FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) EXCEPTIONS/EXEMPTIONS DETERMINATION

Transcription

1 FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) EXCEPTIONS/EXEMPTIONS DETERMINATION Environmental Management 06/17 Project Name: Able Canal Pathway from Harns Marsh to Joel Blvd. PD&E Study FM#: ETDM#: FAP#: A Project Review 9/7/2017 Date: FDOT District: 1 County(ies): Lee Project Description including Section 4(f) Specific Information: This project proposes to construct a new, 12-ft. wide shared-use pathway along the Able Canal in Lehigh Acres, from Harns Marsh to Joel Boulevard, for a distance of approximately 5.58 miles. The pathway will extend an additional 0.4 miles to "tie-in" to a Harns Marsh access point, located north of the Able Canal. The North Alternative, which is the Recommended Alternative, is located along the north side of the Able Canal for the entire project and is completely situated within Lehigh Acres Municipal Services District (LA-MSID) right-of-way. This alternative will be situated adjacent to the Lehigh Acres Community Park North property, and will include a small overlap where shared-use pathway will be placed on the extreme southeastern corner of the property. Type of Property: Public Parks and Recreation Areas Description of Property: Lehigh Acres Community Park North is approximately 20 acres and is owned and maintained by Lee County. The primary function of this park is a recreational park facility, and amenities include ball fields, tennis courts, picnic pavilions, a pool, playground, exercise stations, and other recreational support infrastructure. Establishing Section 4(f) Exception Eligibility (from 23 CFR ): The facts of the case must match the circumstances as described below: Restoration, rehabilitation or maintenance of transportation facilities that are on or eligible for the National Register when: (1) The Administration [FDOT] concludes, as a result of the consultation under 36 CFR 800.5, that such work will not adversely affect the historic qualities of the facility that caused it to be on or eligible for the National Register, and (2) The OWJ over the Section 4(f) resource have not objected to the FDOT conclusion. Archaeological sites that are on or eligible for the National Register when: (1) The Administration [FDOT] concludes that the archaeological resource is important chiefly because of what can be learned by data recovery and has minimal value for preservation in place. This exception applies both to situations where data recovery is undertaken and where the Administration [FDOT] decides, with agreement of the OWJ, not to recover the resource; and (2) The OWJ over the Section 4(f) resource have been consulted and have not objected to the Administration [FDOT] finding. DRAFT Designations of park and recreation lands, wildlife and waterfowl refuges, and historic sites that are made, or determinations of significance that are changed, late in the development of a proposed action. With the exception of the treatment of archaeological resources in 774.9(e) discovered during construction, the Administration [FDOT] may permit a project to proceed without consideration under Section 4(f) if the property interest in the Section 4(f) land was acquired for transportation purposes prior to the designation or change in the determination of significance, and if an adequate effort was made to identify properties protected by Section 4(f) prior to acquisition. However, if it is reasonably foreseeable that a property would qualify as eligible for the National Register prior to the start of construction, then the property should be treated as a historic site and does not qualify for the Section 4(f) exception. In applying this exception the analyst must consider whether: (1) The property acquisition was completed prior to the designation or the change in the determination of significance. (2) The Cultural Resources Assessment Survey (CRAS) report was considered complete and sufficient at the time of its submittal. (3) The CRAS report identified the property in question as a resource that would require re-examination or that would become significant prior to construction. (4) The property in question is an archaeological site important primarily for the information it contains.

