Agenda 05/27/2008 Item #17C
Agenda Item No. 17e
May 27, 2008
Page 1 of 91
EXECUTIVE SUMMARY
DOA-2007-AR-12651: Ave Maria Development, LLLP, represented by George Varnadoe, of
Cheffy, Passidomo, Wilson, and Johnson, LLP, is requesting an amendment to the Town of Ave
Maria Development of Regional Impact (DRI) Development Order to reflect and memorialize
changes in the Florida Statutes relating to the sale of affordable housing units pursuant to
Florida Statutes, Subsection 380.06(19)(e)(2)(k). The subject property is located in the Town of
Ave Maria, part of Sections 4 through 9 and Sections 16 through 18, Township 48 South, Range
29 East and part of Sections 31 through 33, Township 47 South, Range 29 East, Collier County,
Florida.
OBJECTIVE:
That the Board of County Commissioners (BCC) review the request to amend the Ave Maria
Development of Regional Impact (DRI) Development Order (DO) as noted above and to ensure that
the community's interest is maintained.
CONSIDERATIONS:
The proposed change is to establish the procedure to implement the Affordable Housing options made
available to the petitioner by an amendment to the Florida Statutes (F.S.).
.'-
The petitioner is proposing a change to the Town of Ave Maria DRI DO to establish the procedure that
could allow the low income affordable housing units to be made available to the next higher income
level in compliance with Section 8 of Chapter 2007-198. This section allows the proposed change to
be approved by the local government without being subject to filing a formal DRI Notice of Proposed
Change because the proposed amendment is automatically determined not to be a DRI Substantial
Deviation pursuant to Subsection 380.06(19)(e)(2)(k):
Changes to permit the sale of an affordable housing unit to a person who earns less than J 20
percent of the area median income, provided the developer actively markets the unit for a
minimum period of 6 months, is unable to close a sale to a qualified buyer in a lower income
qualified income class, a certificate of occupancy is issued for the unit, and the developer
proposes to sell the unit to a person who earns less than J 20 percent of the area median
income at a purchase price that is no greater than the purchase price at which the unit was
originally marketed to a lower income qualified class, This provision may /Jot be applied to
residential units approved pursuant to subparagraph (b) 7 or paragraph (i), and shall expire
on July I, 2009.
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,
Executive Summary for Ave Maria, DOA-2007.AR-12651
May 27, 2008 BCC hearing Page 1 of 4
Agenda Item No, 17e
May 27, 2008
Page 2 of 91
FISCAL IMPACT:
The DRI amendment, by and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development, however, if
the DRI amendment is approved, a portion of the existing land will be developed and the new
development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the impacts of
each new development on public facilities. These impact fees are used to fund projects identified in
the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted
Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of
concurrency management, the developer of every local development order approved by Collier County
is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project.
Other fees collected prior to issuance of a building permit include building permit review fees and any
additional impact fees applicable to this project. Finally, additional revenue is generated by applying
ad valorem tax rates to applicable properties, and that revenue is directly related to the value of
improvements.
Please note that the inclusion of impact fees and taxes collected are for informational purposes only;
they are not included in the criteria used by Staff and the Collier County Planning Commission
(CCPC) to analyze this petition.
ENVIRONMENTAL IMP ACT:
The Environmental Review Staff has recommended approval since the requested amendment will not
cause any impacts to any wetland preserve area.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Since this petition did not have environmental impacts it was not required to go to the Environmental
Advisory CounciL
TRANSPORTATION ISSUES:
Transportation Review: staff has reviewed the Ave Maria Developer Contribution Agreement (DCA)
and inter-local agreement. Staff has also met with representatives of Barron Collier Companies to
discuss the schedule of the project and funding. Both parties have acknowledged that the permitting
status and financial environment have delayed the commencement of construction and the definition of
project limits respectively, The county will begin the bid process as soon as permits are available, The
county and the applicant have agreed to review the project at each milestone and continue to work
collaboratively to satisfy the intent of the agreements.
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC):
The amendment is not subject to a hearing before the RPC, therefore the RPC has not provided
comments for this petition.
DEPARTMENT OF COMMUNITY AFFAIRS (DCA):
Executive Summary for Ave Maria, DOA-2007-AR-12651
May 27, 2008 BCC hearing Page 2 of 4
Agenda Item No, 17e
May 27, 2008
Page 3 of 91
The state land planning agency (DCA) may appeal the housing amendment to the development order if
the agency believes the change creates a reasonable likelihood of new or additional regional impacts;
however, the agency has not provided review comments for the item for the local government
consideration.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard the petition on April 17, 2008. At that time the petitioner was seeking two
amendments to the DR! DO. The second portion of the amendment as it was originally submitted and
heard by the CCPC, sought approval of language that would have memorialized the automatic
extension dates authorized by Subsection 380.06(19)(c) [last two sentences] as amended by Section 6,
Chapter 2007.204, Laws of Florida into this DR! DO as that section is quoted below:
In recognition o[ the 2007 real estate market conditions, all phase, buildout, and expiration
dates for projects that are developments of regional impact and under active constnlction on
July 1,2007, are extended for 3 years regardless of any prior extension. The 3-year extension
is not a substantial deviation, is not subject to further development-of-regional-impact review,
and may not be considered when determining whether a subsequent extension is a substantial
deviation under this subsection.
During the CCPC hearing, Transportation Planning staff testified that an extension to the DR! build-
out date, increased construction costs, and the lack of timely impact fee payments the quantity and rate
as originally projected may have a detrimental affect on the financial feasibility of the roadway
construction program. Therefore, the CCPC requested that Transportation Planning staff meet with the
applicant to evaluate the existing agreements for financial feasibility consistent with the intent of the
original agreement to provide additional analysis for the Board's consideration prior to adopting the 3-
year extension portion of this petition. The CCPC therefore passed a motion to forward petition DOA-
2007-AR-12651 to the BCC with a recommendation of approval by a unanimous vote subject to the
following stipulation:
Transportation Department will review the DCA [Developer's Contribution Agreement} and
the Interlocal Agreementfor the applicability o[time extensions prior to the Board Hearing.
Discussion later in the CCPC hearing indicated that the CCPC included this stipulation, "So when it
[this petition] gets to the Board, Transportation [staff] can present the issues regarding the timing of
the DCA and the Interlocal in regard to the extension of this DRl." To clarify, although CCPC used
the term "stipulation," in actuality, the requested action is a staff directive asking Transportation staff
to conduct further research al1d make that research available to the Board prior to the Board taking
action on the time extension portion of the requested amendment.
Transportation Department staff has held the meeting with the petitioner and has offered the comments
shown above.
On April 21, 2008, the petitioner's agent amended the request removing the requested action about the
3-year extension. Therefore the only issue under consideration at the May 27, 2008 Board hearing will
be to address the housing issue. Zoning staffs recommendation has been revised to reflect this
alteration.
Executive Summary for Ave Maria, DOA.2007.AR-12651
May 27, 2008 Bee hearing Page 3 of 4
Agenda Item No. 17C
May 27, 2008
Page 4 of 91
LEGAL CONSIDERATIONS:
The amendments to the Ave Maria Development of Regional Impact Development Order are to reflect
and memorialize in the Development Order recent changes in the Florida Statutes relating to the sale of
affordable housing units (See Subsection 380,06(19)(e)(2)(k), Florida Statutes) for Developments of
Regional Impact. (Considerations provided by MMSS)
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the revised request in Petition
DOA-2007-AR-1265l seeking an amendment to the Town of Ave Maria Development of Regional
Impact (DR!) Development Order to reflect and memorialize changes in the Florida Statutes relating to
the sale of affordable housing units pursuant to Florida Statutes, Subsection 380.06(l9)(e)(2)(k)
subject to the limitations that have been incorporated in the DRI DO resolution.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning and Land Development Review
Executive Summary for Ave Maria, DDA.2007-AR-12651
May 27, 2008 BCC hearing Page 4 of 4
Item Number:
Item Summary:
Meeting Date:
Page 10f2
Agenda Item No. 17C
May 27, 2008
Page 5 of 91
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
He
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. DOA~2007~AR~12651: Ave Maria Development, LLLP, represented
by George Varnadoe, of Cheffy, Passidomo, Wilson, and Johnson, LLP, is requesting an
amendment to the Town of Ave Maria Development of Regional Impact (DRI) Development
Order to reflect and memorialize changes in the Florida Statutes relating to the sale of
affordable housing units pursuant to Florida Statutes, Subsection 380.06(19)(e){2)(k). The
subject property is located in the Town of Ave Maria, part of Sections 4 through 9 and
Sections 16 through 18, Township 48 South, Range 29 East and part of Sections 31 through
33, Township 47 South, Range 29 East. Collier County, Florida.
5/27/20089:0000 AM
Prepared By
Kay Deselem, AICP
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
4/24/2008 4:50:47 PM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
4/25/2008 1 :11 PM
Approved By
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
4/29/20084:54 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
4/30/200811 :30 AM
Approved By
Marjorie M. Student-Stirling
County Attorney
Assistant County Attorney
Date
County Attorney Office
5/1/20087:46 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
5/1/2008 1 :15 PM
Approved By
~
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
5/9/2008 1 :27 PM
file://C:\AgendaTest\Export\ 1 08-May%2027, %202008\ 1 7. %20SUMMAR Y%20AGENDA \,.. 5/21/2008
Page 2 of2
Agenda Item No. 17C
May 27, 2008
Page 6 of 91
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
5/10/20087:01 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/12/20084:24 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
5/13/20087:54 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/19/20089:46 AM
file:l/C:IAgendaTestIExportll 08-May%2027, %202008117,%20SUMMARY%20AGENDA \... 5/21/2008
Agenda Item No, He
AGENDIMifIEM, <J/(!08
Page 7 of 91
CoUleT County
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STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
HEARING DATE: APRIL 17,2008
SUBJECT:
PETITION NO: DOA-2007-AR-12651-TOWN OF AVE MARIA
DEVELOPMENT OF REGIONAL IMPACT (DR!)
APPLICANT
AGENT:
Ave Maria Development, LLLP
2600 Golden Gate Parkway
Naples, FL 34105
Mr. George L. Varnadoe, esq.
CheflY Passidomo Wilson & Johnson, LLP
821 Fifth Avenue South, Suite 201
Naples, FL 34102
REOUESTED ACTION:
The petitioner seeks to arnend the Town of Ave Maria DRI Development Order (DO) in order to
implement the changes that are authorized by sub-section 380.06(l9)(e)2(k Florida Statutes
(F.S.), as amended by Section 8 of Chapter 2007-198, and Subsection 380.06(19)(c), F.S. as
amended by Subsection 6, Chapter 2007-204, Laws of Florida.
GEOGRAPIDC LOCATION:
The subject property is located on the north side of Oil Well Road, the west side of Camp Keais
Road and approximately 6,000 feet south of Immokalee Road (CR-846), The property lies within
Sections 4-9 and 16-18, Township 48 South, Range 29 East and Sections 31-33 Township 47
South, Range 29 East. (See the location map on following page)
PURPOSEIDESCRIPTION OF PROJECT:
The petitioner is proposing two changes to the Town of Ave Maria DRI DO. The first change
would establish the procedure that could allow the low income affordable housing units to be
made available to the next higher income level in compliance with Section 8 of Chapter 2007-
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Ave Maria DOA-2007-AR-12651
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Agenda Item No. He
May 27, 2008
Page 9 of 91
198. This section allows the proposed change to be approved by the local government without
being subject to filing a formal DRI Notice of Proposed Change because the proposed
amendment is automatically determined not to be a DRI Substantial Deviation pursuant to
Subsection 380.06(19)(e)2(k:
Changes to permit the sale of an affordable housing unit to a person who eams less
than 120 percent of the area median income, provided the developer actively maTkets
the unit for a minimum period of 6 months, is unable to close a sale to a qualified
buyer in a lower income qualified income class, a certificate of occupancy is issued for
the unit, and the developer proposes to sell the unit to a person who eams less than
120 percent of the area median income at a purchase price that is no greater than the
purchase price at which the unit was originally maTketed to a lower income qualified
class, This provision may not be applied to residential units approved pursuant to
subparagraph (b)7. or paragraph (i), and shall expire on July 1, 2009.
The second change proposed in this amendment incorporates the automatic extension dates
authorized by Subsection 380.06(J9)(c) [last two sentences] as amended by Section 6, Chapter
2007-204, Laws of Florida into this DRI DO as that section is quoted below:
In recognition of the 2007 real estate market conditions, all phase, buildout, end
expiration dates for projects that are developments of regional impact and under active
construction on July 1, 2007, are extended for 3 years regardless of any prior
extension. The 3-year extension is not a substantial deviation, is not subject to further
(~, development-of-regional-impact review, and may not be considered when determining
whether a subsequent extension is a substantial deviation under this subsection.
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC):
The amendment is not subject to a hearing before the RPC, therefore the RPC has not provided
comments for this petition.
DEPARTMENT OF COMMUNITY AFFAIRS (DCA):
The state land planning agency (DCA) may appeal the housing amendment to the development
order if the agency believes the change creates a reasonable likelihood of new or additional
regional impacts; the three-year extension is not subject to appeal; however, the agency has not
provided review comments for either item for the local government consideration.
STAFF REVIEW:
Housinfl and Human Services: The proposed amendment change is consistent with the Florida
Statute Change for 2007 - 380.06(19Xe)2(k reflecting the procedure for the sale of affordable
housing units to the next higher income category and including the information on the maximum
allowable income of no more than 120 percent area median income.
Emerflencv Manaflement: Staff has reviewed the petition and has no issues with what is
~ proposed.
Ave Maria DOA-2007-AR-12651
Page 2 of 5
Agenda Item No. 17C
May 27, 2008
Page 10 of 91
Comorehensive Planninl!: Staff finds that these proposed amendments will not result in any
changes to land uses, densities or intensities, capacity or size of the DR! and, as such, are
compatible with the approved Development Order for this DR! and consistent with the Rural
Land Stewardship Area Overlay (Policy 4.18) of the Future Land Use Element of the Growth
Management Plan and will not create any additional regional impact. Comprehensive Planning
staff defers to the Housing Human Services Department to analyze the appropriateness of the
request to allow sale of affordable housing units.
Transoortation Planninl!: Staff has reviewed the petition and offers no objection to the
requested changes to the DRI DO.
Zoning Review:
Development authorizations contained in DR! Development Orders are prerequisite to roning
actions that implement DR! land use authorizations. DR! Development Orders are structured first
and foremost to contain regulations that respond to relationships dictated by State Administrative
rules. Specifically, those relationships and questions that an applicant is required to analyze and
report on as part of their Application for Development Approval (ADA). Amendments as
described by the Notice of Proposed Change (NOPe) deal with those same questions as
applicable. Those responses are reviewed by County, the RPC and DCA staff, who make a
determination that the proposed changes do or do not create additional regional impacts or
regional impacts not previously reviewed. Most amendments are processed as NOPC items. The
2007 legislative session, however, instituted two new procedures that recognized the changing
market conditions in Florida. Neither of those changes separately or together requires additional
review by the local government, the regional planning agency or the state planning agency. unless
it is upon appeal by DCA for the housing issue. The time extension is not subject to appeal.
The proposed amendment only establishes the procedure within the DR! DO to allow the income
units to be available to the next higher income persons; it does allow or approve any units for that
conversion at this time. The amendment language establishes the entity that will review the
requests (Director of the Collier County Department of Housing and Human Services) and
establishes the review criteria consistent with the language in the Florida Statutes, shown below:
I. the developer actively markets the unit for a minimum period of 6 months;
2. [the developer] is unable to close a sale to a qualified buyer in a lower income qualified
income class;
3. a certificate of occupancy is issued for the unit; and
4. the developer proposes to sell the unit to a person who earns less than 120 percent of the
area median income at a purchase price that is no greater than the purchase price at which
the unit was originally marketed to a lower income qualified class.
This amendment proposes to allow the sale of any low income housing units, defined on page 4
of29 in the DRl DO No. 05-01 (Resolution No. 05-235) as persons making more than 50 percent
but less that 80 percent of the HUD median family income limit for Naples Florida Metropolitan
Ave Maria DOA-2007-AR-12651
Page 3 of 5
Agenda Item No. He
May 27, 2008
Page 11 of 91
Statistical Area (MSA), to persons in the next higher income class. The next higher income
class-the moderate income, is identified on page 4 of 29 in the DR! DO No. 05-01 (Resolution
No. 05-235) as persons making more than 80 percent but less that 120 percent of the HUD
median family income limit for MSA. The table below shows the unit types, the income levels,
and the number of units that were to be provided in the three affordable housing categories
identified in the DR! DO. The last column shows the proposed change.
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I ! i 1 ,000 with up to 700 i
i ! more units moved I
Moderate I 80 to 120 1,000 from the "'ow" I
I category below i
..____."._i
Low
50-80
700 with at least
half of the units
to be owner
occupied
unknown number-
between 0 and 700
Very Low
Less than 50
All units are to
be rental units
No change is
proposed to this
i housing type
_._~_----.J_____.____
,.-.
While staff does have a concern that there is the potential to lose an entire affordable housing
category with the amendment, having a category of housing available to low income persons that
is not being utilized is not achieving the goals of the affordable housing requirements. If the
housing units are made available to the next higher income level persons at the same price and
with the same five-year use limitation, in all likelihood the units would be sold and then
occupied, rather than remaining vacant. Apparently there are no persons who fit the income
guidelines that desire to live in these units, at this location, at the prices offered. Adopting the
proposed amendment allows the developer to respond to the market housing needs while still
keeping the units affordable to what has become identified in Collier County as the "gap
housing" market.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CepC) forward a recommendation of approval
of Petition DOA-2007-AR-12651 to the Board of County Commissioners as described by the
amending DR! Development Order Resolution.
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!
Ave Maria DOA-2007-AR.12651
Page 4 of 5
Agenda Item No. 17G
May 27, 2008
Page 12 of 91
PREPARED BY:
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KA~' Ol:"ELEM. AICP. PRINCIPAL PLANNER
DEI' '\RTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
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REVIEWED BY:
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ASSISTANT COUNTY A ITORNEY
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DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
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DATE
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SUSAN M. ISTENES, AlCP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
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CO\!MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the May 27, 2008 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
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Ave Maria DOA-2007-AR-12651
Page 5 of 5
(i)
2800 NORTH HORs~mlNo. 17C
NAPLES, FlORIDA 34104 May 27,2008
(239) 403-2400 FAX (239fg~3_1~g~91
COLLIER COUNTY GOVERNMENT
DEPT, OF ZONING & lAND DEVELOPMENT REVIEW
WWW.COllIERGOV.NET
APPLICATION FOR PUBLIC HEARING FOR
D DRI Application for Development Approval (DRI)
D DRI Notice of Proposed c::han~e (DOAI
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
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APPLICANT INFORMATION
APPlICANT(S) AVE MARIA DEVELOPMENT, LlLP
FIRM
ADDRESS 2600 GOLDEN GATE P ARKW A Y CITY NAPLES ST ATE Fl ZIP 34105
TelEPHONE # (239)262-2600 CELL # FAX #
E-MAil ADDRESS:
-,
Is the applicant the owner of the subject property? [gj Yes 0 No
Please provide the following information on separate sheets.
D (0)
D (b)
~ (e)
[2] (d)
D (e)
U if)
If applicant is a land trust, so indicate and nome beneficiaries.
If applicant is corporation other than a public corporation, so indicate and name officers and maior
stockholders.
If applicant is a partnership, limited partnership or other business entity, so indicate and name
principals.
If applicant if an owner, indicate exactly as recorded, and Ii:;t all other owners, if any.
If applicant if a lessee, attoch copy of lease, and indicate actual owners if not indicated on the
leose.
If applicant is a contract purchaser, ottach copy of contract, and indicate actual owner(s} name and
address.
AGENT INFORMATION
NAME OF AGENT GEORGE l. VARNADOE
FIRM CHEFFY PASSIDOMO WilSON & JOHNSON, llP
ADDRESS 821 FIFTH AVENUE SOUTH, SUITE 201 CITY NAPLES STATE Fl ZIP 34102
TELEPHONE # (239)261-9300 CEll # FAX # (239)261-9782
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Page J 017
C:'.Documcnts and Scttings\BGable\Local Sett]ngs\T~mporary Intemct Files\ContcnLOutlook\9ATR6QFS\County DOA
Applicat,on Draft 10.10 (2),doe Created on 10'10/20072:14:00 PM
E-MAIL ADDRESS: GLVARNADOE@NAPlESLAW.COM Agenda Item No. 17C
May 27, 2008
Page 14 of 91
BE AWARE THAT COLlIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
L~~_
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PROPERTY INFORMA nON
Detailed leael descriotion of the orooertv covered by the aoolication: (If space is inadequate, attach on
separate page.) If request involves change to more thon one zoning district, include separate legal description for
property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the
last six months, maximum 1" to .400' scale) if required to do 50 af the pre-application meeting. NOTE: The
applicant is responsible for supplying the correct legol description. If questions arise concerning the legal
description, an engineer's certification or sealed survey may be required.
Section/Township/Range Part of Sections 4 through 9 and Sections 16 through 18, Township 48 South, Range 29
Eo:s.t, and Part of Sections 31 through 33, Township 47 South, Range 29 East, Collier County, Florida.
/ /
Lot, Block. Subdivision,
Plat Book Page #: Property 1.0,#:
Metes & Bounds Description: See scrivenarls error Resolution No. 05.377.
Size of orooerty:
ft,X
fl. = Total Sq. Ft.
Acres 5,026.93 acres
Address/aenerallocotion of subject DrODerty: Town of Ave Maria, Collier County, Florida
Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal
description of entire contiguous property. (If space is inadequate, attach on separate page).
Section/Township/Range NA/ /
Lot: Block: Subdivision:
Plat Book Page #, Property I.D.#:
Metes & Bounds Description:
.'"'_~~~.~=,.7~_=.<"'- _.~~~__"'~~==-=_____~_''''''
DETAil OF REQUEST
Does the proposed action comply with the Collier County Growth Management Plan? [2J Yes 0 No If no,
provide a written explanation.
Has a public hearing been held on this property within the last year? 0 Yes 0 t-Jo
written explanation of the hearing.
!f so, please provide a
If this is a NOpe application, hos any portion of the DRI been
please provide a written explanation.
~ SOLD ond / or [2J DEVELOPED? If so,
If this is a NOPC application please provide 0 list of all previous actions on Ihe subiect site, beginning with the
original DRI/PUD approval and including all subsequent amendments. Include hearing number, hearing dotes and
a summary of the approved action.
i Sectio~ 10.03:05.B.3 of the Land Development Code requires an applicant to re~;~~ their public
I hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based
on the Board's final action on this item, please remove all public hearing advertising sign (s)
immediately
I '.:.;.~ _ U!
C:\Documents and Srttings\BGable\Local Senings\TemporaJ")! Internet Files\Contcnt.Outlook\9A TR6QFS\County DOA
Appiication Draft 10.10 (2).doc Created on t0/10'2007 2:14.00 PM
AFFIDAVIT
Agenda Item No, He
May 27, 2008
Page 150191
DOA-277-AR.12651 REV: 1
THE TOWN OF AVE MARIA
PROJECT: 1004070044
DATE: 11114/07 DUE: !l16/O8
Well, Douglas E. Baird, Vice President of Barron Collier Corportation, a Florida corporation, general
partner of Ave Maria Development, LLLP, a Florida limited liability limited portnership, on behalf of the
partnership, being first duly sworn, depose and say that well am/are the owners of the property
described herein and which is the subject matter of the proposed hearing; that all the answers to the
questions in this appiication, including the disclosure of interest information, all sketches, data, and other
supplementary matter attached to and made a port of this application, are honest and true to the best of
our knowledge and belief. Well understand that the information requested on this application must be
complete and accurate and that the content of this form, whether computer generated or County printed
shall not be altered. Public hearings will not be advertised until this application is deemed complete, and
all required information has been submitted.
As property owner We/I further authorize George L Varnadoe and the law firm of Cheffy, Passidomo,
Wilson & Johnson, LLP;~s our/my representative in any matters regarding this Petition.
~(J / !
