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Backup Documents 07/26/2011 Item # 8DCOLLIER 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. Originating Dept/ Div: GMD /Zoning Person: Kay Deselem, Principal Planner Date: June 24, 2011 Petition No. DRI- PL2011 -0653: Ave Maria DRI 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 Stantee; 3200 Bailey Lane, Suite 200; Naples, FL 34105 Bearing before: X BCC BZA Other Requested Hearing date: Tuesday, July 26, 2011. Based on advertisement appearing 20, clays 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: Divisio dministrator or Designee List Attachments: Resolution DISTRIBUTION INSTRUCTIONS � Z�3- J1 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 OFFICE USE ONLY: Date Received: Date of Public Hearing: _-712,(,o Date Advertised: -7/t loom DEVELOPMENT ORDER NO. 1I- A RESOLUTION AMENDING RESOLUTION NUMBER 05- 235 (DEVELOPMENT ORDER NO. 05 -01), AS AMENDED, FOR THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT (rDRI ") LOCATED 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; BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING EXHIBIT C: 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; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. (PETITION DOA- PL201_ 11L WHEREAS, the Board of County Commissioners of Collier County, Florida approved Resolution No. 05 -235 (Development Order No.05 -01) which approved a Development of Regional Impact (DRI) known as the town of Ave Maria DRI on June 14, 2005; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth as Exhibit A to Resolution No. 05 -235 (Development Order No. 05 -01), as amended, to correct a scrivener's error by Resolution No. 05 -377 adopted on November 1, 2005; and WHEREAS, the Board of County Commissioners approved Resolution No. 08 -153 (Development Order No.08 -01) which revised the Development Order relative to the Affordable Housing Section on May 27, 2008; and Ave Maria/DOA -PL201 1 -1653 Rev. 5,105111 1 of 4 Words AM—'— # are deleted, words underlined are added, WHERE-AS, George L. Varnadoe, Esquire and John Passidomo, Esquire of Cheffy Passidomo, representing Ave Maria Development, LLLP, has petitioned the Board of County Commissioners to amend the Town of Ave Maria Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the proposed amendment and held a public hearing on June 2, 2011; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the proposed amendment and the report of the Collier County Planning Commission and held a public hearing on June 26, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO DEVELOPMENT ORDER AND MASTER PLAN Exhibit C to Development Order 05-01 (Resolution 05-235), the Master Concept Plan, is hereby amended and attached to this Resolution as Exhibit A. SECTION TWO: FINDINGS OF FACT The proposed changes to the previously approved DRI do not meet or exceed any ofthe criteria in the DRI Development Order or in Subsection 380.06(19)(b), Florida Statutes. 2. The proposed changes to the previously approved DRI are in accordance with Subsection 380.06(19)(e)2.k, Florida Statutes, which states in part, that "The following changes, individually or cumulatively with any previous changes, are not substantial deviations: k. Any other change which the state land planning agency, in consultation with the regional planning council, agrees in writing is similar in nature, impact, or character to the changes enumerated in sub-paragraphs a, j. and which does not create the likelihood of any additional regional impact". The state land planning agency has agreed in writing that the change is similar in impact to the Ave Maria/DOA-PL2011-1653 Rev. 5/05/11 2 of 4 Words sfftic-j. - are deleted; words underlined are added. changes enumerated in sub-paragraphs 380,06(19)(e)2.aJ, Florida Statutes, and does not create the likelihood of any additional regional impact. Attached as Exhibit B is the September 21, 2010 letter from the State of Florida Department of Comm-unity Affairs. 3. The applicant submitted to the County the application and materials required for amendment of a development order in accordance with the local government procedures in accordance with Subsection 380.06(19)(c)(2), Florida Statutes. 4. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments, and has established that the changes result in no additional overall project impacts. 5. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. 6. No increase in overall development intensity is authorized by this Development Order, SECTION THREE: CONCLUSIONS OF LAW 1. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 38.06(19), Florida Statutes, and do not require a notice of proposed change pursuant to Subsection 380.06(19)(e)(2), Florida Statutes, 2. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 3. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Collier County Land Development Code adopted pursuant thereto, Ave Maiia/DOA-PL2011-1653 Rev. 5105/11 3 of 4 Words stt-tiek vlwauy-h- are deleted; words underlined are added. 4. The proposed changes to the previously approved development are consistent with the State Comprehensive Plan, SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE t. Except as amended hereby, Development Order No. 05-01, as amended, shall remain in full force mid effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict herewith. 2. Copies of this Development Order (Resolution) shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. Board. 1 This Resolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted this day of _, 2011, after motion, second, and favorable vote. (_ - AT`FEST: DWIGHT E, BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: L/ I-Icidi Ashton-Cicko Assistant County Attorney Attachment: Exhibit A - SRA Master Plan Exhibit B - DCA letter BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman Ave Maria/DOA-PI,2011-1653 Rev, 5/05111 4 of 4 Words s t f-o* are deleted; words underlined are added. 