROPERTY AREA f, A. The 237.187 acre tract lies to the northeast quadrant of the I-751 CR 9S1 interchange. The property is bounded on the west by CR 951 and on the north by the Golden Gate Canal. B. The property is zoned A-2 Agricultural, proposed to be rezoned to PUD- Planned Unit Development. The property lies in the Collier County Water Sewer District. I.S. PHYSICAL. DESCRIPTION The property elevation ranges from about 10.3 fest to 12.2 feet above mean sea level, averaging about 11 feet. Wetlands on the property are limited to about 28.5 acres, most of which has been previously subjected to extended periods of over drainage and exotic vegetation invasion. Most of the property is vegetated with pine and associated upland plants. Soil types on the property include Arzell. Keri, and Pompano Fine Sand. Water management for the Citygets Commerce Park project is to be the lake and natural surface detention type. Surface water discharge will be to the north into the Golden Cate Canal through a single control structure. 4 Im OM 1t A vO(7 1T 4 a i.6. STATEMENT OF COMPLIANCE Development of Citygate Commerce Park as a Planned Unit Development will comply with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The Comprehensive Plan Policy which most specifically relates to the Citygate project Is Policy "D" of Objective 3: OBJECTIVE } An appropriate mix of land uses to provide for the present and future needs of Collier County. D. Guide economic development to encourage a diversification of the county's economic base and to meet the employment needs of present and future residents. Compliance with the Comprehensive Plan rests on the following factors: 1. The Citygate property meets the Comprehensive Plan rating point system with respect to the availability of public services and facilities. 2. The planned land use mix conforms to the Future Land Use Map. S t. . 3. All project improvements will comply with applicable regulations. 4. The project will constitute a major work center with an excellent working environment. S. The project will be served by s complete range of services and facilities. i 100 033 90 s1T- PURPOSE a SECTION II PROJECT DEVELOPMENT ¥^ The purpose of this Section is to describe the basic development objectives and to generally describe the project development plan. 2.2. GENERAL A. Citygate Commerce Park is planned as a mixed use, non- residential. commercial /industrial loffice/related services project. The uses on some, if not all, of the sites nearest CR 9S1 west of the F.P. S L. easement will provide a variety of commercial services to highway travelers, with a special emphasis on the provision of service to Interstate travelers. The remainder of the sites, both east and west of the F.P. i L. easement, will be utilized by commercial and Industrial firms associated with technoligical research, product development, light manufacturing, storage and distribution, offices and a wide variety of utilitarian and commercial support businesses. It is anticipated that some of the Citygate land uses will be linked with educational i 10111 os•�i institutions. Citygate Commerce Park will provide sites which accommodate a variety of entrepreneurial activities in a physical setting which. is spacious, attractive, and free of the nuisance type characteristics which are typical of industrial districts of the past. A primary development objective of Citygate is that the structures, the amenities, and the natural and installed landscape be attractive and constitute a pleasant, satisfying employment environment. B. Development of this project shall be governed by the contents of this document and applicable sections of the Collier County Zoning Ordinance. C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Zoning Ordinance. a MW1 ::, : 2.3. PROJECT PLAN .. r A. The Master Development Plan for the project Is indicated on Map (H) of the Application for Development Approval and is an integral part of this PUD document. A reduced version of the Master Development Plan is attached at the rear of this document. Elements of the Master Development Plan include: Land Use Streets Lake Common Lands F.P. t L. Easement Building sites (includes wetland preserves which must be kept as on-site natural woos) Total Accts 21 33 10 12 287 Pro)ect development shall conform to the approved Master Development Plan In general and to the approved Subdivision Construction Plans. B. In addition to the plan elements shown on the Master Development Plan, such essements and rights-of-way shall be established as may be necessary or desirable for the service, function or convenience of the project. &W OPly.['M M C. The Master Development Pian is also the Subdivision Master Plan. 2.4. MAXIMUM DEVELOPMENT INTENSITY Y Development intensity permitted within Citygate Commerce Park shall be limited to the amount of building development, number of employees, and number of parking spaces set forth in Table 12.0.3., reproduced from the Citygate Commerce Park A.D.A.,and attached at the rear of this document. The amount of building development devoted to the various land uses which will occupy the project may vary from the estimates incorporated in the A.D.A., but the aggregate amount of building development Indicated by A.D.A. Table 12.8.3. may not be exceeded. 2.5. PLAN APPROVAL REQUIREMENTS A. PURPOSE The Master Development Plan indicates the basic nature of development permitted for the project as a whole, consisting of a road network, a centrally located lake, a system of pedestrian ways, a lake front amenity sit* and corridors of development sites along which individual development parcels will be established. Installation of required streets, 10 WOKnq W3PArt '94 I M =1 utilities, etc. may occur either in the entirety, or In a series of increments. The purpose of the plan approval requirements is to provide a mechanism for the county staff to review detailed development plans and to determine if those plans comply fully with commitments established by the PUD document, DRI Development Order, County Zoning Regulations and all other applicable stt.idards and regulations. County staff approval of detailed development plans must be obtained prior to the construction of project infrastructure. B. SITE DEVELOPMENT PLAN APPROVAL REQUIRED Prior to issuance of building permits for s structure or structures on any development site, Site Development Plan approval must be obtained in accord with Section 10.5 of the County Zoning Ordinance. The Site Development Plan must be In substantial compliance with the project Master Development Plan, as that plan may be modified by Collier County from time to time. In addition to the listed concerns of Section 10.5, the Site Development Plan review and approval process shall include consideration of architectural design quality and building materials suitability as those matters relate to the development quality commitments set forth in Section 2.2.A. of this document. 11 1K %'WJ vVU 1fi !/ C. RECORD PLAT APPROVAL. REQUIREMENTS Prior to recording the record plot, final plans of the required improvements shall be approved by the Planning/Zoning Director and appropriate other Calder County Departments and Officisls to insure compliance with the project Master Development Plan, the Collier County Comprehensive Pian, the Collier County Subdivision Regulations, and platting laws of the State of Florida. 2.6. EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS The following requirements shall be waived or modified: A. Article X. Section 16: Sidewalks thail be required as shown on the approved Master Development Plan, on at least one side of the existing access road when it is reconstructed as required by 5.2.B., and on at least one side of all internal project streets. B. Article X, Section 19: Street name signs shall be approved by the County Engineer but need not meet the USDOTFHWA Mo lof U if Traffi Con 1 . nus n orm c tro Devices. Street pavement painting, striping, and reflective edging requirements shalt be waived. 12 UK 033 FAIR 1196 W C. Article XI, Section 10: The requirement to install monuments In a typical water valve cover shall be waived if all monuments are installed in accord with state standards and in a manner approved by the County Engineer. D. Article XI, Section 21: The requirement for blank utility casings shall be waived if all required utilities are installed prior to construction of the street base and pavement. 