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Backup Documents 06/26/2012 Item #17BCOLLIER COUNTY FLORIDA REQUEs`r FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XX:X Normal Legal Advertisement Other: (Display Adv., location, etc.) Origitaating Dept' I>iv: GMD/Zonin Person: Nancy Gundlaeh, Principal Planner Date: May 25, 2012 Petition No. (if none, give brief description): PL20110002805, Agave Southwestern Grill Petitioner: (dame & Address): Mr. Theodore R. Walter Mr. D. Wayne Arnold Cummings and Lockwood LLC 3001Tamiami Trail North # 400 Naples, FL 34103 17B�j 14 Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL 34134 Nance & Address of any person(s) to be notified by Clerk's Office: (Umore space is needed, attach separate sheet) blearing before BCC X BZA Other Requested Ilearing date: Tuesday, June 26, 2012. - biased on advertisement appearing 20 days before hearing. Newspapers) to be used: (Complete only if important): XXX Naples Daily News Other Legally .Required Proposed Text: (Include legal description & comtnon location & Size: See Attached 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 '4s-aa lit `7� Reviewed by: 4 Division Administrator or Designee List Attachments: r Date DISTRIBUTION INSTRUCTIONS For hearings before BCC: or BZ.A: 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: Coun), 'Manager agenda file: Requesting Division Original Clerk's Office Other bearings: Initiating Division head to approve and submit original to Clerks Office, retaining a copy for tile:. FOR CLERK'S O CE Uf E ONLY: Date Received" Date of Public hearing: (�2--Date Advertised: 6 Teresa L. Polaski 17 From: GundlachNancy <NancyGundlach @colliergov.net> Sent: Friday, May 25, 2012 2:25 PM To: Minutes and Records Cc: Lorenz, William; Bellows, Ray; Patricia L. Morgan; Ann P. Jennejohn; Rodriguez, Wanda; Neet, Virginia; Kendall, Marcia Subject: BCC Hearing Advertising Request for Agave Grill Sign Variance Attachments: Hearing Ad and Reso for BCC hearing 5- 25- 12.pdf, Hearing Notice to NDN for BCC hearing 5- 25- 12.docx Importance: High Good afternoon, Attached please find a "Request for Legal Advertising" to be processed for the upcoming June 26, 2012 BCC hearing. Thank you. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 2800 North Horeshoe Drive Naples, FL 34104 (239)252 -2484 NancyGundlach@colliergov.net o ,,,a Law (- r .I€ adOressf S a;, e 1p=.:b7 is f'C Clyd s. if yoU do i)ol .w:'i, YOW e- Tl,,'IiI ad'IIr ss if-,:< as e.: E. � ,�.�w��., ..�£„ t�O ,'iiC}.3�� �(.- r.F.:fW, dL.:g:�t_„t; .a ! f 5.., qtr rf waiI fn th:s enlity Conn d this office by telepho, > for Ill w ifinp. 1 May 25, 2012 Board of County Commissioners Public Hearing Advertising Requirements Tj Please publish the following Advertisement on and furnish proof of publication to the attention of NonoyGundlaph. Principal Planner hnthe Land Development Services Cepartmant, Zoning Services Section, 2800 North Horseshoe Drive, Nap|eu, Florida 34104. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must _be in o type no smaller than 18 point, The advertisement mustnoy placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 13N43832G-64S1QD-00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 17B Teresa L. Polaski From: RodriguezWanda <WandaRodriguez @colliergov.net> Sent: Friday, May 25, 2012 2:31 PM To: Gundlach, Nancy; Minutes and Records Cc: Neet, Virginia Subject: RE: BCC Hearing Advertising Request for Agave Grill Sign Variance Nancy, What date are you requesting the ad be run? I don't see it anywhere... -Waiid l 2Zodri�jitez, MCP -ldvance Certitiett Para.Cegal 7diorie: (2.�.9) 2 >2 84on ax f' ,.: (239) 224- 5 00 New address as of November 1 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E. Suite 800, Naples; FL 34112 -5749 From: GundlachNancy Sent: Friday, May 25, 2012 2:25 PM To: Minutes and Records Cc: LorenzWilliam; BellowsRay; Trish L. Morgan; Ann P. Jennejohn; RodriguezWanda; NeetVirginia; KendallMarcia Subject: BCC Hearing Advertising Request for Agave Grill Sign Variance Importance: High Good afternoon, Attached please find a "Request for Legal Advertising" to be processed for the upcoming June 26, 2012 BCC hearing. Thank you. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner Land Development Services Growth Managment Division 2800 North Horeshoe Drive Naples, FL 34104 (239)252 -2484 NancyGundlach @collierRov.net idnde� Ponda (..a' +'9, e -mail addresses are i`C;:: {ii'hs, If You do not wary yo'u, ::'fna I address i;1 "a,;.i -�'1 t?iil�/? to a pub:t£; do not Send a ;4.tnit`t; ma16 to th;s €; Mity. ( "151fFad. co°fl�r.r,t it2is office by telephone, or ir1 wnimg . 1 17B May 25, 2012 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement on Friday, June 1 2012, and furnish proof of publication to the attention of Nancy Gundlach, Principal Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 9 178 NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, June 26, 2012, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.. The title of the proposed Ordinance is as follows: SV- PL20110002805, Agave Grill, A Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number SV- PL20110002805 granting a variance from Section 5.06.04.17 of the Land Development Code to allow two wall signs on one building consisting of an existing wall sign of 93.33 square feet on the northern building facade and a second wall sign of up to 96 square feet on the western facade of its building which building is located at 2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range 25 East, Collier County, Florida. A copy of the proposed Ordinance 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 FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER SV-PL20110002805 GRANTING A VARIANCE FROM SECTION 5.06.04.F OF THE LAND DEVELOPMENT CODE TO ALLOW TWO WALL SIGNS ON ONE BUILDING CONSISTING OF AN EXISTING WALL SIGN OF 93.33 SQUARE FEET ON THE NORTHERN BUILDING FACADE AND A SECOND WALL SIGN OF UP TO 96 SQUARE FEET ON THE WESTERN FA(:ADE OF ITS BUILDING WHICH BUILDING IS LOCATED AT 2380 VANDERBILT BEACH ROAD IN SECTION 02, TOWNSHIP 49 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 variances; and WHEREAS, Petitioner owns and operates the property located at 2380 Vanderbilt Beach Road in Collier County, Florida and seeks to add additional signage on the property; 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 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-PL20110002805 filed on behalf of A & D Real Estate Holdings If by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. with respect to the property located in Section 02, Township 49 South, Range 25 East, Collier County, Florida, and more particularly described as: Unit 500 of Olympia Park, a Land Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 2763, Page I31 through 190, inclusive, as amended in Official Records Book Agave Southwesteni GrilVSV-PL2011-2805 Page I Rev. 5/18/12 3875, Page 2975, and subsequent amendments thereof, all of the Public Records of Collier County, Florida, be and the same hereby is approved for two wall signs in the aggregate of 189.33 square feet as shown on the attached Exhibit "A" and subject to the Conditions of Approval attached as Exhibit 111311. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- Pl..20110002805 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this _ day of ,2012. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By ............. .. . . By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form and legal sufficiency: . ........ . ... Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A ... Sign Variance Site Plan Exhibit B — Conditions of Approval. CP\12-CPS-0t137\220 Agave Southwestern Grill/SV-PL2011-2805 Page 2 Rev. 5/18/12 I --,/ I I � \ � *...m.. w....... _ . -- ...._. AR EA OF SIGN VA; 0 2 0' SCALE: 1 40' A & D iiEAL ESTATE HOLDING tr GradyMinor kSTING ;` V, WAIJ, chil Lngiomrs • und SuNqu* pl"Am • Lan4tag Ardilwb SITE PLAN JG.N.., cm or M" a o"101 PROPOs-tb' WALL �'J:ZC N UNDEV� A OA Vt ISOUTH WES TER I t 7 GRILLE. —71 LOAD lop am no wo • 0010 N Exhibit A 0 2 0' SCALE: 1 40' A & D iiEAL ESTATE HOLDING tr GradyMinor SIGN VAR'ANCE chil Lngiomrs • und SuNqu* pl"Am • Lan4tag Ardilwb SITE PLAN cm or M" a o"101 or 11 Exhibit A CONDITIONS OF APPROVAL FOR SV-PL2011000285 1, The additional wall sign is limited to a maximum of 96 square feet and is allowed on the western building facade facing towards Vanderbilt Beach Road, W-TSM-1flu: Acct #068779 May 25, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: SV- PL2011 -2805: Agave Grill Sign Variance Dear Legals: Please advertise the above referenced legal notice Friday, June 1, 2012 and send the Affidavit of Publication, in triplicate, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500131207 17B 1 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, June 26, 2012, 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: SV- PL20110002805, Agave Grill, A Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number SV- PL20110002805 granting a variance from Section 5.06.04.F of the Land Development Code to allow two wall signs on one building consisting of an existing wall sign of 93.33 square feet on the northern building fagade and a second wall sign of up to 96 square feet on the western fagade of its building which is located at 2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range 25 East, Collier County, Florida. 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, 176 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 FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) n.. ocllier 178, CLERK OF THE CVRCtTIT COURT Dwight E. Brock COLLIER COUNTY OUR-fVOUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI IL E, ST Accountant P.O. BOX 4 3044 NAPLES, FLORIDA 4101 -3 44 Auditor Custodian of County Funds May 25, 2012 Mr. D. Wayne Arnold Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL. 34134 Re: SV- PL20101 -2805, Agave Southwestern Grill 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, June 26, 2012, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, June 1, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK aeresa Cannon, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.colliercierk.com Email: collierclerkCacollierclerk.com nIERCO of llier 1 7CLERK O , RC IT COURT Dwight E. Brock COLLTY OUR I OUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI AIL E ST Accountant P.O. BOX 4 3044 NAPLES, FLORIDA 4101 -3 44 Auditor lu i Custodian of County Funds May 25, 2012 Mr. Theodore R. Walter Cummings and Lockwood LLC 3001 Tamiami Trail North #400 Naples, FL. 34103 Re: SV- PL20101 -2805, Agave Southwestern Grill 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, June 26, 2012, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, June 1, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK aresa Cannon, Deputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.colliercierk.com Email: collierclerk(i—�collierclerk.com Teresa L. Polaski To: Legals NDN (legals @naplesnews.com) Subject: SV- PL2011 -2805, Agave Southwestern Gill Attachments: SV- PL2011 -2805 (BCC).doc; SV- PL2011 -2805 (BCC).doc Legals, Please advertise the attached legal ad on Friday, June 1, 2012. Thanks Teresa L. Cannon, BMR Clerk III Minutes and Records Department 239 - 252 -8411 239 - 252 -8408 fax Teresa.Polaski@collierclerk.com 1 17B X Teresa L. Polaski From: Sent: To: Subject: Attachments: Green, Amy <AGreen @Naplesnews.com> Friday, May 25, 2012 3:43 PM Teresa L. Polaski Ad Confirmation UAS7EAjpg Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 05/25/12 Publication NDN Account Number 744102 Ad Number 1951212 Total Ad Cost $259.38 1 17B 'Y-A NOTICE OF INTENT TO C IDER RESOLUTION 17B Notice is hereby giver's that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County vvill hold a public hearing car, Tuesday, June ,26, E012, in the Boardroom, 3rd Floor, Administration Building, Collier County, Government Center, 3299 East Tan iattti Trail, Maples, Florida The meeting ,%ill begin a1 9:00 A.M. The ti le of the proposed resolution is as follows: SV -P 2 1100028 ,05,yAgave grill, A Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Fletition Number SV-PL20,110002805 granting a variance from Section 5.06.04.E of the Land Development Code to allow two wall signs on one building consisting of an existing wall sign of 93.33 square feet on the northern build' n fa ade and a sec ind NA.,all sign rat tip; to 9 square feet on the estern facade of Its building which is located at 2380 Vanderbilt Beach Road in S�tion 02. Township 4 South. Range 25 East, Collier County, Florida. Copies otthe proposed 134solution are on file wizh the Cleric to the Board and are available for inspection. All inter sted panties are invit;_�,d to mend and he beard.. NOTE: All persons v ish ng to speak on any agenda item must register ivith the Count Administrator', rior to oce�sentation of the agenda item to be addressed. Indlvi�cra speakers � 1T be limited to 33 minutes on any item. The selection of an individual to spear on behalf of an organization or group is enCOUtaged. if recognized by the Chair, a spokesperson for a group or organization may he allotted 10 minutes to spear on an Item. Persons wishing to have %T teen or graphic materials included in the, Board agenda packets nest submit said material a minimum of 3 weeks prior to the respeove public hearing. In any case, written materials intended to be considered by the oard shall be submitted to the appropriate County staff a minimum of severe days prior to the public hearing. All material used in presentations before the Board l ecome a per i nent part of the record Any person who decides to appeal a decision of the Beard M.411 steed a record of the roc edings per - raining thereto and therefore` may need to ensure that a verbatim record of the proceedings is made, vvhich record includes the testimony ° and evidence upon which the appeal is based. if you are a person with a disability who reeds any accommodation in order to participate in this pro- ea_dincl you are entitled, at no cost to }you, to the provision of certain assistance. please contact the Collier County Facilities fVlanage rent "ep,ar-tn ent, located at 35 Tamiaml Trail east, Building W, Naples, Fiorrda 3dt 12, (239 ) 252-8380. Assisted listening devices for the hearing impaired are available in the bounty Cornmissione s, Office, FREES CQYLF, CHAIRMAN Elam Teresa Cannon, Deputy Clerk, (SEAL) June 1, 2012 No, 195121, 17B t, -1, Teresa L. Polaski From: GundlachNancy < NancyGundlach @colliergov.net> Sent: Friday, May 25, 2012 4:00 PM To: Teresa L. Polaski Cc: Rodriguez, Wanda Subject: RE: Ad Confirmation Hi Teresa, I am so sorry about that. (I copied the CAO Title). I am sure of the name. Might it be possible to change it to "Agave Southwestern Grill ?" Nancy - - - -- Original Message---- - From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.coml Sent: Friday, May 25, 2012 3:53 PM To: GundlachNancy Subject: RE: Ad Confirmation If you are referring to the first line of the reso title, that is how you had it and we do it the way you have it. - - - -- Original Message---- - From: GundlachNancy [mailto :NancyGundlach @colliergov.netl Sent: Friday, May 25, 2012 3:51 PM To: Teresa L. Polaski; Rodriguez, Wanda Subject: RE: Ad Confirmation Hi Teresa, The only thing that I see is that "Agave Grill" is actually known as "Agave Southwestern Grill." Regards, Nancy Nancy Gundlach, AICP, RLA Principal Planner (239)252 -2484 - - - -- Original Message---- - From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.coml Sent: Friday, May 25, 2012 3:47 PM To: GundlachNancy; RodriguezWanda Subject: FW: Ad Confirmation Please Review 1 NOTICE OF INT ENT TO CONSIDER RESOLUTION 17B -11 lNotice is hereby given that the Board of County Commissioners, as the Board of Zoning Ap als, of Collier cau?-1t will hold a public hearing on Tuesday, June 26, 012 in # e Boardroom, 3rd F� or, Administration Building. Collier Co unt} Government -ment Center, 3259 East Tami mi Trail, Naples, Florida The meeting will begin at 9 °00 A.M. The title of the proposed resolution is as follows: SV-PL20110002805, Agave Southwestern Grill, A Resolution of the Board of Zoning Appeals of Collier County, Florida re axing to Petition Number SV-PL20110002805 granting a variance from Section 5.06.04.F of the Land Development Code to allow two k Vall signs on one building consisting of an existing wall sign of 93.33 square . feet on the northern building °made and a second wall sign of up to 96 square feet on the western facade of its boil i"! � ihich is located at 2380 Vanderbilt Beach Rnac n 'Se -tion 02, r.'t oiship- South Bangs 25 East, Collipr County, Florida. Copies of the proposed Resolution are on file lvvith the Clerk to the Board and are available for inspection. All interested parties are invited to a"end and be heard. NOTE All Persons wishing to speak on any agenda item must reg ster y kith the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers %vill he lirnited to 3 minutes on any item. The selection of an individual to speak o� behalf of -dn of a iiza ivri r io p is encouraa ed. if recognize-cl by the Cl a !