Resolution 2015-193/DO 2015-01 DEVELOPMENT ORDER NO. 15-01
RESOLUTION NO. 15-1 9 3
A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1, AS
AMENDED, FOR THE TOLL GATE COMMERCIAL CENTER
DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR:
SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY
AMENDING THE MASTER DEVELOPMENT PLAN TO CONVERT
LOTS 16 THROUGH 20, COMPRISING 8.93± ACRES OF PROPERTY
FROM COMMERCIAL TO COMMERCIAL/LIGHT INDUSTRIAL;
SECTION TWO, FINDINGS OF FACT; SECTION THREE,
CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF
PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL
TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND
EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT
THE INTERSECTION OF COLLIER BOULEVARD AND BECK
BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26
EAST AND SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA (PETITION DOA-PL20150000545)
WHEREAS, the Board of County Commissioners of Collier County approved
Development Order No. 84-1, which approved a Development of Regional Impact (DRI) known
as the Toll Gate Commercial Center DRI on January 17, 1984; and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and by reference made a part of the Development Order; and
WHEREAS, the Development Order has been subsequently amended several times, to
wit:
(i) Resolution No. 92-100 (Development Order No. 92-1), February 11, 1992;
(ii) Resolution No. 92-222, (Development Order No. 94-1) April 7, 1992;
(iii) Resolution No. 97-75 (Development Order No. 97-2), February 11, 1997;
(iv) Resolution No. 03-428; (Development Order No. 03-03) December 2, 2003;
(v) Resolution No. 14-229 (Development Order No. 14-02) October 28, 2014; and
WHEREAS, the real property, which is the subject of the Development Order, is legally
described in Exhibit A to Resolution 92-100 (Development Order No. 92-1); and
WHEREAS, Sky Angel Center, LLC has filed a Development Order Amendment (DOA)
Application and Notice of Proposed Change to a Previously Approved DRI (NOPC) to convert
Lots 16 through 20 from Commercial to Commercial/Light Industrial by adding the parcels to
the "B" parcels as shown on the Master Development Plan. The NOPC is attached hereto and
incorporated herein as Exhibit "A"; and
[15-CPS-01427/1205410/1] 57
Toll Gate Commercial Center DRI/PUD 1 of 4
DOA-PL20150000545— 8/27/15
WHEREAS, the Collier County Planning Commission reviewed and considered the
report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and
held a public hearing on July 16, 2015; and
WHEREAS, the Board of County Commissioners, as the governing body of the
unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06,
Florida Statutes, is authorized and empowered to consider proposed changes to the Toll Gate
Commercial Center DRI; and
WHEREAS, at a public hearing held on September 22, 2015, the Board of County
Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes,
having considered (a) the DOA Application and the NOPC, (b) the record made at the
aforementioned hearing, (c) the record of the documentary and oral evidence presented to the
Collier County Planning Commission, (d) the report and recommendation of Collier County
planning staff, and (d) the report and recommendation of the Southwest Florida Regional
Planning Counsel, the Board of County Commissioners hereby approves the following Toll Gate
Commercial Center DRI Development Order amendments.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER AND MASTER PLAN
Exhibit C contained in the DRI Development Order, Resolution No. 92-100, the Master
Development Plan, is hereby amended and attached to this Resolution and incorporated herein as
Exhibit "B".
SECTION TWO: FINDINGS OF FACT
A. The proposed changes to the previously approved Toll Gate Commercial Center DRI
does not constitute a substantial deviation as set forth in Section 380.06(19), Florida
Statutes, however, it does not create additional regional impacts.
B. Pursuant to Section 380.06, Florida Statutes, the applicant submitted the NOPC to Collier
County, the SWFRPC and the Department of Economic Opportunity.
C. The DOA Application and the NOPC are in accordance with Section 380.06, Florida
Statutes.
D. The proposed changes to the previously approved Development Order are consistent with
the report and recommendation of the SWFRPC.
E. The development is not in an area designated an Area of Critical State Concern pursuant
to Section 380.05, Florida Statutes.
F. No increase in overall development intensity is authorized by this Resolution.
[15-CPS-01427/1205410/11 57
Toll Gate Commercial Center DRI/PUD 2 of 4
DOA-PL20150000545— 8/27/15
7CA
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Toll Gate Commercial Center DRI
does not constitute a substantial deviation, as set forth in Section 380.06(19), Florida
Statutes, but it does not create any additional regional impacts, and therefore does not
require further Development of Regional Impact review.
