Loading...
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 Packet Page -1425- 6/25/2013 17.C. 2) Owner Authorization 3) Ordinance 92 -10; Tollgate Commercial Center PUD 4) Resolution 5) Legal ad n I Packet Page -1426- 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 Packet Page -1427- 6/25/2013 17.C. 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 Packet Page -1428- 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 Packet Page -1429- 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 Packet Page -1430- 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 Packet Page -1431- 6/25/2013 17.C. 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 Packet Page -1"2- 6/25/2013 17.0 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 Packet Page -1433- 6/25/2013 17. C. 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 Packet Page -1434- 3, 10—*N (156 'YO) UN Annoo niT10o 5tM Packet Page -1435- �a 3 �i 3� b � o � 9 � � b r� 6/25/2013 17.C. a 0 0 owN O s ^zrn z OJ n LAJO w U o L tt J � m J a O o 3 0 3 � 8 a.-ee Yee w- eu -vv'mn cv` -z zi e Ye -ceSt fYke'eeo�oi e1 cep zi 9Lr -Cf a -e C t-se B��=mm Lca -c -Y w ' BC -Zf 8 -28 o Lf -iY-B 1 � Ott- L {lylr -M -poi 2 t� -i e if -om v iLL-0E S -OB -Nd Be -t� -Z: G _n iLKB -MC Be_Li -� k x 1-Oe1M Of [l Obt -IB -M L 9WNef6tGL } Q J i O H Z w f- Q W � 5 7 d; sss: a Z { I € €¢ KEE i kkkk 6/25/2013 17.C. 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 Packet Page -1436- 6/25/2013 17.C. 100r ,?51 PAsE 02 Packet Page -1437- 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 Packet Page -1437- 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 C21C Packet Page -1438- .1 . m m 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 beer fl51 PACt Q4 Packet Page 1439- 6/25/2013 17.C. tr -L� ; loot X51 PAGt 05 Packet Page -1440- so 6/25/2013 17.C. 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 tr -L� ; loot X51 PAGt 05 Packet Page -1440- so 6/25/2013 17.C. 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 fl-51 pAcE 06 P;4rkpt Pnap -1 AA1 - 6/25/2013 17.C. %f •,t 15 . hr, . t 4.. 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 Packet Page -1442- W-6/25/2013 17.C. 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 Packet Page -1443- M 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). :1-2 a boor 1151 PACE 09 Packet Page -1444- _ c' 6/25/2013 17. C. 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: 1 -3 goof P451 FAu 10 Packet Page -1445- 6/25/2013 17.C. 1 -4 1009 P- 51P►Gt 11 Packet Page -1446- 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. 1 -4 1009 P- 51P►Gt 11 Packet Page -1446- r 6/25/2013 17.C. i Door PACE 12 } 1 -5 Packet Page -1447- M 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. . fyu i Door PACE 12 } 1 -5 Packet Page -1447- M 6/25/2013 17. C . SECTION II PROJECT DEVELOPMENT REQU1'REMENTS r 2.1 PURPOSE :r. r` 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 2 -1 BOOK n5i*PACE 13 Packet Page -1448- 6/25/2013 17.C. L -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. rf boy A51►AcE 14 2 -2 _ A Packet Page -1449- 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. rf boy A51►AcE 14 2 -2 _ A Packet Page -1449- I I - 6/25/201317.C. E'Ri y' 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. 2 -3 .im n5l►ut 15 Packet Page -1450- M� r.. 6/25/2013 17.C. 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. f • boor X51 PAGE i fi 2-4 Packet Page -1451- SECTION III COMMERCIAL AREAS VWX imi 3.1 RMtPOSS 6/25/2013 17.C. Mae 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. , ' 3 -1 1001 niJ1 Pu t V Packet Page -1452- 6/25/2013 17.C. p (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. r; 3 -2 BOOK Il ut 18 Packet Page -1453- w__ - 6/25/2013 17.C. 4 boot 1151 Put 19 Packet Page - 1454 (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. ~ 3 -3 4 boot 1151 Put 19 Packet Page - 1454 M 6/25/2013 17.C. 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. ` 4-1 � PACE 51 20 Packet Page -1455- �� 6/25/2013 17.C. �ooK �51PAGE 21 Packet Page -1456- (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. 4 -2 �ooK �51PAGE 21 Packet Page -1456- a 6/25/2013 17.C. 4-3 600K 1 i5i"a 22 Packet Page ?' 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. 