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Agenda 09/22/2015 Item #17B 9/22/2015 17.B. 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 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-PL20150000281,companion item to DOA-PL20150000545]. OBJECTIVE: To have the Board of County Commissioners (Board) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the 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Center PUD was originally approved in Ordinance Number 84-6 and it along with two subsequent ordinances has been repealed. The current Ordinance Number 92-10 was approved on February 11, 1992. (Please see attachment: Ordinance Number 92-10.) The petitioner proposes to convert Lots 16 thru 20 (8.93 acres) within the Tollgate Commercial Center from Commercial to Commercial/Light Industrial. The Tollgate Commercial Center PUD, which lies within Activity Center #9, consists of approximately 100.23+/- acres of commercial and industrial uses that are divided into two parts: "A" Parcels and "B" Parcels. The "A" Parcels, consisting of 50.23+/- acres, allow for commercial development. The "B" Parcels, consisting of 50.0+/- acres, allow for commercial/light industrial development. According to information provided by the applicant, 88,226 square feet of the permissible 348,600 square feet of commercial square-footage has been developed on the "A" Parcels and 314,626 square feet of the permissible 550,000 commercial/light industrial square-footage has been developed on the "B" Parcels. This petitioner seeks to amend the zoning delineation line that separates the "A" Parcels from the "B" Parcels within the Tollgate Commercial Center PUD. The proposed change will convert 8.93+/- undeveloped acres from commercial ("A" Parcels) to commercial/light industrial (B Parcels). The Tollgate Commercial Center PUD is also a DRI (Development of Regional Impact): there is a companion DOA (Development Order Approval) associated with this petition. The proposed Master Plan has been amended accordingly. FISCAL IMPACT: The PUD amendment by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project. at build out, will maximize its authorized level of development. However, if the PUD amendment is approved, a portion of the land could be developed and the new development will result in an impact on Collier County public facilities. 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 Packet Page -2338- 9/22/2015 17.B. 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 PLAN (GMP) IMPACT: Future Land Use Element (FLUE): Comprehensive Planning staff finds the proposed rezone consistent with the Future Land Use Element contingent upon the companion DOA (Development Order Amendment) application first being approved. A more detailed description of the GMP consistency is contained in the attached Staff Report. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition PUDA-PL20150000281, Tollgate Commercial Center Planned Unit Development (PUD) on July 16, 2015, and by a vote of 6 to 0 recommended to forward this petition to the Board of County Commissioners (Board) with a recommendation of approval. There have been no letters of objection received. Therefore, this petition has been placed on the Summary Agenda. 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. Packet Page -2339- 9/22/2015 17.B. 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 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? Packet Page-2340- 9/22/2015 17.B. 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.Il], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, 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 recommendation of the CCPC and further recommends that the Board approve the request for PUDA-PL20150000281, Tollgate Commercial Center Planned Unit Development(PUD). Prepared by: Nancy Gundlach, AICP, RLA, Principal Planner, Zoning Services Division, Growth Management Department Packet Page -2341- 9/22/2015 17.B. Attachments: 1) Staff Report, 2) Proposed PUD Ordinance, 3) Ordinance 92-10, 4) Location Map, 5) Master Plan and 6) Application go to: http://www.colliergov.net/ftp/AaendaSept2215/GrowthMgmt/Application for Toll Gate PUD A 8-19-15.pdf Packet Page -2342- 9/22/2015 17.B. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.B. 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 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-PL20150000281, companion item to DOA-PL20150000545]. Meeting Date: 9/22/2015 Prepared By Name: GundlachNancy Title: Planner,Principal, Growth Management Department 8/20/2015 11:10:49 AM Submitted by Title: Planner, Principal,Growth Management Department Name: GundlachNancy 8/20/2015 11:10:51 AM Approved By Name: BellowsRay Title: Manager-Planning, Growth Management Department Date: 8/21/2015 11:04:41 AM Name: BosiMichael Title: Division Director-Planning and Zoning, Growth Management Department Date: 8/27/2015 8:49:09 AM Packet Page -2343- 9/22/2015 17.B. Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 8/27/2015 11:50:41 AM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 8/27/2015 4:25:23 PM Name: MarcellaJeanne Title: Executive Secretary, Growth Management Department Date: 8/28/2015 8:18:28 AM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 9/3/2015 11:41:27 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/9/2015 4:01:29 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 9/12/2015 2:14:46 PM Packet Page -2344- 9/22/2015 17.B. AGENDA ITEM 9-ts Co er County 1 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES DIVISION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: JULY 16, 2015 SUBJECT: PUDA-PL20150000281, TOLLGATE COMMERCIAL CENTER PUD (PLANNED UNIT DEVELOPMENT) (COMPANION ITEM TO DOA-PL20150000545, TOLLGATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) PROPERTY OWNER/AGENT: Owner: Agent: Mr. Rob Johnson, Director Mr. Fredrick E. Hood, AICP Sky Angel Holdings, LLC Davidson Engineering, Inc. 1300 Goodlette Road North 4365 Radio Road, Suite 201 Naples,FL 34102 Naples, FL 34104 NOTE: Many parcels within the PUD have been sold to others. REQUESTED ACTION: The petitioner requests that the Collier County Planning, Commission (CCPC) consider 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. GEOGRAPHIC LOCATION: The subject property is located in the southeast quadrant of the 1-75 Tollgate Plaza intersection with Collier Boulevard (C.R. 951), fronting on Beck Boulevard. in Section 35, Township 49. Range 25 and Section 2, Township 50, Range 26, Collier County. Florida (Please see the Location Map on the following page.) TOLLGATE COMMERCIAL CENTER PUD, PUDA-PL20150000281 June 29,2015 Page 1 of 13 Packet Page -2345- 9/22/2015 17.B. , I - 1 .a.' 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Z3 g y � pK(2 H •t••? r mp£K N °z<rag +:. ..Y WMQ 7 ( iiIIi • JTf® _ ;r` N- -FP di cAS'`'11E17T� /1/ / mom :.n. G_ ---' Y s a e //, e` tc \ . ^ E/ 1 f c �rou.cerE sew./ • w 1 I 1 C.R. 951 EXHIBIT "A" I , P . Packet Page -2348- 9/22/2015 17.B. PURPOSE/DESCRIPTION OF PROJECT: The Tollgate Commercial Center PUD was originally approved in Ordinance Number 84-6 and it along with two subsequent ordinances has been repealed. The current Ordinance Number 92-10 was approved on February 11, 1992. (Please see Attachment: Ordinance Number 92-10.) The petitioner proposes to convert Lots 16 thru 20 (8.93 acres) within the Tollgate Commercial Center from Commercial to Commercial/Light Industrial. The Tollgate Commercial Center PUD, which lies within Activity Center # 9, consists of approximately 100.23+1- acres of commercial and industrial uses that are divided into two parts: "A" Parcels and "B" Parcels. The "A" Parcels, consisting of 50.23+1- acres, allow for commercial development. The `B" Parcels, consisting of 50.0+/- acres, allow for commercial/light industrial development. According to information provided by the applicant, 88,226 square feet of the permissible 348,600 square feet of commercial square- footage has been developed on the"A" Parcels and 314,626 square feet of the permissible 550,000 commercial/light industrial square-footage has been developed on the"B" Parcels. This petitioner seeks to amend the zoning delineation line that separates the "A" Parcels from the "B" Parcels within the Tollgate Commercial Center PUD. The proposed change will convert 8.93 +/- undeveloped acres from commercial ("A" Parcels) to commercial/light industrial (B Parcels). The Tollgate Commercial Center PUD is also a DRI (Development of Regional Impact); there is a companion DOA (Development Order Approval) associated with this petition. The proposed Master Plan has been amended accordingly. SURROUNDING LAND USE AND ZONING: North: 1-75 then White Lake Industrial Park PUD, a 144 +/- acre mixed-use industrial and commercial PUD East: State of Florida Trooper's Station with a zoning designation of(A) Agriculture South: Forest Glen of Naples PUD, a 635±/- acre mixed-use residential and commercial PUD developed with residences, a golf course and a preserve. West: Collier Boulevard (C.R. 951), then the I-75/Alligator Alley PUD, a 40.8+1- acre commercial PUD and a developed automobile service station with a C-4 zoning designation. TOLLGATE COMMERCIAL CENTER PUD,PUDA-PL20150000281 June 29,2015 Page 5 of 13 Packet Page -2349- 9/22/2015 17.B. r -0-:: -, i i ,:tom — ` t, r,,iiiigi,----..,..,,,a, ,- ,I, ,. , , . ,,,t--1,- „ Subject Site y�w,�,�, _ � r L i -t '''4.- °t I ' 't;i'l ;4'1 4 A 1 li'' '''A “*'1 '''''''''!'''ita?"-111111111. 1111W * '. :''-'I" A �.. + ! gyp—,,, 1 }} ,e .,,^l , y+ i,, -,”. 7,:. A '. 'i.l-! ?, ,, 1--- N,PR�� `�Yn 11 ._.I I I .t: ,I 41i. 1 % ..A U..• 11 , },pf�r^- . , �. t 1,1<. tonli ti,,,, „-.—sir u Tli,79,�R ,li �� z f,.., -,,,...--4:;!„ r -%"A;Atii,:,t;'''IlfW.f.T—' ; f,:..,...-- ''''''''-"-- ----4.--- '"---,.-7'. -'' ''.' --- ,,-, A')'C:=----1-1-.---- :.1 •A ' 'A''' ', , ' , ' 1--7.'13'.:A.; ,,i''.'q'' ,-''' , ' , '. .hatA,h4"' ',. - ,‘ ','■,'""r:',41.::.1,-• A''',,, A''A, ,' ‘' , , .''' ' ' '‘ ,' ' .'' 'A', : 74-1',i; AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated on the Future Land Use Map and Map Series as Urban Commercial District, Interchange Activity Center (IAC) Subdistrict No. 9. Relevant to this petition, the subject property allows a full range of land uses allowed in Mixed Use Activity Centers (MUAC), plus industrial uses. The existing Tollgate Commercial Center PUD/DRI is split into two parcels; internally separating land uses. All of Parcel "A"properties are now limited to Commercial uses; Parcel "B"properties allow for both Parcel "A" uses and Light Industrial uses— Iimited to those with inside storage and warehousing, along with limited inside assembly and manufacturing: "A" Parcels generally comprise the westerly half of the PUD, and "B" Parcels the easterly half. This PUD amendment petition shifts a portion of the internal zoning delineation line that separates two different land use parcels to the west. This shift effectively converts certain commercial properties/lots to allow light industrial uses. The changes proposed to the previously approved Tollgate Commercial Center DRI pertain only to its "Master Development Plan". No other components of the DRI development order relative to Future Land Use Element (FLUE) consistency. The IAC Subdistrict encourages a rezone to be in the form of a planned unit development. Tollgate Commercial Center began as a PUD and is proposed here as a PUD amendment. TOLLGATE COMMERCIAL CENTER PUD, PUDA-PL20150000281 June 29, 2015 Page 6 of 13 Packet Page -2350- 9/22/2015 17.B. This PUD amendment expands the area in which light industrial uses are allowed but does not modify the list of uses allowed in the PUD. FLUE Policy 5.4 requires new developments to be compatible with the surrounding land area. Comprehensive Planning leaves this determination to the Zoning Services staff as part of their review of the petition in its entirety. Regarding FLUE Policies 7.1 through 7.4, pertaining to access, interconnections, open space and walkable communities — no changes are proposed to access, interconnection or sidewalk provisions, and the PUD must comply with the open space requirements of the LDC. Based upon the above analysis,the proposed Planned Unit Development Amendment may be deemed consistent with the FLUE. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this PUD Amendment within the 5-year planning period and found it consistent with the applicable policies of the transportation element. Conservation and Coastal Management Element(CCME): Environmental Services staff found this project to be consistent with the CCME. The project site consists of the 100.23 +/- acre Tollgate Commercial Center which is largely built out. Based upon the above analysis, the proposed Planned Unit Development Amendment may be deemed consistent with the FLUE. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition including the criteria upon which a recommendation must be based, specifically noted in Collier County Land Development Code (LDC) Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report(referred to as "Rezone Findings"), which establish the legal bases to support the CCPC's recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Zoning and Land Development Review Analysis," In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address environmental concerns. No preserves are required on individual parcels as the PUD Master Plan provides a Forested Wetland Preserve adjacent to 1-75. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances, Transportation Review: Transportation Division staff has reviewed the petition and the PUD document and Master Plan for right-of-way and access issues and is recommending approval. TOLLGATE COMMERCIAL CENTER PUD, PUDA-PL20150000281 June 29,2015 Page 7 of 13 Packet Page -2351- 9/22/2015 17.B. Utility Review: The Utilities Department Staff has reviewed this petition and recommends approval. Zoning and Land Development Review: As previously stated, this PUD amendment petition shifts a portion of the internal zoning delineation line that separates two different land use parcels to the west. This shift converts 8.93 +/-acres of commercial properties/lots to allow light industrial uses. The changes proposed only affect the Master Plan. The subject 8.93 +/- acre property's access from Tollhouse Boulevard and Bush Boulevard will remain unchanged. Landscape and buffering standards also remain unchanged. As depicted in the surrounding land use section of this staff report and on the Location Map, the Tollgate Commercial Center PUD is adjacent to I-75 and then White Lake Industrial Park PUD to the north, to a Florida Highway Patrol station to the west, to Beck Boulevard (S.R. 84) and then Forest Glen of Naples PUD to the south, and Collier Boulevard (C.R. 951) and then I-75/Alligator Alley CPUD to the west. No deviations are being sought as part of this PUD amendment petition. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners...shall show that the planning commission has studied and considered proposed change in relation to the following when applicable." Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plans' compliance with the additional criteria as also noted below: Rezone findings are designated as RZ and PUD findings are designated as PUD. (Staff's responses to these criteria are provided in non-bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The Comprehensive Planning Department has indicated that the proposed PUD amendment is consistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). 2. The existing land use pattern. This amendment will not affect the existing land use pattern. The existing land use pattern will remain the same. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Not applicable. The district boundary is existing and established. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. TOLLGATE COMMERCIAL CENTER PUD,PUDA-PL20150000281 June 29,2015 Page 8 of 13 Packet Page -2352- 9/22/2015 17.B. The district boundaries are logically drawn as discussed in Items 2 and 3 above. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed change is not necessary, per se; but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to shift a portion of the internal zoning delineation line that separates commercial land uses from commercial/light industrial land uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The overall intensity of commercial and light industrial land uses allowed by the current PUD is not exceeded in the proposed PUD amendment. Therefore, Staff is of the opinion that the it proposed change will not adversely impact the living conditions in the neighborhood. 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 roadway infrastructure has adequate capacity to serve the proposed project. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan(SDP) review. 8. Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce Iight and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion this PUD amendment will not adversely impact property values. However. zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. TOLLGATE COMMERCIAL CENTER PUD,PUDA-PL20150000281 June 29,2015 Page 9 of 13 Packet Page -2353- 9/22/2015 17.B. Most of the property surrounding the subject site is partially developed. The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed development will comply with the Growth Management Plan which is a public I! policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed within existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Staff is of the opinion that the proposed PUD amendment is not out of scale with the needs of the neighborhood or county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Not applicable. The proposed uses are already permitted at the subject site. 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. Any development anticipated by the PUD document would require site alteration and these sites will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. 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 GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff that TOLLGATE COMMERCIAL CENTER PUD,PUDA-PL20150000281 June 29,2015 Page 10 of 13 Packet Page -2354- 9/22/2015 17.B. is responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts of the Level of Service will be minimized. 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. To be determined by BCC during its advertised public hearing. I' PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. 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. The currently approved type and pattern of development was determined to be suitable when the subject PUD was previously approved. 2. 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. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property and roadway access to the subject site. Additionally, the development will be required to site development plan approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, staff is of the opinion that this petition can be found consistent with the overall GMP. 4. 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. The currently approved development, landscaping and buffering standards were determined to be compatible with the adjacent uses and with the use mixture within the project itself when the PUD TOLLGATE COMMERCIAL CENTER PUD,PUDA-PL20150000281 June 29,2015 Page 11 of 13 Packet Page -2355- 9/22/2015 17.B. was approved. Staff believes that this amendment will not change the project's internal or external compatibility. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The existing open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. The project's development must also comply with all other applicable concurrency management regulations and operational improvements when development approvals are sought at time of Site Development Plan(SDP)review. !' 7. The ability of the subject property and of surrounding areas to accommodate expansion. This proposed PUD Amendment will not adversely impact the previous BCC finding that the subject property and surrounding areas can accommodate expansion. 8. 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. Not applicable. As previously stated, the only change is to shift a portion of the internal zoning delineation line that separates commercial land uses from commercial/light industrial land uses. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent/applicant duly noticed and held the required NIM on June 4, 2015. For further information, please see Attachment: NIM Summary. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for Petition PUDA-PL20150000281, Tollgate Commercial Center PUD, revised on June 25, 2015. RECOMMENDATION: Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDA-PL20150000281. Tollgate Commercial Center PUD to the Board of County Commissioners with a recommendation of approval. TOLLGATE COMMERCIAL CENTER PUD,PUDA-PL20150000281 June 29,2015 Page 12 of 13 Packet Page -2356- 9/22/2015 17.B. PREPARED BY: )61,)\ 20,6 NANCY D Al H, AICP, PLA DATE 1 PRINCIPAL L• . R ZONING D ISION REVIEWED BY: tI rte.. 2,56 ,4t RAYMO � i V. BELLO S, ZONING MANAGER DATE! ZONINI DIVISION MIKE BOSI, AICP, DIRECTOR DATE ZONING DIVISION APPROVED BY: J-'IGIES FRENCH, DEPUTY DEPARTMENT HEAD DATE GROWTH MANAGEMENT DEPARTMENT NICK'CASALANGUIDA DEPUTY COUNTY MANANGER DATE GROWTH MANAGEMENT DEPARTMENT Attachments: Attachment A: Proposed PUD Ordinance Attachment B: Ordinance 92-10 Attachment C: NIM Summary Attachment D: Tollgate Commercial Center Phase Three Plat TOLLGATE COMMERCIAL CENTER PUD,PUDA-PL20150000281 June 19,2015 Page 13 of 13 Packet Page -2357- 9/22/2015 17.B. ORDINANCE NO. 15- 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-PL20150000281] 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 I olleate 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- 1 U. 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 with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County. Florida. this day of . 201.5" 15-CPS-01426/1 175904,'11 17 1 of p ollgatr Commercial Center-01 II) -PI.20 1 5000025 1 ;n1; Packet Page -2358- 9/22/2015 17.B. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: Heidi Ashton-Cicko ` Managing Assistant County Attorney Attachment: Exhibit A—Revised PUD Master Plan [15-CPS-01426 117590 1 17 2 of 2 1 ollcate Commercial Center--P1 DA-PI_,201500002_8I 301 Packet Page-2359- 9/22/2015 17.B. 1111,11 ' MASTER , ,.,. ., DEVELOPMENT PLAN .4:::::::::::::::w:::.....:.:::::::::::.5.:<- t: : 's>. m 5 TOLLGATE :a' 4 COMMERCIAL CENTER `' "'January. 1991 `; 5° J, tt: •4:-......: u' •.• : :• �.vv r y`: °-4 h w .;,..*:::::::,-;;;:,*;:;:;:::::::::::::::::k::::: :::.:: :: 7 / /111: 11ti::ice:.:1:.A'liil• '_'."--f:`'G S W f Y, . tr i J i G!} n C. m .d W Ii :J Y, . 2� ti YJ Y± r:h}� 1&-. J up OIU bf.? :.•k Q••W } ; :: 11N1\1RRL y :; W ::::: l I r l ITI a::fx n x < FM 114441441+44 14 I 11•\- -;-- \ Rl't1114()l'1L\1RD. J t �^ / }3''� Icy _ / a !// ///'i - J /� . TOLiAATE BLVD L/� �/ � • /l% / i �_� = ii ri N n - /t' p 1,1 1 , // �, -�� C.�;. 951 t � I I i-/ EXHIBIT "A" Packet Page -2360- rrl li 11111 1111111 SIP I 9/22/2015 17.B. ORDINANCE 92-1n 1�.1234&j s,‘,.....123 6 N mil .l" i 6, .Q, "p AN ORDINANCE AMENDING ORDINANCE NUMBER `r.,i 1 i '' H Q�, 91-102, THE COLLIER COUNTY LAND 'T1 1 s 1, A4 (�, 16 N DEVELOPMENT CODE WHICH INCLUDES THE Ni N 'C� W COMPREHENSIVE ZONING REGULATIONS FOR THE -s •!' k y 4 UNINCORPORATED AREA OF COLLIER COUNTY, g VI I; ' �; ar 'J FLORIDA AND AMENDING THE OFFICIAL ZONING N - `cam ��j ATLAS MAP(S) NUMBERED 963536 AND 060102; y Fr; I `•1SOZ6 - BY CHANGING THE ZONING CLASSIFICATION OF w< ry THE HEREIN DESCRIBED REAL PROPERTY FROM 1 ' "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT 1 • KNOWN AS TOLLGATE COMMERCIAL CENTER FOR MIXED BUSINESS AND LIGHT INDUSTRIAL USES 1 ON PROPERTY LOCATED AT THE SOUTHEAST 1 , • 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 l' SECTION 2, TOWNSHIP 50 SOUTH, RANGE 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. j I WHEREAS, William R. Vines of Vines & Associates, Inc., representing Ashley M. Papineau, Partner, of Tollgate u Commercial Center, petitioned the Board of County Commissioners to change the zoning classification of the ; herein described real property; •I '.. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY . i COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: v The Zoning Classification of the herein described real At,• property located in Section 35, Township 49 South, Range 26 East, and Section 2, Township 50 South, Range 26 East, I • Collier County, Florida, is changed from "PUD" to "PUD" ,; Planned Unit Development in accordance with the PUD Document, . r1: attached hereto as Exhibit "A" which is incorporated herein i and by reference made part hereof. The Official Zoning Atlas 3' ;t Map(s) Numbered 963536 and 060102, as described in Ordinance 1,4 Number 91-102, the Collier County Land Development Code, are 'v hereby amended accordingly. • 1+ ,9 11• i f` , -1- took c�51 Pact wj••I Packet Page -2361- j 9/22/2015 17.B. • SECTION TWO • ff Ordinance Number 84-6, as amended, known as the Tollgate I 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 1,., as Exhibit "B". 9 SECTION THREE: .f 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. L. I ': PASSED AND DULY ADOPTED by the Board of County .r "`4. Commissioners of Collier County, Florida, this RAW...day of 1. . R/ C ' , 1992• ! tt ;t,,' A•TTEST,r•. . e BOARD OF COUNTY COMMISSIONERS ,''`' • .JAMES:C:KpItES, Clerk COLLIER CO Y, FLORIDA ' Sr. ',thy..: ? ', _ BY + • *i0';1?:.:.. \":j..:.. CHAIRMAN ''` Appf'c ild as to form and legal sufficiency " �'- -�T 2.r�.& This ordinance filed with the I ± Mar o e•M. St dent ate s Off1.247...1 o Ix Assistant County Attorney a le 7Y "': and ocknowledgernent of that Li PUD-83-18(3) ORDINANCE eft «ems %tom 15 day nb/5412 By_„,, • j It 1 . 1 4'1,— n BOOK f i51 PAGE 03 -2- ■ I y=' , Packet Page -2362- .........__.......____________._ _ — . _ _ .. ...... . _......._... ....._:__.,'..'.1 . 9/22/2015 17.B. N\. p; • I?r _1tf.1 • • J F • PLANNED UNIT DEVELOPMENT TOLLGATE COMMERCIAL CENTER 1 • PREPARED BY: WILLIAM R. VINES, AICP +':2*;. VINES, & ASSOCIATES, INC. 73.5 TENTH STREET SOUTH NAPLES, FLORIDA 33940 (813) 262-43.64 • • V. t. µ •F r%. .21P% DATE REVIEWED BY CCPC • r'r DATE APPROVED BY BCC 2/1J/92 ORDINANCE NUMBER 92-JO AMENDMENTS AND REPEAL ! X , 4-2,rt.. 60DK 1151 PAGE 04 I , l I Packet Page -2363- x9/22/2015 17.B. 1 1! • r`!o- T �{ I f"i 1 Ai 4 ,I. it, 1 'y I' 1 I,,i :`s TABLE or CONTENTS 1. • 3y, +?, PAGE • i I, LIST OF EXHIBITS AND TABLE ii . STATEMENT OF COMPLIANCE iii : Xt. SECTION I PROPERTY OWNERSHIP G DESCRIPTION 1-1 r 1 ai: SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2-1 k: SECTION II_I COMMERCIAL AREAS PLAN FOR PARCEL "A" 3-1 SECTION IV COMMERCIAL/LIGHT INDUSTRIAL AREAS FOR 4-1 '1' PARCEL "B" ') SECTION V GENERAL DEVELOPMENT COMMITMNTS 5-1 • Yt' I ,is4 f ; r: ;' -i- I ,e`' BODE (151 nu 05 Packet Page-2364- 9/22/2015 17.B. . itti s ....-e, V i.:, -..:.. . f 1:.:4•:-...1': " I .J.:1.1.. . .'•,:,N,,' . - 1 lit07. LIST OP EXHIBITS AND TABLES it.LI. tr-k EXHIBIT A PUD Master Plan 6-1 TABLE I Schedule of Development 2-2 ,.; . II ). 11 • . ., . ' { . -,■-,,7.. ... . i 11 .., .4.:,... 1 ..14,..'.;•"‘ . i 1 :,71:1-.1.,%. . • ',..r.,..,„ I, i . . BoDz n5i PAC: 06 ( .. ,..i . i i• ;;',. ,....:. -ii „a. , e!..... . its .T.,.. . - t , 1 • . I • ... i i .•I- c,i i. :,....:.-2 . . .7'....-. . I . •‘.' • . , i I 1 i Packet Page -2365- --- malo 9/22/2015 17.B. M Mill S , y • ', ,,A1j,r� if b 1. , ii STATEMENT OH COMPLIANCE 9 The development of approximately 100.23 acres of property in 4 Collier County and within an Interchange Activity Center, as a 8 Planned Unit Development to be known as Tollgate Commercial . center, will be in compliance with the planning goals and ;�',, objectives of Collier County as sat forth in the Growth Management i '•t Plan and it's provisions for Interchange Activity Center development. This compliance includes: Activity Center Protect I 1 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 � ;�k activities. ",C.•' 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 i Growth Management Plan with the adoption of the Plan amendment which allows for specifically approved heavy 4± business/light industrial uses to be developed in designated , interstate activity centers. 5. The project will be served by a complete range of services I 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 • i naturalized open features which serve as project amenities. • 8. The project shall be developed in accordance with the ' ,I 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. ,)p*' -iii- I .)1' t; , r Me?' �I Boor 1.751 PACE 07 . E ,,j r e•1 Packet Page -2366- MINN 9/22/2015 17.B. . ; :. SECTION I ( ! .i:- PROPERTY OWNERSHIP AND DESCRIPTION 9 ( ii 1.1 PURPOSZ i 1 :r The purpose of this Section is to set forth the location and 1 ER ownership of the property, and to describe the existing s)g conditions of the property proposed to be developed under the project name of Tollgate Commercial Center. i 4V. 1.2 LEGAL DESCRIPTIOT( a . • Commencing at the southeast corner of Section 35, Township 49 f South, Range 26 East, Collier County, Florida; i 'tt'' thence along the east line of said Section 35 North Y' ' 1'-56'-55" West 200.14 feet to a point on the north 1 right-of-way line of State Road 84 (Alligator Alley) ; thence along said north right-of-way line, North 898-45'-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 89'-45'-01" West 2398.66 feet; 2) South 89°-56'-16" West 1547.43 feet; ,. 3) North 80°-43'-5B" 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 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'-01" 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'-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 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 (Alligator Alley); and the Point of Beginning of the parcel herein described; .`,' 1-1 {t 3 4 'ws `r' 600r C61 PAGE OS IC . 1, `..Y, 1 , Packet Page -2367- __ ----- -- - 9/22/2015 17.B. IY yY. 1 . ' being a part of south 1/2, Section 35, Township 49 South, * c Range 26 East, Collier County, Florida; 5, • subject to easements and restrictions of record; 1 . :` containing 69.40 acres of land more or less; { bearings are based on Florida Department of Transportation ' 1 right-of-way map for State Road 93 (I-75). y' ALSO INCLUDING THE FOLLOWING x_ 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' 01" West, 337.83 feet along the North line of said Section 2 for a POINT OF BEGINNING; thence South 00° 02' 19" East, 59.98 feet; thence South 89° 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° 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' 42" East, 209.91 feet; thence South 80. 43' 58" East, 709.38 feat; thence ' North 89° 56' 16" East, 1,547.43 feet; thence South 89° 45' 01" East, 2,396.67 feet to the Southerly Existing Limited . Access R/W Line of S.R. 93 (03175-2409); thence South 00° 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 1.,P, . F.P.L. Easement 4.98 i , ' GENERAL LOCATION OF PROJECT SITE K. Tollgate Commercial Center is located in the southeast h quadrant of the Interstate I-75/CR-951 interchange, • t.: approximately five miles east of the Naples Airport at the tir eastern terminus of Davis Boulevard (SR 84). 