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Backup Documents 10/28/2014 Item #17A DRI. DOA-iPL2014pp40561 10 Tollgate Commercial Centerr1 7 cl /28/14 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Wednesday, October 8, 2014, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Planning & Zoning Department,Zoning Services,2800 North Horseshoe Drive,Naples,Florida 34104. AYA#*#*k#*#A##Y#*At*t4#YA#*A*#t A**#Y*#*#*R###MAY*i4*♦***A**************t*A*******YA*A**A*AY*#***A**A#*# Originating Dept/Div: GMD/Plannina&Zoning Person: Kay Deselcm,Principal Planner Date: October 2,2014 Petition No.Tollgate Commercial Center DRI,DOA-PL20140000561 Petitioner: Michael Wick for NRE98 LLC; P.O. Box 512; Zephyr Cove, NV 89448 and Andrew Solis for Sky Angel Center LLC, 1300 Goodlette Road N; Naples,FL 34102 Name & Address of any person(s) to be notified by Clerk's Office: Frederick E. Hood, AICP; Senior Planner; Davidson Engineering; 4365 Radio Road;Naples,FL 34104 Hearing before: BCC x BZA Other Requested Hearing date:Tuesday,October 28,2014. Based on advertisement appearing 20 days before hearing. Newspapers)to be used: Naples Daily News Proposed Text: See Attached Companion petition(s),if any&proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Department: Planning & Zoning Dept., Zoning Services; Fund & Cost Center: 131-138326-649100-00000; Purchase Order Number: 4500146769; Account Number:068779 Reviewed by: • Divisio . dministrator or Designee mm Date List Attachments: Resolution PISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *************************A***********A************#*i*A#******************•********AY***Y***YYtAY***A* FOR CLERK'S OFFICE USE ONLY: f I , Date Received/0/211 Li Date of Public Hearing: /D/JZ '!!!/)( /Date Advertised: l t)/ O l `i" q1 17A Teresa L. Cannon From: Deselem, Kay Sent: Thursday, October 02, 2014 3:16 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Lang, Ashley; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Brock, MaryJo; Kendall, Marcia Subject: Tollgate Commerical Center DRI, DOA-PL20140000561 for 10/28 BCC Attachments: NDN ad.pdf; Resolution - 072414.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Deselem, AICP, Principal Planner Zoning Services--Planning cF Zoning Department Growth Management Division--Planning cf Regulation 2800 N Horseshoe Drive Naples, FL 34104 Phone: 239-252-2931 Fax: 239-252-6357 kaydeselem@colliergov.net ,, :'' (0 .b,lf,r0CL.fd.; Oft t;'�:. s �.,.-s�� _ "r i t.ir_..ft r. t.iS.,.l,.( £;Sro or i>tOt.t If.,�,(,., !t!::,f!(lt1 1 1 7 A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE(or)A RESOLUTION Notice is hereby given that on Tuesday, October 28th, 2014, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners(BCC)will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M.. The title of the proposed Resolution is as follows: The purpose of the hearing is to consider: A Resolution 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 extending the expiration date and the buildout date to August 1, 2021; 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- PL20140000561) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item, The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk(SEAL) 1 7 AA , ;1)] DEVELOPMENT ORDER NO. 14- RESOLUTION NO. 14- 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 EXTENDING THE EXPIRATION DATE AND THE BUILDOUT DATE TO AUGUST 1, 2021; 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, COLLIER COUNTY, FLORIDA (PETITION DRI- PL20140000561) 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 real property which is the subject of the Development Order is legally described and set forth as Exhibit A; 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. 97-5 (Development Order No. 97-2), February 11, 1997; (iv) Resolution No. 03-428; (Development Order No. 03-03) December 2, 2003; and WHEREAS, Section 380.06(19)(e), F.S., extended the buildout date from the expiration date of December 29, 2007 to December 29, 2010; and WHEREAS, under Senate Bill 1752 (2010), owner provided the required notice to extend the expiration date and buildout date by two years to December 29, 2012; and WHEREAS, Sky Angel Center, LLC and NRE98, LLC, through their authorized agent, have filed a Development Order Amendment (DOA) Application and Notice of Proposed Change to a Previously Approved DRI (NOPC) to extend the buildout date by over 8 years to August 1, 2021, which NOPC is attached hereto and incorporated herein as Exhibit B; and Words struelk-t c*ttgth are deleted;words underlined are added. Toll Gate Commercial Center DRI/PUD I of 4 DRI-PL20140000561 —7123/14 1 7 A .4 Eli 1 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_ ; 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 DR.I; and WHEREAS, at a public hearing held on , 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 That Section 7 of Development Order 84-1, as amended, for the Toll Gate Commercial Center is hereby further amended to read as follows: That this Order shall remain in effect until the expiration date and buildout date of December 29, 2007 August 1, 2021. Any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. SECTION TWO: FINDINGS OF FACT A. The proposed changes to the previously approved Toll Gate Commercial Center DRI do 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(19), Florida Statutes, the applicant submitted the NOPC to the City of Naples, Collier County, the SWFRPC and the Department of Economic Opportunity. C. The DOA Application and the NOPC are in accordance with Section 380.06(19), Florida Statutes. D. The proposed changes to the previously approved Development Order are consistent with the report and recommendation of the SWFRPC. Words ser IE-threug are deleted;words underlined are added. Toll Gate Commercial Center DRUPUD 2 o14 DRI-PL20140000561 7/23/14 17A •• 4 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 development intensity is authorized by this Resolution. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Toll Gate Commercial Center DRI do 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 majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By'-- — By: Deputy Clerk TOM HENNING, Chairman Words struck threugh are deleted;words underlined are added. Toll Gate Commercial Center DRI/PUD 3 of 4 DRI-Pl..20140000561 — 7/23/14 ................ 4 17A , Approved as to form and legality: I-Ieidi Ashton-Cicko Managing Assistant County attorney Attachments: Exhibit A—Legal Description • Exhibit B - Notice of Proposed Change CP'\14-CPS-01345\12 Words sifue1rthfough are deleted;words underlined are added. Toll Gate Commercial Center DRI/PUD 4 of 4 DRI-PL20140000561 —7/23/14 1 7 A Teresa L. Cannon From: Teresa L. Cannon on behalf of Minutes and Records Sent: Thursday, October 02, 2014 3:21 PM To: Deselem, Kay Subject: RE: Tollgate Commerical Center DRI, DOA-PL20140000561 for 10/28 BCC I will send the proof as soon as I get it. Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Deselem, Kay Sent: Thursday, October 02, 2014 3:16 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Lang, Ashley; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Brock, MaryJo; Kendall, Marcia Subject: Tollgate Commerical Center DRI, DOA-PL20140000561 for 10/28 BCC Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Deselem, AICP, Principal Planner Zoning Services--Planning&Zoning Department Growth Management Division--Planning& Regulation 2800 N Horseshoe Drive Naples, FL 34104 Phone: 239-252-2931 Fax: 239-252-6357 kaycleselem@colliergov.net .� vi .�'�f i:'. t. `i> S ft, «' .,..E f ' c ,:r 7 <I'fry Yt ...lt ,=.i' t,.1 3..:, 11. 1 1 7 A Teresa L. Cannon From: Deselem, Kay Sent: Thursday, October 02, 2014 3:44 PM To: Minutes and Records Subject: RE: Tollgate Commerical Center DRI, DOA-PL20140000561 for 10/28 BCC Just resolution. Kay Deselem, AICP, Principal Planner Zoning Services--Planning&Zoning Department Growth Management Division--Planning& Regulation 2800 N Horseshoe Drive Naples, FL 34104 Phone: 239-252-2931 Fax: 239-252-6357 kaydeselem @colliergo v.ne t From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] On Behalf Of Minutes and Records Sent: Thursday, October 02, 2014 3:43 PM To: DeselemKay Subject: RE: Tollgate Commerical Center DRI, DOA-PL20140000561 for 10/28 BCC One last thing, do you want it to reference in the heading...."Notice of Intent to Consider an Ordinance (or)A Resolution". Or just Rersolution? Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Deselem, Kay Sent: Thursday, October 02, 2014 3:37 PM To: Minutes and Records Subject: RE: Tollgate Commerical Center DRI, DOA-PL20140000561 for 10/28 BCC Here you go. Kay Deselem, AICP, Principal Planner Zoning Services--Planning&Zoning Department Growth Management Division--Planning& Regulation 2800 N Horseshoe Drive Naples, FL 34104 Phone: 239-252-2931 Fax: 239-252-6357 kaydeselem@colliergov.net From: Teresa L. Cannon [mailto:Teresa.Cannon(acollierclerk.com] On Behalf Of Minutes and Records 1 7 A Sent: Thursday, October 02, 2014 3:28 PM To: DeselemKay Subject: RE: Tollgate Commerical Center DRI, DOA-PL20140000561 for 10/28 BCC Can you send it in word format.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com From: Deselem, Kay Sent: Thursday, October 02, 2014 3:16 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Lang, Ashley; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda; Brock, MaryJo; Kendall, Marcia Subject: Tollgate Commerical Center DRI, DOA-PL20140000561 for 10/28 BCC Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Deselem, AICP, Principal Planner Zoning Services--Planning&Zoning Department Growth Management Division--Planning& Regulation 2800 N Horseshoe Drive Naples, FL 34104 Phone: 239-252-2931 Fax: 239-252-6357 kaydeselem@colliergov.net r. . c;3. _< Fiif,dG t r...-r• y'., ..�,s.r; s`->t 3 t fsS; < r,t �.t;; ..{;Cii.d ri,,,�.U�✓ ,E +L 4 > F r r," n teat3, 2 1 7 A Acct #068779 October 2, 2014 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: DRIDOA-PL20140000561, Toll Gate Commercial Center Dear Legals: Please advertise the above referenced notice Wednesday, October 8, 2014 and send Duplicate Affidavits of Publication, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500146769 1 7 A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION • Notice is hereby given that on Tuesday, October 28th, 2014, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: The purpose of the hearing is to consider: A Resolution 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 extending the expiration date and . the buildout date to August 1, 2021; 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- PL20140000561] A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. • NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. • BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon Deputy Clerk (SEAL) 17A County of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COL!$fY COL'RMOL'SE Clerk of Courts Clerk of Courts 3315 1AN,1IAN11 rRL E S FE 102 • P.O. BOX 413044 accountant NAPLES, FLORIDA -, NAPLES, FLORIDA auditor • 34112-5324 34101-3044 Custodian of County Funds October 2, 2014 Frederick E. Hood, AICP Davidson Engineering 4365 Radio Road Naples, FL 34104 Re: DRI, DOA-PL20140000561, Tollgate Commercial Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 2014 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Wednesday, October 8, 2014. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK C\211/4-A-t-6-&- C__00\A-0-6 Teresa Cannon, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 County of Collier 1 7 A CLERK OF THECIRCUIT COURT Dwight E. Brock COLLIER COUI TY COORTHOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 102A, P.O. BOX 413044 Accountant NAPLES, FLORIDA v,r NAPLES, FLORIDA Auditor 34112-5324 `V" 34101-3044 Custodian of County Funds October 2, 2014 Andrew Solis Sky Angel Center, LLC 1300 Goodlette Road N. Naples, FL 34102 Re: DRI, DOA-PL20140000561, Tollgate Commercial Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 2014 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Wednesday, October 8, 2014. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK j2LCIA!r*C0k•ILD'v Teresa Cannon, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com collierclerk.com ' _ 17 A County of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUTT1;,i;'Y C01. THOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 102 P.O. BOX 413044 Accountant NAPLES, FLORIDA Auditor r NAPLES, FLORIDA 34112-5324 ;34101-3044 Custodian of County Funds October 2, 2014 Michael Wick NRE98 LLC P.O. Box 512 Zephyr Cove, NV 89448 Re: DRI, DOA-PL20140000561, Tollgate Commercial Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 28, 2014 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News Wednesday, October 8, 2014. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 'eresa Cannon, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com 1 7 A Teresa L. Cannon From: Teresa L. Cannon Sent: Thursday, October 02, 2014 4:34 PM To: Naples Daily News Legals Subject: DRI, DOA-PL20140000561, Tollgate Commercial Center Attachments: DRIDOA-PL20140000561 (BCC).doc; DRIDOA-PL20140000561 (BCC).doc Legals, Please advertise the attached Legal Ad on Wednesday, October 8,2014. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records bepartment 239-252-8411 239-252-8408 fax Teresa.CannonG'collierclerk.com • 1 1 7 A Teresa L. Cannon From: Polidora, Carol <cpolidora@naplesnews.com> Sent: Friday, October 03, 2014 2:05 PM To: Teresa L. Cannon Subject: Ad Confirmation Attachments: UASE273.jpg Hi Teresa! Please provide approval ASAP for publication on 10.08.14. Thank you! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 10/03/14 Publication NDN Account Number 744102 Ad Number 2036900 Total Ad Cost $391.62 1 NOTICE OF PUBLIC HEARING 1 7 A NOTICE OF INTENT TO CONSIDER A RESOLUTION Notice is hereby given that on Tuesday, October 28th, 2014, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: The purpose of the hearing is to consider A Resolution amending Development Order 84- 1, as amended, for the Toll Gate Commercial Center Development of Regional Impact by providing for: Section One. Amendments t© Development Order by extending the expiration date and the buildout date to August 1, 2021; Section Two, Findings or 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 SO South, Range 26 East, Collier County, Florida [Petition DOA-PL201400005611 A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection.. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. individual speakers will be limited to S minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective Public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board wili need a record of the proceedings pertaining thereto and therefore. may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. if you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite ;6101, Naples, FL 34112-5356, (239) 252-8384, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Baal d of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. TOM HENNING CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon Deputy Clerk (SEAL) October 8, 2014 No. 2036900 17A Teresa L. Cannon To: NeetVirginia (VirginiaNeet@colliergov.net); DeselemKay (KayDeselem@colliergov.net) Subject: FW: Ad Confirmation Attachments: UASE273 jpg Please review and approve. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora@naplesnews.com] Sent: Friday, October 03, 2014 2:05 PM To:Teresa L. Cannon Subject: Ad Confirmation Hi Teresa! Please provide approval ASAP for publication on 10.08.14. Thank you! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you?Call us at (239) 213-6000 Thank you for placing your ad. Date 10/03/14 Publication NDN Account Number 744102 Ad Number 2036900 Total Ad Cost $391.62 1 1 7 A Teresa L. Cannon From: Deselem, Kay Sent: Friday, October 03, 2014 3:20 PM To: Teresa L. Cannon; Neet, Virginia Subject: RE: Ad Confirmation Looks fine, thank you. Kay Deselem, AICP, Principal Planner Zoning Services--Planning& Zoning Department Growth Management Division--Planning& Regulation 2800 N. Horseshoe Drive Naples, FL 34104 . Phone: 239-252-2931 Fax: 239-252-6357 kaydeselem@colliergov.net Original Message From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Friday, October 03, 2014 2:11 PM To: NeetVirginia; DeselemKay Subject: FW: Ad Confirmation Please review and approve.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora@naplesnews.com] Sent: Friday, October 03, 2014 2:05 PM To:Teresa L. Cannon Subject: Ad Confirmation Hi Teresa! • Please provide approval ASAP for publication on 10.08.14. Thank you! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 1 17A Teresa L. Cannon From: Ashton, Heidi Sent: Friday, October 03, 2014 3:34 PM To: Neet, Virginia;Teresa L. Cannon Cc: Bonham, Gail Subject: RE: Ad Confirmation-Toll Gate Approved. Heidi Ashton-Cicko Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 Original Message From: NeetVirginia Sent: Friday, October 03, 2014 2:30 PM To: AshtonHeidi Cc: BonhamGail Subject: FW: Ad Confirmation For your approval. Original Message From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Friday, October 03, 2014 2:11 PM To: NeetVirginia; DeselemKay Subject: FW: Ad Confirmation Please review and approve.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.CannonPcollierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora@naplesnews.com] Sent: Friday, October 03, 2014 2:05 PM To:Teresa L. Cannon Subject: Ad Confirmation Hi Teresa! 1 • 1 7 A Teresa L. Cannon From: Polidora, Carol <cpolidora@naplesnews.com> Sent: Monday, October 06, 2014 8:26 AM To: Teresa L. Cannon Subject: RE: Ad Confirmation Thanks Teresa! Released for publication... Original Message From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Friday, October 03, 2014 3:36 PM To: Polidora, Carol Subject: RE: Ad Confirmation Looks good, ok to run.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora@naplesnews.com] Sent: Friday, October 03, 2014 2:05 PM To:Teresa L. Cannon Subject: Ad Confirmation Hi Teresa! Please provide approval ASAP for publication on 10.08.14. Thank you! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 . 