CCPC Agenda 11/04/2010 R
CCPC
REGULAR
MEETING
AGENDA
NOVEMBER 4, 2010
AGENDA
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, NOVEMBER 4,
2010, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING,
COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY
ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION
OR GROUP ARE ENCOURAGED AND MAYBE ALLOTTED 10 MINUTES TO SPEAK
ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO
HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA
PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF ]0 DAYS PRIOR TO
THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS
INTENDED TO BE CONSIDERED BY THE CCPC 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 CCPC
WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE
AVAILABLE FOR PRESENT AT]ON TO THE BOARD OF COUNTY COMMISSIONERS
IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC 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 EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
]. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADDENDA TO THE AGENDA
4. PLANNING COMMISSION ABSENCES
5. APPROVAL OF MINUTES ~ October 7. 2010
6. BCC REPORT- RECAPS - October 26,2010
7. CHAIRMAN'S REPORT
8. CONSENT AGENDA ITEMS
A. PVDA-2007-AR-1196I: Voila, II, LLC, represented by Margaret Perry, of WilsonMiller, Inc. and
Richard Y ovanovich. Esquire of Coleman. Y ovanovich & Koester. P.A., is requesting an amendment to
Sonoma Oaks Mixed Vse Planned Vnit Development (MPVD) to allow a maximum of 114 residential
dwelling units and/or a maximum of 456 senior housing units on the residential portion and up to 120.000
square feet of commercial development and/or senior housing units at aFAR of 0.60 on the 8.93 acre
commercial portion of this 37St acre total project. Senior housing units include independent living
facilities, assisted living facilities and/or skilled nursing facilities. The subject property is located on the
west side of Collier Boulevard (CR 951) between Wolfe Road and Loop Road, in Section 34, Township
48 South, Range 26 East, Collier County, Florida. [Coordinator: Kay Deselem. AICPl
1
9. ADVERTISED PUBLIC HEARINGS
A. Petition: DOA-PL201O-1751 A resolution amending Resolution Number 05-235 (Development Order No.
05-01), as amended, for the Town of Ave Maria Development of Regional Impact ("DR.") 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. [Coordinator: Kay DeselemJ
10. OLD BUSINESS
A. Memo regarding the Watershed Management Plan Workshop schedules - [Coordinator: Mac Hatcher]
II. NEW BUSINESS
12. PUBLIC COMMENT ITEM
13. DISCUSSION OF ADDENDA
14. ADJOURN
10/25/1 0 CCPC Agenda/Ray Bellows/jmp
2
Co~"Y County
~~
AGENDA ITEM 9-A
-
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT
GROWTH MANAGEMENT DIVISION--PLANNING & REGULA nON
HEARING DATE: NOVEMBER 4,2010
SUBJECT: DOA-PL2010-1751, THE TOWN OF AVE MARIA DR!
PROPERTY OWNER &APPLlCANT/AGENTS:
Ownerl Applicant
Agents:
David Genson, P.E.
Ave Maria Development, LLLP
2600 Golden Gate Pkwy.
Naples, FL 34105
REOUESTED ACTION:
George Varnadoe, Esq.
CheffY Passidomo
821 Fifth Ave S., Suite 201
Naples, FL 34102
Alan D. Reynolds, AICP
WilsonMiller Stantec
3200 Bailey Lane, Suite 200
Naples, FL 34105
The petitioner is requesting an amendment to the Town of Ave Maria Development of Regional
Impact (DR!) Development Order (DO) to revise Exhibit C so the DR! DO will match the Town of
Ave Maria Stewardship Receiving Area (SRA) plans regarding the division of the Town Center 2
tract into Town Center 2a and 2b. See further details under "PurposelDescription of Project."
GEOGRAPIDC LOCATION:
The DR! subject property, consisting of 5,027 acres, is located on the north side of Oil Well Road,
the west side of Camp Keais Road and approximately 6,000 feet south of Immokalee Road (CR-
846). The property lies within Sections 4-9 & 16-18, Township 48 South, Range 29 East and
Sections 31-33 Township 47 South, Range 29 East. (See the location map on following page)
PURPOSEIDESCRIPTION OF PROJECT:
The SRA was administratively amended consistent with the allowance of the SRA resolution
(Resolution No. 2005-234A) and Section 4.08.07 of the Collier County Land Development Code.
