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Backup Documents 06/25/2013 Item #17C June 25, 2013 COLLIER COUNTY FL ZLTR-PL2 1300004494 REQUEST FOR LEGAL ADVERTISING Tollgate Commercial Center PIA)hG To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Adv., Location,etc.) Originating Dept/Div: GMD/Planning&Zoning Person: Fred Reischl,Senior Planner Date:May 24,2013 Petition No. (If none,give a brief description): ZLTR-PL20130000494 Petitioner:(Name&Address):Stephen M. Bender;3775 7`"Avenue NW; Naples,FL 34120 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before BCC X BZA Other Requested Hearing date:06/25/2013 (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500140024 Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: Date: Division Administrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: if legal documents is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file:to Requesting Division Original B. Other hearings:initiating Division head to approve and submit original to Clerk's Office, retaining a copy file. B. FOR CLERK'S OFFI Date Received [ > Date of Public Hearing 6 ES Date Advertised (?/0,4 2") NOTICE OF PUBLIC HEARING 17C Notice is hereby given that on Tuesday, June 25, 2013 in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of Zoning Appeals (BZA) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M.. The title of the proposed Resolution is as follows: 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) 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 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized 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 verbatim 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 participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 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 COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk(SEAL) 17C 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-PL20130000494-5/09/13 17C WHEREAS, staff requests an affirmation of the Zoning Manager's determination by the Board of Zoning Appeals that a sporting goods store is a comparable and compatible use within the commercial plan designated area of the Tollgate PUD according to Section 3.3.A(n)of the PUD;and WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code, and has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered granting the request by Stephen N. Bender of Bender Shooting, LLC, as stated herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,FLORIDA,that as to the property described in Exhibit"A": The Zoning Verification letter dated May 1, 2013 is affirmed; and a sporting goods store is a comparable and compatible use within the commercial plan designated area of the Tollgate Commercial Center PUD according to Section 3.3.A.(n)of the PUD. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of , 2013. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk GEORGIA A. HILLER, ESQ. Chairwoman Appeed astrd envy: L - Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Legal Description Exhibit B—Zoning Verification Letter 13CPS-01221\6 Tollgate Sporting Goods Store 2 of 2 ZLTR-PL20130000494-5/09/13 17C 36v457 OR: 3834 PG: 2066 RICORDID is OFFICIAL RECORDS of COLLIER COUNTY, IL 01/01/2005 at 10:11AX DWIGHT I. BIOCI, CLIRI COTS 1250789.00 This instrument prepared by and RIC III 44.00 after recording,return to: IIDIIIIG 2.00 DOC-.70 8755.60 Leo J.Salvatori, Esq. Rota: Salvatori&Wood, P.L. SALYA'IORI Q WOOD 4001 Tamiami Trail North Suite 330 4001 MIAMI TR K 51330 Naples, Florida 34103 MAPLES 11 34103 3060 RE—RECORDED TO INCLUDE ENTIRE LEGAL DESCRIPTION WARRANTY DEED THIS WARRANTY DEED, made this 30th day of June, 2005, between TOLL GATE COMMERCIAL CENTER, a Florida general partnership, whose post office address is 5645 Strand Boulevard, Suite 3, Naples, Florida 34110, ("Grantor"), and GRAND CYPRESS E COMMUNITIES, INC., a Florida corporation, whose post office address is 5672 Strand Court, Suite 3, Naples, Florida 34110, ("Grantee"). WITNESSETH that Grantor, for i;Gt rJ r. of the sum of Ten Dollars ($10.00), c° and other good and valuable co •-,� � re • - -I • •and paid by Grantee, the receipt C whereof is hereby acknowledg-• ' ranted bargain- sold to Grantee, and Grantee's " " heirs and assigns forever, t - o owin• described land, itu- e, lying and being in Collier OK W c; County, Florida, to-wit: _ a Tracts 29 and 30 of Tol !a - • -r•' ' i T.e 3 as recorded in Plat • p Book 22, Pages 95 d ro `h 101 o' - P •1 a t. As if Cillier County, Florida; LESS AND EXCEP - -s1 ►a 'r..ne9, _. � described on Exhibit A attached heret•r-4 Subject to those item- forth on Exhibit :��F a�h=•i :re_to and incorporated r.., herein by virtue of this, : ce. H •ii M4 -M Q O O N a and Grantor does hereby fully war r - - • - N� d •will defend the same against the ▪ ° o lawful claims of all persons whomsoe c y a IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and o year first above written. Signe., sealed and delivered TOLL GATE COMMERCIAL i• a .r-sence_of:' CENTER, a Florida general partnership Witness No. 1 Signa re By: TOLL GATE JOI T VENTURE, ad Uil(e-jQ -e-- . s��(_ a Florida general artnership, as • Wit s No. 1 Printe ame General Partner By: (Corporate Seal) y ~ .4 TOLGATE, INC., Florida tness No. 2 it _ gnaure , corpora • , as eral Partner Witness No. 2 Printed Name By: > obert S. Hardy, as Pr (dent 1 Prolaw:22556 Exhibit A Page 1 of (n 1 ] _ OR: 3834 PG: 2067 STATE OF FLORIDA /OR: 3921 PG: 2386 COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 24{h day of June, 2005 by ROBERT S. HARDY, in his capacity as President of TOLGATE, INC., a Florida corporation, as General Partner of TOLL GATE JOINT VENTURE, a Florida general partnership, as General Partner of TOLL GATE COMMERCIAL CENTER, a Florida general partnership, who is personally known to me. .➢ r, VALERIE J.STOLL Nota Public 44- -62;(17— MY COMMISSION# DD 187665 lof 0 EXPIRES:April 30,2007 � 1 4004-NOTARY R.Nary Discount A occ.Co. /�A `.le�/�ts.e 5-j-/ Typed,printed or stamped name of notary My Commission Expires: 4/30/07 0 11 V �a o ti -711E c-rici • 2 Prolaw:22556 Exhibit A/_ Page (a of_L¢._ . . . ,6R: 3921 PG: 2387, ' . .. . .. • . . . ... .. ., . . And / :- - , /.«, -'� B Co orate Seal By: (Corporate ) Witness No. 1 Signature 8475, INC., as General Partner 6' 14i: 40 A) By: Xa-oid-V4ted 0 -ss o. 1 Printed -me David G. Budd, as Vice President T,. Q- wtCgamiFLAG el' Witness No. 2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was - ,f9likd 2 J• - • - me this 2O "-day of June, 2005 by DAVID G. BUDD, in his capacity :*y�, - esi• - vA,, • INC., a Florida corporation, as 4± General Partner of TOLL GAT pr" VENTURE, a F:1'dta •eneral partnership, as General Partner of TOLL GATE CO, M ' _ E , Fl• 'da •eneral partnership, who is personally known to me. --i — (C--------\ at its- --------i-lormpa E-4 // Typed,print . o of notary ••pv O My Commiss'.• sires: c......, o0 THE REMAINDER OF T -vg. = a ' ONALLY LEFT BLANK '" •v N O Q1 CO • 3 Prolaw:22556 Exhibit A psgr ..,•of, ,.. 17C OR: 3834 PG: 2069 OR: 3921 PG: 2388 And ( 97//J --e/r By: (Corporate Seal) Witness No Signature AMPCO INVESTMENTS INCORPORATED, a Florida M ! S. ���Cr corporation, as General Partner Witness No. 1 Printed Name By: Charle E. Cannon, as President Witness No. 2 Signature Mfilis�sca } c bcx Witness No. 2 Printed Name-' STATE OF FLORIDA COUNTY OF COLLIER . .IVACO The foregoing instrument • e•ge• - this o2/ day of June, 2005, by CHARLES E. CANNON, -- ident of Ampco ents Incorporated, a Florida corporation, as General Part -r o. • ATE COMME` ' ► CENTER, a Florida general partnership, who is personall kn• n - -. ^►f� / A• i CARUJ.KuTAY O Ir. � MY COMMISSION 0002628091 n t- -of Notary My Commis • . • res: THE REMAINDER OF iJ' +- •NALLY LEFT BLANK CARL . AJ.IaITAY .p..11( VW COMMISSION#D0262809 CARLAJ.I JTAY ',/,‘ MY commiSSION 4100282800 EXPIRES:OCT 213.2007 a A Prolaw:22556 P�Ea �� 17 FOR: 3921 PG: 2389 EXHIBIT A Tracts 29 and 30 of Tollgate Commercial Center, Phase 3, as recorded in Plat Book 22, Pages 95 through 100 of the Public Records of Collier County, Florida; LESS AND EXCEPT the West 100' of Tract 29, which West 100' is further described as follows: Commence at the northwest corner of Tract 29 of Tollgate Commercial Center Phase Three as recorded in Plat Book 22, Pages 95 through 100 of the Public Records of Collier. County, Florida for a point of beginning; and run North 89°56'02" East along the north line of said Tract 29, a distance of 104.39 feet; THENCE run South 00°03'58" East, a distance of 272.15 feet to an intersection with the south line of said Tract 29 and the north right-of-way line of County Road No. 84; THENCE run South 89°56'02"West along the south line of said Tract 29 and the north'right-of-way line of County Road No. 84, a distance of 