/' tL^- )
5i_gRoture of f"^ropea~ner-.- Signature of Property Owner
Doualas E. Boird. Vice President of Barron Collier
~orooration. aeneraloartner of Ave Maria
Develoamenf. LlLP
Typed or Printed Name of Owner
Typed or Printed Nome of Owner
The foregoing instrument was acknowledged before me this /5""
day of /\It:Jt/Eml!l€L2-
200~ by l)()(J4U9S Eo Bq;A!30
who is personally known to me or hos produced
as identification.
State of Florida
County of Collier
~~~~ .
(Signature of Notar Public - State of ~Cv9
I :i':;?;~
ii~f~}
DIANE L VlGNEIIl
MY COMMISSION I DO 3314()G
EXPIRES: July 13, 2008
!>oocled TOOl Nolary Public llndlll'll'Tilen
l)/,,9A./e L. 0'0NC;e/
(Print, Type, or Stamp Commissioned
Name of Notary Public)
.---
I Page 4 of7
C:\Documents and Settings\BGable\Local Settings\Temporary Internet Files\Content.outlook\9ATR6QFS\County DOA
Application Draft 10-10 (2),doc Created on lOIlO/2007 2: 14.00 PM
Agenda Item No. 17C
May 27, 2008
Page 16 of 91
AFHDA VIT
DOA-2007-AR-12651 - THE TOWN OF AVE MARlA
Well, , as . of Barron Collier
Partnership, a Florida limited liability limited partnership, on behalf of the partnership, being
first duly sworn, depose and say that well amlare the owners of the property described herein and
which is the subject matter of the proposed hearing; that all the answers to the questions in this
application, including the disclosure of interest information, all sketches, data, and other
supplementary matter attached to and made a part of this application, are honest and true to the
best of our knowledge and belief. Well understand that the information requested on this
application must be complete and accurate and that the content of this form, whether computer
generated or County printed shall not be altered. Public hearings will not be advertised until this
application is deemed complete, and all required information has bcen submitted.
As property owner, Well further authorize George L. Varnadoe and the law firm of Cheffy.
Passidomo, \Vilson & Johnson, LLP, to act as our/my representative in any matters regarding
this P..c1)it;oii'/ ,~. / ~
n' /, /~!)"/ . /
-..,.,- ,-j/",'.1 ,/ '. _,.:,//
~.. //./ ../ ..., E' '"
' " ,?"' .., d' /. "::::.z-..:..-
Signature of Property Owner Signature of Property Owner
('/,UL J, MARINELU
--~--
Typed or Printed Name of Owner
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me thisc...:'.~ day of__ ........:_.__., 2008,
by I '.1,,' , !!'" c : "I __ who is personally known to me or has produced ..____
as identification,
State of Florida
County of Collier
(Signature of Notary Public - State of
CI\ROLVN A SHAW
-----------------.--.--,
;-~::_ -~:::1 r---\ \
c;; . i, I! \,\'
'.' :i
ij ;'
iI i;'
l~.
L..J
;1 .,
:~}) I
it \i
U U
Print, Type, or Stamp Commissioned
Name of Notary Public
'".'"',
I .<:':;'::;-;~'> CJ..~DLYN" ::'-1.1,W
i ~~'.~_ ',:) !,~y CO;~M!~SION.# DO ~678612
II ....~.;,~'--. ,-~,,;;'_~~ ....XPIR....S :;,eptemoer 2~. 2011
,I ....,~:,,~.:,: 8'JnJcc Tnf~!'<JiJ~'- P:t>~ l1nder"-111$11'
Ave Maria Development, LLLP, a Florida Limited Liability Limited Partnership - 12,5%
General Partner: Nua Baile, LLC, a Florida limited liability company
Maoagiog Members: Thomas S, Monaghan
Pall I R, Roney
Pall I R, Roney, President
Timothy G. Hains. Vice President
Members and Percentage Interest:
Thomas S, Monaghan Irrevocable Grantor Trust of2003 - 100%
Trustee(s): Thomas S. Monaghan, Senior and Trustee
Timothy G. Hains, Independent Trustee
Thomas S. Monaghan: Ave Maria University. Inc.;
Any charitable affiliate of, charitable supporting
organization of or charitable successor in interest
to Ave Maria University, Jne.
Limited Partner: Thomas S. Monaghan Irrevocable Grantor Trust of2003
Beneficiaries and Percentage Interest: see above
General Partner: Barron Collier Corporation, a Florida corporation
Officers: Barron Collier. Ill, Vice President and Director
Juiict C. Sproul, Vice President and Director
Lamar Gable, Vice President and Director
Paul J. Marinelli, President
Douglas E. Baird, Vice President and Director
Bradley A. Boaz, Secretary and Treasurer
Shareholders and Percentage Interest:
Juliet C. Sproul Testamentary Trust 25.0%)
(Juliet C. Sproul 100% income beneficiary)
Barron Collier III ~5.0oo
Lamar Gable 12.5~'o
Frances G. Villere 12.50/(,
Phillis G. Alden 12.50'0
Donna G. Keller J2.5%
Limited Partner: BCAM, LLLP. a Florida Limited Liability Limited Partnership
General Partner:
Barron Collier Corporation, a Florida corporation
(Principals and shareholders - see above)
Limited Partner:
Barron Coli ier Partnership, LLLP
(principals and shareholders - see below)
ATTACHMENT A [Updated 1-22-08]
Disclosure of Interest
Officers:
Beneficiaries:
Agenda IIem No. 17C
May 27,2008
Page 17 of 91
0.05%
49.95%
0,05%
" r
I- 0
49.95%
0.10%
99,90%
Barron Collier Partnership, a Florida Limited Liability Limited Partnership - 42,2%. Owned by:
General Partners:
Barron G, Collier III
Katherine G, Sproul, Juliet A, Sproul and Jennifer S. Sullivan,
as Trustc-es for Trust Under Will of Barron Collier, Jr.
Lamar Gable
Frances G. Villere
Phyllis G. Alden (fi'k:a Phyllis G, Doane)
Donna G. Keller
(---
Limited Partners:
Barron G. Collier III
Katherine G. Sproul. Juliet A, Sproul and Jennifer S, Sullivan,
as Trustees for Trust Under Will of Barron Collier, Jr.
Lamar Gable
Franc'.'s G. Villere
Phyllis G. Alden (Ilk!a Phyllis G. Doane)
Donna G, Keller
Page 1 of2
0.25%
0.25%
O.12YYo
O.1250'u
O.125~/O
O. ]1S<'~"o
24.75%
24.75%
J237Y'~
12.375~'o
12.375~/o
12.37.5%
.
oil:
Agenda Item No. 17C
May 27, 2008
Page 18 of 91
Barron Collier Investments, Ltd., a Florida Limited Partnership - 4.5% - Owned by:
General Partners:
Barron G, Collier IIJ
Katherine G. Sproul, Juliet A. Sproul and Jennifer S. Sullivan,
as Trustees for Trust Under Will of Barron Collier. Jr.
Lamar Gable
Frances G. Villere
Phyllis G, Alden (f/kJa Phyllis G. Doane)
Donna G, Keller
Limited Partners:
Barron G, Collier III
Katherine G, Sproul. Juliet A, Sproul and Jennifer S, Sullivan,
as Trustees for Trust Under Will of Barron Collier, Jr.
Lamar Gable
Frances G. Villere
Phyllis G. Alden (f!IJa Phyllis G. Doane)
Donna G, Keller
0.5%
0.50'0
0.25%
0.2SOo
O i<"ll/
._.J 0
O.:i50o
24.50%
24.50%
12.2500
12.25%
]2.25~'o
12.250'0
Thomas S. Monaghan, as Trustee for Thomas S, Monaghan Living Trust. dated December 29. 1975 - 1.5%
GrantorlTrustee: Thomas S. Monaghan
Beneficiaries: Marjorie Monaghan
The Ave Maria Foundation. a Michigan non-profit corporation
Sole Director: Thomas S. Monaghan
Ave Maria University, Inc.. 8 Florida Not for Profit Corporation - 3.80/0
Officers: Nichol", J, llealy, Jr., President
Paul R. Roney. Secretary and Treasurer
Christy A. Dorer. Assistant Secretary
Timothy G. HDins. .Assistant Secretary
Jack Sites. Vice President
Chris Briggs, Vice President
Trustees (Directors): Mrs.. Patricia Don3hue Dolan
Mr. John Donahue
Mr. Mark Forlt"
Mr. Rlchard Gabrys
Fatht:r Benedict Groeschel
Mr. Nicholas J. HeJly. Jr,
Mr. Paul M. Henkels
Monsignor Laurence Higg.ins
Mr. James A. Holman
1\.11'. ThomG.s l\lonnghan
Amb. 1\1ichael Ncn'ak
Father Mitch Pacwa
Mr. P2UJ R. Roney
Mrs. Glory Sullivan
Shareholders and Percentage Interest: none
____-.=---;;-:..:.-::=-::-:::l
, r;:;:="= f{=o. r,; iJ ~fI '.S " . \
!'\f\\!.s:; \~~;~', \\
;1\1:\-' :!\
\1__), \ :
t ~ '~l 0 \
1 q-"\ 1 '\
"I !, \ \
1'tJ \\\ ...J
\ .. j
AMULT, LLC, a Florida Limited Liability Limited Company - 35.5%
Managing and Sole Member: Ave Maria University Land Trust, Inc., a Florida not for profit corporation
Officers: George J. Forrest, III, President and Trca."iurer
h.evin Carmichael, Vice President
Timothy G, Hains, Secretary
Directors: George J. Forrest, 1II
Kevin Cannichael
Timothy G. Hains
Shareholders and Percentage Interest: none
Page 2 of2
EDWARD K. CHEFFY
BOARD CERTIFIED ClVIl TRIAL ATTORNEY
BOARD CERTIfiED BUSINESS UTIGATION ATTORNEY
JOHN M. PASSIDOMO
BOARD CERTIFIED REAL ESTATE ATTORNEY
GEORGE A, WILSON
BOARD CERTIFIED WilLS. TRUSTS & ESTATESATIORNEY
F. EDWARD JOHNSON
BOARD CERTIFIED WILLS, TRUSTS & ESTATES ATTORNEY
JOHN D. KEHOE
BOARD CERTIFIED CNll TRIAL ATTORNEY
LOUIS D. D'AGOSTINO
BOARD CERTIFIED APPELlATEPRACTlCE ATTORNEY
JEFF M. NOVATT
DAVID A. ZUUAN
KEVIN A. DENTl
JEFFREY S. HOFFMAN
Hej';F[) c['"n'IE_~' 'I.'HJ..s. TRUSTS & ESTATE$ATIOANE1'
CHEFFY PASSIDOMO
WILSON & JOHNSON
ATTORNEYS AT LAw, LLP
821 FIFTH AVENUE SOUTH, SUITE 201
NAPLES, FLORIDA 34102
TELEPHONE: (239) 261.9300
FAX: (239) 261-9782
EMAIL: CPWJ@napleslaw.com
Agenda Item No, He
DOA'2007-~J;7, 20itllv,2
THE TOwfftW;,\ll1 i\1(\'ftl..i.
I'ROJECf: 2004070044
DATE: IQ8mg DUE: V2hffi8
LOUIS W, CHEFFY
BOARD CERTIFIED REAL ESTATE ATTORNEY
LISA H BARNETT
BOARD CERTIFIED REAL ESTATE ATTORNEY
CLAY C. BROOKER
ANDREW H, REISS
WilliAM J. DEMPSEY
80ARD CERTIFIED REAL ESTATE ATTORNEY
MICHAEL W. PETTIT
CHRISTOPHER J, THORNTON
MICHAEL S. GROSS
JOHN C. CLOUGH
JASON O. LOWE
January 25, 2008
OF COUNSEL:
GEORGE L. VARNADOE
VIA HAND DELIVERY AND E-MAIL
Kay Deselem. AICP, Principal Planner
Collier County Zoning and Land Development Review
2800 N. Horseshoe Drive
Naples, FL 34104
RE: DOA-2007-AR-12651 - THE TOWN OF AVE MARIA
Dear Ms. Deselem:
The numbered responses bclow correspond with the numbered review comments in your letter
dated January 17, :2008 and the memorandum from Thomas Greenwood dated January 9, 2008, I
trust that these responses rcsolve all outstanding issues, and that the matter can be set for the earliest
available hearing dates,
j
ZONING & LAND DEVELOPMENT REVIEW-Kay Deselem
APPLICATION FOR PUBLIC HEARING
I. Please provide more detail OIl the entities listed in Attachment A, Disclosure ofInterest. Each
entity represented must be broken down into the names of individuals, For exanlple, what persons
are involved in AMUL T, LLC? That is only one example of the many entities listed, Please
provide more detail.
Response: Please see the revised Attachment A (2 copies enclosed).
2. Please provide documentation to indicate that Douglas Baird has been authorized by ALL
entities to initiate this action.
Response: The petition was submitted with an affidavit from the developer Ave Maria
Development, LLLP, which was executed by Mr. Baird as vice president of Barron Collier
Corporation, the general partner of the developer. Because the affordable housing units to satisfy
the requirements of the DO are to be constructed on a portion of the DRl lands owned by the
/'
Kay De,elem, AICP, Principal Planer
January 25, 2008
Page ~ nf3
Agenda Item No, 17C
May 27, 2008
Page 20 of 91
developer, the previously submitted affidavit is suiIicient. In an abundance of caution, I have
enclosed additional affidavits from Barron Collier Partnership, LLLP and Barron Collier
Investments, Ltd. (original and 2 copies enclosed).
PROPOSED DRl DEVELOPMENT ORDER LA;\GUAGE
This petition was to be limited to the AfTordahle Housing issue, to allow units to be offered for sale
to the next higher income bracket. However. the document submitted also proposes a change to the
phasing in response to the 3-year extension that was added by the State of Florida, This change is
ONL Y to address the housing issue, It does not seem appropriate to include that change within the
context of this proposed change, The three-year extension issue was NOT addressed as part of the
pre.app meeting held for this project. The county attorney's office is developing a separate process
that will tract the 3-year DR! extension issue, Please revise the dncument accordingly. If, on the
other hand, the county attorney's office detemlines that it is appropriate to combine these two
elements. then you need to revise the pmject build out as well.
Resoonse: As indicated in the transmittal letter that aecompanied the petition, the Florida
legislature amended Subsection 380.06(19)(c), Florida Statutes, by adopting Section 6 of Chapter
2007-204, Laws of Florida, automatically extending tile phase, buildout and expiration dates of all
ORIs that were under active construction as of July I, 2007, Because the subject DRl was under
active construction on the applicable date (as indicated in the Notiiication of Extension of a
Previously Approved Development of Regional Impact sllbmitt~d to Collier COllnty for this ORIon
September 12. 20(7) the phase, buildollt and termination ,iJtes br this DR! have been extended,
and no further application or review is necessary to effectuate the extensions. The proposed text
changes merely reneet the extensions that have already occurrcd, thereby avoiding the inclusion of
incorrect dates in the text of the DO. We have discussed tbis issue with Dan Trescott, Principal
Planner with the Soutbwest Florida Regional Planning Council, and with Lynette NOIT, Assistant
General Counsel with the DCA OHiee of General Counsel. and both bave confirmed that it is
appropriate to reflect the extended dates within tbe text of the De\'elopment Order at the next NOPC
or DO amendment, as proposed, The extension of the project buildout date is addressed in Section
I.C of the proposed resolution that was submitted with the petition.
J
COMPREHENSIVE PLANNING-Thomas Greenwood
A copy of the January 9, 2008 review letter was sent via e-mail on January 10, 2008.
I. Staff finds that these proposed amendments will not result in any changes to land uses,
densities or intensities, capacity or size of the DRI and, as such, are compatible with the approved
Development Order for this DRI and consistent with the Rural Land Stewardship Area Overlay of
the Future Land Use Element of the Growth !\lanagemcnt Pian and will not create any additional
regional ilnpact. Con1prehensive Planning staff defers to the Housing Hun1an Services Department
to analyze the appropriateness ofthc request to allow sale ofaffordahJe housing units.
Response: None required.
2. In reviewing Policy 4.] 8 of the RLSA Overlay of the FLUE of the GMP (below), lt IS
incumbent upon the applicant to show what fiscal impact the proposed 3-year extension in the
Kay Deselem, AICP, Principal Planer
January 25, 2008
Page 3 of3
Agenda Item No. He
May 27, 2008
Page 21 of 91
completion dates for Phases I and II will have upon Collier County, This analysis has not been
provided as part as part of the application, , . . To ascertain fiscal impacts of this proposed
amendment upon Collier County, a fiscal impact analysis must be made in accordance with Policy
4.18 of the RLSA Overlay. Thus, staff cannot determine consistency with Policy 4,18 until such an
analysis is provided,
Response: As stated above, the 3 year extension has been accomplished by the Florida legislature
by amendment to the DRI statute, and the proposed text changes merely reflect the accurate phase,
buildout. and expiration dates for the DO, and both the SWFRJ'C and DCA's Office of General
Counsel have confirmed that it is appropriate to reflect the extended dates within the text of the DO
at the next NOPC or DO amendment. In addition, the requirements of Policy 4.] 8 of the RLSA
Overlay in the GMP are specific to an application for SRA designation, and the pending application
is for a DRJ amendment and not for SRA designation. Based on the foregoing, an analysis of the
fiscal impact of the extension is not required.
Thank you for your attention and consideration. Please feel free to contact me if you have
any questions.
Very tru!>? yours,
CL 7L-
Christopher J. Thornton
GLV/mlb
Enclosures
cc: Blake Gable, Barron Collier Companies
David Genson, Barron Collier Companies
F"\wpdocs\UT\GL V\Ncw Town Development\Ave Maria\J''',l(JPC 2007\response to 1- J 7-2008 fe-view commcnts.doc
.--.
EDWARD K. CHEFFY
BOARD CERTIFIED CIVIL TAIAL,A,TIORNEY
BOl.\RD CERTIFIED BUSINESS UTlGATlON ATTORNEY
JOHN M, PASSIDOMO
BOARD CERTIFIED REAL ESTATE ATTORNEY
GEORGE A. WILSON
BOARD CERTIr'IED WILLS, TRUSTS & ESTATES ATTORNEY
F. EDWARD JOHNSON
BOARD CERTIAED WillS, mUSTS & ESTATES ATTORNEY
JOHN D. KEHOE
BOARD ::ERTI;:IED CNlL TRIAL ATTORNEY
LOUIS D. D'AGOSTINO
BOARD CERTIFIED APPELLATE PRACTICE ATTORNEY
JEFF M. t~OVATT
DAVID A. ZUUAN
KEVIN A, DENTI
JEFFREY S. HOFFMAN
B.')ARD CERTIFIED WILLS. TRUSTS & ESTATE$ATIORNEY
CHEFFY PASSIDOMO
WILSON & JOHNSON
ArrORNEYS IJ LAw, UJ>
821 FlFiH AVENUE SOUTH, SUITE 201
NAPLES, FLORIDA 34102
TELEPHONE: (239) 261-9300
FAX: (239) 26H;782
EMA1L CPWJ@naoleslaw.com
Agenda Item No. He
DOA-2007-AR-1265May 2R,E2{lOO
THE TOWN OF A V@~Af 91
PROJECT: 2004070044
(lATE: 12/14/07 DVE: ]/]6/08
LOUIS W. CHEFFY
BOARD CERTIFIED REAL ESTATE ATTORNEY
USA H. BARNETT
BOARD CERTIFIED REot.L ESTATE ATTORNEY
CLAY C. BROOKER
ANDREW H. REISS
WILLIAM J. DEMPSEY
BOARD CERTIFIED REAL ESTATE ATTOR.NEY
MICHAEL w. PETTIT
CHRISTOPHER J. THORNTON
MICHAEL S, GROSS
JOHN C. CLOUGH
JASON O. LOWE
November 28, 2007
OF COUNSEV
GEORGE L VARNADOE
Susan M, Istenes, Director
Collier County Zoning and Land Development Review
2800 N. Horseshoe Drive
Naples, FL 34] 04
RE: Town of Ave Maria DRI
Development Order Amendment - Affordable Housing
Dear Ms. Istenes:
On behalf of Ave Maria Development, LLLP, enclosed please find the original and 24
copies of the completed Application for Public Hearing for a proposed amendment to the DRl
Development Order for The TO\\11 of Ave Maria Development of Regional Impact, along with
the applicable fee of $13,623.00. The fee includes the application fee amount of $13,000.00, less
the pre-application meeting fee credit of $50000, plus $760.00 for CCPC legal advertising, and
$363,00 for BCC advertising, The pre-application meeting was held on October 30, 2007, and 24
copies oflhe pre-application meeting notes are enclosed.
The DRl Developmcnt Order for The Town of Ave J\laria was originally approved by the
Board of County Commissioners of Collier County by Resolution No. 05-235 (Development
Order No. 05-01) on June 14,2005. A scrivener's error in the legal description was corrected by
Resolution No, 05-377 on November 1,2005.
The proposed amendmenl to the DO relates to the Affordable Housing conditions, which
are found in Section I of the Conclusions of Law on Pages 3 through 6 of the DO, The proposed
amendment is intended to implement the changes that are authorized by Section
3 80.06( 19)( e)(2 I(k), f10rida Statutes. as amended by Section 8 of Chapter 2007-198, Laws of
Florida. As authorized by the statutory amendment, the proposed change creates a procedure
whereby an affordable housing unit that is constructed to satisfy the Low requirements of the DO
may be sold in the next-higher affordable housing income category provided that the developer
actively markets Ihe unit for a minimum period of six months, is unable 10 close a sale to a
qualified buyer in a lower income qualified income cIass, a certificate of occupancy is issued for
the unit, and the developer proposes to sell the unit to a person in the next higher income
category at a purchase price that is no greater than the purchase price at which the unit was
Susan M. lstenes. Director
November 28, 2007
Page 2
Agenda Item No. 17C
May 27, 2008
Page 23 of 91
originally marketed to a lower income qualified class. The proposed procedure is set forth in the
proposed resolution in Exhibit "A" attached hereto.
It should be noted that in accordance with sub-subsection 380.06(l9)(e)(2), Florida
Statutes, and particularly the paragraph immediately following sub-subsection
380.06(19)(e)(2)(l), Florida Statutes, the proposed change to the DO is not a substantial
deviation, and does not require the filing of a Notice Of Proposed Change with the Regional
Planning Council. Instead, the statute provides that the change requires an application to the local
government to amend the development order in accordance with the local government's
procedures for amendment of a development order. This Jetter and the enclosed application are
intended to comply with the local government procedure for an amendment to a DRl DO that is
not a substantial deviation or a notice of proposed change.
In accordance with Subsection 380.06(l9)(c), Florida Statutes, as amended by Section 6
of Chapter 2007-204, Laws of Florida, the applicant previously filed a Notification of Extension
of a Previously Approved Development of Regional Impact with Collier County on September
12,2007. All phase, buildout, and expiration dates for the project have been extended for three
years. The extended dates are documented in the proposed resolution attached as Exhibit "A"
hereto,
-
In response to the question in the Application for Public Hearing regarding the partners
and principals of the owner, disclosure of interest information is provided in Attachment "A".
In response to the question in the Application for Public Hearing regarding portions of
the project that have been sold and/or developed, the DPJ is proceeding according to the
schedule as presented in the ADA, and a nwnber of plats and site development plans have been
approved or are under review for portions of the project. In addition, portions of the project have
been conveyed to builders, and individual lots have been conveyed to the ultimate residents of
the community,
Thank you for your attention and consideration, Please feel free to contact me if you have
any questions.
GLV/mlb
Enclosures
cc: Dan Trescott, Director, Southwest Florida Regional Planning Council
Bureau of Local Planning, Florida Department of Community Affairs
Blake Gable, Barron Collier Companies
David Genson, Barron Collier Companies
r--.
Agenda Item No. 17C
May 27, 2008
Page 24 of 91
COlliER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW (i)'
WWW.COLlIERGOV.NET ~'
~
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
DEVELOPMENT OF REGIONAL IMP ACT
PRE-APPLICATION MEETING NOTES
o Application for Development Approval
(DRI) ~ OTl-lER.
o Notice of Proposed Change (NOPC)
DR! Amendment (DOA)
Date: 10/30/0?- Time: I: 1";-
PROJFCT NAME( A-vS: rv\.A.R.1 A..
