Backup Documents 07/26/2011 Item # 8Ctj U #'
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, July 1, 2011,
and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Land
Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida
34104.
NOTE: The LDC requires that a map be included in the advertisement for this type petition; please include
the attached map in the advertising.
Originating Dept/ Div: GMD /Zoning Person: Kay Deselem, Principal Planner Date: June 24, 2011
Petition No. SRAA- PL2011 -0657: Ave Maria SRA
Petitioner: Ave Maria Development, LLLP; c/o David Genson, P.E.; 2600 Golden Gate Parkway; Naples, FL
34105
Name & Address of any person(s) to be notified by Clerk's Office: George L. Varnadoe, Esq.; Cheffy Passidomo; 821 Fifth
Ave. S.; Suite 201; Naples, FL 34102 and Alan D. Reynolds, AICP; WilsonMiller Stantec; 3200 Bailey Lane,
Suite 200; Naples, FL 34105
Hearing before: X BCC BZA Other
Requested Hearing date: Tuesday, July 26, 2011. 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: N/A
Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Department:
Land Development Services, Zoning Review Section; Fund & Cost Center: 131- 138326 - 649100- 00000; Purchase Order
Number: 4500096189; Account Number: 068779
Reviewed by:
DivisioteAdministrator or Designee
List Attachments: Resolution
Map
Date
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 /OFFIC9 USE ONLY: '— —1
Date Received: `t' Date of Public Hearing: —L1 Date Advertised:
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S.R. 29
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RESOLUTION NO. t 1 -
A RESOLUTION AMENDING RESOLUTION NUMBERS
2004 -89 AND 2005 -234A FOR THE TOWN OF AVE MARIA
STEWARDSHIP RECEIVING AREA TO REVISE THE SRA
MASTER PLAN TO DIVIDE TOWN CENTER 2 INTO
TOWN CENTER 2a AND TOWN CENTER 2b; TO
RELOCATE TOWN CENTER 2b TO OIL WELL ROAD
AND TO RELOCATE AN ACCESS POINT ON OIL WELL
ROAD. THE 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 SRAA-
PL2011 -0657)
WHEREAS, the Board of County Commissioners approved the Town of Ave Maria
Stewardship Receiving Area (SRA) by Resolution No. 2004 -89 on March 23, 2004 and
Resolution No. 2005 -234A on June 14,2005; and
WHEREAS, as part of the approval of the SRA, the Board approved the Ave Maria
Town Plan and Master Plan: and
WHEREAS, Ave Maria Development LLLP has applied for an amendment to the Ave
Maria Master Plan in accordance with Section 4,08.07.F.4. of the LDC and Appendix D of the
Ave Maria Town Plan; and
WHEREAS, the Collier County Planning Commission has reviewed and considered the
proposed amendment and held a public hearing on June 2, 2011.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Master Plan is hereby amended and replaced with the Master Plan
attached hereto as Exhibit "A" to this Resolution.
2. Except as set forth herein, the Ave Maria Town Plan shall remain in full
force and effect.
BE IT FiIRTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
Ave Maria Town Center. SRAA- PL2011 -0657
Revised 5 1105 /11 1 of 2
8 C'
This Resolution adopted this day of _ _ 2011, after motion, second,
and favorable vote. ( -
ATTEST:
DWIGITI' E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Heidi Ashton -Cicko (�
Assistant County Attorney
Attachment: Exhibit A - SRA Master Plan
CPA I I -CPS - 0109619
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Ave Maria Town Center i SRAA- PL2011 -0657
Revised 5/05111 2 of 2
FRED W. COYLE, Chairman
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Acct. #068779
June 27, 2011
Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: SRAA- PL2011 -0657, Ave Maria SRA (w/ Display Map)
Dear Legals:
Please advertise the above Referenced Notice and map on Friday, July 1, 2011.
The advertisement must not be placed in that portion of the newspaper where
legal notices and classified advertisements appear. Kindly send the Affidavit of
Publication, in triplicate, together with charges involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #45000961.89
M
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, July 26, 2011, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a
Development Order Amendment. The meeting will commence at 9:00
A.M. The title of the proposed Development Order /Resolution is
as follows:
A RESOLUTION AMENDING RESOLUTION NUMBERS 2004 -89 AND 2005 -
234A FOR THE TOWN OF AVE MARIA STEWARDSHIP RECEIVING AREA TO
REVISE THE SRA MASTER PLAN TO DIVIDE TOWN CENTER 2 INTO TOWN
CENTER 2a AND TOWN CENTER 2b; TO RELOCATE TOWN CENTER 2b TO
OIL WELL ROAD AND TO RELOCATE AN ACCESS POINT ON OIL WELL
ROAD. THE 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 SRAA- PL2011 -0657)
[Insert Map here]
Copies of the proposed Resolution are on file with the Clerk to
the Board and are 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 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 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
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
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Dwight E. Brock
Clerk of Courts
June 27, 2011
ni of tollief
CLERK OF THE CIRCUIT
COLLIER COUNTY C
3301 TAMIAMI
P.O. BOX 41x:
NAPLES, FLORIDA
Ave Maria Development, LLLP
David Genson, P.E.
2600 Golden Gate Parkway
Naples, FL 34105
Re: Notice of Public Hearing to Consider Petition
COURT
SE
SRAA- PL2011 -0657, Ave Maria SRA (w/Display Map)
Dear Petitioner:
C
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, July 26, 2011, as indicated on
the enclosed notice. The legal notice pertaining to this petition will be
published in the Naples Daily News on Friday, July 1, 2011.
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.colliercierk.com Email collierclerk(g %collierclerk.com
Dwight E. Brock
Clerk of Courts
June 27, 2011
CLERK OF THE 0
COLLIER COUNTY
3301 TAMIAMI T
P.O. BOX 4
NAPLES, FLORID.
Cheffy Passidomo
George L. Varnadoe, Esq.
821 Fifth Ave. S
Naples, FL 34105
Allier
8 C
IT COURT
IR . Clerk of Courts
L EAST
4 Accountant
101 -3044 Auditor
Custodian of County Funds
Re: Notice of Public Hearing to Consider Petition
SRAA- PL2011 -0657, Ave Maria SRA (w/Display Map)
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, July 26, 2011, as indicated on
the enclosed notice. The legal notice pertaining to this petition will be
published in the Naples Daily News on Friday, July 1, 2011.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara, Deputy Cle
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierelerk.com Email: collierclerkCcollierclerk.com
`=Cot1 8 C
�t�z of �gllier
CLERK OF THE CIRCUIT COURT
Dwight E. Brock COLLIER COUNTY'COURYtIOUSE Clerk of Courts
Clerk of Courts 3301 TAMIAMI IL EAST
P.O. BOX 413044 Accountant
NAPLES, F LORI DA'14101 -3044 Auditor
�4 I Custodian of County Funds
June 27, 2011
Wilson Miller Stantec
Alan D. Reynolds, AICP
3200 Bailey Lane
Sutie 200
Naples, FL 34105
Re: Notice of Public Hearing to Consider Petition
SRAA- PL2011 -0657, Ave Maria SRA (w/Display Map)
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, July 26, 2011, as indicated on
the enclosed notice. The legal notice pertaining to this petition will be
published in the Naples Daily News on Friday, July 1, 2011.
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.colliercierk.com Email: collierclerk(g collierclerk.com
Dwight E. Brock
Clerk of Courts
June 28, 2011
- - - - - --
`��i1�I1 %[
CLERK OF THE
COLLIER COUNTY t_
3301 TAMIAMI
P.O. BOX 41,
NAPLES, FLORIDA
Mier 8 C I
TIT COURT
1`� Clerk of Courts
EAST ST
Accountant
1 -3044 Auditor
I Custodian of County Funds
Branda Winningham, Comprehensive Planner
State of Florida Department of Community Affairs
Southwest/Northeast Region Division of Community Planning
Development of Regional Impact Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399 -2100
Re: Notice of Public Hearing to Consider Petition
SRAA- PL2011 -0657, Ave Maria SRA (w/Display Map)
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, July 26, 2011, as indicated on
the enclosed notice. The legal notice pertaining to this petition will be
published in the Naples Daily News on Friday, July 1, 2011.
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.colliereferk.com Email: collierclerkCcollierclerk.com
8 C
Martha S. Vergara
From: Martha S. Vergara
Sent: Tuesday, June 28, 2011 11:02 AM
To: Naples Daily News Legals
Subject: SRAA- PL2011 -0657, Ave Maria SRA
Attachments: SRAA- PL2011 -0657, Ave Maria SRA (7- 26- 11).doc; SRAA- PL2011 -0657, Ave Maria SRA
(7- 26- 11).doc; SRAA- PL2011 -0657, AVE MARIA SRA (7- 26- 11).pdf
Lega I s,
Please advertise the following attached ad on Friday, July 1, 2011, (Display Ad Map).