2 FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) EXCEPTIONS/EXEMPTIONS DETERMINATION Environmental Management 06/17 Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f). The following conditions must be satisfied: (1) Duration must be temporary, i.e., less than the time needed for construction of the project, and there should be no change in ownership of the land; (2) Scope of the work must be minor, i.e., both the nature and the magnitude of the changes to the Section 4(f) property are minimal; (3) There are no anticipated permanent adverse physical impacts, nor will there be interference with the protected activities, features, or attributes of the property, on either a temporary or permanent basis; (4) The land being used must be fully restored, i.e., the property must be returned to a condition which is at least as good as that which existed prior to the project; and (5) There must be documented agreement of the OWJ over the Section 4(f) resource regarding the above conditions. Park road or parkway projects under 23 U.S.C. 204 which is the Federal Lands Access Program, providing access to transportation facilities located on or adjacent to, or provide access to Federal Lands. Certain trails, paths, bikeways, and sidewalks, in the following circumstances: (1) Trail-related projects funded under the Recreational Trails Program, 23 U.S.C. 206(h)(2); (2) National Historic Trails and the Continental Divide National Scenic Trail, designated under the National Trails System Act, 16 U.S.C , with the exception of those trail segments that are historic sites as defined in 23 CFR , such as any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in the NRHP. The term includes properties of traditional religious and cultural importance to an Indian tribe that are included in, or are eligible for inclusion in the NRHP. (3) Trails, paths, bikeways, and sidewalks that occupy a transportation facility right-of-way without limitation to any specific location within that right-of-way, so long as the continuity of the trail, path, bikeway, or sidewalk is maintained; and (4) Trails, paths, bikeways, and sidewalks that are part of the local transportation system and which function primarily for transportation unless they are historic. Transportation enhancement projects and mitigation activities, where: (1) The use of the Section 4(f) property is solely for the purpose of preserving or enhancing an activity, feature, or attribute that qualifies the property for Section 4(f) protection; and (2) The OWJ over the Section 4(f) resource agrees in writing to the use described in (1) of this section. DRAFT Establishing Section 4(f) Exemption Eligibility (Refer to Chapter for further information and criteria) Section 1303 of the FAST Act incorporates the ACHP Program Comment exemption for common post-1945 concrete and steel bridges and culverts into Section 4(f), eliminating review requirements for these structures under Section 4(f). This exemption applies to specific types of bridges and culverts built after 1945, including various forms of reinforced concrete slab bridges, reinforced concrete beam and girder bridges, steel multi-beam bridges or multi-girder bridges, and culverts and reinforced concrete boxes (See Section V Program Comment). (Section (23 U.S.C. 138(f)/49 U.S.C. 303(h)) exempts from Section 4(f) review the use of rail. The exemption to Section 4(f) applies regardless of whether the railroad or rail transit line, or element thereof, is listed on or is eligible for listing on the National Register of Historic Places. The exemption applies to the following resource types which might otherwise be considered abandoned or not in use: Railroad and transit lines over which service has been discontinued under the process described in 49 U.S.C ; Railroad and transit lines that have been railbanked (a voluntary agreement between a railroad company and a trail agency to use an out-of-service rail corridor as a trail until a railroad might need the corridor again for rail service as described in 16 U.S.C. 1247(d)); and Railroad and transit lines that have been otherwise reserved for the future transportation of goods or passengers.

3 FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) EXCEPTIONS/EXEMPTIONS DETERMINATION Environmental Management 06/17 23 CFR (e)(2). The interstate highway system is exempt from being treated as a historic resource under Section 4(f), unless the U.S. Secretary of Transportation determines individual elements possess national or exceptional historic significance and should receive protection. Interstate highway-related facilities in Florida determined historically significant by the Secretary of Transportation and therefore not exempt under Section 4(f) are: I-275 Bob Graham/Sunshine Skyway Bridge I-75 Alligator Alley- Milepost range I-75 Snake Wall I-95 Myrtle Avenue Overpass (23 CFR (h)) When a property formally reserved for a future transportation facility temporarily functions for park, recreation, or wildlife and waterfowl refuge purposes in the interim, the interim activity, regardless of duration, will not subject the property to Section 4(f). 23 CFR (i) When a property is formally reserved for a future transportation facility before or at the same time a park, recreation area, or wildlife and waterfowl refuge is established and concurrent or joint planning or development of the transportation facility and the Section 4(f) resource occurs, then any resulting impacts of the transportation facility will not be considered a use as defined in Examples of such concurrent or joint planning or development include, but are not limited to: Designation or donation of property for the specific purpose of such concurrent development by the entity with jurisdiction or ownership of the property for both the potential transportation facility and the Section 4(f) property; or Designation, donation, planning, or development of property by two or more governmental agencies with jurisdiction for the potential transportation facility and the Section 4(f) property, in consultation with each other. Explanation supporting the Section 4(f) property meets all of the criteria of the Exception or Exemption Title 23 CFR Section criteria is met, specifically: construction occupancy is temporary, and there is no change in land ownership; the nature and magnitude of the changes to the property are minimal; there are no anticipated permanent adverse physical impacts, nor interference with protected activities, features or attributes of the property; the land will be returned to a condition which is at least as good as which existing prior to the project; and there is agreement from the OWJ regarding the above conditions. The proposed Able Canal pathway would involve a minor overlap (approximately 1,500 square feet) with the southeast corner of the park property which is currently composed of mowed sod and a community mulch pile. The North Alternative, which is the Recommended Alternative, would include segments of trail connecting from points west and east in LA-MSID property. When complete, this project will be considered an enhancement since an additional recreational resource (Able Canal Pathway) will be provided adjacent to the park. There is no acquisition of the County-owned right-of-way, there are no proposed easements, and construction within the property will be a small component of the overall project construction and will not impede public access to, or use of, the park. The only potential change from current conditions is that the community mulch pile may need to be relocated to avoid pathway users experiencing unpleasant odors from the decomposing material. However, Lee County has indicated that there are other locations on the property that could support this mulch pile. The OWJ has been involved in the project since inception and is aware of the Recommended Alternative. DRAFT Documentation The following items must be attached to this form to ensure proper documentation of the Section 4(f) Exception/Exemption: 1. DOA form and documentation

