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Resolution 2015-193/DO 2015-01 DEVELOPMENT ORDER NO. 15-01 RESOLUTION NO. 15-1 9 3 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 BY AMENDING THE MASTER DEVELOPMENT PLAN TO CONVERT LOTS 16 THROUGH 20, COMPRISING 8.93± ACRES OF PROPERTY FROM COMMERCIAL TO COMMERCIAL/LIGHT INDUSTRIAL; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD AND BECK BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST AND SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (PETITION DOA-PL20150000545) 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; 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 WHEREAS, Sky Angel Center, LLC has filed a Development Order Amendment (DOA) Application and Notice of Proposed Change to a Previously Approved DRI (NOPC) to convert Lots 16 through 20 from Commercial to Commercial/Light Industrial by adding the parcels to the "B" parcels as shown on the Master Development Plan. The NOPC is attached hereto and incorporated herein as Exhibit "A"; and [15-CPS-01427/1205410/1] 57 Toll Gate Commercial Center DRI/PUD 1 of 4 DOA-PL20150000545— 8/27/15 WHEREAS, the Collier County Planning Commission reviewed and considered the report and recommendation of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on July 16, 2015; 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 September 22, 2015, the Board of County Commissioners of Collier County, Florida, in accordance with Section 380.06, Florida Statutes, having considered (a) the DOA Application and the NOPC, (b) the record made at the aforementioned hearing, (c) the record of the documentary and oral evidence presented to the Collier County Planning Commission, (d) the report and recommendation of Collier County planning staff, and (d) the report and recommendation of the Southwest Florida Regional Planning Counsel, 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 AND MASTER PLAN Exhibit C contained in the DRI Development Order, Resolution No. 92-100, the Master Development Plan, is hereby amended and attached to this Resolution and incorporated herein as Exhibit "B". SECTION TWO: FINDINGS OF FACT A. The proposed changes to the previously approved Toll Gate Commercial Center DRI does not constitute a substantial deviation as set forth in Section 380.06(19), Florida Statutes, however, it does not create additional regional impacts. B. Pursuant to Section 380.06, Florida Statutes, the applicant submitted the NOPC to Collier County, the SWFRPC and the Department of Economic Opportunity. C. The DOA Application and the NOPC are in accordance with Section 380.06, Florida Statutes. D. The proposed changes to the previously approved Development Order are consistent with the report and recommendation of the SWFRPC. E. The development is not in an area designated an Area of Critical State Concern pursuant to Section 380.05, Florida Statutes. F. No increase in overall development intensity is authorized by this Resolution. [15-CPS-01427/1205410/11 57 Toll Gate Commercial Center DRI/PUD 2 of 4 DOA-PL20150000545— 8/27/15 7CA SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Toll Gate Commercial Center DRI does not constitute a substantial deviation, as set forth in Section 380.06(19), Florida Statutes, but it does not create any additional regional impacts, and therefore does not require further Development of Regional Impact review. B. The proposed changes to the previously approved Toll Gate Commercial Center DRI will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed changes to the previously approved Toll Gate Commercial Center DRI are consistent with the Collier County Growth Management Plan and the Collier County Land Development Code adopted pursuant thereto. D. The proposed changes to the previously approved Toll Gate Commercial Center DRI are consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, AS AMENDED; TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY; 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. Copies of