Send an ok when you receive.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
and Value Adjustment Board
Office: (239) 252 -7240
Fax: (239) 252 -8408
E -mail: martha.vergara0colliercierk.com
Martha S. Vergara
From: Legals NDN [legals @napiesnews.com]
Sent: Tuesday, June 28, 2011 11:09 AM
To: Martha S. Vergara
Subject: RE: SRAA- PL2011 -0657, Ave Maria SRA
OK
Emely Fagan l Lega[ Inept
Naples Daify News
1100 Immokalee Road
Naples, FL 34110
Direct Line: 239 - 213 -6061
Fax Line: 239 -263 -4703
Send notices to: leg als .naplesnews.com
From: Martha S. Vergara Imailto :Martha.Veraara@collierclerk com]
Sent: Tuesday, June 28, 2011 11:02 AM
To: Legals NDN
Subject: SRAA- PL2011 -0657, Ave Maria SRA
Legals,
Please advertise the following attached ad on Friday July 1 2011 (Display Ad Man).
Send an ok when you receive.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
and Value Adjustment Board
Office: (239) 252 -7240
Fax: (239) 252 -8408
E -mail: martha.vergara(&collierclerk com
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 helDdesk@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 Coll ierClerk. corn 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.
NOTICE OF INTENT TO
CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, July 26, 2011, in the Board-
room, 3rd Floor, Administration Building, Collier County Government
Center, 3299 East Tamiami Trail, Naples, Florida, the Board of Coun-
ty Commissioners will consider the enactment of a Development
Order Amendment. The meeting will commence at 9:00 A.M. The
title of the proposed Development Order /Resolution is as follows:
A RESOLUTION AMENDING RESOLUTION NUMBERS 2004-
89 AND 2005 -234A FOR THE TOWN OF AVE MARIA STEW-
ARDSHIP RECEIVING AREA TO REVISE THE SRA MASTER
PLAN TO DIVIDE TOWN CENTER 2 INTO TOWN CENTER 2a
AND TOWN CENTER 2b; TO RELOCATE TOWN CENTER 2b
TO OIL W ELL ROAD AND TO RELOCATE AN ACCESS POINT
ON OIL WELL ROAD. THE 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 SRAA- PL2011 -0657)
PROJECT
LOCATION
Copies of the proposed Resolution are on file with the Clerk to the
Board and are available for inspection. All interested parties are in-
vited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County administrator ro for 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 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 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 accommoda-
tion 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
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk (SEAL)
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Kim Pokarney, who on oath says that she serves as
the Accounting Manager of the Naples Daily News, a daily
newspaper published at Naples, in Collier County, Florida;
distributed in Collier and Lee counties of Florida; that the
attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on July 1, 2011
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of I
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication iq the saii^wspaper.
( Signature of affiant)
Sworn to and subscribed before me
This Gth day of July, 2011
(Signature of notary public)
KEE ROL E KANGAS ublic - State of Flor ida m. Expires Jul 29. 2013 ission # DO 912237
NOTICE. -OF INTENT TO .
CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, July 28, 2011, in the Board-
room, 3rd Floor, Admlrsetretion,BuiWMg, Collier County Government
Ceuyer, 3288 FaatTanaymilrgl r* piss; fWds, the Board of Coon-
.,.. Nnlrrdtrtant. +.tro j Vv'A 0 of a Development
flro lltbstin V R at 9:00 A.M. The
Me of the proposed Development OnderflilewW[lon Is as follows:
ARDSHP RECEN" AREA TO REVISE THE SRA
PLAN TO DIVIDE TO* CENTER2 84iO TOWN C
AND TOWN CENTER TO R TOWN G
TO OIL ROAD ANACCE
4 TE
A7SOLIT
e 1% TOWNSNIP'AS E'er EAST IN
COUNTY. RbRbIW lPEiti' k18i0AAJPL2611.065
Copieaof the proposed Resolution am on Me with the Clark to the
Board and are available for Inspection. All Interested parties are in-
vlfed to attend and be heard:'
NOTE: Ag persons. wisbirq to speak ion any agenda Berg ;'must
register with ths Counbradminitrator pdaz.to pfesentatioh of the
agenda item to be addressed. Individual speakers will be limited to
3 minutes on any Rem. The selection of an rpdividual to speak on
behalf of an orgerthation or group Is encouraged. N recognized by
the Chairman, a spokesperson fora group or orgerilzetion may be
allotted 10 minutes to speak on an Item.:
Persons wishing to have written or graphite materials Inckided In the
Board agenda packets must submit salt materia a minimum of 3
weeks prior to the respective public hearing. In any case,: written
materials intended to be conskferedgy.Bte Boats ehW[las sultstittad
to the appropriate Countystaff a mhfknum of seven priortothe .
public hearing. All material used in preeentetioraro lo re
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 Ou area person wtth a disability who needs any accommoda-
tion 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 Tamigrtsi Trail East, Building W, Naples, Fkx de 34112, (238)
2V -8380. Aspis,W Ilaten'mg devloes fbrdthe heafirg Impaired are
available in try. Coupty Commissioners' OtBOe.
BOARD OFCOLINTYCOMMISISIONER3 ,
COWER Cbt)NYY FL0111OA
Clerk , (SEAL)
.role T Will
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURFO U
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines 41 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
execution of the Chairman's signature, draw a line through routine. lines # 1 through 44, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s)
List in routing order
Office
Initials
Date
1. Judy Puig
GMD Planning &
Regulation/Operations
(Initial)
Applic able)
Agenda Date Item was
2.
Agenda Item Number
8.0
Approved by the BCC
3.
Type of Document
4.
Number of Original
1
Attached
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Kay Deselem
Phone Number
252 -2931
Contact
appropriate.
(Initial)
Applic able)
Agenda Date Item was
July 26, 2011
Agenda Item Number
8.0
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Resolution
Number of Original
1
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
r
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applic able)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
�p
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!
6.
The document was approved by the BCC July 26, 2011 and all changes made during
the meeting have been incorporated in the attached document. The County
49
Attorney's Office has reviewed the changes, if applicable.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
8C M
RESOLUTION NO. 11 -1 31
A RESOLUTION AMENDING RESOLUTION NUMBERS
2004 -89 AND 2005 -234A FOR THE TOWN OF AVE MARIA
STEWARDSHIP RECEIVING AREA TO REVISE THE SRA
MASTER PLAN TO DIVIDE TOWN CENTER 2 INTO
TOWN CENTER 2a AND TOWN CENTER 2b; TO
RELOCATE TOWN CENTER 2b TO OIL WELL ROAD
AND TO RELOCATE AN ACCESS POINT ON OIL WELL
ROAD. THE 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 SRAA-
PL2011 -0657)
WHEREAS, the Board of County Commissioners approved the Town of Ave Maria
Stewardship Receiving Area (SRA) by Resolution No. 2004 -89 on March 23, 2004 and
Resolution No. 2005 -234A on June 14, 2005; and
WHEREAS, as part of the approval of the SRA, the Board approved the Ave Maria
Town Plan and Master Plan; and
WHEREAS, Ave Maria Development LLLP has applied for an amendment to the Ave
Maria Master Plan in accordance with Section 4.08.07.F.4. of the LDC and Appendix D of the
Ave Maria Town Plan; and
WHEREAS, the Collier County Planning Commission has reviewed and considered the
proposed amendment and held a public hearing on June 2, 2011.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Master Plan is hereby amended and replaced with the Master Plan
attached hereto as Exhibit "A" to this Resolution.
2. Except as set forth herein, the Ave Maria Town Plan shall remain in full
force and effect.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
Ave Maria Town Center / SRAA- PL2011 -0657
Revised 5105111 1 of 2
•
This Resolution adopted this 26th day of July, 2011, after motion, second, and favorable
vote. (5 - 0)
ATTESTNs' S a r
DWIGIO E.3ROC-e -VLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: W-
FRED W. COYLE, CYiairman
i1pRtG�Y 71p1;�r
Approved as to form
and legal sufficiency:
—Gu A::� (.
eidi Ashton -Cicko
Assistant County Attorney
Attachment: Exhibit A - SRA Master Plan
CPAI- CPS - 0109619
Ave Maria Town Center / SRAA- PL2011 -0657
Revised 5105111 2 of 2
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A petition, SRAA- PL2010 -1988, seeking the same changes was submitted and heard by the CCP Q
but the petitioner withdrew that petition prior to action by the Board of County Commission:
This petition is a companion petition to a Development of Regional Impact (DRI) Development
Order (DO) amendment to make the same changes to the DRI DO. The DRI petition is identified
as DOA- PL2011 -0653.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated on the Future sand 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. This petition seeks to amend the SRA Master Plan (through a public hearing
process) to divide the Town Center 2 Tract into two parts, Town Center 2a and 2b, and relocate
Town Center 2b from along Camp Keais Road to along Oil Well Road (CR 858). The SRA
document and Master Plan is incorporated by reference into the DRI Development Order. A
companion petition (DOA- PL2010 -1751) is seeking the same amendment.
Based upon the above analysis, staff finds that the proposed amendment to the Town of Ave Maria
SRA may be deemed consistent with the Future Land Use Element of the Growth Management
Plan.
