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Resolution 2012-233 DEVELOPMENT ORDER NO. 12-0 2 RESOLUTION NO. 12-2 3 3 A RESOLUTION AMENDING RESOLUTION NUMBER 05- 235 (DEVELOPMENT ORDER NO. 05-01), AS AMENDED BY RESOLUTION NO 11-132 (DEVELOPMENT ORDER 11-03), 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" AND MAP "H" CONTAINED IN THE DRI DEVELOPMENT ORDER TO ADD 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 ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. (PETITION DOA-PL20120001160) 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 Town of Ave Maria DRI was amended by Resolution Nos. 08-153 (Development Order 08-01) which revised the Development Order relative to the Affordable Housing Section and 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 Ave Maria/DOA-PL20120001160 • Rev 11/13/12 1 of 5 Words struclE-threugh are deleted; words underlined are added. WHEREAS, RES Collier Holdings LLC has petitioned the Board of County Commissioners to amend the Town of Ave Maria Development Order by revising Exhibit "C" and Map "H" contained in the DRI Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the proposed amendment and held a public hearing on October 4, 2012; 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 November 13, 2012. 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 Map "H" and Exhibit "C" contained in the DRI Development Order, Resolution No. 05-235 (Development Order 05-01), as amended by Resolution No. 11-132, (Development Order 11-03), the Master Concept Plan, are hereby amended and attached to this Resolution as Exhibit "A", subject to the following conditions: 1. This Resolution approves the location of a driveway connection only. All turning movements, including median openings, shall be determined by Collier County in accordance with its access management policy at the time of right-of-way permit approval. Collier County retains the right at all times in its sole discretion to open, close or modify median openings. 2. All costs associated with the construction of turn lanes, median openings and other improvements related to the driveway connection shall be at the sole cost of owner or developer. SECTION TWO: FINDINGS OF FACT 1. The proposed changes to the previously approved DRI, individually or cumulatively with any previous change, do not constitute a substantial deviation under Subsections 380.06(19)(b) Ave Maria/DOA-PL20120001160 Rev 11/13/12 2 of 5 Words stfuek-through are deleted; words underlined are added. through (e), Florida Statutes, and do not exceed any other criterion for additional development of regional impact review. 2. The proposed changes to the previously approved DRI are in accordance with Subsection 380.06(19)(e)1., Florida Statutes. 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 Section 380.06, 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 in Map "H" and Exhibit "C" contained in the DRI Development Order 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. 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, either individually or cumulatively with previous changes, do not constitute substantial deviations under Section 380.06(19)(b) through (e), Florida Statutes, and a notice of proposed change was provided by petitioner pursuant to Subsection 380.06(19)(e)1., 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. Ave Maria/DOA-PL20120001160 Rev 11/13/12 3 of 5 Words struck through are deleted; words underlined are added. 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. 4. The proposed changes to the previously approved development are consistent with the State Comprehensive Plan. 5. The proposed changes to the previously approved development do not constitute a substantial deviation, do not require further development of regional impact review, and are otherwise approved. 6. This resolution shall be considered an amendment to the development order incorporating the approved change to the previously approved development. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEO 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 Economic Opportunity 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. Ave Maria/DOA-PL20 1 2000 1 1 60 Rev 11/13/12 4of5 Words stivek-thretigh are deleted; words underlined are added. This Resolution adopted this 13th day of November, 2012 after motion, second, and majority vote. ATTEST:,,) ,,}A" i, .ti BOARD OF COUNTY COMMISSIONERS DWIGHT E. BRO�CIC,-ICLERK COLLIER COUNTY, FLORIDA t ►� ,, ..�: a _11■ ► BY: Vim/ :_ �...L @p Cle '� FRED W. COYLE, Chai an slpiturt (01,1* Approved as to form and legal sufficiency: I.At .. µ°` Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A - SRA Master Plan CP\12-CPS-01171\28 Ave Maria/DOA-PL20120001160 Rev 11/13/12 5of5 Words struck eugh are deleted; words underlined are added. i. N • `� \? WRA -- I o HSA I `---� / WRA ! r 0 - HS' 0 L :.FSA J P i I 4 L L. AMU ©;. ilia: •v� ill All 1 R' AA l,\ 0 fsI! m WRA ' to e• A FSA 0' .. I .O • � C7 , O WRA WRA L j. .. -v .`,j R R Cl, 0 M R . NSA 0 I 0 , OJL_WJ<L.L : • : • a� ____ 1 l A 1..... PREVIOUS DRI LAND USE SUMMARY DRI LAND USE SUMMARY OFF-SITE RLSA DESIGNATIONS" UNIVERSITY/SCHOOLS 956 AC AMU UNIVERSITY/SCHOOLS 956 AC FSA RLSA FLOW WAY STEWARDSHIP AREA RESIDENTIAL 3,115 AC R RESIDENTIAL 3,016 AC WRA RLSA WATER RETENTION AREA MIXED USE 324 AC M MIXED USE 423 AC USA RLSA HABITAT STEWARDSHIP AREA COMMUNITY FACILITY 84 AC CF J COMMUNITY FACILITY 84 AC 0 RLSA OPEN WETLAND PRESERVE 62 AC l W ) WETLAND PRESERVE 62 AC PARK 74 AC P PARK 74 AC LAKE I PARKS 175 AC I :.) LAKE/PARKS 175 AC ROADWAYS 237 AC am ROADWAYS 237 AC 4 I i;\IN I i DRI BOUNDARY 5.027 AC DRI BOUNDARY 5,027 AC fr NOTE LAND USE CLAS5F CATONS AND ACREAGES SHOW WA�DROP AROSE NAY INCLUDE INTERNAL STREETS,LAKES.OPEN SPACE. }I ENGINEERING } AND OTHER SUPPORTNC USES. r t1 I MAP'H' )+ SOWN OF Ave Auqu