4 FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) EXCEPTIONS/EXEMPTIONS DETERMINATION Environmental Management 06/17 2. Required communications with the OWJ (i.e. concurrence letters) for the Exception/Exemption as applicable Signatures The environmental review, consultation, and other actions required by applicable federal environmental laws for this project are being, or have been, carried out by FDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 14, 2016, and executed by FHWA and FDOT. Signature: : 11/28/2018 Preparer Date Signature: OEM Concurrence: Signature: Environmental Manager, or designee Director of OEM, or designee DRAFT Click here to enter a date. Date Click here to enter a date. Date

5 FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) DETERMINATION OF APPLICABILITY Environmental Management 06/17 Project Name: Able Canal Pathway from Harns Marsh to Joel Blvd. PD&E Study FM#: ETDM#: FAP#: A Project Review 9/7/2017 Date: FDOT District: 1 County(ies): Lee A DOA IS REQUIRED FOR EACH SECTION 4(f) PROPERTY AND PROPOSED ALTERNATIVE. Project Description including Section 4(f) Specific Information: This project proposes to construct a new, 12-ft. wide shared-use pathway along the Able Canal in Lehigh Acres, from Harns Marsh to Joel Boulevard, for a distance of approximately 5.58 miles. The pathway will extend an additional 0.4 miles to "tie-in" to a Harns Marsh access point, located north of the Able Canal. The North Alternative, which is the Recommended Alternative, is located along the north side of the Able Canal for the entire project and is completely situated within Lehigh Acres Municipal Services District (LA-MSID) right-of-way. This alternative will be situated adjacent to the Lehigh Acres Community Park North property, and will include a small overlap where shared-use pathway will be placed on the extreme southeastern corner of the property. Type of Property Check all that apply: Public Parks and Recreation Areas Wildlife and Waterfowl Refuges Historic Sites Description of Property: Lehigh Acres Community Park North is approximately 20 acres and is owned and maintained by Lee County. The primary function of this park is a recreational park facility, and amenities include ball fields, tennis courts, picnic pavilions, a pool, playground, exercise stations, and other recreational support infrastructure. Criteria of Selected Property Type(s): Public Parks and Recreation Areas o o o o Must be publicly owned which refers to ownership by local, state or federal government DRAFT Ownership can also include permanent easements and long-term lease agreements Must be open to the public during normal hours of operation The major purpose must be for park or recreation activities Must be designated or function as a significant park or recreational area. Applies to the entire park or recreation area not just a specific feature Wildlife and Waterfowl Refuge o Must be publicly owned which refers to ownership by local, state or federal government; Ownership can also include permanent easements and long-term lease agreements; o o Must be open to the public but refuges are able to restrict access for the protection of refuge habitat and species; The major purpose must be for wildlife and waterfowl refuges; o Must be designated or function as a significant as a wildlife and waterfowl refuges; - Applies to the entire wildlife and waterfowl refuges not just a specific feature

