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Backup Documents 11/12/2024 Item #17C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE t, Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 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 routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office PINC fi -ra 4. BCC Office Board of County Commissioners CI+ LI r( (( (3 5. Minutes and Records Clerk of Court's OfficeCrit- ( / `4) PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Ray Bellows,Laura DeJohn Phone Number 252-2463 Contact/ Department GMD Agenda Date Item was November 12,2024 Agenda Item Number 17C Approved by the BCC Type of Document Resolution ( Number of Original 1 Attached Dr J�1Q )'1��,' /1_ Documents Attached PO number or account number if document is Q`e-50 , , L- t40-'`'[ — 72D to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? LD 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be LD signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the LD document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip LD should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on 11-12-24 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County ‘ \`- an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the r c, an option for Chairman's signature. s this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 17C DEVELOPMENT ORDER NO. 2024- 01 RESOLUTION NO. 2024- 2 2 0 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 [24-CPS-02440/1871807/1]46 words added are underlined;words deleted are struck thru Toll Gate DRI PL20230007875 1 of 3 8/19/24 17C 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, industrial aid 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 1,2-024 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 [24-CPS-02440/1871807/1]46 words added are underlined;words deleted are-struck thru Toll Gate DRI PL20230007875 2 of 3 8/19/24 17C 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 a " day of N 0 e ( , 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA A. I.. By. � 15 " /►itt s' s to Sr6lerk 04*(('all, Chairman ���/'1>€' signature only 14ffigee'd as to form and legality: d---1.)tivolt,, Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Revised Master Development Plan, Map H [24-CPS-02440/1871807/1146 words added are underlined;words deleted are struck thru Toll Gate DRI PL20230007875 3 Of 3 8/19/24 EXHIBITA 17C MAY II MASTER • DEVELOPMENT PLAN >;?,�i;:: r;i::• 3 x TOLLGATE h 1. a g COMMERCIAL CENTER =' y - ° January, 1991 ,...;3. :.: GI k:: • boo 0gm . .:•! 1Ni": :::!! i::••ii y 4 .,:q ___ ig .,,,,2 ..2.5.-. - „ , ,,, ,, __.i ."s; 3-1' z 4::?: vAgev ) . : � v x N .zSE ° Q aa y.!iir:;: -''' i.1'4 4 i''' ?' W 3 .:!! : aw x cal F : ►�.�< rM Mi1FN IiMM111 iit:i! a. r{ .f 0. y= '� ii t0 : aSn dlctlsoc•c>VaRn. ea et 6. I •• .444 i 1 i :' N'SN-•FP&I_PABEMPN 1-Ns// ,_ V7 / s/ \ : _ _ 0 f i �, TOLLGATE HLVD. 5 4-1 Vl W 1.-- \ 2. .. 1 C.R. 951 ) r , MAPH 44 ° o x Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel 1 gr Collier County, Florida 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 ti Phone: (239) 252-2646 olll��oouN ,A Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Jennifer Hansen,who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, Tollgate Housing Subdistrict&Tollgate Commercial Center(PL20230007876, PL20230007874, PL20230007875)-(BCC 11/12/2024)was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 10/23/2024 until 11/14/2024. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. -6--cucul,uvjtC_ ( fP�iant Signat) ',1e2anrk c vvi Lc • '(Affiant'Printed Name) Sworn to and subscribed before me this 11/14/2024 = : ' Crystal-K Xi zel Clerk of the Circuit Court& Comptr. - `/ L•i` . ii (De 10.5.Signatu - it (D;puty Clerk Printe Name) D e 17Cv NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) at 9:00 A.M. on November 12, 2024, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP SERIES TO ADD THE TOLLGATE HOUSING PARCEL TO PROPERTY DESIGNATED AS URBAN, URBAN COMMERCIAL DISTRICT, INTERCHANGE ACTIVITY CENTER SUBDISTRICT, ACTIVITY CENTER #9 TO ALLOW CONSTRUCTION OF 110 MULTIFAMILY RENTAL UNITS WITH AFFORDABLE HOUSING ON 5 ACRES OF LAND ALSO KNOWN AS PARCEL 11 OF THE COMMERCIAL AREAS, "A" PARCELS, ON THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT MASTER DEVELOPMENT PLAN, AS AN ALTERNATIVE TO COMMERCIAL USES, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE. 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. [PL20230007876] AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 92-10, AS AMENDED, THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT (PUD), WITHIN THE COLLIER BOULEVARD/INTERSTATE 75 INNOVATION ZONE OVERLAY (CBIIZO), BY AMENDING THE PUD DOCUMENT 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 PUD MASTER PLAN, AS AN ALTERNATIVE TO COMMERCIAL USES; AND BY PROVIDING AN 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. [PL20230007874] AND 17C 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 5f 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] Lcwistv Gate BLVD S�" BLVD Project ,ems Location s- I-75 ' Ovet 4VE I - L f bavis BLVD a, Beck BLVD • • �—�usin�ss A copy of the proposed Ordinances and Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to three(3)minutes on any item.The selection of any 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 ten (10)minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven(7)days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. 17C As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website.Registration should be done in advance of the public meeting,or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any 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 Division, located at 3335 Tamiami Trail East, Suite 101,Naples,FL 34112-5356,(239)252-8380, at least two(2)days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA CHRIS HALL,CHAIRMAN CRYSTAL K. KINZEL, CLERK By:Yani Fernandez,Deputy Clerk (SEAL)