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Resolution 2000-151 17C ~ DEVELOPMENT ORDER 2000 - 0 2 RESOLUTION NO. :)000-151 A RESOLUTION AMENDING DEVELOPMENT ORDER 88- 02, AS AMENDED, OF THE CITYGATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT (DRI), BY PROVIDING FOR: SECTION ONE A, AMENDING THE PHASING SCHEDULE BY REFERENCE TO APPLICATION FOR DEVELOPMENT APPROVAL; SECTION ONE B, AMENDING OTHER SECTIONS WITHIN THE DEVELOPMENT ORDER RELATING TO THE REQUIRED DATE FOR COMMENCEMENT OF CONSTRUCTION AND TERMINA TION DATE FOR THE PROJECT, PERIOD OF TIME A1\iTI EXEMPT FROM DOWN ZONING; SECTION TWO, FINIDNGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSL Y ISSUED DEVELOPEMNT ORDER, TRANSMITT AL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 88-02, as amended, (the Development Order) on December 13, 1988, which approved a Development of Regional Impact (DRI) known as Citygate Commerce Park Development Order; and WHEREAS, as a result of an appeal, a Settlement Agreement between Collier County and the Department of Community Affairs resulted in an effective approval date of October 29, 1990, which is deemed to be the beginning date for the five-year period within which the Development Order indicates physical development of the project must commence; and WHEREAS, the ADA provided for five three-year phases for a total of 15 years for buildout with the first phase being three years from the date the appeal was dismissed which would be October 29, 1993, with the last phase being October 29, 2005; and WHEREAS, on February 21, 1995, the Board of County Commissioners approved Development Order 95-02, Resolution No. 95-143 which had the effect of extending all yearly target dates by five (5) years, less one day, and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth in Exhibit "A" to the Development Order; and Words straek thrBllgh are deleted; words underlined are added. -1- 17C WHEREAS, the owners of the DRI property desire to extend the date by which significant physical development is to begin, the project buildout date and phasing schedule by an additional five (5) years less one day; and WHEREAS, William R. Vines, of Vines and Associates, representing Richard K. Bennett, Trustee, Nations Bank Land Trust No. 5360, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition on May 23, 2000. WHEREAS, on ~ o~.~.,& , 2000, the Board of County Commissioners, at a public heating in accordance with Section 380.06, Florida Statutes, having considered application and notice of proposed changes to the Citygate Commerce Park Development Order 88-02, as amended, and the record made at said hearing, and having considered the record of the documentary and oral evidence presented to the Collier County Planning Commission; and report and recommendation of the Collier County Planning Commission; the report and recommendation of the Collier County Planning Staff and Advisory Boards; the report and recommendations of the Southwest Florida Regional Planning Council, the Board of County Commissioners of Collier County hereby approves the following Citygate Commerce Park Development Order amendments. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. Section 9.c of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase I October 28, 1998 27, 2002, Phase II October 28, 299! 27, 2005, Phase III October 28, 299~. 27, 2007, Phase IV October ,~ ,r~r~ 27, 2012, shall be oe .~nc~-~ 27, 2010, Phase V October incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional impacts, are not carried out to the extent or in accordance with the timing schedule specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. Words stpac',: tk~cugh are deleted; words underlined are added. -2- The Citygate project contains 209 acres of building sites, exclusive of streets, lakes, and other non building site areas. Until the wetland jurisdiction lines and the Red-Cockaded Woodpecker Management Plan have been refreshed, any necessary Master Plan and/or PUD modifications made, a complete new TIS prepared, and a new DOA approved, development, i.e., building permit issuance, shall be limited to 15% of the Project site acres, which is 31.35 site acres. The 31.35 acre maximum development area shall be located west of the FPL easement, except for the area east of the FPL easement in which there are no jurisdictional wetlands and in which no Red Cockaded Woodpecker nesting or foraging area has been