100.00 feet to the southwest corner of said Tract 29; THENCE run North 00°03'58" West along said west line, a distance of 188.00 feet; THENCE run North 37°28'53" West along said west line, a distan = - •0 feet to a point on a curve of said west line and the easterly ri s • li€Cf�• •ouse Drive, said curve being concave northwesterly an• • • - ra•i •�: is I feet, a central angle of 34°05'32" and a chord •- -n M and distance of N•• 02821" East, 49.83 feet, respectively; THENCE run •- -- - terly along sai• cu e, an arc distance of 50.58 feet to the said •oin of in.. 0 V Exhibit A// Page,..of___ 'I OR: 3834 PG: 2070 *** /*** OR: 3921 PG: 2390 *** Exhibit B 17C Permitted Encumbrances 1. Declaration of Easements, Restrictions, Covenants, Rules and Regulations for Toll Gate Commercial Center P.U.D., and the Articles of Incorporation and By-Laws for Tollgate Center Property Owner's Association, Inc., as recorded in Official Records Book 1455, Page 535, as amended in Official Records Book 1571, Page 1964, Official Records Book 1584, Page 15, Official Records Book 1895, Page 466, Official Records Book 1916, Page 2367, Official Records Book 2089, Page 174, Official Records Book 3070, Page 57, all of the Public Records of Collier County, Florida. 2. Reservations of Oil, Gas and Mineral Rights recorded in Deed Book 30, Page 91, Deed Book 33, Page 434 and Deed Book 33, Page 131 as to portions of Tracts 21, 22, 23 and 29 lying in Sec. 2-50S-26E, of the Public Records of Collier County, Florida. 3. Reservation of drainage ditches and drainage facilities as contained in Deed recorded in Official Records Book 1477, Pa•- -c,, o'?r- •lic Records of Collier County, Florida. 4. Preliminary Developmen ' •y- ent as reco •=■ o cial Records Book 1564, Page 871, of the Public Reco - , oilier County, Flori• -'� 5. Subject to easemen a-d •' _ • a• - a .hown •n e recorded plat of Tollgate Commercial Center "ha- : --' .4 'r• -.,,g t• the plat thereof as recorded in Plat Book 22, Pag- 9' th- - _ r. • .f z C•unty, Florida. 6. Resolution for crea it t - ol•- - - 'V ate-' - - ST District as recorded in Official Records Boo, - : Page 1838, of the .`y_bli, - -c., -,,s of Collier County, Florida. I -" 0 7. Ad valorem real estate --- or the year 2005 _ - . - subsequent years, bearing Tax Identification Numbers 76::0 ■i •8 (Tract 2• - ' ::85100984 (Tract 30). 4-11E CIRC 5 Prolaw:22556 Exhibit A Page)of 17C al,r , ._,.:Atly--e-r .....c•i4.-plity ........_...„.„........„,.....„„,________. G_rawth Management Division Planning & Zoning Department May 1, 2013 Stephen M. Bender Bender Shooting, LLC 3775 7th Avenue NW Naples, FL 34120 Re: Zoning Verification Letter ZLTR-PL20130000494; Tollgate Commercial Center PUD, Collier County, Florida. Dear Mr. Bender: Thank you for your request for Zoning Verification. The subject property is zoned Planned Unit Development (Tollgate Commercial Center PUD), Ordinance No. 92-10. You requested verification of the SIC Code 5941 in the subject PUD. As explained in the letter of April 1, 2013 to you and signed by Ray Bellows, Planning Manager, this use is not specifically permitted in the PUD. However, Section 3.3.A(n) of the PUD states that "any other commercial or professional service which is comparable in nature with the foregoing uses and which the Planning Impementation [SIC] Director determines to be compatible in the district" may be considered a permitted use. SIC Code 5941, Sporting Goods Stores and Bicycle Shops, fall under Major Group 59 — Miscellaneous Retail. The PUD, which does not utilize SIC Codes, permits other retail uses, including department stores, drug stores, dry cleaning shops, dry goods stores, shopping centers, souvenir stores, stationery stores and variety stores. Staff believes that the proposed use of Sporting Goods Store is comparable in nature to the other uses in the PUD which include other types of retail sales Staff's opinion, subject to affirmation by the BZA, is that the proposed use of Sporting Goods Store is comparable in nature to other retail uses in the PUD. Your request will be forwarded to the Board of Zoning Appeals for affirmation of Staffs opinion. You will be apprised of the hearing date and advertising fees as soon as possible. Please note that Staff's opinion is not binding on the BZA. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code (LDC) and Growth Management Plan in effect as of this date. It is possible that subsequent amendments to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Exhibit B P 0 ane J of„a. Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net 17C 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: )1.4' Fred "els,hl,AICP, Senior Planner Raym d V. Bellows, Zoning tiger Planning &Zoning Planning & Zoning cc: Annis Moxam,Addressing Section Laurie Beard,Commitment Tracking Exhibft B Page of,.t., 17C Acct. #068779 May 24, 2012 Attn: Legals Naples New Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: ZTLR-PL20130000494 — Tollgate Commercial Center Dear Legals: Please advertise the above referenced notice on Wednesday, June 5, 2013, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500140024 17C NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, June 25, 2013, in the Board of County Commissioners meeting room, Third Floor, Collier Government Center, 3299 East Tamiami 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 title of the proposed Resolution is as follows : 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) 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 recognized 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 verbatim 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 participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance . Please contact the Collier County Facilities Management Department, located at 3335 17C Tamiami Trail East, Suite #101, Naples, FL 34112-5356, (239) 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) 17C Martha S. Vergara From: Legals NDN <legals @naplesnews.com> To: Martha S.Vergara Sent: Tuesday, May 28, 2013 12:15 PM Subject: Read:ZLTR-PL20130000494 - Tollgate Commercial Center PUD Your message To: Subject: ZLTR-PL20130000494-Tollgate Commercial Center PUD Sent: Tuesday, May 28, 2013 12:15:18 PM (UTC-05:00) Eastern Time (US & Canada) was read on Tuesday, May 28, 2013 12:15:05 PM (UTC-05:00) Eastern Time (US & Canada). 1 NOTICE OF PUBLIC HEARING 1 7 c 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- ml 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 title of the proposed Resolution is as follows: A RESOLU11014 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 A5 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. aLTR-P120130000454) 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 Count)/Facilities Management Depart- ment,located at 3335 Tamlarn1 Trail East, Suite #101, Naples. FL 34112-5356, (239) 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 5, 2013 No. 1991031 1 Naples Daily News 1 7 C Naples, FL 34110 Affidavit of Publication Naples Daily News + BCC/ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 REFERENCE: 068779 4500140024 NOTICE OF PUBLIC HEARING 59721201 NOTICE OF PUBLIC Notice is hereby given that on Tuesday,June 25,2013,in the Board of County Cgpl missionets meeting room,Third Floor,Collier Government Center,3299 East Tam mi Trail,Naples FL the Board of Zoning Appeals(BZA)will consider the enactment State of Florida of a Resolution.The meeting will commence at 9:00 A.M.The title of the proposed Resolution has follows: Counties of Collier and Lee A RESOLUTWN OF THE BOARD OF ZONING APPEALS OF COWER COUNTY,FLORI- Before the undersigned authority, pe/ DA,AFFIRMING THAT A SPORTING GOODS STORE IS A COMPARABLE AND COM- PATIBLE USE WITHIN THE COMMERCIAL PLAN DESIGNATED AREAS OF THE TOLL- appeared Amy Davidson, says that She SE GATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT AS AUTHORIZED IN SECTION 3.3.A.(N)OF ORDINANCE 92-10,AS AMENDED,THESUBJECT'PROPERTY'IS Inside Sales Supervisor, of the Naples LOCATED INSECfION35,TOWNSHIP49SOUTH,RANGE26EAST,COWER000N- FLORIDA.(2LTR-PL20130000494) Y a daily newspaper published at Naples, County, Florida: distributed in Collie/ 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. and Lee counties of Florida; that the c NOTE: All persons-wishing to speak on any agenda item must register with the copy of advertising was published in s E �O1" manager. prior to presentation b the agenda.item to be addressed, Indies ual speakers wilf be limited to 3 minutes a any i* it The selection re any newspaper on dates listed. 