Resolution 1995-143 DO 95-2
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DEVELOPMENT ORDER 95- 2
RESOLUTION NUMBER 95-~
A RESOLUTION AMENDING DEVELOPMENT ORDER
88-02, AS AMENDED, OF THE CITYGATE
COMMERCE PARK DEVELOPMENT OF REGIONAL
IMPACT (DRI) , BY PROVIDING FOR: SECTION
ONE A, AMENDING THE PHASING SCHEDULE BY
REFERENCE TO APPLICATION FOR DEVELOPMENT
APPROVAL; SECTION ONE B, AMENDING OTHER
SECTIONS WITHIN THE DEVELOPMENT ORDER
RELATING TO THE REQUIRED DATE FOR
COMMENCEMENT OF CONSTRUCTION AND
TERMINATION DATE FOR THE PROJECT, PERIOD
OF TIME AND EXEMPT FROM DOWN ZONING;
SECTION TWO, FINDINGS OF FACT; SECTION
THREE, CONCLUSIONS OF LAW; SECTION FOUR,
EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT
ORDER, TRANSMITTAL TO DCA AND EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners of Collier County,
Florida, approved Development Order 88-02, as amended, (the Development
Order) on December 13, 1988, which approved a Development of Regional
Impact (ORI) 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 an
effective approval date of October 29, 1990, which is deemed to be the
beginning date for the five-year period within which the Development
Order indicates physical development of the project must commence; and
WHEREAS, the ADA provided for five three-year phases for a total
of 15 years for buildout with the first phase being three years from
the date the appeal was dismissed which would be October 29, 1993, with
the last phase being October 29, 2005; and
WHEREAS, the Application for Development Approval (ADA) was
incorporated into and by reference made a part of the Development
Order; and
WHEREAS, the real property which is the subject of the Development
Order is legally described and set forth in Exhibit "All to the Develop-
ment Order; and
WHEREAS, the owners of the DR! property desire to extend the date
by which significant physical development is to begin, the project
buildout date and phasing schedule by five (5) years less one day; and
WHEREAS, William R. Vines, of Vines and Associates, representing
Richard K. Bennett, Trustee, NationsBank Land Trust #5360, petitioned
Words underlined are additions; Words struc]( tflre~~fl are deletions.
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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
1992-; and
Januat'v 19
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 held a public hearing on the petition on
Febcllaz::'Y 71
1995-;
NOW,
be it resal ved by the Board of County
THEREFORE,
Commissioners of Collier County, Florida that:
SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER
A. section 9.c of Development Order 88-02, as amended, for the
citygate Commerce Park is hereby amended to read as follows:
c. The development phasing schedule presented within the
ADA and as adjusted to the date of development order approval
with phase endings modified as follows: Phase 1 ~ October
28. 1998, Phase II H9-=1- October 28. 2001, Phase III ~
October 28. 2004, Phase IV ~ October 28. 2007, Phase V
~ October 28. 2010, shall be incorporated as a condition
of approval. If development order conditions and applicant
commitments, incorporated within the development order to
mitigate regional inpacts, are not carried out to the extent
or in accordance with the timing scheduled specified within
the development order and this phasing schedule, then this
shall be presumed to be a substantial deviation for the
affected regional issue.
B. Paragraph 3 of an untitled Section (Page 12) of Development
Order 88-02, as amended, for the Ci tygate Commerce Park is hereby
amended to read as follows:
3. This Development Order shall remain in effect for the
duration of the project. However, in the event that
significant physical development has not commenced within
.f4..y.e -t5+ ten (10) years from the date of final approval of
the Development Order, development approval will terminate
and this development order shall no longer be effective. For
purposes of this requirement "significant physical
development" does not include roads, drainage or landscaping
but does include construction of buildings or installation of
utilities and facilities such as sewer and water lines. This
time period may be extended by the Board of County
Commissioners upon request by the Developer in the event that
uncontrollable circumstances delay the commencement of
development. This Development Order shall terminate on
geeemeer 31, 2007, October 28. 2012.
C. Paragraph 4 of an untitled section (Page 12) of Development
Order 88-02, as amended, for the Citygate Commerce Park is hereby
amended to read as follows:
Words underlined are additions; Words atrucJr tRreU~R are deletions.
