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Agenda 05/09/2017 Item #17A05/09/2017 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve amending Ordinance Number 92-10, as amended, the Tollgate Commercial Center Planned Unit Development (PUD), by amending the PUD document to add specific institutional uses as permitted uses on Tracts 7, 8 and 9 of the commercial use areas, “A” parcels, as shown on the PUD Master Plan; by amending the PUD document to add specific institutional uses as permitted uses on Tracts 16-20 and 24-25 of the commercial/light industrial uses area, “B” parcels, as shown on the PUD Master Plan; and by providing an effective date. The subject property is located at the intersection of Collier Boulevard (CR-951) and Beck Boulevard in Section 35, Township 49 South, Range 26 East, and Section 2, Township 50 South, Range 26 East, Collier County, Florida. [PUDA- PL20150002280] OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this Planned Unit Development Amendment petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The Tollgate Commercial Center Planned Unit Development (PUD) currently permits many Commercial and Industrial uses. The Applicant requests to add Section 4.3.1 to the list of permitted uses in the PUD document to permit limited Institutional uses such as, child daycare services, civil and fraternal organizations, vocational rehabilitation services, and religious organizations (churches). FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The GMP is the prevailing document to support land use decisions such as this proposed PUD Amendment application. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and the FLUM designation is a portion of the overall finding that is required, and staff believes the petition is consistent with the Collier County GMP as discussed in the attached CCPC Staff Report. Staff believes that the proposed Amendment may also be found consistent with the Future Land Use Element, GMP Transportation Element and the Conservation and Coastal Management Element. Therefore, Zoning Division staff recommends that the petition be found consistent with the goals, objective and policies of the overall GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on January 19, 2017, with a continuation of this petition to the February 2, 2017 17.A Packet Pg. 910 05/09/2017 hearing. The CCPC heard testimony from the Applicant’s agent and County staff. A motion was made by Commissioner Schmitt and seconded by Commissioner Ebert to recommend approval subject to the clarifications made to the list of permitted uses, revise/update the PUD citations and master plan. The motion passed by a vote of 6 to 0. LEGAL CONSIDERATIONS: This is an amendment to the existing Tollgate Commercial Center PUD (Ordinance No. 92 -10, as amended). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future 17.A Packet Pg. 911 05/09/2017 land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing zoning? (a “core” question…) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the 17.A Packet Pg. 912 05/09/2017 Board of County Commissioners shall deem important in the protection of the public heal th, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board approves the Tollgate Commercial Center PUD Amendment, subject to the attached PUD Ordinance. Prepared by: Fred Reischl, AICP, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report - signed (PDF) 2. [Linked] PUDA-Pl20150002280-Tollgate Commercial Center PUD (PDF) 3. 02-2-2017 CCPC Minutes (PDF) 4. Ordinance - 03-28-17 (PDF) 5. Legal Ad - Agenda ID 2629 (PDF) 17.A Packet Pg. 913 05/09/2017 COLLIER COUNTY Board of County Commissioners Item Number: 17.A Doc ID: 2629 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve amending Ordinance Number 92-10, as amended, the Tollgate Commercial Center Planned Unit Development (PUD), by amending the PUD document to add specific institutional uses as permitted uses on Tracts 7, 8 and 9 of the commercial use areas, “A” parcels, as shown on the PUD Master Plan; by amending the PUD document to add specific institutional uses as permitted uses on Tracts 16-20 and 24- 25 of the commercial/light industrial uses area, “B” parcels, as shown on the PUD Master Plan; and by providing an effective date. The subject property is located at the intersection of Collier Boulevard (CR- 951) and Beck Boulevard in Section 35, Township 49 South, Range 26 East, and Section 2, Township 50 South, Range 26 East, Collier County, Florida. [PUDA-PL20150002280] Meeting Date: 05/09/2017 Prepared by: Title: Planner, Principal – Zoning Name: Fred Reischl 01/30/2017 1:59 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 01/30/2017 1:59 PM Approved By: Review: Zoning Michael Bosi Additional Reviewer Completed 03/08/2017 1:38 PM Zoning Ray Bellows Additional Reviewer Completed 03/28/2017 3:34 PM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 03/28/2017 4:00 PM Growth Management Department Judy Puig Level 2 Division Administrator Skipped 03/21/2017 12:52 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 03/29/2017 3:33 PM Growth Management Department James French Additional Reviewer Completed 03/31/2017 6:55 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/03/2017 8:20 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/10/2017 10:46 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 04/13/2017 9:22 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/02/2017 2:52 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/09/2017 9:00 AM 17.A Packet Pg. 914 17.A.1 Packet Pg. 915 Attachment: Staff Report - signed (2629 : Tollgate PUDA) 17.A.1 Packet Pg. 916 Attachment: Staff Report - signed (2629 : Tollgate PUDA) 17.A.1 Packet Pg. 917 Attachment: Staff Report - signed (2629 : Tollgate PUDA) 17.A.1 Packet Pg. 918 Attachment: Staff Report - signed (2629 : Tollgate PUDA) 17.A.1 Packet Pg. 919 Attachment: Staff Report - signed (2629 : Tollgate PUDA) 17.A.1 Packet Pg. 920 Attachment: Staff Report - signed (2629 : Tollgate PUDA) 17.A.1 Packet Pg. 921 Attachment: Staff Report - signed (2629 : Tollgate PUDA) 17.A.1 Packet Pg. 922 Attachment: Staff Report - signed (2629 : Tollgate PUDA) 17.A.1 Packet Pg. 923 Attachment: Staff Report - signed (2629 : Tollgate PUDA) 17.A.1 Packet Pg. 924 Attachment: Staff Report - signed (2629 : Tollgate PUDA) February 2, 2017 Page 1 of 16 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, February 2, 2017 LET IT BE REMEMBERED, that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Mark Strain Stan Chrzanowski Diane Ebert Karen Homiak Joe Schmitt Patrick Dearborn ALSO PRESENT: Raymond V. Bellows, Zoning Manager Fred Reischl, Principal Planner Jeffrey Klatzkow, County Attorney Scott Stone, Assistant County Attorney Tom Eastman, School District Representative 17.A.3 Packet Pg. 925 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) February 2, 2017 Page 2 of 16 P R O C E E D I N G S CHAIRMAN STRAIN: Good morning, everyone. I shouldn't say "everyone." I think it's almost just us and a couple of -- okay. Welcome to the February 2nd meeting of the Collier County Planning Commission. If everybody will please rise for Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN STRAIN: Okay. Will the secretary please do the roll call. COMMISSIONER EBERT: Yes. Good morning. Mr. Eastman? MR. EASTMAN: Here. COMMISSIONER EBERT: Mr. Chrzanowski? COMMISSIONER CHRZANOWSKI: Here. COMMISSIONER EBERT: Ms. Ebert is here. Mr. Strain? CHAIRMAN STRAIN: Here. COMMISSIONER EBERT: Ms. Homiak? COMMISSIONER HOMIAK: Here. COMMISSIONER EBERT: Mr. Schmitt? COMMISSIONER SCHMITT: Here. COMMISSIONER EBERT: And, Mr. Dearborn? COMMISSIONER DEARBORN: Here. CHAIRMAN STRAIN: Okay. There's one item on today's agenda. I don't know of anything that needs to be changed under addenda to the agenda. Ray, do you have anything? MR. BELLOWS: I have no changes. CHAIRMAN STRAIN: Okay. That takes us to Planning Commission absences. Our next meeting is February 16th. Does anybody know if they're not going to make it to the February 16th meeting? (No response.) CHAIRMAN STRAIN: Okay. Looks like we'll have a quorum. The approval of minutes is the January 5th meeting. Those were sent to us electrically. Are there any corrections or a motion to approve? COMMISSIONER DEARBORN: Motion to approve. CHAIRMAN STRAIN: Made by Patrick. COMMISSIONER CHRZANOWSKI: Second. CHAIRMAN STRAIN: Second by Stan. All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 6-0. BCC report and recaps, Ray. MR. BELLOWS: Yes. On January 24th, the Board of County Commissioners heard the PUD rezone for Hamilton Place. That was approved on their regular agenda by a vote of 5-0 subject to the CCPC recommendations. CHAIRMAN STRAIN: Okay. Thank you. Chairman's report: I just had one thing I wanted to ask if staff could do some research on. The LDC 17.A.3 Packet Pg. 926 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) February 2, 2017 Page 3 of 16 and GMP and other kinds of amendments that come to us, generally Judy Puig is in charge of handling the packages for this commission, and she's well versed and does that very competently, but those other two elements, when an LDC item comes through or sometimes I think it's GMPs, they may not always go through her if they're stand-alones. Is there some way that we could have the consistency of having her involved in all of the agendas for this panel instead of others doing it? MR. BELLOWS: For the record, Ray Bellows. I don't believe that would be a problem. I thought she was involved in those, quite frankly. But if not, we will work to make sure that consistency's in place. CHAIRMAN STRAIN: Okay. I think it would be helpful to everybody. She has a good pattern down, and we've worked with her a long time. So thank you. Consent agenda: There are no items. ***We'll move right into our advertised public hearing. It's Item 9A. It's Petition No. PUDA-PL20150002280. This is a continued item from the January 5th CCPC meeting. It's for the Tollgate Commercial Center Planned Unit Development. All those wishing to testify on behalf of this item, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN STRAIN: And disclosures on the part of the Planning Commission: We'll start with Mr. Eastman. MR. EASTMAN: None. CHAIRMAN STRAIN: Stan? COMMISSIONER CHRZANOWSKI: Not since the last time. CHAIRMAN STRAIN: Okay. Diane? COMMISSIONER EBERT: None. CHAIRMAN STRAIN: Since last time I have talked with the applicant's representatives a couple of times, there's been some correspondence and emails going back and forth, and numerous conversations with staff. Karen? COMMISSIONER HOMIAK: None. CHAIRMAN STRAIN: Joe? COMMISSIONER SCHMITT: None. CHAIRMAN STRAIN: Patrick? COMMISSIONER DEARBORN: None. CHAIRMAN STRAIN: Okay. With that, Richard, you want to take us through today? MR. YOVANOVICH: Well, hopefully -- sorry. For the record, Rich Yovanovich on behalf of the petitioner. Hopefully you have all received the strikethrough and underline changes to the PUD that have been made since the last time we met incorporating the discussions we had. I believe all of the changes accurately reflect the changes that were brought up mainly pertaining to buffers and assuring that the new uses can be placed into existing buildings, I think, were the primary issues that needed to be addressed. And if you need me to go page by page, I can, but I believe you have all of that; am I correct? CHAIRMAN STRAIN: Anybody -- I think that all came to us. There was some changes, though, after that packet came out. MR. YOVANOVICH: Okay. So I don't know -- that's why I'm asking. I don't know exactly what packet you have in front of you, so... CHAIRMAN STRAIN: And I'd have to ask staff. I know that there was some changes needed to the legal, the way it was legally -- Fred? I know there were some changes made to the way it was legally described in the document, and those changes have been corrected, but I just want to make sure -- MR. REISCHL: And have not been forwarded to you. CHAIRMAN STRAIN: Okay. Then you're going to have to walk us through, if you don't mind. MR. YOVANOVICH: I don't mind. If you don't mind, let me work my way backwards. One of the issues that came since the subsequent review was we had legal descriptions with the 17.A.3 Packet Pg. 927 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) February 2, 2017 Page 4 of 16 property that was being added to the -- actually not added to the PUD, but that the new uses were going to be allowed to occur on. There was a change in philosophy on how to deal with that and instead deal with it through the master plan identifying the properties that these new uses could go on. So there was a revision to the master plan to identify -- and you've seen this exhibit before, but there's a small modification to what you previously saw. These are the parcels in either the Section 3 or Section 4 uses that are eligible for the new uses on the property; however, these two pieces right here -- and I think I have those right, but I don't have my glasses on. CHAIRMAN STRAIN: That's correct. MR. YOVANOVICH: We're in a condominium, and a couple of the condominium owners had not signed on as part of the application. We had originally intended to have just the unit owners that were participating in the PUD who had consented to it participate; however, it was recommended to us that the condominium in its entirety should be excluded from the eligibility of having new uses. So we have deleted those two parcels from what you had previously seen as being eligible for these uses, which resulted in, now if we work our way back to the forward, we no longer needed an Exhibit B, which was the new legal descriptions. So we have an Exhibit A that identifies the properties that are located on the property. And I don't think you have this changed page, but I'm not 100 percent sure. We don't have another change -- there were some legal descriptions that have been struck through. I only have a clean version with me, but we removed some legal descriptions that were previously added that are no longer in the PUD document. Other than that, I think everything you should have at this point should be the same. Am I right, Fred? MR. REISCHL: That's my understanding. It should be -- MR. YOVANOVICH: You already have -- MR. REISCHL: -- except for the legals. MR. YOVANOVICH: Right. And they're out. So those are what you have not seen and what's in front of you. We had gone through, and I hopefully better defined the types of social service uses that are hopefully acceptable to the Planning Commission, because those -- it was SIC Code 8322 that came up as it has the big long list, and we said we'd come back and we would shorten the list to the types of uses that we hope are acceptable to those on the Planning Commission who had concern about the breadth of that original SIC code. So hopefully we did it okay, and if there are still concerns, please let me know. COMMISSIONER HOMIAK: I'm not sure I understand them, because they're not listed the way they are listed under that code. The wording isn't -- you can't even figure out which ones they are. CHAIRMAN STRAIN: Well -- and that brings back the reason I gave Fred an overhead. Please put it on the overhead, then Karen will be able to -- it will be more easily rectified. And the issue at hand is the language on Page -- and, Karen, I agree with you; there's nothing gained by the language that was presented to us. COMMISSIONER HOMIAK: I was trying to find it, and I couldn't. CHAIRMAN STRAIN: Well, let's just walk through it, because on those lists there, and according to what you submitted, it said, social services, SIC Code 8322, limited to daycare centers dash, adult. Okay. That is one of the items in the left-hand column. You see daycare centers, adult and handicap. Then it says, child development programs. I don't see that on here. Government then, dash, individual/family social services. That's what's the title says, so now you're incorporating the title as a limitation to the whole thing, which doesn't make a lot of sense. Then it says, senior citizen centers or associations. That one is on here. Then it says, general counseling services. That is not on here. So we've gained nothing by this submission. MR. YOVANOVICH: Well, actually, if you'd rather we take the word "general" out and leave the word "counseling centers," which is on there, in, we could do that. We thought, frankly, by putting the word "general" in there, it might be more limitation on the types of counseling services. 17.A.3 Packet Pg. 928 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) February 2, 2017 Page 5 of 16 I don't have an express definition, but it seemed to me that there were concerns about how broad counseling services may be. I'm happy to delete the word "general" if that makes sense to make it easier to understand that if, for instance, you have -- you know, you want to go to a marriage counselor or if you want to go to a counselor because you can't figure out how to deal with your kids and things like that, that's what we thought general counseling services were. But I'm happy to better describe that if that will help. COMMISSIONER HOMIAK: Well, those are listed out. I mean, if you want, there's family counseling services, marriage counseling services. I mean, the list -- it just is hard to understand what -- MR. YOVANOVICH: Well, counseling services as a general category is also listed according to what -- I didn't bring my SIC code book. I'm just looking at what's on the left-hand side. CHAIRMAN STRAIN: Look at 7999 on the top. You said, 7999, limited to, and you were very specific about those items that are -- some of them that are listed at 7999. You were supposed to do the same thing with social services, 8322, but instead, that's not what we got here. We don't have items that can specifically be picked out of those bullet points. In fact, the second or third one in says, government, dash, individual, slash, family social services. That's the title. So basically you're saying by that one you want everything in there and circumventing everything we asked you to take a look at. It does no good. I mean, I don't understand what you're trying to do here. MR. YOVANOVICH: All right. Let's take that one out. Is that okay? CHAIRMAN STRAIN: Well, it's a beginning. MR. YOVANOVICH: The beginning. COMMISSIONER HOMIAK: Well, our discussion at that meeting -- at that time was for senior services, day care to be added. That was your concern that you wanted to leave that in. MR. YOVANOVICH: Well, I think the regular child daycare was what I said. COMMISSIONER HOMIAK: That's different. You have another code in there for that. MR. YOVANOVICH: I know, but we talked about both of those, because one of the issues that came up was, is child daycare appropriate. And we said, well, would it make sense in this category for adult daycare to also be an allowed use, and I think we took care of that. COMMISSIONER HOMIAK: Well, they have -- it's listed as adult daycare centers -- MR. YOVANOVICH: Right. COMMISSIONER HOMIAK: -- centers for senior citizens, daycare centers, adult and handicapped, old age assistance -- MR. YOVANOVICH: So what we have -- COMMISSIONER HOMIAK: -- and your senior citizens associations. Those are listings under that code for seniors. MR. YOVANOVICH: Okay. And don't we have those listed? The only ones -- which ones are too broad, if I remember, is the government individual and family, take that out, correct? CHAIRMAN STRAIN: Richard? MR. YOVANOVICH: And general counseling services. CHAIRMAN STRAIN: Why can't this be approached just like you did the first one? MR. YOVANOVICH: Mr. Strain, we were trying to do that. CHAIRMAN STRAIN: No. You were trying to re-generalize it to a point where no one would know what of these were applicable at that site and, in essence, with the language you provided, all of them would be reapplied. MR. YOVANOVICH: Mr. Strain, it really -- it really is not fair to tell me what I intended to do. CHAIRMAN STRAIN: Did you read this document? MR. YOVANOVICH: I did, and I did read it. CHAIRMAN STRAIN: Then we'll see how hard you read it in a few minutes. MR. YOVANOVICH: I did not intend to go back and put back in everything that we were deleted (sic). That's not my style. It has never been my style. CHAIRMAN STRAIN: Then if you read it, then what did you see government, dash, individual, slash, family social services to exclude from that list -- 17.A.3 Packet Pg. 929 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) February 2, 2017 Page 6 of 16 MR. YOVANOVICH: I thought -- CHAIRMAN STRAIN: -- since it's the title? MR. YOVANOVICH: I understand that, Mr. Strain. But I'm saying in Rich Yovanovich's mind, it meant government services that deal with individuals and families, social service related, not the entire group. Now, if that was the unintended consequence, I will accept responsibility for that, but I will not accept someone saying to me that my intent was to try to delete then put it back in. I will tell you -- CHAIRMAN STRAIN: Well, we each have our own opinion on that. MR. YOVANOVICH: That's fine. But it was not my intent. CHAIRMAN STRAIN: Well, I don't know if it was your intent, but it came out in a manner that could have been interpreted that way. MR. YOVANOVICH: I appreciate that, but I did read it, because we got a comment back, and I -- and that's what I thought it meant. I did not get comments back saying, hey, why don't you change the words to this. Maybe that would be better. CHAIRMAN STRAIN: Well, let's go back to what we anticipated in the first place. 8322 limited to, and then let's look at -- MR. YOVANOVICH: Are we okay with daycare centers adult? CHAIRMAN STRAIN: I don't have a problem with that. Karen? COMMISSIONER HOMIAK: No. Yeah. CHAIRMAN STRAIN: It's Karen's area. I'll let her -- MR. YOVANOVICH: I agree. CHAIRMAN STRAIN: -- jump in on most of it, so -- you started it. COMMISSIONER HOMIAK: I mean, I just read the ones that pertained to adult daycare, and -- MR. YOVANOVICH: Instead of my trying to figure out which ones you don't want and the limited-to list, why don't you tell me which ones you'd like us to take out. CHAIRMAN STRAIN: You want to walk through the list, then, one at a time? MR. YOVANOVICH: Quickly looking, looks like there's five. COMMISSIONER HOMIAK: I thought you were just going to list the ones that pertained to seniors. That was what we were talking about at the last meeting. And I read the minutes over, so -- the child daycare is listed under another code. MR. YOVANOVICH: Are senior citizen centers or associations acceptable? COMMISSIONER HOMIAK: Yes. Adult daycare centers, senior -- centers for senior citizens, daycare centers, adults and handicapped, old-age assistance. I don't know what that is. MR. YOVANOVICH: Well, we didn't ask for the -- COMMISSIONER HOMIAK: Senior citizens association. MR. YOVANOVICH: And we thought -- and I thought social services, senior citizens centers or association, was from the list of what we wanted. Is that acceptable? COMMISSIONER HOMIAK: Social services? Where is it? MR. YOVANOVICH: Well, you have social service centers. You have senior citizen associations, so we were trying to limit that to seniors. COMMISSIONER HOMIAK: Yeah. MR. YOVANOVICH: Both senior citizen centers and then senior citizen associations. Are those -- is that category that we have okay? COMMISSIONER HOMIAK: I just said that on the other one twice already. MR. YOVANOVICH: Okay. Well, I'm trying to go through the list of which ones need to come out. So nobody likes, it sounds like, governmental-individual/family social services. We want that out, correct, because that was believed to mean we were now bringing everything back in; fair? COMMISSIONER HOMIAK: Right. MR. YOVANOVICH: Okay. We're okay -- are we okay with the characterization senior citizens centers or association? COMMISSIONER HOMIAK: Yeah. MR. YOVANOVICH: Okay. Do you want me to change "and general counseling services" to just 17.A.3 Packet Pg. 930 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) February 2, 2017 Page 7 of 16 "and counseling services," or do you want the whole category gone? CHAIRMAN STRAIN: Why don't we follow what the bullets are that are on the overhead, and it says counseling centers. So let's just leave it as counseling centers. MR. YOVANOVICH: Okay. So I have on this -- this is my -- hopefully I took the notes correctly for revisions that we need to make. CHAIRMAN STRAIN: What are child development programs? MR. YOVANOVICH: Well -- okay. I missed that one when we went through the list. Does anybody have a problem with child development programs? CHAIRMAN STRAIN: I don't know what it is. Where on the list does it occur? MR. YOVANOVICH: Can I move this so I can actually read it? CHAIRMAN STRAIN: Sure. COMMISSIONER CHRZANOWSKI: Mark, a small point, but I think the citizens, I think the apostrophe S should be an S apostrophe. Small grammatical point. CHAIRMAN STRAIN: Well -- MR. YOVANOVICH: I don't see that terminology specifically used. I see the terms "youth centers" and "youth self-help organizations." Would you prefer we use those two references? COMMISSIONER HOMIAK: You know you have child daycare services in there, 8351? CHAIRMAN STRAIN: That's the NACS code. That isn't SIC. Why don't we stick with the 8322 description in the 1987 NACS code -- or SIC code. Well, that isn't the one that's in front of us. The one that's in front of us is the one we use in Collier County. So you tell me, which one would you like to use? MR. YOVANOVICH: I'm just saying, Mr. Strain, apparently, when Mr. Duane was working on this list, was looking at a more current version of the SIC code book. So we took a terminology from an SIC book. It was not an -- it was not intended to confuse anybody, so I'm just trying to explain how we got to where we are with the difference in terminology. So what I'm asking is would you prefer us to go to youth centers and youth self -- I can't read it from this far -- youth self-help organizations, since that's in the current SIC code book. CHAIRMAN STRAIN: Rich? COMMISSIONER SCHMITT: Why not use the term that's on there, "child guidance agencies"? MR. YOVANOVICH: Can do that as well. I'm okay with -- you know, child development services is what's the more common or the more current SIC code book. So I'm happy to use all three of those. COMMISSIONER SCHMITT: Youth self-help programs, organizations. Youth self-help organizations. I guess I'm waiting for you to tell me what you want so I can -- MR. YOVANOVICH: I almost called you, out of habit, by your first name. Mr. Schmitt -- COMMISSIONER SCHMITT: Yes. MR. YOVANOVICH: -- I'm fine with all three of those; youth centers, youth self-help, youth gui -- is it youth guidance or guidance? CHAIRMAN STRAIN: Okay. Richard, a simpler way to approach this -- most of those aren't problematic. I would think we'd be better off saying -- MR. YOVANOVICH: Most of which? CHAIRMAN STRAIN: The list you have in front of us right here today. The issue started with just a few of these uses that were probably more extreme that might be benefiting an interchange activity center, such as the alcoholism counseling, probation offices, parole offices, outreach programs, offender self-help agencies, offender rehabilitation programs. If we were to take some of those out, the rest, I didn't think, were problematic. MR. YOVANOVICH: I agree, Mr. Strain. COMMISSIONER SCHMITT: I agree. CHAIRMAN STRAIN: We're going at it backwards. Instead of saying what should be in, because I think that's a bigger list, we ought to just look at what should be out, then we just cross them out, and we're done. MR. YOVANOVICH: Okay. COMMISSIONER SCHMITT: So just -- let's approach it. Say, instead of "limited to," say 17.A.3 Packet Pg. 931 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) February 2, 2017 Page 8 of 16 "excluding." MR. YOVANOVICH: Just help me. Are we referring to the list that's on the -- COMMISSIONER SCHMITT: I'm going to defer to Karen. COMMISSIONER HOMIAK: So now what are we doing? COMMISSIONER SCHMITT: Just take the ones that are -- CHAIRMAN STRAIN: Okay. Let's just walk through it. If you were to look at that list, the fifth bullet down, alcoholism counseling, drop that. On the next list over, drop the two offender programs. COMMISSIONER SCHMITT: Right. CHAIRMAN STRAIN: On the ones down from that, drop parole offices and probation offices. COMMISSIONER DEARBORN: Chairman Strain? CHAIRMAN STRAIN: I think that gets us there for the most part. Yes, Patrick. COMMISSIONER DEARBORN: On the left-hand side, second one down, bullet point, meal delivery programs, is that an outreach programs for people in need for meal delivery, or is that a commercial/retail meal delivery-type food service? CHAIRMAN STRAIN: That would be something I don't know without looking at the detail. Ray, would that be a -- would people be going there eating, or would they be just delivering? Do you know from your -- we've probably never had that question asked before. MR. REISCHL: No. I believe that under that category, because it is a social service, it would be like Meals on Wheels rather than Schwan meal delivery, which is a commercial use. CHAIRMAN STRAIN: Does that get you there, Patrick? COMMISSIONER DEARBORN: It does, and I'm all for those type organizations. I'm just wondering -- again, it goes back to the issue -- we talked about issues with childcare services, et cetera. The type of people that might be coming there for these outreach programs, does that potentially cause any problems? COMMISSIONER HOMIAK: Well, no. This isn't soup kitchens or anything. MR. YOVANOVICH: I interpret this to mean, nobody's coming there for the meal. It means that we're actually going to deliver them to your house -- COMMISSIONER DEARBORN: Okay. MR. YOVANOVICH: -- or wherever else. COMMISSIONER DEARBORN: Okay. Thank you. CHAIRMAN STRAIN: Right now we look at those five as being excluded; that pretty much cleans it up, unless somebody else has others that seem problematic. We're taking out the alcoholism, the offenders, and the parole and probation offices, so that's five of them. Does anybody have any more that seem concerning for that location? COMMISSIONER HOMIAK: No. CHAIRMAN STRAIN: There we are. Doesn't that solve it a little bit better than what we've got currently on the PUD? MR. YOVANOVICH: I'm never going to argue with someone giving me more uses than I originally thought I was asking for. CHAIRMAN STRAIN: No. You were originally asking for six -- five more uses than you're now getting. But that's as simple as it needs -- it can be, Rich. MR. YOVANOVICH: Mr. Strain, I understand that, and I thought the direction was to come back and tell you what we wanted, not what we were excluding. So we had a failure to communicate. I'll take 100 percent responsibility for that, and let's just move on. CHAIRMAN STRAIN: Okay. Well, now that we've gotten past that and we understand what six uses are involved, does anybody have any other questions of the applicant at this time? MR. YOVANOVICH: Which six uses are excluded. CHAIRMAN STRAIN: It's five uses are excluded. Yeah, those are excluded. Does anybody have any other issues? COMMISSIONER SCHMITT: We have that on the record now, so... 17.A.3 Packet Pg. 932 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) February 2, 2017 Page 9 of 16 CHAIRMAN STRAIN: Yeah, we've -- we'll have to -- I have -- this will most likely have to come back. MR. YOVANOVICH: Oh, come on. CHAIRMAN STRAIN: We're not done yet, Richard, and after we're done, maybe we can talk about whether it needs to come back or not. Since you read it -- MR. REISCHL: The commission would be comfortable with the SIC code excluding -- CHAIRMAN STRAIN: Those five. MR. REISCHL: -- those five. Okay. CHAIRMAN STRAIN: Okay. If you could turn to Page 1. Mr. Coleman, your partner, probably wouldn't appreciate his name being misspelled. I think that needs to be corrected. On Page 6, property ownership, 1.3 says the subject property is currently owned by and under the unified control of Tollgate Commercial Center. The properties in question we know were not. You have a sky, something or other, involved in this, so I think 1.3 may need to be updated to reflect the other ownerships. On Page 11, under the Table 1, Item A, second sentence -- Ray, do you have Internet access to MUNI code? MR. BELLOWS: Yes. CHAIRMAN STRAIN: Could you go to MUNI code and tell me if there's a Section 10.02.13.6 Capital E. MR. BELLOWS: 10.02.13? CHAIRMAN STRAIN: 10.02.13.6.E. MR. YOVANOVICH: Mr. Strain, what page are you on? CHAIRMAN STRAIN: I'm on Page 11 under A, the second paragraph. COMMISSIONER SCHMITT: I'll look that up if you've not found it. CHAIRMAN STRAIN: Well, he won't find it. I just wanted him to acknowledge it wasn't there. MR. BELLOWS: Thank you. Yes, I could not find it. I could still be looking. CHAIRMAN STRAIN: Okay. So that's the citation error. Ray, could you go to 10.02.04.2. Tell me if you can find that. I mean, I know the answers, but -- 10.02.04.2. This is on Page 12, second paragraph. MR. BELLOWS: 10.02 -- what was the last part? CHAIRMAN STRAIN: 10.02.04.2. It can't be there because that's not how we lay out our code, but I thought you'd -- MR. BELLOWS: Yeah, I don't see it. CHAIRMAN STRAIN: Okay. If you go to 2.5 on the same page, it's that same one you acknowledge is not there, 10.02.13.6.E. That's an incorrect citation as well. If you go to 2.6, it's 10.02.13.6.D. I don't believe you'll find that either. MR. YOVANOVICH: Mr. Strain, help me remember. We went through a list of incorrect citations at the last meeting. Are these the same list? CHAIRMAN STRAIN: I'd have to go back and verify it. I don't know if they are or not. MR. YOVANOVICH: Because I'm just looking at what was in front of you the last time, and the same cites were in front of you the last time. CHAIRMAN STRAIN: Well, you -- oh, so it's my fault I didn't check that last time? MR. YOVANOVICH: No, I'm not saying that. I'm just asking -- you know, look -- CHAIRMAN STRAIN: I'm not -- if you think that this document leaving here today goes to the Board and then gets recorded with these errors, it's not going to happen, Rich. MR. YOVANOVICH: Mr. Strain, I'm not asking you to do that, but I would -- could we have a five-minute break; do you mind? CHAIRMAN STRAIN: No, I don't mind. We'll break until 9:33. How's that? MR. YOVANOVICH: That would be great. Can I have a moment with you? (A brief recess was had.) CHAIRMAN STRAIN: Okay. We're back on record. And I had a discussion with Mr. Yovanovich, 17.A.3 Packet Pg. 933 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) February 2, 2017 Page 10 of 16 and he's acknowledged that there are some incorrect citations. We don't know today what those citations are correct -- need to be corrected. Staff apparently missed it as well. I will move through the rest of them just to point them out, and at the end we'll have a discussion on how this can be finalized in a manner that may at least save the applicant's ability to come back on consent. There's a bunch of conflicting schedules that would make consent difficult. So I'm more than willing to try to get this fixed without a consent, but we do have to get it fixed. So on Page 12, the 2.8, that citation is in error as well. If we can move down to 3.3.1.A -- and this is on Page 15, the suggestion from -- I talked to Ms. Ashton before -- she wasn't able to be here -- and she suggested that the sentence read, in addition to the uses set forth in 3.3.A, the following principal uses are permitted on Tracts 7, 8, and 9 as shown on the master plan, Exhibit A. COMMISSIONER EBERT: Mark, I have a question. CHAIRMAN STRAIN: Yes. COMMISSIONER EBERT: They said they were using an updated SIC book. Why are they not using the same one that the county uses? CHAIRMAN STRAIN: Well, I think for the most part they are. There were just some generalizations in that version that we saw that weren't the same as we use, and that's been fixed by the exclusions now on 8322. The rest of them are consistent. COMMISSIONER EBERT: Okay. MR. YOVANOVICH: Tracts 7, 8, and 9? CHAIRMAN STRAIN: Tract 7, 8, and 9. And the next one we go to, which will be 431 -- if there's a problem with that we'll -- MR. YOVANOVICH: And there's a small portion of 10. CHAIRMAN STRAIN: That's right. There is. That was added back in after the legals were modified. Okay. MR. YOVANOVICH: And a portion of 10. CHAIRMAN STRAIN: Yeah. MR. YOVANOVICH: On the PUD master plan. CHAIRMAN STRAIN: Yep. On Page 16, No. 8, the new reference to Section 5.06.00 just needs to be underlined. It's new language. Number 9, No. 9 reads the minimum off-street parking and off-street loading requirements, semicolon or colon, as required by Division 4.05.00 of the Land Development Code. It should read, as required by Division 2.3, and then that crossed out as old language because that's how it exists in the PUD, then add the word "Section" before 4.05.00 and underline those two words. Under No. 10, minimum landscape requirement, Ms. Ashton reviewed this and had a couple other comments. Under -- where it says A, landscape buffer width requirement adjacent to CR84 and CR951, colon, CR84, five feet, and CR951, then there's a period. The period needs to be a comma, and it should say 10 feet Type D buffer. But the landscape -- then it goes on with the rest of the sentence. MR. YOVANOVICH: D as in dog? CHAIRMAN STRAIN: Pardon me? MR. YOVANOVICH: D as in dog. CHAIRMAN STRAIN: D as in dog, yes. MR. YOVANOVICH: Thank you. CHAIRMAN STRAIN: With the landscape installation requirement set forth in the Land Development Code, and then the 4.06.02.C.1 is supposed to be just C.4, not C-1.4. Then you can drop the rest of that sentence because that's redundant. MR. YOVANOVICH: So C.4? CHAIRMAN STRAIN: That's correct. You don't need the C-1.4. That's another citation that's a problem. Under B, the landscape buffer width requirement adjacent to interior platted streets, colon, five feet 17.A.3 Packet Pg. 934 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) February 2, 2017 Page 11 of 16 with a Type A buffer instead of Alternative A. And the citation on that one is 4.06.02.C dot 1, not dash 1. Then drop the rest of that sentence. MR. STONE: Mr. Chair? CHAIRMAN STRAIN: Yes. MR. STONE: Just one point of clarification. After Type A buffer, it should say Type A buffer pursuant to. CHAIRMAN STRAIN: Okay. That's right. Well, it says -- now it says it will be Type A buffer of the Land Development Code, and it will say pursuant to the Land Development Code is what you're suggesting, right? MR. STONE: Correct. CHAIRMAN STRAIN: Then that gets us to Page 17, a small grammatical under Item D. The citation is 4.06.00, landscaping, comma, buffering, comma, and vegetation retention. The comma was missing between landscaping and buffering. Under No. 12, uses set forth in section -- the S should be capitalized, and it says 4.3.1, but that's from the next section. So this one should read 3.3.1. It's on Page 17. That takes us to Page 20, which is Section 4.3.1. The sentence in the beginning needs to be changed to reference the tracts involved, and it should say, in addition to the uses set forth in Section 4.3.A, the following principal uses are permitted on Tracts 16 through 20 and 24 through 25. And it's shown on the PUD master plan, Exhibit A. And in that one we'll also be correcting the exclusions to section -- SIC Code 8322. On Item -- Page 21 towards the bottom, No. 10, the same corrections to A and B that were just talked about on Section 3.3.A, and 10A and B would apply. Same correction to No. 10.D would apply. That's just a comma between -- in the title. And that page, this is -- now we're on Page 22. On that page the Paragraph 12 is correct because it does reference Section 4.3.1. MR. YOVANOVICH: Do you want me to capitalize the S? CHAIRMAN STRAIN: The S, thank you. When we move into Page 25 a couple pages down, Ms. Ashton noted that the fourth line of A, code of ordinances should read Code of Laws and Ordinances, and that, again, is an incorrect citation to the utilities section involved. I don't know what the right one is, but that will have to be -- MS. STONE: Mr. Chair, I can tell you the correct citation. CHAIRMAN STRAIN: Okay. MS. STONE: It's 134-57. CHAIRMAN STRAIN: Okay. And this one is 1.3.5.7, so that needs to change to 134-57. MS. STONE: Yes. MR. YOVANOVICH: So it should read Code of Laws and Ordinances, Chapter 134-57, and then strike the rest of that? CHAIRMAN STRAIN: I think that would -- is that right -- MR. STONE: That's right. CHAIRMAN STRAIN: -- or is that just a section? MS. STONE: You can simply replace this 1.3.5.7 with 134-57. MR. YOVANOVICH: So it's Section 134-57, okay. CHAIRMAN STRAIN: If we go to Page 26 at the top of the page under B, this one is referenced to a 201-19. First of all, it's not a right-of-way ordinance. It would be a Collier County ordinance. And it -- that's, again, another incorrect citation. I don't know -- I did not take the time to figure out which one it should be. And No. C, Collier County code, and it should be Code of Laws and Ordinances, Chapter 22. We move down to 5.7 on the bottom of Page 26, Item 6C, it's referring to the old division of the Land Development Code that used to have the excavation permit. That would need to be corrected consistent with the other reference to excavation. MR. YOVANOVICH: I'm sorry, Mr. Strain. I was behind you. Which one? 17.A.3 Packet Pg. 935 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) February 2, 2017 Page 12 of 16 CHAIRMAN STRAIN: 5.7.C. That an old reference. It needs to be corrected. You had caught it in one of the other parts of the document, but it wasn't caught here. COMMISSIONER SCHMITT: Is the EER correct on that? Isn't that the old designation of the organization? Isn't it DEP now? CHAIRMAN STRAIN: Might be, yeah. COMMISSIONER SCHMITT: And then instead of ACOE, it should be -- USACE, U.S. Army Corps or Engineers. ACOE is improper. USACE. CHAIRMAN STRAIN: If we move down to the next page, Item D doesn't exist in the reference it's at. It's at 60.06.01, street system requirements. I asked Mike Sawyer to help clarify this. Mike, did you find a correct reference? MR. SAWYER: For the record, Mike Sawyer, Transportation Planning. I think this is actually fairly simple. I think the reference was meant to be LDC Chapter 6.06.01.H.2. CHAIRMAN STRAIN: Six-point -- MR. SAWYER: 06.01.H.2. MR. YOVANOVICH: So it's LDC section -- MR. SAWYER: Correct, with a Capital S. CHAIRMAN STRAIN: So if that correction is made, that will take care of that one. Thank you. MR. SAWYER: Correct. I can also give you the correct ordinance. CHAIRMAN STRAIN: By the way, in B, it would be referring to, Richard, Collier County Code of Laws and Ordinances again, I believe. MR. YOVANOVICH: I got that one. CHAIRMAN STRAIN: Okay. Mike? MR. SAWYER: Going back on Page 26, top of the page, B, I believe the correct ordinance reference there is 93.64. MR. YOVANOVICH: Dash 64? MS. STONE: If I may, Mr. Chair. Again, I believe the current right-of-way ordinance would be 03-37. If I'm incorrect, please let me know. MR. SAWYER: Oh, I apologize. You're right. Yes. MS. STONE: And if that's the case, it should read 03-37, as amended. COMMISSIONER CHRZANOWSKI: Could I ask something? 5.8.D, all traffic control devices, why didn't they just put a period after MUTCD, Manual on Uniform Traffic Control Devices? Sorry. You know -- COMMISSIONER EBERT: There's a lot of corrections. CHAIRMAN STRAIN: Why didn't they what, now? COMMISSIONER CHRZANOWSKI: Just put a period after Manual on Uniform Traffic Control Devices. Why do you have to put as required by chapter whatever? We always just used to say, you know, conform to the MUTCD. CHAIRMAN STRAIN: Mike? MR. SAWYER: Staff would also agree with that and, quite honestly, that whole section could be stricken because we're always held to that same standard and always have. COMMISSIONER CHRZANOWSKI: It's redundant. MR. SAWYER: Correct. CHAIRMAN STRAIN: Well, then we'd have to change all the lettering and everything else. So let's just strike -- let's leave it generic, like Stan's suggesting. I think that cleans it up nice. MR. SAWYER: Agree. It's a developed PUD, obviously. CHAIRMAN STRAIN: Okay. MR. YOVANOVICH: So D ends at devices, period? CHAIRMAN STRAIN: Correct. MR. YOVANOVICH: Like the rest. CHAIRMAN STRAIN: If we get into the last page, which is your mapping or your master plan, you had this language there. It was struck out, part of it was. There's two things I would suggest. Where the 17.A.3 Packet Pg. 936 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) February 2, 2017 Page 13 of 16 arrow's pointing, instead of saying see Sections 3.4 and 4.3 for permitted uses of the PUD, really the whole PUD has the permitted uses spelled out. So why don't we change that reference to say additional permitted uses per Sections 3.31, and 4.31 for those tracts that we are dealing with in this particular PUDA. Because the whole PUD automatically falls under 3.3 and 4.3, but only those parcels have 3.31 and 4.31. MR. YOVANOVICH: Well, you probably don't need this at all now that we've gone back and added to the individual sections the actual tract numbers, because this was -- before, we did not have reference to which tracts within those sections. Like, for instance, 7, 8 and 9 and a portion of -- I'm sorry. Previously we didn't -- Heidi hadn't suggested we add Tracts 7, 8, 9 and a portion of 10, so we had to go to the actual PUD master plan. Now that we've called them out by number, I'm not sure you need to do that. CHAIRMAN STRAIN: Yeah, that's a better idea, and I like it, because the next item I was going to suggest is the yellow's not going to show up on recording because it's only black and white, and we'd have to deal with that by some form of crosshatching. So why don't we just drop the PUD master plan and accept completely, because it's already in the existing PUD. This is no different than the existing PUD, right? MR. STONE: Mr. Chair, that would seem to be acceptable except I believe there was one reference to a portion of one of the tracts. MR. YOVANOVICH: A portion of Tract 10. MS. STONE: And I don't know how you would maintain that reference without -- MR. YOVANOVICH: Well, the issue -- obviously, this is not to scale. The portion of Tract 10 really is going to be governed by what the legal description is for the condominium encompassing 15 and the remaining portion of Tract 10, so -- CHAIRMAN STRAIN: Is that piece of Tract 10 part of condominium? MR. YOVANOVICH: No. CHAIRMAN STRAIN: Okay. Then why don't we just say that portion of Tract 10 that's not part of existing condominium on Tract 10. MR. YOVANOVICH: Will that work for you, Scott, to get you to where we now know with specificity? MS. STONE: Well, it may not be a condominium in perpetuity. I think the simplest thing would be to have some form of legal description. But some kind of more definitive reference, I think, would be helpful. CHAIRMAN STRAIN: Well, you know what we could do is take the master plan, crosshatch just that small sliver of Portion 10 with just a footnote or just an arrow going to it, say, a portion of Tract 10, then the reference can be tied to the text. Does that -- the text was changed to say a portion of Tract 10, so all we have to do is add an arrow with the text on the master plan saying portion of Tract 10, pointing to that little strip, and that would -- I think it would take care of it, wouldn't it, from your perspective, Scott? MR. STONE: I believe so. CHAIRMAN STRAIN: Richard? MR. YOVANOVICH: I'm happy to work with Scott to come up with the appropriate way to do that and subject to your reviewing it and making sure we got it right. CHAIRMAN STRAIN: Okay. Well, that takes us through the document and the changes in the citation and the various SIC codes and the master plan, all the items that need to be corrected. Now, there is -- Mr. Yovanovich expressed a desire last month and again today to try to get this resolved today without going to consent for various schedules. And we tried to accommodate that schedule. I'm more than willing to take the responsibility with staff to review these corrections when they come back, since most of them are notes that I have brought up, if the Planning Commission is comfortable with that in lieu of a consent hearing. COMMISSIONER SCHMITT: I'm very comfortable with it. I certainly don't want to get this back again and go over what I would call editing errors. And I defer to you to get with staff and make sure it's corrected before it goes to the Board. CHAIRMAN STRAIN: Okay. Well, then as long as you're happy with that, I'd suggest we not -- 17.A.3 Packet Pg. 937 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) February 2, 2017 Page 14 of 16 when we get done with this hearing, we won't need a motion to have a consent hearing then. We'll just move it forward like we always do. MR. BELLOWS: Correct. COMMISSIONER SCHMITT: The only thing we need to do is vote on the language that has changed, not -- the other citation and such. CHAIRMAN STRAIN: We've got to get staff's report and then public speakers. MR. REISCHL: And if I could just emphasize the speed that this needs to be done with. I'm already late for Level 2. I know that means nothing to you. But it's -- for the 2/28 meeting, it should be in the next step of reviewers. CHAIRMAN STRAIN: When should it be in? When do you need to submit this? MR. REISCHL: Should be in last Tuesday. CHAIRMAN STRAIN: To get to the date that we already tried to establish? MR. REISCHL: I mean, they're working with me, but I'm getting daily emails saying hurry up, you've got to get this done. CHAIRMAN STRAIN: I mean, this stuff -- if the citations -- MR. KLATZKOW: I don't have that problem. I'll put it on the agenda. I just want it right. MR. YOVANOVICH: Let's do this. When I originally said, hey, can we make the 28th, that was already too late for me. So letting it slide another two weeks, hopefully it will stay on summary agenda and we won't be required to do another further continuance. So let's just get it right. Let it slide, assuming I'm just going to stay on summary agenda, unless somebody's going to come and object to this. Let's just get it right and let it slide instead of rushing, because we see what happened when we were rushed; people missed some things, and I don't want to come back up here again and have to deal with that, either here or at the Board. CHAIRMAN STRAIN: I'd rather not deal with this one again myself. MR. YOVANOVICH: Or any instance. I don't want to be up here because people rushed and missed things. MR. REISCHL: That would be March 14th? CHAIRMAN STRAIN: Well, that's up to the applicant. MR. YOVANOVICH: That's fine. CHAIRMAN STRAIN: So we'll still not do the consent. We'll still make sure it's right, and it will be scheduled for the 14th BCC meeting. Fred, do you have -- anybody have any other questions of the applicant? (No response.) CHAIRMAN STRAIN: Okay. Fred, did you have any staff report? MR. REISCHL: Nothing further; no thanks. CHAIRMAN STRAIN: Fred, this is -- this shouldn't have happened, these citations and all this stuff. The applicant had a responsibility, and so did you. I would hope that in the future we check all these references. It's not a good thing for this board to have to get into this kind of detail. MR. REISCHL: Correct. I agree. CHAIRMAN STRAIN: So I don't know how it needs to be done, but this kind of stuff needs to be checked more thoroughly before it gets to this board. MR. REISCHL: I agree. It's last-minute changes that usually do us in. CHAIRMAN STRAIN: Okay. Are there any members of the public here to speak? (No response.) CHAIRMAN STRAIN: Any registered speakers? I think the answer's going to be no. MR. REISCHL: No, no registered. CHAIRMAN STRAIN: Okay. With that, we'll close the public hearing and entertain a motion. Is there a motion? COMMISSIONER SCHMITT: I make a motion to approve the PUD subject to the noted changes as discussed and that are a matter of record. COMMISSIONER EBERT: I'll second. 17.A.3 Packet Pg. 938 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) February 2, 2017 Page 15 of 16 CHAIRMAN STRAIN: Motion made and seconded. Discussion? (No response.) CHAIRMAN STRAIN: All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 6-0. Thank you. MR. YOVANOVICH: Thank you. CHAIRMAN STRAIN: There's no new business listed. There is no old business listed unless anybody has anything. COMMISSIONER DEARBORN: Motion to adjourn. CHAIRMAN STRAIN: We've got to ask for public comment first. Is there any public comment? (No response.) CHAIRMAN STRAIN: Hearing none, there's a motion to adjourn made by Patrick. Is there a second? COMMISSIONER EBERT: I'll second. CHAIRMAN STRAIN: By Diane. All in favor, signify by saying aye. COMMISSIONER CHRZANOWSKI: Aye. COMMISSIONER EBERT: Aye. CHAIRMAN STRAIN: Aye. COMMISSIONER HOMIAK: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER DEARBORN: Aye. CHAIRMAN STRAIN: Anybody opposed? (No response.) CHAIRMAN STRAIN: Motion carries 6-0. Thank you. 17.A.3 Packet Pg. 939 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) February 2, 2017 Page 16 of 16 ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:55 a.m. COLLIER COUNTY PLANNING COMMISSION _____________________________________ MARK STRAIN, CHAIRMAN ATTEST DWIGHT E. BROCK, CLERK These minutes approved by the Board on ____________, as presented ______ or as corrected _____. TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. 17.A.3 Packet Pg. 940 Attachment: 02-2-2017 CCPC Minutes (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 941 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 942 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 943 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 944 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 945 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 946 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 947 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 948 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 949 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 950 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 951 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 952 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 953 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 954 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 955 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 956 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 957 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 958 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 959 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 960 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 961 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 962 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 963 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 964 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 965 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 966 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 967 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 968 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 969 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.4 Packet Pg. 970 Attachment: Ordinance - 03-28-17 (2629 : Tollgate PUDA) 17.A.5 Packet Pg. 971 Attachment: Legal Ad - Agenda ID 2629 (2629 : Tollgate PUDA) Robert L. Duane & Associates Land Planning & Zoning Consultants A.I.C.P. 4880 Tamarind Ridge Dr. Naples FL. 34119 (239)353-4167 RobertRosalba.duane@yahoo.com Tollgate Commercial Center PUDA PL- 20150002280 Ord. 92-10 Jan. 14, 2016 Revision Date: 12/22/2016 Tollgate PDI. List of Exhibits. 1.Cover Letter and Project Justification. 2.Proposed PUDA Changes to Ordinance 92-10. 3.8x11 PUD Master Plan (2016) 4.8x11 Aerial photo of subject property and surrounding property. 5.8x11 Aerial of parcels areas subject to this request in color. 6.24x36 Aerial photo of areas subject to this request and PUD Master Plan. 7.PUD-A application, Rezoning Criteria, Disclosure of Interest, Affidavits, Statements of Unified Control, Legal Description, etc. 8.8x11 FLUCS map in color. 9.A list of dates and resolution numbers of all modifications or amendments to the originally approved PUD and DRI Development Order that includes the following: 9.1. Ordinance 84-06 PUD Approval for 69.4 acres. 9.7. Resolution 92-222 Amending DRI Development Order 84-1. 9.8. Ordinance 93-91 Amending PUD Conditions. 9.9. Resolution 97-74 Substantial Deviation amending DRI Development Order 84-1 9.10. Resolution 97-75 Amending DRI Development Order 84-1 extending build-out to 12/30/02 9.11. Resolution 03-428 Amending DRI Development Order 84-1 extending build-out to 12/29/07 9.12. EX-2010-AR-14663 Extending DRI build-out to 1/1/12 (Under Florida State Senate Bill 1752) 9.13. Development Order 14-02/ Resolution 14-229. 9.14. PUD 15-49 Change to PUD and Development Order 15.01 changing Commercial/Light Industrial boundary. 10.Addressing Checklist and Location map. 11.A proposed Trip Generation Analysis is provided comparing existing and proposed uses.2015&2016 12.Pre-Application Meeting Notes 13.NIM Package & Affidavit 14.Signage Package &Affidavit 15.Electronic copy of all documents.Tollgate Commercial Center PUDA-PDI Robert L. Duane & Associates Table of Contents1 2 3 4 5 6 7 8 9 10 9.2. DRI Development Order 84-1 approving ADA for 69.4 acre DRI. 9.3. Ordinance 90-54 PUD Approval for 78.57 acres. 9.4. Ordinance 90-92 Adding Environmental conditions. 9.5. Ordinance 92-10 PUD Approval for 100.23 acres. 9.6. Resolution 92-100 Amending DRI Development Order 84-1. Page 1 of 15 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 1. Cover Letter and Project Justification. A detail description of why amendment is necessary. Page 1 of 8 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Date: 12.10.2016 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. Robert L. Duane & Associates Land Planning & Zoning Consultants A.I.C.P. 4880 Tamarind Ridge Dr. Naples FL. 34119 Office (239)353-4167 cells (239)595-5096/682-1339 robertrosalba.duane@yahoo.com Dec. 10. 2016 Fred Reischl, AICP Senior Planner Planning & Zoning Department 2800 North Horseshoe Drive Naples, FL 34104 Fredreichl@colliergov.net Phone: 239-252-4211 Fax: 239-252-2834 RE: PUDA – PL 20150002280-Tollgate Commercial Center PUD- Ord. No. 92-10 Dear Mr. Reischl, Please find 16 copies enclosed of a PUD-A Application for the Tollgate Commercial Center PUD. The subject property is located at the southeast corner of Interstate-75 and east of Collier Blvd (CR 951), north of Beck Blvd, in Section 35, Township 49 South, Range 26 East and Section 2, Township 50 South, Range 26 East, Collier County, Florida. (See attached Location Map and aerial photo). The PUD allows 348,600 sf. of commercial area of which 88,226 sf. has been built. The PUD also allows 58.0 acres allocated to Light Industrial Use that permits 550,000 sf. of which 324,626 sf. has been built. The subject property is also a Development of Regional Impact (DRI), but, DRI changes are not the subject of this petition. The subject property has been the subject of a number of PUD and Developmental Order changes including changes in 2015 to the PUD and Development Order. The 2015 changes were to add ±9 acres of Light Industrial Use to the PUD Master Plan from the Commercial Area. (See attached list of land use entitlements). A check in the amount of $9,875.00 is enclosed to process the petition. (See attached Fee Calculation) 1. The Request The PUD-A request is to allow for up to 18.73 acres of the PUD to be utilized as institutional and social service related uses. Of the 18.73 acres 14.27 acres is located in the Page 2 of 8 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Date: 12.10.2016 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. Light Industrial area and 4.46 acres is located within the Commercial area. (See attached 8x11 PUD Master Plan with these areas designated). The proposed PUD changes are to PUD Ordinance 92-10 as set forth as follows. (See also attached PUD Change Sheet). General Tollgate Commercial Center PUD-A Proposed Change to PUD Ordinance 92-10 (PL – 20150002280) *See attached PUD Ordinance Section III Commercial Areas Plan Subsection 3.3. Uses permitted (To add the following) A. Uses permitted In addition to the uses set forth in section 3.3.A the following principal uses are permitted on the property described in Exhibit B only. -Amusements and Recreational Services, Not Elsewhere Classified (SIC Code 7999); limited to: Gymnastics, Instruction, Judo Instruction, Karate Instruction, Yoga Instruction, Scuba and Skin Diving Instruction, and Day Camps. -Business Associations (SIC Code 8611) -Child Daycare Services (SIC Code 8351) -Civil and Fraternal Organizations (SIC Code 8641) -Dance Studios and Schools (SIC Code 7911) -Job Training and Vocational Rehabilitation Services (SIC Code 8331) -Physical Fitness Facilities (SIC Code 7991) -Professional Membership Organizations (SIC Code 8621) -Religious Organizations (SIC Code 8661) -Social Services (SIC Code 8322) -Social Services not elsewhere classified (SIC Code 8399) B. Permitted Accessory Uses and Structures. (a) Any Accessory uses or structures customarily associated with the permitted principal uses and structures, including outdoor eating areas for special events. Bake sales, Christmas trees sales, and fund raising events, all subject to obtaining the use permits described in the LDC. (This applies to the property described in Exhibit B only). Page 3 of 8 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Date: 12.10.2016 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. Section IV Commercial Light Industrial Areas. Subsection 4.3 Uses Permitted. A. Uses permitted In addition to the uses set forth in section 4.3.A the following principal uses are permitted on the property described in Exhibit “B.” -Amusements and Recreational Services, Not Elsewhere Classified (SIC Code 7999); limited to: Gymnastics, Instruction, Judo Instruction, Karate Instruction, Yoga Instruction, Scuba and Skin Diving Instruction, and Day Camps. -Business Associations (SIC Code 8611) -Child Daycare Services (SIC Code 8351) -Civil and Fraternal Organizations (SIC Code 8641) -Dance Studios and Schools (SIC Code 7911) -Job Training and Vocational Rehabilitation Services (SIC Code 8331) -Physical Fitness Facilities (SIC Code 7991) -Professional Membership Organizations (SIC Code 8621) -Religious Organizations (SIC Code 8661) -Social Services (SIC Code 8322) -Social Services not elsewhere classified (SIC Code 8399) B. Permitted Accessory Uses and Structures. (a) Any Accessory uses or structures customarily associated with the permitted principal uses and structures, including outdoor eating areas for special events. Bake sales, Christmas trees sales, and fund raising events. (This applies to the property described in Exhibit B only). 2. Project Justification a. The proposed Amendment to permit Institutional Uses in Activity Center No. (9) on ±18 acres will broaden the mix of uses at this location. Since this Activity Center also permits Institutional Uses, the proposed amendment is, therefore, consistent with the Future Land Use Element (FLUE). Broadening the mix of Uses is also a goal of the Mixed Use Activity Center Subdistrict. b. The change to allow Institutional Uses at this location will result in a reduction of development intensity as compared to commercial and industrial uses. (See attached T.I.S. Waiver) and Trip Generation Comparison for church related uses. In some cases the institutional uses in proximity to commercial and industrial uses and places of employment will result in capturing trips internal to the PUD. This will minimize the traffic and provide a further convenience to visitors that shop or work in the Tollgate Page 4 of 8 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Date: 12.10.2016 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. Commercial Center. The proposed Institutional uses are compatible with Commercial and Light Industrial Uses at this location. c. The owners of Light Industrial portions of parcel (B) subject to this petition and the Commercial portions of parcel (A) believe the market potential of their properties will be enhanced with the Institutional Uses proposed in this PUD request. The demand for Light Industrial uses also does not appear to be strong at the present time in their opinion. Further justifying the need to broader the mix of uses. 3. In Summary, Based on the foregoing, the public health, safety, or welfare will not be to the detriment of the community by the approval of this petition. In closing, we trust you will find the application in order that also includes the environmental data (FLUCS Map) included in the 2015 PUD as requested per Pre- Application Notes. Please, also find attached the PUD and the Rezoning Criteria that further supports the amendment request, and its compliance with FLUE. If I can provide you any additional information please don’t hesitate to contact me. Thank you for the consideration in this matter. Kind regards. _____________________, Robert L. Duane A.I.C.P. Planning Director 239-353-4167 cc. Paul Hardy, Jessica Russo, Richard Yovanovich Page 5 of 8 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Date: 12.10.2016 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. Fee Calculations $6,000.00 PUD plus (19 acres x $25) = $6,575.00 $125.00 Fire Dpt. $2,250.00 Comp. Plan Review. $1,425.00 Advertising $10,375.00 – Less $500.00 Pre-Appl. = $9,875.00* *The application does not include an environmental review fee, however, A FLUCS map is attached from the prior 2015 submittal, per Pre-Application Meetings. Page 6 of 8 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Date: 12.10.2016 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. Tollgate Commercial Center PUD-A Proposed Change to PUD Ordinance 92-10 (PL – 20150002280) Section III Commercial Areas Plan Subsection 3.3. Uses permitted. A. Uses permitted In addition to the uses set forth in section 3.3.A the following principal uses are permitted on the property described in Exhibit B only. -Amusements and Recreational Services, Not Elsewhere Classified (SIC Code 7999); limited to: Gymnastics, Instruction, Judo Instruction, Karate Instruction, Yoga Instruction, Scuba and Skin Diving Instruction, and Day Camps. -Business Associations (SIC Code 8611) -Child Daycare Services (SIC Code 8351) -Civil and Fraternal Organizations (SIC Code 8641) -Dance Studios and Schools (SIC Code 7911) -Job Training and Vocational Rehabilitation Services (SIC Code 8331) -Physical Fitness Facilities (SIC Code 7991) -Professional Membership Organizations (SIC Code 8621) -Religious Organizations (SIC Code 8661) -Social Services (SIC Code 8322) -Social Services not elsewhere classified (SIC Code 8399) B. Permitted Accessory Uses and Structures. (a) Any Accessory uses or structures customarily associated with the permitted principal uses and structures, including outdoor eating areas for special events. Bake sales, Christmas trees sales, and fund raising events, all subject to obtaining the use permits described in the LDC. (This applies to the property described in Exhibit B only). Section IV Commercial Light Industrial Areas. Subsection 4.3 Uses Permitted. A. Uses permitted In addition to the uses set forth in section 4.3.A the following principal uses are permitted on the property described in Exhibit “B.” Page 7 of 8 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Date: 12.10.2016 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. -Amusements and Recreational Services, Not Elsewhere Classified (SIC Code 7999); limited to: Gymnastics, Instruction, Judo Instruction, Karate Instruction, Yoga Instruction, Scuba and Skin Diving Instruction, and Day Camps. -Business Associations (SIC Code 8611) -Child Daycare Services (SIC Code 8351) -Civil and Fraternal Organizations (SIC Code 8641) -Dance Studios and Schools (SIC Code 7911) -Job Training and Vocational Rehabilitation Services (SIC Code 8331) -Physical Fitness Facilities (SIC Code 7991) -Professional Membership Organizations (SIC Code 8621) -Religious Organizations (SIC Code 8661) -Social Services (SIC Code 8322) -Social Services not elsewhere classified (SIC Code 8399) B. Permitted Accessory Uses and Structures. (a) Any Accessory uses or structures customarily associated with the permitted principal uses and structures, including outdoor eating areas for special events. Bake sales, Christmas trees sales, and fund raising events. (This applies to the property described in Exhibit B only). (See attached Legal Description Exhibit B that sets forth the only properties subject to this Ordinance change). Page 8 of 8 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. List of Exhibits 1. Cover Letter and Project Justification. 