Agenda 06/25/2013 Item #17C6/25/2013 W.C.
EXECUTIVE SUMMARY
Recommendation to consider a Resolution 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- PL20130000494)
OBJECTIVE: To have the Board of Zoning Appeals (BZA) affirm that a Sporting Goods Store
is a comparable and compatible use in the Tollgate Commercial Center Planned Unit
Development (PUD). Section 3.3.A.(n), Permitted Uses of the PUD, states that "any other
commercial or professional service which is comparable in nature with the foregoing uses and
which the Planning Director determines to be compatible in the district" is a permitted use.
CONSIDERATIONS: Standard Industrial Classification (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.
Section 3.3.A(n) of the PUD authorizes the Planning Director to permit uses not specifically
listed as a permitted use in the PUD, if the use is compatible in the district.
Staff believes that the proposed use of Sporting Goods Store is comparable in nature to the other
uses in the PUD which include many other types of retail sales.
FISCAL IMPACT: The proposed land use for a Sporting Goods store by and of itself will have
no fiscal impact on Collier County. There is also no guarantee that a Sporting Goods store will
be established in the Tollgate Commercial Center PUD. In addition, if the use is approved, it will
be located in an existing approved development; therefore, the existing land will not result in
major impact to Collier County public facilities. .
GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact
associated with this affirmation.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and
requires an affirmative vote of four for Board approval. -HFAC
RECOMMENDATION: That the BZA adopt the attached Resolution affirming the use of a
sporting goods store in the Tollgate Commercial Center PUD and authorize the Chairwoman to
sign the Resolution.
Prepared By: Fred Reischl, AICP, Senior Planner; Planning & Zoning Department
Attachments: 1) Zoning Verification Letter request and response
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2) Owner Authorization
3) Ordinance 92 -10; Tollgate Commercial Center PUD
4) Resolution
5) Legal ad
n I
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.C.
6/25/2013 17.C.
Item Summary: Recommendation to consider a Resolution 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- PL20130000494)
Meeting Date: 6/25/2013
Prepared By
Name: ReischlFred
Title: Sr. Planner, Land Development Services
5/21/2013 4:06:50 PM
,^ Approved By
Name: BellowsRay
Title: Manager - Planning, Comprehensive Planning
Date: 5/24/2013 2:48:16 PM
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
Date: 5/24/2013 3:36:55 PM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 5/29/2013 2:48:26 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5/30/2013 7:30:40 AM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 6/5/2013 11:24:27 AM
Name: FinnEd
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Title: Senior Budget Analyst, OMB /^
Date: 6/7/2013 4:16:01 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/12/2013 2:05:27 PM
Name: OchsLeo
Title: County Manager
Date: 6/14/2013 2:42:38 PM
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cofte'r Cmmty
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
6/25/2013 17.C.
ZLTR-PL20130000494
3887 mannix drive unit 615
PROJECT NUMBER DATE: 3/5113
PROJECT NAME DUE: 4/5113
DATE PROCESSED
Please provide all of the information requested. See below for submittal requirements.
Please allow 30 days for processing.
APPLICANT INFORMATION
Applicant's Name 2 P''
Firm
Address 377
City ILIewle—,
Phone 3 't -55C 41
E-Mail! br-,Ae,,
State
zip
3�
Fax
--j S
r)'
"SITE INFORMATION
Address 3s h t.1 Z,) -- / i r r,-z
Folio Number 7 6 E, E
Property Owners Name
Verification being requested (Please state specifically the questions you would like
answered, in the space below or on a separate attachment. The Zoning Verification Letter
will respond only to those questions):
Please attach surveyor any other information which may be relevant to your request
8/30/2010
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CART T TOR
COLLIER COUNTY GOVERNMENT
GROWTH MANAGEMENT DIVISION/
PLANNING AND REGULATION
..
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
239) 252 -2400 FAX (239) 252 -6358
www.colliernov.net
6/25/2013 17.C.
Application Fee: $100 (payable to the Board of County Commissioners)
NOTE: Additional Fees of $100 per hour will be charged as needed upon completion
of review and research. Payment of Additional Fees will be required prior to the
release of the verification.
0 Additionai copy of application and all attachments
The application can be delivered or mailed to: Growth Management
Division/Planning and Regulation, Attn: Business Center, 2800 North Horseshoe
Drive, Naples, Florida 34104.
Applicant Signature ,f
Date � 1 *' "' r
Please be advised that the zoning letter is based upon the available records furnished by Collier County and what was
visible, and accessible at the time of inspection. This report is based on the Land Development Code that is in effect on the
date e Yeas prspa: -ed. Code regulations could be subject to change. While every attempt has been made to
ensure the accuracy or compieteness, and each subscriber to or user of this report understands that this department
disclaims any liability #or any damages in connection with its use. In addition, this department assumes no responsibility for
the cost of correcting any unreported conditions.
8/30/2010
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Gnywth Managen-imi—ent DhAsian
Planning & Zoning Department
May 1, 2013
Stephen M. Bender
Bender Shooting, LLC
3775 7t' Avenue NW
Naples, FL 34120
6/25/2013 17.C.
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
n 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 Staffs 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.
Planning &Zoning Department o 2800 North H---- - «- _ �L 34104 a 239- 252 - 2400* www.colliergov.net
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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:
Fred Reischl, AICP, Senior Planner RaymOhd V. Bellows, Zoning Manager
Planning & Zoning Planning & Zoning
cc: Annis Moxam, Addressing Section
Laurie Beard, Commitment Tracking
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Growth Management Division
Planning & Regulation
Department of Planning & Zoning
Zoning Services
April 1, 2013
Stephen M. Bender
Bender Shooting, LLC
3775 7a' Avenue Northwest
Naples, Florida 34120
Re: Zoning Verification Letter ZLTR- PL20130000494; zoning verification for 3887 Mannix Drive —
Unit 615, AKA: Tollgate Business Park Two, Phase 3A, Building 6, Unit 615; in Section 35, Township
49 South, Range 26 East, of unincorporated Collier County, Florida. Property ID/Folio Number:
76885100968.
Dear Mr. Bender:
This letter is in response to your Zoning Verification Letter Application (ZLTR) dated March 5, 2013, in
which you posed the following question: "Is zoning ok for SIC 5941?" Whereas the subject property is
located within an unincorporated portion of Collier County, and whereas The Zoning Services Section of
the Department of Planning and Zoning has jurisdiction over zoning and land use issues, the County
n herewith informs you that the referenced use is not listed as being permitted upon the subject property.
The current official zoning atlas, an element of the Collier County Land Development Code (LDC),
reveals the subject property has a zoning designation of Planned Unit Development (PUD); specifically,
the Tollgate Commercial Center PUD, Ordinance 92 -10, as amended, heard and adopted by the Board of
County Commissioners during regular session on February 11, 1992. As per the PUD's Master Plan
(geographically illustrated as Ordinance Exhibit A), the subject location is within "Parcel B." Permitted
Principal, Accessory, and Provisional Uses within Parcel B, the "commercial/light industrial"
development are, are contained within Subsections 4.3.A, B and C, respectively. It should be noted that
all principal uses permitted within "Parcel A," the commercial development area, as listed within
Subsection 3.3A of the PUD ordinance, are also permitted by right within Parcel B. The applicant did not
provide a specific use, opting to provide a use classification; however, the subject PUD does not reference
said classification system. The classification system referenced references the Standard Industrial
Classification Manual — 1987, as published by the Federal Government
(http: / /wvvw.osha.gov /pls /imis /sic manual.html), and is familiar to staff as the system is that used within
the LDC for zoning determinations within base zoning districts and newer PUDs. With respect to the
applicant's specific request, SIC 5941 is a category classification used for "Retail Trade - Sporting goods
stores and bicycle shops" and the like. Staff has analyzed the referenced PUD document with specific
focus on permitted uses. In an effort to determine whether or not a specific SIC classification is
permitted, it was necessary for staff to convert the existing list of permitted uses to one incorporating
SICs. Staff has concluded that permitted retail uses fall within three SIC major groups; General
Merchandise Stores (Group 53), Home Furniture — Furnishings — and Equipment Stores (Group 57), and
Miscellaneous Retail (Group 59). Specific focus was granted to SIC Group 59 as the group would
include that specified by the applicant. Listed permitted uses within Group 59 include: drug stores (SIC
ell
Department of Planning & Zoning s 2800 North Horseshoe Drive • Naples, FL 34104 • 239 -252 -2400 • www.coliiergov.net
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Zoning Verification Letter
ZLTR- PL20130000494
Page 2 of 2
5912), furniture sales (SIC 5945), souvenir shops (SIC 5947), and stationary stores (SIC 5943).
Ultimately, despite the fact a number of retail businesses are allowable, staff is not able to conclusively
determine that sporting goods stores were not excluded from the list of permitted uses for cause;
therefore, staff must conclude that those uses covered by SIC 5941 ( "sporting goods stores and bicycle
shops ") are not presently permitted as of right at the specified location.
Please note that PUD Subsection 3.3.A.(n), commercial area permitted principal uses, allows: "Any other
commercial or professional service which is comparable in nature with the foregoing uses and which the
Planning Implementation Director (presently the "Zoning Services Director ") determines to be
compatible in the district. The applicant is welcome to pursue a comparable and compatible use
determination, by specific request for same, should they desire to do so. Said determination must be
affirmed by the Board of Zoning Appeals before becoming official. Alternatively, though the preferred
process for clarifying or adding uses to a PUD is by means of an Official Interpretation in accordance
with Sections 2.03.00 A. and 1.06.01 of the LDC; the determination outlined in this Zoning Verification
Letter can be appealed to the to the Board of Zoning Appeals (BZA). An application for "Appeal of
Administrative Decision of Administrative Official" is attached for your use.
Please be advised that the information presented in this verification letter is based on the Collier County
LDC and/or Growth Management Plan in effect as of this date. It is possible that subsequent
amendment(s) 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 Collier County LDC or related ordinances.
This letter represents a determination of Zoning Department staff. Should you disagree with this
determination, you may request an Official Interpretation by the Zoning Director of the provisions of the
Land Development Code pursuant to Sections 1.06.0 LA and 10.02.02.F.1 of that Code. The fee for an
Official Interpretation is identified in the most recent CDES Fee Schedule Resolution as approved by the
Board of County Commissioners. To obtain copies of any document referenced herein, please contact
Ms. Maria Estrada — Operations Coordinator, at (239)252 -2989. The LDC may be viewed online at
www.municode.com / Municode Library / Florida / Collier County. Validated Ordinances may be
viewed online via the Clerk of Courts website, www.collierclerk.com / Records Search / BMR Records /
Boards, Minutes, Records / BMR Validated Ordinances. Should you require additional information,
please do not hesitate to call our office at (239)252 -2400.
Researched and prepared by:
/z X�/
Jolin A. Kelly, Tanner
Department of Planning & Zoning
Zoning Services
Cc: ZLTR- PL20130000494 File
Tollgate Commercial Center PUD File
GMD -Front Desk Planner
Reviewed by:
Raymoigd Bellows, Planning Manager
Department of Planning & Zoning
Zoning Services
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GRAND CYPRESS COMMUNITIES, WC .�
May 21, 2013
Collier County
RE: Zoning Verification Letter ZLTR- PL20130000494: Tollgate Commercial Center PUp,
Collier County, Florida.
To whom it may concern:
Please be advised that Bender Shooting, LLC is a tenant at my property located at 3887 Mannix
Drive. 1, as the owner of the property, do authorize the zoning action referred to in the May 1,
2013 letter from Fred Reischl and Raymond V. Bellows at Collier County Growth Management
Division to proceed.
Please give me a call if you have any questions.
Grand Cypre muu�nities, Inc.
c..
Lac, e
As President
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100r ,?51 PAsE 02
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ORDINANCE 92 —j,p_
�,'j2346C�
AN ORDINANCE AMENDING ORDINANCE NUMBER
rn
91 -102, THE COLLIER COUNTY LAND ~
N CODE WHICH INCLUDES
DEVELOPMENT THE
w N
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, Li
'y
(�.s
FLORIDA AND AMENDING THE OFFICIAL ZONING p
ATLAS MAP(S) NUMBERED 963536 AND 060102; p
�lzozst���
N
BY CHANGING THE ZONING CLASSIFICATION OF 4""
THE HEREIN DESCRIBED REAL PROPERTY FROM
"PUD" TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS TOLLGATE COMMERCIAL CENTER FOR
MIXED BUSINESS AND LIGHT INDUSTRIAL USES
ON PROPERTY LOCATED AT THE SOUTHEAST
CORNER OF I -75 AND C.R. 951, BOUNDED ON
THE SOUTH BY C.R. 84, IN SECTION 35,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, AND
SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 100.231 ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 84 -6, AS
AMENDED, THE FORMER TOLLGATE COMMERCIAL
CENTER PUD; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, William R. Vines of Vines i Associates, Inc.,
representing Ashley M. Papineau, Partner, of Tollgate
Commercial Center, petitioned the Board of County
Commissioners to change the zoning classification of the
T,
herein described real property;
NOW THEREFORE BE IT•ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
SECTION ONE:
The Zoning Classification of the herein described real
property located in Section 35, Township 49 South, Range 26
East, and Section 2, Township 50 South, Range 26 East,
Collier County, Florida, is changed from "PUD" to "PUD"
Planned Unit Development in accordance with the PUD Document,
=:
attached hereto as Exhibit "A" which is incorporated herein
rP
L
,; n•.
' ' and b reference made
y part hereof. The Official Zoning Atlas
-:t
Hap(s) Numbered 963536 and 060102, as described in Ordinance
•s
Number 91 -102, the Collier County Land Development Code, are
hereby amended accordingly.
100r ,?51 PAsE 02
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6/25/2013 W.C.
SECTION TWO,
a Ordinance Number 84 -6, as amended, known as the Tollgate
Commercial Center PUD, adopted on January 14, 1984 by the
Board of County Commissioners of Collier County is hereby
s. repealed in: its entirety. Said Ordinance is attached hereto
as Exhibit "B".