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4. Pursuant to section 380.06(15) (c)3, Florida Statutes
(1987), this project is exempt from down zoning or intensity
or density reduction for a period of 5eYefl -tft twelve (12)
years from the date of adoption of the Development Order,
subject to the conditions and limitations of that section of
the Florida statutes, provided that physical development
commences within Hve f5t ten (10l years as provided in
section 3 hereof.
SECTION TWO: FINDINGS OF FACT
A. That the real property which is the sUbject of the proposed
amendment 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 applicant submitted to the County a Notice of Change to
Previously Approved DRI known as Exhibit B, and by reference made a
part hereof.
D. The applicant proposes the development of citygate Commerce
Park on 287.187 acres of land for a commercial development described in
Development Order 88-02, as amended.
E. A comprehensive review of the impact generated by the
proposed changes to the previously approved development has been
conducted by 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, as amended.
G. The proposed changes to the previously approved Development
Order fall within the parameters for extensions of build-out pursuant
to Subsection 380.06(19) (e)2., Florida statutes.
SECTION THREE: CONCLUSIONS OF LAW
A. The proposed changes to the previously approved Development
Order do not constitute a substantial deviation pursuant to Section
380.06(19), Florida Statutes.
The scope of the development to be
permitted pursuant to this Development Order Amendment includes
operations described in the Notice of Change to a Previously Approved
DRI, Exhibit B, attached hereto and by reference made a part hereof.
B. The proposed changes to the previously approved development
are consistent with the report and recommendations of the SWFRPC.
c. The proposed changes to the previously approved development
will not unreasonably interfere with the achievement of the objectives
Words underlined are additions; Words struslt t.RYeU~R are deletions.
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of the adopted state Land Development Plan applicable to the area.
o. The proposed changes to the previously approved development
are consistent with the Collier County Growth Management Plan and the
Land Development Regulations adopted pursuant thereto.
E. The proposed changes to the previously approved Development
Order are consistent with the State Comprehensive Plan.
F. The proposed changes do not constitute a substantial
deviation pursuant to Subsection 380,06(19) (e)2., Florida statutes, and
therefore a public hearing thereon is not required.
SECTION FOUR:
A. Except as amended hereby, Development Order 88-02 shall
remain in full force and effect, binding in accordance with its terms
on all parities thereto.
B.
Copies of this Development Order 95-2
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.
Commissioner
Constantine
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Mac' Ki-p.
and upon roll call, the vote was:
AYES: Commissioner Constantine, Commissioner Mac'Kie, Commissioner Norris,
Commissioner Hancock, and Commissioner Matthews
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done this
day of
F'phrll;:o.ry
1995--.
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'::,J t . ,': 1:'1
IRMAN
S
BY:
ATTEST:
DWIGHT E.
v,
,
BROCK/ CLERK
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APP OVED AS TO FORM AND LEGAL SUFFICIENCY:
"ij, ...nt~
~ STUDENT
ASSISTANT COUNTY ATTORNEY
DOA-94-5/13079
Words underlined are additions; Words stI"\ieJ[ tfll'OUf]fl are deletions.
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HO~E. MONTES AND ASSOC.. INC.
CONSULTING ENGINEERS - LAND SURVEYORS
HMA F i I e No. 85. 23
9/30/86
Sheet 1 of 2
LEGAL DE5CRI PTION
The North half of Section 35, Township 49 South, Range 26 East,
Collier County, Florida LESS the West 100.00 feet thereof for
right-of-way purposes and LESS the following described parcels:
A parcel of land being a portion of the Northwest quarter of
Section 35, Township 49 South, Range 26 East, Col I ier County,
Florida. Being more particularly described as fol Jows:
Commencing at the quarter Section corner, common to Sections 34
and 35. Township 49 South, Range 26 East, Col I ier County,
Florida. Said quarter corner being marked with a 4" x 4"
concrete monument having a 3-inch brass cap attached to the top
thereof, with a 3/LJ-inch iron pipe; thence along the Section line
between said Sections 3LJ "and 35, North 00029'15" West, 1,382.43
feet to a point on the centerline of the proposed Access Road No.
1 as shown on the State of Florida Department of Transportation
Right-of-Way Map for State Road No. 93 (1-75) Sheet 8 of 10;
thence along said centerline of the proposed Access Road No.