2.7. STREETS TO BE PRIVATE All platted streets within the project shall be the common property of the project landowners. e' 2.8. IMPACT FEES *7 The Cltygats Commerce Park project shall be subject to all impact i, tees applicable to it at the time of project approval. In the event future impact fees are adopted to assist with various public service facility financing, such fees shall be applicable to the Citygate Commerce Park project in accord with the terms of r 4 the ordinances which impose the fees. a b 13 ►w 0- Pt.t "97 A EIRE STATION SITE \` Citygate Commerce Park representatives shalt confer with appropriate Golden Cate Fire Control and Rescue District representatives regarding the need for an additional fire station site in the vicinity of the 1-75/CR 951 interchange. In the event that the Golden Cate Fire Control and Rescue District determines that a fire station site is appropriate on the Citygate property, the Citygate Commerce Park developer or successor(:) in title shall make the selected fire station site available, and shall contribute to its cost on a fair share basis. ;R 2AD,P.U.D. DOCUMENT COMPLIANCE Responsibility for compliance with the terms of this PUD document, the DRI Development Order and ail other applicable public regulatory requirements shall initially be that of the project developer or his successor(s) in title. Prior to the developer or his successor(s) in title being relieved of this responsibility, a project management entity shall be established and given responsibility for continuing maintenance of the project Infrastructure, lake, water management facilities, common open space, streets, etc. 14 �o 033P,.i" 08 -.___ I SECTION III PROJECT DEVELOPMENT RECULATIONS Jbit PURPOSE The purpose of this Section Is to set forth the development regulations applicable to the Citygate Commerce Park project. 1.2, USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, In whole or part, for other than qY the following: Principal Uses: x. WEST OF THE FLORIDA POWER 9 LICHT EASEMENT: I One gasoline service station or fuel dispensing facility 2. Hotels or motals Including Integral cocktail lounges 3. Retail sales and personal "les business" which are is 10k (WPAf-t' v99 Aw travelers and/or the Citygate Commerce Park market. Retail sales facilities shall not include shopping center type uses which would generate substantial trade from the residential neighborhoods in the vicinity. EAST OF THE FLORIDA POWER i LIGHT EASEMENT: 1. Light manufacturing and/or processing 2. Research, testing, product development 3. Service and repair businesses K. Showrooms and sales centers in association with permitted uses S. Storage and distribution uses 6. Publishing, reproduction, communications 7. Retail sales and personal service businesses which are designed and operated to primarily serve the Citygete Commerce Park market "Mar BOTH EAST AND WEST OF THE FLORIDA POWER i LIGHT EASEMENT: i. Restaurants, including fast food restaurants 2. Utilitarian, recreational, educational, and medical uses and services 3. Business and professional offices; financial institutions 4. Any other use which is determined by the Planning/ Zoning Director to be comparable and/or compatible with the the listed permitted uses. B. Accessory Uses: 1. Accessory uses and structures which are customarily associated with the permitted uses 2. Project sales and administrative offices and facilities 3. Signs as permitted by the Colller County Zoning Ordinance in effect at the time of application for the sign permit 17 sou 033 ►x,,t 101 t 4. Caretaker's residence subject to Section 3.40 of the Zoning Ordinance S. A perimeter security fence and/or wall, not to exceed i feet in height 6. Temporary sewage treatment facilities In the area so indicated on the project Master Development Pian. Such temporary facilities may serve the project until public or other county approved off site sewerage service is available. The temporary sewage treatment plant and all associated facilities shall be set back a minimum of SO feet from the boundaries of the tract which It occupies. 7. Material which is excavated during construction of the lake which exceeds in amount the material required for development of the project mc,, be runoved from the project. Approval from the County Engineer and the Planning/Zoning Director shall be required to assure no negative impacts on surrounding lands or on Impacted roads. Mitigation measures may be required If deemed appropriate and necessary by the County Engineer and/or Planning/Zoning Director. is "a = Fir 1102 i III West of F.P. t L. easement: front, side and rear yards: 25 feet unless adjoining parcels are jointly planned, in which case the adjoining side yard requirements may be waived or modified during the SDP approval process. East of F.P. t L. easement: Front yard- 50 feet Rear yard- 50 feet Side yard- 25 feet, unless adjoining parcels are jointly planned, In which case the adjoining side yard requirements may be waived or modified during the SDP approval process. to 033 F1,-! 103 19 t. DEVELOPMENT STANDARDS A. Minimum Parcel Size: West of F.P. S L. essement: 1 acre East of F.P. S L. easement: 2 acres B. Minimum Parcel Width: West of F.P. S L. easement: 150 feet East of F.P. S L. easement: 200 feet C. Minimum Yards: West of F.P. t L. easement: front, side and rear yards: 25 feet unless adjoining parcels are jointly planned, in which case the adjoining side yard requirements may be waived or modified during the SDP approval process. East of F.P. t L. easement: Front yard- 50 feet Rear yard- 50 feet Side yard- 25 feet, unless adjoining parcels are jointly planned, In which case the adjoining side yard requirements may be waived or modified during the SDP approval process. to 033 F1,-! 103 19 In those instances where multiple buildings are to occur on a single site, yard requirements shall pertain only to the site boundaries, not to separation between buildings. On site multiple building separation adequacy shall be determined during the SDP approval process. No more than 20% of required yards may be devoted to vehicular drives and parking spaces. 0. Minimum On Site Natural and/or installed Landscape Area: West of F.P. t L. easement: 201 of gross site area East of F. P. S L. easement: 30% of gross alto area The term "Landscape Area" is construed to include fountains, pools, ponds and other water festurea, walks, terraces, courtyards and other pedestrian spaces when such non -botanical features do not exceed 15% of the required area. E. Maximum Building Height: Hotels, motels and office buildings: S stories, except that such uses which are closer than 350 feet to the Colden Gate Canal may not exceed 3 stories. All other uses: 3 stories 20 im 033 F .i 104 Taller buildings may be authorized upon application. following advertised public hearings with due public notice by the Collier County Planning Commission and the Board of County Commissioners, a recommendation by the Collier County Planning Commission, and approval by the Board of County Commissioners. Prior to authorizing a taller building. determination shall be made by the County that the nature of the use to which the building is to be devoted warrants the additional height, that the taller building will not depreciate the intended character and quality of the overall Citygate project, and that it will not have negative Impacts upon surrounding properties or be detrimental to the public welfare. �. Minimum Principal Building Floor Area: 1,000 square feet (Casoiine service stations are exempt from this standard.) C. Merchandise Storage and Display: There shall be no outside storage or display of merchandise. H. Utilities: Electrical, telephone and television service lines shall be placed underground. Pad mounted transformers and other components of underground service systema which are normally located above ground shall be placed and screened so as not to be visible from a street right-of-way or an adjoining party. 1W Om Pl :i 105 i. Parking/loading: Offstrest parking and loading spaces shall be provided in accord with th* standards of the Cotner County toning Ordinance in effect at the time of building permit application. Parking and loading facilities shall be so arranged that backing into, or out of, a street right-of- way is unnecessary. J. Performance Standards: Noise, odor, vibration, glare (as differentiated from general illumination), snake and dust readily detectable by human senses at property boundary lines shall not exceed the background levels characteristic of retail commercial areas. In the event some or all of these performance characteristics ars regulated by applicable federal, state, and/or local law, such regulations shall control. Uses which generate special or hazardous waste shall not be established or permitted to operate unless definitive plans for dealing with the waste product have been approved by all agencies with Jurisdiction over the matter. Further, said uses shall be governed by all applicable federal, state, . and/or local laws as may be adopted or amended from time to time. The future performance characteristics of a given land use /�K 033 PA'4106 22 SIMMONS ... no are often not predictable with accuracy at the time of building permit Issuance. The above listed performance standards not only apply at the time tend uses are initiated, but are continuing performance obligations, unless overridden by applicable federal, state, and/or local law. K. Colden Cate Canal Buffer requirements: Development of sites which abut the Golden Cate Canal shall include installation of landscape and/or structural buffers which insure that residentially zoned properties on the north side of the canal are not subjected to inappropriate views. Buffers shall be shown on site development pians as required by Section 2.5.B. In evaluating the buffer component of site development plans, the Planning/Zoning Director shall determine adequacy of the planned buffer, taking into account the nature of the planned site utilization, the character of the planned structure(s), and the presence of natural vegetation which will be left in place and which will contribute to the buffering function. At a minimum, the buffer adjacent the Colden Cate Canal shall comply with the standards of Section 5.37 of the Zoning Ordinance. The tree and shrub species, sizes, and spacing shall be approved during the Site Development Plan approval process, and if deemed to be necessary by the Planning/Zoning Director, shall be more extensive than required by Section 2.37. 