Resolution 2003-428
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DEVELOPMENT ORDER NO. 03-~3
RESOLUTION NO. 03 - ~8
A RESOLUTION AMENDING DEVELOPMENT ORDER
84- I, AS AMENDED, FOR THE TOLLGA TE
COMMERCIAL CENTER DEVELOPMENT OF REGIONAL
IMPACT (DRI), BY PROVIDING fOR: SECTION ONE:
AMENDMENT OF DEVELOPMENT ORDER WHICH
EXTENDS THE DEVELOPMENT ORDER PERIOD OF
EFFECTIVENESS UNTIL DECEMBER 29, 2007; SECTION
TWO: FINDINGS OF FACT; SECTION THREE:
CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF
PREVlOUSL Y ISSUED DEVELOPMENT ORDER,
TRANSMITT AL TO DCA AND EFFECTIVE DATE.
WHEREAS, the Board of County Commiss' oners of Collier County, Florida, approved
Development Order 84- I, as amended, (the Development Order) on January 17, 1984, which
approved a Development of Regional Impact (DR!) known as Tollgate Commercial Center; and
WHEREAS, since January 17, 1984, the Board of County Commissioners has approved
several amendments to the Toll Gate Commercial Center DRI, and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and by reference made a part of the Development Order; and
WHEREAS, the Board of County Commissioners approved Resolution Number 97-75
which extended the effective date of the Development Order to December 30, 2002; and
WHEREAS, the real property which is the subject of the Development Order is legally
described and set forth in Exhibit "A" to the Development Order; and
WHEREAS; the owners of the DRI property desire to extend the time that the
development remains in effect; and
WHEREAS, William R. Vines of Vines aId Associates, Incorporated, representing
Robert S. Hardy, Partner, Toll Gate Commercial Center Partnership, petitioned the Board of
County Commissioners of Collier County, Florida, to amend the Development Order; and
WHEREAS, the Collier County Planning Commission has reviewed and considered the
report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC)
and held a public hearing on the petition on November 6,2003; and
WHEREAS, the Board of County Commissioners of Collier County has reviewed and
considered the reports of the SWFRPC and the Collier County Planning Commission and has
held a public hearing on the petition on December 2,2003.
NOW, THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of
Collier County, Florida that:
Words underlined are additions; Words slru.l, IhroHgll are deletions
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SECTlON ONE: AMENDMENT OF DEVELOPMENT OREDER
That Section 7 of Development Order 84-1, as amended, for the Toll Gate Commercial
Center is hereby further amended to read as follows:
That this Order shall remain in effect until Deeeml3er 30, 2002 December 29, 2007.
Any development activity wherein plans have been submitted to the County for its
review and approval prior to the expiration date of this Order, may be completed, if
approved. This Order may be extendcd by the Board of County Commissioners on
the finding of excusable delay in any proposed development activity.
SECTION TWO: FINDINGS OF FACT
A. That the real property which is the subjcct to the amendment petition 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), Florida Statutes.
C. The development ofTol] Gate Commercial Center on 100.24 acres of land is for
commercial, industrial and residential tourist uses.
D. The requested amendment to the previously approved Development Order is
consistent with the report and review of the SWFRPC.
E. A comprehensive review of the impact generated by the requested amendment has
been conducted the County's departments and the SWFRPC.
F. The development is not in an area designated an Area of Critical State Concern
pursuant to the provisions of Section 380.06, Florida Statutes.
SECTION THREE: CONCULSIONS OF LAW
A. The requested amendment of the previously approved Development Order is
consistent with the report and recommendations of the SWFRPC.
B. The proposed amendment to the 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 amendment to the previously approved Development Order is
consistent with the Collier County Growth Management Plan and the Land
Development Regulations adopted pursuant thereto.
D. The proposed amendment to the previously approved Development Order is
consistent with the State Comprehensive Plan.
E. The proposed amendment to the Development Order is not a substantial
deviation from Development Order 84-1, as amended.
SECTION FOUR: EFFECT OF PREVlOUSL Y ISSUED DEVELOPMENT ORDERS,
TRANSMITT AL TO DCA AND EFFECTIVE DATE
A. Except as amended hercby, Development Order 84-1 as amended, shall
2
Words undorlined are additions; Words st,"".. through are deletions
I 17C
remain in full force and effect, binding in accordance with its terms on all
parties thereto. This amended Development Order shall take precedence over
any of the applicable provisions of previous development orders which are
in conflict therewith.