Applicont Name:
Owner Name:
Owner Address:
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Firm:
Phone:
Phone:
City:
State:
ZIP:
If an amendment, State Development Order Number:
ORI name Ave;; f'l\A-i<.IA. local Resolution Number:
Assigned Planner
Meeting Allendees: (aUach Sign In Sheet)
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Agenda Item No. HC
May 27, 2008
Page 25 of 91
DEVELOPMENT OF REGIONAL IMP ACT
DRI, DOA
SUllMITT AL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMlmD WITH APPLICATION PACKET IN THE EXACT ORDER LISTED llELOW W/COVER
SKEETS ATTACHED TO EACH SECTION,
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
IAdditional sellf located in the BayshoreJGoteway Triangle
lR.edevelo men' Area
L Completed Collier County Pubik: Heorln~ Ap~o1ion
I Pre.,:,p licotlon meeling notes
Site plan 24" x 36" and One 8 '12"' x lill copy, and one ipg copy (from DRI
Devalo ent Order
fCompleted Slale NOpe Form with all attachments (If amendment)
'Completed Slote A.DA Form wiln all attachments (if original DR'I)
':ompleted State Abandonment Form with all aflachmenH (if abandonment}
legal Description
list identifying Owner & all parties of corporation
Owner! Ag:enl Affidavit sIgned & sealed
Completed Addressing checklist
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i Copies of Notkes sent to DCA and RPC
/!^EnVlronmentOJ Impact Statement (EIS) and dlgl1oJ/electronic copy of EIS or
exemption JustificClflon
Survey signed & sealed
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Agenda Item No, He
May 27, 2008
Page 28 of 91
DeselemKay
Subject:
Location:
Pre-App SRA; Christopher Thornton, agent; Kay Deselem, planner
Conference Room C
Start:
End:
Tue 10/30/2007 1:15 PM
Tue 10/30/20072:15 PM
Recurrence:
(none)
Meeting Status:
Required Attendees:
Accepted
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.::D5-':; [lesi::lemL2Y, ':::j:.1:Jfn\Dn@.~,a~,js~.'5\"" ;:c:r/" aeru"!::Mlc:lael,
Sav.y2rt.....dcr,ael; slud'2nl_m; PlotrO\'I'jczCiau.::La; rl2.SDj';_S, Garret~8arbara:
leTlbercer s: DarcoChnst::.:;her: weeks ::1; ch;:3n0V.'s~:i S' /.:..,bierKenneth:
,~uclairCI3-:Jdlne: beard_J: i3uci1[iej1D2V~J, CalilsCr21~L Casa'a'lg:.;!jal~:.::k;
Delt::'mZarr.ira; j3!TeH_p: i;i1:/~al!Sruc.e; iTu.:er _r: Po::JG::e~,'Ir;s~'~'Jchn;
TindalL;;; v.'II.:;!y_r
Meeting Request Number: 3049
Meeting Type: preapplication
Requested By: Christopher J. Tnornton on 12-0ct-07
Phone: 261-9300 eMail: cjthornton@napleslaw.com
Representing: Ave Maria Development, LLLP
Folio: 22671001788 Zoning Town of Ave Maria DRl/SRA SPD/SIP
Subject Type: Other
Location: Town of Ave Maria
Description: Ave Maria Development, LLLP, proposes an amendment to Ordinance 05-235 (DO
05-01), as amended, which approved the Town of Ave Maria DRl, The proposed amendment
relates In the Atfordable Housing ronditiol1s of the DO, and is intended to implement the
changes as authorized by sub-subsection 380.06(l9)(e)(2)(k), Florida Statutes, as amended by
Section 8 of Chapter 2007-198, Laws of Florida. In accordance with the statutory amendment,
the proposed amendment to the DO creates a procedure whereby an affordable housing unit that
is constructed to salisfy the Low or Very Low requirements ofll:le DO may be sold in the next.
higher affordable housing income category provided that the developer actively markets the unit
for a minimum period of six months, is unable to ciose a sale to a qualified buyer in a lower
income qualified income class, a certificate of occupancy is issued for the unit, and the developer
proposes to sell the unit to a person in the next higher income category at a purchase price that is
no greater than the purchase price at which the unit was criginally rr,arketed to a lower income
qualified class. Tn accordmce with tbe paragraph imr71ediately folloyving su~subsection
380.06(1 9)(e)(2)(I), Florida Statutes, the propose.d amendment ;s not a substantial deviation, and
does not require the filIng of a notice of proposed change with h'1e Regional Planning Council,
and instead should be processed in nccordance with the local government procedure fDr
amendment of a development order.
-
EDWARD K. CHEFfY
BOARD CE;RTIF1ED CIVIL TRIALATTOflNE.Y
BOARD CERTIFIED !:lUSINESS LITIGATION AlTORNEY
JOHN M. PASSIDDMD
SOARD CERTIFIED REAL ESTATE ATTORNEY
GEORGE A. WILSON
BOAHDCr::RTIFIEDWILLS, TRUSTS & ESTATES ATTORNEY
F. EDWARD JOHNSON
BOARD CERIIFlEDWllLS, TRUSTS & ESTATES ATTORNEY
JOHN D. KEHOE
ROARD CERTIFIED CIVIL fR1Al ATTORNEY
LOUIS D. D'AGOSTINO
BOARD CERTIFIED APPELLATE PRACTICE ATTORNEY
JEFF M. NOVATT
DAVID A. ZULlAN
KEVIN A. DENTl
JEFFREY S. HOFFMAN
BOARD CE=RTIFIEDWILLS. TRUSTS & ESTArES ATTORNEY
Agenda Item No. 17C
May 27, 2008
Page 29 of 91
CHEFFY PASSIDOMO
WILSON & JOHNSON
ATTORNEYS .t\I lAW) LLP
821 FIFTH AVENUE SOUTH, SUITE 201
NAPLES, FLORIDA 34102
TELEPHONE, (239) 261.9300
FAX; (239) 261-9782
EMA1L: CPWJ@napleslaw.com
LOUIS W. CHEFFY
BOARD CERTIFIED REAL ESlATE ATTORNEY
LISA H. BARNETT
BOARD CERTIFIED REAL ESTATE ATTORNEY
CLAY C. BROOKER
"NDREW H. REISS
WILLIAM J. DEMPSEY
BOARD CERTIFIED REA.L ESTATE ATTORNEY
MlCHAEL W. PETTIT
CHRISTOPHER J. THORNTON
MICH"EL S. GROSS
JOHN C. CLOUGH
J"SON O. LOWE
OF COUNSEL:
GEORGE L VARNADOE
April 22, 2008
Marjorie Student-Stirling
Assistant County Attorney
2800 North Horseshoe Drive
Naples, FL 34104
RE: Ave Maria DRI DOA-2007-AR-12651
---
Dear Marjorie:
In accordance with our conversation yesterday afternoon, on behalf of the petitioner we have
elected to withdraw the portion of the petition related to the 3-year extension, leaving only the
affordable housing change to go forward to the BCC on May 27. I have provided a revised resolution
for your review and consideration removing the portions related the three-year extension, and leaving
the portions related to the affordable housing change.
As we discussed on the phone, the petitioner does intend to meet with Nick Casalinguida this
week to discuss the DCA and Interlocal Agreement in accordance with the condition in the CCPC's
recommendation. However, it would seem that the withdrawal of the extension issues would obviate
the need for a report from transportation to the BCC on the DCA and Interlocal Agreement.
It is our understanding that the county attorney's office and staff is currentiy investigating the
proper mechanism for documenting the 3-year extension for those ORis that qualify, and that the Ave
Maria extension will be documented along with the rest of the ORis in accordance with that
mechanism,
Thank you for your attention and consideration. Please feel free to contact me if you have any
questions.
-.
Very truiy yours,
~1L-
Christopher J. Thornton
For the Firm
CJTlmlb
cc: Kay Deselem, AICP
Blake Gable
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Agenda Item No. 17G
May 27, 2008
Page 31 of 91
RESOLUTION NO. 05- 235
DEVELOPMENT ORDER NO. 05. 01
, -
A DEVELOPMENT ORDER OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA FOR THE
TOWN OF AVE MARIA, A DEVELOPMENT OF REGIONAL
IMPACT LOCATED IN. SECTIONS 4 THROUGH 9 AND
_______________ SECIION.S_16_IHROUGH_18,_ mWllISHIP-.48 SOUTH,RANGE------- ---- .
29 EAST AND PART OF SECTIONS 31 THROUGH 33,
TOWNSHIP 47 SOUTH, RANGE 29 EAST,COLLlER COUNTY,
FLORIDA.
WHEREAS, on July 23, 2004, Ave Maria Development, LLLP (herein "Developer'), by
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and through its-atltAe~d-agent, Georg" L. Valllddu.., ill accordance With ::;uosectlon
380,06(6), Florida Statutes (2002), filed an Application for Development Approval of a
Development of Regional Impact (DRI) known as the Town of Ave Maria (herein Ave Maria) with
Collier County and the Southwest Florida Regional Planning Council (SWFRPC); and
WHEREAS, the Developer has obtained all necessary approvals from Collier County
agencies, departments, and boards required as a condition of approval for a Stewardship
Receiving Area (SRA) and DRI approvals; and
WHEREAS, the Board of County Commissioners as the governing body of the
unincorporated area of Collier County having jurisdiction pursuant to Section 380,06, Florida
Statutes, is authorized and empowered to consider the Application for Development Approval
(ADA) for the Town of Ave Maria DRI; and
WHEREAS, the public notice requirements of Chapter 380, Florida Statutes and the
Collier County Land Development Code (LDC), which includes the County's Zoning Ordinance
have been satisfied; and
WHEREAS, the Collier County Planning Commission has reviewed and considered the
report and recommendations of the SWFRPC and held a public hearing to consider the ADA on
June 2, 2005; and
)
Page 1 of 29
Agenda Item No. 17C
May 27, 2008
Page 32 of 91
WHEREAS, the issuance of a development order pursuant to Chapter 380.06, Florida
Statutes, does not constitute a waivE,lr of any powers or rights regarding the issuance of other
development permits consistent herewith by the County or State; and
WHEREAS, on June 14, 2005, the Board of County Commissioners, at an open public
....__bearingJnaccordance_wjtbSection.380.06,.EloridaStatutes,having considered the-ADA fOF the.. .
Town of Ave Maria DRI submitted by Developer; the report and recommendations of the
SWFRPC, the record of the documentary and oral evidence presented to the Collier County
Plannino Commission' the '''pnrt ,mrl ".rornmerdation~ of the CQIli6lr County Planning
Commission; the recommendations of Collier County staff and advisory boards; and the record
made at said hearing, makes the following Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
1. The real property constituting the Town of Ave Maria DRI and which is the
subject of the ADA, consists of approximately 5,027 acres, and is legally described as set forth
in Exhibit "A" attached hereto.
2, The application is consistent with Subsection 380,06(6), Florida Statutes,
3. The Developer submitted to the County an Application for Development Approval
("ADA") and sufficiency responses, hereby referred to as composite Exhibit "B", which by
reference thereto is made a part hereof to the extent that it is not inconsistent with the terms and
conditions of this deveiopment order approving the ADA.
4. The Developer proposes development of the Town of Ave Maria Development of
Regional Impact, as shown on the Master Concept Plan attached hereto as Exhibit "C", which
shall include the following:
A. 11,000 residential dwelling units,
B, 690,000 gross square feet of retail/service,
C, 510,000 square feet of office,
D, 400 hotel rooms,
Page 2 of 29
Agenda Item No. 17C'
May 27, 2008
Page 33 of 91
E. 6,000 student university with ancillary uses,
~
F. In addition to (he DRI threshold uses described above, the Town may
include up to 450 units of assisted living facilities, 148,500 square feet of civic, ccmmunity and
miscellaneous facilities, 35,000 square feet of medical facilities, public and private schools,
.....___churches_and_other.. places- of-worship,. uses. such- as- golf-coursesrlakes, open. space,. and.. .. .
community support facilities, and those uses customarily associated with a university such as
student and administration housing, recreation and sports areas, and support facilities.
fi Tho> rlp"pl0pmpnt is ('on~ist~rt "dth the report and re('oml:l1Iilndations of the
SWFRPC submitted pursuant to Subsection 380.06(12), Florida Statutes,
6, A comprehensive review of the regional and local impact generated by the
development has been conducted by the appropriate County departments and agencies and by
the SWFRPC.
7, The development is not in an area designated an Area of Critical State Concern
.~
pursuant 0 the provisions of Section 380,05, Florida Statutes, as amended.
8, The development is consistent with the current land development regulations and
the Growth Management Plan (GMP) of Collier County, as amended, adopted pursuant to
Chapter 163, Part II, Florida Statutes.
9, The Town of Ave Maria DRI is consistent with the State Comprehensive Plan.
CONCLUSIONS OF LAW
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. AFFORDABLE HOUSING
A, The appiicant shall construct within the boundaries of the project affordable
housing units in the price ranges as defined in Collier County Comprehensive
Plan, as follows: a minimum of
---
.
Page 3 of 29
Agenda Item No. 17C
May 27, 2008
Page 34 of 91
(I) 1,000 Moderate Income, owner-occupied housing units, that is for
households w~ose total gross income is greater than 80%, but does not
exceed 120% of the HUD median family income limit for Naples, Florida
MSA;
..... (Ii). .....700 Low Income housing units (50% to be owner-occupied);. that. is for
households whose total gross income is greater than 50%, but does not
exceed 80% of the HUD median family income limit for Naples, Florida
~1SA: and
(iii) 200 Very Low Income housing units, that is for households whose total
gross income is less than 50% of the HUD median family income limit for
Naples, Florida MSA.
B, In addition to the above on-site affordable housing development requirements,
the applicant shall provide a 28~acre parcel of developable land to Habitat 'for
Humanity, who has advised that this parcel is suitable for the development of up
to 150 dwelling units of very iow income housing.
C. The construction of affordable housing' units shall be phased at least
proportionally with the non-residential development so as to be available as the
project builds out and jobs are created.
D. Very Low and Low Income rental units,
The 200 Very Low income rental units and any rental units constructed and
offered to meet the commitment for low income household for affordable housing
shall be maintained at rental rates that meet the requirements of Rule 9J-2,048,
Florida Administrative Code, for these income categories for the duration of the
Development Order (15 years).
E. Low Income owner-occupied housing,
Page 4 of 29
~
Agenda Item No. HC'
May 27, 2008
Page 35 of 91
All units offered for sale in this category shall be subject to a deed restriction that
if the buyer sells the ul!it within five (5) years from the date of purchase, the sales
price shall be limited to the initial sales price pius a 5% per year increase, the
buyer's closing costs and verifiable cost of any improvements. There will be a
_nn... Iienrecorded-in the.officiaUecord of Collier County on the-property in favor- of.
Collier County or the Collier County Housing Development Corporation for any
amounts in excess of the above. Those_entities agree and commit to enforce
"..irlli",n ..nd to 'Isa the..proclileds to maintain the 3ffuroability of suoh units,
-- --~------~---~-------------~_._"---_._-----------'--_.---.,.-,.------
F, Moderate Housing
All units in this category shall be initially offered at prices that meet the
requirements of Rule 9J-2,Q48, Florida Administrative Code for moderate income
housing at the time any such unit is offered for sale. All such units shall be
subject to one of the following;
~
(i)
the unit will be subject to a restriction in the deed that limits the sales
price on said unit for a period of two (2) years to an amount equal to the
original purchase price plus buyer's closing costs, and the verifiable cost
of any improvements, plus an increase of 5% per year. Any profit in
excess of the above purchase price shall be payable to Collier County or
the Collier County Housing Development Corporation, Such deed
restriction shall run in favor of the County or the Coilier County Housing
Development Corporation. Those entities agree to enforce this restriction
and to prioritize the utilization of any funds derived therefrom to assist
affordable housing buyers to purchase units in the Town of Ave Maria; or
(iI) a buy-back provision included in the deed which shall provide that for a
period of two years, the Seller shall repurchase the unit if offered for sale
.~
by the initial buyer at a price that would not qualify under Rule 9J-2,Q48,
Page 5 of 29
Agenda Item No. 17C
May 27, 2008
Page 36 of 91
FAC, as moderate income housing. Said_buy-back provision shall be at
an amount tha! equals the original purchase price. buyers closing costs
and any buyer improvements, plus a 5% per year increase in the original
purchase price, After any such repurchase, Seller agrees to place the
..-............. uniLon.. the.. market.. at.. the-repurchase- amount, plus- its.. reasonably
expected costs of resale,
2, ENERGY
A
..~..n~.~.~.~~~-=~pIl'1~nt_()r~..~~~_~~..~~~_~~~~~Clvi~j",.~.
that the applicant's commitments for energy conservation are adopted where
appropriate for this project.
3, STORMWATER MANAGEMENT
A. The Camp Keais f10wway has been recommended for enhancement due to
exotic vegetation. The applicant's recommended enhancements shall he
addressed to ensure adequate outfall from the proposed project,
B, Detailed design plans, caiculaticms (including appropriate flood routings); and
supporting documentation that resolve these issues must be submitted at the
time of application for an ERP.
C, Special BMPs shall be required for both the construction phase of the project and
iong..term operation of the surface water management system, The required
water quality treatment will meet the pennitting requirements of SFWMD and
EPA.
D, The project requires a modification to Environmental Resource Pennit No. 11-
02336-P for conceptual approval of the DRI project site, for construction and
operation of the surface water management system for the remaining phases of
the proposed development, and for the proposed impacts to wetlands and other
surface waters,
Page 6 of 29
~
Agenda Item No. 17C'
May 27, 2008
Page 37 of 91
E. The project requires a Water Use Permit for certain dewatering activities
proposed for the con~truction of project lakes, utilities, and/or road or building
foundations for the remaining phases of the proposed development.
F, All intemal stormwater management lakes and ditches, and anyon-site
._____...____.__ preserved/enhanced_wetland. areas,.. shaILbe..set . aside. as. recorded. private-
drainage and/or conservation easements. Stormwater lakes shall include, where
practical, adequate maintenance easements around the lakes, with access to a
paved rn"dw"y
.,._ __._, _.~__".___.___._.._..___._.___,.._,.,~..~_._._._. -0"""'."
.-----------..-.-.-------------..------.----.---..--...---------.'''.---...-,.-...-....
G. During construction activities, the applicant shall employ Best Management
Practices for erosion and sedimentation control. These practices shall be
included with, or presented on, all construction plans, and shall be subject to
approval by the appropriate agencies prior to their implementation.
H. Any construction period silt barriers or hay bales, and any anchor soil, as well as
accumulated silt, shall be removed upon completion of construction. Either the
applicant or the entities responsibie for the specific construction activities
requiring these measures shall assume responsibility for having them removed
upon completion of construction.
I. The final stormwater management plan shall consider, as applicable, measures
to reduce runoff rates and volumes, inciuding, but not limited to, fixed control
structures, perforated pipes, and grass swale conveyances.
J, Any shoreline banks created along the on-site stormwater management system
shall include littoral zones constructed on slopes consistent with SFWMD and
Collier County requirements and shall be planted in native emergent or
submergent aquatic vegetation. The applicant shall ensure, by supplemental
replanting as necessary, that at least 80% cover by native aquatic vegetation is
established within the littoral zone for the duration of the project,
,-..
Page 7 of 29
Agenda Item No. 17C
May 27, 2008
Page 38 of 91
K. The applicant shall conduct annual inspections in accordance with the conditions
of the approved S~MD ERP, of the Town of Ave Maria Master Stormwater
Management System and any preserved/enhanced wetland areas on the project
site so as to ensure that these areas are maintained in keeping with the final
.m .-.--..-.--........ appro'led... designs,_ and_that the.. wateLmanagemenLsystem.is.. capable of
accomplishing the level of stormwater storage and treatment for which it was
intended.
L. The applicanf sh"n C".nnfirm, In thE;' ."ti~f"C"tinn of all appiicable federal,state,
local review agencies, and the South Florida Water Management District, that the
proposed stormwater management system will not impact habitats of any state or
federally listed plant and/or animal species potentially occurring on site or that
such impacts shall be mitigated to the benefit of regional or RLSA-wide
populations of those species.
M. The applicant, its successors or assigns, shall undertake a regularly scheduled
vacuum sweeping of all common streets and parking areas within the
development. The applicant shall encourage any private parcel owners within
the development to institute regularly scheduled vacuum sweeping of their
respective streets and/or parking areas,
N, Design considerations will be given to ditch and swale slopes, where practical, in
an effort to minimize discharges so that these facilities may provide some
additional water quality treatment prior to discharge. Treatment swales shall be
planted with grass or other vegetation as reviewed and approved during the ERP
approval process.
0, The grassed stormwater treatment areas shall be mowed on a regular basis as
part of the normal lawn maintenance of the development. Any debris that may
accumulate in project lakes, ditches or swales, or which may interfere with the
Page 8 of 29
Agenda Item No. 17C'
May 27, 2008
Page 39 of 91
normal flow of water through discharge structures and under drain systems, shall
,-
be cleaned from the detention/retention areas on a regular basis, Any erosion to
banks shall be replaced immediately,
p,
Under drain systems and grease baffles, if utilized within the Town of Ave Maria
DRlrshall beinspectedandcieaned~ and/or-repaired- ona. regular basis; In no
instance shall the period between such inspections exceed eighteen months.
Q, Stormwater Management System maintenance requirements within the Town of
_.._..._.~~":~~~ii.':~il~_~h~II.~.CI~d(!..~()~():~~~.()!_.Q~.~~~~tIe~~..!~uisal!~"...pJ:"lt.
species from all system nodes, reaches, and percolation basins, as well as from
the lake littoral zones empioyed in the system.
R. To the extent consistent with applicable stormwater management system and
environmental regulations, any isolated wading bird "pools' constructed in lake
littoral zones shall be excavated to a depth which provides aquatic habitat 'for
mosquito larvae predators, such as Gambusia afflnis.
S. Best Management Practices will be utilized to mitigate potential adverse impacts
upon surface water and shallow groundwater at and adjacent to the site in
accordance with the Ave Maria stormwater management BMP's approved by
SFWMD.
T, The surface water management system will be designed to limit the discharge
from the developed system to the offsite areas per Collier County Ordinances in
effect at the time of permitting,
U, The applicant proposes to enhance/restore portions or the large contiguous
wetland systems just outside the western property boundary, The hydroperiods
of these systems are relatively robust and are ultimately controlled by the
regional hydrology of the Camp Keais Strand, and thus more or less dependent
upon natural hydrologic factors,
Page 9 of 29
v.
Agenda Item No. l7C
May 27, 2008
Page 40 of 91
The proposed development will occur in agricultural areas that are outside of the
100 Year-3 Day floodplain and will not result in the removal of storage volume
from the 100 year floodplain.
W, The littoral planting species selection and the elevation strata will be reviewed by
.n Col/ieL County_ as. a part of. the- Lake. Excavation- Permit- submittal- and the.
survivability of the plantings will be insured through bonds provided to Collier
County until the county defined success criteria for the survivability of the littoral
plantiogs is "'''''''nmrli~h"rl
X. The stormwater management system will be maintained by the Ave Maria
Stewardship Community District (herein AMSCD) and/or master homeowners'
associations. AMSCD will maintain the backbone and common area stormwater
management facilities.
y, All commitments made by the applicant within the ADA, and subsequent
sufficiency round information, related to Question 10 (General Project
Description) and Question 19 (Stormwater Management), and not in conflict with
the above recommendations, shall be incorporated in the Coliier County
Development Order as conditions for approval.
4, TRANSPORTATION
A, The applicant or his successor or assigns, shall be fully responsible for site-
related roadway and intersection Improvements required within the Town of Ave
Maria DRI, including project access points on Oil Well Road (CR 858) and Camp
Keais Road as well as secondary access connections to camp Keais Road,
B, The Application for Development Approval Transportation Analysis (Question 21)
indicates that the Town of Ave Maria will significantly impact the following
regional roadways that may operate below adopted level of service standards at
some time during buiidout of the project.
