Loading...
Agenda 10/27/2020 Item #16C 8 (Sale & Purchase Agreement)16.C.8 10/27/2020 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase for the Solid and Hazardous Waste Management Division to acquire 2.5 acres that adjoin County owned lands intended for its Resource Recovery Business Park ("RRBP") development. The total cost for this transaction will not exceed $47,000 (Project 59012). OBJECTIVE: To acquire additional lands to expand the County's intended RRBP development. CONSIDERATIONS: On May 26, 2020, Agenda Item 11G, the Board adopted Resolution 2020-87 which authorizes staff to negotiate the acquisition by gift, purchase, or condemnation, of the three remaining parcels located in or adjacent to the RRBP for an amount not -to -exceed 25% of their appraised value as determined by an independent appraisal company. These lands are required for the future development of essential government services. Accordingly, after contact from Real Property Management, Elaine Jones, owner of 2.5 acres of unimproved land (Folio # 00291040002), agreed to sell her property per the terms and conditions of the attached Agreement for Sale and Purchase. An appraisal performed by Carroll & Carroll determined a market value of $31,500. The County offered the appraised value and received an initial counteroffer of $70,000. After negotiating with the owner, the owner agreed to a selling price of $45,000. The property was not actively being marketed for sale and the owner intended to continue to hold it for future investment value. In that regard, the negotiated amount reflects the owner's lack of motivation to sell and considers that the cost to pursue Condemnation would exceed the negotiated amount. The Agreement for Sale and Purchase has been reviewed and approved by the County Attorney's Office, the Solid and Hazardous Waste Management Division, and the Seller. As required by the Seller, the inspection period has been reduced from 90 days to 60 days, the closing date has been reduced from 120 days to 90 days, and paragraph 11.023, which holds the Purchaser harmless relative to any environmental contamination on the site (survives closing), has been deleted from the County's standard form Agreement. To mitigate any risk to the County, in addition to various other evaluations to be performed during the Due Diligence Period, the County will perform an environmental assessment to determine the environmental condition of the Property. The appraisal report with a location map is attached for reference. FISCAL IMPACT: The total cost of the acquisition should not exceed $47,000 ($45,000 for the purchase price and $2,000 for a title commitment, title policy, closing costs and recording of the documents). The source of funding is the Solid Waste Capital Projects Fund (474) Project 59012. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: This transaction is consistent with the County's Growth Management Plan, specifically the Solid Waste Sub -Element. RECOMMENDATION: 1. Approve the attached Agreement for Sale and Purchase. 2. Authorize the Chairman to execute the Agreement and any additional closing documents, and accept the Warranty Deed, once approved by the County Attorney's Office. 3. Authorize staff to prepare related vouchers and warrants for payment. Packet Pg. 1056 10/27/2020 16.C.8 4. Direct the County Manager or his designee to proceed to acquire the Property and to follow all appropriate closing procedures, to acquire and obtain clear title to the Property, and to record any and all necessary documents (once approved by the County Attorney's Office) in the Public Records of Collier County, Florida. Prepared By: Jay Malamphy, Property Acquisition Specialist, Facilities Management Division ATTACHMENT(S) 1. PSA - signed (PDF) 2. [Linked] Appraisal - bazar (PDF) 3. Location Map (PDF) Packet Pg. 1057 16.C.8 10/27/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.8 Doe ID: 13860 Item Summary: Recommendation to approve an Agreement for Sale and Purchase for the Solid and Hazardous Waste Management Division to acquire 2.5 acres that adjoin County owned lands intended for its Resource Recovery Business Park ("RRBP") development. The total cost for this transaction will not exceed $47,000 (Project 59012). Meeting Date: 10/27/2020 Prepared by: Title: — Facilities Management Name: Jay Malamphy 10/07/2020 2:26 PM Submitted by: Title: Director - Facilities Management — Facilities Management Name: Damon Grant 10/07/2020 2:26 PM Approved By: Review: Facilities Management Drew Cody Additional Reviewer Public Utilities Operations Support Joseph Bellone Additional Reviewer Facilities Management Damon Grant Director - Facilities Public Utilities Department Dan Rodriguez Additional Reviewer Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review Solid and Hazardous Waste Kari Hodgson Additional Reviewer County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Office of Management and Budget Laura Zautcke Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Nick Casalanguida Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Skipped 10/07/2020 3:16 PM Completed 10/07/2020 3:32 PM Completed 10/07/2020 3:56 PM Completed 10/07/2020 4:15 PM Completed 10/07/2020 5:00 PM Completed 10/09/2020 1:28 PM Completed 10/11/2020 9:06 PM Completed 10/15/2020 10:53 AM Completed 10/15/2020 11:24 AM Completed 10/16/2020 11:12 AM Completed 10/16/2020 11:38 AM Completed 10/19/2020 2:42 PM 10/27/2020 9:00 AM Packet Pg. 1058 16.C.8.a Project: Landfill Optimization Folio: 00291040002 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between Elaine B Jones, formerly known as Elaine R. Bazar, whose mailing address is 2581 81' Street NW, Naples, FL 34120, hereinafter referred to as ("Seller"), and Collier County, a political subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 (hereinafter referred to as "Purchaser"). WiTNESSETH WHEREAS, Seller is the owner of that certain parcel of real property. located in Collier County, State of Florida, and being more particularly described in Exhibit "A" (hereinafter referred to as the "Property"), attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property. subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described in Exhibit "A". iI. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be Forty -Five Thousand Dollars ($45,000) (U.S. Currency) payable at time of closing. Ili. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE_ Q CLO ING", OR " LOS3 G") of the transaction shall be held on or before on y c a s- following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3299 Tamiami Trail East. Suite 800, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: Packet Pg. 1059 16.C.8.a 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form. 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser -Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non -Foreign Affidavit." as required by Section 1445 of the internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A wire transfer in an amount equal to the Purchase Price, subject to adjustment for prorations as set forth herein and as stated on the closing statement. No funds shall be disbursed to Seiler until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto. and the Title Company is irrevocably committed to pay the Purchase Price to Seiler and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seiler, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01. Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below. shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for Packet Pg. 1060 16.C.8.a maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within thirty (30) days after the date hereof. Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have ten (10) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title. Seller shall have fifteen (15) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said fifteen (15) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option. at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A", if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within fifteen (15) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 This provision was deleted as an independent appraisal was previously performed and the appraisal report was provided with the initial offer letter. Packet Pg. 1061 16.C.8.a l_ VI. INSPECTION PERIOD 6.01 Purchaser shall have ninety (90) days from the date of this Agreement. ("Inspection Period"). to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, including any investigations not specifically stated herein, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. if Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period. it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. in the event Purchaser elects to terminate this Agreement because of the right of inspection. Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. Vll. INSPECTION 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. Vlll. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2020 taxes and shall be paid by Seller. Packet Pg. 1062 16.C.8.a X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seiler, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, and neither party shall have any further liability or obligation to the other except as set for in paragraph 13.01 (Real Estate Brokers) hereof. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action: which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties and take into account the peculiar risks and expenses of each of the pa rties. XI. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following- 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right.. power. and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. Packet Pg. 1063 16.C.8.a 11.013 The warranties set forth in this Article shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance. or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 To the best of Seller's knowledge, there are no incinerators, septic tanks or cesspools on the Property, all waste, if any, is discharged into a public sanitary sewer system; Seller has no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seiler has no knowledge the Property has not been used for the production, handling, storage. transportation, manufacture or disposal of hazardous or toxic substances or wastes. as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property: and there is no proceeding or inquiry by any authority with respect thereto. Seller has no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller has no knowledge of storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal. State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seiler claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction. alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 6 Packet Pg. 1064 16.C.8.a 11.019 There are no unrecorded restrictions. easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits. actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seiler acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agre s to indemnify, reimburse, defend and hold Purchaser halmlessfrom any and all costs i luding attorneys fees) asserted against, imposed on or f red by Purcha directly or indirectly, pursuant to or in connection with the application an deral, state, local or common law relating to pollution or protection of the en n t which shall be in accordance with, but not limited to, the Comprehens* Environmen esponse. Compensation, and Liability Act of 1980, 42 U.S.C. ction 9601. et seq., ("C LA" or "Superfund"). which was amended and up ed by the Superfund Amendme and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. Packet Pg. 1065 16.C.8.a 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. X11. NOTICES 12.01 Any notice. request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid. addressed as follows: If to Purchaser- Real Property Management Department Administration Building 3335 Tamiami Trail East - Suite 101 Naples. Florida 34112 With a copy to: Office of the County Attorney Administration Building 3299 Tamiami Trail East - Suite 800 Naples, Florida 34112 1f to Seiler. Elaine B Jones 2581 81' Street NW Naples, FL 34120 With a copy to: N [A 12 02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received. the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. X111. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker. salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XIV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties Packet Pg. 1066 16.C.8.a 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs. executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement. regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation. trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath. of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (if the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14 10 This Agreement is governed and construed in accordance with the laws of the State of Florida. Packet Pg. 1067 16.C.8.a XV. CORONAVIRUS (COVID19) 15.01 County and Seller acknowledge that the Coronavirus (COVID-19) pandemic may cause unprecedented impacts to real estate transactions, including but not limited to i) travel restrictions, ii) self-imposed and/or governmental required isolations, and iii) potential closures of offices and institutions required to fund, close and record real estate transactions. In the event Covid19 impacts the County's ability to perform Due Diligence, Cure Title. and/or Close this transaction. County and Seiler may mutually agree to extend the Inspection Period, Title Cure Period.. and/or Closing Date. If in the County's sole discretion, an extension date is needed, and if County and Seller cannot agree to the date(s) upon which to extend the Inspection Period, Title Cure Period, and/or Closing Date, then either party may terminate this Contract without penalty or cost, and the parties will have no further obligations to each other. XVI. ENTIRE AGREEMENT 16.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF. the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: Crystal K. Kinzel, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Burt L. Saunders, Chairman (Signatures Continued on Next Page) Packet Pg. 1068 16.C.8.a AS TO SELLER: WI ESSES: (Signs ur ) ( ranted Na e) Signature) (Printed Name) Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney BY: Elaine B. Jones, f/n/a EIa a Bazar N d _ O LO N _ O U d cn 0 w co M T a cn a w _ m E s w r a Packet Pg. 1069 16.C.8.a EXHIBIT "A" Folio: 00291040002 The Southwest 114 of the Southeast 114 of the Northwest 114 of the Southeast 114 of Section 25, Township 49 South, Range 26 East, Collier County, Florida. a Packet Pg. 1070 16.C.8.c Resource Recovery Business Park — Adjoining 2.5 Acres O w Go Cl) Q R C O r R v O J C N E t V 2 r Q Packet Pg. 1071 /40 Carroll & Carroll Real Estate Appraisers & Consultants APPRAISAL REPORT FOR COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT SUBJECT PROPERTY: 2.50 GROSS ACRES IN SECTION 25, TOWNSHIP 49 SOUTH, RANGE 26 EAST NAPLES, FL 34117 AT THE REQUEST OF: ROOSEVELT LEONARD, R/W-AC SR. REVIEW APPRAISER COLLIER COUNTY FACILITIES MANAGEMENT/REAL PROPERTY 3335 TAMIAMI TRAIL E., STE.101 NAPLES, FL 34112 ASSIGNMENT NO.: 5436C-TS APPRAISAL EFFECTIVE DATE: JUNE 19, 2020 DATE OF REPORT: JUNE 29, 2020 5436C Report Table of Contents Table of Contents SUMMARY OF IMPORTANT DATA AND CONCLUSIONS.........................................................1 CERTIFICATION..................................................................................................................................... 3 SCOPEOF WORK................................................................................................................................... 5 ESTATEAPPRAISED.............................................................................................................................. 6 DEFINITION OF MARKET VALUE..................................................................................................... 7 ASSUMEDEXPOSURE TIME................................................................................................................ 7 AREAINFORMATION.......................................................................................................................... 8 MARKETAREA.....................................................................................................................................19 PROPERTY INFORMATION............................................................................................................... 30 SITEDESCRIPTION.......................................................................................................................... 33 ENVIRONMENTAL CONTAMINATION.................................................................................... 36 NATURAL RESOURCE CONCERNS............................................................................................ 37 ZONING.............................................................................................................................................. 41 ASSESSMENT AND TAXES............................................................................................................ 44 FLOODZONE DATA....................................................................................................................... 45 TRANSACTIONAL HISTORY........................................................................................................ 46 CURRENTSTATUS........................................................................................................................... 46 HIGHEST AND BEST USE................................................................................................................... 47 CONSIDERATION OF APPROACHES............................................................................................. 48 SALES COMPARISON APPROACH................................................................................................. 49 LOCATION MAP OF SUBJECT AND VACANT LAND COMPARABLES ............................. 50 VACANT LAND COMPARABLES................................................................................................ 51 LAND SALES ADJUSTMENT GRID.............................................................................................. 60 ESTIMATEOF VALUE......................................................................................................................... 65 ADDENDA............................................................................................................................................. 66 Carroll 8v Carroll 5436C Report Summary of Important Data & Conclusions SUMMARY OF IMPORTANT DATA AND CONCLUSIONS This information is summarized only for convenience. The value given is the final, rounded conclusion of the appraisal. To use this summary without first reading the appraisal report could be misleading. PROPERTY INFORMATION Property Identification 2.50 Gross Acres located in Section 25, Township 49 South, Range 26 East, Naples, FL 34117 Property Description A 2.50-acre parcel in located near the northwest corner of the Collier County Resource and Recovery Business Park Industrial Planned Unit Development in Naples, Florida. Property Type Vacant Land Owner of Record Elaine R. Bazar Property ID # 00291040002 CLIENT INFO & VALUE CONCLUSIONS Client Collier County Facilities Management Department Intended Use To assist in Collier County land acquisition for internal decision making. Intended Users Collier County Facilities Management Department Appraisal Effective Date June 19, 2020 Date of Report June 29, 2020 Date of Inspection N/A Purpose of Appraisal Estimate Market Value "As Is" Estate Appraised Fee Simple Interest Appraised 100% Estimated Market Value $31,500 GENERALINFO Appraiser Timothy W. Sunyog, MAI State -Certified General Appraiser RZ 3288 Scope of Work All applicable approaches to value were developed. EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS None HYPOTHETICAL CONDITIONS None MARKET CONDITIONS STATEMENT COVID-19 is affecting the real estate market in ways that are sensed, but still mostly unmeasurable. Real estate remains the preferred store of wealth in times of risk and instability. Bad things happening in the stock market are not necessarily bad for real estate. For almost everyone, the greatest risk associated with COVID-19 is the risk of broad Carroll 8s Carroll 1 5436C Report Summary of Important Data & Conclusions economic dislocation. This manifests as work days lost, forced business closures, supply line shortages, and economic decline due to decreased activity. The longer extraordinary economic conditions like those continue, the slower will be the return to normalcy. The effect on the local real estate market is already felt in a few withdrawn listings, a few cancelled purchase contracts, and a reduction in all activities requiring personal contact. It is likely that commercial tenant revenues will decline and that might affect lease payments. If negative conditions persist, commercial tenants could be lost, and then be slow to replace. Retail tenants, especially restaurants without drive-thru facilities, are struggling. The motel/hotel market is also being negatively impacted due to travel restrictions and especially in Florida with beach closures. We expect marketing periods to lengthen, and the time required to close a transaction to increase. There is resiliency in the commercial market due to high occupancies and strong net operating income, and this Florida winter season will be extended because some visitors will stay longer than planned. If workers experience permanent job loss and replacement jobs are not available, or if personal incomes are reduced for long periods, then the residential rental market might be affected. The pace of local residential real estate market activity has already slowed due to increasing barriers to travel and to doing business. We don't expect panic sales as there is no safe alternative and relaxed fiscal policy is intended to reduce pressure on the hardest hit. The local retired residential community is resilient, and our community infection rate is low. It is noted the current financial market is in a state of uncertainty, and it is not currently known how this instability has affected the real estate market segment, or how it could potentially affect real estate. Certain immediate events in the economy may occur that could cause the property to perform differently than the estimates and conclusions contained herein. It is expressed the estimates and conclusions contained herein are subject to risk and uncertainty. We are not responsible for any negative affects the financial market may have on the vroverty that cannot be foreseen at this time. Carroll & Carroll 2 5436C Report Certification CERTIFICATION I CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF: I did not make a physical inspection of the property. I relied on aerial photography and access to make comparisons between the subject and comparable sales. The statements of fact contained in this report are true and correct. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and our personal, impartial and unbiased professional analyses, opinions and conclusions. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. In the three years immediately prior to acceptance of this assignment I have not performed any services regarding the subject property as appraisers, or in any other capacity. I have no bias with respect to the property that is the subject of this report or the parties involved with this assignment. My engagement in this assignment was not contingent upon developing or reporting predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions and conclusions were developed, and this report was prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. I am also subject to the Code of Ethics and Standards of Professional Practice of the Appraisal Institute, which includes provisions for peer review. The use of this report is subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board and to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. Carroll & Carroll 3 5436C Certification No one other than the undersigned prepared the analyses, opinions and conclusions concerning real estate that are set forth in this report. As of the date of this report, I have completed the requirements of the continuing education program of the State of Florida, and for Designated Members of the Appraisal Institute. CARROLL & CARROLL Timothy W. Sunyog, MAI Cert Gen RZ3288 Carroll & Carroll 4 5436C Report Scope of Work SCOPE OF WORK All applicable approaches to value were developed and the value conclusion reflects all known information about the subject property, market conditions, and available data. The scope of work was: • Inspected the subject and comparables using aerial photography • Reviewed aerial photographs, land use plans, the Land Development Code, and other documentation • Reviewed how the property relates to its neighborhood and to the broader market area in development of an opinion of highest and best use • Researched vacant land comparable sales, listings, and pending sales • Developed the sales comparison approach • Estimated the market value of the fee simple estate • Prepared an appraisal report summarizing the appraisal assignment, the property appraised, the application of the appraisal methodology, and the logical support for the value conclusion Sources of market data included local and regional MLS systems, Costar, LoopNet, public records, and interviews with real estate brokers. Carroll & Carroll 5 5436C Report Estate Appraised ESTATE APPRAISED The estate appraised is the Fee Simple Absolute. For appraisal purposes Fee Simple Absolute is synonymous with Fee Simple. The Dictionary of Real Estate Appraisal, Sixth Edition, published 2015 by the Appraisal Institute, defines Fee Simple Estate as: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. We consider easements, but only to the extent that they are known to us. Appraisal of the fee simple means that an improved property is vacant and available to be put to its highest and best use. Carroll & Carroll 6 5436C Report Definition of Market Value DEFINITION OF MARKET VALUE In United States tax law, the definition of Fair Market Value is found in the United States Supreme Court decision in the Cartwright case: The fair market value is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts. United States v. Cartwright, 411 U. S. 546, 93 S. Ct. 1713, 1716-17, 36 L. Ed. 2d 528, 73-1 U.S. Tax Case. (CCH) 1112,926 (1973) (quoting from U.S. Treasury regulations relating to Federal estate taxes, at 26 C.F.R. sec. 20.2031-1(b)). ASSUMED EXPOSURE TIME The reasonable exposure time referenced in (c) above is assumed to have already occurred as of the appraisal effective date. The assumed reasonable exposure time was between 6 and 9 months. Carroll & Carroll 7 5436C Area Anal AREA INFORM ION COLLIER COUNTY ANALYSIS An analysis of geography, transportation, population, employment, income and education for Collier County is performed using data provided by Site to Do Business, Florida Office of Economic & Demographic, United States Department of Labor and Fishkind & Associates, all recognized source(s). 'Fart Myers shell Pnlrvi Villa. :' res C:[yo V,14 o o61,2 aTrucd-d-Eiggar res City Punta Rassa ',41 II San Carlos Patk lslarid ,Sand Bel Far[Myers 12-dr aon,l� o Bona sr,o.e4 .:.Springs Naples P Van ,e ll Beech Estates V—n ,hiitIS e� 20 mr GEOGRAPHY o _ .war -Pi -- oTirci'ey 5 !i Istes a Ca Ra1�rl Pai J=r;,m= . Mar= Isla - -� ... rQn MN Trail E... Florida State Miceosukee lntllan "'ray P SW6H! � o Sp �O 'I�LIMEcpr'nTrailI 901 r� Frrf S- Fv Da eusr— Pcvrri - Collier County is the most southerly county on Florida's west coast offering mainland coastal development. Collier County is west of Ft. Lauderdale and south of Tampa. With 2,025 square miles of land area, it is the largest county in Florida. 821,620 acres, or about 63% of the land area, is in public ownership, is set aside for parks and environmental preservation, or is scheduled for public land acquisition. The region enjoys a climate that is classified as subtropical. Summers are relatively mild and winters are usually frost free. A hard freeze is a rarity. The climate, especially in winter, is one that attracts and is enjoyable to most people. The geography of the area runs generally northwest and southeast as indicated by the trend of the coastline. Beaches extend from the northern county line south to Cape Romano and then, as the coastline trends further to the southeast, beaches give over to mangrove islands and swamps. Moving northeastward from the beaches, elevations increase very slowly. Carroll & Carroll 8 5436C Area Anal Most of the county is less than 15 feet above mean sea level. Although changes in elevation are gradual, they are well defined by variations in vegetation. Much of the county is, or was once, wetland. The once plentiful marine resources are largely depleted, but still provide good sport fishing. Population centers include the coastal communities of Naples, Marco Island and Everglades/Chokoloskee. Immokalee, the single large interior community, is located in north Collier County and is the agricultural center of the region. POPULATION "The social forces studied by appraisers primarily relate to population characteristics. The demographic composition of the population reveals the potential demand for real estate, which makes the proper analysis and interpretation of demographic trends important in an appraiser's analysis." The total population, it's composition by age and gender, and the rate of household formation and dissolution strongly influence real property values. (The Appraisal of Real Estate 141h Edition) 500,000 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 Collier County Population 2000 2005 2010 2018 2023 2030 2035 2040 Florida Office of Economic & Demographic Research and Esri forecasts 2018 Collier County's population has continued to increase year after year. The population has grown at an annual rate of 1.8% from 2010 to 2018. The population forecasts through 2023 call for a continued steady growth cycle at an estimated annual rate of 1.856% or 7,031 people per year. Collier County for years has been one of the nations' fastest growing counties, historically outperforming the state. Population increases began in 2010, trending once again towards outperforming the state. Carroll & Carroll 9 5436C Report Area Anal Population Change (State vs County) 30% W 20% 15% 0% 2000 2005 2010 2018 2023 2030 2035 2040 Year Florida Office of Economic & Demographic Research and Esri forecasts 2018 Collier County Collier County is a popular retirement destination. As of 2018, 55.50% of the County's residents are over the age of 45. The 2023 forecasts depict an aging community with 56.5% of the population 45 years of age or older. 18% 16% 14% 12% 10% 8% 6% 4% 2% 0% Population by Age 0-4 5-9 10-14 15-24 25-34 35-44 45-54 55-64 65-74 75-84 85+ Age U.S. Census Bureau, Census 2010 Summary File 1. Ersi forecasts for 2018 and 2023 ■ 2010 2018 ❑ 2023 Carroll & Carroll 10 5436C Area Anal EMPLOYMENT Collier County is a largely service based economy with 34.2% of the employees in the leisure, hospitality, education and health service industries and 20.8% in professional, business, financial and other services. Trade, transportation, & utilities along with government jobs account for 28.2% of the County's employees. Industries such as natural resources/mining, construction, and manufacturing make up only 15.9% of the market. Finand Govern ConstrL 2017 EMPLOYED BY INDUSTRY - COLLIER COUNTY Mining & Leisure & Manufacturing Hopitality Professional & Business Services Office of Economic & Demographic Research, www.edr.state fl.us ie, tation & :ies x Health :es Carroll & Carroll 11 5436C Area Anal Top 11 Largest Employers Collier County -2012 Rank Company Employees 1 Collier County Public Schools 4739 2 NCH Healthcare System 4000 3 Collier County Government 1591 4 Collier County Sheriff's Office 1371 5 Ritz Carlton, Naples 1100 6 Gargiula, Inc. 1100 7 Arthrex, Inc 1056 8 Hometown Inspection Services 900 9 Publix 800 10 Naples Grande Beach Resort 760 11 Marriott 730 Source: www.eflorida.com as reported in 2014 Clerk of Courts Annual Report The unemployment rate in Collier County exceeded the state average by a slight margin in 2018. The unemployment rate then declined through 2018 as the economy improved and, until recently, Collier County's unemployment rates decreased more rapidly than the state. Unemployment Rate (County vs State) 2018 2016 2015 2014 2013 2012 2011 2010 0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 12.0% 14.0% ■ Collier County ■ State of Florida United States Department of Labor/Bureau of Labor Statistics/LAU Statistics Map Carroll & Carroll 12 5436C Area Anal BUSINESS CLIMATE Businesses, both existing and new, can experience a high level of collaboration within the community — private business, non -profits and government — as well as a common purpose: maintaining the enviable lifestyle residents here enjoy. Naples and Collier County offer deep resources for everything from start-up business loans and workforce training to accelerators that can jump-start a business, allow it to expand or move here from a foreign country or out of state. Collier County is the 10th fastest growing metropolitan area in the country, according to the U.S. Census Bureau and was the top fastest growing area in the country for 2016 in a ranking by the U.S. Conference of Mayors. Wallet Hub also ranked Naples/Collier County as the No. 3 Best Place to Start a Business in Florida and Forbes magazine/Moody's Analytics Forbes ranked Naples and Collier County No. 4 in the Top 10 Best Cities for future job growth. INCOME Collier County's per capita income and median household income levels are higher than state statistics. The most substantial difference between Collier County and the state is the large percentage difference in household incomes above $100,000 where Collier County exceeds the state by over 8%. Collier County's percentage household incomes ranging from $25,000 to $99,999 mirror that of the state but is significantly lower in the percentage of household incomes under $25,000. Income levels vary greatly within different areas of Collier County, and so, will be discussed in greater detail in the Market Area description. TRAN PORTATION The transportation system reflects local geography, population densities and the primary motivators of tourism, service industry employment, the construction industry, agriculture, and leisure activities. ROADS: The earliest roads were coastal, extending from north to south in the early twentieth century with the first settlers. Principal among these is US-41, commonly referred to as the Tamiami Trail because it was built to connect Tampa and Miami. Where it passes through the coastal community US-41 is a four or six lane divided highway with landscaped medians, curb and gutter, street lights and often with concrete sidewalks. The Trail is the principal coastal arterial and one that defines several important boundaries. Often there is a noticeable land value difference east and west of US-41 because the affluent coastal population prefers to shop and trade close to home. As the highway turns southeast from downtown Naples toward Miami the Trail defines the boundary of the coastal management zone which affects development densities and storm evacuation requirements. The eastern segment of US-41 is a designated national scenic highway popular with tourists, especially during the winter season as they seek adventure in the Everglades. Carroll & Carroll 13 5436C Report Area Anal A system of asphalt surfaced arterials, major collectors, minor collectors, and neighborhood streets extend into the urban area east and west from US-41. North -south arterials and major collectors are established about one mile apart. From west to east, these include Goodlette-Frank Road, Airport -Pulling Road, Livingston Road, Santa Barbara Boulevard and Collier Boulevard. The east -west grid is spaced about two miles apart; from north to south being Immokalee Road (CR-864), Vanderbilt Beach Road (CR-862), Pine Ridge Road (CR-896), Golden Gate Parkway (CR-886), Radio Road (CR-856), Davis Boulevard (SR-84), and Rattlesnake Hammock Road (CR-864). Within the urban area all of these are at least 4 lane divided highways. East of Collier Boulevard the road system reflects the economies of scale of Golden Gate Estates subdivision (the Estates) where 102 square miles of rural subdivision is supported by a grid system of paved and unpaved 2 lane streets, with 2 and 4 lane asphalt surfaced major collectors. Golden Gate Boulevard, a 4 lane divided road for five of its eleven miles east of CR-951, is the principal east -west collector. Everglades Boulevard (2 lane and asphalt surfaced) is the north -south major collector extending south from Immokalee Road 14 miles to the grade separation at I-75 where it continues into the Picayune Strand State Forest. Most of the neighborhood streets in Golden Gate Estates are asphalt. Collier County is planning to extend east -west collectors through the Estates along the alignment of Vanderbilt Beach Road and somewhere south of Golden Gate Boulevard. A north -south connection is also planned from the eastern terminus of White Boulevard (Pine Ridge Road) north to Golden Gate Boulevard. Interstate highway 75 (I-75) was extended from north to south through Collier County in the mid-1980s along a flood -proof route about five miles inland. Directly east of the City of Naples I-75 joins the original alignment of State Road 84 (Alligator Alley) connecting with Florida's east coast at Ft. Lauderdale. The coastal community I-75 interchanges are spaced three to four miles apart at Immokalee Road (CR-864), Pine Ridge Road (CR-896), Golden Gate Parkway (CR-886), and at Collier Boulevard/Davis Boulevard (CR-951/SR-84). Twenty one miles east of the coastal community is an interchange at State Road 29; the last interchange in Collier County. Collier County and the FDOT continue to study the feasibility of an interchange at Everglades Boulevard. The advent of I-75 signaled a change in the relationship of Collier County to the rest of Florida and the United States. While US-41 was the only north -south arterial, Collier County was dominated by the conservative mid -western influences of seasonal residents and somewhat isolated from the larger urban areas of Florida. After the late 1980s, road access to Collier was made much more convenient to the northeast via connections with I-4 and I-95. This had the effect of broadening Collier's market exposure and it stimulated growth. The extension of I-75 south into Dade County promoted better access for European tourists and made Collier County transient lodging attractive for east coast weekenders. Carroll & Carroll 14 5436C Report Area Anal Strategic connections exist where Collier Boulevard and CR-92 extend south and west from US-41 providing access to the City of Marco Island from the greater Naples area and from Florida's east coast, respectively. State Road 29 connects the southwest Florida agricultural center of Immokalee with points north, with the Naples coastal community via CR-846, with the Ft. Myers coastal community via SR-82, and with US-41 at Everglades City which is the western gateway to Everglades National Park and the 10,000 Islands region of Collier's southwest coast. The road transportation system is well planned, well maintained, and operating at acceptable capacity. Ambitious road construction projects undertaken in anticipation of growth projections and funded by impact fees have caught up with development. The road system reflects Collier's position at the southerly limit of development on Florida's west coast. MASS TRANSIT: Collier Area Transit (CAT), operated by Collier County Alternative Transportation Modes Department, provides inexpensive alternative transportation throughout the county linking major employment centers of Naples with Marco Island and Immokalee. There are several circulation routes with stops at the County government complex, hospitals, and major shopping establishments. The system accommodates bicycle transport and personal items. The same County department administers the Collier Area Para Transit system which provides subsidized transportation services for the disabled and economically disadvantaged. This is a successful and growing system that connects people with jobs, essential services, and shopping while reducing transportation costs and road congestion. AIRPORTS: Collier County is well supported by a system of five public airports. Southwest Florida International Airport (RSW) is located in Lee County 25 miles north of Naples; a 45 minute drive via I-75 from the Collier center of population. This facility serves the five county southwest Florida regions offering domestic and international air carrier service. In 2017 the airport served more than 8.8 million passengers, making it one of the top 50 airports in the U.S. for passenger traffic. A total of 15 airline carriers serve the airport with non-stop service throughout North America and international service to Canada and Germany. It is modern, convenient, and has planned expansion to keep up with regional growth. Naples Municipal Airport (APF) owned by the City of Naples and operated by the independently constituted Naples Airport Authority which derives its revenue principally from fuel sales. This small airport (about 1 sq. mi.) is located one mile east of downtown Naples. It serves the coastal community and is especially convenient to affluent residents Carroll & Carroll 15 5436C Report Area Anal who own private aircraft, to the corporate convention business of the large beachfront hotels, and to essential services like mosquito control, Emergency Medical Services (EMS), the Sheriff's office, and private air ambulance services. The two paved runways (5/23 @ 5,290' and 14/32 @ 5,000') will support jets including the G4 and Challenger series. Naples airport is tower controlled and fully certified for commercial operations and is home to several aircraft charter services and flight training schools. In 2005, Naples Municipal Airport accommodated 163,434 aircraft operations, a record high. Annual operations decreased by nearly 50% from 2005 to 2011. The total operations for 2017 were 95,018. Due to its downtown location, Naples airport has restricted operations of the most noisy jet aircraft and is at the leading edge of noise abatement measures. The Collier County Airport Authority owns and operates airports at Marco Island, in Everglades City, and at Immokalee. These are primarily funded through fuel sales and hangar leases. Marco Island Airport (MKY) is a very small (64.47 acres) general aviation facility on the mainland four miles northeast of Marco Island. The single paved runway (17/35 @ 5,000') will support light jet traffic. Hanger and ramp space is very limited. Fuel is available. This airport is convenient to Marco Island residents and to the corporate convention business of the Island hotels. Immokalee Regional Airport (IMM) is one mile east of Immokalee and 35 miles by road northeast of Naples. This 2 square mile airport has two paved 5,000 foot runways (18/36 and 09/27) a third diagonal runway is now used as a weekend drag racing strip. The airport is in a Florida Rural Enterprise Zone and a HUB Empowerment Zone. A 60 acre zone in and around the airport is a designated Foreign Trade Zone. To date, the economic potential of this airport is largely unrealized. However, the field is active as a training destination for coastal -based flight schools, it hosts aerial firefighting and crop dusting operations, and it bases numerous private aircraft. The Everglades Airpark (X01) is a light duty general aviation facility of 29.14 acres is within walking distance of downtown Everglades City. The single paved strip (15/33 @ 2,400') supports itinerant coastal traffic and half a dozen based aircraft. Fuel, a comfortable pilot center and bicycles are available. MARINE TRANSPORTATION: There is no deep water port and no commercial marine activity other than that associated with commercial fishing, charter sport fishing, and the marine towing services that support the pleasure boat industry. The controlling depth to the municipal dock in Naples Bay is six feet at mean low water. The US Coast Guard maintains a dredged and well -marked intracoastal waterway from the head of Naples Bay to Coon Key southeast of Marco Island. Local geography requires vessels northbound from Naples to transit 30 miles of the Gulf of Mexico before returning to the sheltered intracoastal system at Sanibel Island. Seasonally, excursions from Marco Island to Key West and from Ft. Myers Beach to Key West are scheduled daily. Carroll & Carroll 16 5436C Area Anal EDUCATION Collier County Public School District is a high performing school district which has earned either an "A" or "B" accountability grade from the State of Florida Department of Education over the past ten years. The District operates 61 schools; twenty-nine elementary schools, ten middle schools, eight high schools, a Pre-K through 12 school (Everglades City School) and 13 Alternative School Programs. The Alternative School Programs include charter schools and two technical colleges, each with a high school component. Collier County Public Schools serves 48,000 students. The student body is 51.43% Hispanic, 32.92% white, 11.58% black, and 4.07% other. More than 60% of the public school population is categorized "economically needy." Over 50% of public school students live in non-English speaking homes. Between 2016 and 2018, the school district had an overall population growth of 2,100 students. Collier County Public Schools Enrollment 49,000 48,000 47,000 a� 46,000 m a 45,000 v 44,000 Z 43,000 42 42,000 41,000 48,000 2004 2006 2008 2010 2012 2014 2016 2018 2020 http://collierschools.com Collier County is also served by several colleges and accredited universities. Three colleges have campuses in Collier County: Ave Maria University, Hodges University and Florida Southwestern State College (formerly Edison Community College). Ave Maria University is a private catholic university that offers both undergraduate and graduate programs including a law school. Hodges University is a private four-year college that offers bachelors and master's degrees in 20 disciplines. Florida Southwestern State College, with campuses in Naples, Punta Gorda and Ft. Myers, offers both two-year and four-year degree programs. Additional universities serving the region are Florida Gulf Coast University a part of Florida's state university system; Barry