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Backup Documents 09/22/2015 Item #17A 7 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To : Clerk to the Board: Please place the following as a:x Normal legal Advertisement Other: (Display Adv., Location, etc.) Originating Dept/Div: GMD/Zoning. Person: Nancy Gundlach Principal Planner Date:August 11,2015 Petition No. (If none,give a brief description): PL20150000281 and PL20150000545 Petitioner: (Name&Address): Hole Montes, Inc. Robert Mulhere FAICP950 Encore Way Naples, FL 34110 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date:Tuesday, September 22,2015, (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used: (Complete only if important): xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500154356 Proposed text: (include legal description&common locations&size): Legal Section Non-Legal Section Companion petition(s), if any&proposed hearing date: PUDA-PL20150000281,companion item to DOA-PL20150000545 Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: Date: Division Administrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA:Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: if legal documents is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings: initiating Division head to approve and submit original to Clerk's Office, retaining a copy file. FOR CLERK'S 0 FIC r C q Date Received U t4 /J Date of Public Hearing ! Z/ i Date Advertised I LS- 17 A , I 1 I g 1 1 I 1 $ ° E '! E m oo IQ Q g i - ? W C g E re 110) 0 W DI tl 3 8 1 E = 't 1 O W m a 1 5 i V � 2 W 0 11- C g 1 U' y i « G W I O = E I m m E ° W N I ° �V m W '� a a ii .4 t co 0 Z• El 0 V ° I n m G 1A O v c I '2 CO c 4 Ccp o m I O a m a m U tl tI}1 .. o W 53 1 N I d 8 H Z o 5"E g' 7- O I 3 OJ 9 J g '- _O C a O °•2 ) 2 I 0 v $ ° d Ng{y �_N ~ E.W a 1 D CC f. 1 G W W S h J m a s E ° y O I Z N W co O °� 1 Z R U O 2 O) I °I m E o �� to- S E$ m -- W J Moir ° U o .4 6 ' ° G o ' 2 OCal 3 I `w '0° N.)-.. 8 m : ° E °' .°- U J —° l 0. S r W �,a L4 �W m 1 a c v ' o o. m ta E x a m= I i a m 8 ° 2t3 °I" N I a sT 0 2 c i W m I to 8 g .. n W y o m ` o 8 ,8 o .4 G H 0 6 � � 2 C m q s I C N m N Q 6 2 C Q :N W' WitiH z U ~ § WW O 0 W W c I U G 1 l7 W 2 W ° c W . rc I ' V q _ 2 w . O N O W V V. 'O U 9 U a Ol c m O W ..5 U y m W m p E =O + o l N O C m D Z 2 v O -W I' J O. W 0 LL y 3 X n q C t I E 2- X R z v m , 1 a W Z Z! 2 i Z =. ° U y O J 0 7 Martha S. Vergara From: BeasleyRachel <RachelBeasley@colliergov.net> Sent: Tuesday, August 11, 2015 1:10 PM To: Minutes and Records Cc: Gundlach, Nancy; Ann P.Jennejohn; Bellows, Ray; Bosi, Michael; Kendall, Marcia; Lang, Ashley; Neet, Virginia; Rodriguez, Wanda Subject: Tollgate BCC Petitioner CORRECTION Attachments: Tollgate BCC Advertising.docx Hello all- Please excuse the oversight due to a CityView error; the petitioner in this is Fred Hood and not Robert Mulhere. I have made the correction and include the corrected document. I apologize for any confusion. Best, Rachel Beasley, Planner Planning and Zoning Division Zoning Services Section Growth Management Department— Planning & Regulation Telephone: 239.252.8202; Fax: 239.252.6483 crci1(ve r C.,ovnity Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead.contact this office by telephone or in writing. 1 - - 7 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE and RESOLUTION Notice is hereby given that on Tuesday,September 22, 2015, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance and Resolution. The meeting will commence at 9:00 A.M.. The title of the proposed Ordinance and Resolution are as follows: 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), by amending the PUD Master Plan to convert Lots 16 through 20 as shown on the PUD Master Plan from Commercial to Commercial/Light Industrial; and providing an effective date. The subject property is located at the intersection of Collier Boulevard (CR-951) and Beck Boulevard in Section 35, Township 49 South, Range 26 East, and Section 2, Township 50 South, Range 26 East, Collier County, Florida. [PUDA-PL20150000281,companion item to DOA-PL20150000545] 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, companion item to PUDA-PL20150000281) A copy of the proposed Ordinance 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. NOTE: 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 5 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 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case,written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. 