�+ SECTION THREE* .
4 r,
This Ordinance shall become effective upon receipt of
4 notice from the Secretary of State that this Ordinance has
been filed with the Secretary of State.
PASSED AND DULY ADOPTED the Board of Count
b5' Y
Commissioners of Collier County, Florida, this day of
1992.
sr.•
•�r.'- ATTEST.i r C BOARD OF COUNTY COMMISSIONERS
:JAMES, 6ic ,GI`LES Clark COLLIER CO
,•; _ ,�. , , FLORIDA
.*} �� *f •' �' ,s "nnr..S\ , CHAIRMAN
~+ Appx90 ed�as to form and
legal sufficiency
Mar o e•M. Student
Assistant County Attorney
PUD- 83- 18(3)•ORDINANCE
nb/5412
Thk "nonce filed with the
�of 's Off t
olQf� day a I� If that
and fin Ned thl day
o ,
S. ow.a n..
IDDK t- 51PAGE 03
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PLANNED VXXT DEVELOPMENT
TOLLGATE COMMERCIAL CENTER
PREPARED BY:
WILLIAM R. VINES, AICP
VINES, i ASSOCIATES, INC.
715 TENTH STREET SOUTH
NAPLES, FLORIDA 33940
(813) 262 -4164
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC 2/11/92
ORDINANCE NUMBER 92 -10
AMENDMENTS AND REPEAL
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PAGE
ii
iii
2-1
3-1
4-1
5-1
LIST OF
EXHIBITS AND TABLE
STATEMENT OF
COMPLIANCE
41.
SECTION
I
PROPERTY OWNERSHIP i DESCRIPTION
SECTION
11
PROJECT DEVELOPMENT REQUIREMENTS
SECTION
III
COMMERCIAL AREAS PLAN FOR PARCEL "A"
SECTION
IV
COMMERCIAWLIGHT INDUSTRIAL AREAS FOR
PARCEL "B's
SECTION
V
GENERAL DEVELOPMENT COMKITMNTS
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PAGE
ii
iii
2-1
3-1
4-1
5-1
is
EXHIBIT A PUD Master Plan 6-1
TABLE I Schedule of Development 2-2
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6/25/2013 17.C.
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6/25/2013 17.C.
STATEMENT OF COMPLIANCE
The development of approximately 100.23 acres of property in
Collier County and within an Interchange Activity Center, as a
Planned Unit Development to be known as Tollgate Commercial
center, will be in compliance with the planning goals and
objectives of Collier County as set forth in the Growth Management
Plan and it's provisions for Interchange Activity Center
development. This compliance includes:
Activity center Project
1. The subject property is located in an area identified as an
Interchange Activity Center in the Future Land Use Element
(FLUE) of the Growth Management Plan for Collier County.
2. Interstate Activity Centers are the preferred locations for
the concentration of commercial and mixed use development
activities.
3. The subject tract is located on the northeast corner of the
intersection of CR -951 and CR -84. This strategic location
allows the site superior access for the placement of
commercial /industrial activities.
4. The project is in compliance with all applicable County
regulations. In addition, the project complies with the
Growth Management Plan with the adoption of the Plan
amendment which allows for specifically approved heavy
business /light industrial uses to be developed in designated
interstate activity centers.
5. The project will be served by a complete range of services
and utilities as approved by the County.
6. The project is compatible with adjacent land uses through the
internal arrangement of structures, the placement of land use
buffers, and the proposed development standards contained
herein.
7. The Planned Unit Development includes open spaces and
naturalized open features which serve as project amenities.
8. The project shall be developed in accordance with the
approved Master Development Plan and the existing PUD
document as approved. In addition, the project shall be
developed in accordance with all Collier County regulations
in effect at the time of Final SDP or building permit
application.
9. Bind the owner's successor in title to any commitments made
under in this document.
-iii-
600, rKi PACE 07
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0. SECTION I
Y PROPERTY OWNZRBBIP AND DESCRIPTION
R
1.1 PURPOSE
f. The purpose of this Section-in to set forth the location and
`' ownership of the property, and to describe the existing
f )., Y. g
x conditions of the property proposed to be developed under the
F•` project name of Tollgate Commercial Center.
1.2 LEGAL DESCRIPTION
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" West 200.14 feet to a point on the north
right -of -way line of State Road 84 (Alligator Alley); thence
along said north right -of -way line, North 894- 451 -01" West
331.23 feet to a point of intersection of said north
right -of -way line of State Road 93 (I -75), and the Point of
Beginning of the parcel herein described;
thence continue along said right -of -way line of State Road 84
(Alligator Alley) on the following five courses:
1) North 890- 45' -01" West 2398.66 feet;
2) South 890- 561 -16" West 1547.43 feet;
3) North 800- 43' -58" West 709.38 feet;
4) North 390- 52' -42" West 209.91 feet;
5) North 100- 240 -33" West 209.94 feet to a point on the
East Limited Access, right- of-way line of State Road 93
thence continue along said Limited Access, right -of -way line
of State 93 (I -75) on-the following nine courses:
1) North 30- 19' -52" East 285.34 feet;
2) North 23•- 37' -28" East 149.83 feet;
3) North 640- 12' -39" East 149.83 feet;
4) North 86•- 371 -01" East 778.54 feet;
5) South 87•- 55' -12" East 318.82 feet;
6) South 780- 44' -38" East 318.32 feet;
7) South 740- 09' -17" East 1199.30 feet;
8) South 730- 00' -33" East 1904.96 feet;
9) southeasterly 233.67 feet along the are of a circular
curve concave to the northeast, having a radius of
116.2116 feet, subtended by a chord which bears South
750- 35' -07" East 233.67 feet to- the north right- of-way
line of State Road 84 (Alligator Alley); and the Point
of Beginning of the parcel herein described;
1 -1
600' �1,PAGE
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6/25/2013 17.C.
being a part of south 1/2, Section 35, Township 49 South,
Range 26 East, Collier County, Florida;
subject to easements and restrictions of record;
containing 69.40 acres of land more or less;
S bearings are based on Florida Department of Transportation
right -of -way map for State Road 93 (I -75).
ALSO INCLUDING THE FOLLOWING
f` Description of part of Section 35, Township 49 South, Range
} 26 East, and part of Section 2, Township 50 South, Range 26
r„ East, Collier County, Florida
COMMENCE at an iron pipe marking the Northeast Corner of said
section 2; thence North 89. 45' 01" West, 337.83 feet along
the North line of said Section 2 for a POINT OF BEGINNING;
thence South 00. 02' 19" East, 59.98 feet; thence South 890
571 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 01•
28' 34" West, 705.25 feet to the Easterly Limited Access R/W
Line of S.R. 951 (Section 03175 - 2409); thence South 10. 24'
33" East, 209.94 feet; thence South 39. 52' 42" East, 209.91
feet; thence South 80. 430 58" East, 709.38 feet; thence
North 89. 569 16" East, 1,547.43 feet; thence South 89. 45'
01" East, 2,396.67 feet to the Southerly Existing Limited
Access R/W Line of S.R. 93 (03175 - 2409); thence South 00. 02'
19" East, 200.00 feet to the POINT OF BEGINNING.
Less and except the East 100.00 feet thereof.
Containing 30.835 acres, more or less.
The entire project area is 100.235 acres.
Number of acres devoted to various categories of land use:
Development area 70.72
Water Management area 17.84
Road Right -of -Way 6.7
F F.P.L. Easement 4.98
GENERAL LOCATION OF PROSECT SITE
Tollgate Commercial Center is located in the southeast
. quadrant of the Interstate I -75 /CR -951 interchange,
approximately five miles east of the Naples Airport at the
�+ eastern terminus of Davis Boulevard (SR 84).
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1.3 PROPERTY OWNERSHIP
The subject property is currently owned by and under the
unified control of Tollgate Commercial Center, a Florida
General Partnership.
1.4 GENERAL DESCRIPTION OF PROPERTY ARtA
A. COMPREHENSIVE PLAN DESIGNATION: The project site is
designated Interstate Activity Center on the Collier
County Growth Management Plan.
B. CURRENT ZONING: The project site is currently zoned
PUD.
C. EXISTING LAND USE: At the present time the site is
unoccupied except for a 104 room motel.
D. ADJACENT LAND USE: The adjacent lands are predominately
vacant at the present time. The northwest and southwest
corners of CR 951 and SR 84 are presently used as
gasoline service stations.
The properties north of the I -75 right -of -way and the
properties south of CR 84 are vacant.
1.5 PHYSICAL DESCRIPTION
The elevation of the project site varies from 9.8 feet to
11.6 feet. Tollgate Commercial Center lies within Zone X as
identified on the Federal Flood Insurance Rate Map. Zone X
is identified as those areas between limits of the 100 -year
flood and 500 -year flood. This means that no development
will be occurring within the 100 -year flood prone area.
A. ,SOILS: There are three types of soil cover on the
project site. They are Arzell fine sands, Reri fine
sands and Pompano fine sands. The distribution of these
soil types is shown in Map 1.
B. VEGETATIVE COVER, A breakdown of the vegetative cover
of the project area is as follows:
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VEGETATION COMMUNITY ACREAGE
Pineland 1.00
Saw Palmetto /Rusty Lyonia 4.21
Transitional Zone /Cypress 29.40
Functional Wetland 9.40
Cabbage Palm Heads 0.20
Improved /Platted 30.67
Cleared /Filled Unplatted Former R/W 21.66
f'.
F.P.L. R/W 3.60
°.
Total 100.24
-a`
There are no unique features of the vegetation. All
species and associations are "typical" for soil types
common to pine flatwoods of level sandy areas of Collier
County.
M
C.
WILDLIFE: Wildlife, observed or noted from tracks,
nests, etc. consisted of the representative species,
such as raccoon, snakes and wading birds, which normally
occur in an habitat such as the Tollgate Commercial
Center site.
No endangered or threatened species were observed on the
site.
c
D.
HISTORICAL _OR ARCHAEOLOGICAL SITES: John eeriault,
Field Representative of the S.W. Florida Archaeological
society, searched for such sites and believes none exist
'
on the tract.
E.
WASTEWATER MANAGEMENT: Waste water treatment is being
provided by the Collier County Sewage Treatment System.
y,•
Temporary on -site wastewater treatment facilities for
;.
which all necessary permits have been granted may be
installed during any period of tine in which sewage
treatment service is not available from Collier County.
F.
WATER MANAGEMENT: The Water Management Plan provides
i.'
for site runoff transport to a system of hardwood
forest, marsh, and open water ponds. The Water
Management Plan is designed to meet SFWMD and County
criteria.
'
Minimum road elevations and discharge control will be
designed for the 25 -year 3 -day rainfall event. The
L.„
finished floor elevations will be established by the 100
year -zero discharge design event.
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G.
idATER sUPP•v• potable water is being supplied by the
Collier county water - Sewer District.
Non- potable water utilized for landscape irrigation and
other non -human
consumptive uses will be procured from
on -site wells, or from the County treated
sewage
effluent distribution system.
H.
22LID iiASIL Solid waste is being disposed of at the
Collier county Sanitary Landfill.
Collection
provided by Waste Management of is
Collier County, a
franchised hauler.
n
_•
ZLE2TRICITY• Electricity is bein g provided by the
Florida Power i Light Company, inc.
J.
POLICE PROT- crrnu. police protection is
Collier County Sheriff Department. Provided by the
K.
FIRE PROTLCTZQI Fire
Golden Gate Fire Co protection is provided by the
ntrol and Rescue District.
•
Y
L.
TELEPHONE: Telephone service is provided by United
Telephone of Florida.
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SECTION II
PROJECT DEVELOPMENT REQU1'REMENTS
r
2.1 PURPOSE
:r.
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The purpose of this Section is to delineate and generally
describe the project plan of development, relationships to
e applicable County ordinances; the respective land uses of the
tracts included in the project, as well as other project
relationships.
2.2 GEM AL
�.'.:
..r A. Regulations, requirements and references for development
of Tollgate Commercial Center shall be in accordance
with the contents of this document. Where these
regulations fail to provide development standards, then
the provisions of the most similar district in the
Collier County Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms
shall be the same as the definitions set forth in
Collier County Land Development Code.
C. All conditions imposed and all graphic material
presented depicting restrictions for the development of
Tollgate Commercial Center shall become part of the
regulations which govern the manner in which the PUD
site may be developed.
' D. Unless specifically waived through variance or waiver
provisions within this PUD, those applicable regulations
not otherwise provided for in this PUD remain in full
force and effect.
E. Each tract, as identified on the Master Plan, shall
require the submittal, review and subsequent approval of
a Site Development Plan prior to the issuance of a Final
Local Development Order.
2.3. DE=IPT ON OF PROJECT PLAN AND PROPOSED LAND
USES
A. The project Master Plan is illustrated graphically by
Exhibit "A ", PUD Master Development Plan.
4
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-t SCREDOLE O! DrMO'PR=
+ Project development is underway and will continue to build -
k. out.
V The following schedule indicates the anticipated start and
completion dates for the various project development Phases.
Phase boundaries are indicated on the Master Development
Plan.
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TABLE I
PRASE
of
ACREAGE SITE START COMPLETE
j`,i•,.
I
54.51 54.4 1988 1993
'
II
26.44 26.4 1992 1995
III
19.29 19.2 2993 1996
7'
TOTALS 100.24 100.0
A.
Table I is a schedule of Development, with the
';c•,
approximate acreage of the total project indicated. The
arrangement of these land areas are shown on the pUD
Master Development Plan (Exhibit "A "). The Master
Development Plan is an illustrative preliminary
development plan. Design criteria and layout is
illustrative on the Master Development Plan and other
exhibits supporting this project. It shall be
understood that these exhibits are to remain flexible
so the final design may satisfy development objectives
and be consistent with the project development, as not
forth in this document.
s
Minor changes to the master plan shall be subject to the
provisions of Section 2.7.3.5, Division 2.7, Article 2
of the Collier County Land Development Coda. The final
,•
size of the open space lands will depend on the actual
requirements for drive patterns, parking layout and
y
requirements, and development parcel size and
�.`
configuration.
