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Agenda 10/28/2014 Item #17A10/28/2014 17.A. 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 a resolution amending Development Order 84 -1, as amended, for the Toll Gate Commercial Center Development of Regional Impact by providing for: Section One, Amendments to Development Order by extending the expiration date and the buildout date to August 1, 2021; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. The subject property is located at the intersection of Collier Boulevard and Beck Boulevard in Section 35, Township 49 South, Range 26 East, and Section 2, Township 50 South, Range 26 East, Collier County, Florida [Petition DOA- PL20140000561]. OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this DRI amendment petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner seeks an amendment to the Tollgate Commercial Center Development of Regional Impact (DRI) Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to extend the buildout date by nine years to August 1, 2021. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning Staff was not required to review this petition because the proposed action does not affect this project's original consistency determination. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on September 18, 2014, and by a vote of 6 to 0, (Commissioner Rosen was absent) with Commissioner Homiak and seconded by Commissioner Ebert, recommended forwarding this petition to the Board of County Commissioners (BCC) with a recommendation of approval. Packet Page -2033- 10/28/2014 17.A. LEGAL CONSIDERATIONS: Petitioner is requesting an amendment to the development order to extend the expiration and buildout dates. The Southwest Florida Regional Planning Council found the "applicant rebutted the presumption of a substantial deviation with the information provided in the NOPCs ". The State Department of Economic Opportunity did not offer any objection to the proposed amendment. 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 DRI Amendment Consider: Consistency with the Collier County Land Development Code. 2. Consider: Consistency with the goals, objectives, and policies of the GMP. 3. Consider: Impacts on public infrastructure. The BCC 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 it requires a majority vote for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendations of the CCPC and further recommends that the Board of County Commissioners approves the request subject to the attached resolution. Prepared by: Kay Deselem, AICP, Principal Planner, Zoning Department, Growth Management Division Attachments: 1) CCPC Staff Report 2) Neighborhood Information Meeting Synopsis 3) Application Backup Information due to the size of the document it is accessible at: http: / /v,,ww.colliergov. net /ftp /Agenda0et2814 /GrowthMmt /Application for Toll Gate DRI pdf 4) Resolution Packet Page -2034- COLLIER COUNTY Board of County Commissioners Item Number: 17.17.A. 10/28/2014 17.A. 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 a resolution amending Development Order 84 -1, as amended, for the Toll Gate Commercial Center Development of Regional Impact by providing for: Section One, Amendments to Development Order by extending the expiration date and the buildout date to August 1, 2021; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. The subject property is located at the intersection of Collier Boulevard and Beck Boulevard in Section 35, Township 49 South, Range 26 East, and Section 2, Township 50 South, Range 26 East, Collier County, Florida [Petition DOA - PL20140000561]. Meeting Date: 10/28/2014 Prepared By Name: DeselemKay Title: Planner, Principal, Zoning & Land Development Review 9/19/2014 11:40:45 AM Approved By Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 10/2/2014 4:58:48 PM Name: BosiMichael Title: Director - Planning and Zoning, Comprehensive Planning Date: 10/3/2014 3:50:27 PM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 10/6/2014 8:11:13 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Packet Page -2035- Date: 10/13/2014 9:20:28 AM 10/28/2014 W.A. Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 10/15/2014 5:05:46 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/16/2014 8:25:24 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 10/20/2014 10:03:50 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 10/20/2014 11:55 :07 AM Packet Page -2036- 10/28/2014 17.A. AGENDA ITEM 9 -13 Co er County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES — PLANNING & ZONING DEPARTMENT GROWTH MANAGEMENT DIVISION -- PLANNING & REGULATION HEARING DATE: SEPTEMBER 18, 2014 SUBJECT: DOA- PL20140000561: TOLLGATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) APPLICANT & APPLICANT /AGENTS: Owners /Applicants: NRE98 LLC c/o Michael Wick P.O. Box 512 Zephyr Cove, NV 89448 Sky Angel LLC c/o Andres Solis 1300 Goodlette Rd. N Naples, FL 34105 NOTE: Many parcels within the DRI have been sold to others. REQUESTED ACTION: Agent: Frederick E. Hood, AICP Davidson Engineering 4365 Radio Road Naples, FL 34104 The petitioner seeks an amendment to the Tollgate Commercial Center Development of Regional Impact (DRI) Development Order (DO) in accordance with Florida Statutes, Subsection 380.06(19), to extend the buildout date by nine years to August 1, 2021. The subject property is located in the southeast quadrant of the 1 -75 Tollgate Plaza intersection with Collier Blvd, fronting on Beck Boulevard, in Section 35, Township 49, Range 25 and Section 2, Township 50, Range 26, Collier County, Florida (See location map on the following page.) The DRI DO for this project was approved on January 17, 1.984 with the adoption of DRI DO Number 84- 1. Please refer to the applicant's agent's Notice of Proposed Change (NOPC) document, question 47 that provides a listing of the previous actions. The Southwest Florida Regional Planning Council (RPC) staff report (copy attached) also contains background and previous change information. That document DOA= PL20140000561; Tollgate Commercial Center DRI Page 1 of 4 September 18, 2014 CCPC Packet Page -2037 - Revised 8113114 g LOCATION MA ?k t,s�9°aa r�i t Rttr� 0 Cr ^UD MLE tVG a CDNLt•4p f �' i ( •RAID 13 eD' oa PETITION # DOA -PL- 2014 -561 f • I t • I .,N. DDmHe ,i nor wif V.