11M 03311"t 107 4141 PF, Z. 11� L. Wetland Preserve Setbacks: When all or a portion of a wetland preserve Is located on a building site. no building may be located closer then 20 feet and no pavement may be closer than 10 feet to the preserve boundary. Precise determination of the preserve boundary shall occur during the Site Development Plan review and approval process. Preserve areas shown on the Master Plan shall also be shown on the Subdivision Plat, along with a notation referencing the Citygate CCoermrce Park PUD. foal 033 Pirl.108 24 a Y �ew1. SECTION iV ENVIRONMENTAL REQUIREMENTS if• K.1. PURPOSE The purpose of this Section is to set forth the stipulations by the Environmental Advisory Council. The development of the project shall be subject to these stipulations: 4.2. DEVELOPER REQUIREMENTS A. The developer shall be subject to Ordinance 7S-21 (or the tree/ vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout Incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 1004 (133 PA%1 ipg 2s µKi) rvv" a,y ;;ter B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the reestablishment of native vegetation and habitat characteristics lost on the site during construction or due to past activities. ;y C. Ail exotic plants, as defined in the County Code, shalt be .' removed from development areas, open space areas, and � preserve areas during each phase of construction. Following site development, a continuing maintenance program shall be Implemented to prevent reinvasion of the site by such exotic species. The maintenance plan,which describes control l t techniques and inspection intervals shall be submitted to and approved b the Natural Resources Man PP Y agement Department and the Community Development Division. D. If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be Immediately stopped and the Natural Resources Management Department notified. tot 033#v -t HO �4 Y. E. Prior to development to surrounding areas, wetland preserve areas will be flagged by the petitioner. Watland boundaries will be subject to the review and approval of NRMD. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultsnt to assess the find and determine the proper course of action in regard to its salvagesbility. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as wy: to provide only a minimal interruption to construction $" activities. C. Petitioner shall design and implement a program to prevent and/or reduce populations of noxious/exotic plant populations within the lake(s), specifically, but not limited to, preventing growth of hydrills ( drills verticillats), water hyacinth (Elchhornis crasslo"I. and sou 033 P1,i ill 27 M E. Prior to development to surrounding areas, wetland preserve areas will be flagged by the petitioner. Watland boundaries will be subject to the review and approval of NRMD. F. To increase lake productivity and habitat values, lake side slopes will be 4:1 out to a depth of 34 from mean low water levels. Petitioner shall Investigate vegetating littoral shelf areas with various native plant species (upon request, NRMD can provide pertinent information concerning plant wy: S.wJ 'f speciesi. C. Petitioner shall design and implement a program to prevent and/or reduce populations of noxious/exotic plant populations within the lake(s), specifically, but not limited to, preventing growth of hydrills ( drills verticillats), water hyacinth (Elchhornis crasslo"I. and sou 033 P1,i ill 27 M #' I. Where applicable, due to development, components of plant communities will be transplanted within preserve areas and/ or as landscape elements within the project. Examples of plant spades appropriate for transplant would include sabal palms (Sabal palmetto), and butterfly orchids IEncyclia tampensis) . p, J. Due to the concern of the uselgenerstion of hazardous substances, all businesses proposed for the parcel must be subject to the review and approval of NRMD. a Y} IOIKM � �1 r ,10r x: 28 ito a lesser degree) cattails (7vphs istl 211a)t this program will be subject to the review and approval of NRMD. H. A survey for the presence and distribution of the protected ' w Red Cockaded Woodpecker Mcoidss borealis) must be conducted by qualified personnel subject to approval by NRMD. Results of the survey must be made available to NRMD. Management plans shall be submitted for review and approval to the U.S. Fish and Wildlife Service and the Florida Came and Fresh Water Fish Commission and NRMD. if necessary, the ,Y project design and PUD Master Development Plan shall be adjusted to insure the survival of the protected species. #' I. Where applicable, due to development, components of plant communities will be transplanted within preserve areas and/ or as landscape elements within the project. Examples of plant spades appropriate for transplant would include sabal palms (Sabal palmetto), and butterfly orchids IEncyclia tampensis) . p, J. Due to the concern of the uselgenerstion of hazardous substances, all businesses proposed for the parcel must be subject to the review and approval of NRMD. a Y} IOIKM � �1 r ,10r x: 28 R�- .t 3'. All 6A. PURPOSE SECTION V TRAFFIC AND ENCiNEER1NC REQUIREMENTS �1 y8 _' The purpose of this Section Is to set forth the traffic improvement requirements which the prosect developer must undertake as an integral part of the project development. d, 5.2. DEVELOPER REQUIREMENTS A. Access to this site from CR 9S1 may present design problems due to the limited distance between Golden Cate Canal and the limited access right-of-way for 1-75. Access drives onto CR 9Si shall be limited to the existing one which aligns with the water treatment plant access drive and one additional which may be located north of the existing access drive. B. The existing access road which extends southerly from CR 9S1 and than easterly parallel to 1-75 shall be reconstructed to a minimum four lane divided roadway from the CR 9S1 Intersection to the southwest corner of the Citygate property at such time as traffic volumes on the road link warrants the four laning. In the event that a significant toot 033Prt113 29 W M fraction of the traffic on the road link is not generated by the Cltygets project, the Citygate project shall pay a portion of the four laving cost which is equal to its traffic impact. C. The driveway to the water treatment plant shall be widened to a minimum of 24 feet if it is utilized as an access to the adjacent tracts. M b. The dose spacing of the CR 9S1/landfill access road intersection and the landfill access road/water plant entry drive Intersection will cause traffic control problems as traffic volumes through the two intersections increase. In order to avoid unnecessary aggravation of those problems by traffic movements into and out of the commercial sites which are closest to the intersections, special attention shall be given to the location of entry/exit drives when site development plan applications for sites abutting the water plant access drive and the landfill access road are being reviewed. It shall be understood that the number of access points will be limited in number. E. Appropriate left and right turn lanes shall be provided on CR 951 and the landfill access road at all project accesses. Street lighting shall be provided at major access points per County requirements. 10k 033 PASt 114 30 hr1 i. 4 PM9 17 M F. Traffic signals shall be installed at CR "I access points when deemed warranted by the County Engineer. The signals shall be owned, operated, and maintained by the County. The Citygate project shall pay a fair share portion of the signal installation costs. C. The above improvements are consisered "site related" as deflned by Ordinance SSSS and shall not be applied as credits toward any impact fees required by that ordinance. H. Detailed site drainage plans shall ba submitted to the County Engineer for review. No construction permits shell be issued unless and until approval of the proposed constructin in accordance with the submtUted plans Is granted by the County Engineer. I. An excavation Permit will be required for the proposed lake In accordance with Collier County Ordinance No. 90-26, as amended by Ordinance No. 63-3, and as may be amended in the future. 600K 033 ►, :i 115 31 1 SECTION VI UTILITIES REQUIREMENTS 6. i . PURPOSE The purpose of this Section is to set forth the potable water, irrigation water, and sewer utilities requirements which the project developer is committed to meet. 6.2. DEVELOPER REQUIREMENTS A. Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and regulations in affect at the time of conveyance. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer 033Pirt 116 32 141 Y,�y.