That amendment, reflected in the approval documents for SRAA-PL2010-313, divided Town
Center 2 into Town Center 2a and 2b, moving Town Center 2b, approximately 50 acres in size,
from Camp Keais Road to a site along Oil Well Road as depicted on the attached SRA Master
Plan. In addition, the petitioner is relocating access points along Oil Well Road. The westemmost
access point is being moved to accommodate the Town Center 2b relocation.
The petitioners are seeking this DR! (DR!) Development Order (DO) Amendment (DOA) in
response to correspondence from the State of Florida Department of Community Affairs (DCA)
Town of Ave Maria DRI, DOA-PL2010-1751
November 4, 2010 CCPC
Rev: 10120/10
Page 1 of6
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who has opined that since the SRA Master Plan is included as Exhibit C in the original DR! DO,
the DR! DO must be amended to match the SRA Master Plan (See attached letter from DCA). In
the DCA letter, the state has determined that the DR! DO can be amended without submitting an
official Notice of Proposed Change (NOPC).
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Town of Ave Maria DRI, DOA.PL2010.1751
November 4, 2010 CCPC
Rev: 10/20/1 0
Page 2 016
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Excerpt from Revised SRA Master Plan
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Town of Ave Maria DRI. DOA-PL2010-1751
November 4,2010 CCPC
Rev: 10120/10
Page 3 of6
The first point of analysis in any DOA is to determine whether it is a substantial deviation. Florida
Statute 380.06(l9)(e) provides in subsection (2) that certain development order changes are not
substantial deviations, as follows:
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-subparagraph~ a.-j. and which
does not create the likelihood of any additional regional impact.
The Statute further provides that such a change is processed by an application for DO amendment
through the local govemment without the necessity of filing for an NOPC with the Regional
Planning Council (RPC). The staMory language is as follows:
This subsection does not require the jiling of a notice of proposed change but shall
require an application to the local government to amend the development order in
accordance with the local government's procedures jor amendment of a
development order. In accordance with the local government's procedures.
including requirements for notice to the applicant and the public, the local
government shall either deny the application for amendment or adopt an
amendment to the development order which approves the application with or
without conditions.
This method of a DOA is different from the norm, where the applicant files a Notice of Proposed
Change (NOPC) with the County and Regional Planning CounciL
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC):
Copies of the submittal documents were provided to the RPC for review. RPC staff has
determined that no formal review by the RPC is required and a hearing before the RPC is not
required (See attached August 5, 2010 letter from DanielL. Trescott, RPC.
DEPARTMENT OF COMMUNITY AFFAIRS (DCA):
Copies of the submittal documents were provided to DCA for review. No comments have been
received from that agency.
STAFF REVIEW:
Zoning Review: Development parameters contained in DR! Development Orders are prerequisite
to zoning actions that implement DR! approved land use authorizations. DR! Development Orders
are structured to contain regulations that respond to relationships dictated by State Administrative
rules. Specifically, those relationships and questions that an applicant is required to analyze and
report on as part of their Application for Development Approval (ADA) are included in the DRI
DO. As noted above, the DR! DO that is proposed for adoption mirrors the SRA amendment that
was administratively approved in March 2010. As such, it is appropriate to incorporate the revised
Master Plan into the DR! DO.
Town of Ave Maria DRI, DOA-PL2010-1751
November 4, 2010 CCPC
Rev: 10120110
Page 4 of6
Transportation Review: Transportation Planning staff has reviewed the Ave Maria Development
Order Amendment and has determined that the proposed amendments do not present an additional
impact on the adjacent roadway network. As such, the roadway network has sufficient capacity to
accommodate this project within the 5-year planning period, and staff recommends that this project
be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan
(GMP).