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 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 CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk(SEAL) ` A ORDINANCE NO. 15- 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), BY AMENDING THE PUD MASTER PLAN TO CONVERT LOTS 16 THROUGH 20 AS SHOWN ON THE PUD MASTER PLAN FROM COMMERCIAL TO COMMERCIAL/LIGHT INDUSTRIAL; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD (CR-951) AND BECK BOULEVARD IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. IPUDA-PL201500002811 WHEREAS, on February 11, 1992, the Board of County Commissioners adopted Ordinance No. 92-10, which established the Tollgate Commercial Center Planned Unit Development (the "Tollgate PUD"); and WHEREAS, on December 14, 1993, the Board of County Commissioners adopted Ordinance No. 93-91, which amended the Tollgate PUD; and WHERIAS, Sky Angel Center, LLC represented by Frederick I . Hood, AICP of Davidson Engineering, Inc. petitioned the Board of County Commissioners to further amend the Tollgate PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to PUD Master Plan. Exhibit "A" to the PUD Document, the PUD Master Plan, attached to Ordinance No. 92- 10, as amended, is hereby amended and replaced with the Exhibit "A" attached hereto and incorporated herein. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this day of _....._._........____ , 2015. 15-C1'S-01426/1 1759041 11 17 1 of 2 Tollgate Commercial Center- Plll)A-PI 20150000251 4./30/15 — NM 17A ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A-- Revised PUD Master Plan 115-cPs-o1 426/1175901d 17 2 of 2 Tollgate Commercial Center- l>11DA-P1_20150000281 4130115 17k 7 A __._ A - ti- •. am MASTER w DEVELOPMENT PLAN p::::,,,;;:::::::*::::::. TOLLGATE 1. .N s COMMERCIAL CENTER ' s i..1, c 6 January, 1991 : '^ '. tai::{{•:::•11:tiff{r:•r{•L•J•.-:•: r t'"4.(/. I a W fV y fie v}r s= X 2 q2; O v4ia 4.'',Z g A:1111 t. A •3 d' _� /. H W f .*:41* OWSEMBEIN HJ :' r; •-•:1 At:4.?„...1::: -. Ii R r~ .M1j .. .. �.Lf:: rrQ��N U J{":'ti �+r I+N iiFl IMi M 1 11 �< a :•.!; ref 11/11i: i g:r}is ;.:% ., 1 J:1•JJ:}ry .1: NN-t'I'S1 V.1..\tvlt tl� //J! V a 0 a h Z. o 0 r•- F w R• £ TO' LL:ATE BLYD./ �1l1W - ' 1 / C.R 951 EXHIBIT rran 1 u DEVELOPMENT ORDER NO. 15- RESOLUTION NO. 15- 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-01427/1185322/1]40 Toll Gate Commercial Center DRI/PUD 1 of 4 DOA-PL20150000545— 6/09/15 A, __ 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 ; 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 , 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-01427/1185322/1]40 Toll Gate Commercial Center DRI/PLID 2 of 4 DOA-PL20150000545— 6/09/15 I 174 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 majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY:__ By: Deputy Clerk TIM NANCE, Chairman [15-CPS-01427/1185322/11 40 Toll Gate Commercial Center DRI/PUD 3 of 4 DOA-PL20150000545— 6/09/15 __I 7 A Approved as to form and legality: r . Heidi Ashton-Cicko 1jp\.' Managing Assistant County attorney Attachments: Exhibit A—Notice of Proposed Change Exhibit B—Revised Master Development Plan [15-CPS-01427/1185322/11 40 Toll Gate Commercial Center DRI/PUD 4 of 4 DOA-PL20150000545— 6/09/15 17A 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. April 21,2015 ‘1/4,� Date Signature 1 Exhibit A Page of 14 7 A 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 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 of.142. I 7 A 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 1/2 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 'X 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,1 ,_ofIL_ idik • ..._ 1 7 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 Page of /2. 7 A 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 el i co W a Z u y x `..- LA. E P. .. b 0 "' a. O CA Yr Ca. Cill s G., cY 0 N V ..4 a. 0 40 cC4 N U U z L . tu o i o z 0. a a . o z 0. 4..: s A Q 0 trj W c4w01) rn F o W C., L A C 0 o 0.CI, y" z •� o o Q I -w 0 — Cl.) C4 — � 2oco a) E-v A E1-1 a 0 03 E C -v w FCZ 65 cw �, CO H CI 45 L VI v � ^ - VJ FI � ^J y - Co)cA = Fi tt -, V m W =3bA r" :. O. v • V (.4-t V1 © U V 'G a ti) A SrJ 2 °k N 7.1 z ^ ^f4 C 7' s9 ...i� to a3j r y C d I . C. a) •t, �: C. ... to = o t 10 ')' J 8:1 N :C ,*SCS LG J J V• clJ * = C • m z o E = y v C cl Vco — c s GG E E-• O C ;0'''. g o~ U ' MI Q < Z -,5 Exhibit A S alit/ b. Ordia .. ' 7-11-'I --"' _ ._ .,„, ., 3 a. •cn -v La 0 E -0 a> z 0 o.0 L a V .f.. . . Q N V 0 V xas Q V x c ctU Q C _. •v V n. 