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Resolution 2018-064/D.O. 2018-01 DEVELOPMENT ORDER NO. 2018- 01 RESOLUTION NO. 2018- 6 4 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. [PL201700026341 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 [17-CPS-01718/1402757/1]218 Underlined text is added; Struck }gh text is deleted. Citygate DR1/PL20170002634 3/27/18 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 March 27, 2018, 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 Citygate City Gate Commerce Park Planned Unit Development for 287.187 291.55 acres of land for a commercial development described in Development Order 88 02, as amended which includes: 90,000 square feet of commercial, 836,000 square feet of office, 1,920,000 square feet of Industrial, gas [17-CPS-01718/1402757/1]218 Underlined text is added; Struck-through text is deleted. Citygate DRUPL20170002634 3/27/18 Page 2 of 8 CA 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. ("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. -- A - - - -- - - -- - -- .- -- -- -- - -- - - - -- •-- - ' • - thall be preserved. 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. [17-CPS-01718/1402757/1]218 Underlined text is added;rough text is deleted. Citygate DRUPL20170002634 3/27/18 Page 3 of 8 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 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. -- . - . . - . . - - -- . . • 9 • . . .. . . -- date of development order approval with phase endings modified as follows: Phase I 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 within the development order to mitigate regional impacts, arc not carried out to the octent or in accordance with the timing schedule specified within the development deviation for the affected regional issue. The Citygate project contains 209 acres of building sites. exclusive of streets, lakes, and other non building site areas. Until the wetland jurisdiction lines and the Red Cockaded Woodpecker Management Plan have been refreshed. any necessary Master . . • - ` - s e • •.-, a complete new TIS prepared, and a new DOA approved, development i.c.. building permit issuance, shall be limited to 15% of the 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 usement in which there arc no jurisdictional wetlands and in which no Red Cockaded Woodpecker nesting or foraging area has been established. Water management facilities to accommodate the initial development area may occur_ east of the FPL easement. as provided for in SECTION ONE: Paragraph 4.c. of Development Order 90 4. **** E. Conclusions of Law, Section 10 of Development Order 88-02, "PUD DOCUMENT", is hereby amended as follows: [17-CPS-01718/1402757/1]218 Underlined text is added; Struck-through text is deleted. Citygate DRI/PL20170002634 3/27/18 Page 4 of 8 10. PUD DOCUMENT: 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. However-,- in owever,in the event that significant physical development has not commenced within twelve (12) -•• -, ..•: -• . .:••ent order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on October 27 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, • • . • • ! • . . •• • • . • •• . Affairs. 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. **** [17-CPS-01718/1402757/11 218 Underlined text is added; Struck i text is deleted. Citygate DRUPL20170002634 3/27/18 Page 5 of 8 C'q SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment, consists of 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 [17-CPS-01718/1402757/1]218 Underlined text is added; St,-.,%gr text is deleted. Citygate DRI/PL20170002634 3/27/18 Page6of8 2011 Extension—4 years 10/27/2025 380.06(19)(c), F.S. Proposed 4 years 364 days 10/26/2030 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. [17-CPS-01718/1402757/1]218 Underlined text is added;Struck through text is deleted. Citygate DRI/PL20170002634 3/27/18 Page 7 of 8 nz'. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and favorable vote. Done this 0? day of fl 1_a-r k , 2018. ATTEST: BOARD OF CO ' ' Y COMMIS NERS DWIGHT E BROW, CLERK COLLIER C O I T LORID 0,-A-kkACC—C;--ki\-Ay: A Attest asto,QhJerk ANDY SOLIS, Chairman signature only, Approved as to form and legality: COUtitv 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-01718/1402757/11 218 Underlined text is added; Struckthr-ough text is deleted. Citygate DRI/PL20170002634 3/27/18 Page8of8 6-) 5b q 8 , /, — — — ��- - - - - - - - - - - — e i- --- .- `L -------===1_1:- In ..— .2.2:,==_.7.::: --- -- OLE--D GI v ) _ _--__ COLLIERBOIriEVARD— — ` �_: _ �:�--COLLIERBOULEVAR z g _ — - _. � —7 if C R.951 -y�'i '`� '_—"-------- ----- .`c r_"__ ' 4� ti� it ........ ------ _ m ���T1 ! i 5 f f "m rtm 1 —_ — .J m p r, v , , .�/ - _.—.—�. _..— —.— i...—__1.—_ -� — T -_.____ �..... 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J GG II,LLCd �A� -- 850 NWN,LLC ...mnano:alv.STARF ' 881=I _ 1655 ql d .IFFY TRE. 159 SOUTH MAIN STREET. 1M.. �` > Wp4a W SUITE 500 oa0x r .... ,:z,�,,,SOSO ,,,,,o„ MASTER DEVELOPMENT PLAN AKRON,OHO �— -"-'-`- c......”...,, <.m..,c., J l Ism 99e.ozn .4...'' DE Exhibit B DAVIDSON fN0 NF FRi NG 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°21108" 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 (1-75) SHEET 8 OF 10; THENCE NORTH 89°31'01" 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°47114" 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 89031101" 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 PUDA—PL20170002330 Attachment B— Legal Description January 22,2018 www.davidsonengineering.com 0 DAVIDSON DE 1'4C 14Ew kt NG 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 �O� 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 I of C 0 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. 2 Page S of I 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 3� 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 of I 0 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 Page 5 of I A- 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(of 11 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 I 0:5 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. rage., $, 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. Page,C1 of 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 D of 1 -4" 0 SUBSTANTIAL DEVIATION DETERMINATION CHART Hotel/Motel #Rental Units NO CHANGE Floor space(gross square feet) NO CHANGE #Parking Places NO CHANGE #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. #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. P,rge 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 Site locational changes NO CHANGE Preservation(cont.) 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 0 • SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL RECEIPT AND REVIEW FEE AGREEMENT FOR REVIEW OF DEVELOPMENTS OF REGIONAL IMPACT APPLICANT REGIONAL PLANNING COUNCIL USE ONLY Joseph R. Weber Name PROJECT IDENTIFICATION Address 121 S. Main Street, Suite 500 NAME: Akron, OH 44308 Telephone (239)593-1002 NUMBER: E-mail Roger@attyrogerrice.corn COORDINATOR: AUTHORIZED AGENT DATE RECEIVED:_ Frederick E. Hood,AICP, Davidson Engineering, Inc. Name 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 Collier GENERAL LOCATION Collier and City Gate Boulevards Name of ProjectCity Gate Commerce Park Former Project Name(s) for this site(if applicable)__ SWFRPC Review Fee Agreement ver072006 Page jL of ) 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 thisday 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-1) or prior to conducting a preapplication conference in accordance with Section 380.06(7), Florida Statutes, whichever 2 SWFRPC Review Fee Agreement ver072006 Page.11 of 1 4 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 (9J2-0252(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")of_ , 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(i) of I -4- SWFRPC to pay to APPLICANT interest on the unpaid balance at the rate of one percent (1%) 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 By: By::—d ��/c L"t Title: itl :Josep R. Weber, Vice President Dated the day of 20 - Dated the / 7 day of A7 ,20 T7 5 SWFRPC Review Fee Agreement ver072006 Page J of ja