this Development Order/Resolution shall be transmitted immediately upon execution to the Department of Economic Opportunity (Division of Community Planning and Development) and the SWFRPC. C. This Development Order/Resolution 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 majo ty�vote of the Board of County Commissioners of Collier County, Florida, this 1`°day of )--t'ii , 2015. ATTEST" `- BOARD OF COUNTY COMMISSIONERS DWIGHT E: BROC QLERK COLLIER COUNTY, FLORIDA vr B y: By: /1 '',ate‘we--- Attest as to TIM NANCE, Chairman signature only; ,. T [15-CPS-01427/1205410/1]57 Toll Gate Commercial Center DRI/PUD 3 of 4 DOA-PL20150000545— 8/27/15 Approved as to form and legality: a , Hei i Ashton-Cicko cAti Managing Assistant County attorney Attachments: Exhibit A—Notice of Proposed Change Exhibit B —Revised Master Development Plan [15-CPS-01427/1205410/1]57 Toll Gate Commercial Center DRI/PUD 4 of 4 DOA-PL20150000545— 8/27/15 j_A FORM DEO-BCP-PROPCHANGE-1 Rule 73C-40.010, FAC. Effective 11-20-90 (Renumbered 10-01-11) STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY DIVISION OF COMMUNITY PLANNING & DEVELOPMENT The Caldwell Building, MSC 160 107 East Madison Street Tallahassee, Florida 32399 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT(DRI) SUBSECTION 380.06(19), FLORIDA STATUTES 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, Frederick E. Hood, AICP, the undersigned authorized representative of Sky Angel Center, LLC, (APPLICANT) 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 Tollgate Commercial Center PUD/ DRI (ORIGINAL/CURRENT PROJECT NAME) 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, (LOCAL GOVERNMENT)to the Southwest Florida Regional Planning Council, and to the Bureau of Community Planning, Department of Economic Opportunity. 1\s April 21,2015 Date Signature 1 Exhibit A Page j of,- - 2. Applicant (name, address, phone). Sky Angel Center, LLC Rob Johnson, Director of Sky Angel Holdings, LLC, Manager of Sky Angel Center, LLC 1300 Goodlette Road N Naples, FL 34102 clo Mr.Andrew Solis PH:239.390.1900 FX:239.390.1901 Email:rob.johnson @skyangel.com 3. Authorized Agent (name, address, phone). Frederick E. Hood,AICP Davidson Engineering 4365 Radio Road, Suite 201 Naples, FL 34104 Phone:239.434.6060 Fax:239.434.6084 Email:fred @davidsonengineering.com 4. Location (City, County,Township/Range/Section) of approved DRI and proposed change. Naples, Collier County,Section/Township/Range: 35/49/26 and 2/50/26 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. It is the Applicant's intent to convert Lots 16-20 within Tollgate Commercial Center Phase 3 from Commercial to Commercial/Light Industrial. This proposed change will generate less traffic, therefore having a less impact on the existing roadways. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. No significant changes to the previously approved development program are being contemplated with this submittal. 2 Exhibit A Page A2_,of!� tiJ 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Please see the attached Composite Exhibit 1. • Ordinance 84-06 PUD Approval for 69.4 acres • DRI Development Order 84-1 approving ADA for 69.4 acre DRI • Ordinance 90-54 PUD Approval for 78.57 acres • Ordinance 90-92 Adding Environmental conditions • Ordinance 92-10 PUD Approval for 100.23 acres • Resolution 92-100 Amending DRI Development Order 84-1 • Resolution 92-222 Amending DRI Development Order 84-1 • Ordinance 93-91 Amending PUD Conditions • Resolution 97-74 Substantial Deviation Amending DRI Development Order 84-1 • Resolution 97-75 Amending DRI Development Order 84-1 extending build-out to 12/30/02 • Resolution 03-428 Amending DRI Development Order 84-1 extending build-out to 12/29/07 • EX-2010-AR-14663 Extending DRI build-out to 1/1/12 (Under Florida State Senate Bill 1752) • Development Order 14-02/Resolution 14-229 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within Y: mile on a project master site plan or other map. This description is not applicable. The original developer, who would have purchased or optioned property within a%mile, is no longer involved in the DRI. There are two remaining vacant land owners within the DRI. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES X NO 3 Exhibit A Page �_of, .. • 10. Does the proposed change result in a change to the build-out date or any phasing date of the project? If so, indicate the proposed new build-out or phasing dates. The proposed change to convert certain Commercial Properties to Commercial/ Light Industrial does not change the build-out date or any phasing of the project. 11. Will the proposed change require an amendment to the local government comprehensive plan? Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), F.S., and 73-40.025, Florida Administrative Code: A Planned Unit Development Amendment and a DRI- Notice of Proposed change have been submitted concurrently with this application with Collier County Growth Management. 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. A copy of the original Master Site Plan has been included for your review, along with a copy of the proposed Master Site Plan. No changes are required to the Collier County Growth Management Plan. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: There is no language change contemplated to the development order. The proposed change to the master plan does not trigger a change to the development order. a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; It is the Applicant's intent to convert Lots 16-20 (8.93 acres) within Tollgate Commercial Center Phase 3 from Commercial to Commercial/ Light Industrial. This proposed change will generate less traffic, therefore having a less impact on the existing roadways. 4 Exhibit A Pagel..of OA° b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; The current legal description and boundary of the DRI has not changed since the last approved extension request. Please find attached, to this submittal, a copy of the legal description and sketch. c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; N/A d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; N/A e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and Acknowledged. f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 73C-40.025 (7), F.A.C. N/A 5 Exhibit A Page.,.,of/a, OA° c ct W a. Z W C7 d 4 CA U : d c-) o A O. b Ow 0 . dd WA 0.. a 0 Qz o a r4a ct a x O U 0 z b O O 1) Q d o a z a C. y ��// U N W v) 4 C O W Or o z A O o a a. t z a O o cn Q '00 > w E A a C to -a E i 4. 0 E.r O b0A 0 0 O Q �W„ ai Q „s c N V U t).0 -p Q ct ” to .2 v Q O W O = N v 0 'O o 6 C c . ':4 ti v f to z O c-,C/ 4t � c 0 i - •� C. C E c o aS ,rr O v ' 0 O V a O •C. ¢ �, d 0 C U UO 00 a� C (� Cc) c� v t U L E tu O d 3 3 E - o o C.3 CC; ci v� °� D �, a C7 n ' O �. 4t ; v) d a) w 6 d cC c4 E-- qt d in d n! 0 cr �. 0 ( o E o .� g L d 2 p co ►.a o �, o a • v 0 C z s. d d z -o Exhibit A �� rage ..of. . c cct n, a) b 0 E -o 0 0 a. 0 L 0 s 0 Q 0 U 'S c73�H W N Q bA M C Ct V 0 z -0 C CA — 0 Q a. 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A -o o d 4.4-4 F o o Z o F 0 C. bA bA U Qa a) O Z O 4 a� v Q +� Q O Z a) c; O a 'O O Q '^' O C L '+'' E c a 'O bOA 0 4. O bOA c0 CIO 0 sue. ,. al 0 CD 0 C v a>i O p V V Q to H M Q d V) c C] Q E a- L I, >, _C cti 7cs Cc's'a o o L Q C3 c o c o 0 E Q t pa - o o W -0 C. a) v o o .o L al al -4-4 L>..>— i• Cri L r'n G > 0 a) 'V a) a a) as . O c9 . ci O. Z -a Exhibit A - , 'heap l2 of ) `\t_ MAF'Ii MASTER ,����- 6; DEVELOPMENT PLAN ''r TOLLGATE Z � COMMERCIAL CENTER ` ' A January, 1991 '"' oo� • ...: 8 p :: W rW ..1 Zti• .. .7.WaJ 1 ill 1 g .,. ,,,,,.„° ir1 °jam ty o?oao� :t�ti r}alt; / ; rn t. WaV �� •:ti• 0: p Yd�at N� A w F t,+ .14:I;M.: AI IX DRIVE 1 fix: v~, •{ t, C F yn W //, 4rI W :1.'0 • 4115:: _ 11111 a. gr < t, F Ma w.w •4 4HIII Li cz 0. �y , ct C .1 1 i i�ti. BUSH BOULEVARD- Q C ; ;::1:ti j �+ IL :. •,::: F1'&I.F.AS F'.V,FVT� t t g_ W go A fil re W.§ a W ,� TOLLGATE BLVD. W N r t ( t .W F e a h3 t Q - tom . ..._.%Z L1 4 '4 MIN C.R. 951 \VIEW .. C ------ r.1 ... EXHIBIT B , ,