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 Affiant further says that the said NE 10 minutes to speak on an item. News is a newspaper published at NapleE packets must ubmt saiw aterialrarminimumtof 3 weededm the Board r agenda publc heal d ks prior to the resppective Collier County, Florida, and that the Board shalt In any lase,written materiels intended'to be eonsidered by,the submitted to the appropriate County staff a minimum of seven&his newspaper has heretofore been eontinuoL prior to the public bearing.411 materials used in presentations before the Board will become a permanent part of th e record. day and has been entered as second c 1 a E Any person who decides to appeal any decision of the Board will need a record of matter at the post office in Naples 'r the proceedings pertaining thereto and therefore,may need to ensure that a ver- r batim record'of the proceedings is made,whkh record iudes the testimony and evidence upon which the appealis based. Collier County, Florida, for a period c next preceding the first publication Of ticipute in thiis proceetlng,yobare nttled at oy oscto omyout o4the provision of certain assistance. Please contact the Collier Counttyy Facilties Mana�gement Depart- attached copy of advertisement; and aft ment, located at 3335 Tamiarti Trail East Suite CUll, Naples,FL 34112-5356,(239) 252-8380,at least two days poor to the meeting. Assisted listening devices for the further says that he has neither paid r hearing impaired are available in the Boa►d of County Commissioners Office. promised any person, firm or corporatic BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS discount, rebate, commission or refund ,COLLIER COUNTY,FLORIDA purpose of securing this advertisement GEORGIA A.HILLER,ESQ.,CHAIRWOMAN publication in the said newspaper. DWIGHT E.BROCK CLERK B Martha Vergara,Deputy.Clerk PUBLISHED ON: 06/05 J :uneLS 201 No 1991031 AD SPACE: 86 LINE FILED ON: 06/05/13 Signature of Affiant / -ii)((/ / k 1/ Sworn to and Subscribed b- 1.re m- th, _, ,day of L ' 20 AI Personally known by me ` I 1 1 Ra . CAROL POL.DO A j_m M 001041 IS2Ii)N 4 Ei-da1758 i, 7.;Y EXPIRES:November 26,2i;4 , ,. 'Oil;Q Bonded tire Plchard Insurance Acancy ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP c TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office I 20 3 4. BCC Office Board of County / 3 Commissioners 6 4t 5. Minutes and Records Clerk of Court's Office I Z g l(3 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Fred Reischl,Planning&Zoning Phone Number 252-4211 Contact/ Department Agenda Date Item was June 25,2013 Agenda Item Number 17.0 Approved by the BCC Type of Document Resolution Number of Original Attached (3 '(3.7 Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? FR 2. Does the document need to be sent to another agency for additional signatures? If yes, FR provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be FR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's FR Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the FR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's FR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip FR should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/25/13 (enter date)and all changes FR made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the / R BCC,all changes directed by the BCC have been made,and the document is ready for the .0 Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise 1 2.24.05;Revised 11/30/12 17C 4 MEMORANDUM Date: July 3, 2013 To: Fred Reischl, Principal Planner Comprehensive Planning - GMD From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2013-137: Affirming compatible land-use in the designated commercial areas within Tollgate Commercial Center PUD Ordinance 92-10, as amended (ZLTR PL20130000494) Attached for your records is a copy of the resolution referenced above, (Item #17C) adopted by the Board of County Commissioners on June 25, 2013. The Minutes and Record's Department has held the original document for the Board's Official Record. If you have any questions, please feel free to call me at 252-8406. Thank you. Attachment 17C RESOLUTION NO. 13- 13 7 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA AFFIRMING THAT A SPORTING GOODS STORE IS A COMPARABLE AND COMPATIBLE USE WITHIN THE COMMERCIAL PLAN DESIGNATED AREAS OF THE TOLLGATE COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT AS AUTHORIZED IN SECTION 3.3.A.