established. Water management facilities to accommodate the initial development area may occur east of the FPL easement, as provided for in SECTION ONE: Paragraph 4.c. of Development Order 90-4. B. Paragraph 3 of an untitled Section (Page 12) of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within t-~q-6JA~ twelve (12) years from the date of final approval of the Development Order, development approval shall terminate, and this development order shall no longer be effective. For purposes of this requirement "significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the Developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on October 28, 20!2 27, 2014. C. Paragraph 4 of an untitled Section (Page 12) of Development Order 88-02, as amended, for the Citygate Commerce Park is hereby amended to read as follows: Pursuant to Section 380.06 (15)( c ) 3, Florida Statutes (!997 1999), this project is exempt from down zoning or intensity or density reduction for a period of ~ fourteen (14) years from the date of adoption of the Development Order, subject to the conditions and limitations of that section of the Florida Statutes, provided that physical development commences within ~ twelve (12) years as provided in Section 3 hereof. SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the proposed amendment is legally described as set forth in Exhibit A, attached hereto and by reference made a part hereof. B. C. The application is in accordance with Section 380.06(19), Florida Statutes. The applicant submitted to the County a Notice of Change to previously approved DRI known as Exhibit B, and by reference made a part hereof. Words ~.,,~r ,~ .....~' are deleted; words underlined are added. -3- D. The applicant proposes the development of Citygate Commerce Park on 287.187 acres of land for a commercial development described in Development Order 88-02, as amended. E. A comprehensive review of the impact generated by the proposed changes to the previously approved development has been conducted by the County's departments and the SWFRPC. F. The development is not in an area designated an Area of Critical State concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. G. The proposed changes to the previously approved Development Order fall within the parameters for extensions ofbuildout pursuant to Subsection 380-06(19)( e)2., Florida Statutes. SECTION THREE: CONCLUSIONS OF LAW A. The proposed changes to the previously approved Development Order do not constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order amendment includes operations described in the Notice of Change to a previously approved DRI, Exhibit B, attached hereto and by references made a part hereof. B. The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC. C. The proposed changes to the previously approved Development Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. D. The proposed changes to the previously approved Development Order are consistent with the Collier County Growth Management Plan and the Land Development Regulations adopted pursuant thereto. E. The proposed changes to the previously approved Development Order are consistent with the State Comprehensive Plan. F. The proposed changes do not constitute a substantial deviation pursuant to Subsection 380.06(19) (e)2., Florida Statutes, and therefore a public hearing thereon is not required. SECTION FOUR: A. Except as amended hereby, Development Order 88-02 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. Words r, tracl~z tbzcugh are deleted; words underlined are added. -4- B. Copies of this Development Order shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~t,~ay of % O~ , 2000. f Attest as to Chairman's signature' onl,y. 'ATTEST:". ~ DWIGHT E.7 BROCK, Clerk Approved as to Form and Legal Sufficiency BOARD OF COUNTY COMMISSIONERS COLLI~-~, TY, FL~)RIDA TIM~)~Y J. COi~rANTI~, CHAIRMAN Marjo~i}e M. Student Assistant County Attorney g/admin/DOA-88-02/RN/im Words 2,tp,:,~l,: tF~augh are deleted; words underlined are added. -5- 170 HOLE. MONTES 'AND ASSOC., INC. CONSULTING ENGINEERS-- LANO SURVEYORS HMA Fi[e No. 85.23 9/30185 Sheet 1 of 2 LEGAL DESCR1PT10N The North half of Section 35, Township q9 South, Range 26 East, Collier County, Florida LESS the West 100.00 feet thereof for right-of-way purposes and LESS the following described parcels: 'A parcel of land being ~-portion of the' No'rthwe's~-quar~er of Section 35, Township 49 