Backup Documents 10/14/2014 Item # 8B 8 B
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday,September 24,2014,
and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Planning & Zoning
Department,Zoning Services,2800 North Horseshoe Drive,Naples,Florida 34104.
Originating Dept/Div: GMD/Plannina&Zoning Person:Kay Desclem,Principal Planner Date: September 15,2014
Petition No.SRAA-PL20130002012
Petitioner: Ave Maria Development,LLLP;2600 Golden Gate Pkwy;
Name&Address of any person(s)to be notified by Clerk's Office:
D. Wayne Arnold,AICP Richard D.Yovanovich,Esquire
Q.Grady Minor&Associates,Inc. Coleman,Yovanovich&Koester,P.A.
3800 Via Del Rey Northern Trust Bank Building
Bonita Springs,FL 34134 4001 Tamiami Trail North, Suite 300
Naples,FL 34103
Hearing before: BCC X BZA Other
Requested Hearing date:Tuesday,October 14,2014. Based on advertisement appearing 20 days before hearing.
Newspaper(s)to be used: Naples Daily News
Proposed Text: See Attached
Companion petition(s),if any&proposed hearing date: DRIABN—PL20130002016,same date
Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Department:
Planning & Zoning Dept., Zoning Services; Fund & Cost Center: 131-138326-649100-00000; Purchase Order Number:
4500146769;Account Number: 068779
Reviewed by:
_ W 9 .J5 -./4-
l'>ivisio Imini�Otr .or De ignee Date
List Attachments: Resolution
DISTRIBUTION INSTRUCTIONS
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 tile.
******************************************************************************************************
FOR CLERK'S O.FFI ESEC ONLY: Q /
Date Received: Ci `9Ei t'[ Date of Public Hearing:, JO 1 Date Advertised:, h vi
8 13-
'NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that on Tuesday, October 14th,2014, in the Board of County Commissioners meeting room, third
floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners(BCC)will
consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M.. The title of the proposed
Resolution is as follows:
The purpose of the hearing is to consider:
A Resolution of the Collier County Board of County Commissioners amending the Ave Maria Stewardship Receiving Area
(SRA) Town Plan and SRA Master Plan in accordance with Section 4.08.07.F.4 of the Land Development Code, and
specifically to: add single family detached Z lots to the Neighborhood General Zone; add 600,000 square feet of light
industriaVwarehousing to the Town Center 2b; redesignate 155 acres of Neighborhood General to Town Center 2b;
redesignate 90 acres of Town Center 2a to Neighborhood General; redesignate 52 acres of Town Center 3 to
Neighborhood General and move an access point along Oil Well Road. The subject property is located north of Oil Well
Road and west of Camp Keais Road 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. [Petition SRAA-PL20132012]
ADD MAP HERE
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 manager prior to presentation of
the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, 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
materials used in presentations before the Board will become a permanent part of the record.
Any person who decides to appeal any 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, 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, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING
CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Patricia Morgan
Deputy Clerk(SEAL)
.,_L .
RESOLUTION NO. 14-
A
4A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE AVE MARIA STEWARDSHIP
RECEIVING AREA (SRA) TOWN PLAN AND SRA MASTER PLAN IN
ACCORDANCE WITH SECTION 4.08.07.F.4 OF THE LAND
DEVELOPMENT CODE,AND SPECIFICALLY TO: ADD SINGLE FAMILY
DETACHED Z LOTS TO THE NEIGHBORHOOD GENERAL ZONE; ADD
600,000 SQUARE FEET OF LIGHT INDUSTRIAL/WAREHOUSING TO
THE TOWN CENTER 2b; REDESIGNATE 155 ACRES OF
NEIGHBORHOOD GENERAL TO TOWN CENTER 2b; REDESIGNATE 90
ACRES OF TOWN CENTER 2a TO NEIGHBORHOOD GENERAL;
REDESIGNATE 52 ACRES OF TOWN CENTER 3 TO NEIGHBORHOOD
GENERAL AND MOVE AN ACCESS POINT ALONG OIL WELL ROAD.
THE SUBJECT PROPERTY IS LOCATED NORTH OF OIL WELL ROAD
AND WEST OF CAMP KEAIS ROAD 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. [PETITION SRAA-PL20132012]
1 j
WHEREAS, the Board of County Commissioners approved the Town of Ave Maria
Stewardship Sending Area (SRA) by Resolution No. 2004-89 on March 23, 2004 and Resolution
No. 2005-234A on June 14,2005;and
WHEREAS, as part of the approval of the SRA, the Board approved the Ave Maria Town
Plan and Master Plan; and
WHEREAS, Ave Maria Development LLLP and Ave Maria University, Inc. have applied
for an amendment to the Ave Maria Town Plan and Master Plan in accordance with Section
4.08.07.F.4. of the LDC and Appendix D of the Ave Maria Town Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1. Pages 1 of the Executive Summary, 2 of the Introduction, 3, 6, 8 and 12 of the Impact
Assessment Report of the 2005 SRA Application are hereby amended and replaced with
the pages attached hereto as Exhibit"A"to this Resolution.
2. Pages 76, 77, 97, 98, 100, and 216 of the Town Plan are hereby amended and replaced
with the pages attached hereto as Exhibit"B"to this Resolution.
3. Pages 96A, 119-A and 119-B, attached hereto as Exhibit "C", are hereby added to the
Town Plan.
[14-CPS-01291/111523911]61
Ave Maria SRA Town/Master Plan Page 1 of 2
SSRAA-PL2010-313—Rev.9/10/14
88
HENDRY COUNTY
COLLIER COUNTY
\ PROJECT C.R. 846
LOCATION
LEE COUNTY
COLLIER COUNTY f_
C.R. 858
J 0
N
(N
01
U
CITY OF -
NAPL�S I-75 S.R. 84
8 B
Acct. #068779
September 19, 2014
Attn: Legals
Naples Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: SRAA-PL20130002012, Ave Maria SRA Town Plan
(Display Ad w/Map)
Dear Legals,
Please advertise the above referenced Display Ad w/Map on Wednesday,
September 24, 2014 and send Duplicate Affidavits of Publication, together
with charges involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500146769
88
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday, October 14, 2014 , in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 East Tamiami Trail , Naples, Florida, the
Board of County Commissioners will consider the enactment of a
Development Order Amendment . The meeting will commence at 9 : 00
A.M. The title of the proposed Resolution is as follows :
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE AVE MARIA STEWARDSHIP RECEIVING
AREA (SRA) TOWN PLAN AND SRA MASTER PLAN IN ACCORDANCE WITH
SECTION 4 . 08 . 07 .F. 4 OF THE LAND DEVELOPMENT CODE, AND
SPECIFICALLY TO: ADD SINGLE FAMILY DETACHED Z LOTS TO THE
NEIGHBORHOOD GENERAL ZONE; ADD 600,000 SQUARE FEET OF LIGHT
INDUSTRIAL/WAREHOUSING TO THE TOWN CENTER 2B; REDESIGNATE
155 ACRES OF NEIGHBORHOOD GENERAL TO TOWN CENTER 2B;
REDESIGNATE 90 ACRES OF TOWN CENTER 2A TO NEIGHBORHOOD
GENERAL; REDESIGNATE 52 ACRES OF TOWN CENTER 3 TO
NEIGHBORHOOD GENERAL AND MOVE AN ACCESS POINT ALONG OIL WELL
ROAD. THE SUBJECT PROPERTY IS LOCATED NORTH OF OIL WELL ROAD
AND WEST OF CAMP KEAIS ROAD 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 [PETITION SRAA-PL20132012]
[Insert Map here]
Copies of the proposed Resolution are on file with the Clerk to
the Board and are 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 Chairman, 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.
8B
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, 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
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
8B
HENDRY COUNTY
COLLIER COUNTY
PROJECT C.R. 846
LOCATION
E COUNTY 1
1 COLLIERLECOUNTY
1 C.R. 858
p I
CV
01
'4
U
CITY OF :ru
NAP S 1-75 S.R. 84 �-
1
8B
, ou_nty of Collier
CLERK OF 1HE CIRCUITCOURT
COLLIER COUNTY COURTH ►1SE
Dwight E. Brock3315 TAMIAMI TRAIkrEAST SA 102 Clerk of Courts
Clerk of CourtsAccountant
P.O. BOX 41044 Auditor
NAPLES, FLORIDA 3401-3044Custodian of County Funds
September 19, 2014
Ave Maria Development, LLLP
2600 Golden Gate Pkwy
Naples, FL 34116
Re: Notice of Public Hearing to Consider Petition
SRAA-PL20130002012, Ave Maria SRA Town Plan (w/Display Map)
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, October 14, 2014, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Wednesday, September 24,
2014.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara, Deput, lerk
Enclosure
Phone - (239) 252-2646 Fax - (239) 252-2755
Website - www.collierclerk.com Email - collierclerk@collierclerk.com
, Cou-nty of Collier
8B
CLERK OF ThE CIRCUIT COURT
COLLIER COUNTY CbURTHJSE
Dwight E. Brock 3315 TAMIAMI TRAIL EAST S11,102
Clerk of Courts
Clerk of Courts P.O. BOX 413044 Accountant
Auditor
NAPLES, FLORIDA 3401-3044Custodian of County Funds
y
September 19, 2014
Q. Grady Minor & Associates, Inc.
Attn: D. Wayne Arnold, AICP
3800 Via Del Rey
Bonita Springs, FL 34134
Re: Notice of Public Hearing to Consider Petition
SRAA-PL20130002012, Ave Maria SRA Town Plan (w/Display Map)
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, October 14, 2014, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Wednesday, September 24,
2014.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara, Depl Clerk
Enclosure
Phone - (239) 252-2646 Fax - (239) 252-2755
Website - www.collierclerk.com Email - collierclerk@collierclerk.com
8B
--Cou-nty of Collier
CLERK OF )-HE CIRCUIT COURT
COLLIER COUNTY CdURTH ISE
Dwight E. BrockClerk of Courts
3315 TAMIAMI TRAIII•EAST SA 102 Accountant
Clerk of Courts P.O. BOX 413044
Auditor
NAPLES, FLORIDA 3401-304'1 Custodian of County Funds
-411- :
Y
September 19, 2014
Coleman, Yovanovich & Koester, P.A.
Attn: Richard D. Yovanovich
Northern Trust Bank Building
4001 Tamiami Trail N., Suite 300
Naples, FL 34103
Re: Notice of Public Hearing to Consider Petition
SRAA-PL20130002012, Ave Maria SRA Town Plan (w/Display Map)
Dear Petitioner:
Please be advised that the above referenced petition will be considered by the
Board of County Commissioners on Tuesday, October 14, 2014, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Wednesday, September 24,
2014.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
,-----It c„-.,,\11
et
40
Martha Vergara, Deput lerk
Enclosure
Phone - (239) 252-2646 Fax - (239) 252-2755
Website - www.collierclerk.com Email - collierclerk@collierclerk.com
8 B
Martha S. Vergara
From: Polidora, Carol <cpolidora@naplesnews.com>
Sent: Friday, September 19, 2014 1:32 PM
To: Martha S.Vergara
Subject: RE: SRAA-PL20132012 -Ave Maria SRA Town Plan (Ad w/display map)
Received...