North 89031101" East, 100.00 feet to a point on the East
right-of-way I ine of a canal, said point also being on the
centerline of the proposed access road to the water treatment
plant parcel: thence along said East canal right-of-way line
North 00029'15" West, 50.00 feet to a LJn X 411 concrete monument
marking the Northwest corner of the proposed access road
right-of-way to the water treatment plant parcel; and being the
true POINT OF BEGINNING of the parcel to be herein described;
thence along the North I ine of said access road right-Of-way
North 89031'0111 East, LJ56.51 feet to a 411 x 4" concrete monument
marking the intersection of said North right-of-way with the West
boundary I ine of the water treatment plant parcel; thence along
said West boundary line North 00047'1411 East, 99LJ.98 feet to an
iron rod on the Westerly right-or-way of a strip of land 170 feet
in width for a Florida, Power & Light Company (FP&L) right-of-way"
as described in Official Records Book 681, Page 1210, Collier
County Records; thence along said Westerly FP&L right-of-way
North 31030'281' East, 70.02 feet to an Iron rod; thence
continuing along said Westerly FP&L right-of-way South 58030L03"
East, 761.56 feet to a 4" x qu concrete monument; thence
conti'nuing along said Westerly FPtL right-of-way South 00047'14"
West, 1,066.70 feet to a 4rt x 411 concrete monument: thence
continuing al"ong said Westerly FP&L right-of-way South 00047'14-
West, 332.74 feet to an iron rod marking the intersection of said
Westerly F?&L right-of-way with the South line of the North half
of the South half of the Northwest quarter of Section 35,
Township 49 South, Range 26 East, Collier County, Florida: saId
point also being the Southeast corner of the parcel being herein
described; thence along said South line of the North half of the
South half of the Northwest quarter of SectIon 35, South
89004'40" West, 690.82 feet to a 4" x 4" concrete monument; said
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H...."" F i I e No. 85.23
9/30186
Sheet 2 of 2
point being the Southwest corner of the parcel being hereln
described; thence along the .West boundary I ine of said parcel
North OOo47'1~u East. 653.80 feet to a 411 x 4" concrete monument
marking the intersection of the West boundary of the water
treatment plant parcel with the South right-of-way of the
proposed access road to the water treatment plant parcel; thence
along said South right-of-way South 89031'01" West, 454.28 feet
to a 4" x 4" concrete monument marking the intersection of said
access road South right-of-way with the East right-of-way of a
canal: thence along said canal East rlght-o(-way North 00029' 15"
West 100.00 feet to the POINT OF BEGINNING.
AND
A portion of the North half of Section 35, Township 49 South,
Range 26 East; being described as follows:
Begin on the South I ine of the North hal f of said Section 35, at
a point North 89000'01" East 100.00 feet from the Southwest
corner of the North half of said Section 35, thence run North
00029'15" West, 1,334.19 feet, thence South 04021'08!1 East,
296.92 feet, thence South 02046'25" East, 750.60 feet to the
beginning of a curve concave to the Northeasterly having a radius
of 336.00 feet, thence run Southerly along said curve 240.58
feet, through a central angle of 41001'29'1 to the end of said
curve, thence South 43047'54- East, 94486 feet to the South line
of the North half of said SectIon 35, thence South 89000'01"
West. 206.27 feet to the POINT OF BEGINNING.
AND
A portion of the North half of Section 35, Township 49 South.
Range 26 East; being described as follows:
Begin on the South line of the North half of said Section 35, at
a point North 89000'01" East. 306.27 feet from the Southwest
corner of the North half of said Section 35. thence run North
43047'54" West, 94.86 feet to the beginning of a curve concave to
the Northeasterly having a radius of 336.00 feet. thence run
Northwesterly along said curve 240458 feet through a central
angle of 41001'29" to the end of said curve, thence North
02046'25" West. 750.60 feet. thence North 04021'08" West, 29L92
feet. thence North 00029'15" West. 85.00 feet. thence North
8g031'Olu East. 64.~2 feet. thence South 04021'08" East, 378.34
feet. thence South 02046125'1 East, 751.56 feet, to the beginning
of a curve concave to the Northeasterly having a radius of 266.00
feet, thence run Southeasterly along said curve 190.46 feet.
through a central angle of 41001'29" to the end of said curve.
thence South 43047' 54" East, 159.68 feet to the South I ine of the
North half of said Section 35. thence South B9000101u West. 95.40
feet to the POINT OF BEGINNING.
Containing 287.187 acres~ more or Jess.
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HOLE. MONTES & ASSOCIATES. INC.