77 C;Smi-le GRIST Gaywror Septern Lw-r 21, 2010 1\4r. Raymond Bellows, AIC' Planning, M—Wilger Zoning Services Sts-60n J)epartmcra of Land Development Services orowth Management Division — Planning & Ragutation 2800 N. Horseshoe Drive Napks, Florida 34104 RE: Town of Ave Maria J)CvClCVM,-Rt Of RcgiOnal 'mPact Dear Mr. Bellows: S*ONLWY PM19)IT 8 I of ?) P,"TATT 1 W912712010 1553 8504883389 COW FL"IWl FAIW. 03104 Mr. Ray Beflows. AICP C ,epterpbor2l,2010 Pago Z Mfvtfsr L Attachnicilts: Town ef Ave Marie- SR-A WSW P13T) (revised March "010) cc Nick Casalanguida, COflicr COWY Daniel Treswtt SWFRPC 06orge Vamadoe, Che.,tTy Passidoi-no, P.A. 39/21/2310 15:53 G51149933131 Ca44 Pt MNISIG "'AGE 04/04 OIL WELL ROAD 8 D '4 DEVELOPMENT ORDER NO. 11- RESOLUTION NO. 11 - A RESOLUTION AMENDING RESOLUTION NUMBER 05- 235 (DEVELOPMENT ORDER. NO. 05 -01), AS AMENDED, FOR THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT ( "DRI ") LOCATED 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; BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING EXHIBIT C: 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; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF :LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFEC'T'IVE DATE. (PETITION DOA- PL2011 -0653) WHEREAS, the Board of County Commissioners of Collier County, Florida approved Resolution No. 05 -235 (Development Order No. 05 -01) which approved a Development of Regional Impact (DRI) known as the Town of Ave Maria DRI on June 14, 2005; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth as Exhibit "A" to Resolution No. 05 -235 (Development Order No. 05- 01), as amended, to correct a scrivener's error by Resolution No. 05 -377 adopted on November 1, 2005; and WHEREAS, the Board of County Commissioners approved Resolution No. 08 -153 (Development Order No. 08 -01) which revised the Development Order relative to the Affordable Housing Section on May 27, 2008; and Ave Maria/DOA -PL201 I -0653 Rev. 6/27/11 1 of 4 Words stFuek4hfeugh are deleted; words underlined are added. L.;.= WHEREAS, George L. Varnadoe, Esquire and John Passidomo, Esquire of Cheffy Passidomo, representing Ave Maria Development, LLLP, has petitioned the Board of County Commissioners to amend the Town of Ave Maria Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the proposed amendment and held a public hearing on June 2, 2011; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the proposed amendment and the report of the Collier County Planning Commission and held a public hearing on July 26, 2011. NOW, THERE]"ORE, BE IT RESOI,VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO DEVELOPMENT ORDER AND MASTER PLAN Exhibit C to Development Order 05-01. (Resolution 05-235), the Master Concept Plan, is hereby amended and attached to this Resolution as Exhibit "A". SECTION TWO: FINDINGS OF FACT The proposed changes to the previously approved DRI do not meet or exceed any of the criteria in the DR[ Development Order or in Subsection 380,06(19)(b), Korida Statutes. 2, The proposed changes to the previously approved DRI are in accordance with Subsection 380.06(19)(c)2.k, Florida Statutes, which states in part, that "The following changes, individually or cumulatively with any previous changes, are not substantial deviations: k. Any other change which the state land planning agency, in consultation with the regional planning council, agrees in writing is similar in nature, impact, or character to the changes enumerated in sub-paragraphs a. j. and which does not create the likelihood of any additional regional impact". The state land planning agency has agreed in writing that the change is similar in impact to the Ave Maria/170A-PL2011-0653 Rev. 6/27/11 2 of 4 Words StRW4�-� are deleted; words underlined are added. changes enumerated in sub-paragraphs 380.06(19)(e)2.a-j, Florida Statutes, and does not create the likelihood of any additional regional impact. Attached as Exhibit "B" is the September 21, 2010 letter from the State of Florida Department of Community Affairs. 3. The applicant submitted to the County the application and materials required for amendment of a development order in accordance with the local government procedures in accordance with Subsection 380.06(19)(e)(2), Florida Statutes. 4. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments, and has established that the changes result in no additional overall project impacts, 5. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380,06, Florida Statutes, as amended, 6. No increase in overall development intensity is authorized by this Development Order, SECTION THREE: CONCLUSIONS OF LAW 1. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 38.06(19), Florida Statutes, and do not require a notice ofproposed change pursuant to Subsection 380.06(19)(e)(2), Florida Statutes. 2. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area, I The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Collier County Land Development Code adopted pursuant thereto. Ave Maria/DOA-PL2011-0653 Rev. 6/27/11 3 of 4 Words stFffek4h+&a0 are deleted; words underlined are added. EN1 4. The proposed changes to the previously approved development are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE I Except as amended hereby, Development Order No, 05-01, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict herewith. 2. Copies of this Development Order (Resolution) shall be transmitted immediatelv upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. I This Resolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board, , rhis Resolution adopted this favorable vote. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal Sufficiency: Heidi Ashton-Cicko Assistant County Attorney Attachment: Exhibit A - SRA, Master Plan Exhibit B - DCA letter day of 2011, after motion, second, and. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chain-nan Ave Marialt'DOA-PL2011-0653 Rev. 6/27/11 4 of 4 Words StRiek4hfetth are deleted; words underlined are added. fIMR ip NgrOV2D1C a¢yn YMOaWwvtie�WiS#§afkFifOEdr'I nv.