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Backup Documents 11/09/2010 Item #17B11 C0I1)MC0.VNTYPL0RB)A REQUEST FOR LEGAL AbVIUMS1NG OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: = Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: CDESJZonins Person: Kay Deselem, AICP Date: JO I f 0 Petition No. (If none, give brief description): DOA- PL2010 -843, City Gate Commerce Park Petitioner: (Name & Address): Mr. Josh Froth, Davidson Engineering, 3530 Kraft Road, Suite 301, Naples, FL 34105 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) 850 NWN LLC, 159 S. Main Street, Suite 500, Akron, OH 44309 Hearing before BCC BZA Other Requested Hearing date: November 9, 2010 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Sim: Petition: DOA- PL2010 -843, 850 NWN, LLC, CG II, LLC & CityGate Development Inc., represented by Josh Fruth of Davidson Engineering Inc., requesting an amendment to the City Gate DRI Development Order to conform to the City Gate Habitat Conservation Plan and the City Gate Federal Fish and Wildlife Permit. The amendment is to the City Gate DRI Development Order 90 -4 [Collier County Resolution # 90 -431], Section 4 entitled Vegetation and Wildlife/Wetlands, in particular paragraph c entitled Off -site Mitigation and paragraph d entitled Red Cockaded Woodpecker Management plan. This project is located at the intersection of Collier Boulevard (CR 951) and City Gate Boulevard North in Section 35, Township 49 East, Range 26 South, Collier County, Florida. (Coordinator: Kay Deselem, AICP Principal Planner) Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed by: a Divisio dministrator or Designee List Attachments: /0• /�• /U Date DISTRIBUTION INSTRUCTIONS _For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: t ol V.1 10 Date of Public hearing: I [ I I I I o Date Advertised: -LU . Lf I 1 1 i 178 DEVELOPMENT ORDER 2010 - RESOLUTION NO. 2010- A RESOLUTION AMENDING DEVELOPMENT ORDER 88 -02, AS AMENDED, THE CFFYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE: AMENDMENT TO REGULATIONS PERTAINING TO RED COCKADED WOODPECKERS; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND PROVIDING AN EFFECTIVE DATE. 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 904, Resolution No. 90431 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 WHEREAS, 850 NWN, LLC, a Florida limited liability company, and CG II, LLC, a Florida limited liability company, (collectively "Owners ") own the DRI property east of the Florida Power & Light Easement; and WHEREAS, the Owners, after formal consultation with the United States Fish and Wildlife Service, applied for the approval of a Habitat Conservation Plan and for a Federal Fish and Wildlife 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.), which, among other things, incorporates the latest Red Cockaded Woodpecker ( "RC W ") management methods and mitigation strategies; and WHEREAS, the United States Fish and Wildlife Service approved 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; and Underlined text is added; 9"eje dveugh text is deleted. Page t of 9 170 1 WHEREAS, the U.S. Fish and Wildlife Service issued to Owners a Federal Fish and Wildlife Permit TE145823 -0, issued July 1, 2009 ( "City Gate Federal Permit'); and WHEREAS, the City Gate Federal Permit incorporates the latest RCW mitigation strategies; and WHEREAS, the RCW mitigation strategies and management methods found in the 1990 DOA vary from the RCW mitigation strategies and RCW management plan found in the City Gate HCP and City Gate Federal Permit; and WHEREAS, the proposed changes are required to conform to a pemrit approved by the United States Fish and Wildlife Service, and these changes do not create any additional regional impacts; and WHEREAS, Roger B. Rice, of Roger B. Rice, P.A., representing the Owners, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order by amending the 1990 DOA; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on 2010; and WHEREAS, on , 2010, the Board of County Commissioners, at a public hearing in accordance with Section 380.06, Florida Statutes, having considered application of proposed changes to the Development Order by amending the 1990 DOA, 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 Stair 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 Conclusions of Law, Section 4 of Development Order 88 -2, as amended, "Vegetation and Wildlife/Wetlands ", is hereby amended by deleting subparagraphs b, c, and d in their entirety and adding a new subparagraph b 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. b. The Red Cockaded Woodpecker Management Plan shall be the Red Cockaded Woodpecker Management Plan provisions in the City Gate Habitat Conservation Underlined text is added; Stwsk dwough text is deleted. Page 2 of 9 17B 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 sea.). 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 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. NO Underlined text is added; Stmokthreugh text is deleted. Page 3 of 9 m Underlined text is added; Stfuelchveegk text is deleted. Page 4 of 9 I WO Underlined text is added; Stfuelchveegk text is deleted. Page 4 of 9 178 I�R3T�R'F. 1SA��F!!ITJ '.