'l`• 1-2 t Y Y .' ,' Boor 1151 pAct 09 v ,. ti Packet Page -2368- 9/22/2015 17.B. g y . 4,.104'AVI •;ti 4 1 1 S. % 1.3 PROPERTY 0WNERSHIP , p' 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 AELA 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 4 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 from 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, Xeri fine sands and Pompano fine sands. The distribution of these • soil types is shown in Map E. E. VEGETATIVE COVER: A breakdown of the vegetative cover of the project area is as follows: 1-3 fj • 600( (15 PE 10 Tq: st Packet Page -2369- 9/22/2015 17.B. . I i .. .4# VEGETATION COMMUNITY ACREAGE 4 ,. Pineland 1.00 if': Saw Palmetto/Rusty Lyonia 4.21 .; ;: Transitional Zone/Cypress 29.40 Functional Wetland 9.40 Cabbage Palm Heads 0.30 Improved/Platted 30.67 4:•• Cleared/Filled Unplattad Former R/W 21.66 .' F.P.L. R/W 3.60 Total 100.24 ;4'', There are no unique features of the vegetation. All species and associations are "typical" for soil types i common to pine flatwoods of level sandy areas of Collier County. ;+r 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 an habitat such as the Tollgate Commercial Center site. �' No endangered or threatened species were observed on the . s' . site. D. HHISTORICAL OR ARCHAEOLOGICAL SITES: John Heriault, - 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 SFWMO and County f criteria. t 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 i year-zero discharge design event. 1-4 ,.. C5inn i1 nA• . I Packet Page -2370- __i___ MOW "mos . 9/22/2015 17.B. it }!,, 1 v.SI �. 1; - 1 {77hh�� ,,. 1 1 G. RATER SUPPLY: Potable water is being supplied by the Collier County Water-Sewer District. Vt' Non-potable water utilized for landscape irrigation and other non-human consumptive uses will be procured from 1 on-site wells, or from the County treated sewage effluent distribution system. ! H. .$0L70 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. 1 ! I. ELECTRICITY: Electricity is being provided by the Florida Power & Light Company, Inc. J. p0LICE PROTECTION: Police protection is provided by the Collier County Sheriff Department. i Rescue 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. I v, f . ' r: t: two.,: 1, Lw' iri BM 1151 mr 12 • Y. 1I 1 I 1-5 li II II I i . le i. ,: - • • 9/22/2015 17.B. ' ' I! SECTION II 1 ,: -., PROJECT DEVELOPMENT REQUIREMENTS it ' i:fi. 2.1 pURPOSZ 1, I 4 The purpose of this Section is to delineate and generally �.. describe the project plan of development, relationships to A: applicable county ordinances; the respective land uses of the , ,! tracts included in the project, as well as other project ", - relationships. 2.2 QENERAI, A. Regulations, requirements and references for development L 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. • S. Unless otherwise noted, the definitions of all terms 1 shall be the same as the definitions set forth in 1 Collier County Land Development Code. C. All conditions imposed and all p graphic material - presented depicting restrictions for the development of = Tollgate Commercial Center shall become part of the L -.. regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through variance or waiver provisions within this 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. k ;ti,,, A, 2-1 r,. I Ak' BOOK R51►AGE 13' r: • Y j Mask 1 , A6. 11 T' ''.. I il z . II ter : ',. Packet Page -2372- 9/22/2015 17.B. \ 4, y r. I .1 ,:, , fCHEDOLE Of DEVELOPMENT q r ` Project development is underway and will continue to build- out. ii! } The following schedule indicates the anticipated start and i! . `; completion dates for the various project development Phases. Ale Phase boundaries are indicated on the Master Development 4 Plan. R TABLE Z . % OF <<; PHASE ACREAGE SITE STARS COMPLETE I 54.51 54.4 1988 1993 '4' II 26.44 26.4 1992 1995 I;. ZII 19.29 19.2 1993 1996 1 , , TOTALS 100.24 100.0 n: 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 I Development Plan is an illustrative preliminary development plan. Design criteria and layout is ,I 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 'I and be consistent with the project development, as set l forth in this document. it Minor changes to the master plan shall be subject to the provisions of Section 2.7.3.5, Division 2.7, Article 2 1 i 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 i K configuration. • 600x 1 51 'ct 14 I 11 4' 2-2 I IF- I Packet Page -2373- .. -- _. . . _.. . 9/22/2015 17.B. , 4., F. , ilr, I I! I' V.1, v, 1 ! a ' B. In addition to the various areas and specific items II : , ' ' shown in Exhibit "A", such utility and other easements �� as are necessary shall be established within or along the various tracts. A 2.4. BELATED PROJECT PLAN APPROVAL REQUIREMENTS :{r A. Prior to the recording of a Record Plat, for all or part "i. 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. I. S. Exhibit "A", PUD 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 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 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 regarding any dedications and method for providing perpetual maintenance of common • facilities. E. The developer or subsequent owner of any platted parcel xor platted tract shall, prior to application for a ,- building permit, submit a Site Development Plan (SDP) or c Preliminary Subdivision Plat for that 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. . I ' .• L Cr 2-3 taco 1151 r*cE 15 . <jj2.7 f � • PacketPage -2374- 1.......1■•■■•■=ommosaMMENNIMINNI 4 9/22/2015 17.B. 1,1 IND • MIS li 'r • , , [ 1 I ■ , • . : t 1 t v. ...e 1 .-..,.; 1 J I.- 4 _ 1 0 2.5 AMENDMENTS TO PUD DOCUMENT OR_PUD MASTER PLAN I . - 11 , 1 Amendments may be made to the PUD as provided in Section 2.7.3.5.1, Division 2.7, Article 2 of the Collier County Land tt Development Code. ;1 r 2.6 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVATI ilt. As provided for within Section 2.7.3.4, Division 2.7, Article 11 1 .t. 2 of the Collier County Land Development Code. 4 1 41, 2.7 POLLING PLACES 1 4,* ,r. As provided for in Section 3.2.8.3.14, Division 3.2, Article ; I . 4 fr, g 3 of the Collier County Land Development Code. 11 .. 2.8 POD MONITORING • 1 il T. iv, An annual monitoring report shall be submitted pursuant to Section 2.7.3.6, Division 2.7, Article 2 of the Collier Tr County Land Development Code. 4E. i ■, tVT 1]. ..7.V.?..1 Fr; .. , 4 ' 1; ‘, f . 1 . . r e■C . MK I•01.PA:11. i9 ::- L , ', ....... , ^ . 2-4 ,t A 1.- 1 1} • 1 1 i ■ ..;7, % lq. 1 t:t W 1 it..., I Packet Page -2375- _ __ _ I MI 9/22/2015 17.B. Ma- i 1 r1 1•i 1 10 t l s t I,i '''+`• SECTION III i ii i'i:- COMMERCIAL AREAS PLAN r. l !I Vi , 1' 3.1 PURPOSI C .,•, The purpose of this Section is to identify the type of 1 Commercial Uses and development standards that will be applied to the areas so designated on Exhibit "A", as "A" j, Parcels. ' 3.2 DEVELOPMENT INTENT FOR PARCEL "A" G It is the intent of this document that "A" designated development parcels be used for commercial purposes which serve the motoring public using Interstate 1-75 as well as providing limited commercial goods and services of an areawide nature for the Naples, Marco Island, Golden Gate and i the Immokalea 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 d (; the time final local development orders are issued except as 1' • specified otherwise in this document by the Collier County Board of County Commissioners. I' 4 *, 3.3 USES PERMITTED ' x, No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other i, than the following: GF 'r, A. Princibal Uses. ti' , .. No building or structure, or g , part thereof, shall be erected, altered or used or land or water used, in whole 7 or in part for other than the following: z ' • (a) Automobile service stations including engine tune- ups and minor repairs, and car wash facilities �j •E;' which are accessory uses. I ;r . (b) Banks and financial institutions, business and ktP professional offices. r,. (c) Cocktail lounges and commercial entertainment. (d) Convention and exhibition halls. 3-1 1 "r . ^th: bODK "51 PAGt 17 N t. '• . ,f r Packet Page -2376- MOM= 9/22/2015 17.B. . 1 40: geh`, r•. ,r !a ''"` (e) Department stores; drug stores; dry cleaning shops ' 5; . and dry goods stores. 4` (f) Electronic games and furniture sales. 1 11 ''.' (h) Motels; hotels: and other transient lodging .‘:•.:• facilities. W . (i) Research and design labs; restaurants and fast food `* restaurants. II (j) Shopping centers. ;•° (k) Souvenir stores and stationery stores. ? (1) Supermarkets. (m) Variety stores; vehicle rental-automobile and U-haul type of vehicles and equipment including outside display; veterinary offices and clinics; no tIti` outside kenneling. (n) Any other commercial or professional service which 1is comparable in nature with the foregoing uses and which the Planning Impementation Director determines to be compatible in the district. I1 . x, ; B. Permitted Accessory Uses and Structures • AY', ' (a) Any accessory uses or structures customarily a;: associated with the permitted principal uses and E structures. )1 'I (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) \ ,.•ii.:. square feet gross floor area in the principal ,�„: � 5r' P P y. structure. 3.4 Development Standards 1 �: i (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. 3-2 i Vial PAU 18 1 �j I :a' . i.t„ . I S I'. ,1'• I. 1 • Packet Page -2377- - 9/22/2015 17.B. I t .t i'!u • (3) Minimum Yard Requirements: ! ..4 ) (a) Front Yard - Twenty-five (25) feet plus one (1) � . c;, foot for each two (2) feet of building height over 1 fifty (50) feet. (b) Side yard - None or a minimum of five (5) teat with unobstructed passage from front to rear yard for ' 1 non-residential uses. Fifteen 1. (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. 1 (c) Rear Yard - Twenty-five (25) feet. (d) Waterfront - Twenty-five (25) feet from the normal water line of any artificially created body o! r.: water, excluding observation decks, bridges and 4�.47 walkways. (4) Maximum Height: One hundred (100) feet. ti (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 I,- not occur in a structure shall not require a minimum floor area. i ; . (6) Maximum Density: Twenty-six (26) units per gross acre r.... of land for hotels, motels or transient lodging 4.'; facilities. i■ (7) Distance Between Principal Structures on same site: 4. one-halt the sum of the heights. 1 . :. (8) Signs: As required by Division 2.5 of the Land Development Code. (9) Minimum Off-Street Parking and Off-Street Loading i-+ Requirements: As required by Division 2.3 of the 1 E. Collier County Land Development Code. I; . : (10) Minimum Landscaping Requirements: As required by the , Collier County Land Development Coda. .k. i.;, (ii) Outside Merchandise Storage and Displaying: Unless ! _ specifically authorized by this PUD document or by an approved Site Development Plan, outside storage or i, display of merchandise is prohibited. • 1 . 3-3 4. • n . 4 tF toQr n51 PAGE 19 I] {.ti'? 1 ` J . % - • I i Packet Page -2378- 1 INNII r 9/22/2015 17.B. : 1 i ' SECTION IV ' iI ($ COMMERCIAL/LIGHT INDUSTRIAL USES t . - . 4.2 pui ost • ! r� ts. The purpose of this Section is to identify the type of commercial/Industrial Uses and development standards that ' I will be applied to the areas designated on Exhibit "A" as "B" Parcels. it': �:)'< 4.2 DEVELOPMENT INTENT FOR PARCEL "B" 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, 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 "fir- point for the arrival of goods from other points of the Al. region and country and then be processed for distribution to r' the local trade market. ,, It is intended that inside storage and warehousing along with • , . limited assembly and manufacturing wholly within a building i x and not obnoxious by reason of emission of odor, fumes, dust, b:j 1 f9 smoke, noise or vibration be permitted. r,; eJ 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 1 >" the time final local development orders are issued except as :?r specified otherwise in this document or as may be approved otherwise by the Collier County Board of Commissioners. I 4.3 USES PERMITTED I No building or structure, or part thereof, shall be erected, kk. altered or used, or land or water used, in whole or in part �; of other than the following: I'; 1, A. principal Uses: I ' + , (a) Any principal use or structure permitted on "A" i !,' designated development parcels. (b) Assembly operations in an enclosed building. i I 4-1 iI, .s. 4 t booK P'Sl PAGE 20 If II Packet Page -2379- 9/22/2015 17.B. .. +. ..- A IIIIII I t.t ; Y I 7S: I III i !I ti'' ; i , ' (c) Building supplies and contractors storage 1 1 facilities; bulk storage yards not including junk 1 or salvage yards. 1 ' c. (d) Car wash, communications service and equipment . • , ' repair. (e) Freight movers and storage. F''''' (f) Laboratories, research, design and testing; laundries; lawn maintenance shops and plant y(► nurseries; light manufacturing or processing r (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, service and repair : ,. including outside display. .• (i) Offices, general purpose. (j) warehousing, wholesaling, storage and distributing a, establishments and similar uses. • (k) Any other commercial or professional use which is comparable in nature with the foregoing uses and 4 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. {' tr C. permitted Provisional Uses and Structures; -, (1) Attached residence in conjunction with a business - ,y,. one (1) per business. • i (2) Permitted use with less than 1,000 square feet gross floor areas in the principal building. f I �,%r '., 4-2 • I K' ±I ':S•,'3,. , • {1 r f, took n5ina 2I I %.• 1 Packet Page -2380- ,A,. M ® el 9/22/2015 17.B. i %' 4.4 DEVELOPMENT STANDARDS i :4 (1) Minimum Lot Area: Ten thousand (10,000) square feet. „': (2) Minimum Lot Width: One hundred (100) feet as measured i `r`a” at the front building setback line. 'l (3) Minimum Yard Requirements: .' (a) Front Yard - Twenty-five (25) feet. • k5i' (b) Side Yard - Non, or a minimum of five (5) feet with ?'' unobstructed passage from front to rear yard for fe, 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. (c) Rear Yard - Twenty-five (25) feet. y (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. r (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. I (6) Maximum Density: Twenty-six (26) units per gross acre �' of land for hotel, motel and transient lodging p facilities. . (7) Distance Between Structures: One-half the sum of the " heights. -w, (8) Signs: As required by Division 2.5 of the Collier County Land Development Code. a '' (9) Minimum off-Street Parking and Off-Street Loading ti;,; Requirements: As required by Division 2.3 of the Collier County Land Development Code. I I 1 4-3 1 t:: , A y~ BOOK f151 PAGt 22 t ' W• t;. • 1 Packet Page -2381- 9/22/2015 17.B. NM MO a k;. a: - 0 r'o.• '' • (10) Minimum Landscaping Requirements: As required by the I i .; ' Collier County Land Development Code. x .1 1 R;` (11) Merchandise Storage and Display: Unless specifically authorized by this PUD document or an approved Site Development Plan, or of a nature which is permitted generally, outside storage or diplay of merchandise is IC: prohibited. 1 '4 Y a 4 si ix•. • ,'1's aoo PAGE 23 • ` ` 4-4 •L4ti., •,•1. I A J 1 { II lit'...!..'.!.