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Backup Documents 12/11-12/2012 Item #17A 17A 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/Zoning Person: Nancy Gundlach, Principal Planner Date: October 11, 2012 Petition No.(If none,give brief description): CU -PL20110001757, Mac Business Plaza CU Petitioner: (Name&Address): Mr. Christopher Shucart JCS Realty Group LLC 2614 Tamiami Trail North Suite#615 Naples, FL 34103 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, November 13, 2012 Based on advertisement appearing 20 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. If Yes,what account should be charged for advertising costs: 131-138326-649100- 00000 Reviewed by: /Q..!/• 1z_ Division ministrator or Designee Date List Attac ments: 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: Date of Public hearing: Date Advertised: 17A1 October 11, 2012 Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Friday, October 19, 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 17A NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, November 13, 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: CU-PL20110001757, Mac Business Plaza, a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use in a C-3 zoning district to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code for property located at the southeast corner of Tamiami Trail East and Barefoot Williams Road in Section 33, Township 50 South, Range 26 East, Collier County, Florid [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner)A Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use in a C-3 zoning district to allow up to four buildings on four different parcels of up to 15,000 square feet of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code for property located at the southeast corner of Tamiami Trail East and Barefoot Williams Road in Section 33, Township 50 South, Range 26 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) 17A RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN A C-3 ZONING DISTRICT TO ALLOW UP TO FOUR BUILDINGS ON FOUR DIFFERENT PARCELS OF UP TO 15,000 SQUARE FEET EACH OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURES FOR FOOD STORES, FOOD SERVICES, PERSONAL SERVICES, VIDEO RENTALS, OR RETAIL USES PURSUANT TO SUBSECTIONS 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 AND 2.03.03.C.1.c.17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TAMIAMI TRAIL EAST AND BAREFOOT WILLIAMS ROAD IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County 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 (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected,has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use in a C-3 Zoning District to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to Subsections 2.03.03.C.1.c.l0, 2.03,03.C.1.c.16 and 2..03,03.C.1.c.17 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D.of the Land Development Code;and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Mac Business Plaza LLC\CU-PL201 1-1757 Revised 10/05/12 Page 1 of 2 17A Petition Number PL20110001757 filed by New Horizon Properties, LLC with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use in a C-3 Zoning District to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to Subsections 2.03.03.C.1.c.10,2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the Conditions found in Exhibit "C". Exhibits "A", "B", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-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: yky Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C—Conditions of Approval CP\12-CPS-01161\34 Mac Business Plaza LLC\CU- PL2011-1757 Revised 10/05/12 Page 2 of 2 17 LEGAL DESCRIPTION COMMENCE AT THE WEST QUARTER OF SAID SECTION 33,PROCEED NORTHERLY ALONG THE SECTION LINE BETWEEN SAID SECTION 33 AND 32,TOWNSHIP 50 SOUTH,RANGE 26 EAST,NORTH 2 DEGREES 49 MINUTES 48 SECONDS EAST,884.91 FEET TO A POINT ON THE SOUTH RIGHT-OF WAY LINE OF U.S.41; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE,44/4 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 3,210.55 FEET,A CENTRAL ANGLE OF 0 DEGREES 47 MINUTES 