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