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
, BUREAU OF STATE PLANNING
2740 Centerview Drive
Tallahassee, Florida 32399
904/488-4927
NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED
DEVELOPMENT OF REGIONAL IMPACT (DRI)
SUBSECTION 380.06(19), FLORIDA STATUTES
(SHORT FORM AS MODIFIED BY SWFRPCI
Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed
change to a previously approved DRI be made to the local government, the regional
planning agency, and the state land planning agency according to this form.
1. I, WILLIAM R. VINES, the undersigned authorized representative of NationsBank
Land Trust #5360, hereby give notice of a proposed change to a previously
approved Development of Regional Impact in accordance with Subsection
380,06(19), Florida Statutes. In support thereof, I submit the following
information concerning the CITYGATE COMMERCE PARK development, which
information is true and correct to the best of my knowledge. I have submitted
today, under separate cover, copies of this completed notification to Collier
County, to the Southwest Florida Regional Planning Council, and to the Bureau
of State Planning, Department of Community Affairs.
!I~.,c/
Date
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EXHIBIT "Bn
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2. Applicant: Richard K. Bennett, Trustee
NationsBank Land Trust #5360
865 Fifth Avenue, South
Naples. Florida 33940
813/262-0400
3. Authorized Agent: William R. Vines
Vines & Associates, Inc.
800 Harbour Drive
Naples, Florida 33940
813/262-4164
4. location: Collier County, Township 49S, Range 26E, Section 26
5. Provide a complete descrlpfjon of the proposed change. Include any proposed changes to the plan
of development, phasing, additional lands, commencement date, build-cut date, development order
conditions and requirements, or to the representations containsd In sither the development order
or the Application for Development Approval.
Indicate such chang.s on the project mastsr sits plan, supplementing with other det817ed maps, 8S
appropriate. Additiona/lnformation may be requested by the DSJ)8rtment or any reviewing agency
to clarify the naturs of the changs or the resulting Impacts.
The Citygate Commetce Patk Development Order was initially adopted as
D.O. 88-2 on December 13, 1988. DCA appealed this Development Order. A
Settlement Agreement between Collier County and DCA was ultimately
reached. resulting in adoption of Development Order 90-4 on August 28, 1990.
D.O. 90-4 contains adjustments to the language in D.O. 88-2, which
adjustments are specified by the Settlement Agreement. The Final Ordet of
Dismissal of the DCA appeal was issued October 29, 1990, which is deemed
to be the beginning date for the five year periOd within which the Development
Order indicates physical development of the project must commence, or
development approval will terminate. It is proposed that the mandatory
development commencement date be extended for five years to October 28,
2000. It is proposed that corresponding adjustments be made to the five three-
year development phases which are set forth in D.O. 88-2, It is also proposed
that the December 31, 2007 D.O. termination date set forth in D.O. 90-4 be
extended by five years to December 30, 2012.
No land is being added to or deleted from the approved Citygate Commerce
Park project. No modification to the approved Citygate Commerce Park Master
Development Plan is proposed.
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6. Ust .U the dates and ,esolution numbers (or other spproprlat. Idsnt/fication numbers) of all
modifications or amendments to the originally approved DRI development ordef that have been
.dopted by the Ioc.1 government. .nd provide. brie( description o( the previous ch.nges. Has
there been. change in local government Jurisdiction (or any portion o( the development since the
last approval or development order was Issued? "so, has the annexing local government adopted
. now DRI development order (or the project?
Original D.O. approval: 0.0.88-2, Resolution 88-309, approval date 12/13/88.
Amended Development Order following DCA appeal and subsequent Settlement
Agreement: D.O. 90-4, Resolution 90-431, approval date 8/28/90.
Final Order of Dismissal, DCA appeal: 10/29/90.
There has been no change in local government jurisdiction for any portion of the
project since the original D.O. was adopted.
7. Describe any lands purchased or optioned within 1/4 mile allh. original DR/site subsequent to the
or/ginal approval Of issuance of the DRI development order. Identify such land, its size, intended
use, and adjacent non.project land uses within 1/2 ml7e on a prOj9Ct master sits pl.1n or other map.
No additional lands have been purchased or optioned subsequent to the original
D.O. approval.
8. Does the proposed Chang, result In a change to the bUl7d-out date or any phasing date of the
p;oject? If so, indicate the proposed new buUd-out or phasing dates.
Development Order 88-2 provides at Page 11, General Consideration c., that
there are five development phases, terminating in 1994, 1997, 2000, 2003,
and 2006. It is proposed that ech of these phase endings be extended by five
years.
