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Backup Documents 10/08/2013 Item #17A17A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, September 13, 2013, and furnish proof of publication to the attention of Mike Sawyer, Project Manager in the Planning & Zoning Department, Zoning Services, 2800 North Horseshoe Drive, Naples, Florida 34104. Originating Dept/ Div: GMD/Planning & Zoning Person: Mike Sawyer, Project Manager Date: September 10, 2013 Petition No. SV- PL20130000818 Petitioner: Christopher Shucart, Del Mar Retail Condominium Association, 2614 Tamiami Trail North, Suite 615, Naples, FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: Mr. Robert Mulhere, FAICP, Mulhere & Associates, 430 Robin Hood Circle, Suite 102, Naples, F134104. Hearing before: BCC X BZA Other Requested Hearing date: Tuesday, October 8, 2013. Based on advertisement appearing 20 days before hearing. Newspaper(s) to be used: Naples Daily News Proposed Text: See Attached Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Department: Planning & Zoning Dept., Zoning Services; Fund & Cost Center: 131 - 138326- 649100- 00000; Purchase Order Number: 4500140024; Account Number: 068779 Reviewed by: ivisio dminisirator or Designee Date List Attachments: Ordinance/Resolution DISTRIBUTION INSTRUCTIONS 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 document 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: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: —I < < Date of Public Hearing: Date Advertised: > Updated per Laura Wells w/2012 fiscal year PO number 10 -15 -12 Teresa L. Cannon 17 A From: Sawyer, Michael Sent: Wednesday, September 11, 2013 9:27 AM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Ann P. Jennejohn; Neet, Virginia; Rodriguez, Wanda; Wells, Laura; Brock, MaryJo Subject: NDN- Ad, Del Mar Shopping Center Sign Variance Attachments: BCC Ad 9- 11- 13.pdf, CURRENT Resolution - 090513 (2).pdf, Title - rev 071713 (2).docx Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. Thanks, Mike Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252 -2926 Under Rorida taw, e -mail addresses are pubic rpwds. If your do riot wa=it your e -mail address released in response to a pub €c records request, do riot send electronic mail to this entity. instead. contact this office e dy telephone or in writing. 1 17A RESOLUTION NO. 13- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA GRANTING A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE TO INCREASE THE NUMBER OF SIGNS ON THE BUILDING TO ALLOW AN ADDITIONAL SIGN PER UNIT UP TO A MAXIMUM OF 36 TOTAL SIGNS FOR THE ENTIRE DEL MAR SHOPPING CENTER .LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [SV- PL201300008181 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 variances; and WHEREAS, Section 5.06.04.F.4 limits the number of wall signs on multiple- occupancy parcels to one sign per internal unit and two signs per end unit so long as the signs are not placed on the same wall; and WHEREAS, the Petitioner, Del Mar Retail Condominium Association, Inc.. is seeking a variance from Section 5.06.04.F.4 of the Land Development Code in order to increase the number of signs on the building from one sign per internal unit and two signs per end unit to two signs per internal unit and three signs per end unit to allow each unit to place one sign on the facade facing Davis Boulevard and one sign facing the parking lot at the rear of the building; and WHEREAS, 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 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 a public meeting assembled, and the Board having considered the advisability of granting these variances and all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition Number SV- PL20130000818 filed on behalf of Del Mar Retail Condominium Association, Inc. with respect to the property located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, and more particularly described in OR Book 4892, Page 650, et Del Mar Shopping Center 1 of 2 SV- PL20130000818 — Rev. 9/05/13 17 seq. of the Official Public Records of Collier County, Florida (Folio No. 29810000022), be and the same is hereby approved for an additional sign for each unit and no more than 36 total signs for the entire Del Mar Shopping Center, subject to the Exceptions and Conditions of Approval in Exhibit "A ", attached hereto and .incorporated herein by reference. BE IT FURTHER RESOLVED that the text (including content and size) of the signs is not the subject of this variance. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- PL20130000818 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of , 2013. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legality: Emily R. Pepin '&4-:P 91511 Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: GEORGIA A. HILLER, ESQ. Chairwoman Attachment: Exhibit A — Exceptions and Conditions of Approval 13 -CPS - 01224/24 Del Mar Shopping Center 2 of 2 SV- PL20130000818 — Rev. 9105/13 ii a CONDITIONS OF APPROVAL FOR SV- PL20130000818 1. Unit 108 currently has an illuminated wall sign that faces the parking lot. The existing wall sign is permitted to be retained until the sign is removed or replaced or the current business moves or vacates the unit. A total of 36 wall signs are permitted for the Del Mar Shopping Center, which represents 17 additional wall signs, exclusive of condition I above. 