B. Copies of this Development Order No. 03- JU. shall be transmitted immediately
upon execution to the Department of Community Affairs, Bureau of Land and
Water Management, and the Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by Law.
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
t1.Nb day of _ bece.Mber _,2003.
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DWIGH,t $:B~OCK~'C~RK
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BOARD OF COUNTY COMMISSIONERS
COLLIER ~JNTY, FLORIDA
BY :J'l'J1--L .
TOM HENNING, CHAI~A.t
Atttst as to ChlfMlan'S
I'gn,;'" :",~.ly.
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Approved as to Form
and Legal Sufficiency
~'~011'~
Marjori M. Student
Assistant County Attorney
DOA-2003-AR-3911/RB/lo
3
Words underlined arc additions; Words str"ek Illr."gh are delctions
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STEVEN K. MORRISON
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KENTON R. KElLING
I GEORGE J: KALAL
MICHAEL L HARMON
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W. DAVID KEY. JR.
W. BRITT POMEROY
I CARL A. BARRACO
,GARY R. BULL
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CCNall. TANTS
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ROBERT S. O'BRIEN
CIVIL ENGINEERS AND LAND SURVEYORS
January 7, 1991
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DFSCRIPTION
TOLLGATE COMMERCIAL CENTER
SECTION 35. T. 49 SOl R. 26 E.
AND
SECTION 2. T. 50 S.. R. 26 E.
COLLIER COUNTY. FLORIDA
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, "A tract or parcel ot land lying in Section 35. Township 49 South,
.. Range 26 East and Section 2, Township 50 South. Range 26 East and
Section 2, Township 50 South, Range 26 East. Collier County,
, , Florida which tract or parcel is described as follows:
From the southeast corner of said Section 35 run
N 89- 45'01" W along the south line of said Section 35,
also being the COlDllon township line of said Township 49.
and 50 for 437.90 feet to an intersection with the east
line . of the parcel as des~ribed in deed recorded in
Official Record Book 1477 at Page 246. Collier County
Records end the Point of Beginning.
From said Point of Beginning run S 00- 02' 19" E along
said east line for 60.48 feet to the southeast corner of
said parcel; thence run S 89- 57' 41" W along the south
line ot said parcel tor 2200.70 feet; thence run
S 89 - 56' 02" W continuing along said south line for
1318.67 feet to an intersection with the east line of a
170 foot Florida and Power & Light Easement, also being
the southeast corner of Tollgate COlDllercial Center Phase
Two as recorded in Plat Book 18 at Pages 23 and 24,
Collier County Public Records; thence run
N 00- 46' 58" E aloilg the east line ot Phase Two and'
said FP&L easement for 1278.72 feet to an intersection
with the limited access right-of-way line of State Road
No. 93 (1-75) also being the northeast corner ot said
Phase Two and also being the northeas t corner of
. ,Tollgate COlDllercial Center, Phase One as recorded in
'Plat Book 16 at Page 1. Collier County Public Records;
thence run the following courses and distances iuong
said limited access right-of-way line: S 87- 55' 12" E
for 89.90 feet; thence run S 78- 44' 38" E for 318.32
feet; thence run S 74- 09' 17" E for 1199.30 feet;
thence rUn S 73- 00' 33" E for 1904.96 feet to a point
of curvature; thehce run southeasterly along the arc of
said curve to the left of radius 11621.16 teet (delta
01- 09' 07") (chord bearing S 73-'35' 07" E) (chord
233.67 feet) for 233.65 feet to an intersection with the
"north right-of-way line of State Road No. 84 (Old
Alligator Alley); thence run N 89. 45 t 01" W along the
north right-of-way line of said State Road No. 84
3
AGENDA ITEM S-D
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Co~T County
- '--~ ~
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: NOVEMBER 6, 2003
SUBJECT: PETITION NO: DOA-2003-AR-39 1 1, TOLLGATE COMMERCIAL
CENTER DEVELOPMENT OF REGIONAL IMP ACT (DRI)
AGENT/APPLICANT:
Agent: William R. Vines
Vines and Associates
800 Harbour Drive
Naples, Florida 34103
Owner: R. S. Hardy
Toll Gate Commercial Center
5692 Strand Court, Suite 3
Naples, Florida 34111
REOUESTED ACTION:
This petition seeks to amend Development Order No. 97-2 for the purpose of extending
the life of the Development Order (D.O.) from December 30, 2002 to December 29,
2007, so the development of the remaining undeveloped sites may continue to
completion.