-( i Packet Page -2382- NEM 9/22/2015 17.B. 4 i .,�r• SECTION V GENERAL DEVELOPMENT COMMITMENTS 1 I . V'. ,JJti 5.1 puRPOSI The purpose of this Section is to set forth the standards for , : the development of the project. • 5.2 pUD MASTER PLAN rats ►'r: A. The PUD Master Plan is an illustrative preliminary `; 5': development plan. 4, 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, dedications, or other instruments shall be granted to insure the continued � operation and maintenance of all service utilities. `k • D. Overall site design shall be harmonious in terms of landscaping, enclosure of structure, locations of all s improved facilities, and location and treatment of Abuffer areas. ii.1,-. 5.3 p,NOINEERINq . 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. • • t.,. B. The project shall be platted in accordance with the Collier County Subdivision Code to define the K right-of-way, tracts, and water management areas as j shown on the master plan.if i..". 5-1 k. 600 (151 Pact 24 ,f. II ,y' Packet Page -2383- 9/22/2015 17.B. K C. Landscaping shall not be placed within the water management areas unless specifically approved 4 P Y pP by project •.4 _ Review Services. iw A II 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 backup 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 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 3 r to a maximum length of 1,050 feet. 4. 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 i, pavements structure to meet collector standards. . 5-2 1100( MIME 25 RRRR 1 Packet Page -2384 • 9/22/2015 17.B. Xw 1 5 1 o N. Land Development Code, Section 3.2.8.4.7 - Easements: Utility easements will be provided as needed with 1 E Collier County utility easements (C.U.E.) at a minimum l ,:.1.: of fifteen (15) feet. • I 0t; I. Land Development Code, Section, 3.2.8.3.17 - Sidewalks: 4: Not waived since existing phase already has sidewalks and it will maintain the continuity for pedestrians access purposes. 5.4 yTILITIES A. Water distribution, sewage collection and transmission � '' and interim water and/or sewage treatment facilities to E',F" serve the project are to be designed, constructed, ' conveyed, owned and maintained in accordance with . ii Collier County Ordinance No. 88-76, as amended, and I; other applicable County rules and regulations. ,1 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. I 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 s .. sewerage system shall be prepared so that all sewage . 4,, flowing . to the County's master pump station is 1 kc, a ,� , . WV 1151 PAGE 26 '' R: .. Y':: >: 5-3 • :•`.. t 1 . . j E tz I.. ■ - Packet Page -2385- 9/22/2015 17.B. A s x ,,. li , .4 t� 4t ,.-ilt,`. transmitted by one (1) main on-site pump station. Due i {' to the design and configuration of the master pump I 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 MI6 construction drawings, so that all aspects of the sewerage system design can be coordinated with the k : County's sewer master plan. , E. The existing off-site water facilities of the District i 1 must be evaluated for hydraulic capacity to serve this i project and reinforced as required, if necessary, D. consistent with the County's Water Master Plan to insure ii t that the District's water system can hydraulically provide a sufficient quantity of water to meet the li anticipated demands of the project and the District's I ; existing committed capacity. F. The existing off-site sewage transmission facilities of the district must be evaluated for hydraulic capacity to 1 ., serve this project improved as required outside the projects boundary to provide adequate capacity to 1 transport the additional wastewater generated without 1 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 •I and until approval of the proposed construction in accordance with the submitted plans is granted by ;I 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. 1 / C. An Excavation Permit will be required for the proposed `� S' lake(s) in accordance with Division 3.5 of the Collier 1( County Land Development Code. The standards related to li t..'. depths may be modified in accordance with DER and ACOE 1permits. D. Each building site will be required to provide a minimum ': 1/2 inch of dry pre-treatment on site, unless otherwise • h-_ waived by South Florida Water Management District. i I 5-4 'r ' 1151 800K 1 PAGE 27 i' 5, I Packet Page -2386- MONIS EM! X9/22/2015 17.B. • j Rr' i 1.. ( „ ,I . ' ' 3.6 XNVIRONMENTAL ` 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 I F`: 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 1 transfer of deed(s) of land(s) to Florida Department of I Natural Resources, Division of State Lands must occur prior to final construction plan/plat approvals. C. Control structures on-site shall be constructed in V'" accordance with State and Federal permits. WI'.: 5.7 'TATER MANAGEMENT a ,.: ;, - A. Detailed paving, grading, and site drainage plans shall T 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 Jj Services. _r B. Design and construction of all improvements shall be "' subject to compliance with the appropriate provisions of 1.'' 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 i depths may be modified in accordance with DER and ACOE permits. .,,'. 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 `� 1/2 inch of dry pre-treatment on site, unless otherwise ! ; waived by South Florida Water Management District. t' 5-5 ef' eoe( P51 PAGE 28 • , e. j0 1 1 •I t,!';. Packet Page 2387 ___ _.__ IN...• 9/22/2015 17.B. I i i` Ill R 3.6 TRAXSPORTATI02( _ , ;�` A. The final location of major access points along Davis iBoulevard shall be determined during the SMP process. i {' Such major access points shall provide primary access il . and internal road circulation and shall typically . V include turn lane improvements based an 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 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 ,rr,,... g P P P ,::.. 5. other roadways providing access to the site Y - 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. •Z 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 DOCUMENT/md t.. /AV f+51 PAGE 29 f4-' .., 5-6 !1. i 1 r. 1 1 1 Packet Page -2388- 1111111111111rworamop ...., 9/22/2015 17.B. , - XIII INII .1....:, .,.,, t .,...:,..... ....• . MASTER DEVELOPMENT PLAN . .•-:-.----,-...--...... ,. . .... . . . •-... . . ! I i , .. ',,• 7.?,. TOLLGATE .. . . ,‘COMMERCIAL CENTER ...,:-...,- 1.... January, 1991 lt, .. . 1 . • .. .. • .•.,....,.:,• ,.. , ... 1 / .. . . . , . , i, ...; — .-...••• . ,. .: 411 ,:p......t: . _ . .,t...1 .:::.:::..-..:.:,:::•!•: V:42:1 :;.?4•-• — •,,,,, gis...11. , a........i . . g _ , 1 .:::....:::::.:i.e.,..1.........:„..f....!.....,...:,.:!: 14 la ...... • 1 ::.::::::::,:::.::::„. It fx .,. 111 \ .ri • . lit • 1 i --- ----r—pi,rAsz,N, 1 1 II' !'-'.,' • --------- ------. .. . I I ,L Ell ...... .....___, •..■ ,, —......,___ 11111 1 I. =11131 .3t....,,.. ,111 ..t.... "..:-. i i (i. \ . ' ■ : e e.3 Q,51.z • )- i- I r/ )1161■1...x"I )- , • ive C.R. 951 .. / •, EXHIBIT "A" ) r . .„..,- loot PzipAci 30 . .. . . . i, : ',2.-7:•,'••,.,tr,..- . - I Packet Page -2389- . . . _ ........................___ _______. ... .. . ... ...................................______...................._ ... _.. .. ... . ......._ 1 9/22/2015 17.B. , ..vt,.... . ,.. . • ......e_c_vzcZ-- ... r , JAM 2 71984 J 1 t .` •.'' CDD/PLAN, r. �, � • h• r1 i Q� .1 `a C lll�GrV' ,,,,, . ,:' .4 - ORDINANCE 84— 6 • ,; �' AN ORDINANCE AMENDINC ORDINANCE 82-2 THE CON- ' PREHENSIVE ZONING RECULiTIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY, FLORIDA BY ' AMENDING THE ZONING ATLAS MAP NUMBER 49-26-7 BY j CHANCING THE ZONING CLASSIFICATION OF THE HEREIN • DESCRIBED REAL'PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT FOR 69.4 ACRES TO COMMERCIAL, INDUSTRIAL AND RESIDENTIAL TOURIST USES IN THE ti SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 49 S., RANCE 26 E; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, Neno J. Spagna, petitioned the Board of County , • t• Commissioners to change the Zoning Classification of the herein ,Z :.^•i. deacribed.real property; ,Sk" ''. NOW, THEREFORE BE IT ORDAINED by the Board of County • r,• ° ',.7'1 :. u Commissioners of Collier County, Florida: I' , SECTION ONE: The Zoning Classification of the herein described real property located in Section 35, Township 49 5, Range 26 E, Collier County, Florida is II:' .changed from A-2 to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is i ,.;• ; incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number, Number 49-26-7, ss described in Ordinance 82-2, is '': !'' hereby amended accordingly. ,V,, (see attached) t. Boor l?, aAC( 31 e., 1. tt EXHIBIT ."B" ' I ?i. 1 Packet Page -2390- -._.. _.__. ______ -. 9/22/2015 17.B. Ir� iiiii H- ��„ n.�.: i:E cu 1 i e 11 L •o'. • '7, f f• !I II! • j` .`, SECTION TWO: I, 4 '`' This Ordinance shall become effective upon receipt of notice ij t P: that is has been filed with the Secretary of State. 11 i ci' } '•• . DATE: January 17, 1984 BOARD OF COUNTY COMMISSIONERS :.'.:.':- COLLIER COUNTY, FLORIDA :',!!'0.... ATTEST: BY:,/1 I.1.f /t./�' "'n! �;' ,WILLIAM J REACAN, CIE- . ' VD C.•BROWN, CHAIRMAN •rt4"". , • c _� 41,-.V „. ; ' APPROVED AS TO FORM AND LEGAL SUFFICIENCY is -:-.• . •4- j.. ..... .,:\-, fr.,BURT SAUNDERS, COUNTY ATTORNEY i,'a 7, ,. R-83-18C PUD Ordinance i. .:P.'y ?.` STATE OF FLORIDA ) ' .,;a�.;' COUNTY OF COLLIER ) • ".. I, WILL/AM 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 rY•,°f" original of: '`' ORDINANCE NO. 84-6 '`':' which was adopted by the Board of County Commissioners during 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, •thisfl7.h c day of January, 1984. •. • i .' WILLIAM J. REAGAN-. -.-- t;,; Clerk of Courts and Clerk _ p, Ex officio to=Board of `1, County Commissioners �;' ., im n51 PACE 32 '•• - :'y" V ginia Magri, D,. ty erk I .i • l'A :This ordinance filed with the Secretary of States Office the 23rd day of °,' January, 1984 and acknowledgement of that ling received this 26th day of January, 1984. . •By: _.......,... i 'irg eX Magr , Deputes erk I Packet Page -2391- 9/22/2015 17.B B. . Iiiii MI • 1 . ., v•,• c s 1 ,V.:' •:' . %.:. ..,.,, '• ,I \:,,, •-.-.. 1 - ' ....4 - :I, ,, AI •• ‘i • . . .. . f. . PLANNED UNIT DEVELOPMENT FOR il TOLL GATE COMMERCIAL CENTER _ COLLIER COUNTY, FLORIDA Li 1 —.. I - . .• . 1:..„ .z • . PREPARED BY: '‘- It' DR. NENO J. SPAGNA, PRESIDENT • FLORIDA INSTITUTE OF URBAN AFFAIRS, INC. BOX 1354 NAPLES, FLORIDA 33939 ‘. • (813) 263-0399 . . ,. 1...: ."1:::... -.: . • JULY, 1983 1 f, REVTcrn! DErEMBER. 15, 1931 11 44 . sou r51Piu 33 , i ; 1 1 \ \ Packet Page -2392- ...—__........_ .__. _ 9/22/2015 17.B. .,.fir ,L; , c 1 . =��• ''`: TABLE OF CONTENTS 'Pt'• w •'. PAGE •,•TABLE OF CONTENTS i y ka•:LIST OF MAPS ii ' REZONE PETITION • iii ''''N. LEGAL DESCRIPTION —1— e. '-.'•GENERAL LOCATION OF PROJECT SITE _1_ +F`. STATEMENT OF COMPLIANCE• ,- ',/';., PROJECT INFORMATION s. _2_ ;.COMPREHENSIVE PLAN DESIGNATION i` ' .` CURRENT ZONING _2— �A±.v„-EXISTING LAND USE ' —3— `,ADJACENT LAND USE —3— '. .40%;,-LAND ELEVATION �► ' '.;' SOILS —3— .. s_.1 •r ,,,^'VEGETATIVE COVER —3— f:f;`;WILDLIFE t ;;i`HISTORICAL OR ARCHAEOLOGICAL SITES _4_ ' ' WASTEWATER MANAGEMENT —4— j sY'+ WATER MANAGEMENT �,„ `WATER SUPPLY t;'.. —5— f ' SOLID WASTE i E —5— :ELECTRICITY —5— '?‘ti'POLICE PROTECTION —5— ",4 FIRE PROTECTION —5- ;$:'TELEPHONE ' • ,14. ;; SCHEDULE OF DEVELOPMENT —6- ' ict'•,,,*., USE REGULATIONS FOR PARCEL A-1 AND PARCEL 5-2 and 8-3 7 thru 12 ..r �;_,MASTER PLAN APPROVAL —13— • ,. ?"' APPROVAL STIPULATIONS e "" 13 thru 16 .-;k? 600K 1151 p,cE 34 yi," A : • 1 • • I ■ 1 Packet Page -2393- ---- 9/22/2015 17.B. I • 0• • . 1 NM • Orr= i Mg . . , ; ','• , •V .., a I sl'il'tiii''' il-- • 1 •• LIST OP MAPS MAP REFERENCE & TITLE PAGE •E' MAP A LOCATION MAP —1 7- 3' ,:' • riw• MAP B AERIAL PHOTOGRAPH I 0 • 1 MAP C TOPOGRAPHIC MAP MAP 0 EXISTING LAND USE -19— —2 0— • MAP E SOILS MAP —21— • MAP F VEGETATION MAP -22- MAP G WATER MANAGEMENT MAP 723• MAP H MASTER DEVELOPMENT PLAN -.24.— , ..f itiA,‘ -. ....1 , . 146'•l'.. lit_ - 'f•',,,, .. ,. ••`'.`-• 600t (151PLGE 35 4.4, • li: .! . i . , . i.1. . I I i lel, I.... f., • , Packet Page -2394- r ea i fe/22/2015 17.B. ttf. i55 T� L 1 t .,I..,, qtr . LEGAL DESCRIPTION 1 t L •• -- Commencing at the southeast corner of Section 35, Township 49 South, Range 26 East, Collier County, Florida; ;;}M1" thence along the east line of said Section 35, North 1'-56'-55" West 200.1.4 feet to a point on the north • _� e'., right-of-way line of State Road 84 (Alligator Alley); thence along said north right-of-way line, f'� North 89'-45'-01" West 33.1 .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'-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 (1-75); 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; ,e .I 3) North 64'-12'-39" East 149.83 feet; •(- 4) North 86'-37'-01" East 778.54 feet; . 5) South 87'-55'-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 1 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; fit'; 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; • - 4' containing 69.40 Acres of land more or less; bearings are based on Florida Department of Transportation l=:` right-of-way map for State Road 93 (I-75). 1,1 GENERAL LOCATION OF PROJECT SITE :P,L,. Toll Gate Commercial Center is located in the southeast quadrant of Interstate 1-75 and CR 951 approximately five miles east of the Naples Airport at the eastern terminus of Davis Boulevard (SR 84) , ? ;; see Map A. .ih, -1- �$Yx. ,, eoor 115 ,Na 36 • { A I 4F j • Packet Page -2395 9/22/2015 17.B. r____� (WM • ,� .!. L j fit't`{. S• 1•d6;� 1R%6 yj • STATEMENT OF COMPLIANCE • ? , t The petitioner states that if he proceeds with the proposed development, he will: 1., • (a) Do so in accord with: f a*• 1 1. - The Master Plan of Development officially adopted for =" the district. • ff 2. Regulations existing' when the amendment rezoning the + land to PUD is adopted; and, ii" 3. Such other conditions or modifications as may be .1 :,` attached to the rezoning of the land to the PUD classification. k 4. The goals ind policies of Collier County's Compre- A, hensive Plan. , . k (b) Provide agreements, contracts, deed restrictions, or {: sureties acceptable to the County for completion of the undertaking. in accord with the adopted Master Plan as I well as for the continuing operation and maintenance of j. such areas, functions'4 and facilities that are not to be i, provid.d, ,;'operated .or maintained at general public ex- pense, and; •" , (c) Bind his "successors .in. title to any commitments made fl under (a) and (b) preceeding. . k.4 PROJECT INFORMATION ` ~; Total Acres: 69:4' . • . t... . Number of acres devoted to-various categories of land use: Development area Y - 38.9 Water Management area - 14.6 Road Right-of-Way - 4.3 „• F.P.L. Easement - 3.6 't Flow Way - . 5.0 • '; Sewage Treatment Plant - 3.0 COMPREHENSIVE PLAN DESIGNATION The project site is designated commercial on the Collier County 11:-..4t . , Comprehensive Plan. Y CURRENT ZONING The project site is currently zoned .A-2, Rural Agriculture. :?y • INK -2- n51 37 6K PALE . 1.-', .:- -4. • • I I Packet Page -2396- _._-._ _..