3. All signs facing the parking lot (north side of the shopping center) except as noted in condition 1 above shall not be illuminated. EXHIBIT A 13 -CPS - 01224\25 Rev. 9/5/13 17A TITLE A Resolution of the Board of Zoning Appeals of Collier County, Florida granting a variance from Section 5.06.04.F.4 of the Land Development Code to increase the number of signs on the building to allow an additional sign per unit up to a maximum of 36 total signs for the entire Del Mar Shopping Center located on the north side of Davis Boulevard in Section 4, Township 50 South, Range 26 East, Collier County, Florida. [SV- PL20130000818] 13- CPS - 01224/11 Del Mar Shopping Center SV- PL20130000818 —Rev. 7/17/13 17A Acct #068779 September 11, 2013 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: SV- PL20130000818, Del Mar Shopping Center Dear Legals: Please advertise the above referenced legal notice Wednesday, September 18, 2013 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500140024 17A NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, October 8, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. The meeting will begin 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 GRANTING A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE TO INCREASE THE NUMBER OF SIGNS ON THE BUILDING TO ALLOW AN ADDITIONAL SIGN PER UNIT UP TO A MAXIMUM OF 36 TOTAL SIGNS FOR THE ENTIRE DEL MAR SHOPPING CENTER LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (SV- PL20130000818) Copies of the proposed Resolution are on file with the Clerk to the Board and are 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 Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, 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 material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a 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, Building W, Naples, Florida 17A 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA GEORGIA HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) County of Collier CLERK OF THE E ) CIRCUIT COURT Dwight E. Brock COLLIER CO",'' Y C06J ZTHOUSE Clerk of Courts 3315 TAMIAMI TRL E STE 102 P.O. BOX 413044 NAPLES FLORIDA �'f ti.r �� NAPLES, FLORIDA 34112 -5324 ;34101 -3044 September 11, 2013 Christopher Shucart Del Mar Retail Condominium Assoc. 2614 Tamiami Trail North, Ste. 615 Naples, FL 34103 Re: SV- PL20130000818, Del Mar Shopping Center Dear Petitioner: 17 Clerk of Courts Accountant Auditor Custodian of County Funds 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, October 8, 2013, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, September 18, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK vvu� alru� � Teresa Cannon, Deputy Clerk Enclosure Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierCierk.com Email- CollierClerk(- ,collierclerk.com Cotinty of Collier CLERK OF THE' CIRCUIT COURT Dwight E. Brock COLLIER CO"TY C06'THOUSE Clerk of Courts 3315 TAMIAMI TRL E STE 102A; P.O. BOX 413044 NAPLES, FLORIDA �'� NAPLES, FLORIDA 34112 -5324 34101 -3044 September 11, 2013 Mr. Robert Mulhere, FAICP Mulhere & Associates 430 Robin Hood Circle, Ste. 102 Naples, FL 34104 Re: SV- PL20130000818, Del Mar Shopping Center Dear Petitioner: 17A Clerk of Courts Accountant Auditor Custodian of County Funds 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, October 8, 2013, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, September 18, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK L� Teresa Cannon, Deputy Clerk Enclosure Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- CollierClerk a,collierclerk.com Teresa L. Cannon To: Naples Daily News Legals Subject: SV- PL20130000818 Attachments: SV- PL20130000818 (BCQ.doc; SV- PL20130000818 (BCQ.doc Legals, Please advertise the attached Legal Ad on Wednesday, September 18, 2013. Thanks Teresa L. Cannon, BMR Clerk III Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax Teresa.Cannon@colliercierk.com 1 17A , 17A Teresa L. Cannon From: Polidora, Carol <cpolidora @naplesnews.com> Sent: Friday, September 13, 2013 10:28 AM To: Teresa L. Cannon Subject: Ad Confirmation Attachments: UASBB9E jpg Hi Teresa, Please provide approval ASAP for publication on 09.18.13. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 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 09/13/13 Publication NDN Account Number 744102 Ad Number 2000988 Total Ad Cost $259.38 1 NOTICE • INTENT TO CONSIDER RESOLUTIO N-1 17 A =jq.ijlQaffbM Persons wishing to have wn-rten or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public heari In any case, written materials intended to be considered by the Board shall he ubmitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. 4 00 III", L40' -ZKWI All it I ig-114PI IMPIK01i ; I s:''����l�;'�[�����l��I ZEMM 201-4 No. 2DO0908 17A Teresa L. Cannon From: Sawyer, Michael Sent: Friday, September 13, 2013 11:09 AM To: Teresa L. Cannon; Neet, Virginia Subject: RE: Ad Confirmation Looks good to go. Thanks, Mike Sawyer Project Manager, Zoning Services Land Development Services Department Growth Management Division, Planning and Regulation 2800 North Horseshoe Drive Naples, Fl 34104 Tel: (239)252 -2926 - - - -- Original Message---- - From: Teresa L. Cannon [ mailto: Teresa.Cannon @collierclerk.com] Sent: Friday, September 13, 2013 10:33 AM To: NeetVirginia; SawyerMichael Subject: FW: Ad Confirmation Please review and ok. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax Teresa.Cannon @collierclerk.com - - - -- Original Message---- - From: Polidora, Carol [ mailto :cpolidora @naplesnews.com] Sent: Friday, September 13, 2013 10:28 AM To: Teresa L. Cannon Subject: Ad Confirmation Hi Teresa, Please provide approval ASAP for publication on 09.18.13. Thanks! Carol 17A Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263 -4871 1 Fax: (239) 325 -1251 1 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 09/13/13 Publication NDN Account Number 744102 Ad Number 2000988 Total Ad Cost $259.38 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 in this message. 