Page 10 of 29
Agenda Item No. 17C'
May 27, 2008
Page 41 of 91
- ROADWAY LIMITS, IMPROVEMENT
Collier Golden Gate Blvd. to Pine Ridge Rd. \
40 to 60 ,
Blvd,
1-75 Immokalee Rd, to Bonita Beach Rd. 4F to 6F
Immokalee Oil Well Rd, to Everglades Blvd. 2 to 40
Road
Immokalee _ Everglades Blvd. to Camp Keais.RcL 2.ta.40._.
---. -_..-..--_.------ -Road --- ,..~- '-'-'"-""- .-......----- . .._--,-'.
Immokalee Camp Keais Rd. to SR 29 2 to 40
Road
Main St. CR 29A South to 29/846 Split 40 to 60
(SR29\
N. 15th St. "~;n..St. to Immoka'^- n_ -, .~
.." __....... _.n._._'""__ -- --,."..... ' n.... .__.". ____ ---.." ..__u__ m -- ..-- - __..____....____,_u.__..._....". ,-......"...---
N. 15th St. Immokalee Or, to Lake Trafford Rd. 2t040
(SR29\
N. 15th St. --:-
(SR29\ Lake Trafford Rd, to SR 29 A North 2t040
N. 15th St. 29A North to SR 82 2t04D
(SR29\
SR29 CR 846 to Oil Well Rd. 2t04D
SR29 Oil Well Rd, to 1-75 2t04D
. SR 82 (5) SR 29 to Hendry County Line 2t040
C. The Application for Development Approval Transportation Analysis (Question 21)
indicates that the Town of Ave Maria will significantly impact the following regional
intersections that may operate below adopted level of service standards at some
time durin9 build out of the project.
-
Page 11 of 29
Agenda Item No. 17C
May 27. 2008
Page 42 of 91
PROGRAMMED ESTIMATED
INTERSECTION IMPROVEMENT ADDITIONAL
: IMPROVEMENT
Immokalee Rd. at 1-75
SB On/Off Ramo None Change One EBl into an
Immokalee Rd, at 1-75 EBT
NB On/Off Ramo
.. .-.._-~.~.~----_. -"-_.. Immokalee--- Rd~ at- +1 EBT+TwST- - ___.n . ----...--. - -_.~ H__. '" --....--.. ._...,n_.___._
Oakes Blvd, + 1EBl + 1WBl
Immokalee Rd, at +2EBT +2WBT +WBR + 1 NBR + re-stripe NBl to
Wilson Blvd, UThru
Immokalee Rd, at None Signalize + 1 NBT + 1 SBT
Camo Keais Rd, + 1 SBl
.. . . S[f~~~R'29'(~~a~~ None--. - ,--"'."-0-._"'.--".'--"-" ----- .. _..- -----..._..-- n' _,_". - ..._._~._,..
.. .--.,...-,.,--.- + 1EBL + 1WBL
st.i
Fifteenth St. (SR 29) None + 1NBT+ 1SBT+ 1WBR
at Lake Trafford Rd,
Oil Well Rd. at None Signalize
Everalades Blvd,
Oil Well Rd, at Ave None Signalize + 1 EBL
Maria Entrance
Oil Well Rd. at Camp None Signalize
Keais Rd,
Oil Well Rd, at SR 29 None Signalize + 1NBL + 1NBT
+ 1SBL +1SBT + 1EBL
Camp Keais Rd, at None Signalize + 1 NBL
Ave Maria Entrance
Collier Blvd, at Pine None + EBT + 1NBL + 1NBT +
Ridae Rd, 1SBT
D, The Developer shall provide its proportionate share of the costs of necessary
roadway and intersection improvements in Paragraph 4.B. and 4,C. including, but
not limited to, right-of-way, costs of signalization, tum lanes, and other
improvements deemed necessary by Collier County to maintain the adopted level
of service, through the payment of legally adopted road impact fees.
Improvements to the facilities outlined in Paragraph 4,B, and.4.C, above will be
necessary at the time that a road segment or intersection is expected to operate
below the level of service standard (LOS) adopted in the, Collier County Growth
Management Plan (GMP), or shall be programmed for construction within three
Page'12 of 29
.~
Agenda Item No. 17C'
May 27, 2008
Page 43 of 91
years of that time. If the road segment or intersection is not operating at the
County's adopted LO~ standard and the Town of Ave Maria is contributing five "
percent (5%) or more of the P.M. peak hour directional service volume at that
LOS standard, then except as otherwise provided for in paragraph E, below, no
__ additional. building. permits.shal~ be- issued- unless. the- improvements- are: a}..,
complete, b) under construction, c) the subject of a clearly identified, executed
and recorded local govemment development agreement consistent with See,
10:1 :1??n thrnllgh 1033423, F S incQrpo~ated-iJ:Ito-tI:8 D,O, eflStlring cOffifl!et-ien
-~-,----~~,~---,,---'--------"---"-'---"--'-'"-'----~---_.---,.,-. '
concurrent with impacts; d) the subject of a binding commitment from Collier
County ensuring completion concurrent with impacts incorporated into the 0,0,;
e) the subject of a binding commitment by the County in the current three years
of the Schedule of Capital Improvements of the Capital Improvement Element
(CIE); or f) the SUbject of a binding and enforceable commitment by the
~
developer or his successor or assigns, to provide the improvement concurrent
with impacts, Any combination of the above, which ensures that the
improvement is also acceptable, provided the SWFRPC, Collier County, and
DCA agree that the combination meets the intent of the transportation uniform
standards rule.
E. In order to make adequate provision for the mitigation of the project's impacts on
the transportation facilities, the alternative innovative mitigation strategy
identified herein is based upon the applicable standards and proportionate share
criteria set forth in 9J-2,Q45, F AC, and is intended to comply with the intent and
purpose of Chapter 380, Florida Statutes, In developing this public-private
mitigation strategy, consideration has been given to the project's overall
potential to enhance educational opportunities, to promote economic
development in the region, to further other local and state planning goals dealing
)
.-
Page 13 of 29
Agenda Item No. 17e
May 27, 2008
Page 44 of 91
with rural land stewardship concepts, to the use of innovative solutions that
provide equal or be~er protection, and to the appropriate use of essential
transportation planning and programming solutions that further the capital
improvement process. As an alternative to the requirement of Paragraph D,
u_... .--...------- abolle,. the.developer, or. its successor-o~ assigns, will. pay a proportionate share..
contribution, calculated consistent with the formula in Paragraph 9J-2,045(1 )(h),
FAC" to Collier County for the improvement(s), Collier County and Developer
..._~~-e.d!~t.~ _~ [)~~~<::Cl~lri~ut~n,a.~~~~.I1.t_CJI~..e-t'I_f!:1_~!..gCl!'.!5.L!I_1::Oj)Yof _ _
which is attached as Exhibit "D", that provides for the payment of Developer's
proportionate share, A portion of the proportionate share payment shall be
applied to the construction of Oil Well Road from Immokalee Road to Camp
Keals Road, after which the remaining proportionate share shall be applied only
to improvements to one or more of the significantly impacted roadways' or
intersections. Collier County has deemed the multi-Ianing of Oil Well Road and
commitments to assist with improvements to the other road segments specified
in the Developer Contribution Agreement to be a reasonable altemative which, if
constructed, will reduce traffic volumes on one or more of the listed segments.
A portion of, or all of, the applicant's, or its successor's or assigns, proportionate
share contribution is being provided through the Developer's, or its successor's
or assignee's, payment of Collier County road impact fees, through the donation,
without credit for road impact fees of the following: (1) road right-of-way (valued
at $7,800,000), (2) stormwater management right-of-way (valued at $1,950,000),
and (3) fill material at cost savings (valued at $11,000,000), for future
improvements to Oil Well Road, portions of Immokalee Road and Camp Keais
Road, and through any other contributions included in the Developer
Contribution Agreement, including, but not limited to, the advanced payment of
Page 14 of 29
~,
Agenda Item No. 17e'
May 27, 2008
Page 45 of 91
road impact fees and design/engineering services and permitting services fees
(estimated to be $6.qOO,OOO). No additional building permits shall be issued
uniess the County receives proportionate share payment and there is a
commitment to use the contribution for the construction of a needed
.. .___....__._.__._. transportation_improvements,.. Any- delay-in. payment- OF- change. of- the-
proportionate share payment shall require a reanalysis of the payment amount in
a Notice of Proposed Change.
F In nrrlp.r In "'rso'lre a continuous payFAont st~':9~.~_!~_e J~~~ort-'-o~~!".
.__ ___.._..._...____._.___.__~_.___~_____...,.____.__'u____." ...".__ _ __ _~___ --- ----
contributions anticipated by the Developer Contribution Agreement, and in
recognition of the commitments in the Developer Contribution Agreement, and in
a manner that ensures consistency with the Growth Management Plan's
Concurrency Management System, Collier County has committed to reserve to
the AMSCD sufficient roadway capacity within the Concurrency Management
System for use by the project pursuant to the Interlocal Agreement (Exhibit "E")
executed on April 26, 2005,
G. To deteITTline the project impact on regional facilities, a biennial monitoring report
shall be submitted to Collier County, Florida Department of Transportation
Florida Department of Community Affairs (DCA), and SWFRPC for review and
approval. At a minimum, except as provided for in 4,H" below. the report shall
prOVide the following:
1,
A summary of construction and development activities to date, in
the categories of development as recorded in the development
order;
2.
An estimate of the p,m. peak hour trip generation and turning
movements at each of the project's access points;
3.
An estimate of p,m. peak hour trips assigned to each road
.--
Page 15 of 29
4.
segment identified in Paragraph 4,8,;
An estimate of p,m, peak hour trips at the off-site intersections
listed in paragraph 4,C,;
Agenda Item No. 17e
May 27,2008
Page 46 of 91
5.
A calculation of the existing peak hour level of service for the
. .----.~-.. -_...- ..-----.-.--- facilities.listed in paragraphs 4,B, and4,C.. above.---
6.
An estimate of the level of development expected to be added by
the project for the forthcoming two years;
The-stat~!ut~o roa~8f'!'1el1tscot!l,,!,i~~u..h, the
development order, addressing any deviations from the schedule
7,
for making such improvements;
8,
The amount of total extemal traffic and the proportion of traffic that
is retained internally to the site and that which is accessing the
external road network;
9.
The status of .walkable community" planning principles related to
efficient pedestrian and bicycle movement within the development,
including numerical indicators against which goals can be
measured, such as: number of motorized vehicles in the outside
lane, vehicle speed, lane conditions, existence of sidewalks, etc,;
10,
A status report on achieving inter-modal links and access to transit
and the use of transit throughout major corridors, including
numerical indicators against which goals can be measured, such
as: modal split, annual transit trips per capita, buses per hour, or
auto occupancy rate; and
11,
A report that assesses the extent that development protects
and/or threatens biodiversity and wildlife in the County and
Region, including numerical indicators against which goals can be
Page 16 of 29
Agenda Item No. 17e'
May 27, 2008
Page 47 of 91
measured, such as: number of wildlife crossings included in road
---,
widenin~ plans, number of acres of land set aside for preservation
and protection of wildlife, number of species found in the area, use
of habitat maps to predict the number of panthers in the area, use
"of-habitat. maps- to. predict- travel- patterns.of. paRthers- in. the area;".
use of GIS maps to identify ecological hotspots.
H, As an alternative to collecting peak hour traffic data and analyzing the LOS for
. ~~."~":'''X':9~e~~$.~.~d__in~~~.~.~~G~:.i~.Cl~tificJ~~~.BF!l~~~.~!:!...~.lcJ...~, C:.
required by Paragraph 4.G, above, the developer and Collier County may
consider an appropriate contribution for the construction of permanent traffic
counting stations that would be turned over to Collier County for operation and
maintenance, These stations would become part of an integrated network of
count locations that would provide continuous monitoring capabilities, Data
collected by these stations and other stations within the area of influence wouid
be made available to the developer in the preparation of the biennial monitoring
reports, In the event such data reveals a potential deficiency, any further data
collection and analysis would be the responsibility of the developer.
I. The applicant shall install permanent traffic count stations on all project entrance
roads. The equipment will be owned and maintained by the applicant or his
successor or assigns.
J, The applicant shall promote efficient pedestrian and bicycle movement within and
between the development's components, and to adjacent properties as deemed
necessary by Collier County by providing for the facilities required by the Land
Development Code or as may be required by the Comprehensive Pathway Plan
that make appropriate linkages to the DRI internal pathways network, Also, the
,"-,
applicant may consider future connection to the proposed FPL Trail, which couid
Page 17 of 29
Agenda Item No. 17C
May 27, 2008
Page 48 of 91
enter the Town of Ave Maria from the north in the vicinity of the proposed
park/school or northea~t via Camp Keais Road.
K, The applicant shall promote transit service through the inclusion of bus stops or
other appropriate transit eccess points in site design, consistent with Collier
. _._________ __.c_Q!l..Djy.JransitpJans__ TJ1eJocation.of.bus.stops .and tr~nsit~ccesspoints shall be
planned and integrated with the Town's bicycle and pedestrian plan.
L. The Collier County Board of County Commissioners may consider options to the
conditinn<: nf this De\le~er ..tl;) .tho ..~~!~~llh~.()P!i()t1!.. .PluV'icf" .
adequate commitments for improvements indicated above to significantly
impacted regional roadways and intersections. Whatever options are exercised,
may be done without amending this Development Order, however, shall be done
with the understanding that the following conditions shall be met:
1, The transportation impacts to the roads and intersections above shall be
appropriately addressed consistent with SWFRPC policies, and the
determination of impact fees and/or a proportionate share,
2. No development will be permitted beyond that approved for termination of the
Development Order (Year 2020) or based on a land use conversion that
exceeds substantial deviation thresholds until such time as a Notice of
Proposed Change/Substantial Deviation application including a cumulative
transportation analysis has been reviewed and approved in accordance with
Chapter 380,06(19), Florida Statutes,
Page 18 of 29
Agenda Item No. 17C'
May 27, 2008
Page 49 of 91
5. VEGETATION AND WILDLlFElWETLANDS
""'"
A, Habitat pratectian far, listed plants and wildlife species and additianal off site
wetland mitigatian will accur an approximately 17,000 acres af land, as part af
the Rural Land Stewardship Area (RLSA) develapment entitlement pracess.
. .. ......_ ...._____.__IhaStewardship easements.tathe-H,ODO acres.af..Stewardship-Sending Areas--
will run in favar af Collier Caunty and Flarida Department af Agriculture and
Cansumer Affairs. The Stewardship Easements nat already recarded will be
execut~4:F~~f{l'e~!nth()~ffi~i~~~e~rds._o.fg(llli~r.C~ullt.~..""il!~I~~lli~ly {30!
days af approval af the Stewardship Sending Area.
B, A management plan for the crested caracara shall be submitted far review,
comments, and appraval by the PNC and USPNS priar to. cammencement of
praject canstructian beyand that appraved in the Preliminary Develapment
Agreement.
C, A pre-canstructian survey far Flarida burrawing awls shall be conducted in
accardance with PNC protacals, If nests are faund, then the PNC shall be
cantacted far review and cansultatian cancerning canservatian measures, and, if
needed, mitigatian priar to. praject canstructian in the area af such nests.
D. If required by USPNS, an indigo. snake pratectian plan shall be developed,
reviewed, and appraved by USPNS priar to. cammencement af canstructian.
E. The Develaper shall preserve and restare 62 acres af wetlands as freshwater
marshes that will be integrated into. the surface water management system in two.
locations as shown on the Master Development Pian (Map "H").
F, Mitigatian (wetiand/habltat enhancement) for impacts to. an-site wetlands where
listed species plants are faund Is planned to. accur within the iarge systems just
autside (west) of the property, and Develaper will maintain suitable environments
far these plants to. thrive,
Page 19 of 29
G.
Agenda Item No. 17C
May 27, 2008
Page 50 of 91
The set asides for panther will be established somewhere within the SSAs, and
the exact locations, .habitat type(s), and extent of the set asides will be
determined via Section 7 consultations with USFWS, and the concurrence of
FWC.
.______H,__.AIL commitments. made...by_tbe. applicant...within-- the- ADA, and... subsequent. .. -- _..-
sufficiency round information,related to Question 12 (Vegetation and Wildlife)
and Question 13 (Wetlands), and not in conflict with the above
recommendation~, ~h,," h.. itlcol:porated in~e-GGUief-Geooty-Ge\leIEll'ment
Order as conditions for approval.
6, WASTEWATER MANAGEMENTIWATER SUPPLY
A. The project shall utilize ultra-low volume water plumbing fixtures, self-closing
and/or metered water faucets, xeriscape landscape techniques, and other water
conserving devices and/or methods, These devices and methods shall meet' the
criteria outlined in the water conservation plans of the public water supply permit
issued to the Ave Maria Utility Company by the South Florida Water Management
District.
8, At the time of application for the District Permit Modification, the applicant should
provide verification that the proposed plumbing and irrigation system designs
meet District criteria in effect at that time.
C, All construction plans, technical specifications, and proposed plats, as applicable,
for the proposed water distribution and wastewater collection systems, and any
possible on-site treatment facilities, shouid be reviewed and approved by Ave
Maria Utility Company, LLLP prior to commencement of construction.
D. All potable water facilities, including any possible on-site potable water treatment
plants, should be properly sized to supply average and peak day domestic
Page 20 of 29
r--
Agenda Item No. 17e'
May 27, 2008
Page 51 of 91
demand, in addition to fire flow demand, at a rate approved by the Immokalee Fire
Department.
E. The lowest quality of water available and acceptable should be utilized for all non-
potable water uses,
. _...._.___ ___.__._ E~_._.The. irrigation_system wJIL utilize rain..or moisture sensors to prohibit the use of. ...- --'
irrigation water during times when it is not needed.
G. Abandoned agricultural wells located on the project site will be properly plugged
by a IicensArl rlrillino "nl"trcMor
H, Water saving plumbing devices will be used as required by the current building
code,
I. Irrigation of golf course areas will be performed by deep, infrequent waterings in
order to encourage rooting of turf grass to provide more efficient utilization of
water and nutrients. Irrigation will occur per SFWMD consumptive use permit.
-.....
J.
Ave Maria Utility Company, LLLP, will provide water, wastewater, and
reclaimed water to the town of Ave Maria.
K, Best Management Practices (BMPs) will be utilized to mitigate potential adverse
impacts upon surface water and shallow groundwater at and adjacent to the site,
in accordance with the Ave Maria stormwater management BMP's approved by
SFWMD,
L All commitments made by the applicant, within the ADA and subsequent
sufficiency round information, reiated to Question 10 (General Project
Description), Question 14 (Water), Question 17 (Water Supply), and Question 18
(Wastewater Management), and not in conflict with the above recommendations
should be incorporated as conditions of approval within the Collier County
Development Order for the Town of Ave Maria,
,--,
Page 21 of 29
7.
Agenda Item No. 17C
May 27, 2008
Page 52 of 91
HISTORICAL AND ARCHEOLOGICAL SITES
A. The research used for the ADA will be utilized to develop text for a historical
marker commemorating Second Seminole War activities, which will be placed at
an appropriate location within Ave Maria.
8,
EDUCATION
A, The applicant shall dedicate a site of at least 46 acres within Ave Maria to the
School District for an elementary and middle school. The site will have direct
access to thp. "1'7or" '0"0 end "'ill pro"ide convenient.:acceE:s, betA-veAicular aAd
pedestrian, from the surrounding neighborhoods.
B, The applicant shall dedicate a high school site of approximately 60 acres in a
location requested by School Board staff that is approximately two miles west of
Camp Keais Road north of Immokalee Road.
C, . All commitments made by the applicant within the ADA and subsequent
sufficiency round information related to Question 10 (General Project
Description) and Question 27 (Education), and not in conflict with the above
recommendations should be incorporated as conditions of approval within the
Collier County Development Order for the Town of Ave Maria.
9, POLICE AND FIRE PROTECTION
A, Any buildings where hazardous material/waste is to be used, displayed, handled,
generated or stored will be constructed with impervious floors with adequate floor
drains leading to separate impervious holding facilities that are adequate to
contain and safely facilitate cleanups of any spills, or contaminated substances,
B. Facilities qualifying under the Superfund Amendments Reauthorization Act
(SARA) Title III of 1986, and the Florida Hazardous Materials Emergency
Response and Community Right to Know Act of 1988, shall file hazardous
Page 22 of 29
Agenda Item No. 17C'
May 27, 2008
Page 53 of 91
materials reporting applications in accordance with sections 302, 303, 311, 312,
~
or 313. Applications s~all be updated annually by each reporting facility.
C, Developer shall assist in the development, building, and funding of a Multi-
purpose Public Safety Center to house emergency response personnel and
,._.___..____._equipmenL to,.ensure_ that- the- development - does. not--dilute. the existing..'
)
emergency services in Immokalee and surrounding communities,
D, The fire flows required for Ave Maria will be provided through the potable water
rli<:trih11lion sl'stem, Adeq.yale-sydom 5101'690 aFlelptlmping.cCleacit~. a,lll,,, ..ale, .
plant site will be installed to provide the required flows, Distribution system pipes
will be sized to deliver the fire fiows to the buildings to meet the requirements of
the National Fire Protection Association.
E. The on-campus security provider will utilize foot patrols at the University, It is not
anticipated that the on-campus security personnel will provide security service for
the town. The Collier County Sheriffs Department will provide police protection
for the town, A permanent Sheriffs substation is planned within the community
facilities district of the project.
F. As the development of the project progresses, the applicant will continue to
coordinate with the Sheriff's Department regarding security measures and
features that will likely deter criminal activity at the University and the Town.
G, The applicant has committed to provide a temporary public safety facility and a
minimum of three acres of property for a permanent joint facility which will meet
the needs of the Immokalee Fire District, Collier Emergency Medical Services,
and the Collier Sheriffs Department as the Town grows. In addition to the
commitment to dedicate a minimum of three acres for a joint facility to house
EMS/Fire Station/Sheriff sub-station, Applicant agrees to reserve an additional
one acre site within the Town for "Government Building(s)" adjacent to the joint
---.
Page 23 of 29
Agenda Item No. 17C
May 27,2008
Page 54 of 91
facility. This site shall be reserved by Applicant until development of whichever is
the latter in time: 75%. of the total number of residential dwelling units or 75% of
total area of non-residential uses; as measured at time of building permit
approvals. If such a commitment is not exercised by timely notice from the
...-- Count}Lto...the..Applicant as-stated- immediately. above, .then-this.one acre site'
reservation shall terminate. The one acre site shall be dedicated to the County in
exchange for impact fee credits upon the County committing to construct a
'GnvAmmAnt 81 lilding(s)" f.aciiity by iEleAtify~am~nty's.CIf'.
10. SOLID/HAZARDOUS/MEDICAL WASTE
A. The project shall be bound by all applicable recycling requirements in effect in
the County at the time of the development.
8, Any buildings where hazardous materials or waste is to be used, displayed,
handled, generated or stored shall be constructed with impervious floors with
adequate floor drains leading to separate impervious holding facilities that are
adequate to contain and safely facilitate cleanups of any spill, leakage, or
contaminated water,
C. Discharge of hazardous waste effluent into the sewage system shall be
prohibited unless approved by permit issued by the Florida Department of
Environmental Protection,
D, Any business found within the development boundary that generates hazardous
waste will be responsible for the temporary storage, siting and proper disposal of
the hazardous waste generated by such business, However, there will be no
siting of hazardous waste storage facilities contrary to the county zoning
regulations,
Page 24 of 29
-
Agenda Item No. 17e'
May 27, 2008
Page 55 of 91
E, Any off-site disposal of hazardous waste would be the responsibility of the
business that has gen'!lrated the hazardous waste, All local and state regulations
will be followed in the proper off-site disposal of hazardous waste,
F, Any business found within the development that generates hazardous waste
..__...shall be.J:esponsible. for following all-local and state-regulations- pertaining to the.
generation and handling of hazardous waste at the development.
G, Should natural gas be utilized at some future date, applicable state and local
reg' dR/inn" will hI;! met
H. . The number of restaurants is not known at this time. Restaurant owners will be
required to comply with the County's grease trap ordinance that requires routine
maintenance of the grease removal system.