University; and Nova Southeastern University. Carroll & Carroll 17 5436C Area Anal University of Florida Extension Services is a land-grant with research based information through an Extension Office in Immokalee. CONCLUSION At the southerly limit of urban development on Florida's west coast, Collier County offers the climate, natural resources, and sporting opportunities to support a superb retirement community. The quality of infrastructure, schools, and social services is what one would expect of such an area. We are experiencing a surge in new development projected to take us through the next several years. In the long term, the attractions of the climate and location, and the stability of fixed -account affluence promise continuing prosperity although probably without the strong emphasis on new development. Carroll & Carroll 18 5436C Market Area MARKET AREA Market Area is defined as: "The geographic region from which a majority of demand comes, and in which the majority of competition is located." (The Dictionary of Real Estate Appraisal Wh Edition) "A combination of factors — e.g., physical features, the demographic and socioeconomic characteristics of the residents or tenants, the condition of the improvements (age, upkeep, ownership, and vacancy rates), and land use trends." (The Appraisal of Real Estate, Fourteenth Edition) A market area includes those surrounding land uses which impact the value of a property and it can encompass one or more neighborhoods or districts. An appraiser focuses on the market area in analyzing subject property value influences. BOUNDARIES The subject property is located within the Golden Gate area of Collier County. For appraisal purposes, the Golden Gate or market area boundaries are shown below: Carroll & Carroll 19 5436C Market Area Introduction The portion of Golden Gate within this market area is approximately 126 square miles in size. Three separate land uses are worth noting. Golden Gate City, which is not incorporated, is a 4-square mile development of high residential density consisting of both single-family and multifamily units. Commercial services for this market area are centralized here. The rural estates consist of approximately 116 square miles and is zoned for estate living. This low -density development serves a rural lifestyle desired by many in the area. A third area, Orange Blossom PUD located on Immokalee Road, is a 4-square mile residential subdivision without commercial support. It is approximately 50% developed with primarily single family units. Collier County Fairgrounds, a high school and elementary school are located here. Demographics for Golden Gate City and rural estates will be discussed separately, where appropriate, Data for Orange Blossom PUD will be included in the rural estates demographics. Environmental Influences This area is desired because of mild winter weather and rural life style. Even though it is inland from the coast there is still easy access to miles of beaches. The Naples area is one of the very few in Florida that offers adequate public access to a mainland beach. The subtropical weather allows for year-round recreational opportunities. Boating, swimming, riding ATVs, and camping are popular activities. Bicycling, walking and jogging are supported by an extensive network of connected biking and walking paths. Multiple tennis and pickle ball courts are available, as well as fitness centers. Golden Gate is known for its clean environment and healthy lifestyle. Residents are drawn to the rural estates because of wooded lots, native vegetation and abundance of wildlife. Agriculture uses are permitted; therefore, equestrian activities are common throughout the estates. Golden Gate City is an urban area served by county parks and a biking/walking path network. Governmental Influences This market area, including Golden Gate City, is governed by Collier County Board of County Commissioners which serves as chief legislative body and five constitutional officers; sheriff, clerk of courts, tax collector, supervisor of elections, and property appraiser. County government is managed by a strong county manager structure. Collier County provides services which range from average to high quality. However, Collier County is known for being a difficult county for building and development. The tax burden in Collier County is lower than the national average. Carroll & Carroll 20 5436C Report Market Area County government has zoning and comprehensive plan ordinances designed to protect the character and values of property; to protect and enhance economic development; and to maintain and enhance the attractive nature of the area. Public services include fire protection, solid waste disposal, potable water, sanitary sewer service and storm water drainage. In some areas of Golden Gate Estates where sanitary sewer is not available, septic systems are permitted. Public/private companies proved adequate services for electricity, cable, and internet. Community support facilities such as schools, parks, churches, shopping, and places of employment are all located within this market area. Collier County Sheriff Department provides full range of services for Collier County. According to the statistics listed by Florida Department of Law Enforcement, Collier County crime index falls in the lowest 16% of all counties in Florida and crime rate has decreased nine out of the past ten years. About 78% of all crime is either burglary or larceny. The county averages are representative of conditions in the Golden Gate area. This market area is served by several arterial roadways. All are six -lane divided highways with beautifully landscaped medians. Improvements include street lighting and concrete curb and gutter. North -south arterial roadways include Santa Barbara Boulevard which connects Rattlesnake Hammock Road to Immokalee Road and Collier Boulevard (SR-951) which is a major arterial linking Marco Island in south Collier County with Immokalee Road near the north county line. Development along Collier Boulevard is a mixture of single/multi-family residential, office, light industrial, institutional, and retail. The Collier Boulevard thoroughfare anchors a grid of arterial roads spaced about 2 miles apart, that serve the greater Naples coastal community which lies to the west and has direct access to I-75. East -west arterials include Golden Gate Parkway, Pine Ridge Road, and Immokalee Road. Each one provides direct access to Interstate I-75. Development along Pine Ridge Road is mainly developed with single family homes and institutional uses. Golden Gate Parkway and Immokalee Roads have a mixture of single/multi-family residential, office, industrial, institutional, and retail uses. Another east -west arterial is Vanderbilt Beach Road which is a direct connection between the Golden Gate area and the Naples beaches. Interstate I-75, which connects Collier County to both North Florida and Florida's east coast, serves this entire market area and access is provided by three interchanges. The arterial road system is laid out in a grid pattern that provides adequate traffic flow to all areas of the county. Commercial development exists at every major intersection; but, the intersections are designed with proper turns lanes and signaling to provide for adequate traffic movement. The road network easily handles traffic demand in the off-season, May Carroll & Carroll 21 5436C Report Market Area through December. Traffic more than doubles in January, February, March and April because of seasonal residents and tourists. Even with exceptionally heavy traffic, the road network usually handles peak traffic demand without major delays. The rural estates are served by a grid of residential streets and collector roads. The residential streets, which are two-lane roads with open swales, are located every quarter mile. Most these roads are paved; however, some residential streets located along the eastern edge of this market area have yet to be improved. The residential streets feed into collector roads, which connect to the major arterial highway system. The collector roads include Santa Barbara Boulevard, Golden Gate Boulevard, Wilson Boulevard, Everglades Boulevard, Randall Boulevard and Oil Well Road. They are four -lane in the more populated areas, transitioning to two -lanes in the eastern section of this market area. Public transportation is provided by a county transit bus services. Naples Municipal Airport is located outside the market area, but is easily accessed by any resident of the area. The airport is City owned, but operated by the independent Naples Airport Authority. It serves private and commercial aviation, as well as aviation related activities. It supports government services, such as, Mosquito Control District and Collier County Sheriff's aviation unit. Social Influences Golden Gates City is a diverse community of entry level housing. Residents like the small town feel and consider it a safe place to raise a family. Residential is approximately 95% built out. Rural estates are attractive for it's quiet country living while being in close proximity to all that the coastal community has to offer. Build out varies in the rural estates from 95% in the western portion of the market area to 40% or less in the southeastern location. Per US Census Bureau forecasts, the 2019 population is 70,636 with a projected growth to 75,824 (7.34% growth) by 2024. This area experiences a lower seasonal population increase during the winter months than other areas of Collier County. The median age is 36.3 with 81.2% of the population being 54 and younger. The median household income is $62,446. 24.6% have a bachelor's or professional degree and 25.4% have some college education. There is an average degree of community involvement through civic organizations, neighborhood groups, social service organizations and political committees. The Naples cost of living is 2% higher than the average cost of living in the United States. Conversely, Florida has a cost of living that is lower than the US average. Of the 25 locations included in the Economic Policy Institute's dataset for Florida, Naples -Marco Island is the 21st most expensive. In Naples, housing is the category with the highest index (21% above national average), while taxes are the category with the lowest index (15% below national Carroll 8s Carroll 22 5436C Market Area average). (Ref. Careertrends.com; cost of living analysis). Golden Gate has some of the highest density of affordable housing units in Collier County, but because of the high cost of living, home values can still be out of reach for many moving into Collier County. One of the main driving forces impacting growth in this area is the quality of schools. This market area has 15 public schools; two high schools, four middle schools, and nine elementary schools. Three of these schools received an A, five received a B and seven received a C rating in the last Florida state grading period. All schools in Golden Gate City are C schools with at least 86% minority and economically disadvantaged student enrollment. The majority of schools located in the rural estates area are either A or B schools with minority enrollment between 40% and 65%. In addition to the public school system, there are three, faith -based private schools. Economic Influences Population increased 52% over the last 19 years or 1,272 people per year. Population is forecasted to increase an additional 7.34% over the next five years for an average of 1,038 people per year. This trend is consistent with the past sixteen years and should continue into the near future as buildout continues along the eastern edge of this market area. The residential population is dominated by working class and young professional residents. Comparatively, incomes within this market area are less than the county average. Development trends: Residential This market area provides a large range in home values from entry level housing to million dollar estates and is the greatest source of vacant residential lots in the county. Values in Golden Gate City should remain consistent subject only to general market trends. Values in the eastern rural estates will increase as buildout in the units closest to the coast continues Median home value in the market area is $274,006 which is lower the than the County's median home value. Total number of households in the market area is 26,116, of which, 59.4% are owner occupied, 25.4% renter occupied and 15.2% vacant. Vacancy include seasonal rentals. Carroll & Carroll 23 5436C Market Area esri® Demographic .. Income Golden Gate/Golden Gate Estates Area: 156.97 square miles Profile Prepared by Esri Summary Census 2010 2019 2024 Population 65,917 70,636 75,824 Households 20,774 22,146 23,791 Families 16,467 17,447 18,713 Average Household Size 3.16 3.18 3.18 Owner Occupied Housing Units 14,625 15,517 17,055 Renter Occupied Housing Units 6,149 6,629 6,735 Median Age 34.8 36.3 37.2 Trends: 2019 - 2024 Annual Rate Area State National Population 1.43% 1.37% 0.770% Households 1.44% 1.31% 0.750/c Families 1.41% 1.26% 0.689% Owner HHs 1.91% 1.60% 0.920% Median Household Income 2.76% 2.37% 2.70% 2019 2024 Households by Income Number Percent Number Percent <$15,000 1,367 6.2% 1,149 4.8% $15,000 - $24,999 1,709 7.7% 1,459 6.1% $25,000 - $34,999 1,877 8.5% 1,680 7.1% $35,000 - $49,999 3,173 14.3% 3,101 13.00k $50,000 - $74,999 4,904 22.1% 4,998 21.0% $75,000-$99,999 3,497 15.6% 3,918 16.50% $100,000 - $149,999 3,371 15.2% 4,288 18.0% $150,000 - $199,999 1,211 5.5% 1,699 7.19% $200,000+ 1,037 4.7% 1,499 6.30% Median Household Income $62,446 $71,551 Average Household Income $81,516 $94,905 Per Capita Income $26,166 $30,582 Census 2010 2019 2024 Population by Age Number Percent Number Percent Number Percent 0-4 4,888 7.4% 4,649 6.6% 4,986 6.6% 5-9 4,904 7.4% 4,851 6.9% 5,088 6.7% 10 - 14 5,233 7.9% 5,216 7.4% 5,550 7.3% 15 - 19 5,176 7.9% 4,731 6.7% 5,073 6.79k 20 - 24 4,342 6.6% 4,459 6.3% 4,263 5.60/h 25 - 34 8,568 13.0% 10,216 14.5% 10,449 13.8% 35 - 44 10,114 15.3% 9,138 12.9% 10,691 14.1% 45 - 54 10,346 15.7% 9,611 13.6% 9,089 12.0% 55 - 64 6,496 9.9% 9,112 12.9% 9,551 12.60% 65 - 74 3,787 5.7% 5,573 7.9% 7,054 930% 75 - 84 1,694 2.6% 2,460 3.5% 3,232 4.3% 85+ 370 0.6% 621 0.9% 795 1.0% Census 2010 2019 2024 Race and Ethnicity Number Percent Number Percent Number Percent White Alone 52,319 79.4% 54,527 77.2% 57,743 76.2% Black Alone 6,013 9.1% 7,041 10.0% 7,993 10.5% American Indian Alone 326 0.5% 334 0.5% 362 0.5% Asian Alone 737 1.1% 1,046 1.5% 1,311 1.7% Pacific Islander Alone 10 0.0% 13 0.0% 16 0.00% Some Other Race Alone 4,650 7.1% 5,478 7.B% 6,004 7.9% Two or More Races 1,862 2.89/o 2,197 3.1% 2,395 3.2% Hispanic Origin (Any Race) 27,064 41A% 31,580 44.7% 35,784 47.20/. Data Note: Income is expressed in current dollars. Source: U.S. Census Bureau, Census 2010 Summary File 1. Fsri forecasts For 2019 and 2024. August C5, 2019 Carroll 8v Carroll 24 5436C Report *esri- Golden Gate/Golden Gate Estates Area: 156.97 square miles 2019 Population by Race 60,000 50,000 40,nn0 20,000 20,nn0 10,000 13 white Black A. Jnd. Asn7Pac Other Two+ 2019 Percent Hispanic Origin:44.7°% Households 25,000 2o,oaa 15,000 10,000 5,000 0 Census 2010 3.5 3 2.5 2 `m 1.5 a 1 0.5 a Population 20 15 c , 10 Q. 5 0 .515K 515K-525K 525K-535K ;35K-S50K S50K-575K 575K-5L00K $190K-$150K $LSOK-$200K $200K+ Market Area Prepared by Esri 2019 Population by Age ti.34o 20.946 14, 546 C5 5-19 � 20-24 25-34 1z.s% 1z.3% 35-44 45-54 ' 55-64 13.6% 012A% . 65+ 2019 Home Value vA% 39.4% c$100K $100-199K $200-299K 9.4% $300-399K $400-499K aa% $SOOK+ 26.49E 2019 2024 2019-2024 Annual Growth Rate Households Median Household Income Owner Occupied Housing Units Household Income Source: U.S. Census bureau, Census 2010 Summary File 1. Esn forecasts for 2019 and 2024. 2019 ■ 2024 August C5, 2019 Carroll 8v Carroll 25 5436C Market Area Commercial Commercial development can be categorized in four different groups. Primary commercial is in Golden Gate City. Second group is newer construction at the arterial road intersections. Third is neighborhood commercial within the rural estates. Fourth is the industrial commerce park near Collier Boulevard and the I-75 interchange. Golden Gate City is the commercial center serving this market area. Santa Barbara Boulevard, north of Golden Gate Parkway, has a mixture of multi -family residential and commercial along the east side of the road. Commercial consists of older single story, single user buildings and 4 to 8 unit strip centers. Businesses include daycare/ preschools, neighborhood food mart and gas stations, construction company offices, barber shops and beauty salons and small restaurants. Golden Gate Parkway has a mixture of multi -family and commercial development along both sides of the roadway. Newer commercial consists of CVS and Walgreens Pharmacies, bank branches and national fast food restaurants. There are three older shopping centers, anchored by Winn Dixie, K Mart and by Ace Hardware. Single story commercial structures and strip centers house neighborhood businesses such as barber shops and beauty salons, florists and jewelers; veterinary services and family medical clinics; and small locally -run restaurants and food marts. Several businesses consist of automotive support such as gas stations, oil chance and car washes. Professional services are primarily located in executive suites located near Santa Barbara Boulevard. There is a Quality Inn Hotel located at the southwest corner of Golden Gate Parkway and Collier Boulevard. Commercial frontage along the west side of Collier Boulevard south of Green Boulevard is very similar to commercial along Golden Gate Parkway in building size, age and use. The exception is that there is a greater density of national food chains. The second -tier commercial properties, without major road frontage, are developed with single story warehouse -type structures housing service -oriented businesses. Newer commercial development is located along Collier Boulevard where it intersects Pine Ridge Road and Vanderbilt Beach Road. Each intersection has a shopping center anchored by either a Publix or Winn -Dixie super market. Out parcel development includes bank branches and gas station/convenience stores and national pharmacies. Commercial development in the rural estates is limited because residents have orchestrated an ongoing effort to prohibit commercial development in the residential areas. The only two neighborhood commercial locations are at the intersection of Wilson Boulevard and Golden Gate Boulevard and at Randall Boulevard and Immokalee Road. Both areas have minor commercial development and it is not expected that additional commercial zoning would be approved any time soon. Carroll & Carroll 26 5436C Report Market Area Industrial Industrial/commercial developments are in the northeast quadrant of I-75 and Collier Boulevard interchange. White Lake Industrial Corp Park is one of Collier County's three primary industrial parks. The White Lake Industrial Park contains 144.4 acres and is approved for 7.80 acres of commercial and 77 acres of industrial. White Lake consists of newer, good quality flex and warehouse properties and it is home to some of the largest manufacturing facilities within the county. It is approximately 50% built -out. City Gate Commerce Center contains 288 acres zoned for 2,950,000 S.F. of commercial, light industry, office, warehouse and distribution. The site has over 3,000 feet of frontage on Collier Boulevard where a gas station, a 102 room Spring Hill Marriott Hotel and a 100 room Fairfield Inn Marriott have been constructed. Approximately 90% of the interior lots are vacant. Medical None of Collier County's major medical facilities are located within this market area. The only major medical center/hospital servicing this area is the Physicians Regional Medical Center located along Pine Ridge Road, just east of Interstate 75. This is a 201-bed facility and is one of the county's four major medical centers. The hospital offers a 24-hour emergency department that provides a full range of traditional emergency services. An additional emergency room facility was recently completed at the northeast corner of Collier Boulevard and Immokalee Road. This is a two-story 19 room, state of the art emergency room with additional medical space for practicing physicians. The facility was built to help service the rural estates and all the new residential units being constructed along Collier Boulevard and Immokalee Road. Carroll & Carroll 27 5436C Market Area MARKET AREA BUSINESS SUMMARY Total Businesses Total Employees Total Population Employee/Pop. Ratio Industry Agriculture/Mining Construction Manufacturing Transportation Communication Utility Wholesale Trade Retail Trade Finance/Insurance/Real Estate Services Government Unclassified Establishments 1,597 10,194 70,636 0.14:1 Businesses Employees 102 904 300 1,319 13 279 69 210 6 34 7 33 33 300 243 1,873 114 507 558 4,398 19 325 132 13 U.S. Census Bureau, Ersi forecasts for2018 and 2023 Health care, construction, education, retail, and management positions dominate the market area business sector. Carroll & Carroll 28 5436C Market Area MARKET AREA LIFE CYCLE Market areas often pass through a four -stage life cycle of growth, stability, decline, and revitalization. • Growth - A period during which the market area gains public favor and acceptance. • Stability - A period of equilibrium without marked gains or losses • Decline - A period of diminishing demand • Revitalization - A period of renewal, redevelopment, modernization and increasing demand. Most the real estate activity in Golden Gate reflects the growth cycle. The residential and commercial markets continue to be strong. The growth cycle is expected to continue into the near future. Because of the age of the structures, the western portion and the city center are just beginning to experience some revitalization. CONCLUSION This continues to be one of the most affordable market areas in Collier County. The houses within the city center provide entry level housing and the rural area satisfies the desire for larger lot sizes and rural lifestyle. A well -designed road network provides easy access to jobs serving the coastal community; coastal beaches and water activities; entertainment endeavors; and commercial and medical services. This area appeals to a cross section of the population but primarily to working class families. Development continues to push north and east where vacant lots still exist. Golden Gate will likely continue to enjoy a healthy growth while maintaining its affordability. Carroll & Carroll 29 5436C Report PROPERTY INFORMATION PALM ROYALE 'L Pine Ridge Rd SU NGATE tr en 91vd CENTER . Golden Gate ` BZ6 - MAGNOLIA POND SHERWOOD PARK ro I'ca-J. Q Rd r, FOR EST G LE N N OF NAPLES NAPLES HERITAGE GOLF & COUNTRY CLUB 9SS } tC i V NAPLES LAKES COUNTRY CLUB su ,ect CB4) Property Information Golden Gate Blvd W EE 841 Picayune Strand Carroll & Carroll 30 0 cd 0 Cd i } � Y 7 I i i .a •jj:. ' 1 0 5436C Report Property Information SITE DESCRIPTIO N Legal Description The Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Southeast 1/4 of Section 25, Township 49 South, Range 26 East, Collier County, Florida. Property ID# 00291040002 Owner of Record Elaine R. Bazar Size I was not provided with a boundary survey. The size of the parcel is based on the legal description obtained from the