Resolution 2020-059/DO 2020-01 DEVELOPMENT ORDER NO. 2020-01
RESOLUTION NO. 2020- 5 9
A RESOLUTION AMENDING DEVELOPMENT ORDER 88-02,
AS AMENDED, THE CITYGATE COMMERCE PARK
DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR
SECTION ONE: AMENDMENTS TO ADD THE 128.05 ACRE
SPORTS COMPLEX EXTENSION TO THE DRI AND REVISE
THE LEGAL DESCRIPTION; AMENDMENT TO THE MASTER
DEVELOPMENT PLAN; AND EXTENSION OF TERMINATION
DATE; SECTION TWO: FINDINGS OF FACT INCLUDING
REVISED LEGAL DESCRIPTION AND INCREASE IN
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 419.60 ACRES IS LOCATED AT THE
NORTHEAST QUADRANT OF THE INTERSECTION OF I-75 AND
COLLIER BOULEVARD (CR 951) IN SECTIONS 35 AND 36,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY,
FLORIDA. [PL20190001497]
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,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
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WHEREAS,on March 27,2018,the Board of County Commissioners by Development Order 2018-
01, Resolution No. 2018-64 approved an amendment to Development Order 88-02, as amended, to clarify
the development intensity including the development of a Sports Complex, and revise the preserve
requirements;and
WHEREAS, Josh Fruth, Vice President and Jessica Harrelson, AICP of Davidson Engineering,
Inc., representing 850 NWN LLC; CG II, LLC; Citygate Development LLC and Collier County,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
February 6, 2020; and
WHEREAS, on March 24, 2020, 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:
1. The real property which is the subject of the ADA DRI is legally described as set forth in
hereto as Exhibit A-1 attached hereto and by reference made a part hereof.
*****
4. The applicant proposes the development of City Gate Commerce Park Planned Unit
Development for 291.55 419.60 acres which includes: 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.
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****
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.
The Sports Complex Extension, as identified on the Master Development Plan, shall be
limited to the maximum of 18 multi-purpose fields, a ±10,000 SF General Office and
accessory uses.
The Sports Complex Extension's total trips shall not exceed 309 two-way PM peak hour
trips, resulting in a total of 6,308 two-way PM peak hour trips for the City Gate
Commerce Park.
****
C. Conclusions of Law, Section 10 of Development Order 88-02, as amended, "PUD
DOCUMENT" for the Citygate Commerce Park is hereby amended to read as follows:
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.
****
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D. Paragraph 3 of an untitled Section (Page 12) of Development Order 88-02, as amended
(2000-02), is hereby amended to read as follows:
3. This Development Order shall remain in effect for the duration of the project. This
Development Order shall terminate on October 26, 2030 2035.
****
SECTION TWO: FINDINGS OF FACT
A. That the real property which is the subject of the proposed amendment, consists of 419.60
acres is legally described as set forth in Exhibit A-1, attached hereto and by reference made a
part hereof.
B. The application is in accordance with Sections 380.06(6) and (7), Florida Statutes.
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.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 88-02, as previously amended,
shall remain in full force and effect, binding in accordance with the terms on all parties thereto.
B. Copies of this Development Order shall be transmitted immediately upon execution to the
Department of Economic Opportunity, Bureau of Land and Water Management, and the
Southwest Florida Regional Planning Council.
C. This Development Order shall take effect as provided by law.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
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This Resolution
adopted after motion, second and favorable vote.
Done this 02 L day of fl1O C/4_ , 2020.
