Resolution 2024-220/DO 2024-01 DEVELOPMENT ORDER NO. 2024- 01
RESOLUTION NO. 2024- 220
A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1, AS
AMENDED, FOR THE TOLL GATE COMMERCIAL CENTER
DEVELOPMENT OF REGIONAL IMPACT BY PROVIDING FOR:
SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER AND
THE MASTER DEVELOPMENT PLAN (MAP H) TO ALLOW
DEVELOPMENT OF 110 MULTI-FAMILY RENTAL UNITS WITH
AFFORDABLE HOUSING ON PARCEL 11 OF THE COMMERCIAL
AREAS, "A" PARCELS, AS SHOWN ON THE MASTER
DEVELOPMENT PLAN, AS AN ALTERNATIVE TO COMMERCIAL
USES, COMPRISING 5± ACRES OF THE DEVELOPMENT OF
REGIONAL IMPACT; BY EXTENDING THE EXPIRATION DATE
AND BUILDOUT DATE TO AUGUST 1, 2030; SECTION TWO,
EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS,
TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMERCE
AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED
ON THE EAST SIDE OF COLLIER BOULEVARD, NORTH OF BECK
BOULEVARD AT 3880 TOLLGATE BOULEVARD IN SECTION 35,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA (PL20230007875)
WHEREAS, the Board of County Commissioners of Collier County approved
Development Order No. 84-1, which approved a Development of Regional Impact (DRI) known
as the Toll Gate Commercial Center DRI on January 17, 1984; and
WHEREAS, the Application for Development Approval (ADA) was incorporated into
and by reference made a part of the Development Order; and
WHEREAS, the Development Order has been subsequently amended several times, to
wit:
(i) Resolution No. 92-100 (Development Order No. 92-1), February 11, 1992;
(ii) Resolution No. 92-222, (Development Order No. 94-1)April 7, 1992;
(iii) Resolution No. 97-75 (Development Order No. 97-2), February 11, 1997;
(iv) Resolution No. 03-428; (Development Order No. 03-03)December 2, 2003;
(v) Resolution No. 14-229 (Development Order No. 14-02) October 28, 2014;
(vi) Resolution No. 15-193 (Development Order No. 15-01) September 22, 2015; and
WHEREAS, the real property, which is the subject of the Development Order, is legally
described in Exhibit A to Resolution 92-100 (Development Order No. 92-1); and
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WHEREAS, K2 Housing Naples, LLC has filed a Development Order Amendment
(DOA) Application to allow development of multifamily rental units with affordable housing on
Tract 11 of the commercial areas, "A" Parcels, as shown on the Master Development Plan, as an
alternate to commercial uses; and
WHEREAS, the Collier County Planning Commission held a public hearing on
September 20, 2024; and
WHEREAS, the Board of County Commissioners, as the governing body of the
unincorporated area of Collier County, Florida, with jurisdiction pursuant to Section 380.06,
Florida Statutes, is authorized and empowered to consider proposed changes to the Toll Gate
Commercial Center DRI; and
WHEREAS, at a public hearing held on November 12, 2024, the Board of County
Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes,
having considered (a) the DOA Application, (b) the record made at the aforementioned hearing,
(c) the record of the documentary and oral evidence presented to the Collier County Planning
Commission, and(d)the report and recommendation of Collier County planning staff, the Board
of County Commissioners hereby approves the following Toll Gate Commercial Center DRI
Development Order amendments.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Collier County, Florida,that:
SECTION ONE: AMENDMENTS TO DEVELOPMENT ORDER
That Sections 2 and 7 of Development Order 84-1, as amended, for the Toll Gate
Commercial Center is hereby further amended to read as follows:
Section 2. That the Board of County Commissioners, having received the above-
referenced documents, and having received all related comments, testimony and
evidence submitted by each party and members of the general public, finds there is
substantial competent evidence to support the following findings of fact:
************
D. The applicant proposes development of Toll Gate Commercial Center,
100.24 acres, for commercial, industrial3 and residential tourist uses, and 110
multi-family dwelling units, limited to parcel 11 only identified in Map H.
************
H. The development is not in an area designated an aArea of eCritical State
eConcern pursuant to the provisions of Section 380.06 380.05, Florida
Statutes, as_amended.
************
Section 7. That this Order shall remain in effect until the expiration date and
buildout date of August 1,2024-2030. 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 extended by the
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Board of County Commissioners on the finding of excusable delay in any proposed
development activity.
SECTION TWO: AMENDMENTS TO MASTER DEVELOPMENT PLAN
Exhibit C contained in the DRI Development Order, Resolution No. 92-100, as amended,
the Master Development Plan, is hereby amended and attached to this Resolution and
incorporated herein as Exhibit "A".
SECTION THREE: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, AS
AMENDED, TRANSMITTAL TO THE FLORIDA DEPARTMENT
OF COMMERCE AND EFFECTIVE DATE
A. Except as amended hereby, Development Order 84-1, as amended, shall remain in
full force and effect, binding in accordance with its terms on all parties thereto.
B. A copy of this Development Order will be transmitted to the Florida Department of
Commerce.
C. This Development Order/Resolution is effective on the date of Board adoption.
This Resolution adopted after motion, second and majority vote of the Board of County
Commissioners of Collier County, Florida, this 0 day of 00 e,.-(1 6.c.( , 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
4jila4
' :..a 'y. By:
tt ' Aitt S s to yrOlerk hris Hall, Chairman
pj signature only
'et.)
as •
4,1* d as to form and legality:
s.)
j,kA
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A—Revised Master Development Plan, Map H
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EXHIBIT A
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