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
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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
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I Name & Address I
WOODWARD. MARK J
3200 T AMIAMI TRAIL N. SUITE 200
NAPLES FL 34103
I Address Changed: 1212212003 I
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Name & Address
NlCEWONDER. J.D.
148 BRISTOL E. ROAD
BRISTOL VA 24202
MORAN. PETER
329 D BOSTON POST ROAD
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Document Images
Listed below are the images available for this filing.
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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
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Division of Corporations
Page 1 of2
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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
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I STERLING, lACK I
6704 LONE OAK BLVD
NAPLES FL 34110
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Name & Address
CCMS DEVELOPMENT, L.L.C.
6704 LONE OAK BLVD
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Division of Corporations
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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
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Page 1 of2
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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
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I Name & Address I
STERLING. JACK
6704 LONE OAK BL YO
NAPLES FL 34109
I Address Changed: 07/09f2004 I
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anager em er em
I Name & Address II Title I
CLAUSSEN. ROBERT G EJ
6704 LONE OAK BL YD.
NAPLES FL 34109
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Division of Corporations
Page 2 of2
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I 2003 II 01/0912003 I
I 2004 II 07/0912004 I
I 2005 11 0210212005 I
Annual Reports
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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
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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.
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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
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Page 1 of2
Collier County Zoning Information
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Search for Address:
Street Name: 100TH AVE N
100TH AVE N
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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.
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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
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4/20/2005
EXHIBIT 3 Section 11
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for the data herein, its use, or its interpretation
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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
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(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.
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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