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Agenda 04/27/2021 Item #17B (Ordinance: Mobile Home Overlay/NC Square MPUD)17.B 04/27/2021 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Rural Agricultural zoning district within the Mobile Home Overlay and the Rural Fringe Mixed Use District Overlay -Receiving Lands to the Mixed Use Planned Unit Development (MPUD) within the Rural Fringe Mixed Use District Overlay -Receiving Lands for a project known as NC Square MPUD, to allow up to 44,400 square feet of commercial uses, a 12,000 square foot daycare, and a minimum of 120 and a maximum of 129 dwelling units with an affordable housing agreement. The property is located at the southwest corner of Immokalee Road and Catawba Street approximately 1.6 miles west of Wilson Boulevard in Section 29, Township 48 South, Range 27 East, Collier County, Florida, consisting of 24.4f acres; and by providing an effective date. (This is a Companion item to Agenda Item 17.A) OBJECTIVE: To have the Board of County Commissioners (Board) review staff s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above -referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner proposes rezoning 24.4f acres from the Rural Agricultural (A) zoning district within the Mobile Home Overlay (MHO) and the Rural Fringe Mixed Use District Overlay -Receiving Lands (RFMUO) to the Mixed -Use Planned Unit Development (MPUD) for a project known as NC Square MPUD. The project will allow up to 44,400 square feet of commercial uses, a 12,000 square foot daycare, and a maximum of 129 dwelling units (5.3 residential dwelling units per acre) by providing affordable housing. See Attachment A - Proposed PUD Ordinance. The proposed NC Square MPUD, along with the companion Growth Management Plan Amendment (GMPA), will allow an increase in residential density, from the otherwise base density of one unit per five acres, to a maximum of 129 residential units (5.3 units per acre). The Master Plan, located on page 3 of this Staff Report, depicts the area of proposed mixed -use (commercial and residential development), vehicular circulation, preserve areas, and water management areas. The Master Plan also shows that 3.99f acres will be commercial area, 9.80f acres will be residential area, and 6.20f acres will be preserve. A minimum of 30% open space has been provided. To the north of the subject PUD is Immokalee Road and the residential golf community of Twin Eagles. To the east is Catawba Street and undeveloped land a developed landscape nursery. To the south is a landscape nursery and developing residential properties. To the west is developing residential property. The proposed PUD boundary setback for commercial principal and accessory land uses is 50 feet and 25 feet from Immokalee Road, and 50 feet and 20 feet from Catawba Street. The proposed PUD boundary setback for commercial principal and accessory land uses are 30 feet and 15 feet from the southern boundary. The proposed PUD boundary setback for residential principal and accessory land uses is 200 feet and 25 feet from Immokalee Road and 30 feet and 15 feet from the western PUD boundary. Packet Pg. 1584 17.B 04/27/2021 The petitioner proposes a maximum zoned height of 35 feet and an actual building height of 42 feet for commercial buildings and townhouses, and a maximum zoned building height of 40 feet and an actual building height of 47 feet for multi -family buildings. There is a proposed 20-foot wide Type D Landscape Buffer (trees at 30 feet on center and a 2-foot height hedge) and preserve area along Immokalee Road and Catawba Road. A 10-foot wide Type A Landscape Buffer (trees at 30 feet on center) is proposed along the landscape business to the south and east. A 15- foot wide Type B Landscape Buffer (trees at 25 feet on center and a 6-foot high hedge, fence or wall) and preserve areas are proposed along the residential development to the west. There is one proposed deviation related to preserve standards. For further information, please see the Deviation Section of the attached Staff Report on page 16. Affordable Housing Review Staff has reviewed the petition and accompanying Affordable Housing Agreement. The application seeks a density bonus of 1.3 units per acre in exchange for providing 100% of the residential units (129 units) as owner -occupied housing affordable to households as follows: • Approximately 65 of the 129 units provided to those earning no more than 140% of the Area Median Income of Collier County (the "Gap" income category). • Approximately 64 of the 129 units be provided for those earning no more than 120% of the Area Median Income (the "Moderate" income category). • The Developer is requesting to have the option of swapping up to twenty percent (20%) of the Gap units for additional Moderate units or vice -versa. The units restricted under this agreement will remain affordable for a period of 30 years from the date of issuance of Certificate of Occupancy. Community and Human Services Division recommends approval of this project and the associated Affordable Housing Agreement (see Attachment A-1- Affordable Housing Agreement). FISCAL IMPACT: The PUD Rezone (PUDR) by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build -out, will maximize its authorized level of development. However, if the PUD Rezone is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning staff has reviewed the proposed PUDA and has found it consistent with the Future Land Use Element (FLUE) of the GMP subject to the adoption of the companion GMPA-PL20180002233, NC Square Mixed -Use Overlay. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC, heard Petition PUDR-PL20180002234, NC Square MPUD on March 18, 2021, and voted 7-0 to forward Packet Pg. 1585 17.B 04/27/2021 this petition to the Board with a recommendation of approval subject to a minimum of 120 dwelling units. The requested change has been made. See Attachment A - Proposed PUD Ordinance. No letters of objection have been received. Therefore, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS AS TO THE REZONE: This is a rezone to a Mixed Use Planned Unit Development (MPUD) Zoning District for a project which will be known as the NC Square MPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for MPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed MPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with MPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed MPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested MPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or Packet Pg. 1586 04/27/2021 17.B projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed MPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.11], as amended. 26. Are there other factors, standards, or criteria relating to the MPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons, and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and legality and requires an affirmative vote of four for Board approval. (HFAC) LEGAL CONSIDERATIONS AS TO THE AFFORDABLE HOUSING AGREEMENT: The Affordable Housing Density Bonus Agreement is approved for form and legality and requires a majority vote for Board action. However if the proposed Ordinance does not receive the required affirmative vote of four the consideration of the Affordable Housing Density Bonus Agreement becomes moot. - JAB RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approve the request for Petition PUDR-PL20180002234, NC Square MPUD. Staff also recommends approval of the Affordable Housing Agreement. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report NC Square MPUD 3-3-21 (PDF) 2. Attachment A -Proposed Ordinance - 032421 (PDF) 3. Affordable Housing Agreement 4-7-21 (PDF) 4. [Linked] Attachment B-Application (PDF) 5. RES 2018-40 Expedited Review for Affordable Housing (PDF) Packet Pg. 1587 17.B 04/27/2021 6. NC Square Fast Track Certificate (PDF) 7. Virtual Hearing Waiver 2-23-21(PDF) 8. legal ad - Agenda ID 15376 (PDF) Packet Pg. 1588 04/27/2021 17.B COLLIER COUNTY Board of County Commissioners Item Number: 17.B Doc ID: 15376 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Rural Agricultural zoning district within the Mobile Home Overlay and the Rural Fringe Mixed Use District Overlay -Receiving Lands to the Mixed Use Planned Unit Development (MPUD) within the Rural Fringe Mixed Use District Overlay -Receiving Lands for a project known as NC Square MPUD, to allow up to 44,400 square feet of commercial uses, a 12,000 square foot daycare, and a minimum of 120 and a maximum of 129 dwelling units with an affordable housing agreement. The property is located at the southwest corner of Immokalee Road and Catawba Street approximately 1.6 miles west of Wilson Boulevard in Section 29, Township 48 South, Range 27 East, Collier County, Florida, consisting of 24.4f acres; and by providing an effective date. (This is a Companion item to Agenda Item 17.A) Meeting Date: 04/27/2021 Prepared by: Title: Planner, Principal — Zoning Name: Nancy Gundlach 03/22/2021 2:58 PM Submitted by: Title: Planner, Principal — Zoning Name: Anita Jenkins 03/22/2021 2:58 PM Approved By: Review: Growth Management Department Zoning Zoning Growth Management Department County Attorney's Office County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget Jeanne Marcella Level 1 Reviewer Ray Bellows Additional Reviewer Anita Jenkins Zoning Director Review Thaddeus Cohen Department Head Review Heidi Ashton-Cicko Level 2 Attorney of Record Review Jennifer Belpedio Additional Reviewer Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Completed 03/24/2021 10:08 AM Completed 03/24/2021 5:37 PM Completed 03/25/2021 3:00 PM Completed 03/26/2021 1:29 PM Completed 04/12/2021 9:35 AM Completed 04/15/2021 9:34 AM Completed 04/15/2021 9:45 AM Completed 04/15/2021 3:10 PM Completed 04/15/2021 4:27 PM Packet Pg. 1589 17.B 04/27/2021 County Manager's Office Board of County Commissioners Dan Rodriguez Level 4 County Manager Review Mary,lo Brock Meeting Pending Completed 04/20/2021 8:27 AM 04/27/2021 9:00 AM Packet Pg. 1590 17.B.1 Coibe' r County �- STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: MARCH 18, 2021 SUBJECT: PUDR-PL20180002234, NC SQUARE MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) (COMPANION ITEM TO GMPA- PL20180002233, NC SQUARE MIXED -USE OVERLAY) PROPERTY OWNER/APPLICANT AND AGENTS: Property Owner/Applicant: Immokalee Square, LLC 2055 Trade Center Way Naples, FL 34109 Agents: Jessica Harrelson, AICP Noel Davies, Attorney Davidson Engineering, Inc. Davies Duke, PLLC 4365 Radio Road, Suite 201 2375 Tamiami Trail North, Suite 306 Naples, FL 34104 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Rural Agricultural zoning district within the Mobile Home Overlay and the Rural Fringe Mixed Use District Overlay -Receiving Lands to the Mixed -Use Planned Unit Development (MPUD) within the Rural Fringe Mixed Use District Overlay -Receiving Lands for a project known as NC Square MPUD, to allow up to 44,400 square feet of commercial uses, a 12,000 square foot daycare, and a maximum of 129 dwelling units with an affordable housing agreement, and by providing an effective date. PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 Page 1 of 18 Packet Pg. 1591 17.B.1 r ■ HIM L� � �r�lias � ■ ■ PUDR-PL20180002234, NC SQUARE MPUD D N C) 00 J IL L a) 3 z C 0 March 3, 2021 a Page 2 of 18 Packet Pg. 1592 17.B.1 a w W� 7 6 ES W LEA w w 0� m W< F Q 3 W. m at 0"z arw7! w F 6 LLW 2 m w Z 6 1 roi w N CL 0� O d ~ W a 0 N � a a ° z w J (�ianiad� o0 w _ 133�I1S'd9 � Z 9 ui � I w' w 2 r r r r r w w w w w w w w w w a if w J 0 0 0 0 0 Lu a Eel U W = yL 2 i z us a or s tt Ir m 0 - d� F U d O m LOU O0 W m a a a m CL in w� w z p 7 2 O 4 J C3 V1 w w w w w ri] m to vi uo N � Or W N rr OJ W w w w w w K K w i,, o� g 2 0 CL a-1 Orrw��[ 443�A<4 7 z a z� �s pp 00 D iK y ,� ---- ------ Lu w F� a < a 4 w O M1• Uw U LLIa Wm .0 LLI J 5 W. ~ w LLI LL �cr� J W < a wL,a W araiw LLz ¢o 'pQrnV,7� W. �xw ' �" LLJ Q wCO g 5 iv z W z W z�� ° d m w LU d w w `> L) +d Ul id d m ¢ LO 'amp L!) CL z❑ o� "; J' NS �z� ac ,ate LUc). m M LLI • • + rzLLJ d< (1] • + iL j!4; °z,e h m o o711 s i a ? } 4 R LLJ } 0 U z LL m D aY S i 9 7 m [WY d a W a � ' G 0� OHO N4� ee: c<ac w d.y we Mn"::: [i Win, e.Y�tr- l�owws 3 "SLw.Pt:x MASTER PLAN — Sheet 1 of 2 PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 N M M a L Cn U Z r- O M co CO) C d t t� Q Page 3 of 18 Packet Pg. 1593 17.B.1 PLANNING NOTES PRESERVE CALCULATION CURRENT ZONING: A -MHO RFMUO-RECEIVING PROPOSED DEVELOPMENT PROPOSED ZONING: MPUD RFMUO-RECEIVING CURRENT LAND USE: UNDEVELOPED PRESERVE REQUIRED 25% OF TOTAL SITE ACREAGE = 025' 24.40 AC = 6,10 AC FUTURE LAND USE: MIXED -USE SUBDISTRICT PRESERVE PROVIDED 6.20 AC RESIDENTIAL: MAXIMUM 129 DWELLING UNITS NOTE: PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE COMMERCIAL: MAXIMUM 44,400 SQUARE FEET AN PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07. SEE 12,000 SQUARE FEET FOR A DAYCARE THE LANDSCAPING DEVELOPER COMMITMENT, WITHIN EXHIBIT F OF THE PUD. MAXIMUM ZONED HEIGHT - 35 FEET DEVIATIONS 1 DEVIATION #1 SEEKS RELIEF FROM LDC SECTION 3.05.07. A.5. "PRESERVATION STANDARDS," WHICH REQUIRES THAT PRESERVE AREAS TO BE INTERCONNECTED WITHIN THE SITE AND TO ADJOINING OFF -SITE PRESERVATION AREAS OR WILDLIFE CORRIDORS" TO INSTEAD ALLOW TWO PRESERVE AREAS THAT ARE NOT CONNECTED WITHIN THE SITE. DERmn.Ewe xm � wyka.lbne wiw O.4VIOSON � Pz�.41 lea � GEOGRAPHIC LOCATION: LAND USE SUMMARY USE ACRES % OF SITE WATER MANAGEMENT t2.81 ACRES 11.5% PRESERVE ±6.20 ACRES 25.4% LANDSCAPE BUFFERS t1.19ACRES 4.9% COMMERCIALAREA t3.99ACRES 16.3% RESIDENTIAL AREA t9.80 ACRES 40.2% COMPENSATING ROW t0.08 ACRES 0.3% CATAWBA 30' EASEMENT t0.33 ACRES 1.4% TOTAL SITE AREA 24.40 ACRES 100% USABLE OPEN SPACE REQUIREMENT REQUIRED OPEN SPACE (24.40-ACRES X 30%= 7.32 AC) 'USABLE OPEN SPACE LOCATIONS WILL BE DETERMINED AT TIME OF SDP PERMITTING REVISIONS REVISED PER CC RAI COMMENTS - DWI 312i119 ® REVISED PER CC RAJ COMMENTS-OW2TW19 ® REVISED PER CC RAI COMMENTS - 07*WL1 20 ® REVISED PER CC RµI COMMENTS - OSW 2020 ® REVISED PER CC RAI COMMENTS - 09MS12020 MASTER PLAN — Sheet 2 of 2 NC SQUARE MPUD :ONCEPTUAL MASTER PLAN EXHIBIT C-1 The subject PUD, consisting of 24.4± acres, is located at the southwest corner of Immokalee Road and Catawba Street approximately 1.6 miles west of Wilson Boulevard in Section 29, Township 49 South, Range 27 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes rezoning 24.4± acres from the Rural Agricultural (A) zoning district within the Mobile Home Overlay (MHO) and the Rural Fringe Mixed Use District Overlay -Receiving Lands (RFMUO) to the Mixed -Use Planned Unit Development (MPUD) for a project known as NC Square MPUD. The project will allow up to 44,400 square feet of commercial uses, a 12,000 square foot daycare, and a maximum of 129 dwelling units (5.3 residential dwelling units per acre) by providing affordable housing. See Attachment A — Proposed PUD Ordinance. The proposed NC Square MPUD, along with the companion Growth Management Plan Amendment PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 Page 4 of 18 Packet Pg. 1594 17.B.1 (GMPA), will allow an increase in residential density, from the otherwise base density of one unit per five acres, to a maximum of 129 residential units (5.3 units per acre). The Master Plan, located on page 3 of this Staff Report, depicts the area of proposed mixed -use (commercial and residential development), vehicular circulation, preserve areas, and water management areas. The Master Plan also shows that 3.99± acres will be commercial area, 9.80± acres will be residential area, and 6.20± acres will be preserve. A minimum of 30% open space has been provided. To the north of the subject PUD is Immokalee Road and the residential golf community of Twin Eagles. To the east is Catawba Street and undeveloped land a developed landscape nursery. To the south is a landscape nursery and developing residential properties. To the west is developing residential property. The proposed PUD boundary setback for commercial principal and accessory land uses is 50 feet and 25 feet from Immokalee Road, and 50 feet and 20 feet from Catawba Street. The proposed PUD boundary setback for commercial principal and accessory land uses are 30 feet and 15 feet from the southern boundary. The proposed PUD boundary setback for residential principal and accessory land uses is 200 feet and 25 feet from Immokalee Road and 30 feet and 15 feet from the western PUD boundary. The petitioner proposes a maximum zoned height of 35 feet and an actual building height of 42 feet for commercial buildings and townhouses, and a maximum zoned building height of 40 feet and an actual building height of 47 feet for multi -family buildings. There is a proposed 20-foot wide Type D Landscape Buffer (trees at 30 feet on center and a 2-foot height hedge) and preserve area along Immokalee Road and Catawba Road. A 10-foot wide Type A Landscape Buffer (trees at 30 feet on center) is proposed along the landscape business to the south and east. A 15-foot wide Type B Landscape Buffer (trees at 25 feet on center and a 6-foot high hedge, fence or wall) and preserve areas are proposed along the residential development to the west. There is one proposed deviation related to preserve standards. For further information, please see the Deviation Section of this Staff Report located on page 16. SURROUNDING LAND USE AND ZONING: North: Immokalee Road, a six -lane road, South Florida Water Management District (SFWMD) Cocohatchee Canal, and then developed golf course and residential known as Twin Eagles with a zoning designation of A -MHO RFMUD-Receiving East: Undeveloped and developed landscape business with a zoning designation of A -MHO RFMUD-Receiving South: A landscape business and developing single-family residential known as Valencia Trails with a zoning designation of A -MHO RFMUD-Receiving PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 Page 5 of 18 Packet Pg. 1595 17.B.1 West: Developing single-family residential known as Valencia Trials, with a zoning designation of A -MHO RFMUD-Receiving PUDR-PL20180002234, NC SQUARE MPUD AERIAL PHOTO -Far Away March 3, 2021 Page 6 of 18 Packet Pg. 1596 17.B.1 AERIAL PHOTO -Close up GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Rezone and has found it consistent with the Future Land Use Element (FLUE) of the GMP subject to the adoption of the companion GMPA-PL20180002233, NC Square Mixed -Use Overlay. Transportation Element: In evaluating this project, staff reviewed the applicant's July 30, 2020, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2020Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states; "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 Page 7 of 18 Packet Pg. 1597 17.B.1 as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five-year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " Staff finding: According to the TIS provided with this petition the proposed development will generate a projected total of +/- 467 PM peak hour, 2-way trips on the adjacent roadway segments of Immokalee Road. The trips generated by this development will occur on the following adjacent roadway network links using the current 2020 AUIR: Roadway/Link # Link 2020 Current Peak Projected 2020 AUIR Hour Peak P.M Peak Remaining LOS Direction Hour/Peak Capacity Volume/Peak Direction Direction Project Traffic 1 Immokalee Logan Blvd to D 3,200/East 64/EB 435 Road/43.2 Collier Blvd Expected Trip Bank Deficient 2027 Immokalee Collier Blvd to E 3,300/East 129/EB 95 Road/44.0 Wilson Blvd Expected Trip Bank Deficient 2021 Immokalee Wilson to Oil D 3,300/East 109/EB 525 Road/45.0 Well Road Expected Trip Bank Deficient 2028 Collier Blvd/30.1 Immokalee D 3,000/North 52/NB 603 Road to Expected Trip Vanderbilt Bank Deficient 2030 Beach Road Wilson Blvd/118.0 Immokalee B 900/South 33/SB 550 Road to Golden Gate Blvd PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 Page 8 of 18 Packet Pg. 1598 17.B.1 Randall Blvd/132.0 Immokalee D 900/East 22/EB 7 Road to 8th Expected Street NE Traffic Count Deficient 2022; Trip Bank Deficient 2021 1 Source for P.M. Peak Hour/Peak Direction Project Traffic is July 30, 2020; Traffic Impact Statement provided by the petitioner. Staff notes the following regarding the adjacent road network and scheduled improvements: Randall Boulevard from Immokalee Road to 8th is a committed link widening improvement; P.M. Peak Hour Peak Direction service volume will increase to 2,000. Additionally, Vanderbilt Beach Road Extension is scheduled for construction within the Five -Year Capital Improvement Element and is anticipated to provide relief to the Immokalee Road corridor and this network. Florida Statute 163.3180 bullet points: ■ Must allow an applicant to enter into a binding agreement to pay or construct their proportionate fair share when applicable. The above -noted improvements are projected to address the development impacts. ■ Facilities determined to be deficient with existing, committed, and vested trips plus projected background traffic from any source other than the development shall be removed from the proportionate share calculation. ■ The improvement necessary to correct this type of deficiency is the funding responsibility of the maintaining entity. ■ Applicant must receive a credit for the anticipated road impact fees. ■ Applicant will pay the required Collier County road impact fees as building permits are issued for the project. Based on the TIS provided by the applicant, the 2020 AUIR, the road network improvements noted above, and Florida State Statute 169.3180 the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. Transportation Planning staff finds this petition consistent with the GMP. Conservation and Coastal Management Element (CCME): Environmental Planning staff has found this project to be consistent with the CCME. The project site consists of 24.40 acres of native vegetation. A minimum of 6.10 (25%) acres of native vegetation shall be placed under preservation and dedicated to Collier County. GMP Conclusion: The proposed PUD Rezone may be deemed consistent with the FLUE of the GMP subject to the adoption of the companion GMPA-PL20180002233, NC Square Mixed -Use Overlay. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.S., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the Collier County PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 Page 9 of 18 Packet Pg. 1599 17.B.1 Planning Commission's (CCPC) recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Rezone Findings and PUD Findings." In addition, staff offers the following analysis: Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The property is located within Rural Fringe Mixed -Use (RFMU) Overlay Receiving Lands. The minimum PUD preserve requirement is 6.10 acres (25% of 24.40 acres); the applicant has provided 6.20 acres of preservation onsite. No listed plant or animal species were observed on the property; however, the property has suitable habitat for various listed species. Prior to the site clearing state of the proposed development, additional observations for Big Cypress Fox Squirrel nests will be needed. The Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicates the presence of Black Bear (Ursus americanus floridanus) in the area. A black bear management plan will need to be included at SDP or PPL review. The subject property is located within core foraging ranges for two Wood Stork (Mycteria americana) colonies. Consultation with FWS may be needed to mitigate for impacts proposed onsite. The Environmental Data indicates the subject property falls within FWS Secondary Florida Panther (Felis concolor coryi) habitat. There were no observations of panther onsite; however, consultation with FWS will be required to obtain panther mitigation. This project requires Environmental Advisory Council (EAC) review, as this project does meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Code of Laws and Ordinances. Specifically, a deviation is being requested to allow two preserves that are not connected within the site. Please see the Deviation Discussion on page 16 of this Staff Report for further information. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Utilities Review: The project lies within the regional potable water and north wastewater service areas of the Collier County Water -Sewer District. Water and wastewater services are readily available via existing infrastructure along the project's frontage on Immokalee Road. Sufficient water and wastewater treatment capacities are available. The developer has committed to providing an 8" water main stub -out at the southeast corner of the eastern parcel (i.e. southernmost point of the project frontage on Catawba Street) for future water distribution system connections. School Board Review: At this time there is capacity for the proposed development either within the elementary, middle, and high school concurrency service areas the project is located within or in adjacent concurrency service areas. At the time of SDP or PPL, the development would be reviewed for concurrency to ensure there is capacity either within the concurrency service area the development is located within or in adjacent concurrency service areas. Zoning and Land Development Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 Page 10 of 18 Packet Pg. 1600 subject proposal comparing it to surrounding or nearby_ properties as to allowed use intensities and densities, development standards (building heights. setbacks. landscape buffers, etc.). building building location and orientation, architectural features, amount and type of open space and location. Staff believes that the proposed development will be compatible with and complementary to the surrounding land uses. Staff offers the following analysis of this project: As previously stated, the land across Immokalee Road and to the north of the proposed 24.4± acres NC Square MPUD is Twin Eagles, a residential golf course community. The land across Catawba Street to the east and a portion of the land to the south is developed with a landscape nursery. The lands to the south and west are developing single-family residential properties in a community known as Valencia Trails. The proposed NC Square commercial development is located on the corner of Immokalee Road and Catawba Street. It is separated from Twin Eagles by a 6-lane divided median arterial road. Immokalee Road. Across Catawba Street and to the south is a landscape nursery. An approximately 250-foot wide preserve area along the north side of the site separates and buffers the proposed residential development from Immokalee Road. A 10-foot wide Type A landscape buffer separates the proposed residences from the landscape nursery to the east. The proposed residential development is buffered from the developing residential development of Valencia Trails to the west by a 15-foot wide Type B Landscape Buffer, which consists of trees 25- feet on -center and a 6-foot high wall or hedge. Staff also notes that the proposed residential development is further separated from the nearest developing Valencia Trails residence to the west by approximately 200 feet. Within that 200-foot area are an entry road, a lake, and a landscape buffer. Another 250-foot wide preserve area separates the proposed residential from the developing Valencia Trails residences to the south. The proposed commercial zoned height of 35 feet and actual height of 42 feet should be compatible with the adjacent neighborhood as the location of the commercial area is at the corner of Immokalee Road and Catawba Street. The proposed residential townhouse zoned height of 35 feet and multi- family residential zoned height of 40 feet is compatible with the surrounding Agriculture -Mobile Home Overlay (A -MHO) zoned height of 35 feet. Zoning staff can recommend that this petition be found compatible with, and complementary to, the surrounding land uses, pursuant to the requirement of FLUE Policy 5.4. REZONE FINDINGS: Staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map, and the elements of the GMP. The Comprehensive Planning staff has indicated that the proposed PUD Rezone is consistent with all applicable elements of the FLUE of the GMP subject to the adoption of the companion GMPA. PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 Page 11 of 18 Packet Pg. 1601 17.B.1 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as mostly developed and undeveloped residential and a developed agricultural land use. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed rezone necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to develop the property with mixed - use commercial and residential land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Development in compliance with the proposed PUD Rezone should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. As previously stated, Transportation Planning staff finds this petition consistent with the GMP. Operational impacts will be addressed at the time of the first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The proposed PUD Rezone will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 Page 12 of 18 Packet Pg. 1602 17.B.1 9. W ether the proposed change will seriously reduce light and air to adjacent areas. It is anticipated that the proposed PUD Rezone will not reduce light and air to adjacent areas inside or outside the PUD. 10. W ether the proposed change would adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. W ether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the SDP approval process and PPL process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of the adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. W ether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development will comply with the GMP subject to the adoption of the companion GMPA, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed Rezone does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. W ether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed uses cannot be achieved without rezoning the property. 14. W ether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD Rezone is not out of scale with the needs of the neighborhood or County. 15. W ether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 Page 13 of 18 Packet Pg. 1603 17.B.1 was reviewed on its own merit for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or PPL processes, and as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The activity proposed by this amendment will have no impact on public utilities facility adequacy. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Water distribution/transmission and wastewater transmission mains are readily available within the Immokalee Road right-of-way, and there is adequate water and wastewater treatment capacity to serve the proposed PUD. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 Page 14 of 18 Packet Pg. 1604 17.B.1 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. Staff has found this petition consistent with the overall GMP subject to the adoption of the companion GMPA. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed landscaping and buffering standards are compatible with the adjacent uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Collier County has sufficient treatment capacity for water and wastewater service to the project. Conveyance capacity must be confirmed at the time of development permit application. As previously stated, Transportation Planning staff finds this petition consistent with the GMP. Operational impacts will be addressed at the time of the first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including adjacent Collier County Water -Sewer District potable water and wastewater mains, to accommodate this project. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is seeking one deviation related to preservation standards. Please, refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviation. PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 Page 15 of 18 Packet Pg. 1605 17.B.1 Deviation Discussion: The petitioner is seeking one deviation from the requirements of the LDC. The deviation is directly extracted from PUD Exhibit F. The petitioner's rationale, and staff analysis/recommendation are outlined below. Deviation #1 (Preservation Standards): Deviation #1 seeks relief from LDC Section 3.05.07. A.5. "Preservation Standards," which requires preserve areas to be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors" to instead allow two preserve areas that are not connected within the site. Petitioner's Justification: The petitioner states the following in support of the deviation: Preserve No. 1 (2.61 ± acres), located in the site's northwest corner along Immokalee Road, was established in response to a Phase I Cultural Resource Assessment conducted by Archaeological and Historical Conservancy, Inc. The assessment found seven positive shovel tests for cultural material in the live oak (Quercus virginiana) hammock, resulting in the documentation of one archaeological site. As a result of these findings, no development is being proposed in this area, but rather it will be preserved in perpetuity. In this instance, creating an interconnection between the northern archaeological sensitive area and the larger Preserve No. 2 (3.59± acres) to the south would be inappropriate. An interconnection with Preserve No. 1 would direct wildlife movement from the south into Immokalee Road, resulting in the potential for injury or death to the animals and a safety hazard for passing motorists. Preserve No. 2 being situated along the site's south side not only provides a more substantial buffer to Twin Eagles South, but also directly abuts the preserved wetlands on the south end of the Crawford Landscaping site. This alignment will encourage wildlife to move in more of an east/west direction, further away from major road traffic and possibly to the wildlife crossing that extends under Immokalee Road, located 0.30± mile to the northwest. Additionally, Preserve No. 2 is comprised of drained bald cypress (Taxodium distichum), and the Project design proposes to discharge pre-treated stormwater into this preserve, thereby helping to improve the hydrology in this area. This goal of improving the hydrology of Preserve No. 2 would be inconsistent with an interconnection to the upland, live oak preserve to the north (i.e., Preserve No. 1), especially during a major storm event. PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 Page 16 of 18 Packet Pg. 1606 17.B.1 PRESERVE #1 -] NORTHERN PRESERVE AREA 6215E3 (01 14 4274E2 L J r L (12B AC-0 r J J L Y r 1 J J Y J J 4 W 42B9ES [2.59 Ac.3] TWIN EAGLES SOUTH SOUTHERN PRESERVE ta59 Ai) 6215EZ (1121 A[.±1 -IMMOKALEE R4AD- (05E2 f4.35 AC-0 PJL CRAWFORD LANDSCAPING 4159E2 (4.54. AC. t] .. J J L W. r. PRESERVE#/- TWIN EAGLES SOUTH Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL for the proposed deviation request. Preserve #1 is located near Immokalee Road; therefore, it is not appropriate to direct wildlife movement toward this area because it may result in injury or death to animals and may cause a safety hazard for motorists. Preserve #2 provides an interconnection to the adjacent Crawford Landscaping wetland preserve to provide for wildlife movement along an east -west corridor, further away from potential traffic conflicts. Furthermore, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.133.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 T N M CO) a L Cn U z r_ 0 a c m E 0 Page 17 of 18 Packet Pg. 1607 17.B.1 NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant held a NIM meeting on August 6, 2020, at New Hope Ministries, 7675 Davis Boulevard, Naples, Florida. There were no attendees. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the Staff Report for this petition on March 1, 2021. RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDZ- PL20180002233, NC Square MPUD to the BCC with a recommendation of approval Attachments: Attachment A - Proposed PUD Ordinance Attachment B - Application PUDR-PL20180002234, NC SQUARE MPUD March 3, 2021 Page 18 of 18 Packet Pg. 1608 17.B.2 ORDINANCE NO.2021- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURAL ZONING DISTRICT WITHIN THE MOBILE HOME OVERLAY AND THE RURAL FRINGE MIXED USE DISTRICT OVERLAY -RECEIVING LANDS TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) WITHIN THE RURAL FRINGE MIXED USE DISTRICT OVERLAY -RECEIVING LANDS FOR A PROJECT KNOWN AS NC SQUARE MPUD, TO ALLOW UP TO 44,400 SQUARE FEET OF COMMERCIAL USES, A 12,000 SQUARE FOOT DAYCARE, AND A MINIMUM OF 120 AND MAXIMUM OF 129 DWELLING UNITS WITH AN AFFORDABLE HOUSING AGREEMENT. THE PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD AND CATAWBA STREET APPROXIMATELY 1.6 MILES WEST OF WILSON BOULEVARD IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.4f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PL20180002234) WHEREAS, Jessica Harrelson of Davidson Engineering and Noel Davies, Esquire of Quarles & Brady, P.A., representing Immokalee Square, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: [19-CPS-01870/1616165/11194 NC Square PUDZ /PL20180002234 Page I of 2 3/24/21 Packet Pg. 1609 17.B.2 SECTION ONE: The zoning classification of the herein described real property located in Section 29, Township 49 South, Range 27 East, Collier County, Florida, is changed from a Rural Agricultural Zoning District within the Mobile Home Overlay and the Rural Fringe Mixed Use District Overlay -Receiving Lands to the Mixed Use Planned Unit Development (MPUD) Zoning District within the Rural Fringe Mixed Use District Overlay -Receiving Lands for a project known as the NC Square MPUD, in accordance with Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2021- becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: -1A y Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Deviations Exhibit F - List of Developer Commitments Exhibit G - Enhanced Buffer 2021. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C Penny Taylor, Chairman [19-CPS-01870/1616165/11194 NC Square PUDZ /PL20180002234 Page 2 of 2 3/24/21 Packet Pg. 1610 17.B.2 EXHIBIT A LIST OF PERMITTED USES Regulations for development of the NC Square MPUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan (SDP) or Plat. MAXIMUM INTENSITY: A minimum of 120 residential units, not to exceed a maximum of 129 residential units, 44,400 square feet of commercial land uses and a 12,000 square feet day care, limited to 250 students, shall be permitted within this MPUD. The uses are subject to the trip cap identified in Exhibit F of this MPUD. Residential density shall be subject to an Affordable Housing Agreement between the Owner and Collier County. PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. PRINCIPAL USES —COMMERCIAL TRACT: All permitted principal and conditional uses listed within the C-1 'Commercial Professional and General Office District' through the C-2 'Commercial Convenience District', and the following limited uses, permitted within the C-3'Commercial Intermediate District': 1. Amusement and recreation services, indoor (SIC 7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only) 2. Animal specialty services, except veterinary (SIC 0752, excluding outside kenneling) 3. Apparel and accessory stores (SIC 5611-5699) with 5,000 square feet or less of gross floor area in the principal structure 4. Auto and home supply stores (SIC 5531) with 5,000 square feet or less of gross floor area in the principal structure 5. Business associations (SIC 8611) 6. Business services — miscellaneous (SIC 7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bondspersons, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories -telephone, drive -away automobile, exhibits -building, filling pressure containers, field warehousing, fire extinguisher, floats -decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, process serving services, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, NC Square MPUD PUDZ- PL20180002234 March 24, 2021 Packet Pg. 1611 17.B.2 sponging textiles, swimming pool cleaning, tape slitting, tax collection agencies, texture designers, textile folding, tobacco sheeting, window trimming, and yacht broker) 7. Drug stores (SIC 5912) 8. Eating places (SIC 5812) with 6,000 square feet or less in gross floor area in the principal structure. 9. Essential services, subject to LDC Section 2.01.03 10. Food stores (SIC 5411-5499, except poultry dealers) with greater than 5,000 square feet or less of gross floor area in the principal structure 11. General merchandise stores (SIC 5331-5399, except salvage stores and surplus stores) with 5,000 square feet or less of gross floor area in the principal structure 12. Health services, offices and clinics (SIC 8011-8049, 8071, 8092, 8099, except for blood banks, blood donor stations, plasmapheresis centers and sperm banks) 13. Home furniture and furnishings stores (SIC 5713-5719) with 5,000 square feet or less of gross floor area in the principal structure 14. Household appliance stores (SIC 5722) with 5,000 square feet or less of gross floor area in the principal structure 15. Insurance carriers, agents and brokers (SIC 6311-6399, except health insurance for pets, 6411) 16. Laundries, family and commercial (SIC 7211) 17. Membership organizations, miscellaneous (SIC 8699) 18. Musical instrument stores (SIC 5736) with 5,000 square feet or less of gross floor area in the principal structure 19. Paint stores (SIC 5231) with 5,000 square feet or less of gross floor area in the principal structure 20. Personal services, miscellaneous (SIC 7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only) with 5,000 square feet or less of gross floor area in the principal structure 21. Personnel supply services (SIC 7361 and 7363) 22. Physical fitness facilities (SIC 7991; 7911, except discotheques) 23. Political organizations (SIC 8651) 24. Radio, television and consumer electronics stores (SIC 5731) with 5,000 square feet or less of gross floor area in the principal structure 25. Repair services— miscellaneous (SIC 7629-7361, 7699- bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only) 26. Retail nurseries, lawn and garden supply stores (SIC 5261) with 5,000 square feet or less of gross floor area in the principal structure. 27. Retail services - miscellaneous (SIC 5921-5963 except pawnshops and building materials, 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, M swimming pools, tombstones and whirlpool baths) with 5,000 square feet or less of gross floor Q area in the principal structure NC Square MPUD PUDZ- PL20180002234 March 24, 2021 2 Packet Pg. 1612 17.B.2 28. Vocational schools (SIC 8243-8299, except automobile driving instruction, charm schools, charm and modeling finishing schools, flying instruction, hypnosis schools, survival schools and truck driving schools. Music and drama schools shall be limited to 60 decibels audible from outside.) B. PROHIBITED USES —COMMERCIAL TRACT 1. Gasoline service stations (SIC 5541) 2. Stand-alone drive -through restaurants (SIC 5812) 3. Homeless shelters 4. Soup kitchens C. ACCESSORY USES —COMMERCIAL TRACT 1. Outdoor playground associated with Child Care Services (not to exceed 5,000 square feet) 2. Accessory uses and structures customarily associated with the permitted principal uses and structures D. PERMITTED USES -RESIDENTIAL TRACT 1. Multi -Family dwellings 2. Townhouse dwellings 3. Model homes / model sales or leasing offices 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC E. ACCESSORY USES —RESIDENTIAL TRACT 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Recreational facilities, such as swimming pools and playgrounds b. Garages c. Screened enclosures F. PERMITTED USES— PRESERVE TRACT 1. Preservation 2. Water management, as allowed by the LDC 3. Passive uses, as per LDC requirements 4. Uses subject to LDC section Allowable uses within County required preserves NC Square MPUD PUDZ- PL20180002234 March 24, 2021 3 Packet Pg. 1613 17.B.2 EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in these development standards tables. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE I COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 square feet N/A MINIMUM LOT WIDTH 100 feet N/A MINIMUM YARDS (EXTERNAL) From Immokalee Road ROW 50 feet 25 feet From Catawba Street ROW 50 feet 20 feet From the Western Commercial Tract Boundary 30 feet 15 feet From Southern PUD Boundary 30 feet 15 feet MINIMUM YARDS (INTERNAL) Internal Drives (Measured from back of curb) 15 feet 15 feet Lakes (measured from the Lake Maintenance Easement) 5 feet 5 feet Preserve 25 feet 10 feet MINIMUM DISTANCE BETWEEN STRUCTURES 10 feet 10 feet MAXIMUM HEIGHT Zoned 35 feet 35 feet Actual 42 feet 42 feet MINIMUM FLOOR AREA N/A N/A Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 Packet Pg. 1614 17.B.2 TABLE II RESIDENTIAL DEVELOPMENT STANDARDS TOWNHOUSE (PER UNIT) MULTI -FAMILY ACCESSORY USES MINIMUM LOT AREA 1,200 square feet N/A N/A MINIMUM LOT WIDTH 20 feet N/A N/A MINIMUM LOT DEPTH 50 feet N/A N/A MINIMUM YARDS (EXTERNAL) From Immokalee Road ROW 200 feet 200 feet 25 feet From Eastern Residential Tract Boundary 30 feet 30 feet 20 feet From Western PUD Boundary 30 feet 30 feet 15 feet MINIMUM YARDS (INTERNAL) Internal Drives (Measured from the back of curb) 15 feet 15 feet 15 feet Lakes (measured from the Lake Maintenance Easement) 5 feet 5 feet 5 feet Preserve 25 feet 25 feet 10 feet Front 20 feet 20 feet 10 feet Side 10 feet 10 feet 10 feet Rear 10 feet 10 feet 5 feet MINIMUM DISTANCE BETWEEN STRUCTURES 10 feet 25 feet 10 feet MAXIMUM HEIGHT Zoned 35 feet 40 feet 35 feet Actual 42 feet 47 feet 42 feet MINIMUM FLOOR AREA 800 square feet per unit 700 square feet per unit N/A 1 Townhouse front entry garages shall be setback a minimum of 23 feet from the back of sidewalks Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. 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Description: Parcel 139 Order of Taking Records in Official Records Book 3302, Page 3221, Collier County, Florida A portion of the W 1/2 of the NE 1/4 of the NW 1/4, and the NE 1/4 of the NE1/4 of the NW 1/4 of Section 29, Township 48 South, Range 27 East, Less the North 100 feet thereof, previously dedicated for State Highway purposed, Collier County, Florida. more particularly described as follows: Commence at the North 1/4 Corner of said Section 29; thence South 02°22'23" East, along the east line of the Northwest 1/4 of said Section 29, for a distance of 100.04 feet, to a point on the Southerly Right -of -Way line of State Road #846 (Immokalee Road) and the POINT OF BEGINNING of the herein described parcel; thence continuing, South 02°22'23" East, along the said East line, for a distance of 88.99 feet; thence South 86°00'23" West, for a distance of 328.55 feet; thence North 03°59'37" West, for a distance of 10.00 feet; thence South 86°00'23" West, for a distance of 342.35 feet; thence South 03°59'37" East, for a distance of 19.73 feet; thence South 86°00'23" West, for a distance of 109.24 feet; thence North 03°59'37" West, for a distance of 20.06 feet; thence South 86°00'23" West, for a distance of 505.83 feet; thence North 02°23'24" West, for a distance of 78.65 feet, along the west line of the Northeast 1/4 of the Northwest 1/4 of said Section 29; to a point on said Southerly Right -of -Way Line; thence North 86°00'23" East, along said Southerly Right -of -Way Line, for a distance of 1,286.29 feet, to the POINT OF BEGINNING, Containing 2.452 acres, more or less. Property contains 24.4 acres or 1,062,862 square feet more or less. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 9 Packet Pg. 1619 17.B.2 EXHIBIT E LIST OF DEVIATIONS 1. Deviation #1 seeks to relief from LDC Section 3.05.07 A.5 "Preservation Standards," which requires that preserve areas be interconnected within the site, to instead allow two separate preserve areas that are not connected within the site. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 10 Packet Pg. 1620 17.B.2 EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS The purposed of this Section is to set forth the development commitments for the development of this project. 1. GENERAL A. Development of this MPUD shall comply with the following requirements and limitations: i. This MPUD shall provide a minimum of 120 residential dwelling units and a maximum of 129 residential dwelling units, subject to an Affordable Housing Agreement between the Owner and Collier County. ii. This MPUD shall be subject to all provisions of the Rural Fringe Mixed Use District Receiving Lands provisions except as provided in the NC -Square Mixed -Use Overlay of the Future Land Use Element. iii. This MPUD shall be developed with a common theme for architecture, signage and landscaping. iv. Pedestrian connectivity shall be provided between land uses throughout the MPUD, as well as to the existing sidewalk on Immokalee Road. B. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Immokalee Square, LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of their/its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to complywith the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. C. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) D. All other applicable state or federal permits must be obtained before commencement of the development. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 11 Packet Pg. 1621 17.B.2 E. The developer shall avoid the archaeological site, as depicted on the Conceptual Master Plan. All clearing within 100 feet of the archeological site shall be monitored by a certified archeologist. 2. TRANSPORTATION A. Intensity of uses under any development scenario for the PUD is limited to 463 two-way, AM peak hour trips and 467 two-way, PM peak hour trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of the application for SDP/SDPA or subdivision plat approval. 