From: Martha S. Vergara [mailto:Martha.Vergara(acollierclerk.com]
Sent: Friday, September 19, 2014 11:52 AM
To: Legals NDN
Subject: SRAA-PL20132012 - Ave Maria SRA Town Plan (Ad w/display map)
Legals,
Please advertise the following attached ad Wednesday, September 24, 2014 (w/display map).
Please forward an ok when received, if you have any questions feel free to call me.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
&Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara(u 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(Thcollierclerk.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.
1
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
NOTICE OF INTENT TO CONSIDER RESOLUTION 8B •
Notice is hereby given that on Tuesday,October 14,2014,in the Boardroom,3rd Floor,Administration
Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a Development Order Amendment. The
meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows:
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AMENDING THE AVE MARIA STEWARDSHIP RECEIVING AREA (SRA) TOWN PLAN
AND SRA MASTER PLAN IN ACCORDANCE WITH SECTION 4.08.07.F.4 OF THE LAND
DEVELOPMENT CODE, AND SPECIFICALLY TO: ADD SINGLE FAMILY DETACHED Z
LOTS TO THE NEIGHBORHOOD GENERAL ZONE; ADD 600,000 SQUARE FEET OF
LIGHT INDUSTRIAL/WAREHOUSING TO THE TOWN CENTER 2B; REDESIGNATE
155 ACRES OF NEIGHBORHOOD GENERAL TO TOWN CENTER 2B; REDESIGNATE
90 ACRES OF TOWN CENTER 2A TO NEIGHBORHOOD GENERAL; REDESIGNATE
52 ACRES OF TOWN CENTER 3 TO NEIGHBORHOOD GENERAL AND MOVE AN
ACCESS POINT ALONG OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED
NORTH OF OIL WELL ROAD AND WEST OF CAMP KEAIS ROAD 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[PETITION SRAA-PL20132012]
HENDRY COUNTY
COLLIER COUNTY
PROJECT C.R. e46
'1 \ LOCATION
LEE COUNTY
V COLLIER COUN
WNTY
C.R.858
tc
e
QTY OI �—
NOOL.Y hr— 1-75 S.R.84
Copies of the proposed Resolution are on file with the Clerk to the Board and are 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 Chairman, 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, 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
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk(SEAL)
No.231123842 September 24.2014
Martha S. Vergara 8 B
From: Martha S. Vergara
Sent: Tuesday, September 23, 2014 8:21 AM
To: DeselemKay(KayDeselem@colliergov.net); NeetVirginia (VirginiaNeet@colliergov.net);
Rodriguez, Wanda (WandaRodriguez@colliergov.net); Ashton, Heidi
Subject: SRAA-PL20132012 - Ave Maria SRA Town Plan ad proof
Attachments: NDN231123842 BCC Zoning Dept Ave Mario 092414.pdf
Morning All,
Attached is the ad proof for the SRAA ad, please review and let me know of any changes ASAP as it is set to be
published tomorrow.
Thanks,
Martha
1
8B
Martha S. Vergara
From: Neet, Virginia
Sent: Tuesday, September 23, 2014 11:30 AM
To: Martha S.Vergara
Subject: FW: SRAA-PL20132012 - Ave Maria SRA Town Plan ad proof
From: AshtonHeidi
Sent: Tuesday, September 23, 2014 11:28 AM
To: NeetVirginia; StoneScott
Cc: BonhamGail
Subject: RE: SRAA-PL20132012 - Ave Maria SRA Town Plan ad proof
Approved.
Heidi Ashton-Cicko
Managing Assistant County Attorney
OFFICE OF THE COUNTY ATTORNEY
3299 Tamiami Trail East, Suite 800
Naples, FL 34112
(239) 252-8400
From: NeetVirginia
Sent: Tuesday, September 23, 2014 10:32 AM
To: AshtonHeidi; StoneScott
Cc: BonhamGail
Subject: FW: SRAA-PL20132012 - Ave Maria SRA Town Plan ad proof
Not sure which is the assigned attorney. This requires your approval.
Dinny
From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Tuesday, September 23, 2014 8:21 AM
To: DeselemKay; NeetVirginia; RodriguezWanda; Ashton Heidi
Subject: SRAA-PL20132012 -Ave Maria SRA Town Plan ad proof
Morning All,
Attached is the ad proof for the SRAA ad, please review and let me know of any changes ASAP as it is set to be
published tomorrow.
Thanks,
Martha
1
. - 8B
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that on Tuesday,October 14,2014,in the Boardroom,3rd Floor,Administration
Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a Development Order Amendment. The
meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows:
NAPLES DAILY NEWS A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Published Daily AMENDING THE AVE MARIA STEWARDSHIP RECEIVING AREA (SRA) TOWN PLAN
Naples,FL 34110 AND SRA MASTER PLAN IN ACCORDANCE WITH SECTION 4.08.07.F.4 OF THE LAND
DEVELOPMENT CODE,AND SPECIFICALLY TO:ADD SINGLE FAMILY DETACHED Z
LOTS TO THE NEIGHBORHOOD GENERAL ZONE; ADD 600,000 SQUARE FEET OF
Affidavit of Publicatic LIGHT INDUSTRIAL/WAREHOUSING TO THE TOWN CENTER 2B; REDESIGNATE
155 ACRES OF NEIGHBORHOOD GENERAL TO TOWN CENTER 2B; REDESIGNATE
State of Florida90 ACRES OF TOWN CENTER 2A TO NEIGHBORHOOD GENERAL; REDESIGNATE
52 ACRES OF TOWN CENTER 3 TO NEIGHBORHOOD GENERAL AND MOVE AN
Counties of Collier and Lee ACCESS POINT ALONG OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED
NORTH OF OIL WELL ROAD AND WEST OF CAMP KEAIS ROAD IN SECTIONS 31
THROUGH 33,TOWNSHIP 47 SOUTH,RANGE 29 EAST AND SECTIONS 4 THROUGH 9
Before the undersigned they serve as t AND 16 THROUGH 18,TOWNSHIP 48 SOUTH,RANGE 29 EAST IN COLLIER COUNTY,
appeared Daniel McDermott, who on FLORIDA[PETITION SRAA-PL20132012]
Inside Sales Manager of the Naples Da COWER COUNTY
newspaper published at Naples, in Col
distributed in Collier and Lee counties -
attached copy of the advertising,being I
PROJECT C.R.646
LOCATION
PUBLIC NOTICE .COUNTY 1f----V-- -
-
COWER COUNTY
C.R.858
in the matter of PUBLIC NOTICE N —
was published in said newspaper 1 tim r 9 ,
on September 24, 2014. ;-I
�'9_ 1-75 S.R.84 ."---
Affiant further says that the said Copies of the proposed Resolution are on file with the Clerk to the Board and are available for
�' Nap inspection.All interested parties are invited tc attend and be heard.
published at Naples, in said Collier Co NOTE: All persons wishing to speak on any agenda item must register with the County administrator
newspaper has heretofore been confirm prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3
County, Florida; distributed in Collier minutes on any item.The selection of an individual to speak on behalf of an organization or group
�' is encouraged. If recognized by the Chairmar,a spokesperson for a group or organization may be
each day and has been entered as secor allotted 10 minutes to speak on an item.
office in Naples, in said Collier Count Persons wishing to have written or graphic materials included in the Board agenda packets must
year next preceding the first publicati( 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
advertisement; and affiant further says County staff a minimum of seven days prior to the public hearing.All material used in presentations
promised any person, firm or corporati before the Board will become a permanent part of the record.
commission or refund for the purpose( 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
publication in the said newspaper. made,which record includes the testimony and evidence upon which the appeal is based.
}/------'42
`) If you are a person with a disability who needs any accommodation in order to participate in this
1_ ---. 11/: 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
(Signature of affiant) 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
SW to and s. •.scr bekl before me COLLIER COUNTY, FLORIDA
TOM HENNING,CHAIRMAN
T 1st day of 6 .1:0 ' 2014 DWIGHT E. BROCK,CLERK
Ail
�r By: Martha Vergara,Deputy Clerk(SEAL)
/ s _ No.231123842 _ September 24,2014
(Signature of notary public) -
9.! CAROL POLIDORA
' = MY COMMISSION#EE 851758
'-v`.a: EXPIRES:November 28,2014
'„o °P''� Bonded Thru Pichard Insurance Agency
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP Q B '
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
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**NEW** ROUTING SLIP e1 (0 27
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'ol J1`f /i T�/
4. BCC Office Board of County
Commissioners � /0/2 l
5. Minutes and Records Clerk of
Court's Office / ,�y
M
17n'm 10(t7(1q 2=3SL,
PRIMARY CONTACT INFORMATION
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,may need to contact staff for additional or missing information.
Name of Primary Staff Kay Deselem Phone Number 252-293
Contact/ Department
Agenda Date Item was October 14,2014 Agenda Item Number 8.B
Approved by the BCC
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I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
8B
RESOLUTION NO. 14-2 2 2
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING THE AVE MARIA STEWARDSHIP
RECEIVING AREA (SRA) TOWN PLAN AND SRA MASTER PLAN IN
ACCORDANCE WITH SECTION 4.08.07.F.4 OF THE LAND
DEVELOPMENT CODE, AND SPECIFICALLY TO: ADD SINGLE FAMILY
DETACHED Z LOTS TO THE NEIGHBORHOOD GENERAL ZONE; ADD
600,000 SQUARE FEET OF LIGHT INDUSTRIAL/WAREHOUSING TO
THE TOWN CENTER 2b; REDESIGNATE 155 ACRES OF
NEIGHBORHOOD GENERAL TO TOWN CENTER 2b; REDESIGNATE 90
ACRES OF TOWN CENTER 2a TO NEIGHBORHOOD GENERAL;
REDESIGNATE 52 ACRES OF TOWN CENTER 3 TO NEIGHBORHOOD
GENERAL AND MOVE AN ACCESS POINT ALONG OIL WELL ROAD.
THE SUBJECT PROPERTY IS LOCATED NORTH OF OIL WELL ROAD
AND WEST OF CAMP KEAIS ROAD 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. [PETITION SRAA-PL20132012]
WHEREAS, the Board of County Commissioners approved the Town of Ave Maria
Stewardship Sending Area (SRA) by Resolution No. 2004-89 on March 23, 2004 and Resolution
No. 2005-234A on June 14, 2005; and
WHEREAS, as part of the approval of the SRA, the Board approved the Ave Maria Town
Plan and Master Plan; and
WHEREAS, Ave Maria Development LLLP and Ave Maria University, Inc. have applied
for an amendment to the Ave Maria Town Plan and Master Plan in accordance with Section
4.08.07.F.4. of the LDC and Appendix D of the Ave Maria Town Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1. Pages 1 of the Executive Summary, 2 of the Introduction, 3, 6, 8 and 12 of the Impact
Assessment Report of the 2005 SRA Application are hereby amended and replaced with
the pages attached hereto as Exhibit "A" to this Resolution.
2. Pages 1, 76, 77, 97, 98, 100, and 216 of the Town Plan are hereby amended and replaced
with the pages attached hereto as Exhibit"B"to this Resolution.