22 SECONDS,AND A CHORD DISTANCE OF 44.23 FEET,BEARING SOUTH 54 DEGREES I MINUTE 20 SECONDS EAST TO A POINT OF TAGENCY. THENCE SOUTH 54 DEGREES 25 MINUTES 1 SECOND EAST,ALONG SAID RIGHT OF WAY LINE 112437 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 54 DEGREES 25 MINUTES 1 SECOND EAST,600.00 FEET ALONG SAID RIGHT OF WAY LINE;THENCE SOUTH 35 DEGREES 34 MINUTES 59 SECONDS WEST,321.16 FEET; THENCE NORTH 54 DEGREES 25 MINUTES 1 SECOND WEST,541.69 FEET,TO A POINT ON THE EAST RIGHT OF WAY LINE OF BAREFOOT WILLIAMS ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE 132.69 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 140.00 FEET,A CENTRAL ANGLE OF 54 DEGREES 18 MINUTES 18 SECONDS,AND A CHORD DISTANCE OF 127.78 FEET BEARING 8 DEGREES 25 MINUTES 50 SECONDS EAST TO A POINT OF TANGENCY;THENCE NORTH 35 DEGREES 34 MINUTES 59 SECONDS EAST,207.46 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 438 ACRES,MORE OR LESS. Exhibit "A" 17 A __, _ z ... , W p O '979,1°;'-3,8 q1- 6 ,F al �jQQQ7 -m rfQyj' L p rt . v J BAREFOOT WIWAMS ROAD I Ell a r " '-' 77.7..' ' � a -► _:- te r, / a O W a ( 1 !°, 1x k } g NNz1 gg � a I Q...2-0 )'(6'(61-1�m Q I ' „„ :6, 0/ I® ( -•z8 § LEI�� � > I I R ,c-�'nN� p gg,,4,,r, i>, l'E / I i p _, 1 1 1 1 I V N tra . ,.,.. it c 1 0. i 1.4, - i-:4'8'.!; , , 4 --, 1 Ka 111 ph Ljt: li› i ” ttt F 2.— ...NI 73 N 6c-5 igni ■■ Lri W i z ^ 1 1 1 1 1 Ill `��. A. iptig m- r., m- D [Q ` 1 f�f�,++ m $� 4 ■ _—_— �� _■ - ,, e=]gg IE lO v96.P1 11 IP . ~N � ^� w � pYYf"'y� I 2 ' X61 n1 InN j (f� zy y. � I I t , p]ipg.p$,., ' ~ 1 9 4"� O> ,, N{r' �2 d • 0� �d{ • E t �'i yyn C2 r7 Oty Z3�ti' $C7 , %tl��77t . ..�� 1 $Rz o,gt ag A � n ~ ! N _a g e e., g .i 0„ ° ©' : Q� g t t f— Fo o a V,52 ® I I o l VA CONDITIONS OF APPROVAL FOR CU-PL2011-1757 At the time of this Conditional Use approval, the site plan (attached as Exhibit "B") is conceptual and the final building configuration is unknown. The size of the buildings and development standards based on building size on the final Site Development Plan (SDP) may accordingly deviate from Exhibit "B" provided that conditions of Exhibit "C" are otherwise met. The purpose of the subject Conditional Use is to allow certain land uses to have 15,000 square foot buildings, which is larger than the 5,000 square foot buildings permitted in the C-3 zoning district for food stores, video rental, or retail uses; and 6,000 square feet permitted for food services. The Site Development Plan (SDP) as it relates to this Conditional use submitted shall meet the following Conditions of Approval: 1. The maximum aggregate gross floor area permitted on the subject 4.48 acre site is 35,000 square feet. 2. The maximum gross floor area for any one building is 15,000 square feet. 3. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 4.48 acre site under common ownership or the property may be subdivided in accordance with the LDC into 2, 3 or 4 parcels. 4. Outdoor music and televisions shall be limited to the area adjacent to and forward of the front facades of the buildings along East Tamiami Trail (US 41). There will be no amplified sound after 10 p.m. 5. The depiction of signage on the Site Plan is conceptual and is intended only to provide the general location of such signs. Signs will be permitted separately. 6. There shall be no adult video/book stores. EXHIBIT C Rev.10/4/12 �+I NOTICE OF PUBLIC HEARING 1. 7 A Notice is hereby given that on Tuesday, November 13, 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 Resolution. The meeting will commence at 9:00 A.M.. The title of the proposed Ordinance is as follows: CU-PL20110001757, Mac Business Plaza, a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use in a C-3 zoning district to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code for property located at the southeast corner of Tamiami Trail East and Barefoot Williams Road in Section 33, Township 50 South, Range 26 East, Collier County, Florid Florida [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner]A Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use in a C-3 zoning district to allow up to four buildings on