Agenda 05/22/2018 Item #16E 505/22/2018
EXECUTIVE SUMMARY
Recommendation that the Board direct staff to work with Ave Maria Development, LLLP and the
Immokalee Fire District with respect to the transfer of four acres of land as now required by
Resolution 14-220, for public safety and general government use, including directing staff to
negotiate a long term lease with the Immokalee Fire District for use of the property as a Public
Safety Center.
OBJECTIVE: To provide the Town of Ave Maria and the surrounding areas with adequate EMS and
Fire services.
CONSIDERATIONS: In 2005, 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. This Development Order contained a
Developer commitment with respect to fire and police protection, which commitment is now set forth in
Resolution No. 14-220. The commitment reads as follows:
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 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.
At this point in time the Immokalee Fire District would like to proceed with developing a fire statio n on
the three-acre parcel. The County and the Developer are in disagreement with whether the Developer is
entitled to compensation for this transfer. The Immokalee Fire District is willing to provide Developer
with the requested funds for the transfer of the three-acre parcel to the County, on the condition that the
County extend the Fire District a long-term lease.
Staff is seeking direction from the Board of County Commissioners to work with both Ave Maria
Development, LLLP and the Immokalee Fire District to bring back to the Board the necessary
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05/22/2018
conveyance and leasing documents to consummate this transaction. In addition to the three-acre parcel,
Staff believes that it is appropriate at this time negotiate and bring back to the Board a transfer of the one-
acre site for impact fee credits. Staff is seeking Board approval to do so.
FISCAL IMPACT: There is no fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with
this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board direct staff to work with Ave Maria Development, LLLP and
the Immokalee Fire District with respect to the transfer of four acres of land as now required by
Resolution 14-220, for public safety and general government use, including directing staff to negotiate a
long-term lease with the Immokalee Fire District for use of the property as a Public Safety Center.
Prepared by: Len Golden Price, Administrative Services Department Head
ATTACHMENT(S)
1. Ave Maria Res. 14-220 (PDF)
2. Immokalee Fire District, Joint Public Safety Facility, Ave Maria (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.5
Doc ID: 5705
Item Summary: Recommendation that the Board direct staff to work with Ave Maria
Development, LLLP and the Immokalee Fire District with respect to the transfer of four acres of land as
now required by Resolution 14-220, for public safety and general government use, including directing
staff to negotiate a long term lease with the Immokalee Fire District for use of the property as a Public
Safety Center.
Meeting Date: 05/22/2018
Prepared by:
Title: Department Head - Administrative Svc – Administrative Services Department
Name: Len Price
05/15/2018 2:43 PM
Submitted by:
Title: Department Head - Administrative Svc – Administrative Services Department
Name: Len Price
05/15/2018 2:43 PM
Approved By:
Review:
Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 05/15/2018 3:21 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 05/16/2018 9:12 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/16/2018 9:54 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 05/16/2018 11:40 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/16/2018 2:07 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/16/2018 2:12 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/22/2018 9:00 AM
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RESOLUTION NO. 14 -220
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
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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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Packet Pg. 1210 Attachment: Ave Maria Res. 14-220 (5705 : Ave Maria land transfer)
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
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Packet Pg. 1211 Attachment: Ave Maria Res. 14-220 (5705 : Ave Maria land transfer)
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;
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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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Packet Pg. 1213 Attachment: Ave Maria Res. 14-220 (5705 : Ave Maria land transfer)
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 LPL1•.
day of 0(_'-? o hQ r"2014 after
motion, second and majority vote.
ATTEST: BOARD OF CO I TY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLL R CO/TY, FLORIDA
D P. • h.
D `ut Clerk TOM ENN ., Chairman
Attes as to Chairman s i
signature only.
Appr ved as to form and legality:
Heidi Ashton-Cicko v
Managing Assistant County Attorney
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Packet Pg. 1214 Attachment: Ave Maria Res. 14-220 (5705 : Ave Maria land transfer)
lmmokalee Fire Control District
502 New Market Road East, lmmokalee, FL.34142
Board of Fire Commissioners
ApHl 19,2018
Leo E. Ochs, Jr. County Manager
Honorable William L. McDaniel, Vice Chair
Collier County Board of County Commissioners
3299 Tamiami Trail East, Suite 202
Naples, FL 34112-5746
Re: Joint Public Safety Facility, Ave Maria, Florida
Mr. Ochs:
RFCIIVED
O「ice′「Ⅲ。■■t,nむ Manager
A`ヽ (242018
Actic ´
As a follow-up to our conversation, I am writing this letter to document what we discussed. Per
your recorrmendation, Immokalee Fire Control District (IFCD) is providing a written request
stating our intent and expectations concerning the property acquisition in Ave Maria Florida
located within the protective boundaries of the IFCD. As you know, IFCD is ready to move
forward with the constnrction ofajoint Public Safety Facility, (the facility) thereby solely funding
the facility and housing IFCD, Collier County Emergency Medical Services (EMS) and the Collier
County SherifPs Office (CCSO).
Additionally, the verbiage in Section 3 of Collier County Resolution No. 14-220 (the Resolution)
provides a condition in which the Ave Maria Development, LLLp (the Developer) will provide a
minimum of three (3) acres for a permanent joint facility that meets the needs of IFCD, EMS andccso. Moreover, the developer agreed to reserve one additional acre for a "Govemment
Building(s)." The site for the facility that was identified is located in the park of commerce (see
attachment A) and has been deemed suitable by IFCD and Collier County in an effort to satisfu all
terms and conditions set forth in the resolution by providing land.