most recent warranty deed. 2.50 gross acres Dimensions - 330'x330' Easements None Shape Square Frontage None Access The subject property currently has no physical or legal access. The property is located 330 feet south of the nearest physical road. After researching recorded plat maps, warranty deeds of adjacent properties, and recorded easements, the subject property has no legal access. Legal access would have to be obtained from the property owner to the south and to the north through a statutory way of necessity easement. This would require approval from the courts, compensation to the adjacent owners for the easement, and would likely take 6 to 9 months. In the State of Florida, a parcel which is landlocked and does not have legal access can obtain a statutory way of necessity easement as presented in Florida Statutes Section 704.01(2). A statutory way of necessity easement is recognized by a court only if the landlocked parcel is used, or is desired to be used, for one of the following purposes: (a) as a dwelling, (b) for farming, ranching, or other agricultural purposes, or (c) for timber raising or cutting. A court can give a statutory way of necessity easement over any adjoining property, as long as it is the nearest practicable route to a public road. Unlike a common law Carroll & Carroll 33 5436C Report Property Information way of necessity easement, the owner of the property over which the statutory way of necessity easement runs must be compensated for the easement encumbering his or her property. Topography The elevations range from 10 to 11 feet. It is assumed that the property is generally level. Ground Cover The property is covered in native and exotic vegetation. I was provided with a copy of the Deed of Conservation Easement recorded in Official Records Book 5066, Page 3442 of the Public Records of Collier County, Florida for the adjacent property owned by Collier County. Within the deed is a Management Plan for Listed Species conducted by Earth Tech and Boylan Environmental Consultants, Inc. The report identifies the vegetation communities located on the adjacent property. The vegetation communities surrounding the subject include, pine flatwoods, and cypress -pine -cabbage palm. There are also various levels of exotics mixed into the vegetation communities. Based on the aerial imagery, the subject includes slash pine, cypress, cabbage palms, Brazilian pepper, and Earleaf acacia. Utilities Electricity, telephone, and TV cable are available. The property is currently serviced by well and septic. Concurrency The service levels along the adjacent road system are within acceptable limits as defined by Collier County. There are no concurrence issues adversely affecting this property. Surrounding Land Uses The subject is located approximately 1.60 mile east of Collier Boulevard. The subject is surrounded to the south and west by the Collier County Resource and Recovery Business Park Industrial Planned Unit Development. The IPUD spans 344.3 acres. A total of 178.1 acres are designated as preserve and the remaining 166.2 acres can be used/developed. The IPUD shall be developed for solid waste and resource recovery facilities, and public vehicle and equipment storage, and repair facilities. To the north of the subject is a 5.00 acre -parcel that is individually owned and to the east is a 2.50 acre -parcel that was recently purchased by Collier County. Demographics (2020) 1 mile 3 5 Population 160 11,045 56,007 Households 50 3,888 19,970 Carroll 8v Carroll 34 5436C Report Property Information Median HH Income $66,000 $60,405 $57,059 Median Home Value $268,420 $254,196 $269,847 Site Improvements None Carroll 8v Carroll 35 5436C Report Propertv Information ENVIRO ME NTAL W AMINATIO Observed Contamination None Noted Concerns None Environmental Assessment No Available Impact on Value None Disclaimer Unless otherwise stated in this report, the existence of hazardous substances or environmental conditions including but not limited to asbestos, polychlorinated biphenyls, petroleum leakage, agricultural chemicals, urea formaldehyde insulation, lead paint, toxic mold, et cetera, which might or might not be present in or on the property were not called to the attention of the appraiser. Such tests were not in the appraiser's required scope of work, the appraiser is not qualified to test for such substances and conditions and the appraiser is not qualified to render professional opinions in this specialty area. No responsibility is assumed for any such conditions that might exist, or for the knowledge and expertise required to discover them. Carroll & Carroll 36 5436C Report Propertv Information NATURAL RESOU CE CONCERNS Condition of subject The property is in its native state and has never been cleared. I was not provided with any environmental reports. All plant and animal communities are of interest and concern. To a greater or lesser degree depending on the species and the quality of habitat they occupy, plants and animals inhabiting the property will invoke some level of scrutiny and will result in some cost during the permitting process. Natural Resource Audits Available No Impact on Value N/A Disclaimer Specialized natural resource audits were not in the appraiser's required scope of work, the appraiser is not qualified to conduct such audits and the appraiser is not qualified to render professional opinions in this specialty area. No responsibility is assumed for any extraordinary natural resource concerns, or for the knowledge and expertise re uired to discover them. Carroll 8v Carroll 37 5436C Report Propertv Information FUTURE LAND USE Ordinance or Plan Collier County Growth Management Plan Future Land Use Designation Rural Fringe Mixed Use District (RFMUD) - Sending Lands and the North Belle Meade Overlay Purpose of Designation The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. Sending Lands are those lands within the Rural Fringe Mixed Use District that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. Permitted uses include agricultural uses, detached single family uses at a maximum density of one dwelling unit per 40 acres or one dwelling unit per lot or parcel of less than 40 acres, which existed on or before June 22, 1999, habitat preservation and conservation use, passive parks, sporting and recreational camps, essential services, and oil and gas exploration. Development rights may also be severed from Sending Lands at a maximum rate of 0.2 TDR (Transfer of Development Rights) credits per acre (1 TDR Credit per five acres). Utilization of TDR Carroll & Carroll 38 5436C Report Property Information Credits and TDR Bonus Credits in Receiving Lands may only occur in whole number increments (fractions are prohibited). In the case of legal nonconforming lots or parcels in existence as of June 22, 1999, where such lot or parcel is less than 5 acres in size, one TDR Credit may be severed from said lot or parcel. North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and west and I-75 to the south and is unique to the Rural Fringe area because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the Sending Lands can and do provide valuable habitat for wildlife, including endangered species. The challenge for the NBM Overlay area is to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBM Overlay area. Carroll & Carroll 39 5436C Report Propertv Information O 0 GOLDEN GATE 9LV[] W GOLDEN GAPE BLW E YD ,( y (xy�x� `�k�`x�`i-.32C � m RIDGE RD GREEN 6LVD 0 G E NORTH � BELLE 7 E MEADE - N RPA O R6 0 z � a rr m sm BELLE $ MEADE KE HAM ACCK Rn N R PA 5o � G Carroll 8v Carroll 40 5436C Report Propertv Information ZONING Ordinance or Land Development Collier County Code Zoning "A" - Rural Agricultural District RFMUD - NBMO - Sending Rural Fringe Mixed Use District (RFMUD) - Sending Lands and the North Belle Meade Overlay Purpose or Intent of Zoning The purpose and intent of the Rural Agricultural District is to provide land for agricultural, pastoral, and rural land uses. In addition, several conditional uses including churches, schools, child care centers, social and fraternal organizations, and group care facilities are available under conditional use provisions. It is also a "holding" classification applied to land the future development of which is uncertain. The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County. In addition, several conditional uses including churches, schools, child care centers, social and fraternal organizations, group care facilities, and earth mining are available under conditional use provisions. It is also a "holding" classification applied to land the future development of which is uncertain. The maximum shall not exceed the density permissible under the density rating system. Below are the development requirements as set forth in the Agricultural Zoning District: Minimum Lot Area: 217,800 square feet or 5.00 acres Minimum Lot Width: 165 feet Minimum Front Yard Setback: 50 feet minimum Carroll & Carroll 41 5436C Report Property Information Minimum Side Yard Setback: 30 feet Minimum Rear Yard Setback: 50 feet Maximum Building Height: 35 feet Copies of pertinent sections of the Comprehensive Plan and Land Development Code are included in the Addendum. Carroll 8v Carroll 42 5436C Report «r oe t Information � • ; tome �■a; ) § @ 222. § � . a � ae2 d i�kk§ § ;®2(\ `!|;) 2'2m�a ) k , §} [\ � 4§ N a | Carroll &, Carroll 43 5436C Report Propertv Information ASSESSMENT AN TAXES By statute, real estate in Florida is assessed at 100% of fair market value as of January 1st of the tax year. Since annual tax assessments are based on sales from previous years, depending upon market trends, assessed values can fall on either side of the current market value estimate. The tax assessment is usually not a reliable indicator of market value. Parcel Tax ID 00291040002 Assessment and Tax Year 2019 Land Assessment $10,750 Improvement Assessment $0 Combined Total Assessment $10,750 10% CAP ($8,481) AG Exemption $0 Taxable Value $2,269 Ad Valorem Taxes $68.96 Non- Ad Valorem Taxes $0 Total Taxes $68.96 Taxing Authority/Jurisdiction Collier County The total assessment is $4,300 per gross acre of land area. The land assessment is within the range of other similar interior parcels which range from $4,300 to $9,000 per acre. The assessment is considerably less than my estimate of market value. The 2019 assessment reflects an 421.09% increase from 2018. Assessed values can be increased a maximum of 10% annually and therefore the 10% CAP was applied. The 2018 assessment increased 10% from 2017. The 2019 taxes increased 12.46% from 2018 or $7.64 and the 2018 taxes increased 185.47% from 2017. As of the appraisal effective date the 2019 taxes have been paid. Carroll & Carroll 44 5436C Report Propertv Information FLOOD ZONE D A Flood Zone AH Flood Zone Comments Zone AH — Areas of 1% annual -chance shallow flooding with a constant water - surface elevation (usually areas of ponding) where average depths are between 1 and 3 feet. Base flood elevations determined. Community Panel Number 12021C0416H Revised May 16, 2012 Source National Flood Insurance Program Flood Insurance Rate Maps Carroll 8v Carroll 45 5436C Report Propertv Information TRANSACTIONAL HISTORY Sales History There have been no transactions in the previous three years. CURRENT STATUS Subject Listed for Sale/Under Contract The subject property is not currently listed for sale or under contract. Carroll 8v Carroll 46 5436C Report Highest and Best Use HIGHEST AND BEST USE DEFINITION For typical appraisal practice in the United States, The Dictionary of Real Estate Appraisal, Sixth Edition, published 2015 by the Appraisal Institute, defines Highest and Best Use as: The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. METHOD There are four criteria that must be met in order for a use to be the highest and best use for a given property. The highest and best use must be: • Legally permissible. • Physically Possible. • Financially feasible. • Maximally productive. Ordinarily these criteria are considered sequentially, each step narrowing the range of alternative uses being considered. ANALYSIS SITE AS THOUG VALIANT Legally Permissible: Collier County designates this property as "A" — Rural Agricultural District with a Future Land Use of Rural Fringe Mixed Use District (RFMUD) — Sending Lands and the North Belle Meade Overlay. Sending Lands are those lands within the Rural Fringe Mixed Use District that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. The subject is a legally non -conforming lot due to its small size. The zoning ordinance and future land use are consistent in identifying the property for residential uses or varying types of ancillary agricultural uses. The property can be used for agricultural purposes, a maximum of one single family home site, or as a combination of those uses. The development rights may also be severed from Sending Lands at a maximum rate of 0.2 TDR (Transfer of Development Rights) credits per acre (1 TDR Credit per five acres). The property currently has no physical or legal access, which would need to be obtained in order to improve the property. Legal access would have to be obtained from the property owner to the south and to the north through a statutory way of necessity easement. This Carroll &, Carroll 47 5436C Report Highest and Best Use would require approval from the courts, compensation to the adjacent owners for the easement, and would likely take 6 to 9 months. Physically Possible: Assuming there are no significant environmental issues, the subject could be developed as one single-family home site or some type of agricultural operation. The site is served by well and septic systems. The location, surrounding land uses, and the size of the property suggest some type of single-family use assuming legal access is able to be obtained. Financially Feasible: The financial feasibility of single-family residential development is good. The single-family residential market continues to be strong, especially new construction. Based on the number of new homes in the neighborhood, single-family residential development appears to be financially feasible. Due to the limited number of locations in Naples for agricultural uses/development, this is also a financially feasible use. These uses would require obtaining legal and physical access. Maximally Productive: The maximally productive use is that legal and physical access be obtained, and it be developed with one single-family residence or an agricultural type use. CONSIDERATION OF APPROACHES Only the sales comparison approach is appropriate for this vacant parcel. Carroll & Carroll 48 5436C Report Sales Comparison Approach SALES COMPARISON APPROACH INTRODUCTION In the sales comparison approach, the subject property is compared with similar properties that have sold recently or for which listing prices or offering prices are known. Data from generally similar properties is used, and comparisons are made to demonstrate a probable price at which the subject property would sell if offered on the market. This approach is particularly strong when comparable sales data is plentiful and there is good conformity among properties in the neighborhood. Following is the procedure to be followed in developing this approach: Research the market to gather information on sales, listings, and offers to purchase properties similar to the subject. 2. Verify the information as to factual accuracy and arm's-length market considerations. 3. Identify relevant units of comparison and develop a comparative analysis for each unit. 4. Compare the subject with comparable sale properties using elements of comparison and adjust the sale price of each comparable appropriately. 5. Reconcile the various value indicators produced from the analysis of comparables into a single value indication or a range of values. The outline above is developed in detail on the following pages. SALES DATA A search was made for sales of land comparable to the subject parcel. The intention was to find comparable sales in similar locations that offer similar functional utility. A total of seven closed sales and one current listing were identified as the best available for analysis. Price per acre of gross land area was developed as the unit of comparison, since that is the unit best suited to the analysis, and the one most often utilized by local buyers, seller, and brokers of land similar to the subject parcel. Comparable land sales data is given on the following pages. Each comparable is identified by a number which will be used for reference throughout the report. Each comparable is identified on the location map immediately following this page. Carroll & Carroll 49 96 P- "on xV wi A. I L iLn CL a Smith -Rd E ati R ich a.,J boil Way .t CL E en Cal Pis PUL11,100 .................... PH-waa. Ln 71 5436C Report Sales Comparison Approach VACAN LAN COMPARABLE 01 ADDRESS No site address, Naples, FL 34117 O. PROPERTY ID N 00291120003 SALE PRICE $20,000 UN T AREA 2.50 acres I UN T PRICE $8,000 per acre I DATE OF RECORDIN G anuary 08, 202P O.R. BOOK -PAGE 5719/1055 CON RACT DATE Unknown GRANTOR John I. Sidoti GRANTEE Collier County FIN GIN C ash to seller AN TOPO-ELEVATION L evel GROUN COVER Native Vegetation Rural Fringe Mixed Use District (RFMUD) — Sending Lands and the North Belle Meade LAN USE DESIGN ION AT D Overlay I ZON N G - Rural AgriciAtural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION The SE 1/4 of the SE 1/4 of the NW 1/4 of the SE 1/4 of Section 25, Township 49 South, Range 26 East, Collier County, Florida, with the North 30 feet subject to road and utility easements. VERIFICATION Verified with Roosevelt Leonard Sr. Review Appraiser for the Facilities Management/Real Property of Collier County. He verified the sale and the arm's-length nature. Collier County owns the adjacent 344.3 acres and they are acquiring the remaining parcels to create a unified whole. Collier County originally offered $17,000 and the seller negotiated to $20,000. The property had never been listing for sale. Carroll & Carroll 51 5436C Report Sales Comparison Approach VACAN LAN COMPARABLE 02 ADDRESS 3887 City Gate Boulevard North, Naples, FL 34117 O. PROPERTY ID N 00291080004 SALE PRICE $49,000 UN T AREA 5.00 acres I UN T PRICE $9,800 per acre I DATE OF RECORDIN G ter 21, 2019 O.R. BOOK -PAGE 5686/2252 CON RACT DATE Unknown GRANTOR Vanessa M. Uzupes GRANTEE Kirk N. Sanders FIN GIN C ash to seller AN TOPO-ELEVATION L evel GROUN COVER Native Vegetation Rural Fringe Mixed Use District (RFMUD) — Sending Lands and the North Belle Meade LAN USE DESIGN ION AT D Overlay I ZON N G - Rural AgrictAtural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES Sold June 24, 2019 for $30,000. LEGAL DESCRIPTION The NW 1/4 of the SE 1/4 of the NW 1/4 of the SE 1/4 and the NE 1/4 of the SE 1/4 of the NW 1/4 of the SE 1/4 of Section 25, Township 49 South, Range 26 East, Collier County, Florida. VERIFICATION I interviewed Roosevelt Leonard Sr., Review Appraiser for the Facilities Management/Real Property of Collier County. He verified the sale price. He said that Collier County originally wanted to purchase the property from Lawrence and Genevieve Pistori, but in compensation for the property, the Pistori s wanted to do a land swap, which Collier County was unable to perform. Instead the Pistori s transferred the property to Vanessa Uzupes and then she sold it to Kirk N. Sanders. It appears that Mr. Sanders purchased the property in hopes that Carroll & Carroll 52 5436C Report Sales Comparison Approach Collier County would pay him top dollar to buy him out. Mr. Leonard also said that Collier County sent out an offer for $50,000 or $10,000 per acre to Mr. Sanders, which was refused. Carroll 8v Carroll 53 5436C Report Sales Comparison Approach I VACAN LAN COMPARABLE 03 ADDRESS 2375 Everly Avenue, Naples, FL 34117 O. PROPERTY ID N 00340120006 SALE PRICE $60,000 UN T AREA 5.00 acres I UN T PRICE $12,000 per acre I DATE OF RECORDIN G Ma21, 2020 O.R. BOOK -PAGE 5749/3397 CON RACT DATE Unknown GRANTOR Kevin and Nancy Dey GRANTEE Collier County FIN GIN C ash to seller AN TOPO-ELEVATION L evel GROUN COVER Native Vegetation Rural Fringe Mixed Use District (RFMUD) — Sending Lands and the North Belle Meade LAN USE DESIGN ION AT D Overlay ZON N G - Rural AgrictAtural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION The SE 1/4 of the SE 1/4 of the NW 1/4 of the SE 1/4 of Section 25, Township 49 South, Range 26 East, Collier County, Florida, with the North 30 feet subject to road and utility easements. VERIFICATION Verified with Roosevelt Leonard Sr. Review Appraiser for the Facilities Management/Real Property of Collier County. He verified the sale and the arm's-length nature. Collier County owns the adjacent landfill and they are acquiring parcels to try and create a buffer. Carroll & Carroll 54 5436C Report Sales Comparison Approach VACANT LAND COMPARABLE 04 ADDRESS 3151 Inez Road, Naples, FL 34117 PROPERTY ID NO. 00336320001 SALE PRICE $60,000 UNIT AREA 5.00 acres UNIT PRICE $12,000 per acre DATE OF RECORDING September 27, 2019 O.R. BOOK -PAGE 5680/818 CONTRACT DATE June 27, 2019 GRANTOR Newton M. Davis and Tracy D. Gustilo GRANTEE Michael Narreta, Jr. FINANCING Cash to seller TOPO-ELEVATION Level GROUND COVER Partially Cleared Rural Fringe Mixed Use District (RFMUD) — Sending Lands and the North Belle Meade LAND USE DESIGNATION Overlay ZONING A - Rural Agricultural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION The NE 1/4 of the SE 1/4 of the SE 1/4 of Section 30, Township 49 South, Range 27 East, Collier County, Florida, less and except the N 1/2 thereof. VERIFICATION Verified with Bill Duffy, selling agent. He verified the sale price and the arm's-length nature. The buyer is an owner -user who plans to use the property for a single-family residence. The property was listed for $99,000 and was on the market 284 days before it went under contract. Carroll & Carroll 55 5436C Report Sales Comparison Approach I VACAN LAN COMPARABLE 05 ADDRESS 2840 Smith Road, Naples, FL 34117 O. PROPERTY ID N 00336000004 SALE PRICE $70,000 UN T AREA 5.00 acres I UN T PRICE $14,000 per acre I DATE OF RECORDIN G d1146, 2019 O.R. BOOK -PAGE 5626/278 CON RACT DATE April 4, 2019 GRANTOR Gustavo G. Garcia GRANTEE Teresa Garcia Fuente and Sanjuana Garcia Fuentes FIN GIN C ash to seller AN TOPO-ELEVATION L evel GROUN COVER Native Vegetation Rural Fringe Mixed Use District (RFMUD) — Sending Lands and the North Belle Meade LAN USE DESIGN ION AT D Overlay ZON N G - Rural AgrictAtural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES Sold 2/4/19 for $40,000 and $35,000 both on the same day. LEGAL DESCRIPTION The W 1/2 of the NW 1/4 of the NW 1/4 of the SE 1/4 of Section 30, Township 49 South, Range 27 East, Collier County, Florida. VERIFICATION Verified with Tanny Medina, selling agent. She verified the sale price and the arm's-length nature. The property was listed for $75,000 and was on the market 29 days before it went under contract. Carroll 8v Carroll 56 5436C Report Sales Comparison Approach ADDRESS O. PROPERTY ID N SALE PRICE UN T AREA UN T PRICE DATE OF RECORDIN G O.R. BOOK -PAGE CON RACT DATE GRANTOR GRANTEE FIN GIN TOPO-ELEVATION L GROUN COVER LAN USE DESIGN ION I ZON N G VACAN LAN COMPARABLE 06 Everly Avenue, Naples, FL 34117 00337920002 $81,500 5.00 acres I $16,300 per acre I November 07, 2019 5694/3964 October 14, 2019 James L. Cochrun III and Linda C. Roberts Suzanne Edith Jewett Herrmann C ash to seller AN evel Native Vegetation Rural Fringe Mixed Use District (RFMUD) — Sending Lands and the North Belle Meade Overlay - Rural AgrictAtural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION The E 1/2 of the SE 1/4 of the NW 1/4 of the NW 1/4 of Section 31, Township 49 South, Range 27 East, Collier County, Florida. VERIFICATION Verified with Kim Ellis, listing/selling agent. She verified the sale price and the arm's-length nature. The buyer is an owner -user who plans to use the property for their single-family residence. Based on an Informal Wetland Delineation -Field Inspection and Data Report conducted by Tropical Environmental Consultants, LLC, they determined the property was 100% uplands. The property was listed for $99,000 and was on the market 98 days before it went under contract. Carroll & Carroll 57 5436C Report Sales Comparison Approach I VACAN LAN COMPARABLE 07 ADDRESS 1983 Markley Avenue, Naples, FL 34117 O. PROPERTY ID N 00336160009 SALE PRICE $94,000 UN T AREA 5.00 acres I UN T PRICE $16,800 per acre I DATE OF RECORDIN G rd1142, 2019 O.R. BOOK -PAGE 5622/1005 CON RACT DATE March 22, 2019 GRANTOR Glynis D. Ivey GRANTEE Michael S. Bailey and Kara Hardesty FIN GIN C ash to seller AN TOPO-ELEVATION L evel GROUN COVER Native Vegetation Rural Fringe Mixed Use District (RFMUD) — Sending Lands and the North Belle Meade LAN USE DESIGN ION AT D Overlay ZON N G - Rural AgrictAtural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES Sold January 5, 2015 for $50,000. LEGAL DESCRIPTION The W 1/2 of the SW 1/4 of the SW 1/4 of the SE 1/4 of Section 30, Township 49 South, Range 27 East, Collier County, Florida. VERIFICATION Verified with Jess Morris, listing agent. She verified the sale price and the arm's-length nature. The property was reported to be 100% uplands. The property was most recently listed for $120,000 and was on the market 433 days before it went under contract. The original listing price was $162,900. Carroll & Carroll 0 5436C Report Sales Comparison Approach I VACAN LAN COMPARABLE 08 (LISTIN G) ADDRESS 3080 Garland Road, Naples, FL 34117 O. PROPERTY ID N 00335640009 LISTING PRICE $90,000 UN T AREA 5.00 acres I UN T PRICE $18,000 per acre I DATE OF RECORDIN G N/A O.R. BOOK -PAGE N/A CON RACT DATE N/A GRANTOR Lihua Tsang GRANTEE N/A FIN GIN C ash to seller AN TOPO-ELEVATION L evel GROUN COVER Native Vegetation Rural Fringe Mixed Use District (RFMUD) — Sending Lands and the North Belle Meade LAN USE DESIGN ION AT D Overlay ZON N G - Rural AgrictAtural IMPROVEMENTS None UTILITIES Well & Septic PRIOR SALES No sales in the previous three years. LEGAL DESCRIPTION The S 1/2 of the NW 1/4 of the SW 1/4 of the SW 1/4 of Section 30, Township 49 South, Range 27 East, Collier County, Florida. VERIFICATION Attempted to contact the seller, but my phone call was not returned. The property has been listed for sale since January 10, 2020 or 161 days with the current listing agent. The price started at $120,000 and has been reduced three times. The property was previously listed for over a year with prices ranging from $130,000 and $169,000. Carroll & Carroll 59 z a ,.O O p p O p O o o 00 O o 0 0 0 0 o CD 0O C, O O O O C N O O O O N ot a1 O O GD 75 En 75 V3 �nr� O O N 0 5. C R u .