� facilities within the project, the facilities will be tested to insure they most Collier County's utility construction requirements In effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, county owned or privately owned. into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations to effect at the time conveyance is requested. B. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to comnwncement of construction. C. All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be In a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project s4 until the County's off-site water and/or sewer facilities are available to serve the project. D. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County systwn not be In a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install end operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. E. An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: 1. The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal UK � P11! 1187 f W M M standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site water facilities and/or off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facility(les) may not be expanded to provide water and/or sewer service outside the development boundary approved by the County without the written consent of the County. 2. Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable,in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. 3. Connection to the County's off-site water and/or sewer facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of 600rf OW Pl'l �9 rq connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of existing sewago pumping facilities or construction of new master sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s), etc. 4. At the time County off-site water and/or sewer facilities are available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: a. All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits required to make connection with the County's off-site water and/or sewer facilities; or, b. All water and sower facilities required to connect with the project to the County's off-site water and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private 1JV I JzU M Lp� property and not required by the County to be located within utility easements, including but not limited to the following: t. Main sewage lift station and force main Interconnecting with the County sewer facilities Including all utility easements necessary: 2. Prater distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including all utility essements necessary. S. The customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when County off- site water and/or sewer facilities an available to serve the project and such connection is made. Prior to connection of the project to the County's off-site water and/or sewer facilities the Developer, his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer toot 033 Pf ,t 121 31 shall also provide to Count with ■detailed Inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. 6 All confrco plans sd technical specification* related to connections tothe County's off-site water end/or ,ewer facilities will be submitted to the Utilities Division for review and approval prior t commencement of construction. t The Developer, his assigns or successors agree to pay all system development charges at tho time that Building Perth are required, pursuant to appropriate County Ordinances and Regusos In effect atthe time ofPermit request. This requirement shall be made known to all prospective buyers o proles for which building permits will be required prior to the start of building construction. \ a The County will | ae s to the Dwt oW for operation /and maintenance the water distribution and/or image collection and transmission system for the sum of ;0.Opar year, when such system inot connected to \the off-site watersd/o sewer facilities owned and ^� d < UK 033piIi22 .� . 3■ </ \Z � operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. F. Data required under County Ordinance No. 80-112 showing the availability of sewage service, must be submitted and approved by the Utllitiea Division prior to approval of the construction documents for the project. Submit a copy. of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. C. If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. IM W3 W1 39 H. Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance with all Utilities Division Standards, Policies, Ordinances. Practices, etc. in effect at the time construction approval Is requested. I. Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The reports shall list all design assumptions, demand rates and other factors pertinent to the system under the consideration. J. When the County has the ability to provide sewage treatment and disposal services, the Developer, his assigns or successors will be responsible to connect to these facilities at a point to be established by the County, with the Developer assuming all costs for the connection work to be performed. K. The County has not yet determined whether the Citygets project will be designated as a treated sewage effluent receiving area. Prior to preparation of definitive central SIR 033 W1124 40 LEI ;4, M irrigation plans for the Citygate project. appropriate input shail be obtained from the county to insure that applicable county effluent use plans are complied with. if and when the county designates the Citygate project as a treated sewage effluent receiving area. the Citygate Developer, his assigns or successors, shall construct the necessary facilities for use of the treated sewage effluent for irrigation purposes and potentially for fire flow purposes. The Citygate developer may be assigned responsibility for providing all required piping and pumping facilities from the County's point of delivery to the project, and may be required to provide wet weather storage facilities, as required by DER, consistent with the volume of treated effluent to be utilized. The treated effluent distribution system, if required, shall be constructed pursuant to the findings of o detailed, county approved hydraulic design report. The report shall list all design assumptions, demand rates, and other factors pertinent to the distribution system. Treated effluent supplied to the project will be subject to the county's established rate schedule. L. Prior to approval of construction documents by the Utilities Division, the Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public IM Lk#V 125 41 11" lz5 . 3t:;. Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project, if an Interim treatment facility is required, until the County an provide these services through its water and sewer facilities. M. No septic tanks are permitted to serve permanent commercial, industrial. or similar uses. Temporary septic tanks which serve temporary sates facilities or other temporary uses prior to the availability of central sewage treatment facilities may be utilized in accord with F.D.E.R. standards. N. Any establishment requiring a CCPHU permit must submit pians for review and approval. O. If a vegetative barrier is placed around the package treatment plant and/or land disposal area, the ESPCD recommends that It be located in a manner so It does not affect the proper operation of the treatment process. P. The ESPCD recommends that the petitioner locate the land application site away from any drainage ditch and/or swale that may affect the proper' -,i operation of the land disposal site. IMIFY.. bw =--_m m #2 a I SECTION VI1 RED COCKADED WOODPECKER MANAGEMENT PLAN The Red Cockaded Woodpecker IRCW1,icj' lodes Borealis. is a protected species of pine forest dwelling wildlife. During planning of the Citygate project, several Red Cockaded Woodpecker nest trees were Identified on the site, and determination was made that a number of Red Cockaded Woodpeckers utilize some of the nest trees and forage on the pine forested portions of the Citygate site, as well as on adjoining off site pine forested lands. A Red Cockaded Woodpecker Management Plan was prepared, incorporated in, and approved as part of the Development of Regional Impact application. The elements of the plan have been incorporated in the Citygate Master Development Plan and this PUD document. The central feature of the Management Plan is an agreement to defer development of a 72+ acre area which embraces the nest trees, a buffer of pine forest around the nest trees, and a corridor of pine forest which connects the nest trees to each other and to existing off-site pine forested lands on which the birds now forage, so long as the birds continue their existing nesting pattern. The 72+ acre interim preserve area is indicated un the Master Development Plan, as are the nest tree locations and M foot diameter circles around each nest tree. After planning of the Citygate project was initiated, a forest fire severely burned a large portion of the iw OM PA,.t 127 6 Citygats site, Including approximately half of the interim preserve was. Many of the pines in the burned area have died, and the Florida Forest Service advises that pine death will continue for several years. The long term impact of the forest fire on utilization of the was by Red Cockaded Woodpeckers cannot be forecast with accuracy, but annual monitoring of the birds will provide the needed information. The following management/monitoring activities are an Integral part of the Red Cockaded Woodpecker Management Plan and of this PUD document: 1. Prior to issuance of construction approval for the streets, drainage facilities, utilities, etc. in a project development phase, a Red Cackaded Woodpecker survey utilizing approved methodology will be conducted to Insure that the birds have not established nest cavities in the planned construction area. The survey shall occur within 60 days of the start of construction, and if it is determined that Red Cockaded Woodpecker nest cavities have been established In the construction area, determination shall be made by the agencies responsible for Red Cockaded Woodpecker protection laws as to the necessity of modifying the Red Cockaded Woodpecker Management Plan. 2. Annual Red Cockaded Wuodpecker surveys utilizing approved methodology will be undertaken until five years after final "U MPaAM- 44 M M M buildout of the Citygate project, with results of the annual surveys to be furnished to the Florida Came and Fresh Water Fish Commission, the Southwest Florida Regional Planning Council, and Collier County within 30 days of survey completion. 