�, a spokesperson for a group or organisation may be allotted 10 minutes to speak an an 6m. Persons wishing to have vritten or graphic materials inc hided in the, Board agenda packets must submit said material a rnrnimum of 3 peeks prior to the respective public hearing, in any'case virritten 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 cif the proceedings pertaining thereto and thecefo e, may need to ensure that a verbatim record of the proceedings is made, %xhic h record includes the testimony and evidence upon whith the appeal is based. If you are a person with a disability who reeds any accommodation in order to oarticipate in this proceeding,.- you are entitled. at no cost to you, to the provision oftertain assistance. please contact the Collier Courttyo Facilities Management Department, located at 3,335 Tamiarni Tr°aii East, Building W, Naples, Florida 34112, 1239 x'52 -8380. Assisted l ster i ng devices for the hearing unpaired are available in the County Commissioners' Office, BOARD OF CO N71Y COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLOPIDA REIN COY E, CHAIRMAN DWIGHT E, BROCK, CLERK By. eresa� Canon, Depute Clerk (SEAL) Jane i, 2012 No. 1951212 Teresa L. Polaski 17B From: GundlachNancy <NancyGundlach @colliergov.net> Sent: Friday, May 25, 2012 4:46 PM To: Teresa L. Polaski Cc: Rodriguez, Wanda Subject: RE: Ad Confirmation Hi Teresa, The ad looks good. Thank you for all of your help today. Nancy - - - -- Original Message---- - From: Teresa L. Polaski f mailto: Teresa .Polaski @collierclerk.coml Sent: Friday, May 25, 2012 4:13 PM To: GundlachNancy; RodriguezWanda Subject: FW: Ad Confirmation Revised - - - -- Original Message---- - From: Green, Amy fmailto:AGreen @Naplesnews.coml Sent: Friday, May 25, 2012 4:11 PM To: Teresa L. Polaski Subject: Ad Confirmation I fixed it. Thank You, Naples News Legals Thank you for placing your ad. Date 05/25/12 Publication NDN Account Number 744102 Ad Number 1951212 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. I W0111 Teresa L. Polaski From: RodriguezWanda <WandaRodriguez @colliergov.net> Sent: Friday, May 25, 2012 4:51 PM To: Minutes and Records Cc: Gundlach, Nancy; Ashton, Heidi; Neet, Virginia Subject: FW: Ad Confirmation Attachments: UAS7FCjpg OK to proceed. iNamtcz A )di- igitez, _?lCI' -Advancer Certified- Para.CegaC phone: (23g) 252 -8400 fax: (23.()) 252 -6300 New address as of November 1 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112 -5749 - - - -- Original Message---- - From: Teresa L. Polaski [mailto: Teresa. Polaskigcollierclerk.coml Sent: Friday, May 25, 2012 4:13 PM To: GundlachNancy; RodriguezWanda Subject: FW: Ad Confirmation Revised - - - -- Original Message---- - From: Green, Amy [ mailto:AGreengNaplesnews.com] Sent: Friday, May 25, 2012 4:11 PM To: Teresa L. Polaski Subject: Ad Confirmation I fixed it. Thank You, Naples News Legals Thank you for placing your ad. Date 05/25/12 Publication NDN Account Number 744102 Ad Number 1951212 Total Ad Cost $259.38 1 Martha S. Vergara 170 From: Naples Daily News <naplesnews @clicknbuy.com> Sent: Thursday, May 31, 2012 11:09 PM To: Martha S. Vergara Subject: Thank you for placing your classified advertisement. Ad # 1951212 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: 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, June 26, 2012, 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: SV- PL20110002805, Agave Southwestern Grill, A Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number SV- PL20110002805 granting a variance from Section 5.06.04.F of the Land Development Code to allow two wall signs on one building consisting of an existing wall sign of 93.33 square feet on the northern building faade and a second wall sign of up to 96 square feet on the western faade of its building which is located at 2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range 25 East, Collier County, Florida. 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 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 FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) June 1, 2012 No. 1951212 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. 