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B. In addition to the various areas and specific items
shown in Exhibit "A ", such utility and other easements
as are necessary shall be established within or along
the various tracts.
2.4. RELATED PR03ECT PLAN APPROVAL INQUIRER EST 2
A. Prior to the recording of a Record Plat, for all or part
of the PUD, final plans of all required improvements
shall receive approval of the appropriate Collier County
governmental agency to insure compliance with the POD
Master Plan, and the Collier County Land Development
Code.
S. Exhibit "A ", PUD Master Development Plan, constitutes
the required PUD Development Plan. Subsequent to or
concurrent with PUD approval, a Preliminary Subdivision
Plat, if applicable, shall be submitted for any area to
be subdivided. Any division of property and the
development of the land shall be in compliance with the
Collier County Land Development Code and the platting
laws of the State of Florida.
C. The development of any tract or parcel contemplating fee
simple ownership of land shall be required to submit and
receive approval of a Preliminary Subdivision Plat in
conformance With requirements of Division 3.2, Article
3, of the Collier County Land Development Code, prior to
the submittal of construction' plans and plat for any
portion of the tract or parcel.
D. Appropriate instruments will be provided at the time of
infrastructural •improvements regarding any dedications
and method for providing perpetual maintenance of common
facilities.
E. The developer or subsequent owner of any platted parcel
ror platted tract shall, prior to application for a
building permit, submit a Site Development Plan (SDP) or
Preliminary Subdivision Plat for that tract or parcel to
the Development Services Department for approval for
applicable development subject to the provisions of
Division 3.3, Article 3 of the Collier County Land
.; Development Code.
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2.5 AHENDMENTS TO PUD DOCIIMENT OR pen XASTEg pLBN
Amendments may be made to the PUD as provided in Section
2.7.3.5.1, Division 2.7, Article 2 of the Collier County Land
Development Code.
2.6 LIMITATIONS OP PLANNED - MEW »PROVA+-
As provided for within Section 2.7.3.4, Division 2.7, Article
2 of the Collier County Land Development Code.
2.7 POLLING PLACES
As provided for in Section 3.2.8.3.14, Division 3.2, Article
3 of the Collier County Land Development Code.
2.8 PQD MONITORING
An annual monitoring report shall be submitted pursuant to
Section 2.7.3.6, Division 2.7, Article 2 of the Collier
County Land Development Code.
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SECTION III
COMMERCIAL AREAS VWX
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The purpose of this Section is to identify the type of
.,F Commercial Uses and devalopment standards that will be
applied to the areas so designated on Exhibit "A ", as "A"
Parcels.
' 3.2 DEVELOPMENT INTENT FOR PARCEL "A"
It is the intent of this document that "A" designated
development parcels be used for commercial purposes which
serve the motoring public using Interstate I -75 as well as
providing limited commercial goods and services of an
areawide nature for the Naples, Marco Island, Golden Gate and
the Immckalea urban areas.
Further it is the intent of this document that "A" designated
development parcels shall be used in accordance with all
current Federal, state and County regulations in effect at
the time final local development orders are issued except as
f'. specified otherwise in this document by the Collier'County
Hoard of County'Commissioners.
3.3 USES PERMITTED
No building or structure or part thereof, shall be erected,
altered or used, or land used, in whole or 'part, for other
than the following:
f
A. Principal Uses
No building r structure or
g , part thereof, shall be
erected, altered or used or land or water used, in whole
or in part for other than the following:
t (a) Automobile service stations including engine tune -
' ups and minor repairs, and car wash facilities
which are accessory uses.
(b) Banks and financial institutions, business and
y�.
professional offices.
�f (c) Cocktail lounges and commercial entertainment.
(d) Convention and exhibition halls.
,
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(e)
Department stores= drug stores; dry cleaning shops
and dry goods stores.
(f)
Electronic games and furniture sales.
,..
(g)
Ice cream shops and dairy drive -in stores.
(h)
Motels; hotels• and other transient lodging
facilities.
(i)
Research and design labs; restaurants and fast food
restaurants.
Shopping centers.
(k)
Souvenir stores and stationery stores.
.r
(1)
Supermarkets.
(m)
Variety stores; vehicle rental- automobile and
U -haul type of vehicles and equipment including
.:
outside display; veterinary offices and clinics; no
outside kenneling.
(n)
Any other commercial or professional service which
is comparable in nature with the foregoing uses and
which the Planning Impementation Director
determines to be compatible in the district.
B.
Permitted Accessory Uses and Structures
(a)
Any accessory uses or structures customarily
associated with the permitted principal uses and
structures.
(b)
Caretakers residence.
C.
Permitted Provisional Uses and Structures
(a)
Car wash facilities which are principal uses.
(b)
Permitted uses with less than one thousand (1,000)
square feet gross floor area in the principal
structure.
Y.
3.4 Development
Standards
'
i
( )
Minimum Lot Area: Ten thousand 10 000 s
( , ) guars lest.
(2)
Minimum Lot width: one hundred (Soo) feet as measured
at
the front building setback line.
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(3) Minimum Yard Requiremants:
(a) Front Yard - Twenty -five (25) feet plus one (1)
foot for each two (2) feet of building height over
fifty (50) feet.
(b) Side yard - None or a minimum of five (5) feet with
unobstructed passage from front to rear yard for
non- residential uses. Fifteen (15) fact for
tT`
motels, hotels and transient lodging facilities
;.L
plus one (1) foot for each two (2) feet of building
"
height over fifty (50) feet.
'J
(c) Rear Yard - Twenty -five (25) feet.
e> '
(d) Waterfront - Twenty -five (25) feet from the normal
water line of any artificially created body of
water, excluding observation decks, bridges and
walkways.
(4)
Maximum Height: One hundred (100) fast.
(5)
Minimum Floor Area of Principal Structure: One thousand
ks
(1,000) square feet per building on the ground floor,
-'
except that gasoline service stations and other
r
permitted areas for which the principal activity does
not occur in a structure shall not require a minimum
floor area.
(6)
Maximum Density: Twenty -six (26) units per gross acre
of land for hotels, motels or transient lodging
>,
facilities.
:
(7)
Distance Between Principal structures on same site:
one -half the sum of the heights.
(a)
signs: As required by Division 2.5 of the Land
t`
Development Code.
(9)
Minimum Off- Street Parking and off - street Loading
p,-
Requirements: As . required by Division 2.3 of the
Collier County Land Development Code.
(10)
Minimum Landscaping Requirements: As required by the
Collier County Land Development Code.
(11)
Outside Merchandise Storage and Displaying: Unless
:..
specifically authorized by this PUD document or by an
approved Site Development Plan, outside storage or
display of merchandise is prohibited.
~
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SECTION IV
COMMERCIAL /LIGBT INDUSTRIAL USER
yt 4.1 PURP08E
a The purpose of this Section is to identify the type of
Commercial /Industrial Uses and development standards that
will be applied to the areas designated on Exhibit "A" as
"B" Parcels.
r1'!` 4.2 DEVELOPMENT INTENT FOR PARCEL "a"
Ri It is the intent of this document that "B" designated
development parcels by used for both "A" designated uses and
for the sale, service, transportation, storage and
distribution of goods and service to the traveling public on
I -75 and to the citizens of the area which can be served via
the access road systems.
A major function of these parcels is to serve as a focal
• point for the arrival of goods from other points of the
region and country and then be processed for distribution to the local trade market.
It is intended that inside storage and warehousing along with
.•,` limited assembly and manufacturing wholly within a building
and not obnoxious by reason of emission of odor, fumes, dust,
smoke, noise or vibration be permitted.
Further, it is the intent of this document that "B"
designated Parcels be used in accordance with all of the
current Federal, State and County regulations in effect at
}j the time final local development orders are issued except as
specified otherwise in this document or as may be approved
" otherwise by the Collier county Board of Commissioners.
4.3 USES PERMITTED
i. No building or structure, or part thereof, shall be erected,
"z altered or used, or land or water used, in whole or in part
of other than the following:
;. A. Principal Uses:
., (a) Any principal use or structure permitted on "A"
designated development parcels.
(b) Assembly operations in-an enclosed building.
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(c)
Building supplies and contractors storage
facilities; bulk storage yards not including junk
or salvage yards.
(d)
car wash, communications service and equipment
repair.
(e)
Freight movers and storage.
(f)
Laboratories, research, design and testing;
laundries; lawn maintenance shops and plant
a;.
nurseries; light manufacturing or processing
V.
(include food processing but not abatair; packaging
4••i
or fabricating in a completely enclosed building).
(q)
Miscellaneous uses such as express office;
telephone exchange; motor or bus or truck or other
;r
transportation terminal •and related uses;
motorcycle sales, service and repair; museums and
tourist attractions.
a
(h)
New and used car sales, service and repair
including outside display.
r.'
(i)
offices, general purpose.
e.,
(j)
Warehousing, wholesaling, storage and distributing
`
establishments and similar uses.
(k)
Any other commercial or professional use which is
comparable in nature with the foregoing uses and
which the Planning Implementation Director
determines to be compatible in the district.
B. permitted
Accessory Uses and Structures:
i�
(i)
Any accessory use or structure customarily
associated with the permitted uses and structures.
'i'.
C. permitted
P ov sional Uses and Structures;,•
(1)
Attached residence in conjunction with a business
one (1) per business.
(2)
Permitted use with less than 1,000 square feet
gross floor areas in the principal building.
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4.4 DEVELOP
ENT STANDARDS
(1)
Minimum Lot Area: Ten thousand (10,000) square feet.
i`
(2)
Minimum Lot Width: One hundred (100) fast as measured
at the front building setback line.
(3)
Minimum Yard Requirements:
(a) Front Yard - Twenty -five (25) feet.
(b) Side Yard - Non, or a minimum of five (5) feet with
`s.
unobstructed passage from front to rear yard for
.,,
non- residential uses. Fifteen (15) feet for
r`
hotels, motels and transient lodging facilities
�.
plus one (1) foot for each two (2) feet of building
height over fifty (50) feet. Attached residences
shall be treated as non - residential.
(c) Rear Yard - Twenty -five (25) feet.
Y:
(d) Waterfront - Twenty -five (25) feet from the normal
„
level of any artificially created body of water,
excluding observation decks, bridges and walkways.
(4)
Maximum Height: one hundred (100) feet.
r
(5)
Minimum Floor Area of Principal Structure: one thousand
(1,000) square feet per building on ground floor, except
that gasoline service stations and other permitted uses
'
for which the principal activity does not occur in a
structure shall not require a minimum floor area.
(6)
Maximum Density: Twenty -six (26) units per gross acre
of land for hotel, motel and transient lodging
facilities.
(7)
Distance Between Structures: One -half the sum of the
heights.
(8)
Signs: As required by Division 2.5 of the Collier
-'
,.
Count Land Development
Y Code. P
(9)
Minimum off- Street Parking and Off - Street Loading
Requirements: As required by Division 2.3 of the
Collier County Land Development Code.
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(10) Minimum Landscaping Requirements: As required by the
Collier county Land Development Code.
(11) Merchandise Storage and Display: Unless specifically
authorized by this PUD document or an approved Site
Development Plan, or of a nature which is permitted
generally, outside storage or diplay of merchandise is
prohibited.
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SECTION V
GENERAL DEVELOPMENT COMMITMENTS
�• S.1 PURPOSE
.�w
The purpose of this Section is to sat forth the standards for
the development of the project.
5.2 PUD MASTER PLAN
Y•
A. The PUD Master Plan is an illustrative preliminary
development plan.
B. The design criteria and layout illustrated in the Master
Development Plan shall be interpreted as preliminary and
understood to be flexible so that the final design may
'V best satisfy the project and comply with all applicable
requirements. Minor design changes shall be permitted
subject to Staff approval.
C. All necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance of all service utilities.
.:_ D. overall site design shall be harmonious in terms of
landscaping, enclosure of structure, locations of all
improved facilities, and location and treatment of
buffer areas.
5.3 ENGINEERING
K.
A. The developer and all subsequent petitioners are hereby
placed on notice that they shall be required to satisfy•
,+h±
the requirements of all County ordinances or codes in
effect prior to or concurrent with any subsequent
development order relating to this site. This includes,
but is not limited to, Preliminary Subdivision Plats,
Site Development Plans and any other application that
will result in the issuance of a final or final local
development order.
:•
B. The project shall be platted in accordance with the
Collier county Subdivision Code to define the
right -of -way, tracts, and water management areas as
shown on the master plan.
i:.
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C. Landscaping shall not be placed within the water
management areas unless specifically approved by project
a. •,
Review services.
;.,.:
D. Provide a 20 ft. landscape buffer aloe
p g the entire
western and southern property line. This buffer will be
in a separate platted tract (not within a right -of -way)
for all buffer required between on -site right -of -way and
off -site County right -of -way. Buffers may be included
within the platted lots that directly backup to an
off -site County right -of -way, provided the buffer is not
located within any utility or drainage easement. When
the buffer exists on a platted lot, it shall not be
included in the rear- yard setback measurement for such
lot(s). All landscape buffers required by Division 3.2
of the Land Development Code must be designed, bonded,
permitted and constructed as part of the subdivision
improvements for the project.
E. Should the South Florida Water Management District,
during it's permit review process, require a natural
vegetative buffer be created between the lots and any
jurisdictional wetland Preserve and /or Conservation
tract, the buffer shall not be located within the
boundaries of the lot(s) unless otherwise waived by the
South Florida Water Management District. It shall be
created as a separate platted tract or as a 'buffer
easement over an expanded limit of the Preserve tracts,
which would be dedicated as Preserve /Drainage tracts, to
include the buffer within the Preserve tract. If the
buffer is located within a separate tract, that tract
shall be dedicated on the plat to the project's
homeowners association or like entity for ownership and
;.
maintenance responsibilities and if necessary, to
Collier County with no responsibility for maintenance.