¢ SmOat PAA _ SITE ....... -. ___. « _- LOCATION ROE 8=0w (OLD WAR ROAD DO N,eSr aAR V ARb ZONING MAP n0 N co N 0 v 9 PF,E RIOGe PaAO wHNE eodtvnRD O (C.R. 9551 VVACE 17 IB 15 CdDd CATS ESTATES CdDEN CATE CI,LDEN CAM ESTATES UMT 2A 13 16 ESTATES ml ?s TP 14 601OF11 CAM FSMTES OCIDCN VA. VA. ESTAESTATES VNR >E M R f3 T CD D11 U R 15 UNT 1M CRS.= MW GREEN eOULEVARD APIA � DLw. Pup CRFF/l Bcw. Fvo gg 3 20 21 22 23 24 19 COLC, GATE ESTATES T_P�„TAH1 GOLDEN GATE z (P) CC(W9 CAM 3 d wLXS PiPLAZA PAW WAT 2da1 A91EYR SERV2£ SiAMM m OOLDiN OAS ESTATES uWT 2e R'iDNENADE `Op, Dyte d CITY 29 CFA G' ?TY' qB yes PLAIw 22 29 25 3G '='AT PUCE (y� PAR Mi OENTER (� P--A CdDF71 «� n(L� Fdro AITOATE �- 9BEL ImED IISEw (am) 35 MMST ATE -TS rt JS 33 SNEII 34 RHIIE TAKE PROJECT PAAx rmusTRUEPA1d TA�+R LOCATION 70 () T rD {tNF�ny RAEUO ROAD ICA.Em 3 ° [ASC O1011 AELOATOR ALLEY ISA_Aj) t A iGU. (� SN 1.j, L'` 'S 4'E51Pdt1 CENTER R P iA ES TARES �1 g 4 3 MODA- 'o 4 9 g 10867 GLEN EefA y a NAPLES ASHOESES H2�" u�a �• DMBNIA r R r NAPLES HV.?AE2 RAM" COLT AND COUNM CLUB PR�11' NERT1A1S TAi1RlRtU. CO SAN _ "A�, RE53rvE `d AND D QU9 NARw HACENDA LAMS TOM 9 NAPLES AL it 1 g 10 2 7 RRLER RUN �T (� HHOMES Q 13+VWIA LAW Cd15ERVATVW AREA MBA— SNADOR- WAURFO1D N'OOO MATES (S) Ali NACA• Es Ti MAPLf9 LAKES MEOSTRES m) 1B cDUNTRT cLm 1DEOS aqI 14 T3 MAL WOODS CAL ML* IYMIIIIDRN T'0005 is aAOE tl'1 Huronui (C.R.lSq RA --.C( RCAG YdaLum LOCATION MA ?k t,s�9°aa r�i t Rttr� 0 Cr ^UD MLE tVG a CDNLt•4p f �' i ( •RAID 13 eD' oa PETITION # DOA -PL- 2014 -561 f • I t • I .,N. DDmHe ,i nor wif V.¢ SmOat PAA _ SITE ....... -. ___. « _- LOCATION ROE 8=0w (OLD WAR ROAD DO N,eSr aAR V ARb ZONING MAP n0 N co N 0 v 9 10/28/2014 W.A. indicates that the petitioner is seeking to extend this project's buildout date for over eight years -- from December 29, 2012 to August 1, 2021. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC): The RPC heard and approved this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on August 14, 2014, with staff s recommendations that are shown below: It is Council staff's recommendation that no additional regional impacts will occur from the proposed change that were not previously reviewed by the SWFRPC and as such do not object to the change. Furthermore, the applicant rebutted the presumption of a Substantial Deviation with the information provided in the NOPCs. RECOMMENDED ACTIONS: 1. Notify Collier County, the Florida Department of Economic Opportunity (DEO) and the applicant that SWFRPC staff recommends approval of the change and that Council staff finds that the request is not a substantial deviation and does not create any additional regional impacts not previously reviewed by the SWFRPC. 2. Request that Collier County provide SWFRPC staff with copies of any Development Order amendments related to the proposed changes not contained in the NOPC, as well as any additional information requested of the applicant by DEO or the County. A copy of the complete RPC assessment is included in the application material. DEPARTMENT OF ECONOMIC OPPORTUNITY (EOC): DCA: has not offered any objection to the proposed amendment. COUN'T'Y STAFF ANALYSIS: Development authorizations contained in DRI Development Orders are prerequisites to zoning actions that implement DRI land use authorizations. DRI Development Orders are intended to address regional impacts of a project. As noted in the RPC staff report, the proposed change in buildout date does pass the threshold to be a presumption of a substantial deviation under Sub - chapter 380.06(19)(c), Florida Statutes that states: '`(c) An extension of the date of buildout of a development, or any phase thereof, by more than 7 years is presumed to create a substantial deviation subject to further development-of-regional- impact review. 1. An extension of the date of buildout, or any phase thereof, of more than S years but not more than 7 years is presumed not to create a substantial deviation.... . As noted above, the applicant is seeking to extend the date of buildout by 9 years, thus this petition meets that criterion. However, the Sub- chapter continues saying the following: DOA- PL20140000561; Tollgate Commercial Center DRI Page 2 of 4 September 18, 2014 CCPC Packet Page -2039 - Revised 8/13/14 g 10/28/2014 17.A. These presumptions may be rebutted by clear and convincing evidence at the public hearing held by the local government. An extension of 5 years or less is not a substantial deviation. Staff is of the opinion that it is appropriate to extend the dates for this project given the more recent economic situation. Recent roadway improvements to the Davis Boulevard/Collier Boulevard (SR951) and I -75 interchange area have created additional capacity for Collier Boulevard and Davis Blvd area. In any case, the applicant is not seeking to intensify the development by adding more land, uses or square feet, therefore the roadway impacts have already been addressed. DEO staff did not require the applicant to submit a revised TIS. County staff does not anticipate any increased impacts or increased demands on infrastructure if this amendment is adopted, and further staff believes the proposed amendment is not contrary to any Growth Management Plan provisions. Staff recommends approval of the DRI DO amendment believing this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DO is adopted. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for this petition on August 12, 2014. The following criteria are to be considered for DRI amendments: 1. Consider: Consistency with the Collier County Land Development Code. 2. Consider: Consistency with the goals, objectives, and policies of the GMP. 3. Consider: Impacts on public infrastructure. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition DOA- PL20140000561 to the Board of County Commissioners as described by the amending DRI Development Order resolution. DOA- Pt20140000561; Tollgate Commercial Center DRI Page 3 of 4 September 18, 2014 CCPC Packet Page -2040 - Revised 8/13/14 g PREPARED BY: OT DftSELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF PLANNING AND ZONING REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF PLANNING AND ZONING _,' '' -I I MIKE BOSI, AICP, DIRECTOR DEPARTMENT OF PLANNING AND ZONING LN CASALAN ADIVISION MINISTRATOR GROWTH MANAGE 211allti DATE (Z' (4- DATE F- t3- l'-/ �� k: -)6 -1L( DATE Tentatively scheduled for the October 28, 2014 Board of County Commissioners Meeting Attachment: RPC staff report DOA- Pl-20140000561; Tollgate Commercial Center DR] September 18, 2014 CCPC Revised 8112114 Packet Page -2041- 10/28/2014 17.A. Page 4 of 4 10/28/2014 17.A. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL TOLLGATE COMMERCIAL CENTER DRI 9 07- 7883 -028 NOTICE OF PROPOSED CHANGE BACKGROUND The Tollgate Commercial Center Development of Regional Impact (DRI) is a previously reviewed and approved multi -use project located in Collier County on CR 84 just south of Interstate 75 and east of CR 951(see attached location map). The project as approved in 1992, includes 297,600 square feet of gross leasable floor area of retail uses, 35,000 square feet of office uses, approximately 4 fast food restaurants, 550,000 square feet of light industrial uses, and 405 hotel rooms on 100.24 acres of land. The original Development Order was conditionally approved and subsequently adopted on January 14, 1984, by the Collier County Board of County Commissioners. The original parameters of the project was for development on 69 acres and include 75,200 square feet of commercial, 300,000 square feet of industrial, 200 hotel rooms and 45,000 square feet of office uses. The project Development Order has since been amended four (4) times. This project has been ongoing since it was approved in 1992 and is mostly a built out development. At the present time, the entire infrastructure necessary for the Tollgate Commercial Center project has been completed. Most of the commercial sites on the property have been sold or are under contract for sale. PREVIOUS CHANGES There have been four previous changes to the Tollgate Commercial Center DRI. These changes were as follows: On February 11, 1992, the Collier County Board of County Commissioners adopted Resolution 92 -100. In summary, the applicant requested that the project be modified to include an additional 30.84 acres of surplus Florida Department of Transportation right -of -way and that the conditions relative to transportation, drainage, wastewater /water supply, and housing be substantially amended. The SWFRPC requested that the suggested Development Order be further revised. 2. On April 7, 1992, the Collier County Board of County Commissioners adopted the second amendment to the Development Order. Section 4.c.3., Transportation, was amended to require: (1) concurrency management through annual monitoring, (2) transportation impacts to the roads and intersections be appropriately addressed, and (3) the determination of proportional share of the regional roadway improvements be in accordance with Section 163.220, F.S. the amendment also revised Section 4.F., Housing; striking the termination dates for an affordable housing funding mechanism. Packet Page -2042- 10/28/2014 17.A. 3. On February 11, 1997, the Collier County Board of County Commissioners adopted a third amendment to the Development Order. Resolution 97 -75 amended the Development Order by extending the DRI termination date from December 31, 1997 to December 30, 2002. 4. On December 2, 2003, Resolution 03428 amended the Development Order by extending the DRI buildout date from December 30, 2002 to December 29, 2007. In addition, Section 380.06(19)(c), F.S. automatically extended the buildout date to December 29, 2010. Consistent with these actions and the Florida Senate Bill 1752 (20 10) the project build out date was extended for 24 months to December 29, 2012. PROPOSED CHANGES On June 13, 2014, the SWFRPC staff received a Notice of Proposed Change (NOPC) to the Development Order for the Tollgate Commercial Center DRI. The proposed change is to allow for the subject development to extend the build -out date of the project to August 1, 2021. The development has substantially conformed to the approved construction plans and conditions found in the original development order as amended. However, because of unforeseen circumstances associated with the real estate markets in Collier County, the Tollgate Commercial Center has not completed development of the entire complex in the time period anticipated in the last Development Order and State