Agenda 01/22/2019 Item #16F301/22/2019
EXECUTIVE SUMMARY
Recommendation to approve a reimbursement in the amount of $50,375.04 to Ave Maria
Development, LLLP, for impact fees paid on January 28, 2008, for cancelled Building Permit
Number 2006063564 for a Medical Office Building originally proposed for Folio #22671201708,
which property was recognized by the Board of County Commissioners to be transferred from Ave
Maria Development LLLP to Collier County for the development of a Public Safety Center to serve
Ave Maria and surrounding area with EMS, Sheriff and Fire services.
OBJECTIVE: To approve a reimbursement in the amount of $50,375.04 to Ave Maria Development,
LLLP, for impact fees paid on cancelled Building Permit Number 2006063564, upon recording of a
Warranty Deed transferring the property to Collier County, for development of a future multi-purpose
Public Safety Center.
CONSIDERATIONS: On September 25, 2018, Item 16.E.10 (Attachment A), the Board recognized the
proposed transfer of property from Ave Maria Development to the County for a permanent public safety
joint facility as required by Resolution No. 14-220 (Attachment B).
A medical office building was originally intended for the property. Per Section 10.02.07.C. of the Land
Development Code, thirty-three percent of the estimated road impact fees were paid for approval of the
site development plan and the remaining impact fees were paid upon issuance of the building permit. The
permit has subsequently been cancelled and, as noted above, the property is in the process of being
transferred to the County.
Impact fees were paid on the building permit in the amount of $464,305.63. Road impact fee credits in
the amount of $413,930.59 resulting from a Developer Contribution Agreement for the advancement of
design and construction of a segment of Oil Well Road, and the road impact fees previously paid for
approval of the Site Development Plan, were used toward payment of the road impact fees. The
remaining fees in the amount of $50,375.04 were paid by check.
Per Chapter 74 of the Collier County Code of Laws and Ordinances, otherwise known as the Collier
County Consolidated Impact Fee Ordinance, impact fees paid are refundable within four years of payment
and after that date they run with the land to be used toward future development. However, in this unique
circumstance, the impact fees were paid over four years ago but cannot be used for future development
due to the transfer of the property to Collier County for a Public Safety Center to benefit the Town of Ave
Maria and the surrounding area with EMS, Sheriff and Fire services. The paid fees were not
contemplated in the transfer of the property.
If approved by the Board, the road impact fee credits in the amount of $413,930.59 will be returned to the
Ave Maria Development credit account(s) upon recording of the Warranty Deed and will be used for
future development within Ave Maria or within the same or adjacent road impact fee district as provided
by the Collier County Consolidated Impact Fee Ordinance.
Reimbursement has been requested for the remaining $50,375.04 as follows:
IMPACT FEE AMOUNT GL ACCOUNT
Road $5,782.75 339-163659-649980-31339.1
EMS $3,901.46 350-140470-649880-31350.1
Government Buildings $30,990.92 390-122231-649880-31390.1
Jail $6,193.41 381-110430-649880-31381.1
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Law Enforcement $3,506.50 385-110433-649880-31385.1
TOTAL $50,375.04
FISCAL IMPACT: There is no fiscal impact associated with this item. The transportation impact fee
credits in the amount of $413,930.59 will be transferred to a development within the same or adjacent
road district. The requested impact fee reimbursement in the amount of $50,375.04 will be paid from the
applicable impact fee trust funds as the building permit has been cancelled, the proposed building will not
be constructed on the site, and the impact fees paid cannot be used on the subject property.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To approve a reimbursement in the amount of $50,375.04 to Ave Maria
Development, LLLP, for impact fees paid on cancelled Building Permit Number 2006063564, upon
recording of a Warranty Deed transferring the property to Collier County for development of a future
multi-purpose Public Safety Center.