B. The proposed changes to the previously approved Toll Gate Commercial Center DRI will
not unreasonably interfere with the achievement of the objectives of the adopted State
Land Development Plan applicable to the area.
C. The proposed changes to the previously approved Toll Gate Commercial Center DRI are
consistent with the Collier County Growth Management Plan and the Collier County
Land Development Code adopted pursuant thereto.
D. The proposed changes to the previously approved Toll Gate Commercial Center DRI are
consistent with the State Comprehensive Plan.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, AS
AMENDED; TRANSMITTAL TO THE DEPARTMENT OF
ECONOMIC OPPORTUNITY; AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 84-1, as amended, shall remain in full
force and effect, binding in accordance with its terms on all parties thereto.
B. Copies of this Development Order/Resolution shall be transmitted immediately upon
execution to the Department of Economic Opportunity (Division of Community Planning
and Development) and the SWFRPC.
C. This Development Order/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 after motion, second and majo ty�vote of the Board of County
Commissioners of Collier County, Florida, this 1`°day of )--t'ii , 2015.
ATTEST" `- BOARD OF COUNTY COMMISSIONERS
DWIGHT E: BROC QLERK COLLIER COUNTY, FLORIDA
vr
B y: By: /1 '',ate‘we---
Attest as to TIM NANCE, Chairman
signature only; ,. T
[15-CPS-01427/1205410/1]57
Toll Gate Commercial Center DRI/PUD 3 of 4
DOA-PL20150000545— 8/27/15
Approved as to form and legality:
a ,
Hei i Ashton-Cicko cAti
Managing Assistant County attorney
Attachments: Exhibit A—Notice of Proposed Change
Exhibit B —Revised Master Development Plan
[15-CPS-01427/1205410/1]57
Toll Gate Commercial Center DRI/PUD 4 of 4
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j_A
FORM DEO-BCP-PROPCHANGE-1
Rule 73C-40.010, FAC. Effective 11-20-90
(Renumbered 10-01-11)
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
DIVISION OF COMMUNITY PLANNING & DEVELOPMENT
The Caldwell Building, MSC 160
107 East Madison Street
Tallahassee, Florida 32399
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT(DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a
previously approved DRI be made to the local government, the regional planning agency, and the state
land planning agency according to this form.
1. I, Frederick E. Hood, AICP, the undersigned authorized representative of Sky Angel Center, LLC,
(APPLICANT) hereby give notice of a proposed change to a previously approved Development of
Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I
submit the following information concerning the Tollgate Commercial Center PUD/ DRI
(ORIGINAL/CURRENT PROJECT NAME) development, which information is true and correct to the best
of my knowledge. I have submitted today, under separate cover, copies of this completed notification
to Collier County, (LOCAL GOVERNMENT)to the Southwest Florida Regional Planning Council, and to the
Bureau of Community Planning, Department of Economic Opportunity.
1\s April 21,2015
Date Signature
1
Exhibit A
Page j of,- -
2. Applicant (name, address, phone).
Sky Angel Center, LLC
Rob Johnson, Director of Sky Angel Holdings, LLC,
Manager of Sky Angel Center, LLC
1300 Goodlette Road N
Naples, FL 34102
clo Mr.Andrew Solis
PH:239.390.1900
FX:239.390.1901
Email:rob.johnson @skyangel.com
3. Authorized Agent (name, address, phone).
Frederick E. Hood,AICP
Davidson Engineering
4365 Radio Road, Suite 201
Naples, FL 34104
Phone:239.434.6060
Fax:239.434.6084
Email:fred @davidsonengineering.com
4. Location (City, County,Township/Range/Section) of approved DRI and proposed change.
Naples, Collier County,Section/Township/Range: 35/49/26 and 2/50/26
5. Provide a complete description of the proposed change. Include any proposed changes to the
plan of development, phasing, additional lands, commencement date, build-out date,
development order conditions and requirements, or to the representations contained in either
the development order or the Application for Development Approval.
Indicate such changes on the project master site plan, supplementing with other detailed maps,
as appropriate. Additional information may be requested by the Department or any reviewing
agency to clarify the nature of the change or the resulting impacts.
It is the Applicant's intent to convert Lots 16-20 within Tollgate Commercial Center Phase 3
from Commercial to Commercial/Light Industrial. This proposed change will generate less
traffic, therefore having a less impact on the existing roadways.
6. Complete the attached Substantial Deviation Determination Chart for all land use types
approved in the development. If no change is proposed or has occurred, indicate no change.
No significant changes to the previously approved development program are being
contemplated with this submittal.