[ 1. T. IT. E! 7!lTllf.l�7f............!..!.!!. MOROI Y Underlined text is added; Struck through text is deleted. Page 5 of 9 17B 71 Underlined text is added; Stmek tkfetigh text is deleted. Page 6 of 9 Om . - ._ .. OWN MIN 1. FNI _ _ _ , Underlined text is added; Stmek tkfetigh text is deleted. Page 6 of 9 SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19)(e)2., Florida Statutes. The applicant submitted to the County notice as required by Section 380.06(19)(e)2. which provides "This Subsection does not require the filing of a notice of proposed change but shall require an application to the local government to amend the Development Order ...." C. A review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments. Underlined text is added; Stmslc i#veugh text is deleted. Page 7 of 9 �.. .. ��. _ SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19)(e)2., Florida Statutes. The applicant submitted to the County notice as required by Section 380.06(19)(e)2. which provides "This Subsection does not require the filing of a notice of proposed change but shall require an application to the local government to amend the Development Order ...." C. A review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments. Underlined text is added; Stmslc i#veugh text is deleted. Page 7 of 9 �.. ��. _ SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19)(e)2., Florida Statutes. The applicant submitted to the County notice as required by Section 380.06(19)(e)2. which provides "This Subsection does not require the filing of a notice of proposed change but shall require an application to the local government to amend the Development Order ...." C. A review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments. Underlined text is added; Stmslc i#veugh text is deleted. Page 7 of 9 17B I 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. The proposed changes to the previously approved Development Order fall within Subsection 380.06(19)(e)2.h, Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06(19)(e)2.h, Florida Statutes. The proposed changes are required to conform with federal permits. 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)l. and Section 380.06(19)(e)2.h., 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 Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. Underlined text is added; Struck tttreugk text is deleted. Page 8 of 9 17B C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this —day of 2010. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko t Assistant County Attorney CP \10- CPS - 01033\16 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Underlined text is added; Struck- t4ough text is deleted. Page 9 of 9 M ;{ HOLE. MONTES AND ASSOC.. INC CONSULTING ENGINEERS - LAND SURVEYORS LEGAL DESCRIPTION 17C HNIA File No, 85.23 9!30!86 Sheet 1 of 2 The North half of Section 35, Township 49 South, Range 26 East, Collier County, Florida LESS the West 100.00 feet thereof for right -of -way purposes and LESS the following described parcels: A parcel of land being a porti on of the Northwest cua r.er of Section 35, Township 49 South, Range 26 East, Collier County, Florida. Being more particularly described as follows: Commencing at the quarter Section corner, common to Sections 34 and 35, Township 49 South, Range 26 East, Collier County, Florida. Said quarter corner being marked with a 4" x 4" concrete monument having a 3 -inch brass cap attached to the top thereof, with a 314 -inch iron pipe; thence along the Section line between said Sections 34'and 35, North 00 °29'15° West, 1,382.43 feet to a point on the centerline of the 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 along said centerline of the proposed Access Road No. 1 North 89- 31'01" East, 100.00 feet to a point on the East right -of -way line of a canal, said point also being on the centerline of the proposed access road to the water treatment plant parcel; thence along said East canal .right -of -way Tine North 00029115" West, 50.00 feet to a 4" x 4" concrete monument marking the Northwest corner of the proposed access road right -of -way to the water treatment plant parcel; and being the true POINT OF BEGINNING of the parcel to be herein described; thence along the North line of said access road right -of -way North 89 °31'01" East, 456.51 feet to a 4" x 4" concrete monument marking the intersection of said North right -of -way with the West boundary line of the water treatment plant parcel; thence along said West boundary line North 000476140 - East, *994.98 feet to an Iron rod on the Westerly right -of -way of a strip of land 170 feet in width for a Florida, Power 8 Light Company (FPBL) right -of -way. as described in Official Records Book 681, Page 1210, Collier County Records; thence along said Westerly. FPBL right -of -way North 31 030'28" East, 70.02 feet to an iron rod; thence continuing along said Westerly FPBL right -of -way South 58030'03" East, 761.56 feet to a 