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Backup Documents 06/26/2012 Item #17C17C COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) Originating Dept/ Div: GMD /Zonine Person: Fred Reischl, Senior Planner Date: June11, 2012 Petition No. (If none, give brief description): Creekside Commerce Park CPUD — Retail Tire Sales Petitioner: (Name & Address): D. Wayne Arnold, AICP; Q. Grady Minor & Associates; 3800 Via Del Rey; Bonita Springs, FL 34134 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC X BZA Other Requested Hearing date: Tuesday, June 26, 2012. Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: See Attached Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes. No 131- 138326- 649100 -00000 Reviewed by: Division Administrator or Designee Date List Attachments: If Yes, what account should be charged for advertising costs: 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 OFFI E TE ONLY: Date Received: > v Date of Public hearing: A0 Date Advertised: �C' June 11, 2012 Board of County Commissioners Public Hearing 17C Advertisinq Requirements r�t�A Please publish the following Advertisement n June 2012, and furnish proof of publication to the attention of Fred Reischl, Senior Planner in the Land Development Services Department, Planning and Zoning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches Iona 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 Planning and Zoning Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 17C � -1 Acct. #068779 June 11, 2012 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, FL 34110 RE: Creekside Commerce Park CPUD Dear Legals: Please advertise the above referenced petition on Friday, June 15, 2012, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500131207 17C 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 Zoning Appeals (BZA) will consider the enactment of a Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA APPROVING RETAIL TIRE SALES WITH MINOR AUTOMOTIVE REPAIRS AS A PERMITTED USE IN THE CREEKSIDE COMMERCE PARK CPUD. THE SUBJECT PROPERTY IS LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA. [COORDINATOR: FRED REISCHL, AICP, SENIOR PLANNER] 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 COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts June 1 1, 2012 `nt of CLERK OF THE C11 COLLIER COUNTY, 3301 TAMIAMI P.O. BOX 4 NAPLES, FLORIDA Q. Grady Minor & Associates D. Wayne Arnold 3800 Via Del Rey Bonita Springs, FL 34103 RE: Creekside Commerce Park CPUD Dear Petitioner: llier :Ct�IT COURT AST kIL EAST Clerk of Courts AIL 044 Accountant X4101 -3444 Auditor Custodian of County Funds 17C ^' " Please be advised that the above referenced petition will be considered by the Board of County Commissioners 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 15, 2012. 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.collierelerk.com Email: collierclerk(acollierclerk.com Martha S. Vergara 17C From: Martha S. Vergara Sent: Monday, June 11, 2012 3:58 PM To: Naples Daily News Legals Subject: Creekside Commerce Park CPUL) Attachments: Creekside Commerce Park CPUD (6- 26- 12).doc; Creekside Commerce Park CPUD (6- 26- 12).doc Legals, Please advertise the following attached ad on Friday. June 15, 2012. Please forward an ok when received. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergara e,collierclerk.com 17C 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 Zoning Appeals (BZA) will consider the enactment of a Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA APPROVING RETAIL TIRE SALES WITH MINOR AUTOMOTIVE REPAIRS AS A PERMITTED USE IN THE CREEKSIDE COMMERCE PARK CPUD. THE SUBJECT PROPERTY IS LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA.. [COORDINATOR: FRED REISCHL, AICP, SENIOR PLANNER] 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 COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Martha Vergara Deputy Clerk (SEAL) Martha S. Vergara 17C From: Martha S. Vergara Sent: Tuesday, June 12, 2012 10:11 AM To: Neet, Virginia; Reischl, Fred; Ashton, Heidi; Rodriguez, Wanda