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CCPC Agenda 03/22/2007 GMP (CP-05-08) FLUE APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN PETITION NUMBER DATE RECEIVED PRE-APPLICATION CONFERENCE DATE DATE SUFFICIENT PLANNER ASSIGNED: COMMISSION DISTRICT: [ABOVE TO BE COMPLETED BY STAFF] This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone: (941)403-2300; Fax: (941)643- 6869. The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified, in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 (attached). If you have any questions, please contact the Comprehensive Planning Section at 941-403-2300. SUBMISSION REQUIREMENTS I. GENERAL INFORMATION A. Name of Applicant( S) Robert G. Claussen Company I.M. Collier Joint Venture Mailing Address 6704 Lone Oak Blvd City Naples State FL Zip Code 34109 Phone Number 239-596-9067 Fax Number 239-598-2245 B. Name of Agent' Kate Enzlish , THIS WIL1. BE I He t-'eK~ON I.;ON I AI.; I eU t-OR ALL l:KJ~INe~~ KeLA TED TO THE PETITION. Company/Firm Pavese Law Firm Mailing Address 1833 Hendry St City Ft. Myers StateFL Zip Code 33902 02/2002 Phone Number 941-336-6249 Fax Number 941-336-2243 c. Mailing Address City State Zip Code Phone Number Fax Number D. Name, Address and Qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. See Exhibit 1 DISCLOSURE OF INTEREST INFORMATION: 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. (Use additional sheets if necessary). Name and Address Percentage of Ownership B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each, and provide one copy of the Articles of Incorporation, or other documentation, to verify the signer of this petition has the authority to do so. Name and Address, and Office See Exhibit A Percentage of Stock 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 Percentage of Interest 2 02/2002 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 Percentage of Ownership E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contact purchasers below, including the officers, stockholders, beneficiaries, or partners, and provide one copy of the executed contract. Name and Address Percentage of Ownership F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. Name and Address G. Date subject property acquired (X ) leased), 04/03 Terms of lease If Petitioner has option to buy, indicate date of option: option terminates: , or anticipated closing date H. NOTE: 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. yrs/mos. and date 3 02/2002 III. DESCRIPTOIN OF PROPERTY A. Legal Description The North Y, of the North Y, of Sec. 11, T48S, R26E, Collier County B. Section: 11 Township: 48S Range: 26E C. Tax I.D. Number (Folio #) 00179800005 D. General Location Located North of Immokalee Rd., east of Broken Back Rd. E. G. Planning Community Corkscrew Size in Acres 159.98 F.TAZ H. Zoning AgricuUrial Present Future Land Use Map Designation (s) RF- Sending IV. TYPE OF REQUEST A. Growth Management Plan Element(s) OR Sub-Element(s) to be amended: x Future Land Use Immokalee Area Master Plan Transportation Coastal & Conservation Intergovernmental Coord. Sanitary Sewer Drainage Golden Gate Area Master Plan Capital Improvement Housing Recreation & Open Space Potable Water Solid Waste Natural Groundwater Aquifer B. Amend Page( s) 46, 68 & 76 of the Future Land Use Element As Follows: ( Use.c..,.. fbrer'lO'inltto identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: See Exhibit B C. Amend Future Land Use Map(s) designation, FROM: Sending Lands District, Subdistrict TO: Neutral Lands District, Subdistrict [If new District and/or Sub-district proposed, include Future Land Use Map with legend depicting it]. EXHIBIT C D. Amend other Map(s) and Exhibits as follows: (Name & Page #) FUTURE LAND USE MAP - EXHBlIT lA 4 02/2002 E. Describe additional changes requested: V. REQUIRED INFORMATION Note: All Aerials must be at a scale of no smaller than 1" = 400'. At least one copy reduced to 8 % x 11 shall be provided of all aerials and/or maps. A. LAND USE 1. x 2. x Provide general location map showing surrounding developmj!ntii . L: I '1 (PUD, DRI'S, existing zoning) with subject property outlined. /::)<hlVlf '- Provide most recent a1eripl of site showing subject boundaries, source, and date. f:)(ni Oi+ 3 Provide a map and summary table of existing land use and zoning '6' within a radius of 500 feet from boundaries of subject propertY.0h It l,1R FUTURE LAND USE DESIGNATION ~'iB 1. x Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. Exhibit 4 3. x B. C. ENVIRONMENTAL 1. x Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEMM (FLUCCS r~~tAt~i5WSET,ij1F~~&"I~~Itt.~~.~-mt~~~ERIAL AS 2. x Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Fish and Wildlife Conservation Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. paf1th~ Ot.bJaql! bear ranQe, avian rookery, bird miQratory route. etc.). (:::)(nibl+ L. 3. x Identify historic and lor archaeological sites on the subject property. Provide copy of County's Historical/Archaeological Probability Map and correspondence from Florida Department of State. Exhibit 7 D. GROWTH MANAGMENT _Reference 9J-11.006, FAC. and Collier County's Capital Improvement Element Policy 1.1.2 (Copies attached). INSERT "Y" FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: 1. No Is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-11.006(1)(a)7.a, FAC.) If so, identify area located in ACSC. 2. No Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380, F.S.? 3. No Is the proposed amendment directly related tot a proposed Small 5 02/2002 Scale Development Activity pursuant to Subsection 163.3187(1)(c), F.S.? (Reference 9J-11.006(1)(a)7.b, FAC.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County -wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with thA nrnno~Arl ;lmAnrlmAnt. 4. No 5. yes Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and districVsubdistrict identified (commercial, industrial, etc.), or is the proposed land use a new land use designation or districVsubdistrict? (Reference Rule 9J-5.006(5) FAC.). If so, provide data and analysis to support the suitability of land for the proposed use, and compatibility of use with surrounding land uses, and as it concerns protection of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-1.007, F AC.). Exhibit 1 E. PUBLIC FACILITIES 1. x Provide the existing adopted Level of Service Standard (LOS, and document the impact the proposed change will have on that Standard, for each of the following public facilities: EXHIBIT 8 & 8A a) Private Potable Water b) Private Sanitary Sewer c) E Arterial & Collector Roads: Name of specific road and LOS Immokalee Road - Not significant Collier Blvd. - Not significant d) .04 CFS/acre will need be exceeded for DRAINAGE into the Cocohatchee Basin e) Private Solid Waste f) Minimal Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Policy 1.1.2 and 1.1.5). 2. x Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services). Water & Sewer Map Exhibit 9 4. x Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. EXHIBIT 8A 6 0212002 F. OTHER Identify the following areas relating to the subject property: 1. x Flood zone based on Flood Insurance Rate Map data (FIRM).Exhibit 10 2. N'A Location of wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps). Traffic Congestion Boundary, if applicable Coastal Management Boundary, if applicable High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (Identified on Collier County Zoning Maps). 3. N/A 4. N/A 5. N/A SUPPLEMENTAL INFORMATION $16,700.00 non-refundable filing fee, made payable to the Board of County Commissioners, due at time of submittal. $9,000.00 non-refundable filing fee for a Small Scale Amendment, made payable to the Board of County Commissioners, due at time of submittal. Plus Legal Advertisement Costs (Your portion determined by number of petitions and divided accordingly) Proof of ownership (Copy of deed). Notarized Letter of Authorization if Agent is not the Owner (see attached form). 1 Original and 5 complete, signed applications with all attachments, including maps, at time of submittal. After sufficiency is completed, 15 copies of the complete application will be required. Additional copies may be required. * Maps, aerials, sketches shall include: North arrow; name and location of principal roadways; shall be at scale of 1 . = 400' or at a scale as determined during the pre-appl ication meeting: identification of the subject site; legend or key, if applicable. All oversized documents and attachments must be folded so as to fit into a legal-size folder. For all oversized exhibits, at least one copy must be submitted at 8-1/2 x 1 1 inches. All exhibits and attachments to the petition must include a title and exhibit # or letter, and must be referenced in the petition. G. 1.x 2. 3. 