allowed extensions. Therefore the applicant is requesting an extension of the buildout date. STAFF ANALYSIS Regional staff finds that the proposed changes appear to be subject to the criteria contained in Chapter 380.06: Section 380.06(19)(c)l, Florida Statutes, states the following: c) An extension of the date of buildout of a development, or any phase thereof, by more than 7 years is presumed to create a substantial deviation subject to further development -of- regional- impact review. An extension of the date of buildout, or any phase thereof, of more than 5 years but not more than 7 years is presumed not to create a substantial deviation. The extension of the date of buildout of an areawide development of regional impact by more than 5 years but less than 10 years is presumed not to create a substantial deviation. These presumptions may be rebutted by clear and convincing evidence at the public hearing held by the local government. An extension of 5 years or less is not a substantial deviation. Based on the information provided in the NOPC application, Council staff finds that the request is a substantial deviation because the requested buildout date is for eight (8) years and seven (7) months which is greater than the allowed 7 years; Council staff however finds that the presumption of a substantial deviation has been successfully rebutted because no additional regional impacts affecting regional resources or facilities result from the proposed Packet Page -2043- 10/28/2014 17.A. change. The NOPC application has shown that there is no additional density or intensity being added to the project; the infrastructure for the project has been completed; there are no additional changes to project that substantially impact the regional transportation network; there are no additional affordable housing requirements; and there are no environmental impacts due to the proposed change. Therefore, Council staff believes that the proposed change meet the statute criteria in Section 380.06(19)(c)1, Florida Statutes and because there are no additional regional impacts due to this request, the presumption has been successfully rebutted and the request is not a Substantial Deviation. CHARACTER, MAGNITUDE, LOCATION The proposed change will not affect the character, magnitude or location of the DRI, because no new development is being proposed beyond what is approved in the existing DO. REGIONAL RESOURCES AND FACILITIES IMPACT The proposed change will not create additional impacts on regional resources or facilities since no additional development is proposed on the surrounding regional transportation network. MULTI - JURISDICTIONAL ISSUES The Tollgate Commercial Center DRI is located in Collier County and because of its location the proposed changes to the DRI do not create additional significant regional impacts that were not previously reviewed by the Council, there are no impacts to other jurisdictions in the Region and therefore there are no multi jurisdictional impacts created by the proposed changes. NEED FOR REASSESSMENT OF THE DRI The proposed changes do not require the DRI to be reassessed because no additional regional impacts not previously review and mitigated in the DRI were identified. Council staff finds that the presumption of a substantial deviation has been successfully rebutted by the information provided in the NOPC application. ACCEPTANCE OF PROPOSED D.O. LANGUAGE The NOPC did not included proposed DO language. STAFF CONCLUSIONS The SWFRPC role in coordinating the review process of NOPCs is to determine under the authority of Chapter 380.06(19)(a) F.S. if "any proposed change to a previously approved development creates a reasonable likelihood of additional regional impact, or any type of regional impact created by the change not previously reviewed by the regional planning agency. " 3 Packet Page -2044- 10/28/2014 17.A. It is Council staff s recommendation that no additional regional impacts will occur from the proposed change that were not previously reviewed by the SWFRPC and as such do not object to the change. Furthermore, the applicant rebutted the presumption of a Substantial Deviation with the information provided in the NOPCs. RECOMMENDED ACTIONS: 1. Notify Collier County, the Florida Department of Economic Opportunity (DEO) and the applicant that SWFRPC staff recommends approval of the change and that Council staff finds that the request is not a substantial deviation and does not create any additional regional impacts not previously reviewed by the SWFRPC. 2. Request that Collier County provide SWFRPC staff with copies of any Development Order amendments related to the proposed changes not contained in the NOPC, as well as any additional information requested of the applicant by DEO or the County. 4 Packet Page -2045- 10/28/2014 17.A. DEVELOPMENT ORDER NO. 14- RESOLUTION NO. 14- A RESOLUTION AMENDING DEVELOPMENT ORDER 84 -1, AS AMENDED, FOR THE TOLL GATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY EXTENDING THE EXPIRATION DATE AND THE BUILDOUT DATE TO AUGUST 1, 2021; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD AND BECK BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (PETITION DRI - PL20140000561) WHEREAS, the Board of County Commissioners of Collier County approved Development Order No. 84 -1, which approved a Development of Regional Impact (DRI) known as the Toll Gate Commercial Center DRI on January 17, 1984; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth as Exhibit A; and WHEREAS, the Development Order has been subsequently amended several times, to wit: (i) Resolution No. 92 -100 (Development