Resolution 2014-220 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
[14-CPS-01325/1115227/1] 76
Ave Maria1DRIABN-PL20130002016 1 of 6
Rev. 9108/14
Cq
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:
[14-CPS-01325/1115227/1] 76
Ave Maria/DRIABN-PL20130002016 2 of 6
Rev.9/08/14
C;4�
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
[14-CPS-01325 1 I 15227/I] 76
Ave Maria/DRIABN-PL20130002016 3 of 6
Rev. 9/08/14
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;
114-CPS-01325/1115227/11 76
Ave Maria/DRIABN-PL20130002016 4 of 6
Rev. 9'08/14
( ;
(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.
[14-CPS-01325/1115227/1] 76
Ave Maria/DRIABN-PL20130002016 5 of 6
Rev. 9/08/14
Cq
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 LPL 1•.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
(14-CPS-01325/1115227/1] 76
Ave Maria/DRIABN-PL20130002016 6 of 6
Rev. 9'08/14
9