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 emailing helpdesk @collierclerk.com, quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. 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. 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. Teresa L. Cannon From: PepinEmily <EmilyPepin @colliergov.net> Sent: Monday, September 16, 2013 8:38 AM To: Teresa L. Cannon; Neet, Virginia; Sawyer, Michael Subject: RE: Ad Confirmation Approved. Emily R. Pepin Assistant County Attorney (239) 252 -8400 - - - -- Original Message---- - From: Teresa L. Cannon [ mailto: Teresa.Cannon @collierclerk.com) Sent: Friday, September 13, 2013 10:33 AM To: NeetVirginia; SawyerMichael Subject: FW: Ad Confirmation Please review and ok. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax Teresa.Cannon@collierclerk.com - - - -- Original Message---- - From: Polidora, Carol [ mailto :cpolidora @naplesnews.comj Sent: Friday, September 13, 2013 10:28 AM To: Teresa L. Cannon Subject: Ad Confirmation Hi Teresa, Please provide approval ASAP for publication on 09.18.13. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 cpolidora @naplesnews.com naplesnews.com ( ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213 -6000 Thank you for placing your ad. I ll A '#mq Teresa L. Cannon To: Polidora, Carol Subject: RE: Ad Confirmation Looks good, ok to run. Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax Teresa.Cannon @collierclerk.com - - - -- Original Message---- - From: Polidora, Carol [mailto :cpolidora @naplesnews.com] Sent: Friday, September 13, 2013 10:28 AM To: Teresa L. Cannon Subject: Ad Confirmation Hi Teresa, Please provide approval ASAP for publication on 09.18.13. Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263 -4871 1 Fax: (239) 325 -1251 1 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 09/13/13 Publication NDN Account Number 744102 Ad Number 2000988 Total Ad Cost $259.38 1 17 17A MCI OF MEETING 0 NATICR f NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, October 8, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. The meeting will begin 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 GRANTING A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE TO INCREASE THE NUMBER OF SIGNS ON THE BUILDING TO ALLOW AN ADDITIONAL SIGN PER UNIT UP TO A MAXIMUM OF 36 TOTAL SIGNS FOR THE ENTIRE DEL MAR SHOPPING CENTER LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (SV- PL20130000818) Copies of the proposed Resolution are on file with the Clerk to the Board and are 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 Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, 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 material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, m need to ensure that a verbatim record of the proceedings is made, which record ay includes the testimony and evi- dence 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, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY. FLORIDA GEORGIA HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) ' _ $eotember 18 201 No 20009RR NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit. of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Linda Sentz, who on oath says that she serves as Account Executive of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper 1 time in the issue on September 18, 2013. ININE DTICE OF MEETING Nr, NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, October 8, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. The meeting will begin 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 GRANTING A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE TO INCREASE THE NUMBER OF SIGNS ON THE BUILDING TO ALLOW AN ADDITIONAL SIGN PER UNIT UP TO A MAXIMUM OF 36 TOTAL SIGNS FOR THE ENTIRE DEL MAR SHOPPING CENTER LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (SV- PL20130000818) Copies of the proposed Resolution are on file with the Clerk to the Board and are 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 Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, 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 material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a 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 evi- dence upon which the appeal is based. If you e a person with a disability who needs any accommodation in order to par - ti spa arte 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, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA GEORGIA HILLER, ESQ, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) Sentember 1R. 2011 N 7nnpg8R Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. � ._yc � (Signature of affiant) Sworn to and subscribed before me Thy 29th day of f©ctoobgr, 2013 l G /fi A , 1 X of notary public s�..y CAROlPOLID RA O * *= MY COMMISSION # EE 851758 EXPIRES: November 28, 2014 Bonded Th u Pk hard Insurance Agancy ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 17A 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. Complete routing lines #I 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 routine lines # 1 through #2, complete the checklist. and forward to the Countv Attomev Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. Initial