ATTEST: e'w " ay�k�0 BOARD OF COUNTY COMMISSIONERS
CRYSTAI,� rPNZELQC ;ERK COLLIER COUNTY, FLORIDA
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te, .C., By:. • Iv8 `'' ti - erk Af...)4/...../e.e.e.do.a.--
AtteStaunders, Chairman
signature ti-i t\i`O
Approved as to form and legality:
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1C ,1))
eidi Ashton-Cicko a
Managing Assistant County Attorney
Attachments: Exhibit A-1 —Legal Description
Exhibit B —Updated Master Plan
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Exhibit A —
LEGAL DESCRIPTION
A PORTION OF SECTION 35,TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COLLIER COUNTY FLORIDA; THENCE NORTH 89°00'04." 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
AND DISTANCE OF NORTH 23°14'57" WEST, 235.47 FEET, RESPECTIVELY; THENCE NORTHWESTERLY
• °, -I . . AA . • _• . . •• •a0 'e:" . _ . • . . • .I
FEET TO AN INTERSECTION WITH PROPOSED ACCESS ROAD NO. 1 AS SHOWN ON THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR STATE ROAD NO. 93 (I 75) SHEET 8 OF 10;
THENCE NORTH 89°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 INTERSE • e - . IL
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 17O-00 FEET WIDE FLORIDA POWER & LIGHT COMPANY
EASEMENT, AS RECORDED IN OR 681, PG 1210; THENCE NORTH 00°47'14" EAST ALONG THE WEST LINE
OF SAID EASEMENT AND THE EAST LINE OF SAID TREATMENT PLANT, A DISTANCE OF 332.71 FEET TO A
POINT ALONG THE EAST LINE OF SAID WATER TREATMENT PLANT AND THE WEST LINE OF SAID
EASEMENT; THENCE CONTINUE NORTH 00°4-7'14" EAST ALONG SAID WEST LINE AND SAID EAST LINE, A
DISTANCE OF 1,066.70 FEET; THENCE NORTH 58°30'03" WEST ALONG THE NORTHERLY LINE OF SAID
TREATMENT PLANT AND THE SOUTHERLY LINE OF SAID EASEMENT, A DISTANCE OF 596.93 FEET TO THE
SOUTHEAST CORNER OF PARCEL "A" PROPOSED CONVEYANCE TO CITY GATE AS RECORDED IN OR 3695,
PG 2872;THENCE SOUTH 61°10'06" WEST ALONG THE SOUTH LINE OF SAID PARCEL"A" AND THE NORTH
LINE OF SAID TREATMENT PLANT, A DISTANCE OF 203.97 FEET; THENCE SOUTH 00°47'14" WEST ALONG
THE EAST BOUNDARY OF SAID CITY GATE, PHASE ONE AND THE WEST LINE OF SAID TREATMENT PLANT,
A DISTANCE OF 870.28 TO AN INTERSECTION WITH SAID PROPOSED ACCESS ROAD; THENCE SOUTH
89°31'01" WEST ALONG THE NORTH RIGHT OF WAY LINE OF SAID PROPOSED ACCESS ROAD AND THE
SOUTH BOUNDARY OF THE NORTHERN PORTION OF SAID CITY GATE, PHASE ONE, A DISTANCE OF 456.52
FEET TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF STATE ROAD 951; THENCE NORTH
00°29'22"WEST ALONG SAID EAST RIGHT OF WAY LINE OF STATE ROAD 951 AND THE WEST LINE OF SAID
CITY GATE, PHASE ONE, A DISTANCE OF 1260.46 FEET TO AN INTERSECTION WITH THE NORTH LINE OF
SAID SECTION 35; THENCE NORTH 89°13'02" EAST ALONG THE NORTH LINE OF SAID SECTION 35, A
DISTANCE OF 5,182.54 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35;THENCE SOUTH 00°30'14"
A . e . A . . . me' , ' D ' A • _ _. _ . - ., ... ,
EAST LINE OF SECTION 35; THENCE SOUTH 86°27'31" WEST, A DISTANCE OF 66.98 FEET TO THE
City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted
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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 12,699,846 SQUARE FEET OR 291.55 ACRES, MORE OR LESS.
