Agenda 09/22/2015 Item #17A 9/22/2015 17.A.
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held
on this item, all participants are required to be sworn in. Recommendation to approve a Resolution
amending Development Order 84-1, as amended, for the TollGate 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).
OBJECTIVE: To have the Board of County Commissioners (Board) review staffs findings and
recommendations along with the recommendations of the Collier County Planning Commission (CCPC)
regarding the above referenced petition and render a decision regarding the petition; and ensure the
project is in harmony with all the applicable codes and regulations in order to ensure that the
community's interests are maintained.
CONSIDERATIONS: The petitioner seeks an amendment to the Tollgate Commercial Center
Development of Regional Impact (DRI) Development Order (DO) in accordance with Florida Statutes,
Subsection 380.06(19), to convert Lots 16 thru 20 within the Tollgate Commercial Center Phase 3 from
Commercial to Commercial/Light Industrial.
The Southwest Florida Regional Planning Council approved the proposed change on May 21, 2015.
FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help
offset the impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as needed to
maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the
requirements of concurrency management, the developer of every local development order approved by
Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with
the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other
fees collected prior to issuance of a building permit include building permit review fees. Finally,
additional revenue is generated by application of ad valorem tax rates, and that revenue is directly
related to the value of the improvements. Please note that impact fees and taxes collected were not
included in the criteria used by staff and the Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE):
Comprehensive Planning staff finds the proposed Development Order consistent with the Future Land
Use Element. A more detailed description of the GMP consistency is contained in the attached Staff
Report.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
heard petition DOA-PL20150000545. Tollgate Commercial Center Development of Regional Impact
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(DRI) on July 16, 2015, and by a vote of 6 to 0 recommended to forward this petition to the Board with
a recommendation of approval.
There have been no letters of objection received. Therefore, this petition has been placed on the
Summary Agenda.
LEGAL CONSIDERATIONS: Petitioner is requesting an amendment to the Master Development
Plan of the DRI Resolution. The Department of Economic Opportunity has agreed that the proposed
change to the Master Concept Plan is not a substantial deviation in accordance with Section 380.06(19),
F.S.
The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of
the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC),
should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would
be accomplished by finding that the amendment does not meet one or more of the listed criteria.
Criteria for DRI Amendment
1. Consider: Consistency with the Collier County Land Development Code.
2. Consider: Consistency with the goals, objectives, and policies of the GMP.
3. Consider: Impacts on public infrastructure not previously contemplated by the development order.
The BCC must base its decision upon the competent, substantial evidence presented by the written
materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies,
letters from interested persons and the oral testimony presented at the BCC hearing as these items relate
to these criteria. This item has been approved as to form and legality, and requires a majority vote for
Board approval. (HFAC)
RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends
that the Board of County Commissioners approves the request for DOA-PL20150000545. Tollgate
Commercial Center Development of Regional Impact(DRI).
Prepared by: Nancy Gundlach, A1CP, PL A, Principal Planner. Zoning Services Division, Growth
Management Department
Attachments: 1) Staff Report, 2) Proposed Resolution. 3) Location Map, 4) Master Plan, 5) RPC Staff
Report and 6) Application—go to:
http://w w.colliergov.net/ftp/AgendaSept22I5!G•owthMemt/Application for Tollgate DOA_8-19-
15.pdf
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.A.
Item Summary: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve a Resolution amending Development Order 84-1, as amended, for
the TollGate 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).
Meeting Date: 9/22/2015
Prepared By
Name: GundlachNancy
Title: Planner,Principal, Growth Management Department
8/19/2015 4:39:41 PM
Approved By
Name: BellowsRav
Title: Manager-Planning, Growth Management Department
Date: 8/21/2015 6:05:13 PM
Name: BosiMichael
Title: Division Director-Planning and Zoning, Growth Management Department
Date: 8/27/2015 8:50:21 AM
Name: PuigJudv
Title: Operations Analyst. Growth Management Department
Date: 8/27/2015 4:16:20 PM
Name: AshtonHeidi
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9/22/2015 17.A.
Title: Managing Assistant County Attorney, CAO Land Use/Transportation
Date: 8/28/2015 1:22:32 PM
Name: WilkisonDavid
Title: Department Head-Growth Management Dept, Growth Management Department
Date: 8/28/2015 2:09:17 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 9/3/2015 11:43:28 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/9/2015 3:59:58 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/12/2015 2:13:33 PM
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9/22/2015 17.A.