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 10/03/14 Publication NDN Account Number 744102 Ad Number 2036900 1 Naples Daily News 1 7 A Naples, FL 34110 Affidavit of Publication Naples Daily News + BCC/ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAM IAMI TRL E #700 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION NAPLES FL 34112 Notice is hereby given that on Tuesday,October 28th,2014,in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center; 3299 East Tamiami Trail, Naples FL.,the Board of County Commissioners(BCC)will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: REFERENCE: 068779 The purpose of the hearing is to consider: 59755989 NOTICE OF PUBLIC 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 extending the expiration date and the buildout date to August 1, 2021; Section Two, Findings of Fact; Section Three, State of Florida Conclusions of Law; and Section Four, Effect of Previously Issued Development Counties of Collier and Lee Orders, Transmittal to Department of Economic Opportunity and Effective Date. The subject property is located at the intersection of Collier Boulevard and Beck Before the undersigned authorityBoulevard in Section 35, Township 49 South, Range'26 East, and Section 2, , pez Township 50 South, Range 26 East, Collier County, Florida [Petition DOA-PL20140000561j. appeared Dan McDermott, says that he se A copy of the proposed Resolution is on file with the Clerk to the Board and is Inside Sales Supervisor, of the Naples available for inspection.All interested parties are invited to attend and be heard. a daily newspaper published at Naples, NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to ,presentation of the agenda item to be addressed. County, Florida: distributed in Collier Individual speakers will be limitedtoa 5 minutes on any item. The selection of any ndividuald to speak hon behalf of kens ersorg on fanizorationa or groupor is encouraged.may be If rm copy of advertising was published in sa and Lee counties of Florida; that the a allotted z dminutestospeak an, an spokp nnewspaper on dates listed. group organization Personswishing to have written cr graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the resppective public hearing. In any case, written materials intended to be considered by the Affiant further says that the said Na Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board News is a newspaper published at Naples will becomeapermanentpartofth=record. Collier County, Florida, and that the s Any person who decides to appeal any decision of the Board will need a record of newspaper has heretofore been continuou the proceedings pertaining therrregttos anda therefore, which may need todes ensurethetestimony that a and evidence rd n owhi theappealisis edde, inclu day and has been entered as second clas If you are ia person with a disability who needst any caccommodation ine order to n matter at the post office in Naples, in ofrtcerttain asstape.ceePieaseyocontact ethe leCollernCounty oFacilitiess Management Collier County, Florida, for a period o Department, located at 3335 Tamami Trail East,Suite#101,Naples,FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted litening devices next preceding the first publication of forthehearing impaired are available in the Board of County Commissioners O ce. attached copy of advertisement; and aff BOARD OF COUNTYCOMMISSIONE2S further says that he has neither paid n, TOMIHENNINGTM FLORIDA promised any person, firm or corporatio: CHAIRMAN discount, rebate, commission or refund . D yITHeE.BROo CLERK sa Can purpose of securing this advertisement DeputyClerk(SEAL) No 2036900 publication in the said newspaper. PUBLISHED ON: 10/08 AD SPACE: 122 LINE FILED ON: 10/08/14 Signature of Affiant — c41111 r / Sworn to and Subscribed •=-' ore m- g{ 2 01`7 day of .,� ~ /� Y Po CAROL POUDO A ?��"p Personally known by me A, /�__-�� „ •,,,, . ION#EE 851756 .,,rte:-i. EXPIRES:November 28,2014 �4o,tea;•• Bonded Thea Richard Insurance Agency ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT aa THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI AAU1k Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 10/a9/04 4. BCC Office Board of County Commissioners /t`i ,0`31 ik 5. Minutes and Records Clerk of Court's Office -1;TY\ O 64 2:teern PRIMARY CONTACT INFORMATION "1 I Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or issing information. Name of Primary Staff Kay Deselem Phone Number 252-2931 Contact/ Department Agenda Date Item was October 28,2014 Agenda Item Number 17.A Approved by the BCC Type of Document Resolution Number of Original 1 Attached DC. Zoll-Dz Documents Attached PO number or account 11 , 0iU',,,},�lU,r t number if document is {�[J to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? KD 2. Does the document need to be sent to another agency for additional signatures? If yes, K,D provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be Kh signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's K.r Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the kP document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's K.p signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip kD should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on October 28,2014 and all changes made kE' during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the I� Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 17A Ann P. Jennejohn From: Deselem, Kay Sent: Tuesday, November 04, 2014 11:08 AM To: Ann P.Jennejohn Subject: RE: Toll Gate Commercial Center Resolution 2014-229/Development Order 2014-2 Contact information: Scott Rogers, Planning Analyst FL. Dept of Economic Opportunity Caldwell Bldg. 107 E. Madison Street Tallahassee, FL 32399 Mr. David Crawford, AICP Southwest Florida Regional Planning Council 1926 Victoria Avenue Fort Myers, FL 33901 Kay Deselem, AICP, Principal Planner Zoning Services--Planning&Zoning Department growth Management Division--Planning& Regulation 2800 N Horseshoe Drive Naples, FL 34104 Phone; 239-252-2931 Fax: 239-252-6357 kaydeselem @colliergo v.ne t From: Ann P. Jennejohn [mailto:Ann.Jennejohn@acollierclerk.com] Sent: Monday, November 03, 2014 11:37 AM To: DeselemKay Subject: Toll Gate Commercial Center Resolution 2014-229/Development Order 2014-2 Hi Kay, I'm mailing out copies of the Toll Gate Center Resolution/Development Order that was adopted by the Board last week to SWFRPC and the DEO and I want to make sure I have the correct contact/mailing information. I was planning on mailing a signed copy to David Crawford w/SWFRPC on Victoria Avenue in Fort Myers; as far as the Department of Economic Opportunity is concerned, because we have several contacts, I was hoping you could provide me the name of the staff person you'd like it sent to? Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court 1 1 7 A MEMORANDUM Date November 3, 2014 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Resolution 2014-229/Development Order 2014-02 Amending Toll Gate Commercial Center DO 84-1, as amended (Petition DOA-PL20140000561) Attached for your records is a copy of Resolution/Development Order 2014-02 referenced above, (Item #17A) adopted by the Board of County Commissioners on Tuesday, October 28, 2014. If you have any questions, please feel free to contact me at 252-8406. Thank you. Attachment Co my of Collier 1 7 A CLERK OF THE CIRCtiIT COURT COLLIER COUNTY�,COURTU OUSE 3315 TAMIAMI TRL E STE 102 Dwight E. Brock-dkerk of Circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor ustodian of County Funds November 3, 2014 SWFL Regional Planning Council Attn: David Crawford, AICP Director of Planning Services 1926 Victoria Avenue Fort Myers, Florida 33901 Re: Collier County Resolution 2014-229/Development Order 2014-02 Amending Toll Gate Commercial Center DRI Development Order 84-1 Attached for your records is a copy of the document referenced above, adopted by the Collier County Board of County Commissioners on Tuesday, October 28, 2014, during Regular Session. Respectfully, DWIGHT E. BROCK, CLERK • Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com County of Collier 1 7 A u CLERK OF THE CJRCLIIT COURT COLLIER COUNTY'QOUR?HOUSE 3315 TAMIAMI TRL E STE 102 Dwight E.Brock-1 k of Circuit Court P.O.BOX 413044 NAPLES, FL 34112-5324 NAPLES, FL 34101-3044 Clerk of Courts • Comptroller • Auditor ustgdian of County Funds November 4, 2014 Scott Rogers, Planning Analyst Florida Department of Economic Opportunity Caldwell Building 107 E. Madison Street Tallahassee, Florida 32399 Re: Collier County Resolution 2014-229/Development Order 2014-02 Amending Toll Gate Commercial Center DRI Development Order 84-1 Attached for your records is a copy of the document referenced above, adopted by the Collier County Board of County Commissioners on October 28, 2014, during Regular Session. Respectfully, DWIGHT E. BROCK, CLERK • Cc Ann Jew , Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk(ucollierclerk.com 17A DEVELOPMENT ORDER NO. 14- 0 2 RESOLUTION NO. 14- 229 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 EXTENDING THE EXPIRATION DATE AND THE BUILDOUT DATE TO AUGUST 1, 2021; 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, COLLIER COUNTY, FLORIDA (PETITION DRI- PL20140000561) 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 real property which is the subject of the Development Order is legally described and set forth as Exhibit A; 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. 97-5 (Development Order No. 97-2), February 11, 1997; (iv) Resolution No. 03-428; (Development Order No. 03-03) December 2, 2003; and WHEREAS, Section 380.06(19)(c), F.S., extended the buildout date from the expiration date of December 29, 2007 to December 29, 2010; and WHEREAS, under Senate Bill 1752 (2010), owner provided the required notice to extend the expiration date and buildout date by two years to December 29, 2012; and WHEREAS, Sky Angel Center, LLC and NRE98, LLC, through their authorized agent, have filed a Development Order Amendment (DOA) Application and Notice of Proposed Change to a Previously Approved DRI (NOPC) to extend the buildout date by over 8 years to August 1, 2021, which NOPC is attached hereto and incorporated herein as Exhibit B; and [14-CPS-01345/1125028/1] 55 Words struck through are deleted;words underlined are added. Toll Gate Commercial Center DRI/PUD 1 of 4 DRI-PL20140000561 — Rev. 10/15/14 c9 17A 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 September 18, 2014; 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 October 28, 2014, 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 That Section 7 of Development Order 84-1, as amended, for the Toll Gate Commercial Center is hereby further amended to read as follows: That this Order shall remain in effect until the expiration date and buildout date of December 29, 2007 August 1, 2021. Any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. SECTION TWO: FINDINGS OF FACT A. The proposed changes to the previously approved Toll Gate Commercial Center DRI do 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(19), 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(19), Florida Statutes. [14-CPS-01345/1125028/1] 55 Words tru^Lr are deleted;words underlined are added. Toll Gate Commercial Center DRI/PUD 2 of 4 DRI-PL20140000561 — Rev. 10/15/14 9 17A 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 development intensity is authorized by this Resolution. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Toll Gate Commercial Center DRI do 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, seconnand majority vote of the Board of County Commissioners of Collier County, Florida, this day of O TO.EER , 2014. [14-CPS-01345/1125028/1]55 Words struck through are deleted;words underlined are added. Toll Gate Commercial Center DRI/PUD 3 of 4 DRI-PL20140000561 — Rev. 10/15/14 1 7 A ATTEST: BOARD OF COUNT COMMISSIONERS DWIGHT E: BROCK, CLERK COLLIE t OUNT . LORIDA By: �� „( • By: `ti` Z' Clerk TOM HENNING, Chairman Attest as '• an s signature only. Approv , as to fo d legality: Scott A. Stone (c i c) Assistant County attorney Attachments: Exhibit A—Legal Description Exhibit B -Notice of Proposed Change Item# Agenda fL Date Date 10-. 