four different parcels of up to 15,000 square feet of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code for property located at the southeast corner of Tamiami Trail East and Barefoot Williams Road in Section 33, Township 50 South, Range 26 East, Collier County, Florida. A copy of the proposed Ordinance Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 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) 17 Martha S. Vergara From: GundlachNancy <NancyGundlach @colliergov.net> Sent: Friday, October 12, 2012 12:39 PM To: Martha S. Vergara Subject: RE: Notice to Newspaper for BCC hearing 10-12-12 Oh my gosh, Martha, Yes, please do delete the section. Thank you for all of the edits. Sincerely, Nancy Nancy Gundlach, AICP, RLA Principal Planner (239)252-2484 From: Martha S. Vergara jmailto:Martha.Vergara(acollierclerk.comj Sent: Friday, October 12, 2012 12:28 PM To: GundlachNancy; Trish L. Morgan; RodriguezWanda; BosiMichael; BellowsRay; Ann P. Jennejohn; RodriguezWanda; NeetVirginia; KendallMarcia; WellsLaura Subject: Notice to Newspaper for BCC hearing 10-12-12 Nancy, I changed a few things but want you to look at it before I send it to NDN. The main question I have is, after your name and title at the end of line 7 to the end of the title, the title reads the same was it just copied twice? Can from that section on be deleted? 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(a collierclerk.com 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. 1 17A Acct #068779 August 14, 2012 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: CU-PL20110001757, Mac Business Plaza CU Dear Legals: Please advertise the above referenced notice on Friday, October 19, 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 1 October 11, 2012 17A Board of County Commissioners Public Hearing Advertising Requirements Please publish the following Advertisement on Friday, October 19, 2012, and furnish proof of publication to the attention of the Minutes and Records Department, 3299 Tamiami Trail East, Naples, FL 34112. The advertisement must be two columns wide x 10 inches Ionq 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 NOTICE OF PUBLIC HEARING h Notice is hereby given that on Tuesday, November 13, 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 Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: CU-PL20110001757, MAC BUSINESS PLAZA, A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN A C-3 ZONING DISTRICT TO ALLOW UP TO FOUR BUILDINGS ON FOUR DIFFERENT PARCELS OF UP TO 15,000 SQUARE FEET EACH OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURES FOR FOOD STORES, FOOD SERVICES, PERSONAL SERVICES, VIDEO RENTALS, OR RETAIL USES PURSUANT TO SUBSECTIONS 2.03.03.C.1.C.10, 2.03.03.C.1.C.16 AND 2.03.03.C.1.C.17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TAMIAMI TRAIL EAST AND BAREFOOT WILLIAMS ROAD IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA[COORDINATOR: NANCY GUNDLACH, AICP, RLA, PRINCIPAL 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) empty-76f llier 1 7 A CLERK OF THE CRC , IT COURT COLLIER COUNTY,COUR OUSE Dwight E. Brock 3301 TAMIAMI IL E ST Clerk of Courts Clerk of Courts P.O. BOX 43044 Accountant NAPLES, FLORIDA' 4101-3 44 Auditor Custodian of County Funds October 12, 2012 JCS Realty Group, LLC Christopher Shucart 2614 Tamiami Trail North Suite #615 Naples, FL 34103 Re: CU-PL20110001757, Mac Business Plaza CU 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, November 13, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, October 19, 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.collierclerk.com Email: collierclerk @collierclerk.com 17A ' 1 Martha S. Vergara From: Legals NDN <legals @naplesnews.com> Sent: Friday, October 12, 2012 2:45 PM To: Martha S.Vergara Subject: RE: CU-PL20110001757 - Mac Business Plaza CU OK,ordered. Thank You, Naples News Legals From: Martha S. Vergara jmailto:Martha.Vergara(alcollierclerk.com1 Sent: Friday, October 12, 2012 2:39 PM To: Legals NDN Subject: CU-PL20110001757 - Mac Business Plaza CU Legals, Please advertise the following attached ad Friday, October 19, 2012. Please forward an ok when received, if you have any questions feel free to call me. 