South, Range 26 East, Coil ier County, Florida. Being more particularly described as fol lows: Corrrnencing at the quarter Section corner, co.,~on to Sections 3'4 and 35, Township 49 South, Range 26 East, Coil ier County, Florida. Said quarter corner being marked with a 4" x 4" concrete monument having a 3-inch brass cap attached to the top thereof, with a 3/4-inch iron pipe; thence along the Section line between said Sections 34'and 35, North 00°29'15" West, 1,382.43 feet to a point on the centerline of the proposed Access Road No. 1 as shown on the State of Florida Depar_tment of Transpor_tation Right-of-Way Map for State Road No. 93 (I-75) Sheet 8 of I0; thence along said centerline of the proposed Access Road No. 1 North 89°31'01" East, 100.00 feet to a point on the East right-of-way line of a canal, said point also being on the centerline of the proposed access road to the water treatment plant parcel; thence along said East canal right~o'f~a~ "Jin~ North 00°29~15" West, 50.00 feet to a 4" x 4" concrete monument marking the Northwest corner of the proposed access road right-of-way to the water treatment plant parcel; and being the true POINT OF BEGINNING of the parcel to be herein described; thence along the North line of said access road right-of-way North 89°31'01" East, 456.51 feet to a Lt" x 4" concrete monument marking the intersection of said North right-of-way with the West boundary line of the water treatment plant parcel; thence along said West boundary line North 00°47'14"--East,"994.98 feet to an iron rod on the Westerly right-of-way of a strip of land 170 feet in width for a Florida, Power & Light Company (FP&L) right-of-way. as described in Official Records Book 681, Page 1210, Collier County Records; thence along said Westerly. FP&L right-of-way North 31030'28" East, 70.02 feet to an iron rod; thence continuing along said Westerly FP&L right-of-way South 58°30~03" East, 761.56 feet to a 4" x 4" concrete monument; thence continuing along said Westerly FP&L right-of-way South 00°47'14"' West, 1,066.70 feet to a 4" x 4" concrete monument; thence continuing ai'ong said Westerly FP&L right-of-way South 00°47'14" West, 332.74 feet to an iron rod marking the intersection of said Westerly FP&L right-of-way with the South line of the North half of the South half of the Northwest quarter of Section 35, Township 49 South, Range 26 East, Col lief County, Florida; said point also being the Southeast corner of the parcel being herein described; thence along said South line of the North half of the South half of the Northwest quarter of Section 35, South 89004'40" West, 690.82 feet to a 4" x 4" concrete monument; said 2 HMA File No. 85.23 9/30/86 Sheet 2 of 2 point being the Southwest corner of the parcel being herein described; thence along the'West boundary line of said parcel North 00°47'14" East, 653.80 feet to a 4" x 4" concrete monument marking the intersection of the West boundary of the water treatment plant parcel with the South right-of-way of the proposed access road to the water treatment plant parcel; thence along said South right-of-way South 89°31'01" West, 454.28 feet to a 4" x q" concrete monument marking the intersection of said access road South right-of-way with the East right-of-way of a ........ canal;' thence-along said canal-East right-of-way North 00°29'1.5" West 100.00 feet to the POINT OF BEGiNNiNG. AND A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: Begin on the South line of the North half of said Section 35, at a point North 89°00'01" East 100.00 feet from the Southwest corner of the North half of said Section 35, thence run North 00°29'15'~ West, 1,334.19 feet, thence South 04021'08" East, '296."92-feet,-thence South 02046' 25" East;' 750.60 feet to-the .... beginning of a curve concave to the Northeasterly having a radius of 331~.00 feet, thence run Southerly along said curve 240.58 feet, through a central angle of 41001'29" to the end of said curve, thence South 43°47~54" East, 94.86 feet to the South line 'of'the North half of said Section 35, thence South 89°00'01" ....... West, 206.27 feet to the POINT OF BEGINNING. AND A portion of the North half of Section 35, Township 49 South, Range 26 East; being described as follows: Begin on the South line of the North half of said Section 35, at a point North 89°00'01" East, 306.27 feet from the Southwest corner of the North half of said Section 35, thence run North .. 