I. The responsibility for disposing medical and hazardous waste lies with the waste
generator in accordance with Florida law (64E-16, FAC. for Biohazardous
Waste; 62-730 FAC. for hazardous waste). These generators will be
responsible for contracting with properly licensed waste haulers for disposal of
these "special wastes".
11. CONSlSTENCY WITH THE LOCAL COMPREHENSIVE PLAN
Collier County has determined that the Town of Ave Marla DRI project is consistent with
the Collier County GMP and that the project's development, as approved in this
development order, is consistent with the County's Concurrency Management System
relative to public facilities necessary to support the development.
12. GENERAL CONSIDERATIONS
-.
A. All commitments and impact mitigating actions provided by the applicant within
the Application for Development Approval (and supplementary documents) that
are not In conflict with specific conditions for project approval outlined above are
officially adopted as conditions for approval.
Page 25 of 29
Agenda Item No. 17e
May 27,2008
Page 56 of 91
B. The developer, or his successor(s) in title to the undeveloped portion of the
property, must submit a biennial report to the Collier County Board of County
Commissioners, the Southwest Florida Regional Planning Council and the State
Land Planning Agency, and all affected permit agencies on Form RPM-BSP-
..P.onuaLRepoJi.=..1._Ihis....r.eport...musl-describe-the.. state..of-development- and..--
compliance as of the date of submission and be consistent with the rules of the
State Land Planning Agency. The first monitoring report must be submitted to
thp. DRI r.nnrriin"tor..ior SIMFRPC, the Stat!) Land PIEmnlflg-A9.encY~.."lId Culli",
County no later than one year after the effective date of this Deveiopment Order.
Further reporting must be submitted not later than once every two years for
subsequent calendar years thereafter, until buildout, whether actual or declared.
Failure to comply with this biennial reporting procedure is govemed by
Subsection 380.06(18), Florida Statutes, which provides for the temporary
suspension of the DRI Development Order. The developer must inform
successors in titie to any undeveloped portion of the real property covered by this
Development Order.
C. The development phasing schedule presented within the ADA and as adjusted to
date of development order approval shall be incorporated as a condition of
approval.
If development order conditions and applicant commitments
incorporated within the development order, ADA or sufficiency round responses
to mitigate regional impacts are not carried out as indicated to the extent or in
accord with the timing schedules specified within the development order and this
phasing schedule, then this shall be presumed to be a substantial deviation for
the affected regional issue.
D. If the local governments, during the course of monitoring the development, can
demonstrate that substantial changes in the conditions underlying the approval of
Page 26 of 29
Agenda Item No. 17e'
May 27, 2008
Page 57 of 91
the development order has occurred or that the development order was based on
substantially inaccurate information provided by the developer, resulting in
additional substantial regional impacts, then a substantial deviation shall be
deemed to have occurred. The monitoring checklist contained in Appendix IV
.___shaIL be....used.._as~ a~guid8-by-th8-local~ govemment--iA-.determining-- addition--
substential regional impacts.
E. Pursuant to Chapter 380.06(16), the applicant may be subject to credit for
mntrib"tions, cCAStl:blGtiGR, !))'panoiaJ'l-;-6F-aeqt;tisition of pLJuli" r.."ililies, ir the .
...._. ..__.. ,...._..,.m.' ".__,...,..~__..__",.__'_"_ .", ...__.' ",.
--...-----.--.' ."...
developer is also subject by local ordinances to impact fees or exactions to meet
the same needs. The local govemment and the developer may enter into a
capital contribution front-ending agreement to reimburse the developer for
voluntary contributions in excess of the fair share.
F. The iocal development order shall state the land uses approved in gross square
feet, acreages and parking (if applicable) consistent with the statewide guidelines
and standards in Chapter 380.0651 Florida Statutes.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Collier County,
Fiorida, that:
1. The County's Community Development and Environmental Administrator shall be
the local official responsible for assuring compliance with the development order.
2. Physical development shall commence on or before January 1, 2006. The
project is being buill in two phases of five years each, commencing with the effective date of this
Development Order. Buiidout is projected to occur on or about December 31, 2016.
3. The definitions contained in Chapter 380, Florida Statutes, shall control the
interpretation and construction of any terms of this development order.
4. Pursuant to Subsection 380.06(15)(c)3, Florida Statutes. this project is exempt
from downzoning or intensity or density reduction until June 30, 2020, subject to the conditions
Page 27 of 29
Agenda Item No. 17e
May 27,2008
Page 58 of 91
and iimitations set forth in said Subsection of the Florida Statutes. The expiration date for this
Development Order is June 30, 2020:'
5. Subsequent requests for development permits shall not require further review
pursuant to Section 380.06, Florida Statutes, unless it is found by the Board of County
_____. _Commissioners.of.Collier. County, after:due.noticeand.hear~ngr that one-or more-ofthe following.
items listed in Paragraphs A and B is present. Upon such a finding, the Board of County
Commissioners of Collier County may take any action authorized by Subsection 380.06(19),
Florida Statute" penning i.""ance.of.at+amlilOOeG-develapmeAt-ordor.
A. A substantial deviation from the terms or conditions of this development
order, a substantial deviation to the project development phasing schedule, a failure to carry out
conditions, commitments or mitigation measures to the extent set forth herein or consistent with
the timing schedules specified herein or in the phasing schedule in the ADA, or substantial
deviation from the approved development plans which create a reasonable likelihood' of
additional regional impacts or other types of regional impacts which were not previously
reviewed by the SWFRPC; or
B. An expiration of the period of effectiveness of this development order as
provided herein.
6. The approval granted by this development order is limited. Such approval shall
not be construed to relieve the Developer of the duty to comply with all other applicable local,
state or federal permitting regulations.
7. It is understood that any reference herein to any govemmental agency shall be
construed to mean any future entity which may be created or be designated or succeed In
interest to, or which otherwise possesses any of the powers and duties of, any referenced
governmental agency in existence on the effective date of this development order.
8. Appropriate conditions and commitments contained herein may be assigned to or
assumed by a Special District formed pursuant to Chapter 190, Florida Statutes.
Page 28 of 29
Agenda Item No. 17e
May 27, 2008
Page 59 of 91
In the event that any portion or section of this development order is determined to
9.
remain in full force and effect.
. _______ to_Ibis"development order:.shall be.binding,upoR the County- ancHhe Developer, its--
assignees or successors in interest.
11. This development order shall become effective as provided by iaw.
12 r.p.rtifipn "npiE'S of this de"elopment order shall ba providD~~tlf1ty--tO .
DCA and the SWFRPC as provided in Subsection 380.06(25)(g), Florida Statutes.
BE iT FURTHER RESOLVED, that this Resolution be recorded in the Minutes of this
Board.
This Resolution adopted after motion, second, and majority vote.
Done this 14th day of June, 2005.
""""10"
ATTEST:Dyvj&'Hi,~:~aOCK,CtERK
I ." 1~_~:.::';:~?;I:,:;<::~~:\
,Rt, ~ ,;:{r;Jld'-1 )c_ (JJj. 'i117C...t.?-f., '-', ix:
" . . '.. .-' '. ',.:.' Dep',;I., Ci'erk
{ ." ".., (.' .....,~y.' ". .
AttiSt lS\t~';t'ha i~n{~f:';"..'
. ,. ..'o.A.1. ." ~ .'
S 1 g~at ~rl! 6nHf.:~:,:;;;~,'J'."'.."
Approved as'fQ"fRiiTr'a'-':ld'"
. .I"nl.."
iegal suffiCiency: --
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
~~1L w.
FRED W. COYLE, CHAIR
. !\\
/., '
...., .', " ..'i
,.I.,-\.~'
Patrick G. White
Assistant County Attorney
, '\ /
. \ 'J' ~\.'
, ',1,0\,
Page 29 of 29
Agenda Item No. 17e
May 27,2008
EXHIBIT "A" -D.R.I. LANDS Page 60 of 91
DESCRIPTION OF PART OF SEeTlONS 4 THROUGH 9 AND SECTIONS 16 THROUGH 18,
TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP
47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA
..II;.xJillr'"'G'
r
NawOi_tnPlanninQ,DesigJI&E/IgiI1<ering
.-
.-
ALL THAT PART OF SECTIONS 4 THROUGH 9 AND SECTIONS 16 THROUGH 18, TOWNSHIP 48
SOUTH, RANGE 29 EAST, AND PART OF SECTIONS 31 THROUGH 33, TOWNSHIP 47 SOUTH,
RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENelNG AT THE SOUTHWEST CORNER OF SAID SECTION 16:
THENCE NORTH 01'04'10" WEST 50.00 FEETTO TH!;,NQBI!:iRLGHLOEWAY L1NEDF--Qll. WELl-u
, ..- ROAD (100 FOOTR1GHT OF WAY) ANr51i-ie'POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED;
THENCE SOUTH 88'51'06" WEST 152.15 FEET;
THENCE NORTH 01"01'23" WEST 3oo.D1 FEET TO A POINT ON A LINE LYING 300 FEET NORTH OF
AN PARALLEL WITH THE NORTH RIGHT-OF-WAY LINE OF SAID OIL WELL ROAD;
THENCE ALONG SAID LINE SOUTH 88'51'05" WEST 2,417.56 FEET;
THENCE CONTINUING ALONG SAID LINE SOUTH 88"55'37" WEST 1 ,128.15 F~FT;
TJ,lENGj;.bEAVlNG-SAIfrttNI!-NOR I H U1"' 3'46" WEST 1 ,089.65 FEET;
THENCE SOUTH 89"32'56" WEST1 ,514.02 FEET;
THENCE SOUTH 89"24'19" WEST 3977.40 FEET;
THENCE NORTH 00'01'40" EAST 1280.68 FEET;
THENCE NORTH 90"00'00" EAST 1125.68 FEET;
THENCE NORTH 00"19'38" WEST 52D.46 FEET;
THENCE NORTH 09"21'58" EAST 38.31 FEET;
THENCE NORTH 14"56'15" EAST 32.59 FEET;
THENCE NORTH 59"02'49" EAST 24.49 FEET;
THENCE NORTH 68"12'25" EAST 33.93 FEET;
THENCE NORTH 73'08'54" EAST 72.42 FEET:
THENCE NORTH 69'14'09" EAST 65.14 FEET;
THENCE NORTH 61'11'58" EAST 47.93 FEET;
THENCE NORTH 56'44'10' EAST 80.38 FEET:
THENCE NORTH 54'18'17" EAST 82.75 FEET;
THENCE NORTH 51"34'19" EAST 552.31 FEET;
THENCE NORTH 12'32'03" EAST 52.12 FEET;
THENCE NORTH 16'41'34" WEST 780_99 FEET;
THENCE NORTH 38'40'18" WEST 4827 FEET;
THENCE NORTH 55'58'45" WEST 175.13 FEET;
THENCE NORTH 78"14'12" WEST 4621 FEET;
THENCE SOUTH 86'41'17" WEST 358.77 FEET;
THENCE NORTH 43'16'35" WEST 44.00 FEET;
THENCE NORTH 01'28'53" WEST 584.34 FEET;
THENCE NORTH 88'45'30" EAST 2,256.99 FEET;
THENCE NORTH 11'31'40" WEST 679.82 FEET;
THENCE NORTH 29'51'19" EAST 43.24 FEET;
THENCE NORTH 80'03'11" EAST 750.96 FEET;
THENCE NORTH 62'05'14" EAST 23.32 FEET;
THENCE NORTH 08'45'48" WEST 831.15 FEET;
THENCE 82,76 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
SOUTHEAST HAVING A RADIUS OF 128.55 FEET THROUGH A CENTRAL ANGLE OF 36"53'11" AND
BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 23'30'23" EAST 81.34 FEET TO A POINT
OF REVERSE CURVATURE;
THENCE 149.95 FEET ALONG THE ARe OF A CIRCULAR CURVE CONCAVE WEST, HAVING A
RADIUS OF 215.80 FEET THROUGH A CENTRAL ANGLE OF 39'48'43" SUBTENDED BY A CHORD
WHICH BEARS NORTH 22'02'37" EAST 146.95 FEET;
THENCE NORTH 02'08'16" EAST 434.86 FEET;
THENCE NORTH 38'40'13" EAST 124.61 FEET;
THENCE NORTH 23'55'58" EAST 503.82 FEET;
THENeE NORTH 89'19'06" EAST 272.53 FEET;
THENCE NORTH 81'10'42" EAST 718.98 FEET;
THENCE NORTH 09'56'39" EAST 638.73 FEET;
THENCE NORTH 73'36'58" EAST 172.46 FEET;
Offices strateg/ca/ly /aca/ed /0 serve our c/len/s 800,649.4336
NapleslCarparale Olf/ce 3200 Bailey Lane, Suite 200 . Naples. Rorlda 34105" 239.549.=" Fax 239.643.5716
w/fsonmlller.com
WJlsoIlMjllu./Ilt:. _ FL Lie.' LC.COOOI'O
-.
Agenda Item No. 17C
May 27, 2008
Page 61 of 91
DESCRIPTION OF PART OF SECTION 41HROUGH 9. 16 AND 17, TOWNSHIP 48 SOUTH. RANGE 29 EAST, AND
PART OF SECTIONS 3D THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIOA
EXHIBIT "A' - 0.R.1. lANOS (CONTINUED):
WilsOnMillei
p
New DirectiDtl$ln P/ItUIing, Design & Engineering
THENCE NORTH 10'53'22' EAST 171,73 FEET:
THENCE 327.51 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
SOUTHWEST HAVING A RADIUS OF 275,44 FEET THROUGH A CENTRAL ANGLE OF 68'07'37' AND
BEING SUBTENDED BY A eHORD WHICH BEARS NORTH 39'53'35" WEST 308.56 FEET;
THENCE NORTH 73'5724' WEST 492.85 FEET;
iHENCE""!13".2fFEET ALONG THEARC"OF A NOIHANGEN11AtCIRCUt:AA-eURVECl:>NCAVE------.-
SOUTH HAVING A RADIUS OF 331.73 FEET THROUGH A CENTRAL ANGLE OF 54'05'52" AND
BEING SUBTENDED BY A eHORD WHICH BEARS NORTH 90'00'00' WEST 301.71 FEET;
THENCE SOUTH 62'57'04' WEST 506.32 FEET:
THENCE 155.39 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
SOUTHEAST HAVING A RADIUS OF 107.24 FEET THROUGH A CENTRAL ANGLE OF 83'01'31' AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 27'09'30' WEST 142.15 FEET;
I Mt::N<.;t:: :'UU 1M 14"110 t::ASr "Of.eo FEET,
THENCE 341:14 F-EETALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE .
NORTHWEST HAVING A RADIUS OF 168.89 FEET THROUGH A CENTRAL ANGLE OF 115'44'01'
AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 29'11'23' WEST 286.03 FEET;
THENCE SOUTH 87'03'24' WEST 81,50 FEET;
THENCE SOUTH 19'06'00' WEST 178.46 FEET;
THENCE SOUTH 73'34'35' WEST 263.81 FEET;
THENCE SOUTH 33'42'00" WEST 81.86 FEET;
THENCE SOUTH 51'52'05" WEST 1,402.28 FEET:
THENCE 219.21 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
SOUTHEAST HAVING A RADIUS OF 151.50 FEET THROUGH A CENTRAL ANGLE OF 82'54'07" AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 22'50'28" WEST 200.58 FEET;
THENCE SOUTH 18'36'35" EAST 1,047.10 FEET;
THENCE 196.86 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
NORTHEAST HAVING A RADIUS OF 170.73 FEET THROUGH A CENTRAL ANGLE OF 66'04'00' AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 48'32'34' EAST 188.14 FEET;
THENCE SOUTH 81'34'34' EAST 177.10 FEET;
THENCE SOUTH 14'02'28' EAST 108.97 FEET;
THENCE SOUTH 15'53'24' WEST 33.42 FEET;
THENCE SOUTH 72'18'08' WEST 1325.01 FEET;
THENCE NORTH 16'22'40' WEST 868.64 FEET;
THENCE NORTH 16'02'21" WEST 1,001.63 FEET:
THENCE NORTH 15'43'23" WEST 808.63 FEET;
THENCE NORTH 14'29'42' WEST 215.30 FEET;
THENCE NORTH 02'51'21' WEST 51.77 FEET;
THENCE NORTH 37'59'19' EAST 51.77 FEET;
THENCE NORTH 58'24'39" EAST 660,90 FEET:
THENCE NORTH 56'56'25' EAST 865.77 FEET;
THENCE NORTH 62"27'21' EAST 303.89 FEET;
THENCE NORTH 58'11'43" EAST 148.88 FEET;
THENCE NORTH 66'27'20" EAST 99.67 FEET;
THENeE NORTH 79'59'44" EAST 60.67 FEET;
THENCE NORTH 18'39'40" EAST 212.96 FEET;
THENCE NORTH 13'26'09' EAST 80.67 FEET;
THENCE NORTH 04'05'14' EAST 65.75 FEET;
THENCE NORTH 00'4728' EAST 593.12 FEET:
THENCE NORTH 05'29'40" EAST 61.18 FEET;
THENCE NORTH 20'17'22" EAST 57.43 FEET;
THENCE NORTH 51'55'17" EAST 55,07 FEET;
THENCE SOUTH 84'48'27" EAST 51.76 FEET;
THENCE SOUTH 67'53'53" EAST 40.46 FEET;
THENCE SOUTH 53'37'33' EAST 55.29 FEET;
THENCE SOUTH 55"37'37" EAST 158.19 FEET;
THENCE SOUTH 66'28'32" EAST 79.22 FEET;
-.
9/30'2004- 127230 'o'er: 011. 'STOCK"""...
-
037~.O
2
Agenda Item No. 17e
May 27, 2008
Page 62 of 91"
DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, ANO
PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA
EXHIBIT "A" - O,R.I. LANDS (CONTINUED):
WilstinMiller"
r
New Directions In Plmning, Design & Engineering
'.-
.'
THENCE SOUTH 81'19'48" EAST 69.92 FEET;
THENCE NORTH 80'53'08' EAST 96.10 FEET;
THENCE NORTH 83'09'35" EAST 88.49 FEET;
THENeE SOUTH 75'58'08' EAST 57.96 FEET;
THENeE SOUTH 45'44'09' EAST 65.43 FEET;
- ---.-- TRENCE-SOUTH 23"12'23"-EAST 107.03 FEET: M_________ ----.-
THENCE SOUTH 31'09'29" EAST 124.53 FEET;
THENCE SOUTH 36"28'03" EAST 195.13 FEET;
THENCE SOUTH 41'49'01" EAST 193.27 FEET;
THENCE SOUTH 41'27'57" EAST 187.53 FEET;
THENCE SOUTH 50'06'28" EAST 177.12 FEET:
THENCE NORTH 86'06'03" EAST 103.33 FEET;
TH~e-e-NOR'I'I'ta2. 07 II eAST 76.87 FEET,
THENCE NOR11-f5S'49'02"!:ASr 81.16 FEET;'
THENCE NORTH 41'11'10" EAST 266.09 FEET;
THENCE NORTH 43"45'15" EAST 203.61 FEET;
THENCE NORTH 63'26'06" EAST 230.87 FEET;
THENCE NORTH 55'12'54" EAST 17.74 FEET;
THENCE NORTH 06'58'17" WEST 40.07 FEET;
THENCE NORTH 60'20'46" EAST 94.06 FEET:
THENCE NORTH 14'42'46" EAST 42.02 FEET;
THENCE NORTH 52'22'08" EAST 29.10 FEET;
THENeE NORTH 05'13'18" EAST 37.01 FEET;
THENCE NORTH 07'13'16" WEST 185.10 FEET;
THENCE NORTH 06'55'50" WEST 66.36 FEET;
THENCE NORTH 08"35'26" WEST 70.11 FEET;
THENCE NORTH 03"30'28" EAST 24.24 FEET;
THENCE NORTH 09'22'28" EAST 32.62 FEET;
THENCE NORTH 32'03'11" EAST 61.35 FEET;
THENCE NORTH 41'59'52" EAST 54,16 FEET;
THENCE NORTH 46'36'59" EAST 44.15 FEET;
THENCE NORTH 40'19'34" EAST 80.40 FEET;
THENCE NORTH 39"30'46" EAST 42.43 FEET;
THENCE NORTH 52'07'39" EAST 71.16 FEET;
THENCE NORTH 60'17'11" EAST 55.95 FEET;
THENCE NORTH 66'43'34" EAST 63.02 FEET;
THENCE NORTH 86'12'19" EAST 41.51 FEET;
THENCE SOUTH 75'32'56" EAST 74_98 FEET;
THENCE NORTH 78'55'50" EAST 42.97 FEET;
THENCE NORTH 69'31'07" EAST 36.80 FEET;
THENCE NORTH 75'3710" EAST 34.34 FEET;
THENCE SOUTH 72'08'39" EAST 57.43 FEET;
THENCE SOUTH 56'52'50" EAST 70.22 FEET;
THENCE SOUTH 56'52'18" EAST 99.31 FEET;
THENCE SOUTH 70'35'59" EAST 56.76 FEET;
THENCE SOUTH 85'12'15" EAST 70.23 FEET;
THENCE NORTH 85'47'37" EAST 52.90 FEET;
THENCE NORTH 77'16'18" EAST 51.33 FEET;
THENCE NORTH 64'20'23" EAST 9.49 FEET;
THENCE NORTH 23'56'25" EAST 60.47 FEET;
THENCE NORTH 39'27'42" EAST 138.08 FEET;
THENCE NORTH 18'12'03" EAST 123.70 FEET;
THENCE NORTH 16"26'30" WEST 137.54 FEET;
THENCE NORTH 45'55'34" WEST 133.51 FEET;
THENCE NORTH 84'43'21" WEST 101.26 FEET:
THENCE SOUTH 67"06'53" WEST 375.05 FEET;
a>3OO004- 1%1%:10 VIN: 011. 8STOCKHAM
~
03786-01JO...OOO..O
3
/--.,
WllS081Y11lltlf
r Agenda Item No. 17e
New Diroc/ion, In Planning, Design & Engine,ring May 27, 2008
Page 63 of 91
DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND
PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 28 EAST.. COLLIER COUNTY, FLOR'DA
EXHIBIT "A" - O.R.I. lANDS (CONTINUED):
.-
THENCE SOUTH 86'31'55" WEST 296.36 FEET:
THENeE NORTH 02'29'11" WEST 25.06 FEET;
THENCE SOUTH 85'19'00" WEST 63.79 FEET;
THENCE SOUTH 87'01'35" WEST 57.73 FEET;
THENCE NORTH 85'14'11" WEST 27.05 FEET;
_______IHENCE NORTH. 8~11'09~ WEST 22,51 FEET;__
THENCE NORTH 71'01'47' WEST 25.34 FEET;
THENCE NORTH 74'5744' WEST 25.97 FEET;
THENCE NORTH 80'42'24" WEST 41.73 FEET;
THENCE NORTH 77'00'19' WEST 49_95 FEET;
THENCE NORTH 78'26'56' WEST 104.70 FEET;
THENCE NORTH 78'45'16' WEST 195.82 FEET;
THENCE NORTH 79'21'51' WEST 81,14 FEET;
. THENCE NORTH 76'30'15' WEST 38.50 FEET; ...