Prepared by: Paula Fleishman, Senior Operations Analyst
Capital Project Planning, Impact Fees and Program Management Division
Growth Management Department
ATTACHMENT(S)
1. Attachment A: Ave Maria Land Donation Executive Summary (PDF)
2. Attachment B: Resolution 2014-220 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.3
Doc ID: 7595
Item Summary: Recommendation to approve a reimbursement in the amount of $50,375.04 to
Ave Maria Development, LLLP, for impact fees paid on January 28, 2008, for cancelled Building Permit
Number 2006063564 for a Medical Office Building originally propose d for Folio #22671201708, which
property was recognized by the Board of County Commissioners to be transferred from Ave Maria
Development LLLP to Collier County for the development of a Public Safety Center to serve Ave Maria
and surrounding area with EMS, Sheriff and Fire services.
Meeting Date: 01/22/2019
Prepared by:
Title: Operations Analyst, Senior – Capital Project Planning, Impact Fees, and Program Management
Name: Paula Fleishman
12/17/2018 12:44 PM
Submitted by:
Title: Division Director - Corp Fin & Mgmt Svc – Budget and Management Office
Name: Mark Isackson
12/17/2018 12:44 PM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 12/18/2018 8:43 AM
Growth Management Department Thaddeus Cohen Additional Reviewer Completed 12/20/2018 8:45 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 12/20/2018 9:07 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/20/2018 9:25 AM
County Attorney's Office Emily Pepin CAO Preview Completed 12/20/2018 11:15 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/04/2019 12:40 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/13/2019 7:48 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/22/2019 9:00 AM
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EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with Immokalee Fire District on County-owned
property located within the Town of Ave Maria, authorize impact fee credits to Ave Maria
Development, LLLP for the one-acre parcel, authorize the disbursement of $121,000 to Ave Maria
Development LLLP for site development improvements and authorize a Budget Amendment for
EMS Budget FY 19.
OBJECTIVE: A Lease Agreement is required for the Immokalee Fire District to construct a Multi -
Purpose Public Safety Facility on three acres of County-owned property within the Town of Ave Maria.
CONSIDERATIONS: Resolution No. 05-235, Development Order No. 0501, and now required by
Resolution No. 14-220, cited that Ave Maria Development, LLLP (Developer) would transfer four acres
of vacant land to Collier County for the development of a future government building on one -acre and a
multi-purpose Public Safety Center (PSC) on three acres in order to serve the Town of Ave Maria and the
surrounding area with EMS, Sheriff, and Fire services. The PSC will be designated as Fire Station #32.
Per the conditions stated in Section Three of Resolution 14-220, Ave Maria Development, LLLP, as
developer, will receive Government Building impact fee credits for the one -acre site dedication to the
County in the amount of $337,590 upon recording of the Warranty Deed.
In a joint-venture with the Immokalee Fire District (District) and the County (collectively referred to as
the Party or Parties), the Parties have agreed that the District will lease three acres of the four acres
deeded to the County for the construction and operation of a PSC. All costs for the design, construction,
permitting, management, and on-going maintenance will be the sole cost of the District. The District shall
provide the County with space within the PSC for the Sheriff’s Office and EMS.
The County shall utilize the west half of Apparatus Bay Number 3 for one County EMS vehicle and
related equipment, two offices (Numbers 106 and 108), and two bunk rooms (Number 231 and 232). The
County shall provide its own furniture and equipment for those offices. The District shall furnish the
County EMS/Sheriff’s bunk rooms in a similar manner as the District’s bunk rooms. The common areas
that shall be shared by both Parties include the lobby, board room/training room, kitchenette,
decontamination room, treatment room, stairs/elevator, kitchen, dining room, day room, fitness area,
janitorial closet, bunker gear room, patio, parking area, EMS supply room, and male and female
restrooms with shower facilities. The County may request use of the east half of Apparatus Bay Number 3
for a second EMS vehicle and for a third bunk room to accommodate the additional staff.