3. Melaleucs and other exotic vegetation within the Red Cockaded Woodpecker preserve area and elsewhere on the Cltygate site will be eradicated, thus significantly enhancing the quality of RCW forage area on site. •. Excessive undergrowth will be controlled by burning and/or by use of mechanical equipment. S. Pine trees having a DBH of a inches or more, located outside the RCW preserve but within the required yard and buffer areas in the remainder of the site, wilt be conserved to provide additional RCW forage areas. 6. Lands within the RCW preserve area may be utilized for limited recreational purposes such as walkways, jogging trails, picnic facilities, etc., so long as disturbance to native vegetation is minimal and the recreational activities avoid the RCW nest trees. INK FA:t 4 90 AAAS 45 7. Underground utilities and surface drainage swales may cross the RCW preserve area. '. The preserve area will be posted with signs which indicate that it is an RCW preserve and that disturbance of the birds Is prohibited and unlawful. 9. Proposals to modify the Citygate Red Cockaded Woodpecker Managment Plan may be submitted at any time. Such proposals shall be supported by a current survey of on-site Red Cockaded Woodpecker nesting and foraging patterns, and such additional Information as is required to evaluate the proposed Management Plan modification. The rationale for authorizing lands to be removed from the RCW preserve area may Include abandonment of the nest trees by the birds and/or a change in the character of the pine forest forage area, resulting in a loss of the habitat characteristics required by the RCW. Proposals to modify the M.nagement Pian shall be submitted to Collier County as an amendment to the Citygeta PUD, with copies to the Southwest Florida Regional Planning Council and Florida Came and Fresh Water Fish Commission. The Southwest Florida Regional Planning Council and/or the Florida Game and Fresh Water Fish Commission may provide comments and recommendations to Collier County regarding the proposed Management Plan modification. �oor< O2c3 P1�,1130 y;' •3rd. M M M The Planning/Zoning Director shall prepare a recomrmendation regarding the proposed Management Pian modification; an advertised public hearing shall be held by the Board of County Commissioners; and upon a finding of suitability the Board of County Commissioners may, by a majority vote. authorize the requested Management Plan modification. The Florida Game and Fresh Water Fish Commission has recommended to the Southwest Florida Regional Planning Council that a regional plan be developed which will result In the public acquisition of geographically suitable wildlife habitat whch is comparable in amount and character to wildlife habitat which is lost to the process of urbanization within the region. Commission wildlife biologists have stated that approximately 233 acres of the 237 acre Citygate site have the characteristics of Red Cockaded Woodpecker habitat. The Commission wildlife biologists have stated their expectatia.i that, upon development of the Citygate site and surrounding lands, the existing Red Cockaded Woodpecker population will abandon the area, in spite of the establishment of the Citygate Red Cockaded Woodpecker preserve area and associated Red Cockaded Woodpecker management commitments. In the event a regional wildlife habitat acquisition plan is adopted, the purpose of which is to mitigate wildlife habitat loss to urban development In the region, the Citygate project shall 47 sm 033 Pi .4131 be subject to such impact fees or other implementation measures as are lawfully enacted for the purpose of Implementing the regional pian. on .033 ry :,132 48 =M IM t AO*SMVtt. WL ♦MO hYgM. IMAM OOOMmTOOk IWIL 804Th • A"OOMTM WL am% 9M tM None" t Attetu M WL 8TO40lso" ttM4ttM OMK OMIOO t /OOOOMTSL OM. TOYht tMAttFA PIN soot 033 Pi.t 133 r m d = n � A r � N A n ��J m N O m r o PIN soot 033 Pi.t 133 n •• w v N N .7 r G :r • C ,y, O � � at OG atI Wsl Y sm 033 ►► 134 4Y� Y 4Y� Y S S • yy yMa[ w Ar N • If 0 A n M fH f�V► n nl 1 11 w i {P ` Y J e •��[ V V Y V • � V Yg „i •�u_1 wjj .3f '.''''. � ^ dl •1N�1 N O O MI N Ifl Af n ► � .• •• n + N n n fm Ar 03 n •• w v N N .7 r G :r • C ,y, O � � at OG atI Wsl Y sm 033 ►► 134 4Y� Y 4Y� Y S S • yy yMa[ w Ar N • If 0 A n M fH f�V► n nl 1 11 w n •• w v N N .7 r G :r • C ,y, O � � at OG atI Wsl Y sm 033 ►► 134 »b, 1 fV� N N N) 10 w A r A • �� 1 1 1 y>r N 4 »b, 1 fV� N N N) 10 114 did il m • Ej I r IN w 9! 8 sou 033 Pi .t 135 w A r A y>r 114 did il m • Ej I r IN w 9! 8 sou 033 Pi .t 135 c3i These sales and services will primarily serve interstate highway travelers and employees or businesses within the project, as opposed to functioning as a neighborhood shopping center. (4) The office category is limited to offices which are principal uses, and does not include offices which are ancillary, to and incorporated in other land uses, i.e. administrative offices within a light manufacturing or research and development firm. Most of the offices will have extensive interaction with businesses external to the project, but some will primarily function as servants of other land uses within the project. (S) Parking space and employee estimates were largely based on ITE standards and averages cited by Urban Land Institute publications. When definitive published parking and/or employee standards for a specific land use were not available, the estimates were based on published standards for the most similar uses. The estimated employees include those who normally spend all or most of the work day within the project, i.e. office workers, sales personnel, industrial workers; employees rho shuttle to and from their place of employment during the work day, i.e. delivery truck crews; and employees who seldom visit the project, i.e. manufacturer's field representatives. It is anticipated that many of the uses within the project will be served by common parking pools which Increase the efficiency of parking space utilization. The employees estimated for service station, hotellmotel. restaurant/ lounge, and perhaps other uses will be spread over two and, In some cases. three shifts within a 24 hour period. 1004 033 Pi,I 136 PIP DEVELOpmm ORDER 88• 2 RESOLUTION 88-1109 DEVELOPMENT ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR CITYGATE COMMERCE PARR PLANNED UNIT DEVELOPMENT LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: WHEREAS, Vines and Associates, Agent, for Citizen's i Southern Trust Company (Florida), National Association as Trustee for Land Trust #5360 Applicant, filed on April 15, 1987 with the county of Collier an Application for Development Approval (ADA) of a Development of Regional Impact (DRI) known as, Citygate Commerce Park Planned Unit Development in accordance with section 380.06(6), Florida Statutes; and WHEREAS, Vines and Associates have obtained all necessary approvals and conditional approvals from the various Collier County agencies, departments, and boards required as a condition to Planned Unit Development (PUD) zoning and DRI approval; and WHEREAS, the Board of County Ccusissioners as the governing body of the unincorporated area of Collier County having jurisdiction pursuant to Chapter 380.06 Florida Statutes, is authorized and empowered to consider Applications for Development Approval (ADA) for Developments of Regional Impact; WHEREAS, the public notice requirements of Chapter 380 ' Florida Statutes and the Collier County Zoning ordinance have V. yt been satisfied; and WHEREAS, the Collier County Planning Commission has a reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the ADA on November 3, 1988, and WHEREAS, the Board of County Commissioners has passed � `ordinance 88-_U_ which rezoned the subject property to PUD1 and soy W3px.T 137 WHEREAS, Citygate Commerce Park ADA is also part of an -all rezoning application by the developert and the issuance i development order pursuant to Chapter 380.06, glory 11W, does not constitute a waiver of any powers or rights rding the issuance of other development permits by the ity or States and WHEREAS, on December 13, 1988 the Board of County tissioners, at an open public hearing in accordance with :ion 380.06, Florida Statutes, considered the application for ilopment of Regional Impact submitted by Vines and miates, Agents the report and recommendations of the :hwest Florida Regional Planning Council (SWFRPC); the :ified record of the documentary and oral evidence presented :he Collier County Planning Commission; the report and nmendations of the Collier County Planning Commission; the commendations of Collier County Staff and Advisory Boards; and comments upon the record made before this Board of County ■issioners at said meeting, hereby makes the following lings of Facts and Conclusions of Law: FINDINGS OF FACT 1. The real property which is the subject of the ADA is legally described as set forth in the Planned Unit Development Document for Citygate Commerce Park attached hereto as Exhibit "A" and by reference made a part hereof. 