THENCE NORTH 70'33'36' WEST 13.50 FEET;
THENCE NORTH 53'58'21' WEST 10.18 FEET;
THENCE NORTH 53'58'22' WEST 10.18 FEET;
THENCE NORTH 43'09'08' WEST 16.42 FEET;
THENCE NORTH 34'52'31' WEST 30.12 FEET;
THENCE NORTH 37'08'48' WEST 31.00 FEET;
THENCE NORTH 45'00'00' WEST 37.06 FEET;
THENCE NORJ'H 43'28'45' WEST 29.92 FEET;
THENCE NORTH 52'29'45" WEST 40.59 FEET;
THENCE NORTH 53'28'16" WEST 25,16 FEET;
THENCE NORTH 69'51'49' WEST 23.93 FEET;
THENCE NORTH 72'53'50' WEST 40,74 FEET;
THENCE NORTH 74'38'02' WEST 101.72 FEET;
THENCE NORTH 76'25'14' WEST 79.73 FEET;
THENCE NORTH 73'50'34' WEST 83.41 FEET;
THENCE NORTH 77'16'32" WEST 71.39 FEET;
THENCE NORTH 70'44'15' WEST 32,62 FEET;
THENCE NORTH 75'44'50' WEST 240.26 FEET;
THENCE SOUTH 76'22'29" WEST 54.20 FEET;
THENCE NORTH 75'46'41' WEST 12.61 FEET;
THENCE NORTH 78'06'45" WEST 243.02 FEET;
THENCE SOUTH 87'32'28' WEST 438.43 FEET;
THENCE SOUTH 86'36'21" WEST 1,109.58 FEET;
THENCE NORTH 77'00'11" WEST 142.86 FEET;
THENCE SOUTH 17'30'03" WEST 10.94 FEET;
THENCE SOUTH 21'30'05' EAST 36.63 FEET;
THENCE SOUTH 30'5750" WEST 6.02 FEET;
THENCE NORTH 73'10'43' WEST 139.18 FEET;
THENCE NORTH 11'46'06" WEST 25.32 FEET;
THENCE NORTH 05'42'38' WEST 20.76 FEET;
THENCE NORTH 04'23'55" WEST 13.47 FEET;
THENCE NORTH 50'11'40" WEST 8.07 FEET;
THENCE NORTH 83'59'28" WEST 19.73 FEET;
THENCE NORTH 84'57'27" WEST 35.25 FEET;
THENCE NORTH 83'49'48" WEST 38.44 FEET;
THENCE NORTH 80'44'23' WEST 96.27 FEET;
THENCE NORTH 79'48'04' WEST 449.12 FEET;
THENCE NORTH 77'49'57"WEST 284.20 FEET;
THENCE NORTH 83'39'35" WEST 93.52 FEET;
THENCE NORTH 87'39'46' WEST 1 01.30 FEET;
THENCE NORTH 84'25'40" WEST 85.09 FEET;
THENCE NORTH 77"28'16" WEST95.22 FEET;
~004- 127Z3Q ....et: 011. BSTOCKI"U./"I
'"""
oJJiBG-OOO-OOl)..O
-I
WIIst)nMlller Agenda Item No. 17C -.'
NewOi"ctIonslnPlmnlng,/Jesign&EngiMering May 27,2008.. :
Page 64 of 91
DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND
PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 28 EAST. COLUER COUNTY, FLORIDA
EXHI8,r 'N - 0.R.1. LANDS (CONTINUED):
THENCE NORTH 77'23'45" WEST 170.38 FEET;
THENCE NORTH 75'5T50" WEST 76.65 FEET;
THENCE NORTH 69'26'38' WEST 35.30 FEET;
THENCE NORTH 69'46'31" WEST 41.S2 FEET;
THENCE NORTH 4S'48'50" WEST 43,91' FEET;
THENCE NORTH'46'14'43" WEST 134.40 FEET;------------.-----------
THENCE NORTH 43'58'24" WEST 611.34 FEET;
THENCE NORTH 45'00'00" WEST 338.85 FEET;
THENCE NORTH 44'41'45" WEST 412.62 FEET;
THENCE NORTH 43'26'06" WEST 267.38 FEET;
THENCE NORTH 46'27'29" WEST 200.89 FEET;
THENeE NORTH 66'02'14" EAST 12.72 FEET;
THE~JCE NOR~2'-12" EIIST 18.S3 FEET;
THENCE NORTH 03'20'45" EAST 73.83 FEET:'
THENCE SOUTH 85'25'42" WEST 6.48 FEET;
THENCE NORTH 90'00'00" WEST 10.84 FEET;
THENCE SOUTH 70'27'4S" WEST 16.99 FEET;
THENCE SOUTH 56'18'36" WEST 14.89 FEET;
THENeE SOUTH 75'5T49" WEST 17_03 FEET;
THENCE SOUTH 87"16'25" WEST 10.86 FEET;
THENCE NORTH 59'20'5S" WEST 1621 FEET;
THENCE NORTH 35'32'16" WEST 17.77 FEET;
THENCE NORTH 26"33'54" WEST 17.32 FEET;
THENCE NORTH 16'11'21"WEST 16.67 FEET;
THENCE NORTH 01'52'04" WEST 47.53 FEEr;
THENCE NORTH 00'05'16" WEST 336.69 FEET;
THENCE NORTH 00'29'38" WEST 299.52 FEET;
THENCE NORTH 00'56'29" WEST 220.01 FEET;
THENCE NORTH 00'52'19" EAST 237.57 FEET;
THENCE NORTH 00"46'52" WEST 113.62 FEET;
THENCE NORTH 00"00'00" EAST 13.43 FEET;
THENCE NORTH 14'02'10" EAST 8.52 FEET;
THENCE NORTH 45"00'00" EAST 5.84 FEET;
THENCE NORTH 71'33'54" EAST 9.80 FEET;
THENeE NORTH 82'24'19' EAST 15.63 FEET;
THENCE SOUTH 89'12'02" EAST 222.07 FEET;
THENCE SOUTH 86'36'31" EAST 69.83 FEET;
THENCE SOUTH 82'38'52" EAST 32.28 FEET;
THENCE SOUTH 70"49'16" EAST 25.15 FEET;
THENCE SOUTH 60"38'32" EAST 18.96 FEET;
THENCE SOUTH 62"44'41" EAST 38.34 FEET;
THENCE SOUTH 73"08'30" EAST 35.61 FEET;
THENCE SOUTH 87"42'34" EAST 25.84 FEET;
THENCE NORTH 86'18'31" EAST 32.08 FEET;
THENCE NORTH 74'58'54" EAST 43.84 FEET;
THENCE NORTH 66'16'18" EAST 51.33 FEET;
THENeE NORTH 56'01'25' EAST 57.29 FEET;
THENCE NORTH 52'34'43' EAST 171.66 FEET;
THENCE NORTH 43"53'54" EAST 75.96 FEET;
THENCE NORTH 36"37'17" EAST 47.61 FEET;
THENCE NORTH 35"48'12" EAST 77.68 FEET;
THENCE NORTH 30"21'29" EAST 83.78 FEET;
THENCE NORTH 22"37'12" EAST 67.13 FEET;
THENCE NORTH 13"36'02" EAST 32.94 FEET;
THENCE NORTH 14"28'13" EAST 66.13 FEET;
THENCE NORTH 10"57'15" EAST 65.22 FEET;
:
~lm3l) Ver: 01" !!S'l'CC~.""....t
-
037~.O
5
.-
Wll808Mlllef
r Agenda Item No. 17e
N.w Olfl!CtiOllt In I'farlning, Oesign & Engin..ring May 27, 2008
Page 65 of 91
DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND
PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA
EXHIBIT "A' - O.R.I. LANDS (CONTlNUEP):
')
THENCE NORTH 11'18'36' EAST 21.06 FEET;
THENCE NORTH 16'41'58" EAST 10.78 FEET;
THENCE NORTH 45'00'00" EAST 10.22 FEET;
THENCE NORTH 58'23'33" EAST 15,76 FEET;
THENCE NORTH 64'39'14" EAST 21.71 FEET;
----------THENCE NORTH 61'474~ EAST 163.98FEET;.........-..-.
THENCE NORTH 64'59'39' EAST 161.25 FEET;
THENCE NORTH 66'22'14" EAST 18.04 FEET;
THENCE NORTH 72'53'50" EAST 28.10 FEET;
THENCE NORTH 90'00'00' EAST 14.46 FEET;
THENCE NORTH 86'16'55" EAST 35.13 FEET;
THENCE SOUTH 86'36'10" EAST 42.36 FEET;
THENCE NORTH 90'00'00" EAST 26 92 FEET'
THENCE SOUTH 62'45'47" EAST 16.40 FEET;..
THENCE SOUTH 61'55'39" EAST 17.73 FEET;
THENCE NORTH 69'34'35" EAST 118.02 FEET;
THENCE NORTH 81'56'55" EAST 17.06 FEET;
THENCE NORTH 66'43'15" EAST 124.39 FEET;
THENCE NORTH 13'46'19" WEST 328,56 FEET;
THENCE NORTH 70'48'07" EAST 76.21 FEET;
THENCE NORTH 54'29'06" EAST 37,97 FEET;
THENCE NORTH 21'53'45" WEST 54.46 FEET;
THENeE NORTH 70'41'14' EAST 77.55 FEET;
THENCE NORTH 71'02'31" EAST 35.61 FEET;
THENCE NORTH 72'16'21" EAST 131.70 FEET;
THENCE NORTH 72'04'43" EAST 126.96 FEET;
THENCE NORTH 73'13'18" EAST 106.86 FEET;
THENCE NORTH 71'11'17" EAST 74.14 FEET;
THENCE NORTH 68'33'06" EAST 30.93 FEET;
THENCE NORTH 71'33'54' EAST 17.68 FEET;
THENCE NORTH 61'15'14' EAST 13.52 FEET;
THENCE SOUTH 63'05'20" EAST 17.09 FEET;
THENCE SOUTH 47'43'35" EAST 15.29 FEET;
THENCE SOUTH 37'20'56" EAST 24.58 FEET;
THENCE SOUTH 16'36'20" EAST 46.68 FEET;
THENCE SOUTH 24'10'17" EAST 35.78 FEET;
THENCE SOUTH 21'52'45" EAST 70.36 FEET;
THENCE SOUTH 34'33'45" EAST 28.09 FEET;
THENCE SOUTH 47"26'12" EAST 34_20 FEET; .
THENCE SOUTH 52"25'53" EAST 8.43 FEET;
THENCE SOUTH 71'33'54" EAST 9.75 FEET;
THENCE SOUTH 85'01'49" EAST 11.67 FEET;
THENCE SOUTH 87'08'15" EAST 20.59 FEET;
THENCE SOUTH 86'25'50" EAST 37.54 FEET;
THENCE NORTH 87'33'46" EAST 48.37 FEET;
THENCE SOUTH 89'35'00" EAST 141.38 FEET;
THENCE NORTH 89'06'34" EAST 99.23 FEET;
THENCE NORTH 84'31'51" EAST 46.55 FEET;
THENCE NORTH 82'20'00" EAST 26.97 FEET;
THENCE NORTH 79'46'40" EAST 31.87.FEET;
THENCE NORTH 76'27'51" EAST 26.56 FEET;
THENCE NORTH 70'23'45" EAST 39.84 FEET;
THENCE NORTH 70'48'11" EAST 134.46 FEET;
THENCE NORTH 70'37'19" EAST 79.02 FEET;
THENCE NORTH 66'32'28" EAST 29.70 FEET;
THENCE NORTH 57'49'44" EAST 37.66 FEET;
Q/3lY21Xlol- 1 m30 v.r: Dll. BSTOCI<HAM
,-.
03786-000-000-.0
6
Agenda Item No. 17C
May 27, 2008
Page 66 of 91
DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, ANO
PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUN1Y, FLORIDA
EXHIBIT 'A' - O.R.I. LANOS (CONTINUED):
WilsdnMiller
.
New Oirections In Planning, Oesign & Engineering
'.
.-
THENCE NORTH 53'21'57" EAST 74.96 FEET;
THENCE NORTH 54"24'59" EAST 148.87 FEET;
THENCE NORTH 50"50'35" EAST 203.54 FEET;
THENCE NORTH 48'43'53" EAST 33.52.FEET;
THENCE NORTH 32"23'52" EAST 31.67 FEET;
..--.--THENCE 334.86 FEET ALONG THE"ARC OF A.li/OIir-TANGENTl,l(['eIRCUDIRCIJRVECONCAVE-----.-
WEST HAVING A RADIUS OF 272.48 FEET THROUGH A CENTRAL ANGLE OF 70'24'48" AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 06"25'03" WEST 314.18 FEET;
THENCE NORTH 41"37'27" WEST 133.18 FEET; _ .
THENCE 184.60 FEET ALONG THE ARC OF A CIRCUlAR CURVE CONCAVE SOUTHWEST HAVING
A RADIUS OF 573.36 FEET THROUGH CENTRAL ANGLE OF 18'26'50" AND BEING SUBTENDED BY
A CHORD WHICH BEARS NORTH 50'50'52" WEST 183.80 FEET;
THENCE NORTH 60'04 Ib VVt:::;I14~.~,n-t:t:I;.. ....... . .._ ..... ._ .. _ ...
THENCE 44_34 FEET ALONG niEAAC OF A NON-TANGENTIAL CIRCUlAR CURVE CONCAVE
EAST HAVING A RADIUS OF 29.99 FEET THROUGH A CENTRAL ANGLE OF 84"41'37" AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 17'43'30" WEST 40.41 FEET;
THENCE NORTH 24'37'19" EAST 671.69 FEET;
THENCE NORTH 23"58'37" EAST 211.35 FEET;
THENCE NORTH 27'45'05" EAST 100.63 FEET;
THENCE NORTH 34'51'48" EAST 129.90 FEET;
THENCE NORTH 36'14'23" EAST 119.58 FEET;
THENCE NORTH 39'15'14" EAST 61.92 FEET;
THENCE NORTH 30"37'48" EAST 96.80 FEET;
THENCE NORTH 31'09'42" EAST 136.09 FEET;
THENCE NORTH 31'57'25" EAST 103.02 FEET;
THENCE NORTH 32'39'03" EAST 134.08 FEET;
THENCE NORTH 28'32'24" EAST 53.34 FEET;
THENCE NORTH 31'15'49" EAST 35.90 FEET;
THENCE NORTH 36'52'12" EAST 24.66 FEET;
THENCE NORTH 53'49'13" EAST 22.74 FEET;
THENeE NORTH 59'30'01" EAST 46.43 FEET;
THENCE NORTH 58'16'35" EAST 70.87 FEET;
THENCE NORTH 46"49'06" EAST 48.85 FEET;
THENCE NORTH 34'36'20" EAST 66.58 FEET;
THENCE NORTH 36"23'58" EAST 266.89 FEET;
THENCE NORTH 35'28'00" EAST 51.47 FEET;
THENCE NORTH 24'13'40" EAST 48.08 FEET;
THENCE NORTH 20"29'50" EAST 62.60 FEET;
THENeE NORTH 17"32'36" EAST 44.54 FEET;
THENCE NORTH 11'02'07" EAST 134.56 FEET;
THENCE NORTH 09'20'41" EAST 65.81 FEET;
THENCE NORTH 08'49'13" EAST 32.16 FEET;
THENCE NORTH 02'07'16" WEST 14.81 FEET;
THENCE NORTH 19'58'59" WEST 12.83 FEET;
THENCE NORTH 29'55'53" WEST 20.87 FEET;
THENCE NORTH 45'00'00" WEST 56.96 FEET;
THENCE NORTH 48'51'56" WEST 57.48 FEET;
THENCE NORTH 42"38'48" WEST 28.31 FEET;
THENCE NORTH 38'47'48" WEST 35.86 FEET;
THENCE NORTH 43'25'04" WEST 39.03 FEET;
THENCE NORTH 36'22'11" EAST 30.93 FEET;
THENCE NORTH 23'54'19" EAST 139.67 FEET;
THENCE SOUTH 66'53'26" EAST 241.46 FEET;
THENeE SOUTH 64'45'28" EAST 263.29 FEET;
THENCE SOUTH 71'18'47" EAST 57.07 FEET;
THENCE SOUTH 85'07'33" EAST 50.51 FEET;
DJ3G'2CXIo4-127230 "'~IlI'.aSTC'::"H.>.M
-
OJ71l6-O:JG.OO<'..O
7
Agenda Item No. 17e
May 27, 2008
Page 67 of 91
DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 46 SOUTH, RANGE 29 EAST, AND
PART OF SECTIONS 30 THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 26 EAST; COLUER COUNTY, FLORIDA
EXHIBIT "A' - 0.R.1. LANDS (CONTINUED):
WilsdnMiller"
.
New Dlnctions In Planning, Design & Eng{n..ring
:
THENCE NORTH 61'05'07" EAST 75,18 FEET;
THENCE NORTH 81'43'21' EAST 63.88 FEET;
THENCE NORTH 84'57'08' EAST 36.24 FEET;
THENCE SOUTH 86'25'39" EAST 63.61 FEET;
THENCE SOUTH 81'31'21" EAST 262.28 FEET;
THENCE SQUTH8S"OS'OJ'CEAST 273":99 FEET;"
THENCE NORTH 80'58'13" EAST 327.79 FEET;
THENCE NORTH 67'50'56" EAST 252.22 FEET;
THENCE NORTH 81'02'01" EAST 819.65 FEET;
THENCE NORTH 81'42'41" EAST 310.84 FEET;
THENCE SOUTH 65'34'43" EAST 80.72 FEET;
THENCE NORTH 89'59'47" EAST 219.16 FEET;
'Ht:Nt,;t: NUl"< I H'!lT<I22~ CAS, 41.19 FEET,
THi=:FfcE NORTH 511"02'38" EAST f38,72 FEET;
THENCE NORTH 41'09'18" EAST 91.38 FEET;
THENCE NORTH 73'57'36" EAST 83.05 FEET;
THENCE NORTH 84'51'58" EAST 305.34 FEET;
THENCE NORTH 86'38'43" EAST 343.90 FEET;
THENCE NORTH 87"28'42" EAST 503.72 FEET;
THENCE NORTH 88"46'01" EAST 328.07 FEET;
THENCE NORTH 37'30'20" EAST 357.69 FEET;
THENCE NORTH 15'32'08" EAST 149.51 FEET;
THENCE NORTH 86'55'36" EAST 261.44 FEET;
THENCE NORTH 72'53'31" EAST 576.59 FEET;
THENCE NORTH 50'45'14" EAST 202.55 FEET;
THENCE NORTH 87'14'14" EAST 314.60 FEET;
THENCE SOUTH 76'38'32" EAST 143.08 FEET;
THENCE NORTH 89'49'43" EAST 1,054.71 FEET;
THENCE SOUTH 75'20'32" EAST 42.85 FEET;
THENCE SOUTH 41'43'41" EAST 38.04 FEET;
THENCE SOUTH 59"44'48" EAST 101.86 FEET;
THENCE SOUTH 82'56'38" EAST 71.89 FEET;
THENCE NORTH 76'31'27" EAST 68.87 FEET;
THENCE NORTH 60'32'45" EAST 175.39 FEET;
THENCE NORTH 78'18'10" EAST 41.23 FEET;
THENCE NORTH 89'28'30" EAST 480.22 FEET;
THENCE NORTH 82'52'57" EAST 82.50 FEET;
THENCE NORTH 59'26'48" EAST 47.S3 FEET;
THENCE NORTH 77'36'27" EAST 12.36 FEET;
THENCE SOUTH 70"55'29" EAST 16.45 FEET;
THENCE SOUTH 47'41'12" EAST 748.88 FEET;
THENCE SOUTH 34'06'49" EAST 46.63 FEET;
THENCE SOUTH 14'16'24" EAST 615.1S FEET;
THENCE NORTH 8S'S9'44" EAST 160.53 FEET;
THENCE NORTH 47'06'44" EAST 110.60 FEET;
THENCE NORTH 29'11'18" EAST 460.96 FEET;
THENCE NORTH 13'56'S7" EAST 209.8S FEET;
THENCE NORTH 76'19'41" EAST 160.84 FEET;
THENCE NORTH 61'43'54" EAST 107.89 FEET;
THENCE NORTH 18'S8'36" EAST 69.73 FEET;
THENCE NORTH 01'36'49" WEST 341.03 FEET;
THENCE NORTH 89'06'53" EAST 584.42 FEET TO A POINT ON THE WEST RJGHT-OF-WAY LINE OF
CAMP KEIAS ROAD (80 FOOT RIGHT-OF-WAY);
THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 00'14'32' EAST 45.99 FEET;
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH OS'S1'27" WEST 224.83 FEET;
~
QI:JQr"2OO4.1~ Ver:Oll.SSTOCKHAU
-
ro711~.O
8
Agenda Item No. 17e
May 27,2008
Page 68 of 91
DESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 48 SOUTH, RANGE 29 EAST, AND
PART OF SECTIONS 30 THROUGH 33; TOWNSHIP 47 soutH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 2B EAST, COLLIER COUNTY, FLORIDA
EXHIBIT 'A" - D.R.I. LANDS (CONTINUED):
WilsonMille,'
.
Nf1W Dim:Jions In P/amInQ, Design & Engineering
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE 95,78 FEET ALONG THE ARC OFA
NON-TANGENTIAL CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,798,14 FEET
THROUGH A CENTRAL ANGLE OF 01'26'42' AND BEING SUBTENDED BY A CHORD WHICH BEARS
SOUTH 05'04'45" WEST 95.78 FEET; -
THENCE LEAVING SAID RIGHI -QF:WA Y I,.!II!E .sO!.lI!i26'.3.t~ESI.Z59..Z'lfEEI.To.A "'-DIN! ON.
ALINE LYING" 330i=E:~ WEST OF AND PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF SAID
CAMP KEIAS ROAD;
THENCE ALONG SAID LINE SOUTH 00'14'33" EAST 1,537.82 FEET;
THENCE CONTINUING ALONG SAID LINE SOUTH 00'22'10" EAST 2,341.87 FEET;
THENCE LEAVING SAID LINE NORTH 89'29'01' EAST 330.00 FEET TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD (80 FOOT RIGHT-OF-WAY);
THENeE ALONG SAID RIGHT-OF.WA Y LINE SOUTH 00'22'10" EAST 200.00 FEET:
THENeE-tEA\flNG ::.A,u K'l,;HI-Qr-WAY LINE SOUTH 89'29'01" WEST 330.00 FEET TO APOINT ON
A LINE LYING 330 FEET WEST OF AND PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF SAID
CAMP KEIAS ROAD;
THENCE ALONG SAID LINE FOR THE FOLLOWING 9 COURSES:
1. SOUTH 00'22'10" EAST 62.31 FEET;
2. SOUTH 00'30'10" EAST 2.674.23 FEET;
3. SOUTH 00'35'31" EAST 2,684.53 FEET;
4. SOUTH 00'38'11" EAST 2,610.24 FEET;
5. SOUTH 00'30'34" EAST 199.67 FEET;
6. 227.68 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EAST HAVING A RADIUS OF
3,032.95 FEET THROUGH CENTRAL ANGLE OF 04'18'04" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 02'39'36" EAST 227.63 FEET;
7. SOUTH 04'48'38" EAST 400.93 FEET;
8, SOUTH 05'08'04' EAST 83.53 FEET;
9. SOUTH 00"29'16" EAST 167220 FEET;
THENCE LEAVING SAID LINE SOUTH 89"04'49" WEST 604.79 FEET;
THENCE NORTH 47"03'54" WEST 98.67 FEET;
THENCE SOUTH 52'55'08" WEST 8729 FEET;
THENCE SOUTH 06'39'26" WEST 102.55 FEET;
THENCE SOUTH 71'24'17" WEST 367.36 FEET;
THENCE NORTH 19'54'41" WEST 104.73 FEET;
THENCE NORTH 43'05'38" WEST 251.09 FEET;
THENCE NORTH 11"04'29" EAST 79.58 FEET;
THENCE NORTH 05'51 '31" WEST 66.56 FEET;
THENCE NORTH 48'52'26" WEST 332.24 FEET;
THENCE NORTH 74'56'35" WEST BO.29 FEET;
THENCE SOUTH 74'58'06" WEST 235.65 FEET;
THENCE SOUTH 51'40'42" WEST 93.09 FEET;
THENCE SOUTH 21"53'05" WEST 241.50 FEET;
THENeE SOUTH 77'21'09" WEST 341.17 FEET;
THENCE SOUTH 60"48'05" WEST 79.49 FEET;
THENCE NORTH 88'09'54" WEST 265.68 FEET;
THENCE SOUTH 89'36'53" WEST 1,997.38 FEET;
THENCE 77.54 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
WEST HAVING A RADIUS OF 739.73 FEET THROUGH A CENTRAL ANGLE OF 06'00'22' AND BEING
SUBTENDED BY A CHORD WHICH BEARS SOUTH 02'53'58" EAST 77.51 FEET;
THENCE SOUTH 00'38'28" EAST 84.34 FEET;
THENCE NORTH 90"00'00" WEST 71.80 FEET;
THENCE SOUTH 00'38'46" EAST 3,444.22 FEET; ,
THENCE 224.04 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE CONCAVE
WEST HAVING A RADIUS OF 2,721.25 FEET THROUGH A CENTRAL ANGLE OF 04'43'02" AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 01'44'02" WEST 223.98 FEET;
THENCE SOUTH 04'05'59" WEST 217.57 FEET;
7
llI3!Y.ZCCl4- IV230 Vr.lll'- SSTQCl\,...U,1
-
OJ1M1-OOO-lXJl)..O
,1
Agenda Item No. 17e'
May 27, 2008
Page 69 of 91
OESCRIPTION OF PART OF SECTION 4 THROUGH 9, 16 AND 17, TOWNSHIP 4B SOUTH, RANGE 29 EAST, ANO
PART OF SECTIONS 30 THROUGH 33, TOWNSHiP 47 SOUTH, RANGE 29 EAST, AND PART OF SECTION 36,
TOWNSHIP 47 SOUTH, RANGE 28 EAST, COLLIER COUNrl', FLORIDA
EXHIBIT "A" - D.R.I. lANDS (CONTINUED):
WilslinMille,"
.
