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Backup Documents 10/14/2014 Item #17D 17D COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday,September 24,2014, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Planning & Zoning Department,Zoning Services,2800 North Horseshoe Drive,Naples,Florida 34104. Originating Dept/Div: GMD/Zoning Person:Kay Deselem,Principal Planner Date: September 15,2014 Petition No. DRIABN-PL20130002016 Petitioner: Ave Maria Development,LLLP;2600 Golden Gate Pkwy; Name&Address of any person(s)to be notified by Clerk's Office: D.Wayne Arnold,AICP Richard D.Yovanovich,Esquire Q.Grady Minor&Associates,Inc. Coleman,Yovanovich&Koester,P.A. 3800 Via Del Rey Northern Trust Bank Building Bonita Springs,FL 34134 4001 Tamiami Trail North,Suite 300 Naples,FL 34103 l Learing before: BCC X BZA Other Requested Hearing date:Tuesday,October 14,2014. Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used: Naples Daily News Proposed Text: See Attached Companion petition(s),if any&proposed hearing date: SRAA-PL20130002012,same date Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Department: Planning & Zoning Dept., Zoning Services; Fund & Cost Center: 131-138326-649100-00000; Purchase Order Number: 4500146769;Account Number: 068779 Reviewed by: /24 Division ministrator or Designee Date List Attachments: Resolution DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. FOR CLERK'S OFIIICE t.JSE NLY: } i ^ r' Qt 24 Date Received:' 1� Date of Public Hearing: v `1 _ Date Advertised: r lID NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION Notice is hereby given that on Tuesday, October 14th,2014, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners(BCC)will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: The purpose of the hearing is to consider: A Resolution of the Collier County Board of County Commissioners pursuant to Section 380.115(1)(b), Florida Statutes, approving the application for rescission of the Town of Ave Maria Development of Regional Impact; providing for findings of fact and conclusions of law; providing for approval of the rescission of the Development of Regional Impact Development Order, and compliance with the post-rescission development with County regulations; providing for conditions; providing for recordation; providing for severability and providing for an effective date. The subject property is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida [Petition DRIABN-PL20130002016]. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk(SEAL) 170 RESOLUTION NO. 14 - j RESCISSION OF THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PURSUANT TO SECTION 380.115(1)(b), FLORIDA STATUTES, APPROVING THE APPLICATION FOR RESCISSION OF THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR APPROVAL OF THE RESCISSION OF THE DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER, AND COMPLIANCE WITH POST- RESCISSION DEVELOPMENT WITH COUNTY REGULATONS; PROVIDING FOR CONDITIONS; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED NORTH OF OIL WELL ROAD AND WEST OF CAMP KEAIS ROAD IN SECTIONS 31 THROUGH 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA. [PETITION DRIABN-PL20130002016] WHEREAS, the Board of County Commissioners of Collier County, Florida approved Resolution No. 05-235 (Development Order No. 05-01) which approved a Development of Regional Impact(DRI) known as the Town of Ave Maria DRI on June 14, 2005; and WHEREAS, the real property whichis the subject of the Development Order is legally described and set forth as Exhibit A to Resolution No. 05-235 (Development Order No. 05-01), as amended, to correct a scrivener's error by Resolution No. 05-377 adopted on November 1, 2005 (the"Property"); and WHEREAS, the Town of Ave Maria DRI was amended by Resolution No. 08-153 (Development Order 08-01) which revised the Development Order relative to the Affordable Housing Section and by Resolution No. 11-132 (Development Order 11-03) which revised Development Order Exhibit "C" and Map "H" by dividing Town Center 2 into Town Center 2a and Town Center 2b, relocating Town Center 2b to Oil Well Road, and relocating an access point on Oil well Road; and i.14-CPS-01325/1115227/11 76 Ave Maria/DRIABN-PL20130002016 1 of 6 Rev.9/08/14 170 WHEREAS, Section 380.115(1)(b), Florida Statutes, provides the procedure for rescission of a development of regional impact; and WI-IEREAS, Ave Maria Development, LLLP, as Developer and original Developer for the DRI, has applied to the Board of County Commissioners to rescind the Town of Ave Maria Development of Regional Impact pursuant to the above-referenced Statute; and WHEREAS, all owners of property within the Town of Ave Maria DRI have not consented to said rescission; and WHEREAS, the Southwest Florida Regional Planning Council considered the application; and WHEREAS, the Florida Department of Economic Opportunity has reviewed the application; and WHEREAS, all required public notices for hearings on the application have been published; and WHEREAS, the Collier County Planning Commission has conducted a public hearing on September 4, 2014 and recommended the approval of the application to rescind the Town of Ave Maria DRI and the Development Order and recommended the adoption of this Resolution rescinding the DRI and the Development Order. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNI"Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: RECITALS. The Recitals in the preceding "Whereas" clauses are true and correct and are incorporated herein by reference as if repeated verbatim herein. SECTION TWO: RECESSION APPROVED. The application for the rescission of the Town of Ave Maria Development of Regional Impact and the Development Order is hereby approved in accordance with this Resolution. SECTION THREE: CONDITIONS. The following conditions will apply to any future development of the Property and will run with the Property unless and until they are modified or repealed by subsequent resolutions of the County: [14-CPS-01325/1115227/1] 76 Ave Maria/DRIABN-PL20130002016 2 of 6 Rev.9/08/14 170 HISTORICAL AND ARCHEOLOGICAL SITES The research used for the ADA will be utilized to develop text for a historical marker commemorating the Second Seminole War activities, which will be placed at an appropriate location within Ave Maria. The historical marker, size, content, and location will be subject to approval by Zoning Services Historical Review staff. This marker will be installed by no later than December 31, 2014. ED UCA TION Notwithstanding the abandonment of the DRI, upon request by the School District, (but in no event later than June 1 s`, 2020, unless such date is extended by the School District in writing, at its discretion) the Developer shall dedicate approximately 60 developable acres for a high school and ancillary facilities, outside the Town of Ave Maria and in a location requested by the School District staff that is approximately two (2) miles west of Camp Keais Road, north of Immokalee Road and generally situated in Sections 20, 21, or 22 in Township 47, Range 28 of Collier County, Florida or in another location that is agreeable to both Developer and the School District. The School District's acceptance of the dedicated site shall be contingent upon a satisfactory feasibility study demonstrating that the land is suitable for the School District's intended use as a high school site with appropriate environmental conditions, useable acreage and direct legal access to a public right-of-way. The Developer shall receive educational impact fee credits in exchange for the dedicated site as set forth in a Tri-party Developer Contribution Agreement (including the Developer, the School District and Collier County)with the amount determined in accordance with a mutually agreed land appraisal valuation for the dedicated site. POLICE AND FIRE PROTECTION A. Developer shall assist in the development, building, and funding of a .Multi- purpose Public Safety Center to house emergency response personnel and equipment to ensure that the development does not dilute the existing emergency services in Immokalee and surrounding communities. B. Developer has committed to provide a temporary public safety facility and a minimum of three acres of property for a permanent joint facility which will meet the needs of the Immokalee Fire District, Collier Emergency Medical Services, and the Collier Sheriffs Department as the Town grows. In addition to the commitment to dedicate a minimum of three acres for a joint facility to [14-CIPS-01325/1115227/11 76 Ave Maria/DRIABN-PL20130002016 3 of 6 Rev.9/08/14 1713 house EMS/Fire Station/Sheriff sub-station, Developer agrees to reserve an additional one acre site within the Town for "Government Building(s)" adjacent to the joint facility. This site shall be reserved by Developer until development of whichever is the latter in time: 75% of the total number of residential dwelling units or 75% of total area of non-residential uses; as measured at time of building permit approvals. If such a commitment is not exercised by timely notice from the County to the Developer as stated immediately above, then this one acre site reservation shall terminate. The one acre site shall be dedicated to the County in exchange for impact fee credits upon the County committing to construct a "Government Building(s)" facility by identifying same within the County's CIP. SECTION FOUR: FINDINGS OF FACT. The Board of County Commissioners hereby makes the following findings of fact: 1. Developer owner requested the rescission of the Development Order because circumstances and the DRI law have changed such that development within a rural land stewardship area created under Section 163.3248, F.S. is now exempt from the DRI review. 2. The Town of Ave Maria Stewardship Receiving Area (the "SRA") created by Resolution No. 2004-89 adopted on March 23, 2004 and Resolution No. 2005-234A on June 14, 2005, as amended are within the Rural Land Stewardship Area Overlay. 3. Under Section 163.3248(11), F.S., the rural land stewardship area located in Collier County is"to be recognized as a statutory rural land stewardship area". 4. Under Section 380.115, F.S., a development that has a DRI Development Order, but is no longer required to undergo DRI review because it is now exempt under 380.06(24) shall be rescinded by the local government upon a showing that required mitigation will be completed under an existing permit or equivalent authorization by the county provided such permit or authorization is subject to enforcement through administrative and judicial remedies. 5. The amount of development constructed to date is approximately 552 residential dwelling units, 145,843 square feet of retail/service, 333,442 square feet of office development, and university buildings and student housing have been completed to date. Additionally, lands have been developed for infrastructure, water management facilities, parks and open space uses in accordance with the approved DRI and SRA master plans. 6. The development proposed after rescission shall comply with (1) the provisions of Resolution No. 2004-89 adopted on March 23, 2004 and Resolution No. 2005-234A on June 14, 2005, as amended, (`the SRA Documents"), which are the Planned Development Document for the Town of Ave Maria Stewardship Receiving Area; [14-CPS-01325/1 1 1 5227/1] 76 Ave Maria/DRIABN-P120130002016 4 of 6 Rev.9/08/14 170 (2) the conditions set forth in Section Three of this Resolution; (3) the Collier County Land Development Code, as it may be amended; and (4) all Developer Contribution Agreements and other applicable agreements between Collier County and Ave Maria Development, LLLP. 7. Other impacts of the development proposed after rescission will be adequately mitigated by compliance with the provisions of the SRA Documents and the Collier County Land Development Code. This includes, but is not limited to, the payment of all required impact fees, and compliance with the County's Concurrency Management System. 