The Lease term shall be for thirty years and shall automatically renew for consecutive thirty-year terms
unless the Parties mutually agree to terminate the lease by providing sixty-days prior notice to the other
Party prior to the conclusion of any thirty-year term. In lieu of rent, the District shall pay the County a
one-time payment of $121,000, which shall be remitted to Ave Maria Development, LLLP, and reflects
the cost associated with site development improvements. The County shall then pay $4,033.32 to the
District annually for the initial thirty-year lease term as rent for its use of the PSC. This annual payment
will reimburse the District for its initial $121,000 contribution. No rent will be due to the District for any
of the additional terms.
The County shall pay for janitorial maintenance of its exclusive use areas. On-going maintenance of the
PSC shall be provided by the District, such as, but not limited to, parking lot and roadway maintenance,
exterior cleaning and painting, landscaping, signage, trash services, pest control and utility charges.
However, the County will be responsible to pay for its proportionate share of utility costs, which have
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been determined to be 40% of the total estimated annual costs for utilities. The first year’s payment for
utilities has been estimated to be $5,800. Any overpayment will be adjusted accordingly. Within thirty
days of the end of the first year of the Lease, the District will calculate the actual utility costs for the first
year and will notify the County of that amount. The County shall then pre-pay the following year’s
utilities based on 40% of the first year’s actual costs and shall be calculated in the same manner
throughout the life of the Lease term.
Any capital improvements of the PSC exceeding $2,500.00 will be shared by the Parties under a Capital
Improvement Maintenance Plan (CIM Plan) that will specify how payments for improvements will be
made. The Parties shall carry the insurance coverage as required by State law. The Lease shall not be
assigned to another party without the written consent of both Parties. However, if the District merges or
consolidates with another governmental entity, then no further action will be required by the Parties.
If the District fails to commence construction within two (2) years from the date that the County accepts
ownership and title to the subject property, the County may terminate the Lease by providing written
notice to the District in the event the Parties cannot mutually agree upon an acceptable extension date. If
the County terminates the Lease prior to payment in full of the $121,000, the County shall pay the District
121,000 (or the remaining unpaid amount) within sixty days of termination.
At the termination of the Lease, upon mutual agreement by the Parties, the District shall redeliver
possession of the PSC and the property to the County. The District shall have the right to remove its
personal property and equipment. The District also has the right to either demolish or sell the PSC to the
County for fair market value or for the actual cost of construction of the PSC, whichever amount is
greater.
As of the writing of this Executive Summary, approval of the Lease Agreement is on the Immokalee Fire
District Board Agenda of September 20, 2018. Staff recommends that approval of this item be contingent
upon passage by and signature of the Immokalee Fire District Board in its current form within 90 days of
the Board of County Commissioner’s approval.
FISCAL IMPACT: The annual rent for the first year, in the amount of $4,033.32, and the annual rent
thereafter, shall be withdrawn from the respective EMS and Sheriff’s Office General Fund (001)
accounts. The $121,000 lease payment from the District shall be deposited to EMS Fund 490. In the
EMS Fund 490, an FY19 Budget Amendment is necessary to recognize the lease payment from
Immokalee Fire District in the amount of $121,000 and the disbursement to Ave Maria Development
LLLP for the same amount.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality and requires majority vote for Board action. -JAK
RECOMMENDATION: To approve and authorize the Chairman to execute the Lease Agreement with
Immokalee Fire District (in accordance with the provisions specified in the Considerations Section
above); to authorize impact fee credits in the amount of $337,590 to Ave Maria Development, LLLP;
authorize payment of $121,000 to Ave Maria Development LLLP for site improvements, and authorize a
Budget Amendment for EMS Fund 490 FY 2019 recognizing and appropriating $121,000.
Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
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ATTACHMENT(S)
1. Immokalee FD Lease Agreement - Ave Maria (PDF)
2. Resolution 2014-220 (PDF)
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09/25/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.10
Doc ID: 6743
Item Summary: Recommendation to approve a Lease Agreement with Immokalee Fire District on
County-owned property located within the Town of Ave Maria, authorize impact fee credits to Ave Maria
Development, LLLP for the one-acre parcel, and authorize the disbursement of $121,000 to Ave Maria
Development LLLP for site development improvements.