3. Pages 96A, 119-A, 119-B, 226 and 227 attached hereto as Exhibit"C", are hereby added to
the Town Plan.
INSTR 5045323 OR 5089 PG 46
RECORDED 10/28/2014 8:53 AM PAGES 21
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
[14-CPS-01291/1118427/11 71 REC$180.00
Ave Maria SRA Town/Master Plan Page 1 of 2
SSRAA-PL2010-313—Rev. 9/22/14
GP
8B
4. The Master Plan, Page 6 of the Town Plan, is hereby deleted in its entirety and replaced
with the Master Plan attached hereto as Exhibit"D"to this Resolution.
5. Except as set forth herein, the Ave Maria Town Plan shall remain in full force and effect.
This Resolution adopted after motion, second and majority vote this / V day of
04o{ , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER OUNTY, LORIDA
BY� � B • •
Deputy Clerk FIM 'E 4 :, Chairman
Attest as to Chairman's
signature only.
Approved as to form and legality:
/ — -0/0 <
H idi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A—Pages of Executive Summary, Introduction and Impact Assessment Report
Exhibit B—Pages replaced in the Town Plan
Exhibit C—Pages added to the Town Plan
Exhibit D—Master Plan
[14-CPS-01291/1118427/1]71
Ave Maria SRA Town/Master Plan Page 2 of 2
SSRAA-PL2010-313—Rev. 9/22/14
8 B glExhibit A
Executive Summary
This Stewardship Receiving Area (SRA) Designation Application for Ave Maria is filed on behalf of Ave
Maria Development, LLLP. Ave Maria will consist of Ave Maria University and The Town of Ave Maria. The
cornerstone of Ave Maria will be the University, the first major Catholic university to be established in the
United States in more than 40 years. The town area of Ave Maria is designed as a compact, walkable
community around a town core which will contain as its landmark, an Oratory of distinctive architecture. In
addition, there will be distinctive residential neighborhoods offering a variety of housing types and lifestyles.
This SRA Designation Application, consists of 5027 acres, 955+/- acres of which are dedicated to the
University and 4072 acres to the Town, including 72 acres for public use (47.7 acres of public school sites
and 23.8 acres in excess of requirement for community parks).
Ave Maria University will support 6,000 students, and contains academic and administration buildings,
student and administration housing, recreation, sports, and support facilities.
The Town will contain a maximum of 11,000 dwelling units in a mix of residential unit types in the Town
Center, and Neighborhood General context zones.
Uses that provide the mix of services to, and are supportive of, the residents of The Town of Ave Maria
and university will be mainly located in the Town Core and Town Centers. The Town Core, Town Centers,
and Neighborhood Centers will provide a maximum of 690,000 square feet of gross leasable retail/service,
510,000 square feet of gross leasable office, 35,000 square feet of medical facilities, 148,500 square feet of
gross civic uses, 600,000 square feet of light industrial/warehousing and 400 hotel rooms. In addition, the
town will provide public school sites, parks, golf courses, and other open space uses, while Ave Marie
University will provide, in addition to the above facilities, private K-8 and high school.
There are few undisturbed native vegetation areas within Ave Maria, and all vegetated areas are subject to
ditches, berms, etc. Extensive areas of exotic monocultures (Brazilian pepper) exist across the site. The
predominant agricultural land use is evidenced by the absence of any lands which score higher than 1.2 on
the Natural Resources Index Map. The Natural Resources Index Assessment quantifies the acreage by land-
Uuse and demonstrates consistency with the Suitability Criteria, as is seen from the open space
percentages and the Applicant's commitment to provide access to Ave Maria from Oil Well Road and Camp
Keais Road.
This SRA Designation Application also provides the calculation of the required Credit Use to designate the
Town,
Stewardship Receiving Area
Revised 09/18/2014 The Town of Ave Maria Page 1 410)
89
7. Credit Use and Reconciliation Analysis. This Credit Use and Reconciliation Analysis is submitted in order to
track the transfer of credits from Stewardship Sending Areas (SSA) 1, 2, 3, 4, 5, and 6 to the Town of Ave Maria
SRA.The Analysis provides a summary table that identifies the exchange of all Stewardship Credits.
8. Preliminary SRA Credit Agreement. Finally, an SRA Credit Agreement for those Stewardship Credits needed
in order to develop the DRI/SRA authorized development is provided. The Agreement sets forth the number of SSA
credits the applicant is utilizing in order to implement the Ave Maria Town Plan as included in this application.
The development parameters used throughout these applications are illustrated in different manners depending on
the purpose of the particular analysis. Table 1 provides a summary of these parameters.
Table 1 Ave Maria Land Use
Town 4,000 Acres*
Residential 11,000 Units
6,876 Single Family
4,124 Multi Family
ALF 450 Units
Retail 690,000 Sq. Ft.
Office 510,000 Sq. Ft.
Hotel 400 Rooms
Civic 148,500 Sq. Ft.
Medical 35,000 Sq. Ft.
Oratory 75,500 Sq. Ft. (3,500 seats)
Light Industrial/Warehousing 600,000 Sq. Ft.
Public Use 1027 Acres
University&Ancillary Uses 955.55 Acres (6,000 university students)
Public school site(s) 47.7 Acres
Community park in excess of requirement 23.8 Acres
Total 5,027 Acres
Acreages include lakes and open space and are rounded to the nearest acre.
*This acreage includes 417.7 acres of open space in excess of the required 35%. This excess open space does not
require the consumption of credits nor do these acres count toward the 4,000 acre maximum for the town.
Introduction
Revised 09/18/2014 The Town of Ave Maria Page 2
i
Potable Water
Potable Water; a potable water assessment shall be prepared by the applicant as a component of an Impact
Assessment Report that is submitted as part of an SRA Designation Application package. The assessment shall
illustrate how the applicant will conform to either FAC Chapter 64E-6, for private and limited use water systems,
or FAC Chapter 62-555 for Public Water Systems. In addition to the standard requirements of the analyses required
above, the potable water assessment shall specifically consider, to the extent applicable, the disposal of waste
products, if any, generated by the proposed treatment process. The applicant shall identify the sources of water
proposed for potable water supply.
Ave Maria Utility Company, LLLP, a private utility will construct, operate and maintain the potable water system.
This system includes the water supply, treatment, storage and distribution system.Water will be supplied by
ground water wells. This raw water will be softened to remove hardness and disinfected to kill water-borne
bacteria. Treated water will be stored in above-ground concrete storage tanks until it is pumped into the potable
water distribution system.
Due to the size of this system, all facilities will meet and exceed the requirements of FDEP as stipulated in FAC
4 Chapter 62-555 for Public Water Systems. In addition, the private utility
cor* (241 A!rC�l company will obtain approval from the South Florida Water Management
' ,.r, District for the consumptive use of water. Ground water will be withdrawn
i+n.. 1,.
from the Lower Tamiami aquifer. Liquid waste products from this facility
will be disposed of by discharging into the head end of the wastewater
treatment plant.
The following table identifies the potable water demands projected for this SRA area.
Table 1 SRA Potable Water Demands
Potable Water Flows(mgd)
ADD MMADD MDD
SRA(Original) 6.4 MGD 8.96 MGD 12.8 MGD
Light 0.018 MGD 0.025 MGD 0.025 MGD
Industrial/Warehousing
SRA(Total) 6.42 MGD 8.99 MGD 12.83 MGD
ADD—Average Daily Demand
MMADD—Maximum Month Average Daily Demand
MDD—Maximum Daily Demand
Impact Assessment Report
Revised 09/18/2014 The Town of Ave Maria Page
88
Wastewater
Wastewater;a wastewater assessment shall be prepared by the applicant as a component of an Impact Assessment
Report that is submitted as part of an SRA Designation Application package. The assessment shall illustrate how the
applicant will conform to either Standards for On-site Sewage Treatment and Disposal Systems,contained in State of
Florida in Chapter 64E6, EA.C. for systems having a capacity not exceeding 10,000 gallons per day or Chapter 62-600,
F.A.C. for wastewater treatment systems having a capacity greater than 10,000 gallons per day. In addition to the
standard requirements of the analyses required above, the wastewater assessment shall specifically consider to the
extent applicable, the disposal of waste products generated by the proposed treatment process.
Ave Maria Utility Company, LLLP, a private utility will construct,
operate and maintain a municipal quality advanced secondary
wastewater treatment plant to service Ave Maria.This facility
will be designed and permitted by the Florida Department of
Environmental Protection in accordance with Chapter 62-600-
Domestic Wastewater Facilities, FA.C.
;r.
Wastewater will be treated to produce irrigation quality
reclaimed water for disposal. This water will be stored in storage ponds until required.A projection of anticipated
wastewater generation is contained in the table below.
Sludge generated by the wastewater facility will be disposed by land application on nearby farm fields or by
burial at the county's landfill.
Table 2 ADF, MMADF,MDF for Wastewater Treatment Plant Design
Peaking Factors Wastewater Flows(mgd)
AADF: AADF AADF: AADF MMADF MDF
MMADF :MDF PHF
SRA
1.5 2 4 5.8 MGD 8.7 MGD 11.6 MGD
Area(original)
Light
Industrial/
warehousing 0.016 0.024 0.032
1600,000 sq.ft.)
Subtotal 1.5 2 4 5.82 MGD 8.72 MGD 11.63 MGD
Allowance for I/I''" .58 MOD .58 MOD .58 MGD
SRA Totals 6.34 9.283 12.3821
'"Assumed 10%of ADF
Impact Assessment Report
Revised 09/18/2014 The Town of Ave Maria Page 6
8B t
programs.The table below demonstrates the anticipated benefits of the recycling program.At the request of the
County Manager,Ave Maria University will establish a special recycling program focusing on the further reduction
of solid waste from the university. The exact details of this special program have not been established.
Estimated Solid Waste Generation
Phase Domestic Solid Waste Domestic Solid Waste
Cubic Yards/day Tons/day
Existing 0 0
Phase 1 61.5 18.5
Phase 2 (buildout) 111.0 33.3
(Light Industrial/Warehousinq) 14.2 4_3
Total 125.2 37.6
Anticipated Benefits of the Recycling Program
Units Proposed Garbage Garbage Garbage
Source/Housing type Units Phase 1 Year 2011 (lb/day) (ton/day) (yd3/day)
Residential Dwelling Unit 6,010 _ 24,040 12.0 40.1
Retail ft2 410,400 5,335 2.7 8.9
Office ft2 276,600 _ 5,532 2.8 9.2
Hotel room 110 220 0.1 0.4
Medical ft2 15,000 300 0.2 0.5
Civic _ ft2 115,500 1,502 0.8 2.5
Total before Recycling(Phase 1) 36,929 18.5 61.5
Grand Total with 30%Recycling (Phase 1)
25,850 12.9 43.1
Units Proposed Garbage Garbage Garbage
Source/Housing type Units Phase 2 Year 2016 (Ib/day) (ton/day) (yd3/day)
Residential Dwelling Unit 11,000 44,000 22.0 1 73.3
Retail ft2 690,000 8,970 4.5 1 15.0
Office ft2 i 510,000 10,200 5.1 1 17.0
Hotel room ! 400 800 0.4 1.3
j Medical ft2 35,000 700 C 0.4 1 1.2
I
Civic ft2 148,500 1,931 1.0 1 3.2
Light Industrial/Warehousing 6 fits 600,000 8.520
4.3 i 14.2
Total before Recycling (Buildout) 66,60T75,120 33-337.6 111.0125.2
Grand Total with 30% Recycling (Buildout) 46,62052 585 23.326.3 77.787.6
Impact Assessment Report
Revised 09/18/2014 The Town of Ave Maria
Page :c„,0
8 E
The original proposed demands for Public Water Supply use iswas expected to be 2.336 MG per year, with a
maximum day use of 12.8 MGD. The change in demands with the light industrial/warehousing use are minimal.