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AsNI\[/Kitt}. {W � .2W 16.1 et j r rrr� ? ;J '': . $.$ 53E:: ci. ,„ :,„ .... ..., i :„.... .... W J: ati .,.. BUSH BOULEVARD- 4. co„ < y -N ger _ a � a + s I= xr TO MC ATE. ER.vO. �� 0. ., . 1 / —"'-/� c. NM / C.R. 951 WIN — .,_......' EXHIBIT B t7A Acct #068779 August 11, 2015 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDA-PL20150000281/DOA-PL20150000545 Tollgate (Display Ad w/MAP) Dear Legals: Please advertise the above referenced notice (w/MAP) Wednesday, September 2, 2015 and send duplicate Affidavits of Publication, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500154356 17A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE and RESOLUTION Notice is hereby given that on Tuesday, September 22, 2015, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance and Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance and Resolution are as follows: 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), by amending the PUD Master Plan to convert Lots 16 through 20 as shown on the PUD Master Plan from Commercial to Commercial/Light Industrial; and providing an effective date. The subject property is located at the intersection of Collier Boulevard (CR-951) and Beck Boulevard in Section 35, Township 49 South, Range 26 East, and Section 2, Township 50 South, Range 26 East, Collier County, Florida. [PUDA-PL20150000281; companion item to DOA-PL20150000545] 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; companion item to PUDA-PL20150000281) A copy of the proposed Ordinance 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. NOTE: 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 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 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. 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. 1 7 4 4 t 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 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 TIM NANCE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17 A County of Cdilier CLERK OF THE CIRCUIT COURT COLLIER COUNTYSOURT\HOUSE 3315 TAMIAMI TRL E STE 102 Dwight E.Brock-dierk of Circuit Court P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auditor ustolian of County Funds August 12, 2015 Davidson Engineering, Inc. Attn: Fred Hood, AICP 4365 Radio Road Suite 201 Naples, FL 34119 Re: Notice of Public Hearing to consider Petition: PUDA-PL20150000281 & DOA-PL20150000545 Tollgate Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, September 22, 2015, as indicated on the enclosed notice. A legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, September 2, 2015. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com 17A Martha S. Vergara From: Martha S.Vergara Sent: Wednesday, August 12, 2015 10:50 AM To: Naples Daily News Legals Subject: PUDA-PL20150000281/DOA-PL20150000545 (companions) Tollgate Attachments: PUDA-PL20150000281-DOA-PL20150000545 Tollgate (9-22-15 BCC).doc; PUDA- PL20150000281-DOA-PL20150000545 Tollgate (9-22-15 BCC).doc Legals, Please advertise the following attached ad Wednesday, September 2, 2015. Please forward an ok when received, if you have any questions feel free to call me. Thanks Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 17 A Martha S. Vergara From: ivonne.gori@naplesnews.com Sent: Friday, August 28, 2015 2:23 PM To: Martha S. Vergara Cc: ivonne.gori@naplesnews.com Subject: REVISED Ad: 668088, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: BCCZONINGD-44-668088-1.pdf Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 i• n : • >Ad Proof :11 *ill w Sales Rep:Ivonne Gori(N9103) Phone:(239)262-3161 Email:ivonne,gori@naplesnews.com Account Information Date:08/28/15 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:505868(N068779) Please confirm placement prior to deadline by contacting your account Company Name:BCC/ZONING DEPARTMENT rep at(239)262-3161 . Ad Id:668088 P.O.No.:4500154356 Total Cost:$847.64 Contact Name: Email:martha.vergara@collierclerkcom Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:09/02/15 Stop Date:09/02/15 Phone:(239)774-8049 Fax:(239)774-6179 Number of Times: 1 Class:16180-Notice Publications:ND-Naples Daily News,ND-Internet-naplesnews.com >Ad Proof' I agree this ad is accurate and as ordered. NOTICE Of PUBLIC HEARING NOTICE OF BRENT TO CONSIDER AN ORDINANCE and RESOLUTION Notice Is hereby given that n Tuesday,September 22,2816,In the Board of County Commissioners Meeting Rpm,Third Floor. Collier Government Center,3299 Tamiami Trail East.Naples FL., the Board of Cermty Commissioners(BCC)will consider the enactment of a County Ordinance and Resolution.The meeting il commence at 9,10 A.M.The title of the proposed Ordinance and ResolMin areas follows: An Ordinance of the Board of County Commissioners of Collier County,FloridaamendingOrdinance Number 92-10, as Developmentt(PUD)Tollgate the byamendieiqg the PUD Master Pan to Plart Lots 16 through 20 as drownn the PUD Master n from Commercial to CommerciLIghtplenduustrial;and at tbelintresectioniat Collier Boulevard(CR-9 1)land Beck Boulevard In Section 35,Township 49 South,Range 26 East, and Section 2.Township 50 South,Range 26 East,Collier County.Farida.