- ---- 9/22/2015 17.B. . I- z r ;: 1 r • y iI EXISTING LAND USE ;f.. ] At the present time the site is unoccupied, see Map B and Map D. I' 4 ADJACENT LAND USE � '-The adjacent lands are predominately vacant at the present time. The property located at the northwest corner of CR 951 and SR 84 is ;I j• 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. I The property on the north consists of the 1-75 right-of-way. The r ,1 property on the south is vacant. I. "'++' 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 I I 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 ::1;:' There are three types of soil cover on the project site. They are• I'I' • Arzell fine sands, Keri fine sands and Pompano fine sands. The i7 distribution of these soil types is shown on Map E. I VEGETATIVE COVER I A breakdown of the vegetative cover of the project area is as follows, see Map F for detailed distribution: • 1, KEY VEGETATION COMMUNITY ACREAGE I. �' Al Pineland . ,, A2 Transitional Zone Pine b Cyress 6.5 B • Saw Palmetto/Rusty Lyonia 5.7 C Transitional Zone/Cypress 29.4 Ii D Saw Palmetto/Rusty Lyonia 3.7 E Functional Wetland 9.4 II F Transitional Zone/Cypress 1.2 . CP Cabbage Palm Heads 0.5 II li t 4; ri p :�''," nor 1151 Fla 38 i, j"'4 . _. . I Packet Page -2397- a. ____ f- 9/22/2015 17.B. L r. �; i '-u: M Melaleuca 1.4 1; FPL Cleared and Filled Land 2.5 I. .�0 Total 69.4 ,r There are no unique features of the vegetation. All species and associations are "typical" for soil types common to pine flatwoods ;.'�. F of level sandy areas of Collier County. 1 �� WILDLIFE tr, ' Wildlife, observed or noted from tracks, nests, etc. consisted of +*r the representative species, such as raccoon, snakes and wading ' birds, which normally occur in a habitat such as the Toll Gate Commercial Center site. ;j; No endangered or threatened species were observed on the site. ''S 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 4,1' the tract. WASTEWATER MANAGEMENT ,t On-site treatment of wastewater flows will be provided by an : 3 extended aeration plant designed and constructed 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 BOO 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 f cirteria. Minimum road elevations and discharge control will be designed for the 25-year 3 day rainfall event. The finished floor ' 1 elevations will be established by the 100 year-zero discharge de- � sign event. • rvii no. 151 PAG, 39 I 1 • , Packet Page -2398- 9/22/2015 17.B. ,.. C. i i d . . WATER SUPPLY 1 °r Potable water will be supplied by the Collier County Water-Sewer 1 . District. q' .it' Non-potable water will be supplied for landscape irrigation and ..': other non human consumptive uses by an on-site well system. r5;. SOLID WASTE • solid waste will be disposed of at the Collier County Sanitary Landfill. Collection will be provided by commercially operated p trucks; anticipated pickup will be two times 'per week. ELECTRICITY i Electricity will be provided by the Florida Power & Light Company, i" Inc. i POLICE PROTECTION .*. Police protection will be provided by the Collier County Sheriff wit. Department. • 4 • '∎ FIRE PROTECTION Fire protection will be provided by the Golden Gate Fire Control y and Rescue District. a,r TELEPHONE Telephone service will be provided by United Telephone of Florida. r LOOK t•;}1,PAGE 40 f -5- .i Ry i. i _,__— Packet Page -2399-----~-- Ali r—� 1 � 9/22/2015 17.B. ,1 1 L{ t L E SCHEDULE OF DEVELOPMENT Project development will commence as soon as all required permits i Aid have been obtained and will continue to build-out. .-t.' y: The following schedule indicates the 'anticipated start and completion dates for the various components of the project, please t refer to Map H. i , iI f OF COMPONENT ACREAGE SITE START COMPLETE ! %. Parcel A-1 , A-2 16,4 23.7 1985 1987 ; , , Lake #1 , incl. r..; Natural Retention Area 3.0 4.3 1984 1986 Road Construction 4.3 6.2 1984 1986 F.P.L. Easement 3.6 5.2 - - Parcels B-1 , B-2, 8-3 22.5 32.4 1986 1990 Lake 12, incl. :.1 ':".: Natural Retention Area - --11.6 -- •16.7 1984 1986 Wastewater Treatment Site 3.0 4.3 1984 1987 ikNatural Flow Way 5.0 7.2 1984 1987 ,t ', Totals 69.4 100 i Y •, -'4. ,.1., nor 1151 PAGE 41 • -6- id •ir" 1. 1 1 { Packet Page -2400- ,e 9/22/2015��1�7_B it'x,: +' USE REGULATIONS FOR PARCELS A-1 AND A-2 t ,, 1) Intended use of Parcels A-1, A-2. r It is the intent of this document that Parcels A-1 and A-2 be ;.r used for commercial purposes which serve the motoring public y` using Interstate 1-75 as well as providing limited commercial ; ;., goods and services of an areawide nature for the Naples, Marco ,•rte Island, Golden Gate and the Immokalee urban areas. tt 7'j Further it is the intent of this document that Parcels A-1 and g'.'' A-2 shall be used in accordance with all current federal, state and county regulations except as specified otherwise in this e document by the Collier County Board of County Commissioners. I .7. �. 2) Permitted Principal Uses and Structures • 1. i No building or structure, or part thereof, shall be erected, I altered or used or land or water used, in whole or in part for other than the following: Ik (1) Automobile service station including engine tune-ups and f minor repairs. i: 1. F (2 ) Banks and financial institutions, business and professional offices. • (3) Cocktail lounges and commercial entertainment. i; .1 (4) Convention and exhibition halls. i (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. a L;, (8) Motels; hotels and other transient lodging facilities. 1 IV" (9) Research and design labs; restaurants and fast food ' restaurants. • (10) Shopping centers (see ser_tion 10.5 of Ordinance 62-2) . :' -7- BOOK Q71 PAGE 42 rrt.,r 1 `` ✓^ ( ',I:-C err . „ Packet Page -2401- ___ _.__ - • i i i 9/22/2015 17.B. I _ i_ t_ • .`;1 . li r! 'Ii' ,- I 1'�k` , (11) Souvenir stores and stationery stores. •;', (12) Supermarkets a 'ST:.. (13) Variety eSshua it -haul type 't•t...e,,' ofvehiclesand equipment including outside display; ;; veterinary offices and clinics; no outside kennelling. •' (14) Any other commercial oY professional service which is ) M. comparable in nature with the foregoing uses and which the r�" Planning Implementation Director determines to be compatible in the district. 3) Permitted Accessory Uses and Structures '' (1 ) Any accessory uses or structures customarily associated f,with the permitted principal uses and structures. Ii` (2) Caretakers .residence - as permitted by the applicable ti}''' Collier County Zoning Ordinance in effect at the time a permit is requested. . ,-i? 4) Permitted Provisional Uses and Structures (1 ) Car Wash • - . . •air (2) Attached residence in conjunction with a business use - ,. one (1 ) per business. s. ;mss':.. . (3) Permitted uses with less than 1,000 square feet gross • floor area in the principal structure. ` 5) 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. `r" (3) Minimum Yard Requirements: t.: a. Front Yard - Twenty-five (25) feet plus one (1 ) foot ;r; for each two (2) feet of building height over fifty (5C) feet. eaor 051 PAU 43 i , �j -8- �1` i• . . Packet Page -2402- 'all 'on 9/22/2015 17.B. • },, i Y I 1 L II 1 , .. 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. . IVc. 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. z (4) Maximum Height: One hundred (100) feet (5) Minimum Floor Area of Princieal Structure: One thousand ol• ( 1 ,000) square feet per building on the ground floor. .F` (6) Maximum Density - Twenty-six (26) units per gross acre of • land for hotels, motels or transient lodging facilities. F�r (7) Distance Between Structures - Same as for side yard set- r. `i• backs.1.�y (8) Signs - As may be permitted or required by the applicable . ; Collier County Zoning Ordinance in effect at the time a permit is requested. 4 . (9) Minimum Off-Street Parking and Off-Street Loading • 't+' Requirements: As may be permitted or required by the ap- A {. placable Collier County Zoning Ordinance in effect at the time a permit is requested. til :. (10) Minimum Landscaping Recuirements: As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. I (11 ) Outside Merchandise Storage and Displaying: Unless specirically permitted for a given use, outside storage or display of merchandise is prohibited. is �ti, Boor 0 � rast 44 .. -9- x . c., { • 1 Packet Page -2403- 9/22/2015 17.B. ] : — 7yr i f v USE REGULATIONS IN PARCELS 8-1 , 8-2 AND 8-3 ,,;'e•'• 1) Intended use of Parcels 8-1, B-2 and B-3. r It is the intent of this document to encourage selective commercial uses in Parcels B-1, B-2 and B-3 to provide the ;•j; sale, service, transportation, storage and distribution of `T Tgoods 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. 44... A major function of these Parcels is to serve as a focal point v''. for the arrival of goods from other points of the region and /.. country and then be processed for distribution to the local t trade market: " 4: 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 on Parcels 8-1, B-2, and B-3. iFurther, it is the intent of this document that Parcels B-1, ,• 8-2, and 8-3 shall be used in accordance with all of the ' 1 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, ,,j,' altered or used, or land or water used, in whole or in part of • t,. other than the following: (1 ) Any principal -use or structure permitted on Parcels A-1 3. and A-2. by (2) Assembly operations in an enclosed building. • (3) Building supplies and contractors storage facilities; bulk p .. storage yards not including junk or salvage yards. (4) Car wash, communications service and equipment repair. (5) Freight movers and storage. i -16- • t4oaK u51 PAct 45 R. y,,t } .f„ 1 I Packet Page -2404- • 9/22/2015 17.B. `r It (6) Laboratories, .research, design and testing; laundries; ' lawn maintenance shops and plant nurseries; light manufacturing or processing (including food processing but not abatoir; packaging or fabricating in a completely enclosed building). ` ! (7) 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 including outside display; museums and tourist attractions. ,tt (8) New and used car sales, service and repair including outside display. (9) Offices, general purpose. i r:; (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 4r; Director determines to be compatible in the district. 3) Permitted Accessory Uses and Structures • YI (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. OED= (2) Permitted use with less than 1 ,000 square feet gross floor )7P areas in the prinicipal building. •r+ 5) Development Standards :.; (1 ) Minimum Lot Area: Ten thousand (10,000) square feet. toot 151 WI 46 • Packet Page -2405- I i! Ian 9/22/2015 17.B. k " r'' ';, t ,t' ; : (2) Minimum Lot Width: One hundred (100) feet as measured at 1, the front building setback line. ; .., (3) Minimum Yard Requirements: ` ',;11, a. Front Yard - Twenty-five (25) feet. ` , b. Side Yard - None, or a minimum of five (5) feet with 1 ii;;, unobstructed passage from front to rear yard for I ;g;- non-residential uses. Fifteen (15) feet for hotels, motels and transient lodging facilities plus one (1) 1 foot for each two (2) feet of building height over fifty(50) feet. Attached residences shall be treated i '''f as non-residential. I it t � c. Rear Yard - Twenty-five (25) feet. -� d. waterfront - Twenty-five (25) feet from the normal I level of any artifically created body of water, excluding observation decks, bridges and walkways. �I F 3 (4) Maximum Height: One hundred (100) feet. C/ (5) Minimum Floor Area of Principal Structure: One thousand +I ( 1,000) square feet per building on ground floor. + {' (6) Maximum Density: Twenty-six per gross acre of ! ( ) y y-six (26) units ' land zor Hotel, motel and transient lodging facilities.l'Irt (7) Distance Between Structures: Same as for side yard t Z setbacks. I1 , (6) Signs: As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. I (9) Minimum Off-Street Parking and Off-Street Loading Requirements: As may be permitted or require° by the ' applicable Collier County Zoning Ordinance in effect at 1 the time a permit is requested. d (10) Minimum Landscaping Requirements: As may be required by the applicable Collier County Zoning Ordinance in effect K at the time a permit is requested. ?+( (11 ) Merchandise'Storaae and Display: Unless specifically permitted tor a given use, outside storage or display of rt -A merchandise is prohibited. .11 - J.. -12- 11 tov 051 pia 4 f i , i ` F • . l Packet Page -2406- • i - -.. • 9/22/2015 17.B. j1 ,y _ i j,1- `i ' V MASTER PLAN APPROVAL ` Subdivision Master Plan approval as shown on Map H is requested as T' part of this PUD submittal. IlIg:1' APPROVAL STIPULATIONS 1 I. Water Management Advisory Board reviewed this petition and re- Jx commended approval subject to the following stipulations: I t 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 the Water Management Advisory J i Board. '4 3• 2. An Excavation Permit shall be required in accordance with . F=, County Ordinance No. 80-26, as amended by Ordinance No. 1 . 83-3, for construction of the two retention lakes. II ' 3. On-site and off-site groundwater conditions shall be further investigated as they relate to historic local i .. drainage patterns and the Henderson Creek Basin. Ii , i,.. 4. Developer shall recognize that this area is subject to flooding and will proceed with construction at own risk and II > acknowledge that Collier County will not be held re- 1.i. sponsible for any flooding problem that may occur. �''; II. TRAFFIC: The Traffic Engineer has the following I �F recommendations: Subject to FDOT approval, the developer shall provide the following: I. A southbound left turn lane on C.R.. 951 at S.R. 84 be- . 4-!.....; fore any certificates of occupancy are issued. 2. A future dual southbound left turn facility on C.R. 951 at S.R. 84 when deemed warranted by the County Engineer. f 3. Separate lanes for left turns, right turns and through • traffic movements on the westbound approach of S.A. 84 Ff to C I. 4. The developer agrees to pay a fair share contribution °t in accordance with any lawfully adopted regulation ap- plicable to this property. • r` -13- s COOK O51 GE 48 f ',.k; I Packet Page -2407- moo Win 'OM 9/22/201517.8. fit *.. MEMORANDUM •: DATE: luIy 77 1og4 ' '.TO: .•• •• .• - •• • FROM:. T T u etna Tlf 1 Lir try Administrator RE: Petition R-83-18C, DRI-83-2C, Toll Cate a, Commercial Center, S 35-49-26E • We have reviewed the FUD and DRI documents for the project A?. referenced above and have no objection to the rezone as requested. b4 However, we require the folloving stipulations as a condition to our ;.�,• recommendation for approval: 1) The items listed in Attachment No. 1. 2) We require a written Agreement with the owner of the project. if legally acceptable to the County Water-Sever District, stating that: a) The proposed on-site vastevater treatment facilities to be constructed as part of the proposed project must be regarded as interim; it shall be constructed to State & Federal ( standards and be owned, operated and maintained by the owner, his assigns or successors until such time as the County's y.. Central Sever Facilities are available to service the project. 1;. !.� b) -Upon connection to the County's Central Sever Facilities, the Owner, his assigns or successors shall abandon, dismantle and remove from the site the interim sewage treatment t facility. All vork related with this activity shall be { performed at no cost to the County or the County Water-Sever District. c) Connection to the County's Central Sewer facilities will p be made by the owners, their assigns or successors at no cost 1. to the County or to the County Water-Sewer District within 90 days after such facilities become available. d) All construction plans and technical specifications related to connections to the County's Central Sewer facilities will be submitted for review and approval prior to hr 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. Se^ 3) Any items within the PUD t. DRI documents which conflict with k.: above listed stipulations must be revised accordingly. 4) As stated in the PUD b DRI documents, this development plans to obtain potable water service from the Collier County Regional -14- ..,1001..L 5001 051 PAGt 49 • 17. it Packet Page -2408 __ • 9/22/2015 17.B. 1 . • ._ _ , • . . . :•., • .a -4• '1 :::.