4. x 5. x 6. x 7 02/2002 EXHIBIT A DISCLOSURE OF INTEREST INFORMATION B. If the property is owned by a Corporation, list the officers and stockholders and the percentage of stock owned by each, and provide one copy of the Articles of Incorporation, or other documentation, to verify the signer of this petition has the authority to do so. Name Percentage of Stock I.M. Collier Joint Venture is North Naples, LLC with co-managers J.D. Nicewonder Peter Moran & Mirasol LLC which is Mirasol Development LLC which is owned By CCMS Development, LLC with Managing Members Robert G. Claussen Christopher Clauseen Donald Milarcik Jack Sterling 75% 25% 45% 25% 20% 10% nivision of Corporations Page 1 on ,.,.. Florida Limited Liability NORTH NAPLES, LLC PRINCIPAL ADDRESS 148 BRISTOL E. ROAD BRISTOL V A 24202 '- "_"'_M".~"" MAILING ADDRESS 148 BRISTOL E. ROAD BRISTOL V A 24202 Document Number LO 1 0000 1 1606 FEl Number 582637023 Date Filed 07/1612001 State FL Status ACTIVE Effective Date NONE Last Event REINSTATEMENT Event Date Filed 1212212003 Event Effective Date NONE Total Contributiou 0.00 --~, .,,_..~,>.---." ~'- ,'- eglstere .gent I Name & Address I WOODWARD. MARK J 3200 T AMIAMI TRAIL N. SUITE 200 NAPLES FL 34103 I Address Changed: 1212212003 I R dA Name & Address NlCEWONDER. J.D. 148 BRISTOL E. ROAD BRISTOL VA 24202 MORAN. PETER 329 D BOSTON POST ROAD htt,,'I/~~frnm nn. .t~t", f111.I."rint.l"nrc1"t "",,?~ 1 =DETFll.&n 1 =LOl 000011606&n2=NA... 4/21/2005 Division of Corporations Page 2 of2 II SUNDBURYMA01776 II Il ~ ua epo S I Report Year II Filed Date I I 2003 Ii 1212212003 I I 2004 II 07/0612004 I I 2005 II 0111812005 I Ann lR rt ~llibli~d ~llit~ View Events No Name History Information ~ Document Images Listed below are the images available for this filing. 01118/2005 ANN REPfUNIFORM BUS REP 07/06/2004 -- ANN REPIUNIFORM BUS REP 12/22/2003 -- REINSTATEMENT 05/08/2002 -- Amendment 01/28/2002 - ANN REPIUNIFORM BUS REP 07/16/2001 -- Florida Limited Liabilites TillS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT 1...._.IfM..M~ ,,^" "tot~ f1 "%~'-;ntO/~M,.l~t ~v~?o 1 =l)PTVTT .l\-n 1 =T .01 000011 t';0t';&n2=NA... 4/21/2005 Division of Corporations Page 1 of2 ,-.. Florida Limited Liability MlRASOL DEVELOPMENT, L.L.C. PRINCIPAL ADDRESS 6704 LONE OAK BLVD NAPLES FL 34109 Changed 02/02/2005 MAILING ADDRESS 6704 LONE OAK BLVD NAPLES FL 34109 Changed 07/09/2004 Document Number L99000003238 FEl Number 593584687 Date Filed 06/07/1999 State FL Status ACTIVE Effective Date NONE Last Event NAME CHANGE AMENDMENT Event Date Filed 11/1711999 Event Effective Date NONE Total Contribution 100.00 '..n_'__ -......,...., egis ere 1gen I Name & Address I I STERLING, lACK I 6704 LONE OAK BLVD NAPLES FL 34110 I Address Changed: 0710912004 I R . t dA t .__~~________~_______.______.._____.___m.._ Name & Address CCMS DEVELOPMENT, L.L.C. 6704 LONE OAK BLVD t. n.. r.r"'T"T"TT O___1_T nr\f\I\f\{)f"\'l"l')OP......."l_lI..T^ An,nl\l\~ Division of Corporations Page 2 of2 II NAPLES FL 34109 II II ,.,.".. "~,'.....~_..._~_m nnua eports I Report Year II Filed Date I I 2003 II 0110912003 I I 2004 II 07/0912004 I I 2005 II 0210212005 I A lR r~e~.Il.SiWIiIIli~ l~ View Events View Name History l~~ --- , Document Images Listed below are the images available for this filing. 02/0212005 ANN REPIUNIFORM BUS REP 07/09/2004 -- ANN REPIUNIFORM BUS REP 01109/2003 -- LIMITED LIABILITY CORPORATION 01/28/2002 -- ANN REPIUNIFORM BUS REP 07/25/200 I ANN REPIUNIFORM BUS REP 01/18/2000 ANN REPIUNIFORM BUS REP 11/1711999 -- Name Change 06/0711999 Florida Limited Liabilites TillS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT -~ 'I.. 11_. r. _. _ ..:1_ _ _4._"'_ L1 ___1-__=_..._I___...J_,,- _.~~f)...1_T\D'T',[;,TT Dr....1_T OO(\(\(\{)(\'1,,)'lQ.P,.-n')='l\.T A <t/,)lI?OO, Division of Corporations Page 1 of2 .<HH_"" '..-.---. Florida Limited Liability CCMS DEVELOPMENT, L.L.C, PRINCIPAL ADDRESS 6704 LONE OAK BLVD. NAPLES FL 34109 US Changed 02/02/2005 MAILING ADDRESS 6704 LONE OAK BLVD. NAPLES FL 34109 US Changed 02102/2005 Document Number L99000002975 FEI Number 593574501 Date Filed OS/2411999 State FL Status ACTIVE Effective Date NONE Total Contribution 100.00 ... -- eglstere ~gent I Name & Address I STERLING. JACK 6704 LONE OAK BL YO NAPLES FL 34109 I Address Changed: 07/09f2004 I R dA anager em er em I Name & Address II Title I CLAUSSEN. ROBERT G EJ 6704 LONE OAK BL YD. NAPLES FL 34109 M 1M b D t 'I '_~_.I1__..___ ~M _._.^" n^IM":_'"'"M,.1~t ~~~~ol=np'T'PTT .l'ml=T QQOOOOO?Q7'i&n?=OFF___ 4/21/2005 Division of Corporations Page 2 of2 I Report Year II Filed Date I I 2003 II 01/0912003 I I 2004 II 07/0912004 I I 2005 11 0210212005 I Annual Reports [~~!ilW~ {mnl!M2lI.~~ (~~UlI.lJ~t~ No Events No Name History Information ,_w._. _.~_. - Document Images Listed below are the images available for this filing. 02102/2005 -- ANN REPIUNIFORM BUS REP 07/09/2004 ANN REPIUNIFORM BUS REP 01109/2003 -- LIMITED LIABILITY CORPORA nON 03/1 3/2002 -- COR - ANN REPIUNIFORM BUS REP 03108/200 I ANN REPIUNIFORM BUS REP 01/18/2000 ANN REPIUNIFORM BUS REP OS/24/1999 Florida Limited Liabilites THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT '---- .. - ,.. . ,,- _r_ ___ L_ _._._ ~ .._'n_":_+oloM,l4+ 4V4'1.' d')PTPTT Jim 1 =T .QQOOOOO?97'i&n2=OFF... 4/21/2005 COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT PROPOSED TEXT AMENDMENTS Page 1 of 5 February 1, 2007 Applicant: Mirasol Development, LLC EXHIBIT B DENSITY RATING SYSTEM Page 46 c. Density Conditions: 1. Maximum Density The maximum permitted density shall not exceed 16 residential dwelling units per gross acre within the Urban designated area, except when utilizing the Transfer of Development Rights (TOR) Section 2.2.24.10 of the Land Development Code adopted by Ordinance #91-102, on October 30,1991, as amended. This provision is intended to encourage unified plans of development and to preserve wetlands. wildlife habitat, and other natural features that exist within properties that straddle the Urban Mixed Use and Rural Fringe Mixed Use Districts or that straddle Receiving and Neutral Lands within the Rural Fringe Mixed Use District. In the case of such properties, which were in existence and under unified control (owned, or under contract to purchase, by the applicant(s)) as of June 19, 2002, the allowable gross density for such properties in aggregate may be distributed throughout the project, regardless of whether or not the density allowable for a portion of the project exceeds that which is otherwise permitted. when the following conditions are met: 1. Density Blending Conditions and Limitations for Properties Straddling the Urban Residential Sub-District or Urban Residential Fringe Sub-District and either the Rural Fringe Mixed Use District Neutral or Receiving Lands: (a) The project must straddle the Urban Residential Sub-District or Urban Residential Fringe Sub-District and either the Rural Fringe Mixed Use District Neutral or Receiving Lands; (b) The project in aggregate is a minimum of 80 acres in size; (c) At least 25% of the project is located within the Urban Mixed Use District. The entire project is located within the Collier County Sewer and Water District Boundaries and will utilize central water and sewer to serve the project unless interim provisions for sewer and water are authorized by Collier County; (d) The project is currently zoned or will be rezoned to a PUD; (e) Density to be shifted to the Rural Fringe Mixed Use District from the Urban Residential Sub-District is to be located on impacted lands. or it is demonstrated that the development on the site is to be located so as to preserve and protect the highest quality native vegetation and/or habitat on-site and to maximize the connectivity of such native vegetation and/or habitat with adjacent preservation and/or habitat areas; COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT PROPOSED TEXT AMENDMENTS Page 2 of 5 February 1, 2007 Applicant: Mirasol Development, LLC (f) The entire project shall meet the applicable preservation standards of the Rural Fringe Mixed Use District. These preservation requirements shall be calculated upon and apply to the total project area. (g) Section 15 (Township 48 South, Range 26 East), which straddles the boundary of the Urban Residential Sub-district and the Rural Fringe Mixed Use District, is designated Neutral, and is in the approved Mirasol PUD, may utilize this density blending provision, subject to the above criteria. 