6 FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) DETERMINATION OF APPLICABILITY Environmental Management 06/17 Historic Sites- includes historic buildings, historic transportation facilities, archeological sites, traditional cultural places, historic & archeological districts and historic trails. o o Must be of national, state or local significance and it must be eligible for listing or is listed on the National Register of Historic Places (NRHP); or If a site is determined not to be eligible OEM may determine that the application of Section 4(f) is otherwise appropriate when an official (such as the Mayor, president of a local historic society) provides information to support that the historic site is of local importance. Does the identified resource meet all of the criteria for the selected property type? Identify the Official(s) with Jurisdiction (OWJ) contacted: Mr. Jesse Lavender Date correspondence sent to the OWJ: 8/1/2018 Has the Official(s) with Jurisdiction (OWJ) responded? Yes No DRAFT Yes, continue to complete the form No, STOP Section 4(f) does not apply Has the 30 day response period passed since the initial OWJ correspondence was sent? Yes No Please answer the questions below about the resource: Note: A potential source for this information can include the property management plan, resource website and/or communications with the OWJ (be sure to document these communications in writing). What is the size and location of the property (include a map of the resource)? The park comprises 20 acres and is located to the west of Williams Ave. along the north side of the Able Canal. Who/what organization owns/manages the property? Lee County Parks and Recreation What is the primary function (activities, features and attributes) within the meaning of Section 4(f) of the facility or property? The primary function of Lehigh Acres Community Park North is to serve as a recreational park facility. Recreational facilities within the park include ball fields, tennis courts, picnic pavilions, a pool, playground, exercise stations, and other recreational support infrastructure. Please describe the location of available appurtenances and facilities (e.g. tennis courts, pools, shelter houses, sports fields, beaches) on the property: A map of the park property with the recreational facilities identified is provided in the supporting documentation. What is the function of/or the available activities on the property? The function of Lehigh Acres Community Park North is to provide provide recreational and athletic opportunities to the public. Access and Usage of the property by the Public:

7 FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) DETERMINATION OF APPLICABILITY Environmental Management 06/17 The park is open to the public from dawn until dusk. Access is from Williams Avenue at West 5 th Street. Relationship to other similarly used lands/facilities in the vicinity: The closest recreational parks include: Barbara Farrell Park (also known as Williams Park Greenway), located at the eastern boundary of Lehigh Acres Community Park North; Veterans Park Recreation Center, located approximately 1.8 miles to the southeast; and Lehigh Acres Trailhead Park, located approximately 2.4 miles to the southeast. Are there any unusual characteristics of the property that either limit or enhance the value of the resource? If so please explain: There are no unusual characteristics of the property that either limit or enhance its value. Describe project activities that could potentially use the resource: Construction activities, which will be temporary in nature and of short duration, will involve placement of a small segment of shared-use pathway on the southeast corner of the parcel. Since this is a very minor and temporary disturbance on a small portion of the park property, the activity will not preclude park use, and the activity will result in a net recreational benefit, this activity is considered as an exception/exemption determination. If applicable, give a general description of the history of the Historic Site, Archaeological Site or Historic District: N/A Based on the above information the recommended level of Section 4(f) evaluation for this property is: Select the level of Section 4(f) evaluation: Exception / Exemption Reason the selected level is appropriate: The park will remain property of Lee County. There will be no acquisition of right-of-way (from Lee County to FDOT or LA-MSID) and no temporary or permanent easements will be placed over the land upon which the pathway will be constructed. Following construction, Lee County will maintain the pathway. The temporary occupancy of the land for construction is not considered to be adverse as it will be a short duration (less than the amount of time required for full pathway construction) and will not impede public access to, or use of, the park. There will be no proximity impacts which significantly impair the protected functions of the property. The nature and magnitude of the changes to the property are minimal (mowed sod and a community mulch pile to be converted to an asphalt pathway connection). The community mulch pile, which is situated in the corner of the park property, may need to be relocated to avoid pathway users experiencing unpleasant odors from the decomposing material. However, Lee County has indicated that there are other locations on the property that could support this mulch pile. Once complete, the pathway will enhance the property by providing an additional recreational resource and connection to use it. Supporting Documentation The following items must be attached to this form: 1. A map of the resource based on the guidelines in the PD&E Manual Part 2, Chapter 7, including the proposed alternative being evaluated. DRAFT 2. Statement of Significance from OWJ or FDOT s presumption of significance. 3. Determination of Eligibility or Listing in the National Register of Historic Places, Archaeological Site (include criterion of eligibility) or a Historic District if applicable.