As future renewals of the SFWMD Consumptive Use Permit are made, any necessary increases to the permitted
allocation due to the addition of light industrial/warehousing will be reviewed and addressed with the District. The
irrigation requirements for Ave Maria using the modified Blaney-Criddle method will be an annual demand of 2,
117 million gallons per year (MGY). No change in irrigation demand is anticipated with the addition of the light
industrial/warehousing use.
3. Proposed Consumptive Use Impacts
Existing irrigated agriculture fields will be removed in the process of developing the Ave Maria University and
Town. The combined PWS (6.4 MGD) and irrigation maximum day demands (5.8 MGD) less reclaimed water
generated for irrigation (5.8 MGD), which forms the basis upon which potential impacts are evaluated, is 6.4
MGD (6.49 with proposed light industrial/warehousing), or approximately 42% less than the currently permitted
allocation. The impacts associated with groundwater pumpage are therefore reduced by a similar amount. The
SFWMD Lower West Coast Plan (April 2000), which is the District's assessment of water demands and sources,
indicated no adverse impacts associated with current and future projected agricultural use. The proposed
reduction in permitted allocation will reduce the potential for adverse impacts to occur.
The proposed withdrawal facilities will be located to minimize potential impacts. Facilities will be located,
designed and operated in such a way that they will not degrade the ambient surface or groundwater quality, and
will not adversely impact any adjacent FSA, HSA, WRA, or conservation areas.
4. Proposed Dewatering Activities and Potential Impacts
Temporary dewatering will be conducted in association with lake construction and other construction activities
such as utilities installation. Dewatering activities are typically completed in a few days to a few weeks per site.
All water withdrawn during dewatering will be directed to retention areas or lakes and will remain on the
project site. Dewatering to a depth below 0.0 NGVD will not occur within 1,000 feet of saline water and the
proposed activities will not cause an exchange of saline and fresh water. Dewatering will not occur within 100
feet of any wastewater treatment plant percolation pond and will not cause violations of state water quality
standards for either surface or groundwater. Recharge trenches will be used to maintain a hydraulic barrier
between the dewatering sites and wetland areas or other sensitive land uses. Adverse impacts to existing legal
uses, off-site land uses, or the environment due to the proposed withdrawals are not anticipated.
Impact Assessment Report
Revised 09/18/2014 The Town of Ave Maria Page 12
8B Exhibit B
Table of Contents
Introduction 2
Overview and Master Plan 4
Figure 1:Ave Maria SRA Master Plan 6
University District 8
Town Core 23
Town Center 1 54
Town Center 2 and 3 76
Neighborhood General 97
Services District 140
Community General 142
Stormwater Management 142
Transportation Network 151
Figure 2:Pedestrian Network Map 155
Street Cross Sections 160
Parks 169
Open Space 174
Figure 3:Open Space 175
Community Signage 176
Terms and Definitions 184
Appendices 190
Appendix A:Legal Description 190
Appendix B:Shared Use Parking Analysis 204
Appendix C:Permitted Land Use Matrix 216
Appendix D:Amendments to Ave Maria 221
Appendix E:Solid Waste Management at Ave Maria University 223
Appendix F:Street Tree Spacing Exceptions 226
Table of Contents
Town Plan
Revised 09/18/2014 The Town of Ave Maria Page 1 -�,
88
Town Centers 2 and 3
Key Features v J
v
-. }
Mixed Use •, • ®
me sue ,PO t Ai1r
Shopping444.
_ ,
Employment
' -
Wellness
•
Residential
Town Centers 2 and 3 will provide a diversity of opportunities for a variety of businesses. Retail, service,
residential and employment opportunities will be abundant. In Town Centers 2 and 3 businesses will feel they are
part of a real and growing town -one that combines all the benefits of a quiet, close-knit neighborhood with
the enriching environment of a major university.
A wide variety of shopping needs will be met through local, national and regionally recognized stores. In
short,Town Centers 2 and 3 will provide residents opportunities to find everything they need in close proximity
to their homes.
Streets and drives in Town Centers 2 and 3 will maintain
the pedestrian quality found throughout Ave Maria. Tree
lined sidewalks will provide a buffer and shade to those
Town
_
#2a
walking within the Town Centers. +{
The photographs, graphics, and diagrams are schematic
and do not represent any actual pictures, designs, product
Town
Center
{ #3
-
Town
Center
#2b
Pedestrian shading from buildings and canopy
Town Centers 2 & 3
Introduction
Town Plan
The Town of Ave Maria Page 76
Revised 009/18/2014
CA
floor plans, maps, architectural footprints, elevations, buildable area, actual lot configurations or the like.They are ` 1
.,,,,,
provided for illustrative purposes only.
Land Uses
Town Centers 2 and 3 will provide daily goods and services for the residents and visitors of Ave Maria. Buildings
may be single-use, or shared-use. A mixture of uses including retail, office, civic, recreation/wellness, hotel/motel,
light industrial and manufacturing, warehouse and warehouse distribution center and flex space, and residential
are permitted within Town Centers 2 and 3. Specific uses permitted within Town Center 2 and 3 are included in the
Ave Maria Permitted Use Matrix, Appendix C. See page 96A for additional buffers and development standards for
non-residential uses in Town Center 2b adjacent to Oil Well Road and Ave Maria Boulevard.
Business Park Uses
A minimum of 50,000 SF will be reserved within Town Center 2 or 3 for uses defined in Appendix C as Business
Park uses.
Building Height- Maximum 4 Stories, Maximum 200 Ft. for cell towers
Block Perimeter- Maximum 3,500 Ft.
Density
Floor Area Ratios: (FAR)shall not exceed 1.5 for the Total Building Area within each block.
Floor Area Ratios: (FAR) shall not exceed 0.5 for Office/Commercial/Retail within each block.
Floor Area Ratios: (FAR)shall not exceed 0.6 for Civic Uses within each block.
Floor Area Ratios: (FAR)shall not exceed 26 units per acre for transient housing (hotel)
within Town Centers 2 and 3.
Floor Area Ratios: (FAR)shall not apply to residential uses.
Floor Area Ratios: (FAR)shall not exceed 0.45 for Warehousing/Light Industrial within Town Center 2 and 3.
Required Parking
Refer to Appendix B for Town Centers 2 and 3 parking analysis.
Design Standards
Design standards that control building placement, streetscape, parking, service areas, and landscape in Town
Centers 2 and 3 are found on the following pages.
Town Centers 2 & 3
General Design Standards
Town Plan
Revised 09/18/2014 The Town of Ave Maria Page 77O
B
Neighborhood General
• Key Features: .
• Residential i
AP
)ji kit
• Public Schools
-- 3
• Neighborhood Centers
• Neighborhood Goods and Services
Neighborhood park
A broad mix of residential lot sizes and housing types anchor the Neighborhood General. Each neighborhood
is characterized by a distinctive and consistent architectural design, and a community focus element.
Neighborhood centers, parks and plazas are places where people will meet in formal or informal situations. The
location of such facilities where people can cross paths is a key to a sense of neighborliness. Each neighborhood
may contain an appropriately scaled center of neighborhood related goods and services including small
workplaces, civic/institutional, and neighborhood retail and office buildings.
Neighborhoods are planned in close proximity to town `1
centers, schools and community parks to encourage = Jr b �
pedestrian activity. The neighborhood streetscapes
are designed to support a walkable environment, with iii;
sidewalks separated from the street by a planting ""
Ir ,
zone. There is a hierarchy in the Town with regard to , I r•�►�y
commercial uses, from Town Core to the Town Centers %...40,))40
to the Neighborhood Centers to Local Neighborhood
Goods and Services. e •
Neighborhood Centers maybe relativelylarge and are till-
6
9
centrally located within neighborhoods to encourage
interaction.These will house facilities such as fitness ® I j
171
and recreation centers, clubhouses, limited retail, office
Neighborhood General
Introduction
Town Plan
The Town of Ave Maria Page 97
Revised 009/18/2014
C PO
s
and restaurant, among other uses. Limited neighborhood-scale retail and office uses are encouraged to be
strategically located within the neighborhoods. Their location is controlled by locational criteria defined in the
Neighborhood Goods and Services sections of the town plan.
The neighborhoods provide open park areas, water bodies, and recreational amenities such as a golf course
to encourage outdoor activity. Neighborhood parks will be found within short walking distances of residences.
These parks will be small in scale and have elements specific to the needs of the neighborhood. Design standards
that will control building placement in the Neighborhood General content zone are found on the following
pages. As mentioned in the Overview, all photographs and graphics are for illustrative purposes only and do not
regulate the exact location or design of any feature or building.
Neighborhood General-Landscape
Landscaping within Neighborhood Centers shall adhere to the following criteria.
• Provide a variety of tree and shrub species with at least 50%of the required trees and 25%of the required
shrubs being plants native to Florida.
• Required canopy trees used in open landscape areas (other than street trees) shall have a minimum caliper of
11/2".
• Planting at the ground plane shall be a minimum of turf grass, groundcover, low shrubs or flowering plants in
tree planters is allowed as is appropriate to the design.
• Landscape areas may provide for utilities, drainage, access easements, and signage.
Neighborhood General-Landscaping within and adjacent to Right of Way
• Street trees shall occur, as indicated in Appendix Fat a maximum spacing on average of 40 It. o.c. along
-- - -6 -° . .- -6 . _=- .-: . :. Street trees located outside ROW
shall not be counted as a required landscape tree for an individual lot.
• Trees should have a clear trunk, beginning of branching of 6 Ft. clear and be an overall height of 12 Ft. At a
minimum, trees shall be 11/2" caliper at time of installation.
• Plantings used in this district shall include a variety of tree and shrub species with at least 50%of the required
trees and 25%of the required shrubs being plants native to Florida.
Neighborhood General
General Landscape
Town Plan
Revised 09/17/2014 The Town of Ave Maria Page 9g„
8B
Land Uses
Permitted land uses in this district include residential and other housing. In addition, retail, office, civic/ institutional,
recreational, and community facilities are encouraged and guided through location criteria. The Ave Maria Permitted Use
Matrix,Appendix C,provides the detailed uses allowed in Neighborhood General.