A letter from the applicants traffic engineer has been submitted in lieu of a Traffic Impact
Statement (TIS) included as back-up material. In the opinion of Staff, this letter addresses this
project's existing traffic impacts and recognizes that there are minimal changes to the distribution
characteristics of the DR!; though nothing is indicated that would impact the project's consistency
with GMP Transportation Element Policy 5.1.
Those policies require the review of all rezone requests with consideration of their impact on the
overall transportation system, and specifically note that the County should not approve any request
that significantly impacts a roadway segment already operating and/or projected to operate at an
unacceptable Level of Service (LOS) within the five-year planning period unless specific
mitigating stipulations are approved. Mitigation requirements have been previously addressed and
satisfied in prior approvals.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for this petition revised on October 14,
2010.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition DOA-PL-
2010-1751 to the Board of County Commissioners (BCC) with a recommendation of approval as
described by the amending DR! Development Order resolution.
Town of Ave Maria DRI, DOA-PL2010-1751
November 4,2010 CCPC
Rev: 10120110
Page 5 of6
PREPARED BY:
10! II /to
DATE
REVIEWED BY:
~'t,~
RA ND V. BELLOWS, ZONING MANAGER
DEPARTMENT OF LAND DEVELOPMENT SERVICES
10 li- 10
DATE
LLlAM D. LO Z, JR., .E., DIRECTOR
DEPARTMENT OF LAND DEVELOPMENT SERVICES
/0' ;1--7...010
DATE
APPROVED BY:
?1vJ
NICK CASALANGUlDA, DEP MINISTRATOR
GROWTH MANAGEMENT DIVISION
10 -It.; - 2- 010
DATE
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
DATE
Tentatively scheduled for the December 14,2010 Board of County Commissioners Meeting
Town of Ave Maria DRI, DOA-PL2010-1751
November 4, 2010 CCPC
Rev: 10/7/10
Page 6 016
DEVELOPMENT ORDER NO. 10-
RESOLUTION NO. 10 -
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-PL2010-1751)
WHEREAS, the Board of County Commissioners of Collier County, F]orida approved
Resolution No. 05-235 (Development Order No.05-01) which approved a Development of
Regional Impact (DRI) known as the to'WTI of Ave Maria DRI on June ]4, 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. 05-0 I),
as amended, to correct a scrivener's error by Resolution No. 05-377 adopted on November I,
2005; and
WHEREAS, the Board of County Commissioners approved Resolution No. 08-153
(Development Order No.08-01) whieh revised the Development Order relative to tbe Affordable
Housing Section on May 27, 2008: and
Ave MarialDOA-PL2010-175 I
Rev. 10120/10 1 of 4
Words strock thf8Hgb are deleted; words underlined are added.
WHEREAS. George L Varnadoe, 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
.2010: 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 _
.2010.
NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO DEVELOPMENT ORDER AND MASTER PLA.:'1
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
I. The proposed changes to the previously approved DRl do not meet or exceed any
of the criteria in the DRI Development Order or in Subsection 380.06(l9)(b), Florida Slafules.
2. The proposed changes to thc prcviously approvcd DRl are in accordancc with
Subsection 380.06(19)(e)2.k. Florida Statutes, which st.ates in part, that "The following changes.
individually or cumulatively with any previous changes, are not substantial deviations: k. Any
other change which the statc 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-PL2010-1751
Rev. 10/20/10 2 of 4
Words ,true!; threugh 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 a~ Exhibit B is the September 2],
20] 0 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 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 Stalutes, as an1ended.
6. No increase in 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(l9)(e)(2), Florida Stalutes.
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 Managcment Plan and the Collier County Land Development
Code adopted pursuant thereto.
Ave MariaiDOA.PL20LO-1751
Rev. 10f20/10 3 of 4
Words struek t!l:.eligb 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 A~l} 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 tem1S 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
Board.
This Resolution adopted this __. ~_ day of ___
. 20 I 0, after motlOn, second.
and favorable vote. L.._ ~
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUKTY. FLORIDA
BY:
, Depuly Clerk
FRED W. COYLE. Chailman
Approved as to fornl
and legal sufficiency:
CAe- \ ()
~..,\.,;J\
.
