Resolution 2008-153 (D.O. 08-01)
DEVELOPMENT ORDER NO. 08- 01
RESOLUTION NO. 08- 153
A RESOLUTION AMENDING RESOLUTION NUMBER 05-
235 (DEVELOPMENT ORDER NO. 05-01), AS AMENDED,
FOR THE TOWN OF AVE MARIA DEVELOPMENT OF
REGIONAL IMPACT ("DRI") 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 PREVIOUSL Y ISSUED DEVELOPMENT
ORDERS, TRANSMITTAL TO DEPARTMENT OF
COMMUNITY AFFAIRS AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County approved
Resolution No. 05-235 (Development Order No. 05-01) which approved a Development
of Regional Impact (DRI) known as the Town of Ave Maria DRI on June 14,2005; and
WHEREAS, the real property which is the subject of the Development Order is
legally described and set forth as Exhibit A to Resolution No. 05-235 (Development
Order No. 05-01), as amended to correct a scrivener's error by Resolution No. 05-377
adopted on November 1,2005; and
WHEREAS, Sub subsection 380.06(19)( e )(2)(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 eams
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 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 marketed to a lower
income qualified class; and
WHEREAS, George L. Varnadoe, Esq. ofCheffy, Passidomo, Wilson & Johnson,
LLP, representing Ave Maria Development, LLLP, has petitioned the Board of County
Commissioners to amend the Town of Ave Maria Development Order; and
WHEREAS, the Collier County Planning Commission has reviewed and
considered the proposed amendment and held a public hearing on April 17, 2008; and
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WHEREAS, the Board of County Commissioners of Collier County has reviewed
and considered the proposed amendment and the report of the Collier County Planning
Commission and held a public hearing on 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 I, "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 DRI is hereby amended to read as follows:
G. Any affordable housing unit that is constructed to satisfy the Low
requirements of this development order may be sold to a person in the next-higher
income class after written notification by developer to the Director of the Collier County
Department of Housing and Human Services demonstrating satisfaction of the following
conditions with respect to the particular unit: i) that the developer has actively marketed
the unit for a minimum period of 6 months; ii) that the developer is unable to close a sale
to a qualified buyer; iii) that a certificate of occupancv has been issued for the unit; and
iv) that the developer proposes to sell the unit to a person in the next-higher income class
at a purchase price that is no greater than the purchase price at which the unit was
originall y marketed to a lower income qualified class. The written notification shall
contain documentation of active marketing of the unit for a minimum of 6 months and
may contain affidavit(s). narrative explanations, and copies of other marketing materials,
in order to demonstrate satisfaction of the foregoing conditions. The purchase price for a
buyer in the next-higher income group shall be no greater than the purchase price at
which the unit was originally marketed to a lower income qualified class. Nothing herein
shall be interpreted to allow the sale of an affordable housing unit to a person whose
income exceeds 120% of the area median income. In the event that an affordable housing
unit is ultimatelv sold to a buyer in a higher income group than originallv marketed in
accordance with this subsection l.G.. the deed restriction requirements applicable to the
income category for which the unit was originally marketed shall apply.
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SECTION TWO: FINDINGS OF FACT
I. The proposed changes to the previously approved DRI do not meet or
exceed any of the criteria listed in the DRI Development Order or in Subsection
380.06(l9)(b), Florida Statutes.
2. The proposed changes to the previously approved DRI are in accordance
with Subsubsection 380.06(19)(e)(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 with Subsubsection 380.06(19)(e)(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 Area of Critical State
Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended.
7. No increase in development intensity is authorized by this Development
Order.
SECTION THREE: CONCLUSIONS OF LAW
I. 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 Statutes. The scope of the development to be permitted
pursuant to this Development Order Amendment includes operations described in the
Application for Public Hearing.
2. The proposed changes to the previously approved development will not
unreasonably interfere with the achievement of the objectives of the adopted State Land
Development Plan applicable to the area.
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3. The proposed changes to the preYiously approved development order are
consistent with the Collier County Growth Management Plan and the Collier County
Land Development Code adopted pursuant thereto.
4. The proposed changes to the previously approved development are
consistent with the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDERS, TRANSMITTAL TO DCA AND EFFECTIVE DATE
I. Except as amended hereby, Development Order No. 05-01, as amended,
shall remain in full force and effect, binding in accordance with its terms on all parties
thereto. This amended Development Order shall take precedence over any of the
applicable provisions of previous development orders which are in conflict herewith.
2. Copies of this Development Order Number 08-01 (Resolution Number
cl(Clb'C-IS')) shall be transmitted immediately upon execution to the Department of
Community Affairs, Bureau of Land and Water Management, and the Southwest Florida
Regional Planning Council.
3. This 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
m~ority vote.
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;9WIGHTE':'~OCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY To-k~b
Approved as to form
and legal sufficiency:
UhiriJlw;JifJ &~:;'#h'j.
Marjo' M. Student-Stirling
Assistant County Attorney
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