Town of Ave Maria SRA, SRAA -PL- 2011 -0657 Page 4 of 7
June 2, 2011 CCPC
Last Revised: 5/6/11
$
Y
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Excerpt from proposed SRA Master Plan Area of change
showing the re- designation of Town Center 2a
rea of change
or Town Center 2
Excerpt from proposed SRA Master Plan
showing the relocation area for Town Center 2b
Town of Ave Maria SRA, SRAA -PL -2011 -0657 Page 3 of 7
June 2, 2011 CCPC
Last Revised: 5/6/11
?) 3
PROPOSED TOWN CENTER 2 CHANGES
Camp Keais Road
TQ'WNWMR • LC1NrNCENtER� • t l GENE I
►+tGGNBGWOWGEkERAt NfltH6dRFIGddGEN:RN
Excerpt from original SRA Master Plan
showing Town Center 2 Area of change
•
•
•
Area of change
lip■
•
/
Excerpt from original SRA Master Plan
showing original designation of area along Oil Well Road
Town of Ave Maria SRA, SRAA -PL- 2011 -0657 Page 2 of 7
June 2, 2011 CCPC
Last Revised: 5/6/11
December 2, 2010 hearing and the BCC hearing of January 11, 2011 are defective as
not being in compliance with the requirements of the Collier County Land Development
Code [LDC].
3. More specifically, the notice of the CCPC hearing held on
December 2, 2010 failed to comply with the requirements of Sections 4.08.7.F.4 and
4.08.7.G.2, of the LDC; and the notice of the January 11, 2011 BCC hearing fails to
comply with the requirements of Sections 4.08.7. F.1 and 4 and 4.08.7.G.2.d, of the
LDC. Attached as Exhibit "D" is a copy of the Notice of Public Hearing for the December
2, 2010 CCPC hearing. Attached as Exhibit "E" is a copy of the Notice of Public
Hearing for the January 11, 2011 BCC Hearing.
Section 4.08.07.F.1.b of the LDC requires that the notice of public hearing before
the CCPC on the proposed resolution "...shall include a general description and a map
or sketch....". As to the hearing before the BCC, Section 4.08.07.F.1.c of the LDC
requires that "A public notice, which shall include a general description and a map or
sketch, ...... _ _ ____ _
While bo notices contained a general textua scription of the proposed
change, neither notice provided a map or sketch showing the proposed amendment to
the SRA Master Plan.
It is submitted tTi�t#he provisions of Sectiorr4:88 67.F noted above require that
the maps in the notices for the CCPC and the BCC show the proposed change to the
Master Plan.
B. RLSA STANDARDS ISSUE AND ACCESS ROAD ISSUE
1. The proposed Ave Maria SRA Master Plan Change would in part split and
move a portion of Town Center 2 to create a Town Center 2b along Oil Well Road. This
proposed amendment is inconsistent with the intent and purpose of the Town Center as
outlined within Section 4.08.00 of the LDC, the Rural Land Stewardship Area Zoning
Overlay District's Standards and Procedures [RLSA Standards].
A Town Center is defined in Section 4.08.01.SS as "A defining
Context Zone that is intended to provide a wide range of uses, including daily goods
and services, culture and entertainment and residential uses within a town. The Town
Center is an extension of the Town Core, however the intensity is less as a Town
Center serves as transition to surrounding neighborhoods." [emphasis added]
The proposed Town Center 2b is not an extension of any Town
Core. The proposed Town Center 2b, if approved, will be a stand alone designated use
within the Ave Maria SRA, contrary to the RLSA Standards.
The Design Criteria for the Town Center are contained within Section
4.08.07.J.2.d.ii. A Town Center is "the Main Street area of the Town" and "buildings
shall be positioned near the right of way line; wide sidewalks shall be shaded by street
trees...." Further, the "maximum block perimeter shall be 2500 feet "; and the Ave Maria
SRA General Design Standards at p. 77, state that the block perimeter is a maximum of
3500 feet.
4
� WOODWARD, PIRES & LOMSARDO, P.A.
ATTORNEYS AT LAW
CRAIG R WOODWARD
January 7, 2011
Board Ceraficd: Real Estate
MARK J. WOODWARD
ANTHONY P PIRES, JR.
Board of County Commissioners
Boa"1 Ccrtiaed: City,Cam(y,
and Local Gowmncnt
3299 Tamiami Trail East, Suite 303
J. CHRISTOPHER LOMBARDO
Naples, FL 34112 -5746
Board Cerafied: MmrA
and Family Law
Re: Petition SRAA- P02010 -1988 Ave Maria SRA
STEVEN V. BLOUNT
CARRIE E. LADEMAN
Dear Commissioners:
This letter is being sent solely in my individual capacity as a resident
CARLOFZAMPOGNA
of Collier County and not on behalf of any other person or entity. The
JENNIFER L DEVRiES
purpose of this letter is to outline various concerns, issues and objections
JENNIFER M.TENNEY
relating to the above- referenced Petition. For the purposes of this
correspondence Petition SRAA- P02010 -1988 may also be referred to as
the SRA Master Plan Change. I reserve the ability and right to address
additional concerns at the public hearings. I may also provide a separate
correspondence with regards to concerns as to the proposed plat for the
Eastern Collier Research Park -Unit 18 being scheduled to be considered on
January 11, 2011 as Agenda Item 10B.' -
The following are some objections, issues and comments with
regards to the consideration and approval of the Ave Maria SRA Master
Plan Change.
A. DUE PROCESS AND NOTICE ISSUES
1. The property which is the subject of Petition SRAA- P02010-
1988 is listed in the Application as being Folio #00226441809 [see page 3
REPLY TO:
of attached "A "]. The records of the Property Appraiser reflect that this folio
number is for the property depicted on the attached Exhibit "B ".
3200 TAM IA M t TRAIL N.
1 SUITE 200
The proposed Town Center 2b, as depicted, as submitted, as
NAPLES, FL 34103
reviewed b Count staff, as reviewed b the Collier County Planning
239 -649 -7342 FAX
Commission [CCPC], as commented upon by the public at the December 2,
O 606 BALD EAGLE DRIVE
2010 CCPC hearing; and, as contained within the January 11, 2011 County
SUITE 500
Commission Agenda Packet (see attached Exhibit "C "); is not the property
P.O. BOX ONE
MARCO ISLAND,FL34146
listed in the Application.
239-394-5161 A2.
239 - 642 -6402 6402 FAX X
The notices of public hearing or both the CCPC hearing of
p g g
WWW.WPL— LEGAL.COM
The configuration and shape of the property involved in that proposed plat do not match
the configuration and shape of proposed Town Center 2b.
Under the RLSA Standards the Town Center is the "primary pedestrian zone,
designed at human scale to support the walking environment." By virtue of its location,
the proposed Town Center 2b2 is inconsistent with the adopted Design Criteria and
Context of the Town Center.
In further support of this objection please refer to the proposed plat as well as the
site plan and building layout submitted as part of South Florida Water Management
District [SFWMD] permit application number 100423 -3. (See attached Exhibit "F ").
2. The SRA Master Plan Change Petition in part states that the Applicant
proposes to create and /or relocate an access road to Oil Well Road. If the SRA Master
Plan Change is approved, as a result of an access road that was approved as part of
Conditional use Petition CU- 2006 -AR -9337 (approved by Resolution #08 -115; see
Exhibit "G "), the creation /relocation of the entry road requested by the SRA Master Plan
Change will result in three (3) access roads to the Ave Maria SRA from Oil Well Road.
It is submitted that Petition SRAA- PO2010 -1988 should be held in abeyance pending
the processing and approval of an amendment to the above noted conditional use
resolution so as to eliminate any access to Ave Maria from Oil Well Road as depicted
on the aerial photograph attached as part of Exhibit "H".
APP /Ig
Enclosure(s)
cc: Commissioner Donna Fiala
Commissioner Georgia A. Hiller, Esq.
Commissioner Tom Henning
Commissioner Fred W. Coyle
Commissioner Jim Coletta
Jeffery Klatzkow, Esq.
Nick Casalanguida
Ray Bellows
s, Jr., Esq.
2 And the proposed Eastern Collier Research Park Unit 18 Plat.
41
er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION 239) 252 -2400 FAX (239) 252 -6358
www.collierciov.net
STEWARDSHIP AECEIVING :AREA (SRA), APPLICATION
PROJECT NUMBER SRAA- PL2010 -1988 Rev:1
PROJECT NAME Town of Ave Maria
DATE PROCESSED Date: 111/4/10
Due: 11 /9/10
__ .... __ "APPLICANT INFORMATION "_._.___.
APPLICANT: Ave Maria Development. LLLP
FIRM: Attn: David Genson. P.E.
ADDRESS: 2600 Golden Gate Parkway: Naples, FL 34105
PHONE: 262 -2600 FAX: 262 -1840 CELL:
E -MAIL: daenson _borroncollier.com
LAND OWNER: some as applicant
AGENT: George L. Varnadoe, Esa.
