Resolution 2013-137 RESOLUTION NO. 13- 13 7
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA AFFIRMING THAT A SPORTING
GOODS STORE IS A COMPARABLE AND COMPATIBLE USE
WITHIN THE COMMERCIAL PLAN DESIGNATED AREAS OF THE
TOLLGATE COMMERCIAL CENTER PLANNED UNIT
DEVELOPMENT AS AUTHORIZED IN SECTION 3.3.A.(n) OF
ORDINANCE 92-10 AS AMENDED. THE SUBJECT PROPERTY IS
LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26
EAST,COLLIER COUNTY,FLORIDA. (ZLTR-P L 2 013 0 0 0 0 4 9 4)
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the rezoning of land to Planned Unit
Development(PUD);and
WHEREAS,on February 11, 1992 by Ordinance 92-10,the Board of County Commissioners of
Collier County approved a Planned Unit Development (PUD) known as the Tollgate Commercial
Center Planned Unit Development for the subject property; and
WHEREAS, on December 11, 1993 by Ordinance 93-91, the Board of County
Commissioners amended the PUD;and
WHEREAS, Section 3.3 of the Tollgate Commercial Center Planned Unit Development
provides for certain permitted uses, including Subsection 3.3.A.(n), "any other commercial or
professional service which is comparable in nature with the foregoing uses and is otherwise clearly
consistent with the intent and purpose statement of the district and which the Planning Implementation
Director determines to be compatible in the district";and
WHEREAS, the Petitioner, Stephen N. Bender of Bender Shooting, LLC, requested a
determination as to the property described in Exhibit"A"that a sporting goods store is a comparable and
compatible use to the permitted uses of the commercial plan area of the PUD;and
WHEREAS, the PUD permits department stores, drug stores, dry cleaning shops, dry goods
stores, shopping centers, souvenir stores, stationary stores and variety stores; and
WHEREAS, the Zoning Manager(successor to the Planning Implementation Director)determined
that a"sporting goods store"is a permitted use in the PUD by Zoning Verification letter dated May 1,2013,
attached as Exhibit"B";and
Tollgate Sporting Goods Store 1 of 2
ZLTR-PL20130000494-5/09/13
WHEREAS, staff requests an affirmation of the Zoning Manager's determination by the Board of
Zoning Appeals that a sporting goods store is a comparable and compatible use within the commercial plan
designated area of the Tollgate PUD according to Section 3.3.A(n)of the PUD;and
WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory
provision and arrangement have been made concerning all applicable matters required by the
Land Development Code, and has held a public hearing with due notice made, and all interested
parties have been given opportunity to be heard by this Board in public meeting assembled, and
the Board having considered granting the request by Stephen N. Bender of Bender Shooting,
LLC, as stated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY,FLORIDA,that as to the property described in Exhibit"A":
The Zoning Verification letter dated May 1, 2013 is affirmed; and a sporting goods store is a
comparable and compatible use within the commercial plan designated area of the Tollgate Commercial
Center PUD according to Section 3.3.A.(n)of the PUD.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote, this 2S/'` day of
tkoe , 2013.
ATTEST: BOA • .-IN APPEALS
DWIGHT E. BROCK, CLERK COL E' I/UNT , FLORIDA
'4
`
By: I . '? cJ-C . By:
` tra' rk GE T RGIA A. HILLER, ESQ.
Attest as to Chait n's T Chairwoman
signature only, ;,,...� -.
Appr ved as to form and legal sufficiency:
1-‘\ (,t A--
(IL) (r* 5
Heidi Ashton-Cicko y w
Managing Assistant County Attorney
Attachments: Exhibit A—Legal Description
Exhibit B—Zoning Verification Letter
I3CPS-01221\6
Tollgate Sporting Goods Store 2 of 2
ZLTR-PL20130000494-5/09/13
CFA
36v457 OR: 3834 PG: 2066
RICORDID in OFFICIAL RICORDS of COLLIA COUNTY, IL
01/01/2005 at 10:11AN DWIGHT I. BNOCI, CLIII
COIS
This instrument prepared by and 1150144.00
RIC
after recording, return to: IC III 44.00
IIDIIIIG 2.00
Leo J.Salvatore, Esq. DOC-.70 4755.60
Salvatore&Wood,P.L. Retn:
4001 Tamiami Trail North SALVA?ORI ii WOOD
Suite 330 4001 TANIAKI TN I #330
Naples, Florida 34103 IAILIS IL 34103 3060
RE-RECORDED TO INCLUDE ENTIRE LEGAL DESCRIPTION
WARRANTY DEED
a
N
"' THIS WARRANTY DEED, made this 30th day of June, 2005, between TOLL GATE
COMMERCIAL CENTER, a Florida general partnership, whose post office address is 5645
Strand Boulevard, Suite 3, Naples, Florida 34110, ("Grantor"), and GRAND CYPRESS
E COMMUNITIES, INC., a Florida corporation, whose post office address is 5672 Strand Court,
4" Suite 3, Naples, Florida 34110, ("Grantee").