8 FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) DETERMINATION OF APPLICABILITY Environmental Management 06/17 Signatures The environmental review, consultation, and other actions required by applicable federal environmental laws for this project are being, or have been, carried out by FDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 14, 2016, and executed by FHWA and FDOT. Signature: : 11/28/2018 Preparer Date Signature: OEM Concurrence: Signature: Environmental Manager, or designee Director of OEM, or designee DRAFT Click here to enter a date. Date Click here to enter a date. Date

9 Attachment 1 Project Location Map with Potential Section 4(f) Resources

10 HARNS MARSH HARNS MARSH ELEMENTARY & MIDDLE SCHOOLS Legend SUNSHINE BLVD N Proposed Pathway PROJECT BEGINS LEE BLVD Potential Section 4(f) Sites TOWN LAKES FLORIDA GOVERNMENTAL UTILITY AUTHORITY Miles G. WEAVER HIPPS ELEMENTARY SCHOOL W 12TH ST LEHIGH ACRES COMMUNITY PARK NORTH BARBARA FARRELL PARK ABLE CANAL PARK ¹ LEHIGH ACRES ELEMENTARY SCHOOL Cape Coral Sanibel Gulf of Mexico LEELAND HEIGHTS BLVD E Project Location Fort Myers Beach PROJECT ENDS LEE COUNTY!"#$ ¹ 75 Fort Myers Estero Bonita Springs ^_ Lehigh Acres LEHIGH ACRES TRAILHEAD PARK JOEL BLVD (CR 884) Project Location Map with Potential Section 4(f) Sites Able Canal Pathway PD&E Study Lee County FPID: ETDM: 14223

11 Attachment 2- Site Specific Map

12 Barbara Farrell Park Lehigh Acres Community Park North Amenities: 3 Baseball Fields Softball Field Football Field Practice Field 3 Pavilions 2 Tennis Courts Playground Area ENERGI Exercise Stations $! $! 2 1 $! ABL EC ANA L Legend $! 3 Existing R/W Site Photograph Locations Site Boundary (approx.) Proposed Pathway Feet Lehigh Acres Community Park North Aerial Map Ü Able Canal Pathway PD&E Study Lee County FPID: ETDM: 14223

13 Attachment 3 Site Photos

14 Photo 1 Entrance to the Park Photo 2 Tennis Courts and Play Ground Photo 3 Aerial View (Photo courtesy of

15 Attachment 4 Property Data

16 Lee County Property Appraiser - Online Parcel Inquiry Page 1 of 6 12/1/2016 Property Data STRAP: Folio ID: Owner Of Record LEE COUNTY PO BOX 398 FORT MYERS FL Site Address 1400 W 5TH ST LEHIGH ACRES FL Property Description FROM SE COR RUN N 02 DEG 23 MIN 20 SEC W ALG E LI AS DESC IN OR 1144 PG 973 Classification / DOR Code COUNTIES - OTHER / 86 [ Tax Map Viewer ] [ Pictometry Aerial Viewer ] Current Working Values Image of Structure Just 857,187 As Of 06/30/2016 Attributes Land Units Of Measure AC Units Frontage 0 Depth 0 Total Number of Buildings 2 Total Bedrooms / Fixtures 0 / 4 Total Living Area 4,058 1st Year Building on Tax Roll 1986 Historic District No Photo Date July of 2014 Property Value History Tax Year Just Market Capped Assessed Assessed Taxable , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,171,480 1,171,480 1,171, ,164,750 1,164,750 1,164, ,164,180 1,164,180 1,164, , , , , , , , , , , , , , , , , , , , , , , , ,187 0 The Just value is the total parcel assessment (less any considerations for the cost of sale). This is the closest value to Fair Market Value we produce and is dated as of January 1st of the tax year in question (F.A.C. 12D-1.002).