4" x 40 concrete monument; thence continuing along said Westerly FP6L right -of -way South 00047114" West, 1,066.70 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FP6L right -of -way South 00047'14" West, 332.74 feet to an iron rod marking the intersection of said Westerly FP6L right -of -way with the South line of the North half of the South half of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Collier County, Florida; said point also being the Southeast corner of the parcel being herein described; thence along said South line of the North half of the South half of the Northwest quarter of Section 35, South 89004140" West, 690.82 feet to a 4" x 4" concrete monument; said 170 17C HMA File No. 85.23 9130/86 Sheet 2 of 2 point being the Southwest corner of the parcel being herein described: thence along the West boundary tine of said parcel North 00 °47114° East, 653.80 feet to a 4" x 4" concrete monument marking the intersection of the West boundary of the water treatment plant parcel with the South right- of -wav of the proposed access road to the water treatment plant parcel: thence along said South right -of -way South 89 031101" West, 454.28 feet to a 4" x 4" concrete monument marking the intersection of said access road South right -of -way with the East right -of -way of a -canal -; thence-along said - canal- -East right-of-way North 00 °29'1.5" - West 100.00 feet to the POINT OF BEGINNING. AND A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: . Begin on the South line of the North half of said Section 35, at a point North 89 000101" East 100.00 feet from the Southwest corner of the North half of said Section 35, thence run North 00 °29115" West, 1,334.19 feet, thence South 04 °21108" East, '296:92 -feet, thence South 0704612511 East; 750.60 feet to- the- -" - beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Southerly along said curve 240.58 feet, through a central angle of 41 °01'29" to the end of said curve, thence South 43 0471544 East, 94.86 feet to the South line _ of the North half of said Section 35, thence South -89 "00'01 ° - - -- -- West, 206.27 feet to the POINT OF BEGINNING. AND A portion of the North half of Section 35, Township 49 South, Range 25 East; being described as follows: Begin on the South line of the North half of said Section 35, at -- - a point North 89 °00101 ". East, 306.27 feet from the Southwest . corner of the North half of said Section 35, thence run North 43 "47'54" West, 94.86 feet to the beginning of a curve concave to the Northeasterly having a radius of 336.00 feet, thence run Northwesterly along said curve 240.58 feet through a central angle of 41 001'29" to the end of said curve, thence North 02 "46125" West, 750.60 feet, thence North 04021'08" West, 296.92 feet, thence North 00029015" West, 85.00 feet, thence North 89 0311014 East, 64.42 feet, thence South 04 021'08" East, 378.34 feet, thence South 02 046125" East, 751.56 feet, to the beginning of a curve concave to the Northeasterly having a radius of 266.00 feet, thence run Southeasterly along said curve 190.46 feet, through a central angle of 41 "01129" to the end of said curve, thence South 43 "47154" East, 159.68 feet to the South line of the North half of said Section 35, thence South 89 000101" West, 95.40 feet to the POINT OF BEGINNING. - Containing 287.187 acres, more or less. 3 HOLE. MONTES & ASSOCIATES, INC. 170 Acct #068779 October 18, 2010 Attn: Legals Naples Daily News 1 100 Immokalee Road Naples, FL 34110 Legals Re: DOA- PL2010 -843 City Gate Commerce Park Dear Legals: Please advertise the above referenced petition on Sunday, October 24, 2010 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500096189 CE OF INTENT TO CONSIDER RESOLUTION 178 Notice is hereby given that on Tuesday, November 9, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a Development Order Amendment. The meeting will commence at 9:00 A.M. The title of the proposed Development Order /Resolution is as follows: A RESOLUTION AMENDING DEVELOPMENT ORDER 88 -02, AS AMENDED, THE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE: AMENDMENT TO REGULATIONS PERTAINING TO RED COCKADED WOODPECKERS; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND PROVIDING AN EFFECTIVE DATE. Petition: DOA- PL2010 -843, 850 NWN, LLC, CG II, LLC & CityGate Development Inc., represented by Josh Fruth of Davidson Engineering, Inc., requesting an amendment to the City Gate DRI Development Order to conform to the City Gate Habitat Conservation Plan and the City Gate Federal Fish and Wildlife Permit. This amendment is to the City Gate DRI Development Order 90 -4 [Collier County Resolution #90 -431], Section 4 entitled Vegetation and Wildlife /Wetlands, in particular paragraph c entitled Off -site Mitigation and paragraph d entitled Red Cockaded Woodpecker Management plan. This project is located at the intersection of Collier Boulevard (CR 951) and City Gate Boulevard North in Section 35, Township 49 East, Range 26 South, Collier County, Florida. Copies of the proposed Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost 7 8 to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Couni - of Collier 17B CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts 3301 TAMIAMITRAIL EAST Clerk of Courts P.O. BOX 413044 Accountant NAPLES, FLORIDA X4101 -3044 Auditor Custodian of County Funds October 18, 2010 850 NWN, LLC 159 S. Main Street, Suite 500 Akron, OH 44309 RE: DOA- PL2010 -843: City Gate Commerce Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Ann Jenne(o��C J> Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Finail: collierelerk�acollierclerk.com CotptY�6f Collier 170 CLERK OF THE CIRCUIT COURT Dwight E. Brock COLLIER COUNTY COURTHOUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI TRAIL EAST Accountant P.O. BOX 413044 NAPLES, FLORIDA�4101 -3044 Auditor Custodian of County Funds October 18, 2010 Josh Fruth Davidson Engineering, Inc. 3530 Kraft Road, Suite 301 Naples, FL 34105 RE: DOA- PL2010 -843: City Gate Commerce Park Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, November 9, 2010 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 24, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK l—u -C Ann Jenn Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierclerk.com Email: collierclerk(kcollierclerk.com Ann P. Jennejohn To: Naples Daily News Legals Subject: DOA- PL2010 -843 City Gate Commerce Park Attachments: DOA- PL2010- 843.doc; DOA- PL2010- 843.doc Good Morning, Please advertise the attached on Sunday, October 24, 2010. Thank you. Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252- 8408(Fox) 1 W 17B Ann P. Jennejohn From: postmaster @collierclerk.com Sent: Monday, October 18, 2010 10:50 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT47880.txt; DOA- PL2010 -843 City Gate Commerce Park This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com l7B Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Tuesday, October 19, 2010 1:38 PM To: Ann P.Jennejohn Subject: Ad Confirmation Attachments: UAS2672.jpg Here you go & sorry about that, I'm glad you checked. Thank you for placing your ad. Ad Number 1873151 Total Ad Cost $300.66 Emely Pagan 213 -6061 NOTICE OF INTENT TO CONSIDER RESOLUTION 1 7 B Notice is hereby given that on Tuesday, November 9, 2010, In the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Ta- miami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a Development Order Amendment. The meeting will commence at 5:00 A.M. The title of the proposed Development Order /Resolution is as follows: A RESOLUTION AMENDING DEVELOPMENT ORDER 88 -02, AS AMENDED, THE CITY - GATE COMiv1ERCE PARK DEVELOPMENT Of REGIONAL IMPACT, PROVIDING FOR SECTION ONE: AMENDMENT TO REGULATIONS PERTAINING TO RED COCKADED WOODPECKER5, SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW: SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER. TRANSMITTAL TO DCA AND PROVIDING AN EFFECTIVE DATE. Petition: DOA- PL2010.843, a50 NWN. LLC. CG F, LLC & CityGate Development Inc., represented by Josh FrUth of Davidson Engineering. Inc., requesting an amendment to the City Gate DRI Development Order to conform to the City Gate Habitat Con- servation Plan and the City Gate Federal Fish and Wildlife Permit. This amendment is to the City Gate DRI Development Order 904 (Collier County Resolution #90- 431], Section 4 entitled Vegetation and Wildlife/1Netlands, in particular paragraph c entitled Off -site Mitigation and paragraph d entitled Red Cockaded Woodpecker Management plan This project is located at the intersection of Collier Boulevard 51) {CR 9 and City Gate Boulevard North in Section 35, Township 49 East, Range 26 South, Collier County, Florida. Copes of the proposed Resolution are on file with the Clerk to the Board and are avaiiable for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak an any aggenda item must register with the County administrator ppnor to presentation of the agenda item to be addressed. in- dividual speakers will be limited to 3 minutes on any item. The selection of an indi- vidual to speak on behalf of an organization or group is encouraged. if recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intender) to be considered by the Etoard shall be submitted to the appropriate County staff a minimum of seven days finor to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertainin thereto and therefore, may need to ensure that a verbatim i cord of the proceedings is made, which record includes the testimony and evi- denceupon which the appeal is based. If you are a person with a disability who needs any accommodation in order to par- ticipate in this proceeding: you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office BOARD OF COUNTY COMMISSIONER5 COLLIER COUNTY. FLORIDA FRED COYLE, CHAIRMAN DWIGHT E BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) October 24, 2010 No1873151 17B Ann P. Jennejohn From: Naples Daily News [naplesnews @clicknbuy.com] Sent: Sunday, October 24, 2010 12:30 AM To: Ann P. Jennejohn Subject: Thank you for placing your classified advertisement. Ad # 1873151 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, November 9, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiamj Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a Development Order Amendment. The meeting will commence at 9:00 A.M. The title of the proposed Development Order /Resolution is as follows: A RESOLUTION AMENDING DEVELOPMENT ORDER 88- 02, AS AMENDED, THE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE: AMENDMENT TO REGULATIONS PERTAINING TO RED COCKADED WOODPECKERS; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND PROVIDING AN EFFECTIVE DATE. Petition: DOA- PL2010- 843, 850 N WN, LLC, CG 11, LLC & CityGate Development Inc., represented by Josh Froth of Davidson Engineering, Inc., requesting an amendment to the City Gate DR[ Development Order to conform to the City Gate Habitat Conservation Plan and the City Gate Federal Fish and Wildlife Permit. This amendment is to the City Gate DRI Development Order 90 -4 [Collier County Resolution 490431 ], Section 4 entitled Vegetation and Wildlife/Wetlands, in particular paragraph c entitled Off -site Mitigation and paragraph d entitled Red Cockaded Woodpecker Management plan. This project is located at the intersection of Collier Boulevard (CR 951) and City Gate Boulevard North in Section 35, Township 49 East, Range 26 South, Collier County, Florida. Copies of the proposed Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who dccides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252- 8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) October 24, 2010 No1873151 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokamev. who on oath says that she serves as the Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on October 24, 2010 Awfiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County. Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida. each day and has been entered as second class mail matter at the post office in Naples. in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and Mant further says that he has neither paid nor promised any person, firm of corporation an, discount, rebate. commission or refund for the purpose of securing this advertisement for publicatiop in the syud newspaper. ( Signature of affiant) Sworn to and subscribed before me This 29" day of October, 2010 (Signature of not e wtEDGO`[uiGtUAPM1t1 �F' ' GfllK By: Mn knmlohn, Mputy.4xtc . ffMnFU Ze Mtn 4 l� �fl >3r51 DI ri0I Ida Cbnn i r.ey Jhi 29, 207;5 L'orimissicn „„ ,a N) 912237 e wtEDGO`[uiGtUAPM1t1 �F' ' GfllK By: Mn knmlohn, Mputy.4xtc . ffMnFU Ze Mtn 4 l� �fl >3r51 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO u THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item) ROUTING SLIP Complete routing lines Wl through N4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routine lines 41 through #4 complete the checklist and f ward m s— P,Ien , n:.,., xct Route to Addressee(s) List in muting order Office Initials Date 1. Judy Puig GMD Planning & Regulation/Operations (Initial) IQ �fl 2. November 9, 2010 Agenda Item Number 173. 3. ki 4. Number of Original I Attached 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Il 10 I D 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Kay Deselem Phone Number 252 -2931 Contact appropriate. (Initial) Applicable) Agenda Date Item was November 9, 2010 Agenda Item Number 173. Approved by the BCC ki Type of Document Number of Original I Attached ol Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03 04, Revised 1 26 05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attomey. This includes signature pages from ordinances, CD resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and 2ossibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's �� Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the �p document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's fD signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. �D Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC November 9, 2010 and all changes made during the meeting have been incorporated in the attached document. The County /0 Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03 04, Revised 1 26 05, Revised 2.24.05 17B MEMORANDUM Date November 15, 2010 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2010-223/D.O. 2010-01: Amending City Gate DRI Development Order #90 -4 to conform to the City Gate Habitat Conservation Plan and Federal Fish & Wildlife Permit Attached for your records is a copy of the document referenced above, (Item #17B) adopted by the Board of County Commissioners November 9, 2010. I have also forwarded certified copies to the State of Florida Department of Community Affairs and the Southwest Florida Regional Planning Council. The Minutes and Record's Department will hold the original in the Official Record's of the Board. If you have any questions, please feel free to call me at 252 -8406. Thank you. Attachment 17B MEMORANDUM Date: November 15, 2010 To: Heidi Ashton - Cicko, Land Use Section Chief County Attorney's Office From: Ann Jennejohn, Deputy Clerk Board Minutes & Records Department Re: Resolution 2010- 223/D.O. 2010 -01: Amending City Gate