FIRM: Cheffy Passidomo
ADDRESS: 821 Fifth Avenue South. Suite 201: Naples, FL 34102
PHONE: 261 -9300 FAX: 261 -9782 CELL:
E -MAIL: Alvarnadoe0napleslaw.com
AGENT: Alan D. Reynolds, AICP
FIRM: WilsonMiller Stantec
ADDRESS: 3200 Bailey Lane, Suite 200: Naples, FL 34105
PHONE: 649 -4040 FAX: 643 -5716 CELL:
E -MAIL: al.reynolds(a)stantec.com
DISCLOSURE OF INTEREST INFORMATION
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or
joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use
additional sheets if necessary)
Name and Address % of Ownership
EXHIBIT '-A
•I
Cofer County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION 239) 252 -2400 FAX (239) 252 -6358
www.collier-gov.net
b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage
of stock owned by each.
Name and Address % of Stock
C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of
interest of each.
Name and Address % of Interest
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general
and /or limited partners and the percent-of the ownership of each.
Name and Address % of Ownership
Please see Attachment A, Disclosure of Interest
e. If there is a CONTRACT FOR PURCHASE with an individual or individuals, a Corporation, Trustee, or a
Partnership, list the names of the contract purchases below, including the officers, stockholders,
beneficiaries, or partners. Include the percent of ownership of each.
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all individuals or officers if a
corporation, partnership, or trust.
Name and Address
g. Date subject property acquired ❑ leased []_(Dates of Lease)
Term of lease years/ months.
If Petitioner has option to buy, indicate date of option:
And date option Terminates:
Or Anticipated closing date:
h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of
application but prior to the date of final public hearing, it is the responsibility of the applicant, or
agent on his behalf, to submit a supplemental disclosure of interest form.
.i
r"
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
Co frer County
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
239) 252 -2400 FAX (239) 252 -6358
www.collieramnet
PROPERTY INFORMATION
Section /Township /Range: 4 -9. 16- 18/48129 and 31- 33147/29
General Location and Cross Streets: North of Oil Well Road. west of Camp Keais Road
Folio Numbers: 00226441809 (Note: this folio number is for the ±50 acres being repositioned by this SRA qgpL-_
amendment.
Total Area of Project: 5,027 acres (approximately 50 acres is being repositioned by this amendment)
List any previously approved or pending petition numbers affecting the property. SRAA- 2008 -AR- 12848,
SRA- PL2010 -313
ADJACENT ZONING /LAND USE
LIST OF CONSULTANTS
Name: John Enalish. P.E. Phone: 649 -4040 Mailing Address: 3200 Bailey Lane: Naples. FL 34105
Name: Margaret Perry, AICP Phone: 649 -4040 Mailing Address: 3200 Bailey Lane: Naples, FL 34105
Name: Jeff Perry, AICP Phone: 649 -4040 Mailing Address: 3200 Bailey Lane: Naples. FL 34105
Applicant is responsible for providing finalized copies as required for public hearing.
I hereby submit and certify the application to be complete and accurate.
Alan D. Reynolds
Printed Name of Agent
Signature of Agent
Date
Zoning
Land Use
N
A -MHO - RLSAO
Agriculture
S
A -MHO - RLSAO
Agriculture
E
A -MHO - RLSAO
Agriculture
W
A -MHO - RLSAO
Agriculture
LIST OF CONSULTANTS
Name: John Enalish. P.E. Phone: 649 -4040 Mailing Address: 3200 Bailey Lane: Naples. FL 34105
Name: Margaret Perry, AICP Phone: 649 -4040 Mailing Address: 3200 Bailey Lane: Naples, FL 34105
Name: Jeff Perry, AICP Phone: 649 -4040 Mailing Address: 3200 Bailey Lane: Naples. FL 34105
Applicant is responsible for providing finalized copies as required for public hearing.
I hereby submit and certify the application to be complete and accurate.
Alan D. Reynolds
Printed Name of Agent
Signature of Agent
Date
Coi[fer County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION 239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
SECTION
NATURAL RESOURCE; INDEX ASSESSMENT (LDC,4.08.07.D.3.)
1. Submit an Assessment that documents the Natural Resource Index Value Scores. The Assessment
is to include an analysis that quantifies the number of acres by Index Values.
The Assessment shall include the following:
a. Identify all lands within the proposed SRA that have an Index Value greater than
1.2.
b. Verify that the Index Value scores assigned during the RLSA Study are still valid
through recent aerial photography, satellite imagery, agency - approved mapping, or
other documentation, as verified by Field inspections.
c. IF the Index Value scores assigned during the RLSA Study are no longer valid the
applicant shall document the current Index Value of the land.
d. Quantify by type the acreage of agricultural lands being converted.
e. Quantify by type the acreage of non- agricultural acreage being converted.
f. Quantify by type the acreage of all lands within the proposed SRA that have an
Index Value greater than 1.2.
g. Quantify by type the acreage of all lands being designated as an SRA within the
ACSC, if any.
h. Demonstrate compliance with the Suitability Criteria contained in Section
4.08.07.A.1.
RESPONSE: There are no chances or000sed for the Natural Resource Index Assessment.
SECTION II
NATURAL RESOURCE-INDEX ASSESSMENT SUPPORT DOCUMENTATION (LDC 4.08.07.D.4.)
1. Documentation to support the Natural Resource Index Assessment shall be provided for each
SRA being designated
a. Legal description, including sketch or survey.
b. Acreage calculations of lands being put into the SRA, including acreage calculations
of WRAs (if any) within the SPA boundary but not included in the SRA designation.
c. RLSA Overlay Map delineating the area of the RLSA District being designated as an
SRA.
d. Aerial photograph delineating the area being designated as an SRA.
e. Natural Resource Index Map of the area being designated as an SRA.
i
� i
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
Co'I'er County
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
239) 252 -2400 FAX (239) 252 -6358
www.colliergov.net
f. FLUCCS map(s) delineating the area being designated as an SRA.
g. Listed species map(s) delineating the area being designated as an SRA.
h. Soils map(s) delineating the area being designated as an SRA.
i. Documentation to support a change in the related Natural Resource Index Value(s), if
appropriate.
RESPONSE: There are no chanaes proposed for the Natural Resource Index Assessment Support
Documentation.
SECTION 111
OTHER REOUIRED' DOCUMENTS
1. Submit a SRA Master Plan consistent with the requirements of Section 4.08.07.G.
Response: Included with this submittal is a revised SRA Master Plan dated October 20. 2010.
2. Submit a SRA Development Document consistent with the requirements of Section 4.08.07.H.
RESPONSE: There are no changes . proposed for the SRA Development Document.
3. Submit a Public Facilities Impact Assessment Report addressing the requirements of Section
4.08.07.K.
RESPONSE: There are no changes proposed for the Public Facilities Impact Assessment Report
4. Submit an Economic Assessment Report addressing the requirements of Section 4.08.07.L.
RESPONSE: There are no changes 12rol2osed for the Economic Assessment Report
5. School Concurrency — if the proposed project includes a residential component, you are required
to contact the School District of Collier County at 239 - 377 -0267 to discuss school concurrency
requirements. (Download the School Impact Analysis Application from the website)
RESPONSE: All school related impacts have been addressed via approval of the original SRA and DRI
SECTION IV
STEWARDSHIP CREDIT USE AND RECONCILIATION APPLICATION (LDC 4.08.07.D.9)
1. The legal description of, or descriptive reference to, the SRA to which the Stewardship Credits are
being transferred.
2. Total number of acres within the proposed SRA and the total number of acres of the proposed
SRA within the ACSC (if any).
3. Number of acres within the SRA designated "public use" that do not require the redemption of
Stewardship Credits in order to be entitled (does not consume credits). ,
4. Number of acres of "excess" open spaces within the SRA that do not require the consumption of
credits. ',J
c,�� y
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION 239) 252 -2400 FAX (239) 252 -6358
www.collieraov.net
5. Number of acres of WRAs inside the SRA boundary but not included in the SRA designation.
6. Number of acres within the SRA that consume credits.
7. The number of Stewardship Credits being transferred to (consumed by) the SRA and
documentation that the applicant has acquired or has a contractual right to acquire those
Stewardship Credits.
8. The number of acres to which credits are to be transferred (consumed) multiplied by 8 Credits/
acre equals the number of Credits to be transferred (consumed).
9. A descriptive reference to one or more approved or pending SSA Designation Applications from
which the Stewardship Credits are being obtained. Submit copies of SSA Stewardship Credit
Agreement and related documentation, including:
a. SSA Application Number
b. Pending companion SRA Application Number
c. SSA Designation Resolution (or Resolution Number)
d. SSA Credit Agreement (Stewardship Agreement)
e. Stewardship Credits Database Report
10. A descriptive reference to any previously approved Stewardship Credit Use and Reconciliation
Applications that pertain to the referenced SSA(s) from which the Stewardship Credits are being
obtained.
11. A summary table in a form provided by Collier County that identifies the exchange of all
Stewardship Credits that involve the SRA and all of the associated SSAs from which the
Stewardship Credits are being obtained.