Meeting Date: 09/25/2018
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
09/14/2018 4:48 PM
Submitted by:
Title: Deputy Department Head – Public Utilities Department
Name: Dan Rodriguez
09/14/2018 4:48 PM
Approved By:
Review:
Facilities Management Toni Mott Additional Reviewer Completed 09/14/2018 5:26 PM
Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 09/17/2018 9:29 AM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 09/17/2018 11:03 AM
Emergency Medical Services Tabatha Butcher Additional Reviewer Completed 09/18/2018 10:30 AM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 09/18/2018 10:50 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/18/2018 11:42 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/18/2018 2:42 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/18/2018 2:52 PM
County Attorney's Office Emily Pepin CAO Preview Completed 09/18/2018 3:26 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/19/2018 12:02 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM
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RESOLUTION NO. 14 -220
RESCISSION OF THE TOWN OF AVE MARIA
DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA PURSUANT TO SECTION 380.115(1)(b),
FLORIDA STATUTES, APPROVING THE APPLICATION FOR
RESCISSION OF THE TOWN OF AVE MARIA DEVELOPMENT OF
REGIONAL IMPACT; PROVIDING FOR FINDINGS OF FACT AND
CONCLUSIONS OF LAW; PROVIDING FOR APPROVAL OF THE
RESCISSION OF THE DEVELOPMENT OF REGIONAL IMPACT
DEVELOPMENT ORDER, AND COMPLIANCE WITH POST-
RESCISSION DEVELOPMENT WITH COUNTY REGULATONS;
PROVIDING FOR CONDITIONS; PROVIDING FOR RECORDATION;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED NORTH
OF OIL WELL ROAD AND WEST OF CAMP KEAIS ROAD IN
SECTIONS 31 THROUGH 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST
AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48
SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA.
PETITION DRIABN-PL20130002016]
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Resolution No. 05-235 (Development Order No. 05-01) which approved a Development of
Regional Impact (DRI) known as the Town of Ave Maria DRI on June 14, 2005; and
WHEREAS, the real property which is the subject of the Development Order is legally
described and set forth as Exhibit A to Resolution No. 05-235 (Development Order No. 05-01),
as amended, to correct a scrivener's error by Resolution No. 05-377 adopted on November 1,
2005 (the "Property"); and
WHEREAS, the Town of Ave Maria DRI was amended by Resolution No. 08-153
Development Order 08-01) which revised the Development Order relative to the Affordable
Housing Section and by Resolution No. 11-132 (Development Order 11-03) which revised
Development Order Exhibit "C" and Map "H" by dividing Town Center 2 into Town Center 2a
and Town Center 2b, relocating Town Center 2b to Oil Well Road, and relocating an access
point on Oil well Road; and
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WHEREAS, Section 380.115(1)(b), Florida Statutes, provides the procedure for
rescission of a development of regional impact; and
WHEREAS, Ave Maria Development, LLLP, as Developer and original Developer for
the DRI, has applied to the Board of County Commissioners to rescind the Town of Ave Maria
Development of Regional Impact pursuant to the above-referenced Statute; and
WHEREAS, all owners of property within the Town of Ave Maria DRI have not
consented to said rescission; and
WHEREAS, the Southwest Florida Regional Planning Council considered the
application; and
WHEREAS, the Florida Department of Economic Opportunity has reviewed the
application; and
WHEREAS, all required public notices for hearings on the application have been
published; and
WHEREAS, the Collier County Planning Commission has conducted a public hearing on
September 4, 2014 and recommended the approval of the application to rescind the Town of Ave
Maria DRI and the Development Order and recommended the adoption of this Resolution
rescinding the DRI and the Development Order.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: RECITALS. The Recitals in the preceding "Whereas" clauses are true and
correct and are incorporated herein by reference as if repeated verbatim herein.
SECTION TWO: RECESSION APPROVED. The application for the rescission of the
Town of Ave Maria Development of Regional Impact and the Development Order is hereby
approved in accordance with this Resolution.