4-3 600K 1 i5i"a 22 Packet Page 'v. ra . �C• 6 r 6/25/2013 W.C. (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. i t � HOW %51 ►ACC 4-4 Packet Page -1458- r 6/25/2013 17.C. 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:. 5 -2 n; INK I -#J.L P � 24 Packet Page -1459- sm 6/25/2013 17.C. ,p 5 -2 boor 1;61►t6E 25 1., Packet Page -1460- - 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. ,p 5 -2 boor 1;61►t6E 25 1., Packet Page -1460- - t�•. Y. r„ a., .x' er,1, H. I. M 6/25/2013 17.C. 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 LOOK 1151 PAGE 26 5 -3 Packet Page -1461- r, A� s. i;. 6/25/2013 17.C. 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 lOOr (:i PA6F 27 Packet Page -1462- M A 6/25/2013 17.C. S. t 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 Hoc MirAGt 29 Packet Page -1463- 6/25/2013 W.C. 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 eou i 6l PAGE 29 5 -6 Packet Page -1464- 6/25/2013 17.C. 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_ r EXHIBIT "B" Packet Page -1466- 6/25/2013 17.C. r 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 Packet Page -1467- L Y •� a r h W_ ism 6/25/201317.C. r. 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 �_ Packet Page -1468- (� 6/25/2013 17.C. 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 Boor n51?,,E 34 Packet Page- 1469 -1 u kfi it •• . F. C. r'7 MAP E SOILS MAP MAP F VEGETATION MAP MAP G WATER MANAGEMENT MAP MAP H MASTER DEVELOPMENT PLAN jQ0V P1.51 PAGE 35 Packet Page -1470- Li 6/25/2013 17.C. PAGE -17- -18 - -20- -21-. -22- _24_ +,. LIST OF MAPS ^; MAP REFERENCE i TITLE ~, MAP*A LOCATION MAP MAP B AERIAL PHOTOGRAPH MAP C TOPOGRAPHIC MAP MAP D EXISTING LAND USE u kfi it •• . F. C. r'7 MAP E SOILS MAP MAP F VEGETATION MAP MAP G WATER MANAGEMENT MAP MAP H MASTER DEVELOPMENT PLAN jQ0V P1.51 PAGE 35 Packet Page -1470- Li 6/25/2013 17.C. PAGE -17- -18 - -20- -21-. -22- _24_ JUL 6/25/2013 17.C. 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- dock n51P.cf 36 Packet Page -1471- 6/25/2013 17.C. L " 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- Boor X51 PALE 37 Packet Page -1472- --- -- —� 6/25/2013 17.C. r• L 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- looK (l51 PAGE 38 Packet Page -1473- X. 6/25/2013 = No .:r �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. dooK x'51 PAGE 39 r -4- Packet Page - 1474 -�I�� 6/25/2013 17.C. fin L ti 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. door t?51 r ►cc 40 Packet Page -1475- • �.. r-� � up 6/25/2013 17.C. lo V r� t 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 -6- �" Packet Page -1476- 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 -6- �" Packet Page -1476- 4.. 4 SSst . �.t 1! o' A .I: 6/25/2013.17.0 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- loot 051 PicE 42 Packet Page -1477- 6/25/2013 17.C. L 104K 051 PAGE 43 -8- Packet Page -1478- (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 _ r„ 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. 104K 051 PAGE 43 -8- Packet Page -1478- -9- Packet Page -1479- 6/25/201317.C. 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 -9- Packet Page -1479- 6/25/201317.C. 6/25/2013 17.C. s� 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. -10- toot P*51pw 45 Packet Page -1480- 6/25/2013 17.C. I Packet Page -1481- ti '> (6) Laboratories,•reseerch, design and testing; laundries; k 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, �': (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. �w r 4) Permitted Provisional 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 prinicipal building. S 5) Development Standards (1) Minimum Lot Area: Ten thousand (10,000) square feet. c. -11- I?,Kj1►►cc 46 door Packet Page -1481- r i lr 6/25/2013 17.C. t I -12- too� 051PAU 47 Packet Page -1482- (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. yy d. Waterfront - Twenty -five (25) feet from the normal level of any artifically created body of water, i" 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. '° Z� (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 t 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 -12- too� 051PAU 47 Packet Page -1482- _ 6/25/2013 17.C. 