8. The rescission will have no adverse impact upon, and is consistent with, the Collier County Growth Management Plan and land development regulations. SECTION FIVE: CONCLUSIONS OF LAW: The Board of County Commissioners hereby makes the following conclusions of law: 1. The Town of Ave Maria DRI is eligible for rescission because the development within a rural land stewardship area created or recognized under Section 163.3248, F.S. is now exempt from review under Section 380.06(24)(m), F.S. 2. The development proposed after rescission is consistent with the Collier County Growth Management Plan and Land Development Code, and does not need to be authorized as a development of regional impact to proceed. 3. The development proposed after rescission is consistent with the Collier County Growth Management Plan and land development regulations so long as the post- rescission development complies with the SRA Documents and the Collier County Land Development Code. 4. The proposed development after rescission will be consistent with the State Comprehensive Plan, the State Land Development Plan, and the Southwest Florida Regional Policy Plan. SECTION SIX: APPROVAL OF RESCISSION OF DRI, REPEAL OF DRI DEVELOPMENT ORDER, AS AMENDED, AND COMPLIANCE OF POST RESCISSION DEVELOPMENT WITH COUNTY REGULATIONS. 1. The application to rescind the Town of Ave Maria Development of Regional Impact is hereby approved, subject to the terms and conditions herein. 2. The Town of Ave Maria Development of Regional Impact and Development Order 05-01, as amended, is hereby rescinded in its entirety and shall be of no further force or effect. [14-CPS-01325/11152271 t] 76 Ave Maria/DRIABN-P1.,20130002016 5 of 6 Rev.9/08/14 170 3. The development proposed after rescission shall comply with (1) the provisions of Resolution No. 2004-89 adopted on March 23, 2004 and Resolution No. 2005-234A. on June 14, 2005, as amended, (`the SRA Documents"), which are the Planned Development Document for the Town of Ave Maria Stewardship Receiving Area; (2) the conditions set forth in Section Three of this Resolution; (3) the Collier County Land Development Code, as it may be amended; and (4) all DCA and applicable agreements between Collier County and Ave Maria Development, LI.,LP. 4. The terms and conditions of this Resolution shall be binding upon the Owners and their assigns or successors in interest. SECTION SEVEN: SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held invalid or unconstitutional by any court of competent jurisdiction, said holding shall in no way affect the validity of the remaining portions of this Resolution, and the remainder of this Resolution shall remain in full force and effect. SECTION EIGHT: RECORDATION. Ave Maria Development, L.,LLP shall pay for the recording of this Resolution in the Official Land Records of Collier County. SECTION NINE: EFFECTIVE DATE. This Resolution shall take effect as provided by law. This Resolution adopted this day of , 2014 after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CI.,.IRK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: Heidi Ashton-Cicko tY Managing Assistant County Attorney [14-CPS-01325/1115227/1] 76 Ave Maria/DR.TABN-PL20130002016 6 of 6 Rev. 9/08/14 170 Acct. #068779 September 19, 2014 Attn: Legals Naples Media Group 1100 Immokalee Road Naples, Florida 34110 Re: DRIABN-PL20130002016; Town of Ave Maria Development Dear Legals, Please advertise the above referenced notice on Wednesday, September 24, 2014, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500146769 170 NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, October 14, 2014, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail , Naples, Florida. The meeting will begin at 9 : 00 A.M. The title of the proposed Resolution is as follows : A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 380 . 115 (1) (b) , FLORIDA STATUTES, APPROVING THE APPLICATION FOR RESCISSION OF THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR APPROVAL OF THE RESCISSION OF THE DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER, AND COMPLIANCE WITH POST-RESCISSION DEVELOPMENT WITH COUNTY REGULATIONS; PROVIDING FOR CONDITIONS; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE . THE SUBJECT PROPERTY IS LOCATED NORTH OF OIL WELL ROAD AND WEST OF CAMP KEAIS ROAD IN SECTIONS 31 THROUGH 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA [PETITION DRIABN-PL20130002016] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, 17g which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance . Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112 , (239) 252-8380 . Assisted listening devices for the hearing impaired are available in the County Commissioners' Office . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) ) ou.nty of Collier • 1713 CLERK OF tHE CIRCUIT COURT COLLIER COUNTY CbURTH ISE Dwight E. Brock 3315 TAMIAMI TRAIkrEAST ST 102 Clerk of Courts Clerk of Courts P.O. BOX 411044 Accountant NAPLES, FLORIDA 3401-3041 Auditor * , . Custodian of County Funds y September 19, 2014 Ave Maria Development, LLLP 2600 Golden Gate Pkwy. Naples, FL 34116 Re: DRIABN-PL20130002016; Town of Ave Maria Development Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 14, 2014 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Wednesday, September 24, 2014. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ------)AksuiL__ rn� Martha Vergara, Deputy Clerk Enclosure Phone - (239) 252-2646 Fax - (239) 252-2755 Website - www.collierclerk.corn Email - collierclerk@collierclerk.com 170 -County of Collier CLERK OF 'THE CIRCUIT COURT COLLIER COUNTY CbURTHA1SE Dwight E. Brock 3315 TAMIAMI TRAIii EAST SA 102 Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 341p1-3044 Auditor Custodian of County Funds 4 September 19, 2014 Coleman, Yovanovich & Koester, P.A. Attn: Richard D. Yovanovich, Esquire Northern Trust Building 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 Re: DRIABN-PL20130002016; Town of Ave Maria Development Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 14, 2014 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Wednesday, September 24, 2014. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure -___-_--_� --`^ Phone - (239) 252-2646 �--_ Fax - (239) 252-2755 — Website - www.collierclerk.com Email - collierclerk@collierclerk.com Zig , ou_nty of Collier CLERK OF tHE CIRCUITCOURT COLLIER COUNTY CbURTH ►JSE Dwight E. Brock 3315 TAMIAMI TRAIIrEAST ST 102 Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA 34p1-304 Auditor 41"- Custodian of County Funds September 19, 2014 Q. Grady Minor & Associates, Inc. Attn: D. Wayne Arnold, AICP 3800 Via Del Rey Bonita Springs, FL 34134 Re: DRIABN-PL20130002016; Town of Ave Maria Development Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 14, 2014 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Wednesday, September 24, 2014. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 252-2646 Fax - (239) 252-2755 Website - www.collierclerk.com Email - collierclerk@collierclerk.com NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION 170 Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, October 14, 2014, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tarniami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title or the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY.COMMISSINERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 380.115(1)(b), FLORIDA STATUTES, APPROVING THE APPLICATION FOR RESCISSION OF THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FOR FINDiNCS OF FACT AND CONCLUSIONS OF LAW, PROVIDING FOR APPROVAL OF THE RESCISSION OF THE DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER, AND COMPLIANCE WiTH POST . RESCISSION DEVELOPMENT WITH COUNTY REGULATIONS; PROVIDING FOR CONDITIONS, PROVIDING FOR RECORDATION, PROVIDING FOR"SEVERABILlTYAND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED NORTH OF OIL WELL ROAD AND WEST OF CAMP K•EAIS ROAD IN SECTIONS 31 THROUGH 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA [PETITION DRIABN-PL2OI30002016] A copy of the proposedResolution is on file with the Clerk to the Board and Is available for inspection. All interested parties are inv=ited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item tobe addressed. individual speakers will be limited to 3 minutes on any: item. The selection of an individual to speak on behalf of an organization or group is encourages. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board aoertcla. packets must submit said material a minimum of 3 weeks prior to the respective oubIic hearing. In any case, written materials intended to be considered by the 3oard shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a;permanent part of the record. Any person who deciides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. if you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-3380. Assisted listening devices for the hearing impaired are available in the County Commissioners" Office BOARD OF COUNTY' COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROOK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) September 24, 2014 No: 2035873 170 Martha S. Vergara From: Ashton, Heidi Sent: Friday, September 19, 2014 4:46 PM To: Martha S. Vergara; Neet, Virginia; Rodriguez, Wanda; Deselem, Kay Subject: RE: DRIABN-PL20130002016 -Town of Ave Maria Development Looks okay. Heidi Ashton-Cicko Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Original Message From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday, September 19, 2014 4:05 PM To: NeetVirginia; RodriguezWanda; AshtonHeidi; DeselemKay Subject: DRIABN-PL20130002016-Town of Ave Maria Development Hello All, Please see attached ad proof, and let me know of any changes ASAP! Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com, quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 170 Martha S. Vergara From: Deselem, Kay Sent: Friday, September 19, 2014 5:19 PM To: Martha S. Vergara Subject: RE: DRIABN-PL20130002016 -Town of Ave Maria Development Looks fine. Kay Deselem,AICP, Principal Planner Zoning Services--Planning &Zoning Department Growth Management Division--Planning& Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-252-2931 Fax: 239-252-6357 kaydeselem@colliergov.net Original Message From: Martha S.Vergara [mailto:Martha.Vergarai collierclerk.com] Sent: Friday, September 19, 2014 4:05 PM To: NeetVirginia; RodriguezWanda; AshtonHeidi; DeselemKay Subject: DRIABN-PL20130002016-Town of Ave Maria Development Hello All, Please see attached ad proof, and let me know of any changes ASAP! Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com, quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 170 Martha S. Vergara From: Neet, Virginia Sent: Monday, September 22, 2014 8:32 AM To: Martha S. Vergara Subject: FW: DRIABN-PL20130002016 - Town of Ave Maria Development Missing an hyphen on this one as well Original Message From: AshtonHeidi Sent: Friday, September 19, 2014 4:46 PM To: Martha S. Vergara; NeetVirginia; RodriguezWanda; DeselemKay Subject: RE: DRIABN-PL20130002016-Town of Ave Maria Development Looks okay. Heidi Ashton-Cicko Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Original Message From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.comj Sent: Friday, September 19, 2014 4:05 PM To: NeetVirginia; RodriguezWanda; AshtonHeidi; DeselemKay Subject: DRIABN-PL20130002016 -Town of Ave Maria Development Hello All, Please see attached ad proof, and let me know of any changes ASAP! Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com, quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 1 Martha S. Vergara 17Q From: Polidora, Carol <cpolidora@naplesnews.com> Sent: Monday, September 22, 2014 9:26 AM To: Martha S. Vergara Subject: RE:Ad Confirmation Martha, Below is what is in the ad. The hyphen again is there...not sure why it didn't show in the proof. It will publish as shown below.. proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,i FLORIDA,PURSUANT TO SECTION 380115(1)(b), FLORIDA STATUTES,APPROVING! THE APPLICATION FOR RESCISSION OF THE TOWN OF AVE MARIA DEVELOPMENT - OF REGIONAL IMPACT;PROVIDING FOR FINDINGS OF FAG AND CONCLUSIONS OF: LAW; PROVIDING FOR APPROVAL OF THE RESCISSION OF THE DEVELOPMENT OF! REGIONAL IMPACT DEVELOPMENT ORDER, AND COMPLIANCE WITH POST- i RESCISSION DEVELOPMENT WITH COUNTY REGULATIONS; PROVIDING FOR: CONDITIONS;PROVIDING FOR RECORDATION;PROVIDING FOR SEVERABILITY AND! PROVIDING FOR AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED NORTH i OF OIL WELL ROAD AND WEST OF CAMP KEAI.S ROAD IN SECTIONS 31 THROUGH' 33,TOWNSHIP 46 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16: THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COWER COUNTY,! FLORIDA[PETITION DR IABN:PL201340020161 A copy of the proposed Resolution is on file with the Clerk to the Board and is! available for inspection. All interested parties are invited to attend and be heard. i Original Message From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, September 22, 2014 8:45 AM To: Polidora, Carol Subject: RE: Ad Confirmation Carol, The legal dept is also saying that this ad is missing a hyphen... Is it there and we just aren't seeing it in the proof...? Title line 6-7, at the end..reads: REGIONAL IMPACT DEVELOPMENT ORDER, AND COMPLIANCE WITH POST RESCISSION DEVELOPMENT Should read: REGIONAL IMPACT DEVELOPMENT ORDER, AND COMPLIANCE WITH POST- RESCISSION DEVELOPMENT Ugh!!!! Martha Original Message From: Polidora, Carol [mailto:cpolidora@naplesnews.com] Sent: Friday,September 19, 2014 3:53 PM 1 lID Martha S. Vergara From: Neet, Virginia Sent: Monday, September 22, 2014 9:32 AM To: Martha S. Vergara Subject: RE: DRIABN ad with hyphen Thank you!!! From: Martha S. Vergara [mailto:Martha.Vergara©collierclerk.com] Sent: Monday, September 22, 2014 9:29 AM To: NeetVirginia Subject: DRIABN ad with hyphen From: Polidora, Carol [mailto:cpolidorana naplesnews.com] Sent: Monday, September 22, 2014 9:26 AM To: Martha S. Vergara Subject: RE: Ad Confirmation Martha, Below is what is in the ad. The hyphen again is there...not sure why it didn't show in the proof. It will publish as shown Mow.. proposed Resolution is as tollows: A RESOLUTION Of THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,;i FLORIDA,PURSUANT TO SECTION 380.115(1)(b}, FLORIDA STATUTES,APPROVING! THE APPLICATION FOR RESCISSION OF THE TOWN OF AVE MARIA DEVELOPMENT - OF REGIONAL IMPACT;PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS Of: LAW; PROVIDING FOR APPROVAL OF THE RESCISSION OF THE DEVELOPMENT OF! REGIONAL IMPACT DEVELOPMENT ORDER, AND COMPLIANCE WITH POST- RESCISSION DEVELOPMENT WITH COUNTY REGULATIONS; PROVIDING FOR CONDITIONS;PROVIDING FOR RECORDATION;PROVIDING FOR SEVERABILITY AND: PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED NORTH' OF OIL WELL ROAD AND WEST Of CAMP KENS ROAD IN SECTIONS 31 THROUGH 33,TOWNSHIP 46 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16: THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY,! FLORIDA'PETITION DRIABN.-P12o1a0o02016J A copy of the proposed Resolution is on file with the Clerk to the Board and is! - available for inspection. All interested parties are invited to attend and be heard. Original Message From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, September 22, 2014 8:45 AM To: Polidora, Carol Subject: RE: Ad Confirmation Carol, The legal dept is also saying that this ad is missing a hyphen... Is it there and we just aren't seeing it in the proof...? 1 170 Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News - + BCC/ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 NOTICE OF MEETING NOTICE OF MEETING NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION REFERENCE : 068779 4 5 0 014 6 7 6 9 2014, in the Boardroom, 3rd Notice is herebyy given that tie Board of County Commissioners of Collier Coun y Co will hold a public hearing on Tuesdllay, Octobery 14, 20nment •Center, 3299 East 59755144 NOTICE OF PUBLIC HE Floor, Administration Florida.ligThe meeting will begin at 9:00 A.M.The title of the Tamiami Trail,Naples, proposed Resolution Is as follows: State o f Florida A RESOLUTION THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OFATH SECTION 3U ( FLORIDA OFCOUNTY, Counties of Collier and Lee THE APPLICATION FOR ORESCISSION OF THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT;PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF Before the undersigned authority, persor. LAW;PROVIDING FOR APPROVAL OF THE RESCISSION OFM;HE DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER, AND COLIANCE WITH POST- appeared Dan McDermott, says that he Serve RESCISSION DEVELOPMENT WITH COUNTY REGULATIONS; PROVIDING FOR CONDITIONS;PROVIDING FOR RECORDATION;PROVIDING FOR SEVERABILITY AND Inside Sales Supervisor, of the Naples Dal PROVIDING FOR AN EFFECTIVE DATE.THE SUBJECT PROPERTY IS LOCATED NORTH OF OIL WELL ROAD AND WEST E CAMP KEAIS ROAD IN SECTIONS 31 THROUGH a daily newspaper published at Naples, in OF TOWNSHIP T SOUTH,RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, County, Florida: distributed in Collier FLORIDAIPETITIONDRIABN•PL20130002016] and Lee counties of Florida; that the atta A copy of the proposed Resolution is on file with the Clerk to the Board and is available for Inspection.All Interested parties are invited to attend and be YearW.ithe copy of advertising was published In Sald to s eak on any agenda item must reg r NOTE:. All Persons wishing P tem. The selection of an newspaper on dates listed. cont Administrator rie to presentation of the agenda item ee be addressed. r y p is encouraged. If Individual speakers will be limited to 3 minutes on aor ro organization may be Affiant further says that the said es lei individual to speak on behalf of an organization or group y P recognized by the Chair, a spokesperson for a group News is a newspaper published at Naples, 1.r, allotted 10 minutes to speak on an item. Collier County, Florida, and that the said pmustnsubto mtasaid material arminmumhic materials 3 weeksincluded priorthe Bo erd pen e packets hearing. In any case, written materials intended to be considered by the newspaper has heretofore been continuously public ro riate Count staff a minimum of seven da s Board shall be submitted to the app p. Y day and has been entered as second class ma prior to the public hearing. All material used in presentations before the Boar will become a permanent part of the record. matter a t the post office 1 n Naples, l n Sal Any person who decides to appeal a of the eedBoardto lelnsure that a verbatim need a record of � Collier County, Florida, for a period of 1 proceedings fwhich record includes the testimony and e record o thhoe de id do thereto aal a decision ore, may next preceding the first publication of the evidence upon which the appeal is based. attached copy of advertisement; and affiant ou are entitled,et no cost to you,to the provision If you are a person with a disability who needs any accommodation in or er o participatea this proceeding,y Vy Naples,Flonda er.to of certain assistance. Please contact the Collier County Facilities Management further says that nhe, has neither paid nor located at 3335 Tamiami Trail East,Building impaired are available in promised any person, firm or corporation am Departmentthe ty located ners'Office.devices for the hearing discount, rebate, commission or refund for 1 BOARDOFCOUNTYCOMMISSIONERS purpose of securing this advertisement for TDOMIERCOUGTCHARMAN publication in the said newspaper. DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) Z4 �. i : .2014 PUBLISHED ON: 09/24 AD SPACE: 118 LINE FILED ON: 09/24/14 ----- -+ Signature of Affiant l� � / 1' �; 1 Personally known by me � / Sworn to and Subscribed . fore -- t�Ais day of V2O l . )°--6.-6V( ! .�Y °, CAROL POLIDORA ?::::17'',..i ;:::.•-.....„,..,--.-::: ` MY COMMISSION#EE 851758 :.; ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 170 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office • at the time the item is placed on the agenda. All completed routing slips and original documents must be received intheeounty Attorney,Office no later • than Monday preceding the Board meeting. **NEW** ROUTING SLIP 2-Q-frY4j4, (0{i, Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alr a complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the Coun Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office HA C. /0141 4. BCC Office Board of County /11 Commissioners ' Age /c/ /0/74/ 5. Minutes and Records Clerk of Court's Office 11(Y\ tO(11(lq z: 5o PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Kay Deselem Phone Number 252-2931 Contact/ Department Agenda Date Item was October 14,2014 ✓ Agenda Item Number 17.D Approved by the BCC r v.,1e r .... -Si:\ Type of Document Resolution qq , 1 Number of Original D Attached U/�'-p 2O Documents Attached PO number or accounto,,-' number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? ICA 2. Does the document need to be sent to another agency for additional signatures? If yes, K.11> provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be K.p signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's K.D Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the K,D document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's K.D signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip KD should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 14,2014 and all changes made K. N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. . ,this line. 9. Initials of attorney verifying that the attached document is the version approved by the /A is not BCC,all changes directed by the BCC have been made,and the document is ready for t \�' � an option for Chairman's signature. \ this line. 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 7 0 -Eou.nty of Collier CLERK OF tHE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY CdURTH�IlISE Clerk of Courts 3315 TAMIAMI TRAII,•FAST STE 102 Accountant Clerk of Courts P.O. BOX 41044 Auditor NAPLES, FLORIDA 3401-3044Custodian of County Funds October 24, 2014 Southwest Florida Regional Planning Council Attn: David Crawford, AICP 1926 Victoria Avenue Fort Myers, Florida 33901 Re: Resolution 2014-220 — Rescission of the Town of Ave Maria Development of Regional Impact Development Order Transmitted herewith is a certified copy of the above referenced document for your records, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, October 14, 2014, during Regular Session. Very truly yours, DWIGHT E. BROCK, CLERK Martha Vergara, De• $ Clerk Enclosure Phone - (239) 252-2646 Fax - (239) 252-2755 Website - www.collierclerk.com Email - collierclerk@collierclerk.com 170 iou.nty of Collier CLERK OF &'H E CIRCUIT COURT Dwight E. Brock COLLIER COUNTY CdURTHC�►JSE Clerk of Courts 3315 TAMIAMI TRAI1JAST SA 102 Accountant Clerk of Courts P.O. BOX 413044 Auditor NAPLES, FLORIDA 340pf1-3044 Custodian of County Funds `Yr October 24, 2014 Florida Department of Economic Opportunity Caldwell Building Attn: Scott Rogers, Planning Analyst 107 E. Madison Street Tallahassee, Florida 32399 Re: Resolution 2014-220 — Rescission of the Town of Ave Maria Development of Regional Impact Development Order Transmitted herewith is a certified copy of the above referenced document for your records, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, October 14, 2014, during Regular Session. Very truly yours, DWIGHT E. BROCK, CLERK .►_ Martha Vergara, De. C -r Enclosure Phone - (239) 252-2646 Fax - (239) 252-2755 Website - www.collierclerk.com Email - collierclerk@collierclerk.com 17D RESOLUTION NO. 14 -2 2 0 RESCISSION OF THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PURSUANT TO SECTION 380.115(1)(b), FLORIDA STATUTES, APPROVING THE APPLICATION FOR RESCISSION OF THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR APPROVAL OF THE RESCISSION OF THE DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER, AND COMPLIANCE WITH POST- RESCISSION DEVELOPMENT WITH COUNTY REGULATONS; PROVIDING FOR CONDITIONS; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED NORTH OF OIL WELL ROAD AND WEST OF CAMP KEAIS ROAD IN SECTIONS 31 THROUGH 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA. [PETITION DRIABN-PL20130002016] WHEREAS, the Board of County Commissioners of Collier County, Florida approved Resolution No. 05-235 (Development Order No. 05-01) which approved a Development of Regional Impact (DRI) known as the Town of Ave Maria DRI on June 14, 2005; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth as Exhibit A to Resolution No. 05-235 (Development Order No. 05-01), as amended, to correct a scrivener's error by Resolution No. 05-377 adopted on November 1, 2005 (the"Property"); and WHEREAS, the Town of Ave Maria DRI was amended by Resolution No. 08-153 (Development Order 08-01) which revised the Development Order relative to the Affordable Housing Section and by Resolution No. 11-132 (Development Order 11-03) which revised Development Order Exhibit "C" and Map "H" by dividing Town Center 2 into Town Center 2a and Town Center 2b, relocating Town Center 2b to Oil Well Road, and relocating an access point on Oil well Road; and INSTR 5045322 OR 5089 PG 40 RECORDED 10/28/2014 8:53 AM PAGES 6 [14-CPS-01325/1115227/11 76 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Ave Maria/DRIABN-PL20130002016 1 of 6 COLLIER COUNTY FLORIDA REC$52.50 Rev. 9/08/14 Cq 17D WHEREAS, Section 380.115(1)(b), Florida Statutes, provides the procedure for rescission of a development of regional impact; and WHEREAS, Ave Maria Development, LLLP, as Developer and original Developer for the DRI, has applied to the Board of County Commissioners to rescind the Town of Ave Maria Development of Regional Impact pursuant to the above-referenced Statute; and WHEREAS, all owners of property within the Town of Ave Maria DRI have not consented to said rescission; and WHEREAS, the Southwest Florida Regional Planning Council considered the application; and WHEREAS, the Florida Department of Economic Opportunity has reviewed the application; and WHEREAS, all required public notices for hearings on the application have been published; and WHEREAS, the Collier County Planning Commission has conducted a public hearing on September 4, 2014 and recommended the approval of the application to rescind the Town of Ave Maria DRI and the Development Order and recommended the adoption of this Resolution rescinding the DRI and the Development Order. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: RECITALS. The Recitals in the preceding "Whereas" clauses are true and correct and are incorporated herein by reference as if repeated verbatim herein. SECTION TWO: RECESSION APPROVED. The application for the rescission of the Town of Ave Maria Development of Regional Impact and the Development Order is hereby approved in accordance with this Resolution. SECTION THREE: CONDITIONS. The following conditions will apply to any future development of the Property and will run with the Property unless and until they are modified or repealed by subsequent resolutions of the County: [14-CPS-01325/1115227/1] 76 Ave Maria/DRIABN-PL20130002016 2 of 6 Rev. 9/08/14 Cq 1713 HISTORICAL AND ARCHEOLOGICAL SITES The research used for the ADA will be utilized to develop text for a historical marker commemorating the Second Seminole War activities, which will be placed at an appropriate location within Ave Maria. The historical marker, size, content, and location will be subject to approval by Zoning Services Historical Review staff. This marker will be installed by no later than December 31, 2014. EDUCATION Notwithstanding the abandonment of the DRI, upon request by the School District, (but in no event later than June 1st, 2020, unless such date is extended by the School District in writing, at its discretion) the Developer shall dedicate approximately 60 developable acres for a high school and ancillary facilities, outside the Town of Ave Maria and in a location requested by the School District staff that is approximately two (2) miles west of Camp Keais Road, north of Immokalee Road and generally situated in Sections 20, 21, or 22 in Township 47, Range 28 of Collier County, Florida or in another location that is agreeable to both Developer and the School District. The School District's acceptance of the dedicated site shall be contingent upon a satisfactory feasibility study demonstrating that the land is suitable for the School District's intended use as a high school site with appropriate environmental conditions, useable acreage and direct legal access to a public right-of-way. The Developer shall receive educational impact fee credits in exchange for the dedicated site as set forth in a Tri-party Developer Contribution Agreement (including the Developer, the School District and Collier County) with the amount determined in accordance with a mutually agreed land appraisal valuation for the dedicated site. POLICE AND FIRE PROTECTION A. Developer shall assist in the development, building, and funding of a Multi- purpose Public Safety Center to house emergency response personnel and equipment to ensure that the development does not dilute the existing emergency services in Immokalee and surrounding communities. B. Developer has committed to provide a temporary public safety facility and a minimum of three acres of property for a permanent joint facility which will meet the needs of the Immokalee Fire District, Collier Emergency Medical Services, and the Collier Sheriff's Department as the Town grows. In addition to the commitment to dedicate a minimum of three acres for a joint facility to [14-CPS-01325/1115227/11 76 Ave Maria/DRIABN-PL20130002016 3 of 6 Rev. 9/08/14 Cq 170 house EMS/Fire Station/Sheriff sub-station, Developer agrees to reserve an additional one acre site within the Town for "Government Building(s)" adjacent to the joint facility. This site shall be reserved by Developer until development of whichever is the latter in time: 75% of the total number of residential dwelling units or 75% of total area of non-residential uses; as measured at time of building permit approvals. If such a commitment is not exercised by timely notice from the County to the Developer as stated immediately above, then this one acre site reservation shall terminate. The one acre site shall be dedicated to the County in exchange for impact fee credits upon the County committing to construct a "Government Building(s)" facility by identifying same within the County's CIP. SECTION FOUR: FINDINGS OF FACT. The Board of County Commissioners hereby makes the following findings of fact: 1. Developer owner requested the rescission of the Development Order because circumstances and the DRI law have changed such that development within a rural land stewardship area created under Section 163.3248, F.S. is now exempt from the DRI review. 