GEOGRAPHIC LOCATION:
The subject site is located in the Southeast quadrant of 1-75 and Collier Boulevard, in
Section 35, Township 49 South, Range 26 East, Collier County, Florida. (See illustration
on following page)
DO-03-AR-39 I I , Toll Gate Commercial Center
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PURPOSEIDESCRlPTION OF PROJECT:
On February 11,2002, D.O. No. 97-2 extended the D.O. life from December 31,1997 to
December 30, 2002, with the provision that if development had not been completed by
that date, a further extension could be granted by the Board of County Commissioners.
Street, utility and other infrastructure improvements for the entire project have long been
completed and approved. Most development sites have been sold and developed. A few
sites remain undeveloped however, and to comply with the provisions of D.O. No. 97-2,
the applicant seeks to extend the life of the D.O. so that development of the remaining
undeveloped sites may continue to completion.
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL:
Because of the age of the project, the Southwest Florida Regional Planning Council
(SWFRPC) and the Florida Department of Community Affairs (DCA) determined that
amending the D.O. and extending its life would first necessitate filing a Notice of
Proposed Change (Nope) to a Previously Approved Development of Regional Impact,
which Notice must include a new Land Development Transportation assessment (Traffic
Impact Study). The Transportation Assessment was conducted under contract with the
Southwest Florida Regional Planning Council, and coordinated with Collier County and
Florida Department of Transportation (FDOT) transportation staffs. The NOPC was filed
on October 1, 2002, and was approved by the Southwest Florida Regional Planning
Council without objection on November 21,2002.
DEP ARTMENT OF COMMUNITY AFFAIRS:
The Department of Community Affairs coordinated their response with the Southwest
Florida Regional Planning Council as explained in the paragraph above and a notice of
change was filed on October 1, 2002, and approved with no objection.
pursuant to the criteria in Section 380.06(19)(e), Florida Statutes (F,S,), the change listed
above is deemed to be consistent with the regional goals, resources and facilities as
previously determined through the D.O. process. As a result, this petition will not create
additional regional impacts. Therefore, pursuant to Section 380.06(19)(t) 4., F.S., the
Department has not objected to this NOPC.
ST AFF REVIEW:
Development authorizations contained in the Development Orders have been met for
years and this is an ongoing project that has a limited number of properties that still need
to be developed. The current review of traffic issues by the Southwest Florida Regional
Planning Council and State Department of Community Affairs found that the D.O. is still
compliant and there were no objections to it.
The proposed revision to the Toll Gate Plaza Development Order document does not
adversely impact any adopted level of service standard. This amendment only extends the
DO-03-AR-39 1 1, Toll Gate Commercial Center 3
I l7e
date of expiration for the project by five years from December 30, 2002 to December 29,
2007. Staff is of the opinion that this amendment will not adversely impact the
development strategy for the Toll Gate Commercial Center.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPe) recommends approval of Petition
DO-03-AR-39ll as described by the amending Development Order resolution included
in this Staff Report,
DO-03-AR-39 1 1, Toll Gate Commercial Center 4
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~BY:
, 0 .~^' 'DI", reg
ROBIN MEYER, PRlNCIP PLANNER ~
DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
[0' 2.2:03
LLOWS, CHIEF PL ER DATE
TMENT OF ZONING AND LAND DEVELOPMENT REVIEW
~ '/h..UA.,JL-ifMrn LO IZkcio3
fiUSAN MURRAY, AICP, INTE M DIRECTOR DA"rE '
DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
J SEPH K. SCHMITT, MINISTRATOR
MMUNlTY DEV. AND ENVIRONMENTAL SVCS.
'd~,i)~
~
Staff Report for the November 6, 2003 CCPC meeting.
