Backup Documents 12/09/2014 Item # 8A 8 A ,.,
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
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 Principal Planner
Date:November 05,2014
Petition No.(If none,give a brief description): PL20140000797
Petitioner:(Name&Address):Kristina Johnson,Delisi Fitzgerald,Inc.
1605 Hendry Street
Fort Myers,FL 33901
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:Tuesday, December 9,2014, (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.4500154426
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:
H.
7<7' G
~, Date: (.
Division Atf inistrator 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.
FOR CLERK'S OFFICE -
Date Received ,A S 14 Date of Public Hearing 12 fq I l IF Date Advertised 145t /1 I 1 If
(
8 A
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that on Tuesday, December 9, 2014, 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:
The purpose of the hearing is to consider:
A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number ASW-PL20140000797,
granting a waiver from the minimum required separation of 500 feet between automobile service stations pursuant to
Section 5.05.05.6 of the Land Development Code, for property located on the south side of U.S. 41 between Frederick
Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida.
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
TOM HENNING
CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s/Patricia Morgan
Deputy Clerk (SEAL)
j Li718f1A
RESOLUTION NO. 14 -
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBFR
ASW-PL20140000797, GRANTING A WAIVER FROM THE
MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN
AUTOMOBILE SERVICE STATIONS PURSUANT TO SECTION
5.05.05.B OF THE I..AND DEVELOPMENT CODE, FOR PROPERTY
LOCATED ON THE SOUTH SIDE OF U.S. 41 BETWEEN
FREDERICK STREET AND PALM STREET IN SECTION 11,
TOWNSHIP 50 SOUTH., RANGE 25 EAST, COLLIER COUNTY,
FLORIDA.
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 granting of waivers pursuant to Land
Development Code section 5.05.05.13; and
WHEREAS, RaceTrac Petroleum, Inc., desires to establish an automobile service station
on the property described herein that would be located within 500 feet of an existing automobile
service station; and
WHEREAS, RaceTrae Petroleum, Inc, seeks a waiver to allow a separation distance of
143.7 feet between the proposed RaceTrac automobile service station and the existing 7-11
automobile service station; and
WHEREAS, the Collier County Hearing Examiner has determined that this petition is a
matter of great public interest or concern and has therefore recused himself from hearing this
petition pursuant to Section 2-87, Paragraph 6, of the Collier County Code of Laws; and
WHEREAS, the Board of Zoning Appeals 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 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 the Board having considered the advisability of granting the instant
waiver and all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD) OF ZONING APPEALS
OF COLLIER COUNTY,FLORIDA, that:
Petition ASW-.PL20140000797, filed by Kristina Johnson, P.E., of DeLisi Fitzgerald,
Inc., on behalf of the Petitioner, RaceTrac Petroleum, Inc., with respect to the subject property
located on the south side of U.S. 41 between Frederick Street and Palm Street and further
described in Exhibit A, attached hereto and incorporated herein by reference, is hereby approved
for a waiver from the 500 foot minimum separation requirement between automobile service
RaceTrac at Palm Street%ASW-PL20140000797 I of 2
5/05/14
`i t d
' 11
_, ' LY ..,z
stations pursuant to LDC § 5.05.05.B.2., with a resulting minimum separation distance of 143.7
feet from the nearest automobile service station, as depicted in Exhibit B, subject to the
following condition(s):
1.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number ASW-
PL20I 40000797 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this day of
, 2014..
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E.BROCIti, Clerk COLI.,IER COUNTY, FLORIDA
By: By:
Deputy Clerk TOM HENNING, Chairman
Approved as to form and legality:
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
EXHIBIT A-- Legal Description
EXHIBIT B— Separation.Exhibit
CP`,14-CPS-01316/6
RaceTrac at Palm Street!ASW-PL20140000797 2 of 2
5/05/14
8 A
Acct. #068779
November 5, 2014
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, FL 34110
Re: ASW-PL20140000797
Dear Legals:
Please advertise the above referenced notice Wednesday, November 19,
2014, and send the Affidavit of Publication, in DUPLICATE, together
with charges involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
PO #4500154426
8 A
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION
Notice is hereby given that on Tuesday, December 9, 2014, 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,
RELATING TO PETITION NUMBER ASW-PL20140000797, GRANTING A WAIVER FROM THE
MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS
PURSUANT TO SECTION 5.05.05.8 OF THE LAND DEVELOPMENT CODE, FOR PROPERTY
LOCATED ON THE SOUTH SIDE OF U.S.41 BETWEEN FREDERICK STREET AND PALM STREET
IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
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 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
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara
Deputy Clerk (SEAL)
8 A
-Cou_nty of Collier
CLERK OF "HE CIRCUIT COURT
COLLIER COUNTY COURTH ►JSE
Dwight E. Brock 3315 TAMIAMI TRAIL EAST ST 102 Clerk of Courts
Clerk of Courts P.O. BOX 413044 Accountant
Auditor
NAPLES, FLORIDA 3401-3044 Custodian of County Funds
November 5, 2014
Delisi Fitzgerald, Inc.