2. The application is in accordance with Section 380.06(6), Florida Statutes. 3. The applicant submitted to the County an ADA and sufficiency responses known as composite Exhibit B, and by reference sade a part hereof, to the extent that they are not inconsistent with the terms and conditions of this Order. toot 033 PAST D'o —2— 1. The applicant proposes the development of Citygate Commerce Park Planned Unit Development for 287.187 acres which includes: 90,000 square feet of commercial, 836,000 square feet of office, 1,920,000 square feet of Industrial, 250 hotel/motel rooms, and 80,000 square feet of public, utilitarian, recreational and educational space. S. The Development is consistent with the report and recommendations of the SWFRPC submitted pursuant to Subsection 380.06 (12), Florida Statutes, 6. The development will not unreasonably interfere with the achievement of the objectives of the adopted State Comprehensive Plan applicable to the area. 7. A comprehensive review of the impact generated by the development has been conducted by the appropriate County departments and agencies and by the SWFRPC. 8. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.05, Florida Statutes. as amended. 9. The development is consistent with the land development regulations of Collier County. 10. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PIAN: The project is located within the designated Urban Area by the 1983, Collier County Comprehensive Plan. The 231 acres east of the Florida Power i Light (FPiL) easement has been amended (Ordinance 88- 93) to an Industrial Land Use Designation. The area west of the FPiL easement (37 acres) is designated as Interchange Commercial. CONCLUSIONS OF LAW NOW, THEREFORE, B8 IT RESOLVED by the Board of County Commissioners of Collier County, Florida, in public meeting, duly constituted and assembled December 13, 1988, that the Cityqate Commerce Park Application for Development Approval submitted by Vines and Associates, Agent, is hereby ordered -3- 'ae' Y "ry Approved subject to the following conditions as recommended by the SWFRPC or in response to their recommendation and the cosaitments specified in the PUD which are hereby adopted as conditions of approval of this Development Order: The control elevation for the overall surface water management system shall be based on the historical average wet season water table of this site. Each stage of the two-stage surface water management system shall c)mply with the South Florida water Management District's "Basis of Review". For those uses that produce hazardous materials, the applicant shall prepare and submit a Hazardous Materials Management Plan to Collier County, Florida Department of Environmental Regulation (FDER), South Florida Plater Management District (SFWMD), and Collier County Division of Emergency Management for review and approval, prior to any certificates of occupancy being issued. The applicant shall coordinate with Collier County, FDER and the SFWMD in the development of a surface water monitoring maintenance and sampling program to help ensure achievement of state water quality standards, as specified in Chapter 17-3, F.A.C. All commitments made by the applicant within the ADA and subsequent sufficiency documents, not in conflict with the above recommendations, shall be incorporated as conditions for approval. The proposed project will be an all electric project and will increase the energy demand in the Region. The applicant has committed in the ADA to variety of conservation measures to help reduce the energy impact of the project. These measures shall be adhered to by the applicant. The applicant or his successor shall be fully responsible for sits -related roadway and intersection improvements required within the Citygate Commerce Park DRI. The applicant shall be required to pay the C'T) full cost for any site -related intersection w� improvements (including but not limited to signalization, turn lanes, and additional through lanes) found to be necessary by Collier County for thr� project's access intersections onto CR -951 and ^"J Landfill Road throughout all phases of the development. Collier County and the applicant, shall limit the number of access roads from Citygate to CR -951 in order to preserve capacity on CR -951, a regional roadway. Adequate commitments shall be provided by the applicant for the necessary transportation improvements, including design and engineering, utility relocation, right-of-way acquisition, construction, construction contract administration, and construction inspection necessary to maintain peak season/peak hour LOS "D" for the following significantly impacted regional roadways through project buildout in 2003t CR -951 (Isles of Caori Road1 - Vanderbilt Beach Road to Golden Gate Boulevard - Citygate North Entrance to I-75 - I-75 to Davis Boulevard - Davis Boulevard to CR -864 (Rattlesnake hammock Road) CR -846 (Immokalee Road) - Airport -Pulling Road to I-75 CR -896 (Pine Ridge Road1 - Airport -Pulling Road to 1-75 SR -84 tDavis Soulevardl - Airport -Pulling Road to County Barn Road - Radio Road to CR -951 C. Adequate commitments shall be provided by the applicant for the necessary improvements, including but not limited to, right-of-way, cost of signalization, turn lanes, and other improvements deemed necessary by Collier County or the Florida Department of Transportation (FDOT), as appropriate, to maintain level of service "D" on a peak season/peak hour basis for the following significantly impacted off-site regional intersections through project buildout: CR -951 at SR -84 (Davis Boulevard) CR -951 at Golden Gate Parkway CR -951 at I-75 ramps CR -951 at Rattlesnake Hammock Road CR -951 at Landfill Road (also a site entrance) SR -84 at Airport -Pulling Road SR -84 at Radio Road d. The timing for the initiation of the improvements outlined in recommendations "b" and "c" above shall be made at the time that a road segment is found to exceed LOS "D" on a peak season/peak hour basis, or a road intersection is found to exceed a peak hour level of service "D". Service level determination shall be made by Collier County or FDOT, as appropriate. To determine the existing levels of service on regional facilities and the need for improvements in a timely manner, the applicant shall submit an annual monitoring report to Collier County, Naples Area (Collier County) Metropolitan Planning Organization (MPO), the Collier County Transportation Department, FDOT, and the Southwest Florida Regional Planning Council for review. The first monitoring report shall be submitted one year after the issuance of the development order for Citygate DRI. Reports shall be submitted annually until buildout of the project, and at a minimum, shall contain turning movements and traffic counts taken at the access points to the project, turning movements at each of the regional loot 033 PA1,114i -s- '*: . intersections listed above in recommendation "c", and a calculation of the existing level of service at these intersections and on the road segments indicated above in item "b". The levels of service shall be calculated according to current professional standards and should provide an indication of when peak hour/peak season LOS D is expected on impacted roadways and/or peak hour LOS "D" on impacted intersections. It will provide updated information to more accurately forecast project buildout traffic and total traffic for determination of proportional share. During each Phase, prior to the approval of any land use proposed in any subsequent future Phase, the applicant shall submit for County, Regional, and MOT review, an evaluation of the transportation level of service conditions in the area and the anticipated impacts of each phase of Citygate. If this evaluation indicates that the assumptions on which the Development order was based are being exceeded and that a substantial deviation had occurred or will occur during any Phase a full assessment of ORI Qtiiestion 31 will be required. Based on the staff transportation assessment of significant project impacts, construction of the following transportation improvements shall be needed prior to, or coincident with, development of Citygate Commerce Park DRI (1988-2003) if peak season/peak hour IAS "D" conditions are to be maintained on regional road segments with peak hour level of service "D" in regional intersections. Regional Roadways and local roadways (including intersection/interchange improvements) -bdvis Blvd. to CR -864 (Rattlesnake Hammock Road) Widen to four lanes with a median (segment is programmed for widening in FY 1993-94) phase 22 (1991-19941 Ito additional improvements are indicated. i1-75 to Davis Boulevard a"J t-fl4 (Davis Blvd.1 xllirport-Pulling Road to County Barn Road `'A'Aadio Road to CR -951 Widen to six lanes with a median Widen to four lanes with a median Widen to four lanes with a median soot UJJ vAs� 142 -6- M r., . 