� oo oM n ° o o` o v a am mi � o y o ' w Z Z o o C7 n in cn Lei in to O O O O CDO o � 00 �--i o 0 0 0 0 o N a o O 0 O 0 Lr) W M aj o 0 0 0 Cl)L� (� aj 0000 0 0000 00 EA ¢. m H3 Y3 V3 it NO uCl) .`O1. a1 0 N . N i Cl aJ r t3 0 m d\ m m O tC". O �+ oG C O C G W z U O N i cn Cn cn Lr) Cn (n p O O O O O p en o 0 0 0 0 o M N O L'i t. CDr+ Ln M Lr] Lr) O C LO N O O p O LO N O r, y : � 00- m 00 0�0 10 N y N N O v �° mU F j x c. a C. O O O N m m A. ' O J J W Z U t� W i" i" cn cn cn Ln cn cn O O O O O O o N �O o 0 0 0 0 0 �O Lf) O �•. O ooc Lo � N O O O O N n �.. O -O. O 0 iA to C N 0 N W + � � Z U O Cl)M c i" i'a a U' Un Lr) cn cn 0 O O O O O o [+] p0 m o 0 0 0 0 o Ln '5 CD O t O O d! N 10 LO N c+� O p p p c+i N M a U o. m w ��-++r�Q)w /-a U O 00 cn in U) C4 lf) Cn cn o p O Cl p O o W 00 W o 0 0 0 0 000 M Op Op 00 Lr) rr CDO O CD CD CD G j ff3 � ad rP. Oi� [f-? p [f-? I < to u N o a o r7.1 m rn o o v o w U z U CD N W z z fn T) cn Lr) Cn fn O O O O O O O o O, 00 O o 0 0 0 0 0 0 CD p O d� a, '� 1= O O O ClO O CD 01 - zr- C-i 'O v O O ,y Fpy US ¢' m O bl� a3, Fn E O bO O U 00 v � o rn � O v� ,� � r. C ,m oo ,m w �cmm :- �00j Z U ,-, L, U Z %+ cn U') U) Lr) Cn Cn 0 0 0 0 O o 0 0 0 0 ti G O 0 o O N N Cl) Lr) N N o 0 o p O o N N * O U O N Qq ,� S�. V N pO ls� 4J m O N K3 O N EA 00 V3 00 613 O Q' O N cz �CC Ly � U a! 00 mo o F Fi Lpn G CC G w C7 Z U O LO Z Z Z in in cn d cni in in a CD•Pr bO a1 tDb (L) mow-. N is LO O O O 'C Ln m 0 �. .� 3 z z u z A� z H w a w w w u >� A Wu m O F w 9 F � o «W wH wZ W. w � � V -lei O � w G Z A c x m m w z a w U �z O u z A 2u f� � � zw��.� � a U0 � A� C4 0 Z we�F� w °� w 0�,.�� w -<u �E- w P.a Ca G v' �x w �Q�r� az z� nu P. cn 94 u as w d d w a, Cd U Cd i 5436C Report Sales Comparison Approach DISCUSSION OF ADJUSTMENTS Usually, comparable sale properties are not exactly like the subject property. If a typical buyer would perceive the difference to be significant, then adjustment(s) must be made to the comparable sales so that in the end each offers a realistic indication of value for the subject. Adjusting comparable sales is a two-step process. First, adjustments are made so that all of the comparable sales meet the standard of a "market" transaction as outlined in the definition of market value. Customarily, the first group of adjustments is made before the comparables are reduced to a common unit of comparison. Included at this stage are adjustments to bring historic sales current to the appraisal effective date. The second group of adjustments is made after an appropriate unit of comparison is chosen. These adjustments account for physical differences like location, physical characteristics and size. Sometimes adjustment is required for differences in the permitted land use (zoning) or in the availability of public service (infrastructure). When the adjustment process is complete, the unit value indications are reconciled and converted into an estimate of value for the subject. REAL PROPERTY RIGHTS CONVEYED This adjustment category is intended to account for the interest, benefits, and rights inherent in the ownership of real estate. This category reflects the impact on value caused by the fee simple versus the leased fee interest or the contract rent as opposed to market rent. • None of the comparable sales required adjustment in this category. CONDITIONS OF SALE This adjustment category is intended to account for a variety of factors that might affect the purchase price. • None of the comparable sales required adjustment in this category. BUILDING IMPROVEMENTS This category of adjustment is intended to account for the positive or negative contribution to value of building improvements included with the sale of the land. Buildings that made a positive contribution to the sale price require a negative adjustment. Buildings that were demolished and removed require a positive adjustment to account for demolition costs which are treated as part of the purchase price. • None of the comparable sales required adjustment in this category. Carroll & Carroll 61 5436C Report Sales Comparison Approach FINANCING Adjustments in this category are intended to account for unusual terms of financing that are not considered equivalent to cash or conventional financing. • None of the comparable sales required adjustment in this category. MARKET CHANGE This adjustment is intended to account for changes in value due to the ebb and flow of market forces over time. Market conditions make accurate measurement of this adjustment difficult. The land market is composed of end users so we are not seeing the pattern of investor/speculator sale and resale that lends itself to good matched paired analysis. However, a trend of increasing value is inferred by generally increasing sale prices, increasing listing prices, and shortening supply. Comparable 7 sold January 5, 2015 for $50,000 and resold April 22, 2019 for $84,000. Comparable 7 indicates a market change rate of 1.32% per month over a 52-month period. Due to the age of the initial sale, this is a high indicator. This area continues to be a desirable location for both residential and agricultural users and therefore a market change rate of 0.50% per month (6.00% annually) was applied through the appraisal effective date. LOCATION/ACCESS/EXPOSURE This category of adjustment reflects the impact on value caused by the advantages or disadvantages of a given location. • All eight comparables are located in the North Belle Meade area and are similar, however a number of them differ on legal and physical access. I researched sales in the North Belle Meade area over the past four years to extract access adjustments. All my research is included in the addendum of the report. I was able to find three paired sales to determine the adjustment for a parcel with legal access, but no physical access. The extracted adjustments indicate that a parcel without physical access will sell for $1,000 to $1,400 per acre less than a property with physical access. Based on the range, I concluded to $1,000 per acre. I was also able to find two paired sales of properties with legal and physical access and properties with no legal or physical access. The extracted adjustments indicate that a parcel without legal and physical access will sell for $4,100 to $4,300 per acre less than a Carroll & Carroll 62 5436C Report Sales Comparison Approach property with legal and physical access. Based on the range, I concluded to $4,200 per acre. Based on the difference between the two studies, a property with physical, but no legal access should sell for $3,200 ($4,200-$1,000) per acre less than one with legal and physical access. The subject has no legal or physical access. Comparable 2 was adjusted downward $1,000 per acre for its superior physical access and Comparables 4, 5, 6, 7, and 8 were adjusted downward $4,200 per acre for their superior legal and physical access. UTILITIES/INFRASTRUCTURE This category of adjustment references the availability and adequacy of the road system, the public was distribution system and the public waste water collection system of each comparable property as that compares with the same services available to the subject property. • None of the comparable sales required adjustment in this category. COMPREHENSIVE PLAN/LAND USE This category of adjustment accounts for differences in the potential land uses (Comprehensive Plan) or in the specific uses (Zoning) to which a property could be developed. Differences in value between the subject property and comparable sales might exist because their highest and best uses are different as a result of government regulation through zoning and land use controls. • None of the comparable sales required adjustment in this category. SIZE/SHAPE This category of adjustment addresses the effect on the marketability of a given property, because its physical size/shape might limit the physical utility, or because the size and term of the financial investment required of an investor/speculator is such that the unit price is reduced. • None of the comparable sales required adjustment in this category. PHYSICAL CHARACTERISTICS This category of adjustment reflects the physical aspects of a property that impact its use for development. Physical characteristics included land elevation, soil conditions, drainage characteristics, threatened or endangered plant and animal species on the property and the extent and density of covering vegetation. Carroll & Carroll 63 5436C Report Sales Comparison Approach • N ne of the comparable sales required adjustment in this category. RECAPITULATION OF DATA After making the adjustments discussed above, the comparable sales indicated the following unit values: Comparables Price Per Gross Acre of Land Area 1 $8,214 2 $9,190 3 $12,178 4 $8,325 5 $10,766 6 $12,703 7 $13,771 8 $13,800 RECONCILIATION OF DATA To arrive at a conclusion regarding the value of the subject, the comparable sales and their indications of value should be weighted according to the quality of each as a value indicator. Comparables 5, 6, and 7 are the strongest indicators of value. Although they required considerable adjustments for access, all are arm's-length transactions and were exposed to the open market. Comparables 5, 6, and 7 were weighted 25% each. Comparable 4 was also formally listed for sale and verified to be arm's-length, but it is clearly a low indicator. Comparable 4 was weighted 10%. Comparable 1 is the recent purchase of the adjacent 2.50 acres by Collier County. I typically don't incorporate government purchases because they are not purchased for an economic use, but due to its location and access/physical characteristics it was included. The land was not exposed to the market and Collier County approached the seller. The unit price is significantly less than the other sales and it received a minimal weighting of 5%. Comparable 2 is the recent sale of the adjacent 5.00 acres to the north of the subject. This sale was never exposed to the market and the motivation of the buyer is not consistent with the market. Due to the conditions surrounding the sale, Comparable 2 received a minimal weighting of 5%. Carroll & Carroll 64 5436C Report Sales Comparison Approach Comparable 3 is a recent purchase of 5.00 acres by Collier County to create a buffer along the landfill. I typically don't incorporate government purchases because they are not purchased for an economic use, but due to its location and access/physical characteristics it was included. The land was not exposed to the market and Collier County approached the seller. Although the unit price is consistent with the other stronger sales, it received a minimal weighting of 5% due to the government purchase. Comparable 8 is a current listing. I typically don't weight listings, but they tend to set an upper limit of value. The subject should be less than $13,800 per acre. The range of unit value indications is from $8,214 to $13,800 per acre. The arithmetic mean of the seven closed sales is $10,735 per acre and the median is $10,766 per acre. The weighted average discussed above yields $11,622 per acre. The average of the three strongest sales is $12,413 per acre. Based on the range of sales and giving strong consideration to Comparables 5, 6, and 7, I settled on a unit value of $12,500 per acre. ESTIMATE OF VALUE $12,500 per gross acre results in an indication of value for the subject as of June 19, 2020 of $31,250 (2.50 acres x $12,500 per acre), which rounds to $31,500. CARROLL & CARROLL Timothy W. Sunyog, MAI Cert Gen RZ3288 Carroll & Carroll 65 5436C Report ADDENDA (In Order of Appearance) Page Topic Count Page(s) Addenda Page(s) Assumptions and Limiting Conditions............................................................................ 2 FutureLand Use................................................................................................................... 13 Zoning.................................................................................................................................... 16 AccessAdjustments............................................................................................................. 1 Qualifications of Appraiser................................................................................................. 2 Carroll 8v Carroll 5436C Addenda ASSUMPTIONS AND LIMITING CONDITIONS The certification of the appraiser appearing in this report is subject to the following assumptions and limiting conditions. ACCEPTANCE OF AND/OR USE OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OF ALL GENERAL AND EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS. None None EXTRAORDINARY ASSUMPTIONS AND LIMITING CONDITIONS HYPOTHETICAL CONDITIONS GENERAL ASSUMPTIONS AND LIMITING CONDITIONS 1. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable. 2. The property is appraised free and clear of liens and encumbrances. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is assumed to be true, correct and reliable. A reasonable effort was made to verify such information, but the appraiser bears no responsibility for its accuracy. 5. All engineering is assumed to be correct. The plot plans and illustrative material is included only to assist the reader in visualizing the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that might be required to discover them. 7. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws. Carroll & Carroll 5436C Addenda 8. It is assumed that the property is either in compliance with, or is "grandfathered" or "bested" under, all applicable zoning, use regulations and restrictions. 9. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been, or can be, obtained or renewed for any use on which the value estimate is based. 10. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described, and that there is no encroachment or trespass. 11. It is assumed that the subject site and improvements are not contaminated by any hazardous material or toxic substance. During the property inspection we were sensitive to obvious signs of contamination and we reported anything unusual. However, we are not qualified to render professional opinions regarding the existence or the nature of hazardous materials in or on the subject property. If a definitive opinion is desired, then the client is urged to retain an expert in the field. 12. The distribution of the total value in this report, between land and improvements, applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 13. Possession of this report, or a copy thereof, does not carry with it the right of publication. 14. Unless previous arrangements were made, the appraisers, by reason of this appraisal, are not required to give further consultation, testimony, or to be in attendance in court. Carroll & Carroll 5436C Report Addenda Future Land Use Element as of Ordinance No. 2018-30 adopted June 12, 2018 e. At the time of rezoning, access shall be restricted as deemed appropriate so as to provide safe ingress and egress. f. At the time of rezoning, careful consideration shall be given to maximum building heights, maximum building floor area for each use or structure, maximum building floor area for the total site, landscaping and buffering requirements, building setbacks, and other site design considerations, as well as to allowable uses, so as to insure compatibility with surrounding uses and the rural character in which the Subdistrict is located. Further, since a private well and septic system will be utilized, allowable uses may be restricted so as to preclude those with high water demand (e.g. car washes) and those that utilize residual chemicals or solvents (e.g. dry cleaners). (IX) B. Rural Fringe Mixed Use District The Rural Fringe Mixed Use District is identified on Future Land Use Map. This District consists of approximately 93,600 acres, or 7% of Collier County's total land area. Significant portions of this District are adjacent to the Urban area or to the semi -rural, rapidly developing, large -lot North Golden Gate Estates platted lands. Agricultural land uses within the Rural Fringe Mixed Use District do not represent a significant portion of the County's active agricultural lands. As of the date of adoption of this Plan Amendment, the Rural Fringe Mixed Use District consists of more than 5,550 tax parcels, and includes at least 3,835 separate and distinct property owners. Alternative land use strategies have been developed for the Rural Fringe Mixed Use District, in part, to consider these existing conditions. The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The Rural Fringe Mixed Use District allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. In order to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park -like appearance from the major public rights -of -way within this area, and to protect private property rights, the following innovative planning and development techniques are required and/or encouraged within the District. (IX) 1. Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: The primary purpose of the TDR process within the Rural Fringe Mixed Use District is to establish an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential through an economically viable process of transferring such rights to other more suitable lands. Within the Rural Fringe Mixed Use District, residential density may be transferred from lands designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map, subject to the provisions below. Residential density may not be transferred either from or into areas designated as Neutral Lands through the TDR process. (XVI) = Plan Amendment by Ordinance No. 2007-78 on December 4, 2007 73 Carroll 8v Carroll 5436C Report Addenda Future Land Use Element as of Ordinance No. 2018-30 adopted June 12, 2018 c) An adjustment to the Neutral Lands boundary will not adversely affect the TDR program. (IX) C) Sending Lands: Sending Lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. 