AGENDA ITEM 9-A
Co er County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING SERVICES DIVISION
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: JULY 16,2015
SUBJECT: DOA-PL20150000545, TOLLGATE COMMERCIAL CENTER
DEVELOPMENT OF REGIONAL IMPACT(DRI)
(COMPANION ITEM TO PUDA-PL20150000281, TOLLGATE COMMERCIAL
CENTER PUD (PLANNED UNIT DEVELOPMENT)
PROPERTY OWNER/AGENT:
Owner: Agent:
Mr. Rob Johnson, Director Mr. Fredrick E. Hood, AICP
Sky Angel Holdings, LLC Davidson Engineering, Inc.
1300 Goodlette Road North 4365 Radio Road, Suite 201
Naples, FL 34102 Naples,FL 34104
NOTE: Many parcels within the DRI have been sold to others.
REQUESTED ACTION:
The petitioner seeks an amendment to 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 8.931 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.
GEOGRAPHIC LOCATION:
The subject property is located in the southeast quadrant of the I-75 Tollgate Plaza intersection with
Collier Blvd, fronting on Beck Boulevard. in Section 35, Township 49, Range 25 and Section 2,
Township 50, Range 26, Collier County, Florida(Please see the Location Map on the following page.)
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner proposes to convert Lots 16 thru 20 within the Tollgate Commercial Center Phase 3 from
TOLLGATE COMMERCIAL CENTER DRI,DOA-PL20150000545
JUNE 25,2015
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Commercial to Commercial/Light Industrial.
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (SWFRPC):
The SWFRPC heard and approved this Notice of Proposed Change (NOPC) to a previously approved
Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on May 21, 2015,
August 14, 2014, with staffs recommendations that are shown below:
"The SWFRPC role in coordinating the review process of NOPCs is to determine under
the authority of Chapter 380.06(19)(a) F,S. if "any proposed change to a previously
approved development creates a reasonable likelihood of additional regional impact,
or any type of regional impact created by the change not previously reviewed by the '!
regional planning agency. "
It is the Council staff's opinion that no additional regional impacts will occur from the
proposed change and do not object to the change. "
RECOMMENDED ACTIONS:
I. Approve the change to land use designation that Council staff finds is not a substantial
deviation and does not create any additional regional impact not previously reviewed by
the RPC. ""
(Please see attached SWFRPC Staff Report.)
DEPARTMENT OF ECONOMIC OPPORTUNITY(EOC):
DCA has not offered any objection to the proposed amendment.
COUNTY STAFF ANALYSIS:
Development authorizations contained in DRI Development Orders are prerequisites to zoning actions
that implement DRI land use authorizations. DRI Development Orders are intended to address regional
impacts of a project.
As noted in the RPC staff report, the proposed change in land use designation does not pass the threshold
to be a presumption of a substantial deviation under Sub-chapter 380.06(19)(a), Florida Statutes that
states:
2. The following changes. individually or cumulatively with any previous changes, are not substantial
deviations:
1. Any other change that the state land planning agency, in consultation with the regional
planning council, agrees in writing is similar in nature, impact, or character to the changes enumerated
in sub-subparagraphs a,-k. and that does not create the likelihood of any additional regional impact.
TOLLGATE COMMERCIAL CENTER DRI, DOA-PL2Q150000545
JUNE 25,2015
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As noted above, the applicant is seeding to convert Lots 16 thru 20 within the Tollgate Commercial
Center Phase 3 from Commercial to Commercial/Light Industrial.
Staff recommends approval of the DRI Notice of Proposed Change (DOA) believing this amendment will
not adversely impact adjacent property owners or create an undue public safety concern if the DRI DO is
adopted.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney's Office has reviewed the staff report for Petition DOA-PL20150000545 on June
25, 2015.
STAFF RECOMMENDATION: `I
That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition
DOA-PL20150000545 to the Board of County Commissioners as described by the amending DRI
Development Order resolution.
Attachments:
Attachment A: Proposed Resolution
Attachment B: RPC Staff Report
TOLLGATE COMMERCIAL CENTER DRI,DOA-PL20150000545
JUNE 25,2015
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PREPARED BY:
NW' If likak OM k[S.