•,`", ;0-f' • ' L. . . . ., , . '4. '• E.:. ... Ann Ober Page 2 1983 Water System. Connections in this system will not be available .1 .!..; until the construction of the water supply, treatment and trans— ...,.•. mission facilities are completed. At that time, connection.will F F be on a "first come first serve" basis vhen the following • 1 li . • occurs: . 1 : H a) Water is available to the area. t.' hib) An application for service is approved. 44. c) All applicable charges and fees are paid. ILVJFM/bp Attachment 1:,-- ...../_, Q.,5 ./.-- i . , ... „„. . t•it'f!'-t,-... • . . • , - • i fl.,...2 , .. -1,..., . li li.,r.:.. IOU 051Ku 50 • 1 .. t:).'''•,' I • j1i.:,IV';: ..ir•t • —15- - - ■ , .. . . .. ._......_—__. .... .. ._.. _ .. . 4 ::;.... .i.! :.,-..-" ' • -,..; . • , ! Packet Page -2409- aa�ssatrsis�� { 9/22/201517.8. • • 4) ., 'z ATTACHMENT NO. 1 - UTILITY DIVISION POLICY STIPULATIONS , 1) All construction plans and technical specifications for the proposed Utility Facilities must be reviewed and approved by . the Utility Division prior to commencement of construction. 2) All on-site and off-site Utility Facilities constructed by the I t�. 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-Sever District, in accordance with applicable County Ordinances and Regulations. i,:• 3) All customers connecting to the sanitary sewer and water distribution facilities will be customers of the County Water-Sever District and will 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 Commissioners must be completed prior to activation of the collection/transmission system and wastewater treatment • facility servicing the project. Rate reviews must be in full compliance with County Ordinance No. 76-71 as amended, revised or superseded. 4) All construction on the proposed sanitary sever system shall utilize proper methods and materials to insure water tight conditions. 5) Appropriate Utility Easements dedicated to the County Water-Sewer District must be provided for the proposed Water 1-• and Sewer facilities to be constructed, when they do not lie within public rights-of-way or Utility Easements. • 6) 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 permit application for the sewage collection and rr transmission system and a copy of the approved DER permit V. application and construction permit for the vastevater treatment facility to be utilized. r • • ... w.c toot 051 5�. 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'[ 1 • ,',!-7.T .'i:: ..,',.:,-.•- STATE OF FLORIDA ) . ,.:,. ,.. . ....,2:-:: COUNTY OF COLLIER ) il I, JAMES C. GILES, Clerk of Courts in and for the ,er c '. kV Twentieth Judicial Circuit, Collier County, Florida, do 1 • *t"..,. hereby certify that the foregoing is a true copy of: Ordinance No. 92-10 1! 1 .0- v. .-.,! which was adopted by the Board of County Commissioners on the 11th day of February, 1992, during Regular Session. iL WITNESS my hand and the official seal of the Board of 4:!•.',. County Commissioners of Collier County, Florida, this 12th -1.71 ,... day of February, 1992. ! !... ..',. ..!,, • - ;.,...-• . . .- , tWttk,j . ), JAMES C. G/LES .<1.,:-- Clerk of Courts and Cle ,•.. '!„. Ex-officio to Board of . 1.-......,:, '' % ---- •.:•:;!. . County Commissioners ,.: '.:.1 . . :6,''r - , pze.z......5g49,-....-.- 1., . 7.• ....!:- : .'." !I -..v... • By: /s/Ellie Hoffman ".. ',,- .''.ni.'.";'::.•:%!'':'. ; e :- .:... , ..■,:• Deputy Clerk 11 . , nv 051PAGt. 59 ..,; -.,,it•. ...r. .:: :t„,.,... : N •:!!‘,1i.4 - • •'X'.:' +1 ;1 1 ....: • r 1/4;14.,(•- • - • . i 1 .. I Packet Page -2418- • 9/22/2015 17.B. 4 4. . DEVELOPMENT ORDER 92- f RESOLUTION NUMBER 92- 1OD y1 A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1 OF THE TOLL GATE COMMERCIAL CENTER •I DEVELOPMENT OR REGIONAL IMPACT (DRI) BY PROVIDING FOR: SECTION ONE A AMENDING THE i TRANSPORTATION COMMITMENTS; SECTION ONE B '' ADDING DRAINAGE/WATER QUALITY/WETLANDS I COMMITMENTS; SECTION ONE C ADDING WASTEWATER 1 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 ATTACHING THE MASTER PLAN; SECTION TWO, 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 i ' approved a Development of Regional Impact (DRI) known as Toll Gate ivy'': ,7• Commercial Center; and WHEREAS, the Application for Development Approval (ADA) was tt''` .incorporated into and by reference made a part of the Development t : Order; and • " F1 WHEREAS the real 'l, , , property which is the subject of the Devel- ,, t„ opment Order is legally described and set forth in Exhibit "A" to the i Development Order; and WHEREAS, the owners of the DRI property desire to expand the DRI •,.'` area; and .4rM c, . WHEREAS, William R. Vines, representing Toll Gate Commercial Canter, petitioned the Board of County Commissioners of Collier County, y'._. Florida, to amend the Development Order; and k:' WHEREAS, the Collier County Planning Commission has reviewed and tF•^ considered the report and recommendations of the Southwest Florida ft, Regional Planning Council (SWFRPC) and held a public hearing on the petition on January 2, 1992; and WHEREAS, the Board of County Commissioners of Collier County has f reviewed and considered the reports of the SWFRPC and the Collier ' F'° ' County Planning Commission and held a public hearing on the petition on lei.: Words UndeZlined are added; Words struek-threngh are deleted. Packet Page -2419- • 9/22/2015 17.B. January 14, 1992, which hearing was continued to January 28, 1992; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY t COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. Section 4.C.3., Transportation, of Development Order 84-1 for F R the Toll Gate Commercial Center is hereby amended to read as follows: 3. TRANSPORTATION: ; Tranapertetion-generated-by-cell-cute-eemmere4a&-center= when--eembined--with--ether--growth--in--the--areal-will necessitate----intersection----4mprevements----et----the interseetion--ef-BR-954--end-SR-84r---ether-improvements may--also--be--required--as--determined-by--e-menitering programr is geeemmendatiens- j'• aT The--appiieant--shall--be-regn4red-'-te-pay--for-the signalisatienr--turn-lanes--and-ether--improvements deemed-neeessary-by-the-county-Engineer-er-FBeT-fer the-interseetion-of-SR-954-with-Bevis-Benievard-{8R 84}7---Theee-imprevemente-shell-be-mode-at-the-time that--this-interaeetien-is-found-te-exceed-ievei-ef service--near--Service-level-determination-shell-be made--by--either--the--eeiiier--county--Engineering Bepartment--er-FB9Pr---To-this--endr-the--appiieant shell--submit-an--annual-meniterfng--report-te--the collier--eonnty-Engineering-Bepartment7--the-Naples {coil fer--county}-M!PTeT---FBGTT--and-the-Beuthwest Florida--Regional-Planning-eenneii-fer-reviewr--The first--memiter4ng-report-shell-be--submitted-at-the • time--ef--issnenee--ef--the--first-eertifieates--of • oeeupaney-fer-Tell-Gate-eemmereiai-eenterr--Reperts shad--be-submitted-annually-until--bniideut-ef-the • projeetr--This-report-shaii-contain-traffic-counts taken--at-the-aeeess-points-te-the-site-and-turning movements-at-the-BR-954tSR-84-interseettenr • br Monitering--Bevis-Boulevard--te--determine-its-need for--fear-lanes-shaii-begin--with-Phase-ET--At--the time-thet-the-pertien-of-Bevis-eettlevard-from-Radie Reed--to-ER-954-is-found-te-exeeed-ievei-ef-serv4ee non--{by-the-eeilier-Bounty--Engineering-Bepartment er--FB9T}7-the-appiieant-shall-be-regu red-te-pay-a proportional--share-of--the--eost-of-twe--lane-read eenstraetten---excluding-right--ef--wayr-threngh-an • areawide--funding--programr---This--shore--will--be determined--at--the--time-ef--full-beildeat--ef-the projectr--to--the--total--volume--ef-the--proeeted traffic-aleng-the-readwayT ez lit--the-time--that-the--Bounty-Engineer--determines that-BR-951-from-1-75-te-Bevis-Beaievard-{SR-84}-4s found-te-exceed-ievei-ef-service-nenT-the-applicant shaii--be-regn4red-te--pay-e-prepertienai--share-ef the--cost-ef-two-cane-road--eenstrnetiem7-excluding right-ef-way 7--through-an-areew4de-funding-programr The--eppl4eanti-s--share--should--be--determined--es etstiined-in-Recommendation-by /�� Alternatives: sor U.1t?a6I 61 Impact Fees: if Since Collier County has adopts -2- Words Underlined are added; Words strnek-threngh are deleted. gyp• 1 Packet Page -2420- ____________ 1 , 9/22/2015 17.B. J IIIIII NIB MI adopted an impact fee for development, this fee can be substituted for the proportional payment r. outlined below. to the extent authorized by the ;l ' terms of the impact fee ordinance 4n---the it recommendations. Any external road improvements already paid for should be credited towards the overall fee charged the applicant. a;: IP B... The applicant or his successor shall be fully llr. responsible for site-related roadway and intersection improvements reauired within the Toll Gat&Commercial Center DRI. The applicant shall bq ) required to say the full cost for any site-related i intersection improvements (includina but not limited to signalization. turn lanes and additional throuah lanes) found to be necessary by Collier County for the nroject's access intersections onto CR 84. i 8,, The applicant shall make a proportional share contribution to provide the necessary transportation improvements. includina desion and enaineerina. utility relocation, right-of-way l' Acauisition. construction. construction contract I administration. and construction inspection necessary to maintain the adopted level of service for the followina significantly impacted regional roadways through protect buildout in 1996: $R 84 (Davis Blvd.) - Radio Rd. (CR 856) to CR 951 I ii CR 84 f - CR 951 to protect west entrance , CR 951 I It l', • - Vanderbilt Beach Rd. to Pine Ridge A A Rd. (CR 896) I Rattlesnake Hammock Rd. ; - County Barn Rd. to CR 95 . o 11 einta Barbara Blvd. - SR 84 (Davis Blvd.) to Rattlesnake j Hammock Rd,. i'1 Vanderbilt Beach Rd. '1 - Airport Rd. (CR 31) to CR 9,1 .I I Radio Rd. (CR 856) I - Kings Way to Santa Barbara Blvd. If any of the road seaments identified in this • paragraph become deficient in the future. the ' County shall establish an Area of Significant i; Influence (AS/) around such segment pursuant to the Collier County Adequate Public Facility Ordinance. c., The applicant shall make a proportional share 1 contribution to the necessary improvements. 1ncludina but not limited to. right-of-way. cost of signalization, turn lanes and other improvements deemed necessary by FDOT or Collier County. or other appropriate iurisdiction. to maintain the ;I adopted level of service for the following too( t�i,J1m 62 significantly impacted off-site regional intersections through protect buildout: I - CR 9511-75 ramps I x - SR 84 (Davis Blvd.)/CR 951 �; -3- { i, Words Underlined are added; Words struck-through are deleted. s ; 1 t« I Packet Page -2421- I 9/22/2015 17.B. ,. f1111 11111 11111 i . . ,,• .- . . . • =....aiLlirmamilutlysliiacsua21.- I • :- - . ; • :-'.•aSliQEE1LL2•tUlI.dEArb3irA1lLYd1- DJ. I, n I. • t , , *2 • 2. it• • It • 2-• i • •nu- lo, •,- 10 e• . 6. - 122masLAtthstimsthie..._.LxtaismaLssug-itramant-saz lmmsL.....s21ttrYLCS. Eeryiast.__lsxtLAcr•srminiLtican EliallJ2smasis12LSsalicxsomra• Tzslearminalhs lxiatingaaysaazLoaryisLanrszismallitralitisa - 1. Is .- -• • ". • 'n' , - 1 • n• ol ' 111.2-■_xullastarslaLlaubmitanitimas rsaarttsSallitrSsaita. 11241, th2Elstrida 12s2artacannainity21tairmansitatisaltinatt ElarislallesignalPlanninaSsaunaiLfsrSsaitva2111 first monitoring report_shall be submitted one Year after the issuance of t3,e amended development order lor the Toll Gate Commercial Center DRI. Reports shall be submitted annually thereafter until after 1 Duildout of the project. and at a minimum. shall contain peak season peak hour counts and turning movements at each approved access point. Additional monitoring report information shall be supplied as required by County policy. as that policy may be modified from time to time. Z.. should the eventual development mix of the Toll Gate Commercial Center DRI be such that the trip generation and external traffic of the protect . exceed the levels of service identified in the Substantial Deviation Application. man average daily or ayerage Peak season Peak hour basis. then . • , the protect shall go through a substantial deviation determination as outlined in Chapter 180. Florida Status. , - . . • Z._ Based' on the staff transportation assessment of significant project impacts. construction of the following transportation improvements shall be needed prior to. or coincident with. development of the Toll Gate Commercial Center DRI. if adopted levels of service are to be maintained through buildout (1996) on regional road segments and intersections, . , . ER 84 (Davis Blvd.) . • - Radio Rd. (CR 8561 to CR 951 widen to 414 . . CR 84 - ' o p..1- t we es - c- Widen to AL CR 951 • ' ., Ts' - Vanderbilt Beach Rd, to Pine Ridgq 4,- Rd. (CR 8961 Widen to AL . .,, , i- Rattlesnake Hammock Rd, , . . - County Barn Rd, to CR, 951 widen to 4_1e* Santa Barbara Blvd, - SR 84 (Davis Blvd.) to Rattlesnake . ' Hammock Rd. Widen to 6L* :,. Vanderbilt Beach Rd, - Airport Rd. (CP 31) to CR 951 Widen to 4L* e, PrI • bp: 1.151F1Zr._ UO Radio Rd. (c)2 856) - Kings Way to Santa Barbara Blvd. Widen to 6L.* .-. . * or reclassify trom a collector to an arterial at -4- i . . Words Underlined are added; Words struck-throngh are deleted. , - W'. . . . Packet Page -2422- ____ P 9/22/2015 17.B.INN 11.1 the existing lane configuration. Management System of the County as set forth herein. i Fig Development Order options maw be considered by Collier County and the aoplicant_to_the extent that the op inn provide adequate commitments for improvements indicated above to slanifieantly-impacted regional roadways and intersection4 Whatever options are exercised. however. should be done with the understanding that the following conditions shall be met: IS1 If annual monitoring reports confirm that peak hour/peak season traffic on the regional road segments and intersections above exceed the level of service standards adopted by the County and the project is utilizing more than 5% of the level of service "D" capacity for urban areas or "C" for rural areas. then surther building permits and certificates of occupancy shall not be granted until the standards of the County's concurrency Management system have been met. (21 The transportation impacts to the roads and intersections above 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 improvements phall 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. /21 The regional roadway segments and intersections on which this protect has substantial impacts are all operated and maintained by Collier County. The County has made the decision to plan for and manage the Impacts of this DRI through its duly adopted comprehensive clan [including the remedial plan amendments agreed to between Collier County and DCA, pursuant to that certain .