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Resolution 1992-222/DO 92-4 APRIL 7. 1992 DEVI!lLOPMBNT ORDER 92 - 4 RESOLUTION NUMBER 92- 217 A RESOLUTION AMENDING DEVELOPMENT ORDER 84-1 OF THE TOLL GATE COMMERCIAL CENTER DEVELOPMENT FOR REGIONAL IMPACT (DRI) BY PROVIDING FOR: SECTION ONE A AMENDING THE TRANSPORTATION COMMENTS; SECTION ONE 0 AMENDING THE HOUSING REQUIREMENTS; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board or county Commissioners or Collier County, Florida approved Development Order 84-1 on January 17, 1984, which approved a Development or Regional Impact (DRI) known as Toll Gate Commercial Center; 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 Devel- oplllent Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, William R. Vines, representing Toll Gate Commercial center, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Board of county Commissioners of Collier county has held a pUblic hearing on the petition on April 7, 1992; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER A. Section 4.C.3., Transportation, of Development Order 84-1 is hereby amended to read as follows: H. Development Order options may be considered by Collier County and the applicant to the extent that the options provide adequate commitmente for improvements indicated above to significantly-impacted regional roadways and intersections. Whatever options are exercised, however, should be done with the understanding that the following conditions shall be met: (1) If annual monitoring reports confirm that peak hour/peak season traffic on the regional road segments and .OOOFIr,[l1S -1- Words Underlined are added; Words s~~Hek-~ft~eHgft are deleted. intBrsections above exceed the level of service standards adopted by the County and the project is utilizing more than 5\ of the level of service liD" capacity for urban areas or "C" ror rural areas, then further building permits and certificates of occupancy shall not be granted until the standards of the County's concurrency manbgement system have been met. (2) The transportation impacts to the roads and intersections above shall b~ appropriately addressed consistent with Southwest Florida Regional Planning council policies, and the determination of proportional share eftdfe~---pipe%iftiftg of the regional road improvements shall be in accordance with Section 163.3220 F.S. which requires a Local Government Development Agreement and a commitment by the applicant and/or the local government to ensure concurrency on all significantly impacted regional roads. D. Development Order 84-1, for the Toll Gate Commercial Center in hereby amended by adding a new Section 4.F. entitled "Housing" to road as fOllOWS: F. HOUSING The applicant has indicated support for a County linkage fee ordinance which would require all development, both Development of Regional Impact (DRI) qualified and non-DRI qualified, to contribute to a program which addresses affordable housing concerns. The applicant hn~ agreed to the imposition of a housing impact fee for that portion of the project not previously approved and platted, which impact fee would be applicable until such time as the County has adopted an affordable housing improvement program with a proportionate share funding mechanism, which program is mandated by the Collier County Growth Management Plan to be in force not later than January 1, 1994. That portion of the Tollgate project which has not yet been platted and improved shall be subject to the following condition: 1. Each development within that portion of the project which has not been platted and improved at the time of adoption of this Development Order (DOA 91-2) shall pay a fee of 20 cents per square foot of gross leasable building area to an Affordable Housing Trust Fund at the time a building permit is filed with the County. The Affordable Housing Trust Fund shall be administered by the appropriate County agency for the purpose of increasing the supply of affordable housing available to low and very low income households. This fee shall be terminated at the time Collier County adopts an Affordable Housing Improvement Program which includes a proportionate share funding mechanism. %ft--~fte-eveft~ ~fte~7-bY-JeftHerY-%7-%9947-ee%%!e~-eeHft~y-ftes-fte~-eftee~ed eft---effe~deb%e--heHs!ftg--!mp~eYemeft~--p~eg~em---vi~h--e p~epe~~!efte~e--she~e-fHftdiftg-meeheft!sm7-~he-~veft~y-eeft~s pe~-s~e~e-fee~-fee-~eqHi~emeft~-she%%-be-~e~m!fte~edT SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. A. Except as amended hereby, Development Order 84-1 shall remain . 