2. Density Blending Conditions and Limitations for Properties Straddling the Urban Residential Fringe Sub-District and Rural Fringe Mixed Use District Sending Lands: (a) The project must straddle the Urban Residential Fringe Sub-District and the Rural Fringe Mixed Use District Sending Lands; (b) The project in aggregate must be a minimum of 400 acres; (c) At least 25% of the project must be located within the Urban Residential Fringe Sub-District. The project must extend central water and sewer (from the urban designated portion of the project) to serve the entire project, unless alternative interim sewer and water provisions are authorized by Collier County; (d) The Project is currently zoned or will be zoned PUD; (e) The density to be shifted to the Sending Lands from the Urban Residential Fringe is to be located on impacted or disturbed lands, or it is demonstrated that the development on the site is to be located so as to preserve and protect the highest quality native vegetation and/or habitat on-site and to maximize the connectivity of such native vegetation and/or wildlife habitat with adjacent preservation and/or habitat areas; (f) The Urban portion of the project shall comply with the native vegetation requirements identified in the Conservation and Coastal Management Element (for Urban designated lands). For those lands within the project designated as Sending, the native vegetation preservation requirement shall be 90% of the native vegetation, not to exceed 60% of the total project area designated as Sending. Wetland areas that are impacted through the development process, but which result in enhanced wetland function, including habitat and/or f1owways, shall be considered as part of the native vegetation requirement set forth in this provision and shall not be considered as impacted areas. These wetland areas and/or flowways may be used for water storage provided that the water discharged in these areas is pre-treated. (g) Permitted uses for density blending under this provision include residential development and associated amenities, including golf courses meeting the criteria for golf courses within the Neutral area. This provision is not intended to eliminate any uses permitted within the applicable underlying land use designation. COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT PROPOSED TEXT AMENDMENTS Page 3 of 5 February 1, 2007 Applicant: Mirasol Development, LLC (XIII) 3. Density Blending Conditions and Limitations for Properties Straddling Receiving and Neutral Lands within the Rural Fringe Mixed Use District: (a) The project shall straddle Receiving Lands and Neutral Lands in the Rural Fringe Mixed Use District. (b) The project in aggregate shall be a minimum of 80 acres in size. (c) At least 25% of the project shall be located in Receiving Lands. The project shall extend central water and sewer to serve the entire project, unless alternative interim sewer and water provisions are authorized by the County. (d) The project shall be encouraged to be in the form of a PUD. (e) It shall be demonstrated that development on the site is to be located so as to Preserve and protect the highest quality native vegetation and/or habitat onsite and to maximize the connectivity of such native vegetation and/or wildlife habitat with adjacent preservation and/or habitat areas. (f) The project shall comply with the native vegetation requirements applicable to Neutral Lands, as set forth in the CCME. (g) Permitted uses for density blending under this provision shall include residential development and associated amenities. including golf courses meeting the criteria for golf courses within the Neutral Area. This provision is not intended to eliminate any uses permitted within the applicable underlying land use designation. 4. Density Blending Conditions and Limitations for the propertv described as the North Y:z of the North Y:z of Section 11. Township 48 South. Ranae 26 East desianated as Neutral Lands. subiect to the followina conditions: (a) The project shall be immediately adjacent to the approved Mirasol PUD and be designated as Neutral Lands in the Rural Fringe (b) The project in aggregate shall be a minimum of 150 acres in size. (c) The project shall extend central water and sewer to serve the entire project. unless alternative interim sewer and water provisions are authorized by the County. (d) It shall be demonstrated that development on the site is to be located within the existing development footprint of the approved Mirasol PUD so as to preserve and protect the native vegetation and/or habitat onsite and to maximize the connectivity of such native vegetation and/or wildlife habitat with adjacent preservation and/or habitat areas. (e) The project shall comply with the native vegetation requirements and is subiect to the use limitations of Sendina Lands within the Rural Frinae Mixed Use District as set forth in the CCME. (f) The project must be incorporated into the approved Mirasol PUD by public hearing and. if the approved, the Mirasol PUD may utilize this density blending provision, provided the units are limited to the area previously approved for development. COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT PROPOSED TEXT AMENDMENTS Page 4 of 5 February 1, 2007 Applicant: Mirasol Development, LLC II. AGRICULTURAURURAL DESIGNATION B. Rural Fringe Mixed Use District 1. Transfer of Development Rights (TOR), and Sending, Neutral, and Receiving Designations B) Neutral Lands: Page 68 - 7. The propertv described as the North Y, of the North Y, of Section 11. Township 48 South. Ranqe 26 East is desiqnated as Neutral Lands. subiect to the followinq conditions: a. The densitv from the described propertv mav be blended with the densitv within the Mirasol PUD in accordance with the densitv conditions that applv to all properties subject to the Densitv Ratinq Svstem. b. The units qenerated from this parcel must be used within the Mirasol PUD. c. The described propertv is subiect to Veqetation Retention and Site Preservation standards applicable in Natural Resource Protection Areas d. The maximum number of units qenerated bv the described propertv is limited to the maximum number that can be qenerated Sendinq Lands in the Rural Frinqe Mixed Use District and no additional units will be qenerated pursuant to anv development riqhts incentives requlations. e. The propertv is otherwise subiect to the use limitations of Sendinq Lands within the Rural Frinqe Mixed Use District. Page 76 4. Exemptions from the Rural Fringe Mixed Use District Development Standards - The requirements of this District shall not apply to, affect or limit the continuation of existing uses. Existing uses shall include: those uses for which all required permits were issued prior to June 19, 2002; or projects for which a Conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed application has been submitted prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. The approved Mirasol PUD if amended to include the propertv described as the North Y, of the North Y, of Section 11. Township 48 COLLIER COUNTY GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT PROPOSED TEXT AMENDMENTS Page 5 of 5 February 1, 2007 Applicant: Mirasol Development, LLC South. Ranae 26 East in accordance with this provision shall be deemed a continuation of existina uses and such amendment shall not be deemed an increase to develooment intensitv or densitv. Hereafter, such previously approved developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies and for the Rural Fringe Mixed Use District, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the Plan's Goals, Policies and Objectives for the Rural Fringe Mixed Use District as long as they do not result in an increase in development density or intensity. ~ ~ ~ ~ ~ ~ ~ ~ D- c:( :!: w li)- ~ :;:)~ o ~ cz. c Zs c:(;> -'~ " w" a: :;:) I- :;:) ... T 46 S < ~ ~ o "'" " * ... . 1______ ~.. I ~,,~,. ~g". ii~~ ~~~:i ""~I n,~ ",. '5,' ~~~~ l';~"''" ~~~~ :it !-' ~ , " o < T 47 S 1_' [J I . 0> 1i ! ~ n EXHIBIT C T 48 S T 50 S . .:"- T 49 S T 51 S --L\l L .. 00 ~j::: qq ." ~O ~~ Oii} O~ :;;~ O~ .~ ~~ .q j i~l~r :If, ~ 3.'J- - ;.-~ - '- ~- ~i _~,."~~~.,~~~. ~ :; .,. ..~ --~ .!; . j '-'e-b~ ~---"tIir"'-""""'-~ ~ /_ ... . " ...,. --'Iil . T,........ I;' .~ ,,::~_,f2~, . . _1:_H"---~-'------'- . I i ,i _,/,1 s sr 1 _._~~_.- _._-~._~._-------_.._- S B 1 s s ~ 1 S Sr 1 s OS 1 ---._-- S IS 1 T 52 S T 53 S ---l ---~~-- .------- r-- i 1 c;:'::;:7 j --......1 [- IT -l__ I 0' I S l~ 1 :1 __ _------2_~_~_~_~j . ~ ~ ~ ~ ~I ~, ~ -' '1 ~I ~i ~I ~I .1 I -I EXHIBIT 1 GENERAL INFORMATION I.D. Name, address and qualifications of additional planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. Katherine English Pavese Law Firm 1833 Hendry St. Ft. Myers, FL 33902 Qualifications: She received her Bachelor of Arts from the University of Florida in 1986 and her Juris Doctor from Walter F. George College of Law at Mercer University in 1994. Ms. English joined Pavese Law Firm in 1994 and became a partner in 1999. Her practice is limited to environmental, land use and local government law focusing on agricultural law, water rights and water quality law, and property rights law. In addition to her work for private clients, she is the County Attorney for Hendry County, Florida. She is a member of the American Bar Association, the Florida Bar, and the Lee County Bar Association. Tim Hall Turrell & Associates 3584 Exchange Ave., Suite B Naples, FL 34104 Qualifications: 14 years experience in field of environmental planning and permitting. Proficient in wetland delineation and listed species surveys. V.D.5 GROWTH MANAGEMENT - Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district/subdistrict identified (commercial, industrial, etc.), or is the proposed land use a new land use designation or district/subdistrict? (Reference Rule 9J- 5.006(5) F.A.C.). If so, provide data and analysis to support the suitability of land for the proposed use, and compatibility of use with surrounding land uses, and as it concerns protection