Resolution 2011-132/DO 11-03
DEVELOPMENT ORDER NO. 11- .03
RESOLUTION NO. 11 - _1_32
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") LOCATED IN SECTIONS 31
THROUGH 33, TOWNSHIP 47 SOUTH, RANGE 29 EAST
AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18,
TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER
COUNTY, FLORIDA; BY PROVIDING FOR: SECTION
ONE, AMENDMENTS TO DEVELOPMENT ORDER BY
REVISING EXHIBIT C: SRA MASTER PLAN TO DIVIDE
TOWN CENTER 2 INTO TOWN CENTER 2a AND TOWN
CENTER 2b, TO RELOCATE TOWN CENTER 2b TO OIL
WELL ROAD AND TO RELOCATE AN ACCESS POINT
ON OIL WELL ROAD; SECTION TWO, FINDINGS OF
FACT; SECTION THREE, CONCLUSIONS OF LAW; AND
SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED
DEVELOPMENT ORDERS, TRANS MITT AL TO
DEPARTMENT OF COMMUNITY AFFAIRS AND
EFFECTIVE DATE. (PETITION DOA-PL20ll-0653)
WHEREAS, the Board of County Commissioners of Collier County, Florida approved
Resolution No. 05-235 (Development Order No. 05-01) which approved a Development of
Regional Impact (DRI) known as the Town of Ave Maria DRI on June 14,2005; and
WHEREAS, the real property which is the subject of the Development Order is legally
described and set forth as Exhibit "A" to Resolution No. 05-235 (Development Order No. 05-
01), as amended, to correct a scrivener's error by Resolution No. 05-377 adopted on November
1,2005; and
WHEREAS, the Board of County Commissioners approved Resolution No. 08-153
(Development Order No. 08-01) which revised the Development Order relative to the Affordable
Housing Section on May 27, 2008; and
Ave MariaJDOA-PL20 11-0653
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WHEREAS, George L. Varnadoe, Esquire and John Passidomo, Esquire of Cheffy
Passidomo, 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 June 2, 2011; and
WHEREAS, the Board of County Commissioners of Collier County has reviewed and
considered the proposed amendment and the report of the Collier County Planning Commission
and held a public hearing on July 26,2011.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO DEVELOPMENT ORDER AND MASTER PLAN
Exhibit C to Development Order 05-01 (Resolution 05-235), the Master Concept Plan, is
hereby amended and attached to this Resolution as Exhibit "A".
SECTION TWO: FINDINGS OF FACT
I. The proposed changes to the previously approved DRI do not meet or exceed any
of the criteria in the DRI Development Order or in Subsection 380.06(19)(b), Florida Statutes.
2. The proposed changes to the previously approved DRI are in accordance with
Subsection 380.06(19)(e)2.k, Florida Statutes, which states in part, that "The following changes,
individually or cumulatively with any previous changes, are not substantial deviations: k. Any
other change which the state land planning agency, in consultation with the regional planning
council, agrees in writing is similar in nature, impact, or character to the changes enumerated in
sub-paragraphs a.-j. and which does not create the likelihood of any additional regional impact".
The state land planning agency has agreed in writing that the change is similar in impact to the
Ave MariaJDOA-PL2011-0653
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changes enumerated in sub-paragraphs 380.06(19)(e)2.a-j, Florida Statutes, and does not create
the likelihood of any additional regional impact. Attached as Exhibit "B" is the September 21,
20 I 0 letter from the State of Florida Department of Community Affairs.
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 Subsection 380.06(19)(e)(2), Florida Statutes.
4. A comprehensive review of the impact generated by the proposed changes to the
previously approved development has been conducted by the County's departments, and has
established that the changes result in no additional overall project impacts.
5. The development is not in an area designated an Area of Critical State Concern
pursuant to the provisions of Section 380.06, Florida Statutes, as amended.
6. No increase in overall development intensity is authorized by this Development
Order.
SECTION THREE: CONCLUSIONS OF LAW
1. The proposed changes to the previously approved Development Order do not
constitute a substantial deviation pursuant to Section 38.06(19), Florida Statutes, and do not
require a notice of proposed change pursuant to Subsection 380.06(19)(e)(2), Florida Statutes.
2. The proposed changes to the previously approved development will not
unreasonably interfere with the achievement of the objectives of the adopted State Land
Development Plan applicable to the area.
3. The proposed changes to the previously approved development are consistent
with the Collier County Growth Management Plan and the Collier County Land Development
Code adopted pursuant thereto.