New Directions In Plmning, Design & EngillOlring
THENCE 153.40 FEET ALONG THE ARC OF A NON.TANGENTIAL CIRCULAR CURVE CONCAVE
EAST HAVING A RADIUS OF 2.2.77.17 FEET THROUGH A CENTRAl ANGLE OF 03"51'35" AND
BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02"1 0'26" WEST 153.37 FEET;
THENCE SOUTH 06"34'56" EAST 1,190.32 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE
OF SAID Oil WEll ROAD (100 FOOT RIGHI-O.E:WAY); _ _m...______
TREI'ICE ALONG SAID RIGHT-OF-WAY LINE SOUTH 88"54'34" WEST 256.81 FEET TO THE POINT
OF BEGINNING.
eONTAINING 4,9 ACRES, MORE OR LESS,
SUBJECT SE NTS AND RESTRICTIONS OF RECORD.
BEAR S D ON THE SOUTH LINE OF SAID SECTION 16 BEING SOUTH 88"54'34"
WE
. .M. LS#5627
CERTIFICATE OF AUTHORIzATION #LB-43
REF: 4H-125, SHEETS 1.5
DATE: AUGUST 29, 2003
REVISIONS: 1. OCTOBER 16, 2003
2. MARCH 3,2004
3, SEPTEMBER 30, 2004
-
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Exhibit "e"
..'............_',...~..,_. -, """-,\1
DEVELOPER CON.rRIBUTION AGREEMENT
AVE MARIA
Agenda Item No. 17e'
May 27,2008
Page 71 of 91
.
THIS DEVELOPER CONTRIBUTION AGREEMENT ("Agreement") is made and
entered into this day of April, 2005, by and between AVE MARIA DEVELOP:MENT,
LLLP, a limited liability Florida Limited Partnership, formerly knowri as New Town
Development, LLLP ("Developer") whose address is 2600 Golden Gate Parkway, Naples,
Florida 34105, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
-- Ff:;ORIDA,- A:~~\1ERNINa-BODY-OF-COllIElt-COtJNTY,-('iCOuntY'f-- Ail
capitalized tenns"not defined herein shall have the same meaning as set forth ill. the Collier
County Consolidated Impact Fee Ordinance, Ordinance No, 2001-13, as amended.
-)
R E C I TAL S:
"WHEREAS, the AVe M?ria Stewardship Co=unityDis1rlct ("District") was created and
established on April 23, 2004, by Act passed by the House of Representatives House Bill 1625,
effective June 17, 2004; and . . . .
WHEREAS, within the 'boundaries of the District, Barron Collier Company has made
available approximately 905 acres to the Ave Maria University, Inc. for the iILstitution and
operation ofa private university known as Ave Maria University with a full slate of
undergraduate, graduate, and professional programs with related cultural, recreatiorial, and other
activities, benefits and programs for providing teaching, research, and public services to
southwest Florida, the State of Flonda, and the Nation; and
WHEREAS,.as set forth in the February 2005 Reco=endations of the Southwest
Florida Regional Planning Council Development of Regional Impact Assessment for the "Town
of Ave Maria," DR! #07-0304-167, there is to be created the 4,995-acre Town of Ave Maria, to
be located just north of Oil Well Road and adjacent to Camp Keais, which proposed Town at
buildout will include 11,000 residential units which will house an estimated 24,200 residents,
690,000 gross square feet of retailfservice, 510,000 square feet of office, 400 hotel rooms, a .
6,000-student university, 450 units of assisted living facilities, 148,500 square feet of civic,
co=unity and miscellaneous facilities, 35,000 square feet of medical facilities, a public K-8
school and a K-12 private school, with a proposed buildout to be completed in two 5-year phases
with construction anticipated to CO=ence in 2006; and continue through 2016; and
WHEREAS, for this development to proceed, substantial road improvements are
required, including the urban four laning of Oil Well Road, with provision for future six laning,
between Imrookalee Road and Camp Keais Road (the "Project"); and
I
WHEREAS, to accelerate these improvements and to facilitate the future four laning of
Camp Keais Road to Immokalee Road, and Immokalee Road north of Camp Keais into the urban
area of Imrookalee, Developer has agreed: (1) to donate certain right-of-way and other
consideration; (2) to fund the cost of designing and permitting the section of Oil Well Road from
Immokalee Road to Camp Keais Road in exchange for impact fee credits; and (3) to provide fill
to the County at its cost, all of which will be of significant benefit to the CoUhty's transportation
network; and
Page 10f8
Exhibit "0"
Agenda Item No. 17e
May 27, 2008
WHEREAS, in addition to the donation of right-of-way and imp~ct fee creditf~g~~~ 91
from the advancement of design and construction of an Oil Well Road segment, the developer
will be paying in excess of Sixty Million ($60,000,000) dollars in road impact fees to pay for the
\ construction of the additional capacity being provided by the widening of Oil Well Road and
other roadways within the area; and
WHEREAS, the Town of Ave Maria will be the first implementation of the Rural Lands
Stewardship Area (RLSA) program, a program which implements the.E!9visions of~hapter.163"_..
--- 3H.7EH)(d)-FloridI1Statutes-(2004);-tlie RLSAprogrambeing an innovative and incentive based
program for planning, protection of natural resources, and development in the rural area of
Collier County, and
WHEREAS, the "RLSA" program has significant public benefits for Collier County and
. the Immokalee area: and .
WHEREAS, the Immokalee area and its economic development will greatly benefit from
the proposed road improvements to Oil Well Road, Camp Keais Road, and Immokalee Road
contemplated hereby;
WHEREAS, the Transportation Administrator has reco=ended to the Board of County
Commissioners that the plan for donation as set forth ill this Agreement ("Propose4 Plan") is in
conformity with contemplated improvements and additions to the County's transportation.
network and that it will be advantageous to the public for Developer to donate and contribute the
right-of-way described herein; and
WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has
authorized the County Attomeyto prepare this Agreement upon the Board finding that:
a. The subject Proposed Plan is in conformity with the contemplated improvements
and additions to the County's transportation system; . .
. b. Such Proposed Plan, viewed in conjunction with other existing or proposed plans,
including those from other developers, will not adversely impact the cash flow or
liquidity of the County's road impact fee trust accounts in such a way as to
frustrate or interfere with other planned or ongoing growth necessitated capital
improvements and additions to the County's transportation system;
. c. The Proposed Plan is consistent with both the public interest and with the
County's existing Comprehensive Plan;
d, Except for the right-of-way donation for which impact fee credits are waived, the,
proposed time schedule for completion of the Proposed Plan is consistent with the
most recently adopted five-year capital improvement program for the County's
transportation system and park system; and
WHEREAS, Developer has paid the Two Thousand Five Hundred Dollars ($2,500.00)
application fee for this Agreement:
Page20f8 .
WIT N E SSE T H:
Agenda Item No. 17C
May 27, 2008
Page 73 of 91 .
NOW, TIffiREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained above aiJ.d herein, and the fact that all of the above recitals are true and COrrect and
shall be fully inco1J'orated herein and form part of the basis for this Agreement, the parties agree
as follows: .
.. -.------t;---Witnin9o-days ffilmtlieeffective date ofthis'Agreeinen~ Developer ~ convey
the right-of-way legally described and graphically depicted in Composite Exhibit "A" ("Donated
Land'') to the County for the widening of the road segments. This conveyance shall be at no cost
to the County. The Donated Land will be sufficient to provide a two hundred (200') foot wide
corridor for said roBd segments and will allow reconfiguration of the intersection of the Camp
Keais and Tmmobl",. Rn.c1. D~"eIQPW: shaY eol'tVq tho;; DulJ.l11ed Land 10 the County In fee
simple, free and clear of allliensandeIicumbrances; by statutory warranty deed, the form. of
which is attached hereto as Exhibit "B", The County will be responsible for paying the costs of
any title. work and searches, and Developer shall be responsible at all costs for promptly'
removing or curing any liens, encumbrances or deficiencies revealed in any title work.
Developer will promptly provide the Office of the County Attorney with an executed deed,
suitable for recording. Upon receipt, the County shall record the deed in the Public Records of
the County. The Developer shall assume all costs associated with the recordation of the deeds. .
Once Camp Keais Road between Immokalee Road and Oil Well Road has been improved and the
intersection of Camp Keais Road and Immokalee Road reconfigured in six lane configuration,
County agrees to abandon any existing right-of-way of the now existing Camp Keais Road and
Immokalee Road that will not be utilized in the reconfigured Camp Keais Road in the vicinity of
said intersection.
. 2. The Donated Land encompasses approximately 156 acres, (approximately 13
miles of road frontage) whose purpose includes creating a 200-foot right-of-way along Oil Well
Road, Camp Keais Road and Iinmokalee Road north of the intersection of Camp Keais Road into
the Immokalee urban area. Developer estimates the estimated current value of the road segments
. right-of-way donation at seven million, eight hundred thousand ($7,800,000) dollars. In addition
to the Donated Land, for the purpose. of providing sufficient stormwater drainage for the portion
of the road segments adjoining the Donated Land, the Developer shall freely provide, at no cost.
to the County and without any impact fee credits, (1) at least 3 acres of suitable land pet mile of
road, or (2) will accept such stormwater into existing Developer-owned or controlled stormwater .
systems, or (3) a proportionate combination of the above at Developer's option, It is estimated
that if the County had to mitigate stormwater for said road adjacent to the Donated Land, it
would be required to acquire approximately 33 acres, Developer estimates the cost savings to the
County of said stormwater mitigation to be approximately $1,500,000: The parties acknowledge.
that the conveyance of the Donated Land is characterized as property rights acquired by a
highway or road agency for the improvement of a road within the boundaries of a public right of
way.
:3, The Developer shall fully pay for the capital costs of traffic signals at any access
point from the Town of Ave Maria on Oil Well or Camp Keais Roads when deemed warranted
Page 3 of8
Agenda Item No. 17e
May 27, 2008
Page 74 of 91
by the Collier County Transportation Department. The signals will be owned, op.erated and
maintained by Collier County,
4. The parties acknowledge thai the land donation made pursuant to this Developer .
Contribution Agreement is an integral part of and a necessary acco=odation to the Collier
County transportation network
5. The Developer has agreed not to receive i.rnJ1act fee.crl:ditafrom.its._donation-of'---. --.-
.---the-Donatetl.Land;""lJUfls uti Ti7ing -tne-donation~as well as the stormwater accorru:O.odation, the
Fill and Design and Permitting as Ii pipelining effort to mitigate the impacts of the Town of Ave'
Maria on the transportation network mpacted by the Town of Ave Maria, together with the other
commitments herein.
" PriGr-to providing the ex""ul"d deed., Developer will provide attorneys' opinions'
identiiYing the record owners of the Donated Land, setting forth the authority of the record owner
to enter into this Agreement, and identifying any lien holders having a lien or encumbrance on
the Donated Land. The opinion will specifically describe each of the recorded instruments under
. which the record owner holds title, each lien or encumbrance, and cite appropriate recording
information and incorporate by reference a copy of all such referenced instruments. The
attorneys' opinions will also set forth the legal authority of Paul Marinelli to execute this
Agreement on behalf of the Developer.
7. Developer has agreed to provide, at its cost to the County, without any impact fees
credits, sufficient fill for the Project and for the future urban design four laning of Camp Keais
Road with provision for six laning, from Oil Well Road to Immokalee Road, then north on
Immokalee Road to the existing four lane section in the Immokalee urban area, upon the
following terms and conditions. Developer has identified a site adjacent to Oil Well Road that.
would be an appropriate site from which to obtain the necessary fill for the Project; the site being
described and depicted in Composite Exhibit "C". Developer will file a conditional use'
application for earth mining on the site. Once the conditional use application is granted,
Developer will provide fill on the site for reimbursement of its cost. Cost shall include the costs
of obtaining conditional use approval, permitting, mining, stockpiling and loading of the fill
material. Fill for the improvements to Camp Keais Road will be provided from an expansion of
the site identified in Composite Exhibit "C" or from another location fairly proximate to Camp
Keais Road, subject to conditional use approval for either alternative, Developer estimates the
cost savings to the County from this provision is approximately $11 million. This commitment
shall expire if the Town of Ave Maria achieves buildout prior to the expansion of Camp Keais
Road,
8, In order to accelerate the Project, Developer has agreed to pay for the cost of
design and permitting for the Project, which is estimated to be six million ($6,000,000) dollars,
which amounts shall be eligible for transportation impact fees as set forth below. Any" mitigation
shall be part of the construction contract and not part of design and permitting. Developer will
provide County with a set of Design Plans which must meet the County's standard requirements
for design plans. County will be provided with 3 0/60/90/1 00% plans for review, and shall have
the right to require public meetings for the 30/60/90% plans, All plans are subject to approval by.
Page 4 of8
--"
.~,
the County, which approval shall not be unreasonably withheld or delayed.
final Design Plans, County will competitively bid out the Project.
Agenda Item No. 17e
May 27, 2008
. Page 75 of 91
Upon receipt of the.
0,
. 9. Once the County hall received final Design Plans and all necessary permits
pursuant to paragraph 8 hereof, County agrees to bid and award a contract to construct the Project
as soon as practicable, but within six (6) months, assuming no bid protest and absent force
majeur, The contract shall provide for the Project to be constructed in three phases as set forth.
below. The County commits that construction of the First andSecond..P.hase....wil1 commence" . ..
.' __within a-oommercially rel!S'ona51y time after award of the contract.
(a) First Phase - Immokalee Road to Everglades Blvd, more or less
(b) Second Phase - Camp Keais Road to Camp Keais Strand. more elf 1"8$
(c) Third Phase -completion of the Project
The Developer commits that its road impact fees through 2007 will equal $6,500,000.
After the payment of $6,500,000 of road impact fees, Developer may utilize impact fee credits
for 50% of road impact fees due from that date until all credits are utilized. The County commits
to construct the Third Phase upon sufficient impact fees from the applicable Impact Fee Districts
being available for said construction. All road impact fees from District 5 and adjoining Impact
Fee Districts shall be prioritized for the Project after the necessary funds to complete the exiSting'
Immokalee Road project. The County, in good faith, commits to complete construction of the
Project by 2010, subject to its road impact fee structurerema;n;ng substRntia11y intact, receipt of
sufficient road impact fees, and delays caused by matters typically considered to be force majeur."
10. The parties are hopeful of obtaining funds from the State of Florida to assist with
improvements to the Road Segments, whether in the form of grants or loans from the State
Infrastructure Bank. Developer agrees to assist County in developing grant and loan applications-
and to use all reasonable efforts to obtain State funding to assist in paying for improvements to
the Road Segments. .
11. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Govemment Development Agreement Act.
12. The credit for the Road Impact Fees identified in this Agreement shall run with
the land identified in Exhibit "D" and shall be reduced by the entire amount of the Impact Fee for
that Public Facility due for each Building Permit issued thereon until the Development project is
either completed or the credits are exhausted or are no longer available, or have been assigned by
operation of or pursuant to an assignment agreement with the County. The foregoing reduction
in the Impact Fee credit shall be calculated based on the amount of the Impact Fees for that.
Public Facility in effect at the time the Building Permit is applied for. The credit shall specify
the sPecific type of Public Facility Impact Fee to which it shall apply (roads) and shall not apply'
to any other type of Public Facility Impact Fee. The burdens of this Agreement shall be binding
upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to
- this Agreement.
Page 5 of8
Agenda Item No. 17e
May 27,2008
13. The amount of road impact fee credits to be granted under this AgtsembRtOig1
approximately SIX :MILUON DOLLARS ($6,000,000). Attached hereto as Exhibit "E", in
recognition of the developer contribution herein, is a copy of the Impact Fee Ledger setting forth
the amount of Road Impact Fee Credits granted pursuant to this Agreement, which will be
adjusted based on final costs for design and permitting.
14. Developer acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not relieve either the applicant or owner, Q!_their..s~cessors-or--'" -
.____assigus.-of1he.necessity-of-complying willi any law, ordinance, rule or regulation governing said
- permitting requirements, conditions, terms or restrictions.
15. The terms of this Agreement are intended, along with the payment of all
applicable impact fees, to meet the requirements of Section 9J 2.045, Florida AdminimT.f;vp.
Code, including fulfilling the D'i:v!llopcr's pwpulliunate share obligation and providing full .
IDltigation for the Town'of Ave Maria impacts on the regional road network. Developer's
commitments herein include "Pipelining" the construction of a critical link in the County's road
network; and providing additional cost saving benefits to future road segments impacted by the
Town of Ave Maria.
16. The pipelining option is an approved form of mitigation which provides for the
aggregation of a project's incremental impacts on a number of roadways, resulting in an
improvement on one ( or more) of the impacted roadways. This concept allows for the provision
of roadway capacity, when it might not otherwise be provided. Through pipelining, a roadway
improvement is constructed, building the capacity needed to m.intJlin concurrency. In order to
facilitate the use of the pipelining option that in this case causes a major roadway improvement
to be constructed in advance of the Proj ect' s impacts, and in order to ensure a consistent road
impact fee revenue stream, the County is entering into an Interlocal Agreement with the Ave
Maria Stewardship Co=unity District ("District") whereby the County will reserve to the
District sufficient capacity on the County's road public facilities to complete the buildout of the
Town of Ave Maria.
17, In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with .
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is
necessary to comply with such laws, in a manner which best reflects the intent of this Agreement.
18, Except as otherWise provided herein, this Agreement shall only be amended or
cancelled by mutual written consent of the parties hereto or by their successors in interest.
19. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement.
Developer shall pay all costs of recording this Agreement. A copy of the recorded document will
be provided to Developer upon request.
20. In the event of a dispute under this Agreement, the parties shall first use the
County's then current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
Page 6 of 8
- -0- - .:-- -
Agenda Item No. 17C
May 27, 2008
Page 77 of 91
County 10 enforc~ the terms of this Agreement. said remedy being oumulative with 8
other remedic& available to the parties for the enforcement of this Agreement.
21. kly future reimbursement for exces5 CfClilu sh~mo..ftcm.Juture_1
the County of Road 1mp~t Feel, However, no reimhursemcmt shall bo paid until such
development, as defmed by the Transpotiatlon Adminimator at the loeation that wai
the credit. has been completed, Such rei.mbursoment shaU be made over a period of fiv
from the oompletion of the Development.
-
ll. An annusl reviewmd audJ.l of. per:fonu~o unl1erthia Agrmmm
performed by the County to determine wheth8r or not there has been demonstrated
compliance with the terms of this Agrecmumt and to report the credit applied toward ~
road impact fees arid tho balance of available unused credit If the Collier Count~
Commissioners finds. on the basis of s\Lbstantial competent evidence, that there has bel
to comply with the terms of this Agreement, the Agreement may be revoked or I
modified by the County.
...-....
23. This Agreement and the commitments herein iball become effective
DRl Development Order, SRA designation for tho Tcwn of Ave Maria and Arm1
Bngillll8rB permit for the Town of Ave Maria become flnalll1'ld effective. If the To
Maria DRl or BRA do not become final, or the ACOB pennit for the Town of Ave r.,.
received and become effective before December 31, 2000, this Agreoment!U1d all,
hereunder shall be null and void provided however, !hat Developer will retain the
S6,OOO,OOO in impact fM credit/; roceived in ~chango for tho Design Plans and Permil
impact fOil credits may be utili2:e.d immediately.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to 1::
by their appropriate officials, as of the date first a.bove written.
Attost: . ,
DWIGHT B.;:ia~a& Glerk
". .l _'.
~,... .'.,.,;.
By: -/ "-'" .
'.; It#!st':: '3i ~
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BOARD OF COUNTY COMMlSSIONB
COLLlER COUNTY, FLORIDA,
By: ~W. ~
FRED W. COYLE, Ch!U\'m
A VB MARlA DEVELOPMENT, llLP,
limited liability limited partnership
11., ~/J- ~J4
Print Name: ~I[ll-'" ~~,L
B'~~= .
By. ,.' ~4
Paul Marinelli
-". - " .
http://www.c1erk.collier.fl.usIWEBLINKIDocView.asp?Documentm=17~1 hRoF(\lti,.~m=l '<;1"1 n(\(\~
Agenda Item No. 17e
May 27, 2008
Page 78 of 91
)
STATB OF FLORIDA
COUNTY OF COLLIER
. The foregoing iIistrument WlIB acknowledged before me thisJd
mAY , 2005, by Paul Marinelli, as ~~r..f!ijr:r5rI
Development, LLLP, He is [~CI'sQnally known to me, orTIhas produced driver's
as identification.
111" 911ffici=y:
\ 0~dOA.~~. L~
lU'~rtA.A. Al<EAS
Nallle:
(T)'pe or Print)
My Commission Expires: FQ3.10, '2..ro
(SEAL)
NOTARY PUlIUc. S'W'E OF FLOIlIDA.
Tran. A, Akers
c;omalllsloa jlDllS9a!98
~1l'Ml FSll, 10, 2OQ9
Thn All...1iA 1..llfnlCo"lM.
, Uislanl County Attorney
http://www.clerk.coIlier.fl.usIWEBLINKJDocView.asp?DocumentID=17516&Foiderm=l... fin' I?nn<;
Agenda Item No.1 00 '
l\gend^/>WI'>l~'20lJSC
~~o;'.@@8
Page 79 of 91
-
INTERLOCAL AGREEMENT
RESERVATION OF StiFFICIENT ROAD PUBI.-IC FACll.ITIES
"
,
;
!