All Preserve buffer easements or buffer tracts shall be
created in conformance with the provisions of Chapter
704.06, Florida Statutes.
F. Land Development Code, Section 3.2.8.4.16.6 - Dead end
r•
streets maximum length not to exceed 1,000 feet: Waived
to a maximum length of 1,050 feet.
Y;
�•
G. Land Development Regulations, Section 3.2.6.4.16 - All
local streets within commercial subdivision shall be
4.
designed according to the typical section for collector
streets contained in the County Standards. Waived
subject to right -of -way and other dimension requirements
for the roads to meet local street standards and the
Ur •
pavements structure to meet collector standards.
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Land Development Code, Section 3.2.8.4.7 - Easements:
Utility easements will be provided as needed with
Collier county utility easements (C.U.E.) at a minimum
of fifteen (15) feet.
Land Development Code, Section, 3.2.8.3.17 - Sidewalks:
Not waived since existing phase already has sidewalks
and it will maintain the continuity for pedestrians
access purposes.
5.4 DTILITIES
A. Water distribution, sewage collection and transmission
and interim water and /or sewage treatment facilities to
serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with.
Collier County ordinance No. 88 -76, as amended, and
other applicable County rules and regulations.
B. All customers connecting to the water distribution and
sewage collection facilities to be constructed will be
customers of the County and will be billed by the County
in accordance with the County's established rates.
C. The on -site water distribution system to serve the
project must be connected to the existing water main on
Tollhouse Drive and /or CR -84 rights -of -way consistent
with the main sizing requirements specified in the
County's Water Master Plan and extended throughout the
project. During design of these facilities, dead end
mains shall be eliminated by looping the internal
pipeline network.
D. The utility construction documents for the project's
sewerage system shall be prepared so that all sewage
flowing to the County's master pump station is
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transmitted by one (1) main on -site pump station. Due
to the design and configuration of the master pump
station, flow by gravity into the station will not be
possible. The Developer's Engineer shall most with the
County staff prior to commencing preparation of
construction drawings, so that all aspects of the
sawerage system design can be coordinated with the
County's sewer master plan.
E. The existing off -site water facilities of the District
must be evaluated for hydraulic capacity to serve this
Project and reinforced as required,, if necessary,
consistent with the County's Water Master Plan to insure
that the District's water system can hydraulically
provide a sufficient quantity of water to most the
anticipated demands of the project and the District's
existing committed capacity.
F. The existing off -site sewage transmission facilities of
the district must be evaluated for hydraulic capacity to
serve this project improved as required outside the
projects boundary to provide adequate capacity to
transport the additional wastewater generated without
adverse impact to the existing. transmission facilities.
5.5 WATER MANAGEMENT AND ENGINEERING
A. Detailed paving, grading, site. drainage and utility
plans shall be submitted to Project Review Services for
review. No construction permits shall be issued finless
and until approval of the proposed construction in
accordance with' the submitted plans is granted by
Project Review Services.
t. B. work within Collier County right -of -way shall meet the
+ requirements of Collier county Right -of -way ordinance
No. 82 -91.
r' C. An Excavation Permit will be required for the proposed
lake(s) in accordance with Division 3.5 of the Collier
County Land Development Code. The standards related to
�.' depths may be modified in accordance with DER and ALOE
permits.
D. Each building site will be required to provide a minimum
1/2 inch of dry pre - treatment on site, unless otherwise
iM waived by South Florida Water Management District.
A
S -4
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A. All jurisdictional wetlands and mitigation areas on -site
shall be designated as conservation /preserve tracts or
easements on all construction plans and shall be
c" recorded on the plat with protective covenants similar
to or as per Chapter 704.06 of the Florida Statutes.
B. In the case of mitigation off -site any purchase must be
within the Conservation and Recreational Lands (CARL) or
the Corkscrew Regional Ecological Watershed Lands (CREW)
or other areas approved for mitigation by the Florida
Department of Environmental Regulation. The ultimate
transfer of dead(s) of land(s) to Florida Department of
Natural Resources, Division of State Lands must occur
prior to final construction plan /plat approvals.
3.7
a
C. Control structures on -site shall be constructed in
accordance with State and Federal permits.
A. Detailed paving, grading, and site drainage plans shall
be submitted to Project Review Services for review. No
construction permits shall be issued unless and until
approval of the proposed construction in accordance with
the submitted plans is granted by Project ,Review
Services.
B. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions of
the Collier County Subdivision Regulations.
C. An Excavation Permit will be required for the proposed
lake(s) in accordance with Division 3.5 of the Collier
County Land Development Code. The standards related to
depths may be modified in accordance with DER and ACOE
permits.
D. A copy of SFWMD Permit or Early Work Permit is required
prior to construction plan approval.
E. Each building site will be required to provide a minimum
1/2 inch of dry pre- treatment on site, unless otherwise
waived by South Florida Water Management District.
5 -5
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5.8 TRANSPORTATION
A. The final location of major access points along Davis
Boulevard shall be -determined during the SMP process.
?' Such major access points shall provide primary access
and internal road circulation and shall typically
include turn lane improvements based on projected
traffic conditions. Secondary access points between
Davis Boulevard and individual parcels shall be
prohibited unless approved consistent with ordinance
e2 -91 as may be amended and with the following access
control criteria:
1. safety
2. proper geometric design
3. effects on the capacity of Davis Boulevard
'~ 4. traffic volumes using the proposed access point
5. other roadways providing access to the site
6. the combined effect of access to• any and all
tracts both within this PUD and adjacent PUD's
7. spacing of access points
' Collier County reserves the right to close any approved
secondary access to and from Davis Boulevard should it
at any time be found to create a traffic hazard or to
adversely affect the capacity or level of service of
that roadway.
B. The road impact fee shall be as set forth in Ordinance
SS -55, as amended, and shall be paid at the time
building permits are issued unless otherwise approved by
the Board of County Commissioners.
.rr
C. Access improvements shall not be subject to impact tee
4 credits and shall be in place before any certificates of
occupancy are issued.
D. All traffic control devices used shall conform with the
Manual on Uniform Traffic Control Devices as required by
Chapter 316.0747 Florida Statutes.
., TOLLGATE PUD DOCUMENT /md
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MRIMED
.inn 2 7 1994
CDD /PLAN
ORDINANCE 84- 6
AN ORDINANCE AMENDINC ORDINANCE 82 -2 THE COM-
PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR-
PORATED AREA OF COLLIER COUM, FLORIDA BY
AMENDING THE ZONING ATLAS MAP NUMBER 49 -26 -7 BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL'PROPERTY FROM A -2 TO "PUD{' PLANNED
UNIT DEVELOPMENT FOR 69.4 ACRES TO COMMERCIAL,
INDUSTRIAL AND RESIDENTIAL TOURIST USES IN THE
SOUTHEAST CORNER OF SECTION 35, TOWNSHIP 49 S.,
RANGE 26 E; AND PROVIDING AN EFFECTIVE DATE:
;. WHEREAS, Nano J. .Spagna, petitioned the Board of County
Commissioners to change the Zoning Classification of the herein
Ir' described.real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 35, Township 49 S. Range 26 E, Collier County, Florida is
changed from A -2 to "PUD" Planned Unit Development in accordance with
the PUD document attached beret* as Exhibit "A" Which is
Incorporated herein and by reference made part bereof. The Official
e
Zoning Atlas Map Number, Number 49 -26 -7, as described in Ordinance 82 -2, is
hereby amended accordingly.
:Ir (see attached)
Boor x%51, GAGE 31_
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EXHIBIT "B"
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11
in-
ncrroic TWO.,
This ordinance shall became effective upon receipt If notice
that is has been filed with the Secretary of State.
6 DATE: January 17, 1984 BOARD OF COMM CM44ISSIONERS
COLLIER COLIM, FLORIDA
ATTEST:
By
-WILLIAM J REAGAN CL
TAVID C-'BROWN; CHAIRMAN
APPROVED AS TO FORK AND LEGAL SUFFICIENCY
Op I
A4BURT SAUNDERS, COUNTY ATTORNEY
R-83-19C PUD Ordinance
"STATE OF FLORIDA
COUNTY OF COLLIER
1, WILLIAM J. REAGAN, Clerk of Courts.in and for the
Twentieth Judicial Circuit, Collier County, Florida. do
hereby certify that the foregoing is a true and correct
original of:
ORDINANCE NO. 84-6
which was adopted by the Board of County Commissioners during
Regular Session the 17th day of January. 1984.
WITNESS my hand and the official seal of the Board of
Counof ty Commissioners of Collier County, Florida, thiX rl7.th
ti day January, 1984.
WILLIAM J. REA6Ajt-•• •ice
Clerk of Courts nd C1 rk
Ex officio ciiBo:rd of
(151 32 County CommisAioners
PAGE
By
TT
VWginia Magri, Di(atty erk
;This ordinance filed with the Secretary of State's Office thi 23rd day of
-January. 1984 and acknowledgement of that ,,Rling received th a 26th day of
1984.
-BY:
Virgir&A Magri— -Deput9w,'Clerk
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PLANNED UNIT DEVELOPMENT
FOR
TOLL GATE COMMERCIAL CENTER
COLLIER COUNTY, FLORIDA
PREPARED BYs
DR. KENO J. SPAGNA, PRESIDENT
FLORIDA INSTITUTE OF URBAN AFFAIRS, INC.
Box 1354
NAPLES, FLORIDA 33939
(813) 263 -0399
`'; • : JULY, 1983
u ^
REVISED: DECEMBER 15, 1963
soot P51 piu 33
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TABLE OF CONTENTS
e'
PAGE
TABLE OF CONTENTS
LLIST OF MAPS
i
"''" EZONE
`R PETITION '
ii
jLEGAL DESCRIPTION
"•GENERAL LOCATION OF PROJECT SITE
-1
STATEMENT OF COMPLIANCE
grjr: '
. PROJECT INFORMATION
-2-
COMPREHENSIVE PLAN DESIGNATION
-2
,`CURRENT ZONING
:EXISTING LAND USE
;ADJACENT LAND USE
-3-
LAND ELEVATION
-3-
' SOILS
-3-
VEGETATIVE COVER
-3-
WILDLIFE
-3-
yHISTORICAL OR ARCHAEOLOGICAL SITES
-4
.t WASTEWATER MANAGEMENT
-4
.:,WATER MANAGEMENT
-4
rWATER SUPPLY
-4-
..SOLID WASTE
-5-
4 ELECTRICITY
,,POLICE PROTECTION
-g-
FIRE PROTECTION
-g
TELEPHONE'
SCHEDULE OF DEVELOPMENT
FUSE REGULATIONS FOR PARCEL A -1 AND PARCEL B -2 and B -3
7 thru
;,.MASTER PLAN APPROVAL
12
`'`APPROVAL STIPULATIONS
-13
13 thru 16
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MAP E SOILS MAP
MAP F VEGETATION MAP
MAP G WATER MANAGEMENT MAP
MAP H MASTER DEVELOPMENT PLAN
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PAGE
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+,.
LIST OF MAPS
^;
MAP REFERENCE
i TITLE
~,
MAP*A
LOCATION MAP
MAP B
AERIAL PHOTOGRAPH
MAP C
TOPOGRAPHIC MAP
MAP D
EXISTING LAND USE
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MAP E SOILS MAP
MAP F VEGETATION MAP
MAP G WATER MANAGEMENT MAP
MAP H MASTER DEVELOPMENT PLAN
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LEGAL DESCRIPTION
Commencing at the southeast corner of Section 35, Township 49
South, Range 26 East, Collier County, Floridan
thence along the east line of said Section 35,
,J North 1'- 56' -55" West 200.1.4 feet to a point on the north
right -of -way line of State Road 84 (Alligator Alley);
thence along said north right -of -way line,
North 89'- 45' -01" West 33.1.23 feet to a point of intersection
of said north right -of -way line and the south Limited Access,
right -of -way line of State Road 93 (I -75), and the POINT OF
BEGINNING of the parcel herein described;
thence continue along said right -of -way line of State Road
84 (Alligator Alley) on the following five courses
j 1) North 89'- 45' -01" West 2398.66 feet;
! 2) South 89'- 56' -16" West 1547.43 feet;
3) North 80'- 43' -58" West 709.38 feet;
4) North 39'- 52' -42" West 209.91 feet;
5) North 10'- 24' -33" West 209.94 feet to a point on the
East Limited Access, right -of -way line of State Road 93
thence continue along said Limited Access, right -of -way line
of State Road 93 (I -75) on the following nine courses:
1) North 3'- 19' -52' East 285.34 feet;
2) North 23'- 37' -28" East 149.83 feet;
3) North 640- 12' -39" East 149.83 feet;
4Ir. 4) North 86 *- 371 -01" East 778.54 feet;
5) South 87 -551-12" East 318.32 feet;
}} 6) South 78'- 44' -38' East 318.32 feet;
xl, 7) South 74'- 09' -17" East 1199.30 feetr
8) South 73'- 00' -33" East 1904.96 feet;
9) Southeasterly. 233.67 feet along the are of a circular
curve concave to the northeast,•having a radius of
11621.16 feet, subtended by a chord which bears
South 73'- 35' -07" East 233.67 feet to the north
- right -of -way line of State Road 84 (Alligator Alley),
and the Point of Beginning of the parcel herein
g'. described;
being a part of south 1/2, Section 35, Township 49 South, Range
26 East, Collier County, Florida;
;'. subject to easements and restrictions of record;
h containing 69.40 Acres of land more or less;
f:
bearings are based on Florida Department of Transportation
-e.... right -of -way map for State Road 93 (I -75).
GENERAL LOCATION OF PROJECT SITE
Toll Gate Commercial Center is located in the southeast quadrant of
;* interstate i -75 and CR 951 approximately five miles east of the
Naples. Airport at the eastern terminus of Davis Boulevard (SR 84),
.ry see Map A.