2. The Town of Ave Maria Stewardship Receiving Area (the "SRA") created by Resolution No. 2004-89 adopted on March 23, 2004 and Resolution No. 2005-234A on June 14, 2005, as amended are within the Rural Land Stewardship Area Overlay. 3. Under Section 163.3248(11), F.S., the rural land stewardship area located in Collier County is "to be recognized as a statutory rural land stewardship area". 4. Under Section 380.115, F.S., a development that has a DRI Development Order, but is no longer required to undergo DRI review because it is now exempt under 380.06(24) shall be rescinded by the local government upon a showing that required mitigation will be completed under an existing permit or equivalent authorization by the county provided such permit or authorization is subject to enforcement through administrative and judicial remedies. 5. The amount of development constructed to date is approximately 552 residential dwelling units, 145,843 square feet of retail/service, 333,442 square feet of office development, and university buildings and student housing have been completed to date. Additionally, lands have been developed for infrastructure, water management facilities, parks and open space uses in accordance with the approved DRI and SRA master plans. 6. The development proposed after rescission shall comply with (1) the provisions of Resolution No. 2004-89 adopted on March 23, 2004 and Resolution No. 2005-234A on June 14, 2005, as amended, (`the SRA Documents"), which are the Planned Development Document for the Town of Ave Maria Stewardship Receiving Area; [14-CPS-01325/1115227/1] 76 Ave Maria/DRIABN-PL20130002016 4 of 6 Rev. 9/08/14 CAS,. 170 (2) the conditions set forth in Section Three of this Resolution; (3) the Collier County Land Development Code, as it may be amended; and (4) all Developer Contribution Agreements and other applicable agreements between Collier County and Ave Maria Development, LLLP. 7. Other impacts of the development proposed after rescission will be adequately mitigated by compliance with the provisions of the SRA Documents and the Collier County Land Development Code. This includes, but is not limited to, the payment of all required impact fees, and compliance with the County's Concurrency Management System. 8. The rescission will have no adverse impact upon, and is consistent with, the Collier County Growth Management Plan and land development regulations. SECTION FIVE: CONCLUSIONS OF LAW: The Board of County Commissioners hereby makes the following conclusions of law: 1. The Town of Ave Maria DRI is eligible for rescission because the development within a rural land stewardship area created or recognized under Section 163.3248, F.S. is now exempt from review under Section 380.06(24)(m), F.S. 2. The development proposed after rescission is consistent with the Collier County Growth Management Plan and Land Development Code, and does not need to be authorized as a development of regional impact to proceed. 3. The development proposed after rescission is consistent with the Collier County Growth Management Plan and land development regulations so long as the post- rescission development complies with the SRA Documents and the Collier County Land Development Code. 4. The proposed development after rescission will be consistent with the State Comprehensive Plan, the State Land Development Plan, and the Southwest Florida Regional Policy Plan. SECTION SIX: APPROVAL OF RESCISSION OF DRI, REPEAL OF DRI DEVELOPMENT ORDER, AS AMENDED, AND COMPLIANCE OF POST RESCISSION DEVELOPMENT WITH COUNTY REGULATIONS. 1. The application to rescind the Town of Ave Maria Development of Regional Impact is hereby approved, subject to the terms and conditions herein. 2. The Town of Ave Maria Development of Regional Impact and Development Order 05-01, as amended, is hereby rescinded in its entirety and shall be of no further force or effect. [14-CPS-01325/1115227/1] 76 Ave Maria/DRIABN-PL20130002016 5 of 6 Rev. 9/08/14 Cq 170 3. The development proposed after rescission shall comply with (1) the provisions of Resolution No. 2004-89 adopted on March 23, 2004 and Resolution No. 2005-234A on June 14, 2005, as amended, (`the SRA Documents"), which are the Planned Development Document for the Town of Ave Maria Stewardship Receiving Area; (2) the conditions set forth in Section Three of this Resolution; (3) the Collier County Land Development Code, as it may be amended; and (4) all DCA and applicable agreements between Collier County and Ave Maria Development, LLLP. 4. The terms and conditions of this Resolution shall be binding upon the Owners and their assigns or successors in interest. SECTION SEVEN: SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held invalid or unconstitutional by any court of competent jurisdiction, said holding shall in no way affect the validity of the remaining portions of this Resolution, and the remainder of this Resolution shall remain in full force and effect. SECTION EIGHT: RECORDATION. Ave Maria Development, LLLP shall pay for the recording of this Resolution in the Official Land Records of Collier County. SECTION NINE: EFFECTIVE DATE. This Resolution shall take effect as provided by law. This Resolution adopted this I L day of Q C.4o { r , 2014 after motion, second and majority vote. : BOA OF C044 TY COMMISSIONERS :15*IOW `'BRDCK CLERK COLL R CO /TY, FLORIDA 4-11 air,,;.. _,, :$11r ft..v1•."- &ea.. a2-, f . �1erk TOM ENN , Chairman Att. s 0 signatt1® ` a;� Appr ved as to form and legality: l7 O&) A Heidi As ton-Cicko Managing Assistant County Attorney [14-CPS-01325/1115227/1] 76 Ave Maria!DRIABN-PL20130002016 6 of 6 Rev.9/08/14 CA