SECTION THREE: CONDITIONS. The following conditions will apply to any future
development of the Property and will run with the Property unless and until they are modified or
repealed by subsequent resolutions of the County:
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HISTORICAL AND ARCHEOLOGICAL SITES
The research used for the ADA will be utilized to develop text for a historical
marker commemorating the Second Seminole War activities, which will be placed
at an appropriate location within Ave Maria. The historical marker, size, content,
and location will be subject to approval by Zoning Services Historical Review
staff. This marker will be installed by no later than December 31, 2014.
EDUCATION
Notwithstanding the abandonment of the DRI, upon request by the School
District, (but in no event later than June 1st,
2020, unless such date is extended by
the School District in writing, at its discretion) the Developer shall dedicate
approximately 60 developable acres for a high school and ancillary facilities,
outside the Town of Ave Maria and in a location requested by the School District
staff that is approximately two (2) miles west of Camp Keais Road, north of
Immokalee Road and generally situated in Sections 20, 21, or 22 in Township 47,
Range 28 of Collier County, Florida or in another location that is agreeable to
both Developer and the School District.
The School District's acceptance of the dedicated site shall be contingent upon a
satisfactory feasibility study demonstrating that the land is suitable for the School
District's intended use as a high school site with appropriate environmental
conditions, useable acreage and direct legal access to a public right-of-way.
The Developer shall receive educational impact fee credits in exchange for the
dedicated site as set forth in a Tri-party Developer Contribution Agreement
including the Developer, the School District and Collier County) with the amount
determined in accordance with a mutually agreed land appraisal valuation for the
dedicated site.
POLICE AND FIRE PROTECTION
A. Developer shall assist in the development, building, and funding of a Multi-
purpose Public Safety Center to house emergency response personnel and
equipment to ensure that the development does not dilute the existing
emergency services in Immokalee and surrounding communities.
B. Developer has committed to provide a temporary public safety facility and a
minimum of three acres of property for a permanent joint facility which will
meet the needs of the Immokalee Fire District, Collier Emergency Medical
Services, and the Collier Sheriff's Department as the Town grows. In addition
to the commitment to dedicate a minimum of three acres for a joint facility to
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house EMS/Fire Station/Sheriff sub-station, Developer agrees to reserve an
additional one acre site within the Town for "Government Building(s)"
adjacent to the joint facility. This site shall be reserved by Developer until
development of whichever is the latter in time: 75% of the total number of
residential dwelling units or 75% of total area of non-residential uses; as
measured at time of building permit approvals. If such a commitment is not
exercised by timely notice from the County to the Developer as stated
immediately above, then this one acre site reservation shall terminate. The one
acre site shall be dedicated to the County in exchange for impact fee credits
upon the County committing to construct a "Government Building(s)" facility
by identifying same within the County's CIP.
SECTION FOUR: FINDINGS OF FACT. The Board of County Commissioners hereby
makes the following findings of fact:
1. Developer owner requested the rescission of the Development Order because
circumstances and the DRI law have changed such that development within a rural
land stewardship area created under Section 163.3248, F.S. is now exempt from the
DRI review.
2. The Town of Ave Maria Stewardship Receiving Area (the "SRA") created by
Resolution No. 2004-89 adopted on March 23, 2004 and Resolution No. 2005-234A
on June 14, 2005, as amended are within the Rural Land Stewardship Area Overlay.
3. Under Section 163.3248(11), F.S., the rural land stewardship area located in Collier
County is "to be recognized as a statutory rural land stewardship area".
4. Under Section 380.115, F.S., a development that has a DRI Development Order, but
is no longer required to undergo DRI review because it is now exempt under
380.06(24) shall be rescinded by the local government upon a showing that required
mitigation will be completed under an existing permit or equivalent authorization by
the county provided such permit or authorization is subject to enforcement through
administrative and judicial remedies.
5. The amount of development constructed to date is approximately 552 residential
dwelling units, 145,843 square feet of retail/service, 333,442 square feet of office
development, and university buildings and student housing have been completed to
date. Additionally, lands have been developed for infrastructure, water management
facilities, parks and open space uses in accordance with the approved DRI and SRA
master plans.