�M.bq 8 D (19/ 271201 f-I 15: '� 3 t35134683:i05 PACE e2/64 S-ATF OF 1:10,1;1)A OF—PARTMENT OF CONIPAUNITY AFFAIRS ,00dicated tc) makit)g i-l(>rtde a bettor P/B!;e to r,31'1 ljorra' CfjAALJE MST ge-ptembe-r 1, 020 Mr. Raymood 1361OW3, AICP Ptann;ng Manager Zoning Services SeCtion I)epartrnent of Land Development -Services Growrtb Managen'tent 13ivisi0l' — Plaruljn9 & 'ti,agulatican 2800,N. Horseshoe Drive Naples, Florida 34104 Town of Ave Maria f)CvclOPm1er1t Of RcgiOnal impact Dear Mr. Bellows. THOMAS G, PU8AM S*tmwy On August 20, 20 10, the L)0PWtn1c"t issued a letter responding to your gcaesticarrs regarding the internal r1lovement olcQmj'nercia( land uses in the Town of Ave Maria Development of Regional Impact PR 1) Uld whether the Department conclurrcdwith the Southwest Florida Rcgional Planning Council panicl'rrescutt) that such movement does not require a Notice of Proposed Change (NOPC) Pursuant to sub-paragraph 180.06(19)(e)2.1, Florida Statutes Sub-paragraph 380,06(19)(e)2.1, F,S., states, la Part, that thef011Owing chafige,L individually or cumulatively with any, previoal changes, are not substantial deviations" L .4ny other change which the state landplannirg agency, in consult4tiort with the regional planning cou)wil, agrees in writing is similar in nalure, impact, or character to the Changes enutneraled in sub-paragraphs a. -'i, and which does not create, the Ukelihoad of any additioncd regional impact. I'lie Department's August 20th letter stated that there was a lack of inibrinMiOn for the Department to eoucAjr that an NOPC would riot be required. The Depai-tment has received additional information regarding the location and extent of the iliternal, movement of laild oases and reevaluated whether such a change would meet the requirements of sub,-paragraph 380-06(19)(c)2.1, F.S. The internal movement, o- change, Is to revise the Town of Ave Maria SRA Master Plan to relocate 50 acres of Town Center as follows: (1) divide Town C:entcr 2 into 'Town Center 2a and 2-b; and (2) Town Center 2h will be movod away from its current location along Camp Kcals Road to an area with frontage along Oil Well Road as shown on the attached revised SRA Master Plan. The change does not change entitlements of the project- The rhange relocates an access point along Oil WoU Road but does not increase the number of access points along Oil Well Road. The Department agrees that the 2$55 SHUMARD OAK BOULEVARD 4 TALLAHASSEE. FL 32394.-2100 060-486-846d (p) 950-9214741 03 W40blW47 tirwiv - 8*4-4W=*(q - Rtota iACCSUbc >N E Cextki OW'M' "OUMM ANO thOSOLMIly V9VCL*PWRT 450-AWTUO 101 *S*4=4= M EMI&T t of RVUTAY IF 'Q 8 0 M 03127/ 610 15:53 8504883:309 GOMM Pt-Af�4IPCi PAGE 031PI Mr. Ray &HOWs- September 21, 2n 10 Page 2 proposed change is similar in impact to the c1langes 017urnerate'd in sub-paragraphs 3$11.4 (t Jj(e)Z,a , F.S., and does not create the likelihood Of any additional rcg 'Onal impact. -j *I,h;js, pursuant to sub-paragraph 380 the proposed change does not require the .06(19)(e)11, F.S., t nd the filing of a notice of proposed changc. Howcver, an application to Collier County tOan-c C: SF 'A klaster plan) in accorritnoe Stith the County's DRJ developmt-Ait order (Exbi bit pr,_)cedurcs for arnendmcri ofa development order is required-, and if approved, tile County must render the amended development order it) the Dcl)4rtfrient- if you have any questions rtgardl;ig this matter, please contact Brenda Winningham, p egional I'lawing Admitlistrator, at (85o) 9,1-2-1900 or Scott Rogers, principal Planner, at (850) 922-1759. sinezilely yours, c. Mike -McDaniel chief, Of of CompreherLqi vc Planning NIN14ir Attachinct-As: Town of Ave Maria SRA Master Plan (revised March 7010) cc: Nick Casalanguids, Collier Cousity Daniel Tresc:ott, SWFRPC George Varnadue, Chl,-ff*y Passiclot-Do, P-A O i 01 15:53 6584993366 GUM K.ANNIWi PAGE 04/84 J � 0 �- 3 Acct. #068779 June 27, 2011 Attn: Legals Naples Media Group 1100 Immokalee Road Naples, Florida 34110 Re: DRI- PL2011 -0653; Ave Maria DRI Dear Legals, Please advertise the above referenced notice on Friday, July 1, 2011 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P*09 #4500096189 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, July 26, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed Development Order /Resolution is as follows: A RESOLUTION AMENDING RESOLUTION NUMBER 05 -235 (DEVELOPMENT ORDER NO. 05 -01), AS AMENDED, FOR THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT ( "DRI ") LOCATED 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; BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING EXHIBIT C: 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; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. (PETITION DOA- PL2011 -1653) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, 80 i I 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 W. Coyle, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) CLERK OF THE C Dwight E. Br COLLIER COUNT g 3301 TAMIAMI Clerk of Courtis s P.O. BOX 41;. NAPLES, FLORIDA June 27, 2011 Ave Maria Development, LLLP David Genson, P.E. 2600 Golden Gate Parkway Naples, FL 34105 Re: DRI- PL2011 -0653; Ave Maria DRI Dear Petitioner: �1'011ler 8 D ZCUIT COURT OURI- -IOUSE AIL EAST Clerk of Courts 5044 Accountant 4101 -3644 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 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@collierclerk.com g CLERK OF THE � JRUJIT COURT COLLIER COUNTY LOUR POUSE Dwight E. Brock Clerk of Courts Clerk of Courts 3301 TAMIAMI \1 AIL EA ST Accountant O. BOX 4 3044 P. NAPLES, FLORIDA14101 -3 44 Auditor June 27, 2011 Al- 11 Custodian of County Funds Cheffy Passidomo George L. Varnadoe 821 Fifth Ave. S Suite 201 Naples, FL 34102 Re: DRI- PL2011 -0653; Ave Maria DRI 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 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.collierclerk.com Email: collierclerkCcollierclerk.com of -Co' llier CLERK OF THE C-11 Dwight E. Brock COLLIER COUNTY ;C Clerk of Courts 3301 TAMIAMI P.O. BOX 41. NAPLES, FLORIDA June 27, 2011 WilsonMiller Stantec Alan D. Reynolds, AICP 3200 Bailey Lane Suite 200 Naples, FL 34105 Re: DRI- PL2011 -0653; Ave Maria DRI Dear Petitioner: C kIL E) 044 �4101- T COURT OUSE Clerk of Courts Accountant Auditor Custodian of County Funds 41 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 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@collierclerk.com Dwight E. Brock Clerk of Courts June 28, 2011 ntV.. o collier CLERK OF THE CJRCVIT COURT COLLIER COUNTY OUFIOUSE Clerk of Courts 3301 TAMIAMI -MAIL Et�ST P.O. BOX 4 ,3044 Accountant NAPLES, FLORIDA14101 -3 44 Auditor Custodian of County Funds • l . r 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: DRI- PL2011 -0653; Ave Maria DRI 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 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 @collierclerk.com 8 D Martha S. Vergara To: Legals NDN Subject: DRI- PL2011 -0653, Ave Maria DRI Attachments: DRI- PL2011 -0653, Ave Maria DRI (7- 26- 11).doc; DRI- PL2011 -0653, Ave Maria DRI (7- 26- 11).doc Legals, Please advertise the following attached ad on Friday. July 1, 2011. 