(PUDA-PL2015000D281;companion Item to 300-P12 00 500 0054 5] A Resolution amending Development Order 84-1. as mended, 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 10 through as, comprising 8.931 acres of property Dom Commertal to Section Thsee,iCsht I lusiotrnsof L w;a nd Setluni 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.Townshipyy49 Rany a 26n Ee tb colllern Cou ty,nFlvrtda(Petiti n DOA- P12200150;00545;companion item to PUDA--ePL20150000281) with the Clerk to then Bodard ord isavail ble for irtt n file interested parties are invited to attend and be heard. AI l NOTE:All persons wishing to speak on any agenda Item must register with the County managerprior to presentationof e agena item to be addressed.Individual speakers will e limited to 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 fora group or organization may be allotted 10 minutes to speak on an Item. Persons wishing to have written or graphic materials Included in the Board agenda packets must submisaid material aminimum of 3 weeks prior to the respective public hearing.In any case, written materials Intended to be considered by the Board shall by. be submitted to the appropriate County staff minimumof en dayys prior to the publ'M hearing.All materials ud in ooeese record.before the Boartl will become a permanent part f yNe record. wAny ll need a record oferson who decides thelo appealngsy dpertaining theretthe BopWE annd y nee proceedings p prthocefore,edings ma d which ensure that a verbatimethe retand evidence upon whicmade, the appeal is based. includes the testimony and if you area person with a disability whon Reds any accommodation In order to participate In this proceeding,youare entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Divlaion, located at 3335 Tamiami Trail East,Suite 101.s 1yNaples.FL 34112- 5356,(239) devices for the at least two earing Impaired the available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA TIM NANCE,CHAIRMAN DWIGHT E.BROCK.CLERK By: Martha Vergara,Deputy Clerk (SEAL) 2015 No.668088 Thank 2, ou for your business. Our commitment to a quality product includes the advertising in our publications. As such,Journal Media Group reserves the right to categorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified depart- ment immediately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may be pro-rated for the remaining full days for which the ad did not run. 17A Martha S. Vergara From: Neet, Virginia Sent: Monday, August 31, 2015 2:32 PM To: Martha S. Vergara Subject: FW: PUDA-PL20150000281 - Tollgate 8.93 acres Approved by Heidi. From: AshtonHeidi Sent: Monday, August 31, 2015 2:31 PM To: AshtonHeidi; NeetVirginia; RodriguezWanda Subject: RE: PUDA-PL20150000281 -Tollgate 8.93 acres No map is needed under Section 125.66 FS. t{eid'Arkto,-aio Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: AshtonHeidi Sent: Monday, August 31, 2015 1:34 PM To: NeetVirginia; RodriguezWanda Subject: RE: PUDA-PL20150000281 -Tollgate Yes, except Wanda is checking to see if a map is needed. teia/'Arko,-eiic€o Heidi Ashton-Cicko Managing Assistant County Attorney OFFICE OF THE COUNTY ATTORNEY 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: NeetVirginia Sent: Monday, August 31, 2015 1:26 PM To: AshtonHeidi; RodriguezWanda Subject: RE: PUDA-PL20150000281 -Tollgate Otherwise OK? I checked the titles against the Ordinance and Resolution. Dinny 1 .7 1 ? A Martha S. Vergara From: Martha S. Vergara Sent: Monday, August 31, 2015 2:42 PM To: 'ivonne.gori@naplesnews.com' Subject: RE: 668088, NOTICE OF PUBLIC HEARING NOTICE OF I Ivonne, This ad has been reviewed and approved by the legal dept., please proceed with publishing as requested. Thanks, Martha Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent: Monday, August 31, 2015 10:59 AM To: Martha S. Vergara Cc: ivonne.gori@naplesnews.com Subject: Ad: 668088, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 17 A Martha S. Vergara From: Gori, Ivonne <ivonne.gori@naplesnews.com> Sent: Monday, August 31, 2015 2:43 PM To: Martha S. Vergara Subject: RE: 668088, NOTICE OF PUBLIC HEARING NOTICE OF I Thanks! Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.352.1251 E: ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Original Message From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Monday, August 31, 2015 2:42 PM To: Gori, Ivonne <ivonne.gori@naplesnews.com> Subject: RE: 668088, NOTICE OF PUBLIC HEARING NOTICE OF I Ivonne, This ad has been reviewed and approved by the legal dept., please proceed with publishing as requested. Thanks, Martha Original Message From: ivonne.gori@naplesnews.com [mailto:ivonne.gori@naplesnews.com] Sent: Monday, August 31, 2015 10:59 AM To: Martha S. Vergara Cc: ivonne.gori@naplesnews.com Subject: Ad: 668088, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the document you requested. Please review and let us know if you have any questions. Thank you. Ivonne Gori I Legal Advertising Specialist 0: 239.213.6061 F: 239.263.4307 E:ivonne.gori@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 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 I/7240 4. BCC Office Board of County 1kN( Commissioners 5. Minutes and Records Clerk of Court's Office 4-1)M Q( (5 1, y toin PRIMARY CONTACT INFORMATION t 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 Nancy Gundlach Phone Number (239)252-2484 Contact/ Department Agenda Date Item was September 22,2015 Agenda Item Number 17. A. Approved by the BCC Type of Document Resolution Number of Original 1 Attached ,30/S—/4/5 L,2Jlsj Documents Attached PO number or account 131-138326;59$:7315-000 0 number if document is to be recorded V-k INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Ap•licable) 1. Does the document require the chairman's original signature? ©V__ . 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 signed by the Chairman,with the exception of most letters,must be reviewed and signed N.G. 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 N.G. 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 N.G. signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N.G. 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 September 22,2015 and all changes N.G. made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the . BCC,all changes directed by the BCC have been made,and the document is ready for e 1/ Chairman's signature. ` 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 15— - - 1 17A 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 [1 5-CPS-01427/1205410/11 57 Toll Gate Commercial Center DRI/PUD 1 of 4 DOA-PL20150000545— 8/27/15 17 A 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-01427/1205410/1] 57 Toll Gate Commercial Center DRI/PUD 2 of 4 DOA-PL20150000545— 8/27/15 17 A 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 majovote of the Board of County 1 Commissioners of Collier County, Florida, this aal'd day of )-Cori)_ , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROOK;CLERK COLLIER COUNTY, FLORIDA B L $ / �� G� y• j1 !i►. y• Attest as to Qha �ler, \,. I TIM NANCE, Chairman signature only. i [15-CPS-01427/1205410/1]57 Toll Gate Commercial Center DRI/PUD 3 of 4 DOA-PL20150000545— 8/27/15 �j _�✓ 17 A Approved as to form and legality: f1 ) Hei i Ashton-Cicko ct\i' 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 �CA 17A 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. er April 21,2015 Date Signature 1 Exhibit A Page I of--a- Y 17 A 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 c/o 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 ja.of!,a 17 A 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 1/2 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 X 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 jA. 17k 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 Page of JAZ lA 17 A 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,5y of,,,fat rnA0 17 * W c. W n t7 •- CU O U 0 A D E W O E-' o > A ° a 75 w 0 CA a) d o U Z o at V -o U z • b o a) 0 Q a o z a sL A U N CD W cal c F 0 ° W p,, c " A 0 ° o z x Q O a" o d CU.4' Q v > > .2 A ›.tp = -v E z G07 wth o E.W., = s i A V bA - 'i = ct v� to U 2 U ° CC W sE-' o c; = U c gv) c) t6.o g ° 0 c c 6, Q 0 t o U -4-. 7. v C ° 3 3 . o 0 0 .o 4t 4 C Q a w Ll d se rx H It lt d � Q ace 0 0 W as 0 A o E L a> • ?.+ o m W y o, 0 O Z L F~ o v, .-c� W 0 en 0 c F Q d - -o EX hib t A _,, Page.4 of 17 A a) 4.40 w 0 E 70 a) 0 0.. 0 ;5. 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