-1-
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" STATEMENT OF COMPLIANCE
Y The petitioner states that if he proceeds with the proposed
development, he will:
Il' (a) Do so in accord with:
i.- The Master Plan of Development officially adopted for
e' the district.
2. Requlations'existing' when the amendment rezoning the
land to PUD is adopted; and,
3. Such other conditions or modifications as may be
attached to the rezoning of the land to the PUD
�, classification.
I. 4. The goals and policies of Collier County's Compre-
hensive Plan..
�.. (b) Provide agreements, contracts, deed restrictions, or
sureties acceptable to the County for completion of the
undertaking, in accord with the adopted Master Plan 'as
well as for the continuing' operation and maintenance of
such areas, functions and facilities that are not to be
providdd,, :'operated or maintained at general public ex-
pense, ..and;:
E (c) Bind his "kuccessors .in. , title to any commitments made
under (a) and.(p) proceeding.
PROJECT INFORMATION
Total Acres:" 69:4
Number of acres devoted to- various categories of land use:
Development area - .38.4
Water Management area - 14.6
Road Right -of -Way 4.3
F.P.L. Easement - 3.6
Flow Way - 5.0
Sewage Treatment Plant - 3.0
COMPREHENSIVE PLAN DESIGNATION
The project site is designated commercial on the Collier County
Comprehensive Plan.
CURRENT ZONING
The project site is currently zoned .A -2, Rural Agriculture.
-2-
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EXISTING LAND USE
At the present time the site is unoccupied, see Map B and Map D.
ADJACENT LAND USE
The adjacent lands are predominately vacant at the present time.
The property located at the northwest corner of CR 951 and SR 84 is
presently used as a Sunoco Service station Site.
The property located on the southwest corner of CR 951 and SR 84 is
used as a Standard Service Station site.
The property on the north consists of the I -75 right -of -way. The
property on the south is vacant.
LAND ELEVATION
The elevation of the project site varies from 9.8 feet to 11.6
feet. For elevation distribution see Map C. Toll Gate Commercial
Center lies within Zone B as identified on the Federal Flood -In-
surance Rate Map (effective September 14, 1979). Zone B is identi-
fied as those areas between limits of the 100 -year flood and
500 -year flood. This means that no development will be occuring
within the 100 -year flood prone area.
SOILS
There are three types of soil cover on the project site. They are
Arzell fine sands, Keri fine sands and Pompano fine sands.' The
distribution of these soil types is shown on Map E.
VEGETATIVE COVER
A breakdown of the vegetative cover of the project area is as
follows, see Map F for detailed distribution:
KEY
VEGETATION COMMUNITY
ACREAGE
Al
Pineland
9.1
A2
Transitional Zone Pine i Cypress
6.5
B
Saw Palmetto /Rusty Lyonia
5.7
C
Transitional Zone /Cypress
29.4
D
Saw Palmetto /Rusty Lyonia
3.7
E
Functional Wetland
9.4
F
Transitional Zone /Cypress
1.2
CP
Cabbage Palm Heads
0.5
-3-
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�u M Melaleuca 1.4
FPL Cleared and Filled Land 2.5
Total 69.4
There are no unique features of the vegetation. All species and
iiiociations are "typical" for soil types common to pine flatwoods
a.,. of level' sandy areas of Collier County.
WILDLIFE
Wildlife, observed or noted from tracks, nests, etc. consisted of
�,v the representative species, such as raccoon, snakes and wading
birds, which normally occur in a habitat such as the Toll Gate
Commercial Center site.
i' No endangered or threatened species were observed on the site.
I,
HISTORICAL OR ARCHAEOLOGICAL SITES
i John Beriault, Field Representative of the S.W. Florida Archaeo-
logical Society, searched for such sites and believes none exist on
14 the tract.
WASTEWATER MANAGEMENT
On -site treatment of wastewater flows will be provided by an
w extended aeration plant designed and constructed to State of
` Florida, Department of Environmental Regulation criteria. The
;• plant will be designed to handle peak flows for both phases.' Pro -
visions will be made in the design to handle the high BOD levels
expected. Grease traps will be installed where necessary.
WATER MANAGEMENT
,..
The Water Management 'Plan, see Map G, consists of two drainage sub-
basins divided by the Florida Power and Light easement. The pro-
posed drainage system will be designed to SFWMD and County
ciiteria. Minimum road elevations and discharge control will be
designed for the 25 -year 3 day rainfall event. The finished floor
elevations will be established by the 100 year -zero discharge de-
Ki.•:
sign event.
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WATER SUPPLY
Potable water will be supplied by the Collier County Water -Sewer
District.
Non- potable water will be supplied for landscape irrigation and
other non human consumptive uses by an on -site well system.
is SOLID WASTE
4.
Solid waste will be disposed of at the Collier County Sanitary
Landfill. Collection will be provided by commercially operated
trucks; anticipated pickup will be two times-per week.
ELECTRICITY
Electricity will be provided by the Florida Powers Light Company,
' Inc.
POLICE PROTECTION
c' Police. protection will be provided by the Collier County Sheriff
'. Department.
� FIRE PROTECTION
Fire protection will be provided by the Golden Gate Fire Control
and Rescue District.
TELEPHONE
Telephone service will be provided by United Telephone of Florida.
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SCHEDULE OF DEVELOPMENT
Project development will commence as soon as all required permits
have been obtained and will continue to build -out.
The following schedule indicates 'the 'anticipated start and
'completion dates for the various components of the project, please
refer to Map H.
BOOK P51 PAGE 41
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t OF
COMPONENT
ACREAGE
SITE
START
COMPLETE
Parcel A -1, A -2
16.4
23.7
1985
1987
Lake 11, Incl.
Natural Retention Area
3.0
4.3
1984
1986
Road Construction
4.3
6.2
1984
1986
F.P.L. Easement
3.6
5.2
-
-
Parcels S -1, 8 -2, 8 -3
22.5
32.4
1986
1990
Lake 92, incl.
Natural Retention Area -
•.11.6
-- •16.7
1984
1986
Wastewater Treatment Site
3.0
4.3
1984
1987
Natural Flow Way
5.0
7.2
1984
1987
Totals
69.4
100
BOOK P51 PAGE 41
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USE REGULATIONS FOR PARCELS A -1 AND A -2
1) Intended use of Parcels A -1, A -2.
It is the intent of this document that Parcels A -1 and A -2 be
used for commercial purposes which serve the motoring public
using Interstate I -75 as well as providing limited commercial
goods and services of an areawide nature for the Naples, Marco
Island, Golden Gate and the Immokalee urban areas.
Further it is the intent of this document that Parcels A -1 and
A -2 shall be used in accordance with all current federal, state
and county regulations except as specified otherwise in this
document by the Collier County Board of County Commissioners.
2) Permitted Principal Uses and Structures
No building or structure, or part thereof, shall be erected,
altered or used or land or water used, in whole or in part for
other than the following:
(1) Automobile service station including engine tune -ups and
minor repairs.
(2) Banks and financial institutions, business and
professional offices.
(3) Cocktail lounges and commercial entertainment.
(4) Convention and exhibition halls.
(5) Department stores; drug storeaf dry cleaning shops and dry
goods stores.
(6) Electronic games and furniture sales.
(7) Ice cream shops and dairy drive -in stores.
(8) Motels; hotels and other transient lodging facilities.
(9) Research and design labs; restaurants and fast food
restaurants.
(10) Shopping centers (see Section 10.5 of Ordinance 82 -2).
-7-
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104K 051 PAGE 43
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(11)
Souvenir stores and stationery stores.
�.,
(12)
Supermarkets
(13)
Variety stores; vehicle rental - automobile and U -haul type
of vehicles and equipment including outside display;
veterinary offices and clinics; no outside kennelling.
+.
(14)
Any other commercial or professional service which is
comparable in nature with the foregoing uses and which the
}'�
Planning -implementation Director determines to be
compatible in the district.
is
3) Permitted Accessory Uses and Structures
(1)
Any accessory uses or 'structures customarily associated
with the permitted principal uses and structures.
(2)
Caretakers .residence - as permitted by the applicable
Ito
Collier County zoning Ordinance in effect at the time a
permit is requested.
4) Permitted Provisional Uses and Structures
i
(1 )
Car -Wish ' • :..
(2)
Attached residence in conjunction with a business use -
�..
4,`
:one (1} per business.
1
(3)
Permitted uses with less than 1,000 square feet gross
_
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floor area in the principal structure.
5) Development Standards
alp
(1 )
.'Minimum Lot Area:' Ten thousand (10,000) square feet.'
.
(2)
Minimum Lot width: One hundred (100) feet as measured at
the front building setback line.
r
i
(3)
Minimum Yard Requirements:
a. Front Yard - Twenty -five (25) feet plus one•(1) foot
for each two (2) feet of building height over fifty
(50) feet.
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b Side Yard None or a minimum of five (5) feet with
unobstructed passage from front to rear yard for non-
residential uses. Fifteen (15) feet for motels,
hotels and transient lodging facilities plus one (1)
foot for each two (2) feet of building height over
fifty (50) feet.
c. Rear Yard - Twenty -five (25) feet
d. Waterfront - Twenty-five (25) feet from the normal
water line of any artificially created body of water,
excluding observation decks, bridges and walkways.
(4)
Maximum Height: One hundred (100) feet
(5)
Minimum Floor Area of Princieal Structure: One thousand
(1,000) square feet per building on the ground floor.
(6)
Maximum Density Twenty-six (26) units per gross acre of
an for ore s, motels or transient lodging facilities.
(7)
Distance Between Structures - Same as for side yard set-
backs.
(8)
Signs As may be permitted or required by the applicable
Collier County Zoning Ordinance in effect at the time a
permit is requested.
(9)
Minimum Off-Street Parkina and Off-Street LoadL
Requirements. As may 'De permitted or require
e y- the ap-
p Collier County Zoning Ordinance in effect at the
time a permit is requested.
(10)
Minimum Landscaping Requirements: As may be permitted or
required by the applicable Collier County Zoning Ordinance
in effect at the time a permit is requested.
(11)
Outside Merchandise Storage and Displaying: Unless
specifically permitted ror a given use, outside storage or
display of merchandise is prohibited.
100K 051 PAGE 44
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USE REGULATIONS IN PARCELS 0-1, B -2 AND B -3
' 1) Intended use of Parcels B -1', 9-2 and B -3.
It is the intent of this document to encourage selective
commercial uses in Parcels 8 -1, B -2 and 9-3 to provide the
sale, service, transportation, storage and distribution of
goods and service to the -traveling public on 1 -75 and to the
citizens of the area which can be served via the access road
x. systems.
A major function of these Parcels is to serve as a focal point
for the arrival of goods from other points of 'the region and
country and then be processed for distribution to the local
trade market.
;r
':. It is-intended that inside storage and warehousing along with
limited assembly and manufacturing wholly within a building and
�,.,. Y 9 Y 4
not obnoxious by reason of emission of odor, fumes, dust,
smoke, noise or vibration be permitted on Parcels B -1, B -2, and
B -3.
Further, it is the intent of this document that Parcels B -1,
B -20 and B -3 shall be used in accordance with all of the
current -federal, state and county regulations except as
specified otherwise in this document or as may be approved
otherwise by the Collier County Board of Commissioners.
2) Permitted Principal Uses and Structures
No building-•or'stiucture, or part thereof, shall be erected,
altered or used, or land or water used, in whole or in part of
other than the following:
(1) 'Any principil•use or structure permitted on Parcels A -1
s,. and A -2.
(2) Assembly operations in'an enclosed building.
(3) Building supplies and contractors storage facilities= bulk
storage yards not including junk or salvage yards.
(4) Car wash, communications service and equipment repair.
(5) Freight movers and storage.
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(6)
Laboratories,•reseerch, design and testing; laundries;
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lawn maintenance shops and plant nurseries; light
y
manufacturing or processing (including food processing but
not abatoir: packaging or fabricating in a completely
enclosed building).
(7)
Miscellaneous uses such as express office, telephone
exchange; motor or bus or truck or other transportation
terminal and related uses; motorcycle sales, service and
repair including outside display: museums and tourist
attractions.
I ^y,
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(B)
New and used car sales, service and repair including
outside display.
c:
(9)
Offices, general purpose.
l:
(10)
Recreational Vehicle Park.
v
(11)
Warehousing, wholesaling, storage and distributing—
establishments and similar uses.
a
(12)
Any other commercial or professional use which is
comparable in nature with the foregoing uses and with the
foregoing uses and which the Planning Implementation
Director determines to be compatible in the district.
3) Permitted Accessory Uses and Structures
(1)
Any accessory uses or structures customarily associated
with the uses and structures.
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4) Permitted Provisional Uses and Structures
;=
(1)
Attached residence in conjunction with a business - one
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(1) per business.
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(2)
Permitted use with less than 1,000 square feet gross floor
areas in the prinicipal building.
S
5) Development Standards
(1)
Minimum Lot Area: Ten thousand (10,000) square feet.
c.
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(2)
Minimum Lot width: One hundred (100) feet as measured at
the front building setback line.
(3)
Minimum Yard Requirements:
�
a. Front Yard - Twenty-five (25) feet.
b. Side Yard - None, or a minimum of five (5) feet with
unobstructed passage from front to rear yard for
t.
non - residential uses. Fifteen (15) feet for hotels,
•
motels and transient lodging facilities plus one (1)
foot for each two (2) feet of building height over
fifty(5O) feet. Attached residences shall be treated
as non - residential.
`
C. Rear Yard - Twenty -five (25) feet.
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d. Waterfront - Twenty -five (25) feet from the normal
level of any artifically created body of water,
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excluding observation decks, bridges and walkways.
(4)
Maximum Height: One hundred (10O) feet.
id.
(5)
Minimum Floor Area of Princi al Structure: One thousand
) square feet per building on ground floor.