17 Lee County Property Appraiser - Online Parcel Inquiry Page 2 of 6 12/1/2016 The Market Assessed value is the total parcel assessment (less any considerations for the cost of sale) based upon the assessment standard. Most parcels are assessed based either upon the Highest and Best Use standard or the Present Use standard (F.S ). For Agriculturally Classified parcels (or parts thereof), only agricultural uses are considered in the assessment (F.S (6) (a)). The difference between the Highest and Best Use/Present Use and the Agricultural Use is often referred to as the Agricultural Exemption. (i.e. Market Assessed = Just - Agricultural Exemption) The Capped Assessed value is the Market Assessment after any Save Our Homes or 10% Assessment Limitation cap is applied. This assessment cap is applied to all properties and limits year-to-year assessment increases to either the Consumer Price Index or 3%, whichever is lower for Homestead properties OR 10% for non- Homestead properties. The Taxable value is the Capped Assessment after exemptions (Homestead, etc.) are applied to it. This is the value that most taxing authorities use to calculate a parcel's taxes. (i.e. Taxable = Capped Assessed - Exemptions) Exemptions Exemption Amount Wholly 857, Values (2016 Tax Roll) Property Values Attributes Just 857,187 Land Units Of Measure AC Assessed 857,187 Portability Applied 0 Cap Assessed 857,187 Taxable 0 Cap Difference 0 Units Frontage 0 Depth 0 Total Number of Buildings 2 Total Bedrooms / Fixtures 0 / 4 Total Living Area 4,058 1st Year Building on Tax Roll 1986 Historic District No LEE CO GENERAL REVENUE / 044 LEE CO ALL HAZARDS PROTECTION DIST / 101 Taxing Authorities LEHIGH ACRES FIRE & LIGHT / 048 Name / Code Category Mailing Address County Dependent District LEE COUNTY BUDGET SERVICES PO BOX 398 FORT MYERS FL LEE COUNTY BUDGET SERVICES PO BOX 398 FORT MYERS FL LEE CO LIBRARY DIST / 052 LEE CO UNINCORPORATED MSTU / 020 LEHIGH ACRES STREET LIGHTING UNIT MSTU / 055 LEE CO HYACINTH CONTROL DIST / 051 LEE CO MOSQUITO CONTROL DIST / 053 WEST COAST INLAND NAVIGATION DIST / 098 PUBLIC SCHOOL - BY LOCAL BOARD / 012 PUBLIC SCHOOL - BY STATE LAW / 013 Dependent District Dependent District Dependent District Independent District Independent District Independent District Public Schools Public Schools LEE COUNTY BUDGET SERVICES PO BOX 398 FORT MYERS FL LEE COUNTY BUDGET SERVICES PO BOX 398 FORT MYERS FL LEE COUNTY MSTU / MSBU PO BOX 398 FORT MYERS FL RUSSELL BAKER HOMESTEAD RD LEHIGH ACRES FL RUSSELL BAKER HOMESTEAD RD LEHIGH ACRES FL CHARLES W LISTOWSKI EXECUTIVE DIRECTOR 200 MIAMI AVE E VENICE FL AMI DESAMOURS BUDGET DEPARTMENT 2855 COLONIAL BLVD FORT MYERS FL 33966

18 Lee County Property Appraiser - Online Parcel Inquiry Page 3 of 6 12/1/2016 LEHIGH ACRES FIRE CONTROL & RESCUE DIST / 341 LEHIGH ACRES MUNICIPAL SERVICES IMPROVEMENT DIST / 350 SFWMD-DISTRICT-WIDE / 110 SFWMD-EVERGLADES CONSTRUCTION PROJECT / 084 SFWMD-OKEECHOBEE BASIN / 308 Voter Approved Voter Approved Water District Water District Water District AMI DESAMOURS BUDGET DEPARTMENT 2855 COLONIAL BLVD FORT MYERS FL JOHN R WAYNE, FIRE CHIEF MILLAGE CAP ATTN: SUSAN PLATAS 636 THOMAS SHERWIN AVE S LEHIGH ACRES, FL EAST COUNTY LN LEHIGH ACRES, FL MICHELLE QUIGLEY 3301 GUN CLUB RD WEST PALM BEACH, FL MICHELLE QUIGLEY 3301 GUN CLUB RD WEST PALM BEACH, FL MICHELLE QUIGLEY 3301 GUN CLUB RD WEST PALM BEACH FL Sales / Transactions Sale Price Date OR Number Type Description Vacant/Improved /01/ /973 Not Classified Building/Construction Permit Data Permit Number Permit Type Date COM Building Miscellaneous 09/29/2016 FNC Fence 04/30/2014 ROF Roof 05/12/2009 ROF Roof 03/11/2009 COM Building Miscellaneous 03/07/2008 COM Building Addition 12/03/2007 COM Commercial 12/10/2003 COM Commercial 01/03/2002 COM Commercial 01/18/2000 COM Building Miscellaneous 08/03/1999 COM Building Miscellaneous 12/01/1995 COM Building Miscellaneous 07/20/1992 COM Building Miscellaneous 11/08/1990 COM Building Miscellaneous 10/04/ Commercial 07/27/1990 COM Building Miscellaneous 07/27/ Commercial 04/16/ Commercial 07/24/1986 RES Residential 07/24/ Commercial 12/10/1985 COM Commercial 12/10/ Commercial 11/20/ Commercial 10/09/ Commercial 03/28/ Commercial 03/28/1985 IMPORTANT INFORMATION: THIS MAY NOT BE A COMPREHENSIVE OR TIMELY LISTING OF PERMITS ISSUED FOR THIS PROPERTY. Note: The Lee County Property Appraiser s Office does not issue or maintain any permit information. The Building/Construction permit data displayed here represents only those records this Office may find necessary to conduct Property Appraiser business. Use of this information is with the understanding that in no way is this to be considered a comprehensive listing of permits for this or any other parcel.