2. Proposed PUD Changes to Ordinance 92-10. 3. 8x11 PUD Master Plan (2016) highlighting proposed parcels in the Commercial and Light Industrial areas subject to this request. 4. 8x11 Aerial photo of subject property and surrounding property. 5. 8x11 Aerial of parcels areas subject to this request. 6. 24x36 Aerial photo of areas subject to this request. 7. PUD-A application, Rezoning Criteria, Disclosure of Interest, Affidavits, Statements of Unified Control, Legal Description, etc. 8. 8x11 FLUCS map. 9. A list of dates and resolution numbers(or other appropriate identification numbers) of all modifications or amendments to the originally approved PUD and DRI Development Order that includes the following: DRI Development Order 84-1 approving ADA for 69.4 acre DRI Ordinance 84-06 PUD Approval for 69.4 acres Ordinance 90-54 PUD Approval for 78.57 acres Ordinance 90-92 Adding Environmental conditions Ordinance 92-10PUD 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 PUD 15-149 Change to PUD and Development Order 15.01 changing Commercial/Light Industrial boundary. 10. Addressing Checklist and Location Map 11. A proposed Trip Generation Analysis 2015 & 2016 are provided comparing existing and proposed uses 12. Pre-Application Meeting Notes 13.NIM Package and Affidavit 14.Signage Package and Affidavit 15.Electronic copy of all the documents Page 2 of 15 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 2. Proposed PUD Changes to Ordinance 92-10. . Page 1 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. PLANNED UNIT DEVELOPMENT TOLLGATE COMMERCIAL CENTER PREPARED BY: WILLIAM R. VINES, AICP VINES, & ASSOCIATES, INC. 715 TENTH STREET SOUTH NAPLES, FLORIDA 33940 (813) 262-4164 RICHARD D. YOVANOVICH COLEMEN, YOVANOVICH & KOESTER, P.A. 4001 TAMIAMI TRAIL NORTH, SUTIE 300 NAPLES, FLORIDA 34103 (239)435-3535 And ROBERT L. DUANE ROBERT L. DUANE & ASSOCIATES, A.I.C.P 4880 TAMARIND RIDGE DRIVE, NAPLES, FLORIDA 34119 (239) 353-4167 DATE REVIEWED BY CCPC:___________ DATE APPROVED BY BCC: ___________ ORDINANCE NUMBER:___________ AMENDMENTS AND REPEAL:________________ Page 2 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. TABLE OF CONTENTS PAGE(S) LIST OF EXHIBITS AND TABLE ii 3 STATEMENT OF COMPLIANCE iii 4 SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1-1 5 - 9 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2-1 10 - 12 SECTION III COMMERCIAL AREAS PLAN FOR PARCEL “A” 3-1 13 - 17 SECTION IV COMMERCIAL/LIGHT INDUSTRIAL AREAS 4-1 18 - 22 FOR PARCEL “B” SECTION V GENERAL DEVELOPMENT COMMITMENTS 5-1 23 - 27 Page 3 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. LIST OF EXHIBITS AND TABLES EXHIBIT “A” PUD Master Plan 6 -1 EXHIBIT “B” Legal Description for lots 7-15 & 16, 17, 18, 19, 20, 24, and 25. as shown on the PUD Master Plan in Phases 2 & 3. TABLE I Schedule of Development 2 - 2 Page 4 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. STATEMENT OF COMPLIANCE The development of approximately 100.23 acres of property in Collier County and within an Interchange Activity Center, as a Planned Unit Development to be known as Tollgate Commercial Center, will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan and its provisions for Interchange Activity Center development. This compliance includes: Activity Center Project 1. The subject property is located in an area identified as an Interchange Activity Center in the Future Land Use Element (FLUE) of the Growth management Plan for Collier County. 2. Interstate Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. 3. The subject tract is located on the northeast corner of the intersection of CR-951 and CR-84. This strategic location allows the site superior access for the placement of commercial/industrial activities. 4. The project is in compliance with all applicable County regulations. In addition, the project complies with the Growth Management Plan with the adoption of the Plan amendment which allows for specifically approved heavy business/light industrial uses to be developed in designated interstate activity centers. 5. The project will be served by a complete range of services and utilities as approved by the County. 6. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers and the proposed development standards contained herein. 7. The Planned Unit Development includes open spaces and naturalized open features which serve as project amenities. 8. The project shall be developed in accordance with the approved Master Development Plan and the existing PUD document as approved. In addition, the project shall be developed in accordance with all Collier County regulations in effect at the time of Final SDP or building permit application. 9. Bind the owner’s successor in title to any commitments made under in this document. Page 5 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Tollgate Commercial Center. 1.2 LEGAL DESCRIPTION Commencing at the southeast corner of Section 35, Township 49 South, Range 26 East, Collier County Florida; thence along the east line of said Section 35 North 1º - 56’ –55” West 200.14 feet to a point on the north right-of-way line of State Road 84 (Alligator Alley); thence along said north right-of-way line, North 89º -45’ -01” West 331.23 feet to a point of intersection of said north right-of-way line of State Road 93 (I-75), and the Point of Beginning of the parcel herein described; thence continue along said right-of-way line of State Road 84 (Alligator Alley) on the following five courses: 1) North 89º -45’ -01” West 2398.66 feet; 2) South 89º -56’ -16” West 1547.43 feet; 3) North 80º -43’ -58” West 709.38 feet; 4) North 39º -52’ -42” West 209.91 feet; 5) North 10º -24’ -33” West 209.94 Feet to a point on the East Limited Access, right-of way line of State Road 93 (I-75); thence continue along said Limited Access, right-of-way line of State 93 (I-75) on the following nine courses: 1) North 3º -19’ -52” East 285.34 feet; 2) North 23º -37’ -28” East 149.83 feet; 3) North 64º -12’ -39” East 149.83 feet; 4) North 86º -37’ -01” East 778.54 feet; 5) South 87º -55’ -12” East 318.82 feet; 6) South 78º -44’ -38” East 318.32 feet; 7) South 74º -09’ -17” East 1199.30 feet; 8) South 73º -00’ -33” East 1904.96 feet; 9) southeasterly 233.67 feet along the arc of a circular curve concave to the northeast, having a radius of 116.2116 feet, subtended by a chord which bears South 75º -35’ -07” East 223.67 feet to the north right-of-way line of State Road 84 (Alligator Alley); and the Point of Beginning of the parcel herein described; being a part of south ½, Section 35, Township 49 South, Range 26 East, Collier County, Florida; subject to easements and restrictions of records; containing 69.40 acres of land more or less; bearings are based on Florida Department of Transportation right-of-way map for State Road 93 (I-75). ALSO INCLUDING THE FOLLOWING: Page 6 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. Description of part of Section 35, Township 49 South, Range 26 East, and part of Section 2, Township 50 South, Range 26 East, Collier County, Florida COMMENCE at an iron pipe marking the Northeast Corner of said Section 2; thence North 89º 45’ 01” West, 337.83 feet along the North line of said Section 2 for a POINT OF BEGINNING; thence South 00º 02’ 19” East, 59.98 feet; thence South 89º 57’ 41” West, 2,300.70 feet; thence on a course traversing from said Section 35, South 89º 56’ 02” West, 2,448.74 feet; thence North 45º 46’ 16” West, 71.58 feet; thence North 01º 28’ 34” West, 705.25 feet to the Easterly Limited Access R/W Line of S.R. 951 (Section 03175-2409); thence South 10º 24’ 33” East, 209.94 feet; thence South 39º 52’ 42” East, 209.91 feet; thence South 80º 43” 58” East, 709.38 feet; thence North 89º 56’ 16” East, 1,547.43 feet; thence South 89º 45’ 01” East, 2,396.67 feet to the Southerly Existing Limited Access R/W Line of S.R. 93 (03175-2409); thence South 00º 02’ 19” East, 200.00 feet to the POINT OF BEGINNING. Less and except the East 100.00 feet thereof. Containing 30.835 acres, more or less. The entire project area is 100.235 acres. Number of acres devoted to various categories of land use: Development area 70.72 Water management area 17.84 Road Right-of-Way 6.7 F.P.L Easement 4.98 GENERAL LOCATION OF PROJECT SITE Tollgate Commercial Center is located in the southeast quadrant of the Interstate I-75/CR-951 interchange, approximately five miles east of the Naples Airport at the eastern terminus of Davis Boulevard (SR 84). 1.3 PROPERTY OWNERSHIP The subject property is currently owned by and under the unified control of Tollgate Commercial Center, a Florida General Partnership. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA Page 7 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. A. COMPREHENSIVE PLAN DESIGNATION: The project site is designated Interstate Activity Center on the Collier County Growth Management Plan. B. CURRENT ZONING: The project site is currently zoned PUD. C. EXISTING LAND USE: At the present time the site is unoccupied except for a 104 room motel. D. ADJACENT LAND USE: The adjacent lands are predominately vacant at the present time. The northwest and southwest corners of CR 951 and SR 84 are presently used as gasoline service stations. The properties north of the I-75 right-of-way and the properties south of CR 84 are vacant. 1.5 PHYSICAL DESCRIPTION The elevation of the project site varies form 9.8 feet to 11.6 feet. Tollgate Commercial Center lies within Zone X as identified on the Federal Flood Insurance Rate Map. Zone X is identified as those areas between limits of the 100-year flood and 500-year flood. This means that no development will be occurring within the 100-year flood prone area. A. SOILS: There are three types of soil cover on the project site. They are Arzell fine sands, Keri fine sands and Pompano fine sands. The distribution of these soil types is shown in Map E. B. VEGETATIVE COVER: A breakdown of the vegetative cover of the project area is as follows: VEGETATION COMMUNITY ACREAGE Pineland 1.00 Saw Palmetto/Rusty Lyonia 4.21 Transitional Zone/Cypress 29.40 Functional Wetland 9.40 Cabbage Palm Heads .30 Improved/Platted 30.67 Cleared/Filled Unplatted Former R/W 21.66 F.P.L. R/W 3.60 TOTAL 100.24 Page 8 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. There are no unique features of the vegetation. All species and associations are “typical” for soil types common to pine flatwoods of level sandy areas of Collier County. C. WILDLIFE: Wildlife, observed or noted from tracks, nests, etc. consisted of the representative species, such as raccoon, snakes and wading birds, which normally occur in a habitat such as the Tollgate Commercial Center site. No endangered or threatened species were observed on the site. D. HISTORICAL OR ARCHAEOLOGICAL SITES: John Beriault, Field Representative of the S.W. Florida Archaeological Society, searched for such sites and believes none exist on the tract. E. WASTEWATER MANAGEMENT: Waste water treatment is being provided by the Collier County Sewage Treatment System. Temporary on-site wastewater treatment facilities for which all necessary permits have been granted may be installed during any period of time in which sewage treatment service is not available from Collier County. F. WATER MANAGEMENT: The Water Management Plan provides for site runoff transport to a system of hardwood forest, marsh, and open water ponds. The Water Management Plan is designed to meet SFWMD and County criteria. Minimum road elevations and discharge control will be designed for the 25-year, 3- day rainfall event. The finished floor elevations will be established by the 100 year-zero discharge design event. G. WATER SUPPLY: Potable water is being supplied by the Collier County Water- Sewer District. Non-potable water utilized for landscape irrigation and other non-human consumptive uses will be procured from on-site wells, or from the County treated sewage effluent distribution system. H. SOLID WASTE: Solid waste is being disposed of at the Collier County Sanitary Landfill. Collection is provided by Waste Management of Collier County, a franchised hauler. I. ELECTRICITY: Electricity is being provided by the Florida Power & Light Company, Inc. J. POLICE PROTECTION: Police protection is provided by the Collier County Sheriff Department. Page 9 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. K. FIRE PROTECTION: Fire protection is provided by the Golden Gate Fire Control and Rescue District. L. TELEPHONE: Telephone service is provided by United Telephone of Florida. Page 10 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally described the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations, requirements and references for development of Tollgate Commercial Center shall be in accordance with the contents of this document. Where these regulations fail to provide development standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Tollgate Commercial Center shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through variance or waiver provisions within the PUD, those applicable regulations not otherwise provided for in this PUD remain in full force and effect. E. Each tract, as identified on the Master Plan, shall require the submittal, review and subsequent approval of a Site Development Plan prior to the issuance of a Final Local Development Order. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit “A”, PUD Master Development Plan. SCHEDULE OF DEVELOPMENT Project development is underway and will continue to build-out. Page 11 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. The following schedule indicates the anticipated start and completion dates for the various project development Phases. Phase boundaries are indicated on the Master Development Plan. TABLE I % OF PHASE ACREAGE SITE START COMPLETE I 54.51 54.4 1988 1993 II 26.44 26.4 1992 1995 III 19.29 19.2 1993 1996 TOTALS 100.24 100.0 A. Table I is a schedule of Development, with the approximate acreage of the total project indicated. The arrangement of these land areas are shown on the PUD Master Development Plan (Exhibit “A”). The Master Development Plan is an illustrative preliminary development plan. Design criteria and layout is illustrative on the Master Development Plan and other exhibits supporting this project. It shall be understood that these exhibits are to remain flexible so the final design may satisfy development objectives and be consistent with the project development, as set forth in this document. Minor changes to the master plan shall be subject to the provisions of Section 2.7.3.5, Division 2.7, Article 2 10.02.13.6E Planned Unit Development (PUD) Procedures of the Collier County Land Development Code. The final size of the open space lands will depend on the actual requirements for drive patterns, parking layout and requirements, and development parcel size and configuration. B. In addition to the various areas and specific items shown in Exhibit “A”, such utility and other easements as are necessary shall be established within or along the various tracts. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, and the Collier County Land Development Code. B. Exhibit “A’, PUD Master Development Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if Page 12 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. applicable, shall be submitted for any area to be subdivided. Any division of property and the development of the land shall be in compliance with the Collier County Land Development Code and the platting laws of the State of Florida. C. The development of any tract or parcel contemplating fee simple ownership of land shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2, Article 3, Section 10.02.04.2 Requirements for Preliminary and Final Subdivision Plats of the Collier County Land Development Code, prior to the submittal of construction plans and plat for any portion of the tract or parcel. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. E. The developer or subsequent owner of any platted parcel or platted tract shall, prior to application for a building permit, submit a Site Development Plan (SDP) or Preliminary Subdivision Plat for the tract or parcel to the Development Services Department for approval for applicable development subject to the provisions of Division 3.3, Article 3 of the Collier County Land Development Code. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section2.7.3.5.1, Division 2.7, Article 210.02.13.6EPlanned Unit Development (PUD) Procedures of the Collier County Land Development Code. 2.6 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL As provided for within Section 2.7.3.4, Division 2.7, Article 2 10.02.13.6D Planned Unit Development (PUD) Procedures of the Collier County Land Development Code. 2.7 POLLING PLACES As provided for in Section 3.2.8.3.14, Division 3.2, Article 3 2.01.04 Polling Places of the Collier County Land Development Code. 2.8 PUD MONITORING An annual monitoring report shall be submitted pursuant to Section 2.7.3.6, Division 2.7, Article 2 10.02.13.6F Planned Unit Development (PUD) Procedures of the Collier County Land Development Code. Page 13 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. SECTION III COMMERCIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the areas so designated on Exhibit “A”, as “A” Parcels. 3.2 DEVELOPMENT INTENT FOR PARCEL “A” It is the intent of this document that “A” designated development parcels be used for commercial purposes which serve the motoring public using Interstate I-75 as well as providing limited commercial goods and services of an area-wide nature for the Naples, Marco Island, Golden Gate and the Immokalee urban areas. Further it is the intent of this document that “A” designated development parcels shall be used in accordance with all current Federal, State and County regulations in effect at the time final local development orders are issued except as specified otherwise in this document by the Collier County Board of County Commissioners. 3.3 COMMERCIAL USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses No building or structure, or part thereof, shall be erected, altered or used or land or water used, in whole or in part, for other than the following: (a) Automobile service stations including engine tune-ups and minor repairs, and car wash facilities which are accessory uses. (b) Banks and financial institutions, business and professional offices. (c) Cocktail lounges and commercial entertainment. (d) Convention and exhibition halls. (e) Department stores; drug stores; dry cleaning shops and dry goods stores. Page 14 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. (f) Electronic games and furniture sales. (g) Ice cream shops and dairy drive-in stores. (h) Motels; hotels and other transient lodging facilities. (i) Research and design labs; restaurants and fast food restaurants. (j) Shopping centers. (k) Souvenir stores and stationery stores. (l) Supermarkets (m) Variety stores; vehicle rental-automobile and U-haul type of vehicles and equipment including outside display; veterinary offices and clinics; no outside kenneling. (n) Any other commercial or professional service which is comparable in nature with the foregoing uses and which the Planning Implementation Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures (a) Any accessory uses or structures customarily associated with the permitted principal uses and structures. (b) Caretakers residence. C. Permitted Provisional Uses and Structures (a) Car wash facilities which are principal uses. (b) Permitted uses with less than one thousand (1,000) square feet gross floor area in the principal structure. Page 15 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 3.3.1. Institutional Uses Permitted A. Uses permitted In addition to the uses set forth in section 3.3.A the following principal uses are permitted on the property described in Exhibit B only. -Amusements and Recreational Services, Not Elsewhere Classified (SIC Code 7999); limited to: Gymnastics, Instruction, Judo Instruction, Karate Instruction, Yoga Instruction, Scuba and Skin Diving Instruction, and Day Camps. -Business Associations (SIC Code 8611) -Child Daycare Services (SIC Code 8351) -Civil and Fraternal Organizations (SIC Code 8641) -Dance Studios and Schools (SIC Code 7911) -Job Training and Vocational Rehabilitation Services (SIC Code 8331) -Physical Fitness Facilities (SIC Code 7991) -Professional Membership Organizations (SIC Code 8621) -Religious Organizations (SIC Code 8661) -Social Services (SIC Code 8322) -Social Services not elsewhere classified (SIC Code 8399) B. Permitted Accessory Uses and Structures. (a) Any Accessory uses or structures customarily associated with the permitted principal uses and structures, including outdoor eating areas for special events. Bake sales, Christmas trees sales, and fund raising events, all subject to obtaining the use permits described in the LDC. (This applies to the property described in Exhibit B only). 3.4 DEVELOPMENT STANDARDS (1) Minimum Lot Area: Ten thousand (10,000) square feet. (2) Minimum Lot Width: One hundred (100) feet as measured at the front building setback line. (3) Minimum Yard Requirements: (a) Front Yard – Twenty-five (25) feet plus one (1) foot for each two (2) feet of building height over fifty (50) feet. (b) Side Yard – None or a minimum of five (5) feet with unobstructed passage from front to rear yard for non-residential uses. Fifteen (15) feet for motels, hotels and Page 16 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. transient lodging facilities plus one (1) foot for each two (2) feet of building height over fifty (50) feet. (c) Rear Yard – Twenty-five (25) feet. (d) Waterfront – Twenty-five (25) feet from the normal water line of any artificially created body of water, excluding observation decks, bridges and walkways. (4) Maximum Height: One hundred (100) feet. (5) Minimum Floor Area of Principal Structure: One thousand (1,000) square feet per building on the ground floor, except that gasoline service stations and other permitted areas for which the principal activity does not occur in a structure shall not require a minimum floor area. (6) Maximum Density: Twenty-six (26) units per gross acre of land for hotels, motels or transient lodging facilities. (7) Distance between Principal Structures on same Site: one-half the sum of the heights. (8) Signs: As required by Division 2.5 Section 5.06.00 Sign Regulations and Standards By Land Use Classification of the Land Development Code. (9) Minimum Off-Street Parking and Off-Street Loading Requirements: As required by Division 4.05.00 of the Collier County Land Development Code. (10) Minimum Landscaping Requirements: a. Landscape buffer width requirement adjacent to CR-84 and CR-951: CR-84, 5 feet and CR-951. 10 feet with the landscape installation requirements set forth in the Land Development Code Section 2.4.7.4 alternative D 4.06.02.C-1.1. - General Landscaping Requirements - Alternative D. b. Landscape buffer width requirement adjacent to interior platted streets: 5 feet with alternative A of subsection 2.4.7.4. the Land Development Code Section 2.4.7.4 4.06.02.C-1.4. - General Landscaping Requirements. buffer standards. c. Landscape buffer width requirement adjacent to side lot lines, 5 feet for lots which are independently developed with discreet off street parking and drive systems: none for lots which are developed with an off street parking and drive systems which are planned to extend across one or more side lot lines so as to serve in common the adjoining lot(s). Page 17 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. d. All landscaping requirements of Section Division 2.4 4.06.00 Landscaping Buffering, and Vegetation Retention- Alternative D. of the Land Development Code not in conflict with a, b, and c shall be applicable. e. Landscape buffer plans shall be incorporated in SDP applications for each individual development site. (11) Outside Merchandise Storage and displaying: Unless specifically authorized by this PUD documents or by an approved Site Development Plan, outside storage or display of merchandise is prohibited. (12) Permitted Institutional Uses set forth in section 3.3.1shall meet the standards of the Activity Center #9 Overlay in the Future Land Use Element of the Growth Management Plan. Page 18 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. SECTION IV COMMERCIAL/LIGHT INDUSTRIAL USES 4.1 PURPOSE The purpose of this Section is to identify the type of Commercial/Industrial Uses and development standards that will be applied to the areas designated on Exhibit “A” as “B” Parcels. 4.2 DEVELOPMENT INTENT FOR PARCEL “B” It is the intent of this document that “B” designated development parcels by be used for both “A” designated uses and for the sale, service, transportation, storage and distribution of goods and service to the traveling public on I-75 and to the citizens of the area which can be served via the access road systems. A major function of these parcels is to serve as a focal point for the arrival of goods from other points of the region and country and then be processed for distribution to the local trade market. It is intended that inside storage and warehousing along with limited assembly and manufacturing wholly within a building and not obnoxious by reason of emission of odor, fumes, dust, smoke, noise or vibration be permitted. Further, it is the intent of this document that “B” designated Parcels be used in accordance with all of the current Federal, State and County regulations in effect at the time final local development orders are issued except as specified otherwise in this document or as may be approved otherwise by the Collier County Board of Commissioners. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part of other than the following: A. Principal Uses: (a) Any principal use or structure permitted on “A” designated development parcels. (b) Assembly operations in an enclosed building. (c) Building supplies and contractors storage facilities; bulk storage yards not including junk or salvage yards. Page 19 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. (d) Car wash, communications service and equipment repair. (e) Freight movers and storage. (f) Laboratories, research, design and testing; laundries; lawn maintenance shops and plant nurseries; light manufacturing or processing (include food processing but not abattoir; packaging or fabricating in a completely enclosed building). (g) Miscellaneous uses such as express office; telephone exchange; motor or bus or truck or other transportation terminal and related uses; motorcycle sales, service and repair; museums and tourist attractions. (h) New and used car sales, service and repair including outside display. (i) Offices, general purpose. (j) Warehousing, wholesaling, storage and distributing establishments and similar uses. (k) Any other commercial or professional use which is comparable in nature with the foregoing uses and which the Planning Implementation Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures: (1) Any accessory use or structure customarily associated with the permitted uses and structures. C. Permitted Provisional Uses and Structures: (1) Attached residence in conjunction with a business – one (1) per business. (2) Permitted use with less than 1,000 square feet gross floor areas in the principal building. Page 20 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 4.3.1. Institutional Uses Permitted A. Uses permitted In addition to the uses set forth in section 4.3.A the following principal uses are permitted on the property described in Exhibit “B.” -Amusements and Recreational Services, Not Elsewhere Classified (SIC Code 7999); limited to: Gymnastics, Instruction, Judo Instruction, Karate Instruction, Yoga Instruction, Scuba and Skin Diving Instruction, and Day Camps. -Business Associations (SIC Code 8611) -Child Daycare Services (SIC Code 8351) -Civil and Fraternal Organizations (SIC Code 8641) -Dance Studios and Schools (SIC Code 7911) -Job Training and Vocational Rehabilitation Services (SIC Code 8331) -Physical Fitness Facilities (SIC Code 7991) -Professional Membership Organizations (SIC Code 8621) -Religious Organizations (SIC Code 8661) -Social Services (SIC Code 8322) -Social Services not elsewhere classified (SIC Code 8399) B. Permitted Accessory Uses and Structures. (a) Any Accessory uses or structures customarily associated with the permitted principal uses and structures, including outdoor eating areas for special events. Bake sales, Christmas trees sales, and fund raising events. (This applies to the property described in Exhibit B only). 4.4 DEVELOPMENT STANDARDS (1) Minimum Lot Area: Ten thousand (10,000) square feet. (2) Minimum Lot Width: One hundred (100) feet as measured at the front building setback line. (3) Minimum Yard Requirements: (a) Front Yard – Twenty-five (25) feet. (b) Side Yard – None, or a minimum of five (5) feet with unobstructed passage from front to rear yard for non-residential uses. Fifteen (15) feet for hotels, motels and Page 21 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. transient lodging facilities plus one (1) foot for each two (2) feet of building height over fifty (50) feet. Attached residences shall be treated as non-residential. (c) Rear Yard – Twenty-five (25) feet. (d) Waterfront – Twenty-five (25) feet from the normal level of any artificially created body of water, excluding observation decks, bridges and walkways. (4) Maximum Height: One hundred (100) feet. (5) Minimum Floor Area of Principal Structure: One thousand (1,000) square feet per building on ground floor, except that gasoline service stations and other permitted uses for which the principal activity does not occur in a structure shall not require a minimum floor area. (6) Maximum Density: Twenty-six (26) units per gross acre of land for hotel, motel and transient lodging facilities. (7) Distance between Structures: One-half the sum of the heights. (8) Signs: As required by Section Division 2.5 5.06.00 of the Collier County Land Development Code. (9) Minimum Off-Street Parking and Off-Street Loading Requirements: As required by Division 2.3 Section 4.05.00. Off-Street Parking and Loading of the Collier County Land Development Code. (10) Minimum Landscaping Requirements: As required by the Collier County Land Development Code. a. Landscape buffer width requirement adjacent to CR-84 and CR-951: CR-84, 5 feet and CR-951. 10 feet with the landscape installation requirements set forth in the Land Development Code Section 2.4.7.4 alternative D 4.06.02.C-1.1. - General Landscaping Requirements - Alternative D. b. Landscape buffer width requirement adjacent to interior platted streets: 5 feet with alternative A of subsection 2.4.7.4. the Land Development Code Section 2.4.7.4 4.06.02.C-1.4. - General Landscaping Requirements. buffer standards. c. Landscape buffer width requirement adjacent to side lot lines, 5 feet for lots which are independently developed with discreet off street parking and drive systems: none for lots which are developed with an off street parking and drive systems which are planned to extend across one or more side lot lines so as to serve in common the adjoining lot(s). Page 22 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. d. All landscaping requirements of Section Division 2.4 4.06.00 Landscaping Buffering, and Vegetation Retention- Alternative D. of the Land Development Code not in conflict with a, b, and c shall be applicable. e. Landscape buffer plans shall be incorporated in SDP applications for each individual development site. (11) Merchandise Storage and Display: Unless specifically authorized by this PUD documents or an approved Site Development Plan, or of a nature which is permitted generally, outside storage or display or merchandise is prohibited. (12) Permitted Institutional Uses set forth in section 4.3.1, shall meet the standards of the “Activity Center #9 overlay in the Future Land Use Element of the Growth Management Plan.” Page 23 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the standards for the development of the project. 5.2 PUD MASTER PLAN A. The PUD Master Plan is an illustrative preliminary development plan. B. The design criteria and layout illustrated in the Master Development Plan shall be interpreted as preliminary and understood to be flexible so that the final design may best satisfy the project and comply with all applicable requirements. Minor design changes shall be permitted subject to Staff approval. C. All necessary easements, dedication, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. D. Overall site design shall be harmonious in terms of landscaping, enclosure of structure, locations of all improved facilities and location and treatment of buffer areas. 5.3 ENGINEERING A. The developer and all subsequent petitioners are hereby placed on notice that they shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. This includes, but is not limited to, Preliminary Subdivision Plats, Site Development Plans and any other application that will result in the issuance of a final or final local development order. B. The project shall be platted in accordance with the Collier County Subdivision Code Section 10.02.04 Requirements for Preliminary and Final Subdivision Plats to define the right-of-way, tracts, and water management areas as shown on the master plan. C. Landscaping shall not be placed within the water management areas unless specifically approved by project Review Services. D. Provide a 20 ft. landscape buffer along the entire western and southern property line. This buffer will be in a separate platted tract (not within a right-of-way) for all buffer required between on-site right-of-way and off-site County right-of-way. Buffers may be included within the platted lots that directly back up to an off-site County right-of-way, provided Page 24 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. the buffer is not located within any utility or drainage easement. When the buffer exists on a platted lot, it shall not be included in the rear – yard setback measurement for such lot(s). All landscape buffers required by Division 3.2 of the Land Development Code must be designed, bonded, permitted and constructed as part of the subdivision improvements for the project. D. Provide a landscape buffer along the entire southern property line in accordance with Section with Section 3.4 (10) and 4.4 (10) of this PUD. E. Should the South Florida Water Management District, during its permit review process, require a natural vegetative buffer be created between the lots and any jurisdictional wetland Preserve and/or Conservation tract, the buffer shall not be located within the boundaries of the lot(s) unless otherwise waived by the South Florida Water Management District. It shall be created as a separate platted tract or as a buffer Easement over an expanded limit of the Preserve tracts, which would be dedicated as Preserve/Drainage tracts, to include the buffer within the Preserve tract. If the buffer is located within a separate tract, that tract shall be dedicated on the plat to the project’s homeowners association or like entity for ownership and maintenance responsibilities and if necessary, to Collier County with no responsibility for maintenance. All Preserve buffer easements or buffer tracts shall be created in conformance with the provisions of Chapter 704.06, Florida Statutes. F. Land Development Code, Section 3.2.8.4.16.6 6.06.01 Street System Requirements – Dead end streets maximum length not to exceed 1,000 feet: Waived to a maximum length of 1,050 feet. G. Land Development Regulations, Section 3.2.8.4.166.06.01 Street System Requirements– All local streets within commercial subdivision shall be designed according to the typical section for collector streets contained in the County Standards. Waived subject to right- of-way and other dimension requirements for the roads to meet local street standards and the pavements structure to meet collector standards. H. Land Development Code, Section 3.2.8.4.7 6.01.02– Easements: Utility easements will be provided as needed with Collier County utility easements (C.U.E.) at a minimum of fifteen (15) feet. I. Land Development Code, Section 3.2.8.3.17 6.06.02– Sidewalks: Not waived since existing phase already has sidewalks and it will maintain the continuity for pedestrian’s access purposes. 5.4 UTILITIES Page 25 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76 Collier County Code of Ordinances Chapter 134 Utilities, Section 1.3.5.7. Policies and Standards, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County’s established rates. C. The on-site water distribution system to serve the project must be connected to the existing water main on Tollhouse Drive and/or CR-84 rights-of-way consistent with the main sizing requirements specified in the County’s Water Master Plan and extended throughout the project. During design of these facilities, dead end mains shall be eliminated by looping the internal pipeline network. D. The utility construction documents for the project’s sewerage system shall be prepared so that all sewage flowing to the County’s master pump station is transmitted by one (1) main on-site pump station. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer’s Engineer shall meet with the County Staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County’s sewer master plan. E. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County’s Water Master Plan to insure that the District’s water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District’s existing committed capacity. F. The existing off-site sewage transmission facilities of the district must be evaluated for hydraulic capacity to serve this project improved as required outside the project boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 5.5 WATER MANAGEMENT AND ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. Page 26 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. B. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 82-91 201-19. C. An Excavation Permit will be required for the proposed lakes(s) in accordance with Division 3.5Collier County Code of Ordinances Chapter 22, Article IV Excavation. of the Collier County Land Development Code. The standards related to depths may be modified in accordance with DER and ACOE permits. D. Each building site will be required to provide a minimum ½ inch of dry pre-treatment on site, unless otherwise waived by South Florida Water Management District. 5.6 ENVIRONMENTAL A. All jurisdictional wetlands and mitigation areas on-site shall be designated as conservation/preserve tracts or easements on all construction plans and shall be recorded on the plat with protective covenants similar to or as per Chapter 704.06 of the Florida Statutes. B. In the case of mitigation off-site any purchase must be within the Conservation and Recreational Lands (CARL) or the Corkscrew Regional Ecological Watershed Lands (CREW) or other areas approved for mitigation by the Florida Department of Environmental Regulation. The ultimate transfer of deed(s) of land(s) to Florida Department of Natural Resources, Division of State Lands must occur prior to final construction plan/plat approvals. C. Control structures on-site shall be constructed in accordance with State and Federal permits. 5.7 WATER MANAGEMENT A. Detailed paving, grading, and site drainage plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. C. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code. The standards related to depths may be modified in accordance with DER and ACOE permits. Page 27 of 27 Toll Gate Commercial Center PUDA-PL 20150002280Ordinance 92-10 Date: 11.02.16 v.1 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. D. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. E. Each building site will be required to provide a minimum ½ inch of dry pre-treatment on- site, unless otherwise waived by South Florida Water Management District. 5.8 TRANSPORTATION A. The final location of major access points along Davis Boulevard shall be determined during the SMP process approval of the Final Subdivision Plat or Site Development Plan. Such major access points shall provide primary access and internal road circulation and shall typically include turn land improvements based on projected traffic conditions. Secondary access points between David Boulevard and individual parcels shall be prohibited unless approved consistent with Ordinance 82-91 209-19 as may be amended and with the following access control criteria: 1. safety 2. proper geometric design 3. effects on the capacity of Davis Boulevard 4. traffic volumes using the proposed access point 5. other roadways providing access to the site 6. the combined effect of access to any and all tracts both within this PUD an d adjacent PUD’s 7. spacing of access points Collier County reserves the right to close any approved secondary access to and from Davis Boulevard should it at any time be found to create a traffic hazard or to adversely affect the capacity or level of service of that roadway. B. The road impact fee shall be as set forth in Ordinance85-55 Collier County Code of Ordinances Chapter 74, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. C. Access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. D. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747 Florida Statutes. EXHIBIT “B” LEGAL DESCRIPTIONS 3825 BECK BOULEVARD 3845 BECK BOULEVARD ALL OF THE TRACTS 7 THROUGH 9 AS RECORDED IN PLAT BOOK 22 PAGES 95 THROUGH 100, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND PART OF TRACT 10 AS RECORDED IN PLAT BOOK 18, PAGE 23 AND 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Tollgate Commercial Center PUD PUDA- PL20150002280 ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ ________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________ _____________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ _____________________________________________________________________________________________ __________ ____________________________________________________________________ ___________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ ___________________ ______________________ ______________________ ______________________________ ________________ 3933, 3935, 3939 AND 3945 TOLLHOUSE DRIVE AND AND 3860, 3868, 3877 AND 2889 TOLLHOUSE DR. Tollgate Commercial Center PUD PUDA- PL20150002280 _____________________________________________________ ______________________________________________________________________________________________________ ___________________________________________________________________________________________________________ _________________________________________________________________________________________________ _______________________________________ ____________________________________________________________________________________________ _______________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ ________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ____________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ __________________ _____ _____ __________________________________________ ___________________________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ ________________________________________________________________________________________ _____________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ ______________________________________________________________________ _____ _____________________________ ____________ Tollgate Commercial Center PUD PUDA- PL20150002280 ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _______________________________________________________________________ _________________________ _________________________ MAP #FOLIO #OWNER MAILING ADDRESS SITE ADDRESS LEGAL DESCRIPTION ACREAGE 1 76885050403 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3845 BECK BLVD. TOLLGATE COMMERCIAL CENTER PHASE TWO, TRACT 7, TRACT 8 AND TRACT 9 2.44 2 76885050555 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3825 BECK BLVD. TOLLGATE COMMERCIAL CENTER PHASE TWO TRACT "10" LESS THAT PORTION OF TOLLGATE BUSINESS PARK III CONDO AS DESC IN OR 4042 PG 998. 0.13 3 76875002021 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3825 BECK BLVD.TOLLGATE BUSINESS PARK III CONDOMINIUM UNIT 701 2.02 4.46 76875002047 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3825 BECK BLVD.TOLLGATE BUSINESS PARK III CONDOMINIUM UNIT 702 0 76875002128 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3825 BECK BLVD.TOLLGATE BUSINESS PARK III CONDOMINIUM UNIT 721 0 76875002144 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3825 BECK BLVD.TOLLGATE BUSINESS PARK III CONDOMINIUM UNIT 722 0 76875002160 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3825 BECK BLVD.TOLLGATE BUSINESS PARK III CONDOMINIUM UNIT 723 0 76875002186 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3825 BECK BLVD.TOLLGATE BUSINESS PARK III CONDOMINIUM UNIT 724 0 4 76885100706 SKY ANGEL CENTER LLC 1300 GOODLETTE RD N. NAPLES, FL 34102 3889 TOLLHOUSE DR.TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 16 1.33 5 76885100722 SKY ANGEL CENTER LLC 1300 GOODLETTE RD N. NAPLES, FL 34102 3889 TOLLHOUSE DR.TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 17 1.28 6 76885100748 SKY ANGEL CENTER LLC 1300 GOODLETTE RD N. NAPLES, FL 34102 3877 BUSH BLVD.TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 18 3.29 7 76885100764 SKY ANGEL CENTER LLC 1300 GOODLETTE RD N. NAPLES, FL 34102 3868 BUSH BLVD.TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 19 1.52 8 76885100780 SKY ANGEL CENTER LLC 1300 GOODLETTE RD N. NAPLES, FL 34102 3860 BUSH BLVD.TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 20 1.51 9 76885100900 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3945 TOLLHOUSE DR TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 26 AND PART OF TR A VACATED BY OR 4109 PG 3918 BY RES 06-227, LESS THAT PORTION NKA TOLLGATE BUSINESS PARK IV CONDO AS DESC IN OR 4311 PG 2208 (PH 1 BLDG 9) 0.52 10 76885100887 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3939 TOLLHOUSE DR TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 25 AND PART OF TR A AS VACATED BY OR 4109 PG 3918 BY RES 06-227 1.68 11 76885100939 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3935 TOLLHOUSE DR TOLLGATE COMMERCIAL CENTER PHASE THREE A PORTION OF TR 27 DESC IN OR 3360 PG 1867 AND PART OF TR A VACATED BY OR 4109 PG 3918 BY RES 06-227 0.67 12 76885100861 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3933 TOLLHOUSE DR TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 24 AND A PORTION OF TR A VACATED BY RES 06-227 IN OR 4109 PG 3918 1.66 13 76885100955 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3935 TOLLHOUSE DR TOLLGATE COMMERCIAL CENTER PHASE THREE A PORTION OF TR 28 DESC IN OR 3360 PG 1865 AND PART OF TR A VACATED IN OR 4109 PG 3918 BY RES 06-227 0.68 18.73 14.27 TOLLGATE PUDA AFFECTED PARCELS MAF'IiMASTER 6;DEVELOPMENT PLAN rTOLLGATE Z COMMERCIAL CENTER AJanuary, 1991 oo8pW rW1Zti• .. 7.WaJ 1 ill1 g .,. ir1 jam ty o?oao t tir}alt; rn t. WaV ti• 0: p Yd at NA w F t,+ 14:I;M.: AI IX DRIVE 1fix: v~, t, C F yn W 4rI W : 1.' 0 •4115:: _ 11111 a. gr t, F Ma w.w •4 4HIII Li cz 0.y , ct C 1 1ii ti. BUSH BOULEVARD-Q C 1:ti j IL F1'&I.F.AS F'.V,FVT t t g_ W go A fil re W.§ a W TOLLGATE BLVD. W N r t ( t W F e a h3 t Q tomZL1 4 '4 MIN C.R. 951 VIEW .. C r.1 EXHIBIT B Page 3 of 15 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 3.8x11 PUD Master Plan (2016) highlighting proposed parcels in the Commercial and Light Industrial areas subject to this request. . Page 4 of 15 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 4.8x11 Aerial photo of subject property and surrounding property. . Aerial Photo of Subject Property01.04.16 Page 5 of 15 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 5.8x11 Aerial of parcels areas subject to this request. Page 6 of 15 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 6.24x36 Aerial photo of areas subject to this request. (See attachmentss) Page 7 of 15 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 7. PUD-A application, Rezoning Criteria, Disclosure of Interest, Affidavits, Statements of Unified Control, Legal Description, etc. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME DATE PROCESSED PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Applicant(s): E-Mail Address: ________________________________________________________________ Name of Agent: ________________________________________________________________ Address: _____________________________ City: ___________ State: ________ ZIP: _______ Telephone: __________________ Cell: _____________________ Fax: ____________________ E-Mail Address: ________________________________________________________________ Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. To be completed by staff Page 1 of 16 X 1. Robert L. Duane , A.L.C.P 2. Richard Yovanovich , Esquire. 1.Robert L. Duane & Associates.Firm: 2. _____Col __________eman. Yovanovich.& Koester. Sky Angel Holdings & Tollgate LLC et AL. 1. 4880 Tamarind Ridge Drive Naples FL. 34119 2. 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 (S) 1. (239)595-5096/353-4167 2. (239) 435-3535 1. RobertRosalba.duane@yahoo.com 2. ryovanovich@cyklawfirm.com Address: _________________________*1____ City: N _____aples_____ State: _Florida_______ ZIP: ___34114____ Telephone: ___________________ Cell: ____________________ Fax: ____________________ *1. See Next Page. See attached list . PUDA - PL 20150002280. Tollgate Commercial Center PUD Applicant’s Information Sky Angel Holdings &Tollgate LLC et AL Sky Angel Holdings, INC. Tollgate LLC Naples, LLC. •Rob Johnson, Director of Sky Angel Holdings, LLC. Manager of Sky Angel Center, LLC. •1300 Goodlette Road N. Naples, FL 34102 •rob.johnson@skyangel.com •239-963-3267 •Robert P. Hardy, Director of Tollgate Commercial Center. Manager of Toll Gate Naples, LLC. •3845 Beck Blvd., Suite 807. Naples, FL 34114 •jenniferhardy19@gmail.com •239-849-0012 PUDA - PL 20150002280. Tollgate Commercial Center PUD COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 e.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: f.If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g.Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: _________________ h.Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 4/15/2015 Page 3 of 16 N/A AUGUST 03, 2012 N/A PUDA - PL 20150002280. Tollgate Commercial Center PUD COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: PUD Zoning district(s) to the PUD zoning district(s). Present Use of the Property: _________________________________________________________ Proposed Use (or range of uses) of the property: Original PUD Name: ________________________________________________________________ Ordinance No.: ____________________________________________________________________ PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: •If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; •The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and •The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: / Lot: Block: Subdivision: _________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ _____________ Commercial Residential Community Facilities Industrial Mixed Use Other: ________________ 4/15/2015 Page 4 of 16 Commercial , Industrial Uses, Vacant and Developed. _____Institutional Uses on + /- 19 Acres. See PUD Changes.____________________________________ Toll Gate Commercial Center 92-10. See also attached list of other PUD and DO changes. 35 49 S/ 26E & 2/ 50 S/ 26E Tollgate Commercial Center Phase II & III. See attached Addressing Checklist. 100.3 Acres varies varies 100.23x43,560=449,699 s.f.Size of Property: _______ x _______ ft. = Total Sq. Ft. Acres: Address/ General Location of Subject Property: __________________________________________ _____________See Location Map (_________________________NE Corner of Collier Blvd. just South of I-75)____________________________________________ PUD District (refer to LDC subsection 2.03.06 C): X See attached deeds for Legal Descriptions. PUDA - PL 20150002280. Tollgate Commercial Center PUD COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: {239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N ROW/ White Lake Industrial Park PUD 1-75 & White Lake Blvd/ Developed Industrial Parks ROW/ Forest Glen of Naples PUD Beck Blvd/ Developed Multi-Family Residential Community E "A" with Conditional Use Developed Communication Tower w C-4/ 1-75 Alligator Alley PUD Developed Convenient Store/ Undeveloped-Vacant Commercial PUD If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: _ ___,! _ ____,! __ Plat Book: __ Page#: __ Property 1.0. Nu mb er:--------------- Metes & Bounds Description:----------------------·----- ASSOCIATIONS Co mplete the following for all registered Association(s) that could be affected by this petition. Provide addit ional sheets if necessary. Information can be found on the Board of County Co mmissioner's website at htt p://www.colliergov.net/lndex.aspx?page=774. Name of Homeowner Association: Fifth District Civic Advisory Group -Attn: Mr. Douglas L. Rankin. Vice President Mailing Address: 2335 Tamiami Trail North City: Naples State: FL ZIP: 34103 Name of Homeowner Association : Forest Glen Golf & Country Club Master Association, Inc. Mailing Address: 3855 For est Glen Blvd City: Naples State: FL ZIP: 3411 4 Name of Homeowner Association : White Lake Commons Association, Inc. c/o Compass Group Mailing Address: 7 400 Trai l Blvd, Suite 101 City: Naples State: FL ZIP: 34 108 Name of Homeowner Association : Golden Gate Area Civic Association Mailing Address: 4701 Go lden Gate Parkway Cit y: Naples State : _F_L __ ZIP: 34116 Name of Homeowner Association : T ollgate Commercial Center POA, Inc. Mailing Address: PO Box 990222 City: Naples State: FL ZIP: 34119 --- 4/15/2015 Page 5 of 15 PUDA - PL 20150002280. Tollgate Commercial Center PUD COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a.The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b.Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. c.Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) d.The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e.The adequacy of usable open space areas in existence and as proposed to serve the development. f.The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g.The ability of the subject property and of surrounding areas to accommodate expansion. h.Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 4/15/2015 Page 6 of 16 PUDA - PL 20150002280. Tollgate Commercial Center PUD COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? __________________________________________________________________________________ __________________________________________________________________________________ Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered “open” when the determination of “sufficiency” has been made and the application is assigned a petition processing number. The application will be considered “closed” when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed “closed” will not receive further processing and an application “closed” through inactivity shall be deemed withdrawn. An application deemed “closed” may be re-opened by submission of a new application, repayment of all application fees and the grant of a determination of “sufficiency”. Further review of the request will be subject to the then current code. 4/15/2015 Page 7 of 16 PUDA - PL 20150002280. Tollgate Commercial Center PUD Utility Application Waiver The Toll Gate Commercial Center PUD has had access to county sewer and water since the 1980’s. The addition of a limited range of institutional uses to the PUD on ± 19 acres will have no discernibly impact on utility services. A waiver was approved at the Pre- Application Meeting to this application requirement. PUDA - PL 20150002280. Tollgate Commercial Center PUD COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a.County Utility System b.City Utility System c.Franchised Utility System Provide Name: __________________________ d.Package Treatment Plant (GPD Capacity): _________________________ e.Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a.County Utility System b.City Utility System c.Franchised Utility System Provide Name: __________________________ d.Private System (Well) Peak and Average Daily Demands: A.Water-Peak: _________Average Daily: _____ B. Sewer-Peak: _________ Average Daily: _____ If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________________ 4/15/2015 Page 8 of 16 Name of Applicant(s): ______________Sky Angel Holdings & Tollgate Naples, LLC_________________________________________________ Address: ____See attached Applicant's Information_______ City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ______________________ E-Mail Address: ____________________________________________________________________ Address of Subject Property (If available): ______________________________________________ City: _________________ State: ________ Zip: _______ Total Population to be Served: _________________________ PUDA - PL 20150002280. Tollgate Commercial Center PUD COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County’s utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. 4/15/2015 Page 9 of 16 PUDA - PL 20150002280. Tollgate Commercial Center PUD COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Pre-Application Meeting and Final Submittal Requirement Checklist for: PUD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary Completed Application with required attachments Pre-application meeting notes Affidavit of Authorization, signed and notarized 2 Notarized and completed Covenant of Unified Control 2 Completed Addressing Checklist 2 Warranty Deed(s) 3 List Identifying Owner and all parties of corporation 2 Signed and sealed Boundary Survey 4 Architectural Rendering of proposed structures 4 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 5 Statement of Utility Provisions 4 Environmental Data Requirements pursuant to LDC section 3.08.00 4 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 4 Traffic Impact Study 7 Historical Survey 4 School Impact Analysis Application, if applicable 2 Electronic copy of all required documents 2 Completed Exhibits A-F (see below for additional information)+ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) Revised Conceptual Master Site Plan 24” x 36”and One 8 ½” x 11” copy Original PUD document/ordinance, and Master Plan 24” x 36” – Only if Amending the PUD Checklist continued onto next page… 4/15/2015 Page 11 of 16 N/A:Statement-No Changes SEE NOTES SEE NOTES PUDA - PL 20150002280. Tollgate Commercial Center PUD COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Revised PUD document with changes crossed thru & underlined Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement +The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239-690-3500 for information regarding “Wildfire Mitigation & Prevention Plan.” PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart Conservancy of SWFL: Nichole Ryan Utilities Engineering: Kris VanLengen Parks and Recreation: Vicky Ahmad Emergency Management: Dan Summers Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: FEE REQUIREMENTS Pre-Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: o Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 Legal Advertising Fees: o CCPC: $925.00 o BCC: $500.00 School Concurrency Fee, if applicable: 4/15/2015 Page 12 of 16 PUDA - PL 20150002280. Tollgate Commercial Center PUD COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 o Mitigation Fees, if application, to be determined by the School District in coordination with the County *Additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee. All checks may be made payable to: Board of County Commissioners 4/15/2015 Page 13 of 16 PUDA - PL 20150002280. Tollgate Commercial Center PUD COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 EXHIBIT A (To be completed in a separate document and attached to the application packet.) PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A.Principal Uses: 1.____________________________________________ Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (“BZA”) by the process outlined in the LDC. B.Accessory Uses: 1.___________________________________________ Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: CONDITIONAL USES (Optional) 1.___________________________________________ DEVELOPMENT STANDARDS Table ____________ below sets forth the development standards for land uses within the (type of PUD) PUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. 4/15/2015 Page 14 of 16 PUDA - PL 20150002280. Tollgate Commercial Center PUD EXHIBIT B (To be completed in a separate document and attached to the application packet.) TABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY ATTACHED & TOWNHOUSE TWO-FAMILY, PATIO & ZERO LOT LINE MULTI- FAMILY CLUBHOUSE/ RECREATION BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA S.F. PER UNIT S.F. PER UNIT S.F. PER UNIT S.F. PER UNIT S.F. PER UNIT MINIMUM LOT WIDTH FEET FEET FEET FEET FEET MINIMUM FLOOR AREA S.F S.F S.F S.F./D.U.N/A MIN FRONT YARD FEET FEET FEET FEET N/A MIN SIDE YARD FEET FEET FEET FEET N/A MIN REAR YARD FEET FEET FEET FEET N/A MIN PRESERVE SETBACK FEET FEET FEET FEET FEET MIN. DISTANCE BETWEEN STRUCTURES FEET FEET FEET FEET or BH, whichever is greater N/A MAX. BUILDING HEIGHT NOT TO EXCEED FEET FEET FEET FEET FEET ACCESSORY STRUCTURES FRONT FEET FEET FEET FEET FEET SIDE FEET FEET FEET FEET BH REAR FEET FEET FEET FEET FEET PRESERVE SETBACK FEET FEET FEET FEET FEET DISTANCE BETWEEN PRINCIPAL STRUCTURE MAX. BUILDING HEIGHT NOT TO EXCEED SPS SPS SPS or FEET FEET S.P.S. = Same as Principal Structures BH = Building Height Footnotes as needed 4/15/2015 PUDA - PL 20150002280. Tollgate Commercial Center PUD GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners’ association boundaries shall not be utilized for determining development standards. Setback may be either _________ feet (________) on one side or _________ feet (________) on the other side in order to provide a minimum separation between principal structures of _______ feet (________). Alternatively, if the ________ foot (________) setback option is not utilized, then the minimum setback shall not be less than ________ feet (________) and the combined setback between principal structures shall be at least _______ feet (________). At the time of the application for subdivision plat approval for each tract, a lot layout depicting minimum yard setbacks and the building footprint shall be submitted. TABLE II DEVELOPMENT STANDARDS FOR COMMERCIAL DISTRICT PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA Sq. Ft. N/A MINIMUM LOT WIDTH _______Ft. N/A MINIMUM YARDS (External) From Immokalee Road Canal ROW _______Ft. SPS From Future Extension of Collier Blvd. _______Ft. SPS From Western Project Boundary _______Ft. _______Ft. MINIMUM YARDS (Internal) Internal Drives/ROW _______Ft. _______Ft. Rear _______Ft. _______Ft. Side _______Ft. _______Ft. MIN. DISTANCE BETWEEN STRUCTURES Ft. or sum of Building heights * _______Ft. MAXIMUM HEIGHT Retail Buildings _______Ft. _______Ft. Office Buildings _______Ft. _______Ft. MINIMUM FLOOR AREA _______Sq. Ft. ** N/A MAX. GROSS LEASABLE AREA _______Sq. Ft. N/A *Whichever is greater ** Per principal structure, on the finished first floor. 4/15/2015 PUDA - PL 20150002280. Tollgate Commercial Center PUD ________________________________________________________________________________________ _____________________________________________________________________________________________________________________ TOLLGATECOMMERCIAL CENTER PDI PUD Rezoning Considerations CPPC Section 10.02.13.B Date: Jan 14, 2016 Page 1 of 8 PUDA REZONING CONSIDERATIONS CCPC SECTION 10.02.13.B PROJECT DESCRIPTION: The purpose of this PUDA Amendment application is to convert+/- 18 acres in the Tollgate Commercial Center PUD from light industrial and commercial uses to Institutional Uses.(See also Cover Letter). EVALUATION CRITERIA: a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Response: Tollgate Commercial Center is bounded on three (3) sides by Federal, State and County maintained right-of-ways; Interstate 75 - North, Beck Boulevard (S.R. 84) - South and Collier Boulevard (C.R.951) - West respectively. Along the eastern boundary, a Florida Highway Patrol station is situated with A-Agricultural zoning. Forest Glen of Naples PUD (a residential community) is situated on the southern side of Beck Boulevard. Developed C-4 and the I-75 / Alligator Alley CPUD properties are situated on the western side of the Collier Boulevard right- of-way across from Tollgate. The proposed project will continue to meet or exceed all buffer requirements set forth in the Collier County Land Development Code, Central Water and sewer services exist in this area and the proposed project will not adversely affect the current Level of Service (LOS) for any public utilities. There ae no proposed changes to the development standards in the PUD. The proposed land use change to permit limited institutional and social service uses will result in increased development options for the limited defined acreage that will not cause any detrimental impacts to its adjacent neighboring properties. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. Response: Evidence of Unified Control has been provided for the limited acreage being affected by this PUDA rezone. Any proposed project(s) with be privately owned and the property owner will be responsible for the provision and maintenance ________________________________________________________________________________________ _____________________________________________________________________________________________________________________ TOLLGATECOMMERCIAL CENTER PDI PUD Rezoning Considerations CPPC Section 10.02.13.B Date: Jan 14, 2016 Page 2 of 8 of all facilities onsite. The proposed future development and the existing development throughout the Toll Gate Commercial Center will be subject to an existing Property Owner's Association that maintains all common areas including but not limited to water management areas, preserve areas and perimeter buffering. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) Response: The change as proposed, are consistent with the Collier County LDC and GMP. The subject property is also within the Mixed-Use Activity Center Sub-district (# 9 I-75 and Collier Boulevard and Davis Boulevard {Interchange Activity Center}) per the Growth Management Plan's Future Land Use Element and Map. The purpose of this Subdistrict is: "...to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Mixed Use Activity Centers are intended to be mixed-use in character. Further, they are generally intended to be developed at a human-scale, to be pedestrian- oriented, and to be interconnected with abutting projects – whether commercial or residential. Street, pedestrian pathway and bike lane interconnections with abutting properties, where possible and practicable, are encouraged." The PUDA request is consistent with this purpose and is therefore in compliance with Objective 1, Policy 5.1, specifically, of the FLUE. The subject property is also within the Interchange Activity Center Sub-district per the Growth Management Plan's Future Land Use Element and Map. All development proposed in Interchange Activity Center #9 are subject t o the following standards for development: "All new projects within Activity Center #9 are encouraged to have a unified plan of development in the form of a Planned Unit Development. The mixture of uses allowed in Interchange Activity Center #9 shall include all land uses allowed in the Mixed Use Activity Centers; additionally, industrial uses shall be allowed in the northeast and southeast quadrants of 1-75 and Collier Boulevard, and in the southwest quadrant of Collier and Davis Boulevards. The above allowed uses notwithstanding, commercial zoning shall not exceed 55% of the total acreage (632.5 ac.) of Interchange Activity Center #9. The actual mix of ________________________________________________________________________________________ _____________________________________________________________________________________________________________________ TOLLGATECOMMERCIAL CENTER PDI PUD Rezoning Considerations CPPC Section 10.02.13.B Date: Jan 14, 2016 Page 3 of 8 uses shall be determined during the rezoning process based on consideration of the same factors listed under the Mixed Use Activity Center Sub-district, and based on the adopted IMP." The PUDA request, again, is consistent with this purpose and is therefore in compliance with Objective 1, Policy 5.1, specifically, of the FLUE. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity and density as required by Objective 2, and Policy 5.5 of the FLUE. The project's location within a mixed-use PUD and the proposed Institutional Uses are compatible and complimentary to existing and future surrounding land uses as required by Policy 5.4 of the FLUE. Proposed improvements utilizing best land use planning practices are planned to be in compliance with Objective 3 of the FLUE. The project will connect to the County’s Utility System. The overall Tollgate project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub Element. Additional water management areas may be placed at the time of SDP approval that will be provided in accordance with applicable design standards and capabilities. At the time of development, any future development will be consistent with Policy 1.3 of the Transportation Element. Beck Boulevard, Collier Boulevard and Davis Boulevard are not expected to function below the level of service required to meet concurrency requirements: nevertheless development of the subject land remains subject to concurrency requirements throughout its construction phases. The proposed request is a reduction in the development intensity and result in less trip generation. Any future development will achieve consistency with Objective 2 through the demonstration of facility and system capacity at each stage of the development order process as applicable. Any future development is subject to Policy 2.6 and as such will have to demonstrate compliance through an up-to-date traffic analysis and mitigation strategies where appropriate. Additionally, controlled pedestrian connections from the proposed development areas to existing sidewalks and the County facilities have been or will be provided allowing the project to be consistent with Policy 7.4. All future development within the subject areas of this PUDA application will be connected to the County's utility system (i.e., sewer and water) and is therefore ________________________________________________________________________________________ _____________________________________________________________________________________________________________________ TOLLGATECOMMERCIAL CENTER PDI PUD Rezoning Considerations CPPC Section 10.02.13.B Date: Jan 14, 2016 Page 4 of 8 consistent with Objective 1.5, Policies 1.5.1 and 1.5.2 of the Sanitary Sewer and Potable Water Sub Elements of the GMP. GMPA CONSIDERATIONS: Urban Commercial Subdistrict: This District is intended to accommodate almost all new commercial zoning; a variety of residential uses, including higher densities for properties not located within the Urban Coastal Fringe or Urban Residential Fringe Sub-districts; and a variety of non-residential uses. Response: The Toll Gate Commercial Center and its interior parcels and tracts have been master planned to meet the intent of the Urban Commercial Subdistrict. The PUD permits Commercial and Light Industrial development with proposed Institutional Uses are not located in either the Urban Coastal Fringe or Urban Residential Fringe Subdistricts. Mixed Use Activity Center Sub-district a. Rezones are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. Response: The subject property currently has PUD zoning in compliance with the Mixed Use Activity Subdistrict (MUAC). b. The amount, type and location of existing zoned commercial land, and developed commercial uses, both within the Mixed Use Activity Center and within two road miles of the Mixed Use Activity Center. Response: The proposed Institutional Uses will not increase the amount of Commercial or Light Industrial Uses. The applicant believes the intent of this criteria is to determine the over-saturation of commercial lands within the MUAC. This request actually seek to diversify the already permitted commercial land uses by additionally permitting institutional uses on +/- 18 acres. Commercial and light industrial uses are still also permitted subject to the proposed PUD Change Institutional uses; however, it will broader the mix of uses at this location. ________________________________________________________________________________________ _____________________________________________________________________________________________________________________ TOLLGATECOMMERCIAL CENTER PDI PUD Rezoning Considerations CPPC Section 10.02.13.B Date: Jan 14, 2016 Page 5 of 8 c. Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses. Response: The property owner has been approved for churches, and other institutional and social service provisions. There is clearly a demand for these uses. d. Existing patterns of land use within the Mixed Use Activity Center and within two radial miles. Response: The proposed change will not increase the amount of commercial development or change the pattern of development. e. Adequacy of infrastructure capacity, particularly roads. Response: All necessary infrastructure is existing and currently in place. The proposed land use change requested within the PUDA application to allow institutional uses will generate less traffic and also will have a less impact on the existing interior and adjacent roads based upon the Trip Rate Comparison Attached.. f. Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties. Response: There are no proposed changes to the existing developmental standards for the PUD. Any new development resulting from the proposed PUDA changes shall comply with the minimum buffering requirements for future development as applicable. Furthermore, building design, location, and land use restrictions contained in the PUD, serve to reduce noise and visual related impacts on adjacent properties and right- of- ways, and are not proposed to be changed. g. Natural or man-made constraints. Response: The Toll Gate Commercial Center and its interior parcels and tracts are bound by the man-made constraints that are the adjacent right-of-ways and developed land uses on all sides of the PUD which do not allow for future expansion outside of what has already been planned. ________________________________________________________________________________________ _____________________________________________________________________________________________________________________ TOLLGATECOMMERCIAL CENTER PDI PUD Rezoning Considerations CPPC Section 10.02.13.B Date: Jan 14, 2016 Page 6 of 8 h. Rezoning criteria identified in the Land Development Code. Response: All Rezoning criteria within the Land Development Code has been taken into consideration and answered above. (See attached Rezoning Criteria) i. Conformance with Access Management Plan provisions for Mixed Use Activity Centers, as contained in the Land Development Code. Response: At the time of development, any future development will be consistent with Policy 1.3 of the Transportation Element and the Access Management Plan required for development within the MUAC. Beck Boulevard. Collier Boulevard and Davis Boulevard are not expected to function below the level of service required to meet concurrency requirements; nevertheless, development of the subject land remains subject to concurrency requirements throughout its construction phases. j. Coordinated traffic flow on-site and off-site, as may be demonstrated by a Traffic Impact Analysis, and a site plan/master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections. Response: Internal and external roadways, medians, and access points are all existing within the Toll Gate Commercial Center. k. Interconnection (s) for pedestrians, bicycles and motor vehicles with existing and future abutting projects. Response: All required controlled pedestrian connections from the proposed development areas to existing sidewalks and the County facilities have been or will be provided allowing the project to be consistent with Policy 7.4. l. Conformance with the architectural design standards as identified in the Land Development Code. Response: The Architectural Design Standards identified within the Land Development Code will be met and reviewed at time of SDP for any future development on the limited subject property area. ________________________________________________________________________________________ _____________________________________________________________________________________________________________________ TOLLGATECOMMERCIAL CENTER PDI PUD Rezoning Considerations CPPC Section 10.02.13.B Date: Jan 14, 2016 Page 7 of 8 Interchange Activity Center Subdistrict: a. Landscaping, buffering and/or berming shall be installed along the Interstate; Response: Landscaping and buffering along lnterstate-75 is existing and in place. b. Fencing shall be wooden or masonry; Response: Acknowledged. c. Wholesale and storage uses shall not be permitted immediately adjacent to the right-of- way of the Interstate; Response: Acknowledged. d. Central water and sewage systems shall be required; Response: Utilities for this development are existing. e. Ingress and egress shall be consistent with State Access Management Plans, as applicable; Response: All points of access to the development are existing and will remain in place. No new access points are being requested at this time. f. No direct access to the Interstate right-of-way shall be permitted; Response: Acknowledged. g. Joint access and frontage roads shall be established when frontage is not adequate to meet the access spacing requirements of the Access Control Policy, Activity Center Access Management Plan provisions, or State Access Management Plans, as applicable; Response: Access points and roads are existing for this development. No new access roads or points are being requested at this time. h. Access points and median openings shall be designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for U-turn movements; Response: Access points and roads are existing for this development and have been planned to accommodate truck traffic adequately. ________________________________________________________________________________________ _____________________________________________________________________________________________________________________ TOLLGATECOMMERCIAL CENTER PDI PUD Rezoning Considerations CPPC Section 10.02.13.B Date: Jan 14, 2016 Page 8 of 8 i. The developer shall be responsible to provide all necessary traffic improvements to include traffic signals, turn lanes, deceleration lanes, and other improvements deemed necessary - as determined through the rezoning process; and, Response: Acknowledged. j. A Maximum Floor Area Ratio (FAR) for industrial land uses component of the project shall be established at 0.45. Response: The PUD is a vested DRI that permits +/- 898,000 sf. on +/- 70 acres of net usable area. The approved DRI and PUD has less than a FAR of 0.45. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Response: The proposed PUDA change shall comply with the minimum buffering requirements for future development as applicable. Furthermore, building design, location and land use restrictions contained in the PUD serve to reduce noise and visual related impacts on adjacent properties and right-of-ways. e. The adequacy of usable open space areas in existence and as proposed to serve the development. Response: The proposed project will meet or exceed the required open space per LDC. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Response: Any future development on the subject property of this PUDA will comply with the County Adequate Public Facilities Ordinance where applicable. The site will be served by Collier County Public Utilities for water and sewer. g. The ability of the subject property and of surrounding areas to accommodate expansion. Response: The Toll Gate Commercial Center and its interior parcels and tracts have been master planned. The adjacent right-of-ways and land uses on all sides of the PUD do not allow for future expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Response: The proposed PUDA Amendment complies with all applicable regulations set forth in the Collier County Land Development Code. 1 Tollgate Commercial Center PDI-PL 20150002280 REZONING CRITERIA Date: 01.14.2016 REZONING CRITERIA COMPLIANCE WITH LDC SECTION 10.03.05 I. TOLLGATE COMMERCIAL CENTER PUD PROPERTY 10.03.05 I. Nature of requirements of planning commission report. When pertaining to the Rezoning of land, the report and recommendations of the planning commission to the Board of County Commissioners required in 10.02.12 D. shall show that the Planning Commission has studied and considered the proposed change in relation to the following, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. The proposed request for the PUD change is consistent with the goals, objectives, policies of the FLUE, and elements of the Growth Management Plan (GMP). (See also PUD rezoning criteria for further description of FLUE and GMP compliance). 2. The existing land use patterns. The subject property is located in Interchange Activity Center #9. It is located in the southeast quadrant of I-75 and east of Collier Blvd (CR 951), north of Beck Blvd, in Section 35, Township 49 South, Range 26 East and Section 2, Township 50 South, Range 26 East, Collier County, Florida. All four quadrants of this Interchange Area are developed or developing with non-residential uses. (See attached Location Map and aerial photo). a. The property to the North is developed with White Lake Industrial Park PUD. b. Land to the South of the subject property is developed with the Forest Glen Residential PUD. c. Land to the east of the subject property is zoned “A” with a Conditional use. d. Land to the west is zoned C-4/ I-75 the Alligator Alley PUD. In summary the proposed Tollgate Commercial Center PUD is a mixed use project in an activity center and it is consistent with the FLUE and GMP an emerging urban land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby district. 2 Tollgate Commercial Center PDI-PL 20150002280 REZONING CRITERIA Date: 01.14.2016 The proposed PUD-A request only affects ±18 acres of the Tollgate Commercial Center PUD comprising ±100 acres to add Institutional Uses, to parcel (A) Commercial Uses and parcel (B) Light Industrial Uses. The proposed PUD amendment will not result in the creation of an isolated district unrelated to nearby uses based on the foregoing. (See also attached aerial photo and 8x11 PUD Master Plan depicting parcels subject to the proposed change). 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for changes. The proposed district boundaries for the PUD are logically drawn based on existing conditions. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The Future Land Use Element encourages a broad range of uses on the subject property, including institutional uses and social service uses at this location in Activity Center #9. The petitioners of this PUD application anticipate a need for a broader range of uses including institutional and social uses since the PUD was originally approved in 1984. This petition will further goals of the FLUE. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed PUD change will not adversely affect living conditions in the area as the properties subject to this amendment are currently non-residential uses North of Beck Blvd. The proposed institutional uses are compatible with commercial and light industrial uses in the PUD at the proposed location. Land to the south of Beck Blvd. in the Forest Glenn Residential PUD will not be adversely affected by lower intensity institutional uses in the Tollgate PUD Commercial Center, as they are generally less intense than commercial or light industrial uses. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed Incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed PUD amendment will not adversely affect public safety or increase traffic congestion. A trip rate comparison is provided comparing existing uses with the proposed change in uses. The request will reduce the development intensity in comparison to commercial and light industrial uses. (See Trip Rate Comparison) 8. Whether the proposed change will create a drainage problem. 3 Tollgate Commercial Center PDI-PL 20150002280 REZONING CRITERIA Date: 01.14.2016 The proposed PUD will not result in creating a drainage problem because the water management system is largely in place for this PUD. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. There are no changes to the proposed development standards. The proposed PUD based on its size, proposed density, development standards, and open spaces will not serious reduce light or air to adjacent to adjacent areas as the development standards are not proposed to be changed in the proposed request. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed PUD change will not affect property values in adjacent areas, by permitting institutional and social service uses. 11. Whether the proposed change will be a deterrent to the improvement of development of adjacent property in accordance with existing regulations. The proposed PUD change will not be a deterrent to the improvement or development of adjacent properties which are developed in accordance with existing regulations (See attached aerial photo). 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed PUD change will not be a grant of special privilege to an individual as contrasted with the public welfare. The proposed change is consistent with the Future Land Use Element. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property could be developed with commercial and light industrial uses. The incorporation of a limited number of institutional and social service uses in the PUD will broaden the mix of uses and provide additional benefits to the public at large. The proposed changes are consistent with the FLUE (See cover letter.) 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Based on the data and analysis and other information contained in this application, the proposed PUD is not out of scale or character with the neighborhood or the county. 4 Tollgate Commercial Center PDI-PL 20150002280 REZONING CRITERIA Date: 01.14.2016 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It is not impossible to find other locations for the proposed institutional and social service uses requested in this PUD change. However for the reasons set forth in the request the subject property provides a number of benefits to the public at large because of its location, its proximity to other non-residential uses, the monitoring public, and is consistent with the FLUE. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The proposed PUD will require no site alteration, as the needed infrastructure is currently in place to serve the needs of the development including access, and water management areas. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code Ch. 1106, art. II], as amended. As noted the proposed request results in a reduction in development intensity, therefore lessening the demand on transportation facilities. The PUD will not have an adverse impact on traffic facilities based on the Trip Generation Rate comparison, the demand for sewer and water services are also comparable or less than existing allowable uses. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Such factors will be considered at the time of the public hearing before the B.C.C. to insure future protection of the public health, safety, and welfare. Page 8 of 15 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 8. 8x11 FLUCS map. Page 9 of 15 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 9. A list of dates and resolution numbers(or other appropriate identification numbers) of all modifications or amendments to the originally approved PUD and DRI Development Order that includes the following:  DRI Development Order 84-1 approving ADA for 69.4 acre DRI  Ordinance 84-06 PUD Approval for 69.4 acres  Ordinance 90-54 PUD Approval for 78.57 acres  Ordinance 90-92 Adding Environmental conditions  Ordinance 92-10PUD 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  PUD 15-149 Change to PUD and Development Order 15.01 changing Commercial/Light Industrial boundary. -· ·, January 17, 1984 DEVELOPMENT ORDER 84-1 DEVELOPMENT ORDER OF THE BOARD OF COUNTY COHMISSIONERS OF COLLIER COUNTY, FLORIDA FOR TOLL GATE COMMERCIAL CENTER, tOCATEO IN SECTION 3S, TO\.INSHlP 49 SOUTH, RANGE 26 EASTt WHEREAS, th~ Applicant, Neno Spagna, Agent for Barnett Bank Tru1t Company, N. A., Trust Number 50-1072 filed on July 12, 1983 with th• County of Collier an Applicntion for Development Approval (ADA) of a Development of Regional Impact (DRt) knovn as Toll Gate Commercial Center in accordance vi th Section 380.06(6), Florida Statutea; and ~'R!~F.AS, Neno Spagna, Agent, haA obtained all ntceatary approval• and conditional 1rrroval1 frm1 th• varlou1 Collier County a11nciea, departments, and boards required 11 o condition to Planned Unit Development (PUD) 7.oning and DRI nppruvol; and ~!ERF.A$, the Bonrd of County Commissioners as the governing body of the unincorporated nrea of Collier County having jurindiction pursuant to Chapter 380,06 11 authorited and empowered to consider Application•· for l'evelopment Approval for Developmantt1 of Reg1ona1 Tt .,>act, and WllERF.A v , tht1 puhh .. 11<H t c e requf. ___ .. ts o( ChAptC!r J o v 1.. .... Collier County Zoning Ordinance have been aatiafied; and • ~IEREAS, the Coaatnl Area Planning Comndaaion ha1 reviewed and considered the report nnd rccolll!llcndation of the Southwe1t Florida Regional Pl4nning Council (SWFRrC) nnd held a public hear1na on the ADA on November 17, 1983; nnd ~If.REAS, the nonrd of County Commissioners haa p4e1ed Ordinance Number 8)-28 which amended the Comprehensive Land Uae Plan to allow for Induatrial and Or~in4nce 84-6 which rezoned th• subject property to PUD; and WHER!AS, Toll Gate Coll'll'Dercial Center PUD application for development approval ia alao part of an overall rezoning application by the developer; and the i11uance of a development order pursuant to Chapter 380,06. Florida Statute•, doea not 'con1titute a waiver of any povera or ri&ht regarding the iaauance of other development pennit1 by the County or State: January 17, 1984 WHEREAS, on January 17, 1984 the Board of County Commissioners, at an open public hearing in accordance with Section 380.06, Florida Statutes, considered the report and recommendations of the SWFRPC, the certified record of the documentary and oral evidence presented to the Coastal Area Planning Commission, the report and recommendations of the Coastal Area Planning Commission, the application for Development of Regional Impact submitted by Neno Spagna, Agent, and the comments upon the record made to this Board of County Commissioners at said meeting. r.uw, L:;.:.i.;cFORE ill:: IT R~'..·;;_VED by the Be..;.:: or County Commis8loners, Collier County, Florida, in a meeting assembled this 17th day of January, 1984; and after full consideration of the reports, recommendations and testimony, the Board of County Commissioners hereby finds and determines: Section 1. That this Resolution shall consititute the Development Order for Collier County issued in response to the ADA filed by Neno Spagna, Agent, for development of Toll Gate Commercial Center, a Development of Regional Impact. The scope of development to be permit.ted pursuant to this Order includes operations described in the ADA and the composite Exhibit B. Section 2. That Board of County Commissioners, having received th~ above-referenced documents, and having received all related comments, testimony and evidence submitted by each party and members of the general public, finds there is substantial competent evidence to support the following findings of fact: A. fhat the re11l prnpPrty which is the subject of the ADA is legally described as set forth in Exhibit A, attached hereto and by reference made a part thereof. B. The 3pplicatiQn is in accordance with Section 380.06(b) Florida Statutes. C. The applicant submitted to the County an ADA and sufficiency response known as composi~e Exhibit B, and by reference made a part hereof, to the extent that they are not inconistent with the terms and conditions of this Order. January 17, 1984 D. The applicant proposes the development of Toll Gate Commercial Center, 69.4 acres, for commercial, industrial and resid~ntial tourist uses. E. The Development is consistent with the report and recommendations of the SWFRPC. F. The development will not unreasonably interfere with the achievement of the objectives of the adopted State Land :,.:.·.1.:lopmt:11t Plan :·l't;licnble to th.: ·:1.:a. G. A comprehensive review of the impact generated by the development has been conducted by the County's departments and the SWFRPC. H. The development is not in an area designated an area of critical concern pursuant to the provisions of Section 380.06, Florida Statutes, as nmeu<lerl, I. The development is consistent with the lnnd development regu- lations of Collier County. Secticn 3. That th~ R,.,:i-' 'lf County Commissior.ern h,..,,in~ rMde .. i,l! above findings of fact, reaches the following conclusions of law: A. That these proceedings have been duly conducted pursuant to applicable Jaw and regulation9, and based upon the record in this proceeding, the Developer and the various departments of the County are authorized to conduct development as described herein, subject to the conditions, restrictions and limitations set forth herein. B. That the review by the County, the SWFRPC and other participating agencies and interested citizens reveals that i~pact& arc adequately addressed pursuant to the requirements qf Chapter 380, within the terms and condition~ of this Order and the ADA. Section 4. This Board of County Commission finds that the applicant has adequately addressed and satisfied those conditions set forth by the SWFRPC in said Board "conditional approval" of the ADA, or agreed to the modifications approved by the Board and to any additional conditions. January 17, 1984 A. Substantial Oevi3tions: Retriggcring of Development of Regional Impact Process. Further review pursuant to Chapter 380.06, may be required if a substantial deviation, as defined in Chapter 380.06, occurs. The applicant shall be given due notice of, and an opportunity to be heard at any hearing to determine whether or not a proposed change to the development is a substantial deviation. Substantial deviation may occur by failure to comply with the conditions herein, failure to follow the j-lans ar -: .'.pecificationr. r11 :;i:.l~~cd in the :.n.' ... ~~ supplementary informatio~, or by activities which are not commenced until after the expiration of the period of the effectiveness of the Order. B. The Applicant shall submit an annual report in accordance with Section 380.06(16), on the Development of Regional Impact to the County, the SWFRPC, the State Land Planning Agency, and other agencies ~s may be appropriate, by December 31 each year until and including such time as all terms and conditions of this Order ~re sn~isfied. Such report shall be submitted to the Collier County Community Development Administrator who shall, after appropriate review, submit it for review by the Board of County Commissioners. The Board of County Commissioners shall review the report for compliance with the terms and conditions of this Order and may issue further orders and conditions to insure compliance with the terms and conditions of this Order. The applicant shall be notified of any Board of County Commissioner hearing wherein such report is to be reviewed, provided however, that rece1.pt and review by the Board of County Commissioners shall not be considered a substitute or a waiver of any terms or conditions of this Order. The annual report shall contain: 1. The SlffRPC' s monitoring forms as may be required; 2. A description of all development activity conducted pursuant to this Order during the year immediately preceding the submission of the annual report; January 17, 1984 J. A description of all development activities proposed to be conducted under the terms of this Order for the year i11m1ediately subsequent to the submission of the annual reports; 4. A statement listing anticipated applications for development permits, required pursuant to applicable regulations which the applicant propos~s to submit during the year immediately following submittal of the annual ;:.:port; 5. A statement setting forth the name(s) and address(es) of any heir, assignee or successor in interest to the applicant in its capacity ns developer of Toll Gate Commercial Center. 6. A statement that all persons have received copies of the annual report, as required under Chapter 380.06(17). It is the intent herein, that the foregoing requirements for submittal of the annual report shall be in addition to and not in li~u of any suhmJ rtnl r~.,uircmcnts for an ann•rnl renort 1111 promulgated by the State Land Planning Agency or the Southwest Florida Regional Planning Council. C. Southwest Florida Regional Planning Council's Recommendations as fol lows: IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL THAT THE PROPOSED PROJECT BE APPROVED SUBJECT TO rHE FOLLO~ING CONDITIONS: 1. ENERr.Y: The proposed project would be an all electric development. As such it would increase energy demands of the Region in n manner similar to that of other "all electric" developments. Recommendations: The following list of energy conservation features shall be incorporated into the review of all final site plans and architecture for Toll Gate Commercial Center or implemented through appropriate deed restrictions and covenants: ~ .. ' January 17, 1984 a. ProviRion of bicycle/pedestrian access to be consistent with Collier County requirements. b. Provision of bicycle racks or storage facilities in office nnd commercial areas. c, Cooperation in the locating of bus stops, shelters and other passenger and system accommodations when a transit system is developed to serve the project area, d, 1'-n of e!"t>rg y -eff~~1ent fel'turcs ~n ··.•in-low design (e.g., shading and tinting). e. Prohibition of deed restrictions or covenants that would prevent or unnecessarily hamper energy conservation efforts (e.g., butlding orientation and solar water heating systems), f. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and hc;it. g, Installation of energy-efficient lighting for streets, parking areas and other interior and exterior public areas. h. Selection of native plants, trees and other vegetation and land s cape design features that reduce requirements for water, fertilizer, maintenance and or:t:er needs. i. Planting of native shade trees to provide reasonable shade for structures, streets and parking areas. j, Placement of trees to pr~vide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. {Shade in the summer should recive primary consideration.) k. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind, January 17, 1984 1. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. 2. HISTORICAL AND ARCHAEOLOGICAL: Although no historic or archaeological sites were loceted, it is possible that they may be discovered during the construction phase of the project's development. Recommendations: If any potential archaeological or preparation process, all work shall cease until the significance of such findings can be assessed and the appropriate cfficials notified. 3. TRANSPORTATION: Transportation generated by Toll Gate Commercial Center, when combined with other growth in the area, will necessitate intersection improvements at the inter s e c tion o f CR-9 5 1 and SR-84, Other improvements may also b e re quired .-::: dc tc ru.ir.ed b:i· .-; :uc:-:it::ri.:-::; ;irogra:n. Recommend;itions: a. The applicant s hall he required to pay for tile signalization, turn lanes and other improvements deemed necessar y by the County Engineer or FOOT for the intersection of CR-951 with Davis Boulevard (SR-84). These improvements shall be made at the time that this intersection is found to exceed level-of-service "C". Service level determination shall be made by either the Collier County Engineering Department or FOOT. To this end, the applicant shall submit an annual monitoring report to the Collier County Engineering Department, the Naples (Collier County) M.P.O., FOOT, and the Southwest Florida Regional Planning Council for review. The first monitoring report shall be submitted at the time of the issuance of the first certificates of occupancy for Toll Gate Commercial .. January 17, 1984 Center. Reports shall be submitted annually until buildout of the project. This report shall contain traffic counts taken at the access points to the site and turning movements at the CR-951/SR-84 intersection. b, Monitoring Davis Boulevard to determine its need for four lanes shall begin with Phase I. At the time that the portion of Davis Boulevard from Radio Road to fll-951 ii: found t" exceed lcvel-0f-serv{ce "C" (by the Collier County Engineering Department or FDOT), the applicant shall be required to pay a proportional share of the cost of two-lane road con&tru ~tlon, excluding r1ght-of-wAy, through an areawide funding program. This share will be determined by the npplicant's share of the traffic, determined at the time of full buildout of the project, to the total volu~e of the projected traffic nlong the rondway. c. At the time thnt tlw <:minty Engineer determines t}iat CR-951 fro~ I-75 to Davis Boulevard (SR-84) is found to exceed level-of-service "C", the applicant shall be required to pay a proportional share of the cost of two-lane road construction, excluding r~ght-of- way, through an areau ide funding program. The applicant's share should be determined as outlined in Recommendation b. Alternatives: Impact Fees: If Collier County adopts an impact fee for development, this fee can be substituted for the proportional payment outlined in the recotntlendations, Any external road imp .rovements already paid for should be credited towards the overall fee charged the applicant. •-..._...,... ·- MJOl 079~1:-!619 January 17, 1984 D. Commitments specified in the PUD Ordinance as set forth in Exhibit A attached hereto and by reference made a part thereof and as follows: 1. Detailed site drainage plans shall be submitted to the Water Management Advisory Board for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Water Management 2. An Excavation Perr.iit shall be required in accordance with County Ordinance No. 80-26, as amended by Ordinance No. 83-3, for construction of the two retention lakes. 3, On-site and off-site groundwater conditions shall be further investigated as they relate to historic local drainage patterns and the Henderson Creek Basin. 4, The developer shall recognize that this area is subject to flooding and will proceed with construction at its own risk with knowled~c that ~allier County will not be held responsible for ~ny floo,!ing prohlcm thnt mny occur, 5. Subject t,· FDOT approval, the developer shall provide the following: a. A southbound left turn lane on CR-951 at SR-84 before any certificates of occupancy are issued. b, A future dual southbound left turn facility on Crt-951 at SR-84 when deemed warranted by the County Engineer. c, Separate lanes for left turns, right turns and through traffic movements on the westbound approach of SR-84 to CR-951. d. The developer agrees to pay a fair share contribution in accor.dance with any lawfully adopted regulation applicable to this property. 6. The Utility Division's stipulations as found in Exhibit C, attached. ... -·-~---·-·-----·----------·- January 17, 1984 Section 5. If any significant historical or archaeological sites or artifacts are discovered during site preparation and construction, the Bureau of Historical Sites and Properties, Florina Department of State and the County Environmentalist shall be notified to determine the importance of such discoveries, and to determine appropriate measures to be undertaken to in~ure their preservation. Section 6. That the definitions contained in Chapter 380.06 shall control the interpretation and construction of any terms of this Development Order. Section 7. That this Order shall remain in effect for a period of ten (10) years from the effective date of this Development Order. 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 activit y . Section 8. That this Orrler s hall be binding upon the Developer, assignees vr successors in interest. Section 9. It is understood that any reference herein to any governmental agency s hall b e construed to mean any future instrumentality which may be created or designated or successor in interest to, or which othen.iise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Order. Section 10. In the event that any portion or section of this Order is determined to be invalid, illegal, or uncon5titutional by a court or agency of competent jur~sdiction, such decision shall in no manner effect the re~aining portions of this Order which shall remain in full force and effect. Section 11, This resolution shall become effective as provided by law, .. · :~· 079u;162I .'-.'.\." ., ' ·' ~·: .- ·" " •' . ... . ,'' January 17, 1984 THEREFORE, DE IT FURTHER RESOLVED by the Board of County Commis- sioners that Neno Spagna, Agent for Barnett Banks Trust Company, N. A. Trust Number 50-1072, being the authorized agent for the owner o~ developer of the project known as Toll Gate Commercial Center as legally described in Exhibit A, attached hereto, is hereby granted local Development Order DRI-83-2C and is subject to all the requirements and conditions represented in the PUD Document as found in Composite Exhibit A, and as also reflected in this Development Order. Thl" ORI nAvelopmA~t Order ~hall be dee~ed ren~~red as of thfA date for the purposes of computing the forty-five (45) day appeal period provided under Section 380.07(2), Florida Statutes. Certified copies of this order arc to be sent immediately to the Department of Community Affairs, Southwest Florida Regional Planning Council. Done in open session this 17th day of J~nuary, 1984. DATE: J~nuarv 17, 1984 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: WILLIAM J. REAGAN, CLERK DAVID C. BROWN, CHAIRMAN APPROVED AS TO FOR.'! Ah"D LEGAL SUFFlCIEl\CY ~/}.~ ,. J KENNETH B. CUYLER ASSISTANT COUNTY ATTORNEY 0 I tJ ·-- ' l .,. -· ,..., :-.:.: -..i; ,__; ('" ... : ~ :--(' l' c: -> =-r ;. ORDINANCE 84-· 6 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 49-26-7 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT FOR 69.11 ACRES TO COMMERCIAL, INDUSTRIAL AND RESIDENTIAL TOURIST USES IN THE SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 49 S., RANGE 26 E; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, Neno J. Spagna, petitioned the Board of County Commissioners to change the Zoning Classification of the herein described real property; NOW, THEREFORE BE IT ORDAINF.D by the Board of County Co1111Dissioners of Collier County, Florida: SECTION ONE: The Zoning Classi(ication of the herein described real property located in Section 35, Township 49 S, Range /6 E, Collier County, Florida is chnnged from A-2 to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. T~e Official Zoning Atlas Map Number, Number 49-26-7, as described in Ordinance 82-2, is hereby amended accordingly. (see attached) (_ ,_ ;.i: ....... ·11 L•' c:. r-·-· l \.1. ,-, \.{' l ~~..., -'\) CJ --· ::'C: .. --< C'l.:> '" ..c.. .. : . . . . ~ . ~ . ' SECTION TWO...!.. This Ordinance shall become effective upon receipt of notice that is has been filed with the Secretary of State. DATE: January 17, 1984 ATTEST: WILLIAM J BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .A.PPROVED AS TO FORM AND LEGAL SUFFICIENCY .·> ~·~. l.J~. ~-... j..(. BURT SAUNDERS, COL'?\~IT .... , \ .. ' .. R-83-18C PUD Ordinance STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Cl~rk of Courts in and for the Twentieth Judicial Circuit, Colller County, Florida, do hereby certify that th~ foregoing is n true and correct origir.al of: ORDINANCE NO. 84-6 which was adopted by the Board of County Commissioners durin~ Regular Session the 17th day of January, 1984. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, th,~~.:17th day of January, 1984. · "(..':" -~ ,.. ' WILLIAM J. REAGAN-,_ Clerk of Courts and Clerk Ex officio t6iBoard of County Comrnissioners By ~,: • ~ }~./ V~inia Magrt~y Clerk This ordinance filed with the Secretary of State's Office the 23rd day of January, 1984 and acknowledgement of zhat ling received this 26th day of January, 1984. • . . ~~· Ry :~..i:ru • I.,..,; a f{Gsi:tasr . e?ut erk &00( 18 Pl'.~ 14 r r f f r r r I I 1 J I 1 I l ! PLANNED UNIT DEVELOPMENT FOR TOLL GATE COMMERCIAL CENTER ~OLLIER CO~NTY, FLORIDA PREPARED BY: DR. NENO J. SPAGNA, PRESIDENT FLORIDA INSTITUTE OF URBAN AFFAIRS, INC. BOX 1354 NAPLES, F'LORIDA 33939 (813) 263-0399 JULY, 1983 REVISED: DECEMBER 15, 19 8 3 &00( 018 W< 15 r r r TABLE OF CONTENTS LIST OF MAPS REZONE PETITION LEGAL DESCRIPTION TABLE OF CONTENTS GENERAL LOCATION OF PROJECT SITE STATEMENT OF COMPLIANCE r PROJECT INFORMATION COMPk£HfNSIVE PLAN DESIGNATION CURRCNT ZONING EXISTING LAND USE ADJACENT LAND USE LAND ELEVATION SOILS VEGETATIVE COVER WILDLIFE HISTORICAL OR ARCHAEOLOGICAL SITES WASTEWATER MANAGEMENT WATER MANAGEMENT WATER SUPPLY SOLID WASTE ELECTRICITY POLICE PROTECTION FIRE PROTECTION TELEPHONE SCHEDULE OF DEVELOPMENT USE REGULATIONS FOR PARCEL A-1 AND PARCEL B-2 and B-3 MASTER PLAN APPROVAL APPROVAL STIPULATIONS ( l !DO~ 018 rl'' 1fi PAGE i ii iii _,_ _,_ -2- -2- -2- -2- -3- -3- -3- -3- -3- -4- -4- -4- -4- -5- -5- -5- -5- -5- -5- -6- 7 thru , 2 -13- 1 3 thru 16 ·----.. --""'" ------------·--·------------- r r r f r f r I f I l I I t l l LIST OF MAPS MAP REFERENCE & TITLE MAP A LOCATION MAP MAP B AERIAL PHOTOGRAPH MAP c TOPOGRAPHIC MAP MAP D EXISTING LAND USE MJ\P E SOILS MAP MAP r VEGETATlON MAP MAP G WATER MANAGEMENT MAP MAP H MASTER DEVELOPMENT PLAN ii 800< 01R WI 17 PAGE -17- _, U- _, 9- -20- -21 - -22- -23- -24- r r l f f I f I l I LEGAL DESCRIPTION Commencing at the ~outheast corner of Section 35, Township 49 South, Range 26 East, Collier County, Florida; thence along the east line of said Section 35, North 1"-56'-55" West 200.14 feet to a point on the north right-of-way line of State Road 84 (~lligator Alley); thence along said north right-of-way line, North 89"-45'-01" West 331 .23 feet to a point of intersection of said north right-ct-way line and the south Limited Access, right-of-way line of State Road 93 (I-75), and the POINT OF BEGINNING of the parcel herein described; thence continue alo~g said right-of-way line of State Road 84 (Alligator Alley) on the following five courses: 1) North 89°-45'-01" West 2398.66 feet; 2) South 89°-56'-16" West 1547.43 feet; 3) North 80"-43'-58" West 709.38 feet; 4) North 39°-5"' 12" West 209.91 feet; 5) North 10•-,._. West 209.94 teet to a point on the East Limiter •.. :ess, right-of-way 1 ine of State Road 93 (I-75); thence continue along said Limited Access, right-of-way line of State Road 93 (I-75) on the following nine courses: 1) North 3"-19'-52' East 285.34 feet; 2) North 23"-37'-28" East 149.83 feet; 3) North 64"-12'-39" East 149.83 feet; 4) North 86°-31'-01" East 778.54 feet; 5) South 87"-55'-12" East 318.32 (eet; 6) South 78"-44'-38' East 318.32 feet; 7) South 74"-09'-17" East 1199.30 feet; 8) South 73"-00'-33" East 1qo4.96 feet; 9) ·southeasterly 233.67 feet along the arc of a circular curve concave to the northeast, having a radius of 11621 .16 feet, sublended by a chord which bears South 73"-35'-07" East 233.67 feet to the ncrth right-of-way line of State Road 84 (Alligator Alley), and the Point of Beginning of the parcel herein described; being a part of south 1/2, Section 35, Township 49 South, Range 26 East, Collier County, Florida; subject to easements and restrictions of record; containing 69.40 Acr.es of land more or less; bearings are bas~d on Florida Department of Transportation right-of-way map for State Road 93 (I-75). GENERAL LOCATION OF PROJECT SITE Toll Gate Commercial Center is located in the southeast quadrant of Interstate I-75 and CR 951 approximately five miles east of the Naples Airport at the eastern terminus of Davis Boulevard (SR 84), see Map A. -1- r r f r f r r f I I I . , I STATEMENT OY COMPLIANCE The petitioner states that if he proceeds with the proposed development, he will: (a) Do so in accord with: 1. The Master Plan of Development officially adopted for the district. 2. Regulations existing when the amendment rezoning the land to PUD is adopted; and, 3. Such other conditions or attached to the rezoning classification. modifications of the land as may be to the PUD 4. The goals and policies of Collier County's Compre- hensive Plan. (b) Provide agreements, contracts, deed restr.ictions, or sureties acceptable to the County for completion of the undertaking in accord with the adopted Master Plan as well as for the continuing operati~~ and maintenance of such areas, functions and facili' that are not to be provid.?d, operated or maintainer" general public ex- pense, and, (c) Bind his successors in title to any commitments made under (a) and (b) preceeding. PROJECT INFORMATION Total Acres: 69. 4 Number of acres devoted to various categories of land use: Development area Water Management area Road Right-of-Way F.P.L. Easement Flow Way Sewage Treatment Plant 38.9 1 4. 6 4. J 3.6 5.0 3.0 COMPREHENSIVE PLAN DESIGNATION The project site is designated commercial on the Collier County Comprehensive Plan. CURRENT ZONING The project site is currently zoned A-2, Rural Agriculture. -2- I r r ·r . · .,f ! r r ( , r . I EXISTING LAND USE At the present time the site is unoccupied, see Map B and Map D • ADJACENT LAND USE The adjacent lands are predominatE' ly vacant at the present time. The property locaten at the northwest corner of CR 951 and SR 84 is presently used as a Sunoco Service Station Site. The property located on the southwest corner of CR 951 and SR 84 is used as a Standard Service Station site. The property on the north consists of the I-75 right-of-way. The property on the south is vacant. LAND ELEVATION The elevation of the project site varies from 9.8 feet to 11.6 feet. For elevation distribution see Map C. Toll Gate Commercial Center lies within Zone B as identified on the Federal Flood In- 3urance Rate Map (effective September 14, 1979). Zone Bis identi- fied as those areas between limits of the 100-ycar flood and 500-year flood. This means that no development will be occuring within the 100-year flood prone area. SOILS 1~erP are three types of soil cover on the project site. They are Arzell fine sands, Keri fine sands and Pompano. fine sands. The distribution of these soil types is shown on Map E. VEGETATIVE COVER A breakdown of the vegetative cover of the projec::. area is as follows, see Map F for detailed distribution: KEY Al A2 B c D E F CP VEGETATION COMMUNITY Pineland Transitional Zone Pine & Cypress Saw Palmetto/Rusty Lyonia Transitional Zone/Cypress Saw Palmetto/Rusty Lyonia Functional Wetland Transitional Zone/Cypress Cabbage Palm Heads -3- !OOK 018 l'J".r 20 ACREAGE 9. 1 6.5 5.7 29.4 3. 7 9.4 1. 2 0.5 f r f r r r r J I 1 I I I l " ••, f ~: ;.~;( ·ti( ~ ~) .. '\ f ., : ;,,~ -~ :f.· J>I ;r ,. :~ ·~- 'l M FPL Melaleuca Cleared and FilleJ Land Total 1. 4 2.5 69.4 There are no unique features of the vegetation. All species a:id associations arc "typical" for soil types common to pine flatwo0·d of level sandy areas of Collier County. Wildlife, observed or noted the representative ::;pee ies, birds, which normally occur Commercial Center site. WILDLIFE from tracks, nests, such as raccoon, in a habitat such etc. consisted of snakes and wading as the Toll Gate No endangered or threatened species were observed on the site. HISTORICAL OR ARCHAEOLOGICAL SITES John Beriault, Field Representative of the s.w. Florida Archaeo-· logical Society, searched for such sites and believes none exist on the tract. WASTEWATER MANAGEMENT On-site treatment of wastewater flows will be provided by an extended aeration plant designed and cunslt-ucted to State of Florida, Department of Environmental Regulation criteria. The plant will be designed to handle peak flows for both phases. Pro- visions will be made in the design to handle thE high BOD levels expected. Grease traps will be installed where necessary. WATER MANAGEMENT The Water Management Plan, see Map G, consists of two drainage sub- basins divided by the Florida Power and Light easement. The pro- posed drainage system will be designed to SFWMD and County cit·teria. Minimum road elevations and discharge control will be designed for the 25-year 3 day rainfall event. The finished floor elevations ...-ill be established by the 100 year-zero discharge de- sign event. -4- &OD~ 018ri·i 21 r f r r r ( r WATER SUPPLY PoL~ble water will be supplied by the Collier County Water-F• ·~r Disr·r let. Non-potable water wi~l be supplied for landscape ir=igation and other non human consumptive uses by an on-site well system. SOLID WASTE Solid waste will be disposed of at the Collier County Sanitar Landfill. Collection will be provided by commercially operat~d trucks; anticipated pickup will be two times per week. ELECTRICITY Electricity will be provided by the Florida Power & Light Company, Inc. POLICE PROTECTION Police protection will be provided by the Collier County Sheriff Department. FI RE PROTECTION Fire protection will be prov:ded by the Golden Gate Fire Control and Rescue District. TELEPHONE Telephone service will be provided by United Telephone of Flo ··a~. -5- &OOK 018 W.~ 22 --------------------- f f f r f f r J J i l I I 1 l l SCHEDULE OF DEVELOPMENT Project development will commence as soon As all required permits have been obtained and will continue to build-out. The following schedule indicates the anticipated start and completion dates for the various components of the project, please refer to Map H. \ OF COMPONENT ACREAGE SITE START COMPLETE Parcel A-1 I A-2 1 6 • 4 23.7 1985 1987 Lake I 1 I incl. Natural Retention Area 3.0 4 . 3 1984 1986 Road Construction 4. 3 6.2 1984 19% F.P.L. Easement 3.6 5.2 Parcels B-1, B-2, B-3 22.5 32.4 1986 1990 Lake 12, incl. Natural Retention Area 1 1 . 6 1 6 . 7 1984 1986 Wastewater Treatment Site 3.0 4.3 1984 1987 Natural Flow Way 5. 0 7.2 1984 1987 Totals 69.4 100 -6- f r r r f r r r I I I I I I I us~ REGULATIONS FOR PARCELS A-1 AND A-2 1) Intended use of Parcels A-1, A-2. It is the intent of this document that Parcels A-1 and A-2 be used for comm~rcial purposes which serve the motoring public usinq Interstate I-75 as well as providing limited commercial goods and services of an areawide nature for the Naples, Marco Island, Golden Gate and the Imrnokalee urban areas. Further it is the intent of this document that Parcels A-1 and A-2 shall be used in accordance with all current federal, state and county regulations except as specified otherwise in this document by the Collier County Board of County Commissioners. 2) Permitt~d Principal Uses and Structures No building or structure, or part thereof, shall be erected, altered or used or land or water used, in w~ole or in part for other than the following: (1) Automobile service station including engine tune-ups and minor repairs. (2) Banks and financial institutions, business and professional offices. (3) Cocktail lounges and commercial entertainment. (4) Convention and exhibition halls. (5) Department stores; drug stores; dry cleaning shops and dry goods stores. (6) Electronic games and furniture sales. (7) Ice cream shops and dairy drive-in stores. (8) Motels; hotels and other transient lodging facilities. (9) Research and design labs; restaurants and fast food restaurants. (10) Shopping centers (see Section 10.5 of Ordinance 82-2). -7- aoo~ 01R w.i 24 ., ' '· r r r I I I I I I (11) Souvenir stores and stationery stores. (12) Supermarkets (13) Variety stores1 vehicle rental-automobile and U-haul type of vehicles and equipment including outside display1 veterinary offices and clinics1 no outside kennelling. ( 1 4) Any other comparable Planning compatible commercial or profesaional service in nature with the foregoing uses and Implementation Director determines in the district. which is which the to be 3) Permitted Accessory Uses and Structures ( 1) Any acccnnory uncn or structures customarily associated with the permitted principal uses and structur~s. (2) Caretakers residence as permitted by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. 4) Permitted Provisional Uses and Structures 5) (1) Car Wash (2) Attached residence in conjunction with a business use - one (1) per business. (3) Permitted uses with less than 1,000 square feet gross floor area in the principal structure. Development Standards (1) Minimum Lot Area: Ten th0usand (10,000) square feet. {2) Minimum Lot Width: One hundred (100) feet as measured at the front building setback line. (3) Minimum Yard RequirP.ments: a. Front Yard -Twenty-five (25) feet plus one (1) foot for each two (2) feet of building height over fifty (50) feet. -8- !OD< 01R wr 25 '.\ ~I r r r I I .. , I ·:'.·· ·: ,, 1;:,: }: ... r ·: ~· ) ......... ~ ~ ' ' b. Side Yard -None or a minimum of five (5) feet with unobstructed passage from front to rear yard for non- residential uses. Fifteen (15) feet for motels, hotels and transient lodging facilities plus one ( 1) foot for each two ( 2) feet of building height over fifty (50) feet. c. Rear Yard -Twenty-five (25) feet d. Waterfront -Twenty-five (25) feet from the normal water line of any artificially created body of water, excludinn, observation decks, bridges and walkways. (4) Maximum Height: One hundred (100) feet ( 5) ( 6) ( 7) ( 8) ( 9) Minimum Floor Area of Princi al Structure: One thousand ( , ) square eet per bu1 ding on the ground floor. Maximum Density -Twenty-six (26) units per gross acre of land foL hotels, motels or transient lodging facilities. Distance Between Structures -Same as for side yard set- backs. Si¥ns -As may be permitted or required by the applicable Co lier County Zoning Ordinance in effect at the time a permit is requested. Minimum Off-Street Parkin and Off-Street Loadin e~uirements: s e perm1tte or regu1re y the ap- plicable Collier Ordinance in effect at the time a t=-0rmit is (10) Minimum Landscaping Reguirements: As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested • (11) Outside Merchandise Storaqe and Dis la 1 inq: Unless spec1 tea y perm1tte tor a given use, outside storage or display of merchandise is prohibited. -9- aoo~ 018 r1'.r. 26 •, ' .. • .... . t f f r f I I I r I 1 ) 2) USE REGULATIONS IN PARCELS 8-1, 8-2 AND B-3 Intended use of Parcels 8-1, 8-2 and 8-3. It is the intent of this document to encourage selective commercial uses in Parcels B-1, B-2 and B-3 to provide the sale, service, transportation, storage and distribution of goods and service to the traveling public on I-75 and to the citizens of the area which can be served via the access road systems. A major function of these Parcels is to serve as a focal point for the arrival of goods from other points of the region and country and then be processed for distribution to the local trade market. It is intended that inside storage and warehousing along with limited assembly and manufacturing wholly within a building and not obnoxious by reason of cnission of odor, fumes, dust, smoke, noise or vibration be permitted on Parcels B-1, B-2, and B-3. Further, it is the intent of this documPnt that Parcels B-1, R-2, and B-3 shall be used in accordance with all of the current federal, state and county regulations except as spec1 f ied otherwise in this document or as may be approved otherwise by the Collier County Board of Commissioners. Permitted Principal Uses and Structur~s No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part of other tha~ the following: (1) Any principal use or structure permitted on Parcels A-1 and A-2. (2) Assembly operntion~ in nn enclosed building. (3) Building supplies and contractors storage facilities; bulk storage yards not including junk or salvage yards. (4) Car wash, communications service and equipment repair. (5) Freight movers and storage. -10- !OOK 018 rrr 27 r .f [ r I I I (6) Laboratories, research, design and testing; laundries1 lawn maintenance shops and plant nurseries; light manufacturing or processing (including food processing but not abatoir1 packaging or fabricating in a completely enclosed building). (7) Miscellaneouo uses such as express office; telephone exchange; motor or bus or truck or other transportation terminal ~nd related uses; motorcycle sales, service and repair including outside display; museums and tourist attractions. (8) New and used car sales, service and repair including outside display. (9) Gffices, general purpose. (10) Recreational Vehicle Park. (11) Warehousing, wholesaling, storage and distributing establishments and similar uses. (12) Any other commercial or professional use which is comparable in nature with the· foregoing uses and with the foregoing uses and which the Planning Implementation Director determines to be compatible in the district. 3) Permitted Accessory Uses and Structures (1) Any accessory l1ses or structures customarily ass0~iated with the uses and structures. 4) Permitted Provisional Uses and Structures (1) Attached residence in conjunction with a business -one (1) per business. (2) Permitted us~ with lc~G than 1 ,000 square fee~ gross floor areas in the prinicipal building. 5) Development Standards (1) Minimum Lot Area: Ten thousand (10,000) square feet. -, , - &00~ 018 w.~ 28 ---·"·----------------------- r r f r f r I I I I ' l l l l l ---· ·----·-· (2) Minimum Lot Width: One hundred (100) feet as measured at the front building setback line. (3) Minimum Yard Requirements: a. Front Yard -Twenty-five (25) feet. b. Side Yard -None, or a minimum of five (5) feet with unobstructed passage i~orr. front to rear yard for non-residential uses. Pifteen (15) feP.t for hotels, motels and transient lodging facilities plus one (1) foot for each two (2) feet of building height over fifty(SO) feet. Attached residences shall be treated as non-residential. c. Rear Yard -Twenty-five (25) feet. d. Waterfront -Twenty-five (25) feet from the normal level of any artifically created body of water, excluding observation decks, bridges and walkways. {4) Maximum Height: One hi•ndred (100) feet. ( 5) ( 6) Minimum Floor Area of Princi~al Structure: One thousand -rr;l)OO) square feet per buil ing on ground floor. Maximum Density: Twenty-six (26) units per gross acre of land for hotel, motel and transient lodging facilities. (7) Distance Between Structures: Same as for side yard setbacks. ( 8 ) ( 9 ) Si1ns: As may be permitted or required by the applicable Co.lier County Zoning Ordinance in effect at the time a permit is requested. Minimum Off-Street Parking and Off-Street Loading Requirements: As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. (10) Minimum Landsca~int Requirements: As may be required by the applicableol ier County zoning Ordinance in effect at the time a permit is requested. (11) Merchandise Stora~e and Display: Unless specifically permitted for a given .use, outside storage or display of merchandise is prohibited. ·-12- . I r .. r r. I f r . r .• . f I . ·!· l : . t· . { , ~(' MASTER PLAN APPROVAL Subdivision Master Plan approval as shown on Map H is requested as part of this PUD submittal. APPROVAL STIPULATIONS I. Water Management Advisory Board reviewed this petition and re- commended approval subject to the following stipulations: 1. Detailed site drainage plans shall be submitted to the Water Management Advisory Board for review. No con- struction permits shall be issued unless and until approval of the proposed construction in accordance with the sub- mitted plans is granted by t~·f: ~vt!'.er Manaqement Advisory Board. 2. An Excavation Permit shall be required in accordance with County Ordinance No. 80-26, as amended by Ordinance No. 83-3, for construction of the two retention lakes. 3. On-site and off-site groundwater conditions shall be further investigated as they relate to historic local drainage patterns and the Henderson Creek Basin. 4. Developer shall recognize that this area is subject to flooding and will proc~ed with construction at own risk and acknowledge that Collier County will not be held re- sponsible for any f iooding problem that may occur . II. TRAFFIC: The Traffic Engineer has the following recommendations: Subject to FOOT approva 1, the developer shall provide the following: 1. A southbound left turn lane on C.R. 951 at S.R. 84 be- fore any certificates of occupancy are issued. 2. A future dual southbound left turn facility on C.R. 951 at S.I{. 84 when deemed warranted by the County Engineer. 3. Separate lanes for left turns, right turns and through traffic movements on the westbound approach of S.R. 84 to C.R. 951. 4. The developer agrees to pay a fair share contribution in accordance with any lawfully adopted regulation ap- plicable to this property. -13- BOOK 01R ri-1 30 l '· ·• ~.· .(. .~. { . " ·· . .... ~ e'.: " .r:, t ~ " ·1 ~··~ ·,·. ". i.~ \". :?:; )~ ~ ~ f f f r f f r J I I I 1 l • I_ L MEMORANDUM DATE:~-"11~1~l~l'-2~2~·......il~9~8w1'--~~~~~~~~~-- Apo Ober Plan Implementation Dept FROlv\:~-1.I~~1~~Bwe~rr.....zol..U.ln.,_._rr~r~1~1~1ur~1~eCAs .............................. ~ Administrator RE: Petition R-83-lSC, DRI-83-2C, Toll Cate Commercial Center, S 3S-49-26E We have reviewed the PUO and DRI documents for the project referenced above and have no objection to the rezone as requested. However, ve require the following stipulations as a condition to our recommendation for approval: l) The items listed in Attachment No. l. 2) We require a written Agreement vith the owner of the project, legally acceptable to t~e County Water-Sever District, stating that: A) The proposed on-site vastevater treatment facilities to be constructed as part of the proposed project ~ust be regarded as interim; it shall be constructed to State & Federal standards and be O\ltled, operated And maintained by the owner, his assigns or succeosors until fiuch time as the County's Central Sever Facilities are available to service the project, b) Upon connection to the County's Central Sever Facilities, the Owner, his assigns or successors shall abandon, dismantle and remove from the siLe the interim sewage treatment facility, All work related with this activity shall be performed at no cost to the County or the County Water-Sever Di::trict. c) Connection to the County's Central Sever facilities vill be made by the olo'Tlers, their assigns or successors at no cost to the County or to the County Water-Sever Distrtct within 90 days after such facilities become available • d) All construction plans and technical specifications related to connections to the County's Central Sever facilities vill be submitted for review and approval prior to commencement of construction. e) The owners, their assigns or successors shall agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. 3) Any items within the PUO & DRI documents vhich conflict with above listed stipulations must be revisP.~ accordingly. 4) As stated in the PUD & DRI documents, this development pl.\ns to obtain potable vater service from the Collier County Regional L -~4- r r r r r ·I . ( . I Ann Ober Paga 2 July 22, 1983 Water Syatam. Connections in this syatem will not be available until the construction of the wat~r supply, treatment and trana- miasion facilities are completed. At that time, connection will be on a "first come first serve" basis wh•'l the following occurs: a) Water is available to the area. b) An application for service is approved. c) All applicable charges and fees are paid • ILB/JFM/bp Attachment -15- ---.... ___ ._ __ ... _____ _,, -· .. ~OOK 01R w.r 32 I l) 2) 3) ATTACHMENT NO. l -UTILITY DIVISION POLICY STIPULATIONS All construction plans and technical specifications for the proposed Utility Facilities must be reviewed and approved by the Utility Division prior to co111I11encement of construction. All on-site and off-site Utility Facilities constructed by the Developer in connection with the Development shall be constructed to County Standards at no cost to the County and shall be deeded to the County Water-Sewer District. in accordance with applicable County Ordinances and Regulations. All customers connecting to the sanitary sewer and water distribution facilities will be customers of the County Water-Sewer District and vill be billed in accordance with a rate structure approved by the County. Review of the proposed rates and subsequent approval by the Board of County Conam.issionera must be completed prior t~ activation of the collection/transmission system and v~{C~water treatment facility servicing the project. Race r~views must be in full compliance with County Ordinance ~o. 76-71 as amended, revised or superseded. 