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Resolution 1995-143 DO 95-2 ,. 8 A 1 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. -1- . ._"--'"'t"~.~,...,-' 8 A 1 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. -?- 8 A 1 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. -3- .__ "'". .__.__.,__,~~~"~,~,,.._"_~'''__~_ ..~_. ....".,d,..~.,~~_~"~_"_~.,,.~.-....__~~fl~.-.__.~~,,_.-.'.-'~_..._~..----~".._"'~--.,.-""".-.~_1'"_~.""""-..."."-,,..~~~ .. 8 A 1 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--. :>1 '::,J t . ,': 1:'1 IRMAN S BY: ATTEST: DWIGHT E. v, , BROCK/ CLERK ~ .; 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. -4- ...-_....,._'".._...--.._-_._~,._~._~-_..,_..~."_.--".'_.--.-" 1- 8 A 1 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 2 - .tXh1bit "A" .. _~_~~_,."_~_.~e_".'''''_~"'"_~~'~'"^'_''_U''"___''_'__' II I 8 A 1 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. 3 HOLE. MONTES & ASSOCIATES. INC. '-";"fi~~~~:~~~~-~;'~"';JFf''';; , ';':';r::':"~' ..! 8 A 1 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 ~ 1 EXHIBIT "Bn d,._~," ....._~_~,,"'_,'''~~ ',.,-,,,. _ ''"4'~-..~--~,~~-~...,,,...-,~,-.~,"-.".,,..~.,,, """'," .... ,"'-_ _,"',___'__~W_"',..'"'" ..'"" 8 Al-" 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. 2 .---,.<..~.,". "^~'-"~"'<>'~I"~ .."'''",.-..'-..^..""., 8 A 1 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 3 "'-4-"--. 8 A 1 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 4 ""'I"-""'"'-'''-'-''~'''''''>''''" 8 A 1 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' 5 . "'~'-"""''''''''--'''""- ....."j