0e additional improvements are indicated. ;�4a'nderbilt Beach Rd. to ; Golden Gate Boulevard t-�Adtvaats North Entrance to I-75 r.bavis Blvd. to CR -864 (Rattlesnake Hammock Road) Cit -846 (Immokalee goad) `aMrport-Pullinq Rd. to I-75 ?' A6-996 (Pine Ridge Road) &AIlpwrt-Pullinq Road to I-75 M Widen to four lanes with a median Widen to six lanes with a median Widen to six lanes with a median Widen to six lanes with a median Widen to six lanes with a median Barn Road to CR -951 Widen to tour lanes with a median The listing above assumes that improvements required in an earlier phase are provided in that phase. The FDOT shall be involved in reviewing improvement designs and the identification of appropriate costs for improvements on the State Highway System to be used in calculating the applicant's proportionate share. These costs shall include all aspects of required improvements including design, utility relocation, drainage, construction and other related costs. Prior to building construction south of the planned east/west road abutting the County water treatment plant and west of the Florida Powor i Light transmission line easement, or no later than 6 months from the date of approval of this Development order; FDOT shall be consulted in order that a determination can be made of the necessity to reserve I-75 interchange enlargement area for right-of-way acquisition by utilization of Chapter 337, Florida Statutes. An to each phase of development and prior to commencement of each phase of development either of the following conditions shall provide adequate w OM ?w 143 comaitments for improvements indicated above to significantly impacted regional and local roadways intersectionss and If annual monitoring reports confirm that traffic volumes on the road segments or intersections above exceed LOS "D" peak season/peak hour and the project is utilizing more than 51 of the respective level of service capacity, then building permits for any future phase shall not be granted until funding of the needed improvements for that phase is committed and construction has commenced. Building permits for the current phase shall be granted provided the level of service of the road segments and intersections above does not exceed LOS ES or The transportation impacts to the roads and intersections above shall be appropriately addressed consistent with Southwest Florida Regional Planning Council policies and with the minimum mitigative measures proposed by the Florida Department of Community Affairs in Rule 9J-2.0255, Florida Administrative Code Transportation Policy. The Regional Planning Council shall be consulted during the calculation of proportional share and/or pipelining of regional road improvements pursuant to the DCA rule. In the DCA rule formula, "trips existing" shall be defined to mean all non -DRI trips on the roadway (or intersection) existing at the same time as the DRI trips in the proportionate share calculation. The resultant DCA proportionate share formula shall be applied to the total costs of necessary roadway and intersection improvements. Golden Polypody Ferns and Butterfly Orchids shall be relocated to appropriate protected areas on-site. The 2.47 acres of wetlands preserve shown on the approved Master Development Plan shall be preserved. Prior to issuance of construction permits for an approved development phase of the Citygate project, a Red Cockaded Woodpecker (RCW) survey utilizing previously approved methodology will be conducted to insure that RCWs have not established nest cavities in the development area. The survey shall occur within 60 days of the start of construction, and if it is determined that RCN nest cavities have been established in the construction area, determination shall be made by the agencies responsible for RCN protection laws as to the necessity of modifying the RCW Management Plan. Annual RCN surveys, utilizing the previously approved methodology, will be undertaken until 5 year after final build -out of the Citygate project, with results of the annual RCN surveys to be reported to Came and Fish Commission (GFC), U.S. Fish Wildlife Service (USFNS), sWrRPc, and Collier County within 70 days of survey completion. sm 033 Past H4 Proposals to modify the Citygate RCN Management Plan may be submitted at any time. such proposals shall be supported by a current survey of on-site RCW nesting and foraging patterns, and such additional information as is required to evaluate the proposed Management Plan modification. Upon determination that the on site colonies in any area sought to be removed from RCN Preserve Area have been abandoned, and any required off site mitigation is being provided, appropriate modification to the RCN Management Plan shall be approved. Melaleuca and other exotic vegetation within the RCN preserve area and elsewhere on the Citygate site will be eradicated, thus significantly enhancing the quality of RCW forage area on site. Excessive undergrowth will be controlled by burning and/or by use of mechanical equipment. Pine trees having a Diameter Breast Height (DOH) of S" or more, located outside theRCWpreserve but within the required yard and buffer areas in the remainder of the site, will be conserved to provide additional RCN forage areas. East of the FPLL easement in the vicinity of the RCN preserve area as identified on the Master Plan the minimum parcel sizes are to be 2 acres: minimum yards are front 50' rear 50' side 250: not more than 20* of these required yards may be devoted to vehicular drives and parking spaces: at least 10% of each development site must be devoted to natural and/or installed landscape areas. Lands within the RCN preserve area may be utilized for limited recreational purposes such as walkways, jogging trails, picnic facilities, etc., so long as disturbance to native vegetation is minimal and the recreational activities avoid the RCN nest trees. Underground utilities and surface drainage swales may cross the RCN preserve area. The preserve area shall be posted with signs which indicate that it is an RCN preserve and that disturbance of the birds is prohibited and unlawful. When a regional mitigation plan is approved and implemented the applicant's plan shall be subject to the provisions thereof. All other commitments made by the Applicant either in the Citygate ADA or sufficiency documents, not in conflict with the above recommendations, shall be incorporated as conditions for development order approval. ►m 033 Past 145 _o- M M No commercial, Service R i D and/or Industrial development shall be allowed until a package treatment plant or central processing plant is on line to serve the project. The applicant shall provide assurance that any hazardous wastewater will be segregated from everyday wastewater. If percolation ponds are used, they must fully comply with FDER Standards. ERE PROTECTIONS Fire sprinklers shall be included throughout the project as required by applicable fire codes. The project shall participate in lawfully adopted, generally applicable fair share requirements to fund fire control district facility, equipment and personnel needs in order to mitigate project impacts. The applicant shall meet with appropriate fire district representatives during site plan review in order to incorporate any required features into the overall project design. OLID WASTE, The applicant and subsequent tenants of the project shall investigate methods of reducing solid waste volume. The applicant and subsequent tenants shall identify the proper on-site handling and temporary storage procedures for any hazardous waste that may be generated on-site, in accordance with local, regional, state and federal hazardous waste programs. kTER SUPPLY: The applicant shall consider the utilization of "xeriscape" in the final landscape design for this project. This design application should help to further reduce irrigation requirements for this DRI. Nater conservation measures and practices shall be utilized in the Citygate Commerce Park project. At a minimum, water conservation devices described in the Nater Conservation Act (Chapter 551.14 flora Statutes) must be used, landscape irrigation shall be restricted to the hours of 5 p.m. to 9 a.m., and non -potable water sources should be utilized for irrigation where possible. w 0-M_ _ PA,,t 146 r;at The development shall satisfy the requirements of any ordinance, which also requires other developments not subject to Chapter 380.06, Florida Statutes procedures to participate, to contribute its proportionate share needed to accommodate the impacts of the development; or Pursuant to chapter 380.06(16), Florida Statutes, the applicant may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the developer is also subject by local ordinance to impact fees or exactions to meet the same needs. The local government and the developer may enter into a capital contribution front -ending agreement to reimburse the developer for voluntary contributions in excess of his fair share. 