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 8 D Martha S. Vergara From: Legals NDN [legals @napiesnews.com] Sent: Tuesday, June 28, 2011 10:51 AM To: Martha S. Vergara Subject: RE: DRI- PL2011 -0653, Ave Maria DRI OK EmeCy Pagan lLeaaf Dept Naples DaiCy News 1100 Immokalee Road Naples, FL 34110 Direct Line: 239 - 213 -6061 Fax Line: 239 - 263 -4703 Send notices to: IegalsCcD_naplesnews.com From: Martha S. Vergara fmailto: Martha .Verciara(abcollierclerk.coml Sent: Tuesday, June 28, 2011 10:48 AM To: Legals NDN Subject: DRI- PL2011 -0653, Ave Maria DRI Lega Is, Please advertise the following attached ad on Friday. July 1, 2011. 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.vergarac @ colliercierk.com 8 , NOTICE OF PUBLIC HEARING TO CC�NSIC�I=R RESOLUTION Notice Is We'- given that the Board + f C unty Commissioners of Collier County will hdlg a pubic hearing on Tuesday, 1uly 2�, 2011, in the Roardrot rn1 3rd Floor, Administration Building, Collier Counter Government Center, 33 East Tamiaml' Trail, Maples, Florida. The meeting MI begin at 9':00 A.M. The title of the proposed Development Order/Resolution is as follows'. A RESOLUTION AMENDING RESOLUTION NUMBER 195 --85 (DEVELOPMENT ORDER NCB, 05 -01), AS AMENDED, FOR THE TOWN OF AVE,MA} IA DEVELOPMENT OF RE- GIONAL IMPACT ( "DRI `') LOCATED IN SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANZE 29 EAST IN COLLIER COUNTY, FLORIDA; BY PROVID- ING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING E, HIBIT C: SRA MASTER PLAN TQ DIVIDE TOWN CENTER 2 INTO TOWN CENTER 2a AND TOWN CENTER 2b, TO RELOCATE TOWN CENTER 2b T ' OIL WELL ROAD AND TO RELOCATE AN ACCESS POINT ON OIL WELL kOAD SECTION TWO, FINDINGS OF FAcT; SECTION TH REE, CONCLUSIONS OF LAIN; AND .SECTION FOU R, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF COMMUNITY" AFFAIRS AND EFFECTIVE ['SATE. (PETITION DOA P0011 1653) A cop�y, of the proposed Resolution is on file with the Cher k to the Board and is available for insppaion, All interested parttes are ihv' ited to attend and be heard. NOTE: All Persons wishing to speak can any agenda item must register with the of the agenda Count� Administrator prior to presentation item to be addressed. Incilvidual speakers will be limited to 3 minutes ors any item. The Ise' lection of an in- dividual to speak on behalf' of an organization or group is encouracged. If reco - ni?ed by the Chair, a spokesperson for a group or organization may Toe allotted' fO minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board 'agenda pacl.ets must subunit said material a minirr urn bf 3 weeks prior to the respective Bublic hearlrg. In any case, vVrit-ten materials Intended to be consldert!d by the oard shall bne submitted to the appropriate County staff a minimurn of seven days prier to the public hearing. All malerial used in presentations before the Board wil l bKorn e a permanent part of the record. Any person who decides to appeal a decision of the Board wil) need a record of the proceedings pertaining thereto and therefore, may tweed to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- Bence Upon.which the appeal is based, if you are a person with a disability vvho needs any accommodation in order to par - ticipate in this proceeding, you are entitled, at no cast to you, to the provision of certain assistance. Please contact the Collier County acilrries Management Depart- ment, located at 3335 Ta�miami Trail East, Building: W, Naples, Florida 34112, { 'a) 2 -8380, Assisted listening; devices for the hearing impaired ate available in the County Commissioners' Office; BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle, CHAIRMAN DWIGHT E_ BROCK, CLERK By Martha Vergara, Deputy Clerk (SEAL) July 1, 2D1 t NoI907307 8 D Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, June 28, 2011 12:11 PM To: Bellows, Ray; Deselem, Kay Subject: DRI- PL2011 -0653, Ave Maria DRI Hi Ray and Kay, I have a quick question... on the ad request sheet it says that the petition no is DRI- PL2011 -0653: Ave Maria DRI.. The title in the Development Order /Resolution last line and the bottom of the page say it is actually Ave Maria /DOA- PL2011- 1653... is that correct ?? Is it a companion item that will be advertised later ?? 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.veraara @collierclerk.com wlm�- Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, June 28, 2011 12:17 PM To: Neet, Virginia; Ashton, Heidi Subject: FW: DRI- PL2011 -0653, Ave Maria DRI royl - - - -- Original Message---- - From: NeetVirginia fmailto :VirginiaNeet(@colliergov.netl Sent: Tuesday, June 28, 2011 12:15 PM To: Martha S. Vergara Subject: FW: DRI- PL2011 -0653, Ave Maria DRI - - - -- Original Message---- - From: AshtonHeidi Sent: Tuesday, June 28, 2011 12:15 PM To: NeetVirginia Cc: WilliamsSteven; RodriguezWanda Subject: RE: DRI- PL2011 -0653, Ave Maria DRI The word EXHIBIT is split in Line 6. I'd prefer not to split it. Otherwise, Okay. No map is required for the DRI for BCC but it is required for CCPC. Heidi Ashton -Cicko Heidi Ashton -Cicko Assistant County Attorney Land Use Section Chief Phone (239) 252 -8400 Fax (239) 252 -6300 Note: Address change on November 1, 2010: Trail, Suite 800, Naples, FL 34112 - - - -- Original Message---- - From: NeetVirginia Sent: Tuesday, June 28, 2011 11:53 AM To: AshtonHeidi Cc: WilliamsSteven Subject: FW: DRI- PL2011 -0653, Ave Maria DRI As promised Office of the County Attorney, 3299 East Tamiami - - - -- Original Message---- - From: Martha S. Vergara rmailto: Martha .Vergara(@collierclerk.com1 Sent: Tuesday, June 28, 2011 11:37 AM To: RodriguezWanda; DeselemKay; NeetVirginia Subject: DRI- PL2011 -0653, Ave Maria DRI <<UAS3042.jpg>> Morning Ladies, Please review the proof from NDN, let me know ASAP of any changes to the ad.. 1 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 helpdesk (@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 • ' K Martha S. Veraara From: Martha S. Vergara Sent: Tuesday, June 28, 2011 12:23 PM To: 'Pagan, Emely' Subject: RE: Ad Confirmation Tracking: Recipient Read 'Pagan, Emely' Read: 6/28/2011 12:26 PM Em, Legals would like to make a change ... in the title line 6 EXHIBIT is split, they would like to see if it can be kept as one word.. Martha - - - -- Original Message---- - From: Pagan, Emely rmailto:EPaRan(@Naplesnews.coml Sent: Tuesday, June 28, 2011 11:53 AM To: Martha S. Vergara Subject: Ad Confirmation RESENDING... 1 of 2 Thank you for placing your ad. Ad Number 1907307 Total Ad Cost $274.86 Em 1 NOTICE OF PLJBUC HEARING TO CONSIDER RESOLUTION 8` Notice Is her 2b given that the Board of County Comrilissione" of Collier County will hold a pu , by1c hearing on Tuesday, Jwly 26.'20,11, i1h the,5oardroom 3rd Floor, Administration Bullding Collier County Government Cenier, 3299 East Ta'Miaml Trail, Naples, Florida. The meetl'ng will begin at SIM A,M, The title of the proposed Development Qrder�/Resollutio'n is as follows: A RESOLUTION AMENDING RESCILUTtON NUMBER 05-�35 (DEVELOPMENT ORDE'R N6, 0501), AS AM11NIDtD, FOR THE TOWN OF AVEMAR-11A DMILOOMENT OF REGIONAL IMPACT ('DRIJ LOCATED IN SECT-IONS 31 THROUGH 3-3, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND SECTIONS 4 THROUGH 9,AND, 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 CAST IN COLLIER, COUNTY, FLORIDA; BY PROVID- ING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING EXHIBIT C: SRA MASTER PLAN TO DIVIDE TOVVN CENTER 2 INTO TOWINCENTER 2a AND TOWN CENTER 2b, TO RELOCATE TOWN CENTER 2b TO OIL WELL ROAD AND TO RELOCATE AN ACCESS POINT ON OIL WELL ROAD; SECTION TWO FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS TRANSM117AL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. ORDERS, DOA-PI 2011-1653) A copy of the proposed Resolution is on f lie with the Clerk to the Board and is available for inspe ctioTi. All interested parties are invited to attend and be heard. NOTES All Persons wishing to speak on any agenda item rnuq re lister with the County Administrator prior to presentation of the agenda item toTe addressed. Individual speakers vvill be limited to 3 minutes on any itern. Theselecticin of an in- dividual to speak on behalf of an organization or group is encouraged, If recog- nized by the Chair, a spokesperson for a group or organization may be allotted' 10 minutes to speak on An item, Persons wishing to have written, or graphic materials included in the Boarcl agenda patkets must submit said rhaterial a rnlnirn.um of 3 weeks'prior to the raspecflve �ubllic hearl n , In any case, Written materials Intended to be considered by the bard shall I be su b m Itted to the appr pri ate Count' staff a riii n im ! um'of seven days' prior to the public hearing, All material used in'presentations before the Board Vvill I)KOrie a perman.ent 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, ma, y need to ensure that a verbatim record of the proceedings is made, which record includes the Testimony and evi- dence upon which the appeal is based. If you are a person with a disability who needs -arky acconnmcmdation in order to par- ticipate in this proceeding, you are entitled, at ro cost to you, to the provision of certain assistance, Please contact the Collfor County Facilities Management Depart- rnant, located at 3335 Tamiarni Trail East, Building W, Na,plps, rlorida 34112, (239)252-8380 Assisted listening devices 'for the , heating impaired are available 16 theCounty Cornmissionersj Office. 'BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Fred W. Coyle, CHAIRMAN D0GHT E. BROCK, CLERK By* Martha Vergara, Deputy Clerk (SEAL) July 1, 2DI I IN o 9073071 8 , Martha S. Ver ara D From: Martha S. Vergara Sent: Tuesday, June 28, 2011 12:39 PM To: Ashton, Heidi; Rodriguez, Wanda; Williams, Steven; Neet, Virginia; Deselem, Kay Subject: Revised - per Heidi (DRI- PL2011 -0653) Attachments: UAS30A8.jpg Attached please see the following revision... Sending the OK to NDN.. Martha Martha S. Vergara From: DeselemKay [KayDeselem @colliergov.net] Sent: Tuesday, June 28, 2011 12:30 PM To: Martha S. Vergara; Bellows, Ray Subject: RE: DRI- PL2011 -0653, Ave Maria DRI Attachments: resolution 6- 27- 11.pdf I noticed that after I sent the stuff to you. I contacted the CAO and was provided with a revised reso. Please find it attached and use it. Thanks! Kay Deselem, AICP, Principal Planner Zoning Services - -Land Development Services Department Growth Management Division -- Planning d Regulation Phone: 239 -252 -2931 Fax: 239 -252 -6357 kaydeselemGcollier og v.net From: Martha S. Vergara [mai Ito: Martha .Vergara @colIierclerk.com] Sent: Tuesday, June 28, 2011 12:11 PM To: BellowsRay; DeselemKay Subject: DRI- PL2011 -0653, Ave Maria DRI Hi Ray and Kay, I have a quick question... on the ad request sheet it says that the petition no is DRI- PL2011 -0653: Ave Maria DRI.. The title in the Development Order /Resolution last line and the bottom of the page say it is actually Ave Maria /DOA- PL2011- 1653... is that correct ?? Is it a companion item that will be advertised later ?? 