Order No. 92 -1), February 11, 1992; (ii) Resolution No. 92 -222, (Development Order No. 94 -1) April 7, 1992; (iii) Resolution No. 97 -5 (Development Order No. 97 -2), February 11, 1997; (iv) Resolution No. 03 -428; (Development Order No. 03 -03) December 2, 2003; and WHEREAS, Section 380.06(19)(c), F.S., extended the buildout date from the expiration date of December 29, 2007 to December 29, 2010; and WHEREAS, under Senate Bill 1752 (2010), owner provided the required notice to extend the expiration date and buildout date by two years to December 29, 2012; and WHEREAS, Sky Angel Center, LLC and NRE98, LLC, through their authorized agent, have filed a Development Order Amendment (DOA) Application and Notice of Proposed Change to a Previously Approved DRI (NOPC) to extend the buildout date by over 8 years to August 1, 2021, which NOPC is attached hereto and incorporated herein as Exhibit B; and [14- CPS - 01345/1125028/1] 55 Words stfwk thfeugh are deleted; words underlined are added. Toll Gate Commercial Center DRI /PUD 1 of 4 DRI- PL20140000561 — Rev. 10 115114 Packet Page -2046- 10/28/2014 17.A. WHEREAS, the Collier County Planning Commission reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on September 18, 2014; and WHEREAS, the Board of County Commissioners, as the governing body of the unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06, Florida Statutes, is authorized and empowered to consider proposed changes to the Toll Gate Commercial Center DRI; and WHEREAS, at a public hearing held on October 28, 2014, the Board of County Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes, having considered (a) the DOA Application and the NOPC, (b) the record made at the aforementioned hearing, (c) the record of the documentary and oral evidence presented to the Collier County Planning Commission, (d) the report and recommendation of Collier County planning staff, and (d) the report and recommendation of the Southwest Florida Regional Planning Counsel, the Board of County Commissioners hereby approves the following Toll Gate Commercial Center DRI Development Order amendments. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER That Section 7 of Development Order 84 -1, as amended, for the Toll Gate Commercial Center is hereby further amended to read as follows: That this Order shall remain in effect until the expiration date and buildout date of Deeemb:r 29, 2007 Auizust 1, 2021. Any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order may be completed, if approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. SECTION TWO: FINDINGS OF FACT A. The proposed changes to the previously approved Toll Gate Commercial Center DRI do constitute a substantial deviation as set forth in Section 380.06(19), Florida Statutes, however, it does not create additional regional impacts. B. Pursuant to Section 380.06(19), Florida Statutes, the applicant submitted the NOPC to Collier County, the SWFRPC and the Department of Economic Opportunity. C. The DOA Application and the NOPC are in accordance with Section 380.06(19), Florida Statutes. [14- CPS - 01345/1125028/1] 55 Words sa-det thfough are deleted; words underlined are added. Toll Gate Commercial Center DRUPUD 2 of 4 DRI- PL20140000561 — Rev, 10/15/14 Packet Page -2047- 10/28/2014 17.A. D. The proposed changes to the previously approved Development Order are consistent with the report and recommendation of the SWFRPC. E. The development is not in an area designated an Area of Critical State Concern pursuant to Section 380.05, Florida Statutes. F. No increase in development intensity is authorized by this Resolution. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Toll Gate Commercial Center DRI do constitute a substantial deviation, as set forth in Section 380.06(19), Florida Statutes, but it does not create any additional regional impacts, and therefore does not require further Development of Regional Impact review. B. The proposed changes to the previously approved Toll Gate Commercial Center DRI will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved Toll Gate Commercial Center DRI are consistent with the Collier County Growth Management Plan and the Collier County Land Development Code adopted pursuant thereto. D. The proposed changes to the previously approved Toll Gate Commercial Center DRI are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, AS AMENDED: TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY: AND EFFECTIVE DATE A. Except as amended hereby, Development Order 84 -1, as amended, shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order /Resolution shall be transmitted immediately upon execution to the Department of Economic Opportunity (Division of Community Planning and Development) and the S WFRPC. C. This Development Order /Resolution shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2014. M. [14- CPS - 01345/1125028/1] 55 Words swask thfou g are deleted; words underlined are added. Toll Gate Commercial Center DRI/PUD 3 of 4 DRI- PL20140000561 — Rev. 10/15/14 Packet Page -2048- ATTEST: DWIGHT E. BROCK, CLERK By: By: Deputy Clerk Approved as to form and legality: Heidi Ashton -Cicko Managing Assistant County attorney 10/28/2014 17.A. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Attachments: Exhibit A — Legal Description Exhibit B - Notice of Proposed Change TOM HENNING, Chairman [14- CPS - 01345/1125028/1] 55 Words stfu..v throug n are deleted; words underlined are added. Toll Gate Commercial Center DRUPUD 4 of 4 DRI- PL20140000561 — Rev. 10 /15/14 Packet Page -2049- r I JOHNSON ENGINEERING, INC. 2150 JOHNSON STREET TELEPHONE t0131 334.0046 TELECOPIER 10 131334.366 1 POST OFFICE BOX 1550 FORT MYERS. FLORIDA 33902-1550 CARL "JOHNSON 10T1• IG60 CHAIRMAN ARCHIE T. GRANT. JR. PRESIDENT FORREST H. BANKS JOSEPH W. EENER STEVEN K- MORRISON ANDREW D. TILTON JEFFREY C. COONER DAN W. DICKEY KENTON R. KEILING GEORGE J. KALAL MICHAEL L. HARMON THOMAS L. FENDLEY W. DAVID KEY, JR. W. BRITT POMEROY CARL A. SARRACO GARY R . B U L L KEVIN M. WINTER CONSULTANTS ROBERT S. O-BR EN 10/28/2014 17.A. - CIVIL ENGINEERS AND LAND SURVEYORS January 7, 1991 DESCRIPTION TOLLGATE COMMERCIAL CENTER SECTION 35. T. 49 S.. R. 26 E. AND SECTION 2. T. 50 S., R. 26 E. COLLIER COUNTY, FLORIDA A tract or parcel of land lying in Section 35, Township 49 South, Range 26 East and Section 2, Township 50 South, Range 26 East and Section 2. Township 50 South, Range 26 East, Collier County. Florida which tract or parcel is described as follows: From the southeast corner of said Section 35 run N 89' 45' 01" W along the south line of said Section 35, also being the common township line of said Township 49, and 50 for 437.90 feet to an intersection with the east line of the parcel as described in deed recorded in Official Record Book 1477 at Page 246, Collier County Records and the Point of Beginning. From said Point of Beginning run S 00° 02' 19" E along said east line for 60.48 feet to the southeast corner of said parcel; thence run S 89' 57' 41" W along the south line of said parcel for 2200.70 feet; thence run S 89' 56' 02" W continuing along said south line for 1318.67 feet to an intersection with the east line of a 170 foot Florida and Power & Light Easement, also being the southeast corner of Tollgate Commercial Center Phase Two as recorded in Plat Book 18 at Pages 23 and 24, Collier County Public Records; thence run N 00' 46' 58" E along the east line of Phase Two and said FP&.L easement for 1278.72 feet to an intersection with the limited access right -of -way line of State Road No. 93 (I -75) also being the northeast corner of said Phase Two and also being the northeast corner of Tollgate Commercial Center. Phase One as recorded in Plat Book 16 at Page 1, Collier County Public Records; thence run the following courses and distances along said limited access right -of -way line: S 87' 55' 12" E for 89.90 feet; thence run S 78' 44' 38" E for 318.32 feet; thence run S 74' 09' 17" E for 1199.30 feet; thence run S 73° 00' 33" E for 1904.96 feet to a point of curvature; thence run southeasterly along the arc of said curve to the left of radius 11621.16 feet (delta 01' 09' 07 ") (chord bearing S 73.35' 07" E) (chord 233.67 feet) for 233.65 feet to an intersection with the north right -of -way line of State Road No. 84 (Old Alligator Alley); thence run N 89' 45' 01" W along the north right -of -way line of said State Road No. 84 E)pA- PL20140000561 Rev: ? Tollgate Commercial Ce Date: 6120114 OPosed Change) DRI 3 DUE: 7/14/14 Exhibit A Packet Page -2050- Page -I— of A p 10/28/2014 W.A. JOHNSON ENGINEERING, INC. Section 35, T. 49 S.. R. 26 E. January 7. 1991 Page 2 I MWN /Pd 25023 r i 1 u Packet Page -2051- Mi ael W./Norm-an' I Professional Land Surveyor Florida Certificate No. 4500 Exhibit A Page _,a of —21, departing said limited access right -of -way line for 100.00 feet to an intersection with the easterly line of the parcel as described in deed recorded in Official Record Book 1477 at Page 246, Collier County Records; thence run S 00' 02' 19" E along said east line for ' 200.00 feet to an intersection with said south line of Section 35 and the Point of Beginning. Containing 65.79 acres more or less. SUBJECT TO easements, restrictions and reservations of record. AND ' Being all of Tollgate Commercial Center Phase One. as recorded in Plat Book 16 at Page 1, Collier County Records. ALSO Being all of Tollgate Commercial Center Phase Two, as recorded in Plat Book 18 at Pages 23 and 24, Collier ' County Records. Containing 34.45 acres, more or less. Bearings hereinabove mentioned are based on Florida DOT right -of- way map for State Road No. 93 (I -75) centerline bearing at Station 290 to bear N 73' 00' 33" W. I MWN /Pd 25023 r i 1 u Packet Page -2051- Mi ael W./Norm-an' I Professional Land Surveyor Florida Certificate No. 4500 Exhibit A Page _,a of —21, 10/28/2014 17.A. FORM DEO- BCP- PROPCHANGE -1 Rule 73C- 40.010, FAC. Effective 11 -20 -90 (Renumbered 10 -01 -11) STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY PLANNING & DEVELOPMENT The Caldwell Building, MSC 160 107 East Madison Street Tallahassee, Florida 32399 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, Frederick E. Hood, AICP, the undersigned authorized representative of Sky Angel Center, LLC and NRE98, LLC, (APPLICANT) hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the Tollgate Commercial Center PUD/ DRI (ORIGINAL /CURRENT PROJECT NAME) development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to Collier County, (LOCAL GOVERNMENT) to the Southwest Florida Regional Planning Council, and to the Bureau of Community Planning, Department of Economic Opportunity. June 13 2014 Date Signature 1 DOA- PL20140000561 Rev: 1 Awk Tollgate Commercial Center DRI (Notice of Proposed Change) Exhibit B Date: 6/20/14 P.. t d DUE: 7/14114 Packet Page -2052- 10/28/2014 17.A. 2. Applicant (name, address, phone). NRE98, LLC, clo Mr. Michael Wick P.O. Box 512 Zephyr Cove, NV 89448 Phone: 310.306.4400 Fax. 310.388.0888 Email. michaelwick @caidanjames.com and Sky Angel Center, LLC 1300 Goodlette Road N Naples, FL 34102 clo Mr. Andrew Solis PH: 239.390.1900 FX: 239.390.1901 Email: asolis @cohenlaw.com 3. Authorized Agent (name, address, phone). Frederick E. Hood, AICP Davidson Engineering 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239.434.6060 Fax. 239.434.6084 Email. fred @davidsonengineering.com 4. Location (City, County, Township /Range /Section) of approved DRI and proposed change. Naples, Collier County, Section 35/Township 49 /Range 26 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. It is the Applicant's intent to extend the build -out date for the DRI to August 1, 2021. No other changes to the DRI are proposed. 2 Exhibit B n..__ n Packet Page - 2053 -f 10/28/2014 17.A. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. No changes to the previously approved development program are being contemplated with this submittal. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Please see the attached Composite Exhibit 1. INTENTIONALLY OMITTED • Ordinance 84 -06 PUD Approval for 69.4 acres • DRI Development Order 84 -1 approving ADA for 69.4 acre DRI • Ordinance 90 -54 PUD Approval for 78.57 acres • Ordinance 90 -92 Adding Environmental conditions • Ordinance 92 -10 PUD Approval for 100.23 acres • Resolution 92 -100 Amending DRI Development Order 84 -1 • Resolution 92 -222 Amending DRI Development Order 84 -1 • Ordinance 93 -91 Amending PUD Conditions • Resolution 97 -74 Substantial Deviation Amending DRI Development Order 84 -1 • Resolution 97 -75 Amending DRI Development Order 84 -1 extending build -out to 12/30/02 • Resolution 03428 Amending DRI Development Order 84 -1 extending build -out to 12/29/07 • EX- 2010 -AR -14663 Extending DRI build -out to 111112 (Under Florida State Senate Bill 1752) 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non - project land uses within % mile on a project master site plan or other map. This description is not applicable. The original developer, who would have purchased or optioned property within a Y. mile, is no longer involved in the DRI. The co- applicants on this request are two of the remaining vacant land owners within the DRi. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. 3 Exhibit B Page of Packet Page -2054- 10/28/2014 17.A. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES X NO As previously noted, the proposed request is limited to extending the build -out date on the DRI to August 1, 2021. No other changes are being proposed at this time. 10. Does the proposed change result in a change to the build -out date or any phasing date of the project? If so, indicate the proposed new build -out or phasing dates. Yes. The build -out date will be extended to August 1, 2021. No phasing is contemplated on the remaining undeveloped parcels. 11. Will the proposed change require an amendment to the local government comprehensive plan? Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 73- 40.025, Florida Administrative Code: No. The proposed build -out date extension will not require an amendment to the Collier County Growth Management Plan. 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. N /A. No changes to the Master Site Plan, as currently approved, are being proposed. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build -out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; The proposed build -out date requested is to be amended to August 1, 2021. b. An updated legal description of the property, if any project acreage is /has been added or deleted to the previously approved plan of development; The current legal description and boundary of the DRI has not changed since the last approved extension request. Please find attached, to this submittal, a copy of the 4 Exhibit B Pgae L of Packet Page -2055- 10/28/2014 17.A. legal description and sketch. C. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; Development on a substantial portion of the DRI has been completed. The build -out extension shall apply to the currently undeveloped property. d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; The proposed build -out date requested is to be amended to August 1, 2021. This date is based upon historic development trends of the DRI should allow ample time to accomplish build -out. Additionally, the revised build -out date is being proposed in recognition of the substantial downturn in the real estate market that has over the past seven years. e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down - zoning, unit density reduction, or intensity reduction, if applicable; and Acknowledged. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 73C- 40.025 (7), F.A.C. This is not applicable. Exhibit B Page _,rL_ of Packet Page -2056- 10/28/22014 W.A. DOA- PL20140000561 Rev: 1 Tollgate Commercial Center DRI (Notice of Proposed Change) Exhibit B Packet Page - 2057 - ;/20/14 bum. r/14/14 page, of - 3 IW N MASTER DEVELOPMENT PLAN Ny i $ImV TOLLGATE1 COMMERCIAL CENTER January 1991 �t Kim ggM -9 ga�bt N.NW< C.S-� R Ix � q� G. B � a: c= jr c �P*LL, [1ct1T� Q_ Je TUEJZA7r BLVD. M0.V L ]� r 4.i1. 3�1 ^, EXHIBIT "A" DOA- PL20140000561 Rev: 1 Tollgate Commercial Center DRI (Notice of Proposed Change) Exhibit B Packet Page - 2057 - ;/20/14 bum. r/14/14 page, of - 3 /111" ¢O OJv OP rn rr rr w J 0 CD W J J U DOA- PL20140000561 Rev: 1 Tollgate Commercial Center DRI (Notice of Proposed Change) Date: 6/20114 DUE: 7/14/14 SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS (2014) 1 -75 10/28/2014 17.A. N o �s !• MILE LEGEND BOUNDARY MAJOR ROADWAYS 365 R ENGINEERING, INC. TOLLGATE COMMERCIAL CENTER DRI 4365 RADIO ROAD, SUITE 201 ©AVIDS NAPLES, FL 34104 i, NE c P C3N PHONE: 239 -434 -6060 Packet Page -2058- LOCATION MAP I I II I 10/28/2014 17.A. JOHNSON ENGINEERING, INC. CIVIL ENGINEERS AND LAND SURVEYORS 2158 STREET TELE ►NONE (60131 334.006 January 7, 1991 TELECOrIER I6 131334-3661 POST OFFICE !OA 1530 FORT MYERS. FLORIDA DESCRIPTION 3390:•1360 TOLLGATE COMMERCIAL CENTER SECTION 35. T. 49 s., R. 26 E. CARL E. JON N SON AND 1011- 1968 SECTION 2, T. 50 S.. R. 26 E. COLLIER COUNTY, FLORIDA CHAIRMAN ARCHIE T. GRANT. JR. PRESIDENT FORREST H. BANKS JOSEPH W. EBNER STEVEN K. MORRISON 'ANDREW D. TILTON JEFFREY C. COONER DAN W. DICKEY KENTON R. KEILING GEORGE J. KALAL MICHAEL L. HARMON THOMAS L. FENDLEY W. DAVID KEY. JR. W. BRITT POMEROY CARL A. BARRACO ,GARY R. BULL KEVIN M. WINTER CONSULTANTS LESTER L. BULSON ROBERT S. O'BRIEN A tract or parcel of land lying in Section 35, Township 49 South. Range 26 East and Section 2. Township 50 South, Range 26 East and Section 2. Township 50 South, Range 26 East, Collier County. Florida which tract or parcel is described as follows: From the southeast corner of said Section 35 ran N 89' 45' 01" W along the south line of said Section 35, also being the common township line of said Township 49, and 50 for 437.90 feet to an intersection with the east line of the parcel as described in deed recorded in Official Record Book 1477 at Page 246, Collier County Records and the Point of Beginning. From said Point of Beginning run S 00' 02' 19" E along said east line for 60.48 feet to the southeast corner of said parcel; thence run S 89' 57' 41" W along the south line of said parcel for 2200,70 feet; thence run S 89' 56' 02" W continuing along said south line for 1318.67 feet to an intersection with the east line of a 170 foot Florida and Power & Light Easement, also being the southeast corner of Tollgate Commercial Center Phase Two as recorded in Plat Book 18 at Pages 23 and 24, Collier County Public Records; thence run N 00' 46' 58" E along the east line of Phase Two and said FP&L easement for 1278.72 feet to an intersection with the limited access right -of -way line of State Road No. 93 (1-75) also being the northeast corner of said Phase Two and also being the northeast corner of Tollgate Commercial Center. Phase One as recorded in Plat Book 16 at Page 1, Collier County Public Records; thence run the following courses and distances along said limited access right -of -way line: S 87' 55' 12" E for 89.90 feet; thence run S 78' 44' 38" E for 318.32 feet; thence run S 74' 09' 17" E for 1199.30 feet; thence run S 73' 00' 33" E for 1904.96 feet to a point of curvature; thence run southeasterly along the arc of said curve to the left of radius 11621.16 feet (delta 01' 09' 07 ") (chord bearing S 73°.35' 07" E) (chord 233.67 feet) for 233.65 feet to an intersection with the north right -of -way line of State Road No. 84 (Old Alligator Alley); thence run N 89' 45' 01" W along the north right -of -way line of said State Road No. 84 Exhibit B DOA- PL20140000561 Rev: 1 Page,$ oiq Tollgate Commerciaf Center DRI (Not* of Proposed Change) C1ate: 6120114 DUE: 7114114 Packet Page -2059- 10/28/2014 17.A. JOHNSON ENGINEERING, INC. Section 35, T. 49 S.. R. 26 E. January 7, 1991 -Page 2 t Ki hael W_./Norman' ' Professional Land Surveyor Florida Certificate No. 4500 MM/pd 25023 t 1 U Packet Page -2060- Exhibit B Page. L of departing said limited access right -of -way line for ' 100.00 feet to an intersection with the easterly line of the parcel as described in deed recorded in Official Record Book 1477 at Page 246. Collier County Records; thence run S 00' 02' 19" E along said east line for ' 200.00 feet to an intersection with said south line of Section 35 and the Point of Beginning. Containing 65.79 acres more or less. ' SUBJECT TO easements, restrictions and reservations of record. AND ' Being all of Tollgate Commercial Center Phase One. as recorded in Plat Book 16 at Page 1, Collier County Records. ALSO ' Being all of Tollgate Commercial Center Phase Two, as recorded in Plat Book 18 at Pages 23 and 24, Collier ' County Records. Containing 34.45 acres, more or less. Bearings hereinabove mentioned are based on Florida DOT right -of- way map for State Road No. 93 (I -75) centerline bearing at Station 290 to bear N 73' 00' 33" W. Ki hael W_./Norman' ' Professional Land Surveyor Florida Certificate No. 4500 MM/pd 25023 t 1 U Packet Page -2060- Exhibit B Page. L of N A P L E S D A I LY N E W S cc Wednesday, October 8, 2014 « 23D NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION Notice is hereby given that on Tuesday, October 28th, 2014, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: The purpose of the hearing is to consider: A Resolution amending Development Order 84 -1, as amended, for the Toll Gate Commercial Center Development of Regional Impact by providing for: Section One, Amendments to Development Order y extending the expiration date and the buildout date to August 1, 2021; Section Two, Findings of Fact: Section Three, Conclusions of Law, and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. The subject property is located at the intersection of Collier Boulevard and Beck Boulevard in Section 35, Township 49 South, Range 26 East, and Section 2, Township SO South, Range 26 East, Collier County, Florida [Petition DOA- PL20140000561) A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in thi <, proceeding, you are entitled, at no cost to you, to the provision or certain assistance. Please contact the Collier County Facilities Management. Department, located at 3335 Tamiami Trail East, Suite #1101, Naples, FL 31112 -5356, 1239) 252 -6360, at least two days prior to the meeting. Assisted listening devices far the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon Deputy Clerk (SEAL) OctohPr6.2014 No 2016900 Packet Page -2061- 10/28/2014 17.A.