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(6)
Maximum Density: -Twenty-six (26) units per gross acre of
land tor Hotel, motel and transient lodging facilities.
(7)
Distance -Between Structures: Same as for side yard
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setbacks.
(6)
�Si �nsns: 'As-may be 'permitted or required by the applicable
Collier County. Zoning Ordinance in effect at the time a
.
permit.is requested.
(9 )
Minimum Off- Street Parking �Off-Street Looaad_i�n _
Tte airements: AS may De permitted rrquireoSyy the
applicable Collier county Zoning Ordinance in effect at
the time a permit is requested.
(10)
Minimum Landsca in Re uirements: As may be required by .
the applies e o ier County Zoning Ordinance in effect
at the time a permit is requested.
(11)
Merchandise "Storage and Display: unless specifically
permitted oF"r a given use, outside storage or display of
merchandise is prohibited.
I
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MASTER PLAN APPROVAL
Subdivision Master Plan approval as shown on Map H is requested as
part of this PUD submittal.
APPROVAL'STIPULATIONS
y I. Water Management Advisor Board reviewed this
g y petition and re-
commended commended approval subject to'the following stipulations:
1. Detailed site drainage. plans shall be submitted to the
Water Management Advisory Board for review. No con -
,,, struction permits shall b e issued unless and until approval
of the proposed construction in accordance with the sub-
mitted plans is granted by the Water Management Advisory
Board.
2. An Excavation Permit shall be required in accordance with
_> County Ordinance No. 80 -26, as amended by Ordinance No.
83 -3, for construction of the two retention lakes.
3. On -site and off -site groundwater conditions shall be
further investigated as they relate to historic local
drainage patterns and the Henderson Creek Basin.
r'
4. Developer shall recognize that this area is subject to
flooding and will proceed with construction at own risk and
acknowledge that Collier County will not be held re-
ii sponsible for any flooding problem that may occur.
II. TRAFFIC: The Traffic Engineer has the following
i recommendations:
Subject to FDOT approval, the developer shall provide the
following:
1. A southbound left turn lane on C.R.. 951 at S.R. 64 be-
fore any certificates of occupancy are issued.
ti
• 2. A future dual southbound left turn facility on C.R. 951
at S.R. 84 when deemed warranted by the County
Engineer.
3. Separate lanes for left turns, right turns and through
traffic movements on the westbound approach of S.R. 84
to C.R. 951.
4. The developer agrees to pay a fair share contribution
,� in accordance with any lawfully adopted regulation ap-
plicable to this property.
-13-
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100K 051 PAGE 4$
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*, MEMORANDUM
x DATE: 1n1y 27__10
1'o- inn Ahw,• Pinn r.npiw•+.n�,�tnn Nw� * - - - -- F(tQ(vS: T 1 ■w.'s nn 11"1" 409
we
'+ Administrator
j: RE: Petition R- 83 -18C. DRI- 83 -2C. Toll Cate
Commercial Center. S 35- 49 -26E
We have reviewed the rUD and DRI documents for the project
referenced above and have no objection to the rezone as requested.
u, However, we require the following stipulations as a condition to our
recommendation for approval:
1) The items listed in Attachment Ho. 1.
2) We require a written Agreement with the owner of the project.
legally acceptable to the County Water -Sevar District. stating that:
a) The proposed on -site wastewater treatment facilities to be
constructed as part of the proposed project must be regarded
as interim; it shall be constructed to State 6 Federal
{ standards and be owned, operated and maintained by the owner,
i his assigns or successors until such time as the County's
t:: Central Sever Facilities are available to service the project.
f +} b) - Upon connection to the County's Central Sever Facilities,
the Owner, his assigns or successors shall abandon, dismantle
and remove from the site the interim savage treatment
'i facility. All work related with this activity shall be
performed at no cost to the County or the County Water -Sever
District.
c) Connection co the County's Central Sever facilities will
be made by the owners, their assigns or successors at no cost
to the County or to the County Water -Sever District within 90
' days after such facilities become available.
tti,
7.. d) All Construction plans and technical specifications
i related to connections. to the County's Central Sewer
facilities will be submitted for review and approval prior to
commencement of construction.
e) The owners, their assigns or successors shall agree to pay
�• all system development charges at the time that Building
Permits are required, pursuant to appropriate County
Ordinances and Regulations in effect at the time of Permit
request.
3) Any items within the PUD i DRI documents which conflict with
above listed stipulations must be revised accordingly.
4) As stated in the PUD b DRI•documants, this development plans to
obtain potable water service from the Collier County Regional
-.14-
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ATTACHMENT NO. I - UTILITY DIVISION POLICY STIPULATIONS
1) All construction plans and technical specifications for the
proposed Utility Facilities must be reviewed and approved by
the Utility Division prior to commencement of construction.
2) All on -site and off -site Utility Facilities constructed by the
Developer in connection with rho DevelopmenL shall be
constructed to County Standards at no cost to the County and
shall be deeded to the County Hater -Sewet District. is
accordance with applicable County Ordinances and Regulations.
3) All customers connecting to the sanitary sever and water
distribution facilities will be customers of the County
Water -Sever District and will be billed in accordance with a
rate structure approved by the County. Review of the proposed
rates and subsequent approval by the board of County
Commissioners must be completed prior to activation of the
collection /transmission system and wastewater treatment
facility servicing the project. Rate reviews must be in full
compliance with County Ordinance No. 76 -71 as amended, revised
or superseded.
4) All construction on the proposed sanitary sever system shall
utilize proper methods and materials to insure water tight
conditions.
S) Appropriate Utility Easements dedicated to the County
Water -Sever District must be provided for the proposed Water
and Sever facilities to be constructed, when they do not lie
within public rights- of-vsy or Utility Easements.
6) Data required under County Ordinance No. 80 -112 must be
submitted and approval granted prior to approval of the
construction documents for the project. Submit a copy of the
approved DER permit application for the savage collection and
transmission system and a copy of the approved DER permit
application and construction permit for the wastewater
treatment facility to be utilized.
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STATE OF FLORIDA )
COUNTY OF COLLIER j
I, JAMES C. OILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
1Y.
. hereby certify that the foregoing is a true copy of:
Ordinance No. 92 -10
which was adopted by the Board of County Commissioners on
the 11th day of February, 1992, during Regular Session.
WITNESS my hand and the official seal of the Board of
k County Commissioners of Collier County, Florida, this 12th
day of February, 1992.
Iti�''tY
r 6/25/2013 17.C.
;1U
JAMES C. (3ILES �� ..... r�
Clerk of Courts and Cler„(C'.• +'•. •,
Ex- officio to Board o!r`.
County Commissioners
By: /s /Ellie Hoffman 17
Deputy Clerk nVIMI
Soar 951 PAGE 59
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6/25/2013 17.C.
a DEVELOPMENT ORDER 92 t_
RESOLUTION NUMBER 92- 100
A RESOLUTION AMENDING DEVELOPMENT ORDER 84 -1
"`• OF THE TOLL GATE COMMERCIAL CENTER
DEVELOPMENT OR REGIONAL IMPACT (DRI) BY
PROVIDING FOR: SECTION ONE A AMENDING THE
TRANSPORTATION COMMITMENTS; SECTION ONE B
ADDING DRAINAGE /WATER QUALITY /WETLANDS
COMMITMENTS; SECTION ONE C ADDING WASTEWATER
MANAGEMENT /WATER SUPPLY COMMITMENTS; SECTION
ONE D ADDING HOUSING REQUIREMENTS; SECTION
ONE E ADDING GENERAL CONSIDERATIONS; SECTION
ONE F ADDING PUD DOCUMENT; SECTION ONE G
DELETING UNTITLED SECTION 4.D; SECTION ONE H
AMENDING THE TERMINATION DATE; SECTION ONE I
ATTACHING THE MASTER PLAN; SECTION TWO,
FINDINGS OF FACT; SECTION THREE, CONCLUSIONS
OF LAW AND SECTION FOUR, EFFECT OF
PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County,
r� is
Florida approved Development Order 84 -1 on January 17, 1984, which
approved a Development of Regional Impact (DRI) known as Toll Gate
a' Commercial Center; and
WHEREAS, the Application for Development Approval (ADA) was
incorporated into and by reference made a part of the Development
Order; and
d WHEREAS, the real property which is the subject of the Devel-
opment Order is legally described and set forth in Exhibit "A" to the
is Development Order; and
s,.. WHEREAS, the owners of the DRI property desire to expand the DRI
area; and
WHEREAS, William R. Vines, representing Toll Gate Commercial
V".
Center,
petitioned the Board of County Commissioners of Collier County,
Florida, to amend the Develop nt Order; and
WHEREAS, the Collier County Planning Commission has reviewed and
'considered the report and recommendations of the Southwest Florida
'M Regional Planning Council (SWFRPC) and held a public hearing on the
Petition on January 2, 1992; and
WHEREAS, the Board of County Commissioners Of Collier County has
reviewed and considered the reports of the SWFRPC and the Collier
County Planning Commission and held a public hearing on the petition on
y' boor U51 PALE 60
Words 1Jnder1JM" are added; Words strnek- through are deleted.
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«.; January 14, 1992, which hearing was continued to January 28, 1992;
NON, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
4
1' SECTION ONE: AMENDMENT OF DEVELOPMENT ORDER
A. Section 4.C.3., Transportation, of Development Order 84 -1 for
the Toll Gate Commercial Center is hereby amended to read as follows:
r 3. TRANSPORTATION:
.�,�,� �rnnaportnt #en- genernted -bY- Tel }- 8ete- eemmnre #e }- HenterT
'' when -- combined-- x #th -- ether-- grexth - - #n -- the-- nrenT -x } }}
necessitate ---- intersection ---- improvements ---- at ---- the
#nterseet #en- -ef-eR -954 -- end- SR- 84T --- Other-improvements
may -- also-- be-- required- •-as -- determined- by-- a- men#ter#ng
pregromr
Reeemmendet#enst
a: the - -eppl #cant -- she #1 - -be -raga #red = -te -pnY -- for -tke
?. a #gnu # #=nt #enT -- tarn - }ones - -nnd- ether -- improvements
' deemed- neeeaear7 -b7- the - eenntY -£ng #Weer- er -FHO'P -for
the - #nterseet #en - of -eR- 953 ^x #th- eev #a- Healarerd - {SR
84 }r--- �heae- improvements - shell -be- made -nt- the -t #me
thnt-- this -# nterseet #en -#s- fennd- te- exannd- level -ef
aary #en -- neeT-- Servlee- #ova #- dsterm #net #en - aka # # -ba
made - -by -- either -- the-- eell#er -- eenntY -- Engineering
Bepartment --er- PBOTr --- To- th #s- -endT- the -- applicant
shall-- anbm #t- nn-- nnnnal- men #ter #ng -- report -te- -the
Ba n ker-- eeunt7- Engineering - Department? -- the - Naples
{ee }l #er -- eenntY }- MrPrOTT-- FBO�r -- end - the- eeathxest
Pier #de -- Reg lone}- Plenn #ng- eeune #1 -for- rev #exr - -�Phe
f #rst -- men} ter #nq - report - shell- be-- aabmltted -at -the
time-- ef-- #asaanee - -ef -- the -- first- Bert #f#entea - -ef
oeeupaney- for - Fell - eate- eemmerelai- eentery -- Reports
shall-- be -snbm #tied- nnnanll7- ant #l-- balldeat- of -tke
projeetT --- Th #s- report- shall- eenta #n- treff #e- eeanta
taken - -at- the- aeeess- pe#nts -to- the -a#te- and- turning
movements -at- the- eR- 951tSR -84- #nterseet #enr
br Meniter #ng -- Bevis- Benlevard - -te -- determine - #ta -need
for -- fear -lnnes -shah- beg #n -- with- Pheae- it - -At- -the
time -that- the - pert# en -ef- env #s- Henlevnrd- from -Radle
Reed -- to -eR- 954 - #s- fennd -te- exceed - level -ef- service
eee - - {bY- the - collier- eoantY - -£ng #Weer #ng- 8epartment
er-- FBe'P };- the -nppl #cant- shell -be -raga #red -te -pnY -n
proportional -- share -ef- -the -- cost -ef- Ewe - -loll -rend
eonatraet# enT-- cxelad #ng- right-- ef-- waYT- threngk -nn
areex# de-- fand# ng-- pregrnmr--- 4h #s -- shore-- will - -be
determ #Wed - -nt -- the-- t #me- ef-- fal } -ba #}dent -- of -thn
prejeetT - -te -- the -- tote} -- volume - -ef- the-- profeeted
traff #e- nleng- the- rendxaYr
ar ht °the- t #me- -thnt- the -- eenntY - Engineer-- daterm #Wes
that -eR -954- from- l- �5 -te- Hnv #s- Bealevard- {6R- 84� - #s
fennd- to- exeeed- level- ef- servlee -leer- the- applleant
shell - -be -regal red -te -- pnY- e- prepert #enel -- share -ef
the -- cost - of -txe -lone- reed-- censtraetlenT- exelad #ng
r# ght- ef- xnY--- threngh- en- ereexlde- fanding- pregremr
the-- npplleentjs -- share-- shenld - -be -- determined - -es
entlined- in- Reeemmendntlon -br
Alternatives: toot 051 ?ASE 61
Impact Fees: r�if Since Collier County bAA adopts
A + -2-
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adopted an impact fee for development, this fee can
be substituted for the proportional payment
outlined below. to the extent— aithorized by the
terms of the imnact tee ordinance in -- -the
recommendations. Any external road improvements
already paid for should be credited towards the
overall tee charged the applicant.
CR 95/1 -75 ramps
SR 84 (Davis S1vd.1 /CR 951
-3-
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Packet Page -1497-
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6/25/2013 17.C.
SR 84 (Davis Blvd.)
- Radio Rd. (CR 856) to CR 951 Ifiden to 4L
CR 84
CR 951 to project west entrance Widen to 4L
CR 951
Vanderbilt Beach Rd. to Pine Ridge
Rd. (CR 8961 Widen to 4L
Rattlesnake Hammock Rd.