Setback
Minimum Lot
Area Front Rear Side
Single Family Townhouse A 1200 Sq.Ft. 5 Ft. 0 Ft. 0 Ft. Int./5 Ft. End/5 Ft.Corner
Single Family Townhouse B 2000 Sq.Ft. 10 Ft. 0 Ft. 0 Ft. Int./5 Ft. End/10 Ft.Corner
Single Family Townhouse C 3000 Sq.Ft. 15 Ft. 20 Ft./5 Ft. 0 Ft. int./5 Ft.EndJ10 Ft.Corner
Accessory Structure
Single Ferrily Tovvnhouse D 1400 Sq.Ft. 20 Ft. 10 Ft. 0 Ft. int./5 Ft.End/15 Ft.Corner
Small Single Farrily Detached 3 Ft.—1 In./Total of both sides
Rear Loaded Lots 4000 Sq.Ft. 10 Ft. 0 Ft. 10 Ft.rrin./ 10 Ft.Corner
Large Single Family Detached 5 Ft./Total of both sides 10 Ft. min./
Rear Loaded Lots 7400 Sq.Ft. 2 0 Ft. 0 R.
10 R.Corner
Small Single Family Detached 10 Ft./5 Ft. 3 Ft.—1 In./Total of both sides
Front-orSide-Loaded Lots 4200 Sq.Ft. 20 Ft. Accessory Structure 10 Ft.min./ 10 Ft. Corner
Medium Single Family 3 Ft.—1 In./
Detached 6200 Sq.Ft. 20 Ft. 20 Ft./5 Ft. Total of both sides 10 Ft.min./
Front-or Side-Loaded Lots Accessory Structure 5 Ft.Corner
Large Single Family Detached 20 Ft8200 Ft. 5 Ft./Total of both sides
Front-Loaded Lots 8200 Sq.Ft. 20 Ft. Accessory Structure 10 Ft. min./
10 Ft.Corner
Single Family Detached Z Lots 10 Ft./3 Ft. 0 Ft.one side/10 Ft.Other
(Zero Lot Line) 3190 Sq. Ft. 20 Ft. Accessory Structure side/5 Ft. both sides/15 Ft.
Corner
Single Family Attached 3600 Sq.Ft. 20 Ft. 10 Ft./5 Ft. 0 Ft.one side/5 Ft. Other side/
Accessory Structure 10 Ft. Corner
Multi-Family"A" N/A 0 F . 20 Ft./5 Ft. 10 Ft.
Multiple-Family/Other Housing Accessory Structure
Multi-Family"B"Multiple-Family N/A 0 Ft. 15 Ft. 15 Ft.
Not less than Equal to
Neighborhood Goods and min.lot area setbacks of 20 Ft./5 Ft. 10 Ft.
of the smallest adjacent lots Accessory Structure
Service Uses adjacent lot
Neighborhood Center N/A 0 Ft. 20 Ft./0 Ft. 10 Ft.
Accessory Structure
Schools N/A 0 Ft. 20 Ft./5 Ft. 25 Ft.
Accessory Structure
Individual product sheets provide additional design standards. The diagrams are schematic and do not represent
actual product floor plan, architectural footprints, elevations,buildable area or actual lot configurations.
A 23-foot setback shall be maintained from the back of the sidewalk to front loaded garages throughout the
Neighborhood General District. Neighborhood General
Land Uses
Town Plan
Revised 09/18/2014 Town of Ave Maria Page 100
II
8B .
Appendix C
Permitted Land Use Matrix
Town Town Town Neighborhood Services
PERMITTED USES Core Center 1 Centers General District
2 &3
RESIDENTIAL AND OTHER
HOUSING
Single-Family Attached X' X
Single-Family Detached r".- X
Single-Family Townhouse X X X X
Multiple Family X X X X
Accessory Dwelling Unit X X X
Bed and Breakfast X X X X
Fraternity, Sorority House X
Home for the Aged,Assisted X X X
Living Facility
Student Dormitory x
Youth Hostel X X X
CIVIC/INSTITUTIONAL
Cemetery, Mausoleum X X* X
Church, Chapel, Bell Tower X X X X*
Clinic, Urgent Care X X X X*
Community Meeting Facility X X X X*
Convents, monasteries, group X X X X*
housing for religious order
Day Care Center X X X X*
Emergency Services X X X
Family Day Care Home X X X X*
Fire Station X X X
Funeral Home/Crematories X X
Group Day Care Home X X X X*
Heliport X X
Hospital X X X
Lodge, Club, Country Club, X X X X*
Fraternal Organization
Medical Center/Clinic X X X X*
Museum X X X
Nursing Home X X X*
Nursery School X X X X*
Philanthropic Institution X X X
Police Station X X X X
Post Office, Mail Stores X X X X*
Public Buildings, Libraries X X X X* X
Recreational Field X
Schools, public or private X X X
X = Permitted use
X* = Non-residential uses are permitted as defined in the Neighborhood General sections of this town plan.
X** — for affordable housing only. Refer to residential product sheets in the Neighborhood General section.
Appendix C
Town Plan
Revised 09/18/2014 The Town of Ave Maria Page 21 C
L
8 B o 4xhibit C
Enhanced Landscaping and Development Standards
Town Center 2b northern boundary and neighborhood general interface
• 60'wide buffer.
• 8' high berm measured from finished grade (3' to 4' above pre-development grade) with a hedge installed on
the berm which shall achieve 90% opacity at 6' in height within one year of installation, two staggered rows of
canopy trees or palm clusters spaced no more than 30 feet on center and a minimum of 14' in heiqht at time of
planting and shall be installed concurrent with each phase of construction.
• A minimum of 50 percent of the 60-foot wide buffer area shall be composed of a meandering bed of shrubs
and ground covers other than grass.
• 70' building setback.
• Access to the Town Center shall be from Oil Well Road and Ave Maria Boulevard. Vehicular Interconnection
to Anthem Parkway shall be prohibited unless it is gated and approved by the neighborhood general
residential developer or residents of the residential community.
• Parking lot lighting for non-residential uses shall have a maximum fixture height of 25', and lighting shall be
shielded per Collier County Land Development Code standards.
Oil Well Rd.
• 50' setback for light industrial.
• 20' setback for other non-residential.
• Existing 30' average width buffer. Enhancement of existing palm tree cluster plantings which occur on 100'
centers within canal tract adjacent to new development to include installation of a continuous hedge consisting
of Fire Bush, Simpson Stopper, Walter Viburnum, or similar species, a minimum of 3 gallon in size and planted
4' on center.
Ave Maria Blvd.
• 50'setback for light industrial.
• 20' setback for other non-residential.
• Existing 25' average width buffer to remain without additional plantings due to plantings in-place on Ave Maria
Blvd.
Town Centers 2 & 3
Landscape
Town Plan
Revised 09/18/2014 The Town of Ave Maria Page 96A
8 8
Small Single Family Detached 'Z'Lots ••• 33Min 38 Mn.
_!d Prinapal Setback
3 Accessary , T Mac.PfIWa)
(Zero Lot Line) 1r Setback i f WOIVFence Optaol
Min. Lot Area: 3,190 Sq.Ft. -
f
Marc.Privacy
Walt Opt,c,.1
Min. lot width at front or rear setback (whichever is more
restrictive): 38 Ft. aide _ q""n.Setback
Setbcc —�-WYen opposite sloe
is on Lot Line
Min. Lot Depth: 84 Ft. Front Load Side Load
Garage „A Garage
S'57ae S Sae T Ma.,Prwoc,
Min. Front Yard Setback: 20 Ft. front load, Min. 14 Ft. % Setback Setback WOB Opnanol
10'Mc,
nc rcrian
side load garage for principal and accessory structures.
Min. Side Yard Setback: 5 Ft. on each side,or 10 Ft. on
one side and 0 Ft. on the opposite for principal and _ ten. + V .
pp p p 6 pveway — _ a;e�Y
accessory structures. Minimum 10 Ft. separation between _
14'Min.Setback
principal structures. Fa Sine Loco -
Min. Corner Side Yard Setback: 15 Ft.
Min. Rear Yard Setback: 10 Ft.for principal structures or
3 Ft. for accessory structures
Maximum Height: 2%Stories for principal and accessory - —
-IOIM Reor YO,O
structures.
4.1 Id'ton Loco Access.?Sti,;cIvres
Residential Parking:Two off-street parking �'m."°`°
spaces per house (inclusive of garages and
driveways)shall be provided.
Garages: Garages may be two cars deep perpendicular to the street. Minimum driveway width shall be 9 Ft.,
maximum 900 Sq. Ft. for garage.
Accessory Structures: One accessory residential unit of up to 650 Sq. Ft. for a lot less than 4,000 Sq. Ft. in size,and up
to 900 Sq. Ft. for lot sizes 4,000 Sq. Ft. or larger. This structure may be freestanding or built over a garage. This
structure may be used for a home office, hobby/workshop, pool house, residential storage or living quarters.
Miscellaneous structures (such as potting and tool sheds) of up to 100 Sq. Ft. One additional off-street parking space is
required for accessory structures unless on-street parking is provided on the adjacent street.
Encroachments: Porches, stoops, chimneys, bay windows, canopies, balconies and overhangs may encroach into the
front yard up to 50 percent of the total setback.These same elements may encroach into a side yard up to 50 percent of
Neighborhood General
Residential
Town Plan
Revised 09/18/2014 The Town of Ave Maria Page 119-A
8B
the total setback of the side yards, but no element may encroach into a side yard such that the distance to the property
line from the encroaching element is less than 2 Ft.—6 In. except that overhangs may encroach up to 2 Ft. into any yard.
Additionally, a roof line overhang with gutter along a 0 Ft. side setback may encroach up to 2 Ft. into the adjacent lot.
Fences and walls may encroach into any yard up to the property line. Fencing and walls may not exceed 7 Ft. in height.
Fence and wall materials may consist of wood, iron, vinyl, or masonry. Steps shall not be considered to be an
encroachment. Due to compact lot dimensions, rear yard drainage easements (D.E.'s) for secondary drainage may be
10 Ft. in width and shared between adjacent lots. In these cases, the accessory structure setback may be 0 Ft. from the
D.E.with no allowable at-grade encroachment.
Landscape: Minimum of 80 Sq. Ft. on lots that are greater than 3,000 Sq. Ft. but less than 5,000 Sq. Ft. in area; 100 Sq.
Ft. for lots 5,000 Sq. Ft. or larger in area. Minimum of turf grass for the remainder of the property. Plantings shall be in
planting areas, raised planters, or planter boxes around the perimeter of the dwelling.
Zero Lot Line:Windows may be permitted on the zero lot line.
Neighborhood General
Residential
Town Plan
Revised 09/18/2014 The Town of Ave Maria Page 119-8
0,0
8 8
Appendix F
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Town
Revised 09/18/2014 The Town of Ave Maria Pagee 22 226 O.3
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Town Plane
Revised 09/18/2014 The Town of Ave Maria Page 227 L_.,`
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Revised 09/18/2014
86
ATI oRNEY ROBERT L. KI.CCIK,JR. 'low mu. RLK@AvEmARIALAwyER.com
AvEMARIALAWYER.COM
5072 ANNUNCIATION CIRCLE,STn•.326 PxoNl:239.455.4LAW
Avli MARIA,FLORIDA 34142 0)111 :l I I. '.1 c n:,IR.,P.A. FAX:877.843.0360
A firm lbr all seasons
W W W.AVI.NARI.ALAW r EK.SOM
(;ENERAI,PRA(11C1i•l f"I'LE INSU RANCF•RE.AI.I'STA'll•BLSINFSS•WILIS•17tuS'lS•ADorrloNs•1xi lGATION•ADMITTED IN FLORIDA&D.C.