6. The development proposed after rescission shall comply with (1) the provisions of
Resolution No. 2004-89 adopted on March 23, 2004 and Resolution No. 2005-234A
on June 14, 2005, as amended, (`the SRA Documents"), which are the Planned
Development Document for the Town of Ave Maria Stewardship Receiving Area;
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2) the conditions set forth in Section Three of this Resolution; (3) the Collier
County Land Development Code, as it may be amended; and (4) all Developer
Contribution Agreements and other applicable agreements between Collier County
and Ave Maria Development, LLLP.
7. Other impacts of the development proposed after rescission will be adequately
mitigated by compliance with the provisions of the SRA Documents and the Collier
County Land Development Code. This includes, but is not limited to, the payment of
all required impact fees, and compliance with the County's Concurrency
Management System.
8. The rescission will have no adverse impact upon, and is consistent with, the Collier
County Growth Management Plan and land development regulations.
SECTION FIVE: CONCLUSIONS OF LAW: The Board of County Commissioners hereby
makes the following conclusions of law:
1. The Town of Ave Maria DRI is eligible for rescission because the development
within a rural land stewardship area created or recognized under Section 163.3248,
F.S. is now exempt from review under Section 380.06(24)(m), F.S.
2. The development proposed after rescission is consistent with the Collier County
Growth Management Plan and Land Development Code, and does not need to be
authorized as a development of regional impact to proceed.
3. The development proposed after rescission is consistent with the Collier County
Growth Management Plan and land development regulations so long as the post-
rescission development complies with the SRA Documents and the Collier County
Land Development Code.
4. The proposed development after rescission will be consistent with the State
Comprehensive Plan, the State Land Development Plan, and the Southwest Florida
Regional Policy Plan.
SECTION SIX: APPROVAL OF RESCISSION OF DRI, REPEAL OF DRI
DEVELOPMENT ORDER, AS AMENDED, AND COMPLIANCE
OF POST RESCISSION DEVELOPMENT WITH COUNTY
REGULATIONS.
1. The application to rescind the Town of Ave Maria Development of Regional Impact
is hereby approved, subject to the terms and conditions herein.
2. The Town of Ave Maria Development of Regional Impact and Development Order
05-01, as amended, is hereby rescinded in its entirety and shall be of no further force
or effect.
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3. The development proposed after rescission shall comply with (1) the provisions of
Resolution No. 2004-89 adopted on March 23, 2004 and Resolution No. 2005-234A
on June 14, 2005, as amended, (`the SRA Documents"), which are the Planned
Development Document for the Town of Ave Maria Stewardship Receiving Area;
2) the conditions set forth in Section Three of this Resolution; (3) the Collier
County Land Development Code, as it may be amended; and (4) all DCA and
applicable agreements between Collier County and Ave Maria Development, LLLP.
4. The terms and conditions of this Resolution shall be binding upon the Owners and
their assigns or successors in interest.
SECTION SEVEN: SEVERABILITY. If any section, sentence, clause or phrase of this
Resolution is held invalid or unconstitutional by any court of competent jurisdiction, said holding
shall in no way affect the validity of the remaining portions of this Resolution, and the remainder
of this Resolution shall remain in full force and effect.
SECTION EIGHT: RECORDATION. Ave Maria Development, LLLP shall pay for the
recording of this Resolution in the Official Land Records of Collier County.
SECTION NINE: EFFECTIVE DATE. This Resolution shall take effect as provided by law.
This Resolution adopted this i LPL1•.
day of 0(_'-? o hQ r"2014 after
motion, second and majority vote.
ATTEST: BOARD OF CO I TY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLL R CO/TY, FLORIDA
D P. • h.
D `ut Clerk TOM ENN ., Chairman
Attes as to Chairman s i
signature only.
Appr ved as to form and legality:
Heidi Ashton-Cicko v
Managing Assistant County Attorney
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