Heidi Ashton-Cicko
Assislant County Attorney
Attaclunent: Exhibit A - SRA Master Plan
Exhibit B - DCA letter
Ave MariaiDOA-PL2010-175 I
Rev. 10120110 4 of 4
Words struel, tlif0Hgk are deleted; words underlined are added.
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PAGE 82/84
.
S'-ATE OF FlOF1IJA
DEPARTMENT OF COMMUNITY AFFAIRS
'Dedicated 10 making F/onda a better pia ce to eai/Ileme'
CHAHUE CPIST
Gwetrlot
THOMAS G. pEU-IAM
S",t:tt!Ia;y
Septem her 21, 2010
Mr. Raymond Bellows, Ale?
Plann;ng M8.nager
ZOlling Services Section
Department of Land Development Services
Growth Management Division - Pl21Uling & Regulation
2800 N. Horseshoe Drive
Nap1csl Florida 341 04
RE: Tow;] of Ave Maria Devclopmcni of Reg,ional Impact
Dear Mr. Bellows:
On August 20, 2.010. (he Departmcilt issued a letter responding to your questions
regardir,g the internal movement of commercial land useS in the Town of Ave Maria
Development ofRegiol1allmpact (DH I) and whether the Department concurred with the
SoutJlwest Florida Regional Planning Council (Daniel Trescott) that such ffiovement does not
require a Notice of Proposed Change (NOPC) pursuant to sub-paragraph 380.06(19)(e)2.1,
Florida Statutes (F.S.). Sub-puragraph 3RO.06(19)(e)2.1, F.S., s\.ales, in part, that the fallowing
changes. indivlduolly or cumula/ively with any previous changes. aye not subs/antfal deviations:
I. Any other change which the state land planning agency. in consultation with the regional
planning council, agree,~ in writing is similar in nalure, impact, or character to the change.,
enumerated in sub-paragraphs a..j. and which does not c",ole'lhe likelihood of ony additional
,'egional impact. The DepartITlent'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 Depmmenl h3.'3 received additional information regarding the location and extent of
the internal movement of land uses and rcevalua:cd whether such a change would meet the
requirements ofsub-paragrapb 380.06(19)(e)2.1, F.S. The internal movement, or change. is to
revise lhe Town of Ave Maria SRA Master Plan to relocate 50 acres ofTowlI Center as follows:
(1) divide Town Ccntcr 2 into Town Center 2a and 21>; and (2) Town Center 2b will be moved
away from its Gunent location along Camp Keais Road to an area with frontage along Oil Well
R02d as shown on the attached revi.::;ed SRA Master Plan. TIle change does not change
entitlements of the pr<;>jeet. nJe cl1angc relocates an access point along Oil WeH Road but docs
not increase the number of access points along Oil Well Hoad. The Department agrees that the
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EXHIBIT 3
89/27/2818 15:53
8584883389
COMM PLANNI"G
PAGE 83/84
Mr. Ray Bellows, AlCP
September 21, 2010
Page 2
proposed change is similar in impact to the changes enulUerated in sub-paragraphs
380.06(19)(e)2.a-j, .1'$., and does not create tl,c likelihood of any additional regional impact.
ThIIS, pursuant to sub-paragmph 380.06(1 9)(e)2'[, .1'.5., the proposed change dees not require the
filing of a notice of propos cd change. However, an application to ColJicr County to amend the
DRl development order (Exhibit C: SRA Master Plan) in accordance with the County's
procedures for amendmcnt of a development ordcr is required; and if approved, the County must
render the amendcd development order to the Depart01ent
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.
)ft1i;];OjiJ ~;t~J
Mike McDaniel
Chief; Office of Comprehensi VI' Plann.ing
MM/sr
Atts.chments: Town of Ave Marie 8RA Master Plan (revised March 20.10)
cc' Nick CasaJanguida, Collier County
Daniel Trescott, 8WFRPC
George Varnadoe, Chcffy Passidoll1o, P.A.
89/27/2010 15:53
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