4) All construction on the proposed sanitary seve~ syst~~ shall utilize proper me,hods and materials co insure water tight conditions. 5) Appropriate Utility Easements dedicated ta ~he County Water-Sewer District must be provided for the proposed Water and Sewer facilities co be constructed. when they do not lie within public rights-of-way or Utility Easements. 6) Data required under County Ordinance No. 80-112 muse be submitted and approval granted prior co approval of the construction documents for the project. Submit a copy of the approved DER pert!!it application for the se~age collection and transmiss\on system and a copy of the approved DER permit application and construction permit for the wastewater treatment fAcility to be utilized. -16- 800~ 018 rir.r 33' «••··---·--------------··-·-------------- I I l l I .... ----... .... 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AH.ira, ltoc. ..,... tMI r .... q '' ALLIGATOR ALLEY ___ __/ I I ---' TOLL "GATE COMMERCIAL CENTER TOPOGRAPHIC MAP MAP C .... . ,~~. -...,, ~--~~--~-----·-·· LI ' u -llCai,.,. I'\._ LAM9 - -COYU CLUWJCA1-aun ... Uft\.. +1 '""--••• '-I I ••• IO I ,CJI . 0 . < ~I 0 a: >-. ..... • z . :::> . 0 u 0 e ••• ' ~ ·1 '!1!' ~~~~~~-.,. .......... i ·--·--·s.I a l'••k' lftc. ... ••• ••• I I I '40 JJO 140 ., ~ LEGEND u• co1111111•c11.1. 140 TllAllSPOllT ATtO• J Je .... .,_ AllO &llVSMLAlllD • tO CO•Wl'llOUI 'OAllT •to MAaOWOO• POllllT 110 ITlllllAMI AMO CANA.LI IJO LAIUS 110 WITlA•O-C:OlfWU•ous PO•llT .. ,.,,,. ..,.,, .. -+···•.-........... . T ATE-ROAO-S ALLIGATOR ALLEY ••• no uo ... --t-no uo TOLL GATE COMMERCIAL CENTER r-C"':I ,. _,, c. cc ~ 0 .... C) C) '""' 'lotlda ._lllut• .. ~ AtfM•, lftc. ......... ,_ ... ..,., l•O WITLANO.YtOITATIO 110111-POflllTIO 7"0 AL flltl• LAllDI 110 I• TllAC TIYI ---EXISmG LANO USE • MAP D -.. _ .. ,. ····-:··-------~----~ --• • • • I l .. , ! • , ., • • t ~· 0 ... " ~ ,,...,,..~ .. -. ·-~--··i ¥?:"'.!:-~~~~~--:~~~'. -~~~~~i~':i:'.)~-~ .. ~ -11~~--~-------------------~--~--~~---+-----.-~ It> I O> 0 < 0 a: >-1-z ::> 0 0 >~• -------•r• ............. ; ,.,..._. ............ _.5<>11 & l'Hk, llH: • .... ,.....,. IMlHvl• el UrbM Afl.olro, llH:. .... tffl Hia.._ N tt -• f ,,~._.,.._._.:..... ><--•• .. A •. A•5 ,--, I I I I I I I I I I I I I I I I I ) .. . . . ~ A•S +•••• .. •• a•-••-1• STATE ROAO 84 ALLIGATOR ALLEY - - -~ ..· ... ' Pd A•5 Kb P.s --t l LEGEND Arnn FIA• S•n• Kerl FIA• S•n• POMP•"• Fin• S•n• cc C"'J .... .. c. .Q: ~ 0 "" CJ C> ... ----------·~,. ... TOLL .GATE COMMERCIAL CENTER I SOILS MAP MA:.:___) ' . . . .... : . ~ , f-~· . . ·1'· '. : ~ , .. : .. -. ~· . .. .. ;_ . lll0\.00.CAL CONMll.TAlllT:T•O~AL 9._,..tNDUl1JhfS. tfllC. +~---..----...-It> I CD 0 < 0 II: >-1-z :::> 0 0 ,..--.. /) r ,,,.-At "'\ l '-, ---\ B A2-'f)-) ( r'-(' \ \) )"'' \ '-./ \ ) ( A2 \. -------'~~·.l...------>r• r I I I I I I I I . . . . . . . r I I I I I I I I I 0> c +•••I•• et JI ·••·It E ---+ U~NO At ,._....., A2 TranettloAal Z_/ ...... & CYJl'•H BID Saw l' ...... tto/-ly Ly-en E CP' .. Tr-"loftal Z-/C.,,.,..a Funclloft.a Wa-Cabba9e l'alrn He_.. Molaletoca STATE ROAD 84 _ ·~· ALLIGATOR ALLEY -l ~C""J ' -.. cc ~ 0 "..c C> C> "'° /r----,1 I ~~-~~--~~~-J ......... ~: ·--·lwt-·Soll& P'••k, lftC • ... , Flo<W• .... lllwl• of ~ AH• a, me. --tMt ,.. ... q •• ·~········ --.>.-~ ... ~-"·· ·---·. , . ---TOLL GATE COMMERCIAL CENTER VEGETATION MAP • MAP F • • .. t \ .... ., . ! . . . I ., • ·~ ' ·~.t.::.--=1·~.,. ~---.. ...:;. -i··'";_.r-r_,; . -'"~~~{ )"• ... ---f-. ~ ~ -•., -~· ·, -..• ·.I·-·.;. .... ~ ~ ~ jl_ __ -------r ·-----------1······ •. ,, ..• _ .. _. ___ _ ~--::::.1-· --·-::::::::-...._ ·-.. ~ I I I I I I I I ~~~:::: r5·c.-. ~ ·:., ·\._ -~ ..... f-l . ... -. '~.-. -: ·-. -.::.. . i • ..,._. ·-·--.:::::__.I -1 ·~· !-c--t ---1-....:...f: !'·'-: ---:-· t ; T -: I -;;: ~ t. , _ >. j• ·\.0-..._ t-;: \\f 5 !~ '\ o I. ···1··-~~· " _,,.;:},.·roe~ ---=-'f"""""'1. J I \\ (.) ''1' /' I ~ 11:: 11 SUB-llASIH A SUB-BASIN B I • rf. , II .............. ., W ... --·llMIOfl·Soll. PHk, In~. ... ''°'"" lfttlllt•l• ol U<t>an Altalf•. IM. ........ tMI •-.. •I'' /_. .. c-.-----=====:::::. _-r~ L[G[l'ID sua-a-.s1N •OUMDAY a.---CONT•Ol IT .. UCTUal W•tl• M•MAQl1111MT AalA. lllUI t-----i CULYl .. T WITH HIADWALLS c-~D •lO• DIAICllON -S T AllEA -... -~.-[ ~ -------t ·~ PROPOSED LAKE (UWDllll CONSTllVCTIOM) 0 ~ ,. .. cc -M \~ C> I TOLL GATE COMMERCIAL CENTER .a WATER MANAGEMENT PLAN MAP G . i· ~ .· ...... r,.. .. --............ , ..... .., .. __,.-:• • ., ;. l ··~ -.. ' -·1·· .;;.·•. '" • e ·-1 ... 9 " •· -.• : .,.. . -._; .. -· ... _ .... ~ _ll ~ ----~+ t ' ' .. r---I I I I ~ ~ I I : I I .: I I :;; I -1 I ~I ID I (I) I 0 I I . < .. 0 I . cc I . ,.. I-z :::> 0 u ~ II I I I Pt.llCEL A•1 PARCEL 8·1 -1 ·••·•· •. >• ...... . If.Ir . ~E~s.,. '°4 7",t:-1 .. _ .... ,_ ..._ -75 ~r~ 91~1 PAllCfl 8·1 u t. ~---_U --t I Ll!Gl!MD c:::::::::J .. YU-IE"1' rAltCIELI ~ LAllU ~ atGHT CW WA'f c· _ _j MATUOIAL HnM..-AHA c::::-·:=J WUTIE•ATIE• TltlEATllOT srTf c=_j MATIIAAL FLOW WU _ STATE ROAD 84 ! I " --------,._,. -----·m~ .J"":::. ALLIGATOR ALLEY • ,-..·, _ ... W"--lillhf·Bllf\....-&oll 6 P-k, lftC. .... TOLL GATE COMMERCIAL CENTER ~ ~ ' -..._ cc ~ 0 ~ C> C> '""' - -MASTER DEVELOPMENT PLAN • MAP H ,.-. .... ,,. .... of \JrtoMO Attain, lfte. ,. --..... ,..~ .. ,, ... !: • II . . > .... # f i I j l ' I I 1 · } ."' ---ORDINANCE 90_._,5,...4,____ AN ORDINANCE AMENDING ORDINANCE NUMBER 84-6, WHICH ESTABLISHED TOLL GATE COMMERCIAL CENTER PLANNED UNIT .-~-DEVELOPMENT BY AMENDING PUD COVER PAGE TO REFLECT NAME ~: 1411 PLl\NNING FIRM SUBMITTING THE AMENDMENT; AMEND IN~ THE ~, AL DESCRIPTION; AMENDING TllE PROJECT INFORMATIO~ 1 • • -, • S ION TO REFLECT CHANGES IN TOTAL ACREAGE AND OTIU:R 1\ ~-SE ON TO REFLECT THE PROJECT'S PUD ZONING; AMENDING . ~:t. CA GORIES OF LAND USE; AMENDING THE CURRENT ZONINdi; r • • "6~X ~~~E~~c~~~I;~~I~D~~w~~F~~~E~~~~R~~~~s OF-~~THE P. ECT; AMENDING VEGETATIVE COVER SECTION TO ADD ~E ~ ER o.o.T. R.O.W.; AMENDING THE WASTEWATER MANAG'i!MENT ~~~· ECTION TO REFLECT THAT COLLIER COUNTY OR INTERIM FACILITIES WILL SERVE THE PROJECT; AMENDING SCHEDULE OF DEVELOPMENT SECTION TO REFLECT CHANGES IN COMMENCEMENT AND COY.PLETION DATES FOR CERTAIN COMPONENTS OF THE PROJECT, TO AMEND THE DESIGNATION OF CERTAIN COMPONENTS OF SAID SCHEDULE AND TO REFLECT CHANGES TO THE ACREAGES OF CERTAIN· COMPONENTS; AMENDING THE USE REGULATIONS FOR PARCELS A-1 AND A-2 SECTION BY CHANGING THE TITLE OF THIS SECTION AND THE REFERENCE TO PARCELS A-1 AND A-2 TO PARTS WEST OF THE EAST LINE OF THE F.P.& L. EASEMENT, 'AMENDING THE PERMITTED AND PROVISIONAL USES SUBSECTION TO ADD CERTAIN PERMITTED PRINCIPAL USES, TO ADD CERTAIN PERMITTED PROVISIONAL USES AND DELETE OTHERS AND TO REFER TO THE NEW COLLIER COUNTY SIGN ORDINANCE; AMENDING USE REGULATIONS IN PARCELS B-1, B-2 AND B-3 SECTION TO DELETE CERTAIN USES; DELETING THE MASTER PLAN APPROVAL SECTION AND REPLACING IT WITH A PROJECT PLANS SECTION; ADDING NEW SECTION TITLED DEVELOPMENT INTENSITY LIMITATION; AMENDING ATTACHMENT NO. l, UTILITY DIVISION POLICY STIPULATIONS, TO ADD ADDITIONAL UTILITIES REQUIREMENTS; BY ADDING A SECTION TITLED PROJECT STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 17, 1989, the Board of County Collllliaaioners approved Ordinance Number 84-6, which established the Toll Gate Commercial Center Planned Unit Development; and WHEREAS, William R. Vines of Vines' Associates, Inc., representing Ashley M. Papineau, petitioned the Board of County C0111J1isaionera of Collier county, Florid~, to amend the Toll Gate Commercial Center Planned Unit Develop~ent, NOW, THEREFORE BE IT ORDAINED by the Board of County J Co111J11iasioners of Collier County, Florida that SECTION ONE: Covar Paga of Ordinance 84-6 Toll Gate Commercial Center; is amended to read as follows: Words-a~r~ek-~hre~gh are deleted; words underlined are added. . . -- AHENQED PLANNED UNIT DEVELOPMENT FOR TOLLGATE COMMERCIAL CENTER COLLIER COUNTY, FLORIDA PREPARED BY: DR. NENO J. SPAGNA, PRESIDENT FLORIDA INSTITUTE OF URBAN AFFAIRS, INC. BOX 1354 NAPLES, FLORIDA 33939 (813) 263-0399 AHEHPEQ BY: WILLIAM R. YINES. AICP YINES & ASSOCIATES. INC. 715 TENTH STREET SOQTH NAPLES. FLQRIQA 33940 (813) 262-4164 JULY, 1983 REVISED: DECEMBER 15, 1983 AHENQEQ: JVNE 12. 1990 &DOK 39 Pm 239 -6-12-90 t Worda-a~r~ek-~hre~gh are deleted; words underlined are added. -2- ' --- description is hereby amended to road as follows: LEGAL DESCRIPTION t C0111J11encinq at the southeast corner of section JS, Township 4r, South, Ranqe 26 East, Collier County, Florida; thence along the east line of said Section 35 North 1°-56'-55" Wet 200.14 feet to a point on the north right-of-way line of State Road 84 (Alligator Alley); thence along said north right-of-way line, North 89°-45'-0l" West 331.23 feet to a point of intersection of said north right-of-way line and the south Limited Access, right-of-way line of state Road 93 (I-75), and the POINT OF BEGINNING of the parcel herein described; thence continue along said right-of-way line of State Road 84 (Alligator Alley) on the following five courses: 1) North 89°-45'-0l" West 2398.66 feet; 2) South 89°-56'-16" West 1547.43 feet; 3) North 80°-43'-58" West 709.38 feet; 4) North 39°-52'-42" West 209.91 feet; 5) North 10•-24 1 -33" West 209.94 feet to a point on the East Limited Access, right-of-way line of State Road 93 (I-75); thence continue along said Limited Access, right-of-way line of State Road 93 (I-75) on the following nine courses: 1) North 3°-19'-52" Eas~ 285.34 feet; 2) North 23°-37'-28" East 149.83 feet; 3) North 64°-12'-39" East 149.83 feet; 4) North 86•-37'-0l" East 778.54 feet; 5) south 87•-55'-12" East 318.82 feet; 6) South 78•-44'-38" East 318.32 feet; 7) South 74•-09 1 -17" East 1199.30 feet; 8) South 73•-00'-JJ" East 1904.96 feet; 9) southeasterly 233.67 feet along the arc of a circular curve concave to the northeast, having a radius of 11621.16 feet, subtended by a chord which bears South 75•-35'-07" East 233.67 feet to the north right-of-way line of State Road 84 (Alligator Alley); and the Point of Beginning of the parcel herein described; being a part of south 1/2, Section 35, Township 49 South, Range 26 East, Collier County, Florida; subject to easements and restrictions of record; containing 69.40 acres of land more or less; bearings are based on Florida Departmere of Transportation right-of-way map for State Road 93 (I-'l5). AJ.SO INCLUQING THE FOLLQWING 1 D11cription of part of section 35. Township 49 south. Range 26 East. and part of Section 2. Township 50 south. Range 26 lllL. Collier county. Florida BEGINNING at the southeast corner ot Tollgate Commercial Centet Pbo11 Ono. os recorded in Plat Book 16. page 1. Collier County pyblic Records. Collier County. Florida: thence along the boundary of said plat in the following four C4> described courses: 1) South 89•-56 1 -16" West 330.60 feet: 2) North 80•-43 1 -58" West 709.38 feet: 3) North 39•-52 1 -42" West 209.91 feet: 1) Horth 10•-24 1 -JJ" West 209.94 feet: thgnco looying said lino south t•-28'-34" East 705.25 toetl_ thence South 45•-46'-16 11 East 71.57 feet; thence North 89•-56'-02" East 1130.07 feet to a point on the east line of a Words-s~r~ek-~hro~gh arg deleted; words underlined are added. &DOK ---rlgrido Poyer and Light easement: thence along said line North o•-46'-58" East 272.2 feet to the Pgint gt Beginnina: >" • containing 9 I 17 acres more or less j :,,~:: :: 1ubj1qt to ea11ment1 and restrictions of record. ' \ .rt-<· ".' JF/ . . 81C'l'IOK THREE t t}' l !i\'.· ~·: ..... . ,~r- '~ ~-!;~· Project Information of Ordinance 84-6, Toll Gate Commercial Center is hereby amended to read as follows: PROJECT INFORMATION Total Acres: 69T4 ~ N\Ulber of acres devoted to various categories of land use: Development area Water Management area Road Right-of-Way P.P.L. Easement Plow Way Sewa9e Treatment Plant 98T9 !:4T6 4T:l 3.6 5.0 3.0 i f;. ~ I,:~:;.:,.·: SECTION FOUR: · \::{' .. :.'. · · current Zonin9 of Ordinance 84-6, Toll Gate cou1rcial Center :~ :~~' --;.·~~ ': . 'f·· i• htrtby amended to read as follows: CURRENT ZONING Use of Ordinance 84-6, Toll Gate Commercial Center, is hereby amended to read as follows: EXISTING LAND USE At tht prestnt time the site is unoccupied except fgr initial CQJl!lDercial deyelopment activities which are under wav on tbA.t Portion of the site lying west of the F.P.& L. easement. Bee-Mop-B erul-Mop-BT SECTION SIX: Vegetative Cover of Ordinance 84-6, Tollgate Commercial Center, is hereby amended to read as follows: VEGETATIVE COVER A breakdown of the vegetative cover of the project area is as follows, see Map F for detailed distribution: Words-s~rttek-~hrettgh are deleted; words underlined are added. &DOK 39PAr.r241 ., ---,,, ICEY A1 A2 B c D B F CP M FPL VEGETATIVE COMMUNITY Pineland Transitional Zone Pine & cypress Saw Palmetto/Rusty Lyonia Transitional Zone/Cypress Saw Palmetto/Rusty Lyonia Functional Wetland Transitional Zone/Cypress Cabbage Palm Heads Melaleuca Cleared and Filled Land Former DOT B/W CS.R.-84) ACREAGE 9.1 6.5 5.7 29.4 3.7 9.4 1.2 0.5 1.4 2.5 .2.a.ll Total 69T4 7L.ll ... 'l'here are no unique features of the vegetation. All species and associations are "typical" for soil types common to pine flatwoods of level sandy areas of Collier County. SECTION SEVEN: Wastewater Management, of Ordinance 84-6, Toll Gate Commercial Center, ia hereby amended to read as follows: WASTEWATER MANAGEMENT en-•i\e-\rea'••n\-ef-vaa\eva,er-fieva-vili-be-previded-by-an ex\ended-aera~ien-pian~-deai,ned-and-eena~r~e~ed-~o-S~a~e-ef Pierida7-Bepar~men~-o!-Bnvirenmen~ai-Re,~ia~ien-eri~eriaT--~he pian\-vii!-be-deai,ned-~e-handie-peak-fievs-!er-be~h-phaseaT previaien•-vill-be-made-in-,he-desi~n-,e-handle-,he-hi~h-898-leveia e~ee~edT--9rease-~rapa-viii-be-ina~a!ied-vhere-neeeaaaryT Waste yater treatment is being provided by the Collier County Sewage Treatment System. Temporary on-site wastewater treatment facilities for which all necessary permits haye been granted may be installed during any period ot time in which sewoqo treatment 1eryice is not ayailable from Collier County, SECTION EIGHT: Schedule of Development of Ordinance 84-6, Toll Gate Commercial Center is hereby amended tc read as follows: SCHEDULE OF DEVELOPMENT Project development will commence as soon as all required permits have been obtained and will continue to build-out. 'l'he following schedule indicates the anticipated start and completion dates for the various components of the project. Please refer to Map-HT the Reyised Master peyelopment Plan. ' OF COMPOlf EH? A~BEMiE SUE li'.IAB? ~QHEI..E?E Pareeia-A-i7-A-i i6T4 12111lsu:m11nt PIU:'1!1 l II !UUit gt: tbl I Ht liDI Qf tM !:995 HH l1E1i L. IHH!IDt 1.2..&..U i3TT ll.J li.ll lill Lake #1, !:neiT i994 !:996 Words-s~r~ek-~hro~gh are deleted; words underlingd are added. BOOK --- I' Ha\ural-Re\en\ion-Area 3.0 ,;, 1.:L 'J •. (" ~~ad. Construction 4.3 llll !996 llll i).:'.,~, ' . . _ ·:t , P.P.L. Easement . . . ~ ..... : : . . Parcel• B-1, B-2, B-3 .Lale• #2, incl. Natural Retention Area Wastewater Treatment Site Natural Flow Way Totals 3.62 22.5 11.6 3.0 5.0 100.0 NQTEt Tbia amended PUP document expands the originally approyed pro1ect development area by adding 9.17 acres of former QOT right-of-way lying within and west of the Florida Power & Light ea11111ent. SECTION NINEt Use Regulations for Development Parcels A-1 and A-2 of Ordinance 84-6, Toll Gate Commercial Center is hereby amended to read as follows: USE REGULATIONS FOR PEVELQPMEHT PARCELS A-!-ANB-A-i WEST OF THE EAST LINE OF THE F.P.&L. EASEMEHT , . 1) Intended use of Pareels-A-i-7-A-i; deyelopment parcels west of the east line of the F.P.& L. easement. including the added 9.17 acres of former POT right-of-way. It is the intent of this document that Pareels-A-i-and-A-i deyelopment parcels west of the east line of the F.P.& L. easement be used for commercial purposes which serve the motoring public using Interstate I-75 as well as providing limited commercial goods and services of an areawide nature tor the Naples, Marco Island, Golden Gate and the Im.mokalee urban areas. Further it is the intent of this document that Pareeis-A-t-and A-i development parcels west of the east line of the F.P.& L. easement shall be used in accordance witrr all c~rrent federal, state and county regulations except as specified otherwise in this document by the Collier County Board of County Commissioners. 2) Permitted Principal Uses and Structures No building or structure, or part thereof, shall be erected, altered or used or land or water used, in whole or in part for other than the following: (1) (2) (3) Automobile service station including engine tuna-ups and minor repairs, and car wash facilities which are accessory uses. Banks and financial institutions, business and professional offices. Cocktail lounges and commercial entertainment. Words-s\ruek-\hrou~h ~re deleted; words underlined are added. -6- &00K 3'9 PAGt 243 •' ·• .. ,•.'ii ;·· ---(4) Convention and exhibition halls. (5) Department stores; drug stores; dry cleaning shops and dry goods stores. (6) Electronic games and furniture sales. t (7) Ice cream shops and dairy drive-in stores. (8) Motels; hotels and other transient lodging facilities. (9) Research and design labs; restaurants and fast food restaurants. (10) Shopping centers tsee-Seetien-i9T5-ef-erdinanee-&i-itT (11) Souvenir stores and stationery stores. (12) Supermarkets. (13) Variety' stores: vehicle rental-automobile and U-Haul type of vehicles and equipment including outside display; veterinary offices and clinics; no outside kenneling. (14) Any other CODllllercial or professional service which is comparable in nature with the foregoing uses and which the Planning Implementation Director determines to be compatible in the district. 4) Peppitted Provisional Uses and Structures (1) car wash facilities which are principal uses. tit--Attaehed-residenee-in-eon;~netien-wi~h-a-b~siness-~se-ene ttt-per-b~sinessT tSt .L.a.l. Permitted uses with less than 1,000 square feet gross floor area in the principal structure. 5) Deyelopment Standards (1) Minimum Lot Area: Ten thousand (10,000) square teat. (2) Minimum Lot width: one hundred (100) feet as measured at the front building setback line. (3) Minimum Yard Requirements: a. Front Yard -Twenty-fivo (25) teet plus one (1) toot tor each two (2) feet ot building height over titty (50) feet. b. Side yard -None or a minimum of five (5) feet with unobstructed passage from front to rear ya~d tor non-residential uses. Fifteen (15) feet for motels, hotels and transient lodging facilities plus one (1) foot for each two (2) feet of building height over fifty (50) feet. c. Rear yard -Twenty-five (25) feet. d. Waterfront -Twenty-five (25) feet from the normal water line of any artifically created body of water, excluding observation decks, bridges and walkways. (4) Maximum Height: One hundred (100) feet. (5) Mi~imum Floor Area of Principal Structure: One thousand (1,000) square feet per building on the ground floor. Words-str~ek-thre~gh are deleted; words ~ are added. -7- 39pac,t244 ---(6) (7) (8) (9) Maximum Density: TWenty-six (26) units per gross acre of land for hotels, motels or transient lodging facilities. Distance Between Structures: Same as for side yard . setbacks. 1 Signs: As required in-See~ion-BT~i-of-erdinanee-Bi-i~ the Collier County Sign Ordinance. Minimum Off-Street Parking and Off-street Loading Requirements: As required in Section 8 of Ordinance 82-2. (10) Minimum Landscaping Requirements: As required in Section 8.30 of Ordinance 82-2. (11) Outside Merchandise Storage and Displaying: Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. SECTION TEN: Use Regulations in Parcels B-1, B-2 and B-3 of Ordinance 84-6, Toll Gate Commercial Center is hereby amended to read as follows: 2) Permitted Principal Uses and Structures No building or structure, or part thereof, shall be erected, altored or used, or land or water used, in whole or in part of other than the following: (1) Any principal use or structure permitted on deyelopment Parcels A-i-and-A-iT west of the east line of the fP&L easement. (2) Assembly operations in an enclosed building. (3) Building supplies and contractors storage facilities; bulk storage yards not including junk or salvage yards. (4) Car wash, communications service and equipment repair. (5) Freight movers and storage. (6) Laboratories, research, design and testing; laundries; lawn maintenance shops and plant nurseries; light manufacturing or processing (include food procassing but not abattoir; packaging or fabricating in a completely enclosed building). (7) Miscellaneous uses such as express off ice; telephone exchange; motor or bus or truck or other transportation terminal and related uses; motorcycle sales, service and repair ineittdin~-ott~side-dispiay; museums and tourist attractions. (9) New and used car sales, service and repair including outside display. (9) Offices, general purpose. tiBt-Reerea~ionai-Vehieie-ParkT 1.l.21 tiit Warehousing, wholesaling, storage and distributing Words-s~rttek-~hrottgh are deleted; words underlined are added. aDDK --eatabliahmonta and aimilar uaoa. -. ... ,, .Llll ttit Any other co111J11ercial or professional use which ia, · comparable in nature with the foregoing uses and with the -;~ foregoing uses and which the Planning Implementation · /'~ Director determines to be compatible in the district. SECTION ELEVEN: Master Plan Approval of Ordinance 84-6, Toll Gate Co111J11ercial Center is hereby deleted and replaced as to add a Project Plans section to read as follows: MAS~BR-Pl:iAN-APPR9YA~ S~l!tcliviaien-Maa~er-P!an-appreva!-aa-ahewn-en-Map-H-is-re~~es~ed-aa par~-e!-~his-Plra-s~bmi~~a!T PROJECT PI,ANS Tb• Amended Master Plan for Tollgate commercial Center. identified 01 Wilson. Miller. Barton. Soll & Peek. Inc. File Number RZ-91B. dated February. 1990. is an attachment to and an integral part of this amended Planned Unit peyelopment document. Also attached to this Planned Unit peyelopment document is an exhibit identified as ffMBS & P File Number RZ-91A. which is a composite plan indicating platted development areas west of the .E....f.,&L. easement; originally opproyed but unplotted deyelopment area~ east of the F.P.&L. easement; and the 9.17 acre tract of land which this An1ended Pup document incorporates in the Tollgate Commercial center proiect. SECTION TWELVE: Development Intensity Limitation Section is hereby added to read as follows: QEVELQPMENT INTEHSITY LIMITJ\TION gxpansion of the land area embraced by the originally approyed 69.4 acre Toll Gate PUP by addition of 9,17 acres of former SB-84 right-of-way lying west of the F.P.& r. transmission line easement does not authorize an increase in the oyerall Toll Gate PUQ deyelgpment intensity which was apprgyed yia Cgllier Cgunty ordinance 84-6 and PRI peyelopment Order 84-1. The maximum amount ot building square fgotage and traffic generation permitted within the prgject shall ngt exceed that which was forecast by the griginal AQA. which is dated July. 1983. The maximum amgunt gt permitted building square footage for all proiect development is 518.700 square feet. The maximum amount of traffic generation for all project deyelgpment is 13.890 vehicular trips per day. SECTION THIRTEEN: Attachment No. 1, Utility Division Po:ticy Stipulations is hereby amended to read as follows: ATTACHMENT NO. 1 -UTILITY DIVISION POLICY STIPULATIONS Words-atrttek-~hrett~h are deleted; words underlined are added. -9- oQQt( 39 P.l·~t 246 ---" ""--····--· --------------- ~· ;~~~: 1) 2) 3) 4) 5) ... .. .... All construction plans Jnd technical specifications for thel proposed Utility Facilities must be reviewed and approved bt /-:, the Utility Division prior to commencement of const~uction. All on-•ite and off-site Utility Facilities constructed by he Developer in connection with the Development shall be constructed to County Standards at no cost to the County and shall be deeded to the County Water-Sewer District, in accordance with applicable County Ordinance• and Regulations. All customers connecting to the water distribution 'nd sewage collection sanitary-sewer-and-water-distribtttien facilities will be customers of the County Water-sewer District and will be billed in accordance with a the county's established rate~ strttetttre-appreved-by-the-eettntyT--Review-ef-the-prepesed rates-and-sttbseqttent-apprevai-by-the-Beard-ef-eettnty eeJ11Jr.issieners-attst-be-eempieted-prier-te-aetivatien-ef-the eoiieetienftransaissien-systea-and-wastewater-treatment faeiiity-servieing-the-pre;eetT--Rate-reviews-attst-be-in-fttii eompiianee-with-eettnty-erdinanee-NeT-?6-?i-as-amended7-revised er-sttpersededT Should the County not be in a position to provide water and/or sewer service to the proiect. the water and/or sewer customers shall be customers of the interim utility established to serve the proiect until the county'g off-site water and/or sewer facilities are available to serye the proiect. All construction on the proposed sanitary sewer system shall utilize proper methods and materials to insure water tight conditions. Appropriate Utility Easements dedicated to the County Water-sewer District must be provided for the proposed Water and sewer facilities to be constructed, when they do not lie within pubic rights-of-way or Utility Easements. S) Data required under County Ordinance No. 80-112 must be submitted and approval granted prior to approval of the construction documents for the project. Submit a copy of the approved DER per~it application for the sewage collection and transmission system and a copy of the approved DER permit application and construction permit tor the wastewater treatment facility to be utilized. 11 It is anticipated that the County Utilities Division will yltimately supply potable water tg, meet the consumptive demand and/or receive and treat the sewoga generated by this proiect. Should the County system not b.§._JJ, a position to supply potable water to the project and/or receive the project's wastewater at the time development commences. the Developer. at his expense will install and operate interim water supply and on-site treatment facilities and/or inte~im on-site sqwoge trgatment and disposal focilitios adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between thg County and the oeveloper. binding on the Developer. his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County. prior to the approval of construction documents for the proiect and be in conformance with the requirements of Collier County Ordinance NO. 88-76. as amended . .Bl If an interim on-site water supply. treatment and transmission facility is utilized to serve the project. it myst be properly sized to supply average peak day domestic demand. in addition to fire flow dgmand at a rate approved by the appropriate Fire Control oistrict servicing the project area. Words-str~ek-thro~gh are deleted; words underlined are added. &OOK --- Project stipulations are hereby added to read as followas PROJECT STIPUI.ATIONS All stipulations contained in the original PUP document shall apply to this amendment • .a.a. Tbere shall be only two points of access to payis Boulevard, and they shall be located as shown on the oriainol site plan, Indiyidual parcels within the pro1ect shall not haye direct access to poyis Bouleyord. Access shall be yia the internal circulation system. l.a. Detailed poyina. grading. site drainage and utility plans shall be sub1Ditted to Pro1ect Reyiew Services for reyiew. Ng construction permits shall be issued unless and until apprgyal ct tha progoaed gonatruction in accordanct with the 1ubmitt1d Alana is granted by Proiect Beyiew Services. !.a. Design ond construction of all improvements shall be subject to compliance with the appropriate proyisions of the Collier County Subdivision Regulations. ~ In accgrdonce with the Rules of the south Florido Water Management District. CSfWMDl Chapters 10E4 and 10E-10. thia pro1ect shall be designed for a storm event of J-day duration and 25-yeor return frequency • .la. A copy of SfWMP Permit or Early Work Permit is required prior tg construction plan approyal. ~;~ L. Work within Collier County right-of-way shall meet the }! ' r1guiroment1 gf Collier County right-gt-way Ordinancg 82-91. I.a. All reguirements ot subsiivision ordinance must be met. aince no variances were requested, ~~:. SECTION FIFTEENI Thia Ordinance shall become effective upon receipt of notice fr011 the Secretary of state that this Ordinance hos been tiled with th• Secretory of State. DATES Q..«r,.,. I* /bt7 v VED AS TO~'FOBM AND LEGAL SUFFICIENCY: PDA-90-1/DOA-90-1 ORDINANCE AMENDMENTS nb/3753 Word•-•-r•ek--hre•~h are deleted; words underlined are added. ""' 0 0 "' c,.., co ;z ;::. N s -"' \ -IOI Cit . 0 • ~ .. a: : ,. i ~ l s .. u ' --· __ ... _ ... ,_._ -· 'RIUMS 11 WW. CDnlll. IC. ! j PAllCA 11-t ~-~-·'"----·-· ".: ·, .·.~ . -:"-.-...;~~~* -~~~.:-:~~-~~~;;:::;~'(i;f:;_f~'-~7;\~~. :,, ~ i~: · · :'1~~~~::~-.. !;_~=:;t:: ·, . · ~:·:~y. ':"·_:s:-;' ~;.-~\ ·, ;::~:r~~~1 • , ii.'.+ .............. " ~ .. N w----1. ---£- _ .... _. ______ ,...._....., ___ LlelllD -P-. ...... ~-··· ... ~~ .... . ....,... ...... .,...,..,_.,. .... -~ .......... .. TOLL GATE COMMERCIAL CENTER ... i/ INMIP.PU•- • s I, \. ... '.)i .· '-'<." - . '"t. IC >- 1- z ::> 0 u, I ! I 11 : I § I • I i I .: ______ ...;;c;...o;;...;;u;...".;.,T Y R o A o 84 ..__~~~~ l I EXHIBIT "B" t ... I ·--H -· ---.... I I T ·, '. ---··----· --- .. I, JAMES c, GILES, Clerk of Courts in and for the Twent~eth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 90-54 which was adopted by the Board of County Commissioners on the 12th d~y of June, 1990, during Regular Session. WITNESS my hsnd and the official seal of the Board of County CollLlllisaioners of Collier County, Florida, this 20th day of June, 1990. .· &DOK •. JAMES C. GILES •'\'\d.; Clerk of Courts and Clerk..-:.' · · · Ex-officio to Board of ,~' County Commissioners ; . ~Maureen Kenyon ·~. Deputy Clerk /· 39PAG[251 ~~:~·: I ~ •). . .. . > -",1 .. • ... ~ ~ .. ... ;· ': ~ . ::a :-: :...,, ...... •."! ..... . · ~ ~-~ -· -ORDINANCE NO. '90• ·-9.2.._ ' '". ·!,. c::::> ...... (") --n -J r-.:: I ~.., rr·. Q\ c .. ~' . · 2. 1 ,. .·~:ifhere-sha3:3:-be-en3:y-~we-1u:1ines-e!-aeeesa-~e-Bavis , ~. /?:::;: .. :;• Bett3:evard7 -and-ehey-aha3:3:-be-:teeaeed-as-shewn-en-eh& .,£~:-"<·< ·. erigina3:-ai~e-p:tanT--%ndividl1a:t-paree:ts-wi~hin-~he .r:~'· ·· · pre;eee-aha3:3:-nee-have-direee-aeeess-ee-Bavis-Bel1:tevardT Aeeeas-sha3:3:-be-via-ene-in~erna:t-eirel1:taeie~-ays~emT There shall be only two points of full access between the PUP and Pavis Boulevard consistent with the PUP site plan and coordinated with approved PUDs on the south side of Pavis Boulevard. The points of full access shall provide primary parcel access and internal road circulation. Secondary access points between pavis Boulevard and indiyidual parcels shall be prohibited unless approved in Site Pevelopment Plan review consistent with Collier County Rights-of-Way Ordinance 82-91 and with the following right turn in/right turn out control criteria; Safety: Proper geometric design: Effects on the capacity of Davis Blvd.; Traffic volumes using the proposed access point; Other roadways providing access to the site; 1he combined effect of access to any and all tracts both within this PUP and adiacent PUQ's; and Spacing of access points. II 041PAGt306 ~~ . . . ·i· 1··. d .;,,r'.'°;/. · .'. Collier county reseryes the right to close any approyo ,.,,'#:.Xe .··. ·· ·· ~ess to and from pavis Boulevard should it at any time )~;~~·~:· ·· · be found to create a traffic hazard or to adversely ~t ~~: · . affect the capacity or leyel of service of that roadway, ;..., "l" .. • •.:' .•. not abaolye the applicant from information as reauired tor · approval <i.e. wildlife surveys. 1::?'!;( h According to the Ob1ectiyes 6.2 and 6.3 and associated ' · policies of the Collier county comprehensive Plan - .. ,.. . ·,:~.~:· .... conservation and Coastal Management Element no net loss }'> . of wetlands shall occur: therefore. the PUP Master Plan ,~1·~ .. 1\~'1~--~ :.~is subiect tq.:·the· following:. .. ;~~-~~.·:y ~C:·?'l'•~sr.;qrhe·natural .flow way ·and ·natural. retention areas . . ):( . shall be 1urisdictional to Collier County and other \;<:: :, :· ~--;.. . · · ·: nppl.icable wetland 1urisdictional agencies and shall be created as preserve tracts or conservation ?::.~~ T:-7!":=.::ttajfezjents-subj·ect-: to ·thQ-·us·ell·=· ·and·· 11m·1t·ations ot Chapter 704.06 of the Florida Statutes prior to ·" • -• h • •• • Subdiyision Plat approya·i. -~•: }h -·~!: ·FUt1lrg· proposed aqg§lss -points shall not encroach .. : ·upon the preservation tracts or conservatism easements referenced in this document • .... .. . · ·: .. . . . -•<II--....... -··; . :". ... : ~ : ...... " .... Clerk of Courts in and for the Collier County, Florida, do foregoing is a true copy of: r.:.• Ordinance No. 90-92 County Commissioners on during Regular Session. · .. ·,:,· 1 '. official seal of the Board of of Collier County, Florida, this 12th 1990. J'AMES C. GILES Clerk ot Courts and to Board County Commissioner •\ ~ .: •' \ (\ ...... ., Clerc.·" Ex-ofticio ~:/Maureen (By: Deputy • ! • II 041PlGt308 of ·' · ~ . Kenyon Clerk .-:., • > 'J , .. 1· : ···~ .· ,. ... -.. ORDINANCE 92-J.O..._ ....... \234sc ,,_,... .>6• (§> ,p . ~ ~ ii AN ORDINANCE AMENDING ORDINANCE NUMBER &;• f!l ~~ ~ 91-102, THE COLLIER COUNTY LAND '. ~ ~"6 N DEVELOPMENT CODE WHICH INCLUDES THE ~. ~ ~-EJ COMPREHENSIVE ZONING REGULATIOHS FOR THE 1! ~ ~ V ~ UNINCORPORATED AREA OF COLLIER COUNTY, :~.· 1;>. {:1 FLORIDA AND AMENDING THE OFFICIAL ZONING ~?> \..'-~· ATLAS MAP(S) NUMBERED 963536 AND 060102; ~t~ozGi~~ BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM 11 PUD 11 TO "PUD 11 PLANNED UNIT DEVELOPMENT KNOWN AS TOLLGATE COMMERCIAL CENTER FOR MIXED BUSINESS AND LIGHT INDUSTRIAL USES ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF I-75 AND C.R. 951, BOUNDED ON THE SOUTH BY C.R. 84, IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 2, TOWNSHIP 50 SOUTH, RJ.NGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 100.23± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 84-6, AS AMENDED, THE FORMER TOLLGATE COMMERCIAL CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. I.It ,.. 1: ~ s ~ ~ I!: ... WHEREAS, William R. Vines of Vines & Associates, Inc., representing Ashley M. Papineau, Partner, of Tollgate Commercial center, petitioned the Board of county Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT.ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SEC'l'ION ONE: ;r ~ N ti: ""' :J: ¥ JC N The Zoning Classification of the herein described real property located in Section 35, Township 49 South, Range 26 East, and Section 2, Township 50 South, Range 26 East, Collier county, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A" which is incorporated herein ··and by re~erence made part hereof. The Official Zoning Atlas Map(s) Humbered 963536 and 060102, as described in Ordinance Number 91-102, the Collier County Land Development Coda, are hereby amended accordingly. -1- IOOIC n51 PAGt 02 "Tl -r-n·i p ' . ~~-:l:i · IP:'".,/' w; ~-· ~~<.,.· . ll~ "1 . ~/· ·"'"·''·' ~.:i::· -':'1-r• .. -SECTION TWO: Ordinance Number 84-6, as amended, known as the Tollqate Commercial center PUD, adopted on January 14, 1984 by the Board of County Commissioners of Collier County is hereby repealed in its entirety. Said Ordinance is attached hereto as Exhibit "B" • SECTION THREE: ' .. . .., . This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board Of County Commissioners of Collier county, Florida, this~ day of --~, 1992. " ., . 'i}UAlil/ · . ..,,,, ~ .. '.. fl; :• A1I"l'EST.~· •. t • :JAMES.' d ;.:7rt.ES, Clerk ·-:: • \,·,. ... '.,,,.~·~· ;> ·. , .. : : .,,~ .. r, ...... ~ ... 1,,,.1.;; ·. • -.... l ~,,.~:~.;;..,.,:1· •• ' t .. -~~1 ~"Ir·~ • ... : ,. .. ~ • ·~,.. • , .... ~1·\'t't;,' :111 , •. to~ ... ;ti'_·~ .• •• •. ,:~\ ··c.· . .,~,~~~;~:i;~i(~~~:·~o form and leqal sufficiency ~ 4f]1M..7h .l'.1tu..tg,..& ~o ie·M. st\Ideilt Assistant County Attorney PUD-83-18(3) ·ORDINANCE nb/5412 BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA ~ ... 'Y4 , CHAIRMAN -- PLANNED UNI'l' DBVELOPHEN'l' TOLLGATE COMMERCIAL C'EN'rER PREPARED BY: WILLIAM R. VINES, AICP VINES, & ASSOCIATES, INC. 715 TENTH STREET SOUTH NAPLES, FLORIDA 33940 (813) 262-4164 DATE REVIEWED BY CCPC - DATE APPROVED BY Bcc·~~2~/l~l~/~9~2-- 0RDINANCE NUMBER 92-10 AMENDMENTS AND REPEAL ------ ~ LIST OF EXHIBITS AND TABLE ii STATEMEHT OF COMPLIANCE iii SECTION I PROPERTY OWNERSHIP ' DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2-1 SECTION III COMMERCIAL AREAS PLAN FOR PARCEL "A" 3-1 SECTION IV COMMERCIAL/LIGHT INDUSTRIAL AREAS FOR 4-1 PARCEL 11 8 11 SECTION v GENERAL DEVELOPMENT COMMITMNTS s-1 EXHIBIT A TABLE I LIST or IXUIBITB ]Uf'D T~ILES PUD Master Plan Schedule of Development 6-1 2-2 -.. - STATEMENT OF COMPLIANCB The development of approximately 100.23 acres of property in collier county and within an Interchange Activity Center, as a Planned Unit Development to be known as Tollgate Commercial center, will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan and it's provisions tor Interchange Activity center development. This compliance includes: Activity center Project 1. The subject property is located in an aroa identified as an Interchange Activity Center in the Future Land Use Element (FLUE) of the Growth Management Plan for Collier County. 2. 3. Interstate Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. The subject tract is located on the intersection of CR-951 and CR-84. allows the site superior access commercial/industrial activities. northeast corner of the · This strategic location for the placement of 4. The project is in compliance with all applicable County regulations. In addition, the project complies with the Growth Management Plan with the adoption of the Plan amendment which allows for specifically approved heavy business/light industrial uses to be developed in designated interstate activity centers. s. The project will be served by a complete range of services and utilities as approved by the County. 6. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. 1. The Planned Unit Development includes open spaces and naturalized open features which serve as proje~t amenities. 8. 9. The project shall be developed in accordance with the approved Master Development Plan and the existing PUD document as approved. In addition, the project shall be developed in accordance w.ith all Collier County regulations in effect at the time of Final SOP or building permit application. Bind the owner's successor in title to any commitments made under in this document. -iii- &00~ r51 PAGE 07 -- - SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section·is to set forth the location and ownership of the property, and to describe the existinq conditions of the property proposed to be developed under the project name of Tollqate Commercial Center. 1.2 LEGAL DESCRIPTION commencinq at the southeast corner of Section ·35, Township 49 South, Ranqe 26 East, Collier county, Florida; thence along the east line of said Section 35 North ie-56 1 -55 11 West 200.14 feet to a point on the north right-of-way line of State Road 84 (Alli9ator Alley); thence alonq said north right-of-way line, North 89•-45'-0l" west 331.23 feet to a point of intersection of said north right-of-way line of State Road 93 (I-75), and the Point of Be9innin9 of the parcel herein described; thence continue alonq said riqht-of-way line of State Road 84 (Alligator Alley) on the followin9 five courses: l) North 89°-45'-0l" west 2398.66 feet; 2) South 89°-56'-16 11 West 1547.43 feet; 3) North 80°-43'-58 11 West 709.38 feet; 4) North 39°-52'-42 11 West 209.91 feet; 5) North 10°-24'-33" West 209.94 feet to a point on the East Limited Access, ri9ht-of-way line of State Road 93 (I-75); thence continua alon9 said Limited Access, right-of-way line of state 93 (I-75) on.the following nine courses: 1) North 3°-19'-52" East 285.34 feet; 2) North 23°-37'-28" East 149.83 feet; 3) North 64°-12 1 -39 11 East 149.83 feet; 4) North 86°-37 1 -01 11 East 778.54 feet; 5) South 87°-55 1 -12 11 East 318.82 feet; 6) south 78°-44 1 -38 11 East 318.32 feet; 7) South 74°-09 1 -17 11 East 1199.30 feet; 8) south 73•-00 1 -33 11 East 1904.96 feet; 9) southeasterly 233.67 feet along the arc of a circular curve concave to the northeast, havinq a radius of 116.2116 feet, subtended by a chord which bears south 75•-35•-07 11 East 233.67 feet to. the north right-of-way line of State Road 84 (Alliqator Alley); and the Point of Beginninq of the parcel herein described; 1-1 aooir 051 PAGt f3" -- - being a part of south 1/2, Section 35, Township 49 South, Range 26 East, Collier County, Florida; subject to easements and restrictions of record; containing 69.40 acres of land more or less; bearings are based on Florida Department of Transportation right-of-way map for State Road 93 (I-75). ALSO INCLUDING THE FOLLOWING Description of part of Section 35, Township 49 South, Range 26 East, and part of Section 2, Township 50 South, Range 26 East, Collier county, Florida COMMENCE at an iron pipe marking the Northeast Corner of said section 2; thence North 89• 45 1 01" West, 337.83 feet along tho North line of said Section 2 for a POINT OF BEGINNING; thence South 00° 02 1 19" East, 59.98 feet; thence South 89° 57 1 41" West, 2,300.70 feet; thence on a course traversing from said Section 35, South 89° 56' 02" West, 2,448.74 feet; thence North 45° 46' 16" West, 71.58 feet; thence North 01• 28' 34" West, 705.25 feet to the Easterly Limited Access R/W Line of S.R. 951 (Section 03175-2409); thence South 10° 24 1 33 11 East, 209.94 feet; thence South 39° 52 1 42" East, 209.91 feet; thence South so• 43 1 58" East, 709.38 feet; thence North 89° 56' 16" East, 1,547.43 feet; thence South 89° 45 1 01 11 East, 2,396.67 feet to the Southerly Existing Limited Access R/W Line of S.R. 93 (03175-2409); thence South OO• 02 1 19" East, 200.00 feet to the POINT OF BEGINNING. Less and except the East 100.00 feet thereof. containing 30.835 acres, more or less. The entire project area is 100.235 acres. Number of acres devoted to various categories of land use: Development area Water Management area Road Right-of-Way F.P.L. Easement GENERAL LOCATION OF PROJECT SITE 70.72 17.84 6.7 4.98 Tollgate Commercial center is located in the southeast quadrant of the Interstate I-75/CR-951 interchange, approximately five miles east of the Naples Airport at the eastern terminus of Davis Boulevard (SR 84). 1-2 &OOlr n51PlCt 09 --- 1.3 iROPEBTY OWHERSBIP The subject property is currently owned by and under the unified control of Tollqate Commercial Center, a Florida General Partnership. 1.4 GENERAL DESCRIPTION or PROPEBTX l;B:A A. COMPREHENSIYE Pt.AN QESIGNl\TIQN: The project site is designated Interstate Activity Center on the Collier county Growth Manaqement Plan. B. CURRENT ZONING: The project site is currently zoned PUD. c. EXISTING LAND USE: At the present time the site is unoccupied except for a 104 room motel. o. ADJACENT LAND USE: The adjacent vacant at the present time. The corners of CR 951 and SR 84 gasoline service stations. lands are predominately northwest and southwest are presently used as The properties north of the l-75 right-of-way and the properties south of CR 84 are vacant. 1.5 iJIXSICAL PESCRIPTION The elevation of the project site varies from 9.8 feet to 11.6 feet. Tollqate Commercial Center lies within Zone X as identified on the Federal Flood Insurance Rate Map. Zona X is identified as those areas between limits of the 100-year flood and soo-year flood. This means that no development will be occurrinq within the 100-year flood prone area. A. SOILS: There are · three types of soil cover on the project site. They are Arzell fine sands, Keri fine sands and Pompano fine sands. The distribution of these soil types is shown in Map ·E. ' B. YEGE1ATIYE COVEB: A breakdown of the veqetative cover of the project area is as follows: 1-3 . ~---... -... ---... -, ........ ,--,,,·--.. ·*'"'"""'-"""""'"~'""""'" __ ... _ .... ___ ..... ._.--·--~~·~ c. VEGETATION COMMUNITY Pineland saw Palmetto/Rusty Lyonia Transitional Zona/cypress Functional Wetland Cabbage Palm Heads Improved/Platted cleared/Filled Unplattad Former R/W F.P.L. R/W Total ACREAGE 1.00 4.21 29.40 9. 40 0.30 30. 67 21. 65 3.60 100.24 There are no unique features ot the vegetation. All species and associations are "typical" tor soil types common to pine f latwoods of level sandy areas ot Collier county. WILPLlFE: Wildlife, observed or noted from tracks, nests, etc. consisted of the representative species, such as raccoon, snakes and wading birds, which normally occur in an habitat such as the Tollqate Commercial Center site. No endanqered or threatened species were observed on the site. D. HISTORICAL OR ARCHAEOLQGICAL SITES: John Beriault, Field Representative of the s.w. Florida Archaeological Society, searched tor such sites and believes none exist on the tract. E. WASTEWATER MANAGEMENT: Waste water treatment is being provided by the Collier County Sewage Treatment System. Temporary on-site wastewater treatment facilities for which all necessary permits have been qranted may be installed during any period of time in which sewage treatment service is not available from Collier County. F. WATER MANAGEMENT: The Water Management Plan provides for site runoff transport to a system of hardwood forest, marsh, and open water ponds. The Water Management Plan is designed to meet SFHMD and County criteria. Minimum road elevations and discharqe control will be designed for the 25-year 3-day rainfall event. The finished floor elevations will be established by the 100 year-zero discharge design event. 1-4 ·. -- G. WATER SUPPLY: Potable water is being supplied by the Collier county Water-sewer District. Non-potable water utilized for landscape irrigation and other non-human consW11ptive uses will be procured from on-site wells, or from the County treated sewage effluent distribution system. H. SOLIO WASTE: Solid waste is being disposed of at the Collier County Sanitary Landfill. Collection is provided by Waste Management of Collier County, a franchised hauler. I. ELECTRICITY: Electricity is being provided by the Florida Power & Light Company, Inc. J. POLICE PROTECTION: Police protection is provided by the Collier County Sheriff Department. K. FIRE PROTECTION: Fire protection is provided by the Golden Gata Fire Control and Rescue District. L. TELEPHONE: Telephone service is provided by United Telephone of Florida. --- SECTION II PROJECT DEVELOPMEN'l' REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable county ordinances; the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERP,L A. Regulations, requirements and references for development of Tollgate Commercial Center shall be in accordance with the contents of this document. Where these regulations fail to provide development standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier county Land Development Code. c. All conditions imposed and all graphic material presented depicting restrictions !or the development of Tollgate Commercial Center shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived provisions within this PUD, not otherwise provided !or force and effect. through variance or waiver those applicable regulations in this PUD remain in full E. Each tract, as identified on the Master Plan, shall require the submittal, review and subsequent approval of a site Development Plan prior to the issuance of a Final Local Development Order. 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LANQ USF,§_ A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Development Plan. 2-1 BOOK 05f PACE 13 .. -.. - SCHEDOLI or DIVILOEMINT Project development is underway and will continue to build- out. The !ollowinq schedule indicates the anticipated start and completion dates for the various project develop-ment Phases. Phase boundaries are indicated on the Master Development Plan. !l'ABLB I t OP' EHMt A~BtA!:it Sl:t~ S:tAB:t ~QMEI.~t I 54.51 54,4 1988 1993 II 26.44 26.4 1992 1995 III 12.~2 ...ll..ai 1993 1996 TOTALS 100.24 100.0 A. Table I is a schedule of Development, with the approximate acreage of the total project indicated, The arrangement of these land areas are shown on the PUD Master Development Plan (Exhibit "A"). The· Master Development Plan is an illustrative preliminary development plan. Desiqn criteria and layout is illustrative on the Master Development Plan and other exhibits supporting this project. It shall be understood that these exhibits are to remain flexible so the final design may satisfy development objectives and be consistent with the project development, as set forth in this document. Minor changes to the master plan shall be subject to the provisions of Section 2.7.3.5, Division 2.1, Article 2 of the Collier County Land Development Code. The final size o! the open space lands will depend on the actual requirements for drive patterns, parkinq layout and requirements, and development parcel size and configuration. --mt. B. In addition to the various areas and specific items shown in Exhibit "A", such utility and other easements as are necessary shall be established within or along the various tracts. 2.4. RELATED PROJECT PLNJ APPROY!L REQQIREHENTS A. Prior to the recording of a Record Plat, tor all or part of the PUD, final plans o! all required improvements shall receive approval of the appropriate Collier county governmental agency to insure compliance with the PUD Master Plan, and the Collier County Land Development Code. B. Exhibit "A", PUC Master Development Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary subdivision Plat, if applicable, shall be submitted tor any area to be subdivided. Any division of property and the development of the land shall be in compliance with the Collier County Land Development Coda and the platting laws of the State of Florida. c. The development of any tract or parcel contemplating fee simple ownership of land shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2, Article 3, of the Collier county Land Development Code, prior to the submittal of construction· plans and plat tor any portion of the tract or parcel. D. Appropriate instruments will be provided at the time of infrastructural · improvements regarding any dedications and method tor providing perpetual maintenance of common facilities. E. The developer or subsequent owner of any platted parcel or platted tract shall, prior to application for a building permit, submit a Site Development Plan (SOP) or Preliminary Subdivision Plat for that tract or parcel to the Development services Department tor approval for applicable development subject to the provisions of Division 3.3, Article 3 of the Collier County Land Development Code. 2-3 --.. 2.5 AHENPMEHTS TO PUP pocwm OB PPP MJ\STEB PL~?f Alllendments may be mada to tha PUD as provided in Section 2.7.J.5.1, Division 2.7, Article 2 of the Collier County Land Development Code. 2.6 LIMITATIONS or PLaNHEP tzNif P2VELOPMENT APPROVJ\L As provided !or within Section 2.7.J.4, Division 2.7, Article 2 of the Collier County Land Development Code. l~·;. 1~\ 2 • 7 POLLING PLMH ~;{· As provided !or in Section 3. 2. 8. 3 .14, Division 3. 2 1 Article ~~· · 3 o! the Collier County Land Development Code. l\>i' •. ttc 2 • 8 PUP MONITORING ll·,~:i. ... i.::,: .. ·. An ainnua 21 m7o3nit6oriDngi riep1 ort 2 sh 7 allArbteisu 1 bmit 2 te!dt phursuan 11 tito ~· Sect on ••• , v s on • , c e o e Co er ~"{' county Land Development Code. "'°1•r., .i;~·., · ~00( f51 PAG~ 15 . - 2-4 -- SECTION III COMMER.CUL >.REAS PLAN 3.1 PURPOSE The purpose of this Commercial Uses and applied to the areas Parcels. Section is to identify the type of development standards that will be so desiqnated on Exhibit "A", as "A" 3.2 DeyELOPMEliT INTENT FOB PMCIL "A" It is the intent of this document that "A" desiqnated development parcels be used tor commercial purposes which serve the motorinq public usinq Interstate I-75 as well as providinq limited commercial qoods and services of an areawide nature for the Naples, Marco Island, Golden Gate and the Immokalee urban areas. Further it is the intent of this document that "A" designated development parcels shall be used in accordance with all current Federal, state and County requlations in effect at the time final local development orders are issued except as specified otherwise in this document by the Collier· county Board of County Commissioners. 3.3 QSES PEBMITTED No buildinq or structure or part thereof, shall be erected, altered or used, or land used, in whole or · part, tor other than the following: A. Principal Uses No building or structure, or part thereof, shall be erected, altered or used or land or water used, in whole or in part for other than the followinq: (a) (b) Automobile service stations including engine tune- ups and minor repairs, and car wash facilities which are accessory uses. Banks and financial institutions, business and professional offices. (c) Cocktail lounges and commercial entertainment. (d) Convention and exhibition halls. 3-1 HOK ns1 PAC£ 17 3.4 (e) Department stores; druq stores; dry cleaning shops and dry qoods a.tores. (f) Electronic qames and furniture sales. (q) Ice cream shops and dairy drive-in stores. (h) (i) (j) (k) (l) (m) (n) Motels; hotels. and facilities. other transient lodqinq Research and desiqn labs; restaurants and fast food restaurants. Shopping centers. Souvenir stores and stationery stores. Supermarkets. Variety U-haul outside outside stores; vehicle rental-automobile and type of vehicles and equipment including display; veterinary offices and clinics; no kenneling. Any other commercial or professional service which is comparable in nature with the foreqoing uses and which the Planning Impementation Director determines to be compatible in the district. B. Permitted Accessory Uses and Stl:'Uctures (a) Any accessory uses associated with the structures. (b) Caretakers residence. or structures customarily permitted principal uses and c. Permitted Provisional Uses and Structures (a) Car wash facilities wh~ch are principal uses. (b) Permitted uses with less than one thousand (l,OOO) square feet qross tloor area in the principal structure. J2!X,11lopment Stan4ard1 (1) Minimum Lot Area: Ten thousand (10,000) square feet. (2) Minimum Lot Width: one hundred (100) at the front building setback line. 3-2 aoa~ '151 ~AGt 18 feet as measured (3) Minimum Yard Requirements: (a) Front Yard -Twenty-five (25) feet plus one (1) foot for each two (2) feet of buildinq height over fifty (50) feet. (b) Side yard -None or a minimum of fiva (5) feet with unobstructed passaqa from front to rear yard for non-residential uses. Fifteen (15) feet !or motels, hotels and transient lodqinq facilities plus one (1) foot for each two (2) feet of building height over fifty (50) feet. (c) Rear Yard -Twenty-five (25) feet. (d) Waterfront -Twenty-five (25) feet from the normal water line of any artificially created body of water, excluding observation decks, bridqes and walkways. (4) Maximum Height: One hundred (100) feet. (5) (6) (7) Minimum Floor Area of Principal Structure: One thousand (1,000) square feet per buildinq on the qround floor, except that gasoline service stations and other permitted areas for which the principal activity does not occur in a structure shall not require a minimum floor area. Maximum Density: Twenty-six (26) units per gross acre of land for hotels, motels or transient lodginq facilities. Distance Between Principal Structures on same site: one-half the sum of the heights. (8) Signs: As required by Division 2.5 of the Land (9) Development Code. Minimum Off-Street Parking and Of !-Street Requirements: As required by Division 2.3 Collier County Land Development Code. Loading of the (10) Minimum Landscaping Requirements: As required by the Collier County Land Development Code. (11) outside Merchandise storage and Displaying: Unless 'specifically authorized by this PUD document or by an approved Site Development Plan, outside storage or display of merchandise is prohibited. 3-3 aDDIC 051 PAG£ 19 -- - SECTION IV COMMERCIAL/L~GBT INDUSTRIAL USES 4.1 POBPOSE The purpose of this Section is to identify the type of commercial/Industrial Uses and development standards that will be applied to the areas desiqnated on Exhibit "A" as "B" Parcels. 4.2 PEVELOPMEHT IHTEHT FOR PARCEL 11 B11 It is the intent of this document that "B" designated development parcels by used for both "A" designated uses and for the sale, service, transportation, storaqe and distribution of qoods and service to the traveling public on I-75 and to the citizens of the area which can be served via the access road systems. A major function of these point for the arrival of region and country and then the local trade market. parcels is to serve as a focal goods from other points of the be processed for distribution to It is intended that inside storage and warehousing along with limited assembly and manufacturinq wholly within a building and not obnoxious by reason of emission of odor, fumes, dust, smoke, noise or vibration be permitted. Further, it ls the intent of this document that "B" designated Parcels be used in accordance with all of the current Federal, State and county regulations in effect at the time final local development orders are issued except as specified otherwise in this document or as may be approved otherwise by the collier County Board of Commissioners. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part of other than the followinq: A. Principal Uses: (a) Any principal use or structure permitted on "A" designated development parcels. (b) Assembly operations in·an enclosed building. " ' &OQK r.51 PAGt 20 - (c) I I i -- auildinq supplies and contractors storaqe facilities; bulk storaqe yards not including junk or salvaqe yards. (d) car wash, communications service and equipment repair. (e) (f) (g) Freight movers and storage. Laboratories, research, desiqn and testinq; laundries; lawn maintenance shops and plant nurseries; liqht manufacturing or processing (include food processing but not abatoir; packaging or fabricatinq in a completely enclosed building). Miscellaneous uses such as express office; telephone exchange; motor or bus or truck or other transportation terminal and related uses; motorcycle sales, service and repair; museums and tourist attractions. (h) New and used car sales, including outside display. service and repair (i) (j) (k) Offices, general purpose. Warehousing, wholesaling, storage and distributing establishments and similar uses. Any other commercial or professional use which is comparable in nature with the foregoinq uses and which the Planninq Implementation Director determines to be compatible in the district. B. Permitted Accessorv Uses and Structures: (1) Any accessory use or structure customarily associated with the permitted uses and structures. c. Permitted Provisional Uses and Structures: (1) Attached residence in conjunction with a business - one (1) per business. (2) Permitted use with less than 1,000 square feet gross floor areas in the principal building. 4-2 ·---------·-·-··---------- --- 4.4 PEYELOPMEHT STANP~PS (1) (2) (3) Minimum Lot Area: Ten thousand (10,000) square feet. Minimum Lot Width: One hundred (100) feet as measured at the front building setback line. Minimum Yard Requirements: (a) (b) (c) (d) Front Yard -Twenty-five (25) feet. Side Yard -Non, or a minimum of five (5) feet with unobstructed passage from front to rear yard for non-residential uses. Fifteen (15) feet for hotels, motels and transient lodging facilities plus one (1) foot for each two (2) feet of building height over fifty (50) feet. Attached residences shall be treated as non-residential. Rear Yard -Twenty-five (25) feet. Waterfront -Twenty-five (25) feet from the normal level of any artificially created body of water, excluding observation decks, bridges and walkways. (4) Maximum Height: One hundred (100) feet. (5) (6) Minimum Floor Area of Principal structure: one thousand (1,000) square feet per building on qround floor, except that gasoline service stations and other permitted uses for which the principal activity does not occur in a structure shall not require a minimum floor area. Maximum Density: Twenty-six (26) units per gross acre of land for hotel, motel and transient lodging facilities. (7) Distance Between Structures: one-half the sum of the heights. (8) Signs: As required by Division 2.5 ot the Collier County Land Development Code. (9) Minimum Off-Street Parking and Off-Street Loading Requirements: As required by Division 2.3 of the Collier County Land Development Code. 4-3 --------------------... -· --- (10) Minimum Landscaping Requirements: As required by the collier county Land Development Code. (11) Merchandise authorized Development generally, prohibited. Storage and Display: Unless specifically by this PUD document or an approved Site Plan, or of a nature which is permitted outside storage or diplay of merchandise is --- SEC'rIOH V GENERAL DEVELOPMENT COMMITMENTS 5.1 PQRPOSI The purpose of this Section is to ••t forth the standards for the development of the project. 5.2 PUP Ml.STER PLAN 5.3 A. The PUP Master Plan is an illustrative preliminary development plan. B. The design criteria and layout illustrated in the Master Development Plan shall be interpreted as preliminary and understood to be flexible so that the final design may best satisfy the project and comply with all applicable requirements. Minor desiqn changes shall be permitted subject to staff approval. c. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. D. overall site design shall be harmonious in terms of landscaping, enclosure of structure, locations of all improved facilities, and location and treatment of buffer areas. INC!INHRIHG A. The developer and all subsequent petitioners are hereby placed on notice that they shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. This includes, but is not limited to, Preliminary Subdivision Plats, Site Development Plans and any other application that will result in the issuance of a final or final local development order. B. The project shall be platted in accordance with the ~ollier County Subdivision Code to define the right-of-way, tracts, and water . management areas as shown on the master plan. 5-1 aOOIC ns1 PACE 24 - - .. c. Landscaping shall not be placed within the water management areas unless specifically approved by project Review Services. o. Provide a 20 ft. landscape buffer alonq the entire western and southern property line. This buffer will be in a separate plat.tad tract (not within a right-of-way) for all buffer required between on-site right-of-way and off-site County right-of-way. Buffers may be included within the platted lots that directly b3ckup to an off-site County right-of-way, provided the buffer is not located within any utility or drainage easement. When the buffer exists on a platted lot, it shall not be included in the rear-yard setback measurement for such lot(s). All landscape buffers required by Division 3.2 of the Land Development Code must be designed, bonded, permitted and constructed as part of the subdivision improvements for the project. E. Should the South Florida Water Manaqement District, during it's permit review process, require a natural vegetative buffer be created between the lots and any jurisdictional wetland Preserve and/or Conservation tract, the buffer shall not be located within the boundaries of the lot(s) unless otherwise waived by the South Florida Water Management District. It shall be created as a separate platted tract or as a ·buffer easement over an expanded limit of the Preserve tracts, which would be dedicated as Preserve/Drainage tracts, to include the buffer within the Preserve tract. If the buffer is located within a separate tract, that tract shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and if necessary, to Collier County with no responsibility for maintenance. All Preserve buffer easements or buff er tracts shall be created in conformance with the provisions of Chapter 704.06, Florida Statutes. F. Land Development Code, Section 3.2.8.4.16.6 -Dead end streets maximum length not to exceed 1,000 feet: Waived to a maximum length of 1,050 feet. G. Land Development Regulations, Section 3.2.8.4.16 -All local streets within commercial subdivision shall be designed accordinq to the typical section for collector streets contained in the County Standards. Waived subject to right-of-way and other dimension requirements for the roads to meet local street standards and the pavements structure to meet collector standards. 5-2 a~ar. f?51PAGE 25 --- H. Land Development code, Section 3.2.8.4.7 -Easements: Utility easements will be provided as needed with Collier county utility easements (C.U.E.) at a minimum of fifteen (15) feet. I. Land Not and Development Code, Section, 3.2.8.3.17 -Sidewalks: waived since cxistinq phase already has sidewalks it will maintain the continuity for pedestrians access purposes. S.4 VTILI'l'IES A. Water distribution, sewaqe collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County ordinance No. 88-76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the county in accordance with the County's established rates. c. The on-site water distribution system to serve the project must be connected to the existing water main on Tollhouse Drive and/or CR-84 rights-of-way consistent with the main sizing requirements specified in the county's water Master Plan and extended throughout the project. During design of these facilities, dead end mains shall be eliminated by looping the internal pipeline network. o. The utility construction sewerage system shall be flowing .. to the county's ,. documents !or the project's prepared so that all sewage master pump station is aooic 051 mr 26 5-3 - transmitted by one (1) main on-site pump station. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the county staff prior . to commencing preparation of construction drawings, so that all aspects of the sAweraqe system design can be coordinated with the county's sewer master· plan. E. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required,. if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. F. The existing off-site sewage transmission facilities of the district must be evaluated for hydraulic capacity to serve this project improved as required outside the projects boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing.transmission facilities. s.s J!ATEB MAHaGEHEHT aNP EHGINEEBDfG A. Detailed paving, grading, site . drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with' the submitted plans is granted by Project Review Services. B. Work within Collier county right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 82-91. c. o. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier county Land Development Code. The standards related to depths may be modified in accordance with DER and ACOE permits. Each building site will be required to provide a minimum 1/2 inch of dry pre-treatment on site, unless otherwise waived by South Florida Water Management District. 5-4 aoor P.5'1 PAGE 27 ,.~-~,.._.,,. __ .. __ .. ,, ... ..,__,..., .. ..., __ .. _ --· - S.C ENYIBOHMENTAL A. All jurisdictional wetlands and mitigation areas on-site shall be designated as conservation/preserve tracts or easements on all construction plans and shall be recorded on the plat with protective covenants similar to or as per Chapter 704.06 ot the Florida Statutes. n. In the case ot mitigation oft-site nny purchase must be within the Conservation and Recreational Lands (CARL) or the Corkscrew Regional Ecological Watershed Lands (CREW) or other areas approved tor mitigation by the Florida Department ot Environmental Regulation. The ultimate transfer of deed(s) ot land(s) to Florida Department ot Natural Resources, Division ot State Lands must occur prior to tinal construction plan/plat approvals. c. Control structures on-site shall be constructed in accordance with State and Federal permits. s.7 WATEB MAHAGEMENT A. Detailed paving, grading, and site drainage plans shall be submitted to Project Review Services tor review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project .Review Services. B. Design and construction ot all improvements shall be subject to compliance with the appropriate provisions ot the Collier County Subdivision Regulations. c. An Excavation Permit will be required for the proposed i·ake (s) in accordance with Division 3. 5 ot the Collier County Land Development Code. The standards related to depths may be moditied in accordance with DER and ACOE permits. o. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. E. Each building site will be required to provide a minimum 1/2 inch of dry pre-treatment on site, unless otherwise waived by South Florida Water Management District. 5-5 aoDIC f15l l'AG£ 28 --- 5.8 tRANSPOBTATION A. The final location of major access points alonq Davis Boulevard shall be·determined durinq the SMP process. Such major access points shall provide primary access and internal road circulation and shall typically include turn lane improvements based on projected traffic conditions. Secondary access points between Davis Boulevard and individual parcels shall be prohibited unless approved consistent with Ordinance 82-91 as may be amended and with the followinq access control criteria: l. safety 2. proper geometric design 3. effects on the capacity of Davis Boulevard 4. traffic volumes usinq the proposed access point s. other roadways providinq access to the site 6. the combined effect of access to. any and all tracts both within this PUD and adjacent PUD's 7. spacing of access points Collier County reserves the riqht to close any approved secondary access to and from Davis Boulevard should it at any time be found to create a traffic hazard or to adversely affect the capacity or level of service of that roadway. B. The road impact fee shall be as set forth in Ordinance 85-55, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of county Commissioners. c. Access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. · D. All traffic control devices used shall conform with the Manual on Uniform Traffic control Devices as required by Chapter 316.0747 Florida Statutes. TOLLGATE PUD DOCu_MENT/md 05lPAGE 29 5-6 --co ... -· ~ t1J PHASE I ~ >< 54.51 :I: A(ll[$ H ;: °' ;;::. H .,.. Cl >-a -6 'Tl' ~ -., ~ > ~ -..,. -0 n : .,.. .. "fl' ~ .,,. --.. .. .,.. --.. -. -" • -.. "A" I "II" l'MCO.S I l'All((U -.. -• R/WUC -.. -• N i:ri~·f.·.~~· o· 0 M '4;;:: < l"'1 111il:: r ::I t'1 o-J 0 3:: I c: ::ti 0 Ill 0 t"' -0> >s 3:: (,/) l M -ia t"' > ZM -o ~ -iA:I :gt'J t'1 -z .,, t;J £:: ~ z I I : . ··. • ... :··•f•• ... , ... 1'r.iiiim .... ·.·'.\'.,'. -... ,: ., .. ~ .. . .'·':'' '; , .. ~DD/PLAN. _, . ...:.: •I r• 1 .... f.: • .. : . ORDINANCE 84· __!_ · ' AN ORnINANCE AMENDING ORDINANCE 82·2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNn:colt- POMTED AREA OF COLLIER COUNTY• nORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 49-26-7 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL' PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT TOR 69.4 ACRES TO COMMERCIAL, INDUSTRIAL AND RESIDENTIAL TOURIST USES IN THE SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 49 s., RANGE 26 E; .AND PROVIDING AN EFFECTIVE DATE: WHEREAS, Neno J. Spagna, petitioned the Board of County Commissioners to change the Zoning Classification of the herein described.~~al property; NOW, THEREFORE BE IT ORDAINED by the Board of County Comz:!.issioners of Collier County, Florida: SECTION ONE: The Zoning Clasaificat~on of the berdn described real property .. located in Section 35, Township 49 S, Range 26 E, Collier County, Florida is .changed from A-2 to "PUD" Planned Unit Development in accordance vith the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number, Number 49-26-7, as described in Ordinance 82-2, is hereby amended accordingly. (see attached) IDD~ fl5'~~ACE 31 ,,., <-...,.. !:: TI '""'"' IJ '·I ..... .; (,,.!· ,__ ~ I 7.-·-· j-11 .. , '·":"I ~., :.!! CJ -· :· C",; ..... ,., ...:::.. EXHIBIT ·"B" ···-·-····------.... iii .. ". ····"'''' SECTION TWO: .: ... This Ordinance shall become effective upon receipt of notice that is has been filed vith the Secretary of State. DATE: January 17, 1984 ATTEST: ·WILLIAM J R-83-lBC PUD Ordinance .. STATE OF FLORIDA ) COUNTY OF COLLIER ) BOARD OF COUNTY CO~IMISS!ONtRS COLLIER COL'Nlt, FLORIDA BY:J/J;;;J-t/e.&_,.-;"<f-=y--- l]f.\VID C.· BROWN; CHAIRMAN I, WILLIAM J, REAGAN, Clerk of Courts .in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct original of: · ORDINANCE NO. 84-6 which was adopted by the Board of County Commissioners durin~ Regular Session the 17th day of January, 1984, WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, .this·yl7.th day of January, 1984. • ._..:. •"' r.,,;,., . .; ..... ·, -· .... •·,~ WILLIAM J. REAG~-"· # • • • \~:. • Clerk of Cour.ts and Clerk · :-~ • . Ex officio to'iBoard of ;.; County Commiss.ioners i;· _./ ·-:\• ... · .· ~~ ..... . By ~1~i~·M;~~Cierk .,This ordinance filed with the Secretary of State's Office the 23rd day of ,, ·January, 1984 and acknowledgement of ~a~ling received thi~ 26th day of !·January, 1984. ~.. • ~~ _[v . By: vrrifta~Ma~ri I =beputpcie~k PLANNED UNIT DEVELOPMENT FOR TOLL GATE COMMERCIAL CENTER COLLIER COUNTY, FLORIDA PRE.PARED BY: DR. NENO J. SPAGNA, PRESIDENT FLORIDA INSTITUTE OF URBAN AFFAIRS, INC • . BOX 1354 NAPLES, FLORIDA 33939 (Si3J 263-.0399 JULY, l9SJ REVISED: DECEMBER 15, 1983 ··---... -......... ___ _ --- .•. . r;;;; - ·:-. ~¥'i,· .,.; TABLE OF CONTENTS {.:LIST OF MAPS ''REZONE PETITION '·· LEGAL DESCRIPTION TABLE OF CONTENTS -•GENERAL LOCATION OF PROJECT SITE ·--··STATEMENT OF COMPLIANCE ;(, PROJECT INFORMATION ,;,;,;(coMPREHENSIVE PLAN DESIGNATION ffcuRRENT ZONING .;;, •• EXISTING LAND USE ·;;ADJACENT LAND USE ~ ~ . "' ::·LAND ELEVATION .:.SOILS '~VEGETATIVE COVER ' .;WILDLIFE ···~ ~ISTORICAL OR ARCHAEOLOGICAL SITES :WASTEWATER MANAGEMENT :.SOLID WASTE z~-~ECTRICITY .. /:~~:~~~:E 0°F DEVELOPMENT J .• . ~ USE REGULATIONS FOR PARCEL A-1 AND PARCEL B-2 and B-3 '. MASTER PLAN APPROVAL :irf APPROVAL STIPULATIONS :~: PAGE i ii iii -1- -1- -2- -2- -2- -2- -3- -3- -3- -3- -3- -4- -4- -4- -4- -s- -s- -s- -s- -s- -s- -6- 7 thru 12 -13- 13 thru 16 LIST OF HAPS MAP REFERENCE ' TITLE PAGE MAP A LOCATION HAP -17- MAP B AERIAL PHOTOGRAPH -10- MAP c TOPOGRAPHIC MAP -1.9- MAP D EXISTING LAND USE -20- MAP E SOILS HAP -21- MAP F VEGETATION MAP -22- MAP G WATER MANAGEMENT MAP :-2.3- MAP H MASTER DEVELOPMENT PLAN -24- .. c. LEGAL DESCRIPTION Commencing at the southeast corner of Section 35, Township 49 South, Range 26 East, Collier County, Florida: thence along the east line of said Section 35, North 1"-56'-55" West 200.lA feet to a point on the north right-of-way line of Stat~ Road 84 (Alligator Alley): thence along said north right-of-way line, North 89"-45 '-01" West 33·1.23 feet to a P.oint of intersec':.ion of said north right-of-way line and the south Limited Access, right-of-way line of State Road 93 (I-75), and the POINT OF BEGINNING of the parcel herein described: thence continue along said right-of-way line of State Road 84 (Alligator Alley) on the following five courses: 1) North 89"-45'-01" West 2398.66 feet: 2) South 89"-56'-16" West 1547.43 feet: 3) North 80"-43'-58" West 709.38 feet: 4) North 39"-52'-42" West 209.91 feet: 5) North 10"-24'-33" West 209.94 feet to a point on the East Limited Access, right-of-way line of State Road 93 (I-75): . thence continue along said Limited Access, right-of-way line of State Road 93 (I-75) on the following nine courses: 1) North 3"-19'-52' East 285.34 feet: 2) North 23"-37'-28" East 149.83 feet: 3) North 64"-12'-39" East 149.83 feet: 4) North 86°-37 1 -01• East 778.54 feet: 5) south 87"-55 1 -12• East 318.32 feet: 6) South 78"-44'-38' East 318.32 feet: 7) South 74"-09'-17" East 1199.30 feet: 8) South 73"-00'-33" East 1904.96 feet: 9) Southeasterly. 233.67 feet along the arc of a circular curve concave to the northeast,·having a radius of 11621.16 feet, subtended by a chord which bears South 73"-35'-07" East 233.67 feet to the north right-of-way line of State Road 84 (Alligator Alley), and the Point of Beginning of the parcel herein described: being a part of south 1/2, Section 35, Township 49 South, Range 26 East, Collier County, Florida; subject to easements and restrictions of record: containing 69.40 Acres of land more or less: bearings are based on Florida Department of Transportation right-of-way map for State Road 93 (I-75). GENERAL LOCATION OF PROJECT SITE Toll Gate Commercial Center is located in the southeast quadran~ of Interstate I-75 and CR 951 approximately five miles east of the Naples. Airport at the eastern terminus of Davis Boulevard (SR 84), see Map A. . · -1- aoo~ n51 P~CE 36 •, STATEMENT OF COMPLIANCE The petitioner states that if he proceeds with the proposed development, he will: (a) Do so in accord with: 1. · The Master Plan of Oev1!lopment officially adopted for the district.· 2. Re~ulations existinef when the amendment rezoning the land to PUO is adopted1 and, 3. Such other conditions or modifications attached to the rezoning of the land classification. as may be to the PUD 4. The ~foals ·and policies of Collier County's Compre- hensive Plan., (bl Provide agreements, contracts, deed restrictions, or sureties acceptable to the County for completion of the undeC"taking. in accord with the adopted Master Plan ·as well as for the continuing· operation and maintenance of such areas, functio"ns and facilities that are not to be provid.?d, .:·operated. or ma.i"ntained at general public ex- pense, ·and/ .... :.:. ··. ~ • · . . . . . . '· . ; -. -· . ~· . . . . . . ~ (c) Bin·d his' ~·fiuc~~s~brs .. in. title .. to any commitments made under (~) and. Cb) preceeding. . . Number of acres devoted to~var;o~s categories of land use: Developm~~f ~r;~· • Water Management area Road Right-of-Way F.P.L. Easement Flow Way . Sewage Treatment ~lant .. : . . 38.9 14.6 4.3 3.6 s.o 3.0 COMPREHENSIVE 0 PLAN DESIGNATION The project site is designat.~d commer.~i~l on the Collier County Comprehensive Plan. CURRENT ZONING The project site is currently zoned.A-2, Rural Agriculture. -2- aOOlf f51 PAGt 37 ,_,,_,, __________ , . ......-~ ...... , ..... ,~,.·---··•••>'•-'•"' EXISTING LAND USE At the present time the site is unoccupied, see Map B and Map D. ADJACENT LAND USE The adjacent lands are predominat~ly vacant at the present time. The property locatec.l at the northwest corner of CR 951 and SR 84 is presently used as a Sunoco Service Station Site. The property located on the southwest corner of CR 951 and SR 84 is used as a Standard Service Station site. The property on the north consists of the I-75 right-of-way. The property on the south is vacant. LAND ELEVATION The elevation of the project site varies from 9.8 feet to 11.6 feet. For elevation distribution see Map c. Toll Gate Commercial Center lies within Zone B as identified on the Federal Flood ·In- surance Rate Map (effective September 14, 1979). Zone B is identi- fied as those areas between limits of the 100-year flood and 500-year flood. This means that no development will be occuring within the 100-year flood prone area. SOILS - There are three types of soil cover on the project site. They are Arzell fine sands, Keri fine sands and Pompano fine sands. · The distribution of these soil types is shown on Map E. VEGETATIVE COVER A breakdown of the vegetative cover of the project area is as follows, see Map F for detailed distribution: KEY Al A2 B c D E F CP .. VEGETATION COMMUNITY Pineland Transitional Zone Pine & Cypress Saw Palmetto/Rusty Lyonia Transitional Zone/Cypress Saw Palmetto/Rusty Lyonia Functional Wetland Transitional Zone/Cypress Cabbage Palm Heads -3.-: 10011' n51 PAGt 38' ACREAGE 9.1 6.5 5.7 29.4 3.7 9.4 1. 2 0.5 ···. M FPL ,-· - Melaleuca Cle~red and Filled Land Total 1.4 2.5 69.4 .. There are no unique features of the vegetation. All species and as·sociations are "typical" for soil types common to pine flatwoods of level· sandy areas of Collier ~ounty. WILDLIFE Wildlife, observed or noted from tracks, nests, etc. consisted of the ·representative species, such as raccoon, snakes and wading birds, which normally occur in a habitat such as the Toll Gate Commercial Center site. No endangered or threatened species were observed on the site. HISTORICAL OR ARCHAEOLOGICAL SITES John Beriaul t, Field Representative of the s. w. Florida Archaeo- logical Society, searched for such sites and believes none exist on the tract. WASTEWATER MANAGEMENT On-site treatment of wastewater flows will be provided by an extended aeration plant designed and constructed to State of Florida, Depar.tment of Enyironmental Regulation criteria. The plant will be designed to handle peak flows for both phases.· Pro- visions will be made in the design to handle the high BOD levels expected. Grease traps will be installed where necessary. WATER MANAGEMENT The ·water Management ·Plan, see Map G, consists of two drainage sub- basins divided by the Florida Power and Light easement. The pro- posed drainage system will be designed to SFWMD and County cirteria. Minimum road elevations and discharge control will be designed for the 25-year 3 day rainfall event. The finished floor ~levations will be established by the 100 year-zero discharge de- ·sign event. ·····~·--·---·---·-------------- WATER SUPPLY Potable water will be supplied by the Collier County Water-Sewer District. Non-potable water will be supplied for landscape irrigation and other non human consumptive uses by an on-site well system, SOLID WASTE Solid waste will be disposed of at the Collier County Sanitary Landfill. Collection will be provided by commercially operated trucks: anticipated pickup will be two times ·per week. ELECTRICITY Electricity will be provided by the Florida Power ' Liqht Company, Inc. POLICE PROTECTION Police. protection will be provided by the Collier County Sheriff Department. FIRE PROTECTION Fire protection will be provided by the Golden Gate Fire Control and Rescue District. TELEPHONE Telephone service will be provided by United Telephone of Florida • . . ---·------~-.... , _____________ .. __ ·"··--·---------------· .......... SCHEDULE OF DEVELOPMENT Project development will comm~nce as soon as all required permits have been obtained and will continue to build-out. The following scheoule indicates the'anticipated start and completion dates for the various components of the project, please refer to Map H. COMPONENT Parcel A-1, A-2 Lake 11, incl. Natural Retention Area Road Construction F.P.L. Easement ACREAGE 3.o 4.3 3.6 Parcels B-1, B-2, B-3 22.5 Lake 12, incl. Natural Retention Area -.:.11.6 Wastewater Treatment Site 3.0 Natural Flow Way S.O . Totals ~9.4 BOQIC r.51 PAGE 41 -6- \ OF SITE 23.7 4.3 6.2 5.2 32.4 -16. 7 4.3 7.2 100 START 1985 1984 1984 1986 1984 1984 1984 COMPLETE 1987 1986 1986 1990 1986 1987 1987 ·-----·-·•-·'" "' .. -.. ------------.... ...... -·-·- USE REGULATIONS FOR PARCELS A-1 AND A-2 1) Intended use of Parcels A-1, A-2. It is the intent of this document that Parcels A-1 and A-2 be used for commercial purposes which serve the motoring public u~ing Interstate I-75 as wP.11 as providing limited commercial goods and services of an areawide nature for the Naples, Marco Island, Golden Gate and the Immokalee urban areas. Further it is the intent of this document that Parcels A-1 and A-2 shall be used in accordance with all current federal, state and county regulations except as specified otherwise in this document by the Collier County Board of County Commissioners. 2) Permitted Principal Uses and Structures No building or structure, or part thereof, shall be erected, altered or used or land or water used, in whole or in part for other than the following: (1) Automobile service station including engine tune-ups and minor repairs. (2) Banks and financial institutions, business and professional offices. (3) Cocktail lounges and commercial entertainment. (4) Convention and exhibition halls. (5) Department stores; drug stores; dry cleaning shops and dry goods stores. (G) Electronic games and furniture sales. (7) Ice cream shops and dairy drive-in stores. (8) Motels; hotels and other transient lodging facilities. (9) Research and design labs; restaurants and fast food restaurants. (10) Shopping centers (see Section 10.S of Ordinance 82-2). -7- BOOK 051 PAGE 42 .. (11) Souvenir stores and stationery stores. (12) Supermarkets .· (13) Variety stores; vehicle rental-automobile and U-haul type of vehicles and equipment including outside display; veterinary offices and clinics; no outside kennelling. ( 1 4) An{ other comparable Planning compatible commercial or professional service which is in nature with the foregoing uses and which the Implementation Director determines to be in the district. 3) Permitted Accessory Uses and Structures ( l l Any accessory uses or 'structures customarily associated with the permitted principal uses and structures. (2) Caretaker's . residence -as permitted by the applicable Collier County Zoning Ordinance in effect at the time a p~rmit i~ requested. 4) Permitted Provisional Uses and Structures (, ) (2) ( 3) Car ·Wash··' : ~· . I ·.. -·~·. •: . Attached residence in conjunction with a business use - bne ~1) per ~usiness • • ,· I Permitted uses with less than 1,000 square feet gross· floor ~rea in the principal structure. 5) Development Standards (1) ~inimu~ L~~ Area:·Ten thousand (10,000) square feet. (2) Minimum Lot Width: One hundred (100) feet as measured at the front building setbad: line. (3) Minimum Yard Requirements: a. Front Yard -Twenty-five (25) feet plus one .(1) foot for each two (2) feet of building height over fifty (50) feet. aoor 051 PlGt 43 -8- ···-·--······--·-·--~---------- .. ~. ·-I- b. Side 'lard -None or a minimum of five (5) feet with unobstructed passage from front to rear yard for non- residential uses. . Fifteen (15) feet for motels, hotels and transient lodging facilities plus one ( 1) foot for each two (2) feet of building height over fifty (50) feet. c. Rear 'lard -Twenty-five (25) feet d. Waterfront -Twenty-five (25) feet from the normal water line of any artificially created body of water, excluding observation decks, bridges and walkways. (4) Maximum Height: One hundred (100) feet (5) Minimum Floor Area of Princi al Structure: One thousand ( , 0) square eet per bu1 ng on t e ground floor. (6) Maximum Density -Twenty-six (26) units per gross acre of land for hotels, motels or transient lodging facilities. (7) Distance Between Structures backs. Same as for side yard set- (8) ~ -As may be permitted or required by the applicable COIITer County Zoning Ordinance in effect at the time a permit is requested. ( 9) Minimum Off-Street Parkinq and Off-Street Loadinq Re9u1rements: As may be permitted or required by the ap- plicable Collier County Zoning Ordinance in effect at the time a permit is requested. (10) Minimum Landscaping Requirements: As may be permitted or required by the applicable Collier County zoning Ordinance in effect at the time a permit is requested. (11) Outside Merchandise Storaae and Displaying: Unless spec1r1cally permitted ror a given use, outside storage or display of merchandise is prohibited. IODIC 051 PACt 44 -9- .. - USE REGULATIONS IN PARCELS B-1, B-2 AND B-3 1) Intended use of Parcels B-1~ B-2 and B-3. It is the intent of this document to encoura9e selective commercial uses in Parcels e-1, B-2 and B-3 to provide the sale, service, tran~portation, storage and distribution of goods and service to the .traveling public on I-75 and to the citizens of the area which can be served via the access road systems. A major function of these Parcels is to serve as a focal point for the arrival of goods from other points of ·the region and country and then be processed for distribution to the local trade market·. It is-intended that inside· storag~ and warehousing along with limited assembly and manufacturing wholly within a building and not obnoxious by reason of emission of odor, fumes, dust, smoke, noise or vibration be permitted on Parcels B-1, B-2, and B-3. . Further, it is the intent of this document that Parcels B-1, B-2, and B-3 shall be used in accordance with all of the current .federal, state and county regulations except as specified otherwise in this document or as may be approved otherwise by the Collier County Board of Commissioners. 2) Permitted Principal Uses and Structures No building'-·or· structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part of other than the following: (1) ·Any principal·use or str~cture permitted on Parcels A-1 and A-2. (2) Assembly operations in ~n enclosed building. (3) Building supplies and contractors storage facilities1 bulk storage yards not including j~nk or salvage yards. (4) Car wash, communications service and equipment repair. (5) Freight movers and storage. -10- aDQK f151 PlGt 45 ~~-------~··-·---.. :.. ( 6) Laboratories; ·research, design and testing r laundries r lawn maintenance shops and plant nurseriesr light manufacturing or processing (including food processing but not abatoirr packaging or fabricating in a completely enclosed building). (7) Miscellaneous uses such as express officer tP.lephone exchanger motor or bus or truck or other transportation terminal and related usesi motorcycle sales, service and repair including outside displayi museums and tourist attractions. (Bl New and used car sales, service and repair including outside display. (9) Offices, general purpose. (10) Recreational Vehicle Park. (11) Warehousing, wholesaling, storage and distributing·· establishments and similar uses. (12) Any other commercial or professional use which is comparable in nature with the foregoing uses and with the foregoing uses and which the Planning Implementation Director determines to be compatible in the district. 3) Permitted Accessory Uses and Structures (1) Any accessory uses or structures customarily associated with the uses and structures. 4) Permitted Provisional Uses and Structures (1) Attached residence in conjunction with a business -one (1) per business. (2) Permitted use with less than 1,000 square feet gross floor areas in the prinicipal building. 5) Development Standards (1) Minimum Lot Area: Ten thousand (10,000) square feet. -11- aoar P.51 PAGt 46 .. ·- c. (2) Minimum Lot Width: One hundred (100) feet as measured at the front building setback line. (3) Minimum Yard Requirements: ( 4) ( 5) ( 6) (7) (B) ( 9) a. Front Yard -Twenty-five (25) feet. b. Side Yard -None, or a minimum of five (5) feet with unobstructed passa9e from front to rear yard for non-~esidential uses. Fifteen (15) feet for hotels, motels and transient lod9ing facilities plus one (1) foot for each two (2) feet of building height over fifty(50) feet. Attached residences shall be treated as non-residential. c. Rear Yard -Twenty-five (25) feet. d. Waterfront -Twenty-five (25) feet from the normal level of any artifically created body of water, excluding observation decks, brid9es and walkways. Maximum Height: One hundred (100) feet. al Structure: One thousand "T'T-..,.,.,....,t"":""-s_q_u_a_r•e-...;t~e-e_t,..._p~e-r__,,,..-.....,~i~n-9_...o.n--.9.....-ro.....-u-nd floor. Maximum Density: · Twenty-six (26) units per gross acre of land tor hotel, motel and transient lod9in9 facilities. Distance·Between Structures: Same as !or side yard .setbacks. ~li~s:· . As·· may· be 'permitted or required by the applicable er County Zoning Ordinance in effect at the time a permit.is requested. Minimum Off-Street Parking and Off-Street Loading "Requirements: As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. (10) Minimum Landscatinl Requirements: As may be required by the appl1cableol ier County zoning Ordinance in effect at the time a permit is requested. ( 11) Mefchandisi{stora2e and Display: Unless specifically perm1ttea for a 91ven use, outside storage or display of merchandise is prohibited. -12- 051mt 4.7 ·- MASTER PLAN APPROVAL Subdivision Master Plan approval as shown on Map H is requested as part of this PUD submittal. APPROVAL STIPULATIONS I. Water Management Advisory Board reviewed this petition and re- commended approval subject to.the following stipulations: 1. Detailed site drainage. plans shall be submitted to the Water Management Advisory Soard for review. No con- struction permits shall be issued unless and until approval of the proposed construction in accordance with the sub- mitted plans is granted by the Water Management Advisory Board. · 2. An Excavation Permit shall be required in accordance with County Ordinance No. 80-26, as amended by Ordinance No. 83-3, for construction of the two retention lakes. 3. On-site and off-site groundwater conditions shall be further investigated as they relate to historic local drainage patterns and the Henderson Creek Basin. 4. Developer shall recognize that this area is subject to flooding and will proceed with construction at own risk and acknowledge that Collier County will not be held re- sponsible for any flooding problem that may occur. II. TRArFIC: The Traffic: Engineer has the following recommendations: .. Subject to FOOT approval, the developer shall provide the following: · 1. A southbound left turn lane on C.R •. 951 at S.R. 84 be- fore any certificates of occupancy are issued. 2. A future dual southbound left turn fac:il(ty on C.R. 951 at S.R. 84 when deemed warranted by the County Engineer. 3. Separate lanes for left turns, right turns and through traffic movements on the westbound approach of S.R. 84 to C.R. 951. 4. The developer agrees to pay a fair share contribution in accordance with any lawfully adopted regulation ap- plicable to this property. -13-.. aOOK 051 PAGE 48 -·-·- c. MEMORANDUM OATE:~_..I1~1~!y""""'2~2...__1~Q~8~3~~~~~~~~~~~ FROM:~-T..._~!~~!~••r•z~nn.._.1~1r~1~l~i~t-'-e-s~~~~~~ Administrator RE: Petition R-83-lSC, DRI-83-2C, Toll Cate Commercial Center, S 35-49-26E We have review~d th~ ruo and DRI documents for the proje~t referenced above and have no objection to the rezone as requested, Hovever, ve require the folloving stipulations as a condition to our recommendation for approval: · l) The items listed in Attachment No. l. 2) We require a vritten Agreement vith the owner of the project, legally acceptable to the County ~acer-Sever District, stating that: a) The proposed on-site vascevater treatment facilities to be constructed a• part of the proposed project must be regarded a• interim; it shall be constructed co State & Federal standards and be ovned, operated and maintained by the ovner, his assigns or successors until such time as the County's Central Sever Facilities are available co service the project. b) -Upon connection to the County's Central Sever Facilities, the OYner, his assigns or successors shall abandon, dismantle and remove from the site the interia savage treatment facility, All vork related vith chis activity shall be performed at no cost to the County or the County Water-Sever District. c) Connection to the Councy'e Central Sever facilities vill be made by the ovners, their assigns or successors at no cost to the County or co the County Water-Sever District within 90 days af cer such facilities become available. d) All construction plans and technical specifications related to connections. to the County's Central Sever facilities vill be submitted for review and approval prior to commencement of construction. e) The ovners, their assigns or successors shall agree to pay all system development charges at the ti~e that !uilding Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Perciit request. 3) Any items vithin the Pt!D & ORI documents vhich conf licc vich above listed stipulations must be revised accordingly. 4) As stated in the PUD & ORI· documents, chis development plans to obtain potable vater service from the Collier County Regional -.14- &DOK 051 PAGE 49 ~.. Ann Obar Page 2 - July 22, 1983 ~acer System. Connections in this system vill not be available until the construction of the vater supply, treatment and trans- mission facilities are completed. At that time, connection·vill be on a "first come firat serve" basis vhen the folloving occurs: a) ~ater is available to the area. b) An application for service is approved. c) All applicable charges and fees are paid. ILB/JFM/bp Attachment aoor 051 PAC£ 50 -15- ---·-·-.. ·--:--··-·-·-· -·· ...... ·-_ ... -·-··· ' '' '-· .. ••••••--•-·•• •••• • • •-u. -•• • .. .. ATTACHMENT NO. 1 -UTILITY DIVISION POLICY STIPULATIONS 1) All construction plans and technical specifications for the proposed Utility Facilities must be revieved and approved by the Utility Division prior to co1111:1encernent of construction. 2) 3) 4) S) 6) All on-site and off-site Utility Facilities constructed by the Developer in connection vith rhe DeveloprnenL shall be constructed to County Standards at no cost to the County and shall be deeded to the County Water-Sever District. in accordance vith applicable County Ordinances and Regulations. All customers connecting Co the sanitary sever and vater distribution facilities vill be customers of the County Water-Sever District and vill be billed in accordance vith a rate structure approved by the County. Reviev of the proposed rates and subsequent approval by the Board of County Commissioners must be completed prior to activation of the collection/transmission system and vastevater treatment facility servicing the project. Rate revievs must be in full cornpliance vith County Ordinance No. 76-71 as amended, revised or superseded. All construction on the proposed sanitary sever system shall utilize proper methods and materials to insure vater tight conditions. Appropriate Utility Easements dedicated to the County Water-Sever District must be provided for the proposed Wat'er and Sever facilities co be constructed, vhen they do not lie vithin public rights-of-vay or Utility Easements. Data required under County Ordinance No. 80-112 must be submitted and approval granted prior to approval of the construction documents for the project. Submit ~ copy of the approved DER permit application for the sevage collection and transmission system and a copy of the approved DER permit application and construction permit for the vastevater treatrnent facility co be uciliz.ed. GULF OF MEXICO ......-.,1 W .. ~Oft'.....,·BMIH·Sol & "••II• Inc • .... ftoltdl a..1tttute et Ulb•1t Afl.litl • l11c. ._ ........... , .. CO Llfll COUNTY • HfNDllY COUNTY ICM.1•.Ua TOLL GATE COMMERCIAL CENTER LOCATION MAP • MAP A .. . l I I I ·- -0 Cl ... 0 I '11· 0 ..... l .... --""' ... CJ1 Q ·-------'ilt' ·_, .... ~--: ... :.: :::.~. ~-·;r~.~~:~~J··~~- ~~~~~-..... ~·~·~ l_ ·-,;. .......... , ., AERIAL PllOTCGOAPll MAPD I ~ [~ . ,. WOH: IU•U ... I $1M•a AK IUlf...0 &ff •Alt• OW WU .... At. HHCflC •t•llCAL eatUll -"'' °' 0 ; ~ ; a: ~ > • t-z • g u u ' .. .... ... ... .... ... ------··;n1.• .!------ _ ... ----&Poe•,IM. -· _ .. _ .. _Mtoh,i.c. ~.:.:;t·.t~ .. e:<;~-~ ~-... I I I I . I . ~ I I I I . ! ... .... .... ... .... -... ... ... .., .., .... .. .... ... .... ... ... -.... ... -.... ... .. ... ... .. -1 ........••.••.•• 1s .... .... ... .... .. .... ... STATE ROAD 84 ALLIGATOR ALLEY ... .... ... ~ U':> ... ~ .... -~ ~ 0 "" 0 0 - .... -t- I ... I ' TOLL :GATE COMMERCIAL CENTER I •• 0 llll:UMMClt , .. ROIMN lA119 llll .... 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K• ICetl F .. • Sand l'aS "·,.~··· "•• •••4 ~· ...,. ~ l.O Q ·.~· TOLL :GATE COMMERCIAL CENTER SOILS MAP ... --- ~....; :· ': + \.. I ,_ I "'""° At -l A2 y, .. .,._z tte/,M & CrtM'••• I DID s-•-11 _1,Ly...ia I I -I .,,, en Tr-HIC'JIN•H °' I , __ w ... 0 CP C...._P Hou l < 0 II ........... a: > ... ' z I :::> 0 I u I . I I_ ! t @> c I I ... 0 I co "" i \ Cl ST A TE ROAD 84 1-"" ALLIGATOR Al.LEY ·ii-:· .... ·ar .,, I ... . ""' ... ' ()1 -..J TOJiL GATE I_ I CO ,MERCIAL .. _ .... ,. VEGETiN~;ry MAP F W .................... S .. &.Peetr.. IAc. ~ .... ,,.,... llttlH•I• el U$M Aff•t • IAC. --.......... ......... .. ~··· Wif1M-Mlllef·lar1H·Sel a Pee•• lac. ... , ....... lftttihtle el U.~•11 AH*•• Mc. ................. LIGl!ND •••-•&••• •••••• , COllTA8L IT•VCTWal ····--cert •• , •• ·~··•1111•1' ..... •••• CVLYlat Wlflt lllAIWAlLI •Lew ltlllCTtO" PllOPOSl!D ~AKI •••••• co•11•vcr1010 TOfrL :GATE COMMERCIAL CENTER WATER MANAGEMENT PLAN a.tAP G J It - STAT! OF FLORIDA COUNTY OF COLLIER -- I, JAMES c. GILES, Clerk Of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No, 92-10 which was adopted by the Board of County Commissioners on the 11th day of February, 1992, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of February, 1992, t. ~\\\lltli.) JAMES C, GILES ,~· .: · ... ·. '.- Clerk of Courts and Cle..61 .=:." ~·-.. ,;.,:· •• ',, ~. . y-.. .. ,... .... ··~t.t· ,. Ex-officio to Board of<"!:.·. -~··· · ~ ... "· .... County Commissioners _ .' :: : .. · ~·": .... ;. .• :·. ':'. By, ;:.:;,~~ ~.:;:•j\~~;/f3/§ Deputy Clerk ·"v, "~ · :-' aooic 051 PAGE 59 \ - DEVELOPMENT ORDER 92-~'--~ RESOLUTION NUMBER 92-..!QQ.__ A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1 OF THE TOLL GATE COMMERCIAL CENTER DEVELOPMENT OR REGIONAL IMPACT (ORI) BY PROVIDING FOR: SECTION ONE A AMENDING THE TRANSPORTATION COMMITMENTS; SECTION ONE B ADDING DRAINAGE/WATER QUALITY/WETLANDS COMMITMENTS; SECTION ONE C ADDING WASTEWATER MANAGEMENT/WATER SUPPLY COMMITMENTS; SECTION ONE D ADDING HOUSING REQUIREMENTS; SECTION ONE E ADDING GENERAL CONSIDERATIONS; SECTION ONE F ADDING PUD DOCUMENT; SECTION ONE G DELETING UNTITLED SECTION 4.D; SECTION ONE H AMENDING THE TERMINATION DATE; SECTION ONE I ATTACHIHG THE MASTER PLAN; SECTION ·rwo, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. .. WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 84-1 on January 17, 1984, which approved a Development of Reqional Impact (ORI) known as Toll Gate Commercial Center; 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 Devel- opment Order is leqally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, the owners of the ORI property desire to expand the ORI :/ ar,aa; ahd 'WHEREAS, William R. Vines, representinq Toll Gate Commercial Center, petitioned the Board of county co-issioners of COllier County, norida, to aaend the Development order; and 'WHEREAS, the Collier county Planninq Commission has reviewed and ·considered the report and recommendations of the Southwest Florida Reqional Planninq Council (SWFRPC) and held a public hearinq on the petition on January 2, 1992; and 'WHEREAS, the Board of county Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planninq Commission and held a public hearing on the petition on IOOC ()!jj_Pl&l f}() -1- Words Underlined are added; Words s~~~ek-~h~e~gh are deleted. --- January 14, 1992, which hearinq was continued to January 28, 1992; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. Section 4.C.J., Transportation, of Development Order 84-1 for th• Toll Gata Commercial Center is hereby amended to read as follows: 3. TRANSPORTATION: lfrenspertetien-9enereted-by-~eii-6ete-ee1M1ereiei-eenterT vhen--eembined--with--ether--grewth--in--the--ereeT-wiii neeessitete----interseetien----imprevements----et----the interseetien--ef-eR-9Si--end-SR-9+T---etner-imprevemen~s J11ey--eise--be--reqi:tir.ed--as--determined-by--e-J11eniterin9 pre9ramT Reeemmendatienst BT lfhe--appiieant--sheii--be-reqi:tired_.-te-pey--fer-t:he aiqneiizetienT--ti:trn-ienes--end-et:her--imprevements deemed-neeessery-by-the-eei:tnty-En9ineer-er-PBelf-fer the-interseetien-ef-eR-9Si-with-Bevis-Bei:tieverd-tSR 9+tT---lfhese-impreVeJ!IOfttS-S:heii-be-mede-et-the-time thet--this-interseetien-is-fei:tnd-te-exeeed-ievei-ef aerviee--•e•T--Serviee-ievei-determinetien-aheii-be mede--by--either--the--eeiiier--eei:tnty--En9ineerin9 Bepertment--er-PB91fT---lfe-this--endT-the--eppiieant ahaii--si:tbmit-an--anni:tei-meniterinq--repert-te--the eeiiier--eei:tnty-Engineering-Bepertment;--the-Napies ~eeiiier--eei:tntyt-MTPT9T;--PB91f;--and-the-Sei:tthwest Pieride--Regienei-Pianning-eei:tneii-fer-reviewT--lfhe first--menitering-repert-sheii-be--sttbmitted-et-the time--ef--issttenee--ef--the--firat-eertifieetea--ef eeettpeney-fer-lfeii-6ete-ee1M1ereiei-eenterT--Reperts ahaii--be-ai:tbmitted-anni:teiiy-i:tntii--bi:tiidettt-ef-the pre;eetT---lfhis-repert-sheii-eentein-treffie-eei:tnts teken--at-the-eeeeas-peints-te-the-aite-end-ti:trning mevementa-at-the-eR-9Sif SR-a+-interaeetienT bT Menitering--Bavia-Bei:tieverd--te--detel'llline-ita-need fer--fei:tr-ienea-sheii-begin--wi~h-Phaae-iT--At--the time-thet-the-pertien-ef-Bavis-Bei:tievard-frem-Redie Read--te-eR-9Si-is-fei:tnd-te-exeeed-ievei-ef-serviee •e•--tby-the-eeiiier-eei:tnty--Engineering-Bepertment er--FBelft;-the-appiieant-shaii-be-reqi:tired-te-pey-e prepertienei--shere-ef--the--eest-ef-twe--iene-reed eenstri:tetien;--exeittding-right--ef--wayT-threi:tgh-en areewide--fi:tnding--pregramT---lfhis--ahere--wiii--be determined--et--the--time-ef--fttii-bi:tiidei:tt--ef-the pre;eet;--te--the--tetei--veittme--ef-the--pre;eeted traf fie-eieng-the-readwayT eT At--the-time--that-the--eei:tnty-Engineer--determines that-eR-9Si-frcm-i-~5-te-Bevis-Bei:tievard-tSR-8+t-is fettnd-te-exeeed-ievei-ef-serviee-•e•r-the-appi*eant ahaii--be-reqi:tired-te--pay-e-prepertienai--share-ef the--eest-ef-twe-iane-reed--eenstrttetienT-exeii:tding right-ef-way;--threi:t9h-en-areawide-fttndin9-prcgremT ~he--appiieent~s--ahere--shettid--be--determined--es etttiined-in-Reeemmendetien-bT Alternatives: Impact Fees: if ~ Collier County Wui adepts -2- Words Underlined are added; Words stri:tek-threi:tgh are deleted. ---- adopted an impact fee for development, this fee can be substituted for the proportional payment outlined below. to the extent authorized by the terms of the impact fee ordinance ~ft---the reeemmenda~~ens. Any external road improvements already paid for should be credited towards the overall fee charged the applicant. A... The applicant or his successor shall be fully responsible for site-related roadway and intersection improyements required within the Toll Gate Commercial Center QR!. The applicant shall be required to pay the full cost for any site-related intersection improvements <including but not limited to signalization. turn lanes and additional through lanes> found to be necessary by Collier Countv for the project's access intersections onto CR 84. lL. The applicant shall make a proportional shore contribution to proyide the necessary transportation improyements. including design and engineering. utility relocation. right-of-way acquisition. construction. construction contract administration. and construction inspection necessary to maintain the adopted leyel of service for the following significantly impacted regional roadways through project buildout in 1996: SR 84 CQayis Blyd.) -Radio Rd. CCR 856) to CB 951 ~ -CR 951 to project west entrance CB 951 -vanderbilt Beach Rd. to Pine Ridge Rd. CCR 8961 Rattlesnake Hammock Rd. -Countv Barn Rd. to CB 951 Santa Barbara Blyd. -SR 84 CDayis Blyd.l to Rattlesnake Hammock Rd, vanderbilt Beach Rd. -Airport Rd. CCR 31) to CR 951 · Radio Rd. CCR 856) -Kings Way to Santa Barbara Blyd. If any of the road segments identified in this paragraph become deficient in the future. the Countv shall establish an Area of Significant Influence CASI> around such segment pursuant to thg Collier County Adequate Public Facility Ordinance. The appllcant shall make a proportional shan contribution to the necessary improvements. including but not limited to. right-of-way. cost of signalization. turn lanes. and other improyements deemed necessary by FOOT or Collier County. or other appropriate jurisdiction. to maintain the adopted level of seryice for the following significantly impacted off-site regional intersections through proiect buildout: -CR 95/I-75 ramps -SR 84 CDayis Blyd,)/CB 951 -3- Words Underlined are added; Words s~r~ek-~hre~~h are deleted. --- -SR 84 CDayis Blyd.l/Radio Rd. -SR 84 Cpayis Blyd,)/Santa Barbara Blyd. -Radio Rd./Santa Barbara Blyd, The timing Cor the initiation or the improyements outlined in recommendations 'B' and "C" aboye shall be made at the time that a regional road segment or intersection is proiected to exceed the adopted leyel of seryice. seryice leyel determination shall be made by collier county. To determine the existing leyels of service on regional facilities and the need for improvements in a timely manner. the applicant shall sub!ftit an annual monitoring report to Collier countv. FQOT. the Florida Department of community Affairs and the Southwest Florida Regional Planning Council for reyiew. The first monitoring report shall be submitted one year after the issuance of the amended development qrder for the Toll Gate Cnmmercial Center DBI. Reports shall be submitted annually thereafter until after buildout ot the proiect. and at a minimum. shall contain peak season peak hour counts and turning moyements at each approyed access point. Additional monitoring report information shall be supplied as required by county policy. as that policy may be modified from time to time. Should the eyentual deyelopment mix of the Toll Gate commercial Center QRI be such that the trip generation and external traffic of the proiect exceed the leyels of seryice identified in the Substantial peviation Application. on an ayerage daily or average peak season peak hour basis. then the project shall go through a substantial deyiation determination as outlined in Chapter 380. Florida Status. Based· on the staff transportation assessment of significant proiect impacts. construction of the following transportation improyements shall be needed prior to. or coincident with, deyelopm·ent of the Toll Gate commercial Center DBI. if adopted leyels of · service are to be maintained through buildout C1996l on regional road segments and intersections. SR 84 cpayis Blyd.l -Radio Rd. CCR 856) to CR 951 ~ -CR 951 tg prgject west entrance CR 951 -Vanderbilt Beach Rd. tg Pine Ridge Rd. CCR 896) Rattlesnake Hammgck Rd. -Cgunty Barn Rd. to CR 951 Santa Barbara Blyd. -SB 84 <Davis Blyd.l tg Rattlesnake Hammgck Rd. vanderbilt Beach Rd. -Airport Rd. CCR 31) to CR 951 . Radio Rd. CCR 8561 -Kings Way tg Santa Barbara Blyd. ·Widen Hid en Hid en Hid en Hid en Widen Whhm to 4L to 4L to 4L to 4L* to 6L* to 4L* tg §1.* * or reclassify from a collectgr tg an arterial at -4- Herds Underlined are added; Words s~r~ek-~hro~qh are deleted, -- aoo~. 051 mt 64 -- the existing lane configuration. The applicant shall be subiect to the Concurrency Management system of the County as set forth herein. Development order options may be considered by Collier county and the applicant to the extent that the options proyide adequate commitments for improvements indicated aboye to significantly-impacted regional roadwavs and intersections. Whatever options are exercised. however. should be done with the understanding that the following conditions shall be met: ill If annual monitoring reports confirm that peak hour/peak season traffic on the regional road segments and intersections oboye exceed the leyel of seryic~ standgrds adopted by the county and the project is utilizina more than 5\ of the leyel of seryice 11 0 11 capacity for urban areas or 11 c 11 for rural areas. then further building permits and certificates of occupancv shall not be granted until the standards of the county's concurrency management system haye been met. The transportation impacts to the roads and intersections aboye shall be appropriately addressed consistent with southwest Florida Regional Planning Council policies. and the determination of proportional share and/or pipelining of the regional road improyements shall be in accordance with Section 163.3220 r.s. which requires a Local Goyernment peyelopment Agreement and a commitment by the applicant and/or the local goyernment to ensure concurrency on all significantlv impacted regional roads. The regional roadway seaJDents · and intersections on which this proiect has substantial impacts are all operated and maintained by Collier County. The County bas made the decision to plan for and manage the impacts of this QRI through its duly adopted comprehensive plan Cincluding the remedial plan amendments agreed to between Collier Qounty and DCA. pursuant to that certain Stipulated Settlement Agreement between the parties CQOAH Case No, B9-1299GMll. The ~ounty has considered the regional roadway segments and regional roadway intersections as set forth in J,B and c. hereof and bas determined to require the project to be subject to and to comply with the Concurrency Management system (CMS> of Collier County as adopted in its Growth Management Plan pnd implemented in its Adequate Public Facilities ordinance CAPFl. piyison 3.15 of the Collier countv Land Qevelopment Code. The Adegupte Public Facilities Ordinance CAPF> requires the Growth Management Director to complete an Annual Update and Inventory <aUIRl by May 1 of ~ach year on roads and public transportation facilities based OD the adopted leyel Of service. The APF ordinance requires the Board of County commissioners by June 1 of epch year. to establish Areps of Significant Influence <"ASI"l around any road segment or -5- Words Underlined are added; Words s~r~ek-~hrc~~h are deleted. ---------------·---------- intersection which is deficient or is pro1ected by the AUIR to become deficient and which is not scheduled for improyement in the Capital Improyement Element l"CIE"> of the comprehensive plan in a manner and time which would proyide facilities concurrent with tbq impacts of deyelopment pursuant to said APF ordinance. Pursuant to the APF Ordinance. projects within the boundaries of an ASI which is drawn around a deficient road segment are unable to obtain further Certificates of Public Facility Adequacy. Projects within an ASI drawn around a road segment which is projected to become deficient are unable to obtain Cqrtif icates of Public Facility Adequacy that would allow impacts to exceed ~emaininq capacity of those road segments. The standards to be utilized by Collier Countv in establishing thA boundaries of the ASI's are set forth in Subsection 3.15.3.5 of the Land pevelopment Code. In addition to the proyisions of thq Collier county Adequate Pubic Facilities Ordinance. piyision 3.15 of the Land peyelopment Code. the PRI shall be subject to the follqwing conditions regarding the transpqrtation impacts of the deyelopment: A.a. The Toll Gate commercial center peyqlopment of Regional Impact is subject to thq specific requirements of the Adequate Public Facilities. Diyisiqn 3.15 of the Land pevelopment Code as tbat code existed on the day of its adqptiqn. Any amendment to the transp0 rtati0 n portions of the Land peyelopment Code by Collier county shall not bq effectiye qr applied to the PRI unless and until this peyelopment Order is amended to inc0 rporatq and render applicable such changes or amendments to the APF. piyision 3.15 of the Land peyelopment ~ lL. The applicant shali proyide. within fifteen <15> days of publication each yqar. a copy qt said AYIR on the regional facilities set fqrth in 3.8. and c, herein to the SWfRPC and the Department 2.f Community Affairs • .Q.... In the eyent that Collier county designates an ASI around a deficient road segment that is predicted to be substantially impacted by the Toll Gate Commercial Center DBI and the ASI does not include the PRI, then the applicant shall file a Notice of Change of this deyelopment order with Collier county, the SWFRPC and the pepartment of Community Affairs, pursuant to Section 380.06(19). Florida Statutes. sL. The applicant shall file a Notice of Change within sixty C60l days from thq date the Cqunty creates an ASI fqr such a deficient road segment that excludes thg DBI. The applicant shall filg with thg -6- Words Underlined are added; Words ser~ek-enre~~h are deleted. IOOIC 051 PAG!: 66 -- Notice of Change. o current traffic analysis and other information attempting to establish that the PRI is not having a substantial impact upon the pertinent road segment. or other iustification for the county's exclusion of the DBI from the ASI. If an ASI is established for any deficient road segment listed in Paragraph 3.A. and 8. of this deyelopment order that does not include the Toll Gate Commercial Center pRI. the PRI shall not apply for or be issued any Certificate of Adequate Public Facility until the Notice of Change decision is made by Collier ~ty. if neither pCA nor SWFRPC participates in the public hearing on this Notice of Chango pursuant to 380.06{19) Cfl and the change is adopted by Collier county, ns proposed. or until any appeal of such decision to the Florida Land and Water Adiudicatory Commission is resolved. For purposes of this deyelopment order, the PRI shall be deemed to haye a substantial impact upon a deficient road segment if its traffic impacts exceed fiye percent (5\) Of the leyel Of seryice "P" peak hour. peak season capacity of the roadway, The County shall proyide the requisite public notice and hold a public hearing on the Notice of Change as expeditiously as possible. Following a public hearing. Collier County shall amend the PRI peyelopment Order to record its determination whether or ngt the DBI is haying o substantial impact upon the deficient rgad segment gr otherwise shguld ngt be included within an ASI fgr the deficient road segment. In making this determinatign. the Cgunty shall include the impacts resulting frgm all deyelopment tg gccur pursuant tg the certificates of Public Facility Adequacy preyiously issued to the PRI. The amendment to the peyelopment Order is appealable pursuant to Subsection 380.06C19l and Sectign 380.07. Florida Statutes. If neither pcA nor SWFRPC participate in the public bearing gn the Hgtice of Change pursuant tg Sectign 3S0.06C19lCfl. Flgrida statutes and the change is adgpted by Cgllier Cgunty os propgsed. the PRI may be issued Certificates gt Public Facility Adequacy fgllgwinq the County's deyelgpment grder decisign. If either DCA gr SWFRPC participates in the public bearing. the applicant shall not apply for gr be issued certificates gf Public Facility Adequacy until the deadline for any appeal gf the Cgllier county decision bqs expired pursuant tg Section 380.07. Florida Statutes and ng appeal bas been filed. -7- Words Underlined are added; Words s~r~ek-~hre~~h are deleted, ,);! -- - B. Development Order 84-1, for the Toll Cate commercial Center hereby amended by adding section 4.D entitled Drainage/Water l:;', Quality/Wetlands to read as follows: • ··~· ' D.... DBAINAGE/HATER OUALITX/HETLANQS !.a. A.... The proposed changes to the pro1ect 1 s surface water management system design shall meet south Florida Water Management pistrict criteria in effect at the time of the application for permit modification. lL. At the time of the application for permit modifir.ation, the applicant shall proyide details ~11 n~w control structures tor this pro1ect. including dimensions and eleyations. A baffle (grease and oil interceptor> shall be included in each control structure. as applicable. to encourage discharge from the center of the water column rather than the top or bottom. The control §tructures shall be designed to bleed down no more than 1/2 11 of the required water gualitv yolume in 24 hours. A V-notch bleeder design is considered preferable to a rectangular notch design for control structures • .c..., Calculations shall be provided at the time of application for permit modification which yerify that the pistrict•s water quantity and quality criteria are being maintained. including those criteria applied to roadway improvements. D.... At the time of application for Construction and Operation Permits for the individual commereial and industrial sites. the individual sites shall provide proof to pistrict §taff that each site provides dry pre-treatment detention/retention for the first 1/2 inch of runoff. unless the site applicant provides reasonable assurances that hazardous materials will not be generated. used. or stored on the site • .E.... At the time of application for a modification to the existing pistrict permit. a detailed plan for hazardous material handling and emergency response will be requited to be provided to pistrict and Collier County staffs, I... The applicant shall undertake a regularly scheduled yacuum sweeping of all internal §treets and parking facilities, to be incorporated as a best management practice, ~ If the development §hould. in the future. ·utilize reclaimed wastewater for irrigation purposes, the applicant shall ensure that the onsite preserved nnd created wetlands. ponds nnd the surface water management system nre adequately buffered from possible effluent contnmination. H... All pro1ect construction shall take place away from proposed buffers. the onsite wetlands nnd dry detention arens. §O ns not to affect the intended function of the surface water management system. aoor 051 Pm 67 -s- Words Underlined are added; Words s~r~ek-~hre~~h are deleted. --------------·-·--·--~·-~-·--··- --- I.... The operation of the Toll Gate surface Water Management system is dependent upon the Henderson Creek Watershed for an outlet. Therefore. a final surface Hater Management Plan for the proiect shall demonstrate that the system is designed in accordance with existing design parameters for the Henderson Creek Watershed, ~ The applicant shall participate in any on-going or future efforts by Collier County to establish a Countywide surface water management system. K... Best Management Practices and monitoring and maintenance of the surface water management system shall be implemented by the applicant in accordance with Qistrict guidelines. I..... All internal surtace water management systems sball be set aside as priyate drainage easements. comtllQD. nreas. preseryes. or shall pe identified ns specific tracts on the recorded final plnt. H.... Tbe DPPlicant shnll confirm. to the sntistnction of Dll federnl. stnte. nnd locnl reyiew and permitting ngencies. nnd the South FloridD Water Manngement Qistrict. thnt the proposed water mnnagement system will not impact hapitnts of any state or federally listed plant and/or animal species occurring onsite. or that such impacts will pe mitignted to the benefit of onsite populations of those species. 1L. The npoye conditions shall supersede any conditions 9ontained within the original Toll Gate peyelopment order which are inconsistent with the aboye 9onditions. Any 9onditions 9ontnined within the originnl deyelopment order which are consistent with .the apoye 9onditions shall remnin in for9e. 2..&. All 9ommitments made by the appli9nnt within the §upstantial peyintion Application nre Dttnched as Exhibit "B" nnd supseauent sufticiency · round information. relnted to Question 22 cprainngel. and not in conflict with the apoye recommendntions. is hereby considered to be pnrt of this peyelopment Order. f.... Ihe applicant shall des9ripe the status of 9onditions and mitigntion a9tions required by FQER and USACOE permits for wetland impncts. within ea9b nnnual report. c. Development Order 84-1, for the Toll Gate commercial center hereby amended by adding Section · Management/Water Supply" to read as follows: .E... WASIEHATEB HANAGEME~T/WATER SUPPLY 4.E. entitled "Wastewater l... For the purpose of potnble water conseryation. Toll Gnti Commercinl Center shall utilize low water use plumbing fixtures. self-9losing nnd/or metered water fnu9ets. and other water conserving deyices • .2.... For the purpose of non-potnblg wntcr 9onseryntion. Toll Gate Commer9ial Center shall utilize xeris9apg principles in thg design of thg proiect•s landscaping. Toll Words Underlined are added; Words s~r~ek-~hre~~h are deleted. - .L. .L. -- to the use of potable water prior to modification of the proiect•s existing landscape irrigation water use permit. Howeyer. withdrawals from the onsite lakes and wetlands where mitigation is proposed shall not be allowed due to the potential for ndyerse impacts on wetland hydroperiods. The applicant shall investigate the feasibility of utilizing reclaimed water to meet the proiect•s landscape irrigation demands prior to permit moditication, Toll Gate Commercial Center shall provide yerification to the South Florida Water Management District. at the time of application for a modification to the existing landscape irrigation permit. that any proposed ground or surface water withdrawals are reasonable-beneficial. in the public interest and will not result in any adyerse impacts to existing legal ysers or the environment. The pro1ect's proposed WAter use &hall meet South Florida Hater Management pistrict criteria in effect at the time of permit application. The proiect shall obtain potable water. and wastewater treatment. from the Collier county Utilities piyision. if Collier County Utilities determines that it has sufficient capacity to serye the proiect. Should Collier Coynty Utilities piyision determine that they do not haye sufficient capacity. the Applicant shall either construct interim potable water and wastewater treatment facilities. or shall postpone deyelopment until such time as Collier County Utilities' service capacity is ayailable to the proiect. Any interim facilities constructed by the applicant shall be constructed to Collier Coynty Utilities piyision Standards. and shall be dismantled, at the Applicant's expense. upon connection to the Coynty facilities. Whether potable water and wastewater facilities are proyided onsite or offsite. ·the applicant shall demonstrate to Collier Countv that adequate wastewater treatment capacity is ayailable at the time of final plan sybinittal. As the Toll Gate peyelopment may be required to utilize treated effluent for irrigation. the applicant shall ensyre that onsite lakes. wetlands. and the surface water management system are adequately buffered from possible effluent contamination. The applicant shall provide assurance that commercial and industrial effluents. if generated bv the proiect. will be treated separately from domestic wastewater and handled in accordance with FPEB criteria. Septic tanks shall not be allowed. except for construction or sales offices. dye to the possibility of hazardoys wastewater generation by the commercial/office _and industrial portions of the pro1ect. All construction plans. technical specifications. and proposed plats. if applicable. for the proposed water distribytion and wastewater collection systems. and any possible onsite treatment facilities. shall be reyiewed and approyed by the Collier Coynty Utilities piyision prior to commencement of construction. All potable water facilities. including any possible onsite potable water treatment system. shall be properly sized to supply ayerage and peak daily demand. in addition to fire flow demand. at a rate approyed bv the appropriate Fire Control pistrict seryicing the pro1ect AUL. -10- Words Underlined are added; Words s~rtte~-~hrcttgh are deleted. --- l1.... The lowest ;yality of water shall bo utilized for all non-potable water uses. The aboye conditions shpll supersede ony conditions contained in the original Toll cote Commercial Center Development order which are inconsistent with the pbove conditions. Anv conditions contained in the original Development Order which are consistent with the above conditions shall remain in force. All commitments mode by the applicant. within the ADA ond subsequent sufficiency round information. related to Question 21 fWpstewater Management). pnd Question 23 cwater Supply>. ond not in conflict with the above recommendations shall be incorporated as conditions for approyal. D. Development Order 84-1, for the Toll Gate commercial Center is hereby amended by addinq a new Section 4.F. entitled "Housinq" to '~ ...:, · read as ·follows: .L. HOUSING Tb• applicant bas indicated support for a county linkage fee ordinance which would require all deyelopment. b9tb Deyelopment of Regional Impact CDRil qualified and non-QRI qualified. to contribute to a program which gddresses affordable housina concerns. Tb• applicant bas pgreed to the imposition of o housing impact fee for that portion of the proiect not previously Qpproyed and plotted. which impact fee would be applicable until such time os the county hos pdopted on affordable housing improyement program yith a proportionate share funding mechanism. which program is mandated by the Collier county Growth Management Plan to be in force not later than Janyary 1. 1994. That portion of the Tollgate proiect which has not yet been plotted and improved shall be subiect to the following condition: l... ·Each development within that portion of the proiect which has not been platted and improved at the time of adoption of this peyelopment Order CQOA 91-2) shall pay a fee of 20 cents per sgyare foot of gross leaspble building area to an Affordable Housing Trust Fund at the time a building permit is filed with the County. The Affordable Housing Tryst Fynd shall be administered by the appropriate County agency for the pyrp0 se of increasing the supply of affordable hoysing ovoilable to low and very low income boysebolds. This fee shall be terminated ot the time Collier County adopts an Affordable Hoysing Improyement Program which includes o proportionate shore tynding mechanism. In the eyent that. by Janyary 1. 1994. Collier County has not enacted an affordable housing improvement program with a proportionate share funding mechanism. the twenty cents per sgyare foot tee regyirement shall be terminated, E. Development Order 84-1 for the Toll Gate Commercial Center is hereby amended by addinq a new Section 4.C. entitled "General Considerations" to read as follows: aoor 051 PAGt 70 -11- Words Underlined are addsd; Words s~r~ek-~hre~~h are deleted. --- Si... GEHERAL CONSIQEBATXONS All commitments and impact mitigating actions provided bv the applicant within the Application tor peyeloprnent Approyal land supplementarv documents> that are not in conflict with specific conditions for proiect approval outlined above are officiallv adopted as conditions for approyal. The applicant shall submit an annual report on the deyelopment of regional impact to Collier County. tha soutbwast Florida Regional Planning Counsil. the pepartment of Community Affairs and all affected permit agencies as required in Subsection 380.06(18>. Florida Statutes. The deyelopment phasing schedule pregented within the ADA apd as adiusted to date of deyelopment order approyal shall be incorporated as a condition of approyal. If deyelopment order conditions apd applicant commitments incorporated within the development order. APA or sufficiepgy round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules spegitied within the deyeloprnept order and this phasing sghedule. then this shall be presumed to be a substantial deyiation for the affegted regional issue. If the local goyerpment. during the gourse of monitoring the deyelopment. can demonstrate that substantial changes in the conditions underlying the approyal of the deyelopment order haye oggurred or that the deyelopment order was based op substantially inaccurate information provided by the deyeloper. resulting in additional substantial reg1opal impacts. then a substantial deyiation shall be deemed to haye oggurred,. The monitoring chegklist gontained in Appendix IV shall be used as a guide bv the local goyernmept in determining addition substantial regional impagts. pyrsuant to Chapter 380.06(16). the appligant may be subjegt to gredit tor contributions. gonstrµgtion. expansion. or acquisition of public facilities. if the deyeloper is also subject bv local ordinances to impact fees or exogtions to meet the same needs. The local goyerpmept and the deyeloper may enter into a capital contribution front-ending agreement to reimburse the deyeloper for voluntary gontributions in exgess of the fair share. F. Development order 84-1 for the Toll Gate Commercial Center is he~~by amended by addinq a new Section 4.H. entitled "PUD Document" to follows: IL. P.u.p. QOCVMEHT A.a. The approyed Toll Gate Commercial Center PUP Document as the same may be officially modified from time to time. is herebY incorporated and attached hereto as Exhibit ~ aoar 05'1 mt 71 -12- Words Underlined are added; Words s~r~ek-~hro~~h are deleted, ·~ -.. .. G. Section 4. D of Development Order 84-1, for the Toll Gate commercial center is hereby deleted in its entirety as follows: BT eol'llJllitments--speeified-in-the-PUB--erdinenee-as-set-ferth--in Bxhibit--A--atteehed--herete--and--by-ref erenee--mede-e--pert thereof-and-as-foilowst' iT Betailed--site-dreineqe-plens-sheil-be--submitted-to-the Water---Maneqement--Advisory---Beerd---for--reviewT---Ne eonstruetion--permits-ehall-be--issued-unieee-and--untii approvai-ef-the-proposed-eonstruetion-in-eeeordanee-with the--submitted-piens-is-qrented-by--the-Weter-Heneqement Advieory-BoerdT iT An--Bxeevetion-Per~it--eheii-be--required-in--eeeordenee with-eeunty-erdinenee-KeT-88-267-es-eaended-by-erdinenee KeT-89-97-for-eenstruetion-ef-the-two-retention-lakeeT 9T 9n--site-end--eff--site-qrOUftdWeter-eonditions--sheii~be further--investiqated-as-they--reiate-to-histerie--ieeai draineqe-patterns-end-the-Henderson-ereek-BeeinT 4T lfhe--deveieper-sheii-reeeqniee-thet-this-eree-is-sub;eet te--f ieedinq-end-wiii--proeeed-with-eenstruetien--et-its ewn--risk-with-knowiedqe-thet-eeiiier-eeunty-viii-net-be heid--reepensibie--for--eny--f ieedinq--prebiem-thet--may eeeurT ST Sub;eet--te-PBe~-eppreveiT--the-deveieper-shaii--previde the-feUewinqt' 8T A--southbeund--ieft--turn-iene--en-eR-9Si--at-SR-84 before-eny-eertifieates-of-eeeupeney-are-issuedT bT A--f~ture--duei--seuthbeund-ieft--turn-faei!ity--en eR-9Si-at-SR-84-when-deemed-warranted-by-the-eounty BnqineerT eT Separate--ianes--fer--ieft-turns7--riqht-turns--and threuqh-traffie-movements-en-the-westbeund-eppreeeh ef-SR-84-te-eR-95iT dT ~he---deveieper--aqrees---te--pey---e--feir---shere eentributien---in--eeeerdenee--with---any--iewfuiiy adepted-requietien-eppiieebie-to-this-prepertyT 6T ~he--Utiiity-Bivisien~s-stipuietiens-es-feund-in-Exhibit eT-ettaehedT H. Section 7 of the Development Order 84-1 for the Toll Gate ':"· Commercial Center is hereby amended to read as follows: I, hereto as That this Order shall remain in effect fer-a--period-of-ten ttet-years-from-the-effeetive-date-of-this-Beveiopment-erderT until pecember 31. 