3. ENVIRONMENTAL A. The preservation requirement shall be 40% of the existing native vegetation on -site, not to exceed 25% of the total site acreage. (24.4-acres x 25% = 6.1 acres required) B. Big Cypress fox squirrel (Sciurus niger avicennia) and Florida black bear (Ursus americanus floridanus) management plans will be submitted to and approved by Collier County Environmental Services staff prior to site development plan approval. The management plans shall follow the Florida Fish and Wildlife Conservation Commission's (FWCC's) most recent recommended conservation practices for these species, where practicable. Informational posters for these species will be provided to the construction crew prior to site clearing activities, and the FWCC's created brochure "A Guide to Living in Bear Country" will be provided to the homeowners association for distribution to residents at post -construction. Residents will also be provided with information regarding the use of bear -proof garbage containers. 4. LANDSCAPING A. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to provide the required Type B buffer, a minimum 6-foot-wide landscape buffer reservation located outside of the preserve will be conveyed by the owner to a homeowner's association or condominium association at the time of SDP or plat approval. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6' wide reservation to meet the buffer requirements. The type, size and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. 5. LIGHTING (COMMERCIAL TRACTS) A. Site lighting shall be Dark Skies compliant, with full cutoff shielding and installed to protect neighboring properties from direct glare. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 12 Packet Pg. 1622 17.B.2 6. UTILITIES A. The Developer shall provide an 8" water main stub -out at the southeast corner of the eastern parcel (i.e. southernmost point of the project frontage on Catawba St) at time of project construction and the Owner shall convey a 15' wide County Utility Easement (CUE) to the Collier County Water -Sewer District for the stub -out. The CUE shall be conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance at no cost to the County or District, free and clear of all liens and encumbrances, prior to or concurrent with preliminary acceptance of utilities. 7. MINIMUM PROJECT DENSITY AND INTENSITY A. A minimum of 25% of the residential units (32 units) and a minimum of 4,900 SF of commercial area must be constructed to ensure a mixed -use project. No building permits shall be issued on the remaining 75% of the residential units (97 units) until the minimum commercial square footage has been issued Certificate of Occupancy. 8. SPECIAL CONDITIONS FOR THE COMMERCIAL TRACT A. The following limitations shall apply to the principal uses in the Commercial Tract: i. There shall be no associated repair of vehicles. ii. The hours of operation for any eating place shall be 5:30 a.m. —11:00 p.m. iii. There shall be no outdoor amplified sound, televisions or music. iv. There shall be no outdoor display of merchandise associated with hardware stores. 9. AFFORDABLE HOUSING A. As documented in the Affordable Housing Agreement, the developer has agreed to construct 65 owner occupied dwelling units for residents in the "Gap" income category (earning no more than one hundred forty percent of the median income of Collier County) and 64 units owner occupied dwelling units for residents in the "Moderate" income category (earning no more than 120% of the median income of Collier County). Developer shall have the option of swapping up to 20% of the Gap Units for Moderate Units and vice -versa. 10. WILDFIRE PREVENTION AND MITIGATION PLAN A. Project Structural Design and Materials 1. Roofs shall be constructed using Class A, B or C fire rated materials. The use of flammable shakes or shingles are prohibited. 2. Soffits shall be made of non-combustible material or (minimum) %-inch nominal wood sheathing. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 13 Packet Pg. 1623 17.B.2 B. Location/Defensible Space 1. A minimum 25 feet of Defensible Space shall be maintained around the development area. 2. Within Defensible Space: i. Vegetation shall be thinned and maintained. Tree crowns shall be a minimum of 10 feet apart. ii. Native plants shall be used. iii. Trees shall be maintained so that branches are 6 to 10 feet from the ground. iv. Less flammable plants species shall be used. V. More flammable plants located within 5 feet of structures shall be removed. vi. Non-flammable materials shall be used in planting beds within 5 feet of structures. vii. The Owner, Property Association and/or Homeowner's Association shall be provided with this Wildfire Prevention and Mitigation Plan and informed of responsibility to adhere to these requirements at the time of closing. viii. The Owner, Property Association and/or Homeowner's Association shall be responsible for these requirements within commons areas and structures. C. Native Vegetation "South Florida" plants shall be used on slopes adjacent to preserves. D. Prescribed Burns on Nearby Public Lands Florida conservation and agricultural lands are heavily mixed with developed areas. This can increase contact between developed spaces and other land management activities, including prescribed burning, which is often utilized to return plant nutrients to the soil, to improve ecological health for conservation lands, to improve wildlife forage, and to reduce forest fuels, thus reducing the incidence of catastrophic wildland fires. Florida remains a burn -friendly state and endorses the use of prescribed burning to promote healthy ecosystems and agricultural lands. Residents in developed areas may experience exposure to light amounts of smoke and ash from nearby prescribed burning activity. NC Square MPUD PUDZ- PL20180002234 March 24, 2021 14 Packet Pg. 1624 17.B.3 AGREEMENT AUTHORIZING AFFORDABLE HOUSING AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of. , 2021, by and between Immokalee Square LLC (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties". RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (the "Property"). It is the Developer's intent to construct a maximum of 129 residential units (the "Units") on the Property. One hundred percent (100%) of the Units will be affordable housing units. B. The Property is located within the NC Square Mixed -Use Overlay within the Agricultural/Rural Mixed -Use District of the Future Land Use Element of the Growth Management Plan (the "GMP"). C. Pursuant to Collier County Ordinance No. [PUD Ordinance], the Property is zoned as the NC Square Mixed -Use Planned Unit Development (MPUD) (the "PUD"). NOW, THEREFORE, in consideration of the approval and grant of the density set forth in the GM and PUD, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. IBC Square MPUD P U DZ-P L20180002234 April 6, 2021 1,7 Q� Packet Pg. 1625 17.B.3 2. Developer Agreements, The Developer hereby agrees that one hundred percent (100%) of the 129 Units will be affordable housing units as follows: a. Sixty-five (65) of the 129 Units shall be provided for those earning no more than one hundred forty percent (140%) of the median income of Collier County (the "Gap" income category) ("Gap Units"). Sixty-four (64) of the 129 Units shall be provided for those earning no more than one hundred twenty percent (120%) ofthe median income of Collier County (the "Moderate" income category) ("Moderate Units"). Developer shall have the option of swapping up to twenty percent (20%) of the Gap Units for additional Moderate Units or vice -versa, b. All Units will be owner -occupied, not rentals. c The Units will include townhomes and multifamily units with a variety of bedroom counts, d. The following provisions shall be applicable to all of the Units: (1) Defined terms. In the event of a conflict between terms as defined in the LDC or in Ordinance No,_ [PUD Ordinance], the definitions of the LDC will control when applying or interpreting this Agreement. "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings orstructures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U,S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples NC Square MPUD P U DZ-P L20180002234 April 6, 2021 z oat Packet Pg. 1626 17.B.3 Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Exhibit "B," which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Qualification Process. The Developer shall be responsible for qualifying Unit owners by accepting applications, verifying income and obtaining income certification for all affordable units in the subject development per procedures approved by the County. (a) Application. A potential Unit owner shall apply to the developer, owner, manager, or agent to qualify as a moderate or gap income family for the purpose of owning and occupying an affordable housing unit pursuant this Agreement. The Application form is Exhibit "C," attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing unit in the development shall be sold to an individual or family whose household income has not been verified and certified in accordance with this Agreement. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the Affordable Housing NC Square MPUD P U DZ-P L20180002234 April 6, 2021 3 23 Packet Pg. 1627 17.B.3 Applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180-day period, the information may be verbally updated from the original sources for an additional thirty (30) days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form is Exhibit "D," attached to this Agreement and incorporated by reference herein, (d) Income Certification. Upon receipt of the Preliminary Application for an affordable housing unit and Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as eligible to occupy an affordable housing unit. The Affordable Housing Applicant Income Certification form is attached to this Agreement as Exhibit "E." 3. Inspections. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement may be conducted by the Community and Human Services Division upon reasonable notice. 4. Annual Progress and Monitoring Report, The Developer shall provide an annual PUD Monitoring Report to the County regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to ensure compliance with this Agreement. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the NC Square MPUD P U DZ-P L20180002234 April 6, 2021 4 y O Packet Pg. 1628 17.B.3 Community and Human Services Division. Failure to complete and submit the monitoring report to the County within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50,00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year, 5. Violations. It shall be a violation of this Agreement to sell or occupy, or attempt to sell or occupy, an affordable housing unit except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Community and Human Services Division or by any other person(s) within the County. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. 6. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement, as amended. 7. Assignment. nment. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission. The Developer shall provide written notice to the County of the assignment to a successor in interest to the Property and shall be relieved of any further obligations under this Agreement. The written notice to the County shall include the NC Square MPUD P U DZ-P L2018OOO2234 April 6, 2021 5 n�n- FPacket Pg. 1629 17.B.3 successor's acknowledgment that it is bound by the terms of this Agreement. 8. Severability. if any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 9. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: To the Commission: Collier County Community and Human Services 3339 E Tamiami Trail Building H, Suite 211 Naples, Florida 34112 To the Developer: Immokalee Square LLC c/o Antonio Brown 2055 Trade Center Way Naples, FL 34109 With a copy to: Noel J. Davies, Esq. Quarles & Brady LLP 1395 Panther Lane, Suite 300 Naples, FL 34109 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 10. Authority to Monitor. The Parties hereto acknowledge that the Collier County Community and Human Services Division or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and NC Square MPUD PUDZ-PL20180002234 April 6, 2021 6 i p� Packet Pg. 1630 17.B.3 shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until the date that is thirty (30) years from the date of issuance of the Certificate of Occupancy for each Unit in the project. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording., This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. The affordable housing units shall be restricted to remain and be maintained as affordable housing for a period of thirty (30) years from the dateof issuance of the Certificate of Occupancy of each Unit constructed. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shalldiscriminate against any owner or potential owner because of said owner's race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable housing units, it must advertise, sell and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable housing unit. C. The Developer agrees to be responsible for payment of any real NC Square MPUD PU DZ-PL20180002234 April 6, 2021 7 Packet Pg. 1631 17.B.3 estate commissions and fees for which it is liable in the purchase and sale of affordable units. 17. Phasing. The percentage of affordable housing units to which the o Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 100% affordable housing units for this project, with 100% of the s z units in each phase consisting of affordable units. M 18. Consistency, This Agreement and authorized development shall be N N o 00 consistent with the Growth Management Plan and land development regulations of Collier N J County that are in effect at the time of development. Subsequently adopted laws and d policies shall apply to this Agreement and to the development to the extent that they r- 0 are not in conflict with the number, type of affordable housing units and the amount of a affordable housing approved for the development. N 19. Governing Law, This Agreement shall be governed by and construed in M LO accordance with the laws of the State of Florida. N 20. Further Assurances, The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the a Agreement. Such documents shall include but not be limited to any document requested .y by the Developer to exhibit that this Agreement has terminated in accordance with the 3 x° a� provisions of this Agreement. E L 0 0 Q [SIGNATURE PAGES TO FOLLOW] a NC Square MPUD P U D Z-P L20180002234 April 6, 2021 S Packet Pg. 1632 17.B.3 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA , DEPUTY CLERK By: PENNY TAYLOR, CHAIRPERSON Approved as to form and legality: Jennifer A. Belpedio op. 1%. Assistant County Attorney D+c NC Square MPUD P U DZ-P L20180002234 April 6, 2021 9 Packet Pg. 1633 17.B.3 DEVELOPER: Witnesses: Witness Printed Name Witness Printed Name STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement was acknowledged before me by means of ❑ physical presence or ❑ online notarization as who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of 2021. My Commission Expires: NC Square MPUD PU Dz-PL2018000223,4 April 6, 2021 Notary Public 1.0 r� Packet Pg. 1634 17.B.3 EXHIBIT A Legal Description Legal Description: (Official Records Book 5534 Page 851 Collier County, Florida) The West 1/2 of the Northeast 1/4 of the Northwest 1/4 and the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of section 29, Township 48 South, Range 27 East, less the north 100 feet thereof previously dedicated for State Highway purposes and less lands described as Parcel 139 in Order of Taking records in Official Records Book 3302, Page 3221, all within Collier County, Florida. Description: Parcel 139 Order of Taking Records in Official Records Book 3302, Page 3221, Collier County, Florida A portion of the W 1/2 of the NE 1/4 of the NW 1/4, and the NE 1/4 of the NE1/4 of the NW 1/4 of Section 29, Township 48 South, Range 27 East, Less the North 100 feet thereof, previously dedicated for State Highway purposed, Collier County, Florida. more particularly described as follows: Commence at the North 1/4 Corner of said Section 29; thence South 02022'23" East, along the east line of the Northwest 1/4 of said Section 29, for a distance of 100.04 feet, to a point on the Southerly Right -of -Way line of State Road #846 (Immokalee Road) and the POINT OF BEGINNING of the herein described parcel; thence continuing, South 02°22'23" East, along the said East line, for a distance of 88.99 feet; thence South 86°00'23" West, for a distance of 328.55 feet; thence North 03°59'37" West, for a distance of 10.00 feet; thence South 86000'23" West, for a distance of 342.35 feet; thence South 03°59'37" East, for a distance of 19.73 feet; thence South 86°00'23" West, for a distance of 109.24 feet; thence North 03°59'37" West, for a distance of 20.06 feet; thence South 86'00'23" West, for a distance of 505.83 feet; thence North 02°23'24" West, for a distance of 78.65 feet, along the west line of the Northeast 1/4 of the Northwest 1/4 of said Section 29; to a point on said Southerly Right -of -Way Line; thence North 86°00'23" East, along said Southerly Right -of -Way Line, for a distance of 1,286.29 feet, to the POINT OF BEGINNING, Containing 2.452 acres, more or less. Property contains 24.4 acres or 1,062,862 square feet more or less. NC Square MPUD P U DZ-P L20180002234 April 6, 2021 11 Packet Pg. 1635 17.B.3 EXHIBIT B Income Categories and Limits The below chart indicates the 2020 current median income as referenced in Section 2A(l) of this Agreement, as well as the various income limits based on household size, An applicant would qualify to purchase a Unit provided monthly rents or monthly mortgage payments including taxes and insurance shall not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households. However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark, Collier County 2020 Income Percent Income Limit by Number of People in Household 1 2 3 4 5 Ext Low 30`Ya $17,300 $19,800 $22,250 $26,200 $30,680 Very Low 50% $28,850 $32,950 $37,050 $41,150 $44,450 Low 80% $46,100 $52,700 $59,300 $65,850 $71,150 Moderate 120% $69,240 $79,080 $88,920 $98,760 $106,680 Gap 140% $80,780 $92,260 $103,740 $115,220 $124,460 Median Household Income Collier County 2020 = $82,300 NC Square MPUD PUDZ-PL20180002234 April 6, 2021 12 Packet Pg. 1636 17.B.3 EXHIBIT C APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Date of Application: Amt. Of See. Deposit: Your Name: Race/National Origin: Handicap: Yes No Co -Applicant's Name Race/National Origin: Handicap: Yes No Present Address: Street City State Zip Telephone No Name of Landlord How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City APPLICANT: Present Employers Name Address and Telephone No. State Zip Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly $� ___ _ _Weekly $ Every 2 Weeks $ Monthly $ Social Security Number_ Previous Employers Name Address and Telephone No. How long with Previous Employer CO -APPLICANT: Present Employers Name NC Square MPUD PU DZ-PL20180002234 April 6, 2021 Birth Date Job Title 13 Packet Pg. 1637 17.B.3 Address and Telephone No. How long with Present Employer: Job Title NC Square MPUD PU DZ-PL20180002234 April 6, 2021 14 Pg"))l Packet Pg. 1638 17.B.3 Gross Salary: Hourly $_ Social Security Number_ Previous Employers Name Address and Telephone No Weekly $ Every 2 Weeks $ irth Date How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE 2, _ 3. PERSONAL REFERENCES (Not Relatives) 1. Name: Address:_ 2, Name: Address: NC Square MPUD PUDZ-PL20180002234 April 6, 2021 Monthly $ SOCIAL SECURITY How Long Known: How Long Known: a 15 a� Packet Pg. 1639 17.B.3 EXHIBIT D AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name:_ Co -Applicant's Name: Present Address: ial Security Number Social Security Number Street City State Zip Telephone No, I hereby make application for a single family unit at I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable, workforce, or gap housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc, A,pnlicamt Amount Frequency Received of Pay Co_Occupant Amount Frequency Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ NC Square MPUD PUDZ-PL20180002234 April 6, 2021 16 Packet Pg. 1640 17.B.3 Widows Benefits Union Pension Self -Employment Business, Silent Partner, etc. Private Insurance Pension TOTAL ANNUAL INCOME THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR OWNERSHIP OF AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT. NC Square MPUD PUDZ-PL20180002234 April 6, 2021 17 Packet Pg. 1641 17.B.3 EXHIBIT E AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer Address: ob Title; Street City State Zip hereby authorize the release of information requested (Applicant) on this certification form. Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me by means of ❑ physical presence or ❑ online notarization Who is personally known to me or has produced as identification. Witness my hand and official seal this day (notary seal) Notary Public My Commission Expires: NC Square MPUD P U DZ-P L20180002234 April 6, 2021 2021 O a Packet Pg. 1642 17.B.3 EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly): . Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me by means of ❑ physical presence or ❑ online notarization Who is personally known to me or has produced as identification. Witness my hand and official seal this day of , 2021 (notary seal) My Commission Expires: NC Square MPUD PU DZ-PL20180002234 April 8, 2021 Notary Public Q 19 Packet Pg. 1643 RESOLUTION NO. 18 - 4 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPERSEDING AND REPLACING RESOLUTION 2007- 176, AMENDING THE PROCEDURES FOR EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR QUALIFIED AFFORDABLE HOUSING. RECITALS WHEREAS, it is the intent of the Board of County Commissioners of Collier County, Florida, to increase the amount of affordable housing to its workers and residents, encourage the retention of affordable -workforce housing in the County, encourage the location of residences in proximity to employment centers, reduce commute times to places of employment, and provide businesses with access to a pool of employees within the County; and WHEREAS, the Board has formally expressed its commitment to affordable- housing by adoption of certain Goals, Objectives and Policies in the County's Growth Management Plan (GMP); and WHEREAS, the intent of Goal 1 of the GMP's Housing Element is to create an adequate supply of safe, decent, sanitary, and affordable housing for all residents of Collier County; and WHEREAS, Objective I of the GMP's Housing Element states that the County will seek to "Provide new affordable housing units in order to meet the current and future housing needs of legal residents with very -low, low, moderate and gap incomes, including households with special needs such as rural and farmworker housing in rural Collier County; and WHEREAS, in order to address the housing needs of low, moderate, and gap income persons by encouraging the more efficient production of affordable housing, GMP Policy 2.5 requires the County and the City of Naples to review its existing permit process system in an effort to reduce the processing time and cost [I 8-GRC-0066111392679/ 1 17.B.5 Ali (L a� CU a U z v M N N O o 0 cw 0 N J d 0 r r a� a M c 0 N co M LO Packet Pg. 1644 17.B.5 of affordable housing and continue to identify areas that can be streamlined; and WHEREAS, in order to comply with State law, the Board of County Commissioners through Resolution No 2007-176 adopted as its policy, specific procedures for expediting the review of development orders for affordable housing qualified projects to a greater degree than other reviews; and WHEREAS, the Board of County Commissioners wishes to amend its expedited review program to improve the benefit to providers of affordable housing serving families with 140% or below median household income levels, and to make the program consistent with other affordable housing programs administered by the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. This Resolution shall supersede and replace Resolution2007-176. 2. The foregoing Recitals are adopted as true and incorporated as part of this Resolution. 3. The Board of County Commissioners' affordable housing expedited review policy, as amended, is adopted for immediate use, as follows: A. Purpose/Scope: The purpose of this Program is to establish procedures to allow for expedited reviews of all development orders qualifying as affordable housing so as to create more affordable housing and comply with State law. The expedited review process for qualified development orders is not intended to otherwise modify or alter existing procedural standards for reviewing development orders, including those that do not qualify for affordable housing. B. Applicability: These procedures apply to the review of all qualified development orders for new and expanding development in Collier County proposing to construct affordable housing. In order to qualify for the expedited review process, the applicant for a proposed development ordermust: 1. Specifically request affordable housing expedited review project [18-0 RC-00661/1392679/11 Packet Pg. 1645 17.B.5 1. status as part of an application for a County development order, as defined in Sec. 163.3164 (7), F.S., including but not limited to: Rezone petitions, including those for Planned Unit Development (PUD) districts, Conditional Use, Site Development Plans, Subdivision Plats, and Building Permits, including but not limited to their corresponding zoning, engineering, environmental, transportation, building, and fire code reviews; and 2. Construct an affordable housing project that contains a minimum of twenty percent (20%) of the total number of approved units as approved affordable housing in the 140% or below of household medium income category; and 3. Include a certificate issued by the Collier County Community and Human Services Division stating that the affordable housing project has qualified for expedited review status by meeting the criteria as outlined in this Resolution. C. Affordable Housing Expedited Review Procedures. I. Affordable housing review qualification meeting and Certificate. Prior to the pre -application meeting process and an application for a development order being submitted to Collier County for the expedited review process, the applicants or agents must attend a qualification meeting with Collier County Community and Human Services. To qualify, the applicant or agent must demonstrate how the project will comply with paragraph B above. Those projects that demonstrate compliance will be issued a certificate to allow the expedited review process for all development orders. 2. Affordable Pre -application meeting. A pre -application meeting is required prior to a development order application being submitted under this expedited review process. 3 Submittal of affordable expedited review Development Order Application. Once qualified, an application for a development order, including an approved copy of the certificate of affordable housing for expedited review issued [18-GRC-0066111392679/1 1 Packet Pg. 1646 17.B.5 by Collier County Community and Human Services, must be submitted to the County for expedited review within nine (9) months from date of issuance of the certificate. If not timely submitted, the applicant must apply to be re -qualified as set forth above. 4. Affordable housing expedited review time line for application sufficiency. Complete development order application submittal packages, once time - stamped by the Growth Management Department will receive an expedited sufficiency review as set forth below. a. The Growth Management Department, will review the submittal package and determine it to be "complete" or "incomplete" after sufficiency review. b. To be considered "complete" an application submittal package for a Zoning, Engineering and/or Environmental Section type petition must include the following: all items checked off on pre -application meeting notes (i.e., application and review fees, addressing checklist, and any additional information requested and noted during the pre -application meeting, and any other information noted as a required). To be considered "complete" an application submittal package for the Building Permit Section must include all items checked off on the application checklist noted as required (i.e. survey, truss drawings, energy calculations, and any other information noted asrequired). C. An application package deemed "incomplete" will not be accepted and will be returned to the applicant noting the deficiencies and the applicant will be directed to reapply. With each subsequent submittal, the Growth Management Department will determine an application package to be "complete" or "incomplete" after sufficiency review d. Once an application package is deemed "complete" it will have all necessary data entered into the computer project -tracking program noting the project as an "affordable housing" and an expedited review route sheet will be completed, attached, and the application package distributed for staff review within three (3) business days from sufficiency review to determine submittal as "complete". [I 8-GRC-0066111392679/1) Packet Pg. 1647 17.B.5 a. Expedited review times for affordable projects. Review of any development order with an expedited review status will be completed and the appropriate staff reports and approvals completed within one hundred and twenty (120) business days for petition types such as Rezone and/or Conditional Use requests, sixty (60) business days for petition types such as Subdivision Plats and/or Site Development Plan requests, or seventy-five (75) days for residential Building Permit requests from date of distribution for staff review, b. To ensure that expedited review applications move through the review process in a timely manner, all re -submittal packages and plan corrections must be provided to the County by the applicant within fifteen (15) business days measured from the date of staffs review comment letter created at the end of each review cycle. As such, the County's complete 120/60/75 business day review timeframes will not include any time when the County is waiting for the applicant to re -submit plan corrections based on staffs review comment letter. C. In order to meet the complete expedited review period noted in paragraph 5. a and b. above, review staff must complete their reviews for affordable housing applications within fifteen (15) business days from the distribution date of submittal package for planning petitions (Le. PUD Rezones or Conditional Use), seven (7) business days from the distribution date of submittal package for site -related petitions (i.e. Subdivision Plats or Site Development Plans), or twenty- five (25) business days from the distribution date of submittal package for Building Permits. d. Resubmittal packages, additional information and/or corrected plans will be reviewed under the same submittal procedures until all of the assigned review departments have approved the development order and final approval is granted by the County Manager or his designee, e. Once an application for a development order has been rejected twice by County staff, the applicants or agents must attend a mandatory project review meeting to be held with all County review departments yet to approve the application. The purpose of such a project review meeting will be to reach resolution and allow the [18-(3RC-0066111392679/11 a) c N 0 x a� Z M 0 a L 0 3 m as as a� a x w 0 0 0 N w c m E Packet Pg. 1648 17.B.5 application to proceed to public hearings. f. Once all departments have completed reviews for a development order such as but not limited to a site development plan or building permit resulting in an approved status the final approval process shall be completed within three (3) business days (i.e. final typing of permit or approval letter for site development plan). 6. Public Meeting and Hearings. Qualified affordable expedited review projects will be given first priority for scheduling of all meetings including but not limited to pre -application meetings, neighborhood informational (NIM) meetings, project meetings, and public hearings. Note: If an applicant does not respond within the fifteen (IS) business days as outlined in paragraph 5.b. above, the County cannot guarantee first priority scheduling. r� AIA This Resolution adopted after motion, second, and majority vote this day of February 2018. ATTEST, , �.����; .; BOARD9DREWSOLIS, Y CO DWIGI'I E: $ROGK; CLERK COLL aE S�`aSL#0 C �i 6 '*'Clerk A CHAIRMAN sjgnature aniy, '`'�� Approved as to form and legality: Jennifer elpedio Assistant County Atto eyC [ 18-GRC-006611139267911 Packet Pg. 1649 17.B.6 Main: 239.434.6060 jessica@davidsonengineering.com co ,er county Public Services Department Community & Human Services Division CERTIFICATE OF AFFORDABLE HOUSING EXPEDITED REVIEW Name of Development NC Square Mixed -Use Overlay! NC Square Planned Unit Development Address/Location: Southwest comer of the Immokalee Road/Calawba, Street Applicant /Agent: Jessica Harrelson, AICP- Davidson Engineering, Inc. Phone I Email: 239.434,6060 i j s�@davidsonen9ineering com Size of Property: 24.4-aces Proposed Use: 129 residential units (owner occupied) and 54.400 SF commercial Total Number Residential Units Planned: 122 Number of Affordable Housing Units Planned: Rental Owner Occupied 65 121% - 140% AMI - GAP Income Rental Owner Occupied 64 81%- 120% AMI - Moderate Income Rental Owner Occupied 51 % - 80% AMI - Low Income Rental Owner Occupied 50% or less AMI - Very Low Income Rental Owner Occupied 30% or less AMI - Extremely Low Income Permit Number, if available: GMPA- PL20180002233 & MPUD- PL2018000223-4 Proposed Land Use Restriction: __- PUD Restriction or AHDB Agreement Developer Agreement - Impact Fee Deferral Agreement - Grant Restriction X Other: Affordable Housing Agreement 1 hereby certify that the above described project meets the definition of providing affordable Housing In Collier County and as such Is entitled to participate in the County's "Expedited Review Procedures of Affordable Housing" as described in the Collier County Administrative Code through Resolution No. 2018-40. Date 8/3/2020 _ Community and Human Services Dimion ��� ----- Z 02 U bete: Budder/ Owned Developed Contractor _�� �' This Certification must be submitted to the GropArth Management Department with permit application package, or plait revisions, wrihln me moMhs of date of issuance. x Corsrntnd► 4 Hvnar. $cruet Datoon • 3339 Torntami Tral East. Suft 211 • Nxks, Florida 34112-5351 239-252-CARE (?273)- 239-252•CAFE (2233) • 239-252-4230 (RSVP) • www Cairo par n O'hurnatsrsvkcs Packet Pg. 1650 17.B.7 Coibe' r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.xov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi -Judicial Public Hearing Waiver Emergency/Executive Order 2020-04 Hearing of the Collier County Planning Commission and Board of County Commissioners GMPA-PL20180002233/CP-2019-1 (NC Square Mixed Use Overlay) For Petition Number(s): PUDZ-PL20180002234 LLC Regarding the above subject petition number(s), Immokalee Square, (Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the Collier County Planning Commission and Board of County Commissioners, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Name: Antonio Brown, Manager, Immokalee Square, LLC Signature*: ✓❑ Applicant ❑ Legal Counsel to Applicant Date: C �p -z' Z U * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. Packet Pg. 1651 17.B.8 1537( T_ � �) 3 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on'April 27, 2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, to consider the enactment of two Ordinances. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES TO CREATE THE NC SQUARE MIXED - USE OVERLAY ON LAND IN THE AGRICULTURAURURAL DESIGNATION AND RURAL FRINGE MIXED USE DISTRICT -RECEIVING LANDS OVERLAY TO ALLOW UP TO 44,400 SQUARE FEET OF COMMERCIAL USES, A 12,000 SQUARE FOOT DAYCARE LIMITED TO 250 STUDENTS, AND A MINIMUM OF 120 AND A MAXIMUM OF 129 AFFORDABLE HOUSING RESIDENTIAL DWELLING UNITS AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 24.4t ACRES AND LOCATED AT THE SOUTHWEST CORNER OF iMMOKALEE ROAD AND CATAWBA STREET APPROXIMATELY 1.6 MILES WEST OF WILSON BOULEVARD IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. [PL201800022331 AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURAL ZONING DISTRICT WITHIN THE MOBILE HOME OVERLAY AND THE RURAL FRINGE MIXED USE DISTRICT OVERLAY -RECEIVING LANDS TO THE MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) WITHIN THE RURAL FRINGE MIXED USE DISTRICT OVERLAY -RECEIVING LANDS FOR A PROJECT KNOWN AS NC SQUARE MPUD, TO ALLOW UP TO 44,400 SQUARE FEET OF COMMERCIAL USES, A 12,000 SQUARE FOOT DAYCARE, AND A MINIMUM OF 120 AND A MAXIMUM OF 129 DWELLING UNITS WITH AN AFFORDABLE HOUSING AGREEMENT. THE PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD AND CATAWBA STREET APPROXIMATELY 1.6 MILES WEST OF WILSON BOULEVARD IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.4t ACRES; AND BY PROVIDING AN EFFECTIVE DATE.[PL201800022341 1 If � �, •: :.� Oil Well RD $.E ` _U. G Randall IMmakal00 RD BLVD f i •-. '^ire" �, £�a, �"'€� 3.. y f � �. t to ; A Projectr3 i Location M s Copies of the proposed Ordinances are'on file with the Clerk to the Board and -are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior fo the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted.to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COViD-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colliercounWi.gov. individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey-Willig0colliercount3fl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made; which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K. KiNZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL) no-cuoaa4000-o4 Z D M r M U! to Packet Pg. 1652 CO*r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: PUDZ Date and Time: Wednesday 8 / 8 / 18 1: 30 PM Assigned Planner: Nancy Gundlach Engineering Manager (for PPL's and FP's): Project Information ProjectName: Tmmokalee Square (PUDZ) PL#: 20180002234 214160008 & 214000003 A -MHO RFMUO-Receiving Property ID #: Current Zoning: Project Address: Applicant: Jessica Harrelson City: State: Zip: Agent Name: Davidson Engineering Phone: 239-434-6060 Agent/Firm Address: 4365 Radio Rd, Ste 201City: Naples State: FL Zip: 34104 Property Owner: World Strategic Alliances WSA Please provide the following, if applicable: i. Total Acreage: 24.51 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 7/24/2018 Page 1 1 of 5 Co*.r Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colliereov.net/Home/ShowDocument?id=75093. Lom Tfrr- t t2d) �' �c�, ati �-!�' !t'A Ste, 'Yj''� � � ►3 �.1 `'�-� /�rj � i-T� �J� e —I- Fig I.✓I n� "i7lLNiOn tN4ns, — FLI�' P-yfl- le iwki,114 f 1;-A,�A- )SA-1/W.C1 6A A41,t3S l`tv/'4 ?e!%6G5 7. i T)&(eLjC 14l7LIT C,5- L-A-EA 5£2v7C� - A'JikIt-4A1:, V14 h`' w AT Xe �rvt . L,1 U-62EL AVAIL-406 (9Er(.,,1V!N6 1N ZOt9 V I A IL" F,"y,N Alk$1>F, 1AW 0 kA L.Ef- A b 6 IF TZ.)1/V GJC--' S 5C)Lk-[P Mitty FFDZ A '1 S tc�v j L Z"/47 vim. PLE 45E W (ACt 16- W j,�L lu— F,�A T4)UI% 61 GEES -50CI 7 -1 /6 C W i3 ►,,VE-t> GJL J CAL L-CQOIL-�/r- A^)-5-M 1Ss tc)N 5;'s ICI ANC QA4 i�A AM Lot) P I w 6. Disclaimer. Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/24/2018 Page 1 2 of 5 Co*r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (234) 252-2400 [- � �6(ry)u)Aef. Cit �?(AIt' /%Q51/J � �1'(XO if-5'41, ' n�/c` gr�/it �C.SIN CtuciClhra 1.oyd,5el_-p c„e �Or-�{� -N4ed �mrvry�C !fir/ iNlr LLlor� l�]I�h � 1,U ►., f� A� ��u��- 'ror� �lor�e=�` ram'%�1 ` � �,���� � �d,�,d�r►i�CL,A�C rU� � a � ��l> 1"X1 3 n :ti-t r r►� b � r l `rr" J r yt � ndvr ; �-fi �� �S i-c � i" �: CL �C��`r � icm L40L I Other required documentation for submittal (not listed on application): Disclaimer- Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. 3� Updated 7/24/2018 Page I,6"'of 5 Co*r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Other required documentation for submittal (not listed on application): Disclaimer. Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. 3g Updated 7/24/2018 Page �-Tof 5 RFMU Environmental PUDZ-PUDA Checklist Project Name — I. Is the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.03.05-2.03.08; 4.08.00) Not in CV Library 2. Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G.1. Application Contents #24). 3. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.H.1). 4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.13-1); 3.05.07.F; 3.05.07.H. Ld-e). 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H. Lb. 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4) 7. Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross -sections for each preserve boundary identifying all site alterations within 25'. (LDC 3.05.07.H.3; 6,01.02.C.) 8. Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) 9. Provide Environmental Data identifying author credentials, consistency determination with the GMPs, off -site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 3.08.00) 10. PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) 11. If the PUD includes a Preserve Tract section A. Principal Use: Preserve B. Accessory Uses: Uses subject to LDC section Allowable uses within County required preserves Alternate format. If the agent insists on listing specific uses under Accessory Uses, the following language shall be used for B: B. Passive uses are allowed within preserves to provide for access to the preserve, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation or cause loss of function to the preserve. Passive uses are subject to LDC section Allowable uses within County required preserves: 1. Pathways 2. Stormwater only when in accordance with the LDC. Environmental Review Checklist Page 1 of 5 12. Site Plan note when Preserve acts as Landscape Buffer — COORDINATE WITH LANDSCAPE REVIEW. Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document or master plan: Type B or C Landscape Buffer (provide as Buffer commitment): Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to provide the required (insert Type B or C) buffer, a minimum 6-foot-wide landscape buffer easement located outside of the preserve will be conveyed by owner to a homeowner's association or condominium association at time of SDP or plat approval. Owner will plant additional landscape material in the buffer easement to achieve the opacity requirement no later than one year from the issuance of the first residential certificate of occupancy. Do not include this as an Environmental Commitment. If Landscape Review wants to include as a commitment, it shall go into a Buffer section. 13. PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that will be preserved on the site. (LDC 10.02.13.A.2.) Unique Features- P628 Example: A management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. 14. Review cross -sections if provided; they are not required with the PUD. However, sometimes they are provided. Is there any fill proposed in the preserve? 15. Wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system shall provide an assessment of the value and function of the onsite wetlands (WRAP score). Direct impacts of development shall be directed away from high quality wetlands. (LDC 3.05.07.F.3.a) 16. Wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system being utilized by listed species, serving as wildlife corridors and existing wetland flow ways shall be preserved onsite, even if by doing so exceeds the required preservation acreage. (LDC 3.05.07.F.3.b-c) 17. Wetland preserves within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system shall have a vegetated (existing or planted) upland buffer located landward from the approved jurisdictional line. Provide planting plan and plant list if supplemental planting is required. (LDC 3.05.07.17.3.f) 18. All direct impacts to wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system shall be mitigated. Provide a mitigation assessment. (LDC 3.05.07.F.3-4) Environmental Review Checklist Page 2 of 5 Environmental Data Checklist The Environmental Data requirements can be found in LDC Section 3.08.00 Provide the EIS fee if PUD or CU. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. 6. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. Provide when treated stormwater is being directed into preserves (#S above). 7. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered 8. Provide a survey for listed plants identified in 3.04.03 9. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed Environmental Review Checklist Page 3 of 5 species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay for the site. Wildlife habitat management plans shall be included on the SDP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or final plat construction plans. Note: Not required at time of Land use petitions except for Bald Eagle Management Plans. Staff requests management plans for other species are only provided at time of Plat or SDP. 10. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. a. Provide descriptions of each FLUCFCS code Provide calculations for the acreage of native vegetation required to be retained on -site. a. Demonstrate on map. b. Provide a companion chart. Include the above referenced calculations and aerials on the SDP or final plat construction plans. For SDP/Plat provide in a separate report; for land use petition provide in environmental data report the following: demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. 11. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RFMU, ST and ACSC-ST districts. Include this information on the SDP or final plat construction plans. 12. Where off -site preservation of native vegetation is proposed in lieu of on -site, demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type of donation (monetary payment or land donation) identified to satisfy the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification number(s) of the off -site parcel(s) if off -site donation of land is to occur. 13. Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by FDEP. 14. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. 15. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. 16. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005. 17. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Indicate that the petition is in compliance with 3.06.00 and does not propose any prohibited uses per LDC 3.06.00. Environmental Review Checklist Page 4 of 5 Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. 18. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 19. For sites located in the Big Cypress Area of Critical State Concern -Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standards and regulations in 4.02.14. 20. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. 2 1. For development orders within RFMU sending lands, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. 22. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) The following to be determined at preapplication meeting: (Choose those that apply) a. Provide overall description of project with respect to environmental and water management issues. b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 23. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. 24. Is EAC Review (by CCPC) required? — Possibly, staff to confirm at Review 1. Environmental Review Checklist Page 5 of 5 CO&Y COLInt y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 201800022,34 Collier County Contact Information: Name Review Discipline Phone Email ❑ David Anthony Summer Araque Environmental Review Environmental Review 252-2497 252-6290 david.anthony@colliercountyfl.gov summer.brownaraque@colliercountyfl.gov ❑ Claudine Auclair GMD Operations and Regulatory Management 252-5887 claudine.auclair@colliercountyfl.gov ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@coiliercountyfLgov ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov ❑ Craig grown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov 91 Thomas Clarke Operations Coordinator 252-2584 thomas.clarke@colliercountyfl.gov ❑ Kay Deselem Zoning Services 252-2586 kay.deselem@colliercountyfl.gov ❑ Dale Fey Eric Fey, P.E. North Collier Fire Utility Planning 597-9227 252-1037 dfey@northcollierfire.com eric.fey@colliercountyfl.gov ❑ Tim Finn, AICP Zoning Division 252-4312 timothy.finn@colliercountyfl.gov ❑ Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ElPaula Fleishman Impact Fee Administration 252-2924 paula.fleishman@colliercountyfl.gov ❑ James French Growth Management Deputy Department Head 252-5717 james.french@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ 5torm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov Nancy Gundlach, AICP, PLA Zoning Division 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Shar Hingson Greater Naples Fire District 774-2800 shingson@gnfire.org ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov El JodiHughes Transportation Pathways 252-5744 jodi.hughes@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Marcia Kendall Comprehensive Planning 252-2387 marcia.kendall@colliercountyfl.gov ❑ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov ❑ Gil Martinez Zoning Principal Planner 252-4211 gi I bert. m a rtinez @ coil iercountyf Lgov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov ❑ Matt McLean, P.E. Development Review Director 252-8279 1 matthew.mclean@colliercountyfl.gov Updated 7/24/2018 Page 1 4 of 5 Corder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov ❑ Stefanie Nawrocki Development Review - Zoning 252-2313 stefanie.nawrocki@colliercountyfl.gov S( Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ Brandy Otero Transit 252-5859 brandy.otero@colIiercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Daniel Roman, P.E. Engineering Utilities 252-2538 daniel.roman@colliercountyfl.gov ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑ James Sabo, AICP Zoning Principal Planner james.sabo@colliergo.net Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Chris Scott, AICP Development Review - Zoning 252-2460 chris.scott@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Camden Smith Zoning Division Operations 252-1042 camden.smith@colliercountyfl.gov ❑ Scott Stone Assistant County Attorney 252-5740 scott.stone@coil iercountyfLgov ❑ Mark Strain Hearing Examiner/CCPC 252-4446 mark.strain@colliercountyfl.gov V_ Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Jessica Velasco Zoning Division Operations 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 david.weeks@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review 252-5518 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review -Zoning 252-5748 christine.wiIlough by@coil iercountyfLgov Additional Attendee Contact Information: Representing �.. .,, 11 1 7 r 11 r� • -- --1 ��t_.Le To.1 1hi I' �► .