$tipulated Settlement Agreement between the parties (DOAH Case No. 69-1299GM)1. The County has considered the regional_ roadway segments and regional roadway intersections ag set forth in 3.B and C. hereof and has determined to require the protest to be subject to and to comply wib_the Concurrency_ Management System (CMS) of Collier County as adopted in its Growth Management Plan and implemented in its Adequate Public Facilities Ordinance (APF) . Divison 3.15 of the Collier County Land Development Code. The Adequate Public Facilities Ordinance (APF) requires the Growth Management Director to complete an Annual Update and Inventory (AUIR) by May 1 of each year on roads and public transportation � facilities based on the adopted level of 100 0.)1FA6E (34 service. The APF Ordinance requires the Board of County CQmmissiQners by June 1 of each year, to establish Areas of Significant Influence ("ASI") around any road segment or -5- Words Underlined are added; Words struck-through are deleted. h � Packet Page -2423- ;s: III OM 9/22/201517.B. It i,f,r.,. intersection which is deficient or is projected by the AUIR to become deficient and which is not scheduled for improvement in the It Capital Improvement Element ("CIE") of the comprehensive clan in a manner and time which would provide facilities concurrent with the •I Impacts of development 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 o= Public Facility Adequacy. Projects within an ASI drawn around a road segment which is projected to become deficient are unable tg obtain Certificates of Public Facility Adeauacv that Would allow impacts to exceed the remaining canapity of those road seaments. The esteblishing theutboundariesCoofi County the s are set forth in Subsection 3.15.3.5 of the Land Development Code. In addition to the provisions of the Collier • County Adequate Pubic Facilities Ordinance. Division 3.15 of the Land Development Code. the DRI shall be subject to the following conditions regarding the transportation impacts of the development: , as The Toll Gate Commercial Center ; Development of Regional Impact is subject to the specific requirements of the Adequate Public Facilities. Division 3.15 of the Land Development Code as that code existed on the day of its adoption. Any amendment to the transportation portions , of the Land Development Code by Collier County shall not be effective or applied ! to the DRI unless and until this Development Order is amended to 1 incorporate and render applicable such \ changes or amendments to the APF. 1 Division 3.15 of the Land Development f Code. The applicant shall provide. Within fifteen (15) days of publication each year. a coon of said_AUIR on the regional • . facilities set forth in 3.B. and C. herein to the SWFRPC and the Department 2/ Community Affairs. . j �.. In the event that Collier County 1 designates an ASI around a deficient road segment that is predicted to be substantially impacted by the Toll Gate 1' Commercial Center DRI and the ASI does pot include the DRI, then the applicant phall file a Notice of Change of this development order with Collier County. the SWFRPC and the Department of 1 Community Affairs. pursuant to Section i 360.06(19) , Florida Statutes. y .. The applicant shall file a Notice of 1, Change within sixty (60) days from the date the County creates an ASI for such a E00 051 deficient road segment that excludes the DRI. The applicant shall file with the , g -6- , ! Words Underlined are added; Words streek-theough are deleted. •`1 , t ,y., 1 , I Packet Page -2424- e gilli MB r ' MI 9/22/2015 17 B f. . , . Notice of Change. a current traffic . Analysis and other information attempting S (,., "p -.Ir. 41% to establish that the DRI is not having a substantial imoact upon the pertinent road segment. or other justification for 4.^, the County's exclusion of the DRI from ' the ASI. If an ASI is established for I Anv deficient road segment listed in paragraph 3.A. and B. of this development order that does not include the Toll Gate 1 Commercial Center DRI. the DRI shall not , apply for or be issued any Certificate of Adequate Public Facility until the Notice of Change decision is made by Collier , =linty. if neither DCA nor SWFRK 1 participates in the public hearina on this Notice of Chancre Pursuant to . S0.06(19 1 (f) and the chancre is adopted 1 Dv Collier County. as proposed. or until ;. Any appeal of such decision to the Florida Land and Water Adiudicatory I Commission is resolved. H 1, For Purposes of this develooment order. the DRI shall be deemed to have 4 i substantial impact upon a deficient road I segment if its traffic impacts exceed I I five percent (5%1 of the level of service "D" peak hour. Peak season canacitv of I ' the roadway. r . L. The County shall provide the recuisite 11' public notice and hold a public hearing 21tho...liatiasslglianas...IEMSdita21121Y as possible. Followi g a public hearina. Collier County shall amend the DR Development Order to record its determination whether or not the DRI is /laving a substantial impact upon the deficient road segment or otherwise should not be included within an NS' for the deficient road segment. In making this determination, the County shall „include the impacts resultina from all development to occur pursuant to the Certificates of Public Facility Adeauacv previously issued to the DRI. The amendment to the Development Order is appealable pursuant to Subsection 380.06(19) and Section 380.07. Florida Statutes.. If neither DCA nor SWFRPC Participate ,th i the public hearing on the Notice of change pursuant to Section 3so.06L1e) (f) . I■ Florida Statutes and the ,chance is • ,I adopted by Collier County as proposed. I' the DRI may be issued Certificates of public Facility Adequacy following the i County's development order decision. If either DCA or SWFRPC participates in the public hearing. the applicant shall not apply for or be issued Certificates of Public Facility Adequacy until the deadline for any anneal of the Collier County decision has expired pursuant to Section 380,07, Florida Statutes and no 1 n-A 1 -1 LW UDIPIct 66 appeal has been filed, -7- Words Underlined are added; words struek-through are deleted. IIIP Aim, .... .. i . Packet Page -2425- • 9/22/2015 17.B. i v, Ell VIII MI I 11: B. Development Order 84-1, for the Toll Gate commercial Center ! `''is hereby amended by adding Section 4.D entitled Drainage/Water i Quality/Wetlands to read as follows: J : Q,_ DRAINAGE/WATER OUALITY/WETLANDS i'' g,, gi The proposed chances to the project's surface water `• management system design shall meet South Florida Water Management District criteria in effect at the time of the application for permit modification. • n, At the time of the application for Permit . modification. the applicant shall provide details of all new control structures for this protect. including dimensions and elevations. A baffle (grease and oil interceptor) shall be included in each control structure. as applicable. to encourage i discharge from the center of the water column rather than the top or bottom. The control structures shall be desianed to bleed down no more than 1/2" of the required water quality volume in 24 hours. A V-notch bleeder design is considered preferable to a rectancular notch design for control structures. g,, Calculations shall be provided at the time of • application for permit modification which verify that the District's water auantity and quality 1 i criteria are being maintained. including those `: • criteria applied to roadway improvements. le,. At the time of application for Construction and Operation Permits for the individual commercial and ! industrial sites, the individual sites shall provide proof to District staff 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. L At the time of application for a modification to the existing District permit. a detailed Plan for • hazardous material handling and emergency response will be required to be provided to District and Collier County staffs. . The applicant shall undertake a regularly scheduled • vacuum sweeping of all internal streets and Parking facilities, to be incorporates as a best management . . practice, • . If the development shoulc± in the future. utilize • • • reclaimed wastewater for irrigation purposes. the Applicant shall ensure that the onsite preserved and created wetlands. Ponds and the surface water management system are adequately buffered from possible effluent contamination. i '.'. All proiect construction shall take place away from proposed buffers, the onsite wetlands and dry detention areas, so as not to affect the intended function of the surface water management system. toor 051 PAGE 67 -a- .'r., Words Underlined are added; Words struck-threngh are deleted. 1 Packet Page -2426- 9/22/2015 17.B. M r:.. L The operation of the Toll Gate Surface water Le fi.s` Management System is dependent upon the Henderson II . Creek W rs atehed for an le outt. o Therefre. a final Surface Water Management Ptan for the protect shall demonstrate that the system is designed in . accordance with exis ing design parameters for the ;i Henderson Creek Watershed. Y The applicant shall marticipate in any on-going or future efforts by Collier County to establish a Countywide surface water management s tem. $... Best Management Practices and monitoring and maintenance of the surface water ge manament system shall be immlemented by the applicant in accordance with District guidelines. L.,_ All internal surface water management systems shall be set aside as private drainage easements. common areas. preserves, or shall be identified as gmecific tracts on the recorded final plat. M,, The applicant shall confirm, to the satisfaction of all federal. state. and local review and permitting , j agencies. and the South Florida Water Management District. that the proposed water management system H will not impact habitats of any state or federally '; listed plant and/or animal species occurring onsite. or that such impacts will be mitigated to the benefit of onsite populations of those species. ILL The above conditions shall supersede any conditions contained within the original Toll Gate Development Order which are inconsistent with the above 1 conditions. Anv conditions contained within the original development order which are consistent IIwith the above conditions shall remain in force. Q. All commitments made by the applicant within the I §ubstantial Deviation Application are attached as Exhibit "B" and subsequent sufficiency ' round information. related to Question 22 (Drainage) . and E not in conflict with the above recommendations. is hereby considered to be cart of this Development i Order. ' E., The applicant shall describe the status of i conditions and mitigation actions reauired by FDER 1 and USACOE permits for wetland impacts, within each 1` annual report, C. Development Order 84-1, for the Toll Cate Commercial Center is hereby amended by adding Section 4.1:. e.1titled MWastewatea b( Management/Water Supply" to read as follows: , '. L. I+'ASTEWATER MANAGEMENT/WATER SUPPLY • ,� ,l,_ For the purmce cf potable water conservation. Toll Gate Commercial Center shall utilize IOW water iise plumbing fixtures, self-closing and/or metered water faucets and other water conserving devices. Z For th n rva e purpose of non-notable water cosetion. o T 1 Gate Commercial Center shall utilize xeri cape principles in the design Qf the pro ect's landscaping, - .,. Toll Gate Commercial Center shall ursue an alternative ',. bap U51 lw 68 L �, Words Underlined are added; Words street-threagh are deleted. '4.0'*i. S. I . Packet Page -2427- I ' _ 9/22/2015 17.B. , 11111 11111 [ ti • ~ • • •• _ - • • • • i^ fyr 1 = W. u.• •• • • , •� • • - 1 _ 1• 1 _ _ - •1 - wetlands where mitigation is proposed shall not be II • - - • .a • I - - 2 t • I! - - lilt •1•- •1•. 1 1 . -, - - 1 -t 1V• - . ,. I. - s • 1• - n- - • ❑' • 1 ' - ' • -/t •1 11- 1! • •- •n codification. J '4x • - •, U- •_ 1 - It • • - - - • I . • I • f. • - - w-1:.• -U=1 1 • 1 4 (t. • •1 • 11•• • •/ • 1= - 1 y landscape irrigation permit. that any proposed around or surface water withdrawals are reAsonable-beneficiall. in 1 - ..• 1 - - - I• I.• - - 1 - 1 - -• imoactsto existing legal users or the environment. The proiect's proposed water use hall meet South y. ,..• -11" 1 • - 1 I' the time of permit application. • I' A.L. The protect shall obtain potable water. and wastewater treatment. from the Collier County Utilities Division. 1 . if Collier County Utilities determines that it has sufficient capacity to serve the protect. Should L Collier County Utilities Division determine that they do . I not have sufficient capacity, the Applicant shall either construct interim potable water and wastewater treatment facilities. or shall postpone jevelopment until such ',j time as Collier County Utilities' service capacity is II available to the protect. Anv interim facilities constructed by the applicant shall be constructed to • Collier County Utilities Division Standards. and shall be dismantled. at the Applicant's expense. upon connection to the County facilities. Whether potable water and wastewater facilities are provided onsite or j offsite. the applicant shall demonstrate to Collier 1 County that adeauate wastewater treatment capacity is available at the time of final plan submittal. li2, As the Toll Gate Development maw be required to utilize treated effluent for irrigation. the applicant shall i,S ensure that onsite lakes. wetlands, and the surface • II water management system are adeauatelv buffered from possible effluent contamination, il A• The applicant shall provide assurance that commercial And industrial effluents. if generated by the protect. will be treated separately from domestic wastewater and 1 handled in accordance w th./DER criteria. Septic tanks shall not be allowed. except for construction or sales offices, due to_the__possibility . hazardous wastewater generation by the commercialloffice And industrial portions of the protect. l0, All construction plans. technical specifications. and t proposed plats, if applicable- for the proposed water distribution and wastewater collection systems. and any possible onsite treatment facilities. shall be reviewed and approved by the Collier County Utilities Division prior to commgnccment of construction. 1 ii All potable water facilities. including any possible • ! onsite potable water treatment system. shall be properly C' I O sized to supply average and peak daily demand. in addition_ to fire flow demand, at a rate approved by the iI appropriate Eire Control District servicing the praiect '• o area. i -10- Words Underlined are added; Words struck-through are deleted. 1 Packet Page -2428- I MI 9/22/2015 17.B. v.0 4 lis. Tn-powb e wtelr ity of water shall be utilized for all uses. e,. 1.1. The above conditions shall supersede any conditions 22110.12. ed in the original Toll Gate Commercial__c_enter Development Order which are inconsia nt with the above 'i ponditions. Any conditions contained in the original Development Order which are consistent with the above 1 conditions shall remain in force. ! • l,L1. All commitments made by the applicant. within the ADA i and subsequent sufficiency round information, related to 9uestion 21 (Wastewater Management). and Ouestion 23 (Water Supply) . and not in conflict with the above recommendations shall be incorporated_As conditions for Approval. .i. • D. Development Order 84-1, for the Toll Gate Commercial Center is hereby amended by adding a new Section 4.F. entitled "Housing" to .a "'read as follows: -r: • L. HDUSINq ;; The applicant has indicated support for a County linkage fee i ordinance which would require all development. both 3i• Development of Regional Impact (DRI) cualified and non-DRI cualified. to contribute to a program which addresses ° affordable housing concerns. The applicant has agreed to the I Imposition_ of a housing impact fee for that portion of thg protect 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 vet been platted and improved • shall be sublect to the following condition: 1' 11 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 91-21 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 oL • • 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 Imcrovement Program which includes t proportionate share funding mechanism. In the event that. by January 1. 1994_, Collier County has not enacted an affordable housing improvement program with a proportionate share funding mechanism. the twenty cents per square foot fee fee _reauirement shall be terminated. • E. Development Order 84-1 for the Toll Gate Commercial Center is . +� hereby amended by adding a new Section 4.G. entitled "General .0 4 Considerations" to read as follows: 100tf 051 FAGS 711 q:' 11- j ) � Words Underlined are added; Words streek-through are deleted. 1 . d . 1 tI Packet Page -2429- 11/ 9/22/2015 17.B. 1.1 Q„, GENERAL CONSIDERATIONS •nv R I - O. It.- .. l• . • • • . • I • .. - 1 . o I- .•• •s o Aroval (and suelementary docuisent5 that are not in conflict with specific conditions for proiect approval •••• t •i. •O PI Approval. R, The applicant shall submit an annual report on the development of regional impact to Collier Countv. the Southwest Florida Regional Planning Council. the Department of Community Affairs and all affected Dermit Agencies as required in Subsection 380.06f181. Florida statutes. The development phasing schedule nresented within the AD and as adjusted to date of develooment order approval shall be incorporated as a condition of Approval. If development prder conditions and applicant commitments incorporated within the development order. ADA or sufficiency round responses to mitigate regional jmoacts are not carried out as indicated to the extent gr in accord with the timing schedules specified within the development order and this phasing schedule. then this shall be presumed to be a substantial deviation for the affected regional issue. D, If the local government. during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval of the development order have occurred or that the development order was based on substantially inaccurate information provided by the developer. resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist contained in Appendix IV shall be used as a guide bv the local government in determining addition substantial regional impacts. Pursuant to Chapter 380.06J161, the applicant may be subiect to credit for contributions, construction. expansion. or acquisition of Public facilities, if the developer is also subject by local ordinances to impact fees or exactions to meet the same needs. The local government and the developer may enter into a capital contribution front-ens inc agreement to reimburse the developer for voluntary contributions in excess of the fair share. F. Development Order 84-1 for the Toll Gate Commercial Center is hereby amended by ariding A nAw Sc.-ter 4 1-m entitled "IITTn nn^nmant' (_ read as follows; Z, p.u.D. DOCUMENT A, The approved To11 Gate Commercial Center Pill) Document as the same may be officially modified from time to time ry is hereby incorporated and attached hereto as Exhibit I'D", ruz4 $00r 6i.J.L.PAU 71 -12- Words Underline are added; Words struck-through are deleted. Packet Page -2430- ..., - 9/22/2015 17.B. MI M 11P G. Section 4. D of Development Order 84-1, for the Toll Gate Commercial Center is hereby deleted in its entirety as follows: Br Bemmitments--specified-in-the-PUB--Brdinenee-es-set-forth--in Exhibit--A--attached--hereto--end--by-referenee--mede-e--pert thereof-and-es-fellewar /' 4r Detailed--site-drainage-plans-shell-be--submitted-te-the I.,' lister---Management--Advisery---Beard---fer--rev4ewr---He eenstrseten--permits-shall-be--4sssed-unless-and--until approve#-ef-the-prepesed-eenstruetien-4n-eeeerdenee-with the--submitted-pl ens-is-granted-by--the-Water-Management Advisery-Beards Br An--Exenveten-Permit--shah-be--required-4n--eeeerdenee with-eenney-erdinenee-Ner-80-26T-es-amended-by-erd4nanee He7-83-3T-fer-eenstrsction-ef-the-two-retention-lakesr 9r en--site-end--eff--site-gresndwater-eenditiens--shall-be further--investigated-es-they--re1ate-te-hister4e--leeai dra4nege-patterns-and-the-Hendereen-ereek-Besinr 4r The--developer-shell-reeegniee-that-this-area-is-esbeet to--needing-and-will--preeeed-with-eanstrsetien--at-its awn--risk-with-knowledge-that-calker-eeunty-will-net-be he#d--responsible--fer--any--H eeding--preblem-that--may eeesrr Sr Subject--te-PBe7-apprevalr--the-developer-shell--provide • the-fellewingr ar A--seuthbound--left--turn-lene--en-eR-95t--et-8R-84 before-any-eertifieetes-ef-eeeepeney-are-4essedr br A--future--dual--seethbennd-left--turn-feel'lity--en ell-954-et-BR-84-when-deemed-warranted-by-the-eesnty Engineerr er Separate--lanes--far--left-tsrnsr--right-turns--and through-traffie-mevements-en-the-westbound-appreach ef-SR-84-te-eR-951r . . dr The---developer--egrees---te--pay---a--fair---@here eentributien---in--eeeerdenee--with---any--lawfully adopted-regulation-app#4eabie-te-this-prepertyr 6r The--Utility-Bivisienls-stipeiatiens-es-found-in-Exhibit ' .. • er-attaehedr :1,2 4_ H. Section 7 of the Development Order 84-1 for the Toll Gate • :;`' Commercial Center is hereby amended to read as follows: That this Order shall remain in effect for-e--period-of-ten ;; {18}-years-from-the-effeetive-date-ef-this-Bevelopment-erderr Sdntil December 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 . I. completed, if approved. This Order may be extended by the a Board of County Commissioners on the finding of excusable delay in any proposed development activity. Z. A Master Development plan dated January, 1991 is attached hereto as Exhibit "C" and by reference incorporated herein. =.° 72 :1I -13- Unw Q,)lew. I ; l',:. Words Underlined are added; Words struck-through are deleted. k 1 1}; , 3 i• r Packet Page -2431- :. I 9/22/2015 17.B. IMO r rr t , SECTION TWO FINDINGS OF FACT 4 A. That the real property which is the subject of the µ i ?,:_: 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) , II A Florida Statutes. " C. The applicant submitted to the County a Substantial Deviation `{ l'.* • ADA and sufficiency responses known as composite Exhibit B, and by +11 ":r reference made a part hereof, to the extent that they are not % S.° inconsistent with the terms and conditions of this Order. .}{ D. The applicant t pp proposes the development of Toll Gate t ' Commercial Center on 100.24 acres of land for commercial, industrial and residential tourist uses. E. The proposed changes to the previously approved Development a Order are consistent with the report and recommendations of SWFRPC. t i 4. F. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been 4 conducted by the County's departments and the SWFRPC. G. The development is not in an area designated an Area of `Y Critical State Concern pursuant to the provisions of Section 380.06, I 3.,,,,, Florida Statutes, as amended. 1':. SECTION THREE: CONCLUSIONS OF LAW .`,1, A. The proposed changes to the previously approved Development II Order constitute a substantial deviation pursuant to Section ,• ,- 380.06(19) , Florida Statutes. The scope of the development to be 6; 4,, P P I •`, • permitted pursuant to this Development Order Amendment includes • te operations described in the Substantial Deviation ADA, the Substantial , Deviation Sufficiency Report, and the Substantial Deviation Second CI Sufficiency Report which documents by reference are made a part hereof as composite Exhibit B. h B. The ro osed changes to the p p g previously approved Development f Order are consistent with the report and recommendations of the SWFRPC. C. The proposed changes to the previously approved development 1 4 •1 7 will not unreasonably interfere with the achievement of the objectives '', MX w.)1PAGE 73• I ,a.': -14- iv,„, Words pnderline4 are added; Words struek-through are deleted. .A.• Packet Page -2432- 4 ( 9/22/2015 17.B. I 7 .,.,, . NKy 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 ,.r in full force and effect, binding in accordance with its terms on all 1 parties thereto. ( , B. Copies of this Development Order 92-1 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. t' BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner HAvme offered the foregoing f Resolution and moved for its adoption, seconded by Commissioner ?: Goodnight and upon roll call, the vote was: NAYES: Commissioner Hasse, Ccnmissioner Goodnight, Comuissioner Shanahan, Ccamissioner Saunders and Ca a issianer Volpe �j; NAYS: jc ,4- ABSENT AND NOT VOTING: a,. '1' ABST r x1014' n,1 n ■j, ' ;?F .j Done.,this � 1I th day of FPhnuary , 1992. : �',. Al -.7, '.`';; BOARD OF COUNTY COMMISSIONERS °}{�' JatiEB.g. GILES, clerk CO LI -11Co TY, FLORIDA B ,.j, MICHAEL JF V�LPE, CHAIRMAN APPROVED AS TO FORM AND v • ;,,. LEGAL SUFFICIENCY: }ry a' .' a Al — IV; - O-I E M. STUDENT i' „ ;ASSISTANT COUNTY ATTORNEY 'DOA-91-2/nb/7120 IDD O51 PAGE 74 , I -15- Words Underlined are added; Words strnek-threagh are deleted. i 1,1,1 Packet Page -2433- _ ______.___ 9/22/2015 17.B. 1y; Exhibit A LEGAL DESCRIPTION Commencing at the southeast corner of Section 35, Township 49 South, Range 26 East, Collier County. Florida; n ., 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 Rood 84 (Alligator 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-of-way line of State Road 93 (I- 75), and the POINT OF BEGINNING of the parcel herein described; 'i• 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 (1-75) 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; 14) North 86'-37'-01" 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'-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 116.2116 feet, subtended by a chord which bears South 75'-351-07" East 233.67 feet to the north right-of-way line of State Road 814 (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). 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' 01" West, 337.83 feet along the North line of said Section 2 for a POINT OF BEGINNING; thence South 00' 02' 19" • East, 59.98 feet; thence South 89' 57' 41" West. 2,300.70 feet; thence on 74; a course traversing from said Section 35, South 89' 56' 02" West, 2,448.74 feet; thence North 115' 46' 16" West, 71.58 feet; thence North 01' 28' 34" West, 705.25 feet to the Easterly Limited Access R/W Line of ti S.R. 951 (Section 03175-2409); thence South 10' 24' 33" East, 209.94 feet; thence South 39. 52' 42" East, 209.91 feet; thence South 80. 43' 58" East, 709.38 feet; thence North 89. 56' 16" East, 1,5117.43 feet; thence South 99' 45' 01" East, 2,396.67 feet to the Southerly Existing Limited Access R/W Line of S.R. 93 (03175-2409); thence South 00' 02' 19" East, 200.04 feet to the POiIIT OF BEGINNING. Less and except the East 100.00 feet thereof. •1L Containing 30.835 acres, more or less. IOOf 051 rtct 75 The entire project area is 100.235 acres. • +ay � � 4 Packet Page -2434 - 9/22/2015 17.B. . .-• 1 An'.it A r ,k'?.. LEGAL DES( if Commencing at the southeast corner of Sortie... ,, 1'•.•• 'I,. I '..uth, RI... }" 26 East. Collier County, Florida: • I; thence along the east line of said Section 35 H . n 1' .. • "t 200.111 ft... 'i.+ to a point on the north right-of-way line of Stet. R. : el. t:s it'ylator Alley); thence along said north right-of-way line. Nortl •; -.:5'-01" MN at 331.23 feet 'n to a point of Intersection of said north right-of-ow. line of State Road 93 I I- 751. and the POINT OF BEGINNING of the parcel l..,r'in described: thence continue along said right-of-way lute of State Read 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'-4Z"West 209.91 feat; 5) North 1D"-24'-33"West 709.94 feet to a point on the East Limited Access, right-of-way line of State Road 93 ' (I-7S); thence continue along said Limited Access, right-of-way line of State Road 93 11-75) 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'-01" East 778.511 feet; ' 5) South 87'-55'-12" East 318.82 feet; 6) South 711'-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 115.2116 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 (Alligator Alley): and the Point of Beginning of the parcel herein described; being a part of south 112, Section 35, Township 49 South, Range 26 East, Collier County. Florida; sub)ect 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). 0 ALSO INCLUDING THE FOLLOWING . .4,2..rc Description of part of Section 35, Township 119 South. Range 26 East, and part of Section 2, Township 50 South, Range 26 East, • Collier County. Florida••• '! COMMENCE at an iron pipe 'narking the Northeast Corner of said Section '5 C, 2; thence North 89' 45' 01" West. 337.83 feet along the North line of sold Section 2 for • POINT OF BEGINNING; thence South 00' 02' 19" East. 59.98 feet: thence South 19' 57'41"West. 2,300.70 feet: thence on • a course traversing front said Section 35. South 89" 55' 02" West, l,y 2.445.74 feet: thence North 45' 46' 16" West. 71.56 feet; thence worth 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' 33" East, 209.94 feet; thence South 39' 52' 42" East. 209.91 feet; thence South 80' 43' • 58" East, 709.38 feet: thence North 89" 56' 16" East. 1,547.43 feet: thence South Sr 45' DI" Bost. 2.396.67 feet to the Southerly Existing ,, Limited Access 111W Line of S.R. 93 103175-24091: thence South 00. 02' 19" East. 200.00 feet to the POINT OF BEGINNING. Less and except the Eost 100.00 feet thereof. Containing 30.835 acres, more or less. '',, The entire project area is 109.235 acres. • �I t Y soar �� PA6t 76 T , • 1 I I Packet Page -2435- R C / R Q 9/22/2015 17.B. 7/ u \ 11 0 4 E d �� 1 CL H ' . /1 ' \ Z �if'oi aim a g ```�ppt,, Q���O,���' dds o0� Z ' 11111 L 1 IW i . 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MASTER DEVELOPMENT PLAN : \ §W; TOLLGATE ®>! COMMERCIAL CENTER . 2)[ January, 1991 y ®-a |§§ &%(( . .t �\§ 411 . -"w �� /111 Ji1iqi 2 ) ®/,(\ , _ e•r \ E= @ __T m | / \=§' \\ ) S . ) {/ .i - \ & \ \!E p <;;' | i :r:. _ , . . ----\ . - = E > \IA $ � � � � C ' / ') E s _¥ - 2% W \ Paz s» \\ F.7i/ \ / / |/{ Z- y Z / \ E I � • . [ . / \ / ) __ — 9a� BLVD. � ~ / \2/ . : // .AA \ �� / / :, , C E a! ' //1// EXHIBIT "A" ) "- Packet Page -2437- • A A 9/22/2015 17.B. Naive N tyre«' NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE and RESOLUTION Notice is hereby given that on Tuesday,September 22,2015, in the Board of County Commissioners Meeting Room,Third Floor, Collier Government Center,3299 Tamiami Trail East,Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance and Resolution. The meeting will commence at 9:00 A.M.The title of the proposed Ordinance and Resolution are as follows: 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-PL20150000281; companion item to DOA-PL20150000545] • � z A Resolution amending Development Order 84-1, as amended, for the Toll Gate Commercial Center m Development of Regional Impact by providing for:Section `� One,Amendments to Development Order by amending the °n Master Development Plan to convert Lots 16 through 20, -_ comprising 8.931 acres of property from Commercial to c 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 r� South, Range 26 East and Section 2, Township 50 South, a Range 26 East, Collier County, Florida (Petition DOA- P120150000545;companion item to PUDA-PL20150000281) can Q A copy of the proposed Ordinance and Resolution is on file s).) with the Clerk to the Board and is available for inspection. Al( interested parties are invited to attend and be heard. CD NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of 3 the agenda item to be addressed. Individual speakers will be ° limited to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or N.) organization may be allotted 10 minutes to speak on an item. ti, Persons wishing to have written or graphic materials included in Ln the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall N be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and ---- -- evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN DWIGHT.E.BROCK,CLERK By: Martha Vergara, Deputy Clerk (SEAL) September 2,2015 No. 668088 Packet Page -2438-