Subject: RE: NDN Ad - Creekside Commerce Park CPUD This ad must be complete and to NDN by before noon, please advise if you want me to kill this ad and move it to the next meeting. Thanks, Martha From: NeetVirginia [ mailto :VirginiaNeet(a)colliergov.netl Sent: Tuesday, June 12, 2012 10:01 AM To: Martha S. Vergara; Reischl, Fred; Ashton, Heidi; Rodriguez, Wanda Subject: RE: NDN Ad - Creekside Commerce Park CPUD Fred: Per your emails with Wanda and Heidi yesterday, this title needs to be revised to that drafted by Rich Yovanovich and approved by Heidi which is outlined in an email to you dated 6/6/12. Dinny Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 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. From: Martha S. Vergara [mailto: Martha .Veraara(a)colliercierk.coml Sent: Tuesday, June 12, 2012 9:38 AM To: ReischlFred; NeetVirginia; AshtonHeidi; RodriguezWanda Subject: NDN Ad - Creekside Commerce Park CPUD Good Morning All, Attached is the proof from NDN... I have already sent an e-mail asking her to place a line space after the title, I will resend the add as soon as I get the revised ad... but please review to see if there are any other changes.. 1 Martha S. Vergara 1 C . '�. From: AshtonHeidi <HeidiAshton @colliergov.net> Sent: Tuesday, June 12, 2012 10:23 AM To: Martha S. Vergara; Reischl, Fred; Neet, Virginia; Rodriguez, Wanda Subject: RE: NDN Ad - Creekside Commerce Park CPUD Martha, The title you have in BOLD is not correct. Can you use this, pretty please? A Resolution of the Board of Zoning Appeals of Collier County, Florida determining that a tire store with minor automotive repairs is a comparable and compatible land use to other permitted uses, and therefore, is a permitted use within the Business District designated area of the Creekside Commerce Park PUD, as authorized in Section 4.3.A.14 of Ordinance 06- 50. The subject property is located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. �feidi rfalstoa- Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: Martha S. Vergara jmai Ito: Martha .Vergara(&colIierclerk.com] Sent: Tuesday, June 12, 2012 9:38 AM To: ReischlFred; NeetVirginia; AshtonHeidi; RodriguezWanda Subject: NDN Ad - Creekside Commerce Park CPUD Good Morning All, Attached is the proof from NDN... I have already sent an e-mail asking her to place a line space after the title, I will resend the add as soon as I get the revised ad... but please review to see if there are any other changes.. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.vergarakcolliercierk.com Please visit us on the web at www.collierclerk.com 1 Martha S. Vergara 17C From: Green, Amy <AGreen @Naplesnews.com> Sent: Tuesday, June 12, 2012 10:24 AM To: Martha S. Vergara Subject: Ad Confirmation Attachments: UAS9EB jpg Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 06/12/12 Publication NDN Account Number 744102 Ad Number 1952797 Total Ad Cost $249.06 �. 17 C -0 > -q y 0m°°° ut ^ o: 11 n- z t xm Cp v -5), OIL. 3 '.o3 fl P (y O € C3 vo -a m3 * � ° -IMP =0 cam- N s � tr, 2: �^ ^' ro c"'C�vfU n +crt r,s oho rorr �n zv+C1z°'- Or CL co r- o n zr �, ro �_ a. _ :a ql w �+ � ate- c o ,, � Ga 6 c IU IA ap IMl :a o ° t - ] A X r p t (a 02 > m G s p C , p °« l� _ _I gr� O * 4q, � r ° r' "2-T 0 rt- ci ma ci°—' 3 0.d 03 V c7`ar)SON ,o°a c rU ro -= m .-. _. -� �, - Q C} n -Q _ S N 7 v► - ° �ts h n n. t m � O M W. ' w � � L M 5. § M. I O z rm KL O � eb m vi :0 z >� O r a u C ro + � 4 Cy i' R, n Q 3 �`i. tD £ CL rA 0. m C3 Si - �> `r' i-+ C2.'� del 47 :L rk Gi f2 t15 {7U i5 yt 4fi ^ ntg M'a 0 t�; a ?mcy`�' 2 -0 rar* nz°on 0>3s rt CL F r.' c C 3 , - tts SS C 0- rp g-r CL O m Q O 7 1p; Q tp 7J. Cr,rp rp r- ' + rp. ik p "' .