Resolution 2021-065/Development Order 2021-01 DEVELOPMENT ORDER NO. 2021-01
RESOLUTION NO. 2021- 6 5
A RESOLUTION AMENDING DEVELOPMENT ORDER 88-02,
AS AMENDED, THE CITYGATE COMMERCE PARK
DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR
SECTION ONE: AMENDMENTS TO ADD ±10,000 SQUARE
FEET OF MEDICAL OFFICE USES TO THE DRI;
AMENDMENT TO THE MASTER DEVELOPMENT PLAN;
AND INCREASE THE TRIP CAP LIMITATION; SECTION
TWO: FINDINGS OF FACT; 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. [PL20200002056]
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
WHEREAS, on March 27, 2018, the Board of County Commissioners by Development Order
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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,on March 24, 2020,the Board of County Commissioners by Development Order 2020-
01, Resolution No. 2020-59 approved an amendment to Development Order 88-02, as amended to add the
128.05 acre Sports Complex Extension to the DRI;and
WHEREAS, 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 to add 10,000 square feet of
medical office, increase the trip cap limitation and revise the master plan to show current lot configuration
and relocation of City Gate Boulevard South further to the south; and ; and
WHEREAS, the Collier County Planning Commission held a public hearing on the petition on
February 4,2021; and
WHEREAS, on March 23, 2021, 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. 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
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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,,
±10,000 SF Medical Office and accessory uses.
The Sports Complex Extension's total trips shall not exceed 3-09 345 two-way PM peak
hour trips, resulting in a total of 6408 6,344 two-way PM peak hour trips for the City
Gate Commercial Park.
****
B. 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.
****
SECTION TWO: FINDINGS OF FACT
A. That the real property which is the subject of the proposed amendment, consists of 419.60
acres and is described in Development Order 2020-01, Resolution No. 2020-59.
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.
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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.
This Resolution adopted after motion, second and favorable vote.
Done this o2,.3 day of / ' 1 a.r L h_ , 2021.
ATTEST:-.. BOARD OF OUNTY COMMISSIONERS
CRYSTAlr ' .'JEL, CLERK COLLIER O Y, FLORIDA
y
P .'. � 41 k
itest a� t Penny Tayl , Chairman
►d � .
sigt4ture.o q.i1
Approved as to form and legality:
L
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A—Updated Master Plan
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