Agenda 10/14/2014 Item # 8A Proposed Agenda Changes
Board of County Commissioners Meeting
October 14,2014
Move Item 8A to Item 17D: Pursuant to Florida Statutes §380.115(1)(b), the
petitioner has demonstrated that all of the required mitigation was met in
proportion to the amount of development that existed at the time of this request,
therefore approval by the BCC is ministerial.
This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required
to be sworn in. Recommendation to approve a resolution 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]. (Staff's request)
Continue Item 9A to the October 28,2014 BCC Meetin2: Recommendation to deny the single
petition within the 2013 Cycle 3 Growth Management Plan Amendment for transmittal to the
Florida Department of Economic Opportunity for Review and Comments response for the
Vincentian Mixed Use Subdistrict Transmittal Hearing. (Petitioner's request)
Continue Item 16A1 to the November 18,2014 BCC Meetin2: Recommendation to approve
final acceptance of the water,sewer and irrigation utility facilities for the Lipari-Ponziane
PL#20130002052. (Staffs request)
Withdraw Item 16E2: Recommendation to approve periodic auctions,acceptance of bids and/or
donations to 501C3 organizations throughout Fiscal Year 2015 for the disposal of Collier County
surplus vehicles and equipment and authorize transfer paperwork; and accept, ratify,and record a
report of those asset items once the disposal has been finalized. (Staff's request)
Move Item 16E4 to Item 11E: Recommendation to accept and ratify reports for staff-approved
change orders,changes to work orders and surplus credit for returned inventory. (Commissioner
Henning's request)
Time Certain Requests:
Item 10A to be heard at 9:30 a.m.
Item 11C to be heard at 10:45 a.m.
Item 11B to be heard at 1:00 p.m.
10/14/2014 8:50 AM
10/14/2014 8.A.
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve a
resolution 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].
OBJECTIVE: To have the Board of Zoning Appeals (BZA) review staff's findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPC) regarding the above referenced petition and render a decision regarding this DRI
rescission petition; and ensure the project is in harmony with all the applicable codes and
regulations in order to ensure that the community's interests are maintained.
CONSIDERATIONS: The petitioner seeks to rescind The Town of Ave Maria Development
of Regional Impact (DRI) in accordance with Florida Statutes, Subsection 380.06 and 380.115.
These statutes provide the procedure for local governments to follow when a developer
proposes to abandon a DRI. Originally the applicant filed an application to abandon the DRI
Development but it was determined by the State Department of Economic Opportunity that the
correct process would be to rescind rather than abandon the DRI.
DPI HISTORY: The Board of Collier County Commissioners (BCC) approved the DRI DO for
this project with Development Order #05-01 (Resolution #05-235). The project was originally
approved for a total of 11,000 dwelling units; 690,000 gross square feet of retail/service;
510,000 square feet of office; 400 hotel rooms; 6,000 student university with ancillary uses; a
maximum of 450 assisted living facilities, 148,500 square feet of civic, community and
miscellaneous facilities; 35,000 square feet of medical facilities; public and private schools;
churches and other places of worship; a golf course and "those uses customarily associated with
a university such as student and administration housing, recreation and sports areas, and support
facilities".
On May 27, 2008, an amendment was approved in DRI DO #08-01 (Resolution #08-153). That
amendment approved changes to the affordable housing component of the project. DRI DO
#11-03 (Resolution #11-132) approved on July 26, 2011, amended the project approval by
revising Exhibit C, the SRA Master Plan to divide Town Center 2 into Town Center 2a and
Town Center 2b and moving Town Center 2b to Oil Well Road. Also approved was the
relocation of an access point on Oil Well Road.
On November 13, 2012, the BCC approved DRI DO #12-02 (Resolution #12-233) that added
another access point onto Oil Well Road.
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10/14/2014 8.A.
FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to
help offset the impacts of each new development on public facilities. These impact fees are used
to fund projects identified in the Capital Improvement Element of the Growth Management Plan
as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in
order to meet the requirements of concurrency management, the developer of every local
development order approved by Collier County is required to pay a portion of the estimated
Transportation Impact Fees associated with the project in accordance with Chapter 74 of the
Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a
building permit include building permit review fees. Finally, additional revenue is generated by
application of ad valorem tax rates, and that revenue is directly related to the value of the
improvements. Please note that impact fees and taxes collected were not included in the criteria
used by staff and the Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE):
The subject property is designated on the Future Land Use Map and Map Series as
Agriculture/Rural, Agriculture/Rural Mixed Use District and is within the Rural Lands
Stewardship Area Overlay (RLSA). The Town of Ave Maria is an approved and partially
developed Stewardship Receiving Area (SRA) and Development of Regional Impact (DRI), both
of which were deemed consistent with the Future Land Use Element at time of approval in 2005.
The SRA document, which includes an SRA Master Plan, is incorporated by reference into the
DRI Development Order(DO).
State law (Ch. 380.06, F.S.) now provides that any development within an RLSA created
pursuant to Ch. 163.3248, F.S. —as is the case for the Collier County RLSA- is exempt from the
DRI process. The petitioner is proposing to abandon (rescind) this DRI since it is no longer
required by Florida Statute. The SRA remains in full force and effect. There are no components
of the DRI development order relative to Future Land Use Element (FLUE) consistency that are
not contained within the SRA.
Based upon the above analysis, staff finds that the proposed rescission of the Town of Ave Maria
DRI Development Order may be deemed consistent with the FLUE of the Growth Management
Plan.
Unrelated to FLUE consistency, it is staff's understanding that the DRI was approved with a high
internal traffic capture rate based, in part, on the high number of affordable housing units to be
built within the Town (over 2,000 units). With this rescission, there would no longer be a
requirement to construct those affordable housing units within the Town—or at all.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The
CCPC/EAC heard this petition on September 4, 2014. By a vote of 6 to 0 (Commissioner Rosen
was excused), with the motion made by Commissioner Chrzanowski and seconded by
Commissioner Doyle, the CCPC recommended forwarding this petition to the BZA with a
recommendation of approval.
Letters in opposition to this petition have been received; therefore the petition cannot be placed
on the Summary Agenda.
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10/14/2014 8.A.
LEGAL CONSIDERATIONS,: Section 380.115(1) provides "...A development that has
received a development-of-regional-impact development order pursuant to s. 380.06, but is no
longer required to undergo development-of-regional-impact review... shall be governed by the
following procedures: ...(b) If requested by the developer or landowner, the development-of-
regional-impact development order shall be rescinded by the local government having
jurisdiction upon a showing that all required mitigation related to the amount of development
that existed on the date of rescission has been completed or will be completed under an existing
permit or equivalent authorization issued by a government agency as defined in s. 380.031(6),
provided such permit or authorization is subject to enforcement through administrative or
judicial remedies."
This item is approved as to form and legality. A majority vote of the Board is needed for
adoption. --HFAC
RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further
recommends that the BZA approves the request subject to the attached resolution.
Prepared by: Kay Deselem, AICP, Principal Planner, Zoning Department, Growth Management
Division
Attachments:
1) CCPC Staff Report
2) Neighborhood Information Meeting Synopsis
3) Application Backup Information due to the size of the document it is accessible at:
http://www.colliereov.net/ftp/AQendaOct1414/GrowthMamt/DRI Ave Maria Application.pdf
4) Resolution
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10/14/2014 8.A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 8.8.A.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve a resolution 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].
Meeting Date: 10/14/2014
Prepared By
Name: DeselemKay
Title:Planner, Principal, Zoning&Land Development Review
9/18/2014 2:44:31 PM
Approved By
Name: BellowsRay
Title: Manager-Planning, Comprehensive Planning
Date: 9/18/2014 5:17:20 PM
Name: BosiMichael
Title: Director-Planning and Zoning, Comprehensive Planning
Date: 9/19/2014 2:09:51 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 9/23/2014 11:27:55 AM
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
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10/14/2014 8.A.
Date: 9/23/2014 3:18:49 PM
Name: AshtonHeidi
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 9/24/2014 12:10:11 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/24/2014 4:08:53 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 10/6/2014 1:48:45 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/7/2014 9:48:18 AM
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10/14/2014 8.A.
AGENDA ITEM 9-D
Co ler County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT
GROWTH MANAGEMENT DIVISION--PLANNING®ULATION
HEARING DATE: SEP'T'EMBER 4,2014
SUBJECT: DRIABN-PL20130002016: THE TOWN OF AVE MARIA [COMPANION TO:
SRAA-PL20130002012: THE TOWN OF AVE MARIA SRA]
PROPERTY OWNERS&APPLICANT/AGENT:
Owners/Applicants:
Barron Collier Partnership, LLLP, owner AMTJLT, LLC, owner
2600 Golden Gate Pkwy, Ste. 200 2600 Golden Gate Pkwy, Ste. 200
Naples, FL 34105 Naples,FL 34108
Ave Maria Development LLLP, applicant/owner CC Ave Maria, LLC,owner
2600 Golden Gate Pkwy. 2600 Golden Gate Pkwy.
Naples, FL 34101 Naples, FL 34101
Agents:
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
There are numerous property owners that are not participating in this petition.
REQUESTED QUESTED ACTHJN:
The petitioner seeks to rescind The Town of Ave Maria Development of Regional Impact (DRI)
Development Order.
GEOGRAPHIC LOCATION:
The subject property, consisting of 5,027 acres. is located on the north side of Oil Well Road, the west
side of Camp Keais Road and approximately 6,000 feet south of Immokalee Road (CR-846). The property
DRIABN-PL20130002010:The Town of Ave Maria Page 1 of 9
Septerrdaer 4.2014 COPC Packet Page -19-
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10/14/2014 8.A.
lies within Sections 4-9 & 16-18, Township 48 South, Range 29 East and Sections 31-33 Township 47
South,Range 29 East. (See the location map on following page)
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner seeks to rescind The Town of Ave Maria Development of Regional Impact (DRI) in
accordance with Florida Statutes, Subsection 380.06 and 380.115. These statutes rule provides the
procedure for local governments to follow when a developer proposes to abandon a DRI. Originally the
applicant filed an application to abandon the DRI Development but it was determined by the State
Department of Economic Opportunity that the correct process would be to rescind rather than abandon the
DRI.
DRI HISTORY: The Board of Collier County Commissioners (BCC) approved the DRI DO for this
project with Development Order#05-01 (Resolution#05-235). The project was originally approved for a
total of 11,000 dwelling units; 690,000 gross square feet of retail/service; 510,000 square feet of office;
400 hotel rooms; 6,000 student university with ancillary uses; a maximum of 450 assisted living facilities,
148,500 square feet of civic, community and miscellaneous facilities; 35,000 square feet of medical
facilities; public and private schools; churches and other places of worship; a golf course and "those uses
customarily associated with a university such as student and administration house, recreation and sports
areas, and support facilities",
On May 27, 2008, an amendment was approved in DRI DO #08-01 (Resolution #08-153). That
amendment approved changes to the affordable housing component of the project. DRI DO #11-03
(Resolution#11-132) approved on July 26, 2011, amended the project approval by revising Exhibit C,the
SRA Master Plan to divide Town Center 2 into Town Center 2a and Town Center 2b and moving Town
Center 2b to Oil Well Road. Also approved was the relocation of an access point on Oil Well Road.
On November 13, 2012, the BCC approved DRI DO #12-02 (Resolution #12-233) that added another
access point onto Oil Well Road.
SOUTHWEST FLORIDA (SW)REGIONAL PLANNING COUNCIL(RPC):
This agency is not involved in the rescission process. It is a local government decision.
STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY(DEO):
This agency is not involved in the rescission process. It is a local government decision.
COUNTY STAFF ANALYSIS:
GROWTH MANAGEMENT PLAN(GRIP)CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated on the Future Land Use Map
and Map Series as Agriculture/Rural, Agriculture/Rural Mixed Use District and is within the Rural Lands
Stewardship Area Overlay (RLSA). The Town of Ave Maria is an approved and partially developed
Stewardship Receiving Area (SRA) and Development of Regional Impact (DRI), both of which were
deemed consistent with the Future Land Use Element at time of approval in 2005. The SRA document,
which includes an SRA Master Plan, is incorporated by reference into the DRI Development Order(DO).
DRIABN-PL20130002016:The Town of Ave Maria Page 2 of 9
September 4,2014 CCPC Page Packet Pa -20-
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10/14/2014 8.A.
State law (Ch. 380.06, F.S.) now provides that any development within an RLSA created pursuant to Ch.
163.3248, F.S. — as is the case for the Collier County RLSA - is exempt from the DRI process. The
petitioner is proposing to abandon(rescind)this DRI since it is no longer required by Florida Statute. The
SRA remains in full force and effect. There are no components of the DRI development order relative to
Future Land Use Element(FLUE) consistency-that are not contained within the SRA.
Based upon the above analysis, staff finds that the proposed rescission of the Town of Ave Maria DRI
Development Order may be deemed consistent with the FLUE of the Growth Management Plan.
Unrelated to FLUE consistency, it is staff's understanding that the DRI was approved with a high internal
traffic capture rate based, in part, on the high number of affordable housing units to be built within the
Town (over 2,000 units). With this rescission, there would no longer be a requirement to construct those
affordable housing units within the Town—or at all.
ZONING REVIEW:
F.S. 380.115 states the following:
(b) If requested by the developer or landowner, the development-of-regional-impact
development order shall be rescinded by the local government having jurisdiction upon a
showing that all required mitigation related to the amount of development that existed on the
date of rescission has been completed or will be completed under an existing permit or
equivalent authorization issued by a governmental agency as defined in s. 380.031(6),
provided such permit or authorization is subject to enforcement through administrative or
judicial remedies.
The application form and attendant materials all still reflect that the petition is seeking to abandon the
DRI Development Order;however the same information is applicable to both.
1. The developer's reasons for seeking to rescind,formerly abandon,the DRI;
Please refer to the applicant's agent's Exhibit F, "Explanation for Abandonment,"a quote from which
is shown below:
In 2012, the Florida Legislature recognized SRAs created in Collier County as being Rural
Land Stewardship Area under Section 163.3248, Florida Statutes. In 2013, the Florida
Legislature amended Section 380.06 Florida Statutes, which exempted development from
DRI review if it is within a rural land stewardship area created under Section 163.3248,
Florida Statutes.
Development proposed within the Town of Ave Maria SRA is no longer subject to DRI
review under Florida Statutes a DRI Development Order shall be rescinded upon request
of the developer pursuant to Section 380.115, Florida Statutes. The existing SRA master
plan and local Developer Contribution Agreements include commitments required by the
applicant to address local and regional transportation improvements, and consistency with
the Collier County Growth Management Plan. The DRI Development Order contained
conditions with regard to provisions for affordable housing. The developer has completed
the off-site donation of 28 acres of property to Habitat for Humanity of Collier County.
The developer has completed an update of the supply and demand for affordable housing
based on current market conditions, which concludes that there is a surplus of housing
DRIABN-PL20130002016:The Town of Ave Maria Page 3 of 9
September 4, 2014 CC PC Packet Page -22-
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10/14/2014 8.A.
units meeting the guidelines for affordable housing, based on the East Central Florida
RPC Methodology. A copy of this analysis is included in Exhibit I. State and Federal
agency permits have also been issued to the Developer and existing and future development
within the Town of Ave Maria will be completed in compliance with these permits.
Therefore, the DRI may be abandoned.
2.The types and amounts of the development constructed;
According to the the Agent's written "Explanation for Abandonment," the following is a summary of
development completed to date:
Development has commenced under the conditions approved by the Collier County Board
of County Commissioners under D.O. 05-01, and Resolutions 2005-235 and 2005-234A.
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.
3. The types and amounts of impacts from the project's existing and proposed development to any
resources,and existing and planned facilities;
The types and amounts of impacts were addressed in the existing DRI DO.
4. The extent to which the proposed rescission will affect areas previously set aside or identified for
preservation or protection;
The proposed abandonment should not affect any areas previously set aside or identified for preservation
or protection because the land use will still be governed by the Stewardship Receiving Area(SRA) master
plan.
5. The extent to which the developer has complied with conditions of the development order which
authorize existing development;
Staff has reviewed the DRI DO and the documents submitted with the application and has determined that
there are four areas that have outstanding commitments. These commitments are required mitigation
related to the amount of development that has occurred. These areas are affordable housing,
historical/archeological sites, education and emergency management. The DRI DO text included the
following stipulations shown in Italics with staff's comments following in regular text:
AFFORDABLE HOUSING
A. The applicant shall construct within the boundaries of the project affordable housing units in the
price ranges as defined in Collier County Comprehensive Plan, as follows: a minimum of
(1) 1,000 Moderate Income, owner-occupied housing units, that is for households whose total
gross income is greater than 80%, but does not exceed 120% of the HUD median family
income limit for Naples, Florida MSA;
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September 4,2014 CCPC Packet Page 23
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10/14/2014 8.A.
(ii) 700 Low Income housing units (50% to be owner-occupied), that is for households whose
total gross income is greater than 50%, but does not exceed 80% of the HUD median
family income limit for Naples, Florida MSA;and
(iii) 200 Very Low Income housing units, that is for households whose total gross income is less
than 50%of the HUD median family income limit for Naples, Florida MSA.
B. In addition to the above on-site affordable housing development requirements, the applicant shall
provide a 28-acre parcel of developable land to Habitat for Humanity, who has advised that this
parcel is suitable for the development of up to 150 dwelling units of very low income housing.
C. The construction of affordable housing units shall be phased at leastproportionally with the non-
residential development so as to be available as the project builds out and jobs are created
D. Very Low and Low Income rental units.
The 200 Very Low income rental units and any rental units constructed and offered to meet the
commitment for low income household for affordable housing shall be maintained at rental rates
that meet the requirements of Rule 9J-2.048, Florida Administrative Code, for these income
categories for the duration of the Development Order(15 years).
E. Low Income owner-occupied housing.
All units offered for sale in this category shall be subject to a deed restriction that if the buyer sells
the unit within five(5)years from the date of purchase, the sales price shall be limited to the initial
sales price plus a 5% per year increase, the buyer's closing costs and verifiable cost of any
improvements. There will be a lien recorded in the official record of Collier County on the
property in favor of Collier County or the Collier County Housing Development Corporation for
any amounts in excess of the above. Those entities agree and commit to enforce said lien and to
use the proceeds to maintain the affordability of such units.
F. Moderate Housing
All units in this category shall be initially offered at prices that meet the requirements of Rule 9.1-
2.048, Florida Administrative Code for moderate income housing at the time any such unit is
offered for sale. All such units shall be subject to one of the following;
(i) the unit will be subject to a restriction in the deed that limits the sales price on said unit for
a period of two (2)years to an amount equal to the original purchase price plus buyer's
closing costs, and the verifiable cost of any improvements, plus an increase of 5%per
year. Any profit in excess of the above purchase price shall be payable to Collier County
or the Collier County Housing Development Corporation. Such deed restriction shall run
in favor of the County or the Collier County Housing Development Corporation. Those
entities agree to of force this restriction and to prioritize the utilization of any funds
derived therefrom to assist affordable housing buyers to purchase units in the Town of Ave
Maria;or
(ii) a buy-back provision included in the deed which shall provide that for a period of two
years, the Seller shall repurchase the unit if offered for sale by the initial buyer at a price
that would not qualify under Rule 9J-2.048, FAC, as moderate income housing. Said buy-
back provision shall be at an amount that equals the original purchase price, buyers
closing costs and any buyer improvements, plus a 5%per year increase in the original
purchase price. After any such repurchase, Seller agrees to place the unit on the market at
the repurchase amount,plus its reasonably expected costs of resale.
The applicant's agent has provided an analysis that indicates there is a surplus of affordable housing in the
given area. Additionally, the applicant has shown that the project have met the affordable housing
commitment commensurate with the amount of development that has occurred to date.
It appears in researching the original DRI Application for Development Approval and subsequent Sufficiency
Responses, this project was allowed to use a higher internal capture rate for traffic, based in part upon the
affordable housing that was to be provided. In the DRI Application for Development Approval,the applicant
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indicated that "The Town will be a mixed-use community, planned using the principals of walkability and
self-sufficiency."
Housing,Human and Veteran Services has reviewed this petition's housing request and does not support the
removal of the affordable housing commitments. See attached report,dated August 6,2014.
Zoning and Planning Staff still have concerns from a staff perspective about affordable housing for this
project for the long term buildout, based upon market fluctuations. However, the applicant in this petition
has satisfied the affordable housing commitments pursuant to the DRI rescission process.
HISTORICAL AND ARCHEOLOGICAL SITES
The Development Order contains the following commitment:
The research used for the ADA will be utilized to develop text for a historical marker
commemorating Second Seminole War activities, which will be placed at an appropriate
location within Ave Maria.
The applicant's agent indicated in the DRI Abandonment application that this was to have been done by
2012; to date, no evidence of compliance has been provided, thus staff will include this commitment in
the DRI Abandonment resolution.
EDUCATION
The Development Order contains the following commitment:
The applicant shall dedicate a high school site of approximately 60 acres in a location
requested by School Board staff that is approximately two miles west of Camp Keais Road
north of Immokalee Road.
Zoning staff has contacted School Board staff who has indicated they wish to see the following stipulation
included in any DRI Abandonment approval:
Notwithstanding the abandonment of the DRI, upon request by the School District,(but in no
event later than June 1st, 2017, unless such date is extended by the School District in writing,
at its discretion) the applicant 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.
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 applicant shall receive educational impact fee credits in exchange for the dedicated site
as set forth in a Tri-party Developer Contribution Agreement (including the applicant, the
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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
The Development Order contains the following commitments:
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.
*****************a:**********************
The applicant 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 house EMS/Fire Station/Sheriff sub-station, Applicant
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 Applicant 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 Applicant 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.
Staff is including these stipulations in the DRI DO rescission resolution with some word-smithing to
establish time frames for items to be completed.
Additionally, staff is requesting that the petitioner provide the traffic count stations to the county.
6. The extent to which the developer has relied upon benefits granted to authorized developments of
regional impact, pursuant to Chapters 163, 403, and 380, F.S., which would not otherwise be
available after rescission;
The applicant's agent has stated that the developer of Ave Maria is not relying on benefits granted to
DRI's post rescission.
7. The extent and types of impacts the proposed rescission will have on the local comprehensive
plan and local government land development regulations;
Although the DRI DO will be rescinded, the SRA designation and the regulations contained in the SRA
documents. Those documents will ensure continued compliance with the local comprehensive plan and
local government land development regulations.
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8. The extent to which the proposed development after rescission will be inconsistent with the State
Comprehensive Plan, the State Land Development Plan, or the appropriate Comprehensive
Regional Policy Plan; and
The project remains consistent with all items noted above.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for this petition on August 13,2014.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) forward a recommendation of approval of
Petition DRIABN-PL201300002016 to the Board of County Commissioners as further limited in the
discussion above regarding Historical and Archeological Sites, Education and Police and Fire
Protection accompanying rescission resolution.
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PREPARED BY:
/ j
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b44 KO ; . (1,2acI_.∎ l.�/i !
KAY DEELEM, AICP, PRINCIPAL PLANNER DATE
DEPARTMENT OF PLANNING AND ZONING
REVIEWED BY:
/ 1 8- - /Z.- 14-
RAYM D V. BELLOWS, ZONING MANAGER DATE
DEPAR ENT OF PLANNING AND ZONING
MIKE BOSI, AICP,DIRECTOR DATE
DEPARTMENT OF PLANNING AND ZONING
APPROVED...BY:
//----) /yr
NIlCt CASA ANGUI 'A AD INIST T R DATE
GROWTH MANAGEMENT DIVISION
Tentatively scheduled for the October 14, 2014 Board of County Commissioners Meeting
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RESOLUTION NO. 14 -
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 KEATS 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
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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:
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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 Sheriffs Department as the Town grows. In addition
to the commitment to dedicate a minimum of three acres for a joint facility to
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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(1 1), 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 380.1 15, 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:
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(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.
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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 teens 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 day of , 2014 after
motion, second and majority vote.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk TOM HENNING, Chairman
Approved as to form and legality:
Heidi Ashton-Cicl:o
Managing Assistant County Attorney
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I
NAPLES DAILY NEWS « Wednesday, September 24, 2014 cc 23D
NOTICE OF MEETING ' NOTICE OF MEETING
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 KEAtS 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 IPETITION 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, 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)
5onrem er 24 Md Nn 2 r35B 3
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