� CZw N n rk u'' A -1 "� r _ 14 o m � Q c77 y nt n m �D O � a. u,toC76o +qo -,, CL n1 a "±. ^ O 3 iii tO C1 m •.. tD y m w C + m rl cn ` 5. rP ] -r d * n t7. -�,. cn m �' O '- aL 'M rp mC Lm W cu -�: M-1 m ro r m -41< , m Mar 17C a t a S. Vergara From: AshtonHeidi <HeidiAshton @colliergov.net> Sent: Tuesday, June 12, 2012 10:27 AM To: Martha S. Vergara Subject: RE: NDN Ad - Creekside Commerce Park CPUD Martha, THANK YOU!! You saved the day! Have a great day! qe,4 444r . - 6ic& Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: Martha S. Vergara [ mailto: Martha .Vergara(�bcollierclerk.comI Sent: Tuesday, June 12, 2012 10:25 AM To: AshtonHeidi Subject: RE: NDN Ad - Creekside Commerce Park CPUD Sure Thanks Hiedi!! M From: AshtonHeidi [mailto: HeidiAshtonacolliergov.net] Sent: Tuesday, June 12, 2012 10:23 AM To: Martha S. Vergara; Reischl, Fred; Neet, Virginia; Rodriguez, Wanda Subject: RE: NDN Ad - Creekside Commerce Park CPUD Martha, The title you have in BOLD is not correct. Can you use this, pretty please? A Resolution of the Board of Zoning Appeals of Collier County, Florida determining that a tire store with minor automotive repairs is a comparable and compatible land use to other permitted uses, and therefore, is a permitted use within the Business District designated area of the Creekside Commerce Park PUD, as authorized in Section 4.3.A.14 of Ordinance 06- 50. The subject property is located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. 1 ic: Martha S. Vergara From: ReischlFred <FredReischl @colliergov.net> Sent: Tuesday, June 12, 2012 11:10 AM To: Ashton, Heidi; Neet, Virginia; Martha S. Vergara; Rodriguez, Wanda Subject: RE: REVISED Creekside Commerce Park CPUD AD.. I really appreciate everyone's help! From: AshtonHeidi Sent: Tuesday, June 12, 2012 11:09 AM To: ReischlFred; NeetVirginia; Martha S. Vergara; RodriguezWanda Subject: RE: REVISED Creekside Commerce Park CPUD AD.. Thanks All!! '�fetdi r�alYax- ecc�ca Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: ReischlFred - - Sent: Tuesday, June 12, 2012 11:03 AM To: NeetVirginia; Martha S. Vergara; AshtonHeidi; RodriguezWanda Subject: RE: REVISED Creekside Commerce Park CPUD AD.. Looks good with the hyphen. Thanks! From: NeetVirginia _ Sent: Tuesday, June 12, 2012 11:02 AM To: Martha S. Vergara; AshtonHeidi; ReischlFred; RodriguezWanda Subject: RE: REVISED Creekside Commerce Park CPUD AD.. Martha: That ad reflects the correct title per Heidi's request. Reference to Ordinance 06 50 needs a hyphen. Thanks again Dinny From: Martha S. Vergara fmailto :Martha.Vergara(�bcollierclerk comj Sent: Tuesday, June 12, 2012 10:53 AM To: AshtonHeidi; ReischlFred; NeetVirginia; RodriguezWanda Subject: REVISED Creekside Commerce Park CPUD AD.. Please review for changes ASAP and advise.. i News Naples Daily Ne s 1 Naples, FL 34110 Affidavit of Publication Naples Daily News -------------------------------------------------- +------------------ - - - - -- BCC /ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 REFERENCE: 068779 59692005 NOTICE OF PUBLIC HEA State of Florida Counties of Collier and Lee Before the undersigned authority, personal' appeared Barbara Boyer, says that she serves the Sales Coordinator, of the Naples Daily N daily newspaper published at Naples, in Coll County, Florida: distributed in Collier and Lee counties of Florida; that the attached copy of advertisi published in said newspaper on dates listed. Affiant further says that the said Naples News is a newspaper published at Naples, in Collier County, Florida, and that the said newspaper has heretofore been continuously day and has been entered as second class mai matter at the post office in Naples, in said Collier County, Florida, for a period of 1 yl 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 tl purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 06/15 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 Zoning Appeals (BZA) will consider the enactment of a Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA DETERMINING THAT A TIRE STORE WITH MINOR AUTOMOTIVE REPAIRS IS A COMPARABLE AND COMPATIBLE LAND USE TO OTHER PERMITTED USES, AND THEREFORE, IS A PERMITTED USE WITHIN THE BUSINESS DISTRICT DESIGNATED AREA OF THE CREEKSIDE COMMERCE PARK PUD, AS AUTHORIZED IN SECTION 4.3.A.14 OF ORDINANCE- 06 -50. THE SUBJECT PROPERTY IS LOCATED IN SECTION 27, TOWNSHIP 48 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 