DRI Development Order #90 -4 to conform to the City Gate Habitat Conservation Plan and Federal Fish & Wildlife Permit Attached for your records is a copy of the document referenced above, (Item #1713) adopted by the Board of County Commissioners November 9, 2010. I have also forwarded certified copies to the State of Florida Department of Community Affairs and the Southwest Florida Regional Planning Council. The Minutes and Record's Department will hold the original document in the Official Records of the Board. Thank you. Attachment County. of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock Clerk of Courts November 15, 2010 COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101 -3044 Southwest Florida Regional Planning Council Mr. Daniel Trescott, Principal Planner Development of Regional Impact Coordinator 1926 Victoria Avenue Ft. Myers, Florida 33901 Lug Clerk of Courts Accountant Auditor Custodian of County Funds Re: Resolution 2010- 223/DO 2010 -01: Amending Collier County Development Order #90 -4 (the City Gate DRI) to conform with the City Gate Habitat Conservation Plan and a City Gate Federal Fish and Wildlife Permit Dear Mr. Trescott: Transmitted herewith is a certified copy of the above referenced document, adopted by the Board of County Commissioners of Collier County, Florida on Tuesday, November 9, 2010. Very truly yours, DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Websitc: www.collierclerk.com Email collierclerk(aicollierclerk.com County.of Collier CLERK OF THE CIRCUIT COURT Dwight E. Brock Clerk of Courts November 15, 2010 COLLIER COUNTY COUR "I'HOUSE 3301 TAMIANII TRAIL EAST P.O. BOX 40044 NAPLES. FLORIDA X4101 -3044 A. 17B Clerk of Courts Accountant Auditor Custodian of County Funds Brenda Winningham, Comprehensive Planner State of Florida Department of Community Affairs Southwest/Northeast Region Division of Community Planning Development of Regional Impact Section 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 -2100 Re: Resolution 2010- 223/DO 2010 -01: Amending Collier County Development Order #90 -4 (City Gate DRl) to conform with the City Gate Habitat Conservation Plan and City Gate Federal Fish and Wildlife Permit Dear Ms. Winningham, Transmitted herewith is a certified copy of the above referenced document, adopted by the Board of County Commissioners of Collier County, Florida on Tuesday, November 9, 2010. Very truly yours, DWIGHT E. BROCK, CLERK ILW ejo_�O' Ann Jen Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Websitc: www.collierclerk.com FinaiL collie rclerk(dcollierclerk.com 17B DEVELOPMENT ORDER 2010- 01 RESOLUTION NO. 2010- 223 A RESOLUTION AMENDING DEVELOPMENT ORDER 88 -02, AS AMENDED, THE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE: AMENDMENT TO REGULATIONS PERTAINING TO RED COCKADED WOODPECKERS; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND PROVIDING AN EFFECTIVE DATE. 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 WHEREAS, 850 NWN, LLC, a Florida limited liability company, and CG II, LLC, a Florida limited liability company, (collectively "Owners ") own the DRI property east of the Florida Power & Light Easement; and WHEREAS, the Owners, after formal consultation with the United States Fish and Wildlife Service, applied for the approval of a Habitat Conservation Plan and for a Federal Fish and Wildlife 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.), which, among other things, incorporates the latest Red Cockaded Woodpecker (`RCW ") management methods and mitigation strategies; and WHEREAS, the United States Fish and Wildlife Service approved 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; and Underlined text is added; e..�thfaugh text is deleted. City Gate / DOA- PL2010 -843 Page 1 of 9 Rev. 11/09/10 17B WHEREAS, the U.S. Fish and Wildlife Service issued to Owners a Federal Fish and Wildlife Permit TE145823 -0, issued July 1, 2009 ( "City Gate Federal Permit'); and WHEREAS, the City Gate Federal Permit incorporates the latest RCW mitigation strategies; and WHEREAS, the RCW mitigation strategies and management methods found in the 1990 DOA vary from the RCW mitigation strategies and RCW management plan found in the City Gate HCP and City Gate Federal Permit; and WHEREAS, the proposed changes are required to conform to a permit approved by the United States Fish and Wildlife Service, and these changes do not create any additional regional impacts; and WHEREAS, Roger B. Rice, of Roger B. Rice, P.A., representing the Owners, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order by amending the 1990 DOA; and WHEREAS, the Collier County Planning Commission held a public hearing on the petition on September 16, 2010; and WHEREAS, on November 9, 2010, the Board of County Commissioners, having considered application of proposed changes to the Development Order by amending the 1990 DOA, 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 Conclusions of Law, Section 4 of Development Order 88 -2, as amended, "Vegetation and Wildlife /Wetlands ", is hereby amended by deleting subparagraphs b, c, and d in their entirety and adding a new subparagraph b 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. b. The 2.47 acres of wetlands preserve shown on the approved Master Development Plan Underlined text is added; Struck thfaugh text is deleted. City Gate / DOA- PL2010 -843 Page 2 of 9 Rev. 11/09/10 17B shall be preserved. .. Own- .. HE rM 22.33 c. 