(n) OF ORDINANCE 92-10 AS AMENDED. THE SUBJECT PROPERTY IS LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA. (Z L T R-P L 2 013 00 0 0 4 9 4) WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the rezoning of land to Planned Unit Development(PUD); and WHEREAS,on February 11, 1992 by Ordinance 92-10,the Board of County Commissioners of Collier County approved a Planned Unit Development (PUD) known as the Tollgate Commercial Center Planned Unit Development for the subject property; and WHEREAS, on December 11, 1993 by Ordinance 93-91, the Board of County Commissioners amended the PUD; and WHEREAS, Section 3.3 of the Tollgate Commercial Center Planned Unit Development provides for certain permitted uses, including Subsection 3.3.A.(n), "any other commercial or professional service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the district and which the Planning Implementation Director determines to be compatible in the district";and WHEREAS, the Petitioner, Stephen N. Bender of Bender Shooting, LLC, requested a determination as to the property described in Exhibit"A"that a sporting goods store is a comparable and compatible use to the permitted uses of the commercial plan area of the PUD;and WHEREAS, the PUD permits department stores, drug stores, dry cleaning shops, dry goods stores, shopping centers, souvenir stores, stationary stores and variety stores;and WHEREAS,the Zoning Manager(successor to the Planning Implementation Director) determined that a"sporting goods store"is a permitted use in the PUD by Zoning Verification letter dated May 1,2013, attached as Exhibit`B";and Tollgate Sporting Goods Store 1 of 2 ZLTR-PL20130000494-5/09/13 4:1) i 17 .E Pl WHEREAS, staff requests an affirmation of the Zoning Manager's determination by the Board of Zoning Appeals that a sporting goods store is a comparable and compatible use within the commercial plan designated area of the Tollgate PUD according to Section 3.3.A(n)of the PUD;and WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code, and has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered granting the request by Stephen N. Bender of Bender Shooting, LLC, as stated herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,FLORIDA,that as to the property described in Exhibit"A": The Zoning Verification letter dated May 1, 2013 is affnned; and a sporting goods store is a comparable and compatible use within the commercial plan designated area of the Tollgate Commercial Center PUD according to Section 3.3.A.(n)of the PUD. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this asp` day of eu-(le , 2013. ATTEST: BOA' 1 S i3ONIN APPEALS DWIGHT E. BROCK, CLERK COL E' BUNT , FLORIDA By t �: ••`.Q_r . By s e rk GE i RGIA A. HILLER, ESQ. Attest as to Chain'S Chairwoman signature only,,,, Appr ved as to form and legal sufficiency:Lio L,,,i, A__ N <b Heidi Ashton-Cicko 4\1' Managing Assistant County Attorney Item#(.0--�—t-3 Attachments: Exhibit A—Legal Description Exhibit B—Zoning Verification Letter Agend Date Z-:4'r Date 13CPS-01221\6 Rec' . Deputy Clerk Tollgate Sporting Goods Store 2 of 2 ZLTR-PL20130000494-5/09/13 CP i , 17C 3bv457 OR: 3834 PG: 2066 RECORDED in OFFICIAL RICORDS of COLLIER COUNTY, IL 07/01/2005 at 10:11AN DWIGHT 1. BIOCL, CLIRi COWS 1250789.00 This instrument prepared by and RIC III 44.00 after recording,return to: MOILING 2.00 DOC-.70 8755.60 Leo J.Salvatori, Esq. Retn: Salvatore&Wood, P.L. SALVATORI i WOOD 4001 Tamiami Trail North 4001 TANIANI Ti N 1330 Suite 330 Naples, Florida 34103 NAFLIS IL 34103 3060 RE—RECORDED TO INCLUDE ENTIRE LEGAL DESCRIPTION WARRANTY DEED '^ THIS WARRANTY DEED, made this 30th day of June, 2005, between TOLL GATE COMMERCIAL CENTER, a Florida general partnership, whose post office address is 5645 Strand Boulevard, Suite 3, Naples, Florida 34110, ("Grantor"), and GRAND CYPRESS E COMMUNITIES, INC., a Florida corporation, whose post office address is 5672 Strand Court, Suite 3, Naples, Florida 34110, ("Grantee"). WITNESSETH that Grantor, for i, rlir- '4 of the sum of Ten Dollars ($10.00), o"'o and other good and valuable co a : • ,and paid by Grantee, the receipt ch ct ct whereof is hereby acknowledg-• granted, bargain-• ' • sold to Grantee, and Grantee's `11 ` heirs and assigns forever, t - o owin• described land, itu- e, lying and being in Collier PA •4 cti a County, Florida, to-wit: cs. gb Tracts 29 and 30 of Tol s a +• • 7 '•-T- •e 3 as recorded in Plat C Book 22, Pages 95 6 ro ,!h 100 o "e;i• is •f Collier County, Florida; c� 8 E LESS AND EXCEP - k - • r.nt.!9, -. f V described on Exhibit A •• = attached heret•rk . o .. Subject to those item forth on Exhibit -J ,. a h:•+=reto and incorporated herein by virtue of this :, : ce. o ° e A 4.N and Grantor does hereby fully war : : aio 21 d will defend the same against the ° ..., lawful claims of all persons whomsoe - E CI c 5:-....- IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and 8 year first above written. CV Signe., sealed and delivered TOLL GATE COMMERCIAL i• a ',r-sence_of: CENTER, a Florida general r partnership •' Witness No. 1 Signat re By: TOLL GATE JOINT VENTURE, e 6- o t/ -g-T- \ Si.- _ a Florida general partnership, as •' '~ a General Partner g rs No. 1 Printe• ame By: (Corporate Seal) " '° ,. �� '''`�' TOLGATE, INC., a Florida 4) 04 _ . .l! tness No. 2-ignature corpora ' as neral Partner Witness No. 2 Printed Name By: � L� 1� obert S. Hardy, as Pr ident 1 Prolaw:22556 Exhibit A Page 1 of lo -- a i OR: 3834 PG:�2 7.0 STATE OF FLORIDA /OR: 3921 PG: 2386 COUNTY OF COLLIER The foregoing instrument was acknowledged before me this j-=t'h day of June, 2005 by ROBERT S. HARDY, in his capacity as President of TOLGATE, INC., a Florida corporation, as General Partner of TOLL GATE JOINT VENTURE, a Florida general partnership, as General Partner of TOLL GATE COMMERCIAL CENTER, a Florida general partnership, who is personally known to me. — 4_62/;(17_ .6.40P444, VALERIE J.STOLL Nota Public o MY COMMISSIONS DD 187885 1:t r ie EXPIRES:April 30.2007 �J 1&003 TARY 19.Notary OYOantA Assoc.Co. 0 tea _ r 5toL L Typed,printed or stamped name of notary My Commission Expires: 4/30/O7 �� ;R COO kJQ ccwilogilio py pA, ,, fr. , ,,it:,_ + (-) v, 1-- ECIRCA 2 Prolaw:22556 Exhibit A/ Page of_1Q_ 0 óR: 3921 PG: 2387) • 17C And • -�/��4, By: (Corporate Seal) Witness No. 1 Signature 8475, INC., as General Partner f'' 1414 N By: X 40 ..a B u d-V4It .26.oL -ss ► o./ Printed -me David G. Budd, as Vice President VVitnataiNgpoi SLAG e1 Witness No. 2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was ft� d•-J• me this day of June, 2005 by DAVID G. BUDD, in his capacity - •r- resi• • ► • INC., a Florida corporation, as General Partner of TOLL GAT �± ► VENTURE, a F • icta, ,eneral partnership, as General Partner of TOLL GATE CO R M ^' _ E-, . Fl• •da •eneral partnership, who is personally known to me. 1.111101PAA L/ �Ofst. ir ot i t;� 1 r . COVOISSI ON1u 'w• LAGG // • esRES:Ap Typed,printe•'o ss e of notary =� My Commiss sires: ,"0 THE REMAINDER OF T r a 4- ONALLY LEFT BLANK •" w C! Q1 Ad 3 Prolaw:22556 Exhibit AI Page ..r of GP OR: 3834 PG: 2069 10R: 3921 PG: 2388 And 17C By: (Corporate Seal) Witness No Signature AMPCO INVESTMENTS � / INCORPORATED, a Florida N cr!i ��e r-T" corporation, as General Partner Witness No. 1 Printed Name By: Charle E. Cannon, as President Witness No. 2 Signature t M�l'►s�a }-Ica bur e Witness No. 2 Printed Nam Wi STATE OF FLORIDA COUNTY OF COLLIER s'eRCO The foregoing instrument .�- •`•. e•ge• a - this ea/ day of June, 2005, by CHARLES E. CANNON, -- ident of Ampco ents Incorporated, a Florida corporation, as General Part -r o • ATE COMME' IA■ CENTER, a Florida general partnership, who is personall kn• n,. -3 • .,�,, ' 7 1---W J. AY f MY COMMISSION AlD028209 ' /4779-q Typed,Prin= r S 6 AU me of Notary My Commis . . • res: THE REMAINDER OF iCcl r •NALLY LEFT BLANK CARLAJ.IWTAY 11 SAY COMMISSION#00262809 CARIAJ.KUTAY MY COMMISSION+fOD2828°9 EXPIRES:OCT 28,2007 4 Prolaw:22556 K'A A Page..of_, OR: 3921 PG: 2389 EXHIBIT A 17 C Tracts 29 and 30 of Tollgate Commercial Center, Phase 3, as recorded in Plat Book 22, Pages 95 through 100 of the Public Records of Collier County, Florida; LESS AND EXCEPT the West 100' of Tract 29, which West 100' is further described as follows: Commence at the northwest corner of Tract 29 of Tollgate Commercial Center Phase Three as recorded in Plat Book 22, Pages 95 through 100 of the Public Records of Collier County, Florida for a point of beginning; and run North 89°56'02" East along the north line of said Tract 29, a distance of 104.39 feet; THENCE run South 00°03'58" East, a distance of 272.15 feet to an intersection with the south line of said Tract 29 and the north right-of-way line of County Road No. 84; THENCE run South 89°56'02"West along the south line of said Tract 29 and the north right-of-way line of County Road No. 84, a distance of 100.00 feet to the southwest corner of said Tract 29; THENCE run North 00°03'58" West along said west line, a distance of 188.00 feet; THENCE run North 37°28'53" West along said west line, a distan - • --5• •0 feet to a point on a curve of said west line and the easterly rigs • ,li6 of • •ouse Drive, said curve being concave northwesterly an. •: •s ra•i • ►s feet, a central angle of 34°05'32" and a chord •- -n R and distance of N.