resppective 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: Martha Vergara Deputy Clerk (SEAL) limp 1 S. 2612 N,.195-)797 AD SPACE: 84 LINE FILED ON: 06/15/12 ------------------------ -------------------------+------------------------ Signature of Affiant Sworn to and Subscribed bef�re me t VL 6�L of 20 /1L Personally known by me kuju CAROL PAWLINSKI *: MY COMMISSION # EE 45538 a: EXPIRES: November 28, 2014 Bonded Thru Pichard Insurance Agency ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1.7 C 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 #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's sienature, draw a line through routing lines #I through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date I. appropriate (Initial) Applicable) 2. June 26, 2012 Agenda Item Number 17.C. 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Resolution Number of Original 1 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION IC- f (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 item.) Name of Primary Staff Fred Reischl Phone Number 252 -4211 Contact appropriate (Initial) Applicable) Agenda Date Item was June 26, 2012 Agenda Item Number 17.C. Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution Number of Original 1 Attached 1,011".1 IV Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 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, FP 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 Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's N/A 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 f� 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 fiP sip-nature 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. f-D Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BZA Juneuly 26, 2012 and all changes made during the meeting have been incorporated in the attached document. The County fiP Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17C'f-4 RESOLUTION NO. 12- 12 0 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA DETERMINING THAT A TIRE STORE WITH MINOR AUTOMOTIVE REPAIRS IS A COMPARABLE AND COMPATIBLE USE WITHIN THE BUSINESS DISTRICT DESIGNATED AREA OF THE CREEKSIDE COMMERCE PARK CPUD, AS AUTHORIZED IN SECTION 4.3.A.14 OF ORDINANCE 06 -50. THE SUBJECT PROPERTY IS LOCATED IN SECTION 27, TOWNSHIP 48 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 rezoning of land to Planned Unit Development (PUD); and WHEREAS, on October 24, 2006, by Ordinance 06 -50, the Board of County Commissioners of Collier County approved a Commercial Planned Unit Development (CPUD) known as the Creekside Commerce Park CPUD for the subject property; and WHEREAS, Section 4.3.A of the Creekside Commerce Park CPUD provides for certain permitted uses, including Subsection 4.3.A.14, "any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District"; and WHEREAS, the Petitioner, D. Wayne Arnold, AICP, on behalf of the property owner, Creekside West, Inc., requested a determination as to the property described in Exhibit "A" that a tire store with minor automotive repair is a comparable and compatible use to the permitted uses of the business district area of the CPUD; and WHEREAS, the PUD permits "convenience store and gasoline filling station" uses; and WHEREAS, the Growth Management Division Administrator (successor to the Community Development and Environmental Services Administrator) determined that "retail tire sales with minor automotive repair" is a pemnitted use in the CPUD by Zoning Verification letter dated June 18, 2012, attached as Exhibit "B"; and WHEREAS, staff requests an affirmation of the Administrator's determination by the Board of Zoning Appeals that a tire store with minor automotive repair is a comparable and compatible use within the business district designated area of the Creekside Commerce Park CPUD according to Section 4.3.A.14 of the CPUD; and Creekside Commerce Park CPUD Rev. 6/19/12 1 of 2 17C WHEREAS, the Board of Zoning Appeals has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code, and