�1ZO I J 41.. Updated 7/24/2018 Page 1 5 of 5 C01t7eV C014 Lty Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20180002234 — Immokalee Square (PUDZ) PRE-APP INFORMATION Assigned Ops Staff: Thomas Clarke Camden Smith,(Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Jessica Harrelson, Davidson Engineering (239)434-6060 • Agent to list for PL# Davidson Engineering -Josh Fruth; Derek Burr, AICP; Anna Weaver; Jessica Harrelson • Owner of property (all owners for all parcels) World Strategic Alliances WSA • Confirm Purpose of Pre-App: (Rezone, etc.) Proposed mixed -use subdistrict within the RMFU-Receiving Lands to consist of commercial along Immokalee Road frontage and multi -family in the rear of the property • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): While there is no specific site plan determined at this time, preliminary concepts have one or more commercial buildings along the frontage to Immokalee Road with a driveway connection from Immokalee and a driveway connection from Catawba Street. Multifamily structures may be behind the commercial buildings with preserve in the southern, rear of the property. Possible SF of commercial -± 80,000 Possible no. of residential units -TBD • Details about Project (choose type that applies): PUD-Z - At this time, the project would be constructed at one time over the entire property. The commercial and multifamily portions will be separated into two tracts. Aerial map attached. Survey is forthcoming and will not be complete by the time of this meeting. -,1 Zoning Division - 2800 North Horseshoe Drive - Napies, Florida 34104.239-252-2400 • www.cdkergov.net Coen County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Fino4ubmittal Requirement Checklist for: LV PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary ,—,/ l(� ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1Li List Identifying Owner and all parties of corporation 1 Signed and sealed Boundary Survey 1 Architectural Rendering of proposed structures 1EJ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ Statement of Utility Provisions 1 Environmental Data Requirements pursuant to LDC section 3.08.00 1 Ely 11 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ Traffic Impact Study 1 LJ Historical Survey 1 E School Impact Analysis Application, if applicable 1EJ Electronic copv of all reauired documents 1 Completed Exhibits A-F (see below for additional information)* ❑ I ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ,�, / ❑ Checklist continues on next pace Updated 2/01/2018 Page 9 of 11 CAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ / (� Revised PUD document with changes crossed thru & underlined 1 Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: Y Exhibit A: List of Permitted Uses *"Exhibit B: Development Standards IV Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code V Exhibit D: Legal Description IV Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO RF Rnt]TFn TO TNF Fni i nwuur. aFvimAtcDc. School District (Residential Components): Amy ockheart E071 Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams & David Berra I LT Emergency Management: Dan Summers Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: I _ ASSOCIATED FEES FOR APPLICATION I V re -Application Meeting: $500.00 V PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre 11 PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre V Comprehensive Planning Consistency Review: $2,250.00 V" Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑ Listed or Protected Species Review (when an EIS is not required): $1,000.001JIA Transportation Review Fees: Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 Updated 2/01/2018 Page 10 of 11 CoMer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 XLegal Advertising Fees: CCPC: $1,125.00 BCC: $500.00 ❑ School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date Updated 2/01/2018 Page 11 of 11 C( er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff DATE PROCESSED ✓❑ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Antonio Brown, Manager, Immokalee Square, LLC Name of Applicant if different than owner: Address: 2055 Trade Center Way city: Naples Telephone: 239.260.1523 Cell: E-Mail Address: abrown@niancorp.com State: FL ZIP: 34109 Name of Agent: Jessica Harrelson and Noel Davies, Attorney Firm: Davidson Engineering, Inc. / Quarles & Brady, LLP Address: 4365 Radio Rd, Suite 201 / 1395 Panther Lane, Suite 300 City: Naples Telephone: 239.434.6060 / 239.434.4937 Cell: Fax: State: FL Fax: N/A ZIP: 34104 / 34109 E-Mail Address: Jessica@davidsonengineering.com; Noel.Davies@quarles.com Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. July 30, 2018 Page 1 of 11 C( er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: A -MHO RFMUO-RECEIVING Zoning district(s) to the MPUD zoning district(s). Present Use of the Property: Undeveloped Proposed Use (or range of uses) of the property: Commercial/ Residential Original PUD Name: N/A Ordinance No.: N/A PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre -application meeting; and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 29 / 48 / 27 Lot: Block: Subdivision: N/A Metes & Bounds Description: Plat Book: Page #: See attached survey for Legal Description Property I.D. Number: 00214160008 & 00214000003 Size of Property: 24.4-acres ft. x ft. = Total Sq. Ft. Acres: 1,062,862 Address/ General Location of Subject Property: NW Corner of Immokalee Road and Catawba Street PUD District (refer to LDC subsection 2.03.06 Q ❑ Commercial ❑ Residential ❑ Community Facilities ❑■ Mixed Use ❑ Other: ❑ Industrial July 30, 2018 Page 2 of 11 C( er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N ROW / A -MHO Immokalee Rd / Developed Residential (Twin Eagles) S A-RFMUO Developed Agriculture (Crawford Landscaping) / Undeveloped E ROW / A-RFMUO Catawba Street / Developed Ag / Residential W A-RFMUO Undeveloped If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: _/_/ Lot: Block: Subdivision: Plat Book: Page #: Property I.D. Number: Metes & Bounds Description: ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Golden Gate Estates Area Civic Association, Inc. Mailing Address: 100 13th ST SW City: Naples State: FL Zip: 34117 Estates-AreaVoice@embargmail.com; Michael.R.Ramsey@embargmail.com Name of Homeowner Association: Twin Eagles HOA Mailing Address: 11725 Twin Eagles Blvd Name of Homeowner Association: City: Naples State: FL Zip: 34120 Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: July 30, 2018 Page 3 of 11 cAer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. SEE SEPARATE SHEET. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. July 30, 2018 Page 4 of 11 C( er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. July 30, 2018 Page 5 of 11 cAer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Immokalee Square, LLC Address: 2055 Trade Center Way Telephone: 239.260.1523 Cell: E-Mail Address: abrown@niancorp.com Address of Subject Property (If available): City: Naples State: FL ZIP: City: Naples State: FL PROPERTY INFORMATION Section/Township/Range: 2 48 27 / Lot: Block: Subdivision: N/A Metes & Bounds Description: See attached survey Plat Book: Page #: Fax: ZIP: 34109 Property I.D. Number: 00214160008 & 00214000003 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System ❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: North County Water Reclamation Facility d. Package Treatment Plant ❑ (GPD Capacity): 24,100,000 e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System ❑ b. City Utility System ❑ C. Franchised Utility System ❑ d. Private System (Well) ❑ Provide Name: North County Regional Water Treatment Plant Total Population to be Served: 129 residential units, 44,400 sf commercial space, 12,000 sf daycare facility (Limited to 250 Children) Peak and Average Daily Demands: A. Water -Peak: 161,364GPD Average Daily: 119,529 GPD B. Sewer -Peak: 115,260 GPD Average Daily: 85,378 GPD If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: January 1st, 2022 July 30, 2018 Page 6 of 11 cAer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. See LOS. Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Acknowledged. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. July 30, 2018 Page 7 of 11 DE DAVIDSON E N G I N E E R I N G CELEBRATING 20 YEARS PUBLIC FACILITIES LEVEL OF SERVICE (LOS) ANALYSIS The NC Square MPUD comprises approximately ±24.4-acres and is located on the southwest corner of Immokalee Road and Catawba Street. The purpose of this development is to increase the residential density to a maximum of 129 residential units and allow general commercial uses to serve surrounding residential areas and passerby -traffic. For this comparative analysis, the site will be conceptually developed to the maximum standards using the proposed zoning. Summary for Existing Use: The existing project site is vacant. Summary for Proposed Change in Use: Multi -Family Residential (Apartments): Multi -Family Residential (Town Homes): Commercial: Child Daycare: 87 Units 42 Units 44,400 sf 12,000 sf (Limited to 250 Children) The Capital Improvement Element of the Growth Management Plan establishes Levels of Service for the following: Arterial and Collector Roads Surface Water Management Systems Potable Water Systems Sanitary Sewer Systems Solid Waste Disposal Facilities Parks and Recreation Facilities Public School Facilities Each of the areas will be examined for the development in this summary report. Arterial and Collector Roads See included Traffic Impact Statement for Level of Service. The level of service is not significantly or adversely impacted by the proposed build -out. NC Square MPUD P U DZ-P L20180002234 April 4, 2020 1 www.davidsonengineering.com DE DAVIDSON E N G I N E E R I N G CELEBRAT NG 20 YEARS Surface Water Management Systems The NC Square MPUD project is a mixed -use project that consists of commercial and residential uses. The stormwater management system with be designed to Collier County and SFWMD standards. The commercial portion will provide the required %' pre-treatment prior to discharging to the onsite wet detention ponds. The wet detention ponds will provide all the remaining required water quality and quantity standards prior to discharging to the on -site southern preserve. Potable Water and Sanitary Sewer Systems Potable water and wastewater for the proposed site will be provided by Collier County Utilities. Water service is readily available to the project via an existing 8" water main at the northeast corner of the property (southwest corner of Catawba St & Immokalee Rd), and wastewater service is readily available to the project via an existing 16" force main along the north side of Immokalee Rd. Water for irrigation will be provided by either a private well, on -site lakes or Collier County Utilities subject to the provisions of LDC 4.03.08 C, the Collier County Irrigation Ordinance (2015-27) and other applicable rules and regulations. If a private well or lake is utilized for irrigation, a water use permit through SFWMD will be applied for at the time of SDP permitting. Please see the included CC wastewater flow worksheet and Statement of Utility Provisions for proposed potable water and wastewater demands. Solid Waste Disposal Facilities According to the Collier County 2019 AUIR, currently there is a permitted capacity of 13,547,175 tons, and a ten-year landfill capacity requirement of 2,675,006 tons. The estimated life of the landfill is 42 years. The existing landfill capacity is adequate to accommodate the additional tons per capita generated by the proposed project. The level of service is not significantly or adversely impacted by the proposed build -out. Parks and Recreation Facilities Per the Collier County 2019 AUIR, there is a projected 2023/2024 surplus of 56.01 community park acres and 216.29 regional park acres. A population increase of approximately 333 (129 residential units x 2.5 people per household) people will require 0.40 community park acres (Level of service standard of 1.2 acres per 1,000 people) and 0.90 regional park acres (Level of service standard of 2.7 acres per 1,000 people) to maintain Collier County level of service standards. Additionally, the proposed development will have private amenities for residents that will reduce the impact to public park and recreational facilities. Therefore, the level of service is not significantly or adversely impacted by the proposed build -out. NC Square MPUD P U DZ-P L20180002234 April 4, 2020 2 www.davidsonengineering.com DE DAVIDSON E N G IN E E R ING CELEBRA7tNG 20 YEARS Public School Facilities School Impact fees will be paid based on the proposed 129 residential units to offset any impacts to school population or facilities. The level of service is not significantly or adversely impacted by the proposed build -out. Fire and EMS Facilities The subject site is located within the North Collier Fire & Rescue District. The nearest fire/EMS station (station No. 10) is located at 13240 Immokalee Rd., approximately 2.2 miles away from the subject site. The level of service for fire and EMS facilities is not significantly or adversely impacted by the proposed build -out. NC Square MPUD PUDZ-PL20180002234 April 4, 2020 www.davidsonengineering.com Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierXov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Immokalee Square, LLC See Exhibit A for legal description (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Immokalee Square planned unit development (M PUD) zoning. We hereby designate Davidson Engineering, Inc. legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Owner ANTONIO BROWN, MANAGER, IMMOKALEE SQUARE, LLC Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Owner Printed Name Sworn to (or affirmed) and subscribed before me this `'� day of J�-t t/L-C-- , 201a by rkjot.6,�, who is personally known tome or has produced as identif at n. Notary Public v-U �,,��rlt�a,SName typ c{ ri ted or stampe aY °�e�'', �ivla�ia Branco COMMISSION NFF913814 July 30, 2018 3s,dr� EXPIRES: August 27, 2t)19 Page 8 of 11 �.,, t t ��� www.AARoNNOTARY.COM Exhibit A Legal Description: (Official Records Book 5534 Page 851 Collier County, Florida) The West 1/2 of the Northeast 1/4 of the Northwest 1/4 and the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 29, Township 48 South, Range 27 East, less the north 100 feet thereof previously dedicated for State Highway purposes and less lands described as Parcel 139 in Order of Taking records in Official Records Book 3302, Page 3221, all within Collier County, Florida. Description: Parcel 139 Order of Taking Records in Official Records Book 3302, Page 3221, Collier County, Florida A portion of the W 1/2 of the NE 1/4 of the NW 1/4, and the NE 1/4 of the NE1/4 of the NW 1/4 of Section 29, Township 48 South, Range 27 East, Less the North 100 feet thereof, previously dedicated for State Highway purposed, Collier County, Florida. more particularly described as follows: Commence at the North 1/4 Corner of said Section 29; thence South 02°22'23" East, along the east line of the Northwest 1/4 of said Section 29, for a distance of 100.04 feet, to a point on the Southerly Right -of -Way line of State Road #846 (Immokalee Road) and the POINT OF BEGINNING of the herein described parcel; thence continuing, South 02°22'23" East, along the said East line, for a distance of 88.99 feet; thence South 86°00'23" West, for a distance of 328.55 feet; thence North 03°59'37" West, for a distance of 10.00 feet; thence South 86°00'23" West, for a distance of 342.35 feet; thence South 03°59'37" East, for a distance of 19.73 feet; thence South 86°00'23" West, for a distance of 109.24 feet; thence North 03°59'37" West, for a distance of 20.06 feet; thence South 86°00'23" West, for a distance of 505.83 feet; thence North 02°23'24" West, for a distance of 78.65 feet, along the west line of the Northeast 1/4 of the Northwest 1/4 of said Section 29; to a point on said Southerly Right -of -Way Line; thence North 86°00'23" East, along said Southerly Right -of -Way Line, for a distance of 1,286.29 feet, to the POINT OF BEGINNING, Containing 2.452 acres, more or less. Legal Description: (Official Records Book 5534 Page 581 Collier County, Florida) The West 1/2 of the Northeast 1/4 of the Northwest 1/4 and the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of section 29, Township 48 South, Range 27 East, less the north 100 feet thereof previously dedicated for State Highway purposes and less lands described as Parcel 139 in Order of Taking records in Official Records Book 3302, Page 3221, all within Collier County, Florida. Description: Parcel 139 Order of Taking Records in Official Records Book 3302, Page 3221, Collier County, Florida A portion of the W 1/2 of the NE 1/4 of the NW 1/4, and the NE 1/4 of the NE1/4 of the NW 1/4 of Section 29, Township 48 South, Range 27 East, Less the North 100 feet thereof, previously dedicated for State Highway purposed, Collier County, Florida. more particularly described as follows: Commence at the North 1/4 Corner of said Section 29; thence South 02°22'23" East, along the east line of the Northwest 1/4 of said Section 29, for a distance of 100.04 feet, to a point on the Southerly Right -of -Way line of State Road #846 (Immokalee Road) and the POINT OF BEGINNING of the herein described parcel; thence continuing, South 02°22'23" East, along the said East line, for a distance of 88.99 feet; thence South 86°00'23" West, for a distance of 328.55 feet; thence North 03°59'37" West, for a distance of 10.00 feet; thence South 86°00'23" West, for a distance of 342.35 feet; thence South 03°59'37" East, for a distance of 19.73 feet; thence South 86°00'23" West, for a distance of 109.24 feet; thence North 03°59'37" West, for a distance of 20.06 feet; thence South 86°00'23" West, for a distance of 505.83 feet; thence North 02°23'24" West, for a distance of 78.65 feet, along the west line of the Northeast 1/4 of the Northwest 1/4 of said Section 29; to a point on said Southerly Right -of -Way Line; thence North 86°00'23" East, along said Southerly Right -of -Way Line, for a distance of 1,286.29 feet, to the POINT OF BEGINNING, Containing 2.452 acres, more or less. Property contains 24.4 acres or 1,062,862 square feet more or less. cAer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary ❑ ❑ Completed Application with required attachments (download latest version) 1 ❑ Pre -application meeting notes 1 ❑ Ll Affidavit of Authorization, signed and notarized 1 ❑ Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 ❑ Completed Addressing Checklist 1 ❑ Warranty Deed(s) 1 0 ❑ List Identifying Owner and all parties of corporation 1 0 Signed and sealed Boundary Survey 1 ✓ I ❑ Architectural Rendering of proposed structures 11 El I ❑✓ i Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 0 ❑ Statement of Utility Provisions 1 I 0 I �❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 ❑✓1 ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ ❑✓ i Fl Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ Traffic Impact Study 1 ❑✓� ❑ Historical Survey 1 ❑✓ Li School Impact Analysis Application, if applicable 1 ✓ ❑ Electronic copy of all required documents 1 ✓❑ ❑ Completed Exhibits A-F (see below for additional information)' ❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ Checklist continues on next page July 30, 2018 Page 9 of 11 c er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy ❑ ❑ ✓ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ Revised PUD document with changes crossed thru & underlined 1 I ❑ I ✓❑ Copy of Official Interpretation and/or Zoning Verification 1 1 ❑ I ✓❑ *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each 171 Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams & David Berra ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: I ASSOCIATED FEES FOR APPLICATION I Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre ❑� Comprehensive Planning Consistency Review: $2,250.00 ❑✓ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 ❑✓ Trans ortation Review Fees: Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 ❑✓ Major Study Review $1,500.00 July 30, 2018 Page 10 of 11 cAer County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5r" and subsequent re -submittal will be accessed at 20% of the original fee. 2.19.2019 Signature f Petitioner r hent Date Jessica Harrelson Printed named of signing party July 30, 2018 Page 11 of 11 DE DAVIDSON ENGINEERING NC SQUARE MPUD REZONE NARRATIVE AND EVALUATION CRITERIA PROJECT NARRATIVE: The subject application includes a request for 129 residential affordable housing units within a mixed -use development. Such a request fits squarely within the County's Growth Management Policies encouraging the development of affordable housing: "The goal of the Housing Element of the Collier County Growth Management Plan is 'to create an adequate supply of decent, safe, sanitary, and affordable housing for all residents of Collier County.' ... The development of private housing in Collier County is driven by an expensive housing stock; effectively excluding low-income and working-class families from the housing market. Thus, there is a need for the County to find way to encourage the provision of affordable - workforce housing for these families." The subject site is comprised of two separate parcels, collectively ±24.4-acres in size. The properties are located along Immokalee Road, at the southwest corner of Immokalee Road and Catawba Street, in Section 29, Township 48 South and Range 27 East, and are approximately ±1.6 miles west of the Wilson Boulevard/Immokalee Road intersection and ±3.4 miles east of the Collier Boulevard/ Immokalee Road intersection. The current zoning of the subject properties is Agricultural — Rural Fringe Mixed -Use District — Receiving Lands. The proposed NC Square Mixed -Use PUD, along with the companion GMPA, will allow an increase in residential density, from the otherwise base density of one unit per five acres, to a maximum of 129 residential units. The PUD will further permit general commercial uses to serve surrounding residential communities and passerby -traffic. The vision of the proposed development is to create a compact, walkable community with the possibility of job creation within, while also providing the opportunity for affordable housing to Collier County residents. Child care services will be provided on -site to alleviate the need to travel for such service when living within the development, and also aide in the need to travel many miles for others living nearby. NC Square will offer affordable housing and services for residents of Collier County east of Collier Boulevard. To continue the protection of natural resources in the subject area, the PUD will follow the same native vegetation requirements that are outlined within the RFMUD- Receiving Lands, which requires 40% of native vegetation on -site be preserved, not to exceed 25% of the total site area. The site plan that has been prepared and included for review demonstrates an overall ±6.2-acre preserve. This preserve will also provide a significant buffer to the adjacent residential development that is currently under construction (Valencia Trails formerly known as Brentwood /Twin Eagles South). Due to acreage requirements outlined in the current TDR Program, requiring a minimum of 40-acres for participation, the subject property does not qualify to participate. Adjacent lands are not available for purchase to increase the property acreage to the minimum 40-acre requirement; therefore, the property is restricted to a density of one unit per five acres. However, the proposed PUD and companion GMPA include language, requiring that residential density be subject to an Affordable Housing Density Bonus Agreement between the Owner/Developer and Collier County. NC Square MPUD Rezone PUDZ - PL20180002234 June 17, 2020 1 www.davidsonengineering.com DE DAVIDSON ENGINEERING RURAL FRINGE MIXED -USE DISTRICT RESTUDY: Per the Rural Fringe Mixed -Use District Restudy White Paper, participants made clear they would like to see the opportunity for employment, goods and services, and a mixture of housing types within the RFMUD-Receiving Lands. Participants were in support of increased density within the Receiving Lands and avid about the need for affordable housing within the RFMUD. A statement from the White Paper, regarding the need to address affordable housing, is "it needs to be a much higher priority in the discussion of the RFMUD. The RFMUD plan must have a dynamic affordable housing component built into the plan to avoid both the affordable housing and future workforce crisis. Without it, our community will suffer." A copy of the White Paper has been included for your reference. The White Paper outlines suggested methods to work towards broadening affordable housing, such as allowing mixed -use housing types (apartments, condos, cottage homes, etc.). Single-family residential within gates communities is noted to be the majority of development within the surrounding area; thus, the White Paper also outlines the preference of new residential development to be something other than a single-family residential gated community. Diversifying housing types is a Smart Growth principal and a great planning technique. The proposed PUD meets this method by proposing different affordable housing options (both multi -family and townhouse units). The White Paper further notes that requirements within the RFMUD-Receiving Lands should be amended to promote commercial uses within the area, not only to support the residents within the Receiving Lands but also for the surrounding area. Per a letter from the members of the Golden Gate Area Civic Association, changes to the RFMUD to permit services and employment will compliment the build -out of the Estates. The NC Square PUD is consistent with meeting this intent. In addition, the following can be found within the Restudy: "Mixed -use development has dimensions beyond land use. Healthy places are also found to provide for mix incomes, generations, and housing type. This relates directly to affordable housing. The RFMUD currently requires approximately 10 percent of residential units in villages to be affordable. The issue of the need for affordable housing within the RFMUD was clearly stated in Mr. William Poteet's letter to staff dated June 6, 2016, "The future Rural Fringe plans must include specific opportunities for affordable housing for our entire workforce, not just first time responders or those classified as "workforce housing." Affordable housing must include a mix of apartments, multi family and possibly single-family opportunities." While, Collier County's current comprehensive affordable housing study may provide greater guidance on principles to include in the RFMUD, the program can be improved through this process through greater density and removing the TDR credits currently required for affordable housing." Also stated within the RFMUD Restudy, "This is accomplished by allowing business uses outside of a village in appropriate locations, with approvals as promptly as possible. These steps will support the economic diversification of eastern Collier County". NC Square MPUD Rezone P U DZ - P L20180002234 June 17, 2020 www.davidsonengineering.com DE DAVIDSON ENGINEERING Lastly, the original goals set forth under the current Rural Fringe Mixed -Use District as well as the new goals outlined within the White Paper are being met with the NC Square Mixed -Use Subdistrict. Some of the goals outlined in the White Paper include the following: Protecting wetlands, wildlife and habitat o Although the request includes the removal of the subject properties from the RFMUD, the NC Square Mixed -Use Subdistrict will follow the some Preservation Standards as required in the RFMUD-Receiving Lands, which is 40% of the native vegetation on -site but not to exceed 25% of the total site. The development, as proposed and shown on the Conceptual Master Plan, demonstrates a +6.2-acre preserve area. (+24.4 acres x 25% = +6.1 acres). Direct Growth to appropriate locations o The Receiving Lands have been identified as the most appropriate for development. Utilize creative land use techniques, including new towns, satellite communities, clustering, mixed use and open space. o Creative land use techniques have been utilized to create a compact, walkable/pedestrian friendly community. The proposed mixed -use subdistrict will give its residents an opportunity for affordable housing, while also creating the possibility of job creation within. Improve the TDR credit system o The subject property does not meet the minimum acreage requirements to participate in the TDR program. EVALUATION CRITERIA: The following criteria have been addressed by the applicant to evaluate the proposed PUDR application: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Response: The proposed NC Square Mixed -Use PUD is located within an established area of Collier County and does not contribute to urban sprawl. Appropriate ingress and egress are proposed along Immokalee Road and Catawba Street; refer to Conceptual Master Plan. The MPUD will be served by Collier County Public Utilities, via an existing 8" water main at the southwest corner of Catawba and Immokalee, and a 16" force main on the north side of Immokalee Road; refer the Statement of Utility Provision and Utility Availability Letter. A Traffic Impact Statement has been prepared to outline the projects impacts to area roadway networks, while the MPUD further addresses the development's maximum AM and PM peak -hour trips. Stormwater has conceptually been reviewed and will be finalized at time of Site Development Plan permitting. An Environmental Resource Permit, through the South Florida Water Management District, will be also obtained (as required). NC Square MPUD Rezone P U DZ - P L20180002234 June 17, 2020 www.davidsonengineering.com DE DAVIDSON ENGINEERING b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Response: Evidence of Unified Control has been provided. Immokalee Square, LLC owns the properties that are the subject of this PUD Rezone request. The applicant/developer will be responsible for the provision and maintenance of all facilities on -site. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) Response: A companion Growth Management Plan Amendment has been submitted, requesting to remove the subject property from the Rural Fringe Mixed -Use District, redesignate the site to the Agricultural/ Rural Mixed -Use District and create a Subdistrict within. The proposed NC Square Mixed -Use Subdistrict will allow an increase in residential density, from the otherwise base density of one unit per five acres, to a maximum of 129 residential units. The Subdistrict will further permit general commercial uses within the development as well. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Response: The proposed NC Square MPUD has been designed to be compatible with NC Square MPUD Rezone P U DZ - P L20180002234 June 17, 2020 adjacent developments. The Development Standards, outlined in Exhibit B of the PUD, are the same as those you will find for other developments within the Rural Fringe Mixed Use District. The Conceptual Master Plan depicts the Preserve area along the southern portion of the site and will serve as an additional buffer to the adjacent residential community to the south (Valencia Trails (formerly known as Brentwood/Twin Eagles South). Limitations to several commercial land uses have been addressed within Exhibit F of the MPUD, to further address compatibility with neighboring properties. Lastly, lighting within the commercial tracts will be Dark Skies Compliant to minimize glare onto adjacent developments. www.davidsonengineering.com DE DAVIDSON ENGINEERING The adequacy of usable open space areas in existence and as proposed to serve the development. Response: The proposed MPUD will meet required open space requirements. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Response: The MPUD as proposed does not negatively impact existing public or private facilities. Please refer to the Traffic Impact Statement and Level of Service, included for review. g. The ability of the subject property and of surrounding areas to accommodate expansion. Response: The subject properties are surrounded by rights -of -way, single-family residential and agricultural facilities. Expansion beyond the proposed PUD boundary is not feasible as currently proposed. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Response: The proposed PUD Rezone complies with all applicable regulations set forth within the MPUD and the Collier County Land Development Code. Future Land Use Element Provisions Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). Response: The proposed NC Square MPUD has been designed to be compatible with adjacent developments. The Development Standards, outlined in Exhibit B of the PUD, are the same as those you will find for other developments within the Rural Fringe Mixed Use District. The Conceptual Master Plan depicts the Preserve area along the southern portion of the site and will serve as an additional buffer to the adjacent residential community to the south (Valencia Trails formerly known as Brentwood/ Twin Eagles South). Limitations to several commercial land uses have been addressed within Exhibit F of the MPUD, to further address compatibility with neighboring properties. Lastly, lighting within the commercial tracts will be Dark Skies Compliant to minimize glare onto adjacent developments. NC Square MPUD Rezone PUDZ - PL20180002234 June 17, 2020 www.davidsonengineering.com DE DAVIDSON ENGINEERING Policy 7.1 The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. Response: The NC Square MPUD will have access along Immokalee Road and Catawba Street. Please refer to the Conceptual Mater Plan for access locations. Policy 7.2 The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. The NC Square MPUD will be developed with internal vehicular drive aisles access points; refer to Conceptual Master Plan. Policy 7.3 All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. Due to the design of the adjacent property, interconnects are not feasible. Please refer to the Brentwood plans for development details (aka Twin Eagles South). Access points along Immokalee Road (to the north) and Catawba Street (to the east) are proposed. Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. The NC Square MPUD is proposed to be a compact, walkable community which will consist of affordable housing residential and commercial land uses. Conservation & Coastal Manaeement Element Objectives 6.1 and 6.2 The native vegetation to be retained on -site meets the minimum standards required for the Project (25 percent of the existing native vegetation will be preserved on -site). Selection of the native vegetation preserve area is consistent with the criteria listed in Policy 6.1.1. The on -site preserve area will be protected by a permanent conservation easement to prohibit further development (Policy 6.1.1(3)). The discharge of treated stormwater into the preserve area will not result in adverse impacts to the naturally occurring native vegetation. The pre-treatment of water discharged into the wetland preserve area will meet water quality criteria requirements as set forth by the SFWMD (Policy 6.1.1(5)). NC Square MPUD Rezone P U DZ - P L20180002234 June 17, 2020 www.davidsonengineering.com DE DAVIDSON ENGINEERING • A preserve management plan including exotic vegetation removal, maintenance, and monitoring will be implemented (Policies 6.1.1(6) and 6.1.4). • The requirement for submittal of appropriate environmental data has been satisfied through submittal of the Environmental Data Report (Policy 6.1.8). • Jurisdictional wetlands have been delineated pursuant to the Florida Statutes and have been verified by the SFWMD (Policies 6.2.1 and 6.2.2). • State and federal agency permits will be provided to the County at the time of Site Development Plan submittal. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designation and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. • Required preservation areas are identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. Uses within preserve areas shall not include any activity detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife conservation and preservation (Policy 6.2.6). Objective 7.1 • A listed species survey has been conducted on the Project site in accordance with Florida Fish and Wildlife Conservation Commission (FWCC) and U.S. Fish and Wildlife Service (USFWS) guidelines (Policy 7.1.2(1)). • A listed species management plan was included in the Environmental Data Report for approval by the County. The plan describes the measures that the Project will implement to reduce potential human -wildlife interactions, including measures to avoid the foraging of Florida black bears (Ursus americanus floridanus) in garbage cans and methods to inform future residents of concerns related to interaction between black bears and humans (Policy 7.1.2(2)). • The Project development will comply with applicable federal and state permitting requirements regarding listed species protection (Policy 7.1.4). NC Square MPUD Rezone P U DZ - P L20180002234 June 17, 2020 7 www.davidsonengineering.com .�$trict School � � o Sl- Collier Coul� Collier County School District School Impact Analysis Application Instructions: Submit one copy of completed application and location map for each new residential project requiring a determination of school impact to the Planning Department of the applicable local government. This application will not be deemed complete until all applicable submittal requirements have been submitted. Please be advised that additional documentation/information may be requested during the review process. For information regarding this application process, please contact the Facilities Management Department at 239-377-0267. Please check [�] type of application request (one only): �✓ School Capacity Review ❑ Exemption Letter QConcurrency Determination 0 Concurrency Determination Amendment For descriptions of the types of review please see page 3, Project Name: Immokalee Square MPUD Project Information: Municipality: COLLIER COUNTY Parcel ID#: (attach separate sheet for multiple parcels): 00214160008 & 00214000003 Location/Address of subject property: NW Corner of Immokalee Road / Catawba Street (Attach location map) Approximately ±1.6 miles west of the Wilson Boulevard/Immokalee Road intersection and ±3.4 miles east of the Closest Major Intersection: Collier Boulevard/ Immokalee Road intersection Owner/Contract Purchaser Name(s): II. Ownership/Agent Information: Immokalee Square, LLC Agent/Contact Person: Jessica Harrelson, Davidson Engineering, Inc. (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: 4365 RADIO ROAD, SUITE 201, NAPLES, FL 34104 Telephone#: 239.434.6060 Fax: 239.434.6084 Email Jessica@davidsonengineering.com I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true and correct to the best of my knowledge. Authorzed Agent'oig"Aature III. Development Information 02-12-2019 Date Project Data (Unit Types defined on page 2 of application) Current Land Use Designation: AG Proposed Land Use Designation: Mixed -Use (residential and commercial) Current Zoning:A-Rural Fringe Mixed Use District Proposed Zoning: Immokalee Square PUD Project Acreage:24.4 Unit Type: SF MF MH C G Total Units Currently Allowed by Type: 5 0 Total Units Proposed by Type: 42 87 Is this a phased project: Yes or No If yes, please complete page 2 of this application. Date/time stamp: N W U) Q 2 n W 00 H O z J >J_ F— U w O z I I �v1��UC7 W 0 N O N O 01 � M � N O � N �N�zzz� H �wr�x C7 U L7 c E- Types of Reviews: School Impact Analysis: This review should be divided into two categories: - School Capacity Review (land use and rezonings), and; - Concurrency Determinations (site plans and subdivisions). School Capacity Review is the review of a project in the land use and rezoning stage of development. It is a review of the impact of the development on school capacity and is considered long range planning. This may be a review resulting in mitigation being required. In situations where the applicant may be required to mitigate, capacity may be reserved dependent on the type of mitigation. Concurrency Determination is the review of residential site plans and subdivisions to determine whether there is available capacity. When capacity is determined to be available a School Capacity Determination Letter (SCADL) will be issued verifying available capacity to the applicant and the local government. If a project exceeds the adopted level of service standards, the applicant is afforded the option of a negotiation period that may or may not result in an executed/recorded mitigation agreement Mitigation at this stage is expressed as a Proportionate Share Mitigation Agreement. For those residential developments that may have an impact but are otherwise exempt from concurrency, an exemption letter will be prepared for the applicant upon request. For those residential developments that are determined to not have an impact, a letter of no impact will be prepared for the applicant upon request. Exemption Letter: An applicant may request an Exemption Letter as documentation for the local government. These are projects that would be exempt from school concurrency review or projects that do not impact the public schools. Exemptions from school concurrency are limited to existing single family or mobile home lots of record; amendments to previously approved site plans or plats that do not increase the number of dwelling units or change the dwelling unit type; age restricted communities with no permanent residents under the age of 18; or residential site plans or plats or amendments to site plans or plats that generate less than one student; or are authorized as a Development of Regional Impact (Chapter 380, F.S.) as of July 1, 2005. Concurrency Determination Amendment: An applicant may request an amendment to a previously issued School Concurrency Determination or to an application being processed. This review may require additional staff time beyond the initial concurrency determination review and results in a modified determination being issued. An amendment could result in a negotiation period and/or a mitigation agreement being issued or a previously approved determination being modified and reissued. ArrIUAV1 I OF AU I HUKILA I IUN I, Antonio Brown (print name), as Manager, (title, if applicable) of Immokalee Square, LLC, (company, if applicable), swear or affirm under oath, that I am the (choose one): The owner X applicant contract purchaser _ and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Davidson Engineering, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. *Notes: • if the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L,C.), then the documents should typically be signed by the Company's "Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature STATE OF FLORIDA COUNTY OF COLLIER I —I 70 /00 6- b r o WV Printed Name T e �,e goin in u ent was sworn to (or affirmed) and subscribed before me on 2 ltJ (date) by -� (� n . (name of p r on providin ath or affirmation), as who is personally known tome or who has produced � y of ider�ficatio ) as ' en ' ication. t a JESSICA TAYLA AFFLECK STAMP/SEAL Notary Public. State of Florida re of Notary Public Commission# GG 199372 My comm. expires April 13, 2022 AFFIDAVIT OF AUTHORIZATION FOR PETITIOIN NUMBERS(S) I PL20180002234 Antonio�B.Brown Mana>;er (title, if applicable) Immokalee Sauare. LLC (company, If applicable), swear or affirm under oath, that I am the (choose one) owner X applicant contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imnosed by the aooroved action. 5. We/I authorize Noel J. Davies, Esa.. Davies Duke. PLLC to act as our/my representative in a y matters regarding This petition me u ing I tnrougna ove. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member. " • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the `general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words `as trustee" • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. CP\08-COA-00115\155 REV 3/4/2020 Signature STATE OF FLORIDA COUNTY OF COLLIER Da e The foregoing instrument was acknowleged before me by means of physical presence or ® online notarization this _ day of � �Alc- 20_�A by (printed name of owner or qualifier) .such person(s) Notary Public must check applicable box: Are personally known to me Has produced a current drivers license [� Has produced _ as identification. Notary Signature: _ 12 \Avlana Franca Comm.tGG354913 Expires: August 27, 2023 Bonded Thru Aaron Notary Ce6 f fier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership Immokalee Square, LLC 100% 2055 Trade Center Way, Naples, FL 34109 Franco & Zegada LLC Officer: Guillermo J Franco 26% AR Development Consulting LLC Officer: Roland Hauner, P.A. 9% Antonio B Brown (individual) 10% Totam LLC Officer: Antonio B Brown 5% Bedoya & Sons LLC Officer: Pablo Bedoya Saenz 10% Jose A Katimi (Individual) 30% Oruro Inv. LLC Officer: Tonchi Eterovic Nigoecic 10% C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership Created 9/28/2017 Page 1 of 3 Gother County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership i i e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership 9 Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g. Date subject property acquired 7.9.201 ❑ Leased: Term of lease __ years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: Date option terminates: Anticipated closing date: Co[Cier County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 or AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. i understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 1.25.2019 Agent/Owner Signature Date Antonio Brown, Manager, Immokalee Square, LLC Agent/Owner Name (please print) _._ JESSICA TAYLA AFFLECK ,vQ� p°ate Notary Public. State of Florida �' sian## GG 199372 ed69 7�pi�es April 13. 2022 Page 3 of 3 INSTR 5587867 OR 5534 PG 851 RECORDED 7/18/2018 1:57 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $16,800.00 REC $18.50 CONS $29400,000.00 This instrument was prepared by: Timothy J. Cotter Timothy J. Cotter, P.A. 599 9th Street North #313 Naples, FL 34102 Property Appraisers Parcel Identification (Folio) Number(s): 00214000003;00214160008 File No.: 18-129 Prepared without opinion of title Consideration: $2,400,000.00 WARRANTY DEED This Warranty Deed Made this �day of July, 2018, by World Strategic Alliances (WSA), LLC, a Florida limited liability company, heremafter-ealledthe-grantor, whose post office address is: 4951 North Tamiami Trail, Suite 103, Naples„ to: Immokalee Square, LLC, a Flpricarfimited liability company wh'gse post office address is: 2055 Trade Center Way, Naples, FL �41 e gra WITNESSETH: That said gran�tor,ifdr, rfi�0"co" hsId'i! � f A'um of $10.00 Dollars, and other variable considerations, rec ipt h4reofi�is heneby�a�w; d edlhereby grants, bargains, sells, aliens, remises, releases, con ey '�ra.�.. lnfaftsmurafo. a gr,Vloat certain land situated in Collier County, Florida, viz: \ The West 1/2 of the Northeast Zotahe Northwest 1/4 arr1thelortheast 1/4 of Northeast 1/4 of Northwest 1/4 of Section 29,vT,dw s:h1p 48 South, Rave l East, less the North 100 feet thereof previously dedicated for State Hig`lwy purarses orrd less lands described as Parcel 139 in Order of Taking recorded in Official Recor4s-Bobk�3W, Page 3221, all within Collier County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to 12/31/2017, reservations, restrictions and easements of record, if any. (The terms "grantor" and "grantee" herein shall be construed to include all genders and singular or plural as the context indicates) IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. *** OR 5534 PG 852 *** Signed, Sealed and Delivered in Our Presence: Witness ®�' ✓��� Print name: Witn ss Print name: Wor ie'Alliances (WSA), LLC, a ida limited liability company, By: Calixto Montenegro, President and Authorized Member STATE OF FLORIDA , ' PC,� COUNTY OF COLLIER 4' �ft The foregoing instrument wad ack�o*v edge 4hefor r this °% day of July, 2018 by Calixto Montenegro, President and Nut hgrized Mir i0err Worl Strate is Alliances (WSA), LLC, a Florida limited liability company, who eit c � � ire — irWi rt fit onrbehalf of the company. Who is/are personally knowr f'6 . 4h , , �' � s rod dr1,-Jrjlicense(s) as identification. k �.. I% My Commission expires: G'.E, [SEAL] Notary Kublic My Commission expires: ONc TIMOTHY J. COTTER MY COMMISSION # GG226773 ��� EXPIRES: June I0, 2022 dk k k t� r+ �RCV LEGEND a SUBJECT PROPERTY 24.4 ACRES COLLIER COUNTY MAINTAINED ROADS no PLANNING DEPARTMENT 4365 RADIO ROAD, SUITE 201 NAPLES, FL 34104 DAVIDSON CELEBRATING YEARS PHONE:239-434-6060 IMMOKALEE SQUARE PUD REZONE Z:\Active Projects\I\IMMOKALEE SQUARE\GIS\GIS\IMMOKALEE GMPA PUDZ AERIAL MAP.mxd Date Saved:1/11/2019 TPODIICOCR planning-enoineerine Traffic Impact Statement NC Square Growth Management Plan Amendment (GMPA) Mixed -Use Planned Unit Development Rezone Prepared for: Davidson Engineering 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 (MPUDZ) Exhibit V.E.3 Collier County, Florida 07/30/2020 Prepared by: Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Phone: 239-566-9551 Email: ntrebilcock@trebilcock.biz Collier County Transportation Methodology Fee* — $500.00 Fee Collier County Transportation Review Fee* — Maior Study — $1,500.00 Fee Note — *to be collected at time of first submittal NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Statement of Certification I certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. This item has been electronically signed and sealed by Norman J. Trebilcock, AICP, PE, State of Florida license 47116, using a SHA-1 authentication code. Printed copies of this document are not considered signed and sealed, and the SHA-1 authentication code must be verified on any electronic copies. Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Company Cert. of Auth. No. 27796 Trebilcock Consulting Solutions, PA P a g e 1 2 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Table of Contents ProjectDescription.......................................................................................................................................4 TripGeneration............................................................................................................................................. 5 Trip Distribution and Assignment.................................................................................................................7 BackgroundTraffic........................................................................................................................................9 Existing and Future Roadway Network....................................................................................................... 10 FY20 — FY24 Year Work Program/CIE......................................................................................................10 Project Impacts to Area Roadway Network -Link Analysis.......................................................................... 11 Site Access Turn Lane Analysis.................................................................................................................... 13 Immokalee Road — Main Site Access......................................................................................................13 Catawba Street — Site Access..................................................................................................................13 Immokalee Road and Catawba Street Intersection................................................................................14 ImprovementAnalysis................................................................................................................................ 14 Mitigationof Impact................................................................................................................................... 14 Appendices Appendix A: Project Master Site Plan........................................................................................................ 15 Appendix B: Initial Meeting Checklist (Methodology Meeting)................................................................. 18 Appendix C: ITE Trip Generation Calculations and Land Use Code Descriptions......................................25 Appendix D: Collier County FY20 — FY24 Five Year Work Program/CIE..................................................... 52 Appendix E: Collier County Transportation Element Map TR-7 — Excerpt ................................................. 55 Trebilcock Consulting Solutions, PA P a g e 1 3 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Project Description The NC Square project is located in the southwest portion of the Immokalee Road (County Road 846) and Catawba Street intersection, approximately 1.6 miles west of Wilson Boulevard, and lies within Section 29, Township 48 South, Range 27 East, in Collier County, Florida. The subject property is approximately 24.40 acres in size. Refer to Figure 1— Project Location Map and Appendix A: Project Master Site Plan. Figure 1— Project Location Map Project Google N The project site is vacant and is currently zoned Agriculture — Mobile Home Overlay, Rural Fringe Mixed Use Overlay — Receiving (A -MHO RFMUO — Receiving). A purpose of the Planned Unit Development — Rezone project is to change the zoning designation from A -MHO RFMUO — Receiving to Mixed Use Planned Unit Development (MPUD). An additional purpose of this report is to document the transportation impacts associated with the proposed Growth Management Plan Amendment (GMPA) and the associated Planned Unit Development Rezone (PUDZ). The proposed development parameters are illustrated in Table 1. Trebilcock Consulting Solutions, PA P a g e 14 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Table 1 ITE — Development Land Use Designation Development Land Use — [SIC Codes] ITE LUC — Land Use Size (ITE variable) Residential Townhomes — [Not Applicable] 220 — Multifamily Housing (Low- 42 (dwelling units) Rise) Residential Multifamily Housing — [Not 220 — Multifamily Housing (Low- 87 (dwelling units) Applicable] Rise) Institutional Day Care Center — [#8351— Child Day Care Services] 565 — Day Care Center 12,000 (square feet) Retail — [All PUD permitted uses Commercial typical for a shopping center as 820 — Shopping Center 44,400 (square feet) an inline/outparcel use] Traffic generation associated with the proposed development is evaluated generally based on ITE Trip Generation Manual, 10th Edition and ITE Trip Generation Handbook, 3rd Edition. In agreement with ITE Land Use Code (LUC) descriptions, the ITE land use designations are illustrated in Table 1. The project proposes a connection onto eastbound Immokalee Road and a connection onto Catawba Street. A detailed evaluation of applicable access points will be performed at the time of a Site Development Plan or Development Order application to determine turn lane requirements, as more accurate parameters become available. A methodology meeting was held with the Collier County Transportation Planning staff on January 25, 2019, via email (ref. Appendix B: Initial Meeting Checklist (Methodology Meeting)). Trip Generation The project's site trip generation is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition. The software program OTISS (Online Traffic Impact Study Software, most current version, is used to create the raw unadjusted trip generation for the project. The ITE rates and equations are used for the trip generation calculations, as applicable. The ITE — OTISS trip generation calculation worksheets are provided in Appendix C: ITE Trip Generation Calculations and Land Use Code Descriptions. The internal capture accounts for a reduction in external traffic because of the interaction between the multiple land uses in a site. ITE guidelines used for the calculation of internal capture follow the same recommended procedure presented in the NCHRP Report 684: Enhancing Internal Trip Capture Estimation for Mixed -Use Developments. One of the ITE premises in estimating the internal capture traffic illustrates that the number of trips from a land use within a mixed -use development to another land use within the same development (an internal trip) is a function of the size of the "receiving" land use and the number of trips it attracts, as well as the size of the "originating" land use and the number of trips it sends. The number of trips between a Trebilcock Consulting Solutions, PA P a g e 1 5 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 particular pair of internal land uses is limited to the smaller of these two values (ITE procedure of balancing internal trips in a mixed -use development). For the purposes of this analysis and following Collier County TIS Guidelines recommendations, the overall internal capture rate does not exceed 20%. The pass -by trips account for traffic that is already on the external roadway network and stops at the project on the way to a primary trip destination. Per Collier County TIS Guidelines and Procedures, the pass -by capture for Shopping Centers (LUC 820) should not exceed 25% for the peak hour traffic and 15% daily traffic, and pass -by for the Fast -Food Restaurant with Drive -Through Window (LUC 934) should not exceed 50% for the peak hour traffic and 40% daily traffic. For the purposes of operational analysis, it should be noted that the driveway volumes are not reduced as a result of the pass -by reduction, only the traffic added to the surrounding streets and intersections. As such, pass -by trips are not deducted for operational access analysis (all external traffic is accounted for). Comparison trip generation calculations were performed to determine the highest and best use for the Commercial land use. Two scenarios were analyzed: 1) The ITE LUC 820, Shopping Center was used to generate projected traffic for the proposed total of 44,400 square feet (sf) commercial space and; 2) Assume 20% of the commercial area is restaurant (for a total of 8,880 sf restaurant) while the balance (35,520 sf) is analyzed as Shopping Center. The ITE LUC 934 — Fast -Food Restaurant with Drive -Through Window is utilized as a highest and best use for the restaurant traffic. The trip generation associated with the proposed build -out conditions is summarized in Table 2. Table 2 Project Trip Generation — Build -out Conditions — Average Weekday Daily Two -Way Volume AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Multifamily Housing (Low- Rise) 934 14 47 61 47 27 74 Day Care Center 571 70 62 132 63 70 133 Shopping Center 2,974 105 65 170 121 132 253 Fast -Food Restaurant w/Drive Through Window 4,182 182 175 357 151 139 290 Total Traffic 8,661 371 349 720 382 368 750 Internal Capture (884) (26) (26) (52) (52) (52) (104) Total External 7,777 345 323 668 330 316 646 Pass -by (1,899) (106) (99) (205) (93) (86) (179) Net External 5,878 239 224 463 237 230 467 Trebilcock Consulting Solutions, PA P a g e 1 6 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 In agreement with the Collier County TIS guidelines, significantly impacted roadways are identified based on the proposed project highest peak hour trip generation (net external traffic) and consistent with the peak hour of the adjacent street traffic. Based on the information contained in Collier County 2019 Annual Update and Inventory Report (AUIR), the peak hour for the adjacent roadway network is PM peak hour. Trip Distribution and Assignment The traffic generated by the proposed project is assigned to the adjacent roadways using the knowledge of the area and engineering judgement. The site -generated trip distribution is shown in Table 3 and it is graphically depicted in Figure 2 — Project Distribution by Percentage and by PM Peak Hour. Table 3 Proposed Development — Traffic Distribution for PM Peak Hour Collier Distribution PM Peak Hour Project Vol.* Roadway Link County Roadway Link Location of Project Link No. Traffic Enter Exit Logan Blvd to Collier Res — 40% EB — 64 WB — 61 Immokalee Rd 43.2 Blvd Com — 25% Res —13; Com — 51 Res — 8; Com — 53 Res — 80% EB —129 WB —121 Immokalee Rd 44.0 Collier Blvd to Project Com — 50% Res — 26; Com —103 Res —16; Com —105 Res — 20% WB —108 EB —109 Immokalee Rd 44.0 Project to Wilson Blvd Com — 50% Res — 6; Com —102 Res — 4; Com —105 Wilson Blvd to Oil Well Res —10% WB — 44 EB — 44 Immokalee Rd 45.0 Rd Com — 20% Res — 3; Com — 41 Res — 2; Com — 42 Immokalee Rd to Res — 35% NB — 52 SB — 49 Collier Blvd 30.1 Vanderbilt Beach Rd Com — 20% Res —11; Com — 41 Res — 7; Com — 42 Collier Blvd N/A** North of Immokalee Rd Res-5% SB-13 NB-11 Com — 5% Res — 2; Com —11 Res —1; Com —10 Immokalee Rd to Golden Res — 5% NB — 32 SB — 33 Wilson Blvd 118.0 Gate Blvd Com —15% Res —1; Com — 31 Res —1; Com — 32 Immokalee Rd to 8" St Res — 5% WB — 23 EB — 22 Randall Blvd 132.0 NE Com —10% Res — 2; Com — 21 Res —1; Com — 21 Note(s): *Peak hour, peak direction traffic volumes are underlined and bold to be used in Roadway Link Level of Service calculations. **Not a Collier County Monitored Roadway. Trebilcock Consulting Solutions, PA P a g e 1 7 NC Square MPUD — GMPAIPUDZ — TIS — July 2020 Figure 2 — Project Distribution by Percentage and by PM Peak Hour Project Trip Distribution by Percentage ( (Peak Hour Peak S Direction) Res 40°k Res-50A com-5% (N/A) Cam-20% (NB) Res-1 0% F7C5%� Com-21)% ABS (EB) Res 80% Res-20% Cam-50% (EB) (EB) < > Res-5% Com-10% Res-5% (EB) Com-15% (SB) Go 11P Map data @2018 Google 2000 ft I Project Trip Distribution Res-Ent-3; Exit-2 ( by PM Peak Hour C-Qm--F-nt-41; fxI:-42 NI I Total-Ent-44; Exit-44 Res-Ent-2; Exit-1 I Com7lHnt-1 I � Exit-1 0 Res-Ent-26 ; Ex it- 16 Res-Ent-6; Exit-4 Total-Ent-13; Exit-1 1 -Ent-103� Exit-1rnCom-Ent- 102 � Exit-1 Co ('5 9 Total -Ent -I 08; Exit -I 09 �Total-Ent-1 2'9- Exit -I 21 > Res-Ent-2; Exit-1 Com-Ent-21 : Exit-21 Res-Ent-113; Exit-8 Total-Ent-23; Exit-22 Con-Ent-51-Exlt-53 Res-Ent-1 1; Exit-7 Re�,Ent-i; Exit-1 Total-Ent-64; Exit-61 Com-Ent-41 Exit-42 Com-Ent-31 m Exit-32 Total-Ent-52; Exit-49 Total-Ent-32; Exit-33 ISLAND WALK U.tle Honda Go gle Map data 02018 Google 2000 ft I I Trebilcock Consulting Solutions, PA P a g e 1 8 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Background Traffic Average background traffic growth rates are estimated for the segments of the roadway network in the study area using the Collier County Transportation Planning Staff guidance of a minimum 2% growth rate, or the historical growth rate from peak hour peak direction volume (estimated from 2008 through 2019), whichever is greater. Another way to derive the background traffic is to use the 2019 Annual Update and Inventory Report (AUIR) volume plus the trip bank volume. The higher of the two determinations is to be used in the Roadway Link Level of Service analysis. Table 4, Background Traffic without Project illustrates the application of projected growth rates to generate the projected background (without project) peak hour peak direction traffic volume for the build -out year 2024. Table 4 Background Traffic without Project (2019 - 2024) Roadway Link CC AUIR Link ID # Roadway Link Location 2019 AUIR Pk Hr, Pk Dir Background Traffic Volume (trips/hr) Projected Traffic Annual Growth Rate (%/yr)* Growth Factor 2024 Projected Pk Hr, Peak Dir Background Traffic Volume w/out Project (trips/hr) Growth Factor** Trip Bank 2024 Projected Pk Hr, Peak Dir Background Traffic Volume w/out Project (trips/hr) Trip Bank*** Immokalee Logan Blvd to 43.2 1,930 2.97% 1.1576 2,235 986 2,916 Rd Collier Blvd Immokalee Collier Blvd to 44.0 2,050 3.52% 1.1888 2,438 888 2,938 Rd Project Immokalee Project to 44.0 2,050 3.52% 1.1888 2,438 888 2,938 Rd Wilson Blvd Immokalee Wilson Blvd to 45.0 2,460 4.00% 1.2167 2,993 364 2,824 Rd Oil Well Rd Immokalee Rd Collier Blvd 30.1 to Vanderbilt 1,850 4.00% 1.2167 2,251 547 2,397 Beach Rd Immokalee Rd Wilson Blvd 118.0 to Golden Gate 350 2.0% 1.1041 387 1 351 Blvd Immokalee Rd Randall Blvd 132.0 to 8t" St N E 810 2.0% 1.1041 895 26 836 Note(s): *Annual Growth Rate — Historical Growth Rate or 2% minimum. **Growth Factor = (1 + Annual Growth Rate)5. 2024 Projected Volume = 2019 AUIR Volume x Growth Factor. ***2024 Projected Volume = 2019 AUIR Volume +Trip Bank. The projected 2024 Peak Hour — Peak Direction Background Traffic is the greater of the Growth Factor or Trip Bank calculation, which is underlined and bold as applicable. Trebilcock Consulting Solutions, PA P a g e 19 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Existing and Future Roadway Network The existing traffic conditions for the roadway segments understudy are extracted from the Collier County 2019 AUIR and reflect peak hour, peak direction traffic service volumes, adopted level of service and number of lanes. Consistent with the Collier County's TIS Guidelines, projected future roadway conditions are based on the current Collier County 5-Year Work Program. Roadway improvements that are currently under construction or are scheduled to be constructed within the five-year Transportation Improvement Plan (TIP) or Capital Improvement Program (CIP) are considered to be committed improvements. The adopted FY2020 - FY2024 Five Year Work Program/CIE for Collier County is illustrated in Appendix D. FY20 - FY24 Year Work Program/CIE With potential impact to the study network, the document depicts the following committed road improvements: - Randall/Immokalee Rd Intersection - At grade intersection improvements to include 4-lane widening of Randall Blvd, from Immokalee Rd to 8th St. The existing and future roadway conditions are illustrated in Table 5, Existing and Future Roadway Conditions. Table 5 Existing and Future Roadway Conditions Roadway Link CC AUIR Link ID # Roadway Link Location 2019 Roadway Condition 2019 Min. Standard LOS 2019 Peak Dir, Peak Hr Capacity Volume 2024 Roadway Condition 2024 Min. Standard LOS 2024 Peak Dir, Peak Hr ' Capacity Volume Logan Blvd to Immokalee Rd 43.2 6D E 3,200 (EB) 6D E 3,200 (EB) Collier Blvd Collier Blvd to Immokalee Rd 44.0 6D E 3,300 (EB) 6D E 3,300 (EB) Project Immokalee Rd 44.0 Project to 6D E 3,300 (EB) 6D E 3,300 (EB) Wilson Blvd Wilson Blvd to Immokalee Rd 45.0 6D E 3,300 (EB) 6D E 3,300 (EB) Oil Well Rd Immokalee Rd Collier Blvd 30.1 to Vanderbilt 6D E 3,000 (NB) 6D E 3,000 (NB) Beach Rd Immokalee Rd Wilson Blvd 118.0 to Golden 2U D 900 (SB) 2U D 900 (SB) Gate Blvd Immokalee Rd Randall Blvd 132.0 to 811 St NE 2U D 900 EB ( ) 4D D 2,000 EB ( ) Note(s): 2U = 2-lane undivided roadway; 4D, 6D, 8D = 4-lane, 6-lane, 8-lane divided roadway, respectively; LOS = Level of Service. Trebilcock Consulting Solutions, PA P a g e 1 10 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Project Impacts to Area Roadway Network -Link Analysis The Collier County Transportation Planning Services developed Level of Service (LOS) volumes for the roadway links impacted by the project, which are evaluated to determine the project impacts to the area roadway network in the future horizon year 2024. The Collier County Transportation Planning Services guidelines have determined that a project will be considered to have a significant and adverse impact if both the percentage volume capacity exceeds 2% of the capacity for the link directly accessed by the project and for the link adjacent to the link directly accessed by the project; 3%for other subsequent links and if the roadway is projected to operate below the adopted LOS standard. Based on these criteria, the projects impact on Immokalee Road is significant between Collier Boulevard and Wilson Boulevard and significant on Wilson Boulevard between Immokalee Road and Golden Gate Boulevard. None of the analyzed links are projected to exceed the adopted LOS standard with or without the project at 2024 build -out conditions. Table 6, Roadway Link Level of Service illustrates the LOS traffic impacts of the project to the area roadway network. As illustrated in the 2019 AUIR — Attachment H (Projected Collier County Deficient Roads FY 2019 — FY 2029), the proposed Vanderbilt Beach Road Extension will relieve congestion on Immokalee Road and Golden Gate Boulevard. The Vanderbilt Beach Road Extension project is scheduled for construction in Fiscal Year (FY) 2021. In addition, Collier County has funded the construction of a bridge at 16t" St NE that has construction planned for FY 2021. This improvement will provide for additional north/south interconnection options between Randall Boulevard and Vanderbilt Beach Road Extension/Golden Gate Boulevard which will reduce traffic demands in the Randall Boulevard area. The 2019 AUIR also illustrates the Immokalee Road links between Logan Boulevard and Oil Well Road are expected to be deficient in 2024. These links also expect some relief from the Vanderbilt Beach Road Extension project. The analyzed roadway segments are not located within the Collier County's Transportation Concurrency Exception Area (TCEA). In addition, the proposed development is not situated within the County's designated Transportation Concurrency Management Area (TCMA). The TCEA's and TCMA's designations are provided in Policy 5.4 and 5.6 of the Transportation Element — Collier County Growth Management Plan (GMP). Trebilcock Consulting Solutions, PA P a g e 1 11 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Table 6 Roadway Link Level of Service (LOS) — With Project in the Year 2024 Roadway Link CC AUIR Link ID # Roadway Link Location 2024 Peak Dir, Peak ,Hr Capacity Volume Roadway Link Peak Dir, Peak Hr (Project Vol Added)* 2024 Peak Dir, Peak Hr Volume w/Project** %Vol Capacity Impact by Project Min LOS exceeded without Project? Yes/No Min LOS exceeded with Project? Yes/No Immokalee Logan Blvd to Rd 43.2 Collier Blvd 3,200 (EB) EB — 64 2,980 2.0% No No Immokalee Collier Blvd to 44.0 3,300 (EB) EB —129 3,067 3.9% No No Rd Project Immokalee 44.0 Project to 3,300 (EB) EB —109 3,047 3.3% No No Rd Wilson Blvd Immokalee 45.0 Wilson Blvd to 3,300 (EB) EB-44 3,037 1.3% No No Rd Oil Well Rd Immokalee Rd Collier Blvd 30.1 to Vanderbilt 3,000 (NB) NB-52 2,449 1.7% No No Beach Rd Immokalee Rd Wilson Blvd 118.0 to Golden Gate 900 (SB) SB — 33 420 3.7% No No Blvd Randall Blvd 132.0 Immokalee Rd to811StNE 2,000 (EB) EB — 22 917 1.19/. No No Note(s): *Refer to Table 3 from this report. **2024 Projected Volume = 2024 background (refer to Table 4) + Project Volume added. As illustrated in Collier County LDC Chapter 6.02.02 — M. 2, once traffic from a development has been shown to be less than significant on any segment using Collier County TIS significance criterion, the development's impacts are not required to be analyzed further on any additional segments. Policy 5.1 of the Collier County Transportation Element of the Growth Management Plan (GMP) states that "the County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved." It is noted that Immokalee Road and Collier Boulevard are Collier County designated hurricane evacuation routes as depicted in Collier County Transportation Element — Map TR - 7. For details refer to Appendix E. Trebilcock Consulting Solutions, PA P a g e 1 12 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Site Access Turn Lane Analysis Access to the site is proposed as a right-in/right-out driveway onto eastbound Immokalee Road and by a proposed full access driveway connection to Catawba Street. No other new connections are proposed as part of this application. The project accesses are evaluated for turn lane warrants based on the Collier County Construction Standards Handbook: (a) two-lane roadways-40vph for right -turn lane/20vph for left -turn lane; (b) multi- lane divided roadways — right -turn lanes shall always be provided; and (c) when new median openings are permitted, they shall always include left -turn lanes. Turn lane lengths required at build -out conditions are analyzed based on the number of turning vehicles in an average one -minute period for right -turning movements, and two -minute period for left -turning movements, within the peak hour traffic. The minimum queue length is 25 feet and the queue/vehicle is 25 feet. Immokalee Road (CR 846) is a 6-lane urban divided arterial under Collier County jurisdiction, and has a posted legal speed of 50 mph in the vicinity of the project. This is currently a curb and gutter facility at this location. As depicted in the Manual of Uniform Minimum Standards ("MUMS") for Design, Construction and Maintenance for Streets and Highways (commonly known as the "Florida Greenbook"), Table 3-15, curb and gutter is not to be used on facilities with design speed greater than 45 mph. However, based on the County Staffs concerns in regards to counted higher speeds, a design speed 5 mph greater than the posted speed limit is chosen to compensate for a slight overrunning of the speed limit by some drivers. Based on FDOT Standard Plans Index 711-001 (sheet 11 of 13), design speed of 55 mph — urban conditions — the minimum turn lane length is 350 feet (which includes a 50 foot taper) plus required queue. Catawba Street is a 2-lane private, no outlet roadway with an assumed speed limit of 30 mph in the vicinity of the project. Based on FDOT Standard Plans Index 711-001 (sheet 11 of 13), for a design speed of 35 mph, the minimum turn lane length is 145 feet (which includes a 50 foot taper) plus required queue. Immokalee Road — Main Site Access A dedicated eastbound right -turn lane is warranted as the project meets the multi -lane criteria. A review of Collier County Access Management guidelines shows that for a Class 3 roadway, the minimum connection spacing is 660 feet. The projects proposed driveway is greater than 660 feet from the nearest driveway west of the project and approximately 710 feet from the Catawba Street intersection which is greater than the minimum spacing required as illustrated in the Collier County Access Management Guidelines, which would make this a conforming driveway. In addition, Access Management guidelines specify the minimum distance for a directional median opening is 660 feet. The proposed median opening spacing is approximately 730 feet from the center of Catawba Street which would allow for a conforming directional median opening into the project. Catawba Street — Site Access Due to the no outlet, low volume nature of this private roadway, no turn -lane modifications are recommended at this project access. Trebilcock Consulting Solutions, PA P a g e 1 13 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Immokalee Road and Catawba Street Intersection The Immokalee Road and Catawba Street intersection is an existing full -movement intersection with left - turn lanes provided on Immokalee Road for both westbound and eastbound directions. Collier County Access Management minimum standards on a Class 3 roadway are as follows: a directional median opening is 660 feet, a full median opening is 1,320 feet and the minimum signal spacing is 0.5 mile (2,640 feet). The median opening spacing between Catawba Street and the next full opening west of this intersection (Twin Eagles Boulevard) is approximately 1,900 feet. The median opening spacing between Catawba Street and the next full opening east of this intersection (Rock Road) is approximately 1,290 feet. The existing full -movement opening at Immokalee Road and Catawba Street is in general compliance with Access Management guidelines for a full median opening. A detailed evaluation of applicable access points — turn lane requirements will be performed at the time of site development permitting/platting when more specific development parameters will be made available. Improvement Analysis Based on the results illustrated within this traffic analysis, the proposed project is a significant traffic generator for the roadway network at this location. None of the analyzed links are projected to exceed the adopted LOS standard with or without the project at 2024 build -out conditions. The project proposes a connection onto eastbound Immokalee Road and a connection onto Catawba Street. A detailed evaluation of applicable access points will be performed at the time of a Site Development Plan or Development Order application to determine turn lane requirements, as more accurate parameters become available. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project, as applicable. Trebilcock Consulting Solutions, PA P a g e 1 14 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Appendix A: Project Master Site Plan Trebilcock Consulting Solutions, PA P a g e 1 15 NC Square MPUD - GMPA/PUDZ - TIS - July 2020 z � www Ld ¢ U 7) Uj w w m w z 6 d� U� LL O p CO 0 ❑ D � m •. gW �F W m &V,' VCF0 z0> mw z 0 a.Qgz W NU gA NQ� a A N ¢ j (3iVAlad) I . t33ats aennv - -- I -�� LU' w W LL t Q U 1 p LL W .�¢, z mp � 1 1 O OOP ��¢� U 1 kw 2: F J ICI z0W Q , 4 1 w Up wU ='�� iI E= a �! 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W0. q a r� OU a W w'Dao= or � � �❑¢ J Un�U❑i o o¢ILE-E- g a LL z¢Q?OU OoW:. a•:C., - 610Z -VI ir" you V:n•a_pc: .C'll Frc G-d�\°"lI��V's\.h•� �:c\3a'lr�:...... q Trebilcock Consulting Solutions, PA P a g e 1 17 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Appendix B: Initial Meeting Checklist (Methodology Meeting) Trebilcock Consulting Solutions, PA P a g e 1 18 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply, or N/A (not applicable). Date: January 25, 2019 Time: N/A Location: TBD People Attending: Name, Organization, and Telephone Numbers 1) Michael Sawyer, Collier County Growth Management Division 2) Norman Trebilcock, TCS 3) Daniel Doyle, TCS Study Preparer: Preparer's Name and Title: Norman Trebilcock, AICP, PE Organization: Trebilcock Consulting Solutions, PA Address & Telephone Number: 1205 Piper Boulevard, Suite 202, Naples, FL 34110: ph 239-566-9551 Reviewer(s): Reviewer's Name & Title: Michael Sawver, Proiect Manaeer Collier County Transportation Planning Department Organization & Telephone Number: 239-252-2926 Applicant: Applicant's Name: Davidson Engineering Address: 4365 Radio Road, Suite 201, Naples, Fl 34104 Telephone Number: 239-434-6060 Proposed Development: Name: Immokalee Square — GMPA and PUDZ Location: South of Immokalee Road (CR 846), in the southwest portion of the Immokalee Rd and Catawba Street intersection, approximately 1.6 miles west of Wilson Boulevard, in Collier Countv, Florida (refer to Figure 1). Land Use Type: Residential, Institutional and Commercial ITE Code #: Land Use Code (LUC) 220 — Multifamily Housing (Low -Rise), LUC 221 — Multifamily Housing (Mid -Rise), LUC 565 — Day Care Center and LUC 820 — Shopping Center. Description: The proposed Traffic Impact Statement (TIS) will support the Growth Management Plan Amendment (GMPA) and the associated Planned Unit Development Rezone (PUDZ) for the Immokalee Square proiect. The applicant intends to construct 42 single-family townhomes. 87 multi-familv dwelling units, a 12,000 square feet (st) day care and a 44,000 sf commercial building. Page 1 of 6 Trebilcock Consulting Solutions, PA P a g e 1 19 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Figure 1— Project Location Map i wiy. Project 0 ._+ N v Go,_,gle Zoning Existing: Agricultural —Mobile Home Overlay Rural Fringe Mixed Use Overlay (A -MHO RFMUO — Receiving). Comprehensive plan recommendation: GMPA-PUDZ Requested: approval for new development Findings of the Preliminary Study: Study Uc: Since projected net external AM or PM project traffic is greater than 100 two- wav peak hour trips, this studv qualifies for a Maior TIS — significant roadwav and/or operational impacts. Proposed TIS will include tripgeneration, traffic distribution and assignments, significance test (based on 2%o/20/o/3% criterion), and operational site access analysis. The TIS will determine if there is consistency with the Policy 5.1 of the Transportation Element. The report will provide existing LOS and document the impact the proposed change will have on designated arterial and collector roads. Roadway concurrence analysis — based on estimated net external PM traffic. The TIS shall be consistent with Collier County TIS Guidelines and Procedures. The analyzed roadway segments are not located within the Collier County's Transportation Concurrency Exception Area (TCEA). In addition, the proposed development is not situated within the County's designated Transportation Concurrency Management Areas (TCMAs). The TCEA's and TCMA's designations are provided in Policy 5.4 and 5.6 of the Transportation Element — Collier County Growth Management Plan (GMP). Page 2 of 6 Trebilcock Consulting Solutions, PA P a g e 1 20 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Site Access — The applicant proposes one access connection on Immokalee Road and one access connection to Catawba Street — review compliance with adopted CC Access Management Policv. Immokalee Road— segment from Collier Blvd to Wilson Blvd — Access Management Class 5, Posted Speed — 50 mph, Design Speed — 50 mph. Operational site access — turn lane analysis is based on proposed project build -out conditions AM -PM peak hour generated traffic. Internal capture and pass-bv rates are considered based on ITE and Collier Countv guidelines recommendations as applicable. Studv Tvpe: if not net increase, operational study) Small Scale TIS ❑ Minor TIS ❑ Major TIS Study Area: Boundaries: Adiacent streets—Immokalee Road, Catawba Street Additional intersections to be analyzed: N/A Build Out Year: 2023 Planning Horizon Year: 2023 Analysis Time Period(s): PM Peak Hour Future Off -Site Developments: N/A Source of Trip Generation Rates: ITE Trip Generation Manual, 10 h Edition Reductions in Trip Generation Rates: None: N/A Pass -by trips: N/A Internal trips: N/A Transit use: N/A Other: N/A Horizon Year Roadwav Network Improvements: 2023 Methodology & Assumptions: Non -site traffic estimates: Collier Countv traffic counts and 2018 AUIR Site -trip generation: OTISS — ITE 10 h Edition Trip distribution method: Engineer's Estimate - refer to Figure 2 Traffic assignment method: project trip generation with background growth Traffic growth rate: historical growth rate or 2% minimum Turning movements: Site Access - 60% projected traffic will access the parcel via Immokalee Rd with 40% projected traffic accessing the parcel via Catawba Street. Page 3 of 6 Trebilcock Consulting Solutions, PA P a g e 1 21 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Figure 2 — Project Trip Distribution by Percentage Project Trip Distribution by Percentage (Peak Hour Peak (N � Direction) 0 Res-40% [7ReMIF5%Com-25% (EB) I M_�" Res-10% ComS% ABSn-(EB) Com Res-80% MRe.l.%Com-50% o Com-10% (EB) M V , Go gle Map date ®2018 Google 2000 ft Special Features: from preliminary study or prior experience) Accidents locations: N/A Sight distance: N/A Queuing: N/A Access location & configuration: N/A Traffic control: MUTCD Signal system location & progression needs: NIA On -site parking needs: N/A Data Sources: CC 2018 AUIR, CC Traffic Counts Base maps: N/A Prior study reports: N/A Access policy and jurisdiction: N/A Review process: NIA Requirements: N/A Miscellaneous: N/A Page 4 of 6 Trebilcock Consulting Solutions, PA P a g e 1 22 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Small Scale Study — No Fee Minor Study - $750.00 Major Study - $1,500.00 X Methodology Fee $500 X Includes 0 intersections Additional Intersections - $500.00 each Allfees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. SIGNATURES Normam, Tre&cDc% Study Preparer Norman Trebilcock Reviewer(s) Applicant Page 5 of 6 Trebilcock Consulting Solutions, PA P a g e 1 23 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. Methodology Review - $500 Fee Methodology Review includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval/comments on a proposed methodology statement, and written confirmation of a re -submitted, amended methodology statement, and one meeting in Collier County, if needed. "Small Scale Study" Review - No Additional Fee (Includes one sufficiency review) Upon approval of the methodology review, the applicant may submit the study. The review includes: a concurrency determination, site access inspection and confirmation of the study compliance with trip generation, distribution and maximum threshold compliance. "Minor Studv Review" - $750 Fee (Includes one sufficiencv review) Review of the submitted traffic analysis includes: optional field visit to site, confirmation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of off -site improvements within the right-of-way, review of site access and circulation, and preparation and review of "sufficiency" comments/questions. "Major Studv Review" - $1,500 Fee (Includes two intersection analysis and two sufficiencv reviews Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of traffic growth analysis, review of off -site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" comments/questions and/or recommended conditions of approval. "Additional intersection Review" - $500 Fee The review of additional intersections shall include the same parameters as outlined in the "Major Study Review" and shall apply to each intersection above the first two intersections included in the "Major Study Review" "Additional Sufficiency Reviews" - $500 Fee Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. Page 6 of 6 Trebilcock Consulting Solutions, PA P a g e 1 24 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Apuendix C: ITE Trip Generation Calculations and Land Use Code Descriptions Trebilcock Consulting Solutions, PA P a g e 12S NC Square MPUD - GMPA/PUDZ - TIS - July 2020 Land Use: 220 Multifamily Housing (Low -Rise) Description Low-rise multifamily housing includes apartments, townhouses, and condominiums located within the same building with at least three other dwelling units and that have one or two levels (floors). Multifamily housing (mid -rise) (Land Use 221), multifamily housing (high-rise) (Land Use 222), and off -campus student apartment (Land Use .225) are related land uses. Additional Data In prior editions of Trip Generation Manual, the low-rise multifamily housing sites were further divided into rental and condominium categories. An investigation of vehicle trip data found no clear differences in trip making patterns between the rental and condominium sites within the ITE database. As more data are compiled for future editions, this land use classification can be reinvestigated. For the three sites for which both the number of residents and the number of occupied dwelling units were available, there were an average of 2.72 residents per occupied dwelling unit. For the two sites for which the numbers of both total dwelling units and occupied dwelling units were available, an average of 96.2 percent of the total dwelling units were occupied. This land use included data from a wide variety of units with different sizes, price ranges, locations, and ages. Consequently, there was a wide variation in trips generated within this category. Other factors, such as geographic location and type of adjacent and nearby development, may also have had an effect on the site trip generation. Time -of -day distribution data for this land use are presented in Appendix A. For the 10 general urban/suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 7:15 and 8:15 a.m. and 4:45 and 5:45 p.m., respectively. For the one site with Saturday data, the overall highest vehicle volume was counted between 9:45 and 10:45 a.m. For the one site with Sunday data, the overall highest vehicle volume was counted between 11:45 a.m. and 12:45 p.m. For the one dense multi -use urban site with 24-hour count data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 7:00 and 8:00 a.m. and 6:15 and 7:15 p.m., respectively. For the three sites for which data were provided for both occupied dwelling units and residents, there was an average of 2.72 residents per occupied dwelling unit. The average numbers of person trips per vehicle trip at the five general urban/suburban sites at which both person trip and vehicle trip data were collected were as follows: • 1.13 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 7 and 9 a.m. • 1.21 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 4 and 6 p.m. ,{`= Trip Generation Manual 10th Edition • Volume 2: Data - Residential (Land Uses 200-299) 29 Trebilcock Consulting Solutions, PA P a g e 1 26 NC Square MPUD - GMPA/PUDZ - TIS - July 2020 The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in British Columbia (CAN), California, District of Columbia, Florida, Georgia, Illinois, Indiana, Maine, Maryland, Minnesota, New Jersey, New York, Ontario, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia, and Washington. It is expected that the number of bedrooms and number of residents are likely correlated to the number of trips generated by a residential site. Many of the studies included in this land use did not indicate the total number of bedrooms. To assist in the future analysis of this land use, it is important that this information be collected and included in trip generation data submissions. Source Numbers 168, 187, 188, 204, 211, 300, 305, 306, 319, 320, 321, 357, 390, 412, 418, 525, 530, 571, 579, 583, 864, 868, 869, 870, 896, 903, 918, 946, 947, 948, 951 30 Tnp Generation Manual 10th Edition • Volume 2: Data Residential (Land Uses 200-299) W Trebilcock Consulting Solutions, PA P a g e 1 27 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Land Use: 221 Multifamily Housing (Mid -Rise) Description Mid -rise multifamily housing includes apartments, townhouses, and condominiums located within the same building with at least three other dwelling units and that have between three and 10 levels (floors). Multifamily housing (low-rise) (Land Use 220), multifamily housing (high-rise) (Land Use 222), off -campus student apartment (Land Use 225), and mid -rise residential with 1 st-floor commercial (Land Use 231) are related land uses. Additional Data In prior editions of Trip Generation Manual, the mid -rise multifamily housing sites were further divided into rental and condominium categories. An investigation of vehicle trip data found no clear differences in trip making patterns between the rental and condominium sites within the ITE database. As more data are compiled for future editions, this land use classification can be reinvestigated. For the six sites for which both the number of residents and the number of occupied dwelling units were available, there were an average of 2.46 residents per occupied dwelling unit. For the five sites for which the numbers of both total dwelling units and occupied dwelling units were available, an average of 95.7 percent of the total dwelling units were occupied. Time -of -day distribution data for this land use are presented in Appendix A. For the eight general urban/suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 7:00 and 8:00 a.m. and 4:45 and 5:45 p.m., respectively. For the four dense multi -use urban sites with 24-hour count data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 7:15 and 8:15 a.m. and 4:15 and 5:15 p.m., respectively. For the three center city core sites with 24-hour count data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 6:45 and 7:45 a.m. and 5:00 and 6:00 p.m., respectively. For the six sites for which data were provided for both occupied dwelling units and residents, there was an average of 2.46 residents per occupied dwelling unit. For the five sites for which data were provided for both occupied dwelling units and total dwelling units, an average of 95.7 percent of the units were occupied. The average numbers of person trips per vehicle trip at the five center city core sites at which both person trip and vehicle trip data were collected were as follows: • 1.84 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 7 and 9 a.m. • 1.94 during Weekday, AM Peak Hour of Generator • 2.07 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 4 and 6 p.m. • 2.59 during Weekday, PM Peak Hour of Generator ,``= Trip Generation Manual 10th Edition - Volume 2: Data - Residential (Land Uses 200-299) 71 Trebilcock Consulting Solutions, PA P a g e 1 28 NC Square MPUD - GMPA/PUDZ - TIS - July 2020 The average numbers of person trips per vehicle trip at the 32 dense multi -use urban sites at which both person trip and vehicle trip data were collected were as follows: • 1.90 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 7 and 9 a.m. • 1.90 during Weekday, AM Peak Hour of Generator • 2.00 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 4 and 6 p.m. • 2.08 during Weekday, PM Peak Hour of Generator The average numbers of person trips per vehicle trip at the 13 general urban/suburban sites at which both person trip and vehicle trip data were collected were as follows: • 1.56 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 7 and 9 a.m. 1.88 during Weekday, AM Peak Hour of Generator • 1.70 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 4 and 6 p.m. • 2.07 during Weekday, PM Peak Hour of Generator The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in Alberta (CAN), British Columbia (CAN), California, Delaware, District of Columbia, Florida, Georgia, Illinois, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, Ontario, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Virginia, and Wisconsin. Source Numbers 168, 188, 204, 305, 306, 321, 357, 390, 436, 525, 530, 579, 638, 818, 857, 866, 901, 904, 910, 912, 918, 934, 936, 939, 944, 947, 948, 949, 959, 963, 964, 966, 967, 969, 970 72 Trip Generation Manual 10th Edition • Volume 2: Data • Residential (Land Uses 200-299) W Trebilcock Consulting Solutions, PA P a g e 1 29 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Land Use: 565 Day Care Center Description A day care center is a facility where care for pre-school age children is provided, normally during the daytime hours. Day care facilities generally include classrooms, offices, eating areas and playgrounds. Some centers also provide after -school care for school -age children. Additional Data Time -of -day distribution data for this land use are presented in Appendix A. For the 21 general urban/ suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 7:15 and 8:15 a.m. and 4A5 and 5A5 p.m., respectively. The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in California, Florida, Georgia, Maryland, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Tennessee, Texas, Virginia, and Wisconsin. Source Numbers 169, 208, 216, 253, 335, 336, 337, 355, 418, 423, 536, 550, 562, 583, 633, 734, 866, 869, 877, 878, 954, 959, 981 224 Trip Generation Manual 10th Edition • Volume 2: Data Institutional (Land Uses 500-599) ,{`_ Trebilcock Consulting Solutions, PA P a g e 1 30 NC Square MPUD - GMPA/PUDZ - TIS - July 2020 Land Use: 820 Shopping Center Description A shopping center is an integrated group of commercial establishments that is planned, developed, owned, and managed as a unit. A shopping center's composition is related to its market area in terms of size, location, and type of store. A shopping center also provides on -site parking facilities sufficient to serve its own parking demands. Factory outlet center (Land Use 823) is a related use. Additional Data Shopping centers, including neighborhood centers, community centers, regional centers, and super regional centers, were surveyed for this land use. Some of these centers contained non -merchandising facilities, such as office buildings, movie theaters, restaurants, post offices, banks, health clubs, and recreational facilities (for example, ice skating rinks or indoor miniature golf courses). Many shopping centers, in addition to the integrated unit of shops in one building or enclosed around a mall, include outparcels (peripheral buildings or pads located on the perimeter of the center adjacent to the streets and major access points). These buildings are typically drive-in banks, retail stores, restaurants, or small offices. Although the data herein do not indicate which of the centers studied included peripheral buildings, it can be assumed that some of the data show their effect. The vehicle trips generated at a shopping center are based upon the total GLA of the center. In cases of smaller centers without an enclosed mall or peripheral buildings, the GLA could be the same as the gross floor area of the building. Time -of -day distribution data for this land use are presented in Appendix A. For the 10 general urban/ suburban sites with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 11:45 a.m. and 12:45 p.m. and 12:15 and 1:15 p.m., respectively. The average numbers of person trips per vehicle trip at the 27 general urban/suburban sites at which both person trip and vehicle trip data were collected were as follows: • 1.31 during Weekday, AM Peak Hour of Generator • 1.43 during Weekday, Peak Hour of Adjacent Street Traffic, one hour between 4 and 6 p.m. • 1.46 during Weekday, PM Peak Hour of Generator The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in Alberta (CAN), British Columbia (CAN), California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, and Wisconsin. Source Numbers 105, 110, 154, 156, 159, 186, 190, 198, 199, 202, 204, 211, 213, 239, 251, 259, 260, 269, 294, 295, 299, 300, 301, 304, 305, 307, 308, 309, 310, 311, 314, 315, 316, 317, 319, 358, 365, 376, 385, 390, 400, 404, 414, 420, 423, 428, 437, 440, 442, 444, 446, 507, 562, 580, 598, 629, 658, 702, 715, 728, 868, 870, 871, 880, 899, 908, 912, 915, 926, 936, 944, 946, 960, 961, 962, 973, 974, 978 ,``= Trip Generation Manual 10th Edition • Volume 2: Data • Retail (Land Uses 800-899) 137 Trebilcock Consulting Solutions, PA P a g e 1 31 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Project Information Project Name: NC Square - with FF Restaurant July 2019 No: Date: 07/10/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: 1Trip Generation Manual, 10th Ed Land Use Size Weekday AM Peak Hour PM Peak Hour Entry Exit Entry Exit Entry Exit 820 - Shopping Center (General Urban/Suburban) 35.52 1000 Sq. Ft. GLA 1487 1487 105 65 121 132 Reduction 0 0 0 0 0 0 Internal 124 202 8 8 22 23 Pass -by 204 193 24 15 25 27 Non -pass -by 1159 1092 73 42 74 82 934 - Fast -Food Restaurant with Drive - Through Window (General Urban/Suburban) 8.88 1000 Sq. Ft. GFA 2091 2091 182 175 151 139 Reduction 0 0 0 0 0 0 Internal 286 142 17 9 15 22 Pass -by 722 780 82 84 68 59 Non -pass -by 1083 1169 83 82 68 58 220 - Multifamily Housing (Low -Rise) (General Urban/Suburban) 129 Dwelling Units 467 467 14 47 47 27 Reduction 0 0 0 0 0 0 Internal 32 98 1 9 15 7 Pass -by 0 0 0 0 0 0 Non -pass -by 435 369 13 38 32 20 565 - Day Care Center (General Urban/Suburban) 12 1000 Sq. Ft. GFA 286 285 70 62 63 70 Reduction 0 0 0 0 0 0 Internal 0 0 0 0 0 0 Pass -by 0 0 0 0 0 0 Non -pass -by 286 285 70 62 63 70 Total 4331 4330 371 349 382 368 Total Reduction 0 0 0 0 0 0 Total Internal 442 442 26 26 52 52 Total Pass -by 926 973 106 99 93 86 TotalNon-pass-by 2963 2915 239 224 237 230 Trebilcock Consulting Solutions, PA P a g e 1 32 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Analysis Name: Project Name Date: State/Province: Country: Analyst's Name: PERIOD SETTING Weekday NC Square -with FF Restaurant July 2019 7/10/2019 No: City: Zip/Postal Code: Client Name: Edition: Trip Generation Manual, 10th Ed Land Use Independent Variable Size Time Period Method Entry Exit Total 820 - Shopping Center 1000 Sq. Ft. GLA 35.52 Weekday Best Fit (LOG) 1487 1487 2974 (General Ln(T) = 0.68Ln(X) 50% 50% Urban/Suburban) +5.57 934 - Fast -Food 1000 Sq. Ft. GFA 8.88 Weekday Average 2091 2091 4182 Restaurant with Drive- 470.95 50% 50% Through Window (General Urban/Suburban) 220 - Multifamily Dwelling Units 129 Weekday Best Fit (LIN) 467 467 