COLLIER COUNTY PLANNING COMMISSION:
AM~ /I dri;
RUSSELL A. BUDD, CHAIRMAN
DO-03-AR-3911, Toll Gate Commercial Center 5
. Vines & Associates Inc
urban planning. land planning
.
aa
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17C
William R. Vines, President
Member AICP
800 harbour drive
naples florlda 34103
239.262.4164
fax 239.262.5791
e-mail wvines800@aol.com
pobox 933
IInviJIe north carolina 28646
828.898.9837
fax 828.898.9847
COVER LETTER
APPLICATION TO AMEND THE TOLLGATE COMMERCIAL CENTER DEVELOPMENT ORDER
The Tollgate Commercial Center DR! Development Order was originally approved via DO 84-1 on 1-17-
84. 1t was expanded from 69.4 acres to 100.24 acres via DO 92-1 on 2-11-92. On 2-11-97, DO 97-2
extended the DO life from 12-31-97 to 12-30-02, with the provision that if development had not been
completed by that date, a further extension could be granted by the Board of County Commissioners.
Street, utility and other infrastructure improvements for the entire project have long been completed and
approved. Most development sites have been sold and developed. A few sites remain undeveloped
however, and to comply with the provisions of DO 97-2. this application seeks to extend the life of the DO
so that development of the remaining undeveloped sites may continue to completion.
Because of the age of the project, the Southwest Florida Regional Planning Council and the Florida
Department of Community Affairs determined that amending the DO and extending its life would first
necessitate filing a Notice of Proposed Change to a Previously Approved Development of Regional
Impact, which Notice must include a new Land Development Transportation assessment (Traffic Impact
Study), The Transportation Assessment was conducted under contract with the Southwest Florida
Regional Planning Council, and coordinated with Collier County and Florida DOT transportation staffs. The
Notice of Change was filed on 10-1-02. and was approved by the Southwest Florida Regional Planning
Council without objection on 11-21-02.
The specific Development Order language adjustment proposed is as follows:
Section 7 of Development Order 84-1 as amended by Development Order 92-1, further amended
by Development Order 97-2. is hereby further amended to read as follows:
That this Order shall remain in effect until Deeell,ber 30, 2002 Qecember 29. 2007. Any
development activity wherein plans have been submitted to the County for its review and
approval prior to the expirati.on date of this Order, may be completed, if approved. This
Order may be extended by the Board of County Commissioners on the finding of
excusable delay in any proposed development activity.
DOA-2003-AR-3911
Project # 19990193
DATE: 3/25/2003
RAY BELLOWS
Words underlined. are additions; words stltJc,k throl:lS" are deletions.
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..
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Exhibit "A"
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~,-_._---_...__._-_.._-~._.._.__.._.._.__._-_.__....
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PETITION NAME:_ Tolloate Commercial center DATE: 3.19-03
APPLICATION FOR PUBLIC HEARING
FOR
PUD AMENDM ENTIDO AMENDMENT
COMMUNITY DEVELOPMENT DIVISION
CURRENT PLANNING SERVICES
1. Name of Applicant (s). R. S. Hardv
Applicant's Mailing Address 5692 Strand Court. suite 3
State
FI
Zip_34111
City NaDles
Applicant's E-Mail Address:
Applicant's Telephone Number:Res:
Bus,: 239-593-3883
Fax#: 239-594-5677
Is the applicant the owner of the subject property? 0 Yes 0 No
o (a)
o (b)
lfapplicant is a land trust, so indicate and name beneficiaries below.
If applicant is corporation other than a public corporation, so indicate and name
officers and major stockholders below.
If applicant is a partnership, limited partnership or other business entity, so
indicate and name principals below,
Ifapplicant ifan owner, indicate exactly as recorded, and list all other owners, if
any.
If applicant if a lessee, attach copy of lease, and indicate actual owners if not
indicated on the lease.
If applicant is a contract purchaser, attach copy of contract, and indicate actual
owner(s) name and address below.
~ (c)
o (d)
o (e)
o (f)
See the attached Cor orate Structure and SI nin Block
(If space is inadequate, attach on separate page.)
Firm Vines & Associates. Inc.