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 an d 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 seg.). 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 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. Underlined text is added; Strask- through text is deleted. City Gate / DOA- PL2010 -843 Page 3 of 9 Rev. 11/09/10 Own- c. 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 an d 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 seg.). 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 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. Underlined text is added; Strask- through text is deleted. City Gate / DOA- PL2010 -843 Page 3 of 9 Rev. 11/09/10 17B 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. rzrrf Underlined text is added; St=unnthrough text is deleted. City Gate / DOA- PL2010 -843 Page 4 of 9 Rev. 11/09/10 17B Underlined text is added; S.._ ck through text is deleted. City Gate / DOA- PL2010 -843 Page 5 of 9 Rev. 11/09/10 WIN WIN ON W. Underlined text is added; S.._ ck through text is deleted. City Gate / DOA- PL2010 -843 Page 5 of 9 Rev. 11/09/10 I '101M _ _ .- .- Underlined text is added; S.._ ck through text is deleted. City Gate / DOA- PL2010 -843 Page 5 of 9 Rev. 11/09/10 17B Underlined text is added; c.� , li thF- ug: text is deleted. City Gate / DOA- PL2010 -843 Page 6 of 9 Rev. 11/09/10 MUS WN I low- WIN Underlined text is added; c.� , li thF- ug: text is deleted. City Gate / DOA- PL2010 -843 Page 6 of 9 Rev. 11/09/10 MUS WN Underlined text is added; c.� , li thF- ug: text is deleted. City Gate / DOA- PL2010 -843 Page 6 of 9 Rev. 11/09/10 MUS Underlined text is added; c.� , li thF- ug: text is deleted. City Gate / DOA- PL2010 -843 Page 6 of 9 Rev. 11/09/10 17B ORION MI WN PER- .1 MORONISM -., ._ SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19)(e)2., Florida Statutes. Underlined text is added; Stfue thFoag : text is deleted. City Gate / DOA- PL2010 -843 Page 7 of 9 Rev. 11/09/10 PER- .1 MORONISM -., ._ SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19)(e)2., Florida Statutes. Underlined text is added; Stfue thFoag : text is deleted. City Gate / DOA- PL2010 -843 Page 7 of 9 Rev. 11/09/10 PER- .1 MORONISM -., ._ SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19)(e)2., Florida Statutes. Underlined text is added; Stfue thFoag : text is deleted. City Gate / DOA- PL2010 -843 Page 7 of 9 Rev. 11/09/10 SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. The application is in accordance with Section 380.06(19)(e)2., Florida Statutes. Underlined text is added; Stfue thFoag : text is deleted. City Gate / DOA- PL2010 -843 Page 7 of 9 Rev. 11/09/10 17B The applicant submitted to the County notice as required by Section 380.06(19)(e)2. which provides "This Subsection does not require the tiling of a notice of proposed change but shall require an application to the local government to amend the Development Order ...." 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. The proposed changes to the previously approved Development Order fall within Subsection 380.06(19)(e)2.h, Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06(19)(e)2.h, Florida Statutes. The proposed changes are required to conform with federal permits. 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)l. and Section 380.06(19)(e)2.h., 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. Underlined text is added; Stfuele through text is deleted. City Gate / DOA- PL2010 -843 Page 8 of 9 Rev. 11/09/10 17B 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 Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. ".637411 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 This Resolution adopted after motion, second and favorable vote. (5 -0) Done this 01day of No u r-ribu , 2010. ATTEST: DWIGHT E. BRQQ.K, CLERK By. 1 . ppputy Clerk Approved as to form and legal sufficiency: a A rl,I A Co Heidi Ashton -Cicko Assistant County Attorney CPA10- CPS - 01033 \28 City Gate / DOA- PL2010 -843 Rev. 11/09/10 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Underlined text is added; St a; thFOUgh text is deleted. Page 9 of 9 Item # 11 b Agenda Date, ate 11 -q-A O Date Recd I 178 HOLE, MONTES AND ASSOC.. INC. CONSULTING ENGINEERS- LANO SUAVEYOAS LEGAL DESCRIPTION 170 HMA File No. 85.23 9130186 Sheet 1 of 2 The North half of Section 35, Township 49 South, Range 26 East, Collier County, Florida LESS the West 100.00 feet thereof for right -of -way purposes and LESS the following described parcels: A parcel of land being a polrtlori of the Northwest - quarter of Section 35, Township 49 South, Range 26 East, Collier County, Florida. Being more particularly described as follows: Commencing at the quarter Section corner, common