2
Exhibit A
Page A2_,of!�
tiJ
7. List all the dates and resolution numbers (or other appropriate identification numbers) of all
modifications or amendments to the originally approved DRI development order that have been
adopted by the local government, and provide a brief description of the previous changes (i.e.,
any information not already addressed in the Substantial Deviation Determination Chart). Has
there been a change in local government jurisdiction for any portion of the development since
the last approval or development order was issued? If so, has the annexing local government
adopted a new DRI development order for the project?
Please see the attached Composite Exhibit 1.
• Ordinance 84-06 PUD Approval for 69.4 acres
• DRI Development Order 84-1 approving ADA for 69.4 acre DRI
• Ordinance 90-54 PUD Approval for 78.57 acres
• Ordinance 90-92 Adding Environmental conditions
• Ordinance 92-10 PUD Approval for 100.23 acres
• Resolution 92-100 Amending DRI Development Order 84-1
• Resolution 92-222 Amending DRI Development Order 84-1
• Ordinance 93-91 Amending PUD Conditions
• Resolution 97-74 Substantial Deviation Amending DRI Development Order 84-1
• Resolution 97-75 Amending DRI Development Order 84-1 extending build-out to
12/30/02
• Resolution 03-428 Amending DRI Development Order 84-1 extending build-out to
12/29/07
• EX-2010-AR-14663 Extending DRI build-out to 1/1/12 (Under Florida State Senate Bill
1752)
• Development Order 14-02/Resolution 14-229
8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to
the original approval or issuance of the DRI development order. Identify such land, its size,
intended use, and adjacent non-project land uses within Y: mile on a project master site plan or
other map.
This description is not applicable. The original developer, who would have purchased or
optioned property within a%mile, is no longer involved in the DRI. There are two remaining
vacant land owners within the DRI.
9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of
any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes.
Do you believe this notification of change proposes a change
which meets the criteria of Subparagraph 380.06(19)(e)2., F.S.
YES X NO
3
Exhibit A
Page �_of, ..
•
10. Does the proposed change result in a change to the build-out date or any phasing date of the
project? If so, indicate the proposed new build-out or phasing dates.
The proposed change to convert certain Commercial Properties to Commercial/ Light
Industrial does not change the build-out date or any phasing of the project.
11. Will the proposed change require an amendment to the local government comprehensive plan?
Provide the following for incorporation into such an amended development order, pursuant to
Subsections 380.06(15), F.S., and 73-40.025, Florida Administrative Code:
A Planned Unit Development Amendment and a DRI- Notice of Proposed change have been
submitted concurrently with this application with Collier County Growth Management.
12. An updated master site plan or other map of the development portraying and distinguishing the
proposed changes to the previously approved DRI or development order conditions.
A copy of the original Master Site Plan has been included for your review, along with a copy
of the proposed Master Site Plan. No changes are required to the Collier County Growth
Management Plan.
13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed
to be deleted or added as an amendment to the development order. This language should
address and quantify:
There is no language change contemplated to the development order. The proposed change
to the master plan does not trigger a change to the development order.
a. All proposed specific changes to the nature, phasing, and build-out date of the
development; to development order conditions and requirements; to commitments
and representations in the Application for Development Approval; to the acreage
attributable to each described proposed change of land use, open space, areas for
preservation, green belts; to structures or to other improvements including locations,
square footage, number of units; and other major characteristics or components of the
proposed change;
It is the Applicant's intent to convert Lots 16-20 (8.93 acres) within Tollgate
Commercial Center Phase 3 from Commercial to Commercial/ Light Industrial. This
proposed change will generate less traffic, therefore having a less impact on the
existing roadways.
4
Exhibit A
Pagel..of
OA°
b. An updated legal description of the property, if any project acreage is/has been added
or deleted to the previously approved plan of development;
The current legal description and boundary of the DRI has not changed since the last
approved extension request. Please find attached, to this submittal, a copy of the
legal description and sketch.
c. A proposed amended development order deadline for commencing physical
development of the proposed changes, if applicable;
N/A
d. A proposed amended development order termination date that reasonably reflects the
time required to complete the development;
N/A
e. A proposed amended development order date until which the local government agrees
that the changes to the DRI shall not be subject to down-zoning, unit density reduction,
or intensity reduction, if applicable; and
Acknowledged.
f. Proposed amended development order specifications for the annual report, including
the date of submission, contents, and parties to whom the report is submitted as
specified in Subsection 73C-40.025 (7), F.A.C.
N/A
5
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DEVELOPMENT PLAN ''r
TOLLGATE
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