NANCY G L ,AICP,PLA DATE i
PRINCIPA ' ANNER
ZONING DI ISION
REVIEWED BY:
RA ND V. BELLOWS, ZONING MANAGER DATE
ZONI G DIVISION
'4-r. T
MIKE BOSI, AICP, DIRECTOR DATE
ZONING DIVISION
APPROVED BY:
JA-MES FRENCH, DEPUTY DEPARTMENT HEAD DATE
GROWTH MANAGEMENT DEPARTMENT
NICK CASALANGUIDA, DEPUTY COUNTY MANANGER DATE
GROWTH MANAGEMENT DEPARTMENT
TOLLGATE COMMERCIAL CENTER DRI
JUNE 18,2015
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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 8.931 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
115-CPS-01427/1205410/1] 57
Toll Gate Commercial Center DRUPUD 1 of 4
DOA-PL20150000545— 8/27/15
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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 t h e 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-01427/1205410/1157
Toll Gate Commercial Center DRI/PUD 2 of 4
DOA-PL20150000545— 8/27/15
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9/22/2015 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 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
115-CPS-01427/1205410/l]57
Toll Gate Commercial Center DR1/PUD 3 of 4
DOA-PL20150000545— 8/27/15
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Approved as to form and legality:
Heidi Ashton-Cicko ,:i0-
Managing Assistant County attorney
Attachments: Exhibit A—Notice of Proposed Change
Exhibit B —Revised Master Development Plan
1 1 5-CPS-O1427'12054 I0'1] 57
Toil Gate Commercial Center D10'1'111) 4 of 4
D!):\-1);,2()!5(10005-15— 81' 15
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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.
Apri!21,2015
Date Signature
1
Exhibit A
Page i of 1 k
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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.corn
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.corn
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
S. 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
Patna _2 of
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9/22/2015 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
• DR!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 DR! 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 DR!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 % 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 wit• ^ the OR!.
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 I
3
Exhibit A
Page,, ,_of IA.
..
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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 DRl- 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 fess traffic, therefore having a less impact on the
existing roadways.
4
Exhibit A
Page!of
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9/22/2015 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
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9/22/2015 17.A.
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SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL
FINAL
TOLLGATE COMMERCIAL CENTER DRI
NOTICE OF PROPOSED CHANGE
BACKGROUND
The Tollgate Commercial Center Development of Regional Impact (DRI) is a previously
reviewed and approved multi-use project located in Collier County on CR 84 just south of
Interstate 75 and east of CR 951 encompassing approximately 100.23 acres. The original
Development Order was conditionally approved and subsequently adopted on January 14,
1984, by the Collier County Board of County Commissioners. The original parameters of
the project were for development on 69 acres and include 75,200 square feet of
commercial, 300,000 square feet of industrial, 200 hotel rooms and 45,000 square feet of
office uses. The project Development Order has since been amended five (5) times.
This project has been ongoing since it was approved in 1992 and is mostly a built out
development. At the present time, the entire infrastructure necessary for the Tollgate
Commercial Center project has been completed. Most of the commercial sites on the
property have been sold or are under contract for sale.
PREVIOUS CHANGES
There have been five previous changes to the Tollgate Commercial Center DRI. These
changes were as follows:
1. On February 11, 1992, the Collier County Board of County Commissioners
adopted Resolution 92-100. In summary, the applicant requested that the project
be modified to include an additional 30.84 acres of surplus Florida Department
of Transportation right-of-way and that the conditions relative to transportation,
drainage, wastewater/water supply. and housing be substantially amended. The
SWFRPC requested that the suggested Development Order be further revised.
2. On April 7. 1992. the Collier County Board of County Commissioners adopted
the second amendment to the Development Order. Section 4.c.3.. Transportation.
was amended to require: (1) concurrence management through annual
monitoring, (2) transportation impacts to the roads and intersections be
appropriately addressed, and (3) the determination of proportional share of the
regional roadway improvements be in accordance with Section 163.220, F.S. the
amendment also revised Section 4.F., Housing: striking the termination dates for
an affordable housing funding mechanism.
3. On February 11. 1997. the Collier County Board of County Commissioners
adopted a third amendment to the Development Order. Resolution 97-75
amended the Development Order by extending the DRI termination date from
December 31, 1997 to December 30. 2002.
1
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4. On December 2, 2003, Resolution 03-428 amended the Development Order by
extending the DRI buildout date from December 30, 2002 to December 29, 2007.
In addition, Section 380.06(19)(c), F.S. automatically extended the buildout date
to December 29, 2010. Consistent with these actions and the Florida Senate Bill
1752 (2010) the project build out date was extended for 24 months to December
29, 2012.
5. On October 28, 2014, Resolution 14-229 amended the Development Order 84-1,
for the Tollgate Commercial Center Development of Regional Impact by
extending the expiration date and the build-out date to August 1, 2021.
PROPOSED CHANGES
On March 4, 2015, the SWFRPC staff received a Notice of Proposed Change (NOPC) to
the Development Order for the Tollgate Commercial Center DRI. The proposed change is
to convert Lots 16-20 (8.93 acres) within Tollgate Commercial Center Phase 3 from
Commercial use to Commercial/Light Industrial. This proposed use change does not change
the built-out date or any phasing date.