October 13,2014
To:Board of County Commissioners for Collier County,Florida("BCC")
Copy: Collier County Attorney Jeff Klatzkow
Re: Item 8.b on the agenda for the October 14, 2014,meeting of the BCC, which reads: A Resolution of the Collier County
Board of County Commissioners amending the Ave Marta Stewardship Receiving Area(SRA) own Plan and SRA Mastcr Plan in accordance with Section 4.08.07.F.4
of the I and Development Code,and specifically to:add single family detached Z lots to the Neighborhood General Zone;add 600,01X)square feet of light
industrial/warehousing to the Town Center 2b;redesignate 155 acres of Neighborhood General to Town Center 2b;redesignate 91)acres of Town Center 2a to
Neighborhood General;redesignate 52 acres of Town Center 3 to Neighborhood General and move an access point along Oil Well Road.'The subject property Is
located north of Oil Well Road and west of Camp Keais Road 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,Honda(also known as Petition SRAA-P1 2013 2111 2).
Dear Commissioners:
My name is Robb Klucik. I am an Ave Maria homeowner living at 5142 Ave Maria Blvd.in the Hampton Village
neighborhood of Ave Maria,Florida. I bought the home at that address in 2007 and moved in with my wife and
seven children. For 5 years my law office has been in the business district at the center of Ave Maria. For seven
years I have been actively and publicly supportive of all of the petitioner's development proposals and initiatives.
I am here today representing myself and my clients:
• Ave Maria Community Alliance,Inc.,a civic non-profit organization (hereinafter"AMCA") representing
the interests of dozens of homeowners,residents and students in Ave Maria,Florida;
• Robert and Sally Klucik,my parents and the owners of the home at 5706 Mayflower Way,Unit 206,in the
Del Webb neighborhood in Ave Maria,Florida;
• Thomas Hardy, owner of the home at 5239 Beckton Road in the Middlebrooke neighborhood in Ave
Maria,Florida;
• Luis and Veronica Forero,owner of the home at 5141 DaVinci Way in the Bellera neighborhood in Ave
Maria,Florida;and
• Michael Pakaluk,owner of the home at 5156 Taylor Drive in the Hampton Village neighborhood in Ave
Maria,Florida.
Each of us is substantially impacted by the matter now before the commission, known as Petition SRAA-
PL20132012, which seeks to amend the Ave Maria SRA. I and my clients hereby request that we be given due
process and a reasonable opportunity to be heard,to present evidence,and to cross examine witnesses at this quasi-
judicial hearing.The following items are attached to this letter as exhibits:
Exhibit A-parcel data
Exhibit B-authorities
Exhibit C-marketing map (SRA town plan)
Exhibit D-letter demanding due process and opportunity to be heard
I have provided my prepared written remarks and exhibits to you previously and am also handing a copy to the
chairman and to the court reporter and request that my written remarks and exhibits be entered into the record.
My clients and I oppose the portion of the petition that seeks to:
• subtract Town Center acreage from Town Center 2a and Town Center 3;
• move that acreage to Town Center 2b;
• wall off Town Center 2b behind a berm that is 60 feet wide, 14 feet high and almost 1 mile long;and
• adding 600,000 square feet of light industrial and warehouse use,which increases by 600,000 square feet
the intensity of development permitted on a parcel of land located within the Ave Maria SRA [parcel
identification number 00226440004;see parcel data at Exhibit A,attached hereto].
8R
The Board of County Commissioners must determine whether the petitioner has demonstrated that the petition
meets the criteria necessary for the Board's approval.To that end we ask:
1. Does the petition seek changes that violate provisions contained in the RLSA overlay of the county Land
Development Code?
2. Does the petition application contain everything required by the Florida RLSA Statute?
3. Does the petition seek changes that are incompatible with adjacent land uses?
4. Does the petition seek changes that violate commitments the petitioner has made to land owners in Ave
Maria such that granting the petition would cause undue harm to those land owners?
5. Does the petition's amended SRA document accurately reflect the SRA changes actually being sought by
the petition?
[Citations and excerpts of the authorities mentioned in these remarks are attached hereto as Exhibit B.]
First,when we examine whether the petition seeks changes that violate provisions contained in the RLSA overlay,
we must look at the RLSA.
Section 4.08.01 of the RLSA overlay defines Town Center as:
• Providing daily goods and services,culture and entertainment,and residential uses.
• Being similar to the Town Core,but with a lower intensity.
• Serving as a transition to surrounding residential neighborhoods.
Section 4.08.07 of the RLSA overlay requires that:
• SRAs shall be compact,pedestrian-friendly and mixed-use.
• Towns shall be designed in a progressive rural to urban continuum of density and intensity.
• Context Zones facilitate this progression, with the most intense and dense use at the Town Core,
then stepping down to Town Center and then down another step to Neighborhood General.
• Each Context Zone shall blend into the other without buffers.
• Each Town Center shall provide a wide range of uses including daily goods and services,culture
and entertainment,within walking distance of the neighborhoods.1
• Each Town Center is a primary pedestrian zone, is designed at human scale to support the
walking environment,and serves as the Main Street area of the town.
• Compatibility is to be achieved in each Town Center through the similar massing, volume,
frontage,scale and architectural features of the buildings (with no mention of buffers).
The petition essentially seeks to ignore the definition of Town Center and simply do something else and call
it a Town Center. It also seeks to eliminate the bulk of the Town Center benefit of conveniently located daily
goods and services that residents have looked forward to since they began buying homes in 2007.
The petition seeks to take the vast majority of Town Center acreage from Town Center 2a,which is within
easy biking and walking distance from several neighborhoods (0.5 miles from Emerson Park,0.5 miles from
Hampton Village,0.5 miles from Maple Ridge),and move it to Town Center 2b so that it would no longer be
within reasonable walking or biking range of those neighborhoods (3 miles from Emerson Park, 2.5 miles
from Hampton Village,and 2.5 miles from Maple Ridge). The petition seeks to take the vast majority of Town
Center acreage from Town Center 3, which is within easy biking and walking distance from several
neighborhoods(0.25 miles from Middlebrooke and 0.8 miles from Maple Ridge),and move it to Town Center
2b so that it would no longer be within reasonable walking or biking range of those neighborhoods (1.8 miles
1 In addition, Policy 4.15.1 of the county FLUE states that every SRA will include an appropriate mix of retail,
office, recreational, civic, governmental, and institutional uses will be available to serve the daily needs of
residents of the RLSA.
page 2 of 5
B
from Middlebrooke and 2.3 miles from Maple Ridge). Even though Town Center 2b is right next to the Del
Webb neighborhood, this Town Center will be located behind a berm that is 60 feet wide, 14 feet high and
almost 1 mile long, making easy pedestrian and bicycle access impossible. Thus, the majority of Town
Centers 2a and 3 are being relocated to an area where no neighborhood has the easy pedestrian and
bicycle access to daily goods and services,culture and entertainment,within walking distance of the
neighborhoods that the RLSA repeatedly insists that each Town Center is required to provide to
neighborhood residents. This leaves the residents with a tiny fraction of the conveniently-located
daily goods and services that the SRA has since before 2007 consistently indicated would be
developed.
It is also helpful to review Section 1.08.02 of the LDC,which provides these definitions:
• Berm:A mound of earth to provide screening or buffering between uses.
• Buffer. Land or a combination of land and vegetation for the separation of one use from another and
the alleviation of adverse effects of one use to another.
• Compatibility: A condition in which land uses or conditions can coexist in relative proximity to each
other in a stable fashion over time such that no use or condition is unduly negatively impacted directly
or indirectly by another use or condition.
Given that berms and buffers are only necessary when there is an incompatibility of uses,the proposed berm
itself indicates that the petition seeks something that runs counter to the explicit requirements of the RLSA.
The need for such a tall,wide and long berm is clear and irrefutable proof that the expanded Town Center 2b:
• violates the required progressive rural to urban continuum of density;
• violates the requirement that each Town Center shall blend into the adjacent neighborhoods without
buffers;and
• violates the requirement that compatibility is to be handled via massing,volume,frontage,scale
and architectural features of the buildings,rather than by buffers.
Because the requirements for all Town Centers are ignored by the petition,it must not be approved.
Second, when we consider whether the petition application contains everything required by the Florida RLSA
Statute,we must look at the statute.
F.S. 163.3248(8)provides that:
• An increase in the intensity of use on a parcel of land located within an SRA may occur only
through the assignment or use of stewardship credits.
• A change in intensity of land use on parcels located within an SRA shall be specified in a development
order that reflects the total number of stewardship credits assigned to the parcel of land and the
infrastructure and support services necessary to provide for a functional mix of land uses
corresponding to the plan of development.
The petition cannot be approved because the petition and its application materials do not address the
additional stewardship credit assignment required by this statute.
Third, when we consider whether the petition seeks changes that are incompatible with adjacent land uses, we
must look at the definitions listed above from Section 1.08.02 of the LDC,and Sections 4.08.01 and 4.08.07 of the
RLSA that were discussed above.
In this situation,the RLSA demands that each Town Center must:
• serve the needs of the adjacent Neighborhood;
• be within easy walking distance of the adjacent Neighborhood;
• blend into the adjacent Neighborhood;
page 3 of 5
8
• exhibit progressive rural to urban continuum;and
• be compatible with the adjacent Neighborhood via massing, volume, frontage, scale and
architectural features of the buildings,rather than by buffers.
Therefore it is simply dishonest to assert that the proposed enlarged Town Center with its sudden huge and
startling buildings (along with its light pollution) and its lack of progression (which thus necessitates a berm)
satisfies the unique compatibility requirements the RLSA demands.
Fourth,when we consider whether the petition seeks changes that violate commitments the petitioner has made
to land owners in Ave Maria such that granting the petition would cause undue harm to those land owners, we
have to look at what commitments were made.The full color SRA Town Plan Map [attached hereto as Exhibit
CJ has been used by the petitioner since 2007 to market the town of Ave Maria to me and to hundreds of other
residents who purchased homes. That map clearly showed where any commercial zones would be and people
purchased their homes based on that information.It was reasonable to rely on the map combined with the RLSA
definition of Town Center and the SRA Town Plan document which promises [see the attached Exhibit B for
exact citations]:
• the cornerstone of Ave Maria will be the University;
• the Town Core,Town Centers, and Neighborhood Centers will provide a maximum of 690,000 square
feet of gross leasable retail/service, 510,000 square feet of gross leasable office, 35,000 square feet of
medical facilities, 148,500 square feet of gross civic uses, and 400 hotel rooms [nb: there is no specified
allowance for industrial and warehouse];
• Ave Maria will be a university town;
• there will be three Town Centers where residents and students will find essential goods and services,
entertainment,and dining;
• Town Centers are critical components common to a successful town design;
• Town Centers 2 [originally entirely at the east end of John Paul II Blvd] and 3 will provide residents
opportunities to find everything they need in close proximity to their homes;
• streets and drives in Town Centers 2 and 3 will maintain the pedestrian quality found throughout Ave
Maria;
• Town Centers 2 and 3 will provide daily goods and services for the residents;
• Neighborhoods are planned in close proximity to Town Centers to encourage pedestrian activity;
• each Town Centers are within walking distance from the surrounding neighborhoods,and these areas are
designed,and expected to be,pedestrian and bicycle oriented;and
• light industrial, factory, and distribution buildings will be permitted only when showroom/retail/office
portion of building spans complete frontage or appropriate facade articulation returns no less than 15 Ft.
deep along side elevations.