1997. 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. A Master Development plan dated January, 1991 is attached Exhibit "C" and by reference incorporated herein. -13-aoor 0511'AGt 72 Words llD!:IU::UD~!J are added; Words struek-threu~h are deleted. -- - TWO: FINDINGS OF FACT A. That the real property which is the subject ot the substantial Deviation ADA is legally described as set forth in Exhibit .A, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. c. The applicant submitted .to the County a Substantial Deviation ADA and sufficiency responses known as composite Exhibit B, and by reference made a pa~t hereof, to the extant that they are not inconsistent with the terms and conditions of this Order. o. The applicant proposes the development of Toll Gate Collll'llercial Center on 100.24 acres of land for commercial, industrial and residential tourist uses. E. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of SWFRPC. F. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. G. The development is not in an area designated an· Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order · constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Substantial Deviation ADA, the Substantial Deviation Sufficiency Report, and the Substantial Deviation second .. ·Sufficiency Report which documents by reference are made a part hereof as composite Exhibit B. a. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC. c. The proposed changes to the previously approved development .will not unreasonably interfere with the achievement of the objectives -14- Words Underlined are added; Words s~r~ek-~hre~gh are deleted. .. .. .. of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved development are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. A. Except as amended hereby, Development Order 84-1 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies Of this Development Order 92-_l__ shall be transmitted immediately upon execution to tho Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Reqional Planninq Council. c. This Development Order shall take affect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. CoJ11J11issioner Hasse offered the f oreqoinq Resolution and moved for its adoption, seconded by Commissioner --~Gooclni:>a<:....,~gb,.....t _________ ~ and upon roll call, the vote was: AYES: Ccxmd.ssioner Hasse, eaimlssioner Goodnight, Ccmllissioner Shanahan, Ccmnf.ssioner Saunders and Camli.ssioner Volpe NAYS: ii:.~. ~ ;:: .... Tu. ,; .. ,.oftfCt: STUDENT $;:;~ASSISTANT COUNTY ATTORNEY -~;.t I >r?(>A-91-2/nb/7120 day of __.F""e""M..._...1a,..ryi.j<--------' 1992. -15- COMMISSIONERS FLORIDA aoatr 051 PAGE 7 4 Words Underlined are added; Words s~r~ek-~hre~gh are deleted. .. --Exhibit A LECAL OESCR IPTION Commencing at the southeast corner of Section 35, Township 49 South. Range 26 East. Colller County. Florida: thence along the east line of said Section 35 North 1 •-55•.5511 West 200.14 feet to • point on the north rlght·of•way line of State Road 811 IAlllgator Alley); thence along said north right-of-way line. North a9•.45•-01 11 West 331.23 feet to a point of Intersection of said north right-of-way llne or State Road 93 (I· 75). and the POINT OF BECINNINC of the parcel herein described: thence continue along said right-of-way line or State Road 811 I Alllgator Alley) on the followlng five courses: 11 North a9•-q5•-01 11 West 2398.66 feet: 21 South 89•·56'·1611 West 15117.113 feet: 3) North so•-q3•-ss11 Wast 709.38 feet: II) North 39•.52•-q211 West 209.91 feet: 5) North 10•-21J 1·3311 West 209.91J feel lo a point on the East Limited Access. right-of-way tine of State Road 93 ll-75); thence continue along said Limited Access, right-of-way line of State Road 93 0·75) on the followlng nine courses: . · 11 North 3•·191·52" East 285.311 feet: 2) North 23•·371·28" East 1119.83 feet: 3) North &11•-12 1-3911 East 1119.83 feet: II) North 8&•-37•-01 11 East 778.511 feet: 5) South 97•.55•-1211 East 318.82 feet: 6) South 78•·114'·38" East 318.32 feet; 7) South 71J•·D9'·17" East 1199.30 feet: 8) South 73•-oo•-3311 East 19011.96 feet: 9) southeasterly 233,67 feet along the arc of a circular curve concave to the northeast, having a radius of 116.2116 feet. subtended by a chord which bears South 75~·35'·07" East 233.67 feet to the north rlght·of•way llne of State Road Bit I A Ill gator Alley); and the Point of B.eglnnlng of the parcel herein described: · being a part of south 112-. Section 35, Township 49 South, Range 26 East, Colller County. Florida: subject to easements and restrictions of record: containing 69.IJO acres of land more or less: · bearings are based on Florida Department of Transportation rlght·of·way map for State Road 93 ll · 75). ALSO INCLUDING THE FOLLOWING Description of part o~ Section 35, Township 49 South. Range 26 East. and part of Section 2. Township 50 South, Range 26 East. Colller County.· Florida COMMENCE al en Iron pipe marldng the Northeast Corner of said Section 2: thence North 89• 45 1 01 11 West. 337.83 feet along the North line of said Section 2 for 11 POINT OF DECINNINC: thence South oo• 02 1 19 11 East, 59.98 feet: thence South 89• 57' 111" West. 2,300.70 feet; thence on a course traversing from said Section 35, South 89• 56' 02 11 West. 2,q1J8. 74 reet: thence North IJ5• llG' 16 11 West. 71. 58 reet: thence North · 01• 28' 311" West. 705.25 feel to the Easterly Limited Access R/W Line or S.R. 951 (Section 03175-21109); thence South to• 211' 33 11 East. 209.94 feet: thence South 39• 52' 42" East. 209.91 feet: thence South so• 113' 58" East. 709.38 reel; thence North sg• SG' fG" East. f,51J7.IJ3 feet: thence South lJ9• 115' 01" East, 2,39G.G7 feet lo the Southerly Existing Limited Access R/W Line of S.R. 93 (03175·21109); thence South oo• 02' 1,. EasL 200.00 feet tot.he POttfT OF BECi1NNINC. LeH end except the East 100.00 feel thereof. Containing 30.835 acres. more or less. The entire pro}ecl area Is 100.235 acres. IODll 051 PACt 75 - ... ·. ·. ............ ----···-··-----·- -- • .<nt .u ~ LECAL m:sc if Commencing at th• southeest co,.ner of S•H'\IOt'. '• r ~, .. I .. t•.• . ' ~ ··•Jth. J.\&,. .. 211 EHt, Collier County, Florida: thence •long the Hit llne or nid Section 35 ti,.. '\ l ' .. · • · ~t 200. 111 (, •• to a point on the north rlght·of·woy llne of Stl~• It· : r.I! \:.ih•;i11tor Aller!: thence along Hid north rlght·of·w•y line, Norlt ·1 "'•!l'•OI'' 'Wc:.it 331.23 fee\ to a point of Intersection of Hid 1'1orth rlght·or•w,·· lln• of <;tate Road 93 l 1· 751, and the POINT OF BECINNINC of the porcel l ..... ~in rlr'lcrlb'!d; thence cnntlr.ue •long said rlght-of•woy l111e of !'.late Rr.ac! 811 (Alll9otor Alley! on the rollowlng five courni:: 11 North 89°-115'·01" West 239#.66 rect: 21 South 89°·56'·16" West 15117 ,q3 feet: 31 North 80°-113'-Sa" West 709,38 feet: II) North 39°•521•112" Wesl 209.91 feet; SI North 10°·211'•33" West 209,911 feet to a point on the Eut Limited Access, rl9ht•of•way llne or State Ro•d 93 11-751; thence continue •long uld Limited Access, rlght•of·w1y llne of State Ro•d 93 11·751 on the following nine courses: . 11 North 3°•19'•52" Ent 285.34 rut: 21 North 23°·37'·28" EHt 1119,83 feet: 31 North 611°•12'·39" EHt 1119.83 feet; Ill North 85°·37'·01" East 778,511 feet: 51 South 17°·55'•12" East 318,82 feet: 61 South 71"-•"'•31" East 318,32 feet: 71 South 711°·09'·17" East 1199.30 feet: II South 73°·00'·33" East 19oq,95 feet: 91 southe .. terly 233.67 feet •long the •re of 1 clrcular curve concave to the northeHt, having 1 radius or 111.211G feet, 1ubtended by a chord which bHrs South 75~·35'•07" Ent 233.57 feet to the north rlght·of·w•y llne of Sl•te Road n IAlllg•tor Alley); and the Point of Beginning or the pucel herein described: being • p•rt of south 112, Section 35, Township 119 South, R•nge 26 East, Colller County, Florida; subJect to Hsement1 •nd restrictions or record: cont•lnlng u.qo •cres of land more or less: bearings are based on Florid• Department of Transportation rlghl·of·w•y m•p for Sl•t• Ro•d 93 11·75) • ···---- ALSO INCLUDING THE FOLLOWING DHcrlptlon of part of Section 35, Township q9 South, R•nge 25 EHt, •nd p•rt of Section 2. Township 50 South, R•nge 25 Eut, Colller County, Florid• COMMENCE •l"an Iron pipe 1narklng the NortheHt Corner of Hid Section 2: thence North 19° 115' 01" West, 337 .n fHt along the North line of said Section Z for a POINT OF DEC:INNINC; thence South oo• 02' 19" East, 59.91 feet: thence South 19° 57' lll"·West, 2,300.70 feet: thence on • course traversing from Hid Section 35, South 19° 56' 02" West, 2,q111,7, ffft; thence North 115° llG' 16" West, 71.51 feet: thence North 01 • 28 1 311" West, 705. 25 feet lo the Easterly Lhnlled Access R/W Lina of S.R. 951 (Section 03175-211091: thence South 10° 211' lJ" East, 209.911 fHl: thence South 39° 52' 112 11 East. 209.91 feet: thence South 80° 113' 58" East, 709.38 feet: thence North 19° 56' 16" E111t, 1,5117.113 feet: thence South 89° 115' DI" Eost, 2.396.67 feet to the Southerly Existing Limited Access R/W Line of S.R. 93 f03175·2•1091: lhenca South oo• oz• 19" East, 200.00 feet lo the POINT OF DEGINNINC. Less and except the East 100. 00 feet thereof. Containing 30.835 acres, more or less. The entire proJect area Is 100.235 acres, . ----..... __ ... --·- l l { " ( 11 I! I -- EXHIBI'l' B SUBSTANTIAL DEVIATION SUFFICIENCY REPORT AND SUBSTANTIAL DEVIATION SECOND SUFFICIENCY REPORT ATTACHED BY REFERENCE HEREIN. aoor ()!)1.raGt ~ ···--~-------------- - n 0 r1 .. 0 < -~ .' r1 r-:JP.I ~ Ole I c ::0 0 •n I:"" ~ r;; t ;: s r1 -i. I:""> Zrl .. 0 ~ -i :;o N :gt'J l"J .. ~ ,, ~ ::0 z -· t1l PHASE I >< 54.$1 ..... ::c ACllCS .. H I m H 'T' Cf 8 --!; '"tr .... -.... .. -.. -.. n .,.. ;I "::' : -.,.. is ... 0 jJ .,,. ----... .,.. .. .. -.. " .. 0 0 CJ1 ---- - ~ .,.. .,.. ..... "I" -.. .. .. .. ,. .. ... ,.. <> ... C.R. 84 -.] / •/WUC/ 00. fl I I ?' ------"A" °II" '° l'Mcns I l'NICCl.S ~ I - '· r r - PL:l\NNED UNI'? D::. /E:.OPMENT TOLLGATE COMMERCIAL CENTER PREPARED BY: WILLIAM R. VINES, AICP VINES, & ASSOCIATES, INC. 715 TENTH STREET SOUTH NAPLES, FLORIDA 33940 (813) 262-4164 - DATE REVIEWED BY CCPC DATE APPROVED BY BCC:....,..2--1-1--9-2-- , ORDINANCE NUMBER 92-10 AMENDMENTS AND REPEAL.._ ___ _ IDOIC 051 PAG£ 79 l·:Xllill l'l' "ll" -- T~BLE or COHTEHTS LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV SECTION V '! ! PROPERTY OWNERSHIP ' DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS COMMERCIAL AREAS PLAN FOR PARCEL "A" COMMERCIAL/LIGHT INDUSTRIAL AREAS FOR PARCEL 11 B11 GENERAL DEVELOPMENT COMMITMNTS HD« 051 mt 80 -i- - ~ ii iii 1-1 2-1 3-1 4-1 5-1 - EXHIBIT A TABLE I LIS1 Of EX]JJBITS r.NP T~BLES PUD Master Plan Schedule of Development 6-1 2-2 ---·-----·----------- STATEMENT 01!' COMPLIA?ICE The development of approximately 100.23 acres of property in collier county and within an Interchan9e Activity center, as a Planned Unit Development to be known as Tollqate Col'l'IJl\ercial Center, will be in compliance with the planninq qoals and objectives of Collier County as set forth in thu Growth Manaqement Plan and it's provisions for Interchange Activity Centar development. This compliance includes: Activitv Center Proiect 1. The subject property is located in an area identified as an Interchanqe Activity Center in the Future Land Use Element (FLUE) of the Growth Mana9ement Plan for collier county. 2. 3. Interstate Activity Centers are the the concentration of commercial and activities. The subject tract is located on the intersection of CR-951 and CR-84. allows the site superior access commercial/industrial activities. pref erred locations for mixed use development· northeast corner of the This strateqic location for the placement of 4. The project is in compliance with all applicable county re9ulations. .In addition, the project complies with the Growth Mana9ement Plan with the adoption of the Plan amendment which allows for specifically approved heavy business/li9ht industrial uses to be developed in designated interstate activity centers. s. The project will be served by a complete ran9e of services and utilities as approved by the County. 6. The project is compatible with adjacent land uses throu9h the internal arranqement of structures, the placement of land use buffers, and the proposed development standards contained herein. 7. The Planned Unit Developmen~ includes open spaces and naturalized open features which serve as proje~t amenities. a. The project shall be developed in accordance with the approved Master Development Plan and the existin9 PUD document as approved. In addition, the project shall be developed in accordance with all Collier county requlations in effect at the. time of Final SOP or building permit application. 9. Bind the owner's successor in title to any commitments made under in this document. -iii- HOIC 051mt 82 I I I I I SECTION I PROPERTY OWNERSHIP ~D DESCRIPTION 1.1 PUBPOSE 1.2 Th• purpose of this Section is to ~et forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Tollgate commercial Center. LEGiL DESCRIPTION ColllJllencing at the southeast corner of Section 35, Township 49 south, Range 26 East, Collier county, Florida; thence along the east line of said Section 35 North 1•-56'-55" West-200.14 feet to a point on the north right-of-way line of State Road 84 (Alligator Alley); thence along said north right-of-way line, North 99•-45•-01" West 331.23 feet to a point of intersection of said north right-of-way line of State Road 93 (I-75), and the Point of Beginning of the parcel herein described; thence continue along said right-of-way line of State Road 84 (Alligator Alley) on the following five courses: 1) North 99•-45•-01" West 2398.66 feet; 2). South 89•-56 1 -16" West 1547.43 feet; 31 North ao•-43 1 -58" West 709.38 feet; 4) North 39•-52 1 -42" West 209.91 feet; 5) North l0•-24'-33 11 West 209.94 feet to a point on the East Limited Access, right-of-way line of State Road 93 (I-75); thence continue along said Limited Access, right-of-way line of state 93 (I-75) on the following nine courses: 1) North 3•-19 1 -52" East 285.34 feet; 2) North 23•-37 1 -28" East 149.83 feet; 3) North 64•-12•-39n East 149.83 feet; 4) North 86•-37•-01" East 778.54 feet; 5) South 87•-55 1 -12" East 318.82 feet; 6) south 79•-44 1 -38" East 318.32 feet; 7) South 74•-09 1 -17" East 1199.30 feet; 8) south 73•-00 1 -33" East 1904.96 feet; 9) southeasterly 233.67 feet along the arc of a circular curve concave to the northeast, having a radius of 116.2116 feet, subtended by a chord which bears South 75•-35 1 -07" East 233.67 feet to. the north right-of-way line of state· Road 84 (Alligator Alley); and the Point of Beginning of the parcel herein described; 1-1 --- being a part of south 1/2, Section 35, Township 49 south, Ranqe 26 East, Collier County, Florida; r,;~/" subject to easements and restrictions of record; .~1,. containing 69. 4 o acres of land more or less; l!.'.'. bearings are bl'lsed on Florida Department of Transportation :;·,. right-of-way map for State Road 93 (I-75). I~ ·~, ALSO INCLUDING THE FOLLOWING u. Description of part of Section 35, Township 49 South, Range ~ 26 East, and part of Section 2, Township 50 South, Ranqe 26 -~?c East, Collier county, Florida \jt\'. l'r; COMMENCE at an iron pipe marking the Hortheast corner of said ~i section 2; thence North 89• 45' 01" West, 337.83 feet alonq ~:~,. the North line of said Section 2 for a POINT OF BEGINNING; -. ~;_i!· thence South oo• 02' 19" East, 59.98 feet; thence South 99• If\~:· 57 • 41" West, 2, 300. 70 feet; thence on a course traversing :~ from said Section 35, south 89• 56' 02" West, 2,448.74 feet; ~ thence North 45• 46' 16" West, 71,58 feet; thence North 01• ·: 1 28' 34" West, 705.25 feet to the Easterly Limited Access R/W Line of S.R. 951 (Section 03175-2409); thence South 10• 24' 33" East, 209.94 feet; thence South 39• 52 1 42"· East, 209,91 teat; thence South so• 43 1 58" East, 709.38 feet; thence North 99• 56 1 16" East, 1,547.43 feet; thence south ·89• 45' 01" East, 2,396.67 feet to the southerly Existinq Limited Access R/W Line of S,R. 93 (03175-2409); thence South oo• 02' 1~~ East, 200.00 feet to the POINT OF BEGINNING. Less and except the East 100.00 feet thereof. containing 30.835 acres, more or less. The entire project area is 100.235 acres. Number of acres devoted to various categories of land use: Development area Water Management area Road Right-of-Way F.P.L. Easement GENERAL LOCATION OF PROJECT SITE 70.72 17.84 6.7 4,99 Tollq~te Commercial Center is located in the southeast quadrant of the Interstate I-75/CR-951 interchanqe, approximately five miles east of the Naples Airport at the eastern terminus of Davis Boulevard (SR 84). 1-2 aoor 051 PAGE 84 - -- 1.3 PROPERTY O!NERSRIP The subject proper.ty is currently owned by and under the unified control of Toll~at~ Commercial center, a Florida General Partnership. 1.4 GENERAL QESCBIPTION OP ?BOPERTY :AREA A. COMPREHENSIVE PL.l!.,N QESIGNATION; The project site is designated Interstate Activity Center on the Collier County Growth Management Plan. B. CUBRENT ZONING: The project site is currently zoned. PUD. C. EXISTING L.l!.,NP USE; At the present time the site is unoccupied except for a 104 room motel. D. hPJhCENT L.l\NP USE; The adjacent vacant at the present time. The corners of CR 951 and SR 84 gasoline service stations. lands are predominately northwest and southwest are presently used as The properties north of the I-75 right-of-way and the properties south of CR 84 are vacant. 1.s PHXSiciL QESCRIPTIOH The ,1evation of the project site varies from 9.8 feet to 11.6 feet. Tollgate co111mercial Center lies within Zone X as identified on the Federal Flood Insurance· Rate Map. Zone x is identified as those areas between limits of the 100-year flood and soo-year flood. This means that no development will be occurring within the 100-year flood prone area. A. SOILS; There are three types of soil cover on the project site. They are ·Arzell fine sands, Keri fine sands and Pompano fine sands. The d~stribution of these soil types is shown in Map E. B. YEGEThTIVE COVER: A breakdown of the vegetative cover 'of the project area is as follows: 1-3 aoor 051PAG!:. 85 ·. ·.·. ·-----, ____ _ -- VEGETATION COMMUNITY Pineland Saw Palmetto/Rusty Lyonia Transitional ZonQ/Cypress Functional Wetland Cabbage Palm Heads Improved/Platted Cleared/Filled Unplatted Former B/W F.P.L. R/W Total - ACREAGE 1.00 4.21 29.40 9.40 0.30 30.67 21.66 3.60 100.24 There are no unique features of the vegetation. All species and associations are "typical" for soil types common to pine !latwoods of level sandy areas of Collier county. c. WILPLIFE: Wildlife, observed or noted from tracks, nests, etc. consisted of the representative species, such as raccoon, snakes and wading birds, which normally occur in an habitat such as the Tollgate Commercial center site. No endangered or threatened species were observed on the site. o. HISTORICAL" OR .!\BCHAEOLOGIC.!\L SITES: John Beriault, Field Representative of the s.w. Florida Archaeological society, searched for such sites and believes none exist on the tract. E. F. HASTtwATEB HANAGEMENT: Waste water treatment is being provided by the Collier County sewage Treatment System. Temporary on-site wastewater treatment facilities !or which all necessary permits have been granted may be installed during any period of time in which sewage treatment service is not available from Collier county. WATER MANAGEMENT: The Water Management Plan provides for site runoff transport to a system of hardwood forest, marsh, and open water ponds. The Water Management Plan is designed to meet SFWMD and County criteria. Minimum road elevations and discharge control will be designed for the 25-year 3-day rainfall event. The finished floor elevations will be established by the 100 year-zero discharge design event. 1-4 eoair 051PACE 86 I -- G. WATER SUPPLY: Potable water is bein9 supplied by the Collier county water-sewer District. Non-potable water utilized for landscape irri9ation and other non-human consumptive uses will be procured from on-site well~, or from the County treate~ sewage effluent distribution system. H. SOLIQ WASTE: Solid waste is being disposed of at the Collier county Sanitary Landfill. Collection is provided by Waste Management of Collier county, a franchised hauler. I. ELECTRICITY; Electricity is being provided by the Florida Power & Light Company, Inc. J. POLICE PROTECTION: Police protection is provided by the· Collier County Sheriff Department. K. FIRE PROTECTION: Fire protection is provided by the Golden Gate Fire Control and Rescue District. L. TELEPHONE: Telephone service is provided by United Telephone of Florida. tOOIC 051 PlCt 87 1-5 ·~--------- --- SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PtzBPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENEBl\L A. Regulations, requirements and references for development of Tollgate commercial Center shall be in accordance with the contents of this document. Where these regulations fail to provide development standards, then the provisions of the most similar district in the Collier county Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code. c. All conditions imposed and all graphic material presented depicting restrictions for the development of Tollgate Commercial Center shall become part of 'the regulations which govern the manner in which the PUD site may be developed. D •. Unless specifically waived provisions within this PUD, not otherwise provided for force and effect. through variance or waiver those applicable regulations in this PUD remain in full E. Each tract, as identified on the Master Plan, shall require the submittal, review and subsequent approval of a Site Development Plan prior to the issuance of a Final Local Development Order. 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND ll.§.ll A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Deve1'>1,ment Plan. 2-1 IDOi 051,Alit· 88" ,• •' --- SCHEQULE or DEVELOPMENT Project development i~ underway and will continue to build- out. The following schedule indicates completion dates for the various Phase boundaries are indicated Plan. the anticipated start and projnct development Phases. on the Master Development TABLE I % OF EHA~E: A!::BtA~E: ~Il'.t ~IABI !::QI:IELCE: I 54.51 54.4 1988 1993 II 26.44 26.4 1992 1995 III llhdl2 --12...l. 1993 1996 TOTALS 100.24 100.0 A. Table I is a schedule of Development, with the approximate acreage ot the total project indicated. The arrangement of these land areas are shown on the PUO Master Development Plan (Exhibit "A"). The Master Development Plan is an illustrative preliminary development plan. Design criteria and layout is illustrative on the Master Development Plan and other exhibits supporting this project. It shall be understood that these exhibits are to remain flexible so the final design may satisfy development objectives and be consistent with the project development, as set forth in this document. Minor changes to the master plan shall be subject to the provisions of Section 2.7.J.5, Division 2.7, Article 2 of the Collier county Land Development Code. The final size of the open space lands will depend on the actual requirements tor drive patterns, parking layout and requirements, and development parcel size and configuration. aoor 051 PAGE 89 2-2 --- B. In addition to the various areas and specific items shown in Exhibit "A", such utility and other easements as are necessary shall be established within or along the various tracts. 2.4. RELATED PROJECT PLli}f ~PPROY~L REOUIREH.filil.Il A. Prior to the recordinq of a Record Plat, for all or part of the PUP, final plans of all required improvementc shall receive approval of the appropriate Collier County qovernmental aqency to insure compliance with the PUP Master Plan, and the Collier county Land Development Code. B. Exhibit "A", PUP Master Development Plan, constitutes the required PUP Development Plan. Subsequent to or concurrent with PUP approval, a Preliminary Subdivision· Plat, it applicable, shall be submitted !or any area to be subdivided. Any division of property and the development ot the land shall be in compliance with the Collier County Land Development code and the plattinq laws of the state of Florida. c. The development of any tract or parcel contemplating fee simple ownership of land shall be required to submit and receive approval of a Preliminary subdivision Plat in conformance with requirements of Division 3.2, Article 3, of the Collier county Land Development Code, prior to the submittal of construction· plans and plat for any portion of the tract or parcel. D. Appropriate instruments will be provided at the time of infrastructural improvements reqardinq any dedications and method !or providinq perpetual maintenance of common facilities. · E. The developer or subsequent owner o! any platted parcel or platted tract shall, prior to application for a buildinq permit, submit.a Site Development Plan (SDP) or Preliminary Subdivision Plat for that tract or parcel to the' Development Services ·oepartment for approval for applicable development subject to the provisions of Division 3.3, Article 3 of the Collier· County Land Development Code. IOOW ()!jj_PAGt {)() 2-3 '~-·····---------·--~ --.. 2.5 NiENDMENTS TO PUP QOCUMENT OR PUP Ml\STEB PtnH Amendments may be made to the PUD as provided in section 2.7,3,s,1, Division 2.7, Article 2 of the Collier County Land Development Code. 2.. LIMITbTIONS or PLANNED UNIT PEYELOPMEHT ~PPROVbL As provided for within Section 2.7.3.4, Division 2.7, Article 2 of the Collier County Land Development Code. 2.7 POLLING PLbCES As provided for in Section 3.2.8.3.14, Division 3.2, Article 3 of the Collier county Land Development Code. 2.8 POP MONITORING An annual monitoring report shall be submitted pursuant to Section 2.7.3.6, Division 2.7, Article 2 of the Collier county Land Development Code. IDDIC 051 PAGE 91 2-4 ·. _________ , .... --- SECTION III COMMERCI~L AREAS PL.i\H 3.~ PURPOSE The purpose of this commercial Uses and applied to the areas Parcels. Section is to identify the type of development standards that will be so designated on Exhibit "A", as "A" 3.2 D!jVl':LOPMEN'l' INTENT FOB Pl\RCEL 11 A11 It is the intent of this document that "A" designated development parcels be used for commercial purposes which serve the motoring public using Interstate I-75 as well as. providing limited commercial goods and services of an areawide nature for the Naples, Marco Island, Golden Gate and the Immokalee urban areas. Further it is the intent of this document that "A" designated development parcels shall be used in accordance with all current Federal, State and County regulations in effect at the time final local development orders are issued except as specified otherwise in this document by the Collier County Board of county-.commissioners. 3.3 uqES PERHITTED No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or · part, for other than ~he following: A. Principal Uses No building or structure, or part thereof, shall be erected, altered or used or land or water used, in whole or in part for other than the following: (a) (b) Automobile service stations including engine tune- ups and minor repairs, and car wash facilities which are accessory uses. Banks and financial institutions, business and professional offices. (c) Cocktail lounges and commercial entertainment. (d) Convention and exhibition halls. J-1 HQIC 051m.t 92 ··" --- (e) Department stores; druq stores; dry cleaninq shops and dry qoods stores. (f) Electronic qames and furniture sales. (g) Ice cream shops and dairy drive-in stores. (h) Motels; hotels facilities. and other transient lodging (i) Research and desiqn labs; restaurants and fast food restaurants. (j) Shoppinq centers. (k) Souvenir stores and stationery stores. (1) Supermarkets. (111) (n) Variety U-haul outside outside stores; vehicle rental-automobile and type of vehicles and equipment includinq display; veterinary offices and clinics; no kennelinq. Any other commercial or professional service which is comparable in nature with the foregoing uses and which · the Planninq Impementation Director determines to be compatible in the district. ·~·a·: Permitted Accessory Uses and structures (a) (b) Any accessory uses or structures customarily associated with the permitted principal uses and structures. Caretakers residence. ---c; -:-.. Permitted Provisional Uses and Structures (a) (b) Car wash facilities which are principal uses. Permitted uses with less than one thousand (l,000) square feet qross floor area in the principal structure. 3.4 peyelopment standards (1) Minimum Lot Area: Ten thousand (10,000) square feet. (2) Minimum Lot Width: One hundred (100) at the front buildinq setback line. 3-2 IDDIC 051 PAr,t 93 ---··-------·---------.. feet as ~easured : : --- (3) Minimum Yard Requirements: (a) (b) (c) (d) Front Yard -Twenty-fiva (25) feet plus one (l) foot for each two (2) feet of buildinq heiqht over fifty (50) feet. Side yard -None or a minimum of five (5) feet with unob3tructed passaqe from front to rear yard for non-residential uses. Fifteen (15) feet for motels, hotels and transient lodqinq facilities plus one (l) foot for each two (2) feet of buildinq heiqht over fifty (50) feet. Rear Yard -Twenty-five (25) feet. Waterfront -Twenty-five (25) feet from the normal water line of any artificially created body of water, excludinq observation decks, bridqes and walkways. (4) Maximum Heiqht: One hundred (100) feet. (S) (6) (7) Minimum Floor Area of Principal Structure: one thousand (1,000) square feet per buildinq on the qround floor, except that gasoline service stations and. other permitted areas for which the principal activity does not occur in a structure shall not require a minimum floor area. Maximum Density: Twenty-six (26) units per qross acre of land for hotels, motels or transient lodqing facilities. Distance Between Principal Structures on same site: one-half the sum of the heiqhts. (8) Signs: As required by Division 2.S of the Land (9) (10) (11) Development Code. Minimum Off-Street Parkinq and Off-Street Loading Requirements: As required by Division 2.3 of the Collier County Land Development Code. Minimum Landscapinq Requirements: As required by the collier County Land Development Coda. outside Merchandise Storage and Displaying: Unless specifically authorized by this PUD document or by an approved Site Development Plan, outside storage or display of merchandise is prohibited. 3-3 aooc 051PAc.t 94 -----------·-···---··- --- SECTION IV COMMERCIAL/LIGHT INDUSTRIAL USES 4.1 PURPOSE The purpOSA of this s~ction is to identity the type of commercial/Industrial Uses and development standards that will be applied to the areas desi9nated on Exhibit "A" as "B" Parcels. 4.2· PEVELOPMENT INTENT TOR U.RCEL "B" It is the intent of this document that "B" desiqnated development parcels by used tor both "A" desiqnated uses and tor the sale, service, transportation, storaqe and distribution of qoods and service to the travelinq public on · I-75 and to the citizens of the area which can be served via the access road systems. A major function of these point tor the arrival of reqion and country and then the local trade market. parcels is to serve as a focal goods from other points of the be processed tor distribution to It is intended ~hat inside storaqe and warehousinq alonq with limited assembly and manufacturinq wholly within a building and not obnoxious by reason ot emission ot odor, fumes, dust, smoke, noise or vibration be permitted. Further, it is the intent of this document that "B" desiqnated Parcels be used in accordance with all of the current Federal, state and County regulations in effect at the time final local development orders are issued except as specitied otherwise in this document or as may be approved otherwise by the Collier county Board of commissioners. 4.3 USES PERMITTED No buildinq or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part ot other than the following: A. Principal Uses: (a) Any principal use or structure permitted on "A" designated development parcels. (b) Assembly operations in an enclosed building. 4-1 aooc 051mt 95 - B. c. -- (c) Building supplies and contractors storage facilities; bulk storage yards not including junk or salvage yards. (d) Car wash, communications service and equipment repair. (e) Freight movers and storage. (f) Laboratories, research, design and testing; laundries; lawn maintenance shops and plant nurseries; light manufacturing or processing (include food processing but not abatoir; packaging or fabricating in a completely enclosed building). (g) Miscellaneous uses such as express office; telephone exchange; motor or bus or truck or other transportation terminal and related uses; motorcycle sales, service and repair; museums and tourist attractions. (h) New and used car sales, including outside display. service and repair ( i) (j) (k) Offices, general purpose. Warehousing, wholesaling, storage and distributing establishments and similar uses. Any other commercial or professional use WQich is comparable in nature with the foregoing use's and which the Planning Implementation Director determines.to be compatible in the district. Permitted accessory Uses and Structures; (1) Any accessory use or structure. customarily associated with the permitted uses and structures. Pepnitted Provisional Uses and Structures; ( 1) (2) Attached residence in conjunction with a business - one (1) per business. Permitted use with less than 1,000 square feet gross floor areas in the principal building. 4-2 aoor 051 PAc.t 96 --- 4.4 pEVljLOPHEN'l' ST1\NP2\RDS (1) (2) (3) Minimum Lot Area: Ten thousand (10,000) square feet. Minimum Lot Width: One hundred (100) feet as measured at the front building setback line. Minimum Yard Requirements: (a) (b) (c) (d) Front Yard -Twenty-five (25) feet. Side Yard -Non, or a minimum of five (5) feet with unobstructed passage from front to rear yard for non-residential uses. Fifteen (15) feet for hotels, motels and transient lodging facilities plus one (1) foot for each two (2) feet of building height over fifty (50) feet. Attached residences shall be treated as non-residential. Rear Yard -Twenty-five (25) feet. Waterfront -Twenty-five (25) feet from the normal level of any artificially created body of water, excluding observation decks, bridges and walkways. (4) Maximum Height: One hundred (100) feet. (5) (6) (7) Minimum Floor Area of Principal Structure: One thousand (l,000) square feet per building on ground floor, except that gasoline service stations and other permitted uses for which the principal activity does not occur in a structure shall not require a minimum floor area. Maximum Density: Twenty-six (26) untts per gross acre of land for hotel, motel and transient lodging facilities. Distance Between structures: One-half the sum of the heights. (8) Signs: As required by Division 2.5 of the Collier County Land Development Code. (9) Minimum Off-Street Parking and Off-Street Loading Requirements: As required by Division 2.3 of the Collier County Land Development Code. 100" 051mt 97 4-3 --- (10) Minimum Landscapinq Requirements: As required by the Collier County Land Development Code. (11) Merchandise authorized Development generally, prohibited. Storage and Display: Unless specifically by this ·. PUD document or an approved Site Plan, or of a nature which is permitted outside storage or diplay of merchandise is IDQr 051 PAGl 98 4-4 '· ·\ ~ ·- SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of thi3.Section is to set forth the standards for the development of the project. 5.2 Pup ttASTER PLAN A. The PUD Master Plan is an illustrative preliminary development plan. B. The design criteria and layout illustrated in the Master Development Plan shall be interpreted as preliminary and understood to be flexible so that the final design may best satisfy the project and comply with all applicable requirements. Minor design changes shall be permitted subject to Staff approval. c. D. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. Overall site design shall be harmonious in terms of landscaping, enclosure of structure, locations" of all improved facilities, and location and treatment of buffer areas. 5.3 EHGINEERING .. . . A. The developer and all subsequent petitioners are hereby placed on notice that they shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. This includes, but is not limited to, Preliminary Subdivision Plats, Site Development Plans and any other application that will result in the issuance of a final or final local development order. B. The project shall be platted in accordance with the Collier County Subdivision Code to define the right-of-way, tracts, and water management areas as shown on the master plan. 5-l aoow 051 PAGt 99 ·--~--~""''-~'·' . ·-~------,._,,., .. , ___ __.,_ ... _,_..._, ..... ~.- ' .... ~ , . ·--··1 .,.w,,_, .. --- c. Landscaping shall not be placed within the water management areas unless specifically approved by project Review Services. D. Provide a landscape buffer along the entire southern property line in accordances with Section 2.4.7.4 of the Collier County Land Development Code. Should the South Florida Water Management District, during it's permit review process, require a natural vegetative buffer be created between the lots and any jurisdictional wetland Preserve and/or Conservation tract, the buffer shall not be located within the boundaries of the lot(s) unless otherwise waived by the South Florida Water Management District. It shall be created as a separate platted tract or as a buffer easement over an expanded limit of the Preserve tracts, which would be dedicated as Preserve/Drainage tracts, to include the buffer within the Preserve tract. If the buffer is located within a separate tract, that tract shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and if necessary, to Collier county with no responsibility for maintenance. All Preserve buffer easements or buffer tracts shall be created in conformance with the provisions of Chapter 704.06, Florida statutes. F. Land Development Code, Section 3.2,8.4.16.6 -Dead end streets maximum length not to exceed 1,000 feet: Waived to a maximum length of 1,050 feet. G. Land Development Regulations, Section 3.2.8.4.16 -All local streets within commercial subdivision shall be designed according to the typical section for collector streets contained in the County Standards. Waived subject to right-of-way and other dimension requirements for the roads to meet local street standards and the pavements structure to meet collector standards. aoor 051PACE100 5-2 .•. .J -------·-··-·-". -~~------· H. Land Development Code, Section 3.2.8.4.7 -Easements: I. Utility easements will be provided as needed with Collier County utility easencnts (C.U.E.) at a minimum of fifteen (15) feet. Land Not and Development Code, Section, 3.2.8.3.17 -Sidewalks: waived since existing phase already has sidewalks it will maintain the continuity for pedestrians access purposes. 5.4 UTILITIES A. B. c. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. The on-site water distribution system to serve the project must be connected to the existing water ~ain on Tollhouse . Drive and/or CR-84 rights-of-way consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, dead end mains shall be eliminated by looping the internal pipeline network. o. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is IDDIC 051PAGE101 5-3 --- 5.5 E. transmitted by one (1) main on-site pump station. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the county's sewer master plan. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. F. The existing off-site sewage transmission facilities of' the district must be evaluated for hydraulic capacity to serve this project improved as required outside the projects boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. HATER MAHaGEMEHT AND ENGINEERING A. Detailed paving, grading, site drainage and ·utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. B. c. D. Work within Collier County right-of-way shall meet the requirements of Collier county Right-of-Way ordinance No. 82-91. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code. The standards related to depths may be modified in accordance with DER and ACOE permits. Each building site will be required to provide a minimum 1/2 inch of dry pre-treatment on site, unless otherwise waived by South FlorJ.da Water Management District. aooic U51PAGE102 ·:.. --- S.I ENVIRONMENTAL A. All jurisdictional wetlands and mitiqation areas on-site shall be desiqnated as conservation/preserve tracts or easements on all construction plans and shall be recorded on the plat with protective covenants similar to or as per Chapter 704.06 of the Florida Statutes. B. In the case o! mitig~tion oft-site any purchase must be within the Conservation and Recreational Lands (CARL) or the Corkscrew Regional Ecological Watershed Lands (CREW) or other areas approved !or mitigation by the Florida Department of Environmental Regulation. The ultimate transfer of deed(s) o! land(s) to Florida Department of Natural Resources, Division of State Lands must occur prior to final construction plan/plat approvals. c. Control structures on-site shall be constructed in· accordance with state and Federal permits. J[ATER MAHAGEMEHT A. Detailed paving, grading, and site drainage plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordanee with the submitted plans is 9ranted by Project Review Services. B. c. o. E. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier county Subdivision Re9ulations. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier county Land Development Code. The standards related to depths may be modi!ied in accordance with DER and ACOE permits. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. Each building site will be required to provide a minimum 1/2 inch of dry pre-treatment on site, unless otherwise waived by South Florida Water Management District. mw ff51P~'>~103 ''''~-~------·-"·--"''''""''~-----·o--•'' --- s.a TRANSPOBT~TION '', ·. A. B. c. o. The final location of major access points along Davis Boulevard shall be determined during the SMP process. such major access points shall provide primary access and internal road circulation and snall typically include turn lane improvements based on projected traffic conditions. Secondary access points between Davis Boulevard and individual parcels shall bP prohibited unless approved consistent with Ordinance 82-91 as may be amended and with the following access control criteria: 1. safety 2. proper geometric design 3. effects on the capacity of Davis Boulevard 4. traffic volumes using the proposed access point 5. other roadways providing access to the site 6. the combined effect of access to any and all tracts both within this PUD and adjacent PUD's 7, spacing of access points Collier County reserves the right to close any approved secondary access to and from Davis Boulevard should it at any time be found to create a traffic hazard or to adversely affect the capacity or level of service of that roadway. The road impact fee shall be as set forth in Ordinance 85-55, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of county Commissioners. Access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747 Florida Statutes. TOLLGATE PUD OOCUMENT/md aD0( 051 PAGE 104 5-6 -----------·······--------· "':" Ci 6 ..,. .. rl ..,.. ~ ..... --..... -... ,, ....... -.. -.. ---II U. II .... ,. ,.Allens I l'ARCa.S -. -.. -.. N 0 0 r...J::. II J: :s [ZJ "'i c: ::0 0 "O t'"" >s r"' > ... 0 '"i :g[ZJ [ZJ .... z ~ ::0 c l"'1 < l"'1 r I 0 !!:.'.: ~~( l"'1 -t. ZM -t ;o .,, r )> z I I '':;':it~ '' 'to .. ~.!:; . , .... ~,-.. , .. f ... :,,.~ '·· Winiam R Vines. president member, AICP 715 tenth street south naplea florid• 33940 813•262'4164 ·. Dear Mike: February 10, 1992 Mr. Michael Volpe County Commission Chairman Collier County Government Complex 3301 East Tamiami Trail Naples, Florida 33962 I have discussed the suggestion that you made regarding modification to the ·Housing section of the Tollgate Development Order with the project owners and with the project attorney, Don Pickworth. All agree that they prefer the language set forth In the draft Development Order which has been furnished to the Board. If, however, It Is necessary to modify the language to conform it to the suggestion you made in order to secure Boa.~d approval, they would agree to the attached adjusted language. Sincerely, ;;:;.,;; ... ~.\Q._-- William R. Vines .,.,WRV/cbm Enclosure IOQIC 051PAGE 106 ·----------·--- . ' •• .• •• ... ORDINANCE 93-91 AN ORDINANCE AMENDING ORDINANCE NUMBER 92-10, THE TOLLGATE COMMERCIAL CENTER ~7f,>7J2823:JO PUD, BY PROVIDING FOR: SECTION ONE WHICH ~ ~~ ENDS SECTION J.4, DEVELOPMENT .. ~~ 'l:J \ ANDARDS, BY CHANGING SUBSECTION (10) f:I '-.; ~~ M NIMUM LANDSCAPING REQUIREMENTS; SECTION ·~ ·i ·~ -c N ~ 0 WHICH AMENDS SECTION 4. 4, DEVELOPMENT ~ -@ ~fJ:.~ ANDARDS, BY CHANGING SUBSECTION (10) ~ q,: ~ NIMUM LANDSCAPING REQUIREMENTS: dJ. ~ ECTION THREE WHICH AMENDS SECTION 5.3 <~D O~ ENGINEERING, BY CHANGING SUBSECTION D; l:'szi.1tL't\.\\ AND SECTION FOUR, WHICH PROVIDES AN EFFECTIVE DATE. ... ·.~ . ..,, "" ~ ·~ -~\,.) ·v-:"J:: ..... ~ 'to ~ ..... WHEREAS, on February 11, 1992, the Board of County Commissioners approved Ordinance Number 92-10, which established the Tollgate Commercial Center Planned Unit Development, ,- f1' r~' WHEREAS, William R. Vines and Associates, Inc., representing Ashley M. Papineau, of Tollgate Commercial Center, petitioned the Board of County Commissioners to amend Ordinance Number 92-10, by further amending Section 3.4(10) and 4.4(10) and 5.3 D thereof: NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION Subsection 3.4(10) Development Standards, of Ordinance 92-10, The Tollgate Commercial Center Planned Unit Development, is hereby amended to read as follows: 3.4 DEVELOPMENT STANDARDS (10) Minimum Landscaping Requirements: ,\s required by the Callier Ceunty Land Develepment Cede, a. Landscape buffer width requirement adiacent to CR-84 and CR-951; CR-84. 5 feet and CR-951. 10 feet with the landscape installation requirements set forth in the Land Development Code Section 2.4.7.4 alternative D. b. Landscape buffer width requirement adiacent to interior platted streets: 5 feet with alternative A of subsection 2.4.7.4 of the Land Development Code buffer standards. c. Landscape buffer width requirement adjacent to side lot lines: 5 feet for lots which are independently developed with discreet off street parking and drive systems; none for lots which are deyeloped with an off street parking and drive system which is planned to extend across one or more side lot lines so as to serve in common the adjoining lotCsl. d. All landscape requirements of Division 2.4 of the Land oevelopment Code not in conflict with a. b. and c shall be applicable, e. Landscape buffer plans shall be incorporated in spp applications for each individual development site. &DOK U64 PAGt 383' Words underlined are additions: Words struelt threuah are deletions. ' -.. .. ·StCTION TWO: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION Subsection 4.4, Development standards of Ordinance 92-10, the Tollgate Commercial center Planned Unit Development is hereby amended to read as follows: 4.4 DEVELOPMENT STANDARDS (10) Minimum Landscaping Requirements: As required by the Callier Geul'lty Lal'ld Develep111el'lt Cede-r- a. Landscape buffer width requirement ad1acent to CR-84 and CR-951: CR-84. 5 feet and CR-951. 10 feet with the landscape installation requirements set forth in the Land Development Code Section 2.4.7.4 alternative o, b. Landscape buffer width requirement adiacent to interior platted streets; 5 feet with alternative A of subsection 2.4.7.4 of the Land Development Code buffer standards. c. Landscape buffer width requirement adiacent to side lot lines: 5 feet for lots which are independently developed with discreet off street parking and drive systems; none for lots which are developed with an off street parking and drive system which is planned to extend across one or more side lot lines so as to serve in common the adioining lotCsl, d. All landscape reguirements of Division 2.4 of the Land Development Code not in conflict with a. b. and c shall be applicable, e. Landscape buffer plans shall be incorporated in SOP applications for each individual development site. SECTION FOUR: AMENDMENT TO ENGINEERING SECTION Section 5.3, Engineering, of Ordinance 92-10, as amended, the Tollgate Commercial Center Planned Unit Development, is hereby amended to read as follows; 5.3 ENGINEERING d. Provide a landscape buffer along the entire southern property line in accordance with Section 2,4,7,4 and 3.4C10l and 4.4Cl0) of this PUD. SECTION FIVE: EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of Cou~ty Conu:iss~oners of Collier ~ou~~y, Florida this ,/'~ day of ~ , 1993. JJ) it .J I• ~ . .,, , " ..... ' ·. AS:.·To· FORM AND LEGAL SUFFICIENCY ma,~ dYl· ~"'-~ ~~~o~~~E~i.roRNEY !ODK CJ64 mt 384 AMENDING ORDINANCE NO. 92-10/mh COMMISSIONERS IDA Words underlined are additions: Words etruelt threuah are deletions. _.,_ STATE OF FLORIDA COUNTY OF COLLIER I, DWIGHT E. BROCK, Clerk o'f Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 93-91 which was adopted by the Board of County Commissioners on the 14th day of December, 1993, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of December, 1993. . . \ \ •\: 1; DWIGHT E. BROCK • · · Clerk of Courts and Clei-k Ex-officio to Board of.,• County Commission rs &OOK 064 PAGE 385 .. .. ,.,- ~""' , .. . . '~: .. ' . ·.( .: ... ..... DEVZLOPMEll'r ORDER 92-__.1_,,....en f&ihtDARY 11, 1992 RESOLUTION NUMBER 92-100 A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1 OP 'l'HE TOLL GATE COMMERCIAL CENTER DEVELOPMENT OR REGIONAL IMPACT (ORI) BY PROVIDING FOR: SECTION ONE A AMENDING THE TRANSPORTATION COMMITMENTS; SECTION ONE B ADDING DRAINAGE/WATER QUALITY/WETLANDS COMMITMENTS; SECTION O!fB C ADDING WASTEWATER MANAGEMENT/WATER SUPPLY COMMITMENTS; SECTION ORB D ADDING HOUSING REQUIREMENTS; SECTION O!fB B ADOIHG GENERAL COHSIOZRATIONS; SECTION on p ADDING POD DOCUMENT; SECTION ONE G DELETING OH'TITLED SECTION 4.D; SECTION ONE H AMENDING THB TERMINATION DATE; SECTION ONE I A'rl'ACHING THE MASTER PLAN; SECTtO?f TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW AND SEC'l'ION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, 'l'RAHSMI'rl'.AL TO DCA AND EFFECTIVE DATE. WHEREAS, th• Board of County C01111issioners of Collier County, Florida approved Development Order 84-1 on January 17, 1984, which approved a Development of Re<Jional Impact (DRI) known as Toll Gate ' ~.; ~ ·.·~. cc-ercial Center; and WBEREAS, the Application tor Development Approval (ADA) was into and by reterence aade a part of the Development . . Orderl and ;;;.: f;J• llBEREAS, th• real property which i• th• subject of the Devel- ~:,as-ent Order is leqally described and set forth in Exhibit "A" to the Deftlop11ent order; and WHEREAS, th• owners of the DRI property desire to expand the ORI ~;and WHEREAS, Willia• R. Vines, representing Toll Gate Commercial center, petitioned the Board of County Commissioners of Collier County, · Plorida, to amend the Development Order; and WHEREAS, the Collier County Planninq CoJ11J1ission has reviewed and -considered the report and recomDendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearin9 on the petition on January 2, 1992; and WHEREAS, the Board of county Commissioners of Collier county has reviewed and considered the reports of the SWFRPC and the Collier I County Planninq CoJllJlission and held a public hearing on the petition on II 000~,~.~111 -1- FEB I I l93'l January 14, 1992, vhich hearinq vas continued to January 28, 1992; JfOlf, THEREl'ORE, BE IT RES<j>LVED BY COIGIISSIORERS OP COLLIER COUNTY, FLORiDA that: SECTIOll Olm: AMENDMENT OF DEVELOPMENT ORDER THE BOARD OF COUNTY A. Section 4.C.3., Transportation, of Development order 84-1 for the Toll Gate Colalercial Center is hereby amended to read as follows: 3. TRANSPORTATION: t'ran•po~ation-.enerated-hy-9oll-6ate-eemaereiol-eenter7 vllen--eea1'ined--vith--ether--.rovth--in--the--oree7-vill neee••itate----interseetion----i•prove•ent1----ot----the interseetion--of-eR-9Si--a"d-SR-84T---ether-iaprovements aay--a!eo--he--ref.111ired--a1--dete!'lllined-hy--a-aoniterin9 pr04J!'&•T B1ct1111endott1n1t a? 'lh•--app!ieant--shall--.,.-ref.111ired--to-poy--f or-the •i4Jl'alieatien7--t•rn-lanes--and-ether--i•proveaent1 de•••d-neeessary-hy-the-eo•nty-Bn9ineer-or-PBe~-for the-interseetien-ef-eR-9Si-vith-Bavi1-Bo•leverd-tSR 84tT---4flle•e-i11prove••nt•-•hel!-1'e-aade-at-the-time thet--this-intereeetion-is-fo•nd-to-exeeed-level-of •erviee--•e•T--Serviee-!eve!-detel"Jlination-sholl-he aade--hy--either--the--eo!lier--eo•nty--Bn9ineerin9 Bepe~•ent--or-PBelfT---9e-thi•--end7-the--appiieant shol!--••bmit-an--ann•ei-aonitorin9--report-to--the eollier--ee•nty-Bn9ineerin9-Bepartaent;--the-Noples teollier--eo•ntyt-MTPT9T;--PBeCl7--and-the-So•thvest Plorida--Re9iona!-Plannin9-eo•neil-for-revievT--~e f irst--•oniterin9-repert-shall-he--s•bmitted-ot-the ti•e--of--i1s•anee--of--the--first-eertifieetes--0£ eeeltpeney-for-9oll-6ete-ee11J1ereial-eenterT--Reperts shall--he-••hmitted-enn•elly-•ntil--~ildo•t-of-the pro;eetT---'lhis-repe~-•hall-eontein-treffie-eo•nt1 teken--at-the-eeeess-points-to-the-site-and-t•rnin9 •oveaent1-at-the-eR-95tf SR-84-interseetionT hT Koniterin9--Bavis-Bo•leverd--to--dete1"J1ine-it1-need fer--fe•r-lenee-ehell-he9in--vith-Phese-iT--At--the ti•e-that-the-portion-of-Bavis-Bo.levard-froa-Radio Road--to-eR-9St-i1-f o•nd-to-exeeed-level-of-1erviee •e•--thy-the-eo!lier-eo•nty--Bn9ineerin9-Bepartment er--PBe9t;-the-applieent-shell-he-ref,f11ired-to-pay-a preportionel--ehare-of--the--eo1t-of-tvo--lene-road eon1tr.etion7--exel•din9-ri9ht--of--vay7-thro•9h-an ereovide--f•ndin9--pr09ro•T---'lhia--shere--vill--he detel"Jlined--at--the--tiae-of--f•ll-h•ildo•t--0£-the pro~eet7--to--the--totel--vol••e--of-the--pro;eeted tref fie-elen9-the-reedveyT OT At--the-tiae--that-the--eounty-En9ineer--dete!'lllinea that-eR-95t-froa-l-?5-to-Bavia-eoulevard-tSR-94t-is found-to-exeeed-level-of-serviee-•e•;-the-epplieent ahell--he-ref.111ired-to--pay-a-proportional--shore-e£ the--eeat-of-tvo-lene-road--eonstr11etion7-exe%~ding right-of-vey7--thro~9h-en-ereavide-f•ndin9-pro9ramT 9he--applieant~s--1hare--1ho•ld--he--de~ermined--es o~tlined-in-Reeelllllendetion-bT Alternatives: Impact Fees: if Since Collier County ~ adop~s -''"" adopted an impact fee for development, this fee can be substituted for the proportional payment outlined b9loy. to the extent authorized by the terms of the impact tee ordinance *n---the reee .. eftdatiens. Any external road improvements already paid for should be credited towards the overall fee charqed th• applicant. A... Tb• applicant or his successor shall be tully respon1ibl1 for 1it1-related roadway and intersection iiaproymgent1 required within the Toll Gate commercial center DBI. The applicant shall be required to pay the tull cost tor any site-related intersection iaproyaments <including but not liwitesS to signalization. turn lanes and additional through lanes> tqynd to be necessary by Collier County for the pro1ect's access intersections onto CB 84. '·"--·',.... ,. .. ., ll.. Tb• applicant shall m,oke a proportional share contribution to proyide the necessary transportation iaproyements. including design and engineering. utility relocation. right-of-way acquisition. construction. construction contract acSainistration. and construction inspection necessary to maintain the adoptesS level of service for the folloying significantly impacted regional roadyoys through pro1ect buildout in 1996: SR 84 <Dayis Blyd.l -Radio Rd. <CB 8561 to CB 951 CR 84 -CB 951 to pro1ect west entrance CB 951 -Vand,erbilt seacb Rd• to Pine Ridge Bd· <CB 1961 Battlesnake Hallll()Ck Rd· -County Barn Rd· to CB 951 Santa Barbara Blyd. -SR 84 Cpayis Blyd.l to RattlesnakA Hagock Rd. Vanderbilt Beach Rd· -Airport Rd• CCB 31) to CB 951 Radio Rd. CCB 8561 -Kings Way to Santa Barbara Blyd. If any of the road segments identified in this paragraph beCome deficient in the future. the County shall establish an Area of Significant Intluence CASI> around such segment pursuant to the Collier County Adequate pyblic Facility Ordinance. ~ Tb• applicant shall make a proportional share contribution to the necessary improvements. including but not limited to. right-of-way. cost of signalization. turn lanes. and other improvements deemed necessary by FOOT or Collier county. or other appropriate jurisdiction. to maintain the adopted leyel of service for the following significantly impacted off-site regional intersections through pro1ect bµildout: -CR 95/1-75 ramps -SR 84 cpayis Blyd.l/CB 951 -3- _SR 84 cooyis Blyd.l/Rodio Rd. _SB 84 cooyis Blyd.l/Sonta Barbaro Blyd. _Radio Rd./Santa Barbara Blyd. i iti tion ot the improvements Tb• timing tor the dnti a •s• and "C" ab9ve shall outlined in recowmen_a __ ons - -t or be made at the ti•• that I regiona~e;~adtg:a:~gDted intersection i1 pro1ecte1 to 1 :~el deteppination 1 1 ot seryice. Sery_ce ------ i th :ill~1, r~=1t 0fl~*!:1i~~es!~gi!:i~!!!m; ~g: it!17~:nt shall sumait a~nnuath:onii~ii~~ ort to collier County. -· h t S:~artment of COJ111Unity Affairs And the ~OUtjrlTile Florida Regional Planning council tor rey ~~i year !~i:i ~g~ij~;~~c;e~¥r£h:hi!tn~~:~;=~if.enie~~~£i for the Toll Gate C01Q1erc_a_ til tter shall be sybJgittld anoyally thereafter yn a 1Nildout of the pro1ect. and at a minimumt sh?ll contain peak 1eason peak hour counts and ur~ ~a t at each approved access po_n • woyemen_s ---i t tion shall be Additional monitoring reportn ormaii that IUPPlied II required by County po __ cy. AS policy llAY be •9ditied trom time to time. d 1 ent mix of the Toll Should the ey1ntyal1y1 OJ?lDh h t the trip ~te Commercial center DBI be sue_ t_a_ generation And external trattic ot the pro1ect exceld the leyels ot seryice identified in the Subltantial Ptviation Application. on an ioyergge daily or average peak season peak hour ba: :· fi:y the pro1tct shall go through a su_• an deyiation determination II outlined in Cbapter 380. Florida Statys, Based on the state tron1portation assessment of siqniticant pro1ect impacts. construrionhof1 tg: following transportation improyewen_s • a needed prior to. or coincident yith. devylopm~nttoa the Toll Gate Commercial center DBI. f a op eh leyels ot seryice ore to be maintained throyg 1Nildout (1996\ on regional road segments and intersections. SR 84 (Dayis Blyd.l -Radio Rd. CCB 8561 to CB 951 Widen to 4L CB 84 -CB 951 to pro1ect yest entrance Widen to 4L CB 951 -Vanderbilt eeacb Rd· to Pine Ridge Rd. CCB 8961 Widen to 4L Battlesnake HallJROCk Rd· -county Barn Rd. to CB 951 Widen to 4L* Santa Barb§ra Blyd, -SR 84 CDayis Blyd.l to Rattlesnake HaJ!ll!!ock Rd· Widen to 6L* Vanderbilt Beach Rd• -Airport Rd· CCR 31) to CB 951 Widen to 4L* I Badio Rd. <CB 8561 -Kings way to Santa Barbara Blyd, Widen to 6L* * or reclassify from a collector to an arterial at -4- IL.. the existing lant configuration. Tb• applicant shall bl sub1ect to the concurrency as set forth Management Syst111 of the County herein. peyelopment order options may be considered by Collier County And the applicant to tb• extent that tht options proyide adequate commitments tor improyemtntJ indicated aboye to siqnificantly-iwpactes1 regional roasiwavs and inter••ctions. ffhateyer option• are exercised. hoyeyer. should be done with the understanding that the following conditions shall be met; ill ill If annual monitoring reports confirm that peak hour/peat season traffic on the regional road segments and inter••ctions Abov• exceed the leyel of 1eryice standards adopted by the ~the project is utilizing more than '' of the leyel of seryice "P" capacity for urbln areas or "C" for rural area1. then further building permits and certiticates of occupancy shall not be granted until the standards of the county's concurrency aanagement 1y1tem haye b«•n met. Tb• transportation impact• to the roads and int1r11gtion1 •boY• 1hall be appropriately addr11sed consistent with Southwest Florida Regional Planning Council policies. and the determination of proportional share and/or pipelining ot the regional road improvements shall be in accordance with Section 163.3220 r.s. yhich requires a I.oc•l Government peyelopment Agreement and a commitment by the applicant and/or the local goyerrnnent to ensure concurrency on all significantly impacted regional roads. Tb• regional roadway segments and intersegtions on yhich this pro1ect has subltantial impagts are all operated and maintained by Collier county. Tb• county hos wade the decision to plan tor and aanage the impacts of thi1 QRI throygh its duly adopted comprehensiye plan Cincluding the remedial plan amench!ents agreed to between Collier County and QCA, pursuant to that certain Stipulated settlement Agreement between the parties CQOAH Case No. 89-1299QMll. Tbe C0 unty bas considered the regional roadway segaents and regional roadway intersections as set forth in 3.B and c. hereof and bas determined to require the pr0 ject to be subject to and to comply with the Concurrency Management system CCHSl ot Collier county as adopted in its Groyth Management Plan and iJpplepented in its Adequate pyblic Facilities Ordinance CAPfl. piyis0 n 3.15 of the Collier County Land Development Cos!e. Tbe Adequate Public Facilities Ordinance CAPFl requires the Groyth Management pirector to complete an Annual Update and Inventory CAUIB> by May 1 of each year on roads and public transportation facilities based on the adopted leyel of service. Tb• APF Ordinance requires the Board of County commissioners by June 1 of each year. to establish Areas of Significant Influence C"ASI"l ar0 und any r 0 ad segment or -5- r~ I I 1992 int1r11qtion yhich i1 deficient or is pro11ct1d by the AUIR to become deficient and yhich i1 not scheduled for improvement in the capital Improvement Element C"CIE"l of the comprehensive plan in a manner and time which would proyide facilities concurrent with the impact• of deyelopment pursuant to said APF ordinance. pyrsuant to the APF Ordinance. pro1ects yithin the b9undaries of an ASI which i1 drayn around a deficient road segment are unable to obtain further Certificates of public Facility Adequacy. Pro1ects within an ASI drayn around a road segment which is pro1ected to beCOJll deficient are unable to Pbtain Certificates pf pyblic Facility Adequacy that would allow impacts to exceed tb• rewaininq capacity of those road segments, Th• 1taodards to be utiliztd by Collier countv in establishing the b9undaries of the ASI's are set forth in Subsection 3,15.3.5 of the Land peyelopwent C9d•· In addition to the provisions of the Collier county Adequate pybic Facilities ordinance. piyi1ipn 3,15 of the I.and oevelopment CQde. the PRI shall be sub1ect to the following conc!itions regarding the transportation iwpaqts of the developnent: A.&. Th' Toll Gate Cmmpercial Center Qeyelopaent of Regional Impact is sub1ect to the 1pecif ic requirements of the Adequate pyblic Facilities. piyision 3.15 pf the I.and peyelppment Coc!e as that code existld on the day of its adoptipn. Any •menchlent to the tran1portation portions of the I.and peyelopment C9de by:Collier County 1ball not be effective or applied to the PRI unle1s anc:S until this peyelopwent Qrder is amended to incorporate and render applicable such chaoqe1 or amendments to the APF. oivision 3.15 of the I.and Deyelopment Cod•· lz.... Tb• applicant shall proyide. within fifteen C15l days of publication each year. a copy of said AUIB on the regional facilities set forth in 3.B. and c. herein to the swfRPC and tbe Department S2.t COJQIUnity Affairs. £&. In the eyent that Collier county designates an ASI around a deficient road segment that is pre<f icted to be substantially impacted by the Toll Gate Commercial Center PBI and the ASI does not include tb• DBI. then the applicant shall file a Notice of Cbange of this deyelQPJRIDt order With collier County, the swfBPC and the Department of COJQIUnity Affairs. pursuant to Section 380.06C19l. Florida Statutes. d..a. Tb• applicant shall file a Notice of Cbange within sixty C60l days from the date the County creates an ASI for such a deficient road segment that excludes the PRI. Tbe applicant shall file with the -~- ' ~·:, :?~ ... > - ' , . 1r· ,~, L. Notice of Cbange. a currant traffic analysis and other infoppation attemptina to establish that the DBI is not haying a substantial impact upon the pertinent road segment. or other 1ustification for the County's exclusion of the PRI from the ASI. If an ASI is established for any deficient road segment listed in Paragraph 3.A. and B. of this development order that does not include the Toll Gate Commercial center QBI. the PBI shall not apply for or be issued any Certificate of Adequate pyblic Facility until the Notice of Cbange decision is made by Collier County. if neither pcA nor SWfRPC participates in the public hearing on this Notice of Cbanqe pursuant to 380.06l19lCfl and the change is adopte~ by CQ1.lj.1r County. 01 proposed. or until any appeal of such decision to the Florida I.and And Hater Ad1ydicatory Commission is resolyed. For purposes of this deyelopment order. the QRI shall be deemed to baye a sybltantial impact ypon a deficient road segment if its traffic impacts exceed f ~!' percent <Sil of the leyel of service _ peak hour. peak 1eason capacity of the roadyay. Tb• County shall proyide the reQ:Uisite public notice and bold a oublic hearing on the Notice of Cbange as expeditiously 11 possible. Folloyinq a public hearing. Collier County 1ball amend the PRI Deyelopment Qrder to record its dateppination yhether or not the PRI is haying a substantial impact ypon the deficient road segment or otherwise •hould not be included yithin an ASI for the deficient road 1egment. In making this deterwination. the County shall include the impact• resulting from all deyelOl)IHIOt to occur pyr1uant to the Certificates of pyblic Facility Adequacy previously issued to the pRI. The amendment to the Qeyelopment order is appeal able pyrsyant to subsection 380.06(191 and Section 380 07 Fl id Statytes. • • __ or __ a If neither DCA nor SWfRPC participate in the public hearing on the Notice of Change pursuant to Section 380.06C19l(f), Florida Statutes and the change is adopted by Collier County as proposed. the DBI may be issued Certificates of pyblic 1 Facility Adequacy folloyin the County • deyelopment order decision~ If either DCA or swFBPC participates in the public hearing. the applicant shall not :!J~tlc to; 0 llibe issuld Certificates of _ac ___ ty Adequacy yntil the deadline tor any appeal of the Collier County decision bas expired pursuant to Section 380.07. Florida Statutes and no appeal has been filed. FfB I I 1992 B. DeVelopment Order 84-1, for the Toll Gate commercial Center is hereby ... nded by addin9 Section 4.D entitled Drainaqe/Water Quality/Wetlands to read a• follows: IL.. QBAIIAGE/WATER, OUALITX/Wm,MDS !..... A... Tb• proposed changes to the pro1ect•s surface water management 1y1tew design shall meet south Florida Water Management District criteria in effect at the time or the application for pepgit moc:Sification. IL. At the time of the application for pepnit 119dification. the applicant shall proyide details of all ney control structures for this project. including dimensions and elevations. A battle Cqr1a1e and oil interceptor) shall be included in each control structure. 