2. Name of Agent WiI\lam R. Vines
Agents Mailing Address
800 Harbour Drive
State_FL
Zip_341 03_
City
NaDles
Agent'S E-Mail Address:W.llneS800@aol.com
Telephone Numbers: Res.: Bus. 239-262-4164
Fad: 239-262-5791
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3. DO ORDINANCE NAME AND NUMBER: ToUaate Commercial Center 0097-2
4. DET AILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If
space is inadequate, attach on separate page. If request involves change to more than one zoning district,
include separate legal description for property involved in each district. Ifproperty is odd-shaped, submit
five (5) copies of the survey (I" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR
SUPPL Y!NG THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE
LEGAL DESCRIPTION, AND ENGINEER'S CERTIFICATION SHALL BE REQUIRED.
SECTION
35
TOWNSHIP 49,South
RANGE 26. East
See Attached
=
5. Address or location ofsubject property southeast auadrant of 1-75 and Comer Blvd.
:=
~
6. Does property owner own contiguous property to the subject property? If so, give complete legal
description of entire contiguous property. (If space is inadequate, attach on separate page).
No
7. TYPE OF AMENDMENT:
8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN:
0 A. PUD Document Language Amendment
0 B. PUD Master Plan Amendment
~ C. Development Order Language Amendment
9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO,
IN WHOSE NAME? No
~ Yes 0 No Ifno, explain:
DATE:
PETITION #:
ARE ANY
10. HAS ANY PORTION OF THE PUD BEEN ~ SOLD andlor ~ DEVELOPED'?
CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVE(OPED?
DYes t81 No
IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY).
Most develo ment sites have been sold and develo ed.
.. Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public
hearing advertising sign (s) after final action is taken by the Board of County Commissioners.
Based on the Board's final action on this item, please remove all public hearing advertising sign
(5) immediately
J ~:;-J; ~-j
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AFFIDA VIT
We. ~. -:::.. .\:\ 6 ~ j) ~ being first duly sworn. depose and say that
we are the owners of the property described herein and which is the subject matter of the
proposed hearing; tbat all the answers to the questions in this application. and all sketches. data.
and other supplementary matter attached to and made a part ofthis application. are honest and
true to the best of our knowledge and belief. We understand lhi s application must be completed
and accurate before a hearing can be advertised. We further permit the undersigned to act as our
representative in any matters regarding this Petition.
NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY.
TOLLGATE COMMERCIAL CENTER
BY TOLLGATE, INC. GENERAL PARTNER
By Robert S. Hardy, President
~ ~/f!-h~/
SIGNATURE OF OWNER /
\
SignaM' of O~ ~
lA~ ~. ~
Signature of Agent
-
State of Florida.
County of Collier County BCC
The foregoing ~tion was acknowrged before me this ~ r'
Day of '::"1 U hwi . 2002 by . 0 tlJfid . s: Il;
Who is personally known to me and did not take an 0 .
(Signat e of Notary Pu lic
.~~'i.If.'" Valerie J. Stoll
i)/-;&'~~Commiuion /; CO &18l72
~~'.6/ii Expires Apr. 30, 2003
~':"1.'.n;;' i Bonded Thru
NOT ARV'PU~TIt:" jol~ndtnC vo., inC.
..
TOLLGATE COMMERCIAL CENTER
Corporate structure and Signing Block
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TOLLGATE COMMERCIAL CENTER
!
,
50% TOLLGATE JOINT VENTURE
\
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50% AMPCO INVESTMENTS, INC
(owned by A. M. Papineau estate)
r
50% 8475, Inc.
(owned by Alex Rubin Estate)
50% Tollgate, Inc.
(Owned by Naples Road Building Corp.)
\
(owned by R. S. Hardy and Paul Hardy)
SJGNING BLOCK
TOLLGATE COMMERCIAL CENTER
By Tollgate Joint Venture
By Tollgate, Inc.
By R. S. Hardy, President
DEVELOpMENT ORDER NO. 03._
RESOLUTION NO. 03 - _
A RESOLUTION AMENDING DEVELOPMENT ORDER
84-1, AS AMENDED, FOR THE TOLLGATE
COMMERCIAL CENTER DEVELOPMENT OF REGIONAL
IMPAC1 tDRI), B'i PROVIDING FOR: SECTION ONE:
AMENDMENT OF DEVELOPMENT ORDER WHICH
EXTENDS THE DEVELOPMENT ORDER PERIOD OF
EFFECTIVENESS UNTIL DECEMBER 29, 2007; SECTION
TWO: FINDINGS OF FACT; SECTION THREE:
CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF
PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITI AL TO DCA AND EFFECTIVE DATE.