Ave MariaJDOA-PL2011-0653
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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
1. Except as amended hereby, Development Order No. 05-01, as amended, shall
remain in full force and effect, binding in accordance with its terms on all parties thereto. This
amended Development Order shall take precedence over any of the applicable provisions of
previous development orders which are in conflict herewith.
2. Copies of this Development Order (Resolution) shall be transmitted immediately
upon execution to the Department of Community Affairs, Bureau of Land and Water
Management, and the Southwest Florida Regional Planning Council.
3. This Resolution shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted this 26th day of July, 20 II, after motion, second, and favorable
vote. (5 - 0)
f..,
ATTEST:;' ec..l"{' "~'i
DWI~T.E'.' B'Ro.CK,. CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: F~~~'~
At s~?, to .~ _
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aiGRltn OAJ~1r\ .1"
- Approved as to form
and legal sufficiency:
~ C{(O
eidi Ashton-Cicko
Assistant County Attorney
Attachment: Exhibit A - SRA Master Plan
Exhibit B - DCA letter
Ave MariaJDOA-PL2011-0653
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Govemor
THOMAS G, PELHAM
Secretary
September 21,2010
Mr. Raymond Bellows, AICP
Planning Manager
Zoning Services Section
Department of Land Development Services
Growth Management Division - Planning & Regulation
2800 N. Horseshoe Drive
Naples, Florida 34104
RECEIVED
SEP 2 9 2010
ZONING DEPARTMENT
RE: Town of Ave Maria Development of Regional Impact
Dear Mr. Bellows:
On August 20, 2010, the Department issued a letter responding to your questions
regarding the internal movement of commercial land uses in the Town of Ave Maria
Development of Regional Impact (DRI) and whether the Department concurred with the
Southwest Florida Regional Planning Council (Daniel Trescott) that such movement does not
require a Notice of Proposed Change (NOPC) pursuant to sub-paragraph 380.06(19)(e)2.l,
Florida Statutes (F.S.). Sub-paragraph 380.06(19)(e)2.l, F.S., states, in part, that the following
changes, individually or cumulatively with any previous changes, are not substantial deviations:
I. Any other change which the state land planning agency, in consultation with the regional
planning council, agrees in writing is similar in nature, impact, or character to the changes
enumerated in sub-paragraphs a.-j. and which does not create the likelihood of any additional
regional impact. The Department's August 20th letter stated that there was a lack of information
for the Department to concur that an NOPC would not be required.
The Department has received additional information regarding the location and extent of
the internal movement of land uses and reevaluated whether such a change would meet the
requirements of sub-paragraph 380.06(19)(e)2.l, F.S. The internal movement, or change, is to
revise the Town of Ave Maria SRA Master Plan to relocate 50 acres of Town Center as follows:
(1) divide Town Center 2 into Town Center 2a and 2b; and (2) Town Center 2b will be moved
away from its current location along Camp Keais Road to an area with frontage along Oil Well
Road as shown on the attached revised SRA Master Plan. The change does not change
entitlements of the project. The change relocates an access point along Oil Well Road but does
not increase the number of access points along Oil Well Road. The Department agrees that the
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FL 32399-2100
850-488-8466 (p) . 850-921-0781 (f) . Website: www.dca.stale.fl.us
. COMMUNITY PLANNING 850-488-2356 (p) 850-488-3309 (f) . FLORIDA COMMUNITIES TRUST 850--922,2207 (p) 850,921-1747 (0 .
. HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956 (p) 850,922,5623 (f) .
Exhibit B
paqe 1 of 3
Mr. Ray Bellows, AICP
September 21,2010
Page 2
proposed change is similar in impact to the changes enumerated in sub-paragraphs
380.06(19)(e)2.a-j, F.S., and does not create the likelihood of any additional regional impact.
Thus, pursuant to sub-paragraph 380.06(19)( e )2.1, F .S., the proposed change does not require the
filing of a notice of proposed change. However, an application to Collier County to amend the
DR! development order (Exhibit C: SRA Master Plan) in accordance with the County's
procedures for amendment of a development order is required; and if approved, the County must
render the amended development order to the Department.
If you have any questions regarding this matter, please contact Brenda Winningham,
Regional Planning Administrator, at (850) 922-1800 or Scott Rogers, Principal Planner, at (850)
922-1758.
~m~e:e Y YOM ~
Mike McDaniel
Chief, Office of Comprehensive Planning
MM/sr
Attachments: Town of Ave Marie SRA Master Plan (revised March 2010)
cc: Nick Casalanguida, Collier County
Daniel Trescott, SWFRPC
George Varnadoe, Cheffy Passidomo, P.A.
Exhibit B
page 2 of 3
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