- County Barn Rd. to CR 951 Widen to 4L*
Santa Barbara Blvd.
-__SR 84 (Davis Blvd.) to Rattlesnake
Hammock Rd. Widen to 6L*
Vanderbilt Beach Rd.
�t - Airport Rd. (CR ]1) to CR 951 Widen to 4L*
S�Dr 4351PAG� 63 Radio Rd. (CR 856) '
Kings Way to Santa Barbara Blvd. Widen to 6L*
* or reclassify__ from a_ collector to an arterial at
-4-
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Packet Page -1498-
6/25/201317.C.
the existina lane configuration.
Sty. The applicant shall be subiect to the Concurrency
Manaaement System of the County as set forth
herein
PL. Development Order options may be considered by
Collier County and the applicant to the extent that
the options provide adeauate commitments for
iinyrovements indicated above to
mianificantly- impacted regional roadways and
intersections. Whatever options are exercised,
however, should be done with the understanding that
the following conditions shall be met:
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6/25/2013 17.C.
B. Development Order 84 -1, for the Toll Gate Commercial Center
is hereby amended by adding Section 4.D entitled Drainage /Water
quality/Wetlands to read as follows:
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EL At the time of application for a modification to
the existing District permit. a detailed z)lan for
hazardous material handling and emergency response
Will be required to be provided to District and
Collier Countv staffs,
E,. The applicant shall undertake a rectularly scheduled
Vdcuum sweeping of all internal streets and narkina
facilities. to be incorporated as a best management
practice.
If the development should in the uture. 'utilize
reclaimed wastewater for irrigation purposes, the
applicant shall ensure that the „mite preserved
and created wetlands, ponds and the surface water
management system are adeauately buffered from
possible effluent contamination,
HL All protect construction shall take place away from
proposed buffers, the onsite wetlands and dry
detention areas, so as not to affect the intended
function of the surface water management_ system.
Mc 051 PAGE 67
Words underlined are added; Words struek- through are deleted.
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ZL. The operation of the Toll Gate surface Water
i` Management System is dependent upon the Henderson
W' Creek Watershed for an outlet. Therefore, a final
a•
_surface Water Management Plan for the project shall
demonstrate that the system is designed in
accordance with existing design parameters for the
Henderson Creek Watershed,
Tyj The applicant shall participate in any on -going or
future efforts by Collier County to establish a
Cc ntywide surface water management system.
I L Best Management Practices and monitorina and
maintenance of the surface water management system
shall be implemented by the applicant in accordance
with District guidelines
L, All-internal-surface igater management systems shall
be set aside as private drainage easements, coMMon
areas. preserves, or shall be identified as
specific tracts on the recorded final plat_
IL The applicant shall confirm to the satisfaction of
all federal, state, and local review and permitting
agencies, and the South Florida Water Management
District, that the proposed water management system
will not impact habitats of any state or federally
listed plant and /or animal species occurring
on site, or that such impacts will be mitigated to
the benefit of onsite populations of those species.
IL The above conditions shall supersede any conditions
r,=tained within the original Toll Gate Development
order which are inconsistent with the above
conditions, Any conditions contained within the
original development order which are consistent
i
with the above conditions shall remain in force_
O,. All commitments made by the applicant within the
Substantial Deviation Application are attached as
Exhibit "B" and subseauent sufficiency 'round
information. related to Question 22 (Drainage) and
not in conflict with the above recommendationam_ s
hereby considered to be part of this Development-
Order,
g,. The applicant shall describe the status of
conditions and mitigation actions reauired by FDER
and USACOE permits for wetland impacts. within each
annual report_
C. Development Order 84 -1, for the Toll Gate Commercial Center
is hereby amended by adding Section 4.E. entitled "Wastewater
i•:: Management /Water Supply" to read as follows:
WASTEWATER MANAGEMENT /WATER SUPPLY
For the purpose of potable water conservation. Toll Gate
Commercial Center shall utilize low water use plumbing
fixtures. self - closing and /or metered water faucet` and
other water conserving devices.
2, For the purpose of non - potable water conservation. Toll
Toll s v
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12.,. The lowest Quality of water shall bo utilized for all
` non- notabla water uses
14.A.
D. Development Order 84 -1, for the Toll Gate Commercial Center
is hereby emended by adding a new Section 4.F. entitled "Housing" to
i' ,read as ' follows:
r
E. Development Order 84 -1 for the Toll Gate Commercial Center is
hereby amended by adding a new Section 4.G. entitled "General
�y .Considerations" to read as follows:
'-. boot 0,51 PAGE 70
• -il-
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If the local government. during the course of monitoring
the development._ can demonstrate that substantial
changes in the conditions underlying the approval of the
F. Development order 84-1 for the Toll Gate Commercial Center is
hereby amended by adding a now Section 4.H. entitled "PUD Document" to
j�..read as follows:
IL P.U.D. DOCUMENT
The approved Toll Gate Commercial Center PUD Document as
the same may be officially modified from time to tire.
is hereby incorporated and attached hereto as Exhibi
5 PAGE U
0
-12-
Words Underlined are added; Words struek-threegh are deleted.
Packet Paae -1506-
6/25/2013 17.C.
G. Section 4. D of Development Order 84 -1, for the Toll Gate
commercial Center is hereby deleted in its entirety as follows:
!' Hr eemm#tmenta- -spec #fled - #n- the - PUB-- erd #nenee -es- set - forth - - #n
Exhibit- -A -- attached -- herete -- and-- by- referenee -- made -a- -pert
thereof- and- as- fellewat
��,' it Beta # }ad -- a #te - dye #nagn -p lama - skull- be - -aubm #tied -te -the
{.
Water --- Management -- Adv #aerY - -- Beard - -- far -- rev #ewr - - -He
eenatrnet# en-- perm# ta- ahal } -be -- issued- nnleas -and- -ant #�
epprevel -ef- the- prepesed- eenatraet #en- #n- eeeerdance -with
the -- submitted - plans - #s- granted -by -- the - Water- Management
Advisory- Beardr
Qr Ah-- Excavation - Permit -- shall- be - -required- #n-- accerdanee
with- eonnty- era#nanee- Ner- 88- 86T -na- amended -by- ordinance
Ner- B3 -3T- far- eenatraet #en -ef -the- two - retest #en- lnkear
3r on- -a #te- and -- off-- a #te- grenndwater- Bond #t #ens -- shall -be
farther -- invent #gated -as- they - -re }ate- to- h#ater #e- -leeal
drn#nnge- patterns -and- the - Henderson - ereek- Basinr
4r The -- developer- shell- reeegn#ee- that- thin- eree - #a- subject
to -- flooding- and- w# ll-- preeeed- with- eanstruet #en - -at -its
awn-- risk - with - knowledge- that- eeil #er- eeunty -will- net -be
held-- reapens #ble -- far- -nnY -- Heed #ng -- problem - that - -meY
eeenrr
5T subject-- te- FOOT- apprevnlr -- the - developer - shall -- provide
�,.• the - fellow #nqr
ar A-- aenthbennd -- left - -tarn- lane-- en- eR- 45i-- et -sR -84
! before -nn7- Bert #fieatea- ef- eaenpanar- ere- #aanedr
:. b: A-- future -- deal -- aenthbennd - left -- tarn - fee #� #t7 - -en
eR- 954- at -SR-84 -when- deemed - warranted -by- the- eeunty
Enq#neerr
er separate -- lanes -- far -- left- tarnaT -- right - torus- -and
threagh- treff #a- mevementa -on- the- weatbennd- eppreach
ef- 6R- 84- te- eR -954r
dr The --- developer -- agrees --- te -- pay --- e-- fa #r --- share
contribution --- #n-- aeeardanee -- with --- any -- lawfully
edepted- requint# en- appl#eeble- to- thin- prepertyr
6r 4he-- Ut # } #tY- B #v #a #enjs- at #pnlat #ens -ea- found- #n- £xh #b #t
% eT- nttaehedr
H. Section 7 of the Development Order 84 -1 for the Toll Gate
Commercial Center is hereby amended to read as follows:
That this Order shall remain in effect for- a-- per#ed -ef -ten
{48 }- Years- from- the- effeatfvn- date- ef- th #a- Heve }ep�nent- 8rder:
until December 31, 1997, Any development activity wherein
plans have been submitted to the county for its review and
approval prior to the expiration date of this Order, may be
completed, if approved. This Order may be extended by the
Board of County Commissioners on the finding of excusable
delay in any proposed development activity.
1. A Master Development plan dated January, 1991 is attached
hereto as Exhibit "C" and by reference incorporated herein.
-13- MC 0,51PAGE 72
Words Underlined are added; Words struck- threugh are deleted.
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SECTION TWO: FINDINGS OF FACT
A. That the real property which is the subject of the
Substantial Deviation ADA is legally described as set forth in Exhibit
-•,A, attached hereto and by reference made a part hereof.
B. The application is in accordance with Section 360.06(19),
a:
Florida Statutes.
C. The applicant submitted to the County a Substantial Deviation
ADA and sufficiency responses known as composite Exhibit B, and by
�yf+ reference made a part hereof, to the extent that they are not
a
inconsistent with the terms and conditions of this Order.
D. The applicant proposes the development of Toll Gate
Commercial Center on 100.24 acres of land for commercial, industrial
and residential tourist uses.
E. The proposed changes to the previously approved Development
Order are consistent with the report and recommendations of SWFRPC.
' }F F. A comprehensive review of the impact generated b y
the
proposed changes to the previously approved development has been
conducted by the County's departments and the SWFRPC.
Y,
G. 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.
3" SECTION THREE: CONCLUSIONS OF LAW
}` A. The proposed changes to the previously approved Development
qtr O ;der 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 Substantial Deviation ADA, the Substantial
-vi Deviation Sufficiency Report, and the Substantial Deviation Second
Sufficiency Report which documents by reference are made a part hereof
as composite Exhibit B.
� B. The proposed changes to the previously approved Development
Order are consistent with the report and recommendations P ions of the SWFRPC.
C. The proposed changes to the previously approved development
will not unreasonably interfere with the achievement of the objectives
. BOOK 051 PACE 73
-14-
Words underlined are added; Words struek- through are deleted.
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!y of the adopted State Land Development Plan applicable to the area.
„. D. The proposed changes to the previously approved development
are consistent with the Collier County Growth Management Plan and the
Land Development Regulations adopted pursuant thereto.
SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER,
TRANSMITTAL TO DCA AND EFFECTIVE DATE.
A. Except as amended hereby, Development order 64 -1 shall remain
+"r in full force and effect, binding in accordance with its terms on all
parties thereto.
B. Copies of this Development Order 92 -1 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.
r' 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 Hasse offered the foregoing
' Resolution and moved for its adoption, seconded by Commissioner
Goodnight and upon roll call, the vote was:
AYES: Coamissioner Hasse, Ccxmd.ssioner Goodnight, Comaissioner Shanahan, Cocrissioner
Saunders and Cc=issioner Volpe
'- NAYS:
_:. ABSENT AND NOT VOTING:
Done`,this' -. 11th day of
C • /�: Y FaFw+wry , 1992.
ATTEST,: •�'• r.';'�i,'.� BOARD OF COUNTY COMMISSIONERS
GIBES; plerk C0T7TLI CO TY, FLORIDA
MICHAEL J V LPE, CHAIRMAN
'•.'APPROVED A A TO TO FORM AND
:.,,.LEGAL SUFFICIENCY:
-np.
MARJO E M. STUDENT
i_` ASSISTANT COUNTY ATTORNEY
Krr::
'DOA- 91- 2/nb/7120
sov 051 PAGE 74
-ls-
Words Underlined are added; Words struck - through are deleted.
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Exhibit A
LEGAL DESCRIPTION
Commencing at the southeast corner of Section 35, Township 49 South, Range
26 East, Colder County. Florida:
thence along the east line of said Section 35 North 10-56'-55" West 200.14 feet
to a point on the north right- of-way line of State Road 84 (Alligator Alley);
thence along said north right -of -way line, North 89•- 45' -D1" West 331.23 feet
to a point of intersection of said north right -of -way line of State Road 93 0-
75), and the POINT OF BECINNiNC of the parcel herein described;
thence continue along sold right -of -way line of State Road 84 (Alligator
Alley) on the following five courses:
1) North 890- 451-01" West 2398.611 feet:
2) South 890- 56' -16" West 1547.43 feet:
3) North 80•- 431-58" West 709.38 feet;
4) North 390- 52'-42" West 209.91 feet:
5) North 10•- 24' -33" West 109.94 feet to a point on the
East Limited Access, right -of -way line of State Road 93
(1 -75);
thence continue along said Limited Access, right -of -way line of State
Road 93 (1 -75) on the following nine courses:
1) North 30- 19' -52" East 285.34 feet:
2) North 230- 37' -28" East 149.83 feet:
3) North 64'- 12'-39" East 149.63 feet;
4) North 860- 37' -01" East 778.54 feet;
5) South 87•- S5' -12" East 318.82 feet;
6) South 780- 44' -38" East 318.32 feet;
7) South 74•- 091-17" East 1199.30 feet:
8) South 730-001-33" East 1904.96 feet;
9) 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 bears South 7S!- 35' -07" East 233.67 feet to the
north right -of -way line of State Road 84 (Alligator Alley); and
the Point of Beginning of the parcel herein described;
being a part of south 1/2. Section 3S, Township 49 South, Range 26 East,
Collier County, Florida:
subject to easements 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. Range 26 East,
Collier County,. Florida
Lass and except the East 100.00 feet thereof.
Containing 30.835 acres, more or less.
The entire project area is 100.235 acres.
Packet Page -1510-
soot 051 PAGE 75
COMMENCE at an iron pipe marking the Northeast Corner of sold Section
^;
2; thence North 89. 45' 01" West, 337.83 feet along the North line of
said Section 2 for a POINT OF BEGINNING; thence South 00. 02' 19"
East, 59.98 feet; thence South 89. 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. 4G' 16" West. 71.58 feet; thence North
01. 281 34" West, 705.25 feel to the Easterly Limited Access R/W Line of
G
S.R. 951 (Section 03175- 2409); thence South 10. 24' 33" East, 209.94
;.
feet; thence South 39. 52' 42" East, 209.91 feet; thence South 800 43'
58" East, 709.38 feet; thence North 89. 56' 16" East, 1,547.43 feet;
'
thence South 89. 45' 01" East, 2,396.67 feet to the Southerly Existing
Limited Access R/W Line of S.R. 93 (03175- 2409); thence South 00' 02'
19- East, 200.00 fed to Ow P01t4T OF BEGINNING.
Lass and except the East 100.00 feet thereof.
Containing 30.835 acres, more or less.
The entire project area is 100.235 acres.
Packet Page -1510-
soot 051 PAGE 75
- - 6/25/2013 17.C.
M
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LEGAL Dr.SI it '
Commencing at the southeast corner of Sorter. ., i t!• t !.,uth. FL L,
26 Mt. Collier County, Florida:
thence along the use line of said Section 35 Nt., n 1' .t 200.14 ft..
to a point on the north right- ol-way line of Sta.- R• R4 t:.itgfator Alley):
thence along sold north right -of -way tine. Plant •: - sty' -Ot" Wtat 331.23 feet
to a point of Intersection of said north right-of-w. • line of State Road 93 0-
751, and the POINT OF BEGINNING of the parcel t..,rgin described:
thenee cantinus along said right -cf -way brie of %late Read 84 tAll)gotor
Alley) on the following five courses:
1) North 891- 45' -Ot" West 2390.66 fact:
2) South D9•- 56' -16" West 1541.43 feet:
3) North 80•- 43' -58" West 709.38 feet:
41 North 39•- 52' -42" West 209.91 feet;
5) North 10•- 24' -33" West 209.94 feet to a point an the
East Limited Access, right -of -way line of State Road 93
11 -75):
thence continue along sold Limited Access, right -of -way line of State
Road 93 11 -751 on the following nine courses:,
1) North 3•- 19' -52" East 235.34 Feet:
2) North 231-37'-28" East 149.83 feet;
3) North 64•- 12' -39" East 149.83 feet;
4) North 861- 37' -01" East 778.54 feet:
5) South 871- 55' -12" East 318.82 feet:
6) South 78•- 44' -3D" East 313.32 feet:
7) South 74•- 09' -17" East 1199.30 feet:
8) South 731- 00' -33" East 1904.96 feet:
9) southeasterly 233,67 feet along the arc of a circular curve concave
to the northeast, having ■ radius of 115.2116 feet, subtended by
a chord which bears South 75'- 35' -01" East 233.67 feet to the
north right -of -way line of State Road 84 (AIIlgater Alley); and
the Point of Beginning of the parcel herein described:
being a part of south 112. Section 35, Township 49 South. Range 26 East,
Collier County, Florida;
subject to easements and restrictions of record:
containing 69.40 acres of fond more or less:
borings 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, Range 26 East,
Collier County, Florida
COMMENCE at-on Iron pipe marking the Northeast Corner of said Section
2: thence North 89. 45' 01" West, 337.13 fact along the North line of
sold Section 2 for a POINT OF BEGINNING: thence South 0O' 02' 19"
East. 59.91 feet: thence South 19. 57' 41" Wasl, 2,300.70 feet: thence an
a course traversing from said Section 35. South 19. 56' 02" West,
2,448.74 feats thence North 45' 46' 16" West, 71.58 test: thence North
01. 28' 34" West, 705.25 feet to the Easterly Limited Access R1W Line of
S.R. 951 (Section 03175 - 2409): thence South 10' 24' 33" East. 209.94
feet: thence South 39. 52' 42" East. 209.91 feet: thence South 10. 43'
SD" East, 709.33 feet: thence North 89' 56' 16" East. 1.547.43 feet:
thence South 89. 45' 01" East, 2,396.62 feet to the Southerly Existing
Limited Access R1W Line of S.R. 93 103115 - 24091: thence South 00. 02'
19" East, 200.00 fact to the POINT OF BEGINNING.
Less and except the East 100.00 feet thereof.
Contslning 30.335 acres, more or less.
The entire project area is 10D.235 acres.
1 Packet Page -1511-
&car 051PRSf '76
6/25/2013 17.C.
RESOLUTION NO. 13-
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- PL20130000494)
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- PL201.30000494 - 5/09/13
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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.
•
MR I
MINI 1610 z 1 F@1 '11 i . • •rrM r.:. 101 r
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.
:r. r
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second and majority vote, this day of
.2013.
ATTEST:
DWIGHT E. BROCK, CLERK
I- ,
Deputy Clerk
Approved as to form and legal sufficiency:
Heidi Ashton -Cicko
Managing Assistant County Attorney
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
C
GEORGIA A. HILLER, ESQ.
Chairwoman
Attachments: Exhibit A — Legal Description
Exhibit B — Zoning Verification Letter
13CPS- 01221 \6
Tollgate Sporting Goods Store
ZLTR- PL20130000494 - 5109113
2of2
Packet Page -1513-
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This instrument prepared by and
after recording, return to:
Leo J. Salvatore, Esq.
Salvatod & Wood, P.L.
4001 Tarrviami Trail North
Suite 330
Naples, Florida 34103
6/25/2013 17.C.
3bv457 OR; 3834 ru: lUbb
IICOIDID in OITICIIIL IICOIDS of CMU11 CMRI, IL
07/01/2005 at 10 :11U D110 1. IIOCI, CM
COLS 1250119.00
W T11 44.00
11D11IIG 2.00
DOC•.70 1755.60
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SILTH0II i 100D
4001 tlUial n 11331
I1 US 1134103 3060
RE— RECORDED TO INCLUDE ENTIRE LEGAL DESCRIPTION
WARRANTY DEED
THIS WARRANTY DEED, made this 30'" 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
COMMUNITIES, INC., a Florida corporation, whose post office address is 5672 Strand Court,
Suite 3, Naples, Florida 34110, ( "Grantee ").
WITNESSETH that Grantor, for r@ of the sum of Ten Dollars ($10.00),
and other good and valuable co and paid by Grantee, the receipt
whereof is hereby acknowledg granted, bargain sold to Grantee, and Grantee's
heirs and assigns forever, t o owin described land, itu e, lying and being in Collier
County, Florida, to-wit-
Tracts 29 and 30 of Tol a r ' n e 3 as recorded in Plat
Book 22, Pages 95 ro h 10 o th b e s C liier County, Florida;
LESS AND EXCEP r 9, described on Exhibit A
attached heret
Subject to those item forth on Exhibit a h to and incorporated
herein by virtue of this ce.
and Grantor does hereby fully wa t d will defend the same against the
lawful claims of all persons whomsoe E C�
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and
year first above written.
Sign sealed and delivered
iwi lresence of: , (�.
Witness No. 1 Signat�&e
Wit No. 1 Print ame
Hess No. 2 ignature
,,�Aj 4 l !_ 4,e so o /V'
Witness No. 2 Printed Name
Prolaw:22556
TOLL GATE COMMERCIAL
CENTER, a Florida general
partnership
By: TOLL GATE JOINT VENTURE,
a Florida general partnership, as
General Partner
By: (Corporate Seal)
TOLGATE, INC., a Florida
corporalp general Partner
By:
obert S. Hardy, as P pidident
Exhibit A
Page I
Packet Page -1514-
rdwQh
STATE OF FLORIDA
COUNTY OF COLLIER
6/25/2013 17.C.
OR; 3834 rv; cvo t
/OR; 3921 PG; 2386
The foregoing instrument was acknowledged before me this L� day of June, 2005 by
ROBERTS. 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.
G r
R05'*%� VALERIE J. STt)t.L Nota Public
y MY COMM M)N I OO 187665
Ott EWWS: Harr 30, 2W
t:00 t*MAW a
��4,�rre - StvCc
TYPE, prinW or stamped name of notary
My Commission Expires: LIIBO107
Prolaw:22556
�oF
G�
CIRCA
Exhibit A/
Page c;L of
Packet Page -1515-
Witness No. 1 Signature
Witness No. 2 Printed Name
6125/2013 17.C.
:'-�R,* 3921 PG: 2387✓
And
By: (Corporate Seal)
8476, INC., as General Partner
By: /jGQ -L7 �' fl
David G. Budd, as Vice President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was me this 2 day of June, 2005 by
DAVID G. BUDD, in his capacity esf INC., a Florida corporation, as
General Partner of TOLL GAT VENTURE, a eneral partnership, as General
Partner of TOLL GATE CO M E FI 'da eneral partnership, who is
personally known to me.
H e-�v
Eva&W301 LAGG
Typed, print o of notary : G
My Commis s' ires:
c=1
w
THE REMAINDER OF T ONALLY LEFT BLANK s b
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Prolaw:22556 -xM ;h t A
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Packet Page -1516-
Witness No Signature
- NW�
Witness No, 1 Printed Name
Witness. No. 2 Signature
WAISs l Ekd bcr
Witness No: 2 Printed Nam
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument
by CHARLES E. CANNON,
corporation, as General Part r
partnership, who is personal) kn
CJUUJ.IWAY
MY WMMOSKM OW2626
O
THE REMAINDER OF
tr CAAAd QAY
MYCONSOON"
M
W
EXPRES: OCT 28.2W7
Prolaw:22556
6/25/2013 17.C.
OR: 3834 ?G: mq
OR, 3921 PG: 2388
And
By: (Corporate Seal)
AMPCO INVESTMENTS
INCORPORATED, a Florida
corporation, as General Partner
By: Q�� )
Chade E. Cannon, as President
EZ CO
ge this Al day of June, 2005,
of Ampco ents Incorporated, a Florida
kTE COMME IA CENTER, a Florida general
- ,�
E-r
A\4
My Commis — res:
8� 0'k -00'%
Wu4 NALLY LEFT BLANK
4
ExWA
Pap—,11—of G
Packet Page -1517-
6/25/2013 W.C.
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
89 056'02" East along the north line of said Tract 29, a distance of 104.39 feet;
THENCE run South 00 003'58" 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 89 056'02" 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 comer of said Tract 29; THENCE run North 00 °03'58" West
along said west line, a distance of 188.00 feet; THENCE run North 37 028'53"
West along said west line, a distan 0 feet to a point on a curve of said
west line and the easterly 6 iiW@f ouse Drive, said curve being
concave northwesterly an ra i feet, a central angle of
34 005'32" and a chord n and distance of N °28'21" East, 49.83 feet,
respectively; THENCE run terly along sai cu e, an arc distance of
50.58 feet to the said oin of einnina. f`I
Exhibit A
page ,`5.of
—._ _ Packet Page -1518-
Exhibit B
Permitted Encumbrances
6/25/2013 17.C.
OR: 3834 ru: alu XXX
v/*** OR: 3921 PG: 2390 * * *✓
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 011, 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 o lic Records of Collier County, Florida.
4. Preliminary Developmen went as recor icial Records Book 1564, Page
871, of the Public Rec oilier County, Flori
5. Subject to easemen a d a as hown n e recorded plat of Tollgate
Commercial Center ha d g t the plat thereof as recorded
in Plat Book 22, Pa 9 i th bli C unty, Florida.
6. Resolution for crea ' t of ate F" ST District as recorded in
Official Records Boo Page 1838, of the bl' R c s of Collier County, Florida.
7. Ad valorem real estate or the year 2005 subsequent years, bearing Tax
Identification Numbers 76 8 (Tract 2 85100984 (Tract 30).
CIR
5
Praaw:22556 Exhibk A
page -fp of-Lo
Packet Page -1519-
Co��e�r CO-r�.'Ylt
y
G_ rr wth Management Division
Planning & Zoning Department
May 1, 2013
Stephen M. Bender
Bender Shooting, LLC
3775 7th Avenue NW
Naples, FL 34120
6/25/2013 17.C.
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
Staffs 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 Staffs 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
of,
Planning & Zoning Department • 2800 North Horseshoe Drive • Naples, FL 34104 •239 -252 -2400 • www.colliergov.net
Packet Page -1520-
6/25/2013 17.C.
Should you require further information or have any questions, please do not hesitate to contact
meat (239) 252 -4211 or fredreischl @colliergov.net.
Researched and prepared by: Reviewed by:
Fred eis hl, Senior Planner Raym d V. Bellows, Zoning Manager
Planning &Zoning Zoning Planning & Zoning
cc: Annis Moxam, Addressing Section
Laurie Beard, commitment Tracking
Packet Page -1521-
Exhibit B
.2. of „I
S
24D* Wednesday, June 5, 2013 D N A P L E S DA I LY 'NEW S
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, June 25, 2013, in the Board of County Com-
missioners meeting. room, Third Floor, Collier Government Center, 3299 East Tamia-
mi Trail, Naples FL, the Board of Zoning Appeals (BZA) will consider the enactment
of a Resolution. The meeting will commence at 9:00 A.M. The We of the proposed
Resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORI-
DA, AFFIRMING THAT A SPORTING GOODS STORE IS A COMPARABLE AND COM-
PATIBLE USE WITHIN THE COMMERCIAL PLAN DESIGNATED AREAS OF THE TOLL-
GATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT AS AUTHORIZED IN-
SECTION 3.3.A.(N) OF ORDINANCE 42 -10, AS AMENDED, THE SUBJECT PROPERTY IS
LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUN-
T Y
FLORIDA. (ZLTR- PL20130000494)
A copy of the proposed Resolution is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with,the
County manager prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on•any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to,speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written, materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All materials used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of
the proceedings pertaining thereto and therefore, may need to ensure that a ver-
batim 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 par-
ticipate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112-5356,1239)
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
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
June S-2013 No 1441031
Packet Page -1522-
6/25/2013 17.C.
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