1. Sending Lands are located entirely within the Rural Fringe Mixed Use District, and are depicted on the Future Land Use Map. Based upon their location, Sending Lands are the principal target for preservation and conservation. Private Property owners of lands designated as Sending Lands may transfer density to Receiving Lands within the Rural Fringe Mixed Use District, and to lands within the Urban Designated Area subject to limitations set forth in the Density Rating System. All privately owned lands within the Rural Fringe Mixed Use District that have a Natural Resource Protection Area (NRPA) Overlay are designated Sending Lands. (XIV) 2. Base Severance Rate: Development rights may be severed from Sending Lands at a maximum rate of 0.2 TDR credits per acre (1 TDR Credit per five acres). Utilization of TDR Credits and TDR Bonus Credits in Receiving Lands may only occur in whole number increments (fractions are prohibited). In the case of legal nonconforming lots or parcels in existence as of June 22, 1999, where such lot or parcel is less than 5 acres in size, one TDR Credit may be severed from said lot or parcel. (XIV) 3. Conditions Applicable to Base and Bonus TDR Credits: a) Base TDR Credits may not be severed from Sending Lands where a conservation easement or other similar development restriction prohibits residential development. b) The severance of credits shall be recorded in public records utilizing a legal instrument determined to be appropriate by the County Attorney's Office. Said instrument shall clearly state the remaining allowable lands uses on the subject property after all, or a portion, of the residential density has been severed from the property. c) Where development rights have been severed from Sending Lands, such lands may be retained in private ownership or may be sold or deeded by gift to another entity. d) The bonus provisions set forth in subsections 4 through 6 below are applicable to properties from which TDR Credits were severed prior to and subsequent to the effective date of this amendment. e) These bonus provisions set forth in subsections 4 through 6 below are also applicable to the North Belle Meade Overlay provisions of the Future Land Use Element. f) Any Sending Lands from which TDR Credits have been severed may also be utilized for mitigation programs and associated mitigation activities and uses in conjunction with any county, state or federal permitting. g) No Conveyance Bonus Credits shall be available without provision of a plan for management and maintenance as authorized in subsection 4 below (the Environmental Restoration and Maintenance TDR Bonus). (XIV) = Plan Amendment by Ordinance No. 2005-25 on June 7, 2005 82 Carroll 8v Carroll 5436C Report Addenda Future Land Use Element as of Ordinance No. 2018-30 adopted June 12, 2018 (XIV) 4. Environmental Restoration and Maintenance TDR Bonus: One (1) additional TDR Bonus Credit may be issued to the owner of each five acre parcel or legal nonconforming lot of record. This Bonus shall be granted upon the County's acceptance of a Restoration and Management Plan (RMP) that is consistent with a listed species management plan that includes habitat management, the removal of exotics and the maintenance of the land exotic free. The property owner may contract with any of the government agencies or contractors deemed qualified by the County for implementation of the RMP. The property owner shall provide financial assurance, in the form of a performance surety bond or similar financial security acceptable to the County, that the RMP shall remain in place and be performed until the earlier of the following occurs: a) Viable and sustainable ecological and hydrological functionality has been achieved on the property as measured by the success criteria set forth in the RMP. b) The property is conveyed to a county, state or federal agency, as provided for in subsection 5 below. (XIV) 5. Conveyance TDR Bonus: A TDR Bonus Credit shall be issued to the owner of each five (5) acre parcel or legal nonconforming lot of record designated as Sending Lands, at the transfer rate of one (1) additional TDR Bonus Credit for each five acres or legal nonconforming lot of record for conveyance of fee simple title to a federal, state, or local governmental agency by gift. (XIV)(XXI) (XXX)(XLI V) 6. Early Entry TDR Bonus: An Early Entry TDR Bonus shall be available in the form of an additional one TDR Credit for each base TDR Credit severed from Sending Lands from March 5, 2004, or until September 27, 2018. Early Entry TDR Bonus Credits may be used after the termination of the bonus period. (XIV) 7. Permitted Uses: Permitted uses are limited to the following: a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right to Farm Act). b) Detached single-family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres or one dwelling unit per lot or parcel of less than 40 acres, which existed on or before June 22, 1999. For the purpose of this provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is 1) a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; or 2) a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for deed was executed prior to June 22, 1999. c) Habitat preservation and conservation uses. d) Passive parks and other passive recreational uses (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 83 Carroll 8v Carroll 5436C Report Addenda Future Land Use Element as of Ordinance No. 2018-30 adopted June 12, 2018 e) Sporting and Recreational camps, within which the lodging component shall not exceed 1 unit per 5 gross acres. (XXV)(XXX) f) Essential Services necessary to serve permitted uses identified in Section 7.a) through 7.e) such as private wells and septic tanks. (XXV) g) Essential Services as follows, necessary to serve Urban areas or the Rural Transition Water and Sewer District: utility lines, except sewer lines; sewer lines and lift stations, only if located within non-NRPA Sending Lands, and only if located within already cleared portions of existing rights -of -way or easements; and, water pumping stations and raw water wells. (XXV) h) Essential Services necessary to ensure public safety. (XXV) i) Oil and gas exploration. Where practicable, directional -drilling techniques and/or previously cleared or disturbed areas shall be utilized to minimize impacts to native habitats. 8. Conditional Uses: a) The following uses are conditionally permitted subject to approval through a public hearing process: (XIII)(XXX) (1) Essential services not identified above in 7.f). Within one year, Collier County will review essential services currently allowed in the Land Development Code and will define those uses intended to be conditionally permitted in Sending designated lands. During this one-year period or if necessary until a comprehensive plan amendment identifying conditionally permitted essential services, no conditional uses for essential services within Sending designated lands shall be approved. (2) Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. (XIII)(XXX) (3) Commercial uses accessory to permitted uses 7.a), 7.c) and 7.d), such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. (Xllq (4) Oil and gas field development and production. Where practicable, directional -drilling techniques and/or previously cleared or disturbed areas shall be utilized to minimize impacts to native habitats. (MI) (5) Facilities for resource recovery and for the collection, transfer, processing and reduction of solid waste, for a ±29 acre property located within the southwest quarter of the southwest quarter of Section 31, Township 49S, Range 27E, provided previously cleared or disturbed areas are utilized so as to avoid impacts to native habitats and to protect existing conservation easement areas from new or expanding uses. This shall not be interpreted to allow for the establishment or expansion of facilities for landfilling, dryfilling, incinerating, or other method of onsite solid waste disposal. (XXX) = Plan Amendment by Ordinance No. 2013-14 on January 8, 2013 84 Carroll 8v Carroll 5436C Report Addenda Future Land Use Element as of Ordinance No. 2018-30 adopted June 12, 2018 b) In addition to the criteria set forth in the Land Development Code, Conditional Uses shall be allowed subject to the following additional criteria: (1) The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected. This plan shall be part of the required EIS as specified in Policy 6.1.7 of the Conservation and Coastal Management Element. (2) Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. 9. Where residential density is transferred from Sending Lands, allowable uses shall be limited to the following: a) Agricultural uses consistent with Chapter 823.14(6) Florida Statutes (Florida Right to Farm Act), including water management facilities, to the extent and intensity that such operations exist at the date of any transfer of development rights. b) Cattle grazing on unimproved pasture where no clearing is required; c) Detached single-family dwelling units, including mobile homes where the Mobile Home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. (XXXVII) d) One detached dwelling unit, including mobile homes where the Mobile Home Zoning Overlay exists, per each preexisting lot or parcel of less than 40 acres. For the purpose of this provision, a preexisting lot or parcel is one that was in existence on or before June 22, 1999 and is: 1) a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; or 2) a lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which has limited fixed boundaries, for which an agreement for deed was executed prior to June 22, 1999. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per each lot or parcel. e) Habitat preservation and conservation uses. f) Passive parks and passive recreational uses. g) Essential services, as authorized in Sending Lands. h) Oil extraction and related processing, excluding earth mining. 10. Native Vegetation shall be preserved as set forth in CCME Policy 6.1.2. 11. Adjustment to the Sending Land Boundaries. For all properties designated Sending Lands where such property is contiguous to a Sending Land/Neutral Land boundary or Sending Land/Receiving Land boundary, the County will provide written notice to the property owners to advise of the opportunity to submit additional data and analysis to the County in an attempt to demonstrate a change to the boundary is warranted. Said written notice will be provided within three months of the effective date of these (XXXVII) = Plan Amendment by Ordinance No. 2015-08 on January 27, 2015 85 Carroll 8v Carroll 5436C Report Addenda Future Land Use Element as of Ordinance No. 2018-30 adopted June 12, 2018 Rural Fringe amendments. Within one year from the date these notices are sent, the County will initiate a Growth Management Plan amendment to consider boundary changes, based upon the data and analysis, as may be warranted. Under the following conditions, adjustments may be proposed to Sending Land boundaries: a) The property is contiguous to Neutral or Receiving Lands; b) Site specific environmental data submitted by the property owner, or other data obtained by the County, indicates that the subject property does not contain characteristics warranting a Sending designation; c) An adjustment to the Sending land boundary requires an amendment to the Future Land Use Map. (IX)(XV) D) Additional TDR Provisions: Collier County has amended its land development regulations to adopt a formal process for authorizing and tracking the Transfer of Development Rights. This process includes the following provisions: (xIII) 1. The establishment of a simple, expeditious process whereby private property owners may, by right, "sell" residential dwelling units from lands designated as Sending Lands. Said units (TDR Credits) may then be transferred by right to lands designated as Receiving Lands, or to Urban Lands where authorized. Once established, the TDR program shall be administratively reviewed and approved, requiring no further public hearing or Board approval if consistent with the provisions for administrative approval. (xIII) 2. The establishment of a process for tracking and recording all TDR Credits in the public records of Collier County. This shall include the identification of the entity or department responsible for on -going administration of the TDR program. In addition, the County shall consider the feasibility of establishing a "TDR Bank," to be administered by the County or some other not -far -profit governmental or quasi - governmental public agency established for this purpose. A primary objective of the TDR Bank is to make funds available to support the TDR program by offering initial minimal purchase prices of TDR Credits. (xIII) 3. Limitations and Procedures a) TDR Credits shall not be generated from Sending Lands where a conservation easement or other similar development restriction prohibits residential development. b) The generation of TDR Credits through the severance of residential density from Sending Lands shall be recorded in public records utilizing a legal instrument determined to be appropriate by the County Attorney's Office. c) Said instrument shall clearly state the remaining allowable land uses on the subject property after all, or a portion, of the residential density has been severed from the property. d) Where residential density has been severed from Sending Lands, such lands may be retained in private ownership or may be sold or deeded by gift to another entity. (XV) = Plan Amendment by Ordinance No. 2007-18 on January 25, 2007 86 Carroll 8v Carroll 5436C Report Addenda Future Land Use Element as of Ordinance No. 2018-30 adopted June 12, 2018 Rural Fringe amendments. Within one year from the date these notices are sent, the County will initiate a Growth Management Plan amendment to consider boundary changes, based upon the data and analysis, as may be warranted. Under the following conditions, adjustments may be proposed to Sending Land boundaries: a) The property is contiguous to Neutral or Receiving Lands; b) Site specific environmental data submitted by the property owner, or other data obtained by the County, indicates that the subject property does not contain characteristics warranting a Sending designation; c) An adjustment to the Sending land boundary requires an amendment to the Future Land Use Map. (IX)(XV) D) Additional TDR Provisions: Collier County has amended its land development regulations to adopt a formal process for authorizing and tracking the Transfer of Development Rights. This process includes the following provisions: (xIII) 1. The establishment of a simple, expeditious process whereby private property owners may, by right, "sell" residential dwelling units from lands designated as Sending Lands. Said units (TDR Credits) may then be transferred by right to lands designated as Receiving Lands, or to Urban Lands where authorized. Once established, the TDR program shall be administratively reviewed and approved, requiring no further public hearing or Board approval if consistent with the provisions for administrative approval. (xIII) 2. The establishment of a process for tracking and recording all TDR Credits in the public records of Collier County. This shall include the identification of the entity or department responsible for on -going administration of the TDR program. In addition, the County shall consider the feasibility of establishing a "TDR Bank," to be administered by the County or some other not -far -profit governmental or quasi - governmental public agency established for this purpose. A primary objective of the TDR Bank is to make funds available to support the TDR program by offering initial minimal purchase prices of TDR Credits. (xIII) 3. Limitations and Procedures a) TDR Credits shall not be generated from Sending Lands where a conservation easement or other similar development restriction prohibits residential development. b) The generation of TDR Credits through the severance of residential density from Sending Lands shall be recorded in public records utilizing a legal instrument determined to be appropriate by the County Attorney's Office. c) Said instrument shall clearly state the remaining allowable land uses on the subject property after all, or a portion, of the residential density has been severed from the property. d) Where residential density has been severed from Sending Lands, such lands may be retained in private ownership or may be sold or deeded by gift to another entity. (XV) = Plan Amendment by Ordinance No. 2007-18 on January 25, 2007 86 Carroll 8v Carroll 5436C Report Addenda Future Land Use Element as of Ordinance No. 2018-30 adopted June 12, 2018 4. The TDR process shall be the only mechanism to achieve increased density within Receiving Lands, excluding the Density Blending provisions of this Plan, and any density bonuses authorized in the Rural Fringe Mixed Use District. (XIII) 5. A 25-year prohibition on generating TDR Credits from any parcel, or portion thereof, within Sending Lands has been cleared for agricultural purposes after June 19, 2002. (IX) 2. Buffers Adjacent to Major Public Rights -of -way: In order to maintain and enhance the rural character within the Rural Fringe Mixed Use District, within one year of adoption of this amendment, Collier County will adopt land development regulations establishing buffering standards for developments adjacent to existing or proposed arterial and collector public roadways. These standards shall include, but are not limited to: applicability provisions, including establishing a minimum project size below which these requirements shall not apply; the degree to which water features, including water management lakes and canals, may be a part of this buffer; credits for existing native vegetation that is to be retained; and, credits toward any open space and native vegetation preservation requirements. (XIV) 3. Rural Villages: Rural Villages may be approved within the boundaries of the Rural Fringe Mixed Use District in order to: maximize the preservation of natural areas and wildlife habitat within the Rural Fringe Mixed Use District; to reduce the need for residents of the District and surrounding lands to travel to the County's Urban area for work, recreation, shopping, and education; and, to enhance the provision of limited urban and rural levels of service through economies of scale. Rural Villages shall be comprised of several neighborhoods designed in a compact nature such that a majority of residential development is within one quarter mile of Neighborhood Centers. Neighborhood Centers may include small scale service retail and office uses, and shall include a public park, square, or green. Village Centers shall be designed to serve the retail, office, civic, government uses and service needs of the residents of the village. The Village Center shall be the primary location for commercial uses. Villages shall be surrounded by a green belt in order to protect the character of the rural landscape and to provide separation between villages and the low density rural development, agricultural uses, and conservation lands that may surround the village. Villages shall be designed to include the following: a mixture of residential housing types; institutional uses; commercial uses; and, recreational uses, all of which shall serve the residents of the Village and the surrounding lands. In addition, the following criteria and conditions shall apply, except for those modifications that are identified in the North Belle Meade Overlay: (XLJV) A) Process for Approval: The Collier County Land Development Code includes provisions for the establishment of Rural Villages. These provisions establish specific development regulations, standards, and land use mix requirements. Subsequent to the creation of these provisions, applications shall be submitted in the form of a Planned Unit Development (PUD) rezone and, where applicable, in conjunction with a Development of Regional Impact (DRI) application as provided for in Chapter 380 of Florida Statutes, or in conjunction with any other Florida provisions of law that may supersede the DRI process. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 87 Carroll 8v Carroll 5436C Report Addenda Future Land Use Element as of Ordinance No. 2018-30 adopted June 12, 2018 (IX)(XXIV) B. North Belle Meade Overlay The North Belle Meade (NBM) Overlay is depicted on the FLUM. Uses shall be as provided for in Receiving, Neutral, NRPA and non-NRPA Sending Lands, except as provided herein for Neutral Lands in Section 24, Township 49 South, Range 26 East, and shown on the North Belle Meade Overlay Section 24 Map. Development and preservation standards within this Overlay shall be as provided herein. (lx)(XIII) 1. IN GENERAL The North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and west and I-75 to the south. This area, designated as the North Belle Meade Overlay, comprises ± 24 sections of land (± 15,552 acres, depending on the size of individual sections) and is depicted on the Future Land Use Map and North Belle Meade Overlay Map. The NBM Overlay area is unique to the Rural Fringe area because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the Sending Lands can and do provide valuable habitat for wildlife, including endangered species. Within the NBM Overlay area are also areas that have been previously impacted by canal construction and past clearing and agricultural practices which have altered the natural hydroperiod. The challenge for the NBM Overlay area is to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBM Overlay area. Accordingly, a more detailed and specific plan for the NBM Overlay is set forth herein. Unless otherwise specifically stated, no other Goals, Objectives and Policies of the Future Land Use Element, other than those relating to density and allowable uses, Conservation and Coastal Management Element, or Public Facilities Element in the Growth Management Plan or implementing LDRs, including specifically but not limited to wetlands and wildlife protection, shall be applicable to the NBM Overlay Receiving Lands other than this NBM Overlay Plan and its implementing LDRs. On Receiving Lands any development shall comply with the non -environmental administrative review procedures of Collier County for site development plans and platting. Within the NBM Overlay there are four distinct areas, as depicted on the Future Land Use Map and Map series, that require separate treatment based on existing conditions within this area. These areas include the Natural Resource Protection Area (NRPA), the Receiving and the Sending Areas for the transfer of development rights, and a Neutral area, which is neither a Sending nor a Receiving Area comprising two sections of land. It is the intent to perform the physical planning of the NBM Sending Lands within twelve (12) months after the effective date for Red Cockaded Woodpeckers, Greenways and Wildlife Crossings. (IX) Planning Considerations (XIII) a. Wildlife Crossing and Wildlife Corridor The County should support construction of a wildlife crossing under 1-75 connecting the NBM and South Belle Meade (SBM), and the creation of a wildlife corridor connecting the NBM with the Florida Panther National Wildlife Refuge to the east. (IX)(XIII) b. Transportation An existing access road (presently providing access to County water wells) along the northern section lines of Sections 22, 23 and 24 of Range 27 East may be maintained and improved, and an extension of Wilson Boulevard should be provided through (XXIV) = Plan Amendment by Ordinance No. 2010-49 on December 14, 2010 99 Carroll 8v Carroll 5436C Report Addenda Future Land Use Element as of Ordinance No. 2018-30 adopted June 12, 2018 Section 33, Range 27 East comprising a collector or arterial road extending to the south to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21, 28 and 27, or in the alternate a haul road along an extension of Wilson Boulevard to service earth mining activities with a connection through Sections 32 and 31 to Landfill Road. Lands required for the extension of Wilson Boulevard will be dedicated to Collier County at the time of rezoning. The right-of-way shall be a sufficient size to accommodate collector road requirements should there be a demonstrated need. Within one year of June 19, 2002, the alternative alignments for east -west roadway, connecting County Road 951 to an extension of Wilson Boulevard, shall be evaluated and assessed for the Board's consideration. The roadway's alignment shall be determined with public input and taking into consideration the following, at a minimum: 1. Usefulness as a route for truck traffic generated from any earth mining operations in NBM; 2. Usefulness as a link in the County's major roadway network; 3. Avoidance of residential neighborhoods, to the extent feasible and prudent; 4. Avoidance of environmentally sensitive wildlife habitat, wildlife corridors, or greenways, to the extent feasible and prudent; 5. The costs of construction, including any related design, permitting, and mitigation casts; and 6. The costs of acquiring necessary right-of-way. Alignments considered for such east -west roadway shall include extension of the existing Landfill Road, extension of the existing Keane and Brantley Roads, extension of the existing Green Boulevard, and any other alignment deemed feasible and prudent. In consideration of the recommended alignment, the Board shall consider the level of public benefit as provided in subparagraph 2 above in determining the proportionate publiclprivate funding in subparagraphs 5 and 6 above and the method and timing of any public resource allocation to the project. The western 114 of Sections 22 and 27 will be buffered from the NBM NRPA to the