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 @collierclerk.com 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(acollierclerk.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. 1 17A ; ' Martha S. Vergara From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Tuesday, October 16, 2012 1:18 PM To: Martha S. Vergara; Gundlach, Nancy; Ashton, Heidi; Rodriguez, Wanda Subject: RE: (CU-PL20110001757) Mac Business Plaza All: This looks like a display ad. Is a display ad required for this conditional use?? Dinny Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 rr_it r Florida Low o.lnail addresses ate public records. If you do not want your e-mail address released in response to a public records request,do not send r nttorso mail to this entity. Instead. contact this Office by telephone or in writing. From: Martha S. Vergara [mailto:Martha.Vergara@collierclerk.coml Sent: Tuesday, October 16, 2012 12:43 PM To: GundlachNancy; AshtonHeidi; NeetVirginia; RodriguezWanda Subject: (CU-PL20110001757) Mac Business Plaza Attached is the proof from NDN for your review, let me know of any 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.vergara a collierclerk.com 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 helodeskOcollierclerk.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. 1 17A Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, October 16, 2012 1:21 PM To: Neet, Virginia; Gundlach, Nancy; Ashton, Heidi; Rodriguez,Wanda Subject: RE: (CU-PL20110001757) Mac Business Plaza The following is the size requirement sent in the ad request: 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. From: NeetVirginia jmailto:VirginiaNeet©colliergov.netl Sent: Tuesday, October 16, 2012 1:18 PM To: Martha S. Vergara; Gundlach, Nancy; Ashton, Heidi; Rodriguez, Wanda Subject: RE: (CU-PL20110001757) Mac Business Plaza All: This looks like a display ad. Is a display ad required for this conditional use?? Dinny Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239)252-8066 - Fax (239) 252-6600 Under le skr LciVi lr rind addresses are public records. If you do not wand your e-Emil address released in response to a public records request,do not send eeti or de read to his entity Instead ountact this office by telephone or in writing. From: Martha S. Vergara fmailto:Martha.Vergara@collierclerk.comj Sent: Tuesday, October 16, 2012 12:43 PM To: GundlachNancy; AshtonHeidi; NeetVirginia; RodriguezWanda Subject: (CU-PL20110001757) Mac Business Plaza Attached is the proof from NDN for your review, let me know of any 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.vergara(ce,collierclerk.com 1 17A ' Martha S. Vergara From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Wednesday, October 17, 2012 8:18 AM To: Gundlach, Nancy; Martha S.Vergara Subject: FW: (CU-PL20110001757) Mac Business Plaza Attachments: NDN2401949661.PDF Martha and Nancy: See Heidi's response below. If it is ok with you, Nancy,this can be advertised on Wednesday, 10/24. Dinny From: AshtonHeidi Sent: Wednesday, October 17, 2012 8:16 AM To: NeetVirginia Subject: FW: (CU-PL20110001757) Mac Business Plaza Dinny, Per our conversation, a display ad is not required. Also, this is a 15 day ad. I'd go with 20 days out instead of 25 days. geide rfaluoa-eu(ea 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@collierclerk.com] Sent: Tuesday, October 16, 2012 12:43 PM To: GundlachNancy; AshtonHeidi; NeetVirginia; RodriguezWanda Subject: (CU-PL20110001757) Mac Business Plaza Attached is the proof from NDN for your review, let me know of any 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.vergara @collierclerk.com Please visit us on the web at www.collierclerk.com 1 PUBLIC NOTICE PUBLIC NOTICE NOTICE OF 17A 4 PUBLIC HEARING Notice is hereby given that on Tuesday, November 13, 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 Resolution. The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows: CU-PL201 1 0001 757, MAC BUSINESS PLAZA, A RES- OLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,FLORIDA,PROVIDING FOR