Attn: Kristina Johnson
1605 Hendry Street
Fort Myers, FL 33901
Re: ASW-PL-20140000797
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners, as the Board of Zoning Appeals, on
Tuesday, December 9, 2014, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Wednesday, November 19, 2014.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone - (239) 252-2646 Fax - (239) 252-2755
Website - www collierclerk com Email - collierclerk a collierclerk corn
NOTICE OF PUBLIC HEARING 8 A
NOTICE OF INTE TT r CONSIDER A RESOLUTION
Notice is herebygiven that on Tuesday, December 9. 2014, in the Board of co am#.y
Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East
Tarniarni Trail, Naples FL., the Board of Zoning Appeals (BZA) will consider the.
enactment of a County Resolution. The meeting wicommence at 00 A.M. The
title of the proposed Resouion is as follows:
A RESOLUTION OF TH.E BOARD OF. ZONING APPEALS OF COLLIER COUNTY,
FLORIDA,, RELATING TO PETITION NUMBER ASW-PL20140000797, GRANTING A
WAIVER FROM THE MINIMUM UM RE UIR D SEPARATION OF 500 FEET BETWEEN
AUTOMOBILE SERVICE STATIONS PURSUANT TO SECTION 5,05.05.8 OF THE LAND
DEVELOPMENT CODE, FOR PROPERTY LOCA t ED ON THE SOUTH SIDE OF U.S. 41
BETWEEN FREDERICK STREET AND PALM STREET IN SECTION 11, TOWNSHIP 50
SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA.
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.
inthvival 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
Bpublic hearing. In any case, written materials intended to be considered by the.
oard 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 Lade 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 Tamiarni Trail East, Suite 01 Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to theeetin . 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,TY, FL RID
TOM FIE ,WING, CHAIRMAN
DWIGHT E. B.ROCK, CI FRK
By:Martha Vergara
Deputy Clerk (SEAL)
November 19, 2014 No. 2039513
8 A
Martha S. Vergara
From: Polidora, Carol <cpolidora@naplesnews.com>
Sent: Friday, November 07, 2014 11:59 AM
To: Martha S. Vergara
Subject: RE:Ad Confirmation
TGIF!!!
Thanks! Released for publication...
Carol
Original Message
From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com]
Sent: Friday, November 07, 2014 8:12 AM
To: Polidora, Carol
Subject: RE: Ad Confirmation
Carol,
The CAO's office has approved, please proceed with publishing this ad.
Happy Friday!!
Martha
Original Message
From: Polidora, Carol [mailto:cpolidora(a@naplesnews.com]
Sent: Thursday, November 06, 2014 4:34 PM
To: Martha S.Vergara
Subject: Ad Confirmation
Hi Martha!
Please provide approval ASAP for publication on 11.19.14.
Thank you!
Carol
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Learn. Share.
How may we help you? Call us at (239) 213-6000
Thank you for placing your ad.
Date 11/06/14
1
Publication NDN 8A
Account Number 744102
Ad Number 2039613
Total Ad Cost $359.52
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named
addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the
intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained
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Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of
the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by
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Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
2
r 8 +
Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
BCC/ZONING DEPARTMENT
FINANCE DEPARTMENT
3299 TAM IAM I TRL E #700 NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER A RESOLUTION ,
NAPLES FL 34112 Notice is hereby given that on Tuesday,December 9,2014, 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:
REFERENCE: 068779 4500154426 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,
59758115 NOTICE OF PUBLIC I ING A
WAVER FROMRELATING PETITION THE MINIMUMEQUI ED S ARATION OF 500�FEET A BETWEEN
AUTOMOBILEAUTOMOBILE SERVICE STATIONS PURSUANT TO SECTION 5.05.05.8 OF THE LAND
DEVELOPMENT CODE,FOR PROPERTY LOCATED ON THE SOUTH SIDE OF U.S.41
State of Florida BETWEEN FREDERICK STREET AND PALM STREET IN SECTION 11,TOWNSHIP 50
SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA.
Counties of Collier and Lee A copy of the proposed Resolution is on file with the Clerk to the Board and is
Before the undersigned authority, per: 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
appeared Dan McDermott, says that he se) ountumanager
sprior
l tolimresentt3mioutesonagen aitie teosee addresed.
Inside Sales Supervisor, of the Naples I individual to speak on tion of any
be ehalf of an organization or group is encouraged. If
a daily newspaper published at Naples, arecoglottnized by the Chairman, a spokesperson for a group or organization may be
led l0 minutes tospeakonanitem.
County, Florida: distributed in Collier Persons wishing to have written or graphic materials included in the Board agenda
and Lee counties of Florida• that the at packets must submit said material a mi materials of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted tog the appropriate County staff a minimum of seven days
copy of advertising was published in Say prior to the public hearing. All materials used in presentations before the Board
will become a permanent part of the record.
newspaper on dates listed. Any person who decides to appeal any decision of the Board wil!tan eed a record of
Affiant further says that the said Nab the proceedings pertaining thereto and therefore, may need ensurare
e that a
verbatim record of the proceedinggs'is made, which record includes the testimony.
News is a newspaper published at Naples, andevidenceuponwhichtheappealisbased.
Collier County, Florida, and that the s• Ifyou
are a are nperorwith a disability who needs any accommodation in order to
p p p g, you are entitled,at no cost to you,to the provision
newspaper has heretofore been contlnuou., of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356,
day and has been entered as second clasp {239) 252-8380, at feast two days prior to the meeting. Assisted listening devices
for the hearing impaired are available in the Board of County Commissioners
matter at the post office in Naples, in office.
Collier County, Florida, for a period o BOARD OF CONINGRD OF UNTY COMMISSIONERS
next preceding the first publication of TOMLUIERCON CHARMDA
attached copy of advertisement; and affj DWIGHT E.BROggCK,CLERK
further says that he has neither paid nc Deputy Clerk
promised any person, firm or corporation_ -.-_..1. ,• r •.
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 11/19
AD SPACE: 112 LINE
FILED ON: 11/19/14
Signature of Affian
Sworn to and Subscribed before me this Or day of /►"D✓ 20 )5
Personally known by me
i4PR Notary Public State of Florida
Susan D Flora
�ijy� My Commission FF 040250
•of fti0 Expires 07/28/2017