east by a buffer preservation that includes all of the eastern % of the western 114 of Sections 22 and 27, which would consist of lake excavation areas between the Wilson Boulevard extension road right-of-way and the NRPA. Other than the new and improved Wilson Boulevard extension and service haul road as described above, all new roads and improvements in the Sending Area shall be routed so as to avoid traversing publicly owned natural preserves, parks and recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, or greenways, unless there is no feasible and prudent alternative. Other than the referenced Wilson Boulevard extension and service haul road, any new roads and improvements to existing roads within sending areas shall be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish and Wildlife Conservation Commission criteria. The portion of Wilson Boulevard that traverses through the Sending Area shall be designed with aquatic species crossings and small terrestrial animal crossings. The implementing Land Development Regulations for the NBM Overlay shall address bike lanes and pedestrian pathways. (IX) = Plan Amendment by Ordinance No. 2002-32 on June 19, 2002 100 Carroll 8v Carroll 5436C Report Addenda Future Land Use Element as of Ordinance No. 2018-30 adopted June 12, 2018 (IX)(XIII) c. Greenway A NBM Greenway shall be created within the NRPA or sending lands following natural flowways, as contemplated in the Community Character Plan prepared by Dover Kohl. (IX)(XIII)(XV) d. Red Cockaded Woodpeckers (RCW) RCW nesting and foraging habitat has been mapped and used to delineate areas that are appropriately designated as Sending Lands. (IX)(Xlll)(XX)(Vil) 2. Natural Resource Protection Area The NBM Natural Resource Protection Area (NRPA) includes seven sections of lands and three partial sections or a total of ± 6,075 acres and is located in the eastern portion of the NBM Overlay. This area comprises about thirty-nine percent of the NBM Overlay. The NBM NRPA area has concentrations of wetland land cover and listed species habitat, consistent with other Rural Fringe NRPA's. This consideration combined with the fragmented ownership pattern and the state's desire to purchase significant portions of this area warrants a different level of protection than in other NRPA areas, particularly for incentives for the consolidation of lots to assist in the future preservation of lands. (IX)(XIII) Planning Considerations a. Consolidation The County should amend the Land Development Code to encourage further consolidation of small parcels. b. Public Acquisition The County and the property owners should support acquisition of privately awned land in the NBM NRPA area as a mechanism for protection. (XIII) c. Sending Area The NBM NRPA shall be designated as Sending Lands for purposes of the Transfer of Development Rights (TDR) program. (XIII) d. TDRs TDR Credits generated from the NBM NRPA may be transferred to Sections 21 and 28 and the west 114 of Sections 22 and 27, to other suitable locations within the Rural Fringe Mixed Use District, or to the Urban Area at a ratio of 1 unit per 5 acres from Sending Lands, or one unit per individual deeded parcel or lot that existed as of June 22, 1999, whichever is greater. (IX)(XI I I)(XV)(XL IV) 3. RECEIVING AREAS Within the NBM Overlay, Receiving Areas are identified for clustering of residential dwelling units, central water and sewer service, and for the transfer of development rights and comprise ± 3,368 acres in the northern and northwestern portions of the NBM Overlay. The Receiving Areas are generally located in the northern portion of NBM Overlay and are generally contiguous to Golden Gate Estates. Two sections are directly to the south of the APAC Earth Mining Operation. The Receiving Area exhibits areas of less environmental sensitivity than other portions of the NBM Overlay, because of their proximity to Golden Gate Estates and prior clearing and disturbance to the land. Within the Receiving Area of the NBM Overlay, are located Sections 21, 28 and the western quarter of Sections 22 and 27, which have been largely assembled under one property (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 101 Carroll 8v Carroll 5436C Report Addenda Future Land Use Element as of Ordinance No. 2018-30 adopted June 12, 2018 ownership. These lands are located south of the existing APAC earth mining operation and have been largely impacted by agricultural operations. The location of Sections 21 and 28 is just to the south and west of Wilson Boulevard located in the southern portion of north Golden Gate Estates. Because an earth mining operation and asphalt plant uses have existed for many years in the area, and the surrounding lands in Sections 21, 28 and the western quarters of Sections 22 and 27 are reported to contain Florida Department of Transportation grade rock for road construction, these uses are encouraged to remain and expand. However, until June 19, 2005, mining operations and an asphalt plant may be expanded only to the western half of Section 21 and shall not generate truck traffic beyond average historic levels. If by June 19, 2005, an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the Board and the mining operator for an east -west connection roadway from County Road 951 to the extension of Wilson Boulevard, mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of Sections 22 and 27 as a permitted use. If no such designation has been made by June 19, 2005, any mining operations or asphalt plant in these areas, other than continued operations on the western half of Section 21 at historic levels, shall be permitted only as a conditional use, unless the mine operator upon failure to attain Board selection of an alignment commits by June 19, 2005 to construct a private haul road by June 19, 2010 without the allocation of any public funds. The County's existing excavation and explosive regulations shall apply to all mining operations in these areas. The extension of Wilson Boulevard to the south with an ultimate connection to the vicinity of Interstate 75, will serve to alleviate traffic congestion on Golden Gate Boulevard and serve as an alternate evacuation route for Golden Gate Estates. Sufficient area for right- of-way is available at the present time for the extension of this roadway. Additional right- of-way area may be required outside of Sections 21 and 28. Because of the proximity of Sections 21 and 28 and west quarters of Sections 22 and 27 to Golden Gate Estates, as well as other locations in the NBM Overlay Receiving Area, they are at logical locations for the development of a Rural Village or Neighborhood Village Center with a mix of uses which may include clustering of residential uses and civic and institutional uses, including limited retail uses at an intersection to be established with Wilson Boulevard. (IX)(XIII) Planning Considerations a. Density Bonuses Once the maximum density of one (1) unit per acre is achieved outside of the NBM Rural Village, through the combination of base density and density obtained with TDR Credits, additional density may be achieved as follows: 1) Vegetation Retention. A density bonus of no more than 10% of the maximum density per acre shall be allowed for the retention of at least 10% of the native vegetation on site. 2) Wetlands Mitigation and Habitat Protection. A density bonus of no more than 10% of the maximum density per acre shall be allowed as provided in Policy 6.2.5(6)b of the COME. (XLIV) = Plan Amendment by Ordinance No. 2017-22 on June 13, 2017 102 Carroll 8v Carroll 5436C Report Addenda Future Land Use Element as of Ordinance No. 2018-30 adopted June 12, 2018 b. North Belle Meade Rural Village The standards for the Rural Village in the NBM Overlay Receiving Area shall be generally the same as provided for in the Rural Fringe Mixed Use District. However, because of the NBM Receiving Area's location adjacent to Estates, the NBM NRPA, and other Sending Lands, it does not have access to existing commercial uses, which should be encouraged on NBM Receiving Lands. The following exceptions shall apply: 1) The minimum gross density shall be 1.5 dwelling units per gross acre and a maximum of 3 units per gross acre. (Xii 2) A minimum of 0.5 dwelling units per acre shall be acquired through TDR Credits and TDR Bonus Credits. 3) Sidewalks shall be required on both sides of the streets in the NBM Rural Village. 4) Greenbelts shall not be required for any NBM Receiving Lands including any Rural Village. However, any Greenbelt that is provided shall be included in the calculation of open space for purposes of determining compliance with the 40% Open Space requirement. 5) Schools should be located with the NBM Rural Village whenever possible in order to minimize busing of students and to co -locate schools with public facilities and civic structures such as parks, libraries, community centers, public squares, greens, and civic areas. 6) Elementary schools shall be accessed by local streets, pedestrian and bicycle facilities, and shall be allowed in and adjacent to the Rural Village Center, provided such local streets provide adequate access as needed by the School Board. (IX)(XIII) 4. SENDING AREAS Within the NBM Overlay are ± 4,598 acres of land that are identified as Sending Areas for the transfer of development rights that are located in the western, eastern and southern portion of the study area. The Sending Areas consist of the NRPA lands and ±5 and % sections west of the Ni The sending areas are locations where residential development is discouraged. Endangered and threatened species are located within the Sending Areas, including colonies of Red Cockaded Woodpeckers. Therefore, the protection of endangered and threatened species including the protection of habitat are primary planning considerations in this area. (IX)(XIII) Planning Considerations a. TDRs Strongly encourage the transfer of development rights from the NBM Sending Areas to other locations within the Rural Fringe or NBM Overlay outside the boundary of the NRPA, or to the Urban Area. b. Habitat Protection The Goals, Objectives and Policies of the Conservation and Coastal Management Element for wildlife habitat protection shall apply to NBM Sending Lands. c. Public Acquisition The County should support the public acquisition of Sending Lands in the NBM Overlay, particularly in locations where endangered or threatened species are located. (XIV) = Plan Amendment by Ordinance No. 2005-25 on June 7, 2005 103 Carroll 8v Carroll 5436C Report Addenda A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County, are permissible as conditional uses in the A district. The A district corresponds to and implements the Agricultural/Rural land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the rural agricultural district (A). a. Permitted uses. 1. Single-family dwelling. 2. Agricultural activities, including, but not limited to: Crop raising; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native species subject to Florida Fish and Wildlife Conservation Commission permits. i. The following permitted uses shall only be allowed on parcels 20 acres in size or greater: a) dairying; b) ranching; c) poultry and egg production; d) milk production; e) livestock raising; and f) animal breeding, raising, training, stabling or kenneling. ii. On parcels less than 20 acres in size, individual property owners are not precluded from the keeping of the following for personal use and not in association with a commercial agricultural activity provided there are no open feed lots: a) Fowl or poultry, not to exceed 25 in total number; and b) Horses and livestock (except for hogs) not to exceed two such animals for each acre. Notwithstanding the above, hog(s) may be kept for a 16 week period in preparation for showing and sale at the annual Collier County Fair and/or the Immokalee Livestock show. The following standards shall apply: a) One hog per child enrolled in a 4-H Youth Development Program, Collier County Fair Program or similar program is permitted. In no case shall there be more than 2 hogs per acre. b) Premises shall be fenced and maintained in a clean, healthful, and sanitary condition. c) Premises or roofed structure used for the sheltering, feeding, or confinement of such animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from any dwelling unit on an adjacent parcel of land. d) Hog(s) shall not be returned to the property once removed for showing and/or sale. 3. Wholesale reptile breeding and raising (non -venomous), subject to the following standards: Carroll 8v Carroll 5436C Report Addenda i. Minimum 20 acre parcel size; ii. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located a minimum of 100 feet from any lot line. 4. Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries. 5. Conservation uses. 6. Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures. 7. Family care facilities, subject to section 5.05.04 8. Communications towers up to specified height, subject to section 5.05.09 9. Essential services, as set forth in section 2.01.03 10. Schools, public, including "Educational plants." Accessory uses. 1. Uses and structures that are accessory and incidental to the uses permitted as of right in the A district. 2. Farm labor housing, subject to section 5.05.03 3. Retail sale of fresh, unprocessed agricultural products, grown primarily on the property and subject to a review of traffic circulation, parking, and safety concerns pursuant to the submission of a site improvement plan as provided for in section 10.02.03 4. Packinghouse or similar agricultural processing of farm products produced on the property subject to the following restrictions: Agricultural packing, processing or similar facilities shall be located on a major or minor arterial street, or shall have access to an arterial street by a public street that does not abut properties zoned RSF-1 thru RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, MH, TTRVC and PUD or are residentially used. ii. A buffer yard of not less than 150 feet in width shall be provided along each boundary of the site which abuts any residentially zoned or used property, and shall contain an Alternative B type buffer as defined within section 4.06.00. Such buffer and buffer yard shall be in lieu of front, side, or rear yards on that portion of the lot which abuts those districts and uses identified in subsection 2.03.01 A.1.b. 4 i. above. iii. The facility shall emit no noxious, toxic, or corrosive dust, dirt, fumes, vapors, or gases which can cause damage to human health, to animals or vegetation, or to other forms of property beyond the lot line of the use creating the emission. iv. A site development plan shall be provided in accordance with section 10.02.03 5. Excavation and related processing and production subject to the following criteria: i. The activity is clearly incidental to the agricultural development of the property. ii. The affected area is within a surface water management system for agricultural use as permitted by the South Florida Water Management District (SFWMD). iii. The amount of excavated material removed from the site cannot exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards shall require conditional use approval for earthmining, pursuant to the procedures and conditions set forth in LDC section 10.08.00 and the Administrative Code. 6. Guesthouses, subject to section 5.03.03 7. Private boathouses and docks on lake, canal or waterway lots, subject to section 5.03.06 8. Use of a mobile home as a temporary residence while a permanent single-family dwelling is being constructed, subject to the following: Carroll 8v Carroll 5436C Revort Addenda i. Receipt of a temporary use permit from the Development Services Director, pursuant to section 5.04.04, that allows for use of a mobile home while a permanent single-family dwelling is being built; ii. Assurance that the temporary use permit for the mobile home will expire at the same time of the building permit for the single-family dwelling, or upon the completion of the single-family dwelling, whichever comes first; iii. Proof that prior to the issuance of a final certificate of occupancy for the single-family dwelling, the mobile home is removed from the premises; and iv. The mobile home must be removed at the termination of the permitted period. 9. Use of a mobile home as a residence in conjunction with bona fide agricultural activities subject to the following: i. The applicant shall submit a completed application to the site development review director, or his designee, for approval of a temporary use permit to utilize a mobile home as a residence in conjunction with a bona fide commercial agricultural activity as described in subsection 2.03.01 A.1.2. Included with this application shall be a conceptual plot plan of the subject property depicting the location of the proposed mobile home; the distance of the proposed mobile home to all property lines and existing or proposed structures; and, the location, acreage breakdown, type and any intended phasing plan for the bona fide agricultural activity. ii. The receipt of any and all local, state, and federal permits required for the agricultural use and/or to place the mobile home on the subject site including, but not limited to, an agricultural clearing permit, building permit(s), ST permits, and the like. iii. The use of the mobile home shall be permitted on a temporary basis only, not to exceed the duration of the bona fide commercial agricultural activity for which the mobile home is an accessory use. The initial temporary use permit may be issued for a maximum of three years, and may, upon submission of a written request accompanied by the applicable fee, be renewed annually thereafter provided that there is continuing operation of the bona fide commercial agricultural activities. iv. The applicant utilizing, for the bona fide commercial agricultural activity, a tract of land a minimum of five acres in size. Any property lying within public road rights -of -way shall not be included in the minimum acreage calculations. V. A mobile home, for which a temporary use permit in conjunction with a bona fide commercial agricultural activity is requested, shall not be located closer than 100 feet from any county highway right-of-way line, 200 feet from any state highway right-of- way, or 500 feet from any federal highway right-of-way line. 10. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or subdivision master plan for that development. Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures established in LDC section 10.08.00 and the Administrative Code. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. NOTE: "Extraction related processing and production" is not related to "Oil extraction and related processing" as defined in this Code. 2. Sawmills. 3. Zoo, aquarium, aviary, botanical garden, or other similar uses. 4. Hunting cabins. 5. Aquaculture for nonnative or exotic species, subject to Florida Fish and Wildlife Conservation Commission permits. Carroll 8v Carroll 5436C Report Addenda 6. Wholesale reptile breeding or raising (venomous) subject to the following standards; Minimum 20 acre parcel size. ii. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located at a minimum of 100 feet away from any lot line. 7. Churches. 8. Private landing strips for general aviation, subject to any relevant state and federal regulations. 9. Cemeteries. 10. Schools, private. 11. Child care centers and adult day care centers. 12. Collection and transfer sites for resource recovery. 13. Communication towers above specified height, subject to section 5.05.09 14. Social and fraternal organizations. 15. Veterinary clinic. 16. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to § 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care retirement communities pursuant to § 651 F.S. and ch. 4-193 F.A.C., all subject to section 5.05.04 when located within the Urban Designated Area on the Future Land Use Map to the Collier County Growth Management Plan. 17. Golf courses and/or golf driving ranges. 18. Oil and gas field development and production subject to state field development permits. 19. Sports instructional schools and camps. 20. Sporting and recreational camps. 21. Retail plant nurseries subject to the following conditions: i. Retail sales shall be limited primarily to the sale of plants, decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required for the planting or maintenance of said plants. ii. Additionally, the sale of fresh produce is permissible at retail plant nurseries as an incidental use of the property as a retail plant nursery. iii. The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. 22. Asphaltic and concrete batch making plants subject to the following conditions: i. Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management plan. ii. The minimum site area shall not be less than ten acres. iii. Principal access shall be from a street designated collector or higher classification. iv. Raw materials storage, plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. v. The height of raw material storage facilities shall not exceed a height of fifty (50) feet. vi. Hours of operation shall be limited to two (2) hours before sunrise to sunset. vii. The minimum setback from the principal road frontage shall be 150 feet for operational facilities and seventy-five (75) feet for supporting administrative offices and associated parking. Carroll 8v Carroll 5436C Addenda viii. An earthen berm achieving a vertical height of eight feet or equivalent vegetative screen with eighty (80) percent opacity one (1) year after issuance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. ix. The plant should not be located within the Greenline Area of Concern for the Florida State Park System as established by the Department of Environmental Protection (DEP): within the Area of Critical State Concern as depicted on the Future Land Use Map GMP; within 1,000 feet of a natural reservation; or within any County, State or federal jurisdictional wetland area. 23. Cultural, ecological, or recreational facilities that provide opportunities for educational experience, eco-tourism or agri-tourism and their related modes of transporting participants, viewers or patrons where applicable, subject to all applicable federal, state and local permits. Tour operations, such as, but not limited to airboats, swamp buggies, horses and similar modes of transportation, shall be subject to the following criteria: i. Permits or letters of exemption from the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District shall be presented to the planning services director prior to site development plan approval. ii. The petitioner shall post the property along the entire property line with no trespassing signs approximately every 300 yards. iii. The petitioner shall utilize only trails identified and approved on the site development plan. Any existing trails shall be utilized before the establishment of new trails. iv. Motor vehicles shall be equipped with engines which include spark arrestors and mufflers designed to reduce noise. v. The maximum size of any vehicle, the number of vehicles, and the passenger capacity of any vehicle shall be determined by the board of zoning appeals during the conditional use process. vi. Motor vehicles shall be permitted to operate during daylight hours which means, one hour after sunrise to one hour before sunset. vii. Molestation of wildlife, including feeding, shall be prohibited. viii. Vehicles shall comply with state and United States Coast Guard regulations, if applicable. ix. The board of zoning appeals shall review such a conditional use for tour operations, annually. If during the review, at an advertised public hearing, it is determined by the board of zoning appeals that the tour operation is detrimental to the environment, and no adequate corrective action has been taken by the petitioner, the board of zoning appeals may rescind the conditional use. 24. Agricultural activities on parcels less than 20 acres in size: i. animal breeding, raising, training, stabling, or kenneling. ii. dairying; iii. livestock raising; iv. milk production; v. poultry and egg production; and vi. ranching. 