THE ES- TABLISHMENT OF A CONDITIONAL USE IN A C-3 ZON- ING DISTRICT TO ALLOW UP TO FOUR BUILDINGS ON FOUR DIFFERENT PARCELS OF UP TO 15,000 SQUARE FEET EACH OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURES FOR FOOD STORES, FOOD SERVICES, PERSONAL SERVICES, VIDEO RENTALS, OR RETAIL USES PURSUANT TO SUBSECTIONS 2.03.03.C.1.C.10, 2.03.03.C.1.C.16 AND 2.03.03.C.1.C.17 OF THE COL- LIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TAMIAMI TRAIL EAST AND BAREFOOT WILLIAMS ROAD IN SECTION 33,TOWNSHIP 50 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA[COORDINATOR: NANCY GUNDLACH,AICP, RLA, PRINCIPAL 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 in- vited to attend and be heard. NOTE:All persons wishing to speak on any agenda item must reg- ister with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 min- utes 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 allot- ted 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 accommoda- tion 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) No.240194966 October 19.2012 17A ` ' Martha S. Vergara From: GundlachNancy <NancyGundlach @colliergov.net> Sent: Tuesday, October 16, 2012 1:25 PM To: Martha S. Vergara Subject: RE: (CU-PL20110001757) Mac Business Plaza Hi Martha, The ad looks great. Nancy From: Martha S. Vergara jmailto:Martha.Vergara@collierclerk.coml Sent: Tuesday, October 16, 2012 12:43 PM To: GundlachNancy; AshtonHeidi; NeetVirginia; RodriguezWanda Subject: (CU-PL20110001757) Mac Business Plaza Attached is the proof from NDN for your review, let me know of any 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.vergara@collierclerk.com 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. tinder Florida i.ow,e-mail ndd sses are public records If you do not want your e-mail address released in response to a public records request,do not send ciectrcnb,mail to this entity. Instead,contact this office by telephone or in writing. 1 17A Martha S. Vergara From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, October 17, 2012 11:10 AM To: Martha S. Vergara Subject: RE: 240194966 OK, cancelled. Thank You, Naples News Legals From: Martha S. Vergara j mailto:Martha.Vergara@collierclerk.coml Sent: Wednesday, October 17, 2012 11:08 AM To: Green, Amy Subject: RE: 240194966 Importance: High Amy, Please KILL THIS AD. I am going to have to resend the department requesting this ad sent the wrong specifications.. I will redo the ad and send it to you today. Thanks, Martha From: Green, Amy fmailto:AGreen@Naolesnews.comj Sent: Tuesday, October 16, 2012 12:35 PM To: Martha S. Vergara Subject: 240194966 Please provide approval ASAP for publication. The total ad cost is$912. Thank You, Naples News Legals 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 helodesk @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. 1 17A ' ' Acct #068779 October 17, 2012 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: CU-PL20110001757, Mac Business Plaza CU Dear Legals: Please advertise the above referenced notice on Wednesday, October 24, 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 i 17A ; ' NOTICE OF PUBLIC HEARING 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, November 13, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will begin at 9 : 00 A.M. The title of the proposed resolution is as follows : CU-PL20110001757, MAC BUSINESS PLAZA, A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN A C-3 ZONING DISTRICT TO ALLOW UP TO FOUR BUILDINGS ON FOUR DIFFERENT PARCELS OF UP TO 15, 000 SQUARE FEET EACH OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURES FOR FOOD STORES, FOOD SERVICES, PERSONAL SERVICES, VIDEO RENTALS, OR RETAIL USES PURSUANT TO SUBSECTIONS 2 .3 . 03 .C. 1.C. 10, 2 .03 . 03 .C. 1.C. 16 AND 2 . 03 . 03 .C. 1.C. 17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TAMIAMI TRAIL EAST AND BAREFOOT WILLIAMS ROAD IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA [COORDINATOR: NANCY GUNDLACH, AICP, RLA, PRINCIPAL 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 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. 