has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered granting the request by Creekside West, Inc., as stated herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that as to the property described in Exhibit "A ": The Zoning Verification letter dated June 18, 2012 is affirmed; and a fire store with minor automotive repair is a comparable and compatible use within the business district designated area of the Creekside Commerce Park CPUD according to Section 4.3.A.14 of the CPUD, subject to the following conditions: (a) The property described in Exhibit "A" shall not have a driveway connection to Immokalee Road; and (b) Any bay doors or overhead doors on buildings or structures located on the property described in Exhibit "A" shall not face Immokalee Road. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this +1, This Resolution adopted after motion, second and majority vote, this �(.o day of 2012. ATTEST. DWIGHT: BROCK,'ELRK By: r _ #s b0 Qi.1 `Out erk stpatwe i Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A — Legal Description Exhibit B — Zoning Verification Letter 12- CPS - 01174/6 Creekside Commerce Park CPUD Rev. 6/19/12 2 of 2 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: LJ, FRED W. COYLE, Chairman 17C I" EXHIBIT A LEGAL DESCRIPTION LOT 3, UNIT ONE OF THE CREEKSIDE COMMERCE PARK WEST - UNIT ONE SUBDIVISION PLAT RECORDED IN PLAT BOOK 29, PAGES 57 -58 OF THE PUBLIC RECORDS OF COLLIER COUNTY LESS AND EXCEPT THE PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3662, PAGE 1812, ET SEQ. OF THE PUBLIC RECORDS OF COLLIER COUNTY AND THE EAST 32.84 FEET OF LOT 3 12- CPS - 01174/7 Planning & Regulation Land DeveloprTient Services June 18, 2012 D. Wayne Arnold, AICP Q. Grady Minor & Assocites, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Re: Request regarding Creekside Commerce Park CPUD Administrative Determination in Section 27, Township 48 South, Range 25 East, Collier County, Florida. Dear Mr. Arnold: Thank you for your request for an Administrative Determination per Section 4.3.A.14 of the Creekside Commerce Park CPUD. This section of the CPUD permits the Administrator to determine if a use is consistent with the other uses in the CPUD. You requested verification of the use of a tire store with minor automotive repair on the subject site. Your letter cites research and concludes that a tire store with minor automotive repair is comparable with other uses in the CPUD, is consistent with the intent of the CPUD, and is a compatible land use within the CPUD. Based on the research and analysis presented, it is the opinion of the Growth Management Division Administrator (successor -in- authority to the Community Development and Environmental Services Administrator) that the following land use is a permitted use in the Creekside Commerce Park CPUD: Tire Store with Minor Automotive Repair, with the following conditions: • There shall be no direct access to Immokalee Road. • Bay doors /overhead doors shall not face Immokalee Road. • This determination is specific to Parcel ID number 29331190725. Please note: according to the Office of the County Attorney, this determination must be affirmed by the Board of Zoning Appeals before becoming official. You will be notified when a hearing is scheduled and when advertising fees are due. Please be advised that the information presented in this letter is based on the Collier County Land Development Code and /or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency +, \. <)!e° Department of Land Development Services • 2800 North Horseshoe Drive • Naples, FL 34104 • 239 - 252 -2400 • www,colliergov.net Exhibit B Page _I of„� 17C related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252 -6064 or nickcasalanguida @colliergov.net. Sincerely, Raymond V. Bellows, Planning Manager Gr h Management Division r ick Casalanguida, Administrator l Growth Management Division cc: Mike Bosi, AICP, Zoning Director Fred Reischl, AICP, Senior Planner Peggy Jarrell, Addressing Section Laurie Beard, Commitment Tracking Exhibit B Page ,.a— of„ a-