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- P a: 100K 051 PAGE 4$ Packet Page -1483- �... .� •= 6/25/201317.C. *, 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- NMI 10"-L I oor 051 PAGE 49 '�'�— Packet Page -1484- •.i i� IL ,= 6/25/201317.C. 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. Packet Page -1486- I Zg BU J.go ADO I C 0 r m n x 0 z t r- m > 6/25/2013 17.C. m r. 0 > 0 m >r z M V m 0 > M .... > •AOWARP COUNTY Packet Page -1487- 6/25/2013 17.C. 6/25/2013 17.C. is t COUNTY ROAD 951 ------ - - - - -- - - - - - - — — — — — — — — ILA-MAR. 3..r...: ....... -- — — — — — — — — — — — — — ;y . xI 0 > a 1 . + vi� M P;irkpt Picin -1 ARQ too( 051 ns, 54 I r 0 o 0 0 0 m z m 1 . + vi� M P;irkpt Picin -1 ARQ too( 051 ns, 54 I r : js = �! • COUNTY ROAD 981 f . r O • j4 SIV 051►AGE 55 6/25/2013 17.C. t o Q O nor zEr m m n n R > m 0 SIV 051►AGE 55 6/25/2013 17.C. t - 6/25/2013 17.C. .COUNTY ROAD 951 • ii • r N ------------ ........ 4 (i lt.. F 4 'r 00 � Zmr �0> �v J � r i H O S r r m rn m m m O Y O im a w a�Y s a� •' 7 � � N • • M w a Z � w D : w M � o + eOaK 05 PAGE 1.9 1111 T O "" Lit m 0 O -4 o Z M mo> M Packet Page -1492- 6/25/2013 17.C. A;l ll� -- M 6/25/2013 17.C.1 [--�- ' ` F---' / ` COUNTY RUA&) VL iT III IT I it On 0 o fn 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 Packet Page -1494- 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. Packet Page -1495- 6/25/2013 17.C. «.; 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- Words Underlined are added; Words struck - through are deleted. rw Packet Page -1496- f. r,. It too'. C 051 PALL 62 6/25/2013 17.C. M M 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- Words Underlined are added; Words struck - through are deleted. Packet Page -1497- ri 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- Words Underlined are added; Words struck- threagh are deleted. 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: .LU i�.' 1-) � •}�= %)�t![•��=i•t- LL�t +hifF�T�C ):IiT �Yt�I� - F"I LU boor 0.51 PACE 61 -5- Words Underlined are added; Words struck- through are deleted. Packet Page -1499- r` soon '651ME 65 6/25/2013 17.C. Words Underlined are added; Words streek- through are deleted. Packet Page -1500- , AL' II -.1. I 11 -, , _ IP •uu 11 - , -, - : , 1• •11ll -1 • 1 e - 1 1 r - • U - 1 1 - - ,f.• Words Underlined are added; Words streek- through are deleted. Packet Page -1500- 6/25/201317.C. Cm 6001f 051PAU= 66 .. Words underlined are added; Words struck - through are deleted. Packet Page -1501- ,= Cm 6001f 051PAU= 66 .. Words underlined are added; Words struck - through are deleted. Packet Page -1501- 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: H • Ii • 7y n: .1• 11 � 1 -. tl 1 - Y 1 •. - 11 1 - 11 • 1 = R = 11 - t R � f 1= iL1 "I • 1 = yfl tl • • / / / /• IL •. 1 1 - 1 f • 1• • � If• tl - 1 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. J' Packet Page -1502- 6/25/2013 17.C. 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 —9— Boor IJ51PAGE 68 Words Underlined are added; Words struek- through are doleted. (r Packet Page -1503- F_ 4 0 A, s.L S ILL .r+ ►r� 0 o area, CD -lo- Words Underlined are added; Words struck - through are deleted. m _ 6/25/201317.C. ,, _v ., Packet Page -1504- _ 6/25/201317.C. v'. � M u' 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- Words Underlined are added; Words strew)- threngh are deleted. Packet Page -1505- a M M M 6/25/201317.C. DA. r... KA. 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. Packet Page -1507- 0/25/2013 17.C. 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. Packet Page -1508- 6/25/2013 17.C. !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. Packet Page -1509- 6/25/2013 17.C. 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 r .(nr .n n 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 Packet Page -1512- 6/25/2013 17.C. 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- M F. `. co i�r $ � om N X71 � r+i cYa $ w.. LS � 04 o °~ Zf N e a� c� Z s CCC. ny � p p e .mss'. os .art i 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 Iota: 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 �-a N O Q1 CO 3 Prolaw:22556 -xM ;h t A pop � 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. 10—.11