Seven years into the process the petitioner has decided to make a dramatic change that nullifies all of these
provisions,which nullification negatively impacts the value of our homes and the quality of life we have been
reasonably anticipated.These changes change the character of the town in a way that is too drastic given what
people now have a vested right to expect—the university town will change into a town focused on industrial
production and warehouses, and the light industrial buildings and warehouses will no longer be built to look
like upscale retail stores,but instead to look more like a typical industrial building.
In the same way, those who purchased homes in Del Webb had a reasonable expectation based on the SRA
Map that they would not have a large industrial complex facing them from the edge of their club's infinity pool
and industrial lights shining in their faces at night.
For these reasons the petition should not be approved.
Fifth, when we consider whether the petition's amended SRA document accurately reflects the SRA changes
actually being sought by the petition,we have to look at the petition.
page 4 of 5
8
As noted above,many provisions in the current SRA would be nullified by the proposed amendment,yet none
of those provisions is stricken through in the proposed amended SRA document that the petitioner has
submitted.The proposed amended SRA document is therefore misleading and inaccurate and therefore should
not be approved.
Finally,we note that there are two basic legal problems with this petition:
• There is a process by which the petitioner could seek to modify the county's RLSA overlay definition of
"Town Center". Unfortunately the currently proposed amendment to the SRA is the wrong process.The
SRA cannot contradict requirements contained in the RLSA overlay. Even if the petitioner drafted the
LDC provisions at issue—perhaps all the more if they did-they must still be held to its requirements.
• An amendment that obliterates so many of the SRAs provisions, and an amendment that renders
homeowners incapable of having any reasonable expectations about how the town will be developed in
the future under the SRA system—that is not really an amendment but rather it is the undermining of all
confidence in the RLSA system in our county.
To summarize,we urge you to vote against this petition because:
1. The petition seeks changes that violate provisions contained in the RLSA overlay of the county Land
Development Code.
2. The petition application does not contain everything required by the Florida RLSA Statute.
3. The petition seeks changes that are incompatible with adjacent land uses.
4. The petition seeks changes that violate commitments the petitioner has made to land owners in Ave Maria
such that granting the petition would cause undue harm to those land owners.
5. The petition's amended SRA document does not accurately reflect the SRA changes actually being sought
by the petition.
In voting against this petition,the Board will be upholding the current LDC—enforcing the rules-and sending a
strong message that following the rules is important. The petitioner should be required to honor both the
commitments they have already made to residents,and the planning documents they helped to write.
FIDISPiRATIO
FOR Tl IF,FIRM
Robert L. Klucik,Jr.
RLK •
page 5 of 5
Page 1 of 1
EXHIBIT A 8
Collier County Property Appraiser8
Property Summary V
Parcel No. 00226440004 Site Adr. Y AVE MARIA BLVD
Name/Address BARRON COLLIER PARTNERSHIP
AMULT LLC
2600 GOLDEN GATE PKWY STE 200
City NAPLES State FL Zip 34105-3227
Map No. Strap No. Section Township Range Acres *Estimated
3E08 000100 001 03E08 8 48 29 1385.33
8 48 29 ALL LESS OR 3682 PG 3256 LESS OR 3682 PG 3223,THAT PORTION OF SEC 13 TWP 48 RNG
28 DESC IN OR 3696 PG 3132,THOSE PORTIONS OF SEC 5,17 AND 18 TWP 48 RNG 29 AS DESC IN OR
3682 PG 3248,THOSE PORTION OF SEC 7 TWP 48 RNG 29 AS DESC IN OR 3682 PG 3245,THAT
PORTION SEC 17 TWP 48 RNG 29 AS DESC IN OR 3696 PG 3137,THOSE PORTIONS OF SEC 18 TWP
48 RNG 29 AS DESC IN OR 3696 PGS 3135, 3137,3149,AND OR 3682 PGS 3244,3254 LESS AVE
MARIA PH 1 LESS THAT PORT DESC IN OR 4109 PG 3337 LESS AVE MARIA UNIT 3 DEL WEBB PH 1,
LESS THAT PORT DESC IN OR 4322 PG 1382 FOR OIL WELL RD R/W,AND THAT PORT OF SEC 6 TWP
48 RNG 29 AS DESC IN OR 3682 PG 3248, LESS PORTS DESC IN OR 4378 PGS 3427,3432,3436,3441,
LESS 1.55AC LOCATED SOUTH OF AVE MARIA PH 1 TRACT CS AS DESC IN OR 4402 PG 3806, LESS
THAT PORTION LYING IN SEC 17&18 DESC AS FOLLOWS:COMM SE CNR OF SW 1/4 OF SEC 17, N
Legal 01 DEG W 1 SOFT TO NORTH R/W, S 88DEG W 604.41 FT TO POB;CONT S 88DEG W 508FT, N 01 DEG W
200FT,S 88DEG W 1302.34FT, N OODEG W 1103.41 FT,S 89DEG W 519.71 FT,N OODEG W 654.11 FT TO
PT ON CURVE, ELY ALG CURVE RIGHT W/RADIUS 923.82FT THRU ANGLE 66DEG47'27"W/CHORD
BEARING S 80DEG E FOR 1076.92 FT TO PT REVERSE CURVE,SELY ALG CURVE LEFT W/RADIUS 750FT
THRU ANGLE 42DEG30'59"W/CHORD BEARING S 68DEG E FOR 556.54 FT TO END CURVE, N 90DEG
E 234.50FT,S OODEG E 468.71FT TO CURVE,SELY ALG CURVE LEFT W/RADIUS 923FT THRU ANGLE 34
DEG41'54"W/CHORD BEARING S 17DEG E FOR 558.96FT TO END CURVE,S 34DEG E 252.09FT TO
CURVE, SELY ALG CURVE RIGHT W/RADIUS 574FT THRU ANGLE 18DEGO3'38"W/CHORD BEARING S
25DEG E FOR 180.93FT TO END CURVE, N 88DEG E 211.05FT,S 01DEG E 200FT TO POB, LESS THAT
PORTION IN SEC 17 TWP 48 RNG 29 AS DESC IN OR 4616 PG 1036, LESS THAT PORTION IN SEC 17&
8 TWP 48 RNG 29 AS DESC I N OR 4995 PG 2214, LESS THAT PORTION IN SEC 6 48 29 AS DESC IN OR
5053 PG 1429
Millage Area 0 298 Millage Rates 0 *Calculations
Sub./Condo 100-ACREAGE HEADER School Other Total
Use Code 0 66-ORCHARD GROVES,CITRUS, ETC. 5.58 8.3696 13.9496
Latest Sales History 2014 Preliminary Tax Roll
(Not all Sales are listed due to Confidentiality) (Subject to Change)
Date Book-Page Amount Land Value $ 15,257,040
11/19/04 3682-3245 $20,441,000 (+) Improved Value $ 14,185
12/08/94 2009-1546 $4,500,000
(=) Market Value $ 15,271,225
06/01/82 975-674 $0
09/01/80 884-1432 $0 (=) Assessed Value $ 15,271,225
(=) School Taxable Value $3,805,685
(=) Taxable Value $3,805,685
If all Values shown above equal 0 this parcel was created after the Final Tax Roll
http://www.collierappraiser.com/main_search/Recorddetail.html?Map=No&FolioNum=00226440004 10/13/2014
88 Collier County Property Appraiser Page 1 of 1
Collier County Property Appraiser
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8R41
EXHIBIT B
RELEVANT AUTHORITIES
2014 FLORIDA STATUTES
163.3248 Rural land stewardship areas.
(8)(g)An increase in the density or intensity of use on a parcel of land located within a designated receiving
area may occur only through the assignment or use of stewardship credits and does not require a plan amendment.
(8)(b)A change in the density or intensity of land use on parcels located within receiving areas shall be specified
in a development order that reflects the total number of stewardship credits assigned to the parcel of land and
the infrastructure and support services necessary to provide for a functional mix of land uses corresponding to
the plan of development.
COLLIER COUNTY GROWTH MANAGEMENT PLAN
FUTURE LAND USE ELEMENT
Policy 4.15.1
SRAs are intended to be mixed use and shall be allowed the full range of uses permitted by the Urban
Designation of the FLUE,as modified by Policies 4.7,4.7.1,4.7.2,4.7.3,4.7.4 and Attachment C. An
appropriate mix of retail,office,recreational,civic,governmental,and institutional uses will be available
to serve the daily needs and community wide needs of residents of the RJ.S.A.
COLLIER COUNTY LAND DEVELOPMENT CODE
1.08.02-Definitions
Berm:A mound of earth to provide screening or buffering between uses.
Buffer(also,landscape buffer):Land or a combination of land and vegetation for the separation of 1 use
from another and the alleviation of adverse effects of 1 use to another.
Compatibility A condition in which land uses or conditions can coexist in relative proximity to each other
in a stable fashion over time such that no use or condition is unduly negatively impacted directly or
indirectly by another use or condition.
4.08.00 Rural Lands Stewardship Area Zoning Overlay District Standards and Procedures
4.08.01 Specific Definitions Applicable to the RLSA District
SS.Town Center.A defining Context Zone that is intended to provide a wide range of uses,including
daily goods and services, culture and entertainment, and residential uses within a Town. The Town
Center is an extension of the Town Core,however the intensity is less as the Town Center serves as a
transition to surrounding neighborhoods.
4.08.07 SRA Designation
J. Design Criteria. Criteria are hereby established to guide the design and development of SRAs to
include innovative planning and development strategies as set forth in g 163.3177 (11), F.S. and
Chapter 9J-5.006(5)(l),F.A.C.
1. SRA Characteristics. Characteristics for SRAs designated within the RLSA District have
been established in the Goals Objectives and Policies of the RLSA Overlay. All SRAs
1 of 3
designated pursuant to this Section shall be consistent with the characteristics identified on
the Collier County RLSA Overlay SRA Characteristics Chart and the design criteria set forth
in 2.through 6.below.
2.Town Design Criteria.
a.General design criteria.
i.Shall be compact,pedestrian-friendly and mixed-use;
viii. Shall be designed in a progressive rural to urban continuum with the
greatest density,intensity and diversity occurring within the Town Core,to
the least density,intensity and diversity occurring within the Neighborhood
Edge;
x. Shall include a minimum of three Context Zones: Town Core, Town
Center and Neighborhood General,each of which shall blend into the other
without the requirements of buffers;
d.Context Zones.Context Zones are intended to guide the location of uses and their
intensity and diversity within a Town,and provide for the establishment of the urban
to rural continuum.
ii. Town Center. The Town Center shall provide a wide range of uses
including daily goods and services, culture and entertainment, within
walking distance.Like the Town
Core,the Town Center is the primary pedestrian zone,designed at human
scale to support the walking environment. It is the Main street area of the
Town. Buildings shall be positioned near the right-of-way line, wide
sidewalks shall be shaded by street trees and architectural elements. The
following design criteria shall apply within the Town Center
m)Buildings within the Town Center shall be made compatible
through similar massing,volume,frontage,scale and architectural
features.