25. The commercial production, raising or breeding of exotic animals, other than animals typically used for agricultural purposes or production, subject to the following standards: Minimum 20 acre parcel size. ii. Any roofed structure used for the shelter and/or feeding of such animals shall be located a minimum of 100 feet from any lot line. 26. Essential services, as set forth in subsection 2.01.03 G. Carroll 8v Carroll 5436C Report Addenda 27. Model homes and m del sales centers, subject to compliance with all other LDC requirements, to include but not limited to section 5.04.04 28. Ancillary plants. d. Prohibited uses. 1. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: a) Fighting or baiting any animal by the owner of such facility or any other person or entity. b) Raising any animal or animals intended to be ultimately used or used for fighting or baiting purposes. c) For purposes of this subsection, the term baiting is defined as set forth in § 828.122(2)(a), F.S., as it may be amended from time to time. Carroll 8v Carroll 5436C Addenda A. Rural Fringe Mixed -Use District (RFMU District). Purpose and scope. The purpose and intent of the RFMU district is to provide a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The RFMU district employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMU district allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the RFMU district. The innovative planning and development techniques which are required and/or encouraged within the RFMU district were developed to preserve existing natural resources, including habitat for listed species, to retain a rural, pastoral, or park -like appearance from the major public rights -of -way, and to protect private property rights. a. Establishment of RFMU Zoning Overlay District. In order to implement the RFMU designation in the Future Land Use Element (FLUE) of the GMP, the RFMU District shall be designated as "RFMUO" on the Official Zoning Atlas and is hereby established. The County -wide Future Land Use Map is located in the Future Land Use Element of the GMP or can be obtained at the Community Development Building, located at 2800 N. Horseshoe Drive, Naples, FL 34104. The lands included in the RFMU District and to which this section 2.03.08 apply are depicted by the following map: Carroll 8v Carroll 5436C Report Addenda RURAL FRINGE AREAS LEE COUKTY ---E MMOKALEE ROAD W 3 O GS umnu couHN IIMMOKALEE RD. rt RANDALL BLVD GOLDEN GATE BOULEVARD b. Exemptions. The requirements of this section shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include those uses for which all required permits were issued prior to June 19, 2002, and projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002, or land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. Hereafter, such previously approved development s shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the RFMU district, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed consistent with the Plan's Goals, Policies and Objectives for the RFMU district as long as they do not result in an increase in development density or intensity. Carroll 8v Carroll 5436C Report Addenda c. Ordinance superceded. Ordinance Number 98-17 is hereby expressly superceded. Any development in the area formerly subject to that ordinance shall henceforth conform to the provisions of this Section and all other provisions of this Code that are applicable to development within the RFMU district. 4. RFMU sending lands. RFMU sending lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in section 2.03.07 DA.c. All NRPAs within the RFMU district are also RFMU sending lands. With the exception of specific provisions applicable only to NBMO neutral lands, the following standards shall apply within all RFMU sending lands: a. Allowable uses where TDR credits have not been severed. (1) Uses Permitted as of Right: (a) Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act). (b) Detached single-family dwelling units, including mobile homes where the mobile home Zoning Overlay exists, (c) Habitat preservation and conservation uses. (d) Passive parks and other passive recreational uses (e) Sporting and Recreational camps, within which the lodging component shall not exceed 1 unit per 5 gross acres. (f) Those essential services identified in section 2.01.03(B). (g) Oil and gas exploration, subject to applicable state and federal drilling permits and Collier County non -environmental site development plan review procedures. Directional - drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as such rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (2) Accessory uses. Accessory uses and structures that are accessory and incidental to uses permitted as of right in section 2.03.08 (A)(2)(a)(1) above. (3) Conditional uses. (a) Those essential services identified in section 2.01.03 G.2. (b) Public facilities, including solid waste and resource recovery facilities, and public vehicle and equipment storage and repair facilities, shall be permitted within Section 25, Township 49S, Range 26E, on lands adjacent to the existing County landfill. This shall not be interpreted to allow for the expansion of the landfill into Section 25 for the purpose of solid waste disposal. (c) Oil and gas field development and production, subject to applicable state and federal field development permits and Collier County non -environmental site development plan review procedures. Directional -drilling and/or previously cleared or disturbed areas shall Carroll 8v Carroll 5436C Revort Addenda be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (d) Commercial uses accessory to permitted uses 1.a, 1.c. and 1.d above, such as retail sales of produce accessory to farming, or a restaurant accessory to a park or preserve, so long as restrictions or limitations are imposed to insure the commercial use functions as an accessory, subordinate use. Uses allowed where TDR credits have been severed. (1) Uses Permitted as of Right: (a) Agricultural uses consistent with Sections 163.3162 and 823.14(6) Florida Statutes (Florida Right to Farm Act), including water management facilities, to the extent and intensity that such operations exist at the date of any transfer of development rights. (b) Cattle grazing on unimproved pasture where no clearing is required; (c) Detached single-family dwelling units, including mobile homes where the mobile home Zoning Overlay exists, at a maximum density of one dwelling unit per 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per 40 acres. (d) One detached dwelling unit, including mobile homes where the mobile home zoning overlay exists, per lot or parcel in existence as of June 22, 1999, that is less than 40 acres. In order to retain these development rights after any transfer, up to one dwelling must be retained (not transferred) per each lot or parcel. For the purposes of this provision, a lot or parcel shall be deemed to have been in existence as of June 22, 1999, upon a showing of any of the following: the lot or parcel is part of a subdivision that was recorded in the public records of the County on or before June 22, 1999; a description of the lot or parcel, by metes and bounds or other specific legal description, was recorded in the public records of the County on or before June 22, 1999; or iii. an agreement for deed for the lot or parcel, which includes description of the lot or parcel by limited fixed boundary, was executed on or before June 22, 1999. (e) Habitat preservation and conservation uses. (f) Passive parks and passive recreational uses. (g) Those essential services identified in section 2.01.03 B. (h) Oil and gas exploration, subject to applicable state and federal drilling permits and Collier County non -environmental site development plan review procedures. Directional - drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, Carroll 8v Carroll 5436C Revort Addenda 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (i) Mitigation in conjunction with any County, state, or federal permitting. (2) Conditional uses: (a) Those Essential Uses identified in section 2.01.03 G.2 (b) Oil and gas field development and production, subject to applicable state and federal field development permits and Collier County non -environmental site development plan review procedures. Directional -drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on Oct. 3, 2005 [the effective date of this provision], regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (c) Conditional use approval criteria: In addition to the criteria set forth in section 10.08.00 of this Code, the following additional criteria shall apply to the approval of conditional uses within RFMU sending lands: i. The applicant shall submit a plan for development that demonstrates that wetlands, listed species and their habitat are adequately protected as specified in Chapters 3, 4 and 10. ii. Conditions may be imposed, as deemed appropriate, to limit the size, location, and access to the conditional use. c. Density. (1) 1.0 dwelling units per 40 gross acres; or (2) 1.0 dwelling unit per nonconforming lot or parcel in existence as of June 22, 1999. For the purpose of this provision, a lot or parcel which is deemed to have been in existence on or before June 22, 1999 is: (a) A lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; (b) A lot or parcel which has limited fixed boundaries, described by metes and bounds or other specific legal description, the description of which has been recorded in the public records of Collier County Florida on or before June 22, 1999; or Carroll 8v Carroll 5436C Report Addenda (c) A lot or parcel which has limited fixed boundaries and for which an agreement for deed was executed prior to June 22, 1999. d. Native vegetation retention. As required in Chapter 4 e. Other dimensional design standards. Dimensional standards set forth in section 4.02.01 of this Code shall apply to all development in Sending designated lands of the RFMU district, except as follows: (1) Lot Area and Width. (a) Minimum lot Area: 40 acres. (b) Minimum lot Width: 300 Feet. (2) Parking. As required in Chapter 4 (3) Landscaping. As required in Chapter 4 (4) Signs. As required in section 5.06.00 5. Specific vegetation standards for the RFMU district. For these specific standards, please refer to section 3.05.07 C. through 3.05.07 E. of this Code. Carroll 8v Carroll 5436C Report Addenda C. North Belle Meade Overlay District (NBMO). Purpose and intent. The North Belle Meade Overlay (NBMO) is unique to the RFMU district because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, the NBMO can and does provide valuable habitat for wildlife, including endangered species. The NBMO is intended to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO. 2. General location. The NBMO District is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. This NBMO comprises some 24 sections of land (approximately 15,550 acres) located entirely within the RFMU District (section 2.03.08 A.). The boundaries of the NBMO District are outlined in Illustration 2.03.08 D.2.A below and on the North Belle Meade Overlay Map in the Future Land Use Element of the GMP. NORTH BELLE MEADE OVERLAY DISTRICT LEGEND Illustration 2.03.08 D.2.A. 3. Applicability: a. NBMO receiving lands. Permitted, conditional, and accessory uses within NBMO Receiving Lands shall be as set forth in section 2.03.08 (A)(2), except as provided in section 2.03.08 (D)(5). All other provisions of this Code that implement the Future Land Use Element, Conservation and Coastal Management Element, or Public Facilities Element, including but not limited to Chapters 3, 4 and 10, shall only be applicable to development in NBMO Receiving Lands to the extent specifically stated in this section. However, all development within NBMO Receiving Lands shall comply with all non -environmental review procedures for site development plans and platting as set forth in this Code. b. NBMO neutral lands. Except as otherwise specifically provided in section 2.03.08 DA. and section 2.03.08 D.5.b., all development within NBMO neutral lands shall be consistent with section 2.03.08 A.3. Carroll 8v Carroll 5436C Report Addenda c. NBMO sending lands. Except as otherwise specifically provided in section 2.03.08 DA., all development with NBMO Sending Lands shall be consistent with section 2.03.08 A.4. 4. General planning and design considerations: a. Transportation. As a condition for the approval of the residential component of any subdivision plat, site development plan, PUD, or DRI within Sections 21, 28, or 27 of the NBMO, the following transportation related improvements and planning and design elements shall be addressed and provision made for their completion. An extension of Wilson Boulevard shall be provided, including ROW dedication and construction to County collector road standards, through Section 33, Range 27 East, extending to the south to Interstate 75 via an interchange or service road for residential development should it commence in Sections 21, 28 and 27. The portion of Wilson Boulevard that traverses through NBMO Sending Lands shall be designed with aquatic species crossings and small terrestrial animal crossings. As an alternative to (1) above, a haul road along an extension of Wilson Boulevard shall be improved to standards sufficient, in the opinion of County transportation staff, to safely serve earth-minina activities with a connection throuah Sections 32 and 31 to Landfill Road. (3) Lands required for the extension of Wilson Boulevard will be dedicated to Collier County at the time of rezoning. The right-of-way shall be of a sufficient size to accommodate collector road requirements. (4) All new roads and road improvements, other than the Wilson Boulevard extension and the haul road referenced in 2 above, shall: (a) be routed so as to avoid traversing publicly owned natural preserves, publicly owned Parks, publicly owned recreation areas, areas identified as environmentally sensitive wildlife habitat, wildlife corridors, and greenways unless there is no feasible and prudent alternative; and (b) be designed with aquatic species crossings, small terrestrial animal crossings, and large terrestrial animal crossings pursuant to Florida Fish and Wildlife Conservation Commission criteria. Buffering. The western '/4 of Sections 22 and 27 shall be buffered from the NBMO NRPA to the east by a buffer preservation that includes all of the eastern '/2 of the western '/4 of Sections 22 and 27. This buffer shall consist of lake excavation areas between the Wilson Boulevard extension road right-of-way and the NRPA. c. Greenway. A Greenwav that follows natural flowways, as contemplated in the Community Character Plan prepared by Dover Kohl, shall be created within NBMO Sending Lands. As a condition to the creation of TDR credits from NBMO Sending Lands that constitute natural flowways. such lands shall be dedicated to a public or private entitv for use as part of the Greenway. 5. Additional specific area provisions. a. Receiving lands. (1) Density. a) The base density in RFMU receiving lands, outside of a rural village is one dwelling unit per five (5) gross acres. (b) This density may be increased, through TDR credits and TDR Bonus Credits, up to a maximum of 1 dwelling unit per gross acre. (c) Once a density of 1 dwelling unit per gross acre is achieved through TDR credits and TDR Bonus Credits, additional density may be achieved as follows: i. 0.1 dwelling unit per acre for each acre of native vegetation preserved on -site; ii. 0.1 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Management District's Unified Wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on -site; and/or Carroll 8v Carroll 5436C Report Addenda iii. 0.1 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. (2) The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: (a) Until June 19, 2005, or such other date as the GMP is amended to provide, such uses may expand only into the western half of Section 21 and shall not generate truck traffic beyond average historic levels. (b) Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occurs by June 19, 2005, or such other date as the GMP is amended to provide: an alignment has been selected, funding has been determined, and an accelerated construction schedule established by the BCC and the mine operator, for an east - west connector roadway between County Road 951 and the Wilson Boulevard extension: or ii. the mine operator commits to construct a private haul road by June 19, 2007, or such other date as the GMP is amended to provide, without the use of any public funds. (c) If the conditions for expansion set forth in b above are not satisfied, any mining operations or asphalt plant in these areas, other than continued operations on the western half of Section 21 at historic levels, shall be permitted only as a conditional use. (3) A greenbelt is not required for any development in NBMO Receiving Lands, whether inside or outside of a rural village. However, any greenbelt that is provided in a NBMO rural village shall be included in the calculation of open space. (4) NBMO rural village. A NBMO rural village shall adhere to the provisions for rural village set forth in section 2.03.08 (A)(2)(b), except as follows: (a) Density. An NBMO rural village shall have a minimum gross density of 1.5 dwelling units per acre and a maximum gross density of three (3) dwelling units per acre. i. The minimum required density shall be achieved through TDR credits, TDR Bonus Credits, and Rural Village Bonus credits, as provided in section 2.03.08 A.2.b.(3)(C). ii. Once the minimum required density is achieved, additional density may be achieved, up to the maximum of three (3) dwelling units per gross acre through any one or combination of the following: a) TDR credits; b) TDR Bonus Credits; c) 0.3 dwelling unit per acre for each acre of native vegetation preserved on -site; d) 0.3 dwelling unit per acre for each acre of wetlands having a functionality value, as assessed using the South Florida Water Management District's Unified wetlands Mitigation Assessment Method, of 0.65 or greater that are preserved on -site; and/or e) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is within either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public or private entity for conservation use. (b) Sidewalks shall be required on both sides of the streets. (c) Interconnected bike lanes shall be provided on all collector and arterial roadways. (d) Schools shall be located within a NBMO rural village whenever possible, in order to minimize bussing of students. Furthermore, whenever possible, schools shall be co - located with other public facilities and civic structures, such as parks, libraries, community centers, public squares, preens, and civic areas. Carroll 8v Carroll 5436C Revort Addenda (e) Elementary schools shall be accessible by local streets and pedestrian and bicycle facilities and shall be located in or adjacent to the rural village center, provided that local streets provide access adequate to meets the needs of the School Board. b. Neutral lands. Neutral lands shall be governed by the standards set forth in section 2.03.08 (A)(3), with the exception that, in those neutral lands located in Section 24, Township 49 South, Range 26 East, a minimum of 70% of the native vegetation present shall be preserved. (Ord. No. 04-72, 3.F; Ord. No. 05-27, 3.E; Ord. No. 05-49, 3.B; Ord. No. 07-67, 3.E; Ord. No. 08-08, 3.C; Ord. No. 12-38, § 3.C) Carroll 8v Carroll 5436C Report ACCESS ADJUSTMENTS Addenda Address Parcel No. Legal Access Physical Access Gross Acres Sale Date Sale Price Price/Acre Difference/Acre 2280 Everly Avenue 00337200007 Yes Yes 5.00 07/15/16 $40,000 $8,000.00 1840 Everly Avenue 00336960005 Yes Yes 5.00 08/10/16 $40,000 $8,000.00 $1,000.00 Kearney Avenue 00336040006 Yes No 5.00 12/28/16 $35,000 $7,000.00 1670 Markley Avenue 00339200005 Yes Yes 5.00 09/26/17 $27,000 $5,400.00 $1,400.00 Everly Avenue 00337880003 Yes No 5.00 12/28/17 $20,000 $4,000.00 Smith Road 00340600005 Yes Yes 5.00 02/22/18 $47,500 $9,500.00 $1,000.00 !arney Avenue 00332760005 Yes No 5.00 02/27/18 $42,500 $8,500.00 Address Parcel No. Legal Access Physical Access Gross Acres Sale Date Sale Price Price/Acre Difference/Acre Smith Road 00340600005 Yes Yes 5.00 02/22/18 $47,500 $9,500.00 $4,100.00 Crawford 00339400009 No No 5.00 02/28/18 $27,000 $5,400.00 Everly Avenue 00337920002 Yes Yes 5.00 11/07/19 $81,500 $16,300.00 $4,300.00 2375 Everly Avenue 00340120006 No No 5.00 03/21/20 $60,000 $12,000.00 Carroll & Carroll 5436C Report Addenda P' Carroll & Carroll Real Estate Appraisers & Consultants Timothy W. Sunyog, MAI CERTGEN RZ3288 PROFESSIONAL RECOGNITION State -Certified General Real Estate Appraiser RZ3288 Earned 12-15-08 MAI Designation Appraisal Institute Earned 06-24-15 PROFESSIONAL EXPERIENCE Carroll & Carroll Appraisers & Consultants, LLC, Naples, FL — Principal/Full Time Commercial Real Estate Appraiser, January 2018 - Present Carroll & Carroll, Inc., Naples, FL, Full Time Commercial Real Estate Appraiser, August 2005 -August 2006 & July 2007— December 2017 Realvest Appraisal Services, Inc., Maitland, FL, Associate Appraiser, September 2006 - June 2007 UBS Financial Services Inc., Orlando, FL., Investments intern, Fall 2003 Florida Real Estate Sales Associate - February 2014 — Present EDUCATION RDlllns College, Bachelor of Arts — Economics - May 2004 Argus Valuation — DCF Training, February 2012 Continuing Education —Tim Sunyog has met the continuing education requirements of the State of Florida and the Appraisal Institute PROFESSIONAL ASSOCIATIONS Appraisal Institute — Florida Gulf Coast Chapter (Secretary) Appraisal Institute — Leadership Development & Advisory Council (LDAC) Naples Area Board of Realtors CIVIC INVOLVEMENT Education Foundation — Connect Now Initiative Relay for Life Naples Junior Chamber PRACTICE INCLUDES ASSIGNMENTS INVOLVING Vacant Land Multifamily Properties Office Buildings Subdivisions Ad Valorem Tax Analysis Agricultural Properties Commercial Condos Retail Centers Buy/Sell Decisions Litigation Churches Industrial Buildings Restaurants Self -Storage Facilities Estate Settlement Carroll && Carroll 5436C Addenda RICK SCOTT, GOVERNOR JONATHAN 7ACHFM, dbplr STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BD THE CERTIFIED GENERAL APPRAISER HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 475, FLORIDA STATUTES SUNYOG, TIMOTHY WILLIAM a 2805 HORSESHOE DRIVE SOUTH SUITE 1004a`:_i� NAPLES FL 34104 LICENSE NUMBER: RZ3288 EXPIRATION DATE: NOVEMBER 30, 2020 Always verify licenses online at MyFloridaLicense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. Carroll & Carroll