RESPONSE: There are no changes proposed for the Credit Use and Reconciliation Application.
SECTION V
STEWARDSHIP RECIEVING AREA CREDIT AGREEMENT (LDC 4.08.07.D.1 l.b)
1. The applicant for designation of an SRA shall enter into an SRA Credit Agreement with the
County for each SRA.
2. The SRA Credit Agreement shall contain:
a. The number of SSA credits applied to the SRA land in order to carry out the plan of
development on the acreage proposed in the SRA Development Documents.
b. The legal description of the SRA land and number of acres.
c. The SRA Master Plan, which must include the following:
i. Identify the land uses !
ii. Identifying the number of residential dwelling units
iii. Gross leaseable area of retail square footage
iv. Gross leaseable office square footage
v. All other land uses depicted on the master plan.
N.�
Coil�'er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION 239) 252 -2400 FAX (239) 252 -6358
www.collieraov.net
Description of the SSA credits that are needed to entitle the SRA land and the anticipated source
of said credits.
4. Acknowledgement from the applicant that development of SRA land may not commence until the
applicant has recorded a SRA Credit Agreement Memorandum with the Collier County Clerk of
Courts; and
The applicant's commitment, if any, regarding conservation or any other restriction on
development on any lands within the SRA including wetlands, as may be depicted on the SRA
Master Plan for special treatment.
RESPONSE: There are no changes gronosed for the SRA Credit Agreement,
a
r s
a
%a0L r County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
PLANNING AND REGULATION 239) 252 -2400 FAX (239) 252 -6358
www.colifer-gov.net
STEWARDSHIP RECEIVING AREA (SRA) DESIGNATION
APPLICATION .
The following documents the necessary items, exhibits and agreements for the Stewardship Receiving Area
Designation Application.
SUBMITTAL PACKAGE
Submit the Application to: Growth Management Division /Planning and Regulation
Attn: Business Center
2800 N. Horseshoe Drive, Naples Florida 34104
Phone (239) 252 -2400 / Fax (239) 643 -6968
The Applicant shall submit twenty -one (21) copies of the application package for verification of completeness.
The application package shall also contain completed copies of the appropriate form(s) as provided herein.
The Applicant is responsible for providing additional copies for public hearings and for County records, once
the application is finalized.
REQUIRED FEES
Application Fee: $7,000.00 plus $25.00 per acre SRAA- PL2010 -1988 REV:
Comprehensive Plan Consistency Review $2,250.00 TOWN OF AVE MARIA
FIAM (Fiscal Impact Analysis) $4000.00 DATE: 11/4/10
Fire Code Review $1000.00 DUE: 11 /9 /10
BCC Legal Advertising $500
CCPC Legal Advertising $925
Transportation Fees —refer to pre - application meeting notes
School Concurrency Review Fees, if required. Mitigation Fees, if applicable, to be determined by the School
District in coordination with the County
Refer to pre - application meeting notes for additional required fees.
► Please make check payable to: Board of County Commissioners
APPLICATION REVIEW_ SCHEDULE (LDC 4.08.07.E.)
The application review schedule is as follows:
► Within thirty (30) days of receipt of the SRA Application, the applicant will be notified in writing that the
application is complete and sufficient for review. If required, the applicant shall submit additional
information.
► Within twenty (20) working daXts of receipt of the additional information the applicant will be notified if
the application is complete.
► Staff review and written comments shall be submitted to the applicant sixty (60) days after sufficiency has
been determined.
► Staff shall provide a written repprt containing their findings and recommendations of approval, approval
with conditions or denial within ninety (90) days after sufficiency is determined.
► EAC hearing per LDC 4.08.07 F1.a.
► The CCPC shall hold an advertised public hearing on the proposed application and agreement. The
notice of this hearing shall be given ten (10) days prior to the meeting date.
► The BCC shall hold an advertised public hearing on the proposed application and agreement. The notice
of this hearing shall be given ten (10) days prior to the meeting date.
AMENDMENTS
Collier County shall consider an amendment to an approved SRA in the same manner as designated in this
application.
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EXHIBIT
LGLd11J Page 1 of 1
Property Record Aerial Sketches Trim Notices
do Current Ownership
Parcel No.11 00226441809 Property Address NO SITE ADDRESS
Legal 1T 48 29 THAT PORTION OF SECS
17 & 18 DESC AS FOLLOWS: COMM
SE CNR OF SW114 OF SEC 17,
N 01 DEG W 150FT TO NORTH R/W
'For more than four lines of Legal Description please call the Property Appraiser's Office.
Section Township I Range J Acres Map No. Strap No.
17 1 48 1 29 11 57.14 3E17 482917 006.0003E17
Millace Rates
Sub No.
100
ACREAGE HEADER
'� Millane Area
School Other Total
"I" Us a
66
AGRICULTURAL
298
5.6990 8.0413 113.74031
2010 Final Tax Roll
(Subject to Change)
If all Values shown below equal 0 this
parcel was created after the Final Tax Roll
I'See Instructions for Calculations I
Latest Sales History
Land Value
$1,373,300.00
Date Book - Page Amount
+ Improved Value
$180,892.00
(_) Market Value
$1,554,19200
( -) SOH Exempt Value & Other Exemptions
$1,248,789.00
( =) Assessed Value
$ 305,403.00
( -) Homestead and other Exempt Value
$ 0.00
(_) Taxable Value
$ 305,403.00
(_) School Taxable Value (Used for School Taxes)
$ 305,403.00
sUH = -save Uur Homes- exempt value due to cap on assessment
increases.
The Information is Updated Weekly.
http:// www. collierappraiser .comIRecordDetail. asp ?Map= &FolioID= 0000000226441809 1/7/2011
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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, January 11, 2011 In the Boardroom, 3rd Floor, Administration Building, Collier
County Govemment Center, 3299 East Tamiaml Trail, Naples, Florida. The meeting will begin at 9:00
A.M. The title of the proposed resolution is as follows:
A RESOLUTION AMENDING RESOLUTION NUMBERS 2004 -89 AND 2005 -
234A FOR THE TOWN OF AVE MARIA STEWARDSHIP RECEMNQ AREA
TO REVISE THE BRA MASTER PLAN TO DIVIDE TOWN CENTER 2 INTO
TOWN CENTER 2a AND TOWN CENTER 2b; TO RELOCATE TOWN CEN-
TER 2b TO OIL WELL ROAD AND TO RELOCATE AN ACCESS POINT ON
OIL WELL ROAD. THE 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 COL-
LIER COUNTY, FLORIDA. (PETITION SRAA- PL2010 -1988)
Petition: SRAA- PL2010.12K A Resolution amending Resolution Numbers 2004 -89 and 2005 -234A
for the Town of Ave Maria Stewardship Receiving Area to revise the SRA Master Plan to divide Town
Center 2 into Town Center 2a and Town Center 2b; to relocate Town Center 2b to Oil Well Road and
to relocate an access point on Oil Well Road. The 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 Section 4
through 9 and 16 through 18, Township 48 South, Range 29 East In Collier County, Flordda. [Compan-
ion to: DOA- PL2010 -1751] (Coordinator. Kay Deselem, AICP, Principal Planner)
PROJECT I
LOOAT10M
NOTE, All Persons wishing to speak
on any agenda item must register
with the County Administrator RdK
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 min-
utes 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 mate-
rial 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 pro-
ceedings 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 assis-
tance. Please contact the Collier County Facilities Management Department, located at
3335 Tamiami Trail East, Building W, Suite #101, Naples, Florida 34112, (239) 252 -8380.
Assisted listening devices for the hearing impaired are available in the County Commis-
sioners' Office.
BOARD OF COUNTY COMMISSIONERS COWER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk (SEAL)
EXHIBIT
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Page 1 of 3
Anthony Pires
From: HouldsworthJohn Bohnhouldsworth @colliergov.netj
Sent: Thursday, December 09, 2010 7:48 AM
To: Anthony Pires
Cc: BellowsRay
Subject: RE: WESTERN MOST ACCESS ROAD INTO AVE MARIA; SECOND REQUEST; PLEASE ADVISE ASAP AS
BCC HEARING IS 8 DAYS AWAY
Attachments: Application.pdf; Staff Report 3- 11 -08.doc; EXECUTIVE SUMMARY 4- 15- 08.doc; Site Plan 2.pdf; Resolution 2008 -
115.pdf
Tony,
Attached is the Conditional Use application which permitted the temp access road. Please let us know if
you should have any questions. Thanks, John
From: Anthony Pires [mailto:APires @wpl- legal.com]
Sent: Thursday, December 09, 2010 7:45 AM
To: 'johnhouldsworth @colliergov.net'
Subject: FW: WESTERN MOST ACCESS ROAD INTO AVE MARIA; SECOND REQUEST; PLEASE ADVISE
ASAP AS BCC HEARING IS 8 DAYS AWAY
Importance: High
John, any info yet?
thanks
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239 - 649 -6555 Phone
239 -649 -7342 Fax
apires @wpl- legal.com
FIRM WEBSITE: WWW.WPL-LEGAL.COM
This transmittal and /or attachments may be a confidential attorney- client communication or may otherwise
be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have
received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is
strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us
immediately by reply or by telephone (call us at 239 -649 -6555) and immediately delete this message and
all its attachments.