of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-1.007, F.A.C.). The proposed land use change does not create a new land use designation or district; it changes the land use designation for the subject parcel from Sending Lands to Neutral Lands while leaving intact the protections of Vegetation Retention and Site Preservation standards currently in effect under the subject parcel's Sending Lands designation. The proposed land use change would make it possible for the applicant seek zoning authorization to incorporate Section 11 into the Mirasol pOO and thereby authorize the blending of32 dwelling units from the subject parcel to the developable area within the existing Mirasol PUD, authorized by Ordinance Number 01-20. The development area of the Mirasol PUD is located within urban land use designations; the subject parcel is not. Currently, the subject parcel could be developed at a rate of one dwelling unit per 40 acres. The proposed change, if approved, would result in a net increase in density of28 units since density available for blending from the subject parcel is calculated at one unit per five acres under the current rules. The proposed change is consistent with the requirements and goals of Rule 9J-5.006 and results in a minimal increase in density in an area already designated for development. If approved through the comprehensive land use amendment and zoning processes, the change in land use designation and rezoning would allow a blending of development rights in accordance with current criteria resulting in an increase in the density authorized in Mirasol PUD by a total of 32 units. The Mirasol PUD currently authorizes a total of 799 residential units and the proposed blending, if approved, would result in a total density of 831 dwelling units within the PUD. In other words, blending an additional 32 units from the subject parcel within the Mirasol PUD to the development area would represent a decrease in density of four (4%) percent or an decrease from 0.51 units per acre under the current authorized density to a density of 0.49 units per acre if the subject property were incorporated into the Mirasol PUD. The intent of comprehensive planning is to discourage urban sprawl by encouraging efficient land use, efficient provision of public facilities and services, separation of rural and urban land uses, and protection of agriculture and natural resources. See Rule 9J- 5.006(5), F.A.C. The proposed change does discourage urban sprawl by discouraging the development of existing rural lands for residential uses. The development of the subject parcel for large lot residential use would result in greater impacts to the subject parcel's value as habitat than blending densities to the areas designated as Urban Residential and Urban Mixed Use within the Mirasol PUD. Clustering the density within urban land use designations encourages compact development footprints and allows for the efficient provision of public facilities and services and further maintains the separation of rural and urban land uses and protects natural resources. Specifically, the proposed land use change would facilitate rezoning of the subject parcel which would encourage development within an area already designated and authorized for development under the existing land use scheme in accordance with demonstrated need. Because the units would be shifted to urban designated areas, it would maximize the use of existing public facilities and services in an area in which those services already exist. Further the increase in density is minimal compared to the land mass involved and would be a gross increase of only 28 dwelling units. Such an increase would result in a deminimus increase in density within the urban designated area and a minimal impact on existing facilities and services. In addition to the minimal increase in density within an urban area, the proposed change would protect the subject parcel from development that would result in fragmentation of existing habitat, the addition of homes that are not easily accessible, and a disproportionate cost for providing services to those homes. EXHIBIT 1A ;;; i; ,,~ i i ,-1 ~ --" " o ..- 1 0, ~ ~ ;; ;; , o ::; ,~ ;:; ::; ... (I). .., ::I'" o u: Cl<: c Zs c:t~ .....~ ;; ..." a: ::I t- ::I ... ,~ :;: T 46 S T 47 S T 4B S T 49 S T 50 S r 51 S T 52 S o o ~ ~ D : i e " 0" ," .~ ,. <lA 58, , ~~ UI [II < " , ~~ ~1 H I: ii]:::.i <, 552 "" "< B~i ~*; .J l---ri L ,-r-J 1.0}! " i/\ I , " " I----'J' " 1 H~!r-.-' I ;1 ~rj r--L~ I I , d, 1__1 1 I --f '--- .---_/ / /'/ . [_Jj / :ir-_t;~ , 1)1j '-7 I tL /",",,- 1 'i,;:.~2.1 -=t ~ "',o'^-1 ') { Do c:t :!!: I.~ ~ ~g~~ i:5~~~ ~:r;<:><>. j~~~ r:ti~~ ~jii!~ :::i!~" li!s~~ ~~~! oi=~~ ~i'l6~ I < p ~ ~ ~ l___~_j s SP 1 S l\1 1 s gf 1 S 1it'.1 "~'-~--"--_.,.. S OS 1 S (I; 1 S It; 1 T 53 S ;; ;; ;; ;;; [J "LL... " '._ ('I h ~'- r--); L ' L o ~ ~ m N ::; , ;1 ~i I m N 0 , I :;: ~' S " 1 ""') i EXHIB\IT 2" u " ro llJl-."( "0" "0" ~"'5 00" >.. ;:!"Q.O:: ~a:=:l . <--"E ~ )J "TTi -'"" , " ~ "w <. 00 .0 <0 r~, Cl ~ tJ>~ ..0: ..... p.. ...., 0 g s:: Ul lIllll p.,-+ U 14 ~ lIl..... ~ >:E -= .g .c::.. en ....,...., ::l Ul o OJ UJ:3: '0 OJ .c:: OJ u ..... III ..Q ...., III ...., E-< III >, OJ 14 OJ III Ul e e ::l >, UJ ...., tJ> ~..o: DO ::l 0. 0...., tJ ~ III III :E OJ U OJ III OJ ...:l> Ul D >- "" .c:: f-- <il::l '0 ....,...., 7 55 ~ 14 Ul ~,.. -::J III 0 III 0 H Z~ U 11J W -.J iX, ," ,,;,Jd g:~ ":;'0 (l~{ HS<J\fV'l ~ Exhibit 2 ,~Jq:- \:';"r.'~, *:~k';:. ~~'i- I I. i) i~ ," , 'X ~ fd)...... ! /' -' N of Section 11, Lee County Zoning ';~ " ..~\ . . ;Ii-~- I,: ~j ;_.IJ!!I!'''IJ!'__J~ "~;i' .1' [ il: ;,c; - . '.:'~ Roa.j Geo!erbleo; Tax Map Legend County Zoning Aerial Image Set 2005 (Color) Map Currency Date 4/11/2006 3:30:52 PM A - Bonita Beach Road RPD/DRI B - Bonita Beach Road Estates ...... "" o ..... ., 00 OJ p... ~ ~<: e ii:; .."" ~ 8 1f !iro:a Z li5 c:: 'B~~ .~g~~ ., g Z~ ~ '+:l <z '+:l 0 ., ." p... fil :S 5 1f 1f is c:: E"l.S.S ., ~ ~~~~ .. - ~ ,Pihibif zA ., ~ o o "" .>< ~ tl ., ., B Ii ., <I) 0 08 Cd "il '.9 8 .g ~ .~ t3 ..:: A Q ~ U - .... Cd "" ;3 ~ v ~ ....,...... 0 0 <l:5~~~~ ~~ ~-gOb '-' ~ g p...o;t::<:C::U"-'-P:;ii:; ~~ e.~.B<I)5 c:: ~ .....'::1 Ro U 0 :E ~ .8 .a.... - <: g .-::: D&:.s.s~.su~ "" o o ~ o ~ "<t ~~ g "0 U o e ZI::; v 6.- 00 c:: .~ "'0 c:: ., <I) ~ "" o o o o co '" t-- ..... o o 0- .... ~ M ~ ., ., ]- ~ M ~ ~ ~ . <: j!. ::s ~ 0, ~ ., g. c-- .s o ~ <l ~ ., ~ '8 ~ o 0, ~ .0 ~ .... .~ ., -2 ~ c:: ;; o ~ ., .~ ..... "0 o .,; '60 ::::; jg OJ OJ ~~ .,., ~ o 0 'E'E "'0 .,., c:: <I) <I) 8 0 ~ ~ ~'.9 1iii ~ g .~ ~<I) CdQ ~U~~~ ~s.oeg 8 8 iJ .s 'i:j .!'1 c:: .s c:: '~e .s:S:S:Se .- .- .- .- 0 ~~~~U -E.'ihibi+ 2.5 Collier County GIS - Zoning Page 1 of2 Collier County Zoning Information tJ 1 Search for Address: Street Name: 100TH AVE N 100TH AVE N .......1 Then type In or select a house number and press Searth to zoom House Number: 509 509 Type In or ~ a street name and press Tab key when ready. ~iTh~. Data shown is for informational purposes only. Users assume all liability for use. For more info on Aerials &. Parcel lines see: htto:/lwww.collieraooraiser.coml For more info on Zoning Designations see: htto:/lwww.collieraov.netlzonlno/districtslindex.htrn For more Info on Future land use see: htto:llwww.collieraov.netlcomoolannlna/index.htm All other questions please contact COmmunity Development &. Environmental Services: 239-403~2400 t.u-.II~:... .......11:.........."". ..""+/nT""h...:+....frnp~7l"'\n'nnPl1h/rrYps:.7nn;nO"Pl1h r.fm 4/20/2005 EXHIBIT 3 Section 11 ~, ~ @2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, ne for the data herein, its use, or its interpretation - httn'//mans collierannraiser com/webman/mannrint.aSDx?title=EXHIBn'%203%20%20%... I 1/30/2006 l.LJ en N c::c: - u.J co N 0::: u.J r- N 0::: --- u.J c.c N 0::: LU Ln N 0:: ~- a.. <C :E w Cl)CI:l "'C ::) ";:: .2 u. C~ l: ZiS <ec: .....i~ - o WO a:: ::,:) I- :;:) u... o Z il. ~ .J~ ilii:i~> w~::l~ 0::1-1-0:: <C-.J I-::lW cCo..U> uJ<cii:O O::::iClo.. <CW<ci: >lIl""lIl ~::l.JC O::C<CO:: WZ~<C ~~~~ <Cl:!~lii ~::lzl- O::I-::lZ w::lO~ :I:u..Ulll I-WO::lIl u..:I:WW Ol-::JlIl III OZ .JO lIl<c .J - U cC ~ 'uJ W 0:: C <C Z" S 917 1 EXHIBIT 4 "' Q) ~ " <( co OJ OJ I() '( ];1 ',' ea, ..:) ~! ;~': i :,1 . ~ ~ I .. ";J .. ,-:) 1 ( I I: I /., ._1". .. I I; ,~~~ 1 I '----, .;;" , I I -~- J __ ....' "",' , ," ----.... S LV 1 S 817 1 EXHIBIT 5,6 & 7 ENVIRONMENTAL INFORMATION Mirasol Section 11 Parcel SEe 11, TWP 48S, RNG 26E COLLIER COUNTY, FLORIDA April 2005 PREPARED BY: TURRELL & ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B NAPLES, FL 34104 MlRASOL SECTION 11 PROPERTY Section II, Township 48 South, Range 26 East, Collier County Environmentallnfonnation April 2005 INTRODUCfION This report documenting site conditions and environmental considerations has been prepared to address environmental submittal requirements for a Collier County Growth Management Plan Amendment application. The included information provides an environmental overview oftlle subject property, which is currently proposed as preserve lands as part of the Mirasol Development. SITE CONDmONS 1. Project Location . The subject property is located three miles north of CR 846 and immediately west of a straight line drawn north from CR 951. This site is currently being considered as preserve for the Mirasol development with access to be provided from Broken Back Road along the west property boundary. Altered sheet flows from the east currently back up and flood the property on an annual basis. This has led to proliferation of melaleuca in many areas throughout the property. To characterize surrounding land use, an agricultural row crop operation and water management area exist to the north of the property while lands to the east, west, and north are currently undeveloped and forested. The project location is depicted on the Location Map enclosed for review. The approximate parcel boundaries are located on the enclosed aerial with FLUCFCS map overlain, which is also enclosed for review. 