43047'54" West, 94.86 feet to the beginning of a curve concave to ' the Northeasterly having a radius of 336.00 feet, thence run Northwesterly along said curve 240.58 feet through a central angle of 41°01'29" to the end of said curve, thence North 02°46'25" West, 750.60 feet, thence North 04021'08" West, 296.92 feet, thence North 00°29'15" West, 85.00 feet, thence North 89°31'01." East, 64.42 feet, thence South 04021'08" East, 378.34 feet, thence South 02°46'25" East, 751.56 feet, to the beginning of a curve concave to the Northeasterly having a radius of 266.00 feet, thence run Southeasterly along said curve 190.46 feet, through a central angle of 41001,29,, to the end of said curve, thence South 43°47~54" East, 159.68 feet to the South line of the North half of said Section 35, thence South 89°00~01" West, 95.40 feet to the POINT OF BEGINNING. Containing 287.187 acres, more or less. HOLE. MONTES & ASS'OClATES, INC. STATE OF FLORIDA DEPARTMENT OF COMMIJNITY AFFAIRS DMSION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (Dill) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previ- ously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. representative of L.&~O~ '~o ~,~ (developer) previously approved Development of Regional Impact in accordance with Subsection 1'4~'5, the undersigned owner/authorized hereby give notice of a proposed change to a 380.06(19), Florida Statutes. In support thereof, I submit the following information concermng the ~__ t ~ ~1~ ~ ~."['-~-- development, which (original & current project names) information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copiesofthiscompletednotificationto C__~t...L., I~ ~ ~ 0 I~,~i.~ (local government) to the,~oo'r~-W'~'r '~.~,. Regional Planning Council, and to the Bureau of Local Planning, Depamnent of Commumty Affairs. Date "EXHIBIT B" NOPC FORM 3. 4. 5. o Applicant(name, address, phone). l~t?.~.a,,~l:~ ~, ~"~;~k.~'V"l", 'Y"~! Au~od~Agent (~e, ~. ~ ~~, ~. ~%to~ q~l'~i),7~ ,~one). ~ovide a complete description of~e p~sed ch~ge. ~clude ~y proud c~g~ to ~e plan of develop~nL p~mg, a~fio~ ~, co~ence~nt ~, b~d~m ~, development order con~fio~ ~d ~menm, or m &e ~pmenmfio~ con~ M ei~ &e ~velopment order or · eApp~onforDevelop~ntA~v~. ~ ~~ c~ ~ Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional inforotation may be requested by the Department or any reviewing agency to clarify the natm'e of the change or the resulting impacts. i~//aN Complete the attached Substantial Deviation Deterraination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifi- cations 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 informa- tion 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? /-k'l"'l" ~--'~/~ Describe any lands purchased or optioned within I/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. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any ofthe criteria listed in Paragraph 380.06(19)(b), Florida Statutes. i1~_...' ~.~0~//~ Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES NO }~ 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. NOPC FORM 170 11. 12. 13. Will the proposed change require an amendment to the local government comprehensive plan? NtO Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J-2.025, Florida Administrative Code: 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. 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 qm ify: Go eo fo All proposed specific changes to the nature, phasing, and build-out date of the develop- ment; to development order conditions and requirements; to commitments and representa- tions 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 smactures or to other improvements including locations, square footage, number of units: and other major characteristics or components of the propos. ed c_h~ge; An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of developme. nt; A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; ~: "U"~ ,~ ~-.