The Tollgate Commercial Center DRI is heavily developed and is seeking the change due to
future development plans of potential buyers who would require a larger parcel(s) with the
Commercial/Light Industrial designation.
STAFF ANALYSIS
Staff reviewed the application to convert 8.93 acres from Commercial to Light Industrial
Commercial within Tollgate Commercial Center and found that that amount of change
represents less than a 9% change to the original land use acreage. Based on the information
provided in the NOPC application, Council staff finds that the request has minimal, if any
influence, on the regional facilities or resources due to the proposed change of land use.
Council staff believes that the proposed change meets the statute criteria in Section
380.06(19) Florida Statute because there are no additional regional impacts due to this
roq,,,"Ct and the n-giiPst is tint r,racnp1ari to k' a Cnhctantial TlpViatinn,
CHARACTER. MAGNITUDE, LOCATION
The land use change does not affect the character. magnitude and/or location of the DRI.
REGIONAL RESOURCES AND FACILITIES IMPACT
The proposed change will not create additional impacts on regional resources or facilities..
MULTI-JURISDICTIONAL ISSUES
The Tollgate Commercial Center DRI is located in Collier County and does not create
additional significant regional impacts to other jurisdictions in the region. and therefore.
2
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there are no multi jurisdictional impacts created by the proposed change.
NEED FOR REASSESSMENT OF THE DRI
The proposed changes do not require the DRI to be reassessed because no additional
regional impacts, not previously reviewed and mitigated in the DRI, were identified.
ACCEPTANCE OF PROPOSED D.O. LANGUAGE
The NOPC did not included proposed DO language.
STAFF CONCLUSIONS
The SWFRPC role in coordinating the review process of NOPCs is to determine under the
authority of Chapter 380.06(19)(a) F.S. if "any proposed change to a previously approved
development creates a reasonable likelihood of additional regional impact, or any type of
regional impact created by the change not previously reviewed by the regional planning
agency."
It is Council staff's opinion that no additional regional impacts will occur from the
proposed change and do not object to the change.
RECOMMENDED ACTIONS: 1. Approve the change to land use designation that
Council staff finds is not a substantial deviation
and does not create any additional regional impact
not previously reviewed by the SWFRPC.
5-15
3
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MAPS
Maps listed below and following are included in the report for reference.
1. Site Location Map
2. Aerial View
3. Master Development Plan
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AGENCY REVIEW LETTERS
1. Florida Department of Transportation
2. SWFRPC Environmental Review
3. South Florida Water Management District
4. Collier County Water, Wastewater Availability
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Florida Department of Transportation
RICK SCOTT ON D-4,niels ikwii JIM OLD
GOVERNOR Fey:ktyrrs.F1 33913 SECIZEI Ain
March 23,2015
Ms.Maryann Devanas
Planner I
Southwest Florida Regional Planning Council
192i Victoria Ave,
Fort Myers,FL 33901
RE: Tollgate Commercial Center Development of Regional impact (DM). Notice of
Proposed Change(NOPC)- FDOT Comments and Recommendations
Dear Ms. Devanas:
The Honda Department of Transportation (FDOT), District One, has reviewed the Tailgate
Commercial Center DR NOPC (dated Mm eh 3„ 201.5) in accordance with the requirements of
Florida Statutes (ES.) Chapter 3S0.06, The Department offers the Southwest Florida Regional
Planning Council the following comments and recommendations for your consideration.
The"'niioate Commercial Crater DRI encompasses approximately 100.23 acres and is aenerall,)
loc:ate-Lf an uth of 1-'5..cast at f P P5t clam Fioui:tvarct and nano of Heck i1oule-va7d in Cal he;
Honua
Thz !",OPC prom*cs to convert latt, 1 0 ±It curer
so LIntmc-tia:.'Lighz Indu.strial for a tc,:al cf 11.03 acres.
The Department notes that the proposed conversion from "Commercial- to -Commerciallteni
Indus-16:d" for tots 10 dire 20 could ,ernerate less traffic compared to the existing approved
condition. The Department has determined that the changes associated with the NOI2C, are
not anticipated to adversely impact important stare transportation resources or facilities.
Thank 7:01% for prw,ddiiT 1D1Y1 a itO the ;111,:t c.otorricst on the propo.;e:.!