17B Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - j- - - - - - - - - - - - - - - - - - - - - - - - - BCC /ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 REFERENCE: 068779 59690798 NOTICE OF INTENT TO State of Florida Counties of Collier and Lee AD SPACE: 8 6 LINE Before the undersigned authority, personally SEAL' 01 No. 19512]2 appeared Barbara Boyer, says that she serves as the Sales Coordinator, Of the Naples Daily N NOTICE OF INTENT TO CONSIDER RESOLUTION daily newspaper published at Naples, In Coll 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, June 26, County, Florida: distributed in Collier 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Center, 3299 East Tamiami Trail, Naples, Florida. The meeting will and Lee counties of Government begin at 9:00 A.M. The title of the proposed resolution is as follows: Florida; that the attached copy of advertisi SV- PL20110002805, Agave Southwestern Grill, A Resolution of the Board of Zoning Florida relating to Petition Number SV- Podet00llow published in said newspaper on dates listed. Appeals a collier county, t granting a variance from Section 5.06.04.E of the Land Development Code to allow two wall signs on one building consisting of an existing wall sign of 93.33 square sign of up to 96 square feet Af f iant further says that the said Naples feet on the northern building fa4ade and a second wall the western fa4ade its building which is located at 2380 Vanderbilt Beach News is a newspaper published at Naples, in on .of Road in Section 02, Towriship 49 South, Range 25 East, Collier County, Florida. Collier County, Florida, and that the said Copies of the proposed Resolution are on file with the Clerk to the Board and are All interested parties are invited to attend and be heard. newspaper has heretofore been continuously available for inspection. NOTE: All Persons wishing to speak an any agenda item must register with the day nd has been entered as second class mai. Y 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 matter at the post office in Naples, In said p P 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 Collier County, Florida, for a period of 1 ye allotted lominutesto speak on an item. next preceding the first publication Of the 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 to be considered by the attached CO Of advertisement and affiant PY public hearing. In any case, written materials intended Board shall be in to the appropriate County staff a minimum of seven days All used in presentations before the Board further says that he has neither paid nor prior c the public hearing. material will become a permanent part of the record. promised any person, firm Or corporation any Any person who decides to appeal a decision of the Board will need a record of the discount, rebate, commission or refund for the recorddofsthertparoeedngstiiss made, which recordeincludessthettestimony and upon which the appeal is based. purpose of securing this advertisement for evidence publication in the said newspaper. 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 34112, PUBLISHED ON • 06/01 (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 FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK MY COMMISSION # DD 881614 EXPIRES: June 27, 2013 Bonded Thru Notary Public Und_ e�n(ets By: Teresa Cannon, Deputy Clerk AD SPACE: 8 6 LINE SEAL' 01 No. 19512]2 FILED ON: 06/01/12 -------------------------------------------------- Signature of -A -Lan, K4"--C_ Sworn to and Subscribed before me his day o 201' Personally known by me YLQ� MY COMMISSION # DD 881614 EXPIRES: June 27, 2013 Bonded Thru Notary Public Und_ e�n(ets ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 17B THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the entire of the (`hai —h— dram a line th—h rn .6— lines fi 1 th--h 0A emm.lete the checklist and fnrmard to Cue Filsnn (line #5) Route to Addressee(s) (List in routing order) Office Initials Date 1. Judy Puig GMD -P & R/Operations & Regulatory Mgmt. Dept. (Initial) co I Z 2. Agenda Item Number 17.13. Approved by the BCC 3. Type of Document 4. Number of Original 1 Attached 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners 6. Minutes and Records Clerk of Court's Office -- ag-- �>(Y\ PRIMARY CONTACT INFORMATION 5pm (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the Name of Primary Staff Nancy Gundlach Phone Number 239- 252 -2484 Contact appropriate. (Initial) Applicable) Agenda Date Item was June 26, 2012 Agenda Item Number 17.13. Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution 2� _ Number of Original 1 Attached Q 1 Documents Attached 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. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC �n Chairman and Clerk to the Board and possibly State Officials.) Y 1 7 All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain \n time frame or the BCC's actions are nullified. Be aware of your deadlines! 1 ` 6. The document was approved by the BCC on June 26, 2012 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 17B t° MEMORANDUM Date: June 27, 2012 To: Nancy Gundlach, Principal Planner Comprehensive Planning GMD From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Resolution 2012 -119 Agave Southwestern Grille - Petition #SV- PL20110002805 Attached for your records is a copy of the document referenced above, (Item #1711) adopted by the Board of County Commissioners on Tuesday, June 26, 2012. The Minutes and Record's Department will hold the original in the Board's Official Records. If you have any questions, please call me at 252 -7240. Thank you 17B ' 1��- i RESOLUTION NO. 12- 119 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER SV- PL20110002805 GRANTING A VARIANCE FROM SECTION 5.06.04.F OF THE LAND DEVELOPMENT CODE TO ALLOW TWO WALL SIGNS ON ONE BUILDING CONSISTING OF AN EXISTING WALL SIGN OF 93.33 SQUARE FEET ON THE NORTHERN BUILDING FACADE AND A SECOND WALL SIGN OF UP TO 96 SQUARE FEET ON THE WESTERN FACADE OF ITS BUILDING WHICH BUILDING IS LOCATED AT 2380 VANDERBILT BEACH ROAD IN SECTION 02, TOWNSHIP 49 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 variances; and WHEREAS, Petitioner owns and operates the property located at 2380 Vanderbilt Beach Road in Collier County, Florida and seeks to add additional signage on the property; 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 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- PL20110002805 filed on behalf of A & D Real Estate Holdings II by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. with respect to the property located in Section 02, Township 49 South, Range 25 East, Collier County, Florida, and more particularly described as: Unit 500 of Olympia Park, a Land Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 2763, Page 131 through 190, inclusive, as amended in Official Records Book Agave Southwestern Grill /SV- PL2011 -2805 Page 1 Rev. 5/18/12 17B 3875, Page 2975, and subsequent amendments thereof, all of the Public Records of Collier County, Florida, be and the same hereby is approved for two wall signs in the aggregate of 189.33 square feet as shown on the attached Exhibit "A" and subject to the Conditions of Approval attached as Exhibit «B„ BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- PL20110002805 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this 2� day of , 2012. ATTEST: DWIGHT; E'. )�RQCK, CLERK M-�- a - � _ Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A — Sign Variance Site Plan Exhibit B — Conditions of Approval CP\ 12- CPS - 0113 7\20 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: f FRED W. COYLE, Chairman Agave Southwestern Grill /SV- PL2011 -2805 Page 2 Rev. 5/18/12 LA 17B� 0 oe O O AREA OF SIGN VARIANCE .7 b STOP STO EXISTING I WALL SIGN PROPOSED WALL SIGN UNDEVE AGAVE VE -q. SOUTHWESTER GRILLE dOIS LOAD STU • • - 00 --Aoisl to 00 00 0000 N 6 STOP 0 20' 40' SCALE: 1" = 40' SCALE: limits Springs 239.947.1144 A & D REAL ESTATE HOLDING 1I Myers 23M90.4380 jou coDE: GradyMinor North Port 941.426.5858 a. Mides, 239.444.2397 SIGN VARIANCE DATE: Civil Engineers • Land Surveyors • Planners • Landscape Architects SITE PLAN FILE SE NP277" CERT. OF AUHI. EB 0005151 CERT. OF AUTH. LB 0005151 BUSINESS LC 26000266 M—.GradyNftnorxom Q. Grady Minor and Associates. PA. �.�EET.F I EXHIBIT A 17B CONDITIONS OF APPROVAL FOR SV- PL2011000285 The additional wall sign is limited to a maximum of 96 square feet and is allowed on the western building facade facing towards Vanderbilt Beach Road. EXHIBIT B