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.colliercierk.coni 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 helodeskCaocollierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Martha S. Vergara 8 � From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Tuesday, June 28, 2011 12:49 PM To: Martha S. Vergara Subject: RE: REVISION NEEDED Send it over Emely Pagan / Legal Dept Naples Daily News 1100 Immokalee Road Naples, FL 34110 Direct Line: 239 - 213 -6061 Fax Line: 239 - 263 -4703 Send notices to: legals(@naplesnews.com - - - -- Original Message---- - From: Martha S. Vergara fmailto: Martha .Vergara(@collierclerk.coml Sent: Tuesday, June 28, 2011 12:45 PM To: Pagan, Emely Subject: REVISION NEEDED EM!!!!! HOLD THE PRESSES... One more revision: Thank you for placing your ad. Ad Number 1907307 Total Ad Cost $274.86 Last line of the title reads: 1 (PETITION DRI PL2011 1653) SHOULD READ: (PETITION DRI PL2011 0653) - - - -- Original Message---- - From: Martha S. Vergara Sent: Tuesday, June 28, 2011 12:39 PM To: 'Pagan, Emely' Subject: RE: Ad Confirmation 1 Em, Looks Awesome!! Thanks for revising and please proceed with this ad.. Thanks, Martha - - - -- Original Message---- - From: Pagan, Emely fmailto:EPagan(@Naplesnews.coml Sent: Tuesday, June 28, 2011 12:29 PM To: Martha S. Vergara Subject: Ad Confirmation REVISED... Thank you for placing your ad. Ad Number 1907307 Total Ad Cost $274.86 Em Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk (@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 • i Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, June 28, 2011 1:44 PM To: Deselem, Kay; Ashton, Heidi; Neet, Virginia; Rodriguez, Wanda Subject: Emailing: UAS3136.jpg Attachments: UAS3136.jpg Attached is the 2nd revision fixing the petition #.. Thanks, Martha NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION 8 Notice Is he reby given that the, Board of Cot►nty Commissioni-r-s of Cal I ier County will hold a public hearing on Tuesday, July 26, 20,111, in the Ooardroom, 3rd Floor, Adrninistr'Atio'n Bult'dinq, Collier County Golvernment Center, 3299 East-Tarniaml Traillf Naples, Florida. The meeting will be-gin at 9:00 A.M. The title of the proposed Development Order/Resolution is as follovW. A RE501-LITION AMENDING -RESOLUTION NUMBER 05-2.315 (DEVELOPMENt ORDER N. 05 -01), AS, AMENIdtD, FORTH E TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT (-DRI'), LOCATED IN SECTIONS 31 THROUGH 33, T0WN5HiP­ 47 SOUTH, RANGE 29'EAST, AND SECTIONS 4 THROUGH 9, AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA,-, BY PROVID- ING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING EXHIBIT C: SR► MASTER -PLAN TO DIVIDE JOWN CENTER 2 INTO TOWN -aNTER 2a AND TOWN CENTER 2b, TO RELOCATE TOWN CENTER 2b TO OIL WELL ROAD AND. TO RELOCATE AN ACCESS POINT ON OIL WELL ROAD; SECTION TWO, FINDINGS OF FACT; CT; SECTION THREEO CONCLUSIONS OF LAW; AND SECTION FOUR. EFFECT Of PREVIOUSLY ISSUED DEVELOPM F-NT ORDERS TRANSM ITTAI. T`Q DEPARTMENT OF COMMUNITY AFFAIRS AND EFFEL71VE DATE, �PETITIION DRIPL2011 q653) A copy of the proposed Resolution is on file with the clerk to the Board and is available for inspection, All interested parties are, invited to attend and be heard, NOTE: All Persons wishing to speak on any agenda item must register Afth The County Administrator prior to presentation of tho agenda item to be addressed. Individual, speakers will be limited to 3,minutes on any itern, The selection of an in- dividwal to speak on behalf of an organization or group is encouraged, If recog- nized by the Chair, a spokesperson, for a group, or orgahization may be allotted 10 rninutes to speak on an item. Persons wishing to have written or graphic materials included in the Doard agenda packets must submit said material a minim.urnz of 3 weeks prior to the respective I , - d 1b_'Qyc �ublic hea�ltjg, In any case, Written materials Intended to be the bard shall be submitted to the appropriate Coun ' t� staff a,, minimum of seven, days prior to the public hearing. All material used in presentations before the Board yvill become a per-man.ent part of the record,, Any person who decides to appeal a de-cis'io-n of the Board will need a record of the proceedings pertain Ing thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evi- dente upon Which the appeal is based. If you are a person with a disability who needs any accommoci-ation in order to par- ticipate in this proceeding, you are entitled, at no cost to your to the provision of certain assistance, Please contact-the Collier County Facilities Management Depart- ment, located at 33-35 Tarniami Trail East, Building W, Naples, Florida 34112, (239)252-8380f _ Assisted listening deviceslorthe hearing impaired areavailable in the County Commissionet's' Office- BOARD'OF COUNTY COMMISSIONERS COLLIER COUNT`,', FLORIDA Fred W. Coyle, CHAIRMAN DVVIGHT E, BROCK, CLERK Sr. Martha Vergara, Deputy Clerk (SEAL) Jay 1, 2011 'No1907307 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 in the said newspaper. 1, /�) i ( Signature of affiant) Sworn to and subscribed before me This 6th day f July, 2011 f &MW (Signature of notary public) � - - - - - -�. Ou KAROL E KANGAS Notary Public -State of Florida My Comm. Expires Jul 29, 2013 lltl. Commission # 00 912237 ` /Inl NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is here l�y given ithat the Board of County Commissioners of Collier Cou Will hold a public heating on Tuesday, JuZ, 26, 1, in the aopfft � 3rd Fbw Adefinlstratidri: Building; Collier .County Gwemhkrrc CerKlr, 3299 East 7amiaihl Trail, Nbples F'oiida. a meeting will begin at 9 00'A.M. The title of the W,606skc! Development OrdegResolution isas follows: a to of the Proposed' Resolution``ls- on fife with the Clerk to the 'Board and is available for inspection, kll interested partie*Are ir"ed to attend and be heard. NOTE: All Persons' wishing to speak on any agenda item must register with- the Coun Indivty Administrator prior to presentation of the agenda. item to be addressed. idual- soeakets will be limited to 3-minutes on any item: The selection of an in- (BvRd to'spegic do bs)talf of an dry�nizagon' or group Is' encour�gd. If recog- by the Chair; a spokesP'erson fon a ghlup or organization maybe allotted 10 mi es to speak on an item. Persons withiny to hove wIMien or graphic materials included in the 0 oar d