Ave Maria SRA Designation,Town Plan and Master Plan
Executive Summary
Ave Maria will consist of Ave Maria University and The Town of Ave Maria.The cornerstone of Ave
Maria will be the University...
The town area of Ave Maria is designed as a compact,walkable community...
Uses that provide the mix of services to,and are supportive of,the residents of The Town of Ave Maria
and university will be mainly located in the Town Core and Town Centers. The Town Core, Town
Centers,and Neighborhood Centers will provide a maximum of 690,000 square feet of gross leasable
retail/service, 510,000 square feet of gross leasable office, 35,000 square feet of medical facilities,
148,500 square feet of gross civic uses,and 400 hotel rooms.
Town Plan-Introduction
Page 2. ...The vision is to bring the environmental beauty of Eastern Collier County together with the
full educational experience and atmosphere created by a university town. ...
Town Plan—Overview and Master Plan
Page 4. ... Ave Maria has been designed with respect to the human scale.The mixed use,network of
streets,distinctive character and environmental sustainability distinguishes the community.Ave Maria
2 of 3
8E
is focused around a Town Core and three Town Centers where residents and students will find essential
goods and services,entertainment,and dining. ...
Page 5. ...Ave Maria is organized into five distinct areas-the University District,the Town Core,three
Town Centers,Neighborhood General,and the Services District.The Town Core,Town Centers and
Neighborhood General are critical components common to a successful town design.These three areas
are consistent with the Context Zones defined in the LDC Section 4.08.07. ...
Town Plan-Town Centers 2 and 3
Page 76. ... A wide variety of shopping needs will be met through local, national and regionally
recognized stores.In short,Town Centers 2 and 3 will provide residents opportunities to find everything
they need in close proximity to their homes.Streets and drives in Town Centers 2 and 3 will maintain
the pedestrian quality found throughout Ave Maria.Tree lined sidewalks will provide a buffer and shade
to those walking within the Town Centers. ...
Page 77. ... Town Centers 2 and 3 will provide daily goods and services for the residents and visitors
of Ave Maria. ...
Town Plan—Neighborhood General
Page 97. Neighborhoods are planned in close proximity to town centers,schools and community
parks to encourage pedestrian activity. The neighborhood streetscapes are designed to support a
walkable environment,with sidewalks separated from the street by a planting zone.There is a hierarchy
in the Town with regard to commercial uses, from Town Core to the Town Centers to the
Neighborhood Centers to Local Neighborhood Goods and Services. ...
Town Plan-Community General
Page 152. ... The transportation network will provide the pedestrian,motorist,or cyclist with multiple
route choices in traveling to a specific destination. ...
Page 153. ... The Ave Maria transportation network promotes pedestrian and bicycle modes of
transportation. ...
Page 156. ... Both Ave Maria Town and Ave Maria University are designed, and expected to be,
pedestrian and bicycle oriented developments.The university is expected to have a very high use of the
pedestrian and bicycle mode of transportation.Although the university is a major use,it is not expected
to provide a high traffic volume in relation to its size and use since the vast majority of students will be
housed on campus. The commercial areas of Ave Maria, the town center and town core, arc within
walking distance from the surrounding university and neighborhood. These areas are designed, and
expected to be,pedestrian and bicycle oriented. ...
3 of 3
1 .1
8
Ave Maria - r
M 1 i.
RIMS �'rrrrrrlY rtrrr► i
01181 • ♦_
=very Family. Every Lifestyle. Every Dream. _,Qr ' .irr
.s
:..a... . xnaE4 Z i .rmrr ,r ' 'tel
ei
_ t Sm . H Ilt(Y O i = II r''0',
Marc Cr:" Q, r, t' .. It Y ( �, /
•
PARE _ - ,.C� ibrr 7=-. r... L. .
1 La Piazza Town Center and '...,a�ar+rt �S r' t+T h s`'` � alb
Ave Maria Sales ft Information Center .,.. '' r+ !�`� _
Ave Maria Grammar Et Preparatory School •. ,`3 . ii • _
3 Lake Park ..,!► r q Kr `--��
Emerson Park(Pulte Homes) b 11N a�°1 C' �� uE�r
t-. . �''` R •.r rm
•
Water Park .:ti Cil �' titli r � • Y�Ir.
o. Future North Community Center Site w. ` •• >,,� .„� `'` tEf»�"�!. p{ � , ,
�/ ,.. � ii i.7M��' e.r..w arwmin
?, Future Tennis Center Site 'Z 1. AVE nn J1"1�R, , ,�
R. North Park 11N �. _ 0-1) ',�� iiii
I wwM! � i. u
� —+' META
9, Future Collier County School Site • .4`1E"its
10 Ave Maria University f � �� 1j 1 "-1^K1r�.-;•
• •t. ,tin sfi�.., .�.. _ ~Tom
A. Student Union t to .'• T e!'! tit f' • ' s ?!...••k:,..,.- _ e
B. Academic Budding •
h
C. Student
• t f f t%f.. .•'` 1. _
D. Swdent Residences • g F ., F.rK o ge•• ..
E. F.rure Law School Site ,. •sr' ««..«„
,,t`‘, ,,,.,,,.. sIN r trrratrr``.# sir ¢d rq. .."•• -•7r ' Y
Ave Maria Utiiity Plant ',11S;;47-"" �i. : ' •t,14 0""i . rt : .. , q
�4a'
Soutn Park srrr,��• ^�
1. a.
` ' •� � +writs ' . .'� �. ..:.. "'.' ,� • V
3 Del Webb at Ave Maria(Del Webb) ,' s
The Golf Club at Del Webb ' � . =:,;., ... r ,
:5. BeaeraWalk(DiVosta Homes) R ,,,
'o. Nat:;re Preserve ry "�._
Future Southern Fitness Center Site – ••t Ai 0 ./�tN" '.
18 Midd
EXHIBIT D B
ATTORNEY ROBERT L.KLUCIK,JR. RLKQAVEMARIALAWYER.COM
5072 ANNUNcIA'noN CIRCLE,STE 326PHONE: 239.455.4LAW
Ave MARIA,FLORIDA 34142 Rulsrul I. Ln kits llt.,P.A. FAX:877.843.0360
A firm for all seasons
WNW..AVEMAR1ALANYLR.[(1N
GENERAL PRACTICE•TITLE INSURANCE•REAL ESTATE•BUSINESS*WILLS•TRUSTS•ADOPTIONS•LITIGATION•ADMITTED IN FLORIDA&D.C.
October 10,2014
To:Board of County Commissioners for Collier County,Florida("BCC")
Copy: Collier County Attorney Jeff Klatzkow
Re: Item 8.b on the agenda for the October 14, 2014, meeting of the BCC, which reads: A Resolution of
the Collier County Board of County Commissioners amending the Ave Maria Stewardship
Receiving Arca (SRA) Town Plan and SRA Master Plan in accordance with Section 4.08.07.F.4 of
the Land Development Code, and specifically to: add single family detached Z lots to the
Neighborhood General Zone; add 600,000 square feet of light industrial/warehousing to the
Town Center 2b; redesignate 155 acres of Neighborhood General to Town Center 2b; redesignate
90 acres of Town Center 2a to Neighborhood General; redesignate 52 acres of Town Center 3 to
Neighborhood General and move an access point along Oil Well Road. The subject property is
located north of Oil Well Road and west of Camp Keais Road 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 (also known as Petition SRAA-PL20132012).
Dear Commissioners:
This letter is written on behalf of my clients:
• Ave Maria Community Alliance, Inc., a civic non-profit organization (hereinafter "AMCA")
representing the interests of homeowners,residents and students in Ave Maria,Florida;
• Robert and Sally Klucik, owners of the home at 5706 Mayflower Way, Unit 206,in the Del Webb
neighborhood in Ave Maria, Florida;
• Thomas Hardy, owner of the home at 5239 Beckton Road in the Middlebrooke neighborhood in
Ave Maria,Florida;
• Luis and Veronica Forero, owner of the home at 5141 DaVinci Way in the Bellera neighborhood
in Ave Maria,Florida; and
• Michael Pakaluk, owner of the home at 5156 Taylor Drive in the Hampton Village neighborhood
in Ave Maria, Florida,
who are hereinafter collectively referred to as the "Residents". Each of the actual human persons listed as
one of the Residents is a property owner who is substantially affected and impacted by the application
known as Petition SRAA-PL20132012 (hereinafter the "Petition"). The AMCA is a civic organization
representing the interests of members and supporters who are property owners in Ave Maria, Florida,
and who are substantially affected and impacted by the Petition, including all of the Residents.
This letter pertains to any and all of the BCC's public meetings, hearings and deliberations regarding the
proposed BCC resolution that would approve the Petition (hereinafter the "Hearings"). This purpose of
this letter is to request and demand that the BCC follow quasi-judicial procedures in the Hearings and in
deciding this matter, and that Residents be considered parties to the Petition and be granted full due
process including a meaningful opportunity to be heard and to present evidence regarding the Petition.
B
With respect to the Petition, each of the Residents hereby makes the following requests and demands of
the Board of County Commissioners for Collier County,Florida(hereinafter"BCC"):
1. That each of the Residents be considered a Party to the Petition, including during the Hearings.
2. That the BCC provides to me, at least 48 hours prior to any and all Hearings, an outline of the
procedures and rules by which the Hearing will be conducted.
3. That any and all Hearings be conducted as quasi-judicial proceedings pursuant to Chapter 3 of the
Administrative Code for Land Development dated 9/24/2013 as well as the provisions of Florida
Statute 286.0115.
4. That each of the Residents be permitted enough time and opportunity to be heard at any and all
such Hearings.
5. That each of the Residents be permitted to orally present evidence and testimony on the record to
the BCC during any and all such Hearings without undue time restrictions.
6. That each of the Residents be permitted to present documentary evidence on the record to the
BCC during any and all such Hearings without undue restrictions.
7. That each of the Residents be permitted to present testimony and witnesses on the record at any
and all such Hearings without undue time restrictions.
8. That each of the Residents be permitted to question and examine on the record all witnesses and
parties who appear at any and all such Hearings without undue time restrictions.
9. That each of the Residents be permitted to question and cross-examine on the record all witnesses
and parties who appear at any and all such Hearings without undue time restrictions.
10. That the Residents be afforded 45 minutes of time collectively to present evidence at each of any
Hearings, and that an attorney may appear on behalf of the Residents and use this same 45
minutes to do the things listed above in items 4 through 9.
The Residents contend that the Petition cannot be approved by the BCC because it violates the Land
Development Code (Hereinafter the "LDC"), violates the Rural Land Stewardship provisions of the
LDC, harms and otherwise violates the vested interests and rights of the Residents, and violates public
policy because it nullifies the stated goals of the Ave Maria SRA Town Plan and Master Plan. Due to the
rapidly approaching BCC meeting on October 14,I trust you will be able to send a prompt reply.
FIDES&RATIO
FOR THE FIRM
Robert L.Klucik,Jr.
RLK
page 2 of 2
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