NIWC. 11 ‘,Tn: 11:o cw:_tstik!a!-., el c free so ::ot-tta.:-, me at 127.!1:: :225-19S: ol
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7
1926 Victoria Avenue l Fort Myers,FL 33901 M
a P:239.338.2550 IF:239.338.2560 (www.swfrpc.org
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C ..7'S t>`ANN1.'6' ,C'
SUES• REAL 50`J
From: Jim Beever
Sent: Tuesday, March 31, 2015 3:31 PM
To: Maryann Devanas
Cc: Margaret Wuerstle;Jennifer Pellechio;Tim Walker
Subject: RE:Tollgate Commercial Plaza DRI NOPC
I have reviewed the proposed Tollgate Commercial Plaza DRI NOPC, Collier County
Ordinance No. 92-010, prepared for Davidson Engineering by Trebilcock Consulting
Solutions, PA Dated February 26, 2015.
The proposed PUD amendment (PUDA) proposes a conversion of 9.83 acres commercial
areas (Parcel A) to commercial/ light industrial (Parcel B). "A" and "B" parcels will provide
goods and services to motorists and area residents. Additionally, "B" parcels will
accommodate service, assembly, wholesale and related heavy business uses. This change
does not appear to have any change effects on conditions for the project in the areas of
Wetlands, Vegetation and Wildlife, or Historical and Archeological. 1 did not see letters of
service regarding the effects of this land use change on potable water and wastewater utility
supply for the change from commercial to industrial. These, indicating that utility service is
available for the industrial types anticipated, should be obtained by the applicant to
accompany the NOPC submission.
The submitted materials on the provided disk concentrate on traffic impact analysis. I did
not see indication if the new light industrial and heavy business uses will include potential
hazardous waste generation or disposal. This is a matter that should be considered.
Jim Beever
Southwest Florida Regional Planning Council
1926 Victoria Avenue
Fort Myers, Florida 33901
Telephone (239) 338-2550 ext 224
Fax (239) 338-2560
E-mail:jbeever @swfrpc.org
Website: http:i/wwwA-.swfrpc.org 1
b*�er+,�
1
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South Florida Water Management District submitted comments via email on April 28,
2015
The South Florida Water Management District(District) has completed its review of the Notice of
Proposed Change for the Tollgate Commercial Center Development of Regional Impact project
(ADA#09-1984-002) and has no comments. The District offers its technical assistance to the
Southwest Florida Regional Planning Council, Collier County and the Department of Economic
Opportunity in developing sound, sustainable solutions to meet the project's future water supply
needs and to protect the region's water resources.
If you have any questions or need additional information, please let me know.
Terry Manning, Policy and Planning Analyst
South Florida Water Management District
Water Supply Coordination Unit
3301 Gun Club Road, MSC 4223
West Palm Beach, FL 33406
Phone: 561-682-6779
Fax: 561-681-6264
E-Mail: tmanning@sfwmd.gov
1
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9/22/2015 17.A.
Co ler County
Public Ladies Division
Planning &Project Management
April 2,2015
Jessica Harrelson,Project Manager VIA:E-MAIL
Davidson Engineering
4365 Davis Blvd.
Naples,FL 34104
Subject: Tollgate Commercial Center
Parcel#: 76585100803 and related
Water,Wastewater and 10.Availability
Dear Ms.Harrelson:
Water and Wastewater services are available for the above referenced project: a 10" water
main and a 6 force main serve the commercial center. individual developed parcels within the
commercial center are served by 8- water mains and 5" gravity mains. Irrigation Quality (IQ)
water is not available to the project at this time.
Specific connection points for the system tie-ins to water and wastewater lines may be made
after submission and approval by the Pianning and Project Management Department,validating
that the up/downstream systems are adeouate to handle the increase in demand and flow.
This letter implies no guarantee that other oevelopmemss throughout the District will not nave
ar impact on the quantity of potable water and sewage treatment and disposal capacity
available to this propem•urti.the orc:ect has received a commitment for service.
Should you have any further questions,please feel free to contact me at 2-39)232-5366.
Sinzere,y,
_et ger Printioal Planne.-
anning arc Project Management Deoart-r!ent
Aaron Pro-act tanager 15rett RosenpLit• Ergine.e.-ing
1
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9/22/2015 17.A.
1 "�
�li(33t� e r , t �
.. VAN i .�''°lac
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]
� D
A Resolution amending Development Order 84-1, r-
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 Z
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 rD
South, Range 26 East and Section 2, Township 50 South, o_
Range 26 East, Collier County, Florida (Petition DOA-
PL20150000545;companion item to PUDA-PL20150000281) (1)
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.
CD
NOTE: All persons wishing to speak on any agenda item must
register with the County manager prior to
the agenda item to be addressed. Individual speakers
eakers ill be
limited to 3 minutes on any item. The selection of any individual CD
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. ry
Persons wishing to have written or graphic materials included in can
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
TIM NANCE,CHAIRMAN
DWIGHT.E.BROCK,CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
September 2,2015 No.668088
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