agenda P?ckets'mbst sgbmit said mate ,al. a minimum' of 3 weeks prior to the rpspective public hearing, 1n any cafe, �itten materials intended tq be considered by the Bo�ard shall be submitted, to the appropriate County staff a:minimutrr of seven days will become perma' hearingt All material used in presentations before the Board it permanent part of the record. Any person who decides to appeal a decision of title" @card will heed a`recoriwfsf the Proceedl W _; : =it o and therefore, may need to ensure that,a, vertim record of th ro ngs made, which record includes the testImony and evi- dence upon which the appeal is based. If you are a person with a disability who need8 any attommodation in order to par - tiapate,m this Procaedirfg yyoouu are entitled, at no cost to you to "the order of certain'assistarice. Please tohtact the Cdllier Counttyy Facilities Management De art - meM) Ideated at 3335 Tamiami Trail East, Bulldinngg. W, Naples, Fiotida 34.112, 1239)252.6380, Assisted llisterling devices for the> hearing imppired are available in the County Commiploners, Office. Fred W., "Opyle, CHAIRMAN DWIGHT E.,BROCk CLERK By; Martha Vergers, Deputy.Clerk (SEAW, . July 1r 2011 - ntntornam ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 8 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 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 #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 throu #4, 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) 7jap) 1 2. July 26, 2011 Agenda Item Number 8.13 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution ID Number of Original 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners I , -, 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 a ro riate. (Initial) Applicable) Agenda Date Item was July 26, 2011 Agenda Item Number 8.13 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution ID Number of Original 1 Attached I , -, Documents Attached contracts, agreements, etc. that have been fully executed by all parties except the BCC li INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS 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 a ro riate. (Initial) Applicable) 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, ID 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 firD 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 /rD 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 �D 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. �D 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 �lI Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ' 80 DEVELOPMENT ORDER NO. 11- 03 RESOLUTION NO. 11 - 13 2 A RESOLUTION AMENDING RESOLUTION NUMBER 05- 235 (DEVELOPMENT ORDER NO. 05 -01), AS AMENDED, FOR THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT ( "DRI ") LOCATED 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; BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY REVISING EXHIBIT C: 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; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS AND EFFECTIVE DATE. (PETITION DOA- PL2011 -0653) WHEREAS, the Board of County Commissioners of Collier County, Florida approved Resolution No. 05 -235 (Development Order No. 05 -01) which approved a Development of Regional Impact (DRI) known as the Town of Ave Maria DRI on June 14, 2005; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth as Exhibit "A" to Resolution No. 05 -235 (Development Order No. 05- 01), as amended, to correct a scrivener's error by Resolution No. 05 -377 adopted on November 1, 2005; and WHEREAS, the Board of County Commissioners approved Resolution No. 08 -153 (Development Order No. 08 -01) which revised the Development Order relative to the Affordable Housing Section on May 27, 2008; and Ave Maria/DOA- PL2011 -0653 Rev. 6/27/11 1 of 4 Words stfue-1 eugh are deleted; words underlined are added. WHEREAS, George L. Varnadoe, Esquire and John Passidomo, Esquire of Cheffy Passidomo, representing Ave Maria Development, LLLP, has petitioned the Board of County Commissioners to amend the Town of Ave Maria Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the proposed amendment and held a public hearing on June 2, 2011; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the proposed amendment and the report of the Collier County Planning Commission and held a public hearing on July 26, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO DEVELOPMENT ORDER AND MASTER PLAN Exhibit C to Development Order 05 -01 (Resolution 05 -235), the Master Concept Plan, is hereby amended and attached to this Resolution as Exhibit "A ". SECTION TWO: FINDINGS OF FACT 1. The proposed changes to the previously approved DRI do not meet or exceed any of the criteria in the DRI Development Order or in Subsection 380.06(19)(b), Florida Statutes. 2. The proposed changes to the previously approved DRI are in accordance with Subsection 380.06(19)(e)2.k, Florida Statutes, which states in part, that "The following changes, individually or cumulatively with any previous changes, are not substantial deviations: k. Any other change which the state land planning agency, in consultation with the regional planning council, agrees in writing is similar in nature, impact, or character to the changes enumerated in sub - paragraphs a. j. and which does not create the likelihood of any additional regional impact ". The state land planning agency has agreed in writing that the change is similar in impact to the Ave Maria/DOA- PL2011 -0653 Rev. 6/27/11 2 of 4 Words stnisk thfeugh are deleted; words underlined are added. .1; 4 1 ao 10 changes enumerated in sub - paragraphs 380.06(19)(e)2.a j, Florida Statutes, and does not create the likelihood of any additional regional impact. Attached as Exhibit "B" is the September 21, 2010 letter from the State of Florida Department of Community Affairs. 3. The applicant submitted to the County the application and materials required for amendment of a development order in accordance with the local government procedures in accordance with Subsection 380.06(19)(e)(2), Florida Statutes. 4. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments, and has established that the changes result in no additional overall project impacts. 5. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. 6. No increase in overall development intensity is authorized by this Development Order. SECTION THREE: CONCLUSIONS OF LAW 1. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 38.06(19), Florida Statutes, and do not require a notice of proposed change pursuant to Subsection 380.06(19)(e)(2), Florida Statutes. 2. The proposed changes to the previously approved development will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. 3. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Collier County Land Development Code adopted pursuant thereto. Ave Maria/DOA- PL2011 -0653 Rev. 6/27/11 3 of 4 Words stme-k thfough are deleted; words underlined are added. so 4. The proposed changes to the previously approved development are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE 1. Except as amended hereby, Development Order No. 05 -01, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict herewith. 2. Copies of this Development Order (Resolution) shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. :•. • 3. This Resolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted this 26th day of July, 2011, after motion, second, and favorable vote. (5 - 0) ATTEST;:" ry DWI T° E. BRO. K& CLERK Approved as to form n,gal sufficiency: a L tt A o Heidi Ashton -Cicko Assistant County Attorney Attachment: Exhibit A - SRA Master Plan Exhibit B - DCA letter BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: W. C��A FRED W. COYLE, CbaitAan Ave Maria/DOA- PL2011 -0653 Rev. 6/27/11 4 of 4 Words strue-li thfough are deleted; words underlined are added. �� Nf1aa�Le 2p106:63pn YbWyNVSpay�tl3TitlM11STp11 �SgMtOtiHAq 2 � i N / 11 i �o 01 Z D ° £ OIL WELL ROAD L w (D o 8 Exhibit A p� o ip 0 D d qtv° ® ITV I t 80 �J T CL o Qf W9 61 V IC o m o o v 3?.o'ii <° j N g� o' D 3 7 v ' 7 3 gco, � � 2 m a N V V W 41 N Vet V AAto to in A01 D D D D D D D D n D I� D o ID 'I rl STATE OF FLORIDA 8 D E DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" CHARLIE CRIST Governor September 21, 2010 Mr. Raymond Bellows, AICP Planning Manager Zoning Services Section Department of Land Development Services Growth Management Division — Planning & Regulation 2800 N. Horseshoe Drive Naples, Florida 34104 RE: Town of Ave Maria Development of Regional Impact Dear Mr. Bellows: THOMAS G. PELHAM Secretary RECEIVED SEP 2 9 2010 C NINA DEPARTRAENT On August 20, 2010, the Department issued a letter responding to your questions regarding the internal movement of commercial land uses in the Town of Ave Maria Development of Regional Impact (DRI) and whether the Department concurred with the Southwest Florida Regional Planning Council (Daniel Trescott) that such movement does not require a Notice of Proposed Change (NOPC) pursuant to sub - paragraph 380.06(19)(e)2.1, Florida Statutes (F.S.). Sub - paragraph 380.06(19)(e)2.1, F.S., states, in part, that the following changes, individually or cumulatively with any previous changes, are not substantial deviations: 1. Any other change which the state land planning agency, in consultation with the regional planning council, agrees in writing is similar in nature, impact, or character to the changes enumerated in sub paragraphs a. j. and which does not create the likelihood of any additional regional impact. The Department's August 20th letter stated that there was a lack of information for the Department to concur that an NOPC would not be required. The Department has received additional information regarding the location and extent of the internal movement of land uses and reevaluated whether such a change would meet the requirements of sub - paragraph 380.06(19)(e)2.1, F.S. The internal movement, or change, is to revise the Town of Ave Maria SRA Master Plan to relocate 50 acres of Town Center as follows: (1) divide Town Center 2 into Town Center 2a and 2b; and (2) Town Center 2b will be moved away from its current location along Camp Keais Road to an area with frontage along Oil Well Road as shown on the attached revised SRA Master Plan. The change does not change entitlements of the project. The change relocates an access point along Oil Well Road but does not increase the number of access points along Oil Well Road. The Department agrees that the 2555 SHUMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399 -2100 850 - 488 -8466 (p) ♦ 850- 921 -0781 (f) ♦ website: www.dca.state.fl.us ♦ COMMUNITY PLANNING 850 -488 -2356 (p) 850 -488 -3309 (f) • FLORIDA COMMUNITIES TRUST 850 - 922 -2207 (p) 850- 921 -1747 (f) ♦ HOUSING AND COMMUNITY DEVELOPMENT 850-48B-7956(p) 850-922-5623(q . Exhibit B page 1 of 3 80 '4 Mr. Ray Bellows, AICP September 21, 2010 Page 2 proposed change is similar in impact to the changes enumerated in sub - paragraphs 380.06(19)(e)2.a j, F.S., and does not create the likelihood of any additional regional impact. Thus, pursuant to sub - paragraph 380.06(19)(e)2.1, F.S., the proposed change does not require the filing of a notice of proposed change. However, an application to Collier County to amend the DRI development order (Exhibit C: SRA Master Plan) in accordance with the County's procedures for amendment of a development order is required; and if approved, the County must render the amended development order to the Department. If you have any questions regarding this matter, please contact Brenda Winningham, Regional Planning Administrator, at (850) 922 -1800 or Scott Rogers, Principal Planner, at (850) 922 -1758. Sincere y yours, Mike McDaniel Chief, Office of Comprehensive Planning MM/sr Attachments: Town of Ave Marie SRA Master Plan (revised March 2010) cc: Nick Casalanguida, Collier County Daniel Trescott, SWFRPC George Varnadoe, Cheffy Passidomo, P.A. Exhibit B page 2 of 3 80 Y�Mi tl WNAtO tStfpn 'YbaMYnpieMMLSp.• VN��43I1 64n103t5M09 •A24Wn50(.YMtWt2)Op ' kt -- ! doom m 1i (tt j i r � D f =© y_' o o o o o w s n N ^ c � inn_. in _! 3 �os'o�D � d D OIL WELL ROAD C� o ID Exhibit °� page 3of3