Applicable) 2. October 8, 2013 Agenda Item Number 17A 3. County Attorney Office County Attorney Office l0 413 4. BCC Office Board of County Commissioners bCA 1 5. Minutes and Records Clerk of Court's Office Documents Attached la%!l 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 Mike Sawyer Phone Number 252 -29 Contact / Department appropriate. Initial Applicable) Agenda Date Item was October 8, 2013 Agenda Item Number 17A Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, N/A Type of Document Resolution e:) Number of Original 1 Attached C)—D Documents Attached PO number or account signed by the Chairman, with the exception of most letters, must be reviewed and signed number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's 40 INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 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? /fIf 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 AT 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 40 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 AS 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 elf signature and initials are required. 7. In cases (some contracts are an exception), the original document and this routing slip liff should be provided to the County Attorney Office at the time the item is input into SIRE. assee within a certain Some documents are time sensitive and require forwarding to TalTeadlines! time frame or the BCC's actions are nullified. Be aware of ou 8. The document was approved by the BCC on October 8, 2013 and all changes made Alf during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. 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 Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 17q MEMORANDUM Date: October 14, 2013 To: Mike Sawyer, Project Manager Zoning & Land Development Review From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Resolution 2013- 230/Del Mar Shopping Center Attached for your records is a copy of the document referenced above, (Item #17A) adopted by the Board of County Commissioners Tuesday, October 8, 2013. The Board's Minutes and Record's Department has held the original ordinance for the Board's Official Record. Thank you. Attachment 17 a RESOLUTION NO. 13- 2 3 0 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA GRANTING A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE TO INCREASE THE NUMBER OF SIGNS ON THE BUILDING TO ALLOW AN ADDITIONAL SIGN PER UNIT UP TO A MAXIMUM OF 36 TOTAL SIGNS FOR THE ENTIRE DEL MAR SHOPPING CENTER LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [SV- PL20130000818] 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 variances; and WHEREAS, Section 5.06.04.F.4 limits the number of wall signs on multiple - occupancy parcels to one sign per internal unit and two signs per end unit so long as the signs are not placed on the same wall; and WHEREAS, the Petitioner, Del Mar Retail Condominium Association, Inc., is seeking a variance from Section 5.06.04.F.4 of the Land Development Code in order to increase the number of signs on the building from one sign per internal unit and two signs per end unit to two signs per internal unit and three signs per end unit to allow each unit to place one sign on the fagade facing Davis Boulevard and one sign facing the parking lot at the rear of the building; and WHEREAS, 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 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 a public meeting assembled, and the Board having considered the advisability of granting these variances and all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition Number SV- PL20130000818 filed on behalf of Del Mar Retail Condominium Association, Inc. with respect to the property located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, and more particularly described in OR Book 4892, Page 650, et Del Mar Shopping Center 1 of 2 SV- PL20130000818 — Rev. 9/05/13 17A seq. of the Official Public Records of Collier County, Florida (Folio No. 29810000022), be and the same is hereby approved for an additional sign for each unit and no more than 36 total signs for the entire Del Mar Shopping Center, subject to the Exceptions and Conditions of Approval in Exhibit "A ", attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the text (including content and size) of the signs is not the subject of this variance. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- PL20130000818 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this q+-h day of ( b tf , 2013. ATTES.T.;i DWIGHT I, $ROCK., eLERK Is signature only. Approved as to form and legality: -a k- 0 Q,� roily R. in t9V 91511 Assistant County Attorney BOA 9F ZO ING AP ALA COLL R'. O TY, FL RIDA By: GEOULVA. HILLER, ESQ Chairwoman Attachment: Exhibit A — Exceptions and Conditions of Approval 13- CPS - 01224/24 Del Mar Shopping Center 2 of 2 SV- PL20130000818 — Rev. 9/05/13 Item # _L_L � � Agenda O ' Date Date Recd ` Deputy Clerk 17A CONDITIONS OF APPROVAL FOR SV- PL20130000818 1. Unit 108 currently has an illuminated wall sign that faces the parking lot. The existing wall sign is permitted to be retained until the sign is removed or replaced or the current business moves or vacates the unit. 2. A total of 36 wall signs are permitted for the Del Mar Shopping Center, which represents 17 additional wall signs, exclusive of condition 1 above. 3. All signs facing the parking lot (north side of the shopping center) except as noted in condition 1 above shall not be illuminated. EXHIBIT A 13- CPS - 01224\25 Rev. 9/5/13