19 Lee County Property Appraiser - Online Parcel Inquiry Page 4 of 6 12/1/2016 The Date field represents the date the property appraiser received information regarding permit activity; it may or not represent the actual date of permit issuance or completion. Full, accurate, active and valid permit information for parcels can only be obtained from the appropriate permit issuing agency. Location Information Township Range Section Block Lot 44 27E 30 Municipality Latitude Longitude Lee County Unincorporated Links View Parcel on Google Maps View Parcel on GeoView View Parcel on GeoView Solid Waste (Garbage) Roll Data Solid Waste District Roll Type Category Unit / Area Tax Amount Service Area 4 C - Commercial Category C Collection Days Garbage Recycling Horticulture Wednesday Wednesday Wednesday Storm Surge Zone Flood and Storm Information Flood Insurance [ FIRM Look-up ] Evacuation Zone Community Panel Version Date C C F 8/28/2008 Appraisal Details (2016 Tax Roll) Land Land Tracts Use Code Use Code Description Depth Frontage Number of Units Unit of Measure 8600 County Owned, Offices, Library, Government Bldg Acres Land Features Description Year Added Units TENNIS COURT - CONCRETE ,960 FENCE - CHAIN LINK - 10 FOOT ,280 FENCE - CHAIN LINK - 6 FOOT ,285 FENCE - CHAIN LINK - 5 FOOT FENCE - CHAIN LINK - 4 FOOT ,030 BLACK TOP - IMPROVED ,648 BLACK TOP - IMPROVED ,840 PAVILION/COVERED PICNIC AREA PAVILION/COVERED PICNIC AREA PAVILION/COVERED PICNIC AREA PAVILION/COVERED PICNIC AREA PAVILION/COVERED PICNIC AREA PAVILION/COVERED PICNIC AREA PAVILION/COVERED PICNIC AREA

20 Lee County Property Appraiser - Online Parcel Inquiry Page 5 of 6 12/1/2016 PAVILION/COVERED PICNIC AREA Buildings Building 1 of 2 Building Characteristics Improvement Type Model Type Stories Living Units 74 - Health/Clubhouse 7 - Apt/Hotel/Clubs Bedrooms Bathrooms Year Built Effective Year Built Building Subareas Description Heated / Under Air Area (Sq Ft) BAS - BASE Y 2,840 FOP - FINISHED OPEN PORCH N 320 Building Features Description Year Added Units UTILITY - FINISHED ,280 UTILITY - FINISHED ,080 PATIO WITH ALUMINUM ROOF SHED - FRAME W/FLOOR POOL - COMMERCIAL ,900 SHED - METAL W/FLOOR Building Front Photo Building Footprint Front Ph t Photo Date: Building 2 of 2 Building Characteristics Improvement Type Model Type Stories Living Units 74 - Health/Clubhouse 7 - Apt/Hotel/Clubs Bedrooms Bathrooms Year Built Effective Year Built Building Subareas Description Heated / Under Air Area (Sq Ft) BAS - BASE Y 1,218 FOP - FINISHED OPEN PORCH N 30 Building Front Photo Building Footprint