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 - 1994, Phase II - 1997, Phase III - 2000, Phase IV - 2003, Phase V - 2006, 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 as indicated to the extent or in accordance with the timing schedules specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. 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. BE IT FURTHER RESOLVED, by the board,of County Commissioners of Collier County that: All commitments and impact mitigating actions provided by the applicant in the Application for Development Approval and supplemental documents and the Application for Public Hearing for rezoning and supplemental documents that are not in conflict with conditions or stipulations specifically enumerated above are hereby adopted by this Development order by reference. The Development Services Director shall be the local official responsible for assuring compliance with the Development Order. m 033 PiSi 147 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 five (5) 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. 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 seven (7) 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 five (5) years as provided in Section 3 hereof. The applicant or its successors) in title to the subject property shall submit a report annually, commencing one year from the effective date of this development order, to the Board of County Commissioners of Collier County, the Southwest Florida Regional Planning Council, and the Department of Community affairs. This report shall contain the information required in Section 9J-2.025(6), Florida Administrative Code. Failure to submit the annual report shall be governed by Subsection 380.06 (18)0 Florida Statutes. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County Commissioners of Collier County, after due notice and hearing, that one or more of the following is present: a. A substantial deviation from the terms or conditions of this development order, a substantial deviation to the project development phasing schedule, or substantial deviation from the approved development plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which were not evaluated in the review by the Southwest Florida Regional Planning Councils or b. An expiration of the period of effectiveness of this development order as provided herein. w 033PA•E148 Upon a finding that either of the above is presented, the Board of county commissioners of Collier county shall order a termination of all development activity until such time as a new DRI Application for Development Approval has been submitted, reviewed and approved in accordance with Section 380.06, Florida Statutes. 7. The approval granted by this Development Order is limited. Such approval shall not be construed to k obviate the duty of the applicant to comply with all other applicable local, state or federal permitting procedures. 8. The definitions contained within Chapter 380.06, Florida Statutes, shall control the interpretation and construction of any terms of this Development Order. 9. This Order shall be binding upon the Developer, its assignees or successors in interest. 10. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created or designated or successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. t 11. In the event that any portion or section of this Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner effect the remaining portions of this order which shall remain in full force and effect. 12. This resolution shall become effective as provided by Law. 13. Certified copies of this order are to be sent immediately to the Department of Community Affairs, and Southwest Florida Regional Planninq Council. DULY PASSED AND ADOPTED this 13th day of December , 1988.. DATE: December 13, 1938 BOARD OF COUNTY COMMISSIONERS COLLIE& COUNTY, F IDA h 3 .. D.r , BY: t 1!Y! ' Deputy Clerk TC. „ CLERK >�PpROVED•AS ft 1okm AND LEGAL SUFFICIENCY K A"ISTANT COUNTY ATTORNEY CITYGATH RESOLUTION 1NK =?ail i49 ads u, 14 . yY -13- M M IL ,,ItAT% or FLORIDA Coitmv Or COLLIER JAMES C. GILES, Clerk of Courts In and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. $8-93 and Development Order 88-2/Ro*olution 88-300 which was adopted by the board of County Commissioner* an the 13th day of December, 1080. during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of December. 1988. jkmzs C. GILES Clark of Courts and Clark Ex -officio to Board of County Commissl nor* I "'I ne" By: Maureen onyon i v, Deputy Clark 0jin 033?Ai IOU fy HOTICE OF PUBLIC HEARIHG NOTICE OF INTEHTTO COHSIDER AH ORDINANCE Meeting Room, Third Floor, eollier Government Center, }}S$ East Tamiami Trail, Na- pler FL", the Board of County Commksioners (BCO will con" rid*r th€ enartment of a Counfl Ordinante. The meet' ino Yfill commence at 9:-00 A.*t. The title of the proposed i* *r followr: AH *RDINANCE OF THE BSAED OF COUNTY COMMIS. $A$ERs OF COLLIER CQUNTY. Fl*q}AA AMENDING ORDI. f*sll{E Ho. 88-93, THE CITYS*?E COMMERCE PARK F}.&TrIF*ED UNIT DEVELSP. MEHI AS AMENDED. T* &trS THE 5PORTS COMPLEX EXTES5ION TO THE PUD ANS.XEViSE THE LEGAL DESCRIF- TI*N; EY AMENDING ORDI- FTA*{CF NUMBER ?004.4I. TFI* {*LIIER COUNTY I.AND DT' VELSFMENT CQDE, SY Afi*Ef'*$lNG THE AFPROPR:- ATg EONIruG ATLAS MAP G*M*Fs BY CHANGING THI IGf{tFtG ILAS5IFICATION CTAH ADDffiONAL 128.05* A{REs OF LAND ZOruE* EURAL AGRI(ULTURAL (A} T*TXI {Ifi GATE COMMEBCE FARK PUD; TO UPDATE THE MASTER DEVELOPMENT PLA}.I IN{LUDING THE ADDITION SF THI (OUNTY 5PQRTS COM. FLEX rXTENSloN; TO ALLOW *StrIT*ONAL HOTEL AND MG" TEL UHITS; To IN(REASE THi BUILDOUT TRAFFIC; TO PR*- VIDE DEVIATIOHS FOR PR€" SERVE$. LANDSCAPE BUFFERS.*$!D PARKING AREAS; TSAS* PERMITTED EsSENTIAI 'F*V}{Ts AND ADD DEVEI-- SPM*NT STANDARDS FOR YHT sFORTs COMPLEX EXTEN- SISN; TO AMEND EXHIBTT A-3 PIXMITTED U5E5.5IC (ODTS TS ADD U5E5; TO AMEND EX- HtSlT A-4 CROSs SECTION5- T\iQATH BUFFER, AND EXHIBIT&.6 REQUIRED YARD PL,AN;&H} FROVIDING FOR CON. FLICT AND IEVERABILITY; ANS FROVIDING AN EFFEC- TIVE *ATE. THE SUBJTC? FR*FTRTY CONSISTINC ST il19.60* ACRES lS LOCATEtr AT THE NORTHEAST QUAB- RANT OF THE INTERSECTIO}I OF I-75 .AND COLLIER BOUL{. VARD (CR gst) lN sECTIONS 35 AND 35, TOWNSHIP 49 $G*rH. RAt*Sr 16 [AST, lN {*LLlg& e*ufqrY, FLs'RlB*.. Irtn61$$$*1{*{} *TS T WEDNESDAY, MARCH 4, ?O3O r xAFLS$i&*nY raEw,3 NOTE: All persons wishing to speak on any agenda item rirust register with the CountY manacei orior to Presentation of tfrd aqbnda item to be ad- dressed. - lndividual sPeakers will be limited to 3 minutes on anv item. The selection o{ anv individual to sPeak on be- tralt of an organization or qroup is encourlged. lf rec funiied by thg Chairman, a spokesperson tor a group or organiiation may be allottec 1d rninutes to sPeak on an item. A copy of the proposed 0rdi' nance is on file with the Clerk to the Board and is available for inspection. All interested oarties are invited to attend lnd be heard. Persons wishinq to have writ- ten or graphii materials in' clxded in ihe Board agenda Dack€ts must submit said ma' ierial a minimum of 3 weeki orior to the respective Publi< hearinq. ln anY cate, written materiSls intended to be con' sid€red bY th€ Board rhall be submitted to the appropriate eftfftY staff a minimum "'i reven days prior to the publrc hearinq. -All materials used in presenlations be{ore the Board will become a perma ft*flt Fart of the record. A.nv oerson who decides to appeit any decision of the B'oard wilf need a re<ord oi the proceedingt pertaining thereto and therefore, may need to ensure that a verba- tim record of the proceedings is rnade. which record includes the testimony and evidence upon which the appeal is based. lf you are a person with a dis abilitv who needs any ac(om moddtion in order to Participate in\ this proceeding, You are entitled, at no eost to you, to the orovision of certatn as sistance. Please contafi the Collier Countv Facilities Man- aoement Division. located al 353S tamiami Trail East, Suite 101, Naples, FL 341 12-5356, (239) 252-8380, at least twc daw prior to the meeting. As' sitied listening devices for the hearing impaired are availa- ble in the Board of County {ommissioners Office. BSARD OF COUNTY COMMIS- :lsa{EEs E*LLIER COUNTY, FLORIDA BURT L. SAUNDERS. CHAIR- MAN CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT & {SMPT**ILER By:A*;:}**nej*hn utv {terk tSrAL}Deputy {ierk (SEAL} 4087587 March 4, 20204C87S 17.B.5 Packet Pg. 1550 Attachment: Legal Ad - Agenda ID 11633 (11633 : PL20190001494-City Gate Commerce Park PUD)