17A ' y 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 W. COYLE, CHAIRMAN DWIGHT E . BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) ;' nt ofcllier 17 A CLERK OF THE CI RC IT COURT COLLIER COUNTY OUR OUSE Dwight E. Brock 3301 TAMIAMI AIL EST Clerk of Courts Clerk of Courts P.O. BOX 4 3044 Accountant NAPLES, FLORIDA 4101-344 Auditor Custodian of County Funds j October 17, 2012 JCS Realty Group, LLC Christopher Shucart 2614 Tamiami Trail North Suite #615 Naples, FL 34103 Re: CU-PL20110001757, Mac Business Plaza CU 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, November 13, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, October 24, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK -1-() Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Email: collierclerk*collierclerk.com 17A � , Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, October 17, 2012 2:25 PM To: Naples Daily News Legals Subject: CU-PL201110001757 - Mac Business Plaza Cu Attachments: CU-PL20110001757 - Mac Business Plaza (11-13-2012 revised).doc; CU-PL20120001757 Mac Business Plaza (11-13-12 revised).doc Legals, Please advertise the following attached ad Wednesday, October 24, 2012. Please forward an ok when received, if you have any questions feel free to call me. 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 @collierclerk.com 17A 41 Martha S. Vergara From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, October 17, 2012 4:00 PM To: Martha S.Vergara Subject: Ad Confirmation Attachments: UAS3317 j pg Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 10/17/12 Publication NDN Account Number 744102 Ad Number 1965298 Total Ad Cost $269.70 1 17A Martha S. Vergara From: Martha S.Vergara Sent: Wednesday, October 17, 2012 3:00 PM To: Ashton, Heidi; NeetVirginia (VirginiaNeet @colliergov.net); Rodriguez, Wanda (WandaRodriguez @colliergov.net); GundlachNancy(NancyGundlach @colliergov.net) Subject: CU-PL20110001757 Mac Business Plaza CU (revised NDN Proof) Attachments: UAS325A.jpg Hi Everyone, Attached is the revised proof from NDN, please let me know of any changes. Thanks, Martha 1 NOTICE OF PUBLIC HEARIN 17 A Notice is hereby Osten that the Board Of County Commissi ners, as the Board of Zoning Appeals, of'Collier county will hold a Public hearing on Tuesday, November 13, 20112, in the Boardroom, 3rd Floor, .Administration Building, Collier County ty Government center,: 399 Tarniarni Trail East, Nap.l;es, Florida. The meeting will be- gin at 9:00 A.V..The title of t re proposed resolution is aS follows: CU-PL20110001757, MAC BUSINESS PLAZA, A RESOLUTION OF THE BOARD Of ZONI.NG..APPEALS OF COLLIER COU.NTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A.CONDITIONAL USE IN A C-3 ZONING DISTRICT TO ALLOW UP TO FOUR BUILDINGS ON FOUR DIN-ERENT PARCELS OF UP TO 15 000 SQUARE FEET EACH OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURES FOR FOOD STORES, FOOD SERVICES, PERSONAL SERVICES, V'ID*EO RENTALS, OR RETAIL USES PURSUANT TO SUBSECTIONS 03.03.C.1.C.16 AND 2.03.03.C.1.C.17 OF THE COLLIER COUNTY LAND DtVEL0 DEVELOPMENT CC C E FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TAMIAMI TRAiL EAST AND BAREFOOT WILLIAMS ROAD IN SECTION 33, TOWNSHIP'5Q SOUTH, RANGE I EAST,,.COLUER COUNTY, FLORIDA [COORDINATOR: NANCY GUNDLACH, AICP, !ILA, PRINCIPAL PLANNER] A copy of the proposed Resolution is on file With the Clerk to the Board and 1s available for inspection. All interested parties are invited to ii Lend and be heard. NOTE: All Perscins wishing to,speak on any agenda item must re ister with the County prior 10 presentation .of the agenda item t e addressed. Individual speakers. ill 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 lby the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item, Persons-wishing to have mitten 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 stcwff a minimum of seven days ,prior to the public hearing., All material Used in presentations before the Board toll 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, ma need to ensure that a;verbatim record of the procee.dings is made, which ich record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability honee.ds any accommodation in order to participate Filth's proceeding, you are entitled, at cost to you, to the provision of certain=assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiani Trail East, Building W, Naples, Florida 34112, (239)252-13380.:. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office, BOARD'OF COUNTY COMMISSIONERS IONER' BOARD OF ZONING APPEALS COLLiER COUNTY, FLORIDA FRED W. COYLE, CHAiRM'AI D+ IGHTE. CRfK, CLERK B Martha Vergara, Deputy Clerk (SEAL) October 24, 2012 No. 1965270 17A ' ' Martha S. Vergara From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Wednesday, October 17, 2012 3:11 PM To: Martha S. Vergara;Ashton, Heidi; Rodriguez, Wanda; Gundlach, Nancy Subject: RE: CU-PL20110001757 Mac Business Plaza CU (revised NDN Proof) Martha: The reference to LDC subsections in the title should read: . . . PURSUANT TO SUBSECTIONS 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 AND 2.03.03.C.1.c.17 . . . An "0" is missing in the first 2.03.03, and the 2nd "c"s should be lower case. Dinny Original Message From: Martha S.Vergara (mailto:Martha.Vergara @collierclerk.comj Sent: Wednesday, October 17, 2012 3:00 PM To: AshtonHeidi; NeetVirginia; RodriguezWanda; GundlachNancy Subject: CU-PL20110001757 Mac Business Plaza CU (revised NDN Proof) Hi Everyone, Attached is the revised proof from NDN, please let me know of any changes. Thanks, Martha 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. 1 17A ' NOTICE OF PUBLIC HEARING 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, November 13, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will begin at 9 : 00 A.M. The title of the proposed resolution is as follows : CU-PL20110001757, MAC BUSINESS PLAZA, A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN A C-3 ZONING DISTRICT TO ALLOW UP TO FOUR BUILDINGS ON FOUR DIFFERENT PARCELS OF UP TO 15, 000 SQUARE FEET EACH OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURES FOR FOOD STORES, FOOD SERVICES, PERSONAL SERVICES, VIDEO RENTALS, OR RETAIL USES PURSUANT TO SUBSECTIONS 2 . 03 . 03 .C.1.c. 10, 2 . 03 . 03 .C. 1.c . 16 AND 2 . 03 . 03 .C. 1 .c. 17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TAMIAMI TRAIL EAST AND BAREFOOT WILLIAMS ROAD IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA [COORDINATOR: NANCY GUNDLACH, AICP, RLA, PRINCIPAL 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 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. 17A 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 W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) NOTICE OF PUBLIC HEARING 17A , , Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a pubic hearing on Tuesday, November 13, 2012, in the Boardroom, 3rd Floor, Adrnini tration Building Collier County Government Center, 3299 Tarniami Trail .East, 'Naples, Florida. The meeting will begin at 9:00 A.M.The tittle of the prop el resolution is as follows: CLI;-PL2011G001757, MAC BUSINESS PLAZA, A RESOLUTION OF THE BOARD CIF. ZONING APPEALS OF COLLIER COUNTY, FLORIDA. PROVIDING FOR THE ESTABUSHMENT OF A-CONDITIONAL USE, IN A C=3 ZONING DISTRICT TO ALLOW UP TO FOUR BUILDINGS ON FOUR DIFFERENT PARCELS OF UP TO 15,000 SQUARE FEET EACH OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURES FOR FOOD STORES, FOOD SERVICES, PERSONAL SERVICES, VIDEO RENTALS, OR RETAIL USES PURSUANT TO SUBSECTIONS 2.O3.O3:C.1.c1O, 2.03.03.C.1:c16 AND 2.03.03.C.1.c.17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER'OF TAIVIIAMI TRAIL EAST AND BAREFOOT Wll I IAMS ROAD IN SECTION 33, TOWNSHIP.:SO,SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA IC DINATOt NANCY GUNDLA0H, AICP RLA, PRI C PAL PLMNNERI 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 Administrator prior to:presentation.of the agenda item to be addressed. Individual speakers will be Tinted 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 Bpublic hearing: In ariy case, written materials Intended to be considered by the oard shall be submitted to the appropriate County Staff a minimum of seven days prior to the public hearing. All 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 W. COYLE, CHAIRMAN