From: Anthony Pires
Sent: Tuesday, December 07, 2010 10:59 AM
To: ' johnhouldsworth @ colliergov.net'
Subject: FW: WESTERN MOST ACCESS ROAD INTO AVE MARIA; SECOND REQUEST; PLEASE ADVISE
ASAP AS BCC HEARING IS 8 DAYS AWAY
Importance: High EXHIBIT
1/7/2011
L� I
Page 2 of 3
John, as we discussed. Any information as to permits, approvals, development orders would be greatly
appreciated
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239 - 649 -6555 Phone
239 - 649 -7342 Fax
apires @wpl- leeal.com
FIRM WEBSITE: WWW.WPL- LEGAL.COM
This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or
confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any
review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or
attachments in error, please notify us immediately by reply or by,telephone (call us at 239 - 649 -6555) and immediately delete this
message and all its attachments.
From: Anthony Pires
Sent: Monday, December 06, 2010 12:15 PM
To: 'BellowsRay'; 'DeselemKay'; 'Casa languidaNick'; 'AshtonHeidi'
Cc: 'Scott.Rogers @dca.state.fl.us'; ' charles .gauthier @dca.state.fl.us'
Subject: WESTERN MOST ACCESS ROAD INTO AVE MARIA; SECOND REQUEST; PLEASE ADVISE ASAP AS BCC HEARING IS 8
DAYS AWAY
Importance: High
Ray, Kay, in light of the assertions that the pending /proposed SRA Master Plan change does not create a
third access onto Oil Well Road, and that the "westernmost access point is being moved " please advise as
to the status of the roadway shown on the attached aerial photographs [retrieved moments ago from the
Collier County Property Appraiser's website]; and, please provide copies of the development orders and
permits that authorized its construction.
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239 - 649 -6555 Phone
239- 649 -7342 Fax
apires@wpl-leeal.com
FIRM WEBSITE: WWW.WPL- LEGAL.COM
This transmittal and /or attachments may be a confidential attorney - client communication or may otherwise be privileged or
confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any
review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and /or
attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this
1/7/2011
Page 3 of 3
message and all its attachments.
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.
1/7/2011
EXECUTIVE SUMMARY
CU- 2006 -AR -9337, Barron Collier Partnership, LLLP, represented by George L.
Varnadoe, Esquire, of Cheffy, Passidomo, Wilson and Johnson, LLP; and Agnoli, Barber
and Brundage, are requesting a Conditional Use within a Rural Agricultural (A) with a
Mobile Home Overlay (A -MHO) Zoning District, a portion of which is located within
Stewardship Sending Area Number 9 (BCIMCP- SSA -9), pursuant to Section 2.04.03, Table
2, and Section 4.08.06.B.4.b, of the Land Development Code, to allow earth mining and
related processing and production of material for a project to be known as South Grove
Lake, located on Oil Well Road in Section 17 and 18, Township 48 South, Range 29 East,
Collier County, Florida
OBJECTIVE:
To have the Board of Zoning Appeals (BZA) consider a Conditional Use as noted above, and
ensure that the project is in harmony with all the applicable codes and regulations in order to
make certain that the community's interests are maintained.
CONSIDERATIONS:
The petitioner is seeking approval for an earth mining operation on 158.7± acres of land to allow
the following excavation:
• Earth mine (proposed west lake of 41.6 acres)
• Stormwater management lake (proposed east lake of 89.4 acres)
Materials removed from the site would be used primarily to provide fill material for the Oil Well
Road, Camp Keais Road, and Immokalee Road widening projects. The subject property
presently consists of row crops and citrus groves.
The proposed earth mine would be split into two sections by a proposed access road to the Ave
Maria development from Oil Well Road. As a stipulation of approval, the entry road (when
created) must have a minimum 75 -foot radius and must have a minimum 100 -foot throat length
from the existing edge of paving at Oil Well Road. No turn lanes are required.
The eastern and western lakes are approved for construction and operation by the South Florida
Water Management District ( SFWMD).
• The 89.4 acre eastern lake, as approved by SFWMD ERP Permit No. 11-
02336-P, is permitted to provide water quality treatment and stormwater
storage for run -off from the existing sod farm. The lake will also provide
water quality treatment and storage for a portion of the proposed Oil Well
Road widening. There is currently no water quality treatment or storage
for the existing Oil Well Road. A portion of the current run -off for Oil
Page 1 of 8
Well Road currently enters "untreated" into a ditch that leads to Camp
Keais Strand.
• The 41.6 acre western lake, as previously approved by SFWMD ERP
Permit No. 11- 02336 -P, is permitted as a borrow pit. However, this lake is
strategically located adjacent to marsh creation areas within the Habitat
Stewardship Area (HSA), and is not near agricultural areas or development
such as the eastern lake.
In addition, there is one 0.41 acre isolated wetland on site, which would be surrounded by a re-
created 25 -foot upland buffer. This wetland would be preserved and enhanced by the removal of
exotics.
The project is located entirely within the Rural Lands Stewardship Area (RLSA) overlay. The
majority of the site is designated as "open lands" and will not impact areas identified as Flowway
Stewardship Area (FSA) or Water Retention Area (WRA). Earth mining is a permitted activity
within the RLSA Overlay District subject to conditional use approval.
Surrounding Land Uses and Zoning: The 158.7± acre property is in the Rural Agricultural
with Mobile Home Overlay (A -MHO) Zoning District. The property is abutted on all four sides
by row crops within the Rural Agricultural Zoning District, and is owned by the applicant.
Zoning Synopsis: The subject property is located within a Rural Lands Stewardship Area
(RLSA) overlay with the majority of the site designated as "open lands." Earth mining is a
permitted activity within the RLSA Overlay District subject to conditional use approval. The
portion of the site within a Habitat Stewardship Area (HSA) is also within a Sending
Stewardship Area (SSA Number 9), which allows earth mining. The project also demonstrates
that it will not impact areas identified as Flowway Stewardship Area (FSA) or Water Retention
Area (WRA). In addition, excavation permits for both lakes have been approved by South
Florida Water Management District. The project, lastly, has received favorable support by the
County's Environmental Advisory Council.
FISCAL IMPACT:
The Conditional Use (CU), by and of itself, will have no fiscal impact on Collier County. There
is no guarantee that the project, at build out, will maximize its authorized level of development,
however, if the CU is approved, a portion of the land could be developed.
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 (CIE) of the Growth Management Plan
(GMP) 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 50 percent of the estimated
Transportation Impact Fees associated with the project.
Page 2 of 8
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
The subject property is designated Agriculture/Rural, RLSA Overlay on the Future Land Use
Map. Thirty (30.2) acres of the 131.0 acre proposed excavation area is located in a Habitat
Stewardship Area (HSA), of which 25 acres would be excavated. The remaining 106.0 acres
proposed for excavation is located in an "Open" area, which has a Natural Resource Index (NRI)
of 1.2 or less.
Policy 3.7 of the RLSA Overlay allows earth mining as a conditional use within HSA lands with
a NRI of 1.2 or less. Policy 5.3 of the RLSA Overlay limits site clearing and alteration within the
HSA to 20 percent of the property for non - agricultural uses, unless the activity is within an SSA.
On February 13, 2007, the Board of County Commissioners approved SSA Number 9. The west
25 acres of the subject property is located within SSA Number 9 and within an HSA, and Policy
5.3 permits non - agricultural uses, including excavation to exceed 20 percent of the subject 25
acres. Policies 3.7 and 5.5 of the RLSA Overlay require an Environmental Impact Statement and
additional demonstrations of environment compliance based on specific site conditions. FLUE
Policy 5.4 requires new land uses to be compatible with the surrounding area. Based on the
above guidelines and analysis, the proposed conditional use may be found consistent with the
Future Land Use Element of the Growth Management Plan.
Transportation Element:
This Conditional Use can be considered consistent with Policies 5.1 and 5.2 of the
Transportation Element of the Growth Management Plan subject to the following conditions:
• One hundred feet of throat depth shall be maintained on the entrance road into the project
from Oil Well Road at all times.
• A 75 -foot minimum turning radius will be maintained on the entrance road until such
time as a right turn lane is provided as a result of the expansion of Oil Well Road.
• Quarterly monitoring reports will not be required until the sale of earthen materials from
the project to the public begins. The provision of earthen materials to Collier County for
public roadway projects and the use of earthen materials in Ave Maria will not be
considered a public sale.
• Prior to the sale of material to the public, a letter must be sent notifying the Zoning and
Land Development Review Director and Transportation Planning Director that the
commercial sale of material is beginning and quarterly monitoring will begin.