000 wd19 -2- Words Underlined are added; Words s~~Hek-~ft~eHgh are deleted. APRIL 7, 1992 1n full force and erfect, binding in accordance with its terms on all partie. thereto. B. Copies of this 92- 4 shall be Development Order transmitted immediately upon execution to the Department of Community Afrair., Bureau of Land and Water Management, and the Southwest Florida '. Regional Planning Council. c. This Development Order shall take effect as provided by law. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. commissioner Shanahan offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Hasse and upon roll call, the vote was: AYES: CamIl.ssioner Shanahan. Camdssioner Hasse. Camrl.ssioner Saunders. Camdssioner G:lodnight, and Camdssioner Volpe NAYS: . ABSENT AND NOT VOTING: Done this , " ),\'\.111} ATTES'1'l- ,.' '.,,0, J~g:C;GILES;:~t;'f'rk .'~r-.:: ' ~? c. . . . 7th April day of , 1992. Q. t!-. BOARD OF COUNTY COMMISSIONERS ~fO~IU~ COUNTY, FLORIDA ~' \)',r< By: -, MICHAEL J'I OLP, CHAIRMAN , . 000 PAGE 120 -3- --< Exhibit ^ . ~ LEGAL DESCRIPTION APRIL 7, 1992 Commencing at the southeast corner of Section 35. Township 49 South. Range 26 East, Collier County. Florida: thence along the east line of said Section 35 North 10-56'-55" W.st 200.14 feet to a point on the north right-of-way line of State.Road 84 IAlllgator Alley): thance along said north right-of-way line. North 890-45'-01" West 331.23 feet to a point of Intersection of said north right-of-way line of State Road 93 11- 75). and the POINT OF BEGINNING of the parcel herein described; thance continue along said right-of-way line of State Road 84 (Alligator Alley) on the following five courses: 11 North 890-45'-01" Wast 2398.66 feet; 2) South 890-56'-16" West 1547.43 feet: 31 North 800-43'-58" West 709.38 feet; 41 North 390-52'-42" West 209.91 feet; 51 North 100-24'-33" West 209.94 feet to a point on the East Limited Access. right-of-way line of Stata Road 93 (1-751; thence continue along said Limited Access. right-of-way line of State Road 93 (1-751 on the following nine courses: . 1) North 30-19'-52" Ea.t 285.34 feet; 2) North 230-37'-28" East 149.83 feet: 31 North 640-12'-39" East 149.83 feet; 4) North 860-37'-01" East 778.54 feet; 5) South 87"-55'-12" East 318,82 feet: 61 South 780-44'-38" East 318.32 feet; 71 South 740-09'-17" East 1199.30 feet; 8) South 730-00'-33" East 1904.96 feet; 91 southeasterly 233.67 feet along the arc of a circular curve concave to the northeast. having a radius of 116.2116 feet. subtended by a chord which bear. South 75~-35'-07" East 233.67 feet to the north right-of-way line of State Road 84 I. Alligator Alley): and the Point of Beginning of the parcel herein described; being a part of south 1/2, Section 35. Township 49 South. Range 26 East. Collier County. Florida; subject to eas.ments and restrictions of record; containing 69.40 acres of land more or less; bearings are based on Florida Department of Transportation right-of-way map for State Road 93 (1-75). ALSO INCLUDING THE FOLLOWING '. Description of part of Section 35. Township 49 South. Range 26 East. and part of SectIon 2. Township 50 South. Ranga 26 East. Collier County. Florida COMMENCE at an Iron pipe marking the North.ast Cornar of said Section 2; thence North 890 45' 01" West. 337.83 feet along the North IIn. of sold Section 2 for a POINT OF BEGINNING; thence South 000 02' 19" East. 59.98 feet; thence South 890 57' 41" West. 2.300.70 feet: thence on a course traversing from said Section 35. South 89. 56' 02" West. 2.448.74 feet; thence North 45. 46' 16" West. 71.58 feet; thence North 010 28' 34" West. 705.25 feet to the Eastarly LimIted Access RIW Line of S.R. 951 ISectlon 03175-2409): thence South 100 24' 33" East. 209.94 feet: thence South 390 52' 42" East. 209.91 feet: thence South 800 43' 58" East. 709.38 feet; thence North 890 56' 16" East. 1.547.43 feet; thence South 890 45' 01" East. 2.396.67 feet to the Southerly Existing LimIted Access RIW Line of S.R. 93 103175-2409); thence South 000 02' 19" East. 200.00 feet to the POINT OF BEGINNING. Less and axcept the East 100.00 feet thereof. Containing 30.835 acres. more or less. II ceO.IC' 121 The entire project area Is 100.235 acres.