THIS lNTERLOCAL AGREEMENT ("Agreement") is made and entered into this _
day of April, 2005, by and between THE BOARD OF SUPERVISORS OF THE A VB MARlA
STEWARDSHlP COMMUNITY DISTRICT, hereinafter referred to as "District," an
independent special district created by and established by and in Chapter 2004461, Laws of
.El.Qrida (2004). and...THE..B0AR.D.OF-COtJN1Y--GOMMlSSIONERS-BFC0'[i:jER -cOlJNrY;---
..--- FLORIDA, AS THE GOVERN'ING BODY OF COLLlER COUNTY, hereinafter referred to as
"County," All capitalized terms not defined herein shall have the same meaning as set forth in
the Collier County Land Development Code as of the' date hereof and Chapter 2004-461, Laws
of Florida (2004),
R-E-et'r A L oS:
WHEREAS, the Ave Maria Stewardship Community District ("District") was created
and established on April 23, 2004, by Act passed by the Florida Legislature, Chapter 2004-461,
Laws of Florida (2004); and
WHEREAS, within the boundaries of the District, Barron Collier Partnership, LLLP has
made available approximately 905 acres to the Ave Maria University, Inc., for the institution and
operation of a private uni versity known as Ave Maria University with a full slate of
undergraduate, graduate, and professional programs with related cultural, recreational, and other .
activities, benefits and programs for providing teaching, research, and public services to
southwesi Florida, the State of Florida, and the Nation; and
WHEREAS, as set forth in the February 2005 Recommendations of the Southwest
Florida Regional Planning Council Development of Regional Impact Assessment for the "Town
of Ave Maria," DR! #07-0304-167 and proposed DRIDevelopment Order, there is to be created
the 4,995 acre Town of Ave Maria, to be located just north of Oil Well Road and adjacent to
Camp Keais, which proposed Town at buildout will include 11,000 residential units, 690,000
gross square feet of retail/service, 510,000 square feet of office, 400 hotel rooms, 6,OOO-student
university, 450 units of assisted living facilities, 148,500 square feet of civic, community and
miscellaneous facilities, 35,000 square feet of medical facilities, a public K-8 school and a K-12
private school, with a proposed buildout to be completed in two 5-year phases with construction
anticipated to commence in 2006, and continue through 2016; and
WHEREAS, for this development to be built out, substantial road improvements are
required, including four lane improvements to Oil Well Road between Immokalee Road and
Camp Keais Road (the "Project"); and
WHEREAS, to accelerate these improvements and to facilitate the future four laDing of
Camp Keais Road to Immokalee Road, concurrent with the execution of this Agreement, the
County has entered into a Developer Agreement with Ave Maria Development, LLLP (the
"Developer"), wherein the Developer has agreed: (1) to donate an estimated $7,800,000 in
certain right-of-way and provide for stonn water management adjacent to .said right of way
Exhibit "E"
Agenda Item No. 1..p);l
Agenda .-'\ilffi ~. 2Cli%
fVl3l1gw i:tlfQt6
Page 80 of 91
donation and other substantial consideration; and (2) to design and permit the four Janing of a
section of Oil Well Road from Immokalee Road to Camp Keais Road for impact fee credits; all
of which will be of significant benefifto the County's Transportation network; and
WHEREAS, in addition, the donation of right-of-way and impact fee credits resulting
from the advancement of design and constroction of an Oil Well Road segment, the developer
will be paying in excess of $60 million dollars in road impact fees to pay for the construction of
.._._.___Jh~additionaLcapacity-being.provided-by-the--wideningof--eii-WelI-R:O"adanaotller roadways-- ~
within the area; and
WHEREAS, the Developer and County would not be accelerating the widening of Oil
Well Road, and Developer would not be providing the County with substantial free right-of-way
and other valuable considerations, but for the fact that Deve]oper is building a new Universitx
."rl Tlni~ty-l'..ewn in castem---eotli"l County, willcn universIty will greatly enhance the
economic and cultural life of the citizens of Collier County; and
WHEREAS, the Town of Ave Maria will be the first implementation of the Rural Lands
Stewardship Area (RLSA) program, a program which implements the provisions of Chapter 163-
3177(ll)(d) Aorida Statutes (2004); the RLSA program being an innovative and incentive based
program for planning, protection of natural resources, and development in the rural area of
Collier County; and
WHEREAS~ the "RLSA" program has significant public benefits for Collier County and,
the Immokal ee area; and
WHEREAS, the Irnmokalee area and its economic development will greatly benefit from
the proposed road improvements to Oil Well Road and Camp Keais Road; and
WHEREAS, given that the estimated buildout of the-Town of Ave Maria may exceed ten
years, there is a substantial concern by all parties that other property owners will take advantage
of the improvements to Oil Well Road and that their developments wiil utilize all available road
capacity to meet their concurrency neecls prior to the completion of the buildout of the Town of
Ave Maria; and
WHEREAS, the parties agree that:
(a) Collier County, by virtue of Section l(t), Article vm of the Aorida Constitution.
Chapter 125, Aa, Stat., and Section 163.D1, Aa, Stat., is a public agency with the power to
reserve to the District by interlocal agreement sufficient capacity on Coliier County's road public
facilities to complete the buildout of the Town of Ave Maria;
(b) The District, pursuant to Ch. 2004-461. Laws of Aorida, has the expressed
authority and duly to determine whether the exercise of any of its general and special powers in
carrying out its single limited and specialized purpose (provision of infrastrocture to the Ave
Maria Community) would interfere with reservations of sufficient road public facilities by the
2
. "-:, '-' - -. - - '_ _ . -' I. "- ~
f~e~Jla~rJ~~
Pagtpgfl~
~
County and has the duty to determine that any, of. the District's activities would not be
inconsistent therewith;
')
(c) Both the County and the District are public agencies which have certain rights,
powers, privileges and authority, shared in common, which each exercises and may exercise
,
separately;
(d)_~ach...has..the..powe!ll-enumerated-abave which-it can-exercise separately 1hat;-by-----
interlocal agreement, the parties may exercise jOintl1; :
(e) Administration of this Agreement will be by the County Manager or his or her
designee as approved by the Board of County Commissioners of Collier County and by the
District Manager or his or her designee as approved by the Board of Supervisors of the District;
(f) The County and the District can use 'their respective powers held in common by
cooperating with each other on a basis of mutual advantage;
i
(g) That which induced the parties to bind themselves to this Agreement is their
reliance upon and authority under the Florida Interlocal Cooperation Act of 1969, as amended,
section 163,01, FS, to make the most productive:, accountable, fair, responsive, timely and
efficient use of their respective powers, and other good and valuable consideration. The essence
of this Agreement is a simple and informal divisiorl of duties by which the District provides to
the County written assurance when requested by the County that any finaJlocal development.
order of the Developer is within the final approved DRl Development Order with specific
reference to the reservations by the County of sufficient road public facilities; and
WHEREAS, after careful consideration and duly held public hearings on this matter by
both the County and District, the County and District have found that:
(a) This Agreement furthers the public purpose of the District and the County, their
constituents, taxpayers; local owners and residents, both present and future, and the Collier
County community as a whole; and
(b) The public will reap significant advantages associated with and emanating from
this Agreement,
W ITN E S S'ETH:
i-.
NOW, THEREFORE, in consideration of [Ten Dollars ($10,00) and other good and
valuable consideration exchanged amongst the parties, and in consideration of the covenants
contained herein, the parties agree as follows: I : ". .
,
1. All of the above RECITAlS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
3
,
)
AAgendafi1tem O~1 P
genda ffl. , ~
Pag ~ 0 ~V
\
2, This Agreement is' emered into pursuant to the provisions of Section 163.01,
Florida Statutes and Chapter 2004-46~, Laws of Florida (2004),
3, The parties have entered into this Agreement in good faith and covenant to
cooperate with each other in order to fulfill the intent of this Agreement so as to better serve the
residents of Collier County.
4._The.. proposed-plan-ofdevelopment-for-the- ToWll' of-Ave-MariaatOWldout ii-'--
attached as Exhibit "A." Upon the issuance of the final DR! Development Order, and any
amendment thereafter, Exhibit "A" will be modified to confonn. The proposed phases and
anticipated timeline for build-out of the Town are attached as Exhibit "B."
5. The County understands and agrees that .the_phases and timeIines set forth in
"F'xnibit ":a" ar-e-merely-an--estimate v[ ..b.vrptioIrbas&! on current condinons, and from a
Development of Regional Impact perspective, the controlling time for buildout is the termination
date of the Town of Ave Maria DR! Development Order, in this instance June 30, 2020. Further,
County understands and agrees that permitting issues, mobilization difficulties, and lack of
momentum could delay substantial development during the early years, and that the timelines
and phasing schedules (phases and timelines in Exhibit B) are subject to market conditions and
economic cycles beyond control of District or Developer,
6. Until the termination date of the proposed Town of Ave Maria DR! Development
Order on June 30, 2020; and provided that the University is constructed in-substantial conformity'
with the proposed DR! Development Order, County will reserve to the District sufficient
capacity on Collier County's road public facilities to complete the buildout of the Town (If Ave
Maria, It is understood that.the Town of Ave Maria will be built in phases. As each final local -
development order is issued for each phase, a certificate of publfc facility adequacy will be
issued, and transportation impact fees paid, in the manner then set forth in the Collier County
Land Development Code, and the reservation of such capacity to the District of road-public.
facilities will be reduced by a like amount. Each time a tinallocal development order is sought
for a project within the District, County may request that the District provide the County with
written assurance that such final' local development order' sought conforms to' the Final
Development Order.
7. Following the seventh anniversary date of approval of the final DR! Development
Order, County shall conduct a review of performance under this Agreement to determine
whether or not there has been demonstrated good faith compliance with the terms of this
Agreement and .that the project is proceeding in a timely manner to buildout If the Collier
County Board of Commissioners finds, after consultation with the District, on the basis of
substantial competent evidence, that there has been a failure to comply with the terms of this
Agreement, or that the construction of the Town of Ave Maria is not proceeding in a
substantially timely manner to buildout, the Agreement may be modified or terminated by
agreement of the parties, The term substantially timely manner, as used herein, shall mean that
development is proceeding in a manner that buildout of the amount of development authorized
by the DR! Development Order could rationally be expected on or before the termination date of
the DR! on June 30, 2020, Upon termination of this Agreement, any unused capacity reserved
4
- rl" , '--'-:-':.
~a~.f;I-
~ for public facilities will be released, lII1d made available for other development in the area, with
. future development of the Town of Ave Maria on an equal footing with all other development as
to compliance with the County's concurrency requirements. .
8. If the Collier County Board of Commissioners finds that good faith compliance
with the terms of this Agreement has been demonstrated, and that the construction of the Town
of Ave Maria is proceeding in a substantially timely manner to buildout, then the County shall
--.continue.te~resel'Ve-the-remaining- unused-capacity1hrouglrbuildout-of"thcc-on-SttiIcttQn'eirme-------"-'"
Town of Ave Maria, to be utilized in the same manner as described in paragraph 7 above.
9. This Agreement does not create or contain any vested rights for the District or the
Developer. This Agreement is personal to the District, and may not be assigned, either in whole
or in part, The District's sole obligation pursuant to this Agreement is to give County written
---------asgunmc, ",he.11 ,,,,,-!uc:.lc:J L!la. any final local development order sought is within the final
approved DIn Development Order,
10. In the event state or federal laws are enacted after the execution of this
Agreement, which are applicable to and preclude in whole or in part the parties' compliance with
the terms of this Agreement, then in such event this Agreement shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this
Agreement.
,--'-
11. The duration of this Agreement shall be fol'" so long as the District, or its.
successor-in-function, is functional andlor in existence. Otherwise, this Agreement shall only be
amended or terminated by the parties hereto upon mutual written agreement.
12. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement. District
shall pay all costs of recording this Agreement. A copy of the recorded document will be
provided to District within 15 days of recordation.
13. This Agreement shall not be construed or characterized as a development
agreement under the Florida Government Development Agreement Act.
14. . The parties specifically acknowledge that the Collier County Subdivision
Regulations, the Collier County Building Codes, the Collier County Land Development Code, all
as amended, and their success.ors-in-function, are "governmental, planning, environmental and
land development regulation," and will be so recognized in light 'of any future analysis of
Chapter 2004-461, Laws of Florida (2004),
15. The parties confirm, agree and acknowledge that the Town of Ave Maria's SRA
Development Document and Collier County's Growth Management Plan, Land Development
and Building Codes, all as amended, and their successors and function, will and shall control
development within the District in accordance with the provisions of Chapter 2004-461, Laws of
Florida (2004)..
5
)
"
~~~Re5' _~fJ
"
16, District acknowledges that the failure of this Agreement to address any permit,
condition, term or restriction shall not. relieve either the applicant or owner, or their successors or
assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said
permitting requirements, conditions, terms or restrictions.
17. In the event of a dispute under this Agreement, the parties shall first use the
County's then-current Alternative Dispute Resolution Procedure. Following the conclusion 0[___
-this-pr.ocedure,either-party-may-file-an action forinjum:tlve relief In ffieCircUlt Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
18, This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida. The parties intend that the terms, and conditions and rovis'
A-greem n 0 I may on y e amended or modified in writing, executed duly
and validly by the parties in a timely and reasonable manner. Any waiver at any time by either
party hereto of its rights with respect to any matter arising in connection with the Agreement
shall not be considered a waiver of such rights or matters by either party at any subsequent time.
This Agreement shall take effect on the date above written and shall continue in effect until the
parties mutually determine that it is no longer needed or until termination pursuant to the terms
hereof,
19, This Agreement and the commitments herein shall become effective"when-the
DR! Development Order, SRA designation for the Town of Ave Milria and ACOE permit for the '. ...
Town of Ave Maria become final and effective. If the Town of Ave Maria DR! or SRA do not
become final, -or the'ACOE pennit"for the Town of Ave' Maria is not received'and become
effective before December 31,2006, this Agreement and all obligations hereunder shall be null
and void.
20. Under Section. 163.01(6)(7), FS,' the parties agree that-administration of this
Agreement, including any implementing and practical procedures, shall be effected jointly by the
County Manager or his designee and the District Manager of his designee with periodic reports
to both boards. Written notice if and when appropriate shall be given to the parties at the
following addresses or such other person or place as each party shall designate by similar notice.
As to the District:
Peter L. Pimentel, District Manager
Sr...cial District Services, Inc.
11 000 Prosperity Farms Road, Suite 104
Palm Beach Gardens, Florida 33410
..
.::~.
As to the County:
James V. Mudd
Collier County Manager
3301 East Tamiami Trail
Naples, Florida 34112
(Remainder of Page Left Intentionally Blank)
6
........0........""...........
Agenda Item No. 17e'
May 27,2008
Page 85 of 91
-
OR: 380:-,
, )
IN WITNESS WHEREOF, the p&.rties heretD have caused this Agreement to bl
by their appropriate of:fi.~ltJa, a.s oIthe date finlt above written.
BOARD OF coUNtY COMMISSIONE
COLLIER COUNTY, FLORIDA.
Attest:
~~
A&sistltDt District S wy
B~~ ~JUf---
A VB MARlA STEW ARDSHlP COMMl
DISTRICT A .
By:~u~~f ~~
Cha.innll1l of the Board of Supervisor
mcien~y:
:A.'l'1 OF FLORIDA
COUNTY OF LEON
Acknowledge.d and e.xscuud befo
lXIlY of May, ZO~ by K.en.f,
~ lU. tr~
Not&ry Public
, ~iI I D D >.!: \
http://www.clerk.collier.fl.usIWEBLINK/Doc View.asp?DocumentID=1751 nRr.F"lrl,..rffi=l I'.n 1 nt)t)'"
I
Agenda Item No. 10D
A ~ . as OOCl~
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I, Page 86 0 9
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::::~:::::::::::::::::::::::::::~::::::;:::::::::~:fi::::~i:C;:::~~:~6-::::::::::::::::::::::::::ir::::::::::::
DfIIllAND USE SUMM"RY ::
:IIMJ! UNIVU8rT'l'r&CHOO1.I IliAC :1
"
. QalDIIIfT\ll. a.nt AC ~-am Jt~8A DESIGNATIONS ::
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MAP H
_ DIIYm.llI'IIEHT PUll
TOWN OF AVE MARIA
PREPAR!ll FOR: IIIW TCJWII Dl!VaOPlllENT, lll.P
......
_._._.-
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Ph... Ph_
One Sub Two Sub
Total Total
-...---..-- ..JII...urem.nt_ ~O6~ _(2lML- -.J;:lnal_ -...-.
Land U.. Description Units 2011) 2016) Total
Reslden~aJ Dwelling Units 6,010 4,990 11,000
Assisted LIving FacUlties Beds 0 450 450
Retail, Entertainment'Service Square Feet 361,900 322,100 6110,000
rOTeSSlonal urnce \<.:ieneraVMeOICal/~lnanclal, ate:) Square Feet :l711,OUUI , 510,000
Civic/Community/Miscellaneous (I. Square Feel 115,500 33,000 148,500
Medical Facilities Square Feet 15,000 20,000 35,000
Hotel Rocms 110 290 400
University Students 3,150 2,850 6,000
K-12 Schools IPMvate and Public) (2) students 1,120 1.1180 3,100
Table 21.1
Development Parameters
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--.
t~~I\~ \0 f
Agenda Item No. 17e
May 27, 2 08
Page 88 0 91
DEVELOPMENT ORDER ,,0, 08-
RESOL\.1TION NO. 08._
A RESOLUTION AMENDING RESOLUTION NU]vIBER OS.
235 (DEVELOPMENT ORDER NO. 05-(1), AS AMEl'-'DED.
FOR THE TOWN OF AVE MARIA DEVELOPME'IT OF
REGIONAL IMP,v'l ("'l)RJ"") BY PROVIDING FOR:
SECTION ONE. AMENDMENTS TO DEVELOPMENT
ORDER BY REVISING THE AFFORDABLE HOUSING
SECTION; SECTION TWO. FINDINGS OF FACT; SECTION
THREE CONCLUSIONS OF LAW; AND SECTION FOUR,
EFFECT OF PREY101'SLY ISSUED DEVELOPMENT
ORDERS, TRANSMITTAL TO DEPARTMENT OF
COMMUNlTY AFF A1RS AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County approved
Resolution No. 05~235 (Development Order No. 05-01) \vhich approved a Development
of Regional Impact (DRI) known as the To\\'n of Ave Maria DRI on June 14, 2005; and
WHEREAS, the real property which is the subject of the Development Order is
legally described and set forth as Exhibit A to Resolution No. 05-235 (Development
Order No. 05-01), as amended 10 correct a scrivener's error by Resolution No. 05.377
adopted on November 1, 2005; and
\VHEREAS. Subsubsection 380.06(l9)(c)(2"I(k), Florida Statutes, as amended by
Section 8 of Chapter 2007-198, Laws of Florida. provides that a change to a development
of regional impact to permit the sale of an affordable housing unit to a person who cams
less than 120 percent of the area median income is not a substantial deviation, provided
the developer actively markets the unit for a minimum period of 6 months, is unable to
close a sale to a qualified buyer in a kn\'er income quaiiiied income dass, a certificate of
occupancy is issued for the unit. and tlJ'3 dc\'c1oper proposes to sell the wlit to a person
who eams less than 120 percent of the area median income at a purchase price that is no
greater than the purchase price at v.:hich the unit was originally marketed to a lower
income qualified class; and
'NHEREAS, George L. Varnadoe, Esq. afChcffy, Passidomo, Viilson & Johnson,
I....LP. representing Ave Maria Dc\'clopmcnt, LLLP, has pctitionetl the Board of County
Commissioners to amend the TaWil of Ave Maria Development Order; and
WHEREAS, the Collier County Planning Commission has reviewed and
considered the proposed amendment and held a public llCaring on April 17. 2008; and
Ave Maria, DOA-2007-AR-12651 1
\\' oids -5~fffilgfl are deleted~ words underlL~Kq arc added.
Revised 4.23.08 Jill
Agenda Item No. 17e
May 27, 2008
Page 89 of 91
\VHEREAS. the Board of County Commissioners o[Collier County has reviewed
and considered the proposed amendment and the report of the CoHier County Planning
Commission and held a public hearing on May 27, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER
A. Paragraph 1, "Affordable Housing," of the Conclusions of Law Section of
Resolution 05-235 (Development Order No. 05.01), as amended, for the Town of Ave
Maria DR! is hereby amended to read as follows:
G. Anv affordable housing unit that is COllslructed to satisfy the Low
reouirements of this development ord_er may he sold 10 a person in the next-hi~her
income class after written notification bv developer to the Director of the Collier County
DCDartmcnt ofHouSl11* angJJunliLn S(,l:yi~~ demonstrating satisfaction Qf th~_jJillO\ung
conditions with respect to the oarticular unit: i) that the developer has actively marketed
the unit for a minimum Defiod of 6 months: ii) that the develoner is unahle to close a sale
~-
to a aualified huver: jij) th3.i a certificate of oceuQancv has_heen issued l'()r: the unit: and
jv) that the deveJoncr nronoses to sell the unit to a person in the next-hil!her income class
~t a purchase orice that is no greater than the purchase mice at which the unit was
oricinallv marketed to a lower income aualificd class. The written notification shall
contain documentation of active fIlarkcting of the unit for a minimum of 6 months and
maY contain affidaviHsL narrative exnlanations an_Q copif;2 ofc~bgr...m.'!lli:;::tim! materials.
in order to demonstrate satisfaction of the forc2:oinQ conditions. Illf..Purchase price for a
bll \'.fLir:Ll~llC'X 1-11: \: l1l~LJm:~1m c~.!12.-,,~JJ4JU!e no g!:(:_~!!t;L.lhmLlbJ;:..J}l!r(:i1;1:".c _.p'rj~:_(' at
whliJJ-1.h_l' unit was ()rjg)JJ~il\' m~1!:.I:-_~Is,~] t(1 a lower income Gltaiiiicd class. Nothinc herein
~E!lLbs:.ln.L~mrctcd to g..lhn\' !IF sak___Qf (In--,U].Q1:U:1hlc housil10J.uit to 1LJ'.Io'lS_Q_[L}_~~b.059
jDr_~m-'.f:..~~~~.;;'iliJ~~~~,....pL!h~'_ ,lr'~';UJ1(:~Liall
unit is ultimately sold to a buyer in a hil2.her income grOllD-!h~.sill-,ilb-'----lll.arkete~till
3CC.9rd :lilt: c \\ it tUJlis_fil!Jlii.f:r1iQILl,Jl:.:..JIJt....\J}~~~.t.wrif..ti!2.!l. rCY1!(LgJ.lf1J.L'i-ill2nJj~i!b!c-_tQ tl)l:
income category for which the unit was ori!!inal1v marketed sha!~
Ave fvfaria, DOA-2007~AR-J2651 2
Words str~:::;l: threHgfl are deleted~ wOrds!!!J5!~[1.in~q arc added.
Revised 4-23-08 KD
Agenda Item No. 17e
May 27, 2008
Page 90 of 91
SECTION TWO: FINDINGS OF FACT
1. The proposed changes to the previously approved DRI do not meet or
exceed any of the criteria listed in the DRl Development Order or in Subsection
380.06(19)(b), Florida Statutes.
2. The proposed changes to the previously approved DRI are in accordance
with Subsubscction JSO.06(19)(c)(2)(k). Florida Statutes.
3. The applicant submitted to the County the application and materials
required for amendment of a development order in accordance with the local government
procedures in accordance '\vith Subsuhsection 380.06(19)(c)(2), Florida Statutes.
4. The application is in accordance with Section 380.06(19), Florida
Statutes.
5. A comprehensive review of the impact generated by the proposed changes
to the previously approved development has been conducted by the County's
departments, and has established that the changes result in a reduction of the project's
impacts.
6, The development is not in an area designated an luea of Critical State
Concern pursuant to the provisions of Section 380.06, Florida Stalwes. as amended,
7. No increase in development intensity is authorized by this Development
Order.
SECTION THREE: CONCLUSIONS OF LAW
1. The proposed changes to the previously approved Development Order do
not constitute a substantial deviation pursuant to Subsection 380,06(19), Florida Statutes,
and do not require a notice of proposed change pursuant to Subsubsection
380,06(19)(e)(2), Florida Seatutes. Tbe scope of the development to be permitted
pursuant to this Devdoprnent Order Amendment includes operations described in the
Application for Public Ikaring.
2. The propClsed changes to the previously approved development will not
unreasonably interfere 'with the achievement of the objectives of the adopted State land
Development Plan applicable to the area.
AvcM:l1ia, DOA.20U7-AR-12651 1
Words ~:-.~::~: :~'u"i~h arc delctcd~ v.'Ords J..:.ndcr\meg are added.
Revised 4-23-08 KD
Agenda Item No. 17e
May 27, 2008
Page 91 of 91
3. The proposed changes to the previously approved development order are
consistent with the Collier County Gro\vth Management Plan and the Collier ComIty
Land Development Code adopted pursuant thereto.
4. The proposed changes to the previously approved development aTe
consistent with the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE
1. Except as amended hereby, Development Order No, 05-01, as amended,
shall remain in full force and effect, binding in accordance with its terms on all parties
thereto. This amended Development Order shall take precedence over any of the
applicable provisions of previous development orders which are in conflict hercv.ith.
2. Copies of this Development Order Number _ (Resolution Number
shall be transmitted immediately upon execution to the Department of
Community Affair~ Bureau of Land and Water Management, and the South\\'cst Florida
Regional Planning Council.
/-
3.
This Development Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of
this Board.
This Resolution adopted this 27th day of May, 2008, after motion, second, and
majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COM\lISSIONERS
COLUER COUNTY, FLORtDA
BY:
TOM HENNING. CHAIRMAN
Approved as to form
and leg::d sufficiency:
Marjorie ~'1. Student-Slirling
Assistant County Attorney
----
Ave Ma:ia. DOA-2007-j\R~1265J 4
Words 5-rffiel:4hreugh are deleted; words underlined are added.
Revised 4.23.08 KD