WHEREAS. the Board of County Commissioners of Collier County, Florida, approved
Development Order 84-1, as amended, (the Development Order) on January 17, 1984, which
approved a Development of Regional Impact (DRl) known as Tollgate Commercial Center; and
WHEREAS, since January 17, 1984, the Board of County Commissioners has approved
several amendments to the Toll Gate Commercial Center DRl. and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and by reference made a part of the Development Order; and
WHEREAS, the Board of County Commissioners approved Resolution Number 97-75
which extended the effective date of the Development Order to December 30, 2002; and
WHEREAS, the real property which is the subject of the Development Order is legally
described and set forth in Exhibit" A" to the Development Order; and
WHEREAS; the owners of the DRl property desire to extend the time that the
development remains in effect; and
WHEREAS, William R. Vines of Vines and Associates, Incorporated, representing
Robert S. Hardy, partner, Toll Gate Commercial Center partnership, petitioned the Board of
County Commissioners of collier County, Florida, to amend the Development Order; and
WHEREAS, the Collier County planning commission has reviewed and considered the
report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC)
and held a public hearing on the petition on November 6, 2003; and
WHERE~S, the Board of County Commissioners of Collier County has reviewed and
considered the reports of the SWFRPC and the Collier County Planning Commission and has
held a public hearing on the petition on December 2, 2003.
NOW, TIlEREFORE. BE IT RESOLVED BY the Board of County Commissioners of
Collier County, Florida that:
Words ~ arc additions; Words "'Yilt Ihrugft arc deletions
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s.~CT10N ONE: AMENDMENT OF DEVELOPMENT OREDER
That Section 7 of Development Order 84-1, as amended, for the Toll Gate Commercial
Center is hereby further amended to read as follows:
That this Order shall remain in effect until Deu_lIr 39, 2~ Qecember 29. 2007,
An)' development activity wherein plans have i:lc::cn submined to the County ror its
review and approval prior to the expiration date of this Order, may be completed. if
approved. This Order may be extended by the Board of County Commissioners on
the finding of excusable delay in any proposed development activity.
s.f:CTION TWO: FINDINGS OF FACT
A. That the real property which is the subject to the amendment petition is legally
described as set forth in Exhibit "An. attaChed hereto and by reference made a part
hereof.
B. The application is in accordance with Section 380.06(19), Florida Statutes.
C. The development ofToU Gate Commercial Center on 100.24 acres ofland is for
commercial. industrial and residential tourist uses.
D. The requested amendment to the previously approved Development Order is
consistent with the report and review of the SWFRPC.
E. A comprehensive review of the impact generated by the requested amendment has
been conducted the County's departments and the SWFRPC.
F. The development is not in an area designated an Area of Critical State Concern
pursuant to the provisions of Section 380.06, Florida Statutes.
Sf:CTION THREE: CONCULSIONS OF LAW
A. The requested amendment of the previously approved Development Order is
consistent with the report and recommendations of the SWFRPC.
B. The proposed amendment to the 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 amendment to the previOUSly approved Development Order is
consistent with the Collier County Growth Management Plan and the Land
Development Regulations adopted pursuant thereto.
D. The ~roposed amendment to the previously approved Development Order is
consistent with the State Comprehensive Plan.
E. The proposed amendment to the Development Order is not a substantial
A. Except as amended hereby, Development Order 84.1 as amended. shall
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remain in full force and effect, binding in accordance with its terms on all
parties thereto. This amended Development Order shall take precedence over
any of the applicable provisions of previous development orders which are
in conflict therewith.
B. Copies of this Development Order No. 03-_ shall be tranSmitted immediately
upon execution to the Department of Community Affairs, Bureau of Land and
Water Management. and the Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by Law.
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
ATTEST;
DWIGHT E. BROCK, CLERK
APproved as to Form
and Legal Sufficiency
l::tY~."D11 ~
Mariori M, Student
Assistant County Attorney
OOA.200l.AR.l911IllBllO
_.2003.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TOM HENNING. CHAIRMAN
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