4 Rec'd ---- DePu 1'��tl. [14-CPS-01345/1125028/1]55 Words struck through are deleted;words underlined are added. Toll Gate Commercial Center DRI/PUD 4 of 4 DRI-PL20140000561 — Rev. 10/15/14 I -: JOHNSON ENGINEERING, INC. 1 7A CIVIL ENGINEERS AND LAND SURVEYORS I2158 JOHNSON STREET 7 January TELEPHONE 18 13)334-0046f 1991 TELECOPIER I8 131334-366 1 POST OFFICE BOX 1550 U FORT MYERS. FLORIDA DESCRIPTION ION II39902.1350 TOLLGATE COMMERCIAL CENTER SECTION 35, T. 49 S. , R. 26 E. CARL E.JOHNSON AND II 19 11 •1968 SECTION 2, T. 50 S. , R. 26 E. COLLIER COUNTY, FLORIDA IA tract or parcel of land lying in Section 35, Township 49 South, Range 26 East and Section 2, Township 50 South, Range 26 East and Section 2, Township 50 South, Range 26 East, Collier County, I Florida which tract or parcel is described as follows: From the southeast corner of said Section 35 run N 89° 45' 01" W along the south line of said Section 35, I also being the common township line of said Township 49. and 50 for 437.90 feet to an intersection with the east line of the parcel as described in deed recorded in Official Record Book 1477 at Page 246, Collier County II Records and the Point of Beginning. From said Point of Beginning run S 00° 02' 19" E along said east line for 60.48 feet to the southeast corner of I said parcel; thence run S 89' 57' 41" W along the south line of said parcel for 2200.70 feet; thence run S 89° 56' 02" W continuing along said south line for II1318.67 feet to an intersection with the east line of a 170 foot Florida and Power & Light Easement, also being the southeast corner of Tollgate Commercial Center Phase Two as recorded in Plat Book 18 at Pages 23 and 24, II Collier County Public Records; thence run N 00' 46' 58" E along the east line of Phase Two and said FP&L easement for 1278.72 feet to an intersection I with the limited access right-of-way line of State Road No. 93 (1-75) also being the northeast corner of said Phase Two and also being the northeast corner of IITollgate Commercial Center, Phase One as recorded in Plat Book 16 at Page 1, Collier County Public Records; thence run the following courses and distances along Isaid limited access right-of-way line: S 87° 55' 12" E for 89.90 feet; thence run S 780 44' 38" E for 318.32 CHAIRMAN feet; thence run S 74' 09' 17" E for 1199.30 feet; ARCHIE T.GRANT,JR. thence run S 73° 00' 33" E for 1904.96 feet to a point PRESIDENT of curvature; thence run southeasterly along the arc of I FORREST H. BANKS said curve to the left of radius 11621.16 feet (delta JOSEPH W. EBNER 010 09' 07") (chord bearing S 73'35' 07" E) (chord ' STEVEN K.MORRISON 233.67 feet) for 233.65 feet to an intersection with the ANDREW D. TILTON JEFFREY C. COONER north right-of-way line of State Road No. 84 (Old DAN W. DICKEY Alligator Alley) ; thence run N 89045' 01�� W along the KENTON R. KEILING north right-of-way line of said State Road No. 84 GEORGE J. KALAL MICHAEL L. HARMON THOMAS L. FENDLEY W. DAVID KEY. JR. W. BRITT POMEROY CARL A. BARRACO DOA- G A R Y R . BULL Toll PL20140000561 enter DRI Rev: KEVIN M. WINTER gate Commercial C 1 (Notice of Pro CONSULTANTSDate. 6/20/14 posed Change) LESTER L.. BULSON BU ROBERT S. O'BRIEN DUE: 7/14/14 Exhibit A ED 3Page. I of at 17A JOHNSON ENGINEERING,INC. ' Section 35, T. 49 S. , R. 26 E. January 7, 1991 Page 2 1 departing said limited access right-of-way line for ' 100.00 feet to an intersection with the easterly line of the parcel as described in deed recorded in Official Record Book 1477 at Page 246, Collier County Records; ' thence run S 00° 02' 19" E along said east line for 200.00 feet to an intersection with said south line of Section 35 and the Point of Beginning. ' Containing 65.79 acres more or less. SUBJECT TO easements, restrictions and reservations of record. AND ' Being all of Tollgate Commercial Center Phase One. as recorded in Plat Book 16 at Page 1, Collier County Records. ' ALSO Being all of Tollgate Commercial Center Phase Two, as recorded in Plat Book 18 at Pages 23 and 24, Collier County Records. ' Containing 34.45 acres, more or less. Bearings hereinabove mentioned are based on Florida DOT right-of- way map for State Road No. 93 (I-75) centerline bearing at Station 290 to bear N 736 00' 33" W. . Mi hael W. Norman Professional Land Surveyor ' Florida Certificate No. 4500 MWN/pd 25023 4 Exhibit A 9 Page .1, of 17A 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 and NRE98, 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. June 13, 2014 Date Signature 1 DOA- PL20140000561 Rev: 1 Tollgate Commercial Center DRI (Notice of Proposed Change) Exhibit B Date: 6/20/14 Page of DUE: 7/14/14 t, 17A 2. Applicant (name, address, phone). NRE98, LLC. clo Mr. Michael Wick P.O. Box 512 Zephyr Cove, NV 89448 Phone:310.306.4400 Fax:310.388.0888 Email:michaelwick@caidanjames.com and Sky Angel Center, LLC 1300 Goodlette Road N Naples, FL 34102 clo Mr.Andrew Solis PH:239.390.1900 FX:239.390.1901 Email:asolis@cohenlaw.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 35/Township 49/Range 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 extend the build-out date for the DRI to August 1, 2021. No other changes to the DRI are proposed. 2 Exhibit B Page.424.of, 1 7 A 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 changes to the previously approved development program are being contemplated with this submittal. 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. INTENTIONALLY OMITTED • 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) 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 %2 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. The co-applicants on this request are two of the 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. 3 Exhibit B Page of 1 7 A 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 As previously noted, the proposed request is limited to extending the build-out date on the DRI to August 1,2021. No other changes are being proposed at this time. 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. Yes. The build-out date will be extended to August 1, 2021. No phasing is contemplated on the remaining undeveloped parcels. 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: No. The proposed build-out date extension will not require an amendment to the Collier County Growth Management Plan. 