WITNESSETH that Grantor, for
itCir@t1.5r_ ', of the sum of Ten Dollars ($10.00),
l and other good and valuable co •�y r, • = •and paid by Grantee, the receipt
N ..g. whereof is hereby acknowledg- . granted, bargain-: $'•• sold to Grantee, and Grantee's
5, heirs and assigns forever, t - o'twin• described land, itu- e, lying and being in Collier
��' a County, Florida, to-wit:
8
It--4 o ow Tracts 29 and 30 of Tol s . - 4.• - t .-AT.e 3 as recorded in Plat
- Book 22, Pages 95 ro • 101 o - "
LESS AND EXCEP l� e,�• •s if C•Ilier County, Florida;
$ / ►1 r.K� 9, , described on Exhibit A
•• a 1! attached beret•1�.
o 4 = Subject to those item 4A- forth on Exhibit e 4 F)L a,h=+ :reto and incorporated
herein by virtue of this , ce.
0 0 0 �G
N a and Grantor does hereby fully wa : - ' - • a': - , . d will defend the same against the
c a lawful claims of all persons whomsoe - TE CjR
Y N
9` IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and
8 year first above written.
ti Signe., sealed and delivered
TOLL GATE COMMERCIAL
i• e r-sence of: CENTER, a Florida general
a
a. -- 40( § -- 7
Z f partnership
wtneds No. 1 Signa ie By: TOLL GATE JOINT VENTURE,
V4 LL-' �� ��Sf`QL(_ a Florida general partnership, as
Z WC itDess No. 1 Printe ame General Partner
., '' .... ,� i By: (Corporate Seal)
Hess No. 2 ignature TOLGATE, INC., a Florida
�(4/C ��'J a corpora • , as Hera! Partner
Witness No. 2 Printed Name By:
obert S. Hardy, as P"adient
Prolaw:22556
1
Exhibit A
Page 1 ,of to
CA
OR: 3834 PG: 2067
STATE OF FLORIDA 10R: 3921 PG: 2386
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this ;4'h day of June, 2005 by
ROBERT S. HARDY, in his capacity as President of TOLGATE, INC., a Florida corporation, as
General Partner of TOLL GATE JOINT VENTURE, a Florida general partnership, as General
Partner of TOLL GATE COMMERCIAL CENTER, a Florida general partnership, who is
personally known to me.
VALERIE J.STOLL Notjtica:t_ublic
� a MY COMMISSION/ DO mess
?M n EXPIRES:AprN 30.2007
1+00.4WOTARY a Notary Dsoa.r bloc.Co. 1 ,1-LCIer - 3-tot L
Typed,printed or stamped name of notary
My Commission Expires: cl/3O/O7
O�� CQUk?'
G
1
o1r
c11 c�1ti
CIE
ProIaw:22556
2
Exhibit A
a ot�
Page
,.4 R: 3921 PG: 2387)
And •
/
witness No. 1 Signature By: (Corporate Seal)
8475, INC., as General Partner
ss ■ oil Printed me By: XQ-c.,, d �
David G. Budd, as Vice President
_mid'. n■• 0,
WitnegRlikkgrol FLAG e/,
Witness No. 2 Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was .
g g d•:J•44.4, me this dU —day of June, 2005 by
DAVID G. BUDD, in his capacity -�.,- -resi.- . • INC., a Florida corporation, as
General Partner of TOLL GAT L±ii► VENTURE, a F • .0tEr .eneral partnership, as General
Partner of TOLL GATE CCL M _ E-i. Fl• 'da •eneral partnership, who is
personally known to me. ,,7
wi elo -%1'/, �'��1 4 �d Q � L////
,-------,0„.__,..,..., _ ___ ,,,,,,,,,...„..0„, , ,.