--d-k-~ ~ A proposed amended development order termination date that reasonably reflects the time required to complete the development; 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, dapplicable; and 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 9J-2.025 (7), F.A.C. NOPC FORM SUBSTANTIAL DEVIATION DETERMINATION CHART 17C NOPC FORM NOPC FORM l?C NOPC FORM 6 NOPC FORM 7 ,J NOPC FORM 17C z 9 NOPC FORM NOPC FORM 1o 17C ATTACHMENT FOR THE CITYGATE N.O.P.C. o The sole change proposed is to extend the life of the D.O. by two years, less one day, together with appropriate adjustments to the phase dates and other time related requirements within the D.O. The Citygate D.O. was originally adopted 12-13-88 via D.O. 88-2. That D.O. was appealed by DCA. The appeal was resolved on 8-20-90 via adoption of D.O. 90-4.The tolling date was subsequently deemed to be 10-29-90. The D.O. mandated development initiation within five years from the tolling date. On 2-21-95, D.O. 95-2 was adopted, extending the mandatory development initiation date by five years less one day, to 10-28-00, together with corresponding extensions of the development phase dates and other time related requirements within the D.O. There has been no change in local government jurisdiction since adoption of the last D.O. 10. The following phase dates and buildout date changes are proposed: Phase I Phase II Phase III Phase IV Phase V PHASE END DATES 10-28-1998 10-28-2001 10-28-2004 10-27-2007 10-27-2010 10-27-2002 10-27-2005 10-27-2007 10-27-2010 10-27-2012 DEVELOPMENT ORDER TERMINATION DATE .C_U_.BE~.~ PROPOSED 10-28-2012 10-27-2014 13.a. Section 9.c of Development Order 88-2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: c. The development phasing schedule presented within the ADA and as adjusted to the date of development order approval with phase endings modified as follows: Phase I October~ ~, Phase II October-z~8--,z-3ee-l-27, 2005, Phase III October~ 27.2007, Phase IV October ~ 27. 2010 Phase V October ~ 27.2012, shall Words underlined are additions; Words ~ are deletions 170 be incorporated as a condition of approval. If development order conditions and applicant commitments, incorporated within the development order to mitigate regional impacts, are not carded out to the extent or in accordance with the timing schedule specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. 13.c. Paragraph 3 of an untitled Section (Page 12) of Development Order 88- 2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: 3. This Development Order shall remain in effect for the duration of the project. However, in the event that significant physical development has not commenced within teft-(4~ ~eJY.¢_(.~ years from the date of final approval of the Development Order, development approval shall terminate, and this Development Order shall no longer be effective. For purposes of this requirement ~significant physical development" does not include roads, drainage or landscaping but does include construction of buildings or installation of utilities and facilities such as sewer and water lines. This time period may be extended by the Board of County Commissioners upon request by the developer in the event that uncontrollable circumstances delay the commencement of development. This Development Order shall terminate on October~ 27.2014. 13.d. See 13.c. above. 13.e. Paragraph 4. of an untitled Section (Page 12) of Development Order 88-2, as amended, for the Citygate Commerce Park is hereby amended to read as follows: 4. Pursuant to Section 380.06 (15) (c) 3, Florida Statutes (~38-7 1999), this project is exempt from down zoning or intensity or density reduction for a period of seven--(-7-) fourteen (14) years from the date of adoption of the Development Order subject to the conditions and limitations of that Section of the Florida Statutes, provided that physical development commences within ¢we-(5) tw..eJy.e..~ years as provided in Section 3 hereof. Words ~ are additions; Words s~'t~-k-thf'ot~ are deletions. May 26, 2000 Mr. Steve Atkins, Planner State of Florida Department of Community Affairs Development of Regional Impact Section Bureau of Land and Water Management 2740 Centerview Drive Tallahassee, FL 32399 Re: Development Order 2000-02/Resolution 2000-151, Citygate Commerce Park Dear Mr. Arkins: Transmitted herewith is a certified copy of the above- referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, May 23, 2000. Very truly yours, DWIGHT E. BROCK, CLERK Karen Schoch, Deputy Clerk Enclosure 17C May 26, 2000 Mr. Daniel Trescott DRI Coordinator SWFRPC P.O. Box 3455 North Fort Myers, FL 33918-3455 Re: Resolution 2000-151/Development Order 2000-02 Dear Mr. Trescott: Transmitted herewith is a certified copy of the above-referenced document, adopted by the Board of County Commissioners of Collier County, Florida, on Tuesday, May 23, 2000. Very truly yours, DWIGHT E. BROCK, CLERK Karen Schoch, Deputy Clerk Enclosure