11 applicable. to encourage discharge from the center ot the water column rather than the top or b9ttQ11. Tb• control structures shall be designed to bleed down no more than 1/2M of the required yater quality yolume in 24 houri. A V-notch bleeder design is considered preferable to a rectangular notch design for control structures. ~ Calcµlationa shall be proyided at the time of application for per11it •oc:Sification yhich verity that the District'• yoter quantity and quality criteria are blinq maintained. including those criteria applies! to roadyay improvements. IL.. At the time of application for Construction and Operation Per;mita for the individual commercial an~ industrial sites. the individual sites shall proyide pr90f to District fltaff tbat each site proyides dry pre-treatment detention/retention for the first 1/2 inch of ryno(f, unless the site applicant proyides reasonable assurances that hazardous materials yill not be generated. used. or stored on the site • .E..... At the time of application for a moc:Sification to the existing oistrict per;mit. a detailed plan for hazardous 114terial handling and emergency response will be reguiresS to be provided to District and Collier County staffs. 1:... Tbe apclicant shall undertake a regularly scheduled yacµum syeeping of all internal streets and parking facilities. to be incorporated as a belt management practice, $i... If the deyelopment should. in the future. utilize reclaimed yasteyater for irrigation purposes. the applicant thall ensure that the onsite preserved and created yetlan4•· pond1 and the surface yater management aystea are adequately buffered from possible effluent contamination. H..... All project construction shall take place awav from proposed bµffers. the onsite wetlands and dry detention areas. 10 as not to affect the intended !unction of the surface water management system. -8- a 000 ta'.: 118 L. Tbt operation of the Toll Gate Surface Hater Management System is dependent upon the Henderson ereek Watershed tor an outlet. Tbere!ore. a final Surface Water Management Plan for the pro1ect shall demonstrate that the system is designed in accordance with existing design parameters for the Henderson Creek Watershed. Tb• applicant shall participate in any on-going or future efforts by Collier County to establish a Cpuntyyide surface water management system. Best Management Practices and monitoring and JU,intenance of the surface water management svstem shall be implemented by the applicant in accordance with oistrict guidelines. All internal surface water management systems shall be set aside 11 priyate drainage easements. COJ!ll!IOn areas. preserves. or shall be identified as specific tracts on the recorded final plat. l'b• applicant shall confirm. to the satisfaction of 111 federal. state. and local reyiey and pepnitting agencies. •nd the South Florida Water Management ~!strict. that the proposed water management system yill not impact habitat• of any state or federally listed plant And/or aniJRAl species occurring Qnsite. or that such impacts will be mitigated to the benefit of onsite populations of those species. l'b• aboye conditiQn• shall supersede any conditions contained yithin the Qriqinal TQll Gate Deyelopment order yhich are incon1i1t1nt yith the ab9ve ~onditions. Any conditions contained within the original deyelopment order yhich are consistent yith the Abov• conditions shall remain in force. All C01Q1itment1 JIAdl by the applicant within the Substantial Qeyiation Application are attached as £xhibit "B" and subleqyent sufficiency round inforaotion. related to Question 22 CPrainaqel. and not in conflict yith the oboye recommendations. is hereby considered to be port of tbis peyelopment Order. l'be applicant shall describe the status of cQnditions And mitigation actions required by FDEB and USACQE per11it1 for yetland impact•· within each annual report. C. Development Order 84-1, for the Toll Gate commercial Center hereby AJDended by adding Section 4.E. entitled •wastewater llanaq ... nt/Water Supply• to read as follows: L. WASTEWATER IWfAGEMEJITIWATER SVPPLY 1.&. For the purpose ot potable water conservation. Toll Gate Commnrcial center shall utilize low water use plumbing fixtures. self-closing and/or metered water faucets. and Qther water conserving deyices • .2..&. For the purpose of non-potable water conservation. Toll Gate Commercial Center shall utilize xeriscape principles in the design of the proiect•s landscaping. 1.... Toll Gate Commercial Center shall pursue an alternative -9-11 000 ri'' 119 L. ll.... F!'."R I I 19Q? 0 the use of potable water prior to modification of the ~ro1ect's existing landscape irrigationit w?;~;s ~~a permit. Hoyeyer. yithdrayals from the ~ns hell not be l d where mitigation is propose_ s_a __ yet an s the potential for adyerse impacts on alloyed due to iod The acclicont shall investigate wetland hydroper_~s· ~-----t t the the ieasibility of utilizing reclaimed watlrot~e~er1iiit pro1ect's landscape irrigation demands pr or modification. 1 Gate COJ!1111ercial center shall provide verification I~l the south Florida Water Management Dist£~ct. t!tig~ i t licotion tor a moc1iticotion to __ e ex t mesc:pea~rigation pepait. that any proposed ground or 1'"1 voter yithdrowals ore reasonable-beneficial. in :g; a;:blic interest and yill not result in any odyerse impacts to existing legal users or the environment. Tb• pro1ect's proposed yater use shall meet South Florido water Management pistrict criteria in effect at the time of permit application. Tb• pro1ect eholl Obtain potable water. and wastewater treatment. trQJI the collier county Utilities Division. it collier county Utilities determines that i;hog~~ sufficient capacity to serve the pro1ect. Collier county utilities piyision determine that th!fhdo not haye sufficient capacity. the Applicant shall e~ eE construct interim potable water and wastewater try~ menh t ilities. or shall postpone development unt __ sue tti, as Collier County Utilities' service capacfiitiis available to the pro1ect. Any interim foe__ es constructed by the applicant shall be constructed to collier county Utilities piyision Standards. and shall be diawantled. at the Applicant's expense. upon connection to the county facilities. Wbether potable water and wastewater facilities are proyided onsii!ior offsite. the applicant shall demonstrate to Co er county that adequate yastevater treatment capacity is available at the time of final plan submittal. As the Toll Gate Development mav be reguire4ito ~tifiif! treated effluent for irrigation. the oppl_can_ s a ensure that onsite lakes. yetlands. and the surface voter aanoqement system are adequately buffered from possible effluent contamination. Tbe applicant shall proyide assurance that commercial and industrial effluents. if generated by the pro1ect, will be treated separately from domestic wastewater and handled in accordance with FPEB criteria. septic tanks shall not be alloyed. except for construction or sales offices. due to the possibility of hazardous wasteyater generation by the commercial/office and industrial portions of the pro1ect. All construction plans. technical specifications. and proposed plats. if applicable. for the proposed water distribution and wastewater collection systems. an1 ana ssible onsite treatment facilities. shall be rey_ewe ~d approved by the Collier County Utilities Qiyision prior to commencement of construction. All potable yater facilities. including any possible onsite notable water treatment system. shall be properly sized to supply ayerage and peak daily demand. in addition to fire floy demand. at a rate approved by the appropriate Fire Control Qistrict servicing the proiect area. II 000 120 -10-r~ : _ FEB I I 1992 .1Z... Tb• lqy11t quality of yatar shall be utilized tor all non-potable yater u111. Tb• aboya conditions shall supersede any conditions contained in the original Toll Gata Cqmmercial Center peyalopaent Qrder yhicb are incon1i1tent yitb the aboye conditions. Any c0D4itions contained in the original peyalopaent Qrder yhicb are consistent yith the aboye concSition1 ahall rlJIAiD in force. All CQ1111ita1nt1 wade by the applicant. yithin the APA •nd IUbtfl(JU•nt 1Uffici1ncy round information. related to Question 21 CWaateyater M§naq1mentl. and Question 23 Clater Supply>. Ind not in conflict yith the aboye recowwendationa shall be incorporated as conditions for appraval. o. Development Order 84-1, for the Toll Gata Commercial Center ls hereby ... nded by adding a nav Section 4.F. entitled "Housing" to ··rad as tollovs i L. DQQSilfQ Tb• applicant baa io4ic;att4 support for a County linlcaqe fee ors1inanc1 yhich vould require all development. both DrielORMnt of BKional twpact CQBU qualified •ncS non-oBI qualified· to contribqtl to a prgqraw yhich addresses affordable housing conc1rn1. Tb• applicant bas agreed to the iwpo1ition of a housing iwpact fee tor that portion of the wo1ect not weviou1ly approytcS and platted· yhicb iwact tee vould be applic;able until such tiu 11 the Countv has adopted an affordable housing improy,.ent proqraw with a proportionate share tuncSinq wecbani,.. ybich program is wandated by th• Collier County Grqyth Manaqewent Plan to be in force not later than January 1. 1994. Tbat portion ot the Tollgate pro1ect yhich bas not yet been platted and improved shall be sub1ect to the follqyinq condition: 1-L EACh deyelopwent within that portion of the pro1ect yhich has not be•n platted and improye4 at the time of adQption ot this peyelQpwent Order <DOA 91-21 shall pav a tee of 20 cent• per square foot ot gross leasable bµildinq area to an Affordable Housing Trust fund at the ti•• a building perwit is filld yitJ> the county. Tbe Affordable Housing Tru•t fynd shall be acSministered by the appropriate county agency for the purpose of increasing the supply of affordable housing available to loy and yery loy iDCQM households. This fee shall be terwinatld at tbt ti•• Collier County adopt• an Affordable Houainq Iwproye .. nt Froar•• yhich includes a proportionate 1har1 funding wechanifW. In the eyent that. by January 1. 1994. Collier County bas opt enacted an affordable housing improyeaent program with a prgpgrtionate share CuncSinq wecbanifW. th• twenty cents per square f09t fee requirement 1hall be terminated. E. Development Order 84-1 for the Toll Gate Comaercial Center is hereby awended by adding a new Section 4.G. entitled "General Considerations• to read as follows: II 000PA:.~121 Q._ Sif.llERAL CQHSIDQATIOHS FIB I I 1992 IL. All cmp1itl19nt1 And iwpact aitiqatinq Actions proyided by thl applicant vithiD th• Application tor Qeyelopment Appraval Cand aupplgentarv doc:sment1l that are not in ,ontlict yith 1pecitic condition• tor pro1ect approval outlined aboyo are officially adopted as conditions tor approyal. Tb• applicant 1hall 1utzait an annual report on the deyelopaent of regional impact to collier Cqynty. the Sqµthye1t Plorida Btqional Planning Cqyncil. the pepartwent ot COlplllnity Affair• and all affected permit 1qencie1 11 required in Subsection 380.06(181. Florida Statute1, Tb• deyelopwent ph11inq 1ch14u1e presented within the APA •n4 11 ad1ustld to date of deyelopment orde~ opproyal 1ball be incorporated as a condition of opproyal. If deyclopwent order conditions and applicant c91111it,aent1 incorporated, within the deyelopment order. APA or tuf Ciciency round re1pon1e1 to mitigate regional iaplqtl are not carried out Al indicated to the extent or in accord yitb the timing 1chldule1 1pecified within the deyelopwent order Ind thi1 phasing schldule. then thi1 1hall bl pre1UJ19d to be a 1ubtltantial deyiation tor the affected regional i11ue. If the local aoV•rnwtnt. cSuring the cqyrse of monitoring the deyelopwent. can demonstrate that substantial change• in the condition• underlying the approyal of the deyolopwent order haye occurred or that the deyelopment order wa• bl•ed on 1ubltantially inaccurate information proyidld by the deyeloper. resulting in additional 1ubtltontial regional impact•· then a substantial deyiation shall be dtQed to baye occurred. The wonitorinq checklist containld in Appendix IV shall be usld 11 a guide by the local qoyerument in determining addition fUbltontiol regional iapact•· PJ1r1Uant to Cb1pter 380.0tClt>. the applicant may be 1ub1tct to credit for contribµtion1. construction. expan1ion. or acqui1iti90 ot public facilities. if the deyeloper is also tub1ect by local ordinances to impact fees or exactions to •••t th• same D•ed•· Tb• local qoyernaent Ind the deytloptr aay Inter into I Capital contribµtion front-•n4ing 1qr1 .. 1nt to reimbµrse the deyeloper for voluntary contributions in excess of the fair shore. P. Developaent Order 84-1 for the Toll Gate C01111ercial Center is hereby a.ended by addinq a new Section 4.H. entitled •POD Document" to ·read as follovil: IL. P.U.D. DOCQMEHT A.a. Tb• opproye4 Toll Gate COJRPercial Center pYD Qocumeot as tb• , ... WAY bl officially •9difies! frga time to time. is hereby incorporotes1 And attaches! hereto as Exhibit !J2!a. 11 000, •. ,, 122 -12- FEB 1 1 1992 G. Section 4. D ot Development order 84-1, tor the Toll Gate coa.ercial Center i• hereby deleted in it• entirety a• tollowa: 9T eemai~nt•--•peeif ied-in-the-PUB--9rdinanee-aa-9et-ferth--in lbdli~t--A--attaehed--herete--and--'9y-referenee--aade-a--part ~ereef-al'Ml-aa-feiiev•• iT 8etaiied--aite-draina9e-piana-shaii-be--s•1'lllitted-te-the Water---Mana9 .. ent--1"1viaery---Board---f or--revievT---Ne eonatr11etion--pel'1lita-ahaii-1'e--i•••ecl-•nieaa-and--•ntii apprevai-of-the-propoaed-eonatr11etion-in-aeeerdanee-vith th•--••Mlitted-piana-ia-.,ranted-'9y--the-Water-Mana9ement Mvi:aory-BoardY IT A1'--lbreavat*en-Pel'11it--•haii-1'e--retl'lired-in--aeeordanee vi~-e.,.,.ty-e.dinanee-NeT-88-167-aa-a.ended-ity-erdinanee NeY-89-97-for-eenatr11ei!ien-ef-the-tve-reten~ion-iakesT IT en--•ite-aftd--eff--ai:te-.re•ndvater-eenditiens--shaii-be f•~•r--inveati9ated-aa-they--reiate-te-histerie--ieea% draina9e-patterna-aftd-the-Hencleraen-ereek-BaainT 4T 9he--deveieper-sha!i-ree09"iee-that-this-area-is-a•b;eet te--f !eedi1"4J-and-vi:!!--preeeed-vith-eenstr11ei!ien--at-its evn--riak-vi:th-Jusev!ed9e-that-eeiiier-eo.nty-vi!i-not-be he!d--reaponai:b4e--for--any--f !oedin9--prebiea-that--may 04Selll'T ST S~eet--te-PBeCP-approvai7--the-deveieper-ahaii--previde the-f eiievift91' &T A--•tntth!te•nd--ieft--t•rn-iane--on-eR-95i--at-SR-84 1'ef ere-any-eertif ieates-of-eee11paney-are-i••••dT itT A--f •t•re--d11ai--•tn1thlte11ftd-ieft--t•rn-f aeiiity--en eR-95i-at-SR-84-vhen-de .. ed-varranted-'9y-the-ee•nty BJttJi:neerT ey Separate--ian••--f or--ief t-t~•7--ri9ht-t.rna--and thro•9h-traf f ie-aeveaenta-en-the-veatl5e•nd-appreaeh ef-8R-84-te-eR-95iT dT 9he---deveieper--a9reea---te--pay---a--fair---ahare eentriinltien---i:n--aeeerdanee--vith---any--iav£•iiy adopted-refjlliation-appii:ea~ie-te-thia-prepertyT 6T lfhe--Ytiii:ty-Bivisien~s-stip•iatiens-as-fo•nd-in-Bxhibit e7-ettaehedT 8. Section 7 of the Development order 84-1 for the Toll Gate Comlercial Center i• hereby amended to read as follows: That thi• Order shall reaain in effect for-a--period-0£-ten f tet-years-f rea-the-effeetive-date-ef-this-Beve!epaent-erderT until Qec•llber 31. 1997. Any development activity wherein plans have been •ubaitted to the County for its review and approval prior to the expiration date of this order, may be completed, if approved. Thi• Order may be extended by the Board of County COlllai••ioner• on the findin<J of excusable delay in any proposed development activity. I. A Master Development plan dated January, 1991 is attached hereto as Exhibit •c• and by reference incorporated herein • • OflOwr1?~ FEB I I l002 SICTIOll '1'WO: FINDINGS OF FACT A. That th• real property which is the subject of the SUbstantial Deviation ADA is leqally described as sat forth in Exhibit A, attached hereto and by reference aade a part hereof. B. Th• application is in accordance vith Section 380.06(19), Florida statute•. c. The applicant subllittad to the County a Substantial Deviation ADA and ~ficiency responaeo known as composite Exhibit B, and by reference ude a part hereof, to the extent that they are not inconsistent vith the terms and condition• of this order. D. Th• applicant propo••• th• development of Toll Gate eo...rcial Center on 100.24 acre• of land for commercial, industrial and r .. idantial touri•t us••· z. Th• proposed c:hanq•• to the previously approved Development order are conaiatent vith the report and recomaendations of SWFRPC. F. A co.prehenaive review of the impact generated by the proposed chanqes to the previously approved development has been conducted by the county's departllents and the SWFRPC. G. The development i• not in an area deai9nated an Area of critical State Concern purauant to the proviaion• of Section 380.06, norida Statute•, a• &11ended. SECTIOll THREE: CONCLUSIONS OF LAW A. The propo•ed chanqes to the previously approved Development constitute a aubstantial deviation pursuant to Section 380.06(19), Florida Statutes. Th• •cope ot the development to be peraittad pursuant to this Development Order Amendment includes operations described in the Substantial Deviation ADA, the Substantial Deviation Sufficiency Report, and the Substantial Deviation second SUfficiency Report which dOCWDents by reference are aade a part hereof as COllpOaite Exhibit B. B. The proposed changes to th• previously approved Development Order are conaistent vith the report and recommendations of the SWFRPC. c. The proposed changes to the previously approved development vill not unreasonably interfere vith the achievement of the objectives 11 000 'l';! 124 FEB I I 1992 of the adopted Stat• Land Development Plan applicable to the area. o. Tb• proposed change• to the previou•ly approved development are consistent vith th• collier County Crovth Manaqement Plan and the Land Develop119nt Rec;ulationa adopted pursuant thereto. SEC'l'IOll FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRAJISMITl'AL TO OCA AJfO EFFEC'l'n'E DATE. A. Except as ... nded hereby, Development order 84-1 shall remain in full force and effect, binding in accordance vith its terms on all parties thereto. B. COpiea Of thi• Develop11ent order 92-'"""l,____ shall be transaitted 1-ediately upon execution to the Department of community Affairs, Bureau of Land and Water Manaq .. ent, and the Southwest Florida RecJional PlannincJ Council. c. 'nli• Developwent order shall take effect as provided by law. BE rr FURTHER RESOLVED that this Resolution be recorded in the Jdnutaa of thi• Board. Cowai••ioner Haase offered the f oreqoinq Resolution and llOVed for its adoption, •econded by COJ1111issioner __ .Qpckdshmig __ ....,t..._~~~~~ and upon roll call, the vote was: . .. AYES: Camdssioner Haue, Cmndasioner Goodnight, CmndHioner Shanahan, Camdssioner Samders and Camd •sioner Volpe KAYS: -:J: .. AB8EllT AJID MOT VOTING: day of Felmwry , 1992. ~~ Jb. OtuA#. " . B JI. STUOEH'T . ..-: .. ASBISTAll'l' COUNTY ATTORNEY .... ,.: ··. t*>ca-91-2/nh/7120 •' .. , 11 oco,.._:125 LECAL DESCRIPTION1&BRD.ARY 11, 1992 Commencing at the southeast corner of Section 35. Township IJ9 South. Range 26 East, Collier County. Florida; thence •long the east line of said Section 35 North 1 •-56'-55" West 200.11J feet lo a point on the north right-of-way line of State Road SIJ (Alligator Alley); thence along said north right-of-way line. North 89•-qs•-01 11 West 331.23 feet lo a point of Intersection of said north ,.lght-of-way line of Slate Road 93 I 1- 75). and the POINT OF BEGINNING of the parcel herein descr-lbed; thence continue along said right-of-way line of Slate Road 81J ( Alllgator Alley) on the followlng five courses: 1 J North 89•-11s•-01" West 2398.66 feet; 2) South 89•·561-1611 West 1547 .43 feet: 3) Horth so•-431-5811 West 709.38 feet; 4) North 39•-521-4211 West 209.91 feet: 5) North 10•-2111-3311 West 209.94 feet to a point on the East Limited Access. right-of-way line of State Road 93 ( 1-75); thence continue along said Limited Access. right-of-way llne of State Road 93 (1•75) on the following nine courses: 1) North 3•-19•-52• East 285.34 feet; 2) North 23•-371-2811 East 149.83 feet; 3) North 64•-12•-3911 East 149.83 feet; 4) North 86•-37•-01• East 778.54 feet; 5) South u•-55•-12• East 318.82 feet; 6) South 1s•-44•.3a• East 318.32 feet; 7) South 74•-09•-1111 East 1199.30 feet; 8) South 73•-001-33" East 190ll.96 feet; 9) southeasterly 233.67 feet along the arc of a circular curve concave to the northeast. having a radius of 116.2116 feet. subtended by a chord which bears South 75:'-35'-07" East 233.67 feet to the north right-of-way line of State Road 84 CA Ill gator Alley); and the Point of Beginning of the parcel herein described; being a part of south 1/2, Section 35. Township 49 South. Range 26 East. Collier County, Florida; subject ~ easement.a and restrictions of record; containing 69.40 acres of land more or less; . bearings are based on Florida Department of Transportation right-of-way map for State Road 93 (1-75). ALSO INCLUDINCi THE FOLLOWINCi ·. Description of part of Section 35. Township IJ9 South. Range 26 East, and part of Section 2, Township 50 South. Range 26 East, Collier County, Florida COMMENCE al an Iron pipe marking the Northeast Corner of said Section 2; thence North 39• q5• 01 11 West. 337 .83 feet along the North llne of said Section 2 for a POINT OF BEGINNING; thence South oo• 02 1 19 11 East, 59.98 feel; thence South 89• 57' 41 11 West. 2.300. 70 feet; thence on a course traversing from said Section 35. South 89• 56' 02 11 West. 2,qqs. 7q feet; thence North q5• 116' 16 11 West. 71.58 feet; thence North 01 • 28 1 3qn West. 705.25 feel lo the Easterly Limited Access R/W Line of S.R. 951 (Section 03175-2409); thence South 10• 24' 3311 East. 209.91J feel; thence South 39• 52' q2" East, 209.91 feel; thence South 80° 43' 58" East. 709. 38 feet; thence North 89• 561 16" East. 1.547 .IJ3 feet; thence South 39• q5• 01 11 East. 2,396.67 feel lo the Southerly Existing Limited Access R/W Line of S.R. 93 (03175-21J09); thence South 00° 02' 19 11 East. 200.00 feel to the POINT OF BEGINNING. Less and except the East 100.00 feet thereof. Containing 30.835 acres. more or less ... 000FAGr126 The entire project area Is 100.235 acres. ... 'KBROARY 11, 1992 I .Cnl . tt A LE CAL r>r5c . Ir Commenc:lng at the IOUthent corner of S«tlor. .;, Tt!<-• '-·!•.• ·l ! .,uth, Ri.•. 21 Ent, Colller County, Florida; thence along the nst tine of said Section 35 N<. . ., i ... · · .. · ........ t 200.1q fl ... to a point on the north right-of-way line of Sta' .. It· i r.I! '.aili..:iator Alley!; thence along said north right-of-way llne. Nortt ., -:-.!>'-01 .. Ylut 331.23 fee\ to a point of lnter'Hctlon of said "°"th rlght·of-w.-~ llnt of State Road 93 (I· 75), .Kt the POINT OF BECINNINC of the pare.I l,1'fl'1tln dncrlbltd; thence COf'tlnve along said right-of-way Im" of ~late Read llJ (Alligator Alley) on the ro11-1ng nve courses: 1) North n•-115•-ci1• West 2391.66 feet: 2) South n•-561-16• West 1547.113 feet; 3) North ao•-113•-sr West 709.31 feet: II) North 39•-s2•-11i-West 209.91 feet: 5) North 10•-2111-33" West 209.911 feet to a point on the Ent Uinlted Access, right-of-way line of State Road 93 (1-75); thence continue .. ong said Ulnlted Access. right-of-way llne of Stale Road 93 (1-75) on the followlng nine courses: . 1) North 3•-19'-52• Ent 215.311 feet: 2) North n•-37•-2r Ent 1119.13 feet: 3) North 111•-12·-~ Ent 1'9.13 feet; II) North 16•-37•-01• Ent 771,511 feet; 5) South 11•-ss•-1i-Ent 311.12 feet; fi) South 11•-1111•-31• Ent 311.32 feet; 7) South 7'•-G9'·1?-East 1199.30 feet; I) South n•-oCJ'-33" East 19CJll.96 feet: 9) southenterty m.fi7 feel along the arc of a circular curve concave to the northeast, having a radius of 116.2116 feel, subtended by a chord which bears South 75~·35 1 -01• Ent 233.67 feet to the north right-of-way line of State Road M (Alllgator Alley); and the Point of Beginning of the parcel herein described; being a part of south 1/2, Section 35. Township 119 South. Range 26 East, Collier County, Florkbi; sub)ect to ...-nts .Kt restrictions of record: containing 19.llM> acres of I.Kt tnere Cit"' less; · . be.rings are based on Florldll Department of Transportation right-of-way map for State Roecl 93 ll·75). . ALSO INCLUDING THE FOUOWINC Description of part of Section 35, Township q9 South, Range 2fi Ent. and part of Section 2, Township 50 South, Range 26 East. Collier County, FIOt"lda · COMMENCE at an Iron pipe -1clng the Northnsl Comer of said Seetlon 2; thence North n• 115' 01• West, 337 .IJ fnt along the NOt"th llne of said Section 2 for • POINT OF DECINNINC; thence South oo• 02 1 19" East, 59.91 rut: thence South 1ge 57' 11t•·West. 2,300.70 feel: thence on a course tnversl"9 from said Section 35, South n• 5fi' 02• West. 2,11111.711 feet; thence North 115• llG' 11• West. 71.51 feet: thence North 01• 21' 311• West, 705.25 feel to the Eastarly Limited Access R/W Line of S.R. 951 (Section 03175-2q09); thence South 10• 7q• J3• East. 209,9q feet; thence South 39• 52' 112" East, 209.91 feel: thence South 80• 113' 51" East. 709.31 feet; thence North 19• 56' 15• Ent. 1,5117 ,q3 feet: thence South 89• 115' 01• East, 2,396.67 feet to the Southerly Existing Limited Access R/W Line of S.R. 93 (03175-2q09): thence South oo• 02.' 1,. East, 200.00 feel to the POINT OF BECINNINC. Lns and except the East 100.00 feet thereof. Containing 30.135 acres, more or less. The entire project area Is 100.235 acres. -·----... I WKBROAKY 11, 1992 EXHIBIT B SUBSTANTIAL DEVIATION SUFFICIENCY REPORT AND SUBSTANTIAL DEVIATION SECOND SUFFICIENCY REPORT ATTACHED BY REFERENCE HEREIN. • oon FA'-1.128 -· :·. MASTER :DEVELOPMENT PLAN .,;· . TOIJ.GATE ~. ~ COMMERcIAL CENTER : ·· anua 1991 ~ I= I• I J:a f 1 )1 w. 3 ~ • J:i Ji pi .. Is I• I= ~a "It . ~ co .. J: J: J::: Cl:! cJ I= I• -Ir.I J:r I I- J: Jr .. -• r ~~s I-I-I-:i: ... .. 0. J-I- C.R. 951. EXHIBIT "C" 11··000 FAj! 129 APRIL 7, 1992 DEVl!ILOPMBNT ORDER 92-__,.__~ RESOLUTION NUMBER 92-222 A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1 OF THE TOLL GATE COMMERCIAL CENTER DEVELOPMENT FOR REGIONAL IMPACT (ORI) BY PROVIDING FOR: SECTION ONE A A){ENDING THE TRANSPORTATION COMMENTS; SECTION ONE D AMENDING THE HOUSING REQUIREMENTS; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of county Commissioners of Collier county, Florida approved Development Order 84-1 on January 17, 1984, which approved a Development of Regional Impact (ORI) known as Toll Gate Commercial Center; 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 Devel- OpJDent Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, William R. Vines, representing Toll Gate commercial Center, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Board of county commissioners of Collier County has held a public hearing on the petition on April 7, 1992; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. section 4.C.3., Transportation, of Development Order 84-1 is hereby amended to read as follows: H. Development Order options may be considered by Collier County and the applicant to the extent that the options provide adequate commitments for improvements indicated above to significantly-impacted regional roadways and intersections. Whatever options are exercised, however, should be done with the understanding that the following conditions shall be met: (1) If annual monitoring reports confirm that peak hour/peak season traffic on the regional road segments and • 000Fir,[118' -1- Words Underlined are added; Words s~~ttek-~h~ettgh are deleted. intarsections above exceed the level of service standards adopted by the County and the project is utilizing more than 5\ of the level of servica "D" capacity for urban areas or "C" for rural areas, then further building permits and certificates of occupancy shall not be granted until the standards of the County's concurrency manbgement system have been met. (2) The transportation impacts to the roads and intersections above shall b~ appropriately addressed consistent with southwest Florida Regional Planning council policies, and the determination of proportional share andfer---pipe%ininq of the regional road improvements shall be in accordance with Section 163.3220 F.S. which requires a Local Government Development Agreement and a commitment by the applicant and/or the local government to ensure concurrency on all significantly impacted regional roads. D. Development Order 84-1, for the Toll Gate commercial Center in hereby amended by adding a new Section 4.F. entitled "Housing" to road as follows: l". HOUSING The applicant has indicated support for a County linkage fee ordinance which would require all development, both Development of Regional Impact (ORI) qualified and non-DRI qualified, to contribute to a program which addresses affordable housing concerns. The applicant t.n~ agreed to the imposition of a housing impact fee for that portion of the project not previously approved and platted, which impact fee would be applicable until such time as the County has adopted an affordable housing improvement program with a proportionate share funding mechanism, which program is mandated by the Collier County Growth Management Plan to be in force not later than January 1, 1994. That portion of the Tollgate project which has not yet been platted and improved shall be subject to the following condition: 1. Each development within that portion of the project which has not been platted and improved at the time of adoption of this Development Order (DOA 91-2) shall pay a fee of 20 cents per square foot of gross leasable building area to an Affordable Housing Trust Fund at the time a building permit is filed with the County. The Affordable Housing Trust Fund shall be administered by the appropriate county agency for the purpose of increasing the supply of affordable housing available to low and very low income households. This fee shall be terminated at the time collier county adopts an Affordable Housing Improvement Program which includes a proportionate share funding mechanism. %n--the-event that7 -hy-Janttary-:7 -i9947-ee%%ier-eettney-has-nee-enaeted an---afferdab%e--hettsinq--imprevement--preqram---vieh--a prepareienaee--share-fttndinq-meehanism7 -the-tventy-eenes per-s'l"are-feae-£ee-reqttiremene-sha%%-be-eerminatedT SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. A. Except as amended hereby, Development Order 84-1 shall remain • 000Pl[,[119 -2- Words Underlined are added; words strttek-threttqh are deleted. APRIL 7, 1992 in full force and etfect, binding in accordance with its terms on all 114rtie• thereto. B. Copies ot this Development Order 92-_4.;.__ shall be transmitted immediately upon execution to the Department of Community Aftaira, Bureau ot Land and Water Management, and the southwest Florida .. Regional Planning council. c. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes ot this Board. Commissioner otfered the toregoing Roaolution and moved tor its adoption, seconded by Commissioner Hasse and upon roll call, the vote was: AYES: Camrl.ssioner Shanahan, Camdssioner Hasse, Camtissioner Saunders, Camdssioner G:>odnight, and Camtissioner Volpe NAYS: ABSENT AND NOT VOTING: ABSTENTION: .RJORIE M. ST •;r1ASSISTANT CO .'.-~:3j./~;.: 1~DOA-91-2/nb/7627 -~~?' BOARD OF COUNTY COMMISSIONERS ~fO~Iu~ COUNTY, FLORIDA ~ ' \)·,,-< By: _, ~M~1=cHA:-:-:-E=L,.....,J~.~1"*'o~LP=o~ • ......,C~HA,.....,I:RMAN~,.,-- • OOChm 120 -3- . ~ Exhibit A LEGAL DESCRIPTION APRIL 7, 1992 Commencing at the southeast corner of Section 35. Township 4S South. Range 26 East, Collier County. Florlda; thence along the east llne of said Section 35 North 1°-56'-55" West 200.14 feet to a point on the north right-of-way llne of State.Road a4 IAlllgator Alley): thence along said north right-of-way llne. North as•-45•-01 11 West 331.23 feet to a point of Intersection of said north right-of-way llne of State Road S3 11- 75 I. and the POINT OF BEGINNING of the parcel herein described: thence continue along said right-of-way llne of State Road 84 !Alligator Alley) on the followlng five courses: 1) North as•-45•-01 11 West 23S8.66 feet; 2) South 8S 0 -561-16 11 West 1547 .43 feet; 3) North 80°-431-5811 West 709.38 feet: 4) North 3S 0 -52'-4211 West 209.91 feet: 5) North 10°-241-3311 West 209.94 feet to a point on the East Limited Access. right-of-way llne of State Road S3 11-75); thence continue along said Limited Access. right-of-way llne of State Road S3 11-75) on the followlng nine courses: . 1) North 3°-191 -52" East 2a5.34 feet; 2) North 23°-37'-2811 East 14S.a3 feet; 3) North 64°-121·3S11 East 14S.a3 feet; 4) North 86°-37 1-01 11 East 778.54 feet; 5) South a7°·55'-1211 East 31a,a2 feet; 6) South 78°-44'-3811 East 318.32 feet; 7) South 74°-091 -17 11 East 1199.30 feet; a) South 73°-00'-33 11 East 1S04.S6 feet; S) southeasterly 233.67 feet along the arc of a circular curve concave to the northeast. having a radius of 116.2116 feet. subtended by a chord which bears South 75~·35'-07 11 East 233.67 feet to the north right-of-way llne of State Road 84 I.Alligator Alley): and the Point of B.eglnnlng of the parcel herein described; being a part of south 1/2. Section 35, Township 4S South. Range 26 East. Collier County. Florida; subject to easements and restrictions of record; containing 6S.40 acres of land more or less; bearings ara based on Florida Department of Transportation right-of-way map for State Road S3 11-75). ALSO INCLUDING THE FOLLOWING " Description of part of Section 35, Township 4S South. Range 26 East. and part of Section 2. Township 50 South. Range 26 East. Collier County. Florida COMMENCE at an Iron pipe marking the Northeast Corner of said Section 2; thence North as• 45' 01 11 West. 337.a3 feet along the North line of said Section 2 for e POINT OF BEGINNING; thence South 00° 02 1 1S 11 East, 5S.S8 feet; thence South as• 57' 41 11 West. 2,300. 70 feet; thence on a course traversing from said Section 35. South a9• 56 1 02 11 West, 2.448. 74 feet: thence North 45" 46' 16 11 West. 71.58 feet: thence North 01° 28' 34 11 West. 705. 25 feet to the Easterly Limited Access R/W Line of S.R. S51 !Section 03175-2409); thence South 10° 24' 33 11 East. 20S.S4 feet; thence South 39° 52 1 42 11 East. 20S.S1 feet: thence South so• 43 1 58 11 East. 70S.38 feet; thence North a9° 56' 16 11 East, 1.547.43 feet: thence South ns• 45' 01 11 East, 2,396.67 feet to the Southerly Existing Limited Access R/W Line of S.R. 93 I03175·240S): thence South oo• 02' 1S 11 East. 200.00 feet to the POINT OF BEGINNING. Less and except the East 100.00 feet thereof. Containing 30.835 acres. more or less. II CCOric< 121 The entire project area Is 100.235 acres. RESOLUTION NO. 97 -..li_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY DETERMINING THAT REVISIONS TO THE TOLL GATE COMMERCIAL CENTER DEVELOPMENT ORDER 97-2 DO NOT CONSTITUTE A SUBSTANTIAL OBVIATION REQUIRING FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW. FEB 1 1 1997 WHEREAS, th• Board of county Co1D111issioners of Collier County, Florida, approved Development Order 84-1 (the Development order) on January 17, 1984, which approved a Development of Reqional Impact (ORI) Jcnovn as the Toll Gata Collllllercial Center; and WHEREAS, Section 3B0.06(19)(f)2, Florida Statutes. requires that proposed changes to a previously approved Devalop11ent of Regional Iapact (ORI) be subllitted by the developer to the local qovernment, the reqional planninq council, and the state land planninq aqency; and I WHEREAS, submittal of the proposed chanqes was made to the appropriate public authorities; and WHBRBAS, Section 380.06(19) (f)5, Florida Statutes, requires that the local qovernment shall determine whether or not the proposed change to the previously approved ORI development order constitutes a substantial deviation requirinq further Development-of-Reqional-I•pact review; and WHEREAS, th• Board of County commissionere of Collier County has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and the Collier County Planninq COllllission and held on February 11, 1997 a public hearinq on the petition; NOW, THEREFORE, BE IT RESOLVED by the Board of County COllllissioners of collier county, Florida that: The propo••d revi•ion• to the Toll Gate Center Development Order 84-1, as amended, as described by the FEB 1 1 1997 amended Development Order 97-2, Resolution No. 97-<> noted as Exhibit "A" and hereto made a part of this resolution do not constitute a •Ub•tantial deviation requiring further Development of Regional Impact review. BB IT FURTHER RESOLVED that thi• Resolution be recorded in the ainutes of this Board. Commi•aioner Norris offered the foregoing ~-'--'-'~~~~~~~~~~ Re•olution and moved for its adoption, seconded by Commissioner ~M~&yc~'~K~i~•--~~~~~~-and upon roll call, the vote was: AYBSI Commissioner Norris •. Commissioner Mac' Kie, Commissioner Constantine Commissioner Berry and Commisiaoenr Hancock NAYS: ' ABSENT AND NOT VOTING: ABSTENTION: Done this ,. DO 97-2/19069 I ~-=l~l'--~-day of ~~--"r~e~b~r~u~a~r~y~~' 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DB'VELOPKEHT ORDER 97-2 ------ RESOLUTION NUMBER 97-75 A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1, AS AMENDED, FOR THE TOLL GATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT (ORI), BY PROVIDING FOR: SECTION ONE, AMENDING THE DATE THAT THE DEVELOPMENT ORDER REMAINS IN EFFECT BY PROVIDING FOR ITS EXTENSION; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO OCA AND EFFECTIVE DATE: WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 84-l as amended (the Development Order) on January 17, 1984. which approved a Development of Regional Impact (ORI) known as the Toll Gate Commercial Center; and WHEREAS, the Board of County Commissioners approved Resolution Nwaber 92-222 and Resolution NUlDber 92-100 which amended the Toll Gate Co11111ercial Center Development order, on April 7, 1997 and February 11, 1992 respectively; 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 Devil- opponent Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, the owners of t11e ORI property desire to extend the time that the development order remains in effect; and WHEREAS, Dr. Neno J. Spagna of the Florida Urban Institute, Inc., representing Ashy M. Papineau, Partner, Tollgate Commercial Center Partnership, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier county Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning council (SWFRPC) and has held a public hearing on the petition on January 16, 1997; and Words underlined are additions; Words etrliell threli'Jft are deletions. ' - ---------------·- I' t. jj 1 1 1:r.:I ( WHEREAS, the Board of county Collllllissioners of Collier County baa reviewed and considered the reports of the SWFRPC and the Collier County Planning Co111111isaion and has held a public hearing on the petition on February ll, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER That Section 7 of Development Order 84-l as amended by Resolution 92-100 for the Toll Gate Commercial Center is hereby further amended to read as follows: That this order shall remain in effect until Eleaallller *7-~ Decemb@r 30. 2002. Any development activity wherein plans have been submitted to the county for its review and approval prior to the expiration data of this Order, may be completed, if approved. Thia Order may be extended by the Board of County C0111111issioners on the finding of excusable delay in any proposed development activity.' SEC'l'ION THO: FINPINGS OF FACT A. That the real property which is the subject of this amendment petition is legally described '\S set forth in Exhibit •A•, attached hereto and by reference made a part thereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. c. The development of Toll Gate Commercial center on 100.24 acres of land is for commercial, industrial and residential tourist uses. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted by the county's departments and the SWFRPC. FEB 1 1 1997 F. The development is not in an area desiqnated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. SECTION TURD! CQNCLUSIOHS OF LAW A. The requested amendment of the previously approved Development Order is consistent with the report and recommendations ot the SWFRPC. B. The proposed amendment to the previously approved Development Order will not unreasonably interfere with the achieve11ont of the objectives ot the adopted State Land Develop11ent Plan applicable to the area. c. The proposed amendment to the previously approved Development Order is consistent with the Collier COunty Growth Management Plan and the Land Development Regulation• adopted pursuant thereto. D. The prop6sed amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREYIOUSLX ISSUED DEVELOPMENT ORPER CS\. TRAHSMI'l'TAL TQ PCA ANP EFFECTIVE PATE A. Except as amended hereby, Development Order 84-1 shall re11ain in full force and effect, binding in accordance with its teraa on all parities thereto. Thia a.ended Development Order shall take precedence over all other applicable previous and subsequent Development Ordere which are in conflict thereof. B. Copies of this Development Order 97-2 shall be trannitted immediately upon execution to the Department of ColllllUJlity Affairs, Bureau ot Land and Water Management, and the Southwest Florida Regional Planning Council. c. Thia Development Order shall take effect as provided by law • . ··--·-------- FEB 11 !197 BB IT FOkl'HER RESOLVED that thi• Reaolution be recorded in the ainutee of thi• Board. Cosaiseioner --~c~ounus~t~a~n~t~iun~e._ ____ _ offered the f oreqoinq Reeolution and aoved for it• adoption, eeconded by C0111111ieaioner Bprrv and upon roll call, the vote wae: AYBS: Commissioner Constantine, Commissioner Berry, Commissioner Norri••. Commissioner Mac 1 ltie,. and Commisisoner Hancock HAYSI ABSENT AND NOT VOTING: ABSTENTION: Done this ___ 1_1 ___ _ llARJ B"'1i. l'O BNT ASSISTANT COUNTY ATTORNEY DOA-96-5/18743 day of __ F_e_b_r_u_a_r~y=-----• 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I 17C DEVELOPMENT ORDER NO. 03-_Q3 RESOLUTION NO. 03 -~8 A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1, AS AMENDED, FOR THE TOLLGATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), BY PROVIDING fOR: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER WHICH EXTENDS THE DEVELOPMENT ORDER PERIOD OF EFFECTIVENESS UNTIL DECEMBER 29, 2007; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. \VHEREAS, the Board of County Commiss' oners of Collier County, Florida, approved Development Order 84-I, as amended, (the Development Order) on January I 7, 1984, which approved a Development of Regional Impact (DRI) known as Tollgate Commercial Center; and WHEREAS, since January 17, I 984, the Board of County Commissioners has approved several amendments to the Toll Gate Commercial Center DRI, and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the Board of County Commissioners approved Resolution Number 97-75 which extended the effective date of the Development Order to December 30, 2002; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS; the owners of the DR! property desire to extend the time that the development remains in effect; and WHEREAS, William R. Vines of Vines a.id Associates, Incorporated, representing Robert S. Hardy, Partner, Toll Gate Commercial Center Partnership, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on November 6, 2003; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Commission and has held a public hearing on the petition on December 2, 2003. NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida that: Words underlined arc additions; Words slrnel< tkreHgh are deletions ; 17C SECTION ONE: AMENDMENT OF DEVELOPMENT OREDER That Section 7 of Development Order 84-l, as amended, for the Toll Gate Commercial Center is hereby further amended to read as follows: That this Order shall remain in effect until Deeember 30, 2002 December 29, 2007. 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 OFF ACT A. That the real property which is the subject to the amendment petition is legally described as set forth in Exhibit "A'', attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of Toll Gate Commercial Center on 100.24 acres of land is for commercial, industrial and residential tourist uses. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted the County's departments and the SWFRPC. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. SECTION THREE: CONCULSIONS OF LAW A. The requested amendment of the previously approved Development Order is consistent with the report and recommendations of the SWFRPC. B. The proposed amendment to the approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. E. The proposed amendment to the Development Order is not a substantial deviation from Development Order 84-1, as amended. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 84-1 as amended, shall 2 Words~ are additions; Words strnsk thra11gh are deletions I 17C remain in full force and effect, binding in accordance with its terms on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict therewith. B. Copies of this Development Order No. 03-JU. shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by Law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Donethis O?,Nb dayof_ bece.Mber _,2003. ·-.. , ... Approved as to Form and Legal Sufficiency Marjori Assistant County Attorney DOA-2003-AR-391 I/RB/lo 3 Words underlined arc additions; Words s'.rwek thrawgh are deletions I JOHNSON ENGINEERING, INC. CIVIL ENGINEERS ANO LANO SURVEYORS . I I 11a JOHNSON IT"llT ~ICl1111M~ n:~ca 11111•·1H1 ,.o•T o,.,,c1 aox 1110 ,OltT 1ns"•· ,LO"IDA .... I\.. 11•0•· 1110 . :.··, .. CAJIL IL JOHNSON ••11·1 ... January 7. 1991 DESCRIPTION TOLLGATE COMMERCIAL CENTER SECTION 35, T. 49 S., R. 26 E. AND SECTION 2, T. 50 S., R. 26 E. COLLIER COUNTY, FLORIDA ·I.· . :· ... · • • •• -~ • 4 • .. ,. .. :.; .:-: ! .· ::' .. : . . , A 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, · · Florida which tract or parcel is described as follows: .,. ' .... : . . . --···' --:I ·:.. ~> . , .. • -• •. ' ~ • p ... • . 'I• , .. . ·.· ......... ·., .. . ·'I:.,· :-·· .. · 1· ...... · .. ' .... . ~ ' • • •. ' • • • I f • J • • -· • • ' .)., ~ f • I ' • ·, . .. ...... .... . "'i_ ~ ~ .... : --1 ·· . .- . . ... -- • • ·:1 -~•. : •~I ~ . ' I -\:~:~:\ ... 1.-·' . \. :.: ·-... (; -. : .,, : .· ... :· . ' -: . OWl'tMAH . AROilE T. GRANT. JR. , .FORR~ANKS . · JOSEPH W. EBNER STEVEN K. MORRISON .1. ANDREW O. TILTON . JEFFREY C. COONER .. OAN·W. DICKEY KENTON R. KEILING I GEORGE J: KALAL MICHAEL L HARMON ' THOMAS L FENDLEY W. DAVID KEY. JR. W. BRITT POMEROY I CARL A. BARRACO ,GARY R. BULL . KEVIN M. WINTER CONall. TANTS ' LESTER L. BULSON ROBERTS. O'BRIEN From the southeast corner of said Section 35 rwi N 89• 45' 01" W along the south line of said Section 35, 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 des~ribed in deed recorded in Official Record Book 1477 at Page 246, Collier County Records and the Point of Beginning • From said Point of Beginning run S oo• 02' 19" E along said east line for 60.48 feet to the southeast corner of said parcel; thence run s 89• 57' 41" w along the south line of said parcel tor 2200. 70 feet; thence run S 89 • 56' 02" W continuing along said south line for 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 Two as recorded in Plat Book 18 at Pages 23 and 24, Collier County Public Records; thence run N oo• 46' 58" E along the east line of Phase Two and· said FP&.L easement for 1278. 72 feet to an intersection with the limited access right-of-way line of State Road No. 93 {I-75) also being the northeast corner of said Phase Two and also being the northeast corner of _ .Tollgate Commercial Center, Phase One as recorded in ·Plat Book 16 at Page 1, Collier County Public Records; thence run the following courses and distances illong said limited access right-of-way line: S 87• 55' 12" E for 89.90 feet; thence run S 78• 44' 38" E for 318.32 feet; thence run S 74• 09' 17" E for 1199.30 feet; thence riin S 73• 00' 33" E for 1904.96 feet to a point of curvature; thehce run southeasterly along the arc of said curve to the left of radius 11621.16 feet {delta 01• 09' 07") (chord bearing S 73··35• 07" E) (chord 233.67 feet) for 233.65 feet to an intersection with the ·north right-of-way line of State Road No. ~4 (Old Alligator Alley) ; thence run N 89 • 45' 01" W along the north right-of-way line of said State Road No. 84 3 AGENDA ITEM 8-D I 17C STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DA TE: NOVEMBER 6, 2003 SUBJECT: PETITION NO: DOA-2003-AR-3911, TOLLGATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRJ) AGENT/APPLICANT: Agent: William R. Vines Vines and Associates 800 Harbour Drive Naples, Florida 34103 REQUESTED ACTION: Owner: R. S. Hardy Toll Gate Commercial Center 5692 Strand Court, Suite 3 Naples, Florida 34111 This petition seeks to amend Development Order No. 97-2 for the purpose of extending the life of the Development Order (D.O.) from December 30, 2002 to December 29, 2007, so the development of the remaining undeveloped sites may continue to completion. GEOGRAPHIC LOCATION: The subject site is located in the Southeast quadrant of I-75 and Collier Boulevard, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. (See illustration on following page) D0-03-AR-3911, Toll Gate Commercial Center ( ........ ... II! di~ ~,, ~Iii "' I ~ ~e a .: " ! 61 = ~-.. I bz LU Q .., !< Oo f g II ~. ll ;, Ill I ~ ~ i ~ ::; I ~HQ ·~ ~ ~ : ' I I ~ 2 ::; I ----------.. ~---"'' f ~ ~ I ::! NI! 11 ::: .~ 11 h 11 ii 8 ~··---.. ~· I 17 II! ,,.,.. ...... I • & = = '!! ;!; I ~ I!: . ~ !I -····--·--··---·-- w 1- (/) 0 < .. .. -.. ( -t c ( ( I 17C PURPOSE/DESCRIPTION OF PROJECT: On February 11, 2002, 0.0. No. 97-2 extended the 0.0. life from December 31, 1997 to December 30, 2002, with the provision that if development had not been completed by that date, a further extension could be granted by the Board of County Commissioners. Street, utility and other infrastructure improvements for the entire project have long been completed and approved. Most development sites have been sold and developed. A few sites remain undeveloped however, and to comply with the provisions of D.O. No. 97-2, the applicant seeks to extend the life of the D.O. so that development of the remaining undeveloped sites may continue to completion. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL: Because of the age of the project, the Southwest Florida Regional Planning Council (SWFRPC) and the Florida Department of Community Affairs (DCA) determined that amending the D.O. and extending its life would first necessitate filing a Notice of Proposed Change (NOPC) to a Previously Approved Development of Regional Impact, which Notice must include a new Land Development Transportation assessment (Traffic Impact Study). The Transportation Assessment was conducted under contract with the Southwest Florida Regional Planning Council, and coordinated with Collier County and Florida Department of Transportation (FOOT) transportation staffs. The NOPC was filed on October 1, 2002, and was approved by the Southwest Florida Regional Planning Council without objection on November 21, 2002. DEPARTMENT OF COMMUNITY AFFAIRS: The Department of Community Affairs coordinated their response with the Southwest Florida Regional Planning Council as explained in the paragraph above and a notice of change was filed on October 1, 2002, and approved with no objection. Pursuant to the criteria in Section 380.06(19)(e), Florida Statutes (F.S.), the change listed above is deemed to be consistent with the regional goals, resources and facilities as previously determined through the 0.0. process. As a result, this petition will not create additional regional impacts. Therefore, pursuant to Section 380.06(19)(f) 4., F.S., the Department has not objected to this NOPC. STAFF REVIEW: Development authorizations contained in the Development Orders have been met for years and this is an ongoing project that has a limited number of properties that still need to be developed. The current review of traffic issues by the Southwest Florida Regional Planning Council and State Department of Community Affairs found that the D.O. is still compliant and there were no objections to it. The proposed revision to the Toll Gate Plaza Development Order document does not adversely impact any adopted level of service standard. This amendment only extends the D0-03-AR-3911, Toll Gate Commercial Center 3 I 17C date of expiration for the project by five years from December 30, 2002 to December 29, 2007. Staff is of the opinion that this amendment will not adversely impact the development strategy for the Toll Gate Commercial Center. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of Petition D0-03-AR-3911 as described by the amending Development Order resolution included in this Staff Report. D0-03-AR-391 l, Toll Gate Commercial Center 4 ... , 17C ~BY: . D.~ rolri.ltg ROBIN MEYER, PRINciP PLANNER ~ DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: /0·22:03 LLOWS, CHIEF PL ER DATE TMENT OF ZONING AND LAND DEVELOPMENT REVIEW xf.A .. 4_,vi Ybe..u A.A.~ 10 IZb/03 fiusAN MURRAY, AICP,INTEM DIRECTOR DATE ' DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: J SEPH K. SCHMITI, MINISTRA TOR MMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the November 6, 2003 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN D0-03-AR-3911, Toll Gate Commercial Center 5 1Ah ._fi,_ ~ · Vines & Associates Inc urban planning . land planning William R. Vines, President MemberAICP 17C po box933 800 harbour drive naples florlda 34103 239.262.4164 fax 239.262.5791 e-mail wvines800@aol.com llnville north carolina 28646 828.898.9837 fax 828.898.9847 COVER LEITER APPLICATION TO AMEND THE TOLLGATE COMMERCIAL CENTER DEVELOPMENT ORDER The Tollgate Commercial Center ORI Development Order was originally approved via DO 84-1 on 1-17- 84. It was expanded from 69.4 acres to 100.24 acres via DO 92-1 on 2-11-92. On 2-11-97, DO 97-2 extended the DO life from 12-31-97 to 12-30-02, with the provision that if development had not been completed by that date, a further extension could be granted by the Board of County Commissioners. Street, utility and other infrastructure improvements for the entire project have long been completed and approved. Most development sites have been sold and developed. A few sites remain undeveloped however, and to comply with the provisions of DO 97-2, this application seeks to extend the life of the DO so that development of the remaining undeveloped sites may continue to completion. Because of the age of the project, the Southwest Florida Regional Planning Council and the Florida Department of Community Affairs determined that amending the DO and extending its life would first necessitate filing a Notice of Proposed Change to a Previously Approved Development of Regional Impact, which Notice must include a new Land Development Transportation assessment (Traffic Impact Study). The Transportation Assessment was conducted under contract with the Southwest Florida Regional Planning Council, and coordinated with Collier County and Florida DOT transportation staffs. The Notice of Change was filed on 10-1-02, and was approved by the Southwest Florida Regional Planning Council without objection on 11-21-02. The specific Development Order language adjustment proposed is as follows: Section 7 of Development Order 84-1 as amended by Development Order 92-1, further amended by Development Order 97 -2, is hereby further amended to read as follows: That this Order shall remain in effect until December 30, 2002 Qecember 29. 2007. Any development activity wherein plans have been submitted to the County for its review and approval prior to the expirati.on 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. Words underlined are additions; words struck through are deletions. ............................... Exhibit "A" DOA-2003-AR-3911 Project# 19990193 DATE : 3/25/2003 RAY BELLOWS I 17C PETITION NAME: Tollgate Commercial Center DATE: 3-19-03 APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SERVICES l. Name of Applicant (s.._) _ .... R ..... ,..s ........ H .... a,...rd ... Y-------------------- Applicant's Mailing Address 5692 Strand Court, Suite 3 City Naples State ___ Fl ____ Zip_34111 ___ _ Applicant's E-Mail Address: ____________________ _ Applicant's Telephone Number:Res: _______ Bus.: 239-593-3883 Fax#: 239-594-5677 Is the applicant the owner of the subject property? 0 Yes 0 No 0 (a) 0 (b) ~ (c) 0 (d) 0 (e) 0 (t) If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s} name and address below. See the attached Corporate Structure and Signing Block (If space is inadequate, attach on separate page.) 2. Name of Agent William R. Vines Firm Vines & Associates. Inc. Agents Mailing Address __ 8.._0 ..... 0...._.H .... a ..... rb._o ... u .... r .... D ....... ri_ve..._ ____________ _ CitY_-.:N~a;.11p~l.::.;es ___________ State_FL _______ --'Zip_34103 __ Agent's E-Mail Address: wvlnes800@aol.com Telephone Numbers: Res.: Bus.__.2 .... 3,...9-_.2 .... 6 ... 2_-4 .. J._.6_..4 ______ _ Fax#: 239-262-5791 -- ·----~ 3. DO ORDINANCE NAME AND NUMBER: Tollgate Commercial Center 00 97-2 ~ 17C • 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of the survey (I" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPL YING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION _ __.:;3 ..... s _____ TOWNSHIP 49.South RANGE 26. East See Attached 5. Address or location of subject property Southeast quadrant of 1-75 and Cailler Blvd. 6. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (ff space is inadequate, attach on separate page). No 7. TYPE OF AMENDMENT: 0 D ~ A. B. c. PUD Document Language Amendment PUD Master Plan Amendment Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: ~Yes 0No Ifno,explain: _________________ _ 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? ___ _....N ... o _________________ _ PETITION#: ________ _ DATE: _________ ~ 10. HAS_ ANY PORTION OF THE PUD BEEN~ SOLD and/or 5Zl DEVELOPED? CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVE(OPED? 0 Yes J8lNo IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). Most development sites have been sold and developed. ARE ANY •• Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public bearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately AFFIDAVIT We, 1;:.. ~. t\. A iE::. 0 ':2 being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application. and all sketches, data. and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. TOLLGATE COMMERCIAL CENTER BY TOLLGATE. INC. GENERAL PARTNER By Robert S. Hardy, President SIGNATURE OF OWNER State of Florida County of Collier County BCC Signature of Agent The foregoing rtion was ackno~dged before me this ~fj1 Day of~ , 2002 by ~Of?eif S: fl Who is personally known to me and did not take an o . / .. ~!'..~''-. Valerie J. Stoll ~/ .&, ··~._ Commlasion # CC 818172 ~;l.Aji Expires Apr. 30, 2003 \")'ft';•~ ~ Bonded Thru NOT ARY'Pu~'rft' R~ndtnll' Oo., lnc. w 1 '?G TOLLGATE COMMERCIAL CENTER Corporate Structure and Signing Block TOLLGATE COMMERCIAL CENTER I 50% AMPCO INVESTMENTS, INC (Owned by A. M. Papineau estate) 1 50% 8475, Inc. (Owned by Alex Rubin Estate) SIGNING BLOCK TOLLGATE COMMERCIAL CENTER By Tollgate Joint Venture By Tollgate, Inc. By R. S. Hardy, President I I 50% TOLLGATE JOINT VENTURE I 50% Tollgate, Inc. (Owned by Naples Road Building Corp.) I (Owned by R. S. Hardy and Paul Hardy) DEVELOPMENT ORDER NO. 03-_ RESOLUTION NO. 03 -- A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1, AS AMENDED, FOR THE TOLLGATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPAC1 (ORI), B":t PROVIDING FOR: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER WHICH EXTENDS THE DEVELOPMENT ORDER PERIOD OF EFFECTIVENESS UNTIL DECEMBER 29, 2007; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 84-1, as amended, (the Development Order) on January 17, 1984, which approved a Development of Regional Impact (DRJ) known as Tollgate Commercial Center; and WHEREAS, since January 17, 1984, the Board of County Commissioners has approved several amendments to the Toll Gate Commercial Center ORI, and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the Board of County Commissioners approved Resolution Number 97-75 which extended the effective date of the Development Order to December 30, 2002; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS; the owners of the ORI property desire to extend the time that the development remains in effect; and WHEREAS, William R. Vines of Vines and Associates, Incorporated, representing Robert S. Hardy, Partner, Toll Gate Commercial Center Partnership, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on November 6, 2003; and WHERE~S, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Commission and has held a public hearing on the petition on December 2, 2003. NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida that: Words~ are additions; Wor<is 111~11111 U.rew1ll arc deletions SECTION ONE: AMENDMENT OF DEVELOPMENT QREDER 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 Desertleer 3G1 2QQ2 December 29. 2007. Any development activity wherein plans have i:>c:en submitted to the County tor 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. That the real property which is the subject to the amendment petition is legally described as set forth in Exhibit "A", attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of Toll Gate Commercial Center on 100.24 acres of land is for commercial, industrial and residential tourist uses. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the S WFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted the County's departments and the SWFRPC. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes. SECTION lliREE: CONCULSIONS OF LAW A. The requested amendment of the previously approved Development Order is consistent with the report and recommendations of the SWFRPC. B. The proposed amendment to the approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to the previously approved Development Order is consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. O. The l:'roposed amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. E. The proposed amendment to the Development Order is not a substantial deviation from Development Order 84-1, as amended. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS. TR.ANSMIITAL TO RCA AND EFFECTIVE DATE A. Except es amended hereby, Development Order 84· l as amended, shall 2 Words lllllktJilWI arc addilioos; Words slA1ek 11>ra11p arc deletions remain in full force and effect, binding in accordance with its tenns on all parties thereto. This amended Development Order shall take precedence over any of the applicable provisions of previous development orders which are in conflict therewith. B. Copies of this Development Order No. 03·_ shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management. and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by Law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ____ day of _______ ,, 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency OOA·200l·AR·l9l l/RB/lo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ____________ _ TOM HENNING, CHAIRMAN 3 Words llllilsJ:lilml arc additions; Words 1ll1tolo lhrewp IJ'C deletions I 1 ,~.,_ • .. i:i-r.....-. ~,. ~ DEVELOPMENT ORDER NO. 14-o 2 RESOLUTION NO. 14-2 2 9 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-C PS-01345 /1125028/1] 55 Words struck through are deleted; words underlined are added . Toll Gate Commercial Center DRl /PUD 1of4 DRI-PL20140000561 -Rev . 10/15 /1 4 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 l, 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-CP S-01345 /1125028/1] 55 Words struek through are deleted; words underlined are added. Toll Gate Commercial Center DRI /PUD 2 of 4 DRI-PL20140000561 -Rev . 10/15/14 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 3 80.06(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 Board. 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 This Resolution adopted after motion, secon& and majority vote of the Board of County Commissioners of Collier County, Florida, this a.'l day of OCTOBER , 2014. [14-CPS-01 34511125028/1] 55 Words struck through are deleted ; words underlined are added. Toll Gate Commercial Center DRI/PUD 3 of 4 DRl-PL2 0140000561 -Rev. 10/1 5/14 A TTES~; . .'n c, "· DWIQHt E : -BROCK, CLERK ··' , I • Approv d legality: Scott A. Stone ((er HfJ\c.) Assistant County attorney Attachments: Exhibit A -Legal Description BOARDt OF COUNT COMMISSIONERS COLLIE OUNT LORIDA • B ,..-J --y: ______ :___ ___ -#'-- Exhibit B -Notice of Proposed Change ( 14-CPS-O 1345/1125028/1] 55 Words struek through are deleted ; words underlined are added . Toll Gate Commercial Center DRI /PUD 4 of 4 DRI-PL20140000561 -Rev . 10/15/14 r '19o:: I JOHNSON ENGINEERING, INC. I 2 158 JOHNSON STREET TEL.E,.HONE 18 131 33,-00All TELECOPIER 18 131334-3615 I POST OFFICE BOX 1!1!10 FORT MYERS . FLORIOA I 33902 -15!10 I I I I I I I I I I CARLE. JOHNSON 1911 . 191511 I CHAIRMAN ARCHIE T . GRANT. JR. I PRESIOENT FORREST H. BANKS JOSEPH W . EBNER STEVEN K. MORRISON I ANDREW D . TILTON JEFFREY C . COONER DAN W . DICKEY KENTON R. KE I LING I GEORGE J . KALAL MICHAEL L. HARMON THOMAS L. FENDLEY W . DAVID KEY. JR . W . BRITT POMEROY I CARL A . BARRACO GARY R . BULL KEVIN M . WINTER CONSULTANTS ' LESTER L. BULSON ROBERTS . O 'BRIEN CIVIL ENGINEERS AND LAND SURVEYORS January 7, 1991 DESCRIPTION TOLLGATE COMMERCIAL CENTER SECTION 35. T. 49 S., R. 26 E. AND SECTION 2, T. 50 S., R. 26 E. COLLIER COUNTY, FLORIDA A 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, 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, 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 Records and the Point of Beginning. From said Point of Beginning run S 00 ° 02' 19" E along said east line for 6o.48 feet to the southeast corner of 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 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 Two as recorded in Plat Book 18 at Pages 23 and 24, Collier County Public Records; thence run N oo• 46' 58" E along the east line of Phase Two and said FP&L easement for 1278.72 feet to an intersection with the limited access right-of-way line of State Road No. 93 (I-75) also being the northeast corner of said Phase Two and also being the northeast corner of Tollgate 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 for 89.90 feet; thence run S 78• 44' 38" E for 318.32 feet; thence run S 74• 09' 17" E for 1199.30 feet; thence run S 73• 00' 33" E for 1904.96 feet to a point of curvature; thence run southeasterly along the arc of said curve to the left of radius 11621.16 feet (delta 01 ° 09' 07'') (chord bearing S 73 • · 35' 07" E) (chord 233.67 feet) for 233.65 feet to an intersection with the north right-of-way line of State Road No. ~4 (Old Alligator Alley); thence run N 89• 45' 01" W along the north right-of-way line of said State Road No. 84 3 DOA-PL20140000 Tollgate Co ~6 1 Rev: 1 (N t· mmerc1al Center DRI o ice of Propes d Date : 6120114 e Change) DUE : 7114114 Exhibit A ft Page_J_of~ . I I I I I I I I I I I I I I I I I I I JOHNSON ENGINEERING , INC. Section 35, T. 49 S., R. 26 E. January 7, 1991 Page 2 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 oo· 02 I 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 acr.es 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 Ph ase 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 73° 00' 33" W. MWN/pd 25023 ~&~--MihaeiW: NOrlilan ' Professional Land Surveyor Florida Certificate No. 4500 Exhibit A Page~of~ 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 (ORI) 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 t r ue 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 Exhibit B Page-Lor~ DOA-PL20140000561 Rev: 1 Tollgate Commercial Center ORI (Notice of Proposed Change) Date : 6/20/14 DUE : 7/14/14 2. Applicant (name, address , phone). NRE98, LLC. c/o Mr. Michael Wick P.O. Box512 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 c/o 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 DR/ to August 1, 2021. No other changes to the DR/ are proposed. 