• Upon commencement of the public sale of earthen materials, the applicant will begin to
provide detailed quarterly monitoring reports. These reports must include but not be
limited to the amount of earthen material sold from the site and the number of heavily
loaded vehicles leaving the site.
• The applicant has the option of making payment in the amount of a $1.00 per truck
charge for every heavily loaded truck leaving the site. If such payments are made by the
Page 3 of 8
applicant, they shall be made quarterly with the submission of the quarterly monitoring
report. Such payments will be made payable to the Board of County
Commissioners. These payments will be made for the purpose of road maintenance in
lieu of providing for inspections of and repairs to the roadway and adjacent roadway
network impacted by the heavily loaded trucks coming from the subject site.
Therefore, this project is consistent with Policies 5.1 and 5.2 of the Transportation Element (TE).
AFFORDABLE HOUSING IMPACT:
The development in the form of its current request does not create an affordable housing demand.
ENVIRONMENTAL ISSUES:
The western portion of the site, approximately 30.2 acres, extends into the Habitat Stewardship
Area (HSA). Earth mining is a permitted use in HSAs with a natural index of 1.2 or less (but is
limited to 20 percent of a site) unless located within an approved Stewardship Sending Area.
Stewardship Sending Area 9 (SSA Number 9) was approved by the Board of County
Commissioners (BCC) on February 13, 2007, permitting non - agricultural uses including earth
mining activities in HSAs.
The project plan minimizes impact to listed species and their associated habitats by proposing
appropriate protection measures during project construction and operation activities. The only
area of native vegetation that exists is in the isolated wetland, and a 25 -foot upland buffer, as
previously mentioned, is proposed around the wetland. Thus, native vegetation would not be
impacted. Listed wildlife species observed in range of the site include the American alligator,
wood stork, blue heron, and wading birds. Management plans have been submitted along with
the Environmental Impact Statement (EIS) and will be reviewed by the appropriate reviewing
agency. Although the Black Bear and Eastern Indigo Snake were not observed on site,
management plans were submitted as attachments to the EIS, and would be used to educate the
contractor. Littoral shelves are proposed to provide for foraging by listed and non listed species,
and is expected to create a net increase of wading bird and alligator habitat.
According to the Natural Resource Conservation Service (MRCS) Soil Survey, the site is
predominated by Immokalee Fine Sand soils, which are level, poorly drained soils commonly
found in flatwoods with slopes of 0 to 2 percent. Permeability is moderate and the available
water capacity is low. The majority of the site contains active agricultural (row crops/citrus
grove).
Other facts about the site, in addition to having a low Natural Resource Stewardship Index value
of less than 1.2, are as follows:
• There are no Well Field Risk Management Special Treatment Overlay
Zones within the boundaries of the site;
Page 4 of 8
• The site was found to have no archaeological sites, historic structures, or
areas of historic or archaeological probability according to long range
planning maps;
• The site is not located within the Big Cypress Area of Critical State
Concern Special Treatment (ACSC ST) Overlay District; and
• No environmental conditions were found to preclude any future land use at
the site, and no further assessment was warranted.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION•
The EAC heard this request on March 5, 2008, and unanimously recommended approval subject
to staff stipulations as set forth below:
• The mitigation plan to compensate panther (Fells concolor coryi) habitat impact by
the project proposed by the applicant shall be approved by the US Fish and Wildlife
Service (USFWS);
• The Conservation Easement for the on -site wetland preserve shall be approved prior
to the Excavation Permit issuance by Collier County;
• Littoral Shelf Planting Area final location for eastern lake shall be approved prior to
the Excavation Permit issuance; and
• On -site wells shall be capped below the surface to prevent cross contamination of
aquifer and surface waters.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION•
The CCPC heard petition CU- 2006 -AR -9337 on March 20, 2008, and by a vote of 9 in favor and
0 opposed recommended forwarding this petition to the Board of Zoning Appeals (BZA) with a
recommendation of approval subject to the following conditions of approval:
1. The conditional use approval to allow earth mining shall be limited to what is depicted on
the master site and excavation plan, entitled "Conditional Use Conceptual Site Plan",
dated May 22, 2007, prepared by Agnoli, Barber & Brundage for Barron Collier
Partnership, LLLP.
2. Excavation shall be limited to the 2 proposed lakes, the western earth mine lake and
eastern storm water management lake, - totaling no more than 131 acres as permitted by
SFWMD for purposes of water quality treatment and storage of storm water run -off.
3. The single isolated 0.41 acre wetland shall be preserved and maintained with a minimum
25 -foot upland buffer, and all category 1 exotics shall be removed for purposes of
maintaining HSA interconnectivity for bear and panther habitat areas.
4. One hundred feet of throat depth shall be maintained on the entrance road into the project
from Oil Well Road.
Page 5 of 8
5. A 75 -foot minimum turning radius will be maintained on the entrance road until such time
as a right turn lane is provided as a result of the expansion of Oil Well Road.
6. Quarterly monitoring reports will not be required until the sale of earthen materials from
the project to the public begins. The provision of earthen materials to Collier County for
public roadway projects and the use of earthen materials in Ave Maria will not be
considered a public sale.
7. Prior to the sale of earthen material to the public, a letter must be sent notifying the
Zoning and Land Development Review Director and Transportation Planning Director
that the commercial sale of earthen material is beginning and quarterly monitoring will
begin.
8. Upon commencement of the public sale of earthen materials, the applicant will begin to
provide detailed quarterly monitoring reports. These reports must include but not be
limited to the amount of earthen material sold from the site and the number of heavily
loaded vehicles leaving the site.
9. The applicant has the option of making payment in the amount of a $ 1.00 per truck
charge for every heavily loaded truck leaving the site. If such payments are made by the
applicant, they shall be made quarterly with the submission of the quarterly monitoring
report. Such payments will be made payable to the Board of County
Commissioners. These payments will be made for the purpose of road maintenance in
lieu of providing for inspections of and repairs to the roadway and adjacent roadway
network impacted by the heavily loaded trucks coming from the subject site.
10. The site plan noted is conceptual in nature for conditional use approval. The fmal design
must be in compliance with all applicable federal, state and county laws and regulations.
11. The Department of Zoning and Land Development Review Director may approve minor
changes in the location, siting, or height of buildings, structures, and improvements
authorized by this conditional use, so long as these minor changes remain consistent with
all applicable development standards.
12. The mitigation plan to compensate panther (Fells concolor coryi) habitat impact by the
project proposed by the applicant shall be approved by the US Fish and Wildlife Service
(USFWS).
13. The conservation easement for the on -site wetland preserve shall be approved prior to
issuance of the excavation permit by Collier County.
14. The final location of the littoral shelf planting area for the eastern lake shall be approved
prior to the issuance of the excavation permit.
Page 6 of 8
Page 1 of 5
Anthony Pires
From: Anthony Pires
Sent: Thursday, December 09, 2010 11:53 AM
To: 'CasalanguidaNick; DeselemKay; BellowsRay; StrainMark
Cc: Al Reynolds; George L. Varnadoe; KlatzkowJeff, LorenzWilliam; HouldsworthJohn; PuigJudy; MarcellaJeanne
Subject: RE: WESTERN MOST ACCESS ROAD INTO AVE MARIA; SECOND REQUEST; PLEASE ADVISE ASAP AS
BCC HEARING IS 8 DAYS AWAY
Attachments: Scan001.pdf
Nick, please see the attached, my inquiry, with attachments, directed to County staff as
the people in the best position to know and provide what authorizations /approval were
provided.
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239 - 649 -6555 Phone
239 - 649 -7342 Fax
apires @wpl- legal.com
FIRM WEBSITE: WWW.WPL-LEGAL.COM
This transmittal and /or attachments may be a confidential attomey- client communication or may otherwise
be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have
received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is
strictly prohibited. If you have received this transmittal and /or attachments in error, please notify us
immediately by reply or by telephone (call us at 239 -649 -6555) and immediately delete this message and
all its attachments.
From: CasalanguidaNick [mailto:NickCasalanguida @colliergov.net]
Sent: Thursday, December 09, 2010 11:32 AM
To: Anthony Pires; DeselemKay; BellowsRay; StrainMark
Cc: Al Reynolds; George L. Varnadoe; Klatzkowleff; LorenzWilliam; Houldsworthlohn; PuigJudy;
MarcellaJeanne
Subject: RE: WESTERN MOST ACCESS ROAD INTO AVE MARIA; SECOND REQUEST, PLEASE ADVISE
ASAP AS BCC HEARING IS 8 DAYS AWAY
Tony,
No problem thank you for the update.
Please direct all your inquiries through my office via (Judy Puig & Jeanne Marcella). Staff is spending a
significant amount of time responding to comments and questions.
In my commitment for full public disclosure and transparency, I will copy you and the applicant on all
correspondence regarding this matter. I will ask Judy & Jeanne to track and coordinate your questions
and responses as well as any correspondence we get from the applicant.
1/7/2011
m�
Page 2 of 5
My understanding is that the CU is separate and apart from the Ave Maria SRA and it's access is strictly intended to provide
material to Ave Maria, Oil Well road and potentially public sale. At no time was it expressed(approved) as an access point for Ave
Maria for pass through traffic.