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. N/A. No changes to the Master Site Plan, as currently approved, are being proposed. 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: 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; The proposed build-out date requested is to be amended to August 1,2021. 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 4 Exhibit B Page Z of, 9 1 7 A legal description and sketch. c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Development on a substantial portion of the DRI has been completed. The build-out extension shall apply to the currently undeveloped property. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; The proposed build-out date requested is to be amended to August 1,2021. This date is based upon historic development trends of the DRI should allow ample time to accomplish build-out. Additionally, the revised build-out date is being proposed in recognition of the substantial downturn in the real estate market that has over the past seven years. 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. This is not applicable. 5 Exhibit B Page 5 of el Gr) 17A A 1 s . _ . .... . . .,. MASTER j DEVELOPMENT PLAN W „.... 5'm' TOLLGATE V i COMMERCIAL CENTER �Y' January, 1991 oP W 0 � < E_,..`-':'1 1 W JJ W I *I„41 P "..;:.;.:...:.,:...::.:.....::.ii..?1 fx _ .0,`,"-','i :, =<o x i • CL 1 ez 2yy t 2^ 2' 2. r- 2 . `FP&L EASEMENT- /i it.:,:i.1 s- q- - N. G 0 2- • \ •-, TOLLGATE BLVD. U]v?i t L G L 2 .Z, a C.R. 951 EXHIBIT "A" 1 K DOA- PL20140000561 Rev: 1 Tollgate Commercial Center DRI (Notice of Proposed Change) EXhMit Date: 6/20/14 �} DUE: 7/14/14 Page k of j /,-� W , 17A ♦ li I 1 N ' DOA- PL20140000561 Rev: 1 f 4 Tollgate Commercial Center DRI w��— E • u. . (Notice of Proposed Change) 1 r I Date: 6/20/14 • s DUE: 7/14/14 0 0.5 MILE cn cC I U l � / 5 W J 0 O m n cc • Ljuj J I-75 JO 1111 ' U ) o o 11111111111.-- (-- 1 RADIO ROAD, I-75 c I .__r _\/\-- 3 ' co O� LEGEND '\ -BOUNDARY - MAJOR ROADWAYS SOURCES:COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS(2014) 1 -4P- t -d?f 1 / .� — Gr <4+�ro . HENDRY PAL EACH l 1(2 Millli: i•P. 6Ro CO LIER � ' ''1:f9,416._ 1 IF `.. . DADS , Exhibit 0«.` M•mom► "'ta . " age 7 of_g_ EDA\ DIENGINEERING, INC. TOLLGATE COMMERCIAL CENTER DRI SON 4365 RADIO ROAD,SUITE 201 DAVIDSON NAPLES, FL 34104 ENGINEERING PHONE: 239-434-6060 LOCATION MAP G r .. .,_ 1 7 A 1 I JOHNSON ENGINEERING, INC. CIVIL ENGINEERS AND LAND SURVEYORS I 2158 JOHNSON STREET TELEPHONE 18131 334-0046 y /7 , 1991 TELECOPIER(8 13)334-3661 Januar POST OFFICE 80% 1550 FORT MYERS. FLORIDA DESCRIPTION I 33902•'s o TOLLGATE COMMERCIAL CENTER SECTION 35, T. 49 S. , R. 26 E. CARL E.JOHNSON AND II /911-1968 SECTION 2, T. 50 S. , R. 26 E. COLLIER COUNTY, FLORIDA 0• Stract or parcel of land lying in Section 35, Township 49 South. Range 26 East and Section 2, Township 50 South, Range 26 East and Section 2, Township 50 South, Range 26 East, Collier County, IIFlorida which tract or parcel is described as follows: From the southeast corner of said Section 35 run N 89° 45' 01" W along the south line of said Section 35, I also being the common township line of said Township 49. and 50 for 437.90 feet to an intersection with the east line of the parcel as described in deed recorded in IOfficial Record Book 1477 at Page 246, Collier County Records and the Point of Beginning. From said Point of Beginning run S 00° 02' 19" E along said east line for 60.48 feet to the southeast corner of I said parcel; thence run S 89' 57' 41" W along the south line of said parcel for 2200.70 feet; thence run S 89° 56' 02" W continuing along said south line for I 1318.67 feet to an intersection with the east line of a 170 foot Florida and Power & Light Easement, also being the southeast corner of Tollgate Commercial Center Phase ITwo as recorded in Plat Book 18 at Pages 23 and 24, Collier County Public Records; thence run N 00° 46' 58" E along the east line of Phase Two and said FP&L easement for 1278.72 feet to an intersection I with the limited access right-of-way line of State Road No. 93 (1-75) also being the northeast corner of said Phase Two and also being the northeast corner of IITollgate Commercial Center, Phase One as recorded in Plat Book 16 at Page 1, Collier County Public Records; thence run the following courses and distances along said limited access right-of-way line: S 87° 55' 12" E Ifor 89.90 feet; thence run S 78° 44' 38" E for 318.32 CHAIRMAN feet; thence run S 74° 09' 17" E for 1199.30 feet; ARCHIE T.GRANT.JR. thence run S 73° 00' 33" E for 1904.96 feet to a point PRESIDENT of curvature; thence run southeasterly along the arc of I FORREST H. BANKS said curve to the left of radius 11621.16 feet (delta JOSEPH W. EBNER 01°.09' S 07") (chord bearing STEVEN K.MORRISON73°�35' 07" E) (chord ANDREW D. TILTON 233.67 feet) for 233.65 feet to an intersection with the i JEFFREY C.COONER north right-of-way line of State Road No. 84 (Old DAN W. DICKEY Alligator Alley) ; thence run N 89° 45' 01" W along the KENTON R. KEILING north right-of-way line of said State Road No. 84 IGEORGE J. KALAL MICHAEL L.HARMON THOMAS L. FENDLEY W. DAVID KEY. JR. W. BRITT POMEROY CARL A. BARRACO Exhibit B DOA- PL20140000561 Rev: GARY R . BULL KEVIN M. WINTER g Q gate Co , Page of Commercial Center DRI CONSULTANTS (Notice of Proposed Change) LESTER L. BULSON Date: 6/20/14 ROBERT S. O'BRIEN 3 DUE: 7/14/14 U 1 � 17A JOHNSON ENGINEERING,INC. ' Section 35, T. 49 S. , R. 26 E. January 7, 1991 Page 2 1 departing said limited access right-of-way line for ' 100.00 feet to an intersection with the easterly line of the parcel as described in deed recorded in Official Record Book 1477 at Page 246, Collier County Records; thence run S 00° 02' 19" E along said east line for 200.00 feet to an intersection with said south line of Section 35 and the Point of Beginning. ' Containing 65.79 acres more or less. SUBJECT TO easements, restrictions and reservations of record. AND ' Being all of Tollgate Commercial Center Phase One, as recorded in Plat Book 16 at Page 1, Collier County Records. ' ALSO Being all of Tollgate Commercial Center Phase Two, as recorded in Plat Book 18 at Pages 23 and 24, Collier County Records. ' Containing 34.45 acres, more or less. Bearings hereinabove mentioned are based on Florida DOT right-of- way map for State Road No. 93 (1-75) centerline bearing at Station 290 to bear N 73° 00' 33" W. 4/. - 4 , Mi hael W. Norman Professional Land Surveyor ' Florida Certificate No. 4500 MWN/pd 25023 i Exhibit B Page,1 L A 4 yo 17A ! 0,.: 0 t o cr- '70, \ rn 0 c---j,,-- t OmvC \ 0 Co, '''''' /10.0V -11 "tfi iwOZ>13 Cl VA f 1010 GNI r.�'. e- I. I.... IN} Ul h? zWnn 4 1-0 - C o • a. . �� z1 -=.. N • O -7::_. w 0 N .-• N ,._. FIRST CLASS • O - N — rr.•+ iii • ` • M o O UNITE") N s ....... O N'' rk, Ym N _ T w lc _ O N N n Z 4011414 O <0 o ,d s m o $III w Ntt car %) �� N O NI,114:1 7 A Rick Scott Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT of ECONOMIC OPPORTUNITY November 10, 2014 Ms. Ann Jennejohn Deputy Clerk Collier County Clerk of the Circuit Court 3315 Tamiami Trail E., Suite 102 Naples, Florida 34112-5324 Re: TOLL GATE COMMERCIAL CENTER; File Number ADA-09-1984-002 Dear Ms. Jennejohn: The Department is in receipt of the development order for the TOLL GATE COMMERCIAL CENTER development of regional impact (DRI) which was rendered to the Department on November 4, 2014. Rule 73-C40 (5), Florida Administrative Code, states, in part, that the rendering of a development order is the issuance of a written development order and the transmittal of a certified completed copy of the order by the local government with jurisdiction, together with all pertinent attachments. It further states that "A DRI development order will not be considered to have been rendered if... all pages, exhibits, references and attachments are not included..." The Department does not consider the TOLL GATE COMMERCIAL CENTER DRI development order as having been properly rendered because development order was not certified. Therefore, the Department's 45-day review period for the development order has not been triggered. Florida Department of Economic Opportunity The Caldwell Building 1107 E. Madison Street Tallahassee, FL 32399-4120 866.FLA.2345 1850.245.7105850.921.3223 Fax www.FloridaJobs.org www.twitter.com/FLDEO www.facebook.com/FLDEO An equal opportunity employer/program.Auxiliary aids and services are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711. 1 7 A Ms. Ann Jennejohn November 10, 2014 Page Two Please transmit to the Department a certified copy of the development order with an original County seal affixed, including a copy of all exhibits. Attached is sample certification language. Our appeal period will begin when we are rendered a certified and complete copy of the order. If you have any questions concerning this matter, please call Donna Harris in the Division of Community Planning and Development at 850.717.8491 or by e-mail at donna.harris@deo.myflorida.com. Sincerely, D. Ray Eubanks, Administrator Plan and DRI Processing Unit DRE/dh cc: Mr. David Crawford, Southwest Florida RPC Developer Attachment 17A Certification is generally done by your agency clerk and reads similar to the following: Hereby Certify that the forgoing is a true and correct copy of as approved by the Board of Commissioners at its regular meeting held , which is on file in the office of Witness my hand and official seal this day of . Signature Block County cof Culler 17 A CLERK OF THE CJRCtIT COURT COLLIER COUNTYXOURT\HOUSE 3315 TAMIAMI TRL E STE 102 Dwight E.Brock- e k of Circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor ustgdian of County Funds November 13, 2014 Scott Rogers, Planning Analyst Florida Department of Economic Opportunity Caldwell Building 107 E. Madison Street Tallahassee, Florida 32399 Re: Collier County Resolution 2014-229/Development Order 2014-02 Amending Toll Gate Commercial Center DRI Development Order 84-1 Attached for your review, is a certified copy of the document referenced above, adopted by the Collier County Board of County Commissioners on October 28, 2014, during Regular Session. Respectfully, DWIGHT E. BROCK, CLERK Ann J- fir r , Deputy Clerk Attachment Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.coln Email- CollierClerk a@collierclerk.coln 1 7 A _ 1 ___ hi I fedex.com 1.800.GoFedEx 1800 463 3339 W N '. rzi Wa ,f1": o log,'/S4 4"O n 3 3= g' O 3In mIn 3 Iia: :F W m 9 oo y m <z.ly s 4 roy t'' I m r m_ m • x r+ �• o.- IR Z .L - cn -• o f N- • ss H t 5. c <� vtil as Z _ I ^Zi co •• o� • • _ I e • •• • %m - o= .. =0 s:o o ,. s 3a. -<• I • •• �' cc, F, = Tr • • • is c0- a O. • r • y 3�m iI m C! • v, .• cn cn • I CD S1 • W CO CD S- ..I c N).":4 In . 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Brock- k of Circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor ustgdian of County Funds November 13, 2014 SWFL Regional Planning Council David Crawford 1926 Victoria Ave. Fort Myers, Florida 33901 Re: Collier County Resolution 2014-229/Development Order 2014-02 Amending Toll Gate Commercial Center DRI Development Order 84-1 Attached for your review is a certified copy of the document referenced above, adopted by the Collier County Board of County Commissioners October 28, 2014, during Regular Session. Respectfully, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk(g collierclerk.com 1 7 A Ann P. Jennejohn From: Ann P. Jennejohn Sent: Thursday, November 13, 2014 4:47 PM To: 'donna.harris@deo.myflorida.com' Subject: Collier County Development Order 2014-02 (File ADA-09-1984-002) Hi Donna, I'm a with Collier County's Board Minutes & Records Department. Last week I had mailed Development Order 2014-02 (Toll Gate Commercial Center) to Mr. Scott Rogers within your office. Today I received a letter from Mr. Eubanks notifying me a certified copy of the Resolution is required. First, let me apologize for my mistake in transmitting the document. Secondly, I was hoping to relay the message to him (or agency staff) that I mailed a certified copy of the Resolution via FedEx Overnight delivery this afternoon; your office should receive it tomorrow. A certified copy was also sent to SWFL Regional Planning Council. Again, I'm sorry for my mistake and any inconvenience I may have caused. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1