2 E~hibit B Page~of_!l 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved i n the development. If no change is proposed or has occurred , i ndicate 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 ORI development order that have been adopted by the local government, and provide a brief description of the previous change s (i.e., any information not already addressed in the Substantial Deviation Det erm i nation Chart). Has there been a change in local government jurisdiction for any port ion of t he development since the last approval or development order was issued? If so, has the annexing local government adopted a new ORI development order for the project? Please see the attached Composite Exhibit 1. INTENTIONALLY OMITTED • Ordinance 84-06 PUD Approval for 69.4 acres • DR/ Development Order 84-1 approving ADA for 69.4 acre DR/ • 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 DR/ Development Order 84-1 • Resolution 92-222 Amending DR/ Development Order 84-1 • Ordinance 93-91 Amending PUD Conditions • Resolution 97-74 Substantial Deviation Amending DR/ Development Order 84-1 • Resolution 97-75 Amending DR/ Development Order 84-1 extending build-out to 12/30/02 • Resolution 03-428 Amending DR/ Development Order 84-1 extending build-out to 12/29/07 • EX-2010-AR-14663 Extending DR/ build-out to 1/1/12 (Under Florida State Senate Bill 1752) 8. Describe any lands purchased o r optioned within 1/4 m i le of the original ORI site subsequent to the original approval or issuance of the ORI development order. Iden t ify such land , its size, intended use , and adjacent non-project land uses within Yz mile on a proj ect 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 DR/. The co-applicants on this request are two of the remaining vacant land owners within the DR/. 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), Flor ida Statutes . 3 Exhibit B Page -3_ of _j_ 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 DR/ 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, pha sing, and build-out date of the development; to development order conditions and require m ents ; to comm itments 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 ma j or 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 DR/ has not changed since the last approved extension request. Please find attached, to this submittal, a copy of the 4 Ex hibit B Page Ji_ of _j__ 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 DR/ 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 DR/ 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 subm itted as specified in Subsection 73C-40 .025 (7), F.A.C. This is not applicable. 5 ExhlbitB Page _E_ of --9.- oo-z-10 cn>o2.0 m ro ::!':~ )> •• .. C') II) I -..JO>(!) --u :::;;i\:) CD r ~oao~ =:i:~"'tJO ~ ~~a3~ 1 "O 3 g 0 (I) 0 (II "'0 (I) !?. (Jl a. t» O> C') 0 __. ::r (I) t» ::I ::I -(Q (I) :;o (I) "' (I) -o< :;o •• -.... "' ~ .~tr-& o-~= ® t'1 ~ H to H t-3 ~ rt:.;·, v ( Pf5..s1 ...... .. ACRES .,._~I if·b .. "'~" Cl 1--1 -----.---, "---1F l~i----i.-----1 0 ;::o c:o ()l -"l" "tn "' ... ":er I~ "I" 'W' "::' TOWtO .. ,., "a" . ..... II ..... .. "ft' I I ":' I> IVE ...... ,..... .. II ":f' I ":r C.R. 84 R/W l..llE "A" I ·e· P ARCElS I P ARCnS ..... .. ..... . . ·1.' (") 0 0 ,..., <-<~ < g ~ >-3 ,..., r "'::0 0 Os: D !:"" -0 )> ~ t=;·· 3: U1. N .... > ,..., ~ ~ I~~-~ z r>1 • ~;o ..-z ~ ::0 NOlE: "A" NIO "8" PARCELS WU. PRO\'IOE GOODS ANO SERVICES TO MOTORISTS AND AREA RESIDENTS. AODITIONAU Y. ·a· PARCELS 'MLL ACCOMOOAlE SER\'ICE, ASSEMBl Y, WHOl.ESAU:, AND RELATED H(AVY BUSINESS USES. -... . -.. -. u; Ol ci ~ 0 .__ _ _._a:: ~ w __J :J 0 Ill a:: __ ..., w DOA-PL2014000056 1 Re v : 1 Tollgate commercial Center ORI (Notice of Proposed Change) Date : 6/20/14 DUE: 7/14/14 0 0.5 --·--•MI LE LEGEND -BOUNDARY -MAJOR ROADWAYS SOURCES : COLLIER CO UNTY GEOGRAPHIC INFO RMAT ION SYSTEMS (201 4) De DAVIDSON ENGINEERING , INC. 4365 RADIO ROAD , SUITE 201 NAPLES , FL 34104 P~Y U?~R~~ PHONE : 239-434-6060 . Exhibit B JfMll'.-' ._, . .-.--Pa e TOLLGATE COMMERCIAL CENTER ORI LOCATION MAP \~ I JOHNSON ENGINEERING, INC. I 2 158 JOHNSON STREET TELEPHONE1813133•"°'6 TELECOPIER CB 131334·366 I POST OFFICE BOX 1550 I I I I I I I I I I I FORT MYERS . FLORIDA 33!102 · 1550 CARLE. JOHNSON 1!111 · 1!168 I CHAIRMAN ARCHIE T . GRANT. JR. I PRESIDENT FORREST H . BANKS JOSEPH W . EBNER STEVEN K. MORRISON I ANDREW D . TILTON JEFFREY C . COONER DAN W . DICKEY KENTON R . KEILING I GEORGE J . KALAL MICHAEL L. HARMON THOMAS L. FENDLEY W . DAVID KEY . JR . W . BRITT POMEROY I CARL A . BARRACO GARY R . BULL KEVIN M . W I NTER CONSULTANTS I LESTER L. BULSON ROBERT S . O 'BRIEN CIVIL ENGINEERS AND LAND SURVEYORS January 7, 1991 DESCRIPTION TOLLGATE COMMERCIAL CENTER SECTION 35, T. 49 S., R. 26 E. AND SECTION 2, T. 50 S., R. 26 E. COLLIER COUNTY, FLORIDA A 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, Florida which tract or parcel is described as follows: From the southeast earner of said Section 35 run N 89° 45' 01" W along the south line of said Section 35, also being the common township line of said Township 49, and 50 for 437.90 feet ta an intersection with the east line cf the parcel as described in deed recorded in Official Record Book 1477 at Page 246, Collier County Records and the Point of Beginning. From said Point cf Beginning run s 00° 02 I 19" E along said east line for 6o.48 feet to the southeast corner of 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 1318.67 feet to an intersection with the east line of a 170 foot Florida and Power & Light Easemen t , also being the southeast corner of Tollgate Commercial Center Phase Two as recorded in Plat Book 18 at Pages 23 and 24, Callier County Public Records; thence run N 00° 46' 58" E along the east line of Phase Two and said FP&L easement far 1278.72 feet to an intersection with the limited access right-of-way line of State Road No. 93 (I-75) also being the northeast corner of said Phase Two and also being the northeas t corner of Tollgate 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-cf-way line: S 87° 55' 12" E for 89. 90 feet; thence run S 78 ° 44' 38" E for 318. 32 feet; thence run S 74° 09' 17" E for 1199.30 feet; thence run S 73• 00' 33" E for 1904.96 feet to a point cf curvature; thence run southeasterly along the arc cf said curve to the left of radius 11621.16 feet (delta 01° 09' 07") (chord bearing S 73° -35' 07" E) (chord 233.67 feet) for 233.65 feet to an intersection with the north right-of-way line of State Road No. 84 (Old Alligator Alley); thence run N 89° 45' 01" W along the north right-cf-way line of said State Road No. 84 Exhibit B Page ...i_ of _!L 3 DOA-PL2014000 Tollgate Co 0 ~61 Rev: 1 (Not· mmerc1al Center DR! ice of Propos d C Date : 6120114 e hange) DUE: 7114114 . I I I I I I I I I I I I I I I I I I I JOHNSON ENGINEERING, INC. Section 35, T. 49 S., R. 26 E. January 7, 1991 Page 2 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 oo• 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 73° 00' 33" W. MWN/pd 25023 ~&~~~ MihaeiW: NOrDlan ' Professional Land Surveyor Florida Certificate No. 4500 Exhibit B Page _j_ of .J1__ ORDINANCE NO. 15- 49 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-10, AS AMENDED, THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING THE PUD MASTER PLAN TO CONVERT LOTS 16 THROUGH 20 AS SHOWN ON THE PUD MASTER PLAN FROM COMMERCIAL TO COMMERCIAL/LIGHT INDUSTRIAL; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD (CR-951) AND BECK BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PUDA-PL201500002811 WHEREAS, on February 11, 1992, the Board of County Commissioners adopted Ordinance No. 92-10, which established the Tollgate Commercial Center Planned Unit Development (the "Tollgate PUD"); and WHEREAS, on December 14, 1993, the Board of County Commissioners adopted Ordinance No. 93-91, which amended the Tollgate PUD; and WHEREAS, Sky Angel Center, LLC represented by Frederick E. Hood, AICP of Davidson Engineering, Inc. petitioned the Board of County Commissioners to further amend the Tollgate PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to PUD Master Plan. Exhibit "A" to the PUD Document, the PUD Master Plan, attached to Ordinance No. 92- 10, as amended, is hereby amended and replaced with the Exhibit "A" attached hereto and incorporated herein. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by supe-majority vote of the Board of County Commissioners of Collier County, Florida, this day of ce ()-P rn 6-Cr , 2015. 15-CPS-01426/1175904/1] 17 1 of 2 Tollgate Commercial Center—PUDA-PL20150000281 4/30/15 ATTEST.;;`BOARD OF COUNTY COMMISSIONERS DW HT E. BRO , CLERK COL y? U Nb Y, FLORIDA tv By: 1._y Depu; Ci r'k TIM NANCE, Chairman Attest Os to AIMS signaturely4` Approved as to form and legality: J I 0\(/ Heidi Ashton-Cicko 1\k Managing Assistant County Attorney Attachment: Exhibit A—Revised PUD Master Plan 15-CPS-01426/1175904/11 17 2 of 2 Tollgate Commercial Center—PUDA-PL20150000281 4/30/15 ANIAPII 1.4.ip7.-,.;,, •:•.-r.cr. on-,.... aMASTERDEVELOPMENTPLANTox.:.: :k pTOLLGATE1..: ...:COMMERCIAL CENTERJanuary, 1991 o?o.n, ••.i....••• .::::::i:•:&:: p41-, cle.•:•)*;;:::::::::::::::::::::::::::::::::: 1',5ticnrc0,.!c 0 0-5w.1. cd..tIIIAl if IIIOIIIIIII C-4 '' a, ai::,:-.;:.,1 A c.4.7 t U.••. -. 01,4-4 fi43t1 Iz' 4 3 F-0.• . 1.11.1.111111— 40 t ci: v.) A ' A) z 5-1• gcr)••0,E.., V r.-. Wif::: MANNLX DRIVE 4 A ..-‘,4. g- r-.. iiii• ::::::i " 1..4 x.x.y...:::.,:.:.:.:.: 11' g" r g?' r 1:g 0c''' rj g cn 2 II 1: 0 017 144_.:-,4 c a. I I 1:: BUSH BOULEVARD 0 M: N\--- FP&I.E ASF1EN T—. I t a g- t g 2 g3 t II 0 ,g E . g” 0i- t, i-g, o TOLLGATE BLVD. 2 cn -.;'43 46 t i i t C.R. 951 s\71111 11 IN lf EXHIBIT "A" i iicHSirF 4101t. FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State September 25, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ms. Teresa L. Cannon, BMR Senior Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 15-49, which was filed in this office on September 25, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us 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 DOA-PL20150000545— 8/27/15 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\sApril21,2015 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 Exhibit A Page.,.,of/a, OA° cctWa.Z WC7d4 CAU :d c-) oAO. bOw0 . ddWA 0.. a 0 Qz o a r4a ct axO U 0 z b O O1) Q d o aza C.y U N W v) 4 C O W Or o z A O o a a. tza O ocn Q 00 > w E A a C to a E i 4. 0 E.r O b0A 0 0 O Q W„ ai Q s c N V U t).0 -p Q ct to .2 vQ O W O = N v 0 'O o 6 C c . 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O bOA c0 CIO 0 sue. al 0 CD 0 C v a>i O p V V Q to H M Q d V) c C] Q E a- L I, >,C cti 7cs Cc's' a o o L Q C3 c o c o 0 EQtpa - o o W 0 C. a) v o o .o L alal -4-4 L>..>— i• Cri L r'n G > 0 a) 'V a) a a) as . O c9 . ciO. Z -a Exhibit A heap l2 of ) t_ MAF'IiMASTER 6;DEVELOPMENT PLAN rTOLLGATE Z COMMERCIAL CENTER AJanuary, 1991 oo8pW rW1Zti• .. 7.WaJ 1 ill1 g .,. ir1 jam ty o?oao t tir}alt; rn t. WaV ti• 0: p Yd at NA w F t,+ 14:I;M.: AI IX DRIVE 1fix: v~, t, C F yn W 4rI W : 1.' 0 •4115:: _ 11111 a. gr t, F Ma w.w •4 4HIII Li cz 0.y , ct C 1 1ii ti. BUSH BOULEVARD-Q C 1:ti j IL F1'&I.F.AS F'.V,FVT t t g_ W go A fil re W.§ a W TOLLGATE BLVD. W N r t ( t W F e a h3 t Q tomZL1 4 '4 MIN C.R. 951 VIEW .. C r.1 EXHIBIT B Subject: Re: Toll Gate Commercial Center PUD Application From: Robert Duane (robertrosalba.duane@yahoo.com) To: jessicarusso@comcast.net; annismoxam@colliergov.net; Date: Wednesday, January 6, 2016 7:21 PM Per our conversation on January 4th pertaining to the Toll Gate Commercial Center PUD That I am submitting to you shortly please note that on page 2 of the previously approved addressing check list that the following folio #'s ending in 2102, 2209, 2063 and 2089 ( A condominium building fronting on Beck Blvd. ) are not contained in the new addressing check list. The legal description attached to the addressing check list does not included these properties. Thanks, Robert L. Duane & Associates On Monday, January 4, 2016 11:28 AM, Jessica Russo <jessicarusso@comcast.net> wrote: Bob, Folio ending in 2209 should not be in the new addressing checklist either. I’m reviewing everything now and will send you the updated legal. I will have the check later today and the fully executed and notarized covenants of unified control and disclosure of interest tomorrow. I’ll give you a call later, I have a few things to get through first. Thank you. Jessica Russo Development Realty, LC 5645 Strand Boulevard Naples, FL 34110 239.849.0012 From: Robert Duane [mailto:robertrosalba.duane@yahoo.com] Sent: Monday, January 4, 2016 10:25 AM To: MoxamAnnis Cc: Jessica Russo Subject: Toll Gate Commercial Center PUD Application Page 10 of 15 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 10. Addressing Checklist and Location Map. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressing personnel prior to pre-application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) BL (Blasting Permit) BD (Boat Dock Extension) Carnival/Circus Permit CU (Conditional Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) PSP (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) SDP (Site Development Plan) SDPA (SDP Amendment) SDPI (Insubstantial Change to SDP) SIP (Site Im provement Plan) SIPI (Insubstantial Change to SIP) SNR (Street Name Change) SNC (Street Name Change – Unplatted) TDR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Site Fill Permit) OTHER LEGAL DESCRIPT ION of subject property or properties (copy of lengthy description may be attached) STREET ADDRESS or ADDRESSES (as applicable, if already assigned) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) 1 LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way PROPOSED PROJECT NAME (if applicable) SDP - or AR or PL # SURVEY (copy - needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) 3845 Beck Blvd. + Bush Blvd. 3889 Toll house Drive. See attached Location Map Toll Gate Commercial Center PUD N/A N/A PUD-A (See PUD Master Plan & Aerial for subjects) FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 76885100900 Center Phase Tract 24-28 + A (76885100861, 76885100887, 76885100939, 76885100955,76885100900 76875002021, 76875002047, 76875002128, 76875002144, 76875002160, 76875002186, 76885050555. (Plat Book 4824 Pages#31-47; (Plat Book 4836 Pages#15-58; Plat Book 3889 Pages#40-46; Plat Book 3360 Pages#18-65; Plat Book 1731 Pages#20-44;). , an aerial, and a PUD Master Plan depicting location of subject property. (Addendum) The reference number for the meeting request is HH20150007319 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.c ol liergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX (239} 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) N/A Please Return Approved Checklist By: [!] Email O Fax O Personally picked up Applicant Name: Robert Duane from Robert L. Duane & Associates for Sky Angel Holdings & Toll Gate Naples, LLC Phone: 239-353-4167 239-595-5096 Email/Fax: Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number Folio Number Folio Number Folio Number Folio Number Folio Number ....l...l,�"'-l...l,j�"-L--------76875002021 -7687500 2047 -!...!��_..:...:::..:..::.;:...:...::..:..:....:...:..... __ --J7�5.e8-fi75:N:0A:10�20�6�3 - 76875002089 7688510086 1 76885100887 76885100764 76885100900 76885100939 76885100955 76885100654 76885100780 76885050555 76876002102·-76875002128 76875002144 -76875002160 76875002186 --76875002209 76885050403 76885100706 76885100722 76885100748 Approved by:, ________________ Date: 10/8/15 Up dated by:. ________________ Date: __ 1 _11_6 _11_5 ______ _ IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED No parcel data per Collier Appraiser. EXHIBIT “A” LEGAL DESCRIPTIONS 3825 BECK BOULEVARD 3845 BECK BOULEVARD ALL OF THE TRACTS 7 THROUGH 9 AS RECORDED IN PLAT BOOK 22 PAGES 95 THROUGH 100, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; AND PART OF TRACT 10 AS RECORDED IN PLAT BOOK 18, PAGE 23 AND 24 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Tollgate Commercial Center PUD PUDA- PL20150002280 3933, 3935, 3939 AND 3945 TOLLHOUSE DRIVE AND AND 3860, 3868, 3877 AND 2889 TOLLHOUSE DR. Tollgate Commercial Center PUD PUDA- PL20150002280 Tollgate Commercial Center PUD PUDA- PL20150002280 MAP #FOLIO #OWNER MAILING ADDRESS SITE ADDRESS LEGAL DESCRIPTION ACREAGE 1 76885050403 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3845 BECK BLVD. TOLLGATE COMMERCIAL CENTER PHASE TWO, TRACT 7, TRACT 8 AND TRACT 9 2.44 2 76885050555 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3825 BECK BLVD. TOLLGATE COMMERCIAL CENTER PHASE TWO TRACT "10" LESS THAT PORTION OF TOLLGATE BUSINESS PARK III CONDO AS DESC IN OR 4042 PG 998. 0.13 3 76875002021 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3825 BECK BLVD.TOLLGATE BUSINESS PARK III CONDOMINIUM UNIT 701 2.02 4.46 76875002047 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3825 BECK BLVD.TOLLGATE BUSINESS PARK III CONDOMINIUM UNIT 702 0 76875002128 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3825 BECK BLVD.TOLLGATE BUSINESS PARK III CONDOMINIUM UNIT 721 0 76875002144 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3825 BECK BLVD.TOLLGATE BUSINESS PARK III CONDOMINIUM UNIT 722 0 76875002160 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3825 BECK BLVD.TOLLGATE BUSINESS PARK III CONDOMINIUM UNIT 723 0 76875002186 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3825 BECK BLVD.TOLLGATE BUSINESS PARK III CONDOMINIUM UNIT 724 0 4 76885100706 SKY ANGEL CENTER LLC 1300 GOODLETTE RD N. NAPLES, FL 34102 3889 TOLLHOUSE DR.TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 16 1.33 5 76885100722 SKY ANGEL CENTER LLC 1300 GOODLETTE RD N. NAPLES, FL 34102 3889 TOLLHOUSE DR.TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 17 1.28 6 76885100748 SKY ANGEL CENTER LLC 1300 GOODLETTE RD N. NAPLES, FL 34102 3877 BUSH BLVD.TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 18 3.29 7 76885100764 SKY ANGEL CENTER LLC 1300 GOODLETTE RD N. NAPLES, FL 34102 3868 BUSH BLVD.TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 19 1.52 8 76885100780 SKY ANGEL CENTER LLC 1300 GOODLETTE RD N. NAPLES, FL 34102 3860 BUSH BLVD.TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 20 1.51 9 76885100900 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3945 TOLLHOUSE DR TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 26 AND PART OF TR A VACATED BY OR 4109 PG 3918 BY RES 06-227, LESS THAT PORTION NKA TOLLGATE BUSINESS PARK IV CONDO AS DESC IN OR 4311 PG 2208 (PH 1 BLDG 9) 0.52 10 76885100887 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3939 TOLLHOUSE DR TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 25 AND PART OF TR A AS VACATED BY OR 4109 PG 3918 BY RES 06-227 1.68 11 76885100939 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3935 TOLLHOUSE DR TOLLGATE COMMERCIAL CENTER PHASE THREE A PORTION OF TR 27 DESC IN OR 3360 PG 1867 AND PART OF TR A VACATED BY OR 4109 PG 3918 BY RES 06-227 0.67 12 76885100861 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3933 TOLLHOUSE DR TOLLGATE COMMERCIAL CENTER PHASE THREE TRACT 24 AND A PORTION OF TR A VACATED BY RES 06-227 IN OR 4109 PG 3918 1.66 13 76885100955 TOLLGATE NAPLES, LLC 3845 BECK BLVD., #807 NAPLES, FL 34114 3935 TOLLHOUSE DR TOLLGATE COMMERCIAL CENTER PHASE THREE A PORTION OF TR 28 DESC IN OR 3360 PG 1865 AND PART OF TR A VACATED IN OR 4109 PG 3918 BY RES 06-227 0.68 18.73 14.27 TOLLGATE PUDA AFFECTED PARCELS r I ____________________________________________________ ________________________________________________________ _____________________________________________________ _________________________________________________________ Page 11 of 15 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 11. A proposed Trip Generation Analysis 2015 & 2016 are provided comparing existing and proposed uses. 8 7 4 3 2 1 5 6 New Pond Existing Pond New Structure Resurfacing New Construction LLWVWVLLL FLLLBURIED WIRESPOLE WITHCONC. UTIL.new line I-75 AND SR951 ULTIMATE ICHG. PD&EKITTELSON & ASSOCIATES, INC. P.E. License No.: 25730 Engineer of Record: John R. Freeman, Jr. P.E., P.T.O.E. Certificate of Authorization: 007524 (407) 540-0555 Orlando, Florida 32801 225 E Robinson St., Suite 450 CONCEPTUAL-NOT FOR CONSTRUCTION CONCEPTUAL-NOT FOR CONSTRUCTION 11/14/2013 12:36:42 PM C:\dgn_projects\I75_SR951\roadway\planrd_RPA_01.dgn ROAD NO.COUNTY DESCRIPTIONDATE DESCRIPTIONDATE REVISIONS FINANCIAL PROJECT ID STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NO. SHEET 425843-2-22-01 COLLIER Alternative Horizontal Elements Recommended Preferred SR/CR951 I-75/SR93 rnan Match Line Sta. 775+00.0001N200 Feet 0 50 Begin Collier Blvd (SR/CR951) Sheets Range Sta. 747+00.00EXIST. R/W. EXIST. R/W. COLLIER BLVD (CR 951)BUSINESS CIR SN Sta. 772+81 Begin Project to Remain As-Is Existing Intersection EXIST. R/W. Right-turn Lane Extend Exist. 750 755 760 765 770 775 8 7 4 3 2 1 5 6 New Pond Existing Pond New Structure Resurfacing New Construction WCLWV WV WV WV WVWV FLCCFFFWVWV DYH DY HWVBILLBOARD 1 448812.82UTV F LAG1453 29.30GCRI-75 AND SR951 ULTIMATE ICHG. PD&EKITTELSON & ASSOCIATES, INC. P.E. License No.: 25730 Engineer of Record: John R. Freeman, Jr. P.E., P.T.O.E. Certificate of Authorization: 007524 (407) 540-0555 Orlando, Florida 32801 225 E Robinson St., Suite 450 CONCEPTUAL-NOT FOR CONSTRUCTION CONCEPTUAL-NOT FOR CONSTRUCTION 11/14/2013 12:36:58 PM C:\dgn_projects\I75_SR951\roadway\planrd_RPA_02.dgn ROAD NO.COUNTY DESCRIPTIONDATE DESCRIPTIONDATE REVISIONS FINANCIAL PROJECT ID STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NO. SHEET 425843-2-22-01 COLLIER Alternative Horizontal Elements Recommended Preferred SR/CR951 I-75/SR93 rnan Match Line Sta. 775+00.00Match Line Sta. 803+00.0002N200 Feet 0 50 8" WM EXIST. R/W. EXIST. R/W. EXIST. R/W. TOLLGATE BLVDDAVIS BLVDCOLLIER BLVD (CR 951)BECK BLVDEXIST. LA R/W. EXIST. R/W.BUSINESS CIR NN EXIST. R/W. Into a Through Lane Right-Turn Lane Reconstruct Exist. PROPOSED R/W. into a MUP Reconstruct Ramp New MUP Under Concrete Path Exfiltration Trench Begin Ramp C-2 Sta 1795+00 Begin Structure 1 Sta 3715+00 Begin Struture 4Sta 3724+00 End Struture 4 AIR RIGHTS PROPOSED LA R/W. AIR RIGHTS PROPOSED R/W. Under Concrete Path Exfiltration Trench New MUP Henderson Canal Realign the to Remain As-Is EXIST. Pond End Ramp A-1 Under Concrete Path Exfiltration Trench Close the Outside Lane Ramp B Pond to accomodate Reconstruct the Exist. Ramp B Begin Signal Heads Optically Programmed Traffic Signal with Install New Mast Arm and Retaining Wall Structure 2 Abutment Devices along the Install Attenuation Reconstruct MUP PROPOSED R/W.1101295775 780 785 790 795 800 3715 372037253730 1790 1795 1800 8 7 4 3 2 1 5 6 New Pond Existing Pond New Structure Resurfacing New ConstructionLCCLCFFFFFFFFFFFFFFFFFFFF I-75 AND SR951 ULTIMATE ICHG. PD&EKITTELSON & ASSOCIATES, INC. P.E. License No.: 25730 Engineer of Record: John R. Freeman, Jr. P.E., P.T.O.E. Certificate of Authorization: 007524 (407) 540-0555 Orlando, Florida 32801 225 E Robinson St., Suite 450 CONCEPTUAL-NOT FOR CONSTRUCTION CONCEPTUAL-NOT FOR CONSTRUCTION 11/14/2013 12:37:15 PM C:\dgn_projects\I75_SR951\roadway\planrd_RPA_03.dgn ROAD NO.COUNTY DESCRIPTIONDATE DESCRIPTIONDATE REVISIONS FINANCIAL PROJECT ID STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NO. SHEET 425843-2-22-01 COLLIER Alternative Horizontal Elements Recommended Preferred SR/CR951 I-75/SR93 rnan Match Line Sta. 803+00.00M at ch Li ne St a. 287+00.00Match Line Sta. 831+00.00M at ch Li ne St a. 301+00.00M at ch Li ne St a. 287+00.00EXIST. LA R/W. EXIST. LA R/W. EXIST. LA R/W. EXIST. LA R/W. EXIST. 12" FM I-75 NB OFF RAMPI-75 NBI-75 SBCOLLIER BLVD (SR 951)I-75 SB OFF RAMPI-75 SB ON RA MP COLLIER BLVD (SR 951)I-75 NB ON RAMPRAMP DR A MP B 48" WMN 200 Feet 0 50 03 N Proposed Pond 2 Proposed Pond 4S PROPOSED LA R/W. Proposed Pond 1C Begin Ramp A-1 to be Reconfigured Exist. Pond Pond 4N-A Proposed Pond 4N-B Proposed Pond 4N-C Proposed RAMP C-1 RAMP A-1 RAMP A-2R A MP A-3 PROPOSED LA R/W. Sta 1807+91.50 End Structure 1 to Remain Exist. I-75 Structures Proposed Pond 1B Proposed Pond 1A Sta 2832+88.50 End Structure 2 Sta 64+14.00 End Structure 3 Sta 2830+82.50 Begin Structure 2 Sta 62+08.00 Begin Structure 3 with Pond 3N to be Expanded Exist. Pond Proposed Pond 3N Separator Proposed Traffic Separator Proposed Traffic Sta 830+30.00 End of Project End of Transition to Two Lanes Narrow Left-turn Pocket Replace Loop Detectors Traffic Signal Heads Update the Exist. Sta 804+00 Lanes Transition Begin Through with Pond 2 to be Expanded Exist. Pond Crosswalk New MUP 285290295300805 810 815 820 825 830370037053710 1805 1810 2815 282028252830283528404805 4 8 1 0 4815505560657069069544045690695200 New Pond Existing Pond New Structure Resurfacing New Construction 8 7 4 3 2 1 5 6LLLLFFFFFFFFFFFFF I-75 AND SR951 ULTIMATE ICHG. PD&EKITTELSON & ASSOCIATES, INC. P.E. License No.: 25730 Engineer of Record: John R. Freeman, Jr. P.E., P.T.O.E. Certificate of Authorization: 007524 (407) 540-0555 Orlando, Florida 32801 225 E Robinson St., Suite 450 CONCEPTUAL-NOT FOR CONSTRUCTION CONCEPTUAL-NOT FOR CONSTRUCTION 11/14/2013 12:37:31 PM C:\dgn_projects\I75_SR951\roadway\planrd_RPA_04.dgn ROAD NO.COUNTY DESCRIPTIONDATE DESCRIPTIONDATE REVISIONS FINANCIAL PROJECT ID STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NO. SHEET 425843-2-22-01 COLLIER Alternative Horizontal Elements Recommended Preferred SR/CR951 I-75/SR93 rnan Match Line Sta. 831+00.0004N200 Feet 0 50 End Collier Blvd (SR/CR951) Sheets Range Sta. 854+16.82 Ext. 483.18COLLIER BLVD (CR 951) LAKE BLVD EXIST. R/W. EXIST. R/W. EXIST. LA R/W. LA R/W. EXIST. EXIST. R/W.CITY GATE DRIVENMAGNOLIA POND DRIVEto be Reconfigured Exist. Pond to Remain As-Is Exist. Pond CITY GATE BLVDto Remain As-Is Exist. Roadway 840 845 8505055 60 New Pond Existing Pond New Structure Resurfacing New Construction 8 7 4 3 2 1 5 6 I-75 AND SR951 ULTIMATE ICHG. PD&EKITTELSON & ASSOCIATES, INC. P.E. License No.: 25730 Engineer of Record: John R. Freeman, Jr. P.E., P.T.O.E. Certificate of Authorization: 007524 (407) 540-0555 Orlando, Florida 32801 225 E Robinson St., Suite 450 CONCEPTUAL-NOT FOR CONSTRUCTION CONCEPTUAL-NOT FOR CONSTRUCTION 11/14/2013 12:37:47 PM C:\dgn_projects\I75_SR951\roadway\planrd_RPA_05.dgn ROAD NO.COUNTY DESCRIPTIONDATE DESCRIPTIONDATE REVISIONS FINANCIAL PROJECT ID STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NO. SHEET 425843-2-22-01 COLLIER Alternative Horizontal Elements Recommended Preferred SR/CR951 I-75/SR93 rnan Match Line Sta. 259+00.0005 200 Feet 0 50 EXIST. LA R/W. LA R/W.EXIST. N N Begin I-75 Sheets Range Sta. 245+00 Ext. 1397.33I-75 Northbound I-75 Southbound Toll Plaza Alligator Alley HEFLI N DRI VEBECK BOULEVARD LAKE BOULEVARD Sta 243+70 Begin Ramp B Taper Begin Project 245250255 New Pond Existing Pond New Structure Resurfacing New Construction 8 7 4 3 2 1 5 6 F I-75 AND SR951 ULTIMATE ICHG. PD&EKITTELSON & ASSOCIATES, INC. P.E. License No.: 25730 Engineer of Record: John R. Freeman, Jr. P.E., P.T.O.E. Certificate of Authorization: 007524 (407) 540-0555 Orlando, Florida 32801 225 E Robinson St., Suite 450 CONCEPTUAL-NOT FOR CONSTRUCTION CONCEPTUAL-NOT FOR CONSTRUCTION 11/14/2013 12:38:04 PM C:\dgn_projects\I75_SR951\roadway\planrd_RPA_06.dgn ROAD NO.COUNTY DESCRIPTIONDATE DESCRIPTIONDATE REVISIONS FINANCIAL PROJECT ID STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NO. SHEET 425843-2-22-01 COLLIER Alternative Horizontal Elements Recommended Preferred SR/CR951 I-75/SR93 rnan Match Line Sta. 287+00.0006 200 Feet 0 50 EXIST. R/W. LA R/W.EXIST. N N Match Line Sta. 259+00.00LAKE BOULEVARDEXIST. LA R/W. Sta 685+70 Realignment Begin Ramp C-1 and Ramp B Merge Ramp A-3 I-75 Northbound I-75 Southbound Proposed Pond 2 with Pond 2 to be Expanded Exist. Pond Proposed Pond 4N-A 260265270275280285 4815 70 75 80 85 90 675 680685 90 675 680 8 7 4 3 2 1 5 6 New Pond Existing Pond New Structure Resurfacing New Construction I-75 AND SR951 ULTIMATE ICHG. PD&EKITTELSON & ASSOCIATES, INC. P.E. License No.: 25730 Engineer of Record: John R. Freeman, Jr. P.E., P.T.O.E. Certificate of Authorization: 007524 (407) 540-0555 Orlando, Florida 32801 225 E Robinson St., Suite 450 CONCEPTUAL-NOT FOR CONSTRUCTION CONCEPTUAL-NOT FOR CONSTRUCTION 11/14/2013 12:38:20 PM C:\dgn_projects\I75_SR951\roadway\planrd_RPA_07.dgn ROAD NO.COUNTY DESCRIPTIONDATE DESCRIPTIONDATE REVISIONS FINANCIAL PROJECT ID STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NO. SHEET 425843-2-22-01 COLLIER Alternative Horizontal Elements Recommended Preferred SR/CR951 I-75/SR93 rnan Match Line Sta. 301+00.0007 Align: I75Angle: 163.0091Sheet: 6N 200 Feet 0 50 N Match Line Sta. 329+00.00ACCESS R/W. EXIST. LIMITED ACCESS R/W. EXIST. LIMITED Sta 49+80 Realignment Begin Ramp A Sta 327+00 Begin Ramp D Taper Begin New I-75 Through Lane End Ramp C-2 to 2 Lane Parallel Exit Reconstruct Ramp A Gore Out of the Outside Lane Merge I-75 Through Traffic I-75 Northbound I-75 Southbound Noise Barrier Begin Proposed Noise Barrier End Proposed 305310315320325 2840 2845 5055 60 205 210 8 7 4 3 2 1 5 6 New Pond Existing Pond New Structure Resurfacing New Construction I-75 AND SR951 ULTIMATE ICHG. PD&EKITTELSON & ASSOCIATES, INC. P.E. License No.: 25730 Engineer of Record: John R. Freeman, Jr. P.E., P.T.O.E. Certificate of Authorization: 007524 (407) 540-0555 Orlando, Florida 32801 225 E Robinson St., Suite 450 CONCEPTUAL-NOT FOR CONSTRUCTION CONCEPTUAL-NOT FOR CONSTRUCTION 11/14/2013 12:38:36 PM C:\dgn_projects\I75_SR951\roadway\planrd_RPA_08.dgn ROAD NO.COUNTY DESCRIPTIONDATE DESCRIPTIONDATE REVISIONS FINANCIAL PROJECT ID STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NO. SHEET 425843-2-22-01 COLLIER Alternative Horizontal Elements Recommended Preferred SR/CR951 I-75/SR93 rnan Match Line Sta. 329+00.0008 Align: I75Angle: 163.0091Sheet: 6N 200 Feet 0 50 N End I-75 Sheets Range Sta. 330+00 Ext. 2737.24ACCESS R/W. EXIST. LIMITED ACCESS R/W. EXIST. LIMITED SOUTHBOUND NORTHBOUND I-75 I-75 Approximately Sta 333+75 End Ramp A Taper Sta 330+00 End Ramp D Taper Lane Configuration May Differ to be Completed by Others Mainline Widening May DifferLane Configuration to be Completed by Others Mainline Widening 330 I-75 AND SR951 ULTIMATE ICHG. PD&EKITTELSON & ASSOCIATES, INC. P.E. License No.: 25730 Engineer of Record: John R. Freeman, Jr. P.E., P.T.O.E. Certificate of Authorization: 007524 (407) 540-0555 Orlando, Florida 32801 225 E Robinson St., Suite 450 CONCEPTUAL-NOT FOR CONSTRUCTION CONCEPTUAL-NOT FOR CONSTRUCTION 6/28/2013 10:54:36 AM C:\dgn_projects\I75_SR951\roadway\profrd_RPA_01.dgn ROAD NO.COUNTY DESCRIPTIONDATE DESCRIPTIONDATE REVISIONS FINANCIAL PROJECT ID STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NO. SHEET 425843-2-22-01 COLLIER Alternative Vertical Elements Recommended Preferred SR/CR951 I-75/SR93 rnan 0 10 20 30 40 50 1787+00 1788+00 1789+00 1790+00 1791+00 1792+00 1793+00 1794+00 1795+00 1796+00 1797+00 1798+00 1799+00 1800+00 1801+00 1802+00 1803+00 1804+00 1805+00 1806+00 1807+00 1808+00 1809+00 1810+00 1811+00 1812+00 1813+00 1814+00 1815+00 1816+00 Station Station SR951-NB-FOPBP Pref Align50 40 30 20 10 50 40 30 20 10 50 40 30 20 10 50 40 30 20 10 50 40 30 20 10 50 40 30 20 10 PI +14.96EL. 16.00+75.00EL. 15.79PI +00.00EL. 15.00+25.00EL. 25.35+10.00EL. 33.85PI +60.00EL. 45.35+10.00EL. 44.51+75.00EL. 42.62PI +00.00EL. 41.87+25.00EL. 31.52+00.00EL. 23.48PI +00.00EL. 14.28+00.00EL. 13.18-0.35% 4.60% -0.33% -4.60%-0.55% 450’ VC K=91 500’ VC K=101 450’ VC K=106 400’ VC K=99 BlvdBeck On-rampI-75 SB SURFACE OFFSET gdtmrd01Scaled 10.0000 Times Ver.Scaled 1.0000 Times Hor. 0 10 20 30 40 50 60 70 80 2818+00 2819+00 2820+00 2821+00 2822+00 2823+00 2824+00 2825+00 2826+00 2827+00 2828+00 2829+00 2830+00 2831+00 2832+00 2833+00 2834+00 2835+00 2836+00 2837+00 2838+00 2839+00 2840+00 2841+00 2842+00 2843+00 2844+00 2845+00 2846+00 2847+00 SR951-I75-NB 50 40 30 20 10 50 40 30 20 10 50 40 30 20 10 50 40 30 20 10 50 40 30 20 10 +10.00EL. 13.73PI +60.00EL. 14.62+10.00EL. 19.91+30.00EL. 38.25PI +80.00EL. 54.12+30.00EL. 40.64+92.05EL. 26.80PI +42.05EL. 19.31+92.05EL. 18.56PI +00.00EL. 18.540.60% 3.53%-3.00% -0.30% 300’ VC K=102 900’ VC K=138 500’ VC K=186 SR 951 01 of Ramp B Approximate LocationBeck Boulevard Collier Boulevard Structure 2 Profile Ramp C-2 Structure 2 Elevation Structure 1 Profile Ramp C-2 Structure 1 Elevation I-75 Mainline Tie-In I-75 AND SR951 ULTIMATE ICHG. PD&EKITTELSON & ASSOCIATES, INC. P.E. License No.: 25730 Engineer of Record: John R. Freeman, Jr. P.E., P.T.O.E. Certificate of Authorization: 007524 (407) 540-0555 Orlando, Florida 32801 225 E Robinson St., Suite 450 CONCEPTUAL-NOT FOR CONSTRUCTION CONCEPTUAL-NOT FOR CONSTRUCTION 6/28/2013 10:55:51 AM C:\dgn_projects\I75_SR951\roadway\profrd_RPA_02.dgn ROAD NO.COUNTY DESCRIPTIONDATE DESCRIPTIONDATE REVISIONS FINANCIAL PROJECT ID STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION NO. SHEET 425843-2-22-01 COLLIER Alternative Vertical Elements Recommended Preferred SR/CR951 I-75/SR93 rnan 2818+00 2819+00 2820+00 2821+00 2822+00 2823+00 2824+00 2825+00 2826+00 2827+00 2828+00 2829+00 2830+00 2831+00 2832+00 2833+00 2834+00 2835+00 2836+00 2837+00 2838+00 2839+00 2840+00 2841+00 2842+00 2843+00 2844+00 2845+00 2846+00 50 40 30 20 10 50 40 30 20 10 50 40 30 20 10 50 40 30 20 10 50 40 30 20 10 +10.00EL. 13.73PI +60.00EL. 14.62+10.00EL. 19.91+30.00EL. 38.25PI +80.00EL. 54.12+30.00EL. 40.64+92.05EL. 26.80PI +42.05EL. 19.31+92.05EL. 18.56PI +00.00EL. 18.540.60% 3.53%-3.00% -0.30% 300’ VC K=102 900’ VC K=138 500’ VC K=186 SR 951 SURFACE OFFSET gdtmrd01Scaled 10.0000 Times Ver.Scaled 1.0000 Times Hor. 3703+00 3704+00 3705+00 3706+00 3707+00 3708+00 3709+00 3710+00 3711+00 3712+00 3713+00 3714+00 3715+00 3716+00 3717+00 3718+00 3719+00 3720+00 3721+00 3722+00 3723+00 3724+00 3725+00 3726+00 3727+00 3728+00 3729+00 3730+00 3731+00 3732+00 Station PBP Pref Align PI +00.00EL. 13.00+00.00EL. 14.50PI +00.00EL. 15.10+00.00EL. 24.00+25.00EL. 34.01PI +00.00EL. 46.25+75.00EL. 35.51+00.00EL. 22.81PI +00.00EL. 15.00+00.00EL. 15.60PI +50.00EL. 16.05PI +99.000.30% 4.45%-3.91%0.30%-0.30% 400’ VC K=96 550’ VC K=66 400’ VC K=95 Mobil DwySR 84/ 10 20 30 40 50 10 20 30 40 50 10 20 40 50 10 20 30 40 50 10 20 30 40 50 WM48" 02 Structure 3 Elevation Davis Boulevard Mobil Gas Station Driveway Approximate Location of Structure 4 Profile Ramp A-1 Business Circle North Approximate Tie-In at Structure 3 Profile Ramp A-3 Collier Boulevard I-75 Mainline Approximate Tie-In at Page 12 of 15 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 12. Pre-Application Meeting Notes. Page 13 of 15 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 13. NIM Package and Affidavit. Final NIM & Signage Docs. Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: Dec. 20. 2016 Robert L. Duane & Associates Land Planning & Zoning Consultants A.I.C.P. 4880 Tamarind Ridge Dr. Naples FL. 34119 Office (239)353-4167 cells (239)595-5096/682-1339 robertrosalba.duane@yahoo.com Dec.10, 2016 Fred Reischl, AICP Principal Planner Growth Management Division 2800 North Horseshoe Drive Naples FL 34104 fredreischl@colliergov.net RE: Tollgate Commmercial Center PUDA-PL 20150002280 Dear Mr. Reischl, Please find the attached NIM meeting notes for the Tollgate Commercial Center with the SIC Code group uses. Also, enclosed electronic copies for all the NIM docs (affidavit, copies of news ads, property owners’ lists for the meeting, recording, etc.) and the Signage docs for the public notice hearing (affidavit, signs, pictures, etc.) Thank you for your consideration in this matter. Sincerely, _____________________, Robert L. Duane A.I.C.P. Planning Director cc. Paul Hardy, Jessica Russo, Richard Yovanovich NIM & Signage Docs. Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: Dec. 20. 2016 2 13. FINAL NIM DOC’S - CONTENT LIST. 1. Cover Letter 2. NIM Minutes 3. SIC Code group uses 4. Affidavit 5. MAPS: 8x11 Site Location Map of Addresses’ covered. 6. Public Notice Ad 7. NIM AD. Naples Daily News 8. Affidavit Naples Daily News: NIM AD 9. Addresses for the letters to owners 10. Addresses for the letters to the Home Owners Associations 11. Letter to Owners & Associations 12. List of Team Members 13. List of NIM attendees’ signatures 14. Recording of the NIM meeting 15. Electronic version of the NIM docs 14. FINAL SIGNAGE DOC’S - CONTENT LIST. 1. 8x11 Aerial Photo with 5 Signs Location marks 2. Public Hearing Sign 3. Signage Pictures 4. Affidavit Robert L. Duane & Associates Land Planning & Zoning Consultants A.I.C.P. 4880 Tamarind Ridge Dr. Naples FL. 34119 Office (239) 353-4167 robertrosalba.duane@yahoo.com Sep. 16, 2016 RE: Petition No.PL20150002280 Toll Gate Commercial Center PUD NIM The meeting began at 5:30 pm and was attended by 6 residents, at the Toll Gate Meeting Room "812", on April 21, 2016, 3845 Beck Blvd. Naples, FL. 34114. Robert Duane, AICP, President of Robert L. Duane & Associates began with an introduction of Fred Reischl, AICP Principal Planner, who is the county planner in attendance assigned to review the PUDA Zoning request that that will go before the Collier County Planning Commission and the Collier County Board of Commissioners at the date yet to be determined. Mr. Duane reviewed the history of the Toll Gate Commercial Center PUD /DRI since its approval in the 1980’s to the present time including the +/- 18 acres of the ±100 acre of the PUD subject to this PUDA Amendment located on the PUD Master Plan. The proposed uses are for churches and miscellaneous social service and institutional uses. Section III Commercial Area Plan Subsection 3.3A Uses Permitted to add Religious Organizations, Social Services, and Limited Institutional Uses, Section 3.3B Permitted Accessory Uses and Structures related to the forgoing uses, Section IV Commercial Light Industrial Areas Subsection 4.3A Uses Permitted, to add the foregoing Permitted Uses, Permitted Accessory Uses Section 4.3.B to add Accessory Uses. Mr. Duane presented an exhibit that outlined the groups of uses by SIC Codes that are proposed and provided a handout with the individual uses contained in each SIC code. Mr. Duane indicated to the residents that scuba diving & skin diving instruction, and Day Camps were proposed to be added to the list of proposed uses that were not currently contained in the list of proposed uses for the PUD Change handed out at the meeting. Mr. Fred Reischl briefly spoke to residents about the purpose of the NIM Meeting Robert L. Duane & Associates Land Planning & Zoning Consultants A.I.C.P. 4880 Tamarind Ridge Dr. Naples FL. 34119 Office (239) 353-4167 robertrosalba.duane@yahoo.com process that was to obtain input from residents prior to the public hearings and he welcomed their input. Mr. Duane indicated the same to residents. Mr. Duane concluded the meeting that he would be happy to meet with residents to consider any other constructive suggestions they m ay have and gave residents his personal contact information. The meeting was concluded at 6:00 pm. There were no comments made by residents during the taped meeting that ended approximately at 6:00 pm. See attached proposed permitted use’s list. Robert L. Duane & Associates 13. Recording. Toll Gate NIM 04.21.2016.MP3 Page 1 of 8 SIC CODE USES 7999 Amusement and Recreation Services, Not Elsewhere Classified Establishments primarily engaged in the operation of sports, amusement, and recreation services, not elsewhere classified, such as bathing beaches, swimming pools, riding academies and schools, carnival operation, exposition operation, horse shows, picnic grounds operation, rental of rowboats and canoes, and shooting galleries. Establishments primarily engaged in showing or handling animals at shows or exhibitions are classified in Agricultural Services, Industry Group 075. ◾Aerial tramways, amusement or scenic ◾Amusement concessions ◾Amusement rides ◾Animal shows in circuses, fairs, and carnivals ◾Archery ranges, operation of ◾Astrologers ◾Baseball instruction schools ◾Basketball instruction schools ◾Bath houses, independently operated ◾Bathing beaches, public ◾Betting information services ◾Billiard parlors ◾Bingo parlors ◾Boat rental, pleasure ◾Boats, party fishing: operation of ◾Bookies ◾Bookmakers, race ◾Bowling instruction ◾Bridge club, nonmembership ◾Bridge instruction ◾Cable lifts, amusement or scenic: operated separately from lodges ◾Canoe rental ◾Card rooms ◾Carnival operation ◾Cave operation ◾Circus companies ◾Concession operators, amusement devices and rides ◾Day camps ◾Exhibition operation ◾Exposition operation ◾Fairs, agricultural: operation of ◾Fireworks display service Page 2 of 8 ◾Fishing piers ant lakes, operation of ◾Fortune tellers ◾Gambling establishments not primarily operating coin-operated ◾Gambling machines, except coin-operated operation of ◾Game parlors, except coin-operated ◾Games, teaching of ◾Go cart raceway operation ◾Go cart rentals ◾Golf courses, miniature operation of ◾Golf driving ranges ◾Golf professionals not operating retail stores ◾Golf, pitch-n-putt ◾Gymnastics instruction ◾Handball courts, except membership club ◾Horse shows ◾Houseboat rentals ◾Hunting guides ◾Ice skating rink operation ◾Judo instruction ◾Karate instruction ◾Lifeguard service ◾Lotteries, operation of ◾Lottery club and ticket sales to individuals ◾Moped rental ◾Motorcycle rental ◾Natural wonders, tourist attraction: commercial ◾Observation tower operation ◾Off-track betting ◾Pack trains for amusement ◾Parachute training for pleasure ◾Phrenologists ◾Picnic grounds operation ◾Ping pong parlors ◾Pool parlors ◾Racquetball courts, except membership clubs ◾Rental of beach chairs and accessories ◾Rental of bicycles ◾Rental of golf carts ◾Rental of rowboats and canoes ◾Rental of saddle horses ◾Riding academies and schools ◾Riding stables ◾River rafting, operation of Page 3 of 8 ◾Rodeo animal rental ◾Rodeos, operation of ◾Roller skating rink operation ◾Scenic railroads for amusement ◾Schools and camps, sports instructional ◾Scuba and skin diving instruction ◾Shooting galleries ◾Shooting ranges, operation of ◾Skating instruction, ice or roller ◾Skeet shooting facilities, except membership clubs ◾Ski instruction ◾Ski lifts, cable lifts, and ski tows operated separately from lodges ◾Ski rental concessions ◾Slot-car racetracks ◾Sporting goods rental ◾Sports instructors, professional: golf, skiing, swimming, etc. ◾Sports professionals ◾Swimming instruction ◾Swimming pools, except membership ◾Tennis clubs, nonmembership ◾Tennis courts, outdoor and indoor operation of, nonmembership ◾Tennis professionals ◾Ticket sales offices for sporting events, contract ◾Tourist attractions, natural wonder commercial ◾Tourist guides ◾Trampoline operation ◾Trapshooting facilities, except membership club ◾Waterslides, operation of ◾Wave pools, operation of ◾Wax figure exhibitions ◾Yoga instruction 8611 Business Associations Membership organizations engaged in promoting the business interests of their members. Associations owned by their members but organized to perform a specific business function, such as common marketing of crops or joint advertising, are classified according to the function performed. ◾Better business bureaus ◾Boards of trade, other than security and commodity exchanges ◾Business associations, other than civic and social ◾Chambers of Commerce ◾Contractor's associations ◾Growers' associations, not engaged in contract buying or selling Page 4 of 8 ◾Growers' marketing advisory services ◾Industrial standards committees ◾Junior Chambers of Commerce ◾Manufacturers' institutes ◾Merchants' associations, not engaged in credit investigations ◾Public utility associations ◾Real estate boards ◾Shipping and steamship company associations ◾Trade associations 8351 Child Day Care Services Establishments primarily engaged in the care of infants or children, or in providing prekindergarten education, where medical care or delinquency correction is not a major element. These establishments may or may not have substantial educational programs. These establishments generally care for prekindergarten or preschool children, but may care for older children when they are not in school. Establishments providing babysitting services are classified in Industry 7299. Head Start centers operating in conjunction with elementary schools are classified in Industry 8211. ◾Child care centers ◾Day care centers, child ◾Group day care centers, child ◾Head Start centers, except in conjunction with schools ◾Nursery schools ◾Preschool centers 8641 Civic, Social, and Fraternal Associations Membership organizations engaged in civic, social, or fraternal activities. Membership sports and recreation clubs are classified in Industry Group 799, and insurance offices maintained by fraternal organizations are classified in Insurance, Major Group 63. Homeowner, tenant, and condominium associations primarily engaged in managing real estate are classified in Real Estate, Industry 6531. ◾Alumni associations and club ◾Bars and restaurants owned and operated for members of ◾Booster clubs ◾Business persons clubs, civic and social ◾Citizens' unions ◾Civic associations ◾Community membership clubs, other than amusement and recreation ◾Condominium associations, except property management ◾Fraternal associations, other than insurance offices ◾Fraternal lodges Page 5 of 8 ◾Fraternities and sororities, except residential ◾Homeowner associations, except property management ◾Parent-teacher associations ◾Singing societies ◾Social club, membership ◾Taxpayers' associations ◾Tenant associations, except property management ◾University club ◾Veterans' organizations ◾Youth associations, except hotel units 7911 Dance Studios, Schools, and Halls Establishments primarily engaged in operating dance studios, schools, and public dance halls or ballrooms. Establishments primarily engaged in renting facilities used as dance halls or ballrooms are classified in Real Estate, Industry 6512. ◾Ballroom operation ◾Children's dancing schools ◾Dance hall operation ◾Dance instructors ◾Dance studios and schools ◾Discotheques, except those serving alcoholic beverages ◾Professional dancing schools 8331 Job Training and Vocational Rehabilitation Services Establishments primarily engaged in providing manpower training and vocational rehabilitation and habilitation services for the unemployed, the underemployed, the handicapped, and to persons who have a job market disadvantage because of lack of education, job skill or experience. Included are upgrading and job development services, skill training, world-of-work orientation, and vocational rehabilitation counseling. This industry includes offices of specialists providing rehabilitation and job counseling. Also included are establishments primarily engaged in providing work experience for rehabilitees. ◾Community service employment training programs ◾Job counseling ◾Job training ◾Manpower training ◾Rehabilitation counseling and training, vocational ◾Sheltered workshops ◾Skill training centers ◾Vocational rehabilitation agencies Page 6 of 8 ◾Vocational rehabilitation counseling ◾Vocational training agencies, except schools ◾Work experience centers 7991 Physical Fitness Facilities Establishments primarily engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other active physical fitness conditioning, whether or not on a membership basis. Also included in this industry are establishments providing aerobic dance and exercise classes. Sports and recreation clubs are classified in Industry 7997 if operated on a membership basis, and in Industries 7992 or 7999 if open to the general public. Health resorts and spas providing lodging are classified in 8621 Professional Membership Organizations Membership organizations of professional persons for the advancement of the interests of their profession. ◾Bar associations ◾Dental associations ◾Engineering associations ◾Medical associations ◾Professional membership organizations ◾Professional standards review boards ◾Scientific membership associations 8661 Religious Organizations Establishments of religious organizations operated for worship, religious training or study, government or administration of an organized religion, or for promotion of religious activities. Other establishments maintained by religious organizations, such as educational institutions, hospitals, publishing houses, reading rooms, social services, and secondhand stores, are classified according to their primary activity. Also included in this industry are religious groups which reach the public through radio or television media. Establishments of such religious groups which produce taped religious programming for television are classified in Industry 7812, and those which produce live religious programs are classified in Industry 7922. Establishments of such groups which operate radio or television stations are classified in Communications, Major Group 48. ◾Churches ◾Convents ◾Monasteries ◾Religious instruction, provided by religious organizations ◾Religious organizations ◾Shrines, religious Page 7 of 8 ◾Temples 8322 Individual and Family Social Services Establishments primarily engaged in providing one or more of a wide variety of individual and family social, counseling, welfare, or referral services, including refugee, disaster, and temporary relief services. This industry includes offices of specialists providing counseling, referral, and other social services. Government offices directly concerned with the delivery of social services to individuals and families, such as issuing of welfare aid, rent supplements, food stamps, and eligibility casework, are included here, but central office administration of these programs is classified in Public Administration, Industry 9441. Social Security offices are also classified in Public Administration, Industry 9441. Establishments primarily engaged in providing vocational rehabilitation or counseling are classified in Industry 8331; and fraternal, civic, and social associations are classified in Industry 8641. ◾Activity centers, elderly or handicapped ◾Adoption services ◾Adult day care centers ◾Aid to families with dependent children (AFDC) ◾Alcoholism counseling, nonresidential: except medical treatment ◾Centers for senior citizens ◾Child guidance agencies ◾Community centers ◾Counseling centers ◾Crisis centers ◾Crisis intervention centers ◾Day care centers, adult and handicapped ◾Disaster services ◾Emergency shelters ◾Family counseling services ◾Family location services ◾Family service agencies ◾Helping hand services ◾Homemaker's service, primarily nonmedical ◾Hotlines ◾Marriage counseling services ◾Meal delivery programs ◾Multiservice centers, neighborhood ◾Neighborhood centers ◾Offender rehabilitation agencies ◾Offender self-help agencies ◾Old age assistance ◾Outreach programs Page 8 of 8 ◾Parole offices ◾Probation offices ◾Public welfare centers, offices of ◾Referral services for personal and social problems ◾Refugee services ◾Relief services, temporary ◾Self-help organizations for alcoholics and gamblers ◾Senior citizens associations ◾Service leagues ◾Settlement houses ◾Social service centers ◾Telephone counseling service ◾Traveler's aid centers ◾Youth centers ◾Youth self-help organizations 8399 Social Services, Not Elsewhere Classified Establishments primarily engaged in providing social services, not elsewhere classified, including establishments primarily engaged in community improvement and social change. Organizations primarily engaged in soliciting contributions on their own account and administering appropriations and allocating funds among other agencies engaged in social welfare services are also included, but foundations and philanthropic trusts are classified in Finance, Industry 6732. Civic, social, and fraternal organizations are classified in Industry 8641; political organizations are classified in Industry 8651; and establishments which raise funds on a contract basis are classified in Industry 7389. ◾Advocacy groups ◾Antipoverty boards ◾Community action agencies ◾Community chests ◾Community development groups ◾Councils for social agencies, exceptional children, and poverty ◾Fundraising organizations, except on a contract or fee basis ◾Health and welfare councils ◾Health systems agencies ◾Regional planning organizations, for social services ◾Social change associations ◾Social service information exchanges: e.g., alcoholism, drug addiction ◾United fund councils SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner’s agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner’s agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner’s agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner’s agent must replace the sign(s - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER : SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX NAME (TYPED OR PRINTED) CITY, STATE ZIP # STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this day of , 20 , by , personally known to me or who produced as identification and who did/did not take an oath. Signature of Notary Public Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. NEIGHBORHOOD INFORMATION MEETING Robert Duane , AICP Robert L. Duane & Associates Land Planning & Zoning Consultants 4880 Tamarind Ridge Dr. Naples FL. 34119 Office (239)353-4167 robertrosalba.duane@yahoo.com Fred Reischl, AICP (Principal Planner) Collier County Growth Management Planning & Zoning Department 2800 N. Horseshoe Drive. Naples FL. 34104 Phone: 239-252-4211 FredReischl@colliergov.net PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE The public is invited to attend a neighborhood meeting held by the applicants, Sky Angel Center LLC & Toll Gate LLC et Al., represented by Robert L. Duane, AICP of Robert L. Duane & Associates on: April 21, 2016 at 5:30 pm 3845 Beck Blvd. Naples, FL. 34114 Meeting Room "812" Please be advised that the Applicants are requesting a Planned Unit Development Amendment to the Toll Gate Commercial Center PUD, Collier County Growth Management Plan, Ordinance 92 -10: Section III Commercial Area Plan Subsection 3.3A Uses Permitted to add Religious Organizations, Social Services, and Limited Institutional Uses, Section 3.3B Permitted Accessory Uses and Structures related to the forgoing uses, Section IV Commercial Light Industrial Areas Subsection 4.3A Uses Permitted, to add the foregoing Permitted Uses, Permitted Accessory Uses Section 4.3.B to add Accessory Uses; lots 7 -15 and 16, 17, 18, 19, 20, 24, 25, as shown on the PUD Master Plan on ±19 acres in phases 2 &3. The subject property is located in proximity and to the East of the intersection of Collier Boulevard (CR -951) and Beck Boulevard in Section 35, Township 49 South, Range 26 East, and Section 2, Township 50 South, Range 26 East, Collier County, Florida. [PUDA -PL20150002280] WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/developer and Collier County Staff. If you are unable to attend this meeting, but have questions or comments, they can be direct by mail, phone, or e -mail to: No. PL20150002280 April 03, 2016 of his space to cool the building when his kiln is fi ring ra ku. CREATIVITY IN NUMBERS Marianne Megela,who looks like a work of art herself in a black-and- striped top with asym- metrical pockets and lace-up boots,serves as the group’s volunteer co- ordinator from her hus- band’s business,The Art- ists’Gallery. She handles marketing and monthly group meet- ings in their Shirley Street quarters.And —as she did earlier as coordina- tor for Naples Artcrafters events and Naples Art As- sociation’s Art in the Park —she familiarizes herself with the best aspects of each artist’s work. “We have the largest concentration of work- ing professional artists’ studios in Southwest Florida,”Megela de- clared,echoed by Rosen and Sweet.That distinc- tion covers an area from Ta mpa to Miami,Rosen said . Further,they feel their name is becoming know n to the extent that artists are seeking out the dis- trict for their locations. About 18 months ago, Libbie Bramsonbrought her frameworthy,but wearable,beaded collars and necklaces to join the established large-format art studio of Ta mmra Sigler.Wa tercolor artist Michaela Castaldi moved in 45 days ago.Prize-win- ning nature photographer Dennis Goodman moves his photography and print studio there in Ju ne. In the last five years, even through a recession, the number of working studios and art galleries more than doubled from 16 to 34 —more than triple the five galleries and stud ios here when the original alliance was forged for the 2006 sea- son. Butthere is no coast- ing.Naples Art District’s artists uniformly want more awareness of their existence. So for the first time,the association has extended its first We dnesday eve- ning “A rt Alive”events and third Saturday open houses through the sum- mer.(There is an event 5-8 p.m.this We dnesday. See the side story for more.) The We dnesday night events tend to blend a bit of party into the open house.Sweet brings mu- sic to her studio;artist Holly Nemmeck,whose art teases pop culture with silk-screen,paint and photography,fittingly offers a popcorn bar. “In the last three years, we’ve really seen an influx of people in the summer,” explained Megela,adding wryly,“I remember when my husband and I first moveddow n here in the late ’80s.Come May first there were tumbleweeds blowing down the street.” “We feel that we’ve only just gotten the tip of the iceberg in visitors to the Naples area finding us.So we realize there’s tremendous potential for grow th,”Rosen said. GETTING WORD OUT Many of the artists here attend local art shows and pass out their business cards to bring customers in;they advertise their events as a group.Many of them teach classes, which bring people to the area —and helps finance their passion for their art. The ample studios of this area,built as show rooms and looming as large as 1,500 feet,offer that op- portunity. Just next door to the Megelas’gallery,Leigh Herndon presides over buckets of dye and stretcher racks where students’rozome-paint- ed silk (a Japa nese batik) dries.Both she and water- color artist Michaela Castaldi teach,and both moved in here in the last 45 days. “This is exactly where I wanted be,”said Castaldi, who had been shoehorned into an alleyfront studio shared with three other artists on First Street near the beach. “It was a cute little cot- tage,but it was small.… I couldn’t have a gallery there where people could walk in.” In their street-facing studio,even with shady trees in front of it,traffic is much better.Herndon is delighted with the change, which offers generous wall space and good rack for her filmy,painted silk wrapsand jackets. “In this month and half I’ve sold twice as much as I have anywhere else,”she marveled. Sculptor Joel Shapses joined the local Interior Design Society,an orga- nization of professionals who often hold the last word on what art,as well as draperies and carpet, go into a home.This year, he’s itspresident. Still,these artists are, in some ways,alone to - gether. “Each of us have an individual business basi- cally,andthatis up to that particular artist as to how they go out in the com- munity and market their work .My husband and I choose to work through the art shows the va rious art leagues and centers that are here,”she said. The Megelas also are members of five area art organizations.“We try to stay involved with the lo - calart element.” “I have always said art- ists have taken on a career that is unbelievably diffi- cult,because they are ask- ing the public to love their creative style as much as they do,”Megela said.She looks around her and her husba nd’s galler y,a show- place for Jack Megela’s expansive landscape pho- tography and an invento- ry of regional sculptures and broad-stroke,bold- colorpaintings. “That’s so difficult,be- cause you may have to be in front of thousands of people before one or two people appreciate that passion.” 6D »Sunday,April 3,2016 »NAPLES DAILY NEWS 1423 5 2927 12 15 14 13 11 28 32 6 10 8 7 9 21 21&2620193325 16 1722183023 24 1 Anne Chaddock Studios &Gallery 2 Art2D Gallery &Studio 3 Cly More Ceramics 4 Rosen Gallery &Studios 5 Samaniego Art 6 Culture Vu lture Gallery &Studios 7 Annabelle Johnson Pottery 8 Arts on Fire Studio Gallery 9 casa |art |studio 10 Gallery 206 11 Blue Pearl 12 Joel Shapses Studio 13 Manneck Art at We t Paint Studio 14 Small Wa lls 15 The Artists’Gallery 16 Alice Jacobs &Carol Lader Studio Gallery 17 Art by Patty Kane 18 Barbara Groenteman Fine Art Galley &Studio 19 Deborah Martin Gallery &Studio 20 Francoise-Marie,Art in Florida 21 Libbie Bramson 22 Ly nn Leon Loscutoff Studio 23 Raud Johnson Studio 24 Robin Lamkins Artist 25 Shirley Kelley 26 Ta mmra Sigler −Red Box Studio Gallery 27 Aldecor Custom Framing &Gallery 28 Naples Fine Art Studio &Gallery 29 The Sweet Art Gallery 30 Carol Wa lsh Art Studio 31 Andrea Beloff Fine Art 32 Michaela &Leigh Art 33 Dennis A.Holt Photography NORTH NAPLES ART DISTRICT JOURNAL MEDIA GROUP (map not to scale) Tr ade Center Wa y J&C Blvd. Naples Blvd. Pine Ridge Rd.TradeCenterWayLeeAnnLn.JanesLn.TaylorRd.ShirleySt.YahlSt.Seward Ave. Elsa St. “The Waiting Game”by Barbara Groenteman Stainless steel sculpturebyJoelShapses Tr ade Center Wa y J&C Boulevard Fairways Tr ade Village Elsa Street Shirley Street Artisans Plaza KEY 18 Barbara Groenteman Fine Art Galley & Studio Red Box Studio Gallery 27 Aldecor Custom Framing & Gallery ARTITUDE from 1D We feel that we’ve only just gotten the tip of the iceberg in visitors to the Naples area finding us.So we realize there’s tremendous potential for grow th.” RIchard Rosen,artist HARRIET HOWARD HEITHAUS/STAFF Leigh Herndon uses Japanese brushes for her rozome painting.She works in a small room and in the gallery, as the plastic-covered floor attests. 5455 Ta miami Tr ail North •Waterside Shops 239.598.4144 •www.beachhousenaples.com 455 Tamiami Trail North •Waterside Shop PILYQ and Ipanema TRUNK SHOW Thursday,April 7th 12:00 p.m.-5:00 p.m. Informal Modeling •Gift with Purchase PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE No.1018954 April 3,2016 NEIGHBORHOD INFORMATION MEETING The public is invited to attend and neighborhood meeting held by the applicants,Sky Angel Center LLC &Toll Gate LLC et Al.,represented by Robert L.Duane,AICP of Robert L.Duane &Associates on: April 21,2016 at 5:30 pm 3845 Beck Blvd.Naples,FL.34114 Meeting Room “812” Please be advise that the Applicants arerequesting aPlanned Unit Development Amendment to the To ll Gate Commercial Center PUD,Collier County Growth Management Plan,Ordinance 92-10:Section III Commercial Area Plan Subsection 3.3A Uses Permitted to add Religious Organizations, Social Services,and Limited Institutional Uses,Section 3.3B Permitted Accessory Uses and Structures related to the forgoing uses,Section IV Commercial Light Industrial Areas Subsection 4.3A Uses Permitted,to add the foregoing Permitted Uses,Permitted Accessory Uses Section 4.3.B to add Accessory Uses;lots 7-15 and 16,17,18,19,20,24,25,as shown on the PUD Master Plan on =19 acres in phases 2&3.The subject property is located in proximity and to the East of the intersection of Collier Boulevard (CR-951)and Beck BoulevardinSection 35,To wnship 49 South,Range 26 East,and Section 2,To wnship 50 South,Range 26 East,Collier County, Florida.[PUDA-PL20150002280] WE VA LUE YOUR INPUT Business and property owners,residents and visitors arewelcome to attend the representation and discuss the project with the owner/developer and Collier County Staff.If you areunable to attend this meeting,but have questions or comments,they can be direct by mail,phone,or e-mail to: Robert Duane,AICP Fred Reischl,AICP (Principal Planner) Robert L.Duane &Associates Collier County Growth Management Land Planning &Zoning Consultants Planning &Zoning Department 4880 Ta marind Ridge Dr.Naples FL.34119 2800 N.Horseshoe Dr.Naples FL.34104 Office (239)353-4167 Phone:239-252-4211 Robertrosalba.duane@yahoo.com FredReischl@colliergov.netAd Number:Insertion Number:Size:Color Type:1018954N/A3 Col x 9.25 inN/AAdvertiser:Agency:Section-Page-Zone(s):Description:Robert L. DuaneN/AD-6-AllNIMSunday, April 03, 2016 Published DailyNaples, FL 34110 Afﬁ davit of PublicationState of FloridaCounties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Daniel McDermott who on oath says that he serves as Inside Sales Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier Coun-ty, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Afﬁ ant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post ofﬁ ce in Naples, in said Collier County, Florida, for a period of one year next pre-ceding the ﬁ rst publication of the attached copy of advertisement; and afﬁ ant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.___________________________________________________________Customer Ad Number Copyline P.O.#_____________________________________________________________________________________ Robert L. Duane AICP 1018954 NIM Pub Dates April 3, 2016 _______________________________________ (Signature of affi ant) Sworn to and subscribed before me This April 07, 2016 _______________________________________ (Signature of affi ant) _______________________________________ (Signature of affi ant) Sworn to and subscribed before me This April 07, 2016 _______________________________________ (Signature of affi ant) See attached Recorded NIM Meeting (Windows Media Player) Page 14 of 15 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 14. Signage Package and Affidavit Aerial Photo of Subject Property01.04.16X X X X X Toll Gate Commercial Center Signs Page 15 of 15 Tollgate Commmercial Center PUDA-PL 20150002280 Ordinance 92-10 Sections 35. Township 49 South. Range 26 East. Township 50 South, Range 26 East, Naples FL 34114. FL, Collier County, Florida Revision Date: 12.21.2015 Words struck through are deleted; words underlined are added. All distances are in feet unless otherwise noted. *** Indicate break in pages. 15. Electronic copy of all documents and plans (CD-ROM).