I hope that clarifies your question.
Regards,
Nick Casalanguida
Deputy Administrator
Growth Management Division
Planning and Regulation
Tel- (239) 252 -6064 Fax: (239) 252 -2395
nickcasalanguida@colliergov.net
From: Anthony Pires [mailto:APires @wpl- legal.com]
Sent: Thursday, December 09, 2010 9:56 AM
To: CasalanguidaNick; DeselemKay
Subject: FW: WESTERN MOST ACCESS ROAD INTO AVE MARIA; SECOND REQUEST; PLEASE
ADVISE ASAP AS BCC HEARING IS 8 DAYS AWAY
Importance: High
Nick, Kay, I apologize for not including you in my prior email.
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239 - 649 -6555 Phone
239 - 649 -7342 Fax
apires(M -wol- legal.com
Firm Website: www.wpi- legal.com
This transmittal and/or attachments may be a confidential attorney - client communication or may otherwise be
privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this
transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you
have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call
us at 239 - 649 -6555) and immediately delete this message and all its attachments.
From: Anthony Pires
Sent: Thursday, December 09, 2010 8:34 AM
To: 'johnhouldsworth @colliergov.net'
Cc: 'RayBellows @colliergov.net; 'ashton_h; 'KlatzkowJefr; 'Scott. Rogers @dca.state.fl.us';
'charles.gauthier @dca. state.fl. us'
Subject: FW: WESTERN MOST ACCESS ROAD INTO AVE MARIA; SECOND REQUEST; PLEASE
ADVISE ASAP AS BCC HEARING IS 8 DAYS AWAY
Importance: High
Thanks John.
1/7/2011
Page 3 of 5
After a cursory review, this raises more questions regarding the number of access points into Ave Maria,
especially this excerpt from the Executive Summary:
The proposed earth mine would be split into two sections by a proposed access road to the Ave Maria
development from Oil Well Road.
I do not recall this information being presented to the Planning Commission during the SRA and DRI
amendment hearing.
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239- 649 -6555 Phone
239- 649 -7342 Fax
apires wpl- legal.com
Firm Website: www.wpl - legal.com
This transmittal and/or attachments may be a confidential attorney- client communication or may otherwise be
privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this
transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you
have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call
us at 239 - 649 -6555) and immediately delete this message and all its attachments.
From: HouldsworthJohn [ mailto: johnhouldsworth @colliergov.net]
Sent: Thursday, December 09, 2010 7:48 AM
To: Anthony Pires
Cc: BellowsRay
Subject: RE: WESTERN MOST ACCESS ROAD INTO AVE MARIA; SECOND REQUEST; PLEASE
ADVISE ASAP AS BCC HEARING IS 8 DAYS AWAY
Tony,
Attached is the Conditional Use application which permitted the temp access road. Please let us know if you
should have any questions. Thanks, John
From: Anthony Pires [mailto:APires @wpl- legal.com]
Sent: Thursday, December 09, 2010 7:45 AM
To: 'johnhouldsworth @colliergov.net'
Subject: FW: WESTERN MOST ACCESS ROAD INTO AVE MARIA; SECOND REQUEST; PLEASE
ADVISE ASAP AS BCC HEARING IS 8 DAYS AWAY
Importance: High
John, any info yet?
thanks
1/7/2011
Page 4 of 5
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239 - 649 -6555 Phone
239 - 649 -7342 Fax
apires wPI- legal.com
Firm Website: www.wpi- legal.com
This transmittal and/or attachments may be a confidential attorney - client communication or may otherwise be
privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this
transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you
have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call
us at 239 - 649 -6555) and immediately delete this message and all its attachments.
From: Anthony Pires
Sent: Tuesday, December 07, 2010 10:59 AM
To: 'johnhouldsworth @colliergov.net'
Subject: FW: WESTERN MOST ACCESS ROAD INTO AVE MARIA; SECOND REQUEST; PLEASE
ADVISE ASAP AS BCC HEARING IS 8 DAYS AWAY
Importance: High
John, as we discussed. Any information as to permits, approvals, development orders would be greatly
appreciated
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239 - 649 -6555 Phone
239 - 649 -7342 Fax
apires _wpl- legal.com
Firm Website: www.wpi- legal.com
This transmittal and/or attachments may be a confidential attorney- client communication or may otherwise be
privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this
transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you
have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call
us at 239 - 649 -6555) and immediately delete this message and all its attachments.
From: Anthony Pires
Sent: Monday, December 06, 2010 12:15 PM
To: 'BellowsRay; 'DeselemKay; 'CasalanguidaNick; 'AshtonHeidi'
Cc: 'Scoff.Rogers @dca.state.fl.us; ' chades.gauthier @dca.state.fl.us'
1 /7/2011
Page 5 of 5
Subject: WESTERN MOST ACCESS ROAD INTO AVE MARIA; SECOND REQUEST; PLEASE ADVISE
ASAP AS BCC HEARING IS 8 DAYS AWAY
Importance: High
Ray, Kay, in light of the assertions that the pending /proposed SRA Master Plan change does not create a
third access onto Oil Well Road, and that the "westemmost access point is being moved " please advise as
to the status of the roadway shown on the attached aerial photographs [retrieved moments ago from the
Collier County Property Appraiser's website]; and, please provide copies of the development orders and
permits that authorized its construction.
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239 - 649 -6555 Phone
239 - 649 -7342 Fax
apiresampl- legal.com
Firm Website: www.wpl - legal.com
This transmittal and/or attachments may be a confidential attorney -client communication or may otherwise be
privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received this
transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you
have received this transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call
us at 239 - 649 -6555) and immediately delete this message and all its attachments.
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.
1/7/2011
Page 1 of 2
Anthony Pires
From: Anthony Pires
Sent: Thursday, December 09, 2010 7:45 AM
To: ' johnhouldsworthocolliergov.net
Subject: FW. WESTERN MOST ACCESS ROAD INTO AVE MARIA; SECOND REQUEST, PLEASE ADVISE ASAP AS
BCC HEARING IS 8 DAYS AWAY
Importance: High
Attachments: ROADWAY INTO AVE MARIA AT WESTERN PORTION; Emailing: Collier-201 CLsdeO2473270561612
John, any info yet?
thanks
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239 -649 -6555 Phone
239 -649 -7342 Fax
apires @wPI- leaal.com
FIRM WEBSITE: WWW.WPL-LEGAL.COM
This transmittal and /or attachments may be a confidential attomey - client communication or may otherwise
be privileged or confidential. If you are not the intended recipient, you are hereby notified that you have
received this transmittal in error; any review, dissemination, distribution or copying of this transmittal is
strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us
immediately by reply or by telephone (call us at 239 -649 -6555) and immediately delete this message and
all its attachments.
From: Anthony Pires
Sent: Tuesday, December 07, 2010 10:59 AM
To: yohnhouldsworth@colliergov.net'
Subject: FW: WESTERN MOST ACCESS ROAD INTO AVE MARIA; SECOND REQUEST; PLEASE ADVISE
ASAP AS BCC HEARING IS 8 DAYS AWAY
Importance: High
John, as we discussed. Any information as to permits, approvals, development orders
would be greatly appreciated
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239 -649 -6555 Phone
239 -649 -7342 Fax
apires @wol- leaal.com
12/9/2010
Page 2 of 2
FIRM WEBSITE: WWW.WPL: LEGAL.COM
This transmittal and/or attachments may be a confidential attomey -client communication or may otherwise be privileged or
confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any
review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or
attachments in error, please notify us immediately by reply or by telephone (call us at 23949 -6555) and immediately delete this
message and all its attachments.
From: Anthony Pires
Sent: Monday, December 06, 2010 12:15 PM
To: 'BellowsRay; 'DeselemKay; 'CasalanguidaNl&; 'AshtonHeidi'
Cc: 'Scott.R.ogers@dca.state.fl.us'; ' diaries .gauthier@dca.state.fl.us'
Subject: WESTERN MOST ACCESS ROAD INTO AVE MARIA, SECOND REQUEST, PLEASE ADVISE ASAP AS BCC HEARING IS 8
DAYS AWAY
Importance: High
Ray, Kay, in light of the assertions that the pending /proposed SRA Master Plan change does not create a
third access onto Oil Well Road, and that the "westemmost access point is being moved " please advise as
to the status of the roadway shown on the attached aerial photographs [retrieved moments ago from the
Collier County Property Appraiser's website]; and, please provide copies of the development orders and
permits that authorized its construction.
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239 - 649 -6555 Phone
239 - 649 -7342 Fax
apires@wol-legal.com
FIRM WEBSITE: WWW.WPL- LEGAL.COM
This transmittal and/or attachments may be a confidential attomey - client communication or may otherwise be privileged or
confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error; any
review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or
attachments in error, please notify us immediately by reply or by telephone (call us at 239 - 649 -6555) and immediately delete this
message and all its attachments.
12/9/2010
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