DWIGHT E. BROC , CLERK ay. Martha Vergara, Deputy Clerk (SEAL) October 24, 2012 No 1965270 17A ' ' Martha S. Vergara From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Thursday, October 18, 2012 9:05 AM To: Martha S. Vergara Subject: FW: 11-13-12 BCC Meeting - Report Manager- 32 days in advance It's OK From: AshtonHeidi Sent: Wednesday, October 17, 2012 5:03 PM To: NeetVirginia Subject: RE: 11-13-12 BCC Meeting - Report Manager- 32 days in advance Then it is okay. Vrieidi Alarm-e4t Heidi Ashton-Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: NeetVirginia Sent: Wednesday, October 17, 2012 4:58 PM To: AshtonHeidi Subject: RE: 11-13-12 BCC Meeting - Report Manager- 32 days in advance "Each" is in the title of the ad From: AshtonHeidi Sent: Wednesday, October 17, 2012 4:50 PM To: NeetVirginia Subject: FW: 11-13-12 BCC Meeting - Report Manager- 32 days in advance See below for Mac Business r?feidl rlo,(too Heidi Ashton-Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: AshtonHeidi Sent: Thursday, October 11, 2012 9:25 AM To: BellowsRay; McKennaJack; BosiMichael; LorenzWilliam; DeselemKay; GundlachNancy; SawyerMichael; ReischlFred; CilekCaroline Cc: RodriguezWanda; NeetVirginia Subject: FW: 11-13-12 BCC Meeting - Report Manager - 32 days in advance 1 Ray, 17A 1 1 The following items are scheduled for the 11/13/12 BCC meeting: Mac Business CU-see below for correction to title Town of Ave Maria DOA-title in report manager is correct Town of Ave Maria SRAA-title in report manager is correct Mirasol PUDA-title in report manager is correct Jaffe Boat Dock appeal-please consult with County Attorney's office on whether an ad is needed and if so,the form Please let me know if there are any changes. Thank you. q ,1 -ems Heidi Ashton-Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252-8400 From: BonhamGail Sent: Thursday, October 11, 2012 9:19 AM To: NeetVirginia Cc: RodriguezWanda; AshtonHeidi Subject: RE: 11-13-12 BCC Meeting - Report Manager- 32 days in advance Following are the titles for the land use items as they appear in Client Profiles: NOTE: Mirasol and the (2) Ave Maria items appear to be the same; Mac Business is missing the word "each" after 15,000 square feet; and there is no title in Client Profiles for the Jaffe Boat Dock Appeal P120110001757—MAC BUSINESS PLAZA LLC— A Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use in a C-3 zoning district to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code for property located at the southeast corner of Tamiami Trail East and Barefoot Williams Road in Section 33, Township 50 South, Range 26 East, Collier County, Florida. P120120000303—Mirasol RPUD- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2009-21, the Mirasol Residential Planned Unit Development, by increasing the permissible number of dwelling units from 799 to 1,121; by amending Ordinance Number 2004-41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 95+!- acres of land zoned Rural Agricultural (A) to the Mirasol RPUD; by revising the development standards; by amending the master plan; and adding deviations and revising developer commitments. The property is located on the north side of Immokalee Road (CR 846) bordered on the east by 2 17A Broken Back Road and future Collier Boulevard (CR 951) in Sections 10, 15 and 22, Township 48 South, Range 26 East, Collier County, Florida consisting of 1,638.6+/-acres; and by providing an effective date. ADA-PL20120001218 Jaffe Boat Dock— there is no title in Client Profiles for this item. P120120000705—Town of Ave Maria- A Resolution amending Resolution Numbers 2004-89 and 2005-234A for the Town of Ave Maria Stewardship Receiving Area to revise the SRA Master Plan to add an access point on Oil Well Road. The property is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South,Range 29 East in Collier County, Florida. P120120001160-Town of Ave Maria- A Resolution Amending Resolution Number 05-235 (Development Order No. 05-01), as amended by Resolution No. 11-132 (Development Order No. 11-03), for The Town of Ave Maria Development of Regional Impact ("DRI") located in Sections 31 Through 33, