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O C c 0 o = 0 0 � cm m o m -n n D m01 7• O r up O O z �v D \ 13 M , z 0 5 z s. -n 7 m 73730 (') O 0W —rnZjo � ~ U N -iO .> 073 N Ii ITl zzZ -0 -z-I0 > * z p y -G c i/t �S ' co cn _i - 71 yr ° ziv) y I CO o W D m D �\ 73 T- 0 '� co D m m m -G � Z cz Cn Ocn I M cn r m rn O D Z Lm oz r �F PD -+ W rV � m m7) In -=-1 0 m cn t7 rm G D O A o � r --IG) _ � M 6 Agenda Item# grq- °` q Meeting Date: 3)27 I/8 Presented by: DEVELOPMENT ORDER NO. 2018- RESOLUTION NO. 2018- A RESOLUTION AMENDING DEVELOPMENT ORDER 88-02, AS AMENDED, THE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE: AMENDMENTS RESTORING LANGUAGE FROM THE ORIGINAL DEVELOPMENT ORDER 88-02 AND PROVIDE TRAFFIC CONVERSIONS, WITHOUT INCREASING THE OVERALL BUILDOUT TRAFFIC; AMENDMENT TO REGULATIONS PERTAINING TO VEGETATION AND WILDLIFE/WETLANDS TO REMOVE THE 2.47 ACRE WETLAND "PRESERVE" REQUIREMENT; AMENDMENT TO REMOVE PHASING SCHEDULE AND OBSOLETE DEVELOPMENT RESTRICTIONS; AMENDMENT TO THE MASTER DEVELOPMENT PLAN; EXTENSION OF TERMINATION DATE; AND AMENDMENT TO ALLOW FOR BIENNIAL REPORTING; SECTION TWO: FINDINGS OF FACT INCLUDING REVISED LEGAL DESCRIPTION AND CORRECTION OF ACREAGE; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND PROVIDING AN EFFECTIVE DATE.THE SUBJECT PROPERTY CONSISTING OF 291.55 ACRES IS LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF I-75 AND COLLIER BOULEVARD(CR 951)IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY,FLORIDA. [PL20170002634] WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 88-02 (the "Development Order") on December 13, 1988, which approved a Development of Regional Impact (DRI) known as Citygate Commerce Park Development Order;and WHEREAS, as a result of an appeal, a Settlement Agreement between Collier County and the Department of Community Affairs resulted in Development Order 90-4, Resolution No. 90-431 dated August 28, 1990 ("1990 DOA"),which amended Section One: Conclusion of Law, Section 4,Vegetation and Wildlife/Wetlands, including paragraphs c and d (which were entitled "Off-Site Mitigation" and "Red Cockaded Woodpecker Management Plan", respectively) of the Development Order;and 117-CPS-01718/1393997/1] 178 Underlined text is added;StFasIE-thfeugh text is deleted. Citygate DRUPL20170002634 3/14/18 Page 1 of 8 WHEREAS,the phasing schedule and termination dates were changed by Development Order 95- 2, Resolution No. 95-143 and Development Order 2000-2,Resolution No. 151;and WHEREAS, on November 9, 2010, the Board of County Commissioners approved an amendment to Development Order 88-02,as amended to revise the provisions relating to the Red-Cockaded Woodpecker mitigation;and WHEREAS, 850 NWN,LLC,a Florida limited liability company,and CG II,LLC,a Florida limited liability company, Citygate Development LLC, a Florida limited liability company,and South Florida Water Management District,own the DRI property east of the Florida Power&Light Easement;and WHEREAS, Roger B. Rice, of Roger B. Rice, P.A. and Frederick E. Hood, AICP of Davidson Engineering, Inc., representing 850 NWN LLC, CG II, LLC, and Citygate Development LLC, petitioned the Board of County Commissioners of Collier County,Florida,to amend the Development Order; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on March 1, 2018; and WHEREAS, on , the Board of County Commissioners, having considered application of proposed changes to the Development Order, and the record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission; and report and recommendation of the Collier County Planning Commission; the report and recommendation of the Collier County Planning Staff and Advisory Boards,the Board of County Commissioners of Collier County hereby approves the following Citygate Commerce Park Development Order amendments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER 88-02,AS AMENDED A. "Findings of Fact," Paragraph 4 of Development Order 88-02, as amended, is hereby amended to read as follows: **** 4. The applicant proposes the development of Citygatc City Gate Commerce Park Planned Unit Development for 287.187 291.55 acres . . . - -• _ . . . . - - - ! : : ! which includes: 90,000 square feet of commercial, 836,000 square feet of office, 1,920,000 square feet of Industrial, gas [17-CPS-01718/1393997/1] 178 Underlined text is added; Struck eta text is deleted. Citygate DRUPL20170002634 3/14/18 Page 2 of 8 stations, 250 hotel/motel rooms and 80,000 square feet of public, utilitarian, recreational and educational space. **** B. Conclusions of Law, Section 3 of Development Order 88-02, as amended, "TRANSPORTATION", is hereby amended as follows: **** h. The City Gate Commerce Park allows a maximum development intensity, which is the aggregate building development of: 90,000 square feet of commercial, 836,000 square feet of office, 1,920,000 square feet of industrial, gas stations, 250 hotel/motel rooms, and 80,000 square feet of public, utilitarian, recreational, and educational space. There are no building restrictions to each particular listed land use, but the aggregate amount of building development may not be exceeded. The final mix of uses developed may not generate more trips than generated by the A.D.A. Table 12.B.3.mix. C`Approved Trips"). The developable building square footage of land uses (industrial and office) will include a Sports Complex and/or additional hotel units, subject to the maximum Approved Trips. C. Conclusions of Law, Section 4 of Development Order 88-2, as amended, "Vegetation and Wildlife/Wetlands", is hereby to read as follows: 4. VEGETATION AND WILDLIFE/WETLANDS: a. Golden Polypody Ferns and Butterfly Orchids shall be relocated to appropriate protected areas on-site. shall-bee e b. The Red Cockaded Woodpecker Management Plan shall be the Red Cockaded Woodpecker Management Plan provisions in the City Gate Habitat Conservation Plan for the Red-Cockaded Woodpecker and Florida Panther (City Gate HCP), document #2005050-10.1 dated March 15, 2006 as revised through May 2008 and approved on March 30, 2009 by the U.S. Fish & Wildlife Service and the Mitigation for Red Cockaded Woodpecker shall be the mitigation provisions in the Federal Fish & Wildlife Permit TE145823-0, issued July 1, 2009 (City Gate Federal Permit), pursuant to Section 10 of the United States Endangered Species Act of 1973, as amended (7 U.S.0 § 136, 16 U.S.C. § 1531 et seq.). 1. A Copy of this RCW Management Plan shall be filed with the original of this Resolution in the Records of the Clerk to the Board of County Commissioners. 2. Copies of all Monitoring Reports and correspondence with the U.S. Fish and Wildlife Service, regarding the City Gate HCP and City Gate Federal Permit, shall [17-CPS-01718/1393997/1] 178 Underlined text is added; Struck through text is deleted. Citygate DRUPL20170002634 3/14/18 Page 3 of 8 • be provided to Collier County and the Southwest Florida Regional Planning Council (SWFRPC) as part of the Annual Monitoring Report for the City Gate Commerce Park DRI. 3. The City Gate project shall be deemed to be in compliance with the RCW Management Plan if the City Gate project is in compliance with the requirements of the U.S. Fish & Wildlife Service under the City Gate HCP and the City Gate Federal Permit. No violation of the RCW Management Plan under this Resolution may be charged unless the U.S. Fish and Wildlife Service shall have initiated an action to suspend or revoke the City Gate Federal Permit for failure to comply with the RCW Management provisions thereof. D. Conclusions of Law, Section 9 of Development Order 88-02, as amended (2000-02), "General Considerations", is hereby amended by deleting subparagraph c. in its entirety. 9. GENERAL CONSIDERATIONS: **** c. _. . . • . . . - . • . ' - . . . . .. . . ..•. . . October 27, 2002, Phase II October 27, 2005, Phase III October 27, 2007, Phase IV October 27, 2010, Phase V October 27, 2012, shall be incorporated as a condition of The Citygate project contains 209 acres of building sites. exclusive of streets, lakes, - •-. . . • . • • • • : . . . -- - .. .-- .., _- -• - °. - Project site acres, which is 31.35 site acres. The 31.35 acre maximum development area shall be located west of the FPL easement. except for the area east of the FPL Cockaded Woodpecker nesting or foraging area has been established. Water of the FPL easement. as provided for in SECTION ONE: Paragraph 4.c. of **** E. Conclusions of Law, Section 10 of Development Order 88-02, "PUD DOCUMENT", is hereby amended as follows: 10. PUD DOCUMENT: [17-CPS-01718/1393997/1] 178 Underlined text is added;S IE-dough text is deleted. Citygate DRUPL20170002634 3/14/18 Page 4 of 8 The approved Citygate PUD document and Master Development Plan, as those documents may be officially modified from time to time, are hereby incorporated in and made a part of this Development Order and are entitled Exhibit "A", attached hereto. The updated Master Development Plan, attached hereto as Exhibit "A", is hereby incorporated in and made part of the Development Order. **** F. Paragraph 3 of an untitled Section (Page 12) of Development Order 88-02, as amended (2000-02), for the Citygate Commerce Park is hereby amended to read as follows: **** 3. This Development Order shall remain in effect for the duration of the project. .. . . . . . - . . - - " .- . . .. . • -. . -' . •. - - . -. -• - - • • . This Development Order shall terminate on October 2- 26, 2014 2030. **** G. Paragraph 5 of an untitled Section (Page 12) of Development Order 88-02, as amended (2000-02), for the Citygate Commerce Park is hereby amended to read as follows: **** 5. The applicant or its successor(s) in title to the subject property shall submit a report annually biennially, commencing one year from the effective date of this development order amendment, to the Board of County Commissioners of Collier county; and the Southwest Florida Regional Planning council, Vis. This report shall contain the information required in Section 9J-2.025(6), Florida Administrative Code. Failure to submit the annual biennial report shall be governed by Subsection 380.06 (18), Florida Statutes. **** SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment, consists of [17-CPS-01718/1393997/I] 178 Underlined text is added; k-through text is deleted. Citygate DRUPL20170002634 3/14/18 Page 5 of 8 291.60 acres is legally described as set forth in Exhibit B, attached hereto and by reference made a part hereof This legal description has been corrected and revised to reflect actual acreage. B. The application is in accordance with Section 380.06(19)(e)1., Florida Statutes. The applicant submitted a Notice of Proposed Change, attached hereto as Exhibit C and by reference made a part hereof, to the Regional Planning Council, the State Land Planning Agency and Collier County. This Section also provides "A Notice of Proposed Change ... that involves an extension of the buildout date of development, or any phase thereof, of less than five years is not subject to the public hearing requirements of f(3) and is not subject to a determination pursuant to subparagraph f(5)." C. A review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments. D. The development is not in an area designated an Area of Critical State concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. E. A summary of the expiration dates is as follows: Expiration Original Date—DO 88-2 DO 90-4 12/31/2007 DO 95-2 12/28/2012 DO 2000-2 10/27/2014 2007 Extension—3 years 10/27/2017 380.06(19)(c), F.S. 2009 Extension—2 years 10/27/2019 Senate Bill 360 2010 Extension—2 years 10/27/2021 Ch 2010-147, Laws of Florida 2011 Extension—4 years 10/27/2025 380.06(19)(c), F.S. Proposed 4 years 364 days 10/26/2030 [17-CPS-01718/1393997/11 178 Underlined text is added; Struck-through text is deleted. Citygate DRI/PL20170002634 3/14/18 Page 6 of 8 SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not require further development of regional impact review. B. The proposed changes to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. E. The proposed changes do not constitute a substantial deviation pursuant to Section 380.06(19)(e)1. and Section 380.06(19)(e)2.m., Florida Statutes, and therefore it is not subject to the public hearing requirements of 380.06(19)(f)3. and it is not subject to a determination pursuant to Section 380.06(19)(f)5. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as amended hereby, Development Order 88-02, as previously amended, shall remain in full force and effect, binding in accordance with the terms on all parties thereto. B. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Economic Opportunity, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. [17-CPS-01718/1393997/1] 178 Underlined text is added;Stmsk-th text is deleted. Citygate DR1/PL20170002634 3/14/18 Page 7 of 8 This Resolution adopted after motion, second and favorable vote. Done this day of , 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: , Deputy Clerk ANDY SOLIS, Chairman Approved as to form and legality: .N4 co, tw1 C Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Updated Master Development Plan Exhibit B—Legal Description Exhibit C —Notice of Proposed Change [17-CPS-01718/1393997/1] 178 Underlined text is added;Strttsleugh text is deleted. Citygate DRI/PL20170002634 3/14/18 Page8of8 1 1 94 I g ?. -_. _ - - COLLIER BOULEVARD .-. - _ ._ ._.. w OLLI R 95t m z ,y - CR 951 C - .... ) �� yy _ = g1F.y C ER A Pf W EVAR -1..,.... - r..� r i '01 1i 1 �. f :it. +AMITELAKE+i«ARD .,tri- / ..r..+ N 4 pOp-Z /'/r ' • 1 _ Sin oc ,/,.'./ li DZ /; / ,i // i.' 1 ' x�� // /• 1 , //,/� G 4 /%%%„,, , % S /r / '/ % ,,„, AN /; ; A I • % / __2,_---;---____ ; • O ! A Zp gRENNAN DRIVT �'T--- I / +.-.. 1 t I / { i / Z i ..J 1 .... . I 2 O I I 2 U J u' m I ' D D > ; g I0 71 o m M _ t m o1\ 0 C)O=i O m { x i 'II {-_--_ z C O 1 �i. I .1 --- Z ,- f I z ?o m , ; = , € Z- ^ o J > , 1 m a I II 'Q -� 1 — ani Z D ; ii ' � Z I 'm m 1 L-_____-_-__-_.1 •m; 1 m i i I V-- 1 s II . Zo of i I • m $pm I m I A m ; + m'y Z N S r, I - y 1 O [ m yy m m F yy Jsn o z,l $$b I�5.1 a «__«..r..., •\/ mN@, O N A X 9`� A N < .IIZ 9 ? - a �A . I Z>4p g 'fl o &' ot88$1 ' "' D AZE 248 fp ro A °g 2f> "Ag* Exhibit A f g tiff . �I I �� 8 8 ! I ' I ` , .j1 �� 1 CITY GATE COMMERCE PARK MPUD LO MANE I(` ,_. - -- DEVEL II,LLC ILC. nww I- € it GO n,uca I I.. _ � Ig'E.124? I V 1 PAViIR F N '' .. 159 S0UlH AWN STREET I, .I41386 Ram Wald .1 = I PAVi RNs6 a+�k nttF SLATE S90 I w xc rm !.4,44.4' nst T�4S !�}+'^ f ”' 1 MASTER DEVELOPMENT PLAN L .•R ^ "- m-__-_--- .x„„,,, DE Exhibit B DAVIDSON ATTACHMENT "B" LEGAL DESCRIPTION A PORTION OF SECTION 35,TOWNSHIP 49 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA;THENCE NORTH 89°00'01" EAST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SAID SECTION 35, A DISTANCE OF 306.27 FEET TO A POINT ALONG SAID SOUTH LINE OF THE NORTH 1/2 OF SECTION 35,AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE NORTH 43°47'54"WEST,A DISTANCE OF 94.86 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 336.0 FEET, DELTA OF 41°01'26", AND A CHORD BEARING AND DISTANCE OF NORTH 23°14'57" WEST, 235.47 FEET, RESPECTIVELY; THENCE NORTHWESTERLY ALONG SAID CURVE, AN ARC DISTANCE OF 240.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 02°46'25" WEST, A DISTANCE OF 750.60 FEET; THENCE NORTH 04°21'08" WEST, A DISTANCE OF 294.22 FEET TO AN INTERSECTION WITH PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR STATE ROAD NO. 93 (I-75) SHEET 8 OF 10; THENCE NORTH 89°3101 EAST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID PROPOSED ACCESS ROAD AND THE NORTH BOUNDARY OF THE SOUTHERN PORTION OF CITY GATE COMMERCE CENTER, PHASE ONE,A DISTANCE OF 454.07 FEET TO AN INTERSECTION WITH THE WEST LINE OF COLLIER COUNTY WATER TREATMENT PLANT AS RECORDED IN OR 1022, PG 1257;THENCE SOUTH 00°47'14"WEST ALONG SAID WEST LINE OF TREATMENT PLANT AND THE EAST BOUNDARY OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 653.80 FEET;THENCE NORTH 89°04'40" EAST ALONG THE SOUTH LINE OF SAID TREATMENT PLANT AND THE NORTH BOUNDARY OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 690.82 FEET TO AN INTERSECTION WITH THE WEST LINE OF A 170.00 FEET WIDE FLORIDA POWER & LIGHT COMPANY EASEMENT, AS RECORDED IN OR 681, PG 1210; THENCE NORTH 00°47'14" EAST ALONG THE WEST LINE OF SAID EASEMENT AND THE EAST LINE OF SAID TREATMENT PLANT, A DISTANCE OF 332.74 FEET TO A POINT ALONG THE EAST LINE OF SAID WATER TREATMENT PLANT AND THE WEST LINE OF SAID EASEMENT; THENCE CONTINUE NORTH 00°47'14" EAST ALONG SAID WEST LINE AND SAID EAST LINE, A DISTANCE OF 1,066.70 FEET; THENCE NORTH 58°30'03" WEST ALONG THE NORTHERLY LINE OF SAID TREATMENT PLANT AND THE SOUTHERLY LINE OF SAID EASEMENT, A DISTANCE OF 596.93 FEET TO THE SOUTHEAST CORNER OF PARCEL"A" PROPOSED CONVEYANCE TO CITY GATE AS RECORDED IN OR 3695, PG 2872;THENCE SOUTH 61°10'06" WEST ALONG THE SOUTH LINE OF SAID PARCEL"A" AND THE NORTH LINE OF SAID TREATMENT PLANT, A DISTANCE OF 203.97 FEET; THENCE SOUTH 00°47'14" WEST ALONG THE EAST BOUNDARY OF SAID CITY GATE, PHASE ONE AND THE WEST LINE OF SAID TREATMENT PLANT, A DISTANCE OF 870.28 TO AN INTERSECTION WITH SAID PROPOSED ACCESS ROAD; THENCE SOUTH 89°31I 01 WEST ALONG THE NORTH RIGHT OF WAY LINE OF SAID PROPOSED ACCESS ROAD AND THE SOUTH BOUNDARY OF THE NORTHERN PORTION OF SAID CITY GATE, PHASE ONE,A DISTANCE OF 456.52 FEET TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF STATE ROAD 951; THENCE NORTH 00°29'22"WEST ALONG SAID EAST RIGHT OF WAY LINE OF STATE ROAD 951 AND THE WEST LINE OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 1260.46 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID SECTION 35; THENCE NORTH 89°13'02" EAST ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 5,182.54 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35;•THENCE SOUTH 00°30'14" EAST ALONG THE EAST LINE OF SAID SECTION 35, A DISTANCE OF 2,669.36 TO THE MIDPOINT OF THE EAST LINE OF SECTION 35; THENCE SOUTH 86°27'31" WEST, A DISTANCE OF 66.98 FEET TO THE City Gate Commerce Park PUPA—PL20170002330 Attachment 8— Legal Description January 22, 2018 www.davidsonengineering.com 0 DC DAVIDSON NORTHEAST CORNER OF LOT 18,WHITE LAKE CORPORATE PARK,PHASE THREE;THENCE SOUTH 89°00'01" WEST ALONG THE SOUTH LINE OF THE NORTH 1/2 OF SECTION 35,A DISTANCE OF 4,910.20 FEET TO THE POINT OF BEGINNING. PROPERTY CONTAINS 12,699,815 SQUARE FEET OR 291.55 ACRES, MORE OR LESS. City Gate Commerce Park PUDA—PL20170002330 Attachment B— Legal Description January 22,2018 www.davidsonengineering.com ( ,a 1 Exhibit C 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 owner/authorized representative of CG II, LLC and 850 NWN, LLC, 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 City Gate Commerce Park 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, to the Southwest Florida Regional Planning Council, and to the Bureau of Community Planning, Department of Economic Opportunity. 8.30.2017 Date Signature 1 Page J of____ 2. Applicant (name, address, phone). CG II, LLC, 850 NWN, LLC and Citygate Development, LLC 121 S Main Street, Suite 500 Akron, OH 44308 3. Authorized Agent (name, address, phone). Davidson Engineering, Inc. Frederick E. Hood,AICP Senior Planner 4365 Radio Rd, Suite 201 Naples, FL 34104 4. Location (City, County,Township/Range/Section) of approved DRI and proposed change. City: Naples County: Collier 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. The purposes of this application are for the following: • Request a 5-year extension on the build-out date, • Update the Master Concept Plan, • Remove Section 4.b from the existing DRI relating to wetlands, • Formal name change request from the CityGate Commerce Park to the City Gate Commerce Center, • Provide additional external access points along the eastern property line of the City Gate Commerce Park PUD/DRI. One of the three additional access points being requested (located in the northeast corner) will allow for the connection of the proposed City Gate Boulevard North Extension, to the proposed interconnect to Collier County's Resource Recovery Business Park, and eventually will connect to the proposed Wilson Boulevard-Benfield Road Extension. The remaining two (2) access points being requested will provide pedestrian and vehicular connections, within the proposed Collier County Sports Complex Lot. 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. The existing master site plan has been updated and a copy has been included for your review. Page .. of 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. The Substantial Deviation Determination Chart has been completed and is attached for review staff's review. 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? • Development Order 88-02/Resolution No. 88-309—Original DRI • Development Order 90-04/ Resolution No. 90-431 — Amendment to resolve issues raised with the DCA Appeal • Development Order 95-02/ Resolution No. 95-143 —Amendment to phasing schedule, construction commencement date and termination date for project • Development Order 00-02/ Resolution No. 00-151 —Amendment to phasing schedule, construction commencement date and termination date for project • Development Order 10-01/ Resolution No. 10-223 — Amendment to regulations pertaining to Red Cockaded Woodpeckers 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. N/A. This does not apply to our request. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES X NO 3 Page 3 of 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. A five—year extension of the existing build-out date is being requested with this application. 11. Will the proposed change require an amendment to the local government comprehensive plan? Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 73-40.025, Florida Administrative Code: A Planned Unit Development Rezone (PUDR) and a DOA- Notice of Proposed change have been submitted concurrently with this application, to Collier County Growth Management. 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. Copies of the original and updated Master Concept Plans have been included for your review. Additionally, copies of these have been provided to Collier County Growth Management within the PUDR and DOA submittals. 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 purposes of this application are for the following: • Request a 5-year extension on the build-out date, • Update the Master Concept Plan, • Remove Section 4.b from the existing DRI relating to wetlands, • Formal name change request from the CityGate Commerce Park to the City Gate Commerce Center, • Provide additional external access points along the eastern property line of the City Gate Commerce Park PUD/DRI. One of the three additional access points being requested (located in the northeast corner) will allow for the connection of the proposed City Gate Boulevard North Extension, to the proposed interconnect to Collier County's Resource Recovery Business Park, and eventually will connect to the proposed Wilson Boulevard-Benfield Road Extension. The remaining two (2) access points being requested will provide 4 'age ` of, C pedestrian and vehicular connections, within the proposed Collier County Sports Complex Lot. 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 legal description and boundary of the existing DRI has not changed, therefore an updated legal description is not being provided. c. A proposed and amended development order deadline for commencing physical development of the proposed changes, if applicable; N/A d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; N/A e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable;and Acknowledged. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 73C-40.025 (7), F.A.C. N/A 5 'age of i t C SUBSTANTIAL DEVIATION DETERMINATION CHART ORIGINAL PLAN PREVIOUS D.O.CHANGE& TYPE OF LAND USE CHANGE CATEGORY PROPOSED PLAN DATE OF CHANGE Attraction/Recreation #Parking Spaces NO CHANGE #Spectators N/A #Seats N/A Site locational changes NO CHANGE Acreage,including drainage,ROW, NO CHANGE easements,etc. External Vehicle Trips NO CHANGE D.O.Conditions NO CHANGE ADA Representations NO CHANGE Airports Runway(length) N/A Runway(strength) N/A Terminal(gross square feet) N/A #Parking Spaces N/A #Gates N/A Apron Area(gross square feet) N/A Site locational changes N/A Airport Acreage,including drainage,ROW, N/A easements,etc. Note: If a response is to be more than one sentence,attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Page C.c of 1 0 SUBSTANTIAL DEVIATION DETERMINATION CHART #External Vehicle Trips N/A D.O.Conditions N/A Airports(cont.) ADA representations N/A Hospitals #Beds N/A #Parking Spaces N/A Building(gross square feet) N/A Site locational changes N/A Acreage,including drainage,ROW, N/A easements,etc. External Vehicle Trips N/A D.O.conditions N/A ADA representations N/A Industrial Acreage,including drainage,ROW, NO CHANGE easements,etc. #Parking spaces NO CHANGE Building(gross square feet) NO CHANGE #Employees NO CHANGE chemical storage(barrels and pounds) NO CHANGE Site locational changes NO CHANGE Note: If a response is to be more than one sentence,attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Page of 13" G SUBSTANTIAL DEVIATION DETERMINATION CHART Industrial(cont.) #External vehicle trips NO CHANGE D.O.Conditions NO CHANGE ADA representations NO CHANGE Mining Operations Acreage mined(year) N/A Water withdrawal(gal/day) N/A Size of mine(acres),including drainage, N/A ROW,easements,etc. Site locational changes N/A #External vehicle trips N/A D.O.Conditions N/A ADA representations N/A Office Acreage,including drainage,ROW, NO CHANGE easements,etc. Building(gross square feet) NO CHANGE #Parking Spaces NO CHANGE #Employees NO CHANGE Site locational changes NO CHANGE #External vehicle trips NO CHANGE D.O.Conditions NO CHANGE Note: If a response is to be more than one sentence,attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. 'age (3 of 0 SUBSTANTIAL DEVIATION DETERMINATION CHART Office(cont.) ADA representations NO CHANGE Petroleum/Chemical Storage Capacity(barrels and/or pounds) N/A Storage N/A Distance to Navigable Waters(feet) Site locations changes N/A Facility Acreage,including drainage,ROW, N/A easements,ect. #External vehicle trips N/A D.O.Conditions N/A ADA representations N/A Ports(Marinas) #Boats,wet storage N/A #Boats,dry storage N/A Dredge and fill(cu.yds.) N/A Petroleum storage(gals.) N/A Site locational changes N/A Port Acreage,including drainage,ROW, N/A easements,etc. #External vehicle trips N/A D.O.Conditions N/A ADA representations N/A Note: If a response is to be more than one sentence,attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Paige, of I 0 SUBSTANTIAL DEVIATION DETERMINATION CHART Residential #Dwelling units N/A Type of dwelling units N/A #of lots N/A Acreage,including drainage,ROW, N/A easements,etc. Site locational changes N/A #External vehicle trips N/A D.O.Conditions N/A Wholesale,Retail,Service Acreage,including drainage,ROW, NO CHANGE easements,etc. Floor Space(gross square feet) NO CHANGE #Parking Spaces NO CHANGE #Employees NO CHANGE Site locational changes NO CHANGE #External vehicle trips NO CHANGE D.O.Conditions NO CHANGE ADA representations NO CHANGE Note: If a response is to be more than one sentence,attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Page C of I 0 SUBSTANTIAL DEVIATION DETERMINATION CHART Hotel/Motel it Rental Units NO CHANGE Floor space(gross square feet) NO CHANGE #Parking Places NO CHANGE t#Employees NO CHANGE Site locational changes NO CHANGE Acreage,including drainage,ROW, NO CHANGE easements,etc. #External vehicle trips NO CHANGE D.O.Conditions NO CHANGE ADA representations NO CHANGE R.V.Park Acreage,including drainage,ROW, NO CHANGE easements,etc. If Parking Spaces NO CHANGE Buildings(gross square feet) NO CHANGE #Employees NO CHANGE Site locational changes NO CHANGE #External vehicle trips NO CHANGE D.O.conditions NO CHANGE ADA representations NO CHANGE Note: If a response is to be more than one sentence,attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Ps►.ge, I I of I 0 SUBSTANTIAL DEVIATION DETERMINATION CHART Open Space(All natural and Acreage NO CHANGE vegetated non-impervious NO CHANGE surfaces) Site locational changes Type of open space NO CHANGE D.O.Conditions NO CHANGE ADA representations NO CHANGE Preservation,Buffer or Acreage 2.47 acres to 0 acres Special Protection Areas NO CHANGE Preservation(cont.) Site locational changes Development of site proposed NO CHANGE D.O.Conditions NO CHANGE ADA representations NO CHANGE Note: If a response is to be more than one sentence,attach a detailed description of each proposed change and copies of the proposed modified site plan drawings. The Bureau may request additional information from the developer or his agent. Page of I 0 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL RECEIPT AND REVIEW FEE AGREEMENT FOR REVIEW OF DEVELOPMENTS OF REGIONAL IMPACT APPLICANT REGIONAL PLANNING COUNCIL USE ONLY Name Joseph R. Weber PROJECT IDENTIFICATION 121 S. Main Street, Suite 500 Address NAME: Akron, OH 44308 Telephone (239)5932 NUMBER: E-mail Roger@attyrogerrice.com COORDINATOR: AUTHORIZED AGENT DATE RECEIVED: Name Frederick E.Hood,AICP,Davidson Engineering, Inc. Address 4365 Radio Rd, Suite 201 Naples, FL 34104 Telephone (239)434.6060 E-mail fred©davidsonengineering.com Location of Project Section 35 Township 49 Range 26 County. GENERAL LOCATION Collier Collier and City Gate Boulevards Cit Gate Commerce Park Name of Project y Former Project Name(s) for this site(if applicable) SWFRPC Review Fee Agreement ver072006 Page ' ?j of 0 Whereas the Department of Community Affairs adopted Rule 9J-2.0252, Florida Administrative Code (FAC), governing the policies and procedures for the assessment and collection of fees by regional planning agencies for the review of Application for Development Approval (ADA) of a Development of Regional Impact (DRI), a Substantial Deviation ADA, a Development Designation of Florida Quality Development (FQD), an application for Abandonment of a DRI, a Notice of Proposed Change (NOPC) and plans and reviews identified in development orders requiring regional review; and Whereas the Southwest Florida Regional Planning Council and the below named applicant desire to act in conformity with Rule 9J-2.0252, FAC, which requires a contract for the payment of fees between the regional planning agency and the applicant; NOW THEREFORE, in consideration of the mutual covenants contained herein, Joseph R. Weber, Vice President, herein after referred to as APPLICANT, and the SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, herein after referred to as SWFRPC,on this day of ,20 ,agree as follows: I. The APPLICANT is submitting an Application for Development Approval (ADA) of a DRI, a Substantial Deviation ADA, a Development Designation for Florida Quality Development (FQD), an application for Abandonment of a DRI, a Notice of Proposed Change (NOPC) to a previously approved DRI, or a supplemental review required by the development order(Circle appropriate type of submittal) 2. For an application for an ADA, a Substantial Deviation ADA or a FQD, the APPLICANT is required (in accordance with FAC 9J-2.0252(2)(a) and FAC 9J-2.0252(2)(b)) to submit a deposit in the amount of $15.000.00 prior any related issue methodology meeting (including the review of Preliminary Development Agreements), prior to the submission of the pre-application information form (FORM-RPM-BSP-PREAPP INFO-I) or prior to conducting a preapplication conference in accordance with Section 380.06(7), Florida Statutes, whichever 2 `] SWFRPC Review Fee Agreement ver072006 Page,Cl of I '1 occurs first for an ADA, Substantial Deviation ADA, or an FQD. $5,000.00 of the fee deposit is non-refundable. An additional deposit of $20.000.00 is to be submitted with the ADA, Substantial Deviation ADA or FQD (912-0252(2)(b). The APPLICANT shall be liable to the SWFRPC for 100% of the actual costs, both direct and indirect, of coordinating or reviewing an ADA, a Substantial Deviation ADA or FQD (9J-2.0252(3)(a)). The APPLICANT shall be notified by the SWFRPC when the funds in the project's account or cost center are less than or equal to $5,000.00. The notice shall indicate whether the SWFRPC estimates the costs of coordinating or reviewing the application will exceed the existing deposit and, if so, will request an additional deposit sufficient to cover the estimated remaining costs. APPLICANT agrees to waive the $75,000 total deposit limit of FAC 9J-2.0252(3)(c), however, by agreeing to the waiver of the total deposit the APPLICANT does not waive FAC 9-J-2.0252(4). 3. For an application for a Notice of Proposed Change (NOPC) to a previously approved DRI, an application for Abandonment of a DRI, or a supplemental review required by the development order, in accordance with FAC 9J-2.0252(6)the APPLICANT is required to submit a deposit in the amount of$2,500.00 prior to any related methodology meeting or at the time of application submittal, whichever occurs first. The $2,500.00 initial deposit shall be non- refundable. Charges related to these reviews will be handled in the same manner as for an ADA, a Substantial Deviation ADA or FQD. The APPLICANT shall be notified by the SWFRPC when the funds in the project's account or cost center fall below $1,500.00. The APPLICANT shall make an additional deposit with the SWFRPC in the amount of$1,500.00 within 15 days of receipt of notification. The APPLICANT shall be liable to the SWFRPC for 100% of the actual costs, both direct and indirect,for coordination and review of the APPLICANT's submittal(FAC 9J-2.0252(3)(a). Failure to make an additional deposit with the SWFRPC in the amount requested within 15 days may result in a work stoppage on subject application until such time as requested funds are deposited with the SWFRPC (FAC 9J-2.0252(2)and FAC 9J-2.0252(2)(a)). If the application is withdrawn, the APPLICANT is liable to the SWFRPC for 100% of the actual costs, both direct and indirect of the coordination and review of the application up to the time of request for withdrawal. 3 SWFRPC Review Fee Agreement ver072006 Page I `) 0 4. Upon completion of the review process, if the actual costs exceed the total amount deposited in the project's account or cost center, but are less than $75,000.00, the SWFRPC shall bill the APPLICANT within ninety (90)days thereafter. The APPLICANT shall pay the amount due to the SWFRPC within 30 days following receipt of the bill. Any dispute regarding expenses included in a final bill which is less than $75,000.00 shall be submitted directly to the SWFRPC and shall be handled by the SWFRPC in the same manner as other types of expense disputes. 5. Upon completion of the review process, if the actual costs exceed the total amount deposited in the project's account or cost center, and are greater than $75,000.00, the SWFRPC shall bill the APPLICANT within 90 days. The APPLICANT shall pay the amount due, less any disputed expenses, to the SWFRPC within 30 days following receipt of the bill. If any specific expenses exceed $75,000.00 and these expenses are disputed by the APPLICANT, the APPLICANT must notify the Department of Community Affairs (DCA) and the SWFRPC in writing listing specific expenses in dispute and the reasons why these expenses should not be considered reasonable and necessary for the regional review of the project. This notice shall be rendered within 15 days of the final bill; failure to do so shall be considered as a waiver of the APPLICANT's right to dispute any expenses (FAC 9J-2.0252(4)(a)). Within 15 days of any notice of dispute, the SWFRPC shall inform the DCA how and why the disputed expenses are reasonable and necessary. The DCA shall determine the expenses that are reasonable and necessary within 30 days. 6. Fees not remitted by APPLICANT to SWFRPC within 30 days of receipt of the final bill from the SWFRPC, or within 15 days of receipt of the Department of Community Affairs' determination regarding any disputed expenses, shall require APPLICANT to pay to SWFRPC interest on the unpaid balance at the rate of one percent (1%) per month. In the event the SWFRPC is required to file suit to collect unpaid fees, then the prevailing party shall be entitled to be paid by the non-prevailing party all reasonable costs incurred by the prevailing party, including expert witness fees and reasonable attorney fees. Failure of the SWFRPC to make applicable refunds to the APPLICANT within 60 days, as provided herein, shall require 4 SWFRPC Review Fee Agreement ver072006 page I L ofla 0 SWFRPC to pay to APPLICANT interest on the unpaid balance at the rate of one percent (I%) per month. 7. The SWFRPC shall within 90 days, refund deposited funds (excluding the non- refundable $5,000.00 deposit for an ADA, a Substantial Deviation ADA or a FQD) which exceed its direct and indirect costs or that remain at the time the APPLICANT withdraws an application. 8. All fees paid by APPLICANT to SWFRPC shall be by certified check or bank draft, in U.S. funds, made payable to SWFRPC. Upon receipt of the initial fee deposit as required herein, the SWFRPC shall establish an account or cost center for the project to be reviewed. 9. The SWFRPC shall maintain records of all direct and indirect costs associated with the coordination of the preapplication conference, related issue methodology meetings, Preliminary Development Agreement, and other activities through the review of the ADA, Substantial Deviation ADA, application for abandonment, NOPC to a previously approved DRI and of the final or amended development order, its presentation to the Council and comments issued to the local government preparation for and attendance of hearings that are reasonable and necessary in respect to the regional review of the impacts of the development. SOUTHWEST FLORIDA APPLICANT REGIONAL PLANNING COUNCIL B /i1f �iC/x1 4:7 y By:: 4` ___. . Title: atl : Josep R. Weber, Vice President Dated the day of 20 - Dated the 7. day of / _,20 17 5 SWFRPC Review Fee Agreement ver072006 Page ja of I 1 GundlachNancy From: GundlachNancy Sent: Monday, March 26, 2018 4:11 PM To: CasalanguidaNick Cc: KlatzkowJeff;AshtonHeidi; StoneScott; BosiMichael; BellowsRay; CrotteauKathynell Subject: City Gate PUDA Ordinance - Proposed Language Revisions Importance: High Good afternoon Nick, The following revisions (underlined language) to the City Gate PUDA are proposed: PUD Section 2.7 (Language to be added to the end of the first paragraph): ' Any Sign exceeding the requirements of PUD Section 2.7 3. thru Section 2.7 12 hsay be approved by a supermajority vote of the Board of Collier County Commissioners. PUD Section 3.2. A.3.e. 4.: "A Special Events Permit" to exceed the hours listed above Y be approved by the Board of Collier County Commissioners. Regards, 4420, Nancy Gundlach,AICP, PLA Principal Planner Zoning Division Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 239-252-2484 Note: new email address: Nancy.Gundlach@colliercountyfl.gov. "Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoninq" Agenda Item# '7 A 1 Meeting Date: (3/a-71/(9 1 Presented by: I support your list of county capital projects as projects that should be funded and implemented I accept the estimated costs prepared by your staff as being valid I believe the sooner each of these projects is accomplished, the better it will be for all county residents. Therefore it comes down to "How to funder projects". Most of us do not want any of our taxes increased. I am in that group. Thus the only current option is to divert funds from the current Reserves or future General Fund Revenue which mostly comes from Ad Valorem Property Taxes to these projects. I don't know how long it will take to accumulate the projected total shortfall amount of $451M. But my understanding is this amount is over and above the current and planned General Fund Operating Budget allocations over the next 7 years. We do know that the Ad Valorem portion of the General Fund revenue and thus our taxes will already increase each year as our taxable property values increase. But in order to generate an additional $70 million per year for your projects, the ad valorem property tax portion of the General Fund sourcing would have to be increased by between 20% and 23% just to fund your listed projects. Therefore, not only will owner occupied property taxes need to be increased, but property taxes on rental properties will also be increased. I would assume most rental property owners would then Agenda Item# If I 1 Meeting Date: 3/2-7 I/ 6 Presented by: rcc_C increase their rental rates to cover this same 20% to 23% increase in property taxes. Thus all Collier County property owners and renters will pay for this increase. Some people say "why not borrow the money?", but that is projected to add an additional $187M to $255M more dollars to the total costs that property owners and renters, must still pay back. With a projected 30% of the 1% Sales Tax Revenue coming from non-residents such as tourists and people who live in neighboring counties, but come to Collier County to work, and dine, and shop, to me this is a valid funding option and it will get these county projects done sooner. If the projected $490M, of which $420M is for your county projects, is generated sooner than 7 years, the tax is discontinued. The money can only be used for these specific capital projects. Both Marco Island and Naples will receive between $22M to $26M each for their needed capital projects and both cities currently have unfunded capital needs. The additional 1% Sales Tax does not apply to food, nor medicine, nor gas, but only to other discretionary purchases. If you went out to dinner and the cost is $50 this would add 50 cents to the bill. Since the sales tax is limited to only the first $5,000 of a purchase, if you bought a car for $20,000 it would add $50 to the cost. And as one local car dealer would say "$50 on a $20,000 car purchase is Of the options to (1) Do nothing, (2) Borrow money in a rising interest environment where principle and interest has to be paid back, (3) Raise all our Ad Valorem Property Taxes, or (4) implement a Temporary 1% Sales Tax partially paid by vistors, I support the Temporary 1% Sales Tax option to get these needed projects done and done sooner. So no matter how you personally feel about any of the capital projects on your list, and no matter how you personally feel about the proposed option of a Temporary 7 year 1% sales tax, I would hope that all 5 Commissioners will vote to put this option on the Nov. ballot, so that all of your voting constituents can express their individual opinion. Thank you and if you have any questions for me I will try to answer. Marvin L. Easton 944 Spyglass Lane, Naples 34102-7733 239-430-7234 Roger B. Rice Attorney at Law 9010 Strada Stell Court Suite 207 Naples, Florida 34109 Phone: 239-593-1002 Facsimile: 239-593-1309 Board of Collier County Commissioners March 27, 2018 Attention: Andy Solis, Chairperson Via Hand Delivery Collier County Government Center 3299 Tamiami Trail East, Suite 303 Naples,Florida 34112 Re: March 27th BCC Meeting Agenda Item#10 Innovation Zone for Interchange Activity Center Nine, with adjusted boundaries Commissioners: I represent Citygate Development, LLC, 850 NWN, LLC and CG II, LLC, (collectively City Gate) the developers responsible for the City Gate Commerce Park PUD, as amended. City Gate supports passage of item #10; the establishment an Innovation Zone for Interchange Activity Center Nine, with adjusted boundaries, to promote Target industries and re- evaluate the design standards adopted for the Interchange, the current land uses allocated within the IAC, as well as the current configuration and determine the feasibility of developing a flexible zoning overlay to further facilitate economic development. City Gate will participate with the other existing property owners, County staff, the Chamber of Commerce, stakeholders, and potential interested businesses to expand IAC9, clarify the Targeted Industries, and refine the zoning overlay. If you have any questions or need further information, please do not hesitate to contact me. Very truly yours, Roger B. Rice RBR/laz cc: Nick Casalanguida, Deputy County Manager John Steinhauer, Esq. Agenda Item # j 0 Meeting Date: 3)2-7/18 Presented by: Ex parte Items - Commissioner Penny Taylor COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 27, 2018 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ADVERTISED PUBLIC HEARINGS 9A. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to affirm the decision of the Collier County Planning Commission and approve a Resolution amending Development Order 88-02, as amended,the City Gate Commerce Park Development of Regional Impact, providing for Section One:amendments restoring language from the original Development Order 88-02 and provide traffic conversions,without increasing the overall buildout traffic; amendment to regulations pertaining to vegetation and wildlife/wetlands to remove the 2.47 acre wetland "preserve" requirement; amendment to remove phasing schedule and obsolete development restrictions; amendment to master development plan;extension of termination date; and amendment to allow for biennial reporting; Section Two:findings of fact including revised legal description and correction of acreage;Section Three: conclusions of law;Section Four: effect of previously issued development order,transmittal to the Department of Economic Opportunity and providing an effective date. [PL20170002634] (This is a companion item to Planned Unit Development Amendment Petition PUDA-PL20170002330,Agenda Item 9.B.and Agenda Item 11.F) NO DISCLOSURE FOR THIS ITEM SEE FILE ®Meetings ['Correspondence se-mails ®Calls From 2015 through March 2018 there have phone calls, meetings and emails. 9B. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance No. 88-93,the City Gate Commerce Park Planned Unit Development,to revise the legal description and correct the acreage of the MPUD;to update the master development plan including designating a Lake/Recreational Area, adding external access points along the eastern MPUD boundary and adding the Collier County Sports Complex;to provide conversions to allow additional hotels and motel units and the development of the Collier County Sports Complex,without increasing the overall originally approved buildout traffic;to provide deviations for signage,flagpoles, parking areas, landscape areas and buffers, architectural review standards, native vegetation and water management;to clarify permitted uses and add development standards for the Sports Complex, including building heights;to update building heights elsewhere in the MPUD;to remove outdated commitments;to add exhibits including exhibit A-3 permitted uses by SIC codes, Exhibit A-4 cross sections- north buffer, Exhibit A-5 sign deviation exhibit, and Exhibit A-6 required yard plan; providing for conflict and severability; and providing an effective date. [P120170002330] (This is a companion item to Development Order Amendment Petition DOA-PL20170002634,Agenda Item 9.A. and Agenda Item 11.F) NO DISCLOSURE FOR THIS ITEM SEE FILE ®Meetings ❑Correspondence se-mails ®Calls From 2015 through March 2018 there have phone calls, meetings and emails. GrecoSherry 44. ALL AMERICAN GAMES 100 FORGE WAY,ROCKAWAY,NJ 07866 I (973)366-8448 I ALLAMERICANGAMES.COM EVENT ADVISORY ATTN:SPORTS;COMMUNITY; LOCAL NEWS BREAKING GROUND AT THE FUTURE HOME OF THE COLLIER COUNTY SPORTS COMPLEX Official ceremony with Collier County dignitaries and All American Games executive staff will break ground at the future site of a year-round multi-sport complex-the future home of the FBU National Championship tournament and other nationwide sports attractions in Naples,Florida. WHAT An official groundbreaking ceremony to commemorate the future site of the Collier County Sports Complex,a multi-sport facility for year-round use.The site will become the future home of the FBU National Championship tournament and other national sports events,with Florida's Paradise Coast as their centerpiece. WHO The FBU National Championship is owned and produced by All American Games,America's premier sports marketing and management organization and the same company that brings you the U.S.Army All-American Bowl on NBC and Football University camps in more than 25 cities. Scheduled attendees include: Mr. Ronald G. Rice,City Gate;Collier County Commissioners and dignitaries;student-athletes of Special Olympics Florida-Collier County;Representatives of Manhattan Construction Company;Paradise Coast Convention and Visitors Bureau staff;All American Games executive staff;and U.S.Army All-Americans and Naples natives Tyler Byrd, George Takacs and Oscar Shadley. WHEN Monday,December 18,2017 11:00 AM-12:00 PM Media set-up:10:30 AM WHERE Fairfield Inn&Suites,3808 White Lake Blvd,Naples,FL 34117(11:00 AM) --Press conference,statements,and brief question-answer session. --Requested media arrival: 10:30 AM. --Snacks and light refreshments to be served. Ground breaking site:coordinates 26°09'48.0"N 81°40'47.1"W(approximately 11:20 AM) FOLLOW Twitter:@FBU_NC Instagram:@nationalchampionship I Web:FBUNC.com CONTACT Mike Ulatoski All American Games Manager,Marketing&Communications mulatoskiPallamericangames.com I (203)808-6601 GrecoSherry From: Michael Ulatoski <mulatoski@allamericangames.com> Sent: Wednesday, December 13, 2017 9:59 AM To: Michael Ulatoski Subject: RE: Event Advisory The future home of the Collier County Sports Complex Attachments: Ground Breaking Event PR.pdf AMENDMENT: the press conference will now take place at the Fairfield Inn & Suites, which is situated on the same boulevard. From: Michael Ulatoski Sent:Tuesday, December 12, 2017 4:38 PM All American Games and Collier County cordially invite you to attend an official groundbreaking ceremony to commemorate the future site of a year-round multi-sport complex in Collier County. The site will become the future home of the FBU National Championship tournament and other national sports events, with Florida's Paradise Coast as their centerpiece. WHAT An official groundbreaking ceremony to commemorate the future site of the Collier County Sports Complex, a multi-sport facility for year-round use. WHO Scheduled attendees include: Mr. Ronald G. Rice, City Gate; Collier County Commissioners and dignitaries; student- athletes of Special Olympics Florida—Collier County; Representatives of Manhattan Construction Company; Paradise Coast Convention and Visitors Bureau staff; All American Games executive staff; and U.S. Army All-Americans and Naples natives Tyler Byrd, George Takacs and Oscar Shadley. The FBU National Championship is owned and produced by All American Games, America's premier sports marketing and management organization and the same company that brings you the U.S. Army All-American Bowl on NBC and Football University camps in more than 25 cities. WHEN Monday, December 18, 2017 11:00 AM - 12:00 PM Media set-up: 10:30 AM WHERE Fairfield Inn & Suites, 3808 White Lake Blvd, Naples (11:00 AM) --Press conference, statements, and brief question-answer session. --Requested media arrival: 10:30 AM. --Snacks and light refreshments to be served. Ground breaking site: coordinates 26°09'48.0"N 81°40'47.1"W(approximately 11:20 AM) We hope to see on Monday, December 18 to celebrate. 1 GrecoSherry Subject: Sports Complex groundbreaking event, Ron Rice, Mary Shea, Steve Quinn, Doug Berman Location: Dial in 973-298-1118 (Bridge 1000 passcode 1978) Start: Wed 12/13/2017 9:00 AM End: Wed 12/13/2017 9:30 AM Recurrence: (none) Organizer: TaylorPenny 1 GrecoSherry Subject: Walk Through for Groundbreaking on December 18, 2017 Location: Fairfield Inn & Suites, 3808 White Lake Blvd, Naples, FL 34117 Start: Sat 12/16/2017 9:00 AM End: Sat 12/16/2017 9:30 AM Recurrence: (none) Meeting Status: Meeting organizer Organizer: TaylorPenny Required Attendees: rricel0@comcast.net; Mary Shea - Quail Creek Country Club (maryeshea@hotmail.com); Liz Sanders; squinn@allamericangames.com; Doug Brown (dcberman@allamericangames.com) Just to confirm that this meeting is for 9 AM tomorrow. Someone has said they received an invite for 6 AM. This invite will confirm the meeting for the walk through on the above referenced date and time. Thank you. 2 . ... --,-/o gie Maps 3299 Tamiami Trail, Naples, FL 34112 to 3804 Drive 7.5 miles, 15 min White Lake Boulevard, Naples, FL , - ,ir 16 •';4,,,:' : r..,,,,,ii,2 ...A.. ... I.‘ , . ....L.L..,,)..c.52,,f,_ , I ,. e.,. ...,,„„p,„1„,„., . ,, .. • •„,.,,..,:..4 .., , _ ....,_ ••• c • ... , i - ft, ' 1' i ,-. •' / *. - 5 •' -is, ,...." ',_,,,,:!,t,...- ,-. ..7, a . , L.,... ; VI b,,,,z,` r•,..,_' ''.,:6',t. . )1 c 1, l ' '''' § '*171.V .11'.'7tFitL ' 0 4)..•M....p \ the' V i i I''' ,,--. 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G14- Map data©2016 Google,INEGI 1 mi t il via FL-84 E 15 min 14 min without traffic 7.5 miles via 1-75 S 16 min 16 min without traffic 9.6 miles via Golden Gate Pkwy 19 min 11.6 miles 18 min without traffic ,. a4. . p s 3299 Tamiami Trail, Naples, FL 34112 to 3804 Drive 7.5 miles, 15 min White Lake Boulevard, Naples, FL meee.Gale Nqh shad Apartments Neap set White_axe and White Lake Med WOi[e La.Bud I.fagnc'.i1,1d 0'. Gage v s mg , ®300a white Lake Blvd Sunep Naples• Shaw alvd Y • Var am • leer itnn n $ ung:i.v4 co ��a, at San, ^.a 9 a, 0bva,4e P.C... ."Tuscan ale Maxmen1x lei 'd >lpvrave CS Pr •caner Fence moa 9me+e Naples-, *4,4 Pb� S,ect b f a4 Ohn A"e Pne Gell Ln �- Naples na Cinensse; Becket Cu 1 I{ roL,.e WA cker Parrs La warps Oa suites 1 rvn co �.e F '-.; ',,Lake 9HE Sow..Wood..• i N.katast O-isl— @ tr9dtd� LAf1! Su.,Sup., R roivauxo, > t. o71 as F a tpBa. a Radio Ro PPS in u u '..... Sari Blvd Bea MP Beck Blvd Beck Blvd Beck 0' a eP":.- Mobil £ cub N.es BV Resor �w a' V ''-'' _ C 3'. ,r a • 4 'brs CUA. ` - Go gle 3 s '9"%. 4.44 CI,...IaOar Map data©2016 Google 500 ft — ..a GrecoSherry Subject: Roger Rice - City Gate Location: Lobby of the Fairfield Inn & Suites: 3808 White Lake Blvd, Naples, FL 34117 Start: Tue 2/2/2016 1:30 PM End: Tue 2/2/2016 2:30 PM Recurrence: (none) Organizer: TaylorPenny Categories: reimbursement Meeting Location - Fairfield I... DOM 3116-001.... Lee, Attached hereto please find an aerial and google map for the Tuesday meeting. In the center of the aerial are the two hotels within City Gate Commerce Park (Fairfield Inn & Suites and Springhill Suites). To the left of the hotels is the County's South Collier Regional Water Treatment Plant. We will meet in the Lobby of the Fairfield Inn & Suites: 3808 White Lake Blvd, Naples, FL 34117. See attached Google Maps for directions. I look forward to the Tuesday 1 :30 meeting. Roger B. Rice, Esq. Roger B. Rice, P.A. 9010 Strada Stell Court, Suite 207 Naples, Florida 34109 Phone: 239-593-1002 Fax: 239-593-1309 1 GrecoSherry Subject: Ron Rice Location: CO Start: Tue 2/16/2016 2:00 PM End: Tue 2/16/2016 3:00 PM Recurrence: (none) Organizer: TaylorPenny w/ Leo- NOT CONFIRMED 598.5270 2 GrecoSherry Subject: Leo & Ron Rice Location: CM Start: Thu 4/7/2016 10:30 AM End: Thu 4/7/2016 11:00 AM Recurrence: (none) Organizer: TaylorPenny 3 GrecoSherry Subject: Coach Kramer, Fruth and Ron Rice Location: Fairfield Inn 3808 White Lake Blvd, Naples, FL 34117 Start: Wed 4/13/2016 3:00 PM End: Wed 4/13/2016 4:00 PM Recurrence: (none) Organizer: TaylorPenny Categories: reimbursement RT 15 Kramer-confirmed Fruth-confirmed Rice-confirmed 4 GrecoSherry Subject: Steve Quinn Location: Lobby of the Fairfield Inn &Suites: 3808 White Lake Blvd, Naples, FL 34117 Start: Mon 4/25/2016 2:00 PM End: Mon 4/25/2016 3:30 PM Recurrence: (none) Organizer: TaylorPenny Categories: reimbursement RT 15 Ron Rice confirmed. Steve Quinn confirmed. (Steve is coordinating with Doug Berman). 5 GrecoSherry Subject: Ron Rice Location: Phone Conference Start: Thu 4/28/2016 10:00 AM End: Thu 4/28/2016 10:30 AM Recurrence: (none) Organizer: TaylorPenny Ron will call here to discuss size of area. 6 GrecoSherry Subject: Ron Rice Location: Fairfield Inn Start: Fri 6/17/2016 11:00 AM End: Fri 6/17/2016 11:30 AM Recurrence: (none) Organizer: TaylorPenny Categories: reimbursement Any Update... 7 GrecoSherry Subject: Ron Rice 2:15PM Location: CO Start: Thu 6/23/2016 2:00 PM End: Thu 6/23/2016 2:30 PM Recurrence: (none) Organizer: TaylorPenny 598.5270 8 GrecoSherry Subject: Ron Rice Location: Fairfield Hotel boardroom Start: Mon 8/8/2016 1:30 PM End: Mon 8/8/2016 2:30 PM Recurrence: (none) Meeting Status: Meeting organizer Organizer: TaylorPenny Categories: reimbursement 9 GrecoSherry Subject: Ron Rice Location: CO Start: Mon 10/3/2016 1:00 PM End: Mon 10/3/2016 1:30 PM Recurrence: (none) Organizer: TaylorPenny 10 GrecoSherry Subject: Gateway - Ron & Robert Rice Location: your office Start: Fri 1/27/2017 1:00 PM End: Fri 1/27/2017 1:30 PM Recurrence: (none) Organizer: TaylorPenny 239-598-5270 11 GrecoSherry Subject: Ron and Roger Rice - city gate and sports complex Location: your office Start: Fri 2/10/2017 2:30 PM End: Fri 2/10/2017 3:00 PM Recurrence: (none) Organizer: TaylorPenny 239-593-1002 12 GrecoSherry Subject: sports complex and City Gate - Hunden, Roger and Ron Rice Location: Please call 978-964-0049 Participant code 286263#; Host (Office) code 7439686# Start: Mon 2/13/2017 1:00 PM End: Mon 2/13/2017 1:30 PM Recurrence: (none) Organizer: TaylorPenny 13 GrecoSherry Subject: Ron Rice - Sports Complex Location: Shula's Steak House Naples, 5111 Tamiami Trail N, Naples, FL 34103 Start: Fri 5/5/2017 4:00 PM End: Fri 5/5/2017 5:00 PM Recurrence: (none) Organizer: TaylorPenny OW 4.2 miles to your home 14 GrecoSherry Subject: Roger and Ron Rice - sports complex Location: your office Start: Mon 5/15/2017 2:00 PM End: Mon 5/15/2017 2:30 PM Recurrence: (none) Organizer: TaylorPenny 15 GrecoSherry Subject: Ron & Roger Rice - Sports Complex Location: your office Start: Fri 5/26/2017 1:30 PM End: Fri 5/26/2017 2:30 PM Recurrence: (none) Organizer: TaylorPenny 16 GrecoSherry Subject: Roger Rice Location: your office Start: Wed 6/7/2017 11:40 AM End: Wed 6/7/2017 12:10 PM Recurrence: (none) Organizer: TaylorPenny 17 Ex parte Items - Commissioner Andy Solis COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 27, 2019 ADVERTISED PUBLIC HEARINGS 9A. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to affirm the decision of the Collier County Planning Commission and approve a Resolution amending Development Order 88-02,as amended,the City Gate Commerce Park Development of Regional Impact, providing for Section One:amendments restoring language from the original Development Order 88-02 and provide traffic conversions,without increasing the overall buildout traffic; amendment to regulations pertaining to vegetation and wildlife/wetlands to remove the 2.47 acre wetland "preserve" requirement;amendment to remove phasing schedule and obsolete development restrictions;amendment to master development plan; extension of termination date; and amendment to allow for biennial reporting; Section Two:findings of fact including revised legal description and correction of acreage; Section Three:conclusions of law; Section Four: effect of previously issued development order,transmittal to the Department of Economic Opportunity and providing an effective date. [P120170002634] (This is a companion item to Planned Unit Development Amendment Petition PUDA-PL20170002330,Agenda Item 9.B.and Agenda Item 11.F) NO DISCLOSURE FOR THIS ITEM SEE FILE NMeetings (Correspondence Me-mails (Calls AS BELOW 9B. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development,to revise the legal description and correct the acreage of the MPUD;to update the master development plan including designating a Lake/Recreational Area, adding external access points along the eastern MPUD boundary and adding the Collier County Sports Complex;to provide conversions to allow additional hotels and motel units and the development of the Collier County Sports Complex,without increasing the overall originally approved buildout traffic;to provide deviations for signage,flagpoles, parking areas, landscape areas and buffers, architectural review standards, native vegetation and water management;to clarify permitted uses and add development standards for the Sports Complex, including building heights;to update building heights elsewhere in the MPUD;to remove outdated commitments;to add exhibits including exhibit A-3 permitted uses by SIC codes, Exhibit A-4 cross sections-north buffer, Exhibit A-5 sign deviation exhibit,and Exhibit A-6 required yard plan; providing for conflict and severability; and providing an effective date. [P120170002330] (This is a companion item to Development Order Amendment Petition DOA-P120170002634,Agenda Item 9.A. and Agenda Item 11.F) n NO DISCLOSURE FOR THIS ITEM SEE FILE ®Meetings (Correspondence Me-mails (Calls 2-24-17 Meeting - Roger Rice, John Stinhauer 6-1-17 Meeting - Roger Rice 6-7-17 email - Roger Rice 4-9-17 email -Teryl Brzeski GoodnerAngela Subject: Ron Rice,John Stinhauer re: City Gate Commerce Center Location: County Commission Office, 3299 Tamiami Trail East, Naples Start: Fri 2/24/2017 3:00 PM End: Fri 2/24/2017 3:30 PM Recurrence: (none) Meeting Status: Meeting organizer Organizer: SolisAndrew Required Attendees: rricel0@comcast.net; Andrew I. Solis (ASolis@cohenlaw.com) With Roger Rice and John Stinhauer www.citvgatenaples.com GoodnerAngela Subject: Attorney Richard Rice -- City Gate, Sports Complex, Economic Development Location: BCC Office, 3299 Tamiami Trail East, Suite 303 Start: Thu 6/1/2017 1:00 PM End: Thu 6/1/2017 2:00 PM Recurrence: (none) Meeting Status: Meeting organizer Organizer: SolisAndy Required Attendees: Andrew I. Solis (ASolis@cohenlaw.com) Categories: Commission Chambers 1 GoodnerAngela From: Teryl H. Brzeski <scudsite@aol.com> Sent: Sunday,April 9, 2017 11:46 PM To: TaylorPenny; FialaDonna; SolisAndrew; SaundersBurt; McDanielBill Cc: OchsLeo; CasalanguidaNick Subject: Sports Park Location, Visibility and Impact Attachments: Magnolia Pond Sports.docx 9th April, 2017 Dear Commissioner, We are all very excited by the prospect of enhancing and augmenting the availability of sports facilities throughout Collier County and have watched with interest the complexities of balancing further development of existing sites with building new ones under the challenge of managing budgetary constraints. In furtherance of the discussion, I wished to address some key advantages relating to the Magnolia Pond property that perhaps have not been adequately reviewed. Visibility Adjacent to I 75 with high visibility. The only investment that will sell itself every day like Germain Arena. Naming Rights income. Accessibility I 75 Exit 101. Signalized intersection at Magnolia Pond Drive and Collier Blvd. Proximity Between two Title 1 eligible 'C' schools, extends local community recreation, promoting health and academic attainment. Next to commercial property. Economy Existing Hotels, retail and restaurant zoning, drive economic growth and create local jobs in designated activity center. 1 9th April, 2017 Dear Commissioner, We are all very excited by the prospect of enhancing and augmenting the availability of sports facilities throughout Collier County and have watched with interest the complexities of balancing further development of existing sites with building new ones under the challenge of managing budgetary constraints. In furtherance of the discussion, I wished to address some key advantages relating to the Magnolia Pond property that perhaps have not been adequately reviewed. Visibility Adjacent to I 75. The only investment that will sell itself every day like Germain Arena. Naming Rights income. Accessibility I 75 Exit 101. Signalized intersection. Proximity Between two Title 1 eligible 'C' schools, extends local community recreation,promoting health and academic attainment.Next to commercial property. Economy Existing Hotels, retail and restaurant zoning, drive economic growth and create local jobs in designated activity center. Zoning Existing PUD zoning readily adaptable. Smell Test PASS. Not located between a Water Treatment Plant and the County Landfill. Availability Willing sellers ready to negotiate price for timely closing. All owners cooperative. Best Value Magnolia Pond can be quickly developed in consideration of an economical solution. Benefit Most importantly,puts our school children first. In providing a high quality, destination sports facility,this represents the optimum site that includes a self-promoting multi-use field and stadium location that maximizes the return on investment. With the long time factor involved developing the existing County owned property that could act as a future expansion, should it be needed, bigger is not better. The adjacent City Gate site is expensive and is also blighted by the sewage plant and county dump sandwich—is this really the Welcome to Naples we want our visitors to receive and then charge them for the privilege? It sends a rotten message. Magnolia Pond hits the sweet spot. Please consider it in your deliberations for the cost analysis and find that its many benefits make it the best choice. Sincerely, Teryl H. Brzeski Manager, Magnolia Pond Holdings LLC Zoning Existing PUD zoning readily adaptable. Smell Test PASS. Not located between a Water Treatment Plant and the County Landfill. Availability Willing sellers ready to negotiate price for timely closing. All owners cooperative. Best Value Magnolia Pond can be quickly developed in consideration of an economical solution. Benefit Most importantly,puts our school children first. In providing a high quality, destination sports facility,this represents the optimum site that includes a self-promoting multi-use field and stadium location that maximizes the return on investment. With the long time factor involved developing the existing County owned property that could act as a future expansion, should it be needed, bigger is not better. The adjacent City Gate site is expensive and is also blighted by the sewage plant and county dump sandwich—is this really the Welcome to Naples we want our visitors to receive and then charge them for the privilege? It sends a rotten message. Magnolia Pond hits the sweet spot. Please consider it in your deliberations for the cost analysis and find that its many benefits make it the best choice. Sincerely, Teryl H. Brzeski Manager, Magnolia Pond Holdings LLC 2 GoodnerAngela From: Roger Rice <Roger@attyrogerrice.com> Sent: Wednesday, June 7, 2017 4:20 PM To: FialaDonna; SolisAndy; SaundersBurt;TaylorPenny; McDanielBill Cc: Genevieve Turner Subject: City Gate Commerce Park& Conceptual Collier County Amateur Sports Park Attachments: 2017.06.07 - RBR Letter to Commissioners - City Gate.pdf; 2017-06-07 OVERALL AERIAL LOCATION EXHIBIT - used with Letters.pdf; Press Conference Letter.pdf Dear Commissioners, I represent the owners of City Gate Commerce Park (collectively "City Gate"). Attached hereto please find a copy of my letter to you and my letter, which was included in Commissioner Penny Taylor's Press Conference today. If you or your staff have any questions or concerns, please do not hesitate to contact me. Roger Roger B. Rice, Esq. Roger B. Rice, P.A. 9010 Strada Stell Court, Suite 207 Naples, Florida 34109 Phone: 239-593-1002 Fax: 239-593-1309 1 Roger B. Rice P.A. Attorney at Law 9010 Strada Stell Ct. Suite 207 Naples, Florida 34109 Phone: 239-593-1002 Facsimile: 239-593-1309 June 7, 2017 Commissioner Donna Fiala, District 1 Commissioner Andy Solis, Esq., District 2 Collier County Commissioner Collier County Commissioner Email: DonnaFiala@colliergov.net Email: AndvSolis@colliergov.net Commissioner Burt Saunders, District 3 Commissioner Penny Taylor, District 4 Collier County Commissioner Collier County Commissioner Email: BurtSaunders@colliergov.net Email: PennyTaylor@colliergov.net Commissioner William L. McDaniel, Jr. District 5 Collier County Commissioner Email: BillMcDaniel@colliergov.net VIA EMAIL RE: CONCEPTUAL CITY GATE/COLLIER COUNTY AMATEUR SPORTS PARK Dear Commissioners, I represent the owners of City Gate Commerce Park(collectively"City Gate"). Attached hereto please find a copy of my letter,which was included in Commissioner Penny Taylor's Press Release today. That letter provided City Gate's response to the concerns of Michael Dalby, CEO of the Greater Naples Chambers of Commerce, in the WINK News Report which first aired on Monday, July 5,2017;to wit,if the County Sports Complex were sited on City Gate it would rob the County of City Gate's potential as a site for light industrial jobs, which could be "high-wage, high-value and high-skill." Upon prior Board of County Commissioners direction,Nick Casalanguida,Deputy County Manager, and other County staff, have over a course of months met multiple times with myself and other City Gate representatives to evaluate the potential for a public private partnership between City Gate and Collier County for the phased development of an amateur Sports Complex. Conceptually,the first phase would be 60 acres on City Gate property and the second phase on the County land, known as the "CC305." See aerial herewith. City Gate believes that Mr. Dalby's concerns are unfounded. I point out that City Gate has plenty of land for the conceptual 60-acre Sports Complex, with 154 acres of developable lot acres left over. These 154 acres could accommodate a project the size of Arthrex in Creekside, a project the size of the Hertz headquarters in Estero, and still have over 80 acres of developable lots available to accommodate other significant projects. I want to assure each of you that City Gate will immediately reach out to the Collier County Office of Business &Economic Development,the Greater Naples Chamber of Commerce,and the Southwest Florida Economic Development Alliance to clear any misunderstanding and foster a productive coalition, which could focus on attracting projects with "high-wage, high-value, high- skill" light industrial jobs to the City Gate site. Respectfully submitted, 4-7Z , Roger B. Rice RBR/get Roger B. Rice Attorney at Law 9010 Strada Stell Court Suite 207 Naples, Florida 34109 Phone: 239-593-1002 Facsimile: 239-593-1309 June 7, 2017 RE: CONCEPTUAL CITY GATE/COLLIER COUNTY AMATEUR SPORT PARK GREATER NAPLES CHAMBER OF COMMERCE I represent the owners of City Gate Commerce Park(collectively"CityGate"). City Gate representatives were pleased to see, in Monday night's WINK News Report, the City Gate property described as "one of Collier County's most valuable pieces of land". City Gate representatives have long touted City Gate's location near I-75 in the coastal urban area of Collier County, its vested entitlements and its permits in hand (including its PUD/DRI, Federal Fish & Wildlife Permit from the US Fish and Wildlife Service and an Environmental Resource Permit from the South Florida Water Management District). On the other hand, I thought it would be wise to respond to concerns voiced by Michael Dalby CEO of the Greater Naples Chamber of Commerce in that same WINK News Report: that if the County Sports Complex were sited on City Gate it would rob the County of City Gate's potential as a site for light industrial jobs, "high-wage, high-value, high-skill", like Arthrex. Mr.Dalby stated that he supported the Sports Complex,but because of his concern,he urged Collier County to look at other sites. City Gate contains plenty of land for both work and play. If the conceptual public private partnership between City Gate and Collier County for the phased development of an amateur sports park were to proceed, the first phase would be developed on 60 acres of City Gate and the second phase on the County land to the east,known as the "CC305". Over 154 acres of lots will remain available in City Gate. To put that in perspective, Arthrex headquarters are located in the Creekside PUD, which had 50 acres of light industrial zoning. The Hertz headquarters in Estero is 250,000 square feet on 20 acres. In other words, City Gate could accommodate the contemplated Sports Complex and a project the size of Arthrex in Creekside, a project the size of Hertz headquarters in Estero, and still have over 84 acres lots available for other projects. The City Gate Commerce Park PUD Ordinance and DRI Development Order entitles 250 hotel units,90,000 square feet of retail building space, 826,000 square feet of office building space, and 1,920,000 square feet of building space, which includes both light industrial and recreational uses. In other words, City Gate's 1988 zoning is entirely consistent with, and permits recreational use, like the conceptual Sports Complex. The principals of City Gate have been investors in Collier County since the 1970s and were pleased to participate in the conceptual discussions with the County on the Sports Complex. We believe that the Sports Complex is would in the best interest for the County and not significantly restrict the development of light industrial,with high-paying jobs,on City Gate. Respectfully submitted, Roger B. Rice RBR/get FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Solis, Andrew I. Collier County Board of County Commissioners MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 3299 Tamiami Trail East, Suite 300 WHICH I SERVE IS AUNIT OF: CITY COUNTY ❑CITY al COUNTY 0 OTHER LOCAL AGENCY Naples Collier NAME OF POLITICAL SUBDIVISION: Collier County DATE ON WHICH VOTE OCCURRED MY POSITION IS: March 27, 2018 ❑ ELECTIVE IA APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Andrew I. Solishereby disclose that on March 27 20 18 (a)A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, ; inured to the special gain or loss of a client of my law firm, WCI by whom I am retained; or inured to the special gain or loss of ,which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: On March 27, 2018, the Board of County Commissioners will consider Agenda Item 16A9 to approve final acceptance and unconditional conveyance of potable water and sewer utility facilities for Frangipani Circle at LaMorada and to release the Utilities Performance Security and Final Obligation bonds. The applicant, WCI, is a client of my law firm and in an abundance of caution, I will abstain from voting pursuant to Section 286.012, Fla. Stat. to avoid any perceived prejudice or bias. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. March 27, 2018 J AL_*A. Date Filed Sign:SlreV r NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Solis, Andrew I. Collier County Board of County Commissioners MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 3299 Tamiami Trail East, Suite 300 WHICH I SERVE ISAUNITOF: CITY COUNTY 1:3CITY Lf COUNTY CIOTHER LOCAL AGENCY Naples Collier NAME OF POLITICAL SUBDIVISION: Collier County DATE ON WHICH VOTE OCCURRED MY POSITION IS: March 27, 2018 ❑ ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). • ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Andrew I. Solishereby disclose that on March 27 20 18 (a)A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ; • inured to the special gain or loss of my relative, inured to the special gain or loss of a client of my law firm, WCI by whom I am retained; or inured to the special gain or loss of ,which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: On March 27, 2018, the Board of County Commissioners will consider Agenda Item 16A10 to approve final acceptance and unconditional conveyance of potable water and sewer utility facilities for Artesia Naples Phase 3A and to release the Final Obligation bond. The applicant, WCI, is a client of my law firm and in an abundance of caution, I will abstain from voting pursuant to Section 286.012, Fla. Stat. to avoid any perceived prejudice or bias. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the inter- tin such a way as to provide the public with notice of the conflict. March 27, 2018 t, Date Filed Sign NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. Ex parte Items - Commissioner Burt L. Saunders COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 27, 2019 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ADVERTISED PUBLIC HEARINGS 9A. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to affirm the decision of the Collier County Planning Commission and approve a Resolution amending Development Order 88-02, as amended,the City Gate Commerce Park Development of Regional Impact, providing for Section One: amendments restoring language from the original Development Order 88-02 and provide traffic conversions,without increasing the overall buildout traffic; amendment to regulations pertaining to vegetation and wildlife/wetlands to remove the 2.47 acre wetland "preserve" requirement; amendment to remove phasing schedule and obsolete development restrictions;amendment to master development plan; extension of termination date; and amendment to allow for biennial reporting; Section Two:findings of fact including revised legal description and correction of acreage; Section Three: conclusions of law; Section Four: effect of previously issued development order,transmittal to the Department of Economic Opportunity and providing an effective date. [P120170002634] (This is a companion item to Planned Unit Development Amendment Petition PUDA-PL20170002330,Agenda Item 9.B. and Agenda Item 11.F) 7 NO DISCLOSURE FOR THIS ITEM SEE FILE ❑Meetings ['Correspondence ne-mails nCalls 9B. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development,to revise the legal description and correct the acreage of the MPUD;to update the master development plan including designating a Lake/Recreational Area, adding external access points along the eastern MPUD boundary and adding the Collier County Sports Complex;to provide conversions to allow additional hotels and motel units and the development of the Collier County Sports Complex,without increasing the overall originally approved buildout traffic;to provide deviations for signage,flagpoles, parking areas, landscape areas and buffers, architectural review standards, native vegetation and water management;to clarify permitted uses and add development standards for the Sports Complex, including building heights;to update building heights elsewhere in the MPUD;to remove outdated commitments;to add exhibits including exhibit A-3 permitted uses by SIC codes, Exhibit A-4 cross sections-north buffer, Exhibit A-5 sign deviation exhibit,and Exhibit A-6 required yard plan; providing for conflict and severability;and providing an effective date. [P120170002330] (This is a companion item to Development Order Amendment Petition DOA-PL20170002634,Agenda Item 9.A.and Agenda Item 11.F) VI NO DISCLOSURE FOR THIS ITEM SEE FILE Meetings (Correspondence I le-mails Calls Ex parte Items - Commissioner Donna Fiala COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 27, 2019 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ADVERTISED PUBLIC HEARINGS 9A. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to affirm the decision of the Collier County Planning Commission and approve a Resolution amending Development Order 88-02,as amended,the City Gate Commerce Park Development of Regional Impact, providing for Section One: amendments restoring language from the original Development Order 88-02 and provide traffic conversions,without increasing the overall buildout traffic; amendment to regulations pertaining to vegetation and wildlife/wetlands to remove the 2.47 acre wetland "preserve" requirement; amendment to remove phasing schedule and obsolete development restrictions; amendment to master development plan; extension of termination date; and amendment to allow for biennial reporting; Section Two:findings of fact including revised legal description and correction of acreage; Section Three:conclusions of law; Section Four: effect of previously issued development order,transmittal to the Department of Economic Opportunity and providing an effective date. [PL20170002634] (This is a companion item to Planned Unit Development Amendment Petition PUDA-PL20170002330, Companion to Agenda Item 9.B.and Agenda Item 11.F) 9B. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development,to revise the legal description and correct the acreage of the MPUD;to update the master development plan including designating a Lake/Recreational Area, adding external access points along the eastern MPUD boundary and adding the '::oilier County Sports Complex;to provide conversions to allow additional hotels and motel units and the development of the Collier County Sports Complex, without increasing the overall originally approved buildout traffic;to provide deviations for signage,flagpoles, parking areas, landscape areas and buffers, architectural review standards, native vegetation and water management;to clarify permitted uses and add development standards for the Sports Complex, including building heights;to update building heights elsewhere in the MPUD;to remove outdated commitments;to add exhibits including exhibit A-3 permitted uses by SIC codes, Exhibit A-4 cross sections-north buffer, Exhibit A-5 sign deviation exhibit,and Exhibit A-6 required yard plan; providing for conflict and severability; and providing an effective date. [PL20170002330] Companion item to Development Order Amendment Petition DOA-PL20170002634,Agenda Item 9.A. and Agenda Item 11.F NO DISCLOSURE FOR THIS ITEM SEE FILE Ff Meetings Correspondence e-mails FICalls Meetings/Discussions with Nick Casalanguida, Leo Ochs & Ron Rice Ex parte Items - Commissioner William L. McDaniel, Jr. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 27, 2019 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ADVERTISED PUBLIC HEARINGS 9A. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to affirm the decision of the Collier County Planning Commission and approve a Resolution amending Development Order 88-02,as amended,the City Gate Commerce Park Development of Regional Impact, providing for Section One: amendments restoring language from the original Development Order 88-02 and provide traffic conversions,without increasing the overall buildout traffic; amendment to regulations pertaining to vegetation and wildlife/wetlands to remove the 2.47 acre wetland "preserve" requirement; amendment to remove phasing schedule and obsolete development restrictions;amendment to master development plan; extension of termination date; and amendment to allow for biennial reporting; Section Two:findings of fact including revised legal description and correction of acreage; Section Three:conclusions of law; Section Four: effect of previously issued development order,transmittal to the Department of Economic Opportunity and providing an effective date. [P120170002634] (This is a companion item to Planned Unit Development Amendment Petition PUDA-PL20170002330,Agenda Item 9.B. and Agenda Item 11.F) X NO DISCLOSURE FOR THIS ITEM SEE FILE I—Meetings (Correspondence Pie-mails nCalls 9B. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance No. 88-93, the City Gate Commerce Park Planned Unit Development,to revise the legal description and correct the acreage of the MPUD;to update the master development plan including designating a Lake/Recreational Area, adding external access points along the eastern MPUD boundary and adding the Collier County Sports Complex;to provide conversions to allow additional hotels and motel units and the development of the Collier County Sports Complex,without increasing the overall originally approved buildout traffic;to provide deviations for signage,flagpoles, parking areas, landscape areas and buffers, architectural review standards, native vegetation and water management;to clarify permitted uses and add development standards for the Sports Complex, including building heights;to update building heights elsewhere in the MPUD;to remove outdated commitments;to add exhibits including exhibit A-3 permitted uses by SIC codes, Exhibit A-4 cross sections-north buffer, Exhibit A-5 sign deviation exhibit, and Exhibit A-6 required yard plan; providing for conflict and severability; and providing an effective date. [P120170002330] (This is a companion item to Development Order Amendment Petition DOA-P120170002634,Agenda Item 9.A. and Agenda Item 11.F) X NO DISCLOSURE FOR THIS ITEM X SEE FILE FJMeetings M Correspondence Me-mails nCalls FilsonSue Subject: Mary Shea 595-1245, Liz Sanders, Dan Sullivan, Tracy Arman Gen Mgr of SpringHill Suites & Fairfield Inn re TDC Location: BCC Office Start: Fri 4/7/2017 1:00 PM End: Fri 4/7/2017 1:30 PM Recurrence: (none) Organizer: McDanielBill 1:00 is best. Thanks Sue. We want to learn more about Sports Complex,we support the 5th penny. This complex is in his district and we would like to get to know him and see how the Sports Council can support this and other projects going forward in District 5. The four names I sent you earlier are confirmed. Mary Shea Director of Membership Quail Creek Country Club 13300 Valewood Drive Naples, FL 34119 mshea@quailcreekcc.com 239-254-7418 Office 239-595-1245 Cell 1 FilsonSue Subject: Paul Nicolosi - 312-343-2940 re Sports Facility Location: BCC Office Start: Tue 4/18/2017 10:00 AM End: Tue 4/18/2017 10:30 AM Recurrence: (none) Organizer: McDanielBill Hello, I hope you are well. Since my presentation at NASC on Best Practices For Investing in World Class Sports Facilities, I have received some questions you might find interesting. Also since the presentation, the NASC /University of Ohio released a great report on the Current State of Sports Tourism. The report shows that total visitor spending associated with sports events topped $10.7 billion last year which is 26%higher than when it was last measured in 2012. The report also identifies 143 organizations across the U.S. that required funding for various improvements associated with sports tourism including lighting, guest amenities and artificial turf. 61% of these projects funded these projects with both public and private sources and only 9% were funded exclusively from private dollars. In addition to growth in revenue and public/private funding sources,the report identified that 27% of responding venues own their own tournaments which, they say, allows them to increase revenue for the complex itself and more fully engage the community in their facilities. The final statistic from the report which I found interesting is that respondents hosted an average of 53 sporting events per year which is 15% higher than in 2015. I hope that you find this information as interesting as I did. Thank you, Paul Nicolosi,Partner 815-265-6122 pnicolosi@nicgal.com Personal Profile From: Paul Nicolosi [mailto:paul@pnicolosi.com] Sent: Monday,April 3, 2017 10:08 AM To: McDanielBill<WilliamMcDanielJr@colliergov.net> Subject: County's investment in Sports Facilities discussed at 3-28-17 meeting Hi Commissioner McDaniel—I am a resident in Naples and while I was flipping through the TV channels on Saturday night I came across the County board meeting of March 28`h and decided to listen for a few minutes. I tuned in during the discussion on the motion to approve artificial turf on one of the county's fields. Ironically,the night before I just returned to Naples from speaking at the National Association of Sports Commissioner's annual meeting on the topic of local government collaboration for the development of regionally beneficial amateur sport facilities. I was asked to speak on this topic as a result of my experience in helping local government work together to assess, define,finance and manage such facilities for the dual purpose of providing their citizens with world class facilities to enjoy and positioning the facilities to serve as an economic development stimulator. I'm reaching out to you because you made asked an important question about whether there is any measurement of how the facilities benefit the area. I may have misunderstood your question but I understood it to be right on point to what I do and the talk I just gave. The answer you received I believe from a member of the county's staff was centered around who (teams and locals) use the facility. These are the two right questions for our community leaders to ask but while they are separate and distinct questions it is important for them to be conjoined so that the county's investment is deliberately done to achieve both the maximum economic impact and recreational use. These are two highly correlated attributes in that they make the financial case and in fact provide the funding sources for the county's investment in world class sports facilities for their citizens to play on. Needless to say,this is a subject that I am both highly focused on and passionate about. I would appreciate the opportunity to speak with you and share addition thought. Please let me know if you would be interested in getting together. Thanks Paul Nicolosi 312-343-2940 2 FilsonSue Subject: Groundbreaking Ceremony for Sport Complex Location: Fairfield Inn & Suites, 3808 White Lake Blvd Start: Mon 12/18/2017 11:00 AM End: Mon 12/18/2017 12:00 PM Recurrence: (none) Organizer: McDanielBill 11131 Ground Breaking Event PR.PDF All American Games and Collier County cordially invite you to attend an official groundbreaking ceremony to commemorate the future site of a year-round multi-sport complex in Collier County.The site will become the future home of the FBU National Championship tournament and other national sports events,with Florida's Paradise Coast as their centerpiece. WHAT An official groundbreaking ceremony to commemorate the future site of the Collier County Sports Complex,a multi-sport facility for year-round use. WHO Scheduled attendees include: Collier County Commissioners and dignitaries;student-athletes of Special Olympics Florida; Representatives of Manhattan Construction Company;Paradise Coast Convention and Visitors Bureau staff;All American Games executive staff;U.S.Army All-Americans and Naples natives Tyler Byrd,Oscar Shadley and George Takacs. The FBU National Championship is owned and produced by All American Games,America's premier sports marketing and management organization and the same company that brings you the U.S.Army All-American Bowl on NBC and Football University camps in more than 25 cities. WHEN Monday,December 18,2017 11:00 AM- 12:00 PM Media set-up: 10:30 AM WHERE SpringHill Suites,3798 White Lake Blvd,Naples(11:00 AM) --Press conference,statements,and brief question-answer session. --Requested media arrival: 10:30 AM. --Snacks and light refreshments to be served. Ground breaking site: coordinates 26°09'48.0"N 81°40'47.1"W(approximately 11:20 AM) FOLLOW Twitter: @FBU_NC I Instagram: @nationalchampionship I Web:FBUNC.com CONTACT Mike Ulatoski All American Games Manager,Marketing&Communications mulatoskiAallamericangames.com I (203)808-6601 1 We hope to see on Monday,December 18 to celebrate. Mike U STMki k. Maur.Marketing&Communications & 473_0 •1103 c 203.SOS.6601 "►.x..r.+.+sri ,w 100 Forge Was,Rockaway,Hi 07866 2 FilsonSue From: ModysJonell Sent: Friday, February 9, 2018 5:08 PM To: CaumEd Subject: Collier County Seeks Sports Complex Operator For Immediate Release Collier County Seeks Sports Complex Operator Emerging Sports Destination Issues Request for Information Naples, Fla. (February 10, 2018) —Collier County, Florida has issued a formal Request for Information (RFI) for Sports Complex Management Services. The county is in the process of developing a regional tournament- caliber amateur sports facility in multiple phases. The project will be constructed on two tracts of land east of downtown Naples totaling 120 acres. The project was conceived after extensive research determined an opportunity to support local demand and sports tourism. The research culminated in a comprehensive assessment, completed by Hunden Strategic Partners (HSP). The report identified three components for the initial sports complex: 1) Eight multipurpose fields and eight baseball/softball fields; 2) a multipurpose championship venue with 3,000 to 6,000 seats; and 3) a fieldhouse/indoor facility up to 125,000 square feet. The concept also calls for potential creative amenities to be designed in and around water management features and fields, such as walking and running trails, bicycle and running tracks, beach volleyball, and shaded rest areas. "The county is not locked into this field configuration," said Jack Wert, executive director of the Naples Marco Island, Everglades Convention and Visitors Bureau (CVB). "We want operators to tell us what they would need to make money in the amateur and youth sports environment. Our goal is to create the best facility in the country. When your think of field sports, we want you to think of Collier County, Florida," he added. Collier County is seeking responses to the RFI from organizations that have an interest in the management of the proposed sports complex. The county is specifically interested in understanding the types of services that qualified organizations can provide to the project. Through the RFI process, the county is interested in understanding the extent to which the private sector may be able to take on all or part of the management of the proposed outdoor sports complex and potential future phase indoor sports complex. Please visit www.colliercountyfl.qov to view solicitation #18-7310 for Sports Complex Management Services via the procurement division's BidSync system. Media Contacts: Ed Caum, ed.caum@colliercountyfl.gov, 239-252-5703 Jack Wert,jack.wert@colliercountyfl.gov, 239-252-2402 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 fit u Board of Collier County Commissioners AndySolis,Esq. Burti.Saunders Penny Taylor William L.McDaniel,Jr. Donna Fiala District 1 District 2 District 3 District 4 District 5 February 9, 2018 Ms. Sophie MacDonald 2221 Markley Avenue Naples, FL 34117 Dear Ms. MacDonald: Thank you very much for writing to me to share your concerns regarding the stadium. First, let me assure you that the landfill will not be moved to build the Sports Park. I have enclosed a map showing the sites for the recommended outdoor sports complex and their relative locations. The project was developed after extensive research determined that Collier County did not have adequate facilities that support sports tourism and there is growing local demand for field space. Until further notice, I am not opposed to the Sports Facility. It is my hope that the facility will be an asset to you as well as our other county residents. Again, thank you for writing to me. If I can answer questions for you in the future, please feel free to contact my office. my p W.10;440:0100' .niel, Jr., Vice Chairman commissioner, District 5 WLM:sf Enclosure ' neAS wi. t(la � 3299 Tamiami Trail East,Suite 303.Naples,Florida 34112-5746 239-252-8097 FAX 239-252-3602 : ` trategic rtners Pa Table A-1 Collier Ccuinty. Site Summa Hotels Access& Potential far Mitigation Eat Time to P14el Ownership t?e<relapr>tenf Visite Exenmsion Ctrs Development Closest #of #of 532 Node Hotels Rooms Site <1.5 miles 7 83 Yea Gdlier County 3tt5 Collier County New Excellent 305.6 Yes 1 B£) to t dn# <1.5 miles 7 532 Y City Gate Private New Excellent 153.0 Yes t yes magnolia pond Drive Private New Excellent 45 9 No 1St) Sixxt farm <1.5 miles 7 long-term Source:Collier Property Appraiser Office,Hunden Strategic Partners The Collier County 305 site is owned by the county and at more than 305 acres, is the largest site of the three proposed sites, The City Gate site is owned by one private owner anti is approximately 153 ages, Both the Collier County 305 and City Gate sites provide adequate acreage for the development of the recommended outdoor sports complex. The Magnolia'Pond t rive site is the smallest site at Hearty 46 acres and does;not provide for future expansion to accommodate growth in demand. However,the Copier County 31 5 and City Gate sites provide the footprint for future expansion. The following figure illustrates the sites for the recommended outdoor sports complex and their relative locations. Rigors A-1 t -.. tom , T `'-�- 3 , aA. ^°'',�`+^ ".- s- w n mss* �,-� . 3 wri , _ ' , c � S' rarer' � ,�4� t r �., � ""- # I Ott The following section describes each site, site concept plan and parking plan. Collier County Sports Market&Needs Assessment Study Addendum 1 -Page 3 - - % DE DAVIDSON Civil Engineering • Planning • Permitting ENGINEERING CELEBRATING 20 YEARS www.davidsonengineering.com March 27, 2018 Collier County Board of Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 Re: City Gate Commerce Park; Petition for Planned Unit Development Amendment and DRI Development Order Amendment;Petitions PL 20170002330 and P110170002634; March 27,2018 Agenda, Item 9 8. Ladies and Gentlemen: We are the agents for these Petitions which were heard by the Collier County Planning Commission on March 1, 2017. After several hours of hearing, the hearing was continued and resumed on March 15, 2017. At the conclusion of the hearing, the Planning Commission unanimously recommended approval of the Petitions. Shortly before the conclusion of the hearing, the Commission opened the hearing to members of the public for comment, and an individual residing on 31'Avenue SW spoke in opposition to the Petitions, particularly in opposition to the proposed Collier County Sports Complex. The opponent raised several points in opposition to the Sports Complex, and the purpose of this letter is to respond to those points. The matters raised by the opponent,and City Gate's response to each of these points is as follows: Traffic Congestion: The opponent stated that currently there is a problem of traffic congestion at certain times on Collier Boulevard in the vicinity of the intersection with Golden Gate Parkway,and that the Sports Complex would acerbate that problem. The Petitioner responds as follows: 1. City Gate has satisfied, through buildout, all of its PUD and DRI DO transportation conditions/commitments. The traffic impacts of the Petitions were thoroughly studied by Petitioner and reviewed extensively by the staff and Planning Commission and determined to be traffic neutral, consistent with the existing PUD. While the Land Use Conversion Matrix noted in the staff report was eliminated at the final CCPC hearing, the amendment still requires that the amended PUD, with the Sports Complex, will not generate any more traffic than originally approved. The City Gate development was approved in 1988,well before the construction of opponent's residence. 2. As part of City Gate's 2009 Developer Agreement, as amended; (a) City Gate prepaid millions in road impact fees to assist the County with the 2011 improvements to Collier Blvd./I-75. City Gate still has about$6,000,000 in unused impact fee credits, monies paid well in advance of its traffic impacts and which satisfies its fair share of the future planned Collier Blvd./Golden Gate Parkway intersection improvements. 4365 Radio Road • Suite 201 •Naples,FL 34104 • P:(239)434.6060 • F:(239)434-6084 1990 Main Street • Suite 750 • Sarasota,FL 34236 • P:(941)309-5180 DE DAVIDSON (b) The Developer Agreement, as amended, also sets forth how City Gate gave up property for right-of-way and other rights to collaborated with the County on the Wilson/Benfield corridor, an alternative roadway that will alleviate traffic impacts to Collier Boulevard within the vicinity of 1-75. Noise: The opponent raised the objection that the noise from outdoor activities to occur at the Sports Complex will create a noise nuisance to neighboring residential properties. The Petitioner responds to these claims as follows: 1. Deputy County Manager, Nick Casalanguida, on behalf the Sports Complex committed to the Planning Commission that amplification equipment used for night-time events will be oriented in a southerly direction, away from the residential areas. 2. Populous, the planning firm engaged to design the Sports Complex, had its sound consultant determined that the Sports Complex Stadium will either use a "sound cluster system" on the north end of the stadium, point it south and close off the back of the cluster system so little sound travels north or a"distributed audio system"for the seating area,which is more expensive, but produces less sound pollution.The noise pollution produced by the crowd is minimal. Light spill-over: The opponent raised the objection that the night-time activities at the Sports Complex would create a light nuisance on neighboring residential properties. The Petitioner responds to these claims as follows: 1. The PUDA contains a commitment, reviewed and approved by staff, to comply with "Dark Sky" guidelines. 2. See Memo from Justin Cox of Populous regarding LED Sports Field Lighting. Building Heights: The opponent raised the objection that the authorized height in the SPORTS COMPLEX would create a visually objectionable 85-foot high"wall".The Staff Report details the separation of the SPORTS COMPLEX from residential uses north of the PUD [page 11] and concluded that the proposed PUD Amendment will not reduce light and air to adjacent areas outside the PUD [page 13].1 Above all, the extensive and detailed analysis of the staff reports and the record of the Planning Commission hearing and findings shows that great pains were taken to identify and require mitigation of all legitimate concerns regarding the compatibility of the PUD amendment and particularly the SPORTS COMPLEX with surrounding residential uses. 1 In considering visual impacts,the authorized height of buildings in City Gate across the canal from opponent's property is 36 feet(43 feet actual height),and this authorized height is the same as was approved in the original PUD in 1988. Therefore, any analysis of the visual impact of the stadium must take into account the effect an authorized-height building on City Gate Boulevard North would have on sight lines from opponent's property to the stadium. DE DAVIDSON E N G I N E E R N G Respectfully submitted, CG II, LL 85' MWN, LLC,City Gate Development, LLC P is osh Fruth,Vice Presid•nt Davidson Engineering, nc. And By: Ro er B. Rice, Attorney at Law Petitioner's Agents POPULOUS' MEMO PROJECT NAME Collier County Sports Complex PROJECT No. TO Josh Fruth-Davidson Engineering FROM Justin Cox-Populous DATE 03/26/18 SUBJECT Sports Field Lighting ❑UPS 2nd Day 0 Email COPIES SENT VIA 0 UPS Ground 0 US Mail ❑UPS Next Day 0 Saturday Sports Field lighting has come a long way from your basic flood lights mounted atop a post. The recent introduction of LED Sports Field Lighting from manufacturers such as Musco, has allowed for greater control of how much light is produced, and where it is aimed. The point source nature of LED lighting allows manufacturers to create optics to aim lighting where it is needed most, and away from where it is not desired. These optics significantly reduce glare, spill, and sky glow for athletes, spectators, and the facility's surrounding area. Further, most LED sports lighting fixtures feature fully cut-off light sources to comply with Dark Skies. Attached is a light study performed on the recently completed Kansas City Urban Youth Academy located in the heart of Kansas City, Missouri. The project is bordered on the east side by a residential development. Given the direct adjacency to the project,the residents were very concerned about the field lighting illuminating their residences at night. Populous worked with Musco Lighting to provide a playing field lighting solution that met the needs of both the complex and the neighboring community. As part of the project, a pre and post-condition light study was conducted to measure the impact the sports lighting had on the neighboring property.As you will see, the lighting technologies employed by Musco produced minimal light increase(foot candles)to the surrounding property. Additionally, below are before and after images of a high school stadium project completed by Musco Lighting (photos taken from Musco Lighting website), displaying the advancement of sports lighting technology through the use of LED lighting. Items of note displayed in these photos are the reduced glare illuminating off field areas, as well as the directional light focused on the playing field. • 4100 • BEFORE AFTER (with matching camera settings) 4800 Main St.,Suite 300 T +1 816 221 1500 info@populous.com Kansas City,MO 64112,USA F +1 816 221 1578 populous.cam POPULOUS" MEMO 2 Page COLLIER COUNTY SPORTS COMPLEX ge03/26/18 of 2 2 of 2 s BEFORE AFTER (with matching camera settings) a i BEFORE AFTER (with matching camera settings) • • BEFORE AFTER (with matching camera settings) POPULOUS' MEMO PROJECT NAME Collier County Sports Complex PROJECT No. TO Josh Fruth-Davidson Engineering FROM Justin Cox-Populous DATE 03/26/18 SUBJECT Sports Field Sound Pollution ❑UPS 2nd Day ❑Email COPIES SENT VIA 0 UPS Ground ❑US Mail ❑UPS Next Day ❑Saturday We have spoken with an AN consultant we regularly utilize on our larger stadium projects, regarding the sound pollution that could be associated with the Collier County Sports Complex, and the potential impact it could have on the surrounding properties. There are several approaches that can be employed to minimize the impact of crowd noise and announcements made at the stadium, and complex in general. First, we have proposed to distance the stadium from the neighboring properties by over 100 yards, and have further buffered it through the use of dense existing vegetation. Next, there are multiple strategies we can use in regards to the sound system design, to minimize the amount of noise pollution that would be produced. The first of which is to utilize a distributed audio system in which multiple, smaller speakers are distributed throughout the stadium to distribute sound. This allows sound from each speaker to be distributed at a lower volume, while maintaining the desired effect. This strategy, while having a higher cost, is the most efficient way to minimize sound pollution. The second strategy is to use a sound cluster located within the current proposed location for the scoreboard, at the north end of the stadium. This strategy focuses sound to the south, away from the residences to the north. The sound cluster would then be closed off on the north side, minimizing the amount of sound that travels to the north. This strategy, while having a lower cost, is not as efficient in minimizing noise pollution. Noise pollution in relation to crowd noise should be considered minimal when compared to the noise of the sound system. 4800 Main St,Suite 300 T +1816 221 1500 info@populous.com Kansas City,MO 64112,USA F +1816 2211578 populous.com