A PARCEL OF LAND LYING IN SECTION 35 AND 36, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 6, CITY GATE COMMERCE CENTER, PHASE THREE, AS
RECORDED IN PLAT BOOK 63, PAGE 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE
S.00°30'14"E.ALONG THE EAST LINE OF SAID LOT 6, FOR 335.24 FEET;THENCE N.89°13'01"E. DEPARTING
SAID EAST LINE OF LOT 6, FOR 1,403.49 FEET TO A POINT OF CURVATURE TO THE RIGHT;THENCE ALONG
SAID CURVE TO THE RIGHT HAVING A RADIUS OF 781.88 FEET, (CHORD BEARING S.45°37'12"E.) (CHORD
1,108.88 FEET) (DELTA 90°19'33") FOR 1,232.62 FEET;THENCE 5.00°27'26"E., FOR 1,815.14 FEET;THENCE
5.89°13'01"W., FOR 2,247.89 FEET TO AN INTERSECTION WITH THE EAST LINE OF LOT 18, WHITE LAKE
CORPORATE PARK PHASE THREE, AS RECORDED IN PLAT BOOK 34, PAGE 45, OF SAID PUBLIC RECORDS;
THENCE N.01°57'22"W. ALONG SAID EAST LINE OF LOT 18, FOR 264.16 FEET TO AN INTERSECTION WITH
SOUTH LINE OF LOT 26,CITY GATE COMMERCE PARK, PHASE THREE REPLAT,AS RECORDED IN PLAT BOOK
65, PAGE 95, OF SAID PUBLIC RECORDS;THENCE S.89°00'01"W. ALONG THE SOUTH BOUNDARY OF SAID
PLAT AND THE WESTERLY PROLONGATION THEREOF, ALSO BEING THE SOUTH BOUNDARY OF THE
AFOREMENTIONED PLAT OF CITY GATE COMMERCE CENTER, PHASE THREE REPLAT AND CITY GATE
COMMERCE CENTER, PHASE ONE, AS RECORDED IN PLAT BOOK 41, PAGE 6, OF SAID PUBLIC RECORDS„
FOR 4,909.52 FEET; THENCE ALONG THE BOUNDARY OF SAID PLAT OF CITY GATE COMMERCE CENTER,
PHASE ONE, FOR THE FOLLOWING SEVEN (7) COURSES:
1. N.43°36'37"W., FOR 96.29 FEET TO A POINT OF NON-TANGENT CURVATURE TO THE RIGHT,
2.ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 336.00 FEET(CHORD BEARING N.23°17'10"W.)
(CHORD 235.47 FEET) (DELTA 41°01'29") FOR 240.58 FEET,
3. N.02°46'25"W., FOR 750.60 FEET,
4. N.04°21'08"W., FOR 294.26 FEET,
5. N.89°31'01"E., FOR 454.12 FEET,
6. 5.00°47'14"W., FOR 653.80 FEET,
7. N.89°04'40"E., FOR 690.82 FEET TO AN INTERSECTION WITH THE BOUNDARY OF THE
AFOREMENTIONED PLAT OF CITY GATE COMMERCE CENTER, PHASE THREE;
THENCE ALONG THE BOUNDARY OF SAID PLAT OF CITY GATE COMMERCE CENTER, PHASE THREE, FOR
THE FOLLOWING THREE (3) COURSES:
1. N.00°47'14"E., FOR 1,399.21 FEET,
2. N.58°30'03"W., FOR 596.93 FEET,
3. S.61°09'57"W., FOR 203.97 FEET TO AN INTERSECTION WITH THE BOUNDARY OF THE PLAT OF CITY
GATE COMMERCE CENTER, PHASE ONE REPLAT,AS RECORDED IN PLAT BOOK 41, PAGE 6,OF SAID PUBLIC
RECORDS;
THENCE ALONG THE BOUNDARY OF SAID PLAT AND THE SOUTH PROLONGATION THEREOF, ALSO BEING
THE BOUNDARY OF THE AFOREMENTIONED PLAT OF CITY GATE COMMERCE CENTER, PHASE ONE, AND
THE EASTERLY PROLONGATION THEREOF OF THE NORTH BOUNDARY OF SAID PLAT, ALSO BEING THE
City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted
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NORTH BOUNDARY OF THE AFOREMENTIONED PLAT OF CITY GATE COMMERCE CENTER, PHASE THREE,
FOR THE FOLLOWING FOUR (4) COURSES:
1. S.00°47'14"W., FOR 870.39 FEET,
2. 5.89°31'01"W., FOR 456.51 FEET,
3. N.00°29'15"W., FOR 1,259.50 FEET,
4. N.89°13'01"E., FOR 5,182.54 FEET TO THE POINT OF BEGINNING.
DESCRIBED PARCEL OF LAND CONTAINING 419.60 ACRES, MORE OR LESS.
City Gate Commerce Park MPUD Underlined text is added;Struck through text is deleted
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