9. WiD the proposed change require an amendment to the local government comprehensive plan? If
so, provide the fOllowing for incorporation into such an amBnded development order, as pursuant
to Subsections 380.061151, F.S.. .nd 9J-2.025, Florid. Administrative Code:
a. An updated master site plan or other map of the development portraying and distinguishing
the proposed Changes to the previously approved DRI;
b. Pursu.nt to Subsection 380.06119/1fJ. F.S., Include the precise language that is being
proposed to be deleted or .dded as an amendment to the development order. This
language should address and quanti(y an proposed specific changes to the nature, phasIng,
and bUl7d-out d.te o( the development Including: revised development order conditions and
requirements: changes oradditlons to commitments and representations in the Application
(or Development Approval; .dditions or deletions to the acreage attributable to each
described proposed change of land use; Including open space, areas of preservation, and
green belts: changes, additions or deletions to the type or amount of structures: other
proposed improvements, Including locations, square footage, number 01 units; and other
major characteristics or components of the proposed change: and
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c. Includ8 an updat8d 18gal description of the property, If any project acreage is being, or has
been, added to or deleted from the previously approved plan of development.
The proposed change will not require an amendment to the Collier County
Comprehensive Plan.
10. As applic8bl8, Includ8 a proposed amend8d d8velopment order d8adline for commencing physical
development of the propoS8d changes.
D.O. 90-4 provides that significant physical development must be initiated
within five years from the date of final approval of the Development Order. The
5-year periOd is deemed to run from the October 29, 1990 date of the Final
Order of Dismissal of the DCA appeal, to October 29, 1995. It is proposed
that the Development Order deadline for commencing physical development be
extended by five years to October 28, 2000.
11 . If the proposed Changes would necessitate alteration of the adopted development order termination
datB, Include II proposed development order termination darB which reflects the time required to
completB the development. Dsscrib. andjustify the propo$sd dBvs!opment order tsrmination date.
D.O. 90-4 provides that the Development Order shall terminate on
December 31, 2007. It is proposed that this termination date be extended by
five years to December 30, 2012.
12. Include II proposed amended development order date untl] which the/Deal government agrees that
the changes to the DRI shaH not be subject to down-zoning, unit density ,eduction, or IntensIty
reduction, If appllcabl8.
0.0.88-2 provides in Paragraph 4. on Page 12 that the project is exempt from
down-zoning, or intensity or density reduction for a period of seven (7) years
from the date of adoption of the Development Order. It is proposed that this
exemption be extended by five years, resulting in the project being exempt from
down-zoning, or intensity or density reduction for a period of twelve (12) years
from the date of adoption of the Development Order, which is deemed to be
the October 29, 1990 date of the Final Order of Dismissal of the DCA appeal
of the originally adopted Development Order.
13. Include any proposed amended development order specifications for the annual report, including
the date of submission, cdntents, and parties to whom the report is submitted as specified in
Subsection 9J-2.02517j, F.A. C.
No changes are proposed for any of these items.
The sections of Development Orders 88-2 and 90-4 which are proposed to be
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modified follow, with the proposed deletions indicated by stril<e through, and the
proposed additions indicated by J!m9.iDm
A. Section 9.c. on Page 11 of D.O. 88-2 shall be amended to read as follows:
c. The development phasing schedule presented within the ADA and as
adjusted to the date of development order approval with phase endings
modified as follows: Phase 1-19~, Phase II 1 997 ~Q6, Phase 111-2000
20gB', Phase IV-2OW 2~, Phase V-20G6 2oillm, shall be incorporated as a
condition of approval. If development order conditions and applicant
commitments, incorporated within the development order to mitigate regional
impacts, are not carried out to the extent or in accordance with the timing
scheduled specified within the development order and this phasing schedule,
then this shall be presumed to be a substantial deviation for the affected
regional issue.
B. Previously amended Section 3, Page 12 of D.O. 88-2 shall be further amended
to read as follows:
3. This Development Order shall remain in effect for the duration of the
project. However, in the event that significant physical development has not
commenced within ten (10) years from the date of final approval of the
Development Order, development approval will terminate and this development
order shall no longer be effective. For purposes of this requirement "significant
physical development" does not include roads, drainage or landscaping but does
include construction of buildings or installation of utilities and facilities such as
sewer and water lines. This time period may be extended by the Board of
County Commissioners upon request by the Developer in the event that
uncontrollable circumstances delay the commencement of development. This
Development Order shall terminate on December 31, ~ g~g;.r.6'
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