to Sections 34 and 35, Township 49 South, Range 26 East, Collier County, Florida. Said quarter corner being marked with a 4" x W1 concrete monument having a 3 -inch brass cap attached to the top thereof, with a 314 -inch iron pipe; thence along the Section Iine between said Sections 34'and 35, North 00029115° West, 1,362.43 feet to a point on the centerline of the 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 along said centerline of the proposed Access Road No. I North 89031'01" East, 100.00 feet to a point on the East right -of -way line of a canal, said point also being on the centerline of the proposed access road to the water treatment plant parcel; thence along said East canal .right -of -way Ilse North 00029115" West, 50.00 feet to a 4" x 4" concrete monument marking the Northwest corner of the proposed access road right- of-way to the water treatment plant parcel• and being the true POINT OF BEGINNING of the parcel to be herein described; _ thence along the North line of said access road right -of -way North 89031101" East, 456.51 feet to a 4" x 4" concrete monument marking the intersection of said North right -of -way with the West boundary IIne of the water treatment plant parcel; thence along said West boundary Ilna North 00047114" East, T94.98 feet to an Iron rod on the Westerly right -of -way of a strip of land 170 feet In width for a Florida, Power 6 Light Company (FP6L) right -of -way. as described in Official Records Book 681, Page 1210, Col tier County Records; thence along said Westerly. FPBL right -of -way North 31030'28" East, 70.02 feet to an iron rod; thence continuing along said Westerly FPEL right -of -way South 5803003" East, 761.56 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FP6L right -of -way South 00047'14" West, 1,066.70 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FP6L right -of -way South 00047'14" West, 332.74 feet to an Iron rod marking the intersection of said Westerly FP6L right -of -way with the South line of the North half of the South half of the No rthwast quarter of Section 35, Township 49 South, Range 26 East, Collier County, Florida; said point also being the Southeast corner of the parcel being herein described; thence along said South line of the North half of the South half of the Northwest quarter of Section 35, South 89004'40" West, 690.82 feet to a 4" x 4" concrete monument; said Ex'h it p' 178 17C HMA File No. 85.23 9130186 Sheet 2 of 2 -point being the Southwest corner of the parcel being herein described; thence along the"West boundary line of said parcel North 00 047114" East, 633.80 feet to a 40 x 4" concrete monument marking the intersection of the West boundary of the water treatment plant parcel with the South right -of -way of the proposed access road to the water treatment plant parcel; thence along said South right -of -way South 89031101" West, 454.28 feet to a 40 x 4" concrete monument marking the intersection of said access road South right-of -way . with the East right -of -way of a -canal;- thence -along said canal - -East right- of-way North 00 °29115" West 100.00 feet to the POINT OF BEGINNING. AND A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: Begin on the South line of the North half of said Section 35, at a point North 89000101" East 100.00 feet from the Southwest corner of the North half of said Section 35, thence run North 00 029115" West, 1,334.19 feet, thence South 04 °21008" East, - 296:92 -. feet,' thence "South 070461251/ East; 750.60 feet to- the -- beginning of a curve concave to the Northeasterly having a radius 0f 336.00 feet, thence run Southerly along said curve 240.58 feet, through a central angle of 4100112911 to the end of said curve, thence South 43°471540 East, 94.86 feet to the South line ._ _ -of the North half of said Section 35, thence South 89 "00101"- - - - - -- Wait. 206.27 feet to the POINT OF BEGINNING: AND A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: Begin an the South line of the North half of said Section 35, at -- a point North 89 0001010. East, 306.27 feet from the Southwest . corner of the North half of said Section 35, thence run North 43047'54" West, 94.86 feet to the beginning of a curve concave to** the Northeasterly having a radius of 336.00 feet, thence run Northwesterly along said curve 240.58 feet through a central angle of 41001129" to the end of said curve, thence North 02*4602511 West, 750.60 feet. thence North 04021108" West, 296.92 feet, thence North 00029115" West, 85.00 feet, thence North 89031/010 East, 64.42 feet, thence South 04021108" East, 378.34 feet, thence South 02046125" East, 751.56 feet, to the beginning Of a curve concave to the Northeasterly having a radius of 266.00 feet, thence run Southeasterly along said curve 190.46 feet, through a central angle of 41001 -29i1 to the end of said curve, thence South 4304715411 East, 159.68 feet to the South line of the North half of said Section 35, thence South 890001010 West, 95.40 feet to the POINT OF BEGINNING. Containing 287.187 acres, more or less. 3 HOLE. MONTES & ASSOCIATES. INC.