,,i ., f ExpolEs: ,200 1 .. L./`1W
Typed,print .'oTIi •yam' of notary xf
My Commiss ices:
v ao
THE REMAINDER OF T w
t�J�l i ONALLY LEFT BLANK 'l=1'
•v
ev
0
a
00
Prolaw:22556 3
Exhibit A
Page3 .of
CA
OR: 3834 PG: 2069
OR: 3921 PG: 2388
L And
By: (Corporate Seal)
Witness No"7//&--r,r
Signature AMPCO INVESTMENTS
/�j f'�/�r� INCORPORATED, a Florida
Witness No. 1'Printed Name corporation, as General Partner
gotkoi.t.a.--)
• By:
Witness No. 2 Signature Charle E. Cannon, as President
Mtlissa ltdber
Witness No. 2 Printed Nam
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument 1,-,R CO
g g =,r=••. •' e•ge• •- ■ = this=day of June, 2005,
by CHARLES E. CANNON, -- v-- ident of Ampco ents Incorporated, a Florida
corporation, as General Part -r o • ATE COMME• • ■ CENTER, a Florida general
partnership, who is personal) kn• n -,
C ' I'�� *• /
CARD J.K1lTAY ° �` .�� - -IWN.
MY CO CARIAlON A00282809
IP Typed,Prin II` - of Notary
it My Commis , ; . • res:
O� 8l �-o 0
THE REMAINDER OF SJ5 ry-0•NALLY LEFT BLANK
4"--r,. CARLAJ.KUTAY
11��' 'MY COMMISSION#00262809
CARU1d.IMAM
MY COMMISSION#00282809
trEXPIRES:OCT 28,2007
Prolaw:22556 4 Exhibit Ai
Ps.of-U
-'(-"')sL,.1/4-
OR: 3921 PG: 2389
EXHIBIT A
Tracts 29 and 30 of Tollgate Commercial Center, Phase 3, as recorded in Plat
Book 22, Pages 95 through 100 of the Public Records of Collier County, Florida;
LESS AND EXCEPT the West 100' of Tract 29, which West 100' is further
described as follows:
Commence at the northwest corner of Tract 29 of Tollgate Commercial Center
Phase Three as recorded in Plat Book 22, Pages 95 through 100 of the Public
Records of Collier County, Florida for a point of beginning; and run North
89°56'02" East along the north line of said Tract 29, a distance of 104.39 feet;
THENCE run South 00°03'58" East, a distance of 272.15 feet to an intersection
with the south line of said Tract 29 and the north right-of-way line of County Road
No. 84; THENCE run South 89°56'02"West along the south line of said Tract 29
and the north right-of-way line of County Road No. 84, a distance of 100.00 feet
to the southwest corner of said Tract 29; THENCE run North 00°03'58" West
along said west line, a distance of 188.00 feet; THENCE run North 37°28'53"
West along said west line, a distan - • • '0 feet to a point on a curve of said
west line and the easterly rig• -• 19- i' o�ay louse Drive, said curve being
concave northwesterly f%
an. .fir .: _ ra.i Ti • feet, a central angle of
34°05'32" and a chord •- -n • and distance of N••43 °28121" East, 49.83 feet,
respectively; THENCE run •• •- - terly along sal. cu e, an arc distance of
50.58 feet to the said •oin of •
nceir v i,
cc, , ,
,„ c.,
O
,.
i:IE CIRCA
Exhibit A/
Page of____
• * OR: 3834 PG: 2070 ***
Exhibit B ,/*** OR: 3921 PG: 2390 >t>�>r
Permitted Encumbrances
1. Declaration of Easements, Restrictions, Covenants, Rules and Regulations for Toll Gate
Commercial Center P.U.D., and the Articles of Incorporation and By-Laws for Tollgate
Center Property Owner's Association, Inc., as recorded in Official Records Book 1455,
Page 535, as amended in Official Records Book 1571, Page 1964, Official Records
Book 1584, Page 15, Official Records Book 1895, Page 466, Official Records Book
1916, Page 2367, Official Records Book 2089, Page 174, Official Records Book 3070,
Page 57, all of the Public Records of Collier County, Florida.
2. Reservations of Oil, Gas and Mineral Rights recorded in Deed Book 30, Page 91, Deed
Book 33, Page 434 and Deed Book 33, Page 131 as to portions of Tracts 21, 22, 23 and
29 lying in Sec. 2-50S-26E, of the Public Records of Collier County, Florida.
3. Reservation of drainage ditches and drainage facilities as contained in Deed recorded in
Official Records Book 1477, Pa• - 4.4 st, o*r r- .lic Records of Collier County, Florida.
4. Preliminary Developmen • •E ent as recor•:.•A j icial Records Book 1564, Page
871, of the Public Reco•• oilier County, Flon•-
5. Subject to easemen a•d •` a. - as .hown •n e recorded plat of Tollgate
Commercial Center °ha = .. . s.:.; ,. . .. f;_,g t the plat thereof as recorded
in Plat Book 22, Pag- 9' th- - .-.- • C•unty, Florida.
6. Resolution for crea ' • th- of• �,
� ate' - - .. ST District as recorded in
Official Records Boo ; Page 1838, of the4bli, - -c,as of Collier County, Florida.
7. Ad valorem real estate -, - or the year 2005 - . - subsequent years, bearing Tax
Identification Numbers 76::e 9 •8 (Tract 2• ,, ::85100984 (Tract 30).
fECIR
Prolaw:22556 5
ExhibitA
Page_.L.of
Vlb
coH.-kty
Growth Management Division
Planning & Zoning Department
May 1, 2013
Stephen M. Bender
Bender Shooting, LLC
3775 7th Avenue NW
Naples, FL 34120
Re: Zoning Verification Letter ZLTR-PL20130000494; Tollgate Commercial Center PUD, Collier
County, Florida.
Dear Mr. Bender:
Thank you for your request for Zoning Verification. The subject property is zoned Planned Unit
Development (Tollgate Commercial Center PUD), Ordinance No. 92-10.
You requested verification of the SIC Code 5941 in the subject PUD.
As explained in the letter of April 1, 2013 to you and signed by Ray Bellows, Planning Manager,
this use is not specifically permitted in the PUD. However, Section 3.3.A(n) of the PUD states
that "any other commercial or professional service which is comparable in nature with the
foregoing uses and which the Planning Impementation [SIC] Director determines to be
compatible in the district" may be considered a permitted use.
SIC Code 5941, Sporting Goods Stores and Bicycle Shops, fall under Major Group 59 —
Miscellaneous Retail. The PUD, which does not utilize SIC Codes, permits other retail uses,
including department stores, drug stores, dry cleaning shops, dry goods stores, shopping
centers, souvenir stores, stationery stores and variety stores.
Staff believes that the proposed use of Sporting Goods Store is comparable in nature to the
other uses in the PUD which include other types of retail sales
Staff's opinion, subject to affirmation by the BZA, is that the proposed use of Sporting Goods
Store is comparable in nature to other retail uses in the PUD. Your request will be forwarded to
the Board of Zoning Appeals for affirmation of Staff's opinion. You will be apprised of the
hearing date and advertising fees as soon as possible. Please note that Staff's opinion is not
binding on the BZA.
Please be advised that the information presented in this verification letter is based on the Collier
County Land Development Code (LDC) and Growth Management Plan in effect as of this date.
It is possible that subsequent amendments to either of these documents could affect the validity
of this verification letter. It is also possible that development of the subject property could be
affected by other issues not addressed in this letter, such as, but not limited to, concurrency
related to the provision of adequate public facilities, environmental impact, and other
requirements of the LDC or related ordinances.
Exhibit B
e4 Pie otf
i. ,a,
Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net
Should you require further information or have any questions, please do not hesitate to contact
me at(239) 252-4211 or fredreischl @colliergov.net.
Researched and prepared by: Reviewed by:
__Za1516/
Fred eis hl, AICP, Senior Planner Raym d V. Bellows, Zoning Manager
Planning & Zoning Planning & Zoning
cc: Annis Moxam,Addressing Section
Laurie Beard,Commitment Tracking
Exhibit B
Page, ot„j