934 Housing (Low -Rise) T = 7.56 (X)+-40.86 50% 50% (General Urban/Suburban) 565 - Day Care Center 1000 Sq. Ft. GFA 12(o) Weekday Average 286 285 571 (General 47.62 50% 50% Urban/Suburban) (0) indicates size out of range TRAFFIC REDUCTIONS Land Use Entry Reduction 820 - Shopping Center 0 % 934 - Fast -Food Restaurant with Drive -Through 0 % Window 220 - Multifamily Housing (Low -Rise) 0 % 565 - Day Care Center 0 % Adjusted Entry Exit Reduction Adjusted Exit 1487 0 % 1487 2091 0 % 2091 467 0 % 467 286 0 % 285 Trebilcock Consulting Solutions, PA P a g e 1 33 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 INTERNAL TRIPS 820 - Shopping Center 934 - Fast -Food Restaurant with Drive - Through Window Exit 1487 Demand Exit: 13 % (193) Bal an�c3ed. Demand Entry: 50 % (1046) Entry 2091 Entry 1487 Demand Entry: 8 % (119) Bal need: Demand Exit: 14 % (293) Exit 2091 11 820 - Shopping Center Exit 1487 Demand Exit: 14 % (208) Balanced: 9 Entry 1487 Demand Entry: 17 % (253) Balanced: 5 820 - Shopping Center Exit 1487 Demand Exit: 0 % (0) Entry 1487 Demand Entry: 0 % (0) 934 - Fast -Food Restaurant with Drive -Through Window Exit 2091 Demand Exit: 4 % (84) Entry 2091 Demand Entry: 20 % (418) 934 - Fast -Food Restaurant with Drive -Through Window Exit 2091 Demand Exit: 0 % (0) Entry 2091 Demand Entry: 0 % (0) 220 -Multifamily Housing (Low -Rise) Exit 467 Demand Exit: 0 % (0) Entry 467 Demand Entry: 0 % (0) Balanced: 0 Balanced: 0 Balanced: 23 Balanced: 93 220 - Multifamily Housing (Low -Rise) Demand Entry: 2 % (9) Entry 467 Demand Exit: 1 % (5) Exit 467 565 - Day Care Center Demand Entry: 0 % (0) Entry 286 Demand Exit: 0 % (0) Exit 285 220 - Multifamily Housing (Low -Rise) Demand Entry: 5 % (23) Entry 467 Demand Exit: 20 % (93) Exit 467 565 - Day Care Center Balanced: Demand Entry: 0 % (0) Entry 286 0 Balanced: Demand Exit: 0 % (0) Exit 285 0 565 - Day Care Center Balanced: 0 Demand Entry: 0 % (0) Entry 286 Demand Exit: 0 % (0) Exit 285 Trebilcock Consulting Solutions, PA P a g e 1 34 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 820 - Shopping Center Internal Trips 934 - Fast -Food 220 - 565 - Day Care Total Total Trips Restaurant with Multifamily Center External Trips Drive -Through Housing (Low - Window Rise) Entry 1487 (100%) 119 (8%) 5 (0%) 0 (0%) 124 (8%) 1363 (92%) Exit 1487 (100%) 193 (13%) 9 (1 %) 0 (0%) 202 (14%) 1285 (86%) Total 2974 (100%) 312 (10%) 14 (0%) 0 (0%) 326 (11 %) 2648 (89%) 934 - Fast -Food Restaurant with Drive -Through Window Internal Trips 820 - Shopping 220 - 565 - Day Care Total Total Trips Center Multifamily Center External Trips Housing (Low - Rise) Entry 2091 (100%) 193 (9%) 93 (4%) 0 (0%) 286 (14%) 1805 (86%) Exit 2091 (100%) 119 (6%) 23 (1 %°) 0 (0%) 142 (7%) 1949 (93%) Total 4182 (100%) 312 (7%) 116 (3%) 0 (0%) 428 (10%) 3754 (90%) 220 - Multifamily Housing (Low -Rise) Internal Trips Total Trips 820 - Shopping Center 934 - Fast -Food Restaurant with 565 - Day Care Center Total External Trips Drive -Through Window Entry 467 (100%) 9 (2%) 23 (5%) 0 (0%) 32 (7%) 435 (93%) Exit 467 (100%) 5 (1%) 93 (20%) 0 (0%) 98 (21%) 369 (79%) Total 934 (100%) 14 (1%) 116 (12%) 0 (0%) 130 (14%) 804 (86%) 565 - Day Care Center Internal Trips 820 - Shopping 934 - Fast -Food 220 - Total Total Trips Center Restaurant with Multifamily External Trips Drive -Through Housing (Low - Window _ i Rise) Entry 286 (100%) 0 (0%) 0 (0%) 0 (0%) 0 (0%) 286 (100%) Exit 285 (100%) 0 (0%) 0 (0%) 0 (0%) 0 (0%) 285 (100%) Total 571 (100%) 0 (0%) 0 (0%) 0 (0%) 0 (0%) 571 (100%) Trebilcock Consulting Solutions, PA P a g e 1 35 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Land Use 820 - Shopping Center 934 - Fast -Food Restaurant with Drive -Through Window 220 - Multifamily Housing (Low -Rise) 565 - Day Care Center EXTERNAL TRIPS External Trips Pass -by% 2648 15 3754 40 Pass -by Trips 397 1502 Non -pass -by Trips 2251 2252 804 0 0 804 571 0 0 571 Trebilcock Consulting Solutions, PA P a g e 1 36 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 PERIOD SETTING Analysis Name: AM Peak Hour Project Name : INC Square - with FF No: Restaurant July 2019 Date: 7/10/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Land Use Independent Variable Size Time Period Method 820 - Shopping Center 1000 Sq. Ft. GLA 35.52 Weekday, Peak Best Fit (LIN) (General Hour of Adjacent T = 0.5 (X)+151.78 Urban/Suburban) Street Traffic, One Hour Between 7 and 9 a.m. 934 - Fast -Food 1000 Sq. Ft. GFA 8.88 Weekday, Peak Average Restaurant with Drive- Hour of Adjacent 40.19 Through Window Street Traffic, (General One Hour Urban/Suburban) Between 7 and 9 a.m. 220 - Multifamily Dwelling Units 129 Weekday, Peak Best Fit (LOG) Housing (Low -Rise) Hour of Adjacent Ln(T) = 0.95Ln(X) (General Street Traffic, +-0.51 Urban/Suburban) One Hour Between 7 and 9 a.m. 565 - Day Care Center 1000 Sq. Ft. GFA 12 Weekday, Peak Average (General Hour of Adjacent 11 Urban/Suburban) Street Traffic, One Hour Between 7 and 9 a.m. TRAFFIC REDUCTIONS Land Use Entry Reduction 820 - Shopping Center 0 % 934 - Fast -Food Restaurant with Drive -Through 0 % Window 220 - Multifamily Housing (Low -Rise) 0 % 565 - Day Care Center 0 % Trip Generation Manual, 10th Ed Entry Exit Total 105 65 170 62% 38% 182 175 357 51% 49% 14 47 61 23% 77% 70 62 132 53% 47% Adjusted Entry Exit Reduction Adjusted Exit 105 0 % 65 182 0 % 175 14 0 % 47 70 0 % 62 Trebilcock Consulting Solutions, PA P a g e 1 37 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 INTERNAL TRIPS 820 - Shopping Center Exit 65 Demand Exit: 13 % (8) Balanced: 8 Entry 105 Demand Entry: 8 % (8) Balanced: 8 820 - Shopping Center Exit 65 Demand Exit: 14 % (9) Balanced: 0 Entry 105 Demand Entry: 17 % (18) Balanced: 0 820 - Shopping Center Exit 65 Demand Exit: 0 % (0) Balanced: 0 Entry 105 Demand Entry: 0 % (0) Balanced: 0 934 - Fast -Food Restaurant with Drive -Through Window Exit 175 Demand Exit: 4 % (7) Balanced: 1 Entry 182 Demand Entry: 20 % (36) Balanced: 9 934 - Fast -Food Restaurant with Drive -Through Window Exit 175 Demand Exit: 0 % (0) Balanced: 0 Entry 182 Demand Entry: 0 % (0) Balanced: 0 220 - Multifamily Housing (Low -Rise) Exit 47 Demand Exit: 0 % (0) Balanced: 0 Entry 14 Demand Entry: 0 % (0) Balanced: 0 820 - Shopping Center 934 - Fast -Food Restaurant with Drive - Through Window Demand Entry: 50 % (91) Entry 182 Demand Exit: 14 % (25) Exit 175 220 - Multifamily Housing (Low -Rise) Demand Entry: 2 % (0) Entry 14 Demand Exit: 1 % (0) Exit 47 565 - Day Care Center Demand Entry: 0 % (0) Entry 70 Demand Exit: 0 % (0) Exit 62 220 - Multifamily Housing (Low -Rise) Demand Entry: 5 % (1) Entry 14 Demand Exit: 20 % (9) Exit 47 565 - Day Care Center Demand Entry: 0 % (0) Entry 70 Demand Exit: 0 % (0) Exit 62 565 - Day Care Center Demand Entry: 0 % (0) Entry 70 Demand Exit: 0 % (0) Exit 62 Internal Trips 934 - Fast -Food 220 - Multifamily 565 - Day Care Total Total Trips Restaurant with Housing (Low- Center External Trips Drive -Through Rise) Window Entry 105 (100%) 8 (8%) 0 (0%) 0 (0%) 8 (8%) 97 (92%) Exit 65 (100%) 8 (12%) 0 (0%) 0 (0%) 8 (12%) 57 (88%) Total 170 (100%) 16 (9%) 0 (0%) 0 (0%) 16 (9%) 154 (91 %) Trebilcock Consulting Solutions, PA P a g e 1 38 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 934 - Fast -Food Restaurant with Drive -Through Window Internal Trips Total Trips 820 - Shopping 220-Multifamily 565 - Day Care Total External Trips Center Housing (Low- Center Rise) Entry 182 (100%) 8 (4%) 9 (5%) 0 (0%) 17 (9%) 165 (91 %) Exit 175 (100%) 8 (5%) 1 (1 %) 0 (0%) 9 (5%) 166 (95%) Total 357 (100%) 16 (4%) 10 (3%) 0 (0%) 26 (7%) 331 (93%) 220 - Multifamily Housing (Low -Rise) Internal Trips 820 - Shopping 934 - Fast -Food 565 - Day Care Total Total Trips Center Restaurant with Center External Trips Drive -Through Window Entry 14 (100%) 0 (0%) 1 (7%) 0 (0%) 1 (7%) 13 (93%) Exit 47 (100%) 0 (0%) 9 (19%) 0 (0%) 9 (19%) 38 (81 %) Total 61 (100%) 0 (0%) 10 (16%) 0 (0%) 10 (16%) 51 (84%) 565 - Day Care Center Internal Trips 820 - Shopping 934 - Fast -Food 220 - Multifamily Total Total Trips Center Restaurant with Housing (Low- External Trips Drive -Through Rise) Window Entry 70 (100%) 0 (0%) 0 (0%) 0 (0%) 0 (0%) 70 (100%) Exit 62 (100%) 0 (0%) 1 0 (0%) 0 (0%) 0 (0%) 62 (100%) Total 132 (100%) 10 (0%) 0 (0%) 0 (0%) 0 (0%) 132 (100%) Land Use 820 - Shopping Center 934 - Fast -Food Restaurant with Drive -Through Window 220 - Multifamily Housing (Low -Rise) 565 - Day Care Center EXTERNAL TRIPS External Trips Pass -by% 154 25 331 050 51 0 132 0 Pass -by Trips Non -pass -by Trips 39 115 166 165 0 51 0 132 Trebilcock Consulting Solutions, PA P a g e 1 39 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 PERIOD SETTING Analysis Name : PM Peak Hour Project Name : NC Square - with FF No: Restaurant July 2019 Date: 7/1012019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Land Use Independent Variable Size Time Period Method 820 - Shopping Center 1000 Sq. Ft. GLA 35.52 Weekday, Peak Best Fit (LOG) (General Hour of Adjacent Ln(T) = 0.74Ln(X) Urban/Suburban) Street Traffic, +2.89 One Hour Between 4 and 6 P. M. 934 - Fast -Food 1000 Sq. Ft. GFA 8.88 Weekday, Peak Average Restaurant with Drive- Hour of Adjacent 32.67 Through Window Street Traffic, (General One Hour Urban/Suburban) Between 4 and 6 P. M. 220 - Multifamily Dwelling Units 129 Weekday, Peak Best Fit (LOG) Housing (Low -Rise) Hour of Adjacent Ln(T) = 0.89Ln(X) (General Street Traffic, +-0.02 Urban/Suburban) One Hour Between 4 and 6 P. M. 565 -Day Care Center 1000 Sq. Ft. GFA 12 Weekday, Peak Average (General Hour of Adjacent 11.12 Urban/Suburban) Street Traffic, One Hour Between 4 and 6 P. M. TRAFFIC REDUCTIONS Land Use Entry Reduction 820 - Shopping Center 0 % 934 - Fast -Food Restaurant with Drive -Through 0 % Window 220 - Multifamily Housing (Low -Rise) 0 % 565 - Day Care Center 0 % Trip Generation Manual, 10th Ed Entry Exit Total 121 132 253 48% 52% 151 139 290 52% 48% 47 27 74 64% 36% 63 70 133 47% 53% Adjusted Entry Exit Reduction Adjusted Exit 121 0 % 132 151 0 % 139 47 0 % 27 63 0 % 70 Trebilcock Consulting Solutions, PA P a g e 140 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 INTERNAL TRIPS 820 - Shopping Center Exit 132 Demand Exit: 9 % (12) Entry 121 Demand Entry: 16 % (19) 820 - Shopping Center Exit 132 Demand Exit: 8 % (11) I Entry 121 Demand Entry: 3 % (4) 820 - Shopping Center Exit 132 Demand Exit: 0 % (0) Entry 121 Demand Entry: 0 % (0) 934 - Fast -Food Restaurant with Drive -Through Window Exit 139 Demand Exit: 9 % (13) Entry 151 Demand Entry: 7 % (11) 934 - Fast -Food Restaurant with Drive -Through Window Exit 139 Demand Exit: 0 % (0) Entry 151 Demand Entry: 0 % (0) 220 -Multifamily Housing (Low -Rise) Exit 27 Demand Exit: 0 % (0) Entry 47 Demand Entry: 0 % (0) 820 - Shopping Center 934 - Fast -Food Restaurant with Drive - Through Window 3alanced: 12 Demand Entry: 9 % (14) Entry 151 3alanced: Demand Exit: 13 % (18) Exit 139 18 220 - Multifamily Housing (Low -Rise) Balanced: Demand Entry: 23 % (11) Entry 47 11 Balanced: Demand Exit: 21 % (6) Exit 27 4 565 - Day Care Center Balanced: Demand Entry: 0 % (0) Entry 63 0 Balanced: Demand Exit: 0 % (0) Exit 70 0 220 - Multifamily Housing (Low -Rise) Balanced: 4 Demand Entry: 8 % (4) Entry 47 Balanced: Demand Exit: 10 % (3) Exit 27 3 565 - Day Care Center Balanced: Demand Entry: 0 % (0) Entry 63 0 Balanced: Demand Exit: 0 % (0) Exit 70 0 565 - Day Care Center Balanced: Demand Entry: 0 % (0) Entry 63 0 Balanced: 0 Demand Exit: 0 % (0) Exit 70 Internal Trips Total Trips 934 - Fast -Food Restau rant with 220 - Multifamily Housing (Low- 565 - Day Care Center Total External Trips Drive -Through Rise) Window Entry 121 (100%) 18 (15%) 4 (3%) 0 (0%) 22 (18%) 99 (82%) Exit 132 (100%) 12 (9%) 11 (8%) 0 (0%) 23 (17%) 109 (83%) Total 253 (100%) 30 (12%) 15 (6%) 0 (0%) 45 (18%) 208 (82%) Trebilcock Consulting Solutions, PA P a g e 141 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 934 - Fast -Food Restaurant with Drive -Through Window Internal Trips Total Trips 820 - Shopping 220-Multifamily 565 - Day Care Total External Trips Center Housing (Low- Center Rise) Entry 151 (100%) 12 (8%) 3 (2%) 0 (0%) 15 (10%) 136 (90%) Exit 139 (100%) 18 (13%) 4 (3%) 0 (0%) 22 (16%) 117 (84%) Total 290 (100%) 30 (10%) 7 (2%) 0 (0%) 37 (13%) 253 (87%) 220 - Multifamily Housing (Low -Rise) Internal Trips 820 - Shopping 934 - Fast -Food 565 - Day Care Total Total Trips Center Restaurant with Center External Trips Drive -Through Window Entry 47 (100%) 11 (23%) 4 (9%) 0 (0%) 15 (32%) 32 (68%) Exit 27 (100%) 4 (15%) 3 (11%) 0 (0%) 7 (26%) 20 (74%) Total 74 (100%) 15 (20%) 7 (9%) 0 (0%) 22 (30%) 52 (70%) 565 - Day Care Center Internal Trips 820 - Shopping 934 - Fast -Food 220-Multifamily Total Total Trips Center Restaurant with Housing (Low- External Trips Drive -Through Rise) Window Entry 63 (100%) 0 (0%) 0 (0%) %) roo((00 0 (0%) 63 (100%) Exit 70 (100%) 0 (0%) 0 (0%) %) 0 (0%°) 70 (100%) Total 133 (100%) 0 (0%) 0 (0%) 0 (0%) 0 (0%) 133 (100%) Land Use 820 - Shopping Center 934 - Fast -Food Restaurant with Drive -Through Window 220 - Multifamily Housing (Low -Rise) 565 - Day Care Center EXTERNAL TRIPS External Trips Pass -by% 208 25 253 50 52 0 133 0 Pass -by Trips Non -pass -by Trips 52 156 127 126 0 52 0 133 Trebilcock Consulting Solutions, PA P a g e 142 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Project Information Project Name: NC Square MPUD - July 2019 No: Date: 07/10/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed (Land Use (Size lWeekday JAM Peak Hour IPM Peak Hour Entry JExit JEntry I Exit JEntry I Exit 220 - Multifamily Housing (Low -Rise) (General Urban/Suburban) 129 Dwelling Units 467 467 14 47 47 27 Reduction 0 0 0 0 0 0 Internal 9 5 0 0 22 11 Pass -by 0 0 0 0 0 0 Non -pass -by 458 462 14 47 25 16 565 - Day Care Center (General Urban/Suburban) 12 1000 Sq. Ft. GFA 286 285 70 62 63 70 Reduction 0 0 0 0 0 0 Internal 0 0 0 0 0 0 Pass -by 0 0 0 0 0 0 Non -pass -by 286 285 70 62 63 70 820 - Shopping Center (General Urban/Suburban) 44.4 1000 Sq. Ft. GLA 1731 1730 108 66 143 155 Reduction 0 0 0 0 0 0 Internal 5 9 0 0 11 22 Pass -by 259 258 27 17 33 33 Non -pass -by 1467 1463 81 49 99 100 Total 2484 2482 192 175 253 252 Total Reduction 0 0 0 0 0 0 Totallnternal 14 14 0 0 33 33 Total Pass -by 259 258 27 17 33 33 Total Non -pass -by 2211 2210 165 158 187 186 Trebilcock Consulting Solutions, PA P a g e 143 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 PERIOD SETTING Analysis Name: Weekday Project Name : NC Square MPUD - July No: 2019 Date: 7/10/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Trip Generation Manual, 10th Ed Land Use Independent Variable Size Time Period Method Entry Exit Total 220 - Multifamily Dwelling Units 129 Weekday Best Fit (LIN) 467 467 934 Housing (Low -Rise) T = 7.56 (X)+-40.86 50% 50% (General Urban/Suburban) 565 -Day Care Center 1000 Sq. Ft. GFA 12(o) Weekday Average 286 285 571 (General 47.62 50% 50% Urban/Suburban) 820 -Shopping Center 1000 Sq. Ft. GLA 44.4 Weekday Best Fit (LOG) 1731 1730 3461 (General Ln(T) = 0.68Ln(X) 50% 50% Urban/Suburban) +5.57 (0) indicates size out of range TRAFFIC REDUCTIONS Land Use Entry Adjusted Entry Exit Reduction Adjusted Exit Reduction 220 - Multifamily Housing (Low -Rise) 0 % 467 0 % 467 565 - Day Care Center 0 % 286 0 % 285 820 - Shopping Center 0 % 1731 0 % 1730 220 -Multifamily Housing (Low -Rise) Exit 467 Demand Exit: 0 % (0) Entry 467 Demand Entry: 0 % (0) INTERNAL TRIPS 565 - Day Care Center Balanced: Demand Entry: 0 % (0) Entry 286 0 Balanced: Demand Exit: 0 % (0) Exit 285 0 Trebilcock Consulting Solutions, PA P a g e 144 NC Square MPUD - GMPA/PUDZ - TIS - July 2020 220 -Multifamily Housing (Low -Rise) Exit 467 Demand Exit: 1 % (5) Entry 467 Demand Entry: 2 % (9) 565 - Day Care Center Exit 285 Demand Exit: 0 % (0) Entry 286 Demand Entry: 0 % (0) 820 - Shopping Center Balanced: Demand Entry: 17 % (294) Entry 1731 5 Balanced: Demand Exit: 14 % (242) Exit 1730 9 820 - Shopping Center Balanced: Demand Entry: 0 % (0) Entry 1731 0 Balanced: Demand Exit: 0 % (0) Exit 1730 0 220 - Multifamily Housing (Low -Rise) Internal Trips Total Trips 565 - Day Care 820 - Shopping Total External Trips Center Center Entry 467 (100%) —„_0 (0%) 9 (2%) 9 (2%) 458 (98%) — Exit 467 (100%) 0 (0%) 5 (1%) 5 (1%) 462 (99%) Total 1934 (100%) 10 (0%) 14 (1 %) 14 (1 %) 920 (99%) 565 - Day Care Center Internal Trips Total Trips 220 - Multifamily 820 - Shopping Total External Trips Housing (Low -Rise) Center Entry 286 (100%) 0 (0%) 0 (0%) 0 (0%) 286 (100%) Exit 285 (100%) 0 (0%) 0 (0%) 0 (0%) 285 (100%) Total 571 (100%) 10 (0%) 0 (0%) 0 (0%) 1571 (100%) 820 - Shopping Center Total Trips Entry 1731 (100%) Exit 1730 (100%) Internal Trips External Trips 1726 (100%) 1721 (99%) 220 - Multifamily Housing (Low -Rise) 565 - Day Care Center Total 5 (0%) 9 (1 %) 0 (0%) 0 (0%) 5 (0%) 9 (1 %) Total 3461 (100%) 14 (0%) 0 (0%) 14 (0%) 3447 (100%) Land Use 220 - Multifamily Housing (Low -Rise) 565 - Day Care Center 820 - Shopping Center EXTERNAL TRIPS External Trips Pass -by% 920 0 571 0 3447 15 Pass -by Trips Non -pass -by Trips 0 920 0 571 517 2930 Trebilcock Consulting Solutions, PA P a g e 145 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 PERIOD SETTING Analysis Name: AM Peak Hour Project Name : NC Square MPUD - July No: 2019 Date: 7/10/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Land Use Independent Size Time Period Method Variable 220 - Multifamily Dwelling Units 129 Weekday, Peak Best Fit (LOG) Housing (Low -Rise) Hour of Adjacent Ln(T) = 0.95Ln(X) (General Street Traffic, +-0.51 Urban/Suburban) One Hour Between 7 and 9 a.m. 565 - Day Care Center 1000 Sq. Ft. GFA 12 Weekday, Peak Average (General Hour of Adjacent 11 Urban/Suburban) Street Traffic, One Hour Between 7 and 9 a.m. 820 - Shopping Center 1000 Sq. Ft. GLA 44.4 Weekday, Peak Best Fit (LIN) (General Hour of Adjacent T = 0.5 (X)+151.78 Urban/Suburban) Street Traffic, One Hour Between 7 and 9 a.m. TRAFFIC REDUCTIONS Trip Generation Manual, 10th Ed Entry Exit Total 14 47 61 23% 77% 70 62 132 53% 47% 108 66 174 62% 38% Land Use Entry Reduction Adjusted Entry Exit Reduction Adjusted Exit 220 - Multifamily Housing (Low -Rise) 0 % 14 0 % 47 565 - Day Care Center 0 % 70 0 % 62 820 - Shopping Center 0 % 108 0 % 66 Trebilcock Consulting Solutions, PA P a g e 146 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 INTERNAL TRIPS 220 - Multifamily Housing (Low -Rise) Exit 47 Demand Exit: 0 % (0) Entry 14 Demand Entry: 0 % (0) 220 - Multifamily Housing (Low -Rise) Exit 47 Demand Exit: 1 % (0) Entry 14 Demand Entry: 2 % (0) 565 - Day Care Center Exit 62 Demand Exit: 0 % (0) Entry 70 Demand Entry: 0 % (0) 220 -Multifamily Housing (Low -Rise) Internal Trips Total Trips 565 - Day Care Center Entry 14 (100%) 0 (0%) Exit 47 (100%) 0 (0%) Total 61 (100%) 0 (0%) 565 - Day Care Center Total Trips Entry 70 (100%) Exit 62 (100%) Total 132 (100%) 820 - Shopping Center Total Trips Entry 108 (100%) 565 - Day Care Center Balanced: Demand Entry: 0 % (0) Entry 70 0 Balanced: Demand Exit: 0 % (0) Exit 62 0 820 - Shopping Center Balanced: Demand Entry: 17 % (18) Entry 108 0 Balanced: Demand Exit: 14 % (9) Exit 66 0 820 - Shopping Center Balanced: Demand Entry: 0 % (0) Entry 108 0 Balanced: Demand Exit: 0 % (0) Exit 66 0 820 - Shopping Center 0 (0%) 0 (0%) 0 (0%) Internal Trips 220 - Multifamily 820 - Shopping Housing (Low -Rise) Center 0 (0%) 0 (0%) 0 (0%) 0 (0%) 0 (0%) 0 (0%) Total 0 (0%) 0 (0%) 0 (0%) Total 0 (0%) 0 (0%) 0 (0%) External Trips 14 (100%) 47 (100%) 61 (100%) External Trips 70 (100%) 62 (100%) 132 (100%) Internal Trips 220 - Multifamily 565 - Day Care Total External Trips Housing (Low -Rise) Center 0 (0%) 0 (0%) 0 (0%) 108 (100%) Trebilcock Consulting Solutions, PA P a g e 147 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Exit 66 (100%) 0 (0%) 0 (0%) 0 (0%) 66 (100%) Total 174 (100%) 0 (0%) 10 (0%) 0 (0%) 174 (100%) Land Use 220 - Multifamily Housing (Low -Rise) 565 - Day Care Center 820 - Shopping Center EXTERNAL TRIPS External Trips Pass -by% 61 0 132 0 174 25 Pass -by Trips Non -pass -by Trips 0 61 0 132 44 130 Trebilcock Consulting Solutions, PA P a g e 148 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 PERIOD SETTING Analysis Name: PM Peak Hour Project Name : NC Square MPUD - July No: 2019 Date: 7/10/2019 City: State/Province: Zip/Postal Code: Country: Client Name: Analyst's Name: Edition: Land Use Independent Size Variable Time Period Method 220 - Multifamily Dwelling Units 129 Weekday, Peak Best Fit (LOG) Housing (Low -Rise) Hour of Adjacent Ln(T) = 0.89Ln(X) (General Street Traffic, +-0.02 Urban/Suburban) One Hour Between 4 and 6 p.m. 565 - Day Care Center 1000 Sq. Ft. GFA 12 Weekday, Peak Average (General Hour of Adjacent 11.12 Urban/Suburban) Street Traffic, One Hour Between 4 and 6 p.m. 820 - Shopping Center 1000 Sq. Ft. GLA 44.4 Weekday, Peak Best Fit (LOG). (General Hour of Adjacent Ln(T) = 0.74Ln(X) Urban/Suburban) Street Traffic, +2.89 One Hour Between 4 and 6 p.m. 11 TRAFFIC REDUCTIONS Land Use 220 - Multifamily Housing (Low -Rise) 565 - Day Care Center 820 - Shopping Center Trip Generation Manual, 10th Ed Entry Exit Total 47 27 74 64% 36% 63 70 133 47% 53% 143 155 298 48% 52% Entry Adjusted Entry Exit Reduction Adjusted Exit Reduction 0% 47 0% 27 0% 63 0% 70 0% 143 0% 155 Trebilcock Consulting Solutions, PA P a g e 149 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 INTERNAL TRIPS 220 - Multifamily Housing (Low -Rise) Exit 27 Demand Exit: 0 % (0) Entry 47 Demand Entry: 0 % (0) 220 - Multifamily Housing (Low -Rise) Exit 27 Demand Exit: 42 % (11) Entry 47 Demand Entry: 46 % (22) 565 - Day Care Center Exit 70 Demand Exit: 0 % (0) Entry 63 Demand Entry: 0 % (0) 220 -Multifamily Housing (Low -Rise) Internal Trips Total Trips 565 - Day Care Center Entry 47 (100%) 0 (0%) Exit 27 (100%) 0 (0%) Total 74 (100%) 0 (0%) 565 - Day Care Center Total Trips Entry 63 (100%) Exit 70 (100%) Total 133 (100%) 820 - Shopping Center 565 - Day Care Center Balanced: Demand Entry: 0 % (0) Entry 63 0 Balanced: Demand Exit: 0 % (0) Exit 70 0 820 - Shopping Center Balanced: Demand Entry: 10 % (14) Entry 143 11 Balanced: Demand Exit: 26 % (40) Exit 155 22 820 - Shopping Center Balanced: Demand Entry: 0 % (0) Entry 143 0 Balanced: Demand Exit: 0 % (0) Exit 155 0 820 - Shopping Center 22 (47%) 11 (41%) 33 (45%) Internal Trips 220 - Multifamily 820 - Shopping Housing (Low -Rise) Center 0 (0%) 0 (0%) 0 (0%) 0 (0%) 0 (0%) 0 (0%) Total 22 (47%) 11 (41%) 33 (45%) Total 0 (0%) 0 (0%) 0 (0%) External Trips 25 (53%) 16 (59%) 41 (55%) External Trips 63 (100%) 70 (100%) 133 (100%) Internal Trips Total Trips 220 - Multifamily 565 - Day Care Total External Trips Housing (Low -Rise) Center Entry 143 (100%) a 11 (8%) I 0 (0%) 11 (8%) 132 (92%) Trebilcock Consulting Solutions, PA P a g e 1 50 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 CXIi i I UU � I UU%o) ZZ � 14 %o) U kU%o) ZZ k 14 %o) 1 J,7 k00%o) Total 1 298 (100%) 33 (11 %) 0 (0%) 33 (11 %) 265 (89%) EXTERNAL TRIPS Land Use External Trips Pass -by% Pass -by Trips 220 - Multifamily Housing (Low -Rise) 41 0 0 565 - Day Care Center 133 0 0 820 - Shopping Center 265 25 66 Non -pass -by Trips 41 133 199 Trebilcock Consulting Solutions, PA P a g e 1 51 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Appendix D: Collier County FY20 - FY24 Five Year Work Program/CIE Trebilcock Consulting Solutions, PA P a g e I S2 NC Square MPUD - GMPA/PUDZ - TIS - July 2020 Project 60158 60201 66066 60147 60190 60215 60212 60212.1 TBD 60228 60145 60211 60198 60199 60200 60219 60129 65061 60144 33524 70167 68057 60055 60232 TBD TBD 60229 TBD TBD TBD 60016 33524 60148 60214 60225 60226 60227 60231 60230 60213 60132 60192 TBD 60233 TBD TBD TBD Several 61001 60040 60056 50154 60208 Attachment ❑ 2020 5 Year Work Program (Dollars shown in Thousands) Project UPDATE Name TO SAP FY19 FY20 FY21 FY22 FY23 FY24 FY 20-24 SUMMARY OF PROJECTS Amount Amount Amount Amount Amount Amount Amount Vanderbilt Beach RdlCollier Blvd-16th 27,154 RAdAXA 15,000 RIA 75,000 C 90,000 Pine Ridge Rd (Livingston to 175) 1,000 A 30,000 DICM 30,000 11 Bridge Replacements 1,975 M 31,865 C 32,940 RandallAmmokalee Road Intersection 221 D 950 DIR %goo C 9,750 Airport Rd Vanderbilt Bch Rd to Immokalee Rd 64 3,000 DIR 14,500 C 17,500 Triangle Btvd Price St 200 R 6,000 RIC 6,000 New Golden Gate Bridges (11) 15,476 DIC 6,12n DIC 16,mn DfC 39,596 47th Ave NE 9,000 DIC 9,000 10th Street NE Bridge %030 DIC 9,030 Sidewalks 1 1,6271 WC 1 1,311 DIC 1 1,997 DIC 1 2,530 DIC 1 2,535 DIC 1 10,000 Golden Gate Blvd 20th St to Everglades 21,935 RAI iC - Orange Blossom (Airport to Livingston) 200 S - - Veterans Memorial 400 R 3,6UU KID 8,8W C 12,400 Vanderbilt Beach Rd (US41 to E of Goodlette) 800 D 500 D1R %900 C 9,400 G oodlard Road (CR 92A) Roadway Improvements 1,400 DAM 2,000 A 4,100 C 6,100 ippoorwill 300 4,000 WC 4,000 Wilson Benfield Ext (Lord's way to City Gate N) 3,487 SfC 7,000 C 1,000 RIA 1,000 WA 1,000 WA 1,000 RIA 11,000 Ruston Pointe 1411 C 15n C 15n Oil well (Everglades to Oil well Grade) 5,832 608 A 300 A 300 A 300 A 300 A 1,809 Tiger Grant Z852 605 635 Business Center (City Gate) %000 C 0,000 Colliet Btvd (Green to GG Main Canal) 3,200 DIA 7,000 RIA 4,900 A 15,100 Randall BlvdAmmkto Oil well 232 1,500 A 1,500 Belle Meade 311 3" Goodlette Rd (VBR to Immokalee Rd) 2,000 RIA 5,500 DAtMVA 6,750 A 14,250 Green Blvd (Santa Barbara Blvd to Sunshine) 500 S 500 Wilson Blvd (GG Blvd to Immokalee) 2,000 A 10,000 DIA 10,000 C 22,000 aiderbi0 Bch Rd (16th to Everglades) 2,B00 DIFUM 11,250 RIA 5,000 RIA 19,050 Massey St 845 DiR 845 Immnkalee Rd (Llvingston to Logan) I 1,nm s1A I I'm" Intersections Improvements Shoulder Widening Z112 - 375 300 300 550 1,525 Pine Ridge Rd Turning Ln 1,590 - Airport Rd -Davis Blvd Intersection 2, 148 DC - ImmukaleaMkodcrest Imp 1,000 DC - de Blvd (Collier to 23rd St S.W.) Shoulders 175 D - 16th Ave (13th St SWto 23rd St SW Shoulders 150 D 1,350 C 1,500 Corkscrew Rd (Lee County Line) Shoulders 1,200 C 1,200 Oil well Rd (Camp Keais Rd to SR 29) Shoulders 900 WC 900 Randall and 8th-8th St Bridge Opening Impacts 100 D 900 C 900 St Andrews Safety 534 DC - ImmWICR951 Broken Back Intersection 1,109 DC - Lake Trafford @ 19th St 2 DC - Raidall Blvd (Irrmk Rd to Desoto Blvd)Shoulder 100 DC 1,450 C 1,550 Corkscrew Rd (Lee Cnty Lineto SR02 Curve) 1,400 C - Randall Blvd at Everglades Blvd 625 DC 350 C 975 Immk Rd at Northbrooke DrlTapon Bay Btvd 1,000 DC 1,000 Everglades Bhni (Oil Well to Immk Rd)Shvulder 1,600 DC 1,600 LAPS 13" - Tree ForniMbodcrest 1,034 Golden Gate Blvd -Nilson to 20th 423 - Collier Blvd (GGB to Green) 339 - Hurricane IRMA 545 - Immokalee Rd Beautification 3 - Contingency Total1 7 861 1 1 51,3751 151,406 1 1 71,973 1 1 67,0451 50,995 392,7341 Trebilcock Consulting Solutions, PA P a g e 1 53 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 06068 �IICSdiO[TE mlrgfefrlplFR�PrO[1raa1S iklage Fi F�rInlArlrrprmaP1r1P1nt4 �,��¢ 7; `iil 1SIlr li,.`III] ii,Sl ll ItL1111 1a,11[II 60131 VMl:Bather ReplaCg1W m 500 250 250 25B 260 'L50B 60131 RuadReaufadn6111A01 5.897 Gem fy560 B.ODD W10) t1.500 3UOD 60123 L rwrocR Road Cotueralw 111 1d11T 1111 1m 60OT7 Stnpnn mW FAmkirq OS5 3m Sm mD SOB 050 a.1B11 601n TrdficOpsUjVaies'Edrarcanents 2,029 ¢OD 760 700 70D fui 3,20D 601B9 LED Rgllacenw11 firooranl 1410 A5D 35D 60193 Sign Rdimdle Mkjf Ruquirenwnl 27 60110 0WWWAae P,7l1LLYayS1LvInP.WakR Hnln Ian r1 AP 1#6 250 3m 3w fit f`wl J,3W 69981 Pdlnvjv Mduwdks Biker Ldrwe;Mwi0.fntrdi 24 60037 AQRet u6nr 5L23 am lug IN IOU 1111 13W 60115 TD1L Relocdlon FLukl310 I'm - - 60197 RM Fadlilly Fund S1It 75D SIM Sm Silo Sm 4111 2'sm 69331.339 UlMrIct 1,2,MA6 5100"k PIL 402 - 60191 Lip Duninri Pha:e 112 -1 Ai ;)I i4"Mn n9 hWrcWfSrprl%Prrag 9 ff,711Y 17 W1 11,1111 1'.r, 1'.:I 1:yfillY 1!611m1 $OOGG Cnngmlmn hlgirt F xe 910 6GOD5 TIS Rwuiewf 3Z zo S 2-50 S 215D S 250 S "Iiu S t29D 60099 F'llB Monlloring 165 - IMI09 Planiing CmnsmMirp 443 sm S sm S B010 S 500 S 5ul ti 2,500 60163 Tr" SIYFL1ies 636 901! 300 MD 30B 300 150B 601i1 Mdti Projed m - ArNwff...l{ep y to :ii'-4 SI VV 1$49) - irrpadFwRilurwis 1,570 250 250 2% 25B 260 1,25B Geld Sen.ioe Paynneds 1312G 19,2G2 v%1m 13'131 12�13G 135h1 Guy2'N TEA Roiling Request Ail Finds e11 t1 7 Irl lll HI1r S Salm Tarr %IN w1w 28.973 3%69D 29,535 183.692 Jgmd Fees i mmue 1a,13D i5rflw 113.5m i5,mo 1!�Sm lf,5111 77AU0 GOA Romig - SmTd Re mw 22975 23, 000 24,01)D 24.D60 24,00D 2400D 1190)) t:raMVMFAnh INNa xdA' 1A9fi 1,311 ;934 4,928 1%362 OC1UInt0r1ocal 62014 1,006 11.00D Transfer 001 to 310 815W 9.3DR %SW 91514 9,55G R55B 47A13 Tra for 111 to 310 4.2511 4,0M 3,511B 3,w 350B AA5m 16pm lydueal Gm Tarz InyaiFEm NO 1331 1ADB 1.06D 1.0DB 1,000 "191 Carty Fortmrd 31]-'.M0Arrpacf Fees i2m 47,576 47,576 YotaltId Dept FtmdIPuJUnfmded Needs 26,9131) r7,3 5,5m 32,266 Expected FEMA Reinihmwmerd 8500 R-300 41pu a1ua llmmvP- 43i, 1 -Vl. 4 W.1 V. J I::q t 1on I mai 5 YP" IIPwW,,5 W513" 110,064 777,372 RfAi7 11.iI;114 Bt Oli 517.,3T3 GFW.0 SwplusPlnortfak 475713 -1.w c` GGS ±11,1:':'.; i' V P, - - KEW eu A- Adv Cmislrrrtiui i S- Studp!D- Design � of-R}tlg:l<imb:C-GnrWrijFYlnrn i K —Royr 1tm i't image A L5=Lmdscape l L=LAigAion ll=hispediun 7puit VER to lmrk '-930 . A M-Arm Fri ud :1P- 19111 nan 1Lr�wrynwn1 19!Y -4 - SRP RFp Tate m'PFk1P.m'JA4 FFKV.R "The 5eern Local Opllan Fuel Tax Is earmarked lowards deal su%m wMcs. arld Imemmlou imlpmaTKUs. qmm Tau PmuYis' fvWl IYA 15M6 Ya11r1FJhB1 I Imfll r W r'1,11111 OD201 Pine PIdO0 R11 (LM11900h IYNWMIp on MW) 6501% 11 B1jd1Je REFla amrds 7i01)0 00147 Irrrnki+anddl Rd 1POw Jon TOD kiipud Rd VBR to broth Rd 1, 606 60216 Triaigle Bkgl.Price St fyBm OD212 Hew Golden Gde 6lklues 111} 47th Slueel Buidgu T180 11ih tilre43 IindgP dAm TEID Sidxwdlss 1.027 1.311 230p1 7,m0 2.BBD 15,476 6.120 18A00 7.308 ROOD Trebilcock Consulting Solutions, PA P a g e 1 54 NC Square MPUD — GMPA/PUDZ — TIS — July 2020 Apuendix E: Collier County Transportation Element Map TR-7 - Excerpt Trebilcock Consulting Solutions, PA P a g e I SS NC Square UPU D-Gum/ u z-2«-2lyAA Tmbca Dsumq Solutions, PA Paae1k EXHIBIT V.C.1 IMMOKALEE SQUARE MPUD COLLIER COUNTY ENVIRONMENTAL DATA REPORT Revised March 2019 Prepared For: Immokalee Square, LLC c% Nian Custom Homes, Inc. 2055 Trade Center Way Naples, Florida 34109 (239) 260-1523 Prepared By: Passarella & Associates, Inc. 13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239) 274-0067 Project No. 15TFL2408 TABLE OF CONTENTS Page Introduction....................................................................................................................................1 EnvironmentalData Author...........................................................................................................1 VegetationDescriptions.................................................................................................................1 ListedSpecies Survey....................................................................................................................3 Native Vegetation Preservation.....................................................................................................3 References......................................................................................................................................4 [I LIST OF TABLES Page Table 1. Existing Land Use and Cover Summary................................................................2 Table 2. On -Site Preserve Native and Non -Native Habitat Types and Acreages................4 ii LIST OF EXHIBITS Page Exhibit 1. Project Location Map.........................................................................................El-1 Exhibit 2. Environmental Data Submittal Preparer's Resume ........................................... E2-1 Exhibit 3. Aerial with FLUCFCS Map...............................................................................E3-1 Exhibit 4. Listed Species Survey Report............................................................................E4-1 Exhibit 5. Native Vegetation Map...................................................................................... E5-1 Exhibit 6. On -Site Preserves Map...................................................................................... E6-1 Exhibit 7. Preserve and Listed Species Management Plan.................................................E7-1 iii INTRODUCTION The following environmental data report is provided in support of the Growth Management Plan Amendment (GMPA) and Planned Unit Development (PUD) for the proposed Immokalee Square Mixed -Use Planned Unit Development (MPUD)/Immokalee Square Mixed -Use Subdistrict (Project). If approved, the GMPA and PUD would allow the Project area to be removed from the Rural Fringe Mixed Use Overlay (RFMUO) subdistrict and accommodate commercial and multi -family uses on the site. The following information is being provided in accordance with the Collier County Environmental Data Submittal Requirements outlined in Section 3.08.00(A) of the Collier County Land Development Code (LDC). The Project totals 24.40± acres and is located in Section 29, Township 48 South, Range 27 East, Collier County (Exhibit 1). More specifically, it is located at the southwest corner of the intersection of Immokalee Road and Catawba Street. The Project is bordered by Immokalee Road and the residental and golf course community of Twin Eagles to the north; Catawba Street and Crawford Landscape Nursery to the east and southeast; the residential development Twin Eagles South, currently under construction, to the south and southwest; and an Immokalee Road stormwater detention area to the northwest. The following environmental data report includes details regarding the author of this report, vegetation descriptions for the various habitats on -site, results of the listed species survey conducted by Passarella & Associates, Inc. (PAI) in July 2018, and the Project's native vegetation preservation information. ENVIRONMENTAL DATA AUTHOR This environmental data report was prepared by Michael Myers. He satisfies the environmental credential and experience requirements for preparing the report, per Section 3.08.00(A)2 of the Collier County LDC. Mr. Myers is a Senior Ecologist with PAI and has over 26 years of experience in the environmental consulting industry. He holds a Bachelor of Science degree from Michigan State University in Wildlife Biology and Management. His resume is attached as Exhibit 2. VEGETATION DESCRIPTIONS The Project's existing land use consists of undeveloped, forested upland habitat with varying degrees of exotic infestation. The vegetation mapping of the subject property was conducted using Collier County December 2017 rectified color aerials (Scale: V = 100'). Groundtruthing to map the vegetative communities was initially conducted on November 6, 2015 and updated on July 5, 2018 utilizing the Florida Land Use, Cover and Forms Classification System (FLUCFCS) Levels III and IV. Level IV FLUCFCS was utilized to denote hydrological conditions and disturbance. Exotic, or "E," codes were used to show levels of exotic species invasion (e.g., Brazilian pepper (Schinus terebinthifolius)). AutoCAD Map 3D 2017 software was used to determine the acreage of each mapped polygon, produce summaries, and generate the final FLUCFCS map (Exhibit 3). A total of five vegetative associations (i.e., FLUCFCS codes) were identified on the property. The dominant habitat types on the site are Cypress, Disturbed and Drained (25-49% Exotics) (FLUCFCS Code 6215 E2) (63.8 percent of the site) and Pine, Disturbed (25-49% Exotics) (FLUCFCS Code 4159 E2) (17.8 percent of the site). Exotic vegetation documented on -site includes, but is not limited to, Brazilian pepper and strawberry guava (Psidium cattleyanum). The degree of exotic infestation ranges from 0 to 75 percent cover. Surrounding land use practices, such as the construction of the Cocohatchee Canal, have significantly altered the hydrologic regime of the area, with draining effects resulting in a relic wetland system within the Project site. The Project site was confirmed to be comprised entirely of upland habitat by the South Florida Water Management District (SFWMD) through a Formal Wetland Determination (Permit No. 11-100754-P) issued November 29, 2018, and by the U.S. Army Corps of Engineers (COE) through an Approved Wetland Determination (Project No. SAJ-2018-02547 (NPR-RMG)), by letter dated October 26, 2018. The resulting acreage and a description for each FLUCFCS classification is provided in Table 1 and the vegetation composition for each community type follows. Table 1. Existing Land Use and Cover Summary FLUCFCS Code Description Acreage Percent of Total 4159 E2 Pine, Disturbed 25-49% Exotics 4.34 17.8 4279 E2 Live Oak, Disturbed 25-49% Exotics 1.28 5.2 4289 E3 Cabbage Palm, Disturbed 50-75% Exotics 2.58 10.6 6215 E2 Cypress, Disturbed and Drained 25-49% Exotics 15.56 63.8 6215 E3 Cypress, Disturbed and Drained 50-75% Exotics 0.64 2.6 Total 24.40 100.0 Pine, Disturbed (25-49% Exotics) (FLUCFCS Code 4159 E2) This upland habitat is situated along the property's northeast boundary and occupies 4.34± acres or 17.8 percent of the property. The canopy is dominated by slash pine (Pinus elliottii) with scattered cabbage palm (Sabal palmetto). The sub -canopy is dominated by cabbage palm with slash pine, Brazilian pepper, and scattered dahoon holly (Ilex cassine). Ground cover included saw palmetto (Serenoa repens), muscadine grape (Vitis rotundifolia), poison ivy (Toxicodendron radicans), greenbriar (Smilax sp.), Virginia creeper (Parthenocissus quinquefolia), American beautyberry (Callicarpa americana), and scattered ground orchid (Habenaria sp.). Live Oak, Disturbed (25-49% Exotics) (FLUCFCS Code 4279 E2) This upland habitat is found along the site's northern boundary and occupies 1.28± acres or 5.2 percent of the property. The canopy is dominated by live oak (Quercus virginiana) with cabbage palm. The sub -canopy includes wax myrtle (Morella cerifera), Simpson's stopper (Myrcianthes fragrans), and Brazilian pepper. The ground cover is comprised of wild coffee (Psychotria 2 nervosa), swamp fern (Blechnum serrulatum), strap fern (Campyloneurum phyllitidis), sword fern (Nephrolepis cordifolia), caesarweed (Urena lobata), and American beautyberry. Cabbage Palm, Disturbed (50-75% Exotics) FLUCFCS Code 4289 E3) This upland habitat is located on the northwest side of the site and occupies 2.58± acres or 10.6 percent of the property. The canopy and sub -canopy strata are dominated by cabbage palm. The sub -canopy also includes Brazilian pepper, with scattered live oak and bald cypress (Taxodium distichum). The ground cover is dominated by sword fern with wild coffee, caesarweed, muscadine grape, and lantana (Lantana camera). Cypress, Disturbed and Drained (25-49% Exotics) (FLUCFCS Code 6215 E2) This upland habitat is located on the southern and central portions of the property and occupies 15.56± acres or 63.8 percent of the site. The canopy of this habitat is dominated by bald cypress along with cabbage palm. The sub -canopy is dominated by cabbage palm along with scattered strangler fig (Ficus aurea), strawberry guava, hog plum (Ximenia americana), citrus (Citrus spp.) and Brazilian pepper. The ground cover includes wild coffee, caesarweed, American beautyberry, swamp fern, and scattered Boston fern (Nephrolepis exaltata). Cypress, Disturbed and Drained (50-75% Exotics) (FLUCFCS Code 6215 E3) This upland habitat is located on the northwest corner of the property and occupies 0.64f acre or 2.6 percent of the site. The vegetative composition is similar to that of FLUCFCS Code 6215 E2; however, this community contains 50 to 75 percent cover of exotic species. LISTED SPECIES SURVEY A listed plant and wildlife species survey was conducted by PAI for the Project site on July 5, 2018 in accordance with the requirements outlined in Section 3.08.00(A)4.b. of the LDC. No listed species or their sign were identified on the property during the survey. The Collier County Listed Species Survey Report for the Project is provided as Exhibit 4. NATIVE VEGETATION PRESERVATION The 24.40± acre site contains all native vegetation, as defined by the LDC (Exhibit 5). The proposed Project will remain consistent with the preservation standards outlined in LDC Section 3.05.07 C.1, requiring 40 percent of the on -site native vegetation to be retained (not to exceed 25 percent of the total site area). This equates to a 6.10± acre preserve requirement for the Project (i.e., 24.40± acres of native vegetation x 25 percent = 6.10± acres of preserve). Table 2 provides a summary of the native vegetation communities on -site and the native vegetation preservation calculation. K Table 2. On -Site Preserve Native and Non -Native Habitat Types and Acreages FLUCFCS Code Description Native Vegetation Acreage* Non -Native Vegetation Acreage 4159 E2 Pine, Disturbed 25-49% Exotics 4.34 - 4279 E2 Live Oak, Disturbed 25-49% Exotics 1.28 - 4289 E3 Cabbage Palm, Disturbed 50-75% Exotics 2.58 - 6215 E2 Cypress, Disturbed and Drained 25-49% Exotics 15.56 - 6215 E3 Cypress, Disturbed and Drained 50-75% Exotics 0.64 - Total 24.40 0.00 *Minimum Retained Native Vegetation Requirement = 6.1 Acres (Native Vegetation Acreage 24.40 Acres x 25 Percent) The Conceptual Master Plan identifies 6.20± acres of preserve area for the Project. The Conceptual Master Plan proposes to establish two preserve areas: one in the northwest corner of the site (2.61± acres) along Immokalee Road, and the second along the south boundary line (3.59± acres), to further buffer the Project from Twin Eagles South and to adjoin the off -site preserve to the east (Exhibit 6). The intent of two preserve areas is to satisfy the Preservation Standards as outlined in Sections 3.05.07.4 and .5 of the LDC. The northwest preserve area will retain a small live oak or hardwood hammock that contained one archaeological site (8CR1502) that was tested during a Phase I cultural resource assessment by Archaeological and Historical Conservancy, Inc. (refer to Davidson Engineering, Inc. submittal for copy of Phase I assessment). The second preserve area will adjoin the off -site conservation area located to the site's east, on Crawford Landscape Nursery. All of the prohibited exotics will be removed from the preserve areas, and a management plan is provided (Exhibit 7), per Collier County's LDC requirements. REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-010-001-a. Second Edition. 12 EXHIBIT 1 PROJECT LOCATION MAP ^y"s BO,NITABEACH-RD�SEL s.EXIT: o '::•.. 11161 } Tf ''G' FN. 'bydfe=.i:r41�F: ,M,R.p T.U� SC BURN? o, 75 Ar" '9" ����J x E ti p�� �• ' T EXIT ' "AUTUMN-0 A'KS'CN � ^},�i'• ' � 'HIDDEN OAKS:L-N�-:� .s� ..SPANISH'OAKSILN-;�'¢, 4 'GOLDEN-OAKS-LN-',r_A�T'U �s • �• STANDING'OAKSLN-D �' cb --m-SHADYOA IfS LNG- ' Wb' —Qe—BUR:OAKS LN: ..ENGLISH OAKS:LN A�3C . B I.�+• X ��'r�- �. t gpR<Gs CHERRY WOOD DR HARRELL AVE - _ SHADY HOLLOW BI 41 S T AV.E .N W 39TH AVE NW-� 7-TH-AV.E N W . s� ¢ 5TH AV.E'N W Z -Qq AR 33RD.AV.E NW oi _I C } f Le r E: N W r• c o \\NEA G0� ', w25TH-PJ a 5 : w IM.MO "'LE£-RD —'�" - ;� r�f l I- L -247H AVE NW T-22ND. AVE-'NWr i MyQ m y^M1 D A A m D N A ' CO, TVr k O�lpINESp� o;� m, o :.o ��:�� - r.20T,H,AV�E NWi. . ,may 1i9�W i ch A .vOl ly's PVCf,D.R o. 87 - 18TH AVE NW;-r i{PROJECT -�-JUNG'B.LVD-W-,-- rn •.'1 6T H.AVE:N W • • ' KERI ISLAND RD .. .. SHADY LN 14TH AVE NW% , z D I _ ,. U.N. �i +. 92TH AVE,NW:� r,10TH AVE NW�- -•7dHf AVE N W - .. SP �` �.. _ :'STH AV E'NW�� EXHIBIT 2 ENVIRONMENTAL DATA SUBMITTAL PREPARER'S RESUME Michael A. Myers Senior Vice President November 1996 - Present Senior Vice President for Passarella & Associates, Inc., an ecological consulting firm providing environmental and ecological services. Services include state, federal, and local permitting; agency negotiations; presentations for planning, zoning, and board of county commissioner hearings; environmental impact assessments; ecological assessments; listed species surveys, permitting and relocation; state and federal wetland jurisdictionals; wetland mitigation assessments, design, permitting and construction observations; and environmental project management. REPRESENTATIVE PROJECT EXPERIENCE AVIATION Naples Municipal Airport, Collier County Wetland jurisdictional determinations, wetland mitigation assessment, and state and federal permitting for the hoof acre airport. Pine Island Airpark, Lee County Environmental project management, wetland jurisdictional determinations, listed species surveys, bald eagle consultation with the U.S. Fish and Wildlife Service, and state and federal permitting for the lot acre airport. COMMERCIAL & RESIDENTIAL DEVELOPMENT Freshman Daniels/Waterstone, Lee County Environmental project management, vegetation mapping, wetland mitigation assessment, wetland mitigation design, listed species surveys, species specific surveys, state and federal permitting, Lee County zoning review, and Lee County Hearing Examiner presentation for the 44f acre project. Arborwood, Lee County Environmental project management; state and federal permitting; wetland mitigation assessment, design, and monitoring; species specific surveys; consultation with the U.S. Fish and Wildlife Service; and Lee County Hearing Examiner presentation for the 2,534t acre project. Daniels Marketplace, Lee County Environmental project management; state and federal permitting; wetland mitigation assessment, design, and monitoring; listed species survey and species specific surveys; and Lee County Hearing Examiner presentation for the 59f acre project. Cypress Hammock, Lee County Environmental project management; state and federal permitting; wetland mitigation assessment, design, and monitoring; listed species survey and species specific surveys; and Lee County Hearing Examiner presentation for the 26t acre project. Hunter's Ridge Golf Course, Lee County Wetland mitigation monitoring for the 270t acre project. Carefree Resort of Southwest Florida, Lee County Environmental project management; state, federal, and local permitting; agency negotiation; mitigation design; and construction observations for the 50f acre mobile home and RV development. Retreat Golf Course, Lee County Environmental project management, state and federal permitting, wetland jurisdictional determinations, and listed species surveys for the 18of acre project. Airport Technology Center, Lee County Environmental project management; state and federal permitting; wetland mitigation assessment, design, and monitoring; listed species survey and species specific surveys; and Lee County Hearing Examiner presentation for the 171f acre project. Verandah, Lee County State and federal permitting, county zoning review, wetland mitigation assessment, and U.S. Fish and Wildlife Service Section 7 Consultation for the 1,454f acre residential and golf course project. Sun City, Lee County State and federal permitting and U.S. Fish and Wildlife Service Section 7 Consultation for the 1,o17t acre residential and golf course development. Hideout Golf Course, Collier County Vegetation mapping, listed species survey, wetland jurisdictional determinations, wetland mitigation assessment, red -cockaded woodpecker foraging surveys, state and federal permitting, and federal negotiations for red -cockaded woodpeckers on the 19ot acre project. Glen Eden on the Bay, Collier County Environmental project management, state and federal permitting, agency negotiations, wetland mitigation assessment, and off -site wetland mitigation for the 40t acre residential development project. PASSARELLA Con. g'°ging SSOCIATES X Offices in Florida and South Carolina 13620 Metropolis Avenue • Suite 200 • Ft. Myers, FL 33912 1 505 Belle Hall Parkway • Suite 102 • Mt. Pleasant, SC 29464 www.passarella.net Michael A. Myers Senior Vice President CONSERVATION BANKS Florida Panther Conservation Bank, Hendry County Permitting and agency consultation for the 1,971t acre first U.S. Fish and Wildlife Service approved Florida panther conservation bank. Florida Panther Conservation Bank II, Hendry County Permitting and consultation with the U.S. Fish and Wildlife Service for the 472t acre conservation bank. INSTITUTIONAL Collier County Public Schools, Collier County Environmental permitting and monitoring services on numerous public school sites in Collier County. Golden Gate High School, Collier County Environmental site assessment, wetland jurisdictional determinations, School Board Review approval, species specific surveys, state and federal permitting, U.S. Fish and Wildlife Service Section 7 Consultation, gopher tortoise permitting and relocation services, and general consultation for the 61f school site. Bethune Education Center, Collier County Listed species survey, wetland jurisdictional determinations, School Board Review approval, state and federal permitting, U.S. Fish and Wildlife Service approval via technical assistance, State Historic Preservation Officer Determination, and general consultation for environmental permitting for the 6f acre project. ROAD PROJECTS Bonita Beach Road State and federal permitting, vegetation mapping, listed species survey, wetland delineation, and mitigation assessment for the 19f acre road project. Bonita Beach Road Sections 4 and 5 State and federal permitting, vegetation mapping, and listed species survey for the 41f acre road project. WETLAND MITIGATION BANKS Bullfrog Bay Mitigation Bank, Polk County State permitting, wetland mitigation assessment, wetland mitigation design, and mitigation monitoring for the 426f acre project. OTHER Bonita Springs Utilities Bonita Beach Road East Water Storage Tank, Lee County Environmental project management, vegetation mapping, state, federal, and local permitting, wetland mitigation design, listed species survey, wetland monitoring, and Lee County Hearing Examiner presentation for the 14f acre project. Bonita Springs Fire Station No. 4, Lee County Environmental project management, vegetation mapping, state and federal permitting, wetland mitigation design, listed species survey, wetland monitoring, and Lee County Hearing Examiner presentation for the 14t acre project. Florida Gulf Coast University, Lee County Vegetation mapping, ecological assessment, and state permitting for the 40t acre student housing project. U.S. Fish and Wildlife Service Beautiful Pawpaw Monitoring and Reporting, Lee and Charlotte Counties Monitoring and report preparation on the listed species, Beautiful pawpaw for the U.S. Fish and Wildlife Service in Lee and Charlotte Counties. Florida Department of Environmental Protection Cape Romano Acquisition Area, Collier County Wetland jurisdictional determinations for real estate assessment maps for the Florida Department of Environmental Protection Soot acre acquisition area. Lee County Emergency Operation Center, Lee County State and federal permitting, U.S. Fish and Wildlife Service Section 7 Consultation, Collier County Environmental Impact Statement, wetland jurisdictional determination, wetland mitigation assessment, and wetland mitigation design for the 34f acre school facility. PREVIOUS EXPERIENCE Ecologist III, Environmental Field Supervisor Johnson Engineering, Inc. (September 1992 - November 1996) Member of the firm's environmental section. Supervisor for ecological field studies, environmental planning, and regulatory agency coordination. Performed wetland jurisdictional determinations, protected species surveys, regulatory permitting, and wetland mitigation design and monitoring. 2 1 Page Michael A. Myers Senior Vice President Representative Projects Estero Pointe Property, Lee County Field supervisor and ecological assessment (vegetation mapping, jurisdictional wetland determinations, and protected species surveys) for the 800± acre project. Florida Department of Transportation Alternative US 41 Extension from South of Six Mile Cypress to Business US 41, Lee County Ecological assessment (vegetation mapping) for the road extension project. Old Town Commercial and Residential Development, Lee County Ecological assessment (vegetation mapping), state and federal permitting, and wetland mitigation design for the 200± acre project. Baylanding Commercial and Residential Development, Lee County Ecological assessment (vegetation mapping, wetland jurisdictional determinations, and protected species surveys) and state, federal, and local permitting for the 6o± acre project. Fisher Parcel, Lee County Ecological assessment (vegetation mapping and wetland jurisdictional determinations) and state and federal permitting for the 7o± acre project. DSA Proposed Mining Operation, Collier County Environmental assessment (wetland jurisdictional determination) for the 36o± acre project. Lee County Boot Camp Site, Lee County Environmental assessment (wetland jurisdictional determination and protected species survey) for the 8o± acre project. 4± Acre Residential Home Site, Lee County Environmental assessment (protected species survey) and agency coordination for gopher tortoise take permit for the 4± acre project. OBP Regional Mall Site, Collier County Environmental assessment (wetland jurisdictional determination) for the 200± acre project. 406± Acres in North Cape Coral, Lee County Ecological assessment assistance (vegetation mapping, wetland jurisdictional determinations, and listed species surveys) for the 4o6± acre project. Hookers Prairie Mitigation Site, Polk County Third annual wetland monitoring reportfor IMCFertili7er, Inc.'s 125± acre mitigation site. Florida Department of Transportation Widening of SR 72, Sarasota County Wetland mitigation monitoring/permitting for the road widening project. Market Place DRI, Lee County Gopher tortoise relocation for the 6o± acre project. Florida Cities Water Company Green Meadows Wellfield, Lee County Wetland monitoring for the wel field. Lee County Department of Transportation Daniels Road Widening, Lee County Wetland mitigation inspections for the 30± acre mitigation site. Florida Department of Transportation 951 Widening South of US 41, Collier County Construction inspections for the road widening project. City of Cape Coral Del Prado Boulevard Extension, Lee County Ecological assessments (vegetation mapping, listed species surveys, and wetland jurisdictional determinations), state and federal permitting, and wetland mitigation design for the road extension project. Omni Interstate Park, Lee County Wetland monitoring for the 6o± acre mitigation site. Health Park Florida DRI, Lee County Wetland mitigation design, wetland monitoring, wetland jurisdictional determinations, state and federal permitting, and mitigation construction observations for the 400± acre project. River Run, Lee County Wildlife surveys for the 1,1oo± acre project. CONTINUING EDUCATION Hydric Soils and Fall Grass Identification Workshop, Hillsborough River State Park, Florida (2013) Audubon's Shorebird and Seabird Identification Class (2012) ULI Southwest Florida "Mitigation Matters" (201 1) Fort Myers Lower West Coast Partnering - South Florida Water Management District (2009, 2010) Proposed Changes to Florida's Water Quality Regulations and Economic Impacts on Southwest Florida (2010) 3 1 Page Michael A. Myers Senior Vice President Endangered Species & Renewable Energy Development (2009) Exotic Species Workshop (2009) Future of Master Planned CommLnities in Southwest Florida (2009) The Road to Recovery, Infrastructure Leads the Way (2009) U.S. Army Corps of Engineers Regulatory Road Show (2008) Panther Mitigation Workshop (2007) Florida Uniform Mitigation Assessment Method (UMAM), South Florida Water Management District (2005) Scrub Plant Seminar with Dr. George Wilder (2004) Oak Trees of Lee and Collier Counties with Dr. George Wilder (2004) Florida Gulf Coast University Plant Identification Course (2003) Master Wildlifer Program (2003) Ted Below, Shorebird Seminar (1998) Dr. David Hall, Grasses, Sedges and Rushes Plant Identification Workshop (1996) Dr. David Hall, Sedges and Rushes Plant Identification Workshop (1995) Dr. David Hall, Plant Identification Workshop (1993) Native Plant Society Annual Conference (1993) Florida Department of Environmental Protection Wetland Delineation Workshop (1993) Dr. Victor Carlisle Hydric Soils Workshop (1993) Florida Chamber's Environmental Permitting Short Course (1993) PRESENTATIONS American Society of Civil Engineers Presentation on Bald Eagle Protection Regulations (2007) Southwest Florida Association of Environmental Professionals Presentation on Bald Eagle Protection Regulations (2007) Florida Zoning and Planning Association Presentation on Bald Eagle Protection Regulations (2007) EDUCATION Bachelor of Science, Wildlife Biology & Management 1980 Michigan State University, East Lansing, Michigan CERTIFICATIONS Certified Wetland Delineator, U.S. Army Corps of Engineers Certified to Perform Generic Gopher Tortoise Relocations by the Florida Fish and Wildlife Conservation Commission Certified in Basic First Aid by the South Fort Myers Fire Department PROFESSIONAL ASSOCIATIONS Florida Association of Environmental Professionals President of Southwest Florida Chapter (1996 - 1998) State Board of Directors (1996 - 1998) Local Board of Directors (1994- 1998) Florida Native Plant Society Society of Wetland Scientists Lee County Eagle Technical Advisory Committee (2007 - Present) 4 1 Page EXHIBIT 3 AERIAL WITH FLUCFCS MAP EXHIBIT 4 LISTED SPECIES SURVEY REPORT IMMOKALEE SQUARE MPUD LISTED SPECIES SURVEY REPORT January 2019 INTRODUCTION This report documents the results of the listed species survey conducted by Passarella & Associates, Inc. (PAI) on July 5, 2018 for Immokalee Square Mixed -Use Planned Unit Development (MPUD) (Project). The Project includes a proposed commercial and multi -family development with associated infrastructure and stormwater management system. The purpose of the survey was to review the Project area for plant and wildlife species listed by the Florida Fish and Wildlife Conservation Commission (FWCC), the Florida Department of Agriculture and Consumer Services, and the U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, species of special concern, or commercially exploited. The survey was also conducted to be consistent with Sections 3.08.00 and 3.04.03 of the Collier County Land Development Code (LDC). The Project totals 24.40± acres located in Section 29, Township 48 South, Range 27 East, Collier County (Figure 1). More specifically, the property is located in the southwest corner of the intersection of Immokalee Road and Catawba Street, approximately 6.6 miles east of Interstate 75. The Project is bordered by Twin Eagles, a residential golf community to the north across Immokalee Road (State Road 846); Crawford Landscape Nursery to the east and southeast; Twin Eagles South, a future residential community currently under construction, to the south and west; and a detention area that is part of the Immokalee Road stormwater management system to the west. The results of the July 5, 2018 survey identified no listed species or their sign on the property. METHODOLOGY AND DISCUSSION The listed plant and wildlife species survey included an on -site review conducted on July 5, 2018 and subsequent literature search for local, state, and federal listed species. The results of the on - site review found no listed wildlife species or its signs (i.e., tracks, burrows, scat, calls, etc.). The literature search found no documented occurrences for listed wildlife species on the property and the Project is not located within designated critical habitat for any listed wildlife species. The literature search involved an examination of available information on protected species in the Project's geographical region. The literature sources reviewed include Florida's Endangered and Threatened Species list (FWCC 2017); Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 1991); USFWS Habitat Management Guidelines for the Bald Eagle in the Southeast Region (1987); the Florida Panther Habitat Preservation Plan (Logan et al. 1993); the Landscape Conservation Strategy Map (Kautz et al. 2006); and the USFWS and/or the FWCC databases for telemetry locations of the Florida panther (Puma concolor coryi), bald eagle E4-1 (Haliaeetus leucocephalus), red -cockaded woodpecker (Picoides borealis) (RCW), Florida black bear (Ursus americanus floridanus), Florida scrub jay (Aphelocoma coerulescens), and wading bird rookeries, such as the wood stork (Mycteria americana), in Collier County. The results of the literature search found no documented occurrences of listed wildlife species on -site (Figure 2). The wildlife agencies' database information is updated on a periodic basis and is current through different dates, depending on the species. The FWCC information is current through the noted dates for the following four species: Florida panther telemetry — June 2017; bald eagle nest locations — April 2016; black bear telemetry — December 2007; and RCW locations — August 2017. As previously noted, the results of the literature search found no documented occurrences of listed wildlife species on -site (Figure 2). The closest documented bald eagle nests is located two miles to the southwest of the Project. The nest distance is beyond the USFWS and the FWCC recommended 660-foot buffer protection zone for active and alternate bald eagle nests. The bald eagle is not a listed species but is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. No RCW colonies or cavity trees have been documented within the Project area, per the FWCC database (Figure 2). The USFWS considers suitable habitat for the RCW to include any forested community with pines in the canopy that encompasses more than 10.0± acres (i.e., includes both on -site and off -site). Although the Project area does have canopy pine trees, no cavities were noted in living pines during the survey and no sightings were documented in the area. The RCW is a state and federally listed endangered species. The literature search confirmed that the Project is located within the 30-kilometer (18.6-mile) core foraging area for two documented wood stork rookeries (No. 619018 and Barron Collier) (Figure 3). The wood stork is a state and federally listed threatened species. The wetlands that historically existed on the site have been effectively drained and are infested with exotic species, such as Brazilian pepper (Schinus terebinthifolius), and are heavily overgrown with cabbage palm (Sabal palmetto) in the mid -story. As a result, it is not expected that wood storks will access and utilize this habitat. The FWCC database contains no documented Florida black bear radio -telemetry locations on -site (Figure 2). The closest telemetry point is located over two miles northwest of the Project area. The Florida black bear was delisted by the FWCC in August 2012. No Florida panther telemetry is located on -site (Figure 2). The closest panther telemetry point is located approximately three-quarters of a mile northeast of the Project site, across Immokalee Road. The property, however, is located within the Florida Panther Secondary Zone (Kautz et al. 2006) of the Panther Focus Area (Figure 4). The Florida panther is a state and federally listed endangered species. The July 5, 2018 field survey methodology consisted of qualified ecologists walking parallel belt transects across the property (Figure 5). The transects were generally walked approximately 100 E4-2 feet apart, depending on habitat type and visibility. The weather during the July 5, 2018 survey was clear to partly cloudy with calm to light wind. The temperatures ranged from the mid-80s to low 90s. The survey began around 10:15 a.m. and ended at approximately 2:30 p.m. RESULTS The results of the July 5, 2018 survey identified no listed species or their sign. The literature search of the wildlife agencies' databases also found no documented occurrences for listed species within the Project area. The Project site is located within the USFWS Panther Secondary Zone and Focus Area. It is located within the core foraging area of two wood stork colonies but is not located in the vicinity of any documented active RCW colonies or bald eagle nests. REFERENCES Florida Fish and Wildlife Conservation Commission. 2017. Florida's Endangered and Threatened Species. Official Lists, Bureau of Non -Game Wildlife, Division of Wildlife. Florida Fish and Wildlife Conservation Commission. Tallahassee, Florida. Kautz, R., R. Kawula, T. Hoctor, J. Comiskey, D. Jansen, D. Jennings, J. Kasbohm, F. Mazzotti, R. McBride, L. Richardson, K. Root. 2006. How much is enough? Landscape -scale conservation for the Florida panther. Biological Conservation, Volume 130, Issue 1, Pages118-133. Logan, Todd, Andrew C. Eller, Jr., Ross Morrell, Donna Ruffner, and Jim Sewell. 1993. Florida Panther Habitat Preservation Plan South Florida Population. U.S. Fish and Wildlife Service. Gainesville, Florida. Runde, D.E., J.A. Gore, J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission. Tallahassee, Florida. U.S. Fish and Wildlife Service. 1987. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. E4-3 r�•',}iI .N .` - , . T ..—. _� - v HARRELL AVEI I . 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LU LU 1 . � a W 3 1 W I (D co co z uiUl W z W a • O • • 1 zz • I > iOn�9 NVOOI I 1 • I WV 71FLZ:11 0 610Z/SZ/1- OXW'dVW-NOIIVOOI-S3103dS-Z-3an91j%S3Nnoij%SSI\810Z%S19\807Z1d1Sl\SIOZ\:f w GI�1 w U LLl a0m w�F Q w J Z F 1 Z O Z rTl 0¢.wi� K0Cj W x z F< J o wwW� a ZowQ Vr/Zw�wO O y w < O }o<aw 3 F m F 0 3 0 m O W} .O z wz�3 33� �I 2-0 `•C%J1 UW / ao as SIV3>i dwVO o J> U x Z \ / Lu ■ P LLI � O N Q J J d O O U am9 s3aV_lEa3n3 0 J O m W 5 � af o o� w I I °z Y c7 O Z. am9 NVQO"l oQ Q O Q w w o O J � Q o O w a GS_�ON RD z z W � > a AIRPORT-PULLINGRD !} SNREE OAKS PK\Ny J GOODLETTE FRANK RE) a CRyAYL .19 z v m w d Oa 33-1 F \7ANDERBIL'T DR p.} M Z a 3t8�v0' m w WV sl:[z:ll 0 610MV1 - aXW'W9-91-aNV-S3la3NOOa-NaOlS-LOOM-£-3aASIl \S3NASIj\SSI\EIOZ\SI9\E07ZId1S1\slot\:f N W E LEE 0 1 2 COLLIER MIW LEGEND df IMMOKALEE SQUARE PANTHER FOCUS AREA PANTHER ZONES ® PRIMARY ZONE ® SECONDARY ZONE NOTES PANTHER FOCUS AREA WAS ACQUIRED FROM THE USFWS FTP SITE MARCH 2O07. PRIMARY AND SECONDARY ZONES WERE ACQUIRED FROM (KAUTZ ET AL. 2006). PROJECT LOCATION FIGURE 4. PANTHER ZONES WITH PANTHER FOCUS AREA H.H. E EDGY D 3/1$ POPASSARELLA M.A.M. 7/3/18 SL ASSQCIATES IMMOKALEE SQUARE MPUD RB�SBD DAB <o)— sue -IMMOKALEE ROAD- . i H.H. 7/17/18 FIGURE 5. AERIAL WITH SURVEY TRANSECTS REVIEWED BY DATE IMMOKALEE SQUARE MPUD M.M. 7/17 REVISED DATE URVEY NOTES: AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE COLLIER COUNTY PROPERTY APPRAISER'S OFFICE WITH A FLIGHT DATE OF DECEMBER 2017. PROPERTY BOUNDARY PER DAVIDSON ENGINEERING DRAWING NO. E-256-P571-I8-434 IMMOKALEE SOUARE.DWG DATED JANUARY 2, 2019. OPPASSARELLA asu1fnE & ASSOCIATES � Emlo ins U EXHIBIT 5 NATIVE VEGETATION MAP ( §$$$$)+! |!§@ff| §§l�kk■ _ \ _ 2 2 \� \\\ \ \\ }\ \ / ■} a!9§§ j ) z r [)k§§ _ _ \ / \ ❑ ��§\° z E1.. 01 5 \ » %2\\\\\ e \ \ �§�B§■" g kCL \ k§ d \ m$ m J_ LLIk o _ !f\>J LU A� (- z2 zo / ; \\ \� [ a: § 2 \E EXHIBIT 6 ON -SITE PRESERVES MAP d � X .. w i� w` za a wI o' z� Ia z w o f tiH } c a �w J F� wp Cr m 2 2 Z Z Z Z p d W Ho O QO H Q K QO ce El w w a a O is a Q� 0 a \\\ \\\\ � 6 CO - J LU \ \\ J x W \\\\\ \\ W ?off o. c s w H W J = � F a� W C Z N r r Ywm a\' b � o � C N p 'tl Q a V a N W F A-1 ♦e --ld uv6111 6103 sz xvr I-i 'evl 9x9'aaW ---d 3+Is-x0 91-1xx3--N vied �vixaux9xlnx3�6192\8912�aasl\s192\ r EXHIBIT 7 PRESERVE AND LISTED SPECIES MANAGEMENT PLAN IMMOKALEE SQUARE MPUD PRESERVE AND LISTED SPECIES MANAGEMENT PLAN March 2019 INTRODUCTION The following details the preserve and listed species management plan for Immokalee Square Mixed -Use Planned Unit Development (MPUD) (Project), a 24.40± acre commercial and multi- family residential project located in Section 29, Township 48 South, Range 27 East, Collier County. The plan has been prepared in accordance with Collier County Land Development Code (LDC) Chapter 3.04.00. The Project includes a total of 6.20± acres of native preservation split between two areas (Note: 6.10± acres is needed to satisfy the County's minimum native vegetation preservation requirement). The Conceptual Master Plan proposes a preserve located in the northwest corner of the site (2.61f acres) along Immokalee Road, and the second along the south boundary line (3.59± acres) next to Twin Eagles South and abutting the off -site preserve to the east on Crawford Landscape Nursery. The preserve areas will include enhancement activities in the form of exotic vegetation removal, along with placement under a record conservation easement granted to the Collier County. This will ensure that the preserve remains in a natural state in perpetuity. EXOTIC REMOVAL The preserve areas will be enhanced through the hand removal/treatment of exotic vegetation. The exotic plant species to be removed from the preserve areas include, but are not limited to, melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), strawberry quava (Psidium cattleyanum), caesarweed (Urena lobata), air potato (Dioscorea bulbifera), and downy rose -myrtle (Rhodomyrtus tomentosa). Hand treatment of exotic and nuisance plant species will include one or more of the following methods: (1) cut exotics within 12 inches of ground elevation, hand remove cut vegetation, and treat remaining stump with approved herbicide; (2) foliar application of approved herbicide to exotic saplings; (3) foliar application of approved herbicide or hand pulling of exotic seedlings; and (4) foliar application of approved herbicide to nuisance and exotic grasses. Cut exotic vegetation debris will be removed from the site. Application of Environmental Protection Agency approved herbicides will be executed under the supervision of a state licensed pesticide applicator in accordance with the applicable material safety data sheets and label directions. Care will be taken to reduce damage to non -target native species to the maximum extent practical. E7-1 Exotic vegetation species to be controlled include Category I and II species listed by the Florida Exotic Pest Plant Council. Nuisance plants reaching a problematic, invasive level will also be controlled to reasonable and achievable levels (not dominating any one area of the preserve, as appropriate for the habitat type/target habitat of the area and associated potential wildlife usage). INSPECTIONS AND MONITORING The Preserve Manager will conduct qualitative monitoring of the preserve areas annually, at a minimum. The vegetation will be monitored following enhancement activities and will include a review of the canopy, sub -canopy, and ground cover strata. Monitoring will identify areas which may have been missed by landscape/maintenance crews and are in need of treatment. Permanent fixed-point photograph stations will be established in the two preserve areas to provide photo - documentation of the condition and appearance of the preserve, as well as any changes taking place within it. Annual monitoring reports will be prepared for the property owner and kept on record. The most recent five years of reports will be made available for Collier County's review upon request. MAINTENANCE The preserve area will remain in a natural state in perpetuity and not be disturbed by dredging, filling, land clearing, or construction related activities. Maintenance will be conducted in perpetuity to ensure that the preserves are free of exotic vegetation and nuisance vegetation. The preserve area shall be kept free of refuse and debris. If sod is being used to stabilize the berm slopes adjacent to the preserve area, native sod grass (i.e., St. Augustine grass (Stenotaphrum secundatum)) will be used, and maintenance and monitoring of the preserve and development line boundaries will be conducted to control the spread of the sod grass into the preserve. Maintenance of the sod will include regular edging and either hand pulling or herbicide treatment of sod grass which has encroached into the preserve. PRESCRIBED FIRE Prescribed burning may be used as a management tool to maintain the native vegetation communities within the on -site preserve. Prescribed burns help maintain vegetative communities in their natural state, reduce fuel loads and the danger of wildfire, aid with the eradication and control of exotic and nuisance vegetation species, and improve wildlife habitat. Prescribed burning is typically conducted during the winter or early spring when temperatures are reduced and wind direction is more constant. However, changes in annual weather cycles determine when burn permits will be available and when burns may be conducted. All required permits from the appropriate regulatory authorities will be obtained prior to implementation of prescribed burns. Prior to the prescribed burn, the burn prescription will be forwarded to Collier County compliance staff for their review and approval. E7-2 PRESERVE SIGNAGE Permanent physical markers identifying the boundary of the preserve will be installed along the limits of the on -site preserve area. Signage will be placed around preserve areas to identify and protect the preserve during and after construction. In accordance with LDC 3.05.04, the signs will be no closer than 10 feet from residential property lines, will be limited to a maximum height of 4 feet and a maximum size of 2 square feet, and spaced no further than 300 feet apart. PERMITTED USES Allowable uses within the preserves include those activities required to maintain the preserve area per the Project's requirements. Prohibited uses include, but are not limited to, construction or placing of buildings on or above the ground; dumping or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation -- with the exception of exotic/nuisance vegetation removal; excavation, dredging, or removal of soil material; diking or fencing; and any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat conservation or preservation. BIG CYPRESS FOX SQUIRREL MANAGEMENT PLAN The following plan has been prepared to outline the protection guidelines that will be implemented for the Big Cypress fox squirrel (Sciurus niger avicennia) prior to, during, and after construction of the Project, and to address the conservation of fox squirrel habitat on the site. Pre -Construction Surveys Although no Big Cypress fox squirrels were observed on -site during the July 2018 listed species survey, there is the potential for Big Cypress fox squirrels to utilize the site. As such, prior to commencement of construction activities, the preserve area will be staked in the field and clearly identified with orange silt fencing or an equivalent barrier. The operation and storage of construction equipment and the stockpiling of fill and construction material will be prohibited within the fenced preserve area. The fencing identifying the limits of the preserve will be maintained for the duration of construction activities. Also prior to commencement of clearing activities, a survey will be conducted by a qualified ecologist in the areas that will be cleared in order to identify potential Big Cypress fox squirrel nests. If potential nests are identified within the clearing limits, observations will be conducted to determine if the nests are being utilized by Big Cypress fox squirrels. The Florida Fish and Wildlife Conservation Commission (FWCC) will be notified of nests determined to be utilized by Big Cypress fox squirrels. No clearing will be conducted within 575 feet of an active Big Cypress fox squirrel nest tree. After completion of nesting and observations document that juvenile squirrels have left the nest, a written request to remove the nest shall be made to the FWCC. After receipt of the written authorization from the FWCC, the nest tree and buffer can then be cleared. E7-3 The habitats within the two on -site preserve areas will be enhanced through exotic removal and protected by placement under a recorded conservation easement. These activities will ensure that the preserve area will continue to provide foraging and nesting habitat for Big Cypress fox squirrels. FLORIDA BLACK BEAR MANAGEMENT PLAN The informational brochure created by the FWCC and titled "A Guide to Living in Bear Country" provides background information on the identification, habits, and protection of the Florida black bear (Ursus americanus floridanus) and will be distributed to future commercial and residential homeowners, as well as construction/maintenance personnel. The brochure educates the public about the Florida black bear and how to discourage bears around commercial business and residential homes. The brochure also provides FWCC contact information for anyone who may experience bear problems. The Project will utilize bear -proof dumpsters and owners will be provided with information on how to secure their garbage containers to discourage bears from foraging in trash receptacles. These brochures can be obtained from the FWCC's website: www.myfwc.com/wildlifehabitats/managed/ bear/brochures. PRESERVE MANAGER AND DEVELOPER INFORMATION The contact information for the preserve manager and the developer are as follows: Preserve Manager Mike Myers Passarella & Associates, Inc. 13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239) 274-0067 MikeM@Passarella.net Developer Antonio Brown Immokalee Square, LLC 2055 Trade Center Way Naples, Florida 34109 (239) 260-1523 abrown@niancorp.com The preserve manager is responsible for overseeing the implementation of the preserve management plan until a property manager and/or homeowners association takes over from the developer. This Preserve and Listed Species Management Plan is provided on a 24 x 36 inch drawing as Appendix A. E7-4 APPENDIX A PRESERVE AND LISTED SPECIES MANAGEMENT PLAN (24 X 36 inch) x A i zllzix 7MU i i .5 1. 8 44; L.-, 5r A RP-8 -2 8A a �4 1 H --f X9 � g -, W� 1 ?z. 9 f E 9:2 9 p4f -u P 2 2 a5-s E' I k 21 s .52 Ix E -g A mg 8 U 2 HE A 3 t9 Vz a 8 t.8 -g 8, 9. 5 45 B- .- . $ 2 �, & - '.6 IE . . I - - — > o �N 8 1! EU jU 0 0 '- -,2. 0- 6 , 9 j 9 5 > PA ' IL .14 A > EZi z' tr 0 4; Uo.Hma HM H-1 FN ym C/) w. -Z Z, Z z A z n cL ac Uz o ,tD ow - . . . . . . . Xb X -Z to 1. RM D L U5 10 1. Z Z 0 cq LU LLI LLI LLI LLI 10 V) LU LLI 19 iL r (E) . .... .. L-4.... NC SQUARE MPUD FLORIDA BONNETED BAT CAVITY TREE SURVEY AND CAVITY INSPECTION REPORT June 2049 Prepared For: Pan Terra Holdings, LLC 150 Alhambra Circle, Suite 925 Coral Gables, Florida 33134 (305) 461-0563 Prepared By: Passarella & Associates, Inc. 13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239) 274-0067 Project No. 15TFL2408 TABLE OF CONTENTS Page 1.0 Introduction...................................................................................................................... 1 2.0 Site Description................................................................................................................ 1 3.0 Biology of the Florida Bonneted Bat................................................................................ 1 3.1 Description................................................................................................................1 3.2 Range........................................................................................................................2 3.3 Habitat...................................................................................................................... 2 3.4 Life History and Ecology.......................................................................................... 2 4.0 Methodology....................................................................................................................3 4.1 Cavity Tree Survey.................................................................................................... 3 4.2 Cavity Inspections..................................................................................................... 4 5.0 Survey Results.................................................................................................................. 4 5.1 Cavity Tree Survey.................................................................................................... 4 5.2 Cavity Inspections..................................................................................................... 4 6.0 Summary..........................................................................................................................5 7.0 References........................................................................................................................5 a LIST OF TABLES Page Table 1. Summary of Weather Conditions for the Cavity Tree Survey and CavityInspections.............................................................................................4 LIST OF APPENDICES Page Appendix A. Project Location Map....................................................................................A-1 Appendix B. Aerial with FLUCFCS Map.......................................................................... B-1 Appendix C. Aerial with Survey Transects and Cavity Tree Locations ............................... C-1 Appendix D. Tree Cavity Inspection Field Observation Form ............................................ D-1 Appendix E. Cavity Tree Photographs............................................................................... E-1 9 1.0 INTRODUCTION This report documents the results of the Florida bonneted bat (Eumops floridanus) cavity tree survey and cavity inspection at NC Square Mixed -Use Planned Unit Development (Project). The Project totals 24.40± acres and is located in Section 29, Township 48 South, Range 27 East, Collier County (Appendix A). The cavity tree survey was conducted on the Project site to identify potential cavity trees that may be utilized for roosting by the Florida bonneted bat. The Florida bonneted bat is listed as federally endangered by the Florida Fish and Wildlife Conservation Commission (FWCC) and endangered by the U.S. Fish and Wildlife Service (USFWS). The Project site is located within the USFWS's consultation area for the Florida bonneted bat. However, there are no known records of Florida bonneted bats occurring on -site. 2.0 SITE DESCRIPTION The site's location is at the southwest corner of the intersection of Immokalee Road and Catawba Street, approximately 6.6 miles east of Interstate 75. It is bordered by Twin Eagles, a residential golf community to the north across Immokalee Road (State Road 846); Crawford Landscape Nursery to the east and southeast; Twin Eagles South, a future residential community currently under construction, to the south and west; and a detention area that is part of the Immokalee Road stormwater management system to the west. Per the FWCC's data collection for recorded state and federal listed species, there are no known roosting sites for the Florida bonneted bat on the Project site. The property is dominated by forested habitat types with various levels of exotic vegetation infestation. Most of the site is dominated by Cypress, Disturbed and Drained (Florida Land Use, Cover and Forms Classification System (FLUCFCS) Code 6215) (i.e., 66.4 percent or 16.20± acres). The drained condition of this community is likely due to the Cocohatchee Canal to the north. The other cover types on -site include Pine, Disturbed (FLUCFCS Code 4159) (4.34± acres); Live Oak, Disturbed (FLUCFCS Code 4279) (1.28± acres); and Cabbage Palm, Disturbed (FLUCFCS Code 4289) (2.58± acres). A FLUCFCS map for the Project site is provided as Appendix B. 3.0 BIOLOGY OF THE FLORIDA BONNETED BAT 3.1 Description With an average wingspan of 490 to 530 millimeters (19.3 to 20.9 inches) and an average length of 130 to 165 millimeters (5.1 to 6.5 inches), the Florida bonneted bat is the largest species of bat found in Florida. They are members of the Molossidae family, commonly referred to as free -tailed bats. As the name suggests, Molossids, including Florida bonneted bats, have tails that extend well beyond their short tail membrane. Also similar to other free -tailed bats, the Florida bonneted bat has small eyes; large upper lips; and long, narrow wings (Marks and Marks 2006). Their fur is short and glossy with sharply bicolored hairs with a white base (Timm and Genoways 2004). Their fur ranges from dark gray to brownish gray or cinnamon brown on its dorsal side, with lighter, grayish fur underneath. The Florida bonneted bat is characterized by its large size and its large, broad ears that slant forward over the eyes and join together along the midline of the head. Their big ears protrude over their head like a bonnet, giving them their name (Marks and Marks 2006). 3.2 Range The current range of the Florida bonneted bat is known to include both the east and the west coast of Southern Florida (excluding the Keys) and includes Charlotte, Collier, Lee, Miami -Dade, Okeechobee, and Polk Counties. In addition, bonneted bat calls were recorded in two locations in the Kissimmee River area, which may effectively move the range of this species northward by approximately 50 miles (Marks and Marks 2008a and USFWS 2014). They have historically been found in only a few areas, including the Miami area in 1936; Coral Gables, Coconut Grove, and Miami in the 1950s; Punta Gorda in 1979; Fakahatchee Strand in 2000; and North Fort Myers in 2003 (Marks and Marks 2006). Recent locations where bonneted bats have been recorded include 12 locations documented during acoustic surveys conducted between 2006 and 2008 in Coral Gables (Granada Golf Course) and Homestead in Miami -Dade County; North Fort Myers in Lee County; Babcock Ranch in Charlotte and Lee Counties; Babcock/Webb in Charlotte and Lee Counties; Kicco Wildlife Management Area in Polk County; Kissimmee River Public Use Area in Okeechobee County; Naples in Collier County; Everglades City in Collier County; Fakahatchee Preserve in Collier County; Big Cypress National Preserve in Collier County; and Picayune Strand State Forest in Collier County (Marks and Marks 2008b and USFWS 2014). Additional surveys conducted in 2010 through 2012 identified additional bonneted bat locations within the Miami area and areas of Everglades National Park and Big Cypress National Preserve (USFWS 2014). 3.3 Habitat Habitat for the Florida bonneted bat consists mainly of foraging areas and roosting sites, including some artificial structures in both urban and forested areas (USFWS 2014). They are known to roost in rock crevices, tree cavities, buildings, and bat boxes (Marks and Marks 2008b). South Florida bonneted bats roost primarily in trees and in manmade artificial structures, with roost availability indicated as an important limiting factor (USFWS 2014). Foraging habitat includes areas over open fresh water such as ponds, streams, and wetlands; and they will drink when flying over open water (USFWS 2014). They will also forage over treetops and other open areas such as golf courses (Marks and Marks 2006). During the dry season, the bonneted bat becomes more dependent upon the remaining open water habitats such as ponds, streams, and wetland areas for foraging activities (USFWS 2014). 3.4 Life History and Ecology Molossids are found primarily in the tropical and subtropical regions of the world, but some species also occur in warmer portions of temperate regions. At one time the Florida 2 bonneted bat was known as Wagner's mastiff bat (Eumops glaucinus) and was considered a single species with an extensive range (Marks and Marks 2006). In 1971, the Florida population was recognized as a separate subspecies, Eumops glaucinus floridanus (Koopman 1971). Evidence published in 2004 demonstrated that, in fact, the Florida population is a distinct species; and it was subsequently reclassified as Eumops floridanus (Timm and Genoways 2004). Very little information is known about the ecology of the Florida bonneted bat. They are colonial and appear to roost in groups of approximately 8 to 12 individuals. Findings from two colonies suggest that Florida bonneted bats may roost in a harem consisting of one male and a group of females. Females give birth to a single pup, but are believed to have two birthing seasons per year. It has been speculated that one birthing period may occur in June and July, and a second in late summer. It is unknown whether or not females produce an offspring during both birthing periods. Pregnant females have been found between June and September. Mating behavior, gestation period, and information about weaning of the young is also unknown (Marks and Marks 2006). All molossids are insectivorous, and the guano from one Florida bonneted bat roost included the remains of insects from several orders including beetles, flies, and true bugs. The Florida bonneted bat emerges from its roost approximately 40 minutes after sunset, which is later in the evening than most other Florida bat species. They are high, fast flyers and have been observed flying at 30 feet or higher, foraging above treetops and over open areas as noted above (Marks and Marks 2006). The Florida bonneted bat uses echolocation to navigate, as well as to locate and capture prey. Echolocation is used by bats to determine how far away an object is, its size, shape, texture, whether it is approaching or receding, and how fast it is moving. There are five main types of bat calls: commute calls, social calls, search calls, approach calls, and feeding buzzes. Search calls are given when a bat is looking for prey and are the type of call typically used for species identification. The Florida bonneted bat is the only bat in Florida that issues search calls in the 10 to 16 kilohertz (kHz) range (with an occasional extended call range from 16 to 25 kHz), making them easy to distinguish from the other Florida bat species (personal communication with George and Cynthia Marks). 4.0 METHODOLOGY 4.1 Cavity Tree Survey The cavity tree survey was conducted by qualified ecologists walking transects through the Project site to ensure that sufficient visual coverage of potential cavity trees was obtained. Surveys were conducted with the aid of binoculars. All habitats on the Project site were inspected for cavity trees. Living and dead slash pine (Pious elliottii), cabbage palm (Sabal palmetto), and bald cypress (Taxodium distichum) trees were inspected on all four sides for cavities. Cavity 9 trees were flagged in the field and their locations were recorded with a handheld Global Positioning System (GPS). 4.2 Cavity Inspections Cavities identified during the cavity tree survey were inspected by use of a "TreeTop Peeper Video Inspection System" manufactured by Sandpiper Technologies, Inc. (www.sandpipertech.com). The inspection system consists of a wireless color video cavity camera with a light source and a video monitor. The camera is mounted on top of a 50-foot telescopic fiberglass pole with the video monitor mounted to the base of the pole. During the cavity inspection, video of the inside of the cavity is sent wirelessly to the monitor. This system was developed for inspecting red -cockaded woodpecker (Picoides borealis) cavities and is suitable for inspecting cavities for Florida bonneted bats and other cavity dwelling animals. 5.0 SURVEY RESULTS 5.1 Cavity Tree Survey The cavity tree survey was conducted on April 18, 2019. Weather conditions during the survey are depicted in Table 1. Table 1. Summary of Weather Conditions for the Cavity Tree Survey and Cavity Inspections Day Temperature (degrees Fahrenheit) Wind Cloud Cover April 18, 2019 Mid to Upper 80s 0-5 mph S Sunny with 60 percent cloud cover A total of ten cavity trees were identified during the survey with a total of 20 cavities. All cavities were in bald cypress trees. The approximate locations of the identified cavity trees are depicted on Appendix C. No Florida bonneted bats were documented during the cavity tree survey. 5.2 Cavity Inspections Inspections of the cavities identified during the cavity tree survey were conducted on April 18, 2019. Weather conditions during the cavity tree inspections are depicted in Table 1. Each cavity was inspected during daytime hours with the aid of a TreeTop Peeper Video Inspection System. One red -bellied woodpecker (Melanerpes carolinus) was observed exiting Cavity Tree No. 1 from a cypress snag. The cavity inspection field observation form is included as Appendix D. Photographs of the cavity trees are attached as Appendix E. No Florida bonneted bats were documented during the cavity inspections. El 6.0 SUMMARY The cavity tree survey was conducted on April 18, 2019 to identify and inspect potential cavity trees that may be utilized for roosting by the Florida bonneted bat. A total of 20 cavities in ten cavity trees were identified. No Florida bonneted bats were documented during the cavity tree survey and subsequent cavity inspections. 7.0 REFERENCES Koopman, K.F. 1971. The systematic and historical status of the Florida Eumops (Chiroptera: Molossidae). The American Novitates. 2478: 1-6. Marks, C.S. and G.E. Marks. 2006. Bats of Florida. University Press of Florida, Gainesville, Florida. Marks, G.E. and C.S. Marks. 2008a. Status of the Florida bonneted bat (Eumops fZoridanus). Supplemental report. Submitted by the Florida Bat Conservancy under grant agreement number 401815G 192. Florida Bat Conservancy. Bay Pines, Florida. Marks, G.E. and C.S. Marks. 2008b. Status of the Florida bonneted bat (Eumops fZoridanus). Final report. Submitted by the Florida Bat Conservancy under grant agreement number 401815G 192. Florida Bat Conservancy. Bay Pines, Florida. Timm, R.M., and H.H. Genoways. 2004. The Florida bonneted bat, Eumops fZoridanus (Chiroptera: Molossidae): distribution, morphometrics, systematics, and ecology. Journal of Mammalogy. 85: 852-865. U.S. Fish and Wildlife Service. 2014. Biological Opinion for Golf Club of the Everglades. Service CPA Code 2014-CPA-0037. South Florida Ecological Services Office, Vero Beach, Florida. E APPENDIX A PROJECT LOCATION MAP Lt: i HARRELL AVE I is ^�•`IN #B O,N I-TA}B?E AC H,R D�S.E k S S! - EXIT_ �.ro �'::',•.'i' `: "��*'' U �'"::�\, .�.)•�� p;M :R.D T'.U3Cq- BURN": t - YL- ., SHADY HOLLOW.BLVD� O 4 O 41 ST A1.E 39TWAVE NW 3AV r�„•....-.3 �. .. -. �. 77.H-.E NV. w" Y �— n 35T,H.AV.E NW � 'i F'i._.�-. + . k. t ' y�- .QU.ARRY DR§i 33RD.AV.E NW 03 � z �o f k� �.4,; �O f F z= .:. ._ O.x - .. :t i '0I`•`d•E'caam } m ' } 5 w' J E, N W k.{ .'12 - - '• , \NEAG `i.. f 125THP 6 k,Y r ,ram -• '- _ IMMOKA'L-EE-RD L 247H AVE NW - -..r, } z, EXIT "AUTUMN-OA'KS.LN �, fI �.`. O x m`1 ry � M1-,.22ND AVE•NW Y '.nm '� r} � HIDDEN OA4(S LN �4N<,, NIT' - '�- -:.;' :' i 4 .k i; �p.. Qa ?� l k c?'` Yg1NESp o' m, A ,*.o �, :`:207H-AVE NW , .,F.�+;!."r' OOR TO O .,5.0 '. I o `' SPANISHOAKS -L-N-•a'-b,i c�"R";Co) . iYS -�'�ter- -' i 3TH AV E N W':., .�:o GOLDEN�OAKS-LN- ATR +'• • • ---JUNG'BLVD W- i �mb O9� m 6THAVE;NW..- � P}_. �' •.'���\'-Jm- r'� KERIISLAND YR.D STANDIN`GOAKSLN M. .Zyys-LN4TH AVE-NW�,=' - ppSHAD YOAIfS LNc.�.3SHAD ' •' \,' .w.:. p- y'�� * � 'WOLFE RD. �{' ".. . N.' � -'12TH AVENW.-� ' Y-BUR-OAKS LN, 4' Tr . \ O pr Mk w-,10TH.AVE NW ...ENGLISH-OAKS:LNAm.k VIL ^+*- A'L^V--VANDERBIL-T•BEALH�RD z -z ZAGE'V`I /I- curl,7.k t gg€.+r :�_r- ..'��,� :'1�.p.9klhci gOR..B=CHERRY-WOOD R-�-- -7THAVENW- ��z _ ✓. '`pFR.•if.' o ., .. .ram - 'F •=r x: x o. .STHAVE'NW. PROJECTAPPENDIX A. • • a APPENDIX B AERIAL WITH FLUCFCS MAP APPENDIX C AERIAL WITH SURVEY TRANSECTS AND CAVITY TREE LOCATIONS SCALE: V 200' - _max r r �.ewa-.s�R s•� 4IN .. +v ' `dr 1'�i .,., • ` ' �'v�. fir, ' ' � -' •. ' Yy�, TWIN ;. �. ' r "a. CT-10 ? r r.: • CT-2 A y? 1 'SOUTH ACT-9.r P%L ' *� 7 ak CT-8 _ CT"3 •CT-7 • CT-5. • N. • �CT-6 CAVITY TREE NUMBER c • ND • APPROXIMATE LOCATION TWIN EAGILES ' TRANSECTS ` SOUTH" 41 t ' AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGH THE • - -COLLIER COUNTYPROPERTY 44 S V PROPERTY BOUNDARY PER DAVIDSON ENGINEERING APPENDIX D TREE CAVITY INSPECTION FIELD OBSERVATION FORM NC SQUARE MPUD FLORIDA BONNETED BAT TREE CAVITY INSPECTION FIELD OBSERVATIONS Date: April 18, 2019 Start Time of Survey: 0900 Weather Conditions: Sunny sky with scattered clouds (60% cloud cover), winds south at 0-5 mph, and temperatures in the mid-80s End Time of Survey: 1545 Weather Conditions: Sunny sky with scattered clouds (60% cloud cover), winds south-southeast at 11 mph, and temperatures in the upper 80s Observer(s): Ramsey Fisher, Mike Myers Station Tree Species Direction Height Notes (Degrees) CT-6 Taxodium distichum 90 28 feet 8 inches Empty CT-5 Taxodium distichum 60 32 feet 8 inches Empty CT-1 Taxodium distichum snag 120 34 feet (approx.) Red -bellied woodpecker in cavity. CT-2 Taxodium distichum 220 55 feet (approx.) Cavity too high in tree to inspect. A 300 31 feet 9 inches Empty CT-7 Taxodium distichum B 300 30 feet 8 inches Empty C 320 28 feet 5 inches Empty CT-4 Taxodium distichum A 270 33 feet 2 inches Empty B 270 30 feet 7 inches Empty CT-3 Taxodium distichum 80 35 inches Empty A 350 46 feet 4 inches Empty CT-9 Taxodium distichum B 330 43 feet 1 inch Empty C 350 41 feet 3 inch Empty D 350 38 feet 7 inches Empty CT-8 Taxodium distichum A 185 33 feet 2 inches Empty B 185 31 feet 2 inches Empty A 30 33 feet 3 inches Empty CT-10 Taxodium distichum B 30 31 feet 8 inches Empty C 90 30 feet 1 inch Empty D 90 29 feet 3 inches Empty Passarella & Associates, Inc. 1 of 1 #15TFL2408 04/18/19 APPENDIX E CAVITY TREE PHOTOGRAPHS Alm", AVITY ji w 4.4 JA viii CAVITY;i..� AVITY C.;�' i r.. eel I 4/18A9 1.4 r 1 r� �ru �►r �`•" 4 _ tf 7 1 W CA' er ■ 74 . IN } �� � \ y a � �] VA Ow -jm v Ak A PHASE I CULTURAL RESOURCE ASSESSMENT OF THE IMMOKALEE SQUARE PARCEL COLLIER COUNTY, FLORIDA Robert S. Carr, M.S. Alan M. Noe, B.A. John Beriault, B.A. ARCHAEOLOGICAL AND HISTORICAL CONSERVANCY, INC. 4800 SW 64th Avenue, Suite 107 Davie, Florida 33314 archlgcl@belIsouth.net (954) 792-9776 For: PASSARELLA ASSOCIATES, INC. AHC PROJECT NO. 2018.194 AHC TECHNICAL REPORT NO. 1207 DECEMBER 2018 �, yusro�c 2 �Y TABLE OF CONTENTS List of Figures Consultant Summary Project Setting Previous Research Cultural Summary Methodology Summary of Site: 8CR1502 Results and Recommendations References Cited Appendix I: Survey Log Sheet Appendix II: Florida Site Form: 8CR1502 ii 1 3 9 16 26 30 33 34 44 48 LIST OF FIGURES 1. USGS map of the Immokalee Square parcel area 2 2. 1943 Copeland map showing project parcel 4 3. 1963 black and white aerial photograph showing project parcel 5 4. 1995 black and white aerial photograph showing project parcel 6 5. 2017 color aerial photograph showing project parcel 7 6. Field photo of hammock, HPZ-1 8 7. Field photo from hammock, looking at cabbage palm and cypress 8 8. USGS map showing all previously recorded sites within one mile of the project parcel 15 9. 1963 black and white aerial photograph showing high- and medium - probability zones 28 10. 2017 color aerial photograph showing shovel test locations 29 11. 2017 color aerial photograph 8CR1502 showing shovel test locations 31 12. Sample of faunal bone 32 13. Sample of sand tempered plain ceramics 32 CONSULTANT SUMMARY In December, 2018, the Archaeological and Historical Conservancy, Inc. (AHC) conducted a Phase I cultural resource assessment for Passarella and Associates, Inc. of the Immokalee Square parcel located south of County Road 846 (Immokalee Road) in northeastern Collier County. The 24.71-acre parcel was surveyed to assess sites of archaeological and/or historical significance. This cultural resource assessment was conducted to fulfill historic resource requirements in response to Florida Statutes, Chapters 267 and 373, and in accordance with Section 106 of the National Historic Preservation Act of 1966 (Public Law 89-665), as amended in 1992, and 36 C.F.R., Part 800: Protection of Historic Properties. The work and the report conform to the specifications set forth in Chapter IA-46, Florida Administrative Code. The project parcel encompasses part of Section 29 in Township 48S, Range 27E (Figure 1). In 2018 the parcel encompassed uncleared woodland (Figure 3). The project area is vegetated in hydric and mesic woodland, a single hardwood oak hammock, and a cypress slough that traverses part of the south and eastern part of the parcel. One high -probability zone (HPZ), a mesic oak hammock, and one medium -probability zone (MPZ) was identified. Both features were initially identified on aerial photographs and were subsequently ground-truthed and tested at 25 and 50m intervals respectively. In addition to judgmental and systematic testing of the HPZ and MPZ, additional shovel tests were dug along five transects within the low probability zones (LPZ). A total of 41 shovel tests (50 cm2) were dug across the parcel, of which, seven were positive for cultural material, resulting in the documentation of one archaeological site, Immokalee Square 1, 8CR1502. Based on available data, there is insufficient information to determine whether site 8CR1502 meets eligibility criteria for listing on the National Register of Historic Places (NRHP). Additional testing would be necessary to make that determination. The consultant recommends avoidance of the site, or if avoidance is not feasible, phase II archaeological testing should be conducted to determine NRHP eligibility. Additionally, it is recommended that all clearing within 100 feet of the site should be subject to monitoring by an archaeologist. PROJEC PARCEL • 4k AW- � • s .,rr. .111r Il .w. - ��14• �iY- ..yy.. _'�' +Wr ,�.-- may` I I . • '.W. • a o � - s 8 � � '. 41k . • I L -+lu- -W II • • • . Ab- .•Yr -�W- I� •��-ac it v=s-ssav i I if �• Il t -46 46, .. W 4*4 kv- -ram. s .rr- A.- -a*- - Figure 1. USGS Map of the Immokalee Square parcel ,4- i L- TOWNSHIP 48S, RANGE 27E, SECTION 29 USGS Map: CORKSCREW SW, REV. 1987 0 750 1500 3000 Feet approx. 0 270 450 900 Meters approx. 2 PROJECT SETTING The project parcel is located in Section 29 in Township 48S, Range 27E immediately south of County Road 846 (Immokalee Road) in northeastern Collier County (Figure 1) about 12 miles east of the coastline. The 24.71-acre project area is a "L" shaped polygon with sides more or less oriented to the cardinal points. The project parcel is bordered by County Road 846 on the north and on the other sides by cleared fields, residences, and undeveloped woodland. The relevant USGS map is Corkscrew SW. The parcel encompasses pine woods, an oak hammock and cypress sloughs. The parcel is low-lying to moderately elevated (10-15 feet above sea level). Historically, much of this area was southern slash pine/saw palmetto flatwoods and low pond cypress forests, linear cypress sloughs, and cypress dome/ponds. In the area are numerous emerging cabbage palm hammock "islands" covering several hundred acres, part of what was historically called the Curry Island system. Bird Rookery Slough drained to the north and west of the project parcel. A review of vintage aerial photographs indicates few cultural impacts. The soils present on the subject parcel are: Riviera fine sand, limestone substratum and Oldsmar fine sand. Gray and tan sands found extensively in the district usually overlie relict marine deposits of shelly marl and marly limestone caprock that are part of Pleistocene formations. Many of these formations are linked to the Caloosahatchee/Fort Thompson/Coffee Mill Hammock series. Marine marls contain lenses and deposits of clay intermixed with varying percentages of sand. These clays may have been a source for ceramic manufacture by the Formative period Native Americans. Mantling the Pleistocene sands are windblown deposits of gray sands of varying depths. Areas of the parcel contain tan and gray sand surfacial zones overlying a dense brown sand spodic horizon (often referred to as "hardpan"). This formation is a zone of organic leaching accumulation. 3 4 + .� Lit cr , 10 PROJEC PARCEL , k ? t' a a i 4 T-Y r f 32 s � Figure 2. 1943 D. Graham Copeland map of a portion of Township 485, Range 27E with the modern parcel boundaries superimposed. 0 750 1500 3000 Feet approx. N 0 270 450 900 Meters approx. t Figure 3. 1963 black and white aerial photograph of the Immokalee Square parcel. 0 50 100 200 Meters 0 164 328 656 Feet N' Figure 4. 1995 black and white aerial photograph of the Immokalee Square parcel. 0 50 100 200 Meters 0 164 328 656 Feet N PREVIOUS RESEARCH Southwest Florida has been a focus of archaeological investigations since the 1880s, although much of the early work was directed toward the recovery of museum quality artifacts rather than understanding cultural processes. Griffin (1988:48-50) discussed some of the very early references to archaeological sites in South Florida. He noted that these early reports were mostly casual observations, and few appear to refer to southwest Florida, but rather refer to the southeast and Key West areas. Kenworthy's (1883) informal report on shell mounds and ancient canals was one of the first reports on southwest Florida archaeological sites. At about the same time as Kenworthy's investigations, Simons (1884) gave a narrative account of some of the very large coastal shell middens, and Douglass (1885) provided further information about prehistoric canals (although he did not accept that they were prehistoric). One account described a canal near Gordon's Pass that is probably the Naples Canal (8CR59), and another further north may be the Pineland Canal. Douglass' diaries record excavations of a post -contact era site (8CR41) on Horrs Island, as evidenced by the presence of European artifacts (Griffin 1988:50-51). Douglass visited Lostman's River and other areas in the Ten Thousand Island area including Horrs Island (1890). In 1895 Durnford reported that cordage and other artifacts were recovered from a mangrove muck pond on Marco Island (8CR49). The material was shown to Cushing, who mounted a major project to recover more material from the site. Cushing (1897) reported recovering wood and other perishable artifacts from the muck pond on Marco Island, adjacent to a large shell works and midden village site. Publication of illustrations of the spectacular finds generated a great deal of subsequent interest. Wells M. Sawyer, a young artist accompanying the expedition, produced an excellent and presumably accurate contour map for the entire Key Marco Shell Midden. This map is valuable to present-day efforts in understanding many of the now obliterated features and interpreting (reconstructing) the "architecture" of the shell midden. Widmer (1983) notes that Cushing also focused attention on the nonagricultural chiefdom level of social organization supported by the rich estuary and marine resources, although his anthropological observations have remained overshadowed by the wealth of artifacts. Moore (1900, 1905, 1907) investigated several sites along the Collier/Lee County coast, apparently attempting to find material comparable to Cushing's finds. Although Moore provided information about site locations and general contents, most of his work was extremely crude and uncontrolled, by both contemporary archaeological standards, and by modern standards. The first attempt to systematically survey and investigate archaeological sites was initiated by Ales Hrdlicka, who visited a number of sites along the coast and tidal mangrove estuaries in 1918, focusing on the Ten Thousand Island region (Hrdlicka 1922). Hrdlicka noted that southwest Florida was a distinct region within south Florida and made an attempt to type sites by function. �7 Matthew Stirling's (1931, 1933) excavation of a burial mound on Horrs Island represents one of the first controlled excavations in Collier/Lee Counties (although he attempted stratigraphic control, Cushing had little success in his wet site excavation). The site was named the Blue Hill Mound, but it is not recorded under that name in the FMSF (either as a primary or secondary name), so it is unclear exactly which site he excavated, although it was probably site 8CR41 (McMichaels 1982). These reports by Stirling are preliminary, and apparently neither a final report nor a skeletal analysis has been published. John M. Goggin was the first to define a south Florida cultural area (Glades Area), and describe south Florida ceramics (Glades ware), establishing a basis for later archaeological work. He published an analysis of the ceramic sequence in south Florida (Goggin 1939, 1940). In later reports (Goggin 1947, 1949a, 1949b), he formulated a basic framework of cultural areas and chronologies that is still current (although modifications with additional data have been made, see further discussion below). Goggin (1949b) summarized much of this information in an unpublished manuscript, which Griffin (1988) thoroughly described. In passing, one unfortunate aspect of Goggin's work was a dependence on informant information for location of sites (especially interior sites) and he had a real concern that existing sites would be looted. This concern resulted in his either deliberately or incidentally reporting vague locational data for many sites. Some of these sites have never been satisfactorily relocated, although a few have undoubtedly been re -recorded by later investigators. For several decades, much of the subsequent archaeological investigations in the region took place in Lee and Charlotte Counties, especially in the Cape Haze, Charlotte Harbor and Pine Island areas. It is rumored that Goggin had a "gentleman's agreement" with many of the other leading practicing Florida archaeologists of the time that the South Florida area was his exclusive province to investigate. If this rumor is correct, it might explain the neglect shown the southwest Florida area in the archaeological arena from the end of World War II to Goggin's death in 1964. In 1956, Sears reported on a large village and mound complex at the mouth of Turner River on Chokoloskee Bay south of Marco Island, and in 1967 he reported on the results of a survey of the Cape Coral area (Sears 1956, 1957). Laxson (1966) reported on excavations at Turner River Jungle Garden site, which is upriver from the Turner River site, although these have been confused in recent accounts. Van Beck and Van Beck (1965) excavated three small test pits on Marco Island (at the Marco midden, 8CR48) associated with the Cushing site (8CR49). The resulting publication of this work was some of the first reported scientific archaeological work to come from the southwest Florida area in nearly twenty years (Van Beck and Van Beck, 1965). In 1967 through 1969, Marco Island was extensively surveyed and a few sites were tested through excavation by Cockrell, Morrell, and others (Morrell 1969). No complete site 10 report was ever published, although an unpublished and incomplete manuscript is available. Some of these sites were discussed in Cockrell's master's thesis (1970). Widmer performed a survey of Big Key, John Stevens Creek, Barfield Bay, Blue Hill Bay, and Collier Bay, which are proximal to Marco Island (Widmer 1974). Widmer eventually utilized his southwest coast experience to write a doctoral dissertation on the Calusa that not only remains the definitive work on that group, but also explored the relationship between subsistence adaptation and cultural evolution (Widmer, 1983). In Lee County, Arlene Fradkin and other investigators from the University of Florida began an ongoing involvement with the Pine Island Sound/Sanibel Island area in the 1970s. Her first investigations were at the Wightman site on northern Sanibel Island (Fradkin 1976). Several archaeologists excavated at Horrs Island in the 1980s. McMichaels (1982) reviewed sites on Horrs Island in a Master's thesis. In 1983, Marquardt began a series of investigations at Josslyn Key, Useppa Island, Pineland, Buck Key, Galt Island in Lee County, and at Big Mound Key in Charlotte County (Marquardt 1984, 1987, 1988, 1992). Marquardt and Russo have investigated Horrs Island in Collier County. A number of the large shell midden village sites they excavated appear to be late Archaic, and they expect to document a more elaborate social organization at these sites and larger sedentary or semi -sedentary population sizes than previously known for that period (Russo 1990, and pers. comm.). Most of these studies focused on the coastal sites, as have subsequent summaries and discussions. Recent work on the interior has made significant advances in documenting the extent and intensity of inland resources, especially in the Big Cypress and Everglades parks (Ehrenhard et al. 1978, 1979; Ehrenhard and Taylor 1980; Ehrenhard et al. 1980; Taylor and Komara 1983; Taylor, 1984, 1985). Griffin's (1988) synthesis of the Everglades Park data is the defining work on south Florida archaeology to date. Athens (1983) summarized some of the results of the Big Cypress survey, but more analysis of this data resource is needed. Beriault and colleagues (1981) reported on salvage excavations at Bay West Nursery (8CR200). The site includes a rarely documented Middle Archaic use of ponds for cemeteries. In 1995, Widmer and Story began an investigations at the Key Marco Midden (Widmer 1996). In the first season they excavated with the help of graduate students and volunteers. The results of their work have appeared in the Florida Anthropologist. In the last two decades the pressure of development as well as a recognized need for preservation or mitigation of prehistoric sites has led to a number of reports by commercial cultural resource management consultants. While most of these reports are limited in scope due to restriction to a small tract of land, many have produced useful summaries of regional archaeological, as well as insightful analysis of the relationship between site types and location and ecotypes (Almy and Deming 1982, 1986a, 1986b, 11 1986c, 1987, Austin 1987, Carr and Allerton 1988a, 1988b, Deming and Almy 1987, 1988, Fay and Carr 1990, Fuhrmeister et al. 1990, Martinez 1977, Miller and Fryman 1978, Swift and Carr 1989). Arthur W. Lee, John Beriault and others in the Southwest Florida Archaeological Society (SWFAS) have recorded and investigated a large number of archaeological sites in Collier and Lee Counties. It is an ongoing effort of the Society to publish and disseminate reports and manuscripts (Lee et al. 1993, 1997, 1998, Beriault 1973, 1982, 1986, 1987, Beriault and Strader 1984). Many of these reports deal with small interior seasonal sites. In addition, Beriault has provided several unpublished manuscripts as to site types and areas (Beriault 1972 1987). PREVIOUS RESEARCH — IMMOKALEE ROAD AREA In January to May 1980 the Southwest Florida Archaeological Society (SWFAS) conducted salvage work at the Bay West Mortuary Pond Site (8CR200) which is located about three miles from the subject parcel. In 1989, SWFAS conducted controlled test excavations at the Mulberry Midden (8CR697) located six miles west of the subject parcel. The Archaeological and Historical Conservancy has documented numerous sites near Immokalee Road. These sites include Eagles Nest during a Phase I and a Phase II survey in 1994 (Carr, Steele, and Davis 1994a and 1994b). Nine prehistoric sites, including four likely burial mounds were discovered and surveyed. In 1998 and 1999 AHC found two sites south of this grouping and located a suspected seasonal campsite, the Persea Hope Site (8CR797), 4.5 miles north of the road corridor. Other work done within one mile of the project parcel includes general historic and archaeological surveys and inventories (Florida Preservation Services 1986), individual parcels (Carr and Davis 1994; Almy 1997; Archaeological Consultants 2005; Carty 2005; Altes 2006; Beriault 2005, 2006, 2013a, 2013b; Archaeological and Historical Conservancy 2018), Utility and Road Surveys and Improvements (Beriault 2001, 2004, 2013c; Janus Research 2005), and cell tower placements (Sims 2005a, 2005b). LITERATURE REVIEW A search was requested on 11/21/18 with the Florida Division of Historic Resources for archives and literature associated with the project area. This included site forms and cultural resource assessment reports from the Master Site File in Tallahassee of previously recorded archaeological sites and surveys within the project parcel and within one mile of the parcel (Table 1). 12 Table 1. Literature Review Summary Previously Recorded Archaeological Sites: 14 Within Project Parcel 0 Within One Mile of Project Parcel 14 Previous Assessments: 12 Within Project Parcel 0 Within One Mile of Project Parcel 12 A review of Florida site files determined that fourteen previously recorded archaeological sites occur within the project or within a mile of the project (Table 2). Table 2. Previously Recorded Sites Summary' Site No. Site Name Site Type References 8CR755 Piper #1 Prehistoric Midden Carr and Davis 1994 8CR759 Carr and Davis 1994 8CR760 Carr and Davis 1994 8CR761 Carr and Davis 1994 8CR763 Carr and Davis 1994 8CR830 Beriault 2006 8CR831 Beriault 2006 8CR832 Beriault 2006 8CR833 Beriault 2006 8CR834 Beriault 2006 8CR835 Beriault 2006 8CR836 Beriault 2006 8CR841 Beriault 2006 8CR1097 Beriault 2006 Note: 'Based standing structures and feet. Piper #5 Piper #6 Piper #7 Piper #9 Twinberry Colyott Centipede Camphorwood Grove Psychotria Coppice Great Circles Godwin Site East Midden on sites within or within on Prehistoric Midden Prehistoric Midden Prehistoric Midden Prehistoric Midden Prehistoric Midden Prehistoric Midden Prehistoric Midden/human burials Prehistoric Midden Prehistoric Midden Prehistoric Midden Possible earthwork Prehistoric Midden Prehistoric Midden e mile of the project parcel, In Survey Parcel Resource Grot Outside of Parcel X X X X X X X X X X X X X X ips within 500 A review of the state report files indicated that eleven cultural resource assessments were previously conducted within one mile of The Immokalee Road South/Twin Eagles project parcel (Table 3). 13 Table 3. Previous Cultural Resource Assessments' Author Title In Parcel Out of No. ParcelDate Parcel 1108 1986 Florida Preservation Historical/Architectural Survey of Collier X Services County, Florida Carr, Robert S. and A Phase 11 Archaeological Survey and 3948 1994 Davis, Joe Assessment of the Piper Parcel, Collier County, X Florida An Archaeological Survey of the County Road 6608 2001 Beriault, John G. 846 (Immokalee Road) Expansion, Collier X Boulevard (CR 951) to Oil Well Road (CR 855), Collier County, Florida Cultural Resource Assessment Survey of the 11274 2005 Janus Research, Inc. FPL Collier -Orange River #3 230 KV X Transmission Line: Segment E, Collier County, Florida 12096 2005 Archaeological Cultural Resource Assessment Survey Living X Consultants Word Family Church, Collier County, Florida A Phase I Archaeological Survey of the 12105 2005 Beriault, John G. Vanderbilt Beach Road (CR 862) Extension X Area, Collier County, Florida A Phase I Archaeological Assessment of the 13344 2006 Altes, Christopher Collier County Public Schools Elementary L X Parcel, Collier County, Florida A Phase One Archaeological Assessment of 14204 2004 Beriault, John G. the North Collier County Regional Water X Treatment Plant Fast Track Water Supply Wellfield, Collier County, Florida A Phase I Archaeological Assessment of the 17294 2006 Beriault, John G. Immokalee Road South Parcel, Collier County, X Florida A Cultural Resource Assessment of the Golf Club of the Everglades Parcel, Collier County, 20465 2013 Beriault, John G. Florida X A Reconnaissance Cultural Resource 20106 2013 Beriault, John G. Assessment of the Olde Florida Golf Club X Parcel, Collier County, Florida An Archaeological Assessment of the Twin 25316 2018 Archaeological and Historical Conservancy Eagles South aka Immokalee Road South X Parcel, Collier County, Florida Note: 'Based on assessments within one mile of the project parcel. 14 47 _ I BCR763 1w • I 0 8CR76r _, ;� f, I r I J�• ---Ii `.. 8CR759 fw� - BCR830 O O 8C R831 - - - 8CR832 O O 8CR1097— • _ BCR834- -�8CR033- _ BCR835 C. — - n• -- ........... . Figure 8. USGS map of the Immokalee Square parcel area showing all previously recorded archaeological sites within one mile of the project parcel. 0 = PREVIOUSLY -RECORDED ARCHAEOLOGICAL SITE 0 1500 3000 6000 Feet approx. N 0 450 900 1800 Meters approx. 15 CULTURAL SUMMARY Stirling was the first to distinguish the indigenous prehistoric cultures of southern Florida in 1936 by defining a Glades cultural area, including all of south Florida (Carr et al. 1994b:9; Milanich 1994:5-6). Griffin (1988) pointed out that this was not formulated as a strict cultural area, but it was rather a geographic region with some common cultural traits. Kroeber (1939), in a review of North American prehistory, utilized a slightly different term, the "South Florida Area," basing his definition on both environmental and cultural factors. Subsequently Goggin delineated more particular boundaries for southern Florida and divided the region into three sub -areas: "Okeechobee" around Lake Okeechobee, "Tekesta" for southeast Florida and the Florida Keys, and "Calusa" for Southwest Florida (Carr et al. 1994b:10; Goggin 1947:114-127). Following Goggin's study, subsequent researchers have refined or altered the cultural distinctions attributed to southern Florida's prehistoric populations. There has been criticism that Goggin's names and definitions were based on historic accounts of the main (proto) historic groups found in the respective regions and not on the archaeological evidence of spatial, temporal, and cultural differences (Sears 1966; Griffin 1974; Carr and Beriault 1984; Griffin 1988). Griffin, in particular, questioned the distinctions. He believed that South Florida cultures varied only by local environmental conditions and ceramic exchange rates. Griffin believed the inhabitants of prehistoric southern Florida were mainly dwelling on the coast and that the interior was nearly uninhabited and under- utilized. Griffin designated the entire southern Florida region as the "Circum-Glades" area (Eck 1997:5; Griffin 1974:342-346). This new designation for the area was furthered by a widely circulated book on Florida archaeology by Milanich and Fairbanks (1980). Griffin later (1988) retreated to some extent from his earlier position as further research (particularly by Ehrenhard, Carr, Komara, and Taylor in the Big Cypress and Carr in the eastern Everglades in the 1970s and 1980s) showed abundant sites (and concomitant use and habitation) in the interior and Everglades. Carr and Beriault, in particular, have taken issue with the concept of a Circum-Glades region. Carr's research in the Big Cypress and Everglades and his subsequent analysis demonstrating variation of key cultural markers (particularly in decorated ceramics) formed the basis for this contention. There is abundant evidence for cultural (and probably political or tribal) diversity in the various areas of south Florida. Carr and Beriault particularly noted and defined differences between the lower southwest Florida coast, which they termed the "Ten Thousand Island" region, and the area to the north, which they called the "Caloosahatchee" region. This latter area they believed to be the seat of the historic Calusa chiefdomship, although previous (and some subsequent) researchers have called the entire southwest Florida from Cape Sable to the Cape Haze peninsula (and beyond) in Charlotte County "Calusa." Griffin, in his definitive 1988 synthesis on Everglades archaeology, attempted to reconcile and refine some of the conflict in the definition of south Florida prehistoric and historic culture areas. As stated by Carr and colleagues (1994b), "the issue... appears in part to be one of trying to determine the significance of regional and temporal variation, rather than whether these differences are real." There is evidence that changes through 16 time in regional political affiliations or realties makes any model not addressing this complex issue two-dimensional. The Calusa hegemony that was in place by the time of the arrival of Europeans may have begun as early as 800 AD in the Ten Thousand Island "district" or area (Griffin 1988:321; Carr et al. 1994b:12). There is currently ongoing research to further refine present thought as to cultural affiliations in south Florida. It would seem only a matter of time before new directions and emphases provide a more accurate summation of south Florida cultural affinities. Using the present models, the coastal zones of Collier County and southern Lee County contain three distinct culture areas. Indian Hill on Marco Island lies thirty miles from the projected interface by Carr and Beriault (1984) of the Caloosahatchee area (called the "the `heartland' of the Calusa," Carr et al. 1994b:12) to the north, and the Ten Thousand Islands area to the south. At a yet undefined point to the east lies the Okeechobee cultural area, but the boundary, if it is a definite, fixed one, is likely to occur in the vicinity of the Immokalee rise forty miles or more to the northeast of Indian Hill. Further work is in progress by Carr to address the issue of where the southwest boundaries of the Okeechobee culture area occur. At the same time that the south Florida archaeological cultural models have evolved over the past 60-plus years, so have the temporal markers or framework on which we base evolution of that culture. Much of this latter effort has resulted from comparisons made between the recovered artifacts from the 100-year period of scientific and nonscientific excavation and collection by the various individuals and institutions (and others) enumerated in part above. This Floridian effort must be seen against the broader background of archaeological work in eastern North America and the New World as a whole. All of these efforts have been mutually complimentary and certainly not exclusive. In south Florida, the following periods and adaptations are generally accepted. Part of this chronology involving the later or Formative period is called the Glades sequence in honor of Goggin, the greater part of whose work in defining the ceramic sequence or markers has withstood the test of time and subsequent criticism (Goggin 1939, 1947, 1949c). From Goggin's day to present, pottery variability in form, substance, and decoration has proven useful for providing time markers, at least during the archaeologically -brief (± 3500 year) period spanning the late Archaic and Formative periods that it was produced. Other artifact types and their variations have, to present, proven somewhat less reliable as absolute indicants of prehistoric age. Radiocarbon dating, a phenomena of the last 30-plus years, provides, within the standard deviation expressed in plus -or -minus years BP (before present), a relatively absolute date for a given sample and provides a yardstick to measure traits or distinctions in provenienced artifacts. Determining and adequately defining what traits we can discern against this absolute is part of the ongoing function of the regional archaeological effort. The following information is generalized and abbreviated. The dates are approximate; transitions between periods are in reality more gradual that the manner they are expressed for convenience. 17 PALEO PERIOD (14,000 - 8,500 BP) During the Paleo Period, the first Native Americans began moving into the southeastern portion of North America and Florida. Most evidence of their presence in Florida can be reliably dated to about 10,000 BP. There are no known Paleoindian sites in Collier County. Several are documented from elsewhere in south Florida, including Warm Mineral Springs and Little Salt Springs in Sarasota County (Cockrell and Murphy 1978; Clausen and Gifford 1975), Harney Flats in Hillsborough County (Daniel and Wisenbaker 1987) and the Cutler Fossil Site in Dade County (Carr 1986). During this period, the terminal Wisconsian ice age, the climate was probably less extreme, with cooler summers and warmer winters. The climate was also drier, and sea levels were lower (Carbone 1983; Allerton and Carr 1988a; Griffin 1988). One reason that possible Paleo period sites have not been discovered in Collier and Lee Counties is that the shoreline may have been as much as 100 miles further west due to lower sea levels. Drier conditions may have made the interior very inhospitable, and the shallow estuarine and littoral sites that existed were flooded by post -ice age Holocene sea rises. Any possible interior sites from the Paleo Period may be unrecognizable due to lack of diagnostic artifacts, subsequent reuse of site areas, low population density, and few permanent camps. These and other factors may help explain the absence to date of identifiable Paleo period sites in Collier and Lee Counties. On the other hand, the southwest Florida coast south of Charlotte Harbor may have been uninhabitable during this period due to an absence of key conditions for the successful hunting of large game, a trait of the Paleo period. ARCHAIC PERIOD (8,500 - 2,500 BP) The Archaic period reflects a post -Pleistocene shift in adaptation marked by an increase in the seasonal exploitation of a broad spectrum of food resources, a more restricted use of territory due to regional specialization, and more semi -sedentary habitation sites. No ceramics are known until the Late Archaic. During the Archaic, regional specializations became more marked, not only with material culture but also with distinct local utilization of local plant and animal resources. As mentioned above, there is, as yet, no firm evidence of human presence in southwest Florida during the Paleo period. This apparently is also true for the Early Archaic (8500- 7000 BP), as there is evidence of an environment too and to support scrub oak, and the presence of shifting wind formed dunes (Watts 1975; Widmer 1983). No early Archaic sites are known from southwest Florida (Allerton and Carr 1988:14). By about 6500 BP mesic conditions began to spread, although localized xeric conditions continued (and still exist in some areas) through south Florida. Middle Archaic sites dating from this time are rare, although the Bay West Nursery site (8CR200) in Collier 18 County and the Ryder Pond site (8LL1850) in Lee County near Bonita Springs provide evidence of occupation, as do several sites in southeast Florida. The Bay West site is a Middle Archaic cypress pond cemetery, associated with a lithic scatter. The Ryder Pond site is a similar mortuary pond site surrounded by pine flatwoods (Carr and Heinz 1996). Beriault has also recorded several aceramic shell scatters in coastal sand hills (paleo dunes), some of which may date to the Middle Archaic. Griffin (1988) summarizes evidence indicating that despite the rise of available surface water, brackish estuaries and other major modern landscape features had not formed, and population (or repopulation) was still sparse. During the Archaic period sea levels began to rise at a fairly rapid rate, estimated at 8.3 cm. per 100 years 6000-3000 BP, and 3.5 cm per 100 years afterwards (Scholl et al. 1969), although whether sea levels were steadily rising or oscillating is still unclear (see Griffin 1988; Allerton and Carr 1990 for recent reviews of the literature). Data is somewhat difficult to sort out as sea level rise was accompanied by both shore regression and transgression in places. As conditions became wetter (and warmer) in the interior, cypress swamps and hardwood sub -tropical forests established themselves by about 5000 BP (Carbone 1983; Delcourt and Delcourt 1981). By late Middle or early Late Archaic times (4000 years BP) there were significant shell mounds and middens on Horrs Island, Marco Island, and elsewhere in the coastal regions, suggesting that the estuary system had been established and was being utilized to provide the subsistence basis for denser populations and semi -sedentary settlements (Morrell, 1969; Cockrell, 1970). At Useppa Island in Lee County, excavations have provided radiocarbon dates from pre -ceramic shell middens ranging between roughly 4900 BP and 5600 BP, suggesting that the Middle Archaic as well as Late Archaic periods saw a growing dependence on shellfish resources (Milanich et al. 1984). There are aceramic coastal sand hill and interior wetland sites as well, but these have not been demonstrated to be Archaic despite some investigators equating aceramic with preceramic. Radiocarbon dates for these sites would clarify this point. Allerton and Carr (1988) noted that a number of stratified sites in the wet mangrove and marsh areas of the Everglades, as well as on Horrs Island, contain Archaic preceramic horizons, although it is unclear if aceramic was equated with preceramic. Additional supporting evidence of interior use by Archaic peoples will provide a new dimension to the archaeological understanding of Archaic resource utilization. Allerton and Carr point out that if the wet tree islands were initially used by Archaic people, then at least some of the hardwood hammocks in swamp environments were raised in elevation (with subsequent changes in vegetation) due to human activities. Post -Archaic people extensively utilized these hammocks and continued to advance their development as distinct geomorphic features. This is obviously an area where additional archaeological investigations have a potential to contribute to understanding the interaction of geomorphic and cultural evolution in southwest Florida. Toward the end of the Archaic there was the introduction of fiber -tempered pottery into the archaeological record, often used as a marker of the Orange Phase, commencing at about 4000 BP, either coincident with or soon after the development of the extensive 19 shell middens. The Late Archaic Orange Phase subsistence strategy is characterized by intensive use of shellfish and marine resources, as well as being marked by an accelerated trend toward regional specializations. A number of the large shell middens on Marco Island (Cockrell 1970), Horrs Island (Russo n.d.), Cape Haze (Bullen and Bullen 1956), and elsewhere date from this period or earlier, as they contain fiber -tempered ceramics, although there are known aceramic (preceramic?) levels below the Orange Phase deposits that may date to the Middle Archaic. These shell middens are usually capped by deposits from later occupations as well. FORMATIVE STAGE OR GLADES PERIODS (2500 BP - 500 BP) The Formative or Glades adaptation, based on hunting, fishing, and the harvesting of shellfish and plants, was similar to the Archaic, but was characterized by increasing specializations in gathering strategies and tool-making. Earlier writers have typed this hunter -gatherer society as primitive or "low-level" (Kroeber 1939). However, there is certainly evidence ftom the specialization of tools, from the beautifully -executed wood carvings from Key Marco in Collier County and those from Fort Center near Lake Okeechobee (Cushing 1897; Sears 1982), and from the historic accounts of the Calusa hegemony, that the south Florida area had an advanced culture that Goggin (1964) has called a "stratified non -agrarian society." The preceding Late Archaic late Orange phase (also known as the transitional phase) was marked by changes in pottery, and terminated with the relatively rapid replacement of fiber -tempered pottery with sand -tempered, limestone -tempered, and chalky "temperless" pottery. It was also characterized by changes in ceramic style and often by reduction in the size of stone projectile points. The Formative Stage (beginning about 2500 BP) is divided in south Florida into the Glades Periods sequence. Subsistence adaptation is marked by a narrowing spectrum of resource use, as well as continued trends toward regional diversity and ecological specializations, marked in part by the proliferation of inland resource extraction encampments. Formative Period cultural evolution eventually led to increased political sophistication, perhaps initially of modest dimensions, but culminating in broad regional political alliances and regulation of materials and goods (i.e. resources) between the coast and inland areas (Milanich and Fairbanks 1980). By protohistoric and contact times the Calusa were the dominant tribal group, gaining broad political influence and at least partial control over much of south Florida as far north as central Brevard County. Historically, the main Calusa village has been regarded as "Calos" on Mound Key in Estero Bay in Lee County, although 50 to 70 large villages were under direct Calusa control by contact times (Griffin 1988). During the Formative Periods, village sites grew to the proportions of large multi -use complexes, particularly along the coast and barrier islands of southwest Florida. Some of 20 the projected intra-site functions of the elements of these complex shellworks were as temples, canals, causeways, temple and platform mounds, courtyards and watercourts. Current research involving the excavating of large contiguous areas of these shell mound complexes is beginning to establish demonstrable uses for the features of these large sites, upon which heretofore were merely speculated (Widmer 1996). Tidal estuary rivers and inland hammocks along deep water sloughs, marshes, and permanent ponds were seasonally visited for extraction of natural resources, and are now marked by small to relatively large black dirt middens, some of which may have been semi -permanent hamlets. The pine and cypress flatwoods appear to have supported few sites, although areas around Lake Trafford and other rich interior areas developed substantial sites, including sand mounds, and may be more similar to the Okeechobee cultural area than to the coastal cultures. In 1992, Dickel and Carr excavated a Deptford Period burial mound (the Oak Knoll Site) in the Bonita Bay Tract north of the Imperial River. Exotic trade items and seventy or more human burials were among the material findings. The resulting conclusions and subsequent surveying and testing of the Bonita Bay Shell works (8LL717) suggest social stratification and complexity may extend further back into the past than the Formative period (Dickel and Carr 1992). Coastal sites (shell middens) reflect a predominate dependence on fish and shellfish, wild plant foods and products, and larger inland game. The inland sites show a greater reliance on interior resources, including large, medium and small mammals, turtle, small freshwater fish, alligator, snake, frogs, and, sometimes, freshwater shellfish. Interior and coastal resource exchange can be documented by the consistent finds of moderate amounts of marine shell in many interior middens, as well as interior resources in coastal middens. The Formative Stage (with a nod to Goggin) has been often termed the Glades cultural tradition. Much of this "tradition" is focused on decorated ceramics, the minority in the archaeological record, although the majority of recovered (rim) sherds are plainware. However, despite this, pottery (and its decorations) is usually utilized as the major temporal marker(s) for fitting sites into a temporal framework. Changes in pottery do not represent mere changes in artistic motifs, but reflect inter- and intra-regional trade contacts and outside cultural influences (possibly through exogamy, shifting of populations, and even the through evolution of a culture through time). Whatever the influences, the Glades tradition is continuous from post -Archaic times to contact times. Despite the fact that exogamy is likely to have been practiced, traders or other specialists probably moved between major cultural areas in small numbers, and genetic flow probably accompanied cultural exchange, although perhaps not on the same scale. This may have increased in later times due to use of traditional obligations of kinship and intermarriage to stabilize alliances that were not codified into a formal legal system. The following table has been modified from several sources, but it is predominantly based on Milanich and Fairbanks (1980), Griffin (1988), and Allerton and Carr (1990). 21 Dates have been rounded somewhat and translated to Before Present (BP). There are some differences of opinion in the dates, particularly about the timing of the Glades Ia and lb division. Table 1: Glades Cultural Sequence Glades Ia (2500 BP - 1500 BP) First appearance of sand tempered plain pottery, but little else to mark a difference and the preceding Late Archaic. Sand tempered plain remains a predominate type throughout the Glades sequence. Glades lb (1500 BP - 1250 BP) First appearance of decorated sand -tempered ceramic (Ft. Drum Incised, Ft. Drum Punctated, Cane Patch Incised, Turner River Punctate), plainware common. Pottery rim grooving and incision decorations become widespread. Glades IIa (1250 BP - 1100 BP) First appearance of Key Largo Incised, Sanibel Incised, Miami Incised, and plainware is common. Distinction between ceramics of southeast and southwest Florida becomes apparent. Ten Thousand Island area distinct from Caloosahatchee area. First mound construction- increased social stratification? Population size may have approximated that at contact. Glades IIb (1100 - 1000 BP) First appearance of Matecumbe Incised; Key Largo Incised common on east coast, Gordon's Pass Incised common on the west, and plainware common throughout. Glades IIe (1000 BP - 800 BP) First appearance of Plantation Pinched, but few decorated wares with a preponderance of plainware (there is some evidence of population reduction - perhaps due to a cataclysmic event). Non -local pottery (e.g. St. Johns Plain and Check Stamped, Belle Glade Plain) appears. Glades IIIa (800 - 600 BP) First appearance of Surfside Incised, increasing quantities of St. Johns pottery (especially on East Coast), and Belle Glade pottery. Glades IIlb (600 BP - 500 BP) Glades Tooled rims appear (rare on West Coast), zoned punctate designs, but general decline in incised decoration. Belle Glade ceramics common 22 on west coast. St. Johns ware present but rare on West Coast, common on East Coast. Glades IIIc (500 BP - 300 BP) Continuation of IIIb ceramics, with pronounced flaring of rims and embossing on Glades Tooled ceramics. Mound burial construction less common with intrusive burials into existing mounds, appearance of European goods, plainware common. By European contact times (the first half of the 16th century), the southwest coast of Florida was maintaining a vigorous, possibly expanding political chiefdom with a broad network of alliances, as well as a rich and ancient cultural tradition without an agricultural base. However, direct conflict with Europeans and, more importantly, exposure to European diseases led to the rapid decline of the Calusa. By the mid 1700s their numbers had greatly diminished. The remnants of this once -powerful tribe may have left south Florida in the 1760s with the Spanish for relocation in Cuba. Others may have become indistinguishable from Spanish Cuban fishermen who worked the great fishing "ranchos" in the Pine Island Sound region catching and salting fish for export to Cuba. Other groups of Native Americans may have fused with the Creek -derived Seminoles. In the late 1700s, members of the Creek tribe were forced into Florida from Georgia and Alabama. They were later called Seminoles, from the Spanish term "cimmarones." Pressures from colonial (and later) white encroachment on their traditional territories forced them into the Big Cypress and Everglades area by the 1830s. By this time, most of the cultural identity of pre -contact times had been lost, although some of the Calusa subsistence strategies may have been partly adopted by Seminoles. SEMINOLE ARCHAEOLOGY A number of Seminole period sites have been documented on prehistoric middens. This reflects the paucity of high land in the Big Cypress and Everglades (Ehrenhard et al. 1978, 1979, 1980; Ehrenhard and Taylor 1980; Taylor and Komara 1983; Taylor 1984, 1985). Seminole periods in south Florida are divided into I (1820-1860), II (1860-1900) and III (1900-1940) (Ehrenhard et al. 1978). Post-1940 Seminole camps are designated "Late Seminole" in some reports. These designations reflect the different stages of Seminole migration into south Florida, Seminole displacement and active conflict with the expanding American culture, and the eventual refuge by Seminole remnants in Big Cypress and Everglades regions. Military records, and, in particular, several sketch maps by military personnel done in the 1830s and 1840s and the Ives military map of South Florida (1856) shows evidence of investigations at and near "Malco Inlet," "Casimba," "Good Land," and "Cape Romans." 23 The advent of the Second and Third Seminole Wars (1834-38, 1855-58) disrupted the peaceful settlement of the Southwest Florida region. There were a number of forts, "temporary" and permanent, established along the Caloosahatchee River during this time. Fort Dulaney was established at Punta Rassa near the mouth of the Caloosahatchee in 1837 and was occupied intermittently through 1841, and again in 1855. After a hurricane destroyed Ft. Dulaney in 1841, Fort Harvie was established upriver. The name of this fort was changed in 1850 by its commander General Twiggs to honor his new son-in-law, Col. Abraham Myers. Fort Myers was thus created, and became the chief fort of the region. From this central administrative point, a line of forts was established up the Caloosahatchee River. They were: Fort Denaud, Fort Adams, Fort Thompson, and Fort Center on Fisheating Creek leading into Lake Okeechobee. Other forts and "temporary depots" were established south into the Big Cypress Swamp such as Fort Simon Drum, Temporary Depot Number One, Fort Doane, Fort Simmons, Fort Keis, Fort Foster, Fort Shackleford, and others. A number of military expeditions were sent south along the coast during the Second and Third Seminole Wars with the objectives of interdicting trade in guns and ammunition between the Seminoles and the Spanish -Cuban fishing community, and hunting and capturing Indians. General Thomas Lawson, who had just been appointed Surgeon General of the United States, commanded one of the early notable expeditions. Lawson's expedition left Fort Harvie (Fort Myers) in February 1838. Elements of Lawson's command explored the area in and around the Caxambas Point area, discovering two abandoned Indian villages in the Blackwater River/Palm Bay area. Other expeditions bivouacked at Cape Romano and Caxambas Point. Colonel Rogers, of the ill-fated Parkhill expedition, wrote several dispatches from Cape Romano in the Caxambas area in 1858, describing the ambush of Captain Parkhill's party at the headwaters of Turner River. The Collier County Museum is the repository for a collection of military artifacts purportedly found by a local collector near Indian Hill in the early 1960s. This material may have originated with one of the various military expeditions stopping at Caxambas Point. IMMOKALEE ROAD AREA HISTORY The area near the road corridor began to be developed by the early 1950s. With the completion of work on Immokalee Road (CR846) by 1957, the area was opened to development, some of it agricultural (in the form of large cleared vegetable fields) and some as cattle range. Much of the ranching was done by local families such as the Pipers, Whiddens, Johnsons and Roberts. In 1962, Palm River Estates was created eight miles northwest of the subject parcel, followed in 1966 by Willoughby Acres. By the 1970s other area developments followed, including upscale communities such as Quail Creek. County Road 951 was constructed by 1964 and was linked in part with the development of the northern Golden Gate Estates area, a huge grid of over 984 miles of paved roads. An elevated pad for the maintenance of equipment was placed at what would later become the intersection of Vanderbilt Beach Road (CR 862) and CR 951. By the late 1980s Golden Gate Estates east of CR 951 would become a rural community of 24 several thousand homes established on 2.5 to 5-acre lots. In 1992, the Olde Florida Country Club was established, followed by other community golf courses such as Vanderbilt Pines and Calusa Grove. The Vanderbilt Beach Road extension, CR 862, was completed circa 1986. Large developments such as Village Walk, The Vineyards, and Island Walk were begun by the mid 1990s. The entire area of the Immokalee Road corridor is currently in a state of rapid growth. 25 METHODOLOGY Prior to conducting fieldwork in the project parcel, relevant archives and literature were reviewed. This included, but was not limited to, studying previous archaeological reports for sites in Collier County, reviewing information from the Master Site File in Tallahassee concerning nearby sites, and examining USGS maps of the project area. Also, black and white and color aerial photographs from the project area, which could aid in revealing anthropogenic changes to the topography and floral communities and vegetative communities associated with archaeological sites, were interpreted. RESEARCH DESIGN This Phase I archaeological assessment of the Immokalee Square Parcel incorporated the use of certain predictive archaeological site models. These models are based on topographic and vegetative attributes that are associated with prehistoric and historic sites in northeastern Collier County. These models postulate that live oak/tropical hardwood hammocks in close proximity to deep wetlands, ponds, marshes or sloughs are high probability areas for prehistoric archaeological sites (Carr 2002; Schwadron 2006). The elevational information on the USGS Corkscrew SW map for the area also was used. Based on the interpretation of vintage and recent aerial photographs and observations made during ground-truthing, two medium to high probability zones (MPZ/HPZ) were identified on the parcel. FIELD WORK The project parcel was assessed by pedestrian survey and subsurface testing. The high - probability zone was tested systematically on a 25 meter grid. The medium -probability zone was tested systematically along one transect on the western edge of the slough, at 50m intervals. The remainder of the parcel was considered low -probability and was tested on five north -south transects at 100m intervals. A total of six transects was tested on the parcel to sample the low probability and medium probability zones (LPZ/MPZ) (Figures 7, 8). Because the hammock is relatively small, positive shovel tests were delineated outwardly from the 25m grid at 5m intervals, with two negative shovel tests established. A total of 41 shovel tests (50 cm2) was dug across the parcel to an average of 1 meter in depth where possible. All excavated material was screened through a 1/4" mesh and any material of archaeological significance collected was sent to AHC in Davie for cleaning, analysis, and conservation. COLLECTIONS All collected material was transferred to the AHC lab in Davie where it was washed, sorted, and catalogued. 26 INFORMANTS The field biologists from Passarella and Associates were the principal informants familiar with the subject parcel. They had previously identified an oak hammock on the parcel. 27 HPZ-1 Figure 9. 1963 black and white aerial photograph showing high probability and medium probability zones. 0 50 100 200 Meters 0 164 328 656 Feet N m 29 SUMMARY OF SITE Site Name: Site Number: Location: Environmental Setting: Site Type: Site Function: Immokalee Square 1 8CR1502 Township 48S, Range 27E, Section 29 Oak hammock; live oaks, cabbage palms, ferns, wild coffee. Black earth midden Habitation / resource procurement Description: The site is a midden characterized by a bedrock "unconformity" in the form of an elevated island, as much as 60-70cm higher than the surrounding elevation. The site is about 30m north by south and 20m east to west (Figure 11). The stratigraphy within the hammock followed a typical pattern of a grey sand near the surface and transitioning to a darker brown sand before encountering compacted marl and water, both at approximately 70cmbs. Within the positive tests, the cultural horizon was near the surface and contained within the dark grey sand. Cultural material diminished at depth and the midden transitioned to a sterile light grey sand at—40cmbs. The greatest assemblage of artifacts was recovered from ST-9 located just south of center of the hammock. Material sharply decreased 5 meters to the south and west. The midden did continue 5 meters to the east but again sharply declined by l0m east of ST-9 (ST-16). A relatively light amount of cultural material was recovered from ST-3 and 5 compared to ST-9. Chronology: Prehistoric: Glades Period Collections: STP ceramics (N=38); faunal bone Preservation Quality: Very good Significance: Based on available data there is insufficient information to determine eligibility for listing on the National Register of Historic Places. 30 T CD - •1 • • �N / ON Ln m ti0 M H • N `N N ry) N N �• N• � � t 00 • ~ � n N F l/l • N � • N N m • ~ • to �•N•� i Figure 12. Sample of faunal bone collected from ST-15. Figure 13. Sample of sand tempered plain ceramics from ST-9 32 RESULTS AND RECOMMENDATIONS This Phase I cultural resource assessment of the Immokalee Square Parcel resulted in the documentation of one newly recorded archaeological site, 8CR1502. Most of the parcel is considered low probability as it is low-lying slash pine flatwoods. Two higher probability areas were identified, including one high -probability zone (HPZ), a mesic oak hammock, and one medium -probability, the western bank of a slough. A total of 41 shovel tests were dug across the parcel, 28 in the HPZ, 3 in the MPZ, and 10 in the LPZ. Of the 31 shovel tests dug within the HPZ, seven were positive for prehistoric archaeological material. This site is a black earth midden within a mature live oak hammock (Figure 11). All other shovel test were negative for cultural material. A total of seven field specimens were collected representing cultural materials associated with individual shovel tests. Prehistoric material includes 38 sand -tempered plain ceramic sherds, and fragmentary faunal bone (including snake, fish, and deer). Based on available data, there is insufficient information to determine whether site 8CR1502 meets eligibility criteria for listing on the National Register of Historic Places (NRHP). Additional testing would be necessary to make that determination. The consultant recommends avoidance of the site and its associated hammock. If avoidance is not feasible, then phase II archaeological testing should be conducted to determine the site's NRHP eligibility. Additionally, it is recommended that all clearing within 100 feet of the site and the hammock should be subject to monitoring by an archaeologist. Although a systematic effort was made to locate other sites on the subject parcel without positive results, there is still the potential of small archaeological sites, features or artifacts occurring on the parcel. Should subsequent development reveal this, efforts should be made to protect and document these resources. In the event that human remains are discovered then the provisions of Florida State Statue 872.05, governing unmarked human burials, will apply. 33 REFERENCES CITED Archaeological Consultants, Inc. 2005 Cultural Resource Assessment Survey Living Word Family Church, Collier County, Florida. Survey #12096 on file, Division of Historic Resources, Tallahassee, Florida. Archaeological and Historical Conservancy 2018 An Archaeological Assessment of the Twin Eagles South aka Immokalee Road South Parcel, Collier County, Florida. Survey #25316 on file, Division of Historic Resources, Tallahassee, Florida. Allerton, D and RS Carr 1988 An Archaeological Survey of the Shell Big Cypress Seismic Project (DNR permit G81- 86). Manuscript on file, Archaeological and Historical Conservancy, Miami, Florida. 1990 An Archaeological and Historical Assessment of the Goodland Marina Project Tract, Collier County. Conducted for Coastal Engineering Consultants. 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Survey #20465 on file, Division of Historic Resources, Tallahassee, Florida. 35 2013b A Reconnaissance Cultural Resource Assessment of the Olde Florida Golf Club Parcel, Collier County, Florida. Survey #20106 on file, Division of Historic Resources, Tallahassee, Florida. 2013c A Phase I Cultural Resource Assessment of the Tree Farm Road and Drainage Basins, Phase 2 Parcel, Collier County, Florida. Survey #21314 on file, Division of Historic Resources, Tallahassee, Florida. Beriault, JG, RS Carr, J Stipp, R Johnson, and J Meeder 1981 The Archaeological Salvage of the Bay West Site, Collier County, Florida. In Florida Anthropologist 34(20):39-58. Beriault, JG and C Strader 1984 A Preliminary Report on Stratigraphic Excavation on Chokoloskee Island, Florida. Southwest Florida Archaeological Society, MS on file, AHC. Beriault, JG and RS Carr 1998 An Archaeological Survey of the Hunt Parcel, A Twenty Acre Tract South of the Immokalee Road in East-Central Collier County, Florida. AHC Technical Report #219. Beriault, JB, JF Mankowski, and J Crump 2005 A Phase II Archaeological Assessment of Archaeological Sites 8CR831, 8CR832, 8CR834, and 8CR836, Immokalee Road South Parcel, Collier County, Florida. Bullen, RP and AK Bullen 1956 Excavation on Cape Haze Peninsula, Florida. Contributions of the Florida State Museum. Social Sciences I, Gainesville, Florida. Carbone, VA 1983 Late Quaternary Environments in Florida and the Southeast. The Florida Anthropologist 36:3-17. Carr, RS 1986 Preliminary Report on Excavations at the Cutler Fossil Site (8DA2001) in Southern Florida. The Florida Anthropologist 39:231-232. 1989 An Archaeological and Historical Survey of Part of the Williamson Property, Collier County, Florida. Archaeological and Historical Conservancy, Miami. FMSF 2458. Carr, RS and D Allerton 1988a An Archaeological Survey of North Keewaydin Island, Collier County, Florida. Archaeological and Historical Conservancy, Miami, Florida. 36 1988b An Archaeological and Historical Assessment of the Goodland Marina Project Tract, Collier County, Florida. MS on file, Archaeological and Historical Conservancy, Miami, Florida. Carr, RS and JG Beriault 1984 Prehistoric Man In South Florida. In P.J. Gleason (editor), Environments of South Florida: Present and Past H. Coral Gables: Miami Geological Society, Florida. pp. 1-14. Carr, RS and J Davis 1994 A Phase II Archaeological Survey and Assessment of the Piper Parcel, Collier County, Florida. Survey #3948 on file, Division of Historic Resources, Tallahassee, Florida. Carr, RS, W Steele and J Davis 1994a A Phase I Archaeological and Historical Assessment of the Piper Tract, Collier County, Florida. April, 1994. 1994b A Phase II Archaeological and Historical Assessment of the Piper Tract, Collier County, Florida. June, 1994. Carty, Thomas J. 2005 An Archaeological and Historical Survey of the Caloosa Reserve Project Area in Collier County, Florida. Survey #12192 on file, Division of Historic Resources, Tallahassee, Florida. Clausen, C and J Gifford 1975 Florida spring confirmed as 10,000 year old early man site. The Florida Anthropologist 8 (3), Part 2. Cockrell, WA 1970 Glades I and Pre -Glades Settlement and Subsistence Patterns on Marco Island (Collier County, Florida). M.A. thesis of file, Florida State University, Tallahassee, Florida. Cockrell, WA and L Murphy 1978 Pleistocene Man in Florida. Archaeology of Eastern North America Vol. 6. Newark, Delaware: Eastern States Archaeological Federation. Cushing, FH 1897 Exploration of Ancient Key -Dwellers' Remains on the Gulf Coast of Florida. Proceedings of the American Philosophical Society, Philadelphia 35 (153): 1-329-448. Daniel, RI and M Wisenbaker 1987 Harney Flats. Baywood Publishing Company, Farmingdale, New York. 37 Delcourt, PA and HR Delcourt 1981 Vegetation Maps for Eastern North America: 40,000 Years B.P. to Present. In R.C. Romans (editor) Geobotany II. New York: Olenum Publishing Press. Deming, JG and M Almy 1987 A Cultural Resource Assessment Survey of the Audubon Country Club Tract in Northwest Collier County, Florida. Archaeological Consultants Inc., Sarasota, Florida. FMSF 1487. 1988 Mitigative Excavation at Selected Portions of Site Complex 8CR860 in Northwest Collier County, Florida. Archaeological Consultants Inc., Sarasota, Florida. FMSF 1813. Dickel, D and RS Carr 1992 Archaeological Investigations at Bonita Bay Properties, Phase II. Lee County, FL. AHC Technical Report #49. Douglass, AE 1885 Ancient Canals on the South-west Coast of Florida. American Antiquarian 7:227 285. 1890 Mounds in Florida. American Antiquarian 12:105-107. Durnford, CD 1895 The discovery of aboriginal netting, rope, and wood implements in a muck deposit in west Florida. American Naturalist 29: 1032-1039. Eck, CR 1997 An Archaeological Survey of the Pembroke Center Parcel DRI, Broward County, Florida. Archaeological and Historical Conservancy, Miami, Florida. AHC Technical Report #198. Ehrenhard, JE, RS Carr, and RC Taylor 1978 The Archaeological Survey of Big Cypress National Preserve: Phase I. National Park Service, Southeast Archaeological Center, Tallahassee, Florida. 1979 The Big Cypress National Preserve: Archaeological Survey Season 2. National Park Service, Southeast Archaeological Center, Tallahassee, Florida. Ehrenhard, JE and RC Taylor 1980 The Big Cypress National Preserve: Archaeological Survey Season 3. National Park Service, Southeast Archaeological Center, Tallahassee, Florida. Ehrenhard, JE, RC Taylor, and G Komara 1980 Big Cypress National Preserve Cultural Resource Inventory Season 4. National Park Service, Southeast Archaeological Center, Tallahassee, Florida. 38 Fay, P and RS Carr 1990 An Archaeological Review of Select Sites of Impact in the National Panther Refuge, Collier County, Florida. Archaeological and Historical Conservancy Technical Report #22, Miami, Florida. Florida Preservation Services 1986 Historical/Architectural Survey of Collier County, Florida. Survey #1108 on file, Division of Historic Resources, Tallahassee, Florida. Fradkin, A 1976 The Wightman Site: A Study of Prehistoric Culture and Environment on Sanibel Island, Lee County, Florida. M.A. Thesis, Department of Anthropology, University of Florida, Gainesville. Fuhrmeister, C, RJ Austin, and H Hansen 1990 Cultural Resource Assessment Survey of the Collier Tract 22 Development Site, Collier County, Florida. Piper Archaeological Research Inc. St. Petersburg, Florida. FMSF 2423. Goggin, JM 1939 A Ceramic Sequence in South Florida. New Mexico Anthropologist 3:36-40. 1940 The distribution of pottery wares in the Glades Archaeological Area of South Florida. New Mexico Anthropologist 4:22-33. 1947 A Preliminary Definition of Archaeological areas and Periods in Florida. American Antiquity 13:114-127. 1949a Cultural Occupation at Goodland Point, Florida. The Florida Anthropologist 2(3-4): 65- 91. 1949b The Archaeology of the Glades Area. Unpublished MS on file, SE Archaeological Research Center, NPS, Tallahassee, Fl. 1949c Cultural Traditions in Florida Prehistory. In J.W. Griffin (editor) The Florida Indian and his Neighbors. Winter Park, Florida: Rollins College. Goggin, JM and WC Sturtevant 1964 The Calusa: A Stratified, Nonagricultural Society (with notes on sibling marriage). In W Goodenough (editor) Explorations in Cultural Anthropology: Essays in Honor of George Peter Murdock. New York: McGraw Hill. Pp. 179-291. 39 Griffin, JW 1974 Archaeology and Environment in South Florida. In P.J. Gleason (ed.), Environments of South Florida: Present and Past IT Coral Gables: Miami Geological Society, pp 342- 346. 1988 The Archaeology of Everglades National Park: A Synthesis. National Park Service, Southeast Archaeological Center, Tallahassee, Florida. Hrdlicka, A 1922 The Anthropology of Florida. Deland, Florida: Publications of the Florida State Historical Society 1. Janus Research, Inc. 2005 Cultural Resource Assessment Survey of the FPL Collier -Orange River #3 230 KV Transmission Line: Segment E, Collier County, Florida. Survey #11274 on file, Division of Historic Resources, Tallahassee, Florida. Kenworthy, CJ 1883 Ancient Canals in Florida. Smithsonian Institution Annual Report for 1881: 105- 109. Kroeber, AL 1939 Cultural and Natural Areas in Native North America. Berkeley: University of California Press. Laxson, DD 1966 The Turner River Jungle Gardens Site, Collier County, Florida. The Florida Anthropologist 19: 125-140. Lee, AR, JG Beriault, W Buschelman, J Belknap 1993 A Small Site - Mulberry Midden, 8CR697 - Contributes to Knowledge of the Transitional Period. The Florida Anthropologist 46:43-52. Lee, AR, JG Beriault, J Belknap, WM Buschelman, AL Snapp and JW Thompson 1997 Salvage Excavation of an Archaic Period Special -Purpose Site in Collier County. The Florida Anthropologist 50:11-24. 1988 Heineken Hammock, 8CR231: A Late Archaic Corridor Site in Collier County. Southwest Florida Archaeological Society. Naples, Florida. McMichaels, A 1982 A Cultural Resource Assessment of Horrs Island, Collier County, Florida. MA thesis, Department of Anthropology University of Florida, Gainesville. 40 Marquardt, WH 1984 The Josslyn Island Mound and its Role in the Investigation of Southwest Florida's Past. Gainesville: Florida State Museum, Department of Anthropology, Miscellaneous Project Report Series 22. 1987 The Calusa Social Formation in Protohistoric South Florida. In T.C. Patterson and C.W. Gailey (editors) Power Relations and State Formation. Washington, D.C.: Archaeology Section, American Anthropological Association, pp. 98-116. 1988 Politics and Production Among the Calusa of South Florida. In T. Ingold, D. Riches, and J. Woodburn (editors) Hunters and Gatherers 1: History, Evolution, and Social Change. London: Berg Publishers, pp. 161-188. 1992 Recent Archaeological and Paleoenvironmental Investigations in Southwest Florida. In W.H. Marquardt (editor), Culture and Environment in the Domain of the Calusa. Gainesville: Institute of Archaeology and Paleoenvironmental Studies. Monograph 1, University of Florida, pp. 9-58. Martinez, C 1977 Archaeological and Historical Survey and Assessment of the Proposed Collier County 201 Waste Water Management Facilities, Collier County, Florida. Russell & Axon Inc. and Smally, Welford & Nalven Inc. FMSF #257. Milanich, JT 1994 Archaeology of Precolumbian Florida. Gainesville: University Press of Florida. Milanich JT, J Chapman, AS Cordell, S Hale, and R Merrinan 1984 Prehistoric Development of Calusa Society in Southwest Florida: Excavation on Useppa Island. In D.D. Davis (editor) Perspectives on Gulf Coast Prehistory. Gainesville: University Presses of Florida, pp. 258-314. Milanich, JT. and CH Fairbanks 1980 Florida Archaeology. New York: Academic Press. Miller, JJ and ML Fryman 1978 An Archaeological and Historical Survey of the Collier Bay Tract, Marco Island. Cultural Resource Management Inc., Tallahassee, Florida. FMSF #3124. Moore, CB 1900 Certain Antiquities of the Florida West Coast. Journal of the Academy of Natural Science, Philadelphia 11:369-394. 1905 Miscellaneous Investigations in Florida. Journal of the Academy ofNatural Science, Philadelphia 13:299-325. 41 1907 Notes on the Ten Thousand Islands. Journal of the Academy of Natural Science, Philadelphia 13:458-470. Morrell, RL 1967 Florida site form for site 8CR107. 1969 Fiber -tempered Pottery from Southwestern Florida. Abstract of presented paper, American Anthropological Association Annual Meeting, New Orleans, on file at AHC. Russo, M 1990 Report I on Archaeological Investigations by the Florida Museum of Natural History at Horrs Island, Collier County, Florida. FMSF 2353. Scholl, DW, FC Craighead, and M Stuiver 1969 Florida Submergence Curve Revisited: Its Relation to Coastal Sedimentation Rates. Science 163: 562-564. Sears, WH 1956 The Turner River Site, Collier County, Florida. The Florida Anthropologist 9(2):47-60. 1966 Everglades National Park Archaeological Base Mapping Part I. Unpublished, FMSF MS# 1009. 1967 Archaeological Survey of the Cape Coral Area at the Mouth of the Caloosahatchee River. The Florida Anthropologist 20: 93-102. 1982 Fort Center: An Archaeological Site in the Lake Okeechobee Basin. Gainesville: University of Florida Press. Simons, MH 1884 Shell Heaps in Charlotte Harbor, Florida. Smithsonian Institution Annual Report for 1882: 794-796. Sims, Cynthia L. 2002a Cultural Resources Evaluation for the Proposed Golden Gate Boulevard Tower Location in Collier County, Florida. Survey #7255 on file, Division of Historic Resources, Tallahassee, Florida. 2002b An Archaeological and Historical Survey of the Proposed North Golden Gate Tower Location in Collier County, Florida. Survey #8286 on file, Division of Historic Resources, Tallahassee, Florida. Stirling, MW 42 1931 Mounds of the Vanished Calusa Indians of Florida. Smithsonian Institution Explorations and Field Workfor 1930: 167-172. 1933 Report of the Chief. Bureau of American Ethnology Annual Report 48:3-21. 1936 Florida Cultural Affiliations in Relation to Adjacent Areas. In Essays in Anthropology in Honor of Alfred Louis Kroeber. Berkeley: University of California Press, pp 351-357. Swift, A and RS Carr 1989 An Archaeological Survey of Caxambas Estates, Collier County, Florida. Archaeological and Historical Conservancy, Miami, FL. AHC Technical Report #13. Taylor, RC 1984 Everglades National Park Archaeological Inventory and Assessment Season 2: Interim Report. National Park Service, Southeast Archaeological Center, Tallahassee, Florida. 1985 Everglades National Park Archaeological Inventory and Assessment Season 3: Interim Report. National Park Service, Southeast Archaeological Center, Tallahassee, Florida. Taylor, RC and G Komara 1983 Big Cypress Preserve Archaeological Survey: Season 5. National Park Service, Southeast Archaeological Center, Tallahassee, Florida. Van Beck, JC and LM Van Beck 1965 The Marco Midden, Marco Island, Florida. The Florida Anthropologist 16:1-20. Widmer, RJ 1974 A Survey and Assessment of Archaeological Resources on Marco Island, Collier County, Florida. Ms on file, FMSF #265. 1983 The Evolution of the Calusa, a Non-agricultural Chiefdom on the Southwest Florida Coast. Ph.D. thesis, Pennsylvania State University, distributed by University Microfilms International, Ann Arbor, Michigan. 1996 Recent Excavations at the Key Marco Site, 8CR48, Collier County, Florida. The Florida Anthropologist 49:10-26. Williams, JL 1837 The Territory of Florida. Gainesville: University Press of Florida. 43 DE DAVIDSON E N G I N E E R I N G NC SQUARE MPUD DEVIATION JUSTIFICATIONS 1. Deviation #1 seeks to relief from LDC Section 3.05.07. A.S. "Preservation Standards," which requires that preserve areas to be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors" to instead allow two preserve areas that are not connected within the site. Justification: Preserve No. 1 (2.61# acres), located in the site's northwest corner along Immokalee Road, was established in response to a Phase 1 Cultural Resource Assessment conducted by Archaeological and Historical Conservancy, Inc. The assessment found seven positive shovel tests for cultural material in the live oak (Quercus virginiana) hammock, resulting in the documentation of one archaeological site. As a result of these findings, no development is being proposed in this area, but rather it will be preserved in perpetuity. In this instance, creating an interconnection between the northern archaeological sensitive area and the larger Preserve No. 2 (3.59t acres) to the south would be inappropriate. An interconnection with Preserve No. 1 would direct wildlife movement from the south into Immokalee Road, resulting in the potential for injury or death to the animals and a safety hazard for passing motorists. Preserve No. 2 being situated along the site's south side not only provides a more substantial buffer to Twin Eagles South, but also directly abuts the preserved wetlands on the south end of the Crawford Landscaping site. This alignment will encourage wildlife to move in more of an east/west direction, further away from major road traffic and possibly to the wildlife crossing that extends under Immokalee Road, located 0.30t mile to the northwest. Additionally, Preserve No. 2 is comprised of drained bald cypress (Taxodium distichum), and the Project design proposes to discharge pre- treated stormwater into this preserve, thereby helping to improve the hydrology in this area. This goal of improving the hydrology of Preserve No. 2 would be inconsistent with an interconnection to the upland, live oak preserve to the north (i.e., Preserve No. 1), especially during a major storm event. NC Square MPUD PUDZ-PL20180002234 Deviation Justifications August 10, 2020 DE DAVIDSON ENGINEERING -1;1-10KALEE ROAD - PRESERVE #1 NORTHERN PRESERVE fiREA {2.81 Ac.tp... - + 6215E3 I° ' ° 4 * * * * e b215EZ 4159E2 4274E2 (l..35 Ac_rj 54.34 Ac.3} * * 4 L (13B AC_4) 4 4 4 4 4 4 4 4 4 4 4.209E3 (2.5E d[.t} _ 6215E2 ' ? L (11.21 dc.±) CRAWFORD LANDSCAPING TWIN EAGLES SOUTH µ w *-- PRESERVE #2 SOUTHERN PRESERVE AREA �a69 J4 L 4 4 4 J L 4 4 4 4 4 4 L444 J J L TWIN EAGLES SOUTH NC Square MPUD PUDZ-PL20180002234 Deviation Justifications August 10, 2020 2 AGREEMENT AUTHORIZING AFFORDABLE HOUSING AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of , 2021, by and between Immokalee Square LLC (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties". RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (the "Property"). It is the Developers intent to construct a maximum of 129 residential units (the "Units") on the Property. One hundred percent (100%) of the Units will be affordable housing units. B. The Property is located within the NC Square Mixed -Use Overlay within the Agricultural/Rural Mixed -Use District of the Future Land Use Element of the Growth Management Plan (the "GMP") C. Pursuant to Collier County Ordinance No. [PUD Ordinance], the Property is zoned as the NC Square Mixed -Use Planned Unit Development (MPUD) (the "PUD") NOW, THEREFORE, in consideration of the approval and grant of the density set forth in the GMP and PUD, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. NC Square MPUD PUDZ-PL20180002234 October 29, 2020 2. Developer Agreements. The Developer hereby agrees that one hundred percent (100%) of the 129 Units will be affordable housing units as follows: a. Approximately 65 of the 129 Units shall be provided for those earning no more than one hundred forty percent (140%) of the median income of Collier County (the "Gap" income category) ("Gap Units"). Approximately 64 of the 129 Units shall be provided for those earning no more than one hundred twenty percent (120%) of the median income of Collier County (the "Moderate" income category) ("Moderate Units"). Developer shall have the option of swapping up to twenty percent (20%) of the Gap Units for additional Moderate Units or vice -versa. b. All Units will be owner -occupied, not rentals. c The Units will include townhomes and multifamily units with a variety of bedroom counts. d. The following provisions shall be applicable to all of the Units: (1) Defined terms. In the event of a conflict between terms as defined in the LDC or in Ordinance No. [PUD Ordinance], the definitions of the LDC will control when applying or interpreting this Agreement. "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples NC Square MPUD PUDZ-PL20180002234 October 29, 2020 2 Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Exhibit "B," which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Qualification Process. The Developer shall be responsible for qualifying Unit owners by accepting applications, verifying income and obtaining income certification for all affordable units in the subject development per procedures approved by the County. (a) Application. A potential Unit owner shall apply to the developer, owner, manager, or agent to qualify as a moderate or gap income family for the purpose of owning and occupying an affordable housing unit pursuant this Agreement. The Application form is Exhibit "C," attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing unit in the development shall be sold to an individual or family whose household income has not been verified and certified in accordance with this Agreement. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the Affordable Housing NC Square MPUD PUDZ-PL20180002234 October 29, 2020 3 Applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180-day period, the information may be verbally updated from the original sources for an additional thirty (30) days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form is Exhibit "D," attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for an affordable housing unit and Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as eligible to occupy an affordable housing unit. The Affordable Housing Applicant Income Certification form is attached to this Agreement as Exhibit "E." 3. Inspections. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement may be conducted by the Community and Human Services Division upon reasonable notice. 4. Annual Progress and Monitoring Report. The Developer shall provide an annual PUD Monitoring Report to the County regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to ensure compliance with this Agreement. The report shall be filed on or NC Square MPUD PUDZ-PL20180002234 October 29, 2020 before September 30 of each year and the report shall be submitted by the Developer to the Community and Human Services Division. Failure to complete and submit the monitoring report to the County within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. 5. Violations. It shall be a violation of this Agreement to sell or occupy, or attempt to sell or occupy, an affordable housing unit except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Community and Human Services Division or by any other person(s) within the County. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. 6. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement, as amended. 7. Assignment. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the NC Square MPUD PUDZ-PL20180002234 October 29, 2020 5 Property without the express written consent of the Commission. The Developer shall provide written notice to the County of the assignment to a successor in interest to the Property and shall be relieved of any further obligations under this Agreement. The written notice to the County shall include the successor's acknowledgment that it is bound by the terms of this Agreement. 8. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 9. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: To the Commission: Collier County Community and Human Services 3339 E Tamiami Trail Building H, Suite 211 Naples, Florida 34112 To the Developer: Immokalee Square LLC c/o Antonio Brown 2055 Trade Center Way Naples, FL 34109 With a copy to: Noel J. Davies, Esq. Quarles & Brady LLP 1395 Panther Lane, Suite 300 Naples, FL 34109 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. NC Square MPUD PUDZ-PL20180002234 October 29, 2020 R 10. Authority to Monitor. The Parties hereto acknowledge that the Collier County Community and Human Services Division or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until the date that is thirty (30) years from the date of issuance of the Certificate of Occupancy for each Unit in the project. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recordinq. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. The affordable housing units shall be restricted to remain and be maintained as affordable housing for a period of thirty (30) years from the date of issuance of the Certificate of Occupancy of each Unit constructed. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. NC Square MPUD PUDZ-PL20180002234 October 29, 2020 7 a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owner's race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable housing units, it must advertise, sell and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable housing unit. C. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable units. 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 100% affordable housing units for this project, with 100% of the units in each phase consisting of affordable units. 18. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing approved for the development. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 20. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and NC Square MPUD PUDZ-PL20180002234 October 29, 2020 agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of this Agreement. NC Square MPUD PUDZ-PL20180002234 October 29, 2020 9 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA , DEPUTY CLERK By: Approved as to form and legal sufficiency: , Assistant County Attorney NC Square MPUD PUDZ-PL20180002234 October 29, 2020 , CHAIRMAN 10 DEVELOPER: Witnesses: Witness Printed Name Witness Printed Name STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement Authorizing Affordable Housing And Imposing Covenants And Restrictions On Real Property was acknowledged before me by as who is personally known to me or has produced as identification. WITNESS my hand and official seal this day of 2021. My Commission Expires: NC Square MPUD PUDZ-PL20180002234 October 29, 2020 Notary Public 11 EXHIBIT A Legal Description Legal Description: (Official Records Book 5534 Page 851 Collier County, Florida) The West 1/2 of the Northeast 1/4 of the Northwest 1/4 and the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of section 29, Township 48 South, Range 27 East, less the north 100 feet thereof previously dedicated for State Highway purposes and less lands described as Parcel 139 in Order of Taking records in Official Records Book 3302, Page 3221, all within Collier County, Florida. Description: Parcel 139 Order of Taking Records in Official Records Book 3302, Page 3221, Collier County, Florida A portion of the W 1/2 of the NE 1/4 of the NW 1/4, and the NE 1/4 of the NE1/4 of the NW 1/4 of Section 29, Township 48 South, Range 27 East, Less the North 100 feet thereof, previously dedicated for State Highway purposed, Collier County, Florida. more particularly described as follows: Commence at the North 1/4 Corner of said Section 29; thence South 02°22'23" East, along the east line of the Northwest 1/4 of said Section 29, for a distance of 100.04 feet, to a point on the Southerly Right -of -Way line of State Road #846 (Immokalee Road) and the POINT OF BEGINNING of the herein described parcel; thence continuing, South 02°22'23" East, along the said East line, for a distance of 88.99 feet; thence South 86°00'23" West, for a distance of 328.55 feet; thence North 03°59'37" West, for a distance of 10.00 feet; thence South 86°00'23" West, for a distance of 342.35 feet; thence South 03°59'37" East, for a distance of 19.73 feet; thence South 86°00'23" West, for a distance of 109.24 feet; thence North 03°59'37" West, for a distance of 20.06 feet; thence South 86°00'23" West, for a distance of 505.83 feet; thence North 02°23'24" West, for a distance of 78.65 feet, along the west line of the Northeast 1/4 of the Northwest 1/4 of said Section 29; to a point on said Southerly Right -of -Way Line; thence North 86°00'23" East, along said Southerly Right -of -Way Line, for a distance of 1,286.29 feet, to the POINT OF BEGINNING, Containing 2.452 acres, more or less. Property contains 24.4 acres or 1,062,862 square feet more or less. NC Square MPUD PUDZ-PL20180002234 October 29, 2020 12 EXHIBIT B Income Categories and Limits The below chart indicates the 2020 current median income as referenced in Section 2.d.(1) of this Agreement, as well as the various income limits based on household size. An applicant would qualify to purchase a Unit provided monthly rents or monthly mortgage payments including taxes and insurance shall not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households. However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark. Collier County 2020 Income Percent Income Limit by Number of People in Household 1 2 3 4 5 Ext Low 30';.- $17,300 $19,800 $22,250 $26,200 $30,680 Very Low 50'Fb $28,850 $32,950 $37,050 $41,150 $44,450 Low SQ3, $46,100 $52,700 $59,300 $65,850 $71,150 Moderate 1200-0 $69,240 $79,080 $88,920 $98,760 $106,680 Gap 140% $80,780 $92,260 $103,740 $115,220 $124,460 Median Household Income Collier County 2020 = $82,300 NC Square MPUD PUDZ-PL20180002234 October 29, 2020 13 EXHIBIT C APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Your Name: Co -Applicant's Name_ Present Address: Street Name of Landlord _ Landlord's Address: Date of Application: Amt. Of Sec. Deposit: Race/National Origin: Handicap: Yes No Race/National Origin: Handicap: Yes No City State Zip Telephone No. How Long at this Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $ Weekly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer CO -APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: NC Square MPUD PUDZ-PL20180002234 October 29, 2020 State Zip Telephone No. Job Title Every 2 Weeks $ Monthly $ Birth Date Job Title Job Title 14 Gross Salary: Hourly $ Social Security Number Previous Employers Name Address and Telephone No. Weekly $ Every 2 Weeks $ Monthly $ Birth Date How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE 2. _ 3. PERSONAL REFERENCES (Not Relatives) 1. Name: Address: 2. Name: Address: NC Square MPUD PUDZ-PL20180002234 October 29, 2020 SOCIAL SECURITY How Long Known: How Long Known: 15 EXHIBIT D AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Co -Applicant's Name: Social Security Number Social Security Number Present Address: Street City State I hereby make application for a single family unit at _ I hereby declare and reveal all of my sources of income. Zip Telephone No. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable, workforce, or gap housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co -Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ NC Square MPUD PUDZ-PL20180002234 October 29, 2020 16 Widows Benefits $ $ $ $ Union Pension $ $ $ $ Self -Employment Business, Silent Partner, etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR OWNERSHIP OF AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT. NC Square MPUD PUDZ-PL20180002234 October 29, 2020 17 EXHIBIT E AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Address: Street I, (Applicant) on this certification form. STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) Job Title: City State Zip hereby authorize the release of information requested The foregoing was acknowledged before me by Who is personally known to me or has produced identification. Witness my hand and official seal this (notary seal) My Commission Expires: NC Square MPUD PUDZ-PL20180002234 October 29, 2020 M Signature of Applicant day of as Notary Public 2021. EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly): . Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by _ Who is personally known to me or has produced identification. Witness my hand and official seal this (notary seal) My Commission Expires: NC Square MPUD PUDZ-PL20180002234 October 29, 2020 Monthly Annually Supervisor as day of , 2021. Notary Public 19 From: SummersDan To: Jessica Harrelson; GundlachNancv Subject: FW: Emergency Preparedness Plan- updated discussion Date: Thursday, June 13, 2019 2:44:08 PM Jessica and Nancy Good afternoon: Nancy and I just spoke and based on elevation, location and this type of development effort, I see no need for an Emergency Management Plan. We have "outgrown" that requirement with our ability to communicate with resident's by various means such as AlertCollier, NOAA weather radio, and information via internet resources, etc. When the development opens we hope to be able to participate in hurricane preparedness meetings, etc., if such HOA meetings occur. Our only "minor" concern is a defensible space for wildfire which can be accomplished via berms, or other spaces, setbacks, likely already noted in other requirements. I am going to ask Nancy to mark this requirement as not applicable, due to the development size and inland location with low storm surge threat and the low probability of hurricane evacuation. If you have any questions or concerns, please let me know. Thank you. Dan Summers From: Jessica Harrelson <Jessica@davidsonengineering.com> Sent: Wednesday, June 12, 2019 7:09 AM To: SummersDan <Daniel.Summers@colliercountyfl.gov> Subject: RE: Emergency Preparedness Plan Good morning Dan, The project is currently known as the Immokalee Square MPUD (PL20180002234). Thank you for getting back to me so quickly. Jessica Harrelson, AICP Senior Planner Df�r- DAVIDSON FrwrC=INEERIr. ,ELEBRATrNG YEARS Main: 239.434.6060 0essicaadavidsonengineering.com www.davidsonengineering.com Naples, FL Sarasota, FL From: SummersDan <Daniel.Summers(@colliercount)tfl.gov> Sent: Tuesday, June 11, 2019 10:52 PM To: Jessica Harrelson <Jessica(@davidsonengineering.com> Cc: DL-Emergman <Emergman(@colliercountyfl.gov> Subject: RE: Emergency Preparedness Plan Ms. Harrelson Good Evening We are in receipt of your email. I will serve as your point of contact. I am in a training and travel status out of state this week with FEMA. Let me get with GMD Staff, as we haven't had a call to address this in some time. If convenient could you send me the PUD # and I will research further in City View remotely this week. Thank you. Dan Summers, Director Collier County Bureau of Emergency Services From: Jessica Harrelson <Jessica(d)davidsonengineering.com> Sent: Tuesday, June 11, 2019 8:17 AM To: DL-Emergman<Emergman(@colliercountyfl.gov>; DL-Emergman <Emergman(@colliercountyfl.gov> Subject: Emergency Preparedness Plan Good morning, I am working on a Planned Unit Development, for a proposed mixed -use project, within the Rural Fringe Mixed Use Overlay- Receiving Lands (see attached location map). Per provisions outlined in the County's Future Land Use Element, the Growth Management Department has requested that I develop an Emergency Preparedness Plan to be addressed in the PUD. Can you please confirm what necessary steps I need to take, to work with your office to develop this plan? Thank you. Jessica Harrelson, AICP Senior Planner DAVIDSON CFLEBRITrNC; VCt.RS Main: 239.434.6060 iessica(@davidsonengineering.com www.davidsonengineerinaxom Naples, FL Sarasota, FL Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Jessica Harrelson From: Avni, Melinda <Melinda.Avni@fdacs.gov> Sent: Tuesday, October 15, 2019 3:46 PM To: Jessica Harrelson Subject: RE: Immokalee Square WPMP (aka NC Square) Good afternoon Jessica, Of course. Per Collier County regulations, the Florida Forest Service has reviewed and approved the submitted WPMP for NC Square as meeting the required wildland fire mitigation accommodations in its vegetation, defensible space, and prescribed burning requirements. Sincerely, Forester, Wildfire Mitigation Specialist Florida Forest Service Florida Department of Agriculture and Consumer Services (239) 690-8018 (239) 690-8002 Fax Melinda.Avni@FDACS.gov Caloosahatchee Forestry Center 10941 Palm Beach Blvd. Fort Myers, FL 33905 R FIRE AdRPTE a m GOMMIJNITICi" www. FDACS.gov Please note that Florida has a broad public records law (Chapter 119, Florida Statutes). Most written communications to or from state employees are public records obtainable by the public upon request. Emails sent to me at this email address may be considered public and will only be withheld from disclosure if deemed confidential pursuant to the laws of the State of Florida. From: Jessica Harrelson <Jessica@davidsonengineering.com> Sent: October 15, 2019 11:00 To: Avni, Melinda <Melinda.Avni@fdacs.gov> Subject: Immokalee Square WPMP (aka NC Square) Good morning Melinda, At the request of Collier County Staff, can you please provide an email stating that you have reviewed and approved the WPMP for the referenced project? Thank you. Jessica Harrelson, AICP Senior Planner DAVIDSON ENGI N EEkI ICI C: IESTAW$H159) 199i Main: 239.434.6060 Jessica .davidsonengineering.com www.davidsonengineering.com DAVIDSON E N G I N E E R I N G ESTABLISHED 12.97 L- September 10, 2020 To: From: Civil Engineering • Planning • Permitting esigning xcellence MEMORANDUM Nancy Gundlach, AICP, PLA, Principal Planner/Corby Schmidt, AICP, Principal Planner Jessica Harrelson, AICP Subject: NC Square Mixed Use Overlay GMPA (PL20180002233/CP-2019-1) NC Square Mixed Use MPUD (PL20180002234) Neighborhood Information Meeting The Neighborhood Information Meeting was advertised and notices were mailed to those who may be affected by the subject applications, as required. Virtual participation to the meeting was offered to the public as an alternative to in -person attendance. The meeting was held on August 6, 2020 and there were no attendees (virtual or in -person). Jessica Harrelson, AICP Senior Planner 4365 Radio Road - Suite 201 - Naples, FL 34104 - P: (239) 434.6060 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a Planned Unit Development Rezone and Growth Management Plan Amendment, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance Jessica Harrelson, AICP State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 17th day of July , 2020 by Jessica Harrelson, AICP, who is personally known to me. (Signature of Notary Public) (Notary Seal) Tocia Hamlin Printed Name of Notary TOCIAKMAM M r W LION S OC 309W NC Square Mixed Use Overlay GMPA (PL20180002233/CP-2019-1) S.J*7.� NC Square Mixed Use MPUD (PL20180002234) y••.•••'•� NtjPtt.q Ott o PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 DAVIDSON ENGINEERING INC 4365 RADIO RD #201 NAPLES FL 34104 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared Joe Heynen who on oath says that he serves as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 7/1712020 Subscribed and sworn to before on July 17th, 2020: .� �1.l.GL_ 1'Yl VV Notary, State of WI, County of Brown TARA MONDLOCH M Notary Public State of Wisconsin My commission expires: August 6, 2021 Publication Cost: S945.00 Ad No GC10445518 Customer No: 505018 PO#: NEIGHBORHOOD INFO MEETING NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a Neighborhood Information Meeting, held by Davidson Engineering, Inc. on: Thursday, August 6th, 2020 at 5:30 p.m., in the Lecture Hall (Room 211) at New Hope Ministries located 7675 Davis Boulevard, Naples, FL 34104 The subject site is comprised of two separate parcels, collectively ±24.4-acres in size. The properties are located along Immokalee Road, at the southwest corner of Immokalee Road and Catawba Street, in Section 29, Township 48 South and Range 27 East, and are approximately ±1.6 miles west of the Wilson Boulevard/Immokalee Road intersection and ±3.4 miles east of the Collier Boulevard/ Immokalee Road intersection. Immokalee RD o m Project Location Formal applications have been submitted to Collier County seeking approval for the following: NG Square Mixed-_ se Planned Unit Development (PUDZ-PL2018 002234): To rezone ±24.4-acres from Rural Agricultural -Mobile Home Overlay -Rural Fringe Mixed Use Overlay -Receiving Lands to the NC Square Mixed -Use Planned Unit Development to permit up to 44,400 square feet of commercial uses, a 12,000 square feet day care and 129 residential units. NC Square Mixed -Use Overlay (GM-PL2018000223 ., To establish the NC Square Mixed -Use Overlay to allow mixed -use development on the subject site, permitting up to 44,400 square feet of commercial uses, a 12,000 square feet day care and 129 residential units. Business and property owners, residents and visitors are welcome to attend the presentation to discuss the project. If you are unable to attend the meeting in -person and would like the opportunity to participate virtually, an on-line Zoom meeting will be available. Reservations for in -person meeting attendance is required to ensure that the CDC guidelines for social distancing can be achieved and details related to joining the meeting via Zoom can be obtained by contacting the individual listed below. If you are unable to attend the meeting in -person or participate virtually, and have questions or comments, they can also be directed by mail, phone or e-mail to the individual below: Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Email: jessica@davidsonengineering.com 2430 CATAWBA STREET LLC BARBARA L WENDELL TRUST BELL RI HOLDINGS LLC 2360 CATAWBA ST 5444 STOW RD 2271 ROCK RD NAPLES, FL 34120--- 3821 HUDSON, OH 44236--- 4136 NAPLES, FL 34120 --- 0 CURCIO, JOHN A DAHL, THEO & MADELIENE DORIA, REY & MARY 8561 GLENLYON CT 11514 PEREGRINE CT PO BOX 8539 FT MYERS, FL 33912 --- 0 NAPLES, FL 34120--- 4332 NAPLES, FL 34101--- 8539 GONZALEZ, SALVADOR & CANDIDA GROSS, GLEN S & RHONDA L HADLEY, JOHN M & MARIE E 761 91ST AVE N 11515 PEREGRINE CT 11507 PEREGRINE CT NAPLES, FL 34108--- 2424 NAPLES, FL 34120--- 4332 NAPLES, FL 34120 --- 0 HILBERG, ROY DAVID IMMOKALEE SQUARE LLC IVANOV, FRANCES 4570 BENFIELD RD 2055 TRADE CENTER WAY 11430 GOLDEN EAGLE CT NAPLES, FL 34114--- 1211 NAPLES, FL 34109 --- 0 NAPLES, FL 34120--- 4330 JONES, ALAN R & DIANE M MARK S BELL REVOCABLE TRUST NAPLES ASSOCIATES IV LLLP 11503 PEREGRINE CT 8757 HIDEAWAY HARBOR CT 1600 SAWGRASS CORPORATE PKWY NAPLES, FL 34120--- 4332 NAPLES, FL 34120--- 4327 # 400 SUNRISE, FL 33323 --- 0 OZENDO, PIERRE L RODRIGUEZ, ROBERTO SD TWIN EAGLES LLC JOYCE Z PERE 63 MADISON DR 2639 PROFESSIONAL CIRCLE #101 11511 PEREGRINE COURT NAPLES, FL 34110--- 1322 NAPLES, FL 34119 --- 0 NAPLES, FL 34120 --- 0 SHADOW CREEK INVESTMENTS LLC SHANAHAN JR, PATRICK J SHARPE, ROGER A PO BOX 8262 MARGARET F SHANAHAN COLEEN R SHARPE NAPLES, FL 34101--- 8262 11426 GOLDEN EAGLE CT 8051 FRIENDSHIP LN NAPLES, FL 34120--- 4330 NAPLES, FL 34120--- 4854 SHAUGHNESSY JR, BERNARD J SWIGERT, ESTHER E TRACY, TIMOTHY P & SHAILEEN M MELISSA J SHAUGHNESSY 11680 IMMOKALEE RD 11422 GOLDEN EAGLE CT JAMES W JACKSON NAPLES, FL 34120--- 3867 NAPLES, FL 34120--- 4330 11418 GOLDEN EAGLE CT NAPLES, FL 34120 --- 0 TWINEAGLES HOMEOWNERS UIHLEIN TR, RICHARD A GOLDEN GATE ESTATES AREA CIVIC ASSOCIATION INC LAURALEE A UIHLEIN TR ASSOCIATION INC. 11100 BONITA BEACH ROAD SUITE 101 R A & L A UIHLEIN REV RES TR11414 PO BOX 990596 BONITA SPRINGS, FL 34135 --- 0 GOLDEN EAGLE CT NAPLES, FL 34116 NAPLES, FL 34120--- 4330 cO O I°n I,. 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The properties are located along Immokalee Road, at the southwest corner of Immokalee Road and Catawba Street, in Section 29, Township 48 South and Range 27 East, and are approximately ±1.6 miles west of the Wilson Boulevard/Immokalee Road intersection and ±3.4 miles east of the Collier Boulevard/ Immokalee Road intersection (see back for location map). Formal applications have been submitted to Collier County seeking approval for the following: NC Square Mixed -Use Planned Unit Development (PUDZ-PL20180002234): To rezone ±24.4-acres from Rural Agricultural -Mobile Home Overlay -Rural Fringe Mixed Use Overlay -Receiving Lands to the NC Square Mixed -Use Planned Unit Development to permit up to 44,400 square feet of commercial uses, a 12,000 square feet day care and 129 residential units. NC Square Mixed -Use Overlay (GMPA-PL20180002233): To establish the NC Square Mixed -Use Overlay to allow mixed -use development on the subject site, permitting up to 44,400 square feet of commercial uses, a 12,000 square feet day care and 129 residential units. Business and property owners, residents and visitors are welcome to attend the presentation to discuss the project. If you are unable to attend the meeting in -person and would like the opportunity to participate virtually, an on-line Zoom meeting will be available. Reservations for in -person meeting attendance is required to ensure that the CDC guidelines for social distancing can be achieved and details related to joining the meeting via Zoom can be obtained by contacting the individual listed below. If you are unable to attend the meeting in -person or participate virtually, and have questions or comments, they can also be directed by mail, phone or e-mail to the individual below: Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Email: jessica@davidsonengineering.com 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com DE DAVIDSON ENGINEERING lmmokalee RD z J m Project ° V} Location (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTINGNOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED JESSICA HARRELSON, AICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.000F THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER GMPA- PL20180002233/ CP-2019-1 and PUDZ-PL20180002234. SI RE OF A P ICANT OR AGENT Jessica Harrelson, AICP, Senior Planner, Davidson Engineering, Inc. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER 4365 Radio Road, Suite 201 STREET OR P.O. BOX Naples. FL 34104 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 12th day of February, 2021, by Jessica Harrelson, AICP, who is personally known to me and who did take an oath. ,�� roca►+aa.�msn . € MrsaNtoc�esn My Commission Expires: (Stamp with serial number) Signature of NotaryPublic Tocia Hamlin Rosa Printed Name of Notary Public NC Square Mixed Use Overlay- GMPA-PL20180002233/ CP-2019-1 NC Square Mixed Use PUD - PUDZ-PL20180002234 � � n rli prl � . _.mil _ .E �, • s.. ; �,• y i°}vTY 4 T9F lily" i