21 Lee County Property Appraiser - Online Parcel Inquiry Page 6 of 6 12/1/2016 Photo Date: July of 2014

22 Attachment 5 - OWJ Correspondence

23 RICK SCOTT GOVERNOR August 1, 2018 Florida Department of Transportation 801 North Broadway Avenue Bartow, FL MIKE DEW SECRETARY Jesse Lavender, Director Lee County Parks & Recreation 3410 Palm Beach Boulevard Fort Myers, FL Subject: Lehigh Acres Community Park North and Lehigh Acres Trailhead Park Able Canal Pathway Project Development and Environment (PD&E) Study From Harns Marsh to Joel Boulevard (CR 884) Financial Project ID: Efficient Transportation Decision Making No Dear Mr. Lavender, The Florida Department of Transportation (FDOT) is conducting a Project Development and Environment (PD&E) Study to determine the engineering and environmental effects of the proposed shared-use pathway along the Able Canal from Harns Marsh to Joel Boulevard in Lehigh Acres, Florida, as displayed in the enclosed project location map. The Lehigh Acres Community Park North and Lehigh Acres Trailhead Park have been identified as publicly held lands and potential Section 4(f) resources according to the United States Department of Transportation Act of 1966 (49 USC 303). We believe Lehigh Acres Community Park North and Lehigh Acres Trailhead Park are both significant resources within Lee County. Significance means that in comparing the availability and function of the recreation area, park or wildlife and waterfowl refuge area with the recreational, park and refuge objectives of that community, the land in question plays an important role in meeting those objectives. As part of this PD&E study, the Office of Environmental Management requires a statement from an official who has jurisdiction over the subject parcels. Both park sites are recreational facilities with public access and public facilities. Based on the definition of Section 4(f) Use we find that the project will not result in use of the subject properties. The pathway would not involve any direct impacts (property acquisition) or incur negative effects to the function or public use of the sites. In addition, no indirect (constructive use) impacts are anticipated. There is a proposed pathway tie-in to the existing trail at Lehigh Acres Trailhead Park, and a small overlap with a corner of the Lehigh Acres Community Park North property. However, these overlaps are very minor and do not exceed 1,200 square feet within either parcel. At Lehigh Acres Community Park North, the overlap is proposed to eliminate the need for a costly new bridge crossing. In addition, upon project completion, the recreational opportunities

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26 HARNS MARSH HARNS MARSH ELEMENTARY & MIDDLE SCHOOLS Legend SUNSHINE BLVD N Proposed Pathway PROJECT BEGINS LEE BLVD Potential Section 4(f) Sites TOWN LAKES FLORIDA GOVERNMENTAL UTILITY AUTHORITY Miles G. WEAVER HIPPS ELEMENTARY SCHOOL W 12TH ST LEHIGH ACRES COMMUNITY PARK NORTH BARBARA FARRELL PARK ABLE CANAL PARK ¹ LEHIGH ACRES ELEMENTARY SCHOOL Cape Coral Sanibel Gulf of Mexico LEELAND HEIGHTS BLVD E Project Location Fort Myers Beach PROJECT ENDS LEE COUNTY!"#$ ¹ 75 Fort Myers Estero Bonita Springs ^_ Lehigh Acres LEHIGH ACRES TRAILHEAD PARK JOEL BLVD (CR 884) Project Location Map with Potential Section 4(f) Sites Able Canal Pathway PD&E Study Lee County FPID: ETDM: 14223

27 Barbara Farrell Park Lehigh Acres Community Park North Amenities: 3 Baseball Fields Softball Field Football Field Practice Field 3 Pavilions 2 Tennis Courts Playground Area ENERGI Exercise Stations $! $! North alternative 2 1 Legend $! Existing R/W Site Photograph Locations Site Boundary (approx.) Proposed Pathway South, Hybrid 1 & Hybrid 2 alternatives include pedestrian bridge connection $! ABL E 3 CAN AL Feet Lehigh Acres Community Park North Aerial Map Ü Able Canal Pathway PD&E Study Lee County FPID: ETDM: 14223

28 Legend Site Photograph Locations Ü 400 Feet Existing R/W Proposed Pathway Site Boundary (approx.) NORTH AVE $! 0 D VI DA E AV Amenities: 0.5-mile long trail Restrooms Picnic Pavilions Boardwalk Fitness Area Benches Picnic Tables Dog Stations Bike Rack Interpretive signage and sculptural panels in the prairie $! 3 North, Hybrid 1 & Hybrid 2 alternatives $! 1! $ $! 4 2 AB LE South alternative includes pedestrian bridge and same tie-in to park CA NA L EL O J Lehigh Acres Trailhead Park Aerial Map VD L B Able Canal Pathway PD&E Study Lee County FPID: ETDM: R (C 4) 88