As you know, in 2007 and 2008, the Developer did in fact incur the cost of $243,5g0.79 in the
development and improvement ofthe identified site (see attachment B). The developer is currently
asking to recoup only fifty percent (50%) of their infiastructure improvement and development
cost in the amount of$121,790.00. In an effort to move forward with the construction ofa new
joint public safety facility, IFCD is more than willing to pay this $121,790.00 asking price for the
identified site to the developer. This will hereby give the residents ofAve Maria and all public
safety personnel a permanent, safe and secure structure.
Alule Goodnighl. Chair Joseph Brisrer. Vice Chair Edward ,.Ski,, Olesky, Secretary/Treasuer
Bonnie Keen, Commissioner Robert Halman. Commissioner
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Packet Pg. 1215 Attachment: Immokalee Fire District, Joint Public Safety Facility, Ave Maria (5705 : Ave Maria land transfer)
Considering all facts above, please consider this letter a written formal request for IFCD to receive
the deed from Collier County. It is our intent to purchase the identified site. Further, it is our
expectation that this matter be taken before the Collier County Board of County Commissioners
and further, the Board of County Commissioners to vote unanimously for IFCD to receive the deed
to the purchased property. This will clearly satisfu the intent of your own county resolution and
enable IFCD to expedite the construction of this facility that is so desperately needed for this
community.
We always strive to be good colleagues and business partners with the Collier County Board of
County Commissioners. We are looking forward to having many years of Camaraderie with all
of our public safety partners.
Thank you in advance for your continued support of the Immokalee Fire Control District. Should
you wish to reach me, please don't hesitate to call me directly at239-250-3914 or email me at
aeoodniEfit@immfire.com. You can also reach our District Manager and Fire Chiet Michael
Choate at 239 -657 -21 I I or at mchoate@immfire. com.
Sincerely,
Plru*ln t'
Anne Goodnight, Chair
Board of Fire Commissioners
Immokalee Fire Control District
CC: Thomas Peek, Chairman - Ave Maria Stewardship District
Liesa Priddy, Vice Chair - Ave Maria Stewardship District
Robb Klucik, Assistant Secretary - Ave Maria Stewardship District
Jay Roth, Member - Ave Maria Stewardship District
Tom DiFlorio, Member - Ave Maria Stewardship District
David B. Genson, PE - Director of Development, Banon Collier Companies
Kenneth K. Thompson, PA - IFCD
Joseph Brister, Vice Chair - IFCD
Edward "Ski" Olesky, Treasurer - IFCD
Bonnie Keen, Commissioner - IFCD
Robert Halman. Commissioner - IFCD
Michael J. Choate, Dstrict Manager I Fire Chief - IFCD
Page2 of2
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Packet Pg. 1216 Attachment: Immokalee Fire District, Joint Public Safety Facility, Ave Maria (5705 : Ave Maria land transfer)
Attachment "A"
=PROPOSED PARCEL
CONTAINS 4 0 ACRES+/‐
DESCR:PT10N OF PROPOSED PARCEL:
ALL OF TRACT F‐7 AND THE SOUTH 10947
FEET OF TRACT F‐6,AS MEASURED
PARALLEL WTH THE SOUTHERLY L:NE OF
SAID TRACT F‐6,AVE MAR:A UN:T￢″0,PARK OF COMMERCE,RECORDED:N PLAT
B00K48,PAGES 22 THROUGH 28,COLLIER
COUNTY,FLORIDA SAID PARCEL
CONTAINS 4 0 ACRES MORE OR LESS
PROPOSED PARCEし BEING ALL OF
TRACT F-7 AND THE SOUTH
109 47 FEET OF TRACT F‐6,
AVE MAR!A UNIT TWO,
PARK OF COMMERCE
(IN「EET)
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Packet Pg. 1217 Attachment: Immokalee Fire District, Joint Public Safety Facility, Ave Maria (5705 : Ave Maria land transfer)
Attachment B
Ave Maria Public Safety Faciltty (AM pSF) Construction Costsl
December 1, 2017
Prepared By: Ave Maria Development, LLLP
Earthworkand crading
Total Cost Incurred:2 $ 7,416,463.23
Total Acreage Benefited (outparcels only) i3 43,83 acres
Cost Incurred per Acre: $ 32,317.21 per acre
AM PSF Earthwork and Grading Cost: $ 32,317,2L per a$e x 4.00 acres = $ 129,268.83
Sanitarv Sewer and Potable Water
Total Cost lncurred:2 $ 793,325.00
Total Acreage Benefited (ouparcels only):3 27.76 acre
Cost Incurred per Acre: $ 2g,577.99 per acre
AM PSF Sanitary Sewer and Potabble Water Cost: $ 2B,S7Z.99 per acre x 4.00 acres = $ 114,311.96
Notes: o""'oo'to"*l-Illi,,
1. Includes only costs incurred byAve Maria Deveropment, LLLP and does not includethe folowing costs:
Pavingand Signing (Ave Mari: Stewardhsip Community Disrrict tunded)
Drainage (Ave I\4aria Stewardhsip Community District funded)
Conduits
Landscaping
SoftCosts
2 Based on Final Pay Application (No. 10) frorn Mitchell & Stark Construction Comf'any, tnc., dated 2/2912 00g. See Exhibit A.
3. See Exhibit B.
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Packet Pg. 1218 Attachment: Immokalee Fire District, Joint Public Safety Facility, Ave Maria (5705 : Ave Maria land transfer)