•l 028121" East, 49.83 feet, respectively; THENCE run •• • terly along sai• cu e, an arc distance of 50.58 feet to the said •oin of -_ • ins. ' 7,J1R C Exhibit A A . Page of i * OR: 3834 PG: 2070 *** j* t OR: 3921 PG: 2390 ***1 Exhibit B C Permitted Encumbrances 17 1. Declaration of Easements, Restrictions, Covenants, Rules and Regulations for Toll Gate Commercial Center P.U.D., and the Articles of Incorporation and By-Laws for Tollgate Center Property Owner's Association, Inc., as recorded in Official Records Book 1455, Page 535, as amended in Official Records Book 1571, Page 1964, Official Records Book 1584, Page 15, Official Records Book 1895, Page 466, Official Records Book 1916, Page 2367, Official Records Book 2089, Page 174, Official Records Book 3070, Page 57, all of the Public Records of Collier County, Florida. 2. Reservations of Oil, Gas and Mineral Rights recorded in Deed Book 30, Page 91, Deed Book 33, Page 434 and Deed Book 33, Page 131 as to portions of Tracts 21, 22, 23 and 29 lying in Sec. 2-50S-26E, of the Public Records of Collier County, Florida. 3. Reservation of drainage ditches and drainage facilities as contained in Deed recorded in Official Records Book 1477, Pa 4 o t e- •lic Records of Collier County, Florida. 4. Preliminary Developmen • ill-F ent asreccor•:• r official Records Book 1564, Page 871, of the Public Reco • „ s oilier County, Flori•- 5. Subject to easemen a,d '*1- a. : s as .hown •n ' e recorded plat of Tollgate Commercial Center "ha- - •• 4-, .. ...,4\. - -•�°,g t• the plat thereof as recorded in Plat Book 22, Pag- 9 th- - _ ..or •5\ lie C.unty, Florida. 6. Resolution for crea th- oh. G- - NI! ate.% - -44 ST District as recorded in Official Records Boo - Page 1838, of the bli, R- •s of Collier County, Florida. 7. Ad valorem real estate ' or the year 2005 - subsequent years, bearing Tax Identification Numbers 76::0 5:'.8 (Tract 2• - 1 ::85100984 (Tract 30). c . -C 5 Prolaw:22556 Exhibit A Page (q of J 0 i co�e-r co->n.H.t 17C HI y ,.......„....„„....,...... Growth Management Division Planning & Zoning Department May 1, 2013 Stephen M. Bender Bender Shooting, LLC 3775 7th Avenue NW Naples, FL 34120 Re: Zoning Verification Letter ZLTR-PL20130000494; Tollgate Commercial Center PUD, Collier County, Florida. Dear Mr. Bender: Thank you for your request for Zoning Verification. The subject property is zoned Planned Unit Development (Tollgate Commercial Center PUD), Ordinance No. 92-10. You requested verification of the SIC Code 5941 in the subject PUD. As explained in the letter of April 1, 2013 to you and signed by Ray Bellows, Planning Manager, this use is not specifically permitted in the PUD. However, Section 3.3.A(n) of the PUD states that "any other commercial or professional service which is comparable in nature with the foregoing uses and which the Planning Impementation [SIC] Director determines to be compatible in the district" may be considered a permitted use. SIC Code 5941, Sporting Goods Stores and Bicycle Shops, fall under Major Group 59 — Miscellaneous Retail. The PUD, which does not utilize SIC Codes, permits other retail uses, including department stores, drug stores, dry cleaning shops, dry goods stores, shopping centers, souvenir stores, stationery stores and variety stores. Staff believes that the proposed use of Sporting Goods Store is comparable in nature to the other uses in the PUD which include other types of retail sales 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 Staff's opinion is not binding on the BZA. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code (LDC) and Growth Management Plan in effect as of this date. It is possible that subsequent amendments to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the LDC or related ordinances. Exhibit B 0,,o,,r„ Page + OLA a� ...L., Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net 0 17C 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 Reis hl, AICP, Senior Planner d Raym V. Bellows, Zoning Manager Planning & Zoning Planning & Zoning cc: Annis Moxam,Addressing Section Laurie Beard,Commitment Tracking Exhibit B Page 41.of„ �P