2. Soils Information According to the USDA Soil Survey of Collier County Florida, the site is composed of three different soil units. Approximately one third of the site is composed of Oldsmar Fine Sand, which is classified as a non-hydric soil. Approximately another third of the site is composed of Holopaw Fine Sand, Limestone Substratum, which is a hydric soil unit. The third major soil unit is Boca, Riviera, Limestone Substratum and Copeland Fine Sands Depressional, which is also a hydric unit. A soils map has been included with this report. 3. FLUCFCS Infonnation Major vegetative communities were estimated based on photo interpretation of Collier County aerial photography. Ground truthing of these estimates was conducted in January of 2003 and again in March of 2004 to verify the vegetation and to estimate the extent of jurisdictional wetlands on site. The Florida Land Use, Cover, and Forms Classification System (FLUCFCS) manual was used to classify the vegetation communities occurring within the site boundaries. The Page lof4 MIRASOL SECTION II PROPERTY Section II, Township 48 South, Range 26 East, Collier County Environmental Infonnation April 2005 enclosed FLUCFCS map illustrates the FLUCFCS codes and acreage for each community. A general description is provided below for each category along with any site-specific nuances that may be relevant to the assessment. FLUCFCS FLUCFCS TOTAL POTENTIAL CODE DESCRIPTION ACRES JURISDICTIONAL WETLANDS 411 Mesic Pine F1alwoods 21.61 424 Melaleuca 31.73 31.73 424/621 Melaleuca / Cvoress 7.36 7.36 4241624 Melaleuca 1 Cvoress 1 Pine 14.54 14.54 4241625 Melaleuca / Hydric Pine 63.98 63.98 621 Cypress 21.21 21.21 640 Marsh . 1.43 1.43 TOTALS 161.86 140.25 Note: Atteages are approximate as no boundary survey was used to determine property extents or vegetative breaks. 411 - Mesic Pine Flatwoods - These uplands are dominated by slash pine (Pinus elliottii) with saw palmetto (Serenoa repens) islands, Myrsine (Myrsine guianensis), and scattered wax myrtle (Myrica cerifera) and Brazilian pepper (Schinus terebinithifolius) in the midstory. Groundcover is made up mostly of saw palmetto, also noted are grapevine (Vitus rotundifolia) and a rare rusty lyonia (Lyoniaferruginea). ' 424 - Melaleuca - The dominant plant in these areas is melaleuca (Melaleuca quinquenervia). The melaleuca dominates the habitat and precludes almost all other vegetation with the exception of a few swamp ferns (Blechnum serrulatum) and some assorted sedges. 424/621 - Melaleuca / Cypress - This code covers scattered areas of the property. Vegetation is composed of cypress (Taxodium distichum) with melaleuca at densities ranging from 25% to 60"10. Midstory species are mostly smaller melaleuca Ground covers include, yellow eyed grass (Xyris iridifolia), pipewort (Eriocaulon spp.), and swamp fern. 424/624 - Melaleuca / Cypress / Pine - Vegetation is composed of cypress with slash pine and melaleuca at densities ranging from 25% to 75%. Midstory species include wax myrtle, and myrsine. Groundcovers include yellow eyed grass, pipewort , marsh fleabane (Plucheafoetida), poison ivy (Toxicodendron radicans) and goldenrod (Euthamina minor). 424/625 - Melaleuca / Pine - This code covers a majority of the property. Vegetation is composed of scattered slash pine with heavy melaleuca densities ranging from 30% to 80%. Midstory species include wax myrtle, yellow eyed grass, pipewort, marsh fleabane, and goldenrod (Euthamina minor). Page 2 of 4 MIRASOL SECTION II PROPERTY Section 11 , Township 48 South, Range 26 East, Collier County Environmental Information April 2005 621 - Cypress - Cypress is the dominant canopy species with melaleuca at densities below 25%. A few Carolina willow (Salix caroliniana) and Brazilian pepper are also present. Groundcovers include, swamp fern, yellow eyed grass, hatpins, and sawgrass (Cladiumjamaicense). 640 - Marsh - This is a small area in the center of a cypress dome. There are no canopy or mid-story species. Groundcovers include alligator flag (Thalia geniculata), duck potato (Saggitaria lancifolia), and sawgrass. 4. Wetlands Both the South Flrida Water Management District and the U.S. Army Corps of Engineers have been on the site and both have verified the jurisdictional lines depicted on the enclosed exhibit. The majority of the parcel bas been impacted due to altered hydrology and exotic vegetation infestation. Elevated water levels on an annual basis have begun to aher the upland and transitional areas. Less upland vegetation recruitment is seen and more wetland species are becoming apparent. Overall, the quality of the wetlands is not too bad. The removal of the exotic vegetation and restoration of a more historical hydroperiod to this parcel will improve the quality of this parcel and increase its functiooal values with respect to wildlife support. None of the parcel's wetlands are proposed to be impacted by the proposed development. S. Historical and/or Archaeological Infonnation According to the State Division of Historical Resources, no historical or archaeological sites are known to exist on the subject property. An archaeological survey of the site was conducted and no evidence of any sites was found. A copy of the letter from the Division of Historical Resources is enclosed. 6. Protected Species No protected species have been seen on the project site during the site visits. However, based on the vegetation, general location of the property, and known activity of listed species within close proximity of the parcel it is likely that some listed species could be utilizing the property. The property is less than 5 miles from a bird rookery that is known to support wood storks as well as several other wading bird species. Panther telemetry data points show that panthers have passed within Y, mile of the property in the recent past. Bear tracks have been seen along Broken Back Road to the south of the parceL There are known fox squirrels Page 3 of4 M1RASOL SECfION 11 PROPERTY Section II, Township 48 South, Range 26 East, Collier County Environmental Information April 2005 utilizing the property adjacent to the west so it must be assumed that they would utilize this site as well. Listed Species Potentiallv Utilizinl! the Parcel Tricolor Heron (Egretta tricolor, SSC) Snowy Egret (Egretta thula, SSC) Little Blue Heron (Egretta caerula, SSC) White Ibis (Eudocimus albus, SSC) Wood Stork (Mycteria americana FE) Red cockaded woodpecker (Picoides borealis, FE, SI) American Kestrel (Falco sparverius paulus, *, STY Bald eagte (Haliaetus leucocephalus, FT, SI) Eastern Indigo snake (Drymarchon corais couperi, FT, ST) Florida Black bear (Ursus americanus jloridanus, FC, SI) Florida Weasel (Mustelafrenaata peninsulae, R) Big Cypress Fox Squirrel (Sciurus niger avicennia, *) Florida Panther (Puma concolor coryi, FE, SE) F = Federal S = State E=Endangered T = Threatened SSC = Florida Species of Special Concern C = Federal Candidate *= FWS Species of Management Concern R = Rare Page 4 of4 --I J ~I ~ ~ ( Cl - C! o .J U. U. o W ~ ?- m -rJ I t;~ ww ijo. ~o ~g: r ~ ~ z 0 :J () 00: () W w:::; 5 is () ; ~-- " ~ I 1.________________ ~~r~ -l m c 0: W W ~ o " ;! ERGbId)ESiR..yf) . ~\ >- w >: ~ o\)\.fOl'>^""co ~ z 0.. <{ ~ ). l- - Z - u :> ..0: ",0 ~~ Ul,,- !;j:"- ",0 -" x- ~~ ..Ul ..0 ,,0 ..." "", ~~ iDd "0: ~.. 0:. ~3 ~Ul cn~8 zl-a::: . oX...i!' J:Wcna: ol:!"o UJeD..z !:!:t-tilLl cll')~~ CJt:..,o %:El'n.... >o~tO ,,<<-... Ck..:E.. >- l- Z :) o t) ~ W - .J .J o U ~ z o tlui "., 0:> l::z :>0 "fi ":> g~ ",z 0:0 UlO "0: 0:0 0"- "-0 UlUl 0:0 "Z .,Ul ,,'" zi!; !:'" ~~ ~ c ~ t w" "0 '> ~ z ......." w ~.~ ~ g __ 0 g .( I-: - z w f W ~ . G > z ... w . Z ~ w _ ~ w 5 ! , 0 . ~ z . 0 ~ ~ ~ Ii. . , :; z z I w 0 ~ .. z ~ 0 ~ - ~ ::. ~ ~ :! Z I- III 0 ;; 0 0 w ~ Z ~ 6 ~ ~ z 0 w lfl ~ < 8 ~ C 0 a ... .J 0 c... <( ~ ~ Z 0 ~ ~ 0 0 ....I r- ~ 0 ill ..., 0 0::: - c... ~ (.) I:IQNN C.5 ~~ 1o-4~('r)1O ~ , , "'{/.I'tt'l"l fIlco"=t 00_-.0 ~~~~e 'P"I ~...:l ~ 0 o t:: ~'-'~ o lI.I ~.. ~ fIl H ~ ~;; rJl ~ o.~'u ~.;: ~ g " . -"W' 1 "0 Ol - -~ lI.I Qj - ~ t: Go) g.s a l::5"':g@) :;I.., "-. L"":;;"OC r <rAB ~:t:b';: ~~E "'M" UN <~ l IJ.l ~ .. " 00 0 "'''' MO< s r . . N W G z ~ ~ . ~ i: ~ z ~ .J 0 ...... ...... Z 0 ?- m u w CI) ll.. ~ <( :!: CI) U ~ U ::l ....I u.. ....I <( c::: w <( o ~~M c:l.:;~fa """1~~ ~ ;!;v '" -~ (Uu;1;~ ~ lit]. ._ '3 rf ~ u 5-"" OElli' "'ilz <.~ .,;:8 " .~.. o(l'" Jl~ ~ .$ _~;..S' -v<(1 ~.~ jti E-<:E Jl Jf . ~ ~~ l! 1 f 'i .. w ~ ,;, G ~ 00 ~ _ en ].i~! ~~ ~~ ~~;I;~ .1d_li8. ._ S If ~ u ll-o. olil' '" z <. ",:g " .~~ "' c:Icl'" ~~ 'Z_dd<!;'~ - u 8. ~.~ f~ E-<::>l,l!.e ;t ~H , .1 '1 .!! 1 ~ (16) Oldsmar Fine Sand- This nearly level, poorly drained soil is on the flatwoods. Areas are elongated and irregular in shape and range from 20 to 450 acres. The slope is 0 to 2 percent. Typically, the surface layer is dark grayish brown fme sand about 4 inches thick. The subsurface layer is fine sand to a depth of about 35 inches; the upper part is light gray and the lower part is light brownish gray. The subsoil is to a depth of about 80 inches; the upper part is black fine sand, the middle part is very dark grayish brown fine sand and the lower part is dark grayish brown fine loam. In 95 percent ofareas mapped as this soil, Oldsmar and similar soils make up 80 to 100 percent ofthe map unit. The characteristics ofImmokalee soils are similar. Soils of dissimilar characteristics included in this unit are small areas of Malabar and Pineda soils in slough landscape positions. These soils make up to 20 percent or less of the unit. The permeability of this soil is slow to very slow. The available water capacity is low. Natural fertility is low. In most years, under natural conditions, the seasonal high water table is between 6 to 18 inches ofthe surface for 1 to 6 months. In other months, the water table is below 18 inches and recedes to a depth of more than 40 inches during extended dry periods. Rarely is it above the surface. Natural vegetation consists mostly of south Florida slash pine, cabbage palm, saw palmetto, wax myrtle, chalky bluestem and pineland threeawn. This soil is poorly suited to cultivated crops because of wetness and droughtiness. The number of adapted crops is limited unless very intensive management practices are followed. With good water control and soil improving measures, the soil can be made suitable for many fruit and vegetable crops. A water control system is needed to remove excess water in wet seasons and provide water through subsurface irrigation in dry seasons. Row crops should include bedding of the rows. Fertilizer and lime should be added according to the need of the crops. With proper control, the soil is well suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal drainage and elevates the trees above the seasonal high water table. A good grass cover crop between the trees helps to protect the soil from blowing when the trees are young. With good water control management, this soil is well suited to pasture. A water control system is needed to remove excess water during the wet season. It is well suited to pangolagrass, bahiagrass and clover. Excellent pastures of grass or grass-clover mixtures can be grown with good management. Regular applications of fertilizers and controlled grazing are needed for highest yields. This soil is moderately suited for desirable range plant production. The dominant forage is creeping bluestem, lopsided indiangrass, pineland threeawn and chalky bluestem. Management practices should include deferred grazing and brush control This Oldsmar soil is in the South Florida Flatwoods range site. This soil has several limitations for most urban uses because of wetness. If the soil is used as septic tank. absorption fields, it should be mounded to maintain the system well above the seasonal high water table. For recreational uses, this soil also has severe limitations because of wetness, but with proper drainage to remove excess surface water during wet periods, many of these limitations can be overcome. This Oldsmar soil is in capability subclass IVw. (2) HoIopaw Fine Sand, Limestone Substratum - This nearly level, poorly drained soil is in sloughs and broad poorly defmed drainage ways. Individual areas are elongated and irregular in shape and range from 20 to 300 acres. The slope is 0 to 2 percent. Typically, the surface layer is dark gray fine sand about 5 inches thick. The substratum layer is fme sand to a depth of about 52 inches; the upper part is light gray and the lower parties light brownish gray. The subsoil extends to a depth of about 62 inches; the upper part is dark grayish brown fine sand and the lower part is dark grayish brown fme sandy loam. Limestone bedrock is at a depth of about 62 inches. In 95 percent of the areas mapped as this soil, Holopaw and similar soils make up 78 to 97 percent of the map unit. The characteristics of Malabar, Pineda and Riviera soils with limestone substratums are similar. Soils of dissimilar characteristics included in this unit are small areas of Basinger, Boca and Chobee soils on similar landscape positions. These soils make up about 3 to 22 percent of the unit. The permeability ofthis soil is moderately slow. The available water capacity is low. In most years, under natural conditions, the seasonal high water table is within 12 inches of the surface for 3 to 6 months. In other months, the water table is below 12 inches and recedes to a depth of more than 40 inches during extended dry periods. During periods of high rainfall, the soil is covered by shallow slowly moving water for periods of about 7 to 30 days. Natural vegetation consists of scattered south Florida slash pine, cypress, cabbage palm, sawpalmetto, waxmyrtle, sandcordgrass, chalky bluestem and gulf muhly. This soil is poorly suited to cultivated crops because of wetness and droughtiness. With good water-control measures and soil improving measures, the soil can be made suitable for many fruit and vegetable crops. A water control system is needed to remove excess water in wet seasons and provide water through subsurfuce irrigation in dry seasons. Row crops should be rotated with cover crops. Seedbed preparation should include bedding ofthe rows. Fertilizer and lime should be added according to the need of the crops. With proper water control, the soil is moderately suited to citrus. Water control systems that maintain good drainage to an effective depth are needed. Bedding the soil prior to planting provides good surface and internal drainage and elevates the trees above the seasonal high water table. A good grass cover crop between the trees helps to protect the soil from blowing when the trees are younger. With good water control management, this soil is well suited to pasture. A water control system is needed to remove excess water during the wet season. It is well suited to pangolagrass, bahiagrass and clover. Excellent pastures of grass or grass-clover mixtures can be grown with good management. Regular applications of fertilizers and controlled grazing are needed for highest yields. This soil is well suited for desirable range plant production. The dominant forage consists of blue maidencane, chalky bluestem and bluejoint panicum. Management practices should include deferred grazing. This Holopaw soil is in the Slough range site. . This soil has severe limitations for most urban uses because of the high water table. To overcome this limitation, building sites and septic tank absorption fields should be mounded. This soil also has severe limitations for recreational development because of wetness and sandy texture. Problems associated with wetness can be corrected by providing adequate drainage and drainage outlets to control the high water table. The sandy texture limitation can be overcome by adding suitable topsoil or by resurfacing the area. This Holopaw soil is in capability subclass IVw. (25) Boca, Riviera, limestone Substratum and Copeland Fine Sands, Depressional- These level, very poorly drained soils are in depressions, cypress swamps and marshes. Individual areas are elongated and irregular in shape and range from 100 to 3000 acres. The slope is 0 to 1 percent. Typically, the Boca soil has surface layer of very dark gray fine sand to a depth of about 26 inches; the upper part is light gray and the lower part is brown. The subsoil is dark grayish brown fme sandy loam to a depth of about 30 inches. Limestone bedrock is at a depth of about 30 inches. Typically, the Riviera soil has a surface layer of gray fine sand about 6 inches thick. The subsurface layer is fine sand to a depth of about 32 inches; the upper part is light brownish gray and the lower part is light gray. The subsoil is sandy clay loam to a depth of about 54 inches; the upper par is grayish brown and the lower part is dark gray. Limestone bedrock is at a depth of about 54 inches. Typically, the Copeland soil has a surface layer of black fine sand about 6 inches thick. The subsurface layer is fine sand to a depth of about 18 inches; the upper part is very dark grayish brown and the lower part is dark gray. The subsoil is light gray mottled, sandy clay loam to a depth of about 24 inches. The substratum is light gray marl to a depth of about 30 inches. Limestone bedrock is at a depth of about 30 inches. Areas mapped can consist entirely of Boca soil, Riviera, limestone substratum, soil Copeland soil, or any combination of the three soils. These three soils were not separated in mapping because of similar management needs brought about by ponding. The characteristics of Holopaw, Malabar and Pineda soils are similar. Soils of dissimilar characteristics included in these units are small areas of Basinger, Dania, Gator and Hallendale soils on similar landscape positions. These soils make up about 20 percent or less of the units. The permeability of the Boca soil is moderate and the available water capacity is very low. The permeability of the Riviera soils is moderately rapid to moderately slow and the available water capacity is low. The permeability of the Copeland soil is moderated and the available water capacity is moderate. In most years, under natural conditions, these soils are ponded for 6 to 9 months or more each year. Inother months the water table is within 12 inches of the surface and recedes to a depth of 12 to 40 inches during extended dry periods. These soils are not suited for cultivated crops or citrus because of flooding, ponding and wetness. These soils are used for natural wetlands. Natural vegetation consists mostly of bald cypress, pickerelweed, rushes, fire flag, sawgrass and Florida willow. The Boca, Riviera and Copeland soils have no range site. These soils are in the Cypress Swamp ecological community. ::.cc:-+. t-:;:', FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF HISTORICAL RESOURCES Mr. Robert S. Carr Archaeological and Historical Conservancy, Inc. 4800 S.W. 64th Avenue, Suite 107 Davie, FL 33314 September 28, 2004 Re: DHR Project File No. 2004-8678 (2004-6526)/ Received by DHR: September I, 2004 A Phase One Archaeological Assessment of the Mirasol Parcel, Col/ier County, Florida u.s. Army Corps of Engineers Application No.: 200001926 Dear Mr. Carr: Our office received and reviewed the above referenced survey report in accordance with Section 106 of the National Historic Preservation Act of 1966 (Public Law 89-665), as amended in 1992; 36 C.F.R., Part 800: Protection of Historic Properties; and Chapter 267, Florida Statutes, for assessment of possible adverse impact to historic properties listed, or eligible for listing, in the National Register of Historic Places (NRHP). In August 2004, Archaeological and Historical Conservancy, Inc. (AHC) conducted an archaeological and historical survey of the Mirasol Parcel in Collier County on behalf of Turrell & Associates, Inc. No cultural resources were identified within the project area during the investigation. It is the opinion of AHC that the proposed development will have no effect on cultural resources listed or eligible for listing in the NRHP, or otherwise of historical, architectural or archaeological value. AHC recommends no furthcr investigation of the subject parcel. Based on the information provided, our office concurs with these determinations and finds the submitted report complete and sufficient in accordance with Chapter IA-46, Florida Administrative Code. If you have any questions concerning our comments, please contact Ron Grayson, Historic Sites Specialist, by phone at (850) 245-6333, or by electronic mail at rigravson(a)dos.state.f1.us. Your continued interest in protecting Florida's historic properties is appreciated. Sincerely, - "',,/t '~'_ \_~'_ -" . . ..~ 0, .' . - ;:'c Frederick Gaske, Director, and State Historic Preservation Officer Xc: Jacksonville District Corps of Engineers 500 S. Bronough Street . Tallahassee, FL 32399-0250 . http://www.nheritage.com a Director's Office (850) 245-6300 . FAX, 245-6435 a Archaeological Research (850) 245-6444 . FAX, 245-6436 Itf Historic Preservation (850) 245-6333' FAX, 245-6437 o Historical Museums (850) 245-6400 . FAX, 245-6433 o Palm Beach Regional Office (561) 279-1475' FAX, 279-1476 a St. Augustine Regional Office 0 Tampa Regional Office (904) 825-5045' FAX, 825-5044 (813) 272-3843' FAX, 272-2340 EXHIBIT 8 Vanasse __ Daylor ~ Petition CP-2005-8 TRAFFIC IMPACT STATEMENT Section II NOVEMBER 29, 2006 North of the intersection of Collier Boulevard (CR 951) and lmmokalee Road Naples, Florida Prepared For: Don Milarcik Klausen Company 6704 Lone Oak Blvd Naples, FL 34109 Prepared By: Vanasse & Day tor LLP Job # 80950.01 12730 New Brittany Boulevard, Suite 600, fort Mym, Florida 33907 I 239.431.4601 f 239.431.4636 w vanday.com INTRODUCTION Vanasse Daylor LLP (VanasseDaylor) is providing this Comprehensive Plan Amendment Traffic Impact Statement for Section 11 to the northeast of the Mirasol Residential Development. If approved, the 32 du's of from Section II will be transferred to the Mirasol Residential Development. In accordance with Comments from Collier County Transportation, they require a trip generation report with distribution. The Mirasol Residential Development is located northwest of the Immokalee Road & Collier Boulevard intersection in northern Collier County. Access will be provided via Immokalee Road. The site is currently vacant, however, completion of Mirasol Residential Development is anticipated to be in 20 II and it currently holds a concurrency reservation for 799 multifamily dwelling units. . The following Land Use program is proposed for this project: . Single Family (LU 210) 32 Residential Dwelling Units PROJECTED TRAFFIC TRIP GENERATION Site-generated trips were estimated using Institute of Transportation Engineers (ITE) Trio Generation (7th Edition), in accordance with the current Collier County policy. The following trip generation formulas were used: Single-Family Detached Housing (LU 210): ADT: Ln{T) = 0.92 Ln(X) + 2.71 AM Peak Hour: T = 0.70(X) + 9,43 PM Peak Hour: Ln{T) = 0.90 Ln(X) + 0.53 The above equations were used with the land use program to generate the estimated trip generations for the project as shown in Table 1. Section II Comprehensive Plan Amendment Table I PROJECT TRIP GENERATION AM Peak PM Peak LAND USE Size Unit ADT I2W E= m Total Enter m Single Family (LU 210): 32 DU 364 32 8 24 38 24 14 Totals 32 DU 364 32 8 24 38 24 14 TRIP DISTRIBUTION AND ASSIGNMENT The pattern of site-generated trip distribution is based on locations of generators and attractors in the study area of the project. The traffic distribution generated by Leftwich Engineering for the Mirasol Residential Development was used to develop the site-generated traffic distribution and assignment as presented in Table 2. Table 2 TRAFFIC DISTRIBUTION-PM PEAK HOUR Immokalee Road West of Logan Boulevard Immokalee Road West of the Access on Immokalee Immokalee Road West of ell. 951 Immokalee Road East of Collier Boulevard CR 9S I South of Immokalee Road PM Pk Hr Traffic Traffic Assignment Distribution N/E S/W 3S% 8 S 60% 14 8 40% 6 10 6% I 1 27% 6 4 Roadwar segment Section II Comprehensive Plan Amendment 2 V.EA Exhibit 8A Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. Response: The proposed land use change to the subject property would the applicant to seek rezoning of the subject property which, if approved, would allow the transfer of density from the subject parcel to the existing Mirasol PUD via the density blending provision while maintaining the existing protections for the subject parcel's habitat value and rural nature. Developrnent on the property based on the current land use designation would be served by well and septic tank due to the size of the property and the lack of available services. In contrast, water and sewer services to any units blended within the Mirasol project would be provided through a community development district established within the Mirasol PUD as stated in Ordinance 01-20. Other services and irnpacts to schools, fire protection and medical services triggered by the additional units would likewise also be addressed through the requirements of the Mirasol PUD as amended. The proposed land use change may result in the addition 32 units to the Mirasol PUD, if the zoning change to the subject property is approved, and such approval would result in minimal increases in the services that are already required to serve that PUD. In the event that the subject property is not rezoned, no units would be eligible for transfer under the density blending provision and the subject property could only be developed in accordance with current standards and the impacts to services would be no different than those which currently exist. '-;0 ~!IJ'j~"'" :z ):n~ on '-,. " :< " - !!Q JdOlil~~'Nn'; o ~ ~""~Gm"'SOd ^vMcrrlY1n=~ ~ ~ iil '" ~ l? W~Y5lO",OR ., 00 "",,00 .. 'llllOOl.\lMI , , , " \ , 0 i . ~ , < ~ ~ ". 0 1 , " , Q . 3 ! < ~ 01!, 1< & EXHIBIT 9 ,. ,\;."''<.~. .#,. ~",. WILUWOOOm.VO ..,~PllA0< Il~" e"il> :.u ~'til ~Snffifj~O"l3 ~ ljll-\H>f.no 3~()'llrldVmIC.J O~Kl.€Al'OR. c-if'~",5\.'" \.I"'"o~ PI,;IAi' COCOflIJ,.'Lll ~..\-l'.,;.ocn""< e ~ . ,'jHI1EVIO,El []~ 1.\~Q3ld<fV[]"a~ lie' ~~()""mHl;O" ';" ",~\O",._~~ , ;, ~ D ~\ o , ..v" ~ (..~\.o~- , , '11'tSOWHO ~ ~i IJO~NOl~~llllf'll'l ;:; }~"\, z "'", g ~'b) 5 . / , ~ ~ i w }jIJ"~""<,)l"'hilN"& . 1 .. u ,,, " so,& W""Alfll!1><,V " ,,'13<1QlfYd .< ll':l:M>H!;3~d .....f~ _ e . . 3'-i ." a8 61JT1IORF~~rL"tJR .' ~ lJ030"'mOl"'''>ln13 a>< 1;I'I>IJ""",mr ! i :"0'10'", . l ill , o j &OOj'''J;J;J1iJ o .2 " "' ~ E , ~ . " " :s3 '. ~~ , ~'IJI<U'J lJ:;~J\Ill'H)lO>Ja " 5~ '0 .., i! ", m~JI<O~V"1 , % o <.;~W/l~"51 3 .11 "~ < , , ! , MC;...c",UHl'" 5 t g IJOJ"I:lOIi.9 ;JI'JiJiJd O"183S0~ InUJ3Sl1rN ., ~ ~ . fi~ w ~ t; $ ~ i jllf\HlA"Br~!d~'i.L ~ $'.;: .1'1 ;: ~ % '" jULl~l ",'JP , SAINTC;<O:>UI .EP..~ HD ;" ~llAf'~R{) l~g'l\l'<j;:l~ < o ~ it (]~ ]QOld Wl)()o.::RE5l ~" , 0 ~ << ~ ;} ~ & 2~ '" ':i i ~ 8 ~cOLUH'e!.'ID . ."t it ~ ~ ~~ ~ 8g < 0 , lAtrRHLAK~~al'JD 0 1~I~COVf.CLR. , IN-''l.fo'''C; < " R0LC,ilO ~ 3 i ~ ~ , ~ u " l ~ I ~ ~ 0 0 , g , ! o o o,\llI.T<'JD 3CMlij""~"flll ~wal,;fn .~ '-i <tONQL"" RE'iH"C'" ","'3'H ~l llG'lZ'oHM';nln'l SV~lI.'tR Pl ~(],'.'ali,lHI"":' ,,; .1P?":"N~ ~ ~ t I O;.."I;U"YB'-'i" D;..\'IL.\SJ o < ~ , l'INU..CLI,PL ;;'l..lQ~S3~d 8 -W~"'Wg\'SSQ r~:'s~:~,~ I ", 6 ~ ~ ~ ~ \ ~ .. ~ , ~ u 1 ~ "01, "'-,;~ I.'"is fll\; I:.'I,~HHI ~'lll' H~>;' , cO C,.:. ' : I ., " g "A..%EY!;1 , ",-Li,,'DAI.EGI,. , ~ , II ~. < _f ",7 , , , 0 , . n: ~ c . E , " . , .= ~ . ~ " ^"M3:>111" 0 rn I ~ .x w , ".\la)jW~\OIN'llil ~ "Ol.'a'NDOl " HI:J3M>::l ~ ~ , 0 " 'i. 'Ie < ~ , oil """~S:N'"IO ~, ,~ ~~ \"; t ~ ~, " o ~ , "., j 3 ~ ",<,-"",'i>-"13~~O <61j\LS'I."- ..; cOl;~o.t'''''I.l'' . ~ i?: 0"; > N""';QIS~,IMn . ~I if '-' ,/ ./j ~ / ,.-, ,..~ '....,/ ~ / ~ ~:;; r'BVR'J:'-.d: ~~' EXHIBIT 10 1------- I I ..,- I ""~, I ,-',,", I i'" ~ ! i I I ;f~ 'i I l~.._._...__.._'-" ~. 'w,,';' ''',1 " "11"",,, ".,.., ""I '" "1"'1 ,.'" ',"I-I ii, 'i;]I!i 'I >1 "i "",j , ,,, ", , " , , I ! I" c,' ", I,; !'''I ,II RIO'" 20 05 031~5p PHS Jno ~35S082 10.1 LETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN: I hereby authorize Knlherlne F.n~li,h of Pm,,,, Law Firm (Name of Agent - typed or printed) to serve as my Agent in a request to amend the Collier County Growth Management Plan affecting property identified in t~Plicationl . / / J Signed eo/It lj/C..-::]" p U~e-Date: 'I f!:p/;2..ooS ame of Owner(s) of Record) Iy 'R" b-4t.1-C,. C~~~^' .'-"'-'("" ~ . I hereby certify that 1 have the authority to make the foregoing app6cation, and that the application is true, correct and complete to the best of my knowledge. Jdf!d~ ,:\<~e~.:\- C. Cl../tosse,) ~h>' ll(D~, Name - 1 yped or Prmted STATE OF ( COUNTYOF ( Florida Collier ) ) .:zo day of 4-;;~// .20~ .' "'. 30hnlStetfmg MY COMMISSIO .1" .' COMt.ftSSlON, # DDIl76621 mIRm .''. " i>l>riI5,2006 .; "'~:. \. IONOEOTHRU l1.OYFAlN lNSURANCf, \HC. By CHOOSE ONE OF THE FOllOWING: ;<:. who is personally known to me, , who has produced and Kdid take an Oath did not take an Oath as Identification NOTICE - BE AWARE THAT: Florida Statute Section 837.06 - False Official Statements Law states that: ''Whoever knowingly makes II false statement in writing with the Intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided by a fine to II maximum of $500.00 andlor maximum of a sixty day jail term." 8 0212002 Preplrtd by lnd nlura 10: C.Perry Peeples. Esq. Garlick, Stetler & Peeples, LLP SSSI Ridgewood Drive. Suite 101 Naples, Florida 34108-2718-2718 31735'2 OR: 3277 PG: 1457 UCOIIII It omcw. UCOIN of COUlll coem, n "fllfl'll at ":5611 tflCl! t. ItoCl, CLIIl UC m IMO DOC-.11 .1' leta: GWICI smUt n 11 rIan CORRECTIVE WARRANTY DEED f April, 2003, between Mirasol ("Grantor") and Imcollier Joint 25 Carlton Lakes Boulevard, or t correct the grantee. Grantor H we er, Grantor was incorrectly Pa 2406, Public Records of The North Y:. of the North Va of section 11, Township 48 South, Range 26 East, Collier County, Florida. and the Grantor does hereby warrant the title to said land and will defend the same against lawful claims of all persons whomsoever. SUB1ECT TO real estate taxes accruing subsequent to December 31, 2002; zoning, building code and other use restrictions imposed by governmental authority; outstanding oil, gas, and mineral interests of record, if any; and restrictions and easements common to the subdivision. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anyway appertaining. To HAvE AND TO HOLD \he same in fee simple forever. ttt OR: 3277 PG: 1458 ttt IN WITNESS WHEREOF. the Grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Mirasol Development, L.L.C.. a Florida limited liability company By its Managing Member: CCMS Development, L.L.c., a Florida limited liability company By:Wj~ Robert G. Claussen, Managing Member 6025 Carlton Lakes Boulevard. Naples. Florida 34110 The foregoing inst by Robert G. Claussen, M liability company, Managing on behalf of the com IS ~I day of April. 2003 ent, L.L.C.. a Florida limited .L.C., a Florida limited liability ~ own to me or produced . tification. ~}4~ Notary Public Printed Name: Printed Name: lO ST ATE OF FLORIDA COUNTY OF COLLIER (Seal) My Commission Expires: N:\CllentsIMlrasotOl9S\WllTlllty Deed.DOc r~=,~.~OOl_ ,,.,/ EJqne OQ:lborOUOIlIl -2- . '. 3156505 OR: 3254 PG: 2406 lICOlDlD In OlllCI1L lICOlDS of COLLIll COOfll, lL 04/02/2003 It 10:lllK DIIGIl I. IIOCI, CLlll COIS 110000.00 1IC m 15.00 DOC-.10 6160.00 Pre~ withootle~ o~inion by: 'DoroChy M. Breen, UII'e Goodman Breen &; Oi1)bs 3131 Twiwi Trail North, Suite 300 ~ples, FL 34103 When recorded return to: Williw F. Brandes, Jr., Esquire Garlitk, Stetler &; Peeples, LLP SSS I Ridgewood Drive, Suite 101 Naples, FL 34108-2718 leln: GAlLICI STITLII IT lL PlCI OP rn:d for R . Information) TRUSTEE'S DEED BY TlDS DEED, made this ~1. day ofMareh, 2003, between Lenore H. McTague and SlIIlTnut BaRk (rJk/a SunTru~Southwest Florida), Su<<essor Co-Trustees of the Robert H. MeTague Revocable Tl'Ult 1983,last Amended and Restated on JUDe 2, 1994, and amellded on JUD" 001, and the Robert H. McTague Marital Tnut ereated lIIlder Dt dated Ju , 4, as Grantor., and Minsol Development, L.L.C. a Florid liability company, tee, whose post office address is 602S Carlton Lakes Boulev , 0 fl and I co ideration of the sum ofTEN DOLLARS, and other good d . eratio paid y rantee to Grantor, Grantor conveys to Grantee, and ee' 110 . ng described real property. in Collier County, Florida, t The North 112 of the ~ Collier County, Flori ' SUBJECf TO restrictio 2003 and subsequent y 0 p Property Identification Number Grantor covenants with Grantee that Grantor has good right and lawful authority to sell and convey the p'roJJCrtr and Grantor warrants the title to the property for any acls of Grantor and will defend the title agaIDst the lawful claims of all persons clatming by, through, or under it, but against no other. Grantor further warrants that the property is not the homestead property or adjacent the homestead property of Lenore H. McTague nor that of any member of her family. Lenore H. McTague resides at 2413 Bayshore Boulevard, #1005, Tampa, FL 33629. · "'Clnntot" and "'Orantee" arc used for Ilnaul., or plural, as context requinos. . " . OR: 3254 PG: 2407 IN WITNESS WHEREOF, Grantor has signed this deed the day and year first above written. Slane<! and delivered in our presence: /1~ aturc of itness . I .J:rL.. r dd~ Type or print name of Witnes o. I Ltu<<.u- /' IJ~ SIpaturc of Witness No.2 LA.."; L '7. O"lV;,J Type or print name of Witness No.2 A"'e-,-<~'l. ~~.::..,'-~ LENORER.McTAGlJE <';' Suc:c:essor Co- Trustee of the Robert H. McTague Revocable Trust dated August 30, 1983, last Amended and Restated on June 2. 1994. and amended on June 7, 1999 and on June 6. 2002. and the Robert H. McTague Marital Trust created under instrument dated June 2, 1994 2413 Bayshoo: Boulevard, 111005 Tampa, FL 33629 Sianed and delivered in our presence' ee of the Robert H. McTague ted August 30, 1983. last Re ted on June 2, 1994, and e ,1999andonJune6.2oo2,and ue Marital Trust created under une 2,1994 S~ . ice President 26731 South Tamiami Trail Bonita Springs, FL 34 t 34 U OV'fo....h: ~...I) --- V~i J'J' rUi ,'VO --- . 'STATEOFFWRlDA COUNlY OF II..!/r hMt'''-'J 4 The foregoing instrument was acknowledged before me this .sZl day of March, 2003, by Lenore H. McTllat, Successor Co-Trustee of the Roben H. McTague Revocable Trust dated August 30. 1983, 1m Amended and Restated on June 2, 1994, and amended on June 7, 1999 and on June 6. 2002, and the Robert H. McTague Marital Trust created under instrument dated June 2, 1994, who 0 is personally known to me or who ~ has produced a driver's license as identification, ",.~ 1::1 _ 5"' J J' . .x'.. . 7~ ({ _ 0 NOTARY PUBLIC: /] Sign -.LL r Print r-:,,,..,, I/,;t c' . '/.1. ( .0 y' State of Florida at Large My Commission Expires: My Commission Number Is: (affix notarial seal) STATEOFFWRlD , COUNTY OF t. of March, 2003, by PatriciaJ. behalf of the corporation, as t 30, 1983, last Amended and 2, and the Roben H. McTague rsonally known to me, or 0 has The fore~oing instrum Tomlinson, as VICC President 0 Successor Co-Trustee of the Ro Restated 01\ June 2. 1994, and am Marital Trust created under Instru t produced a driver's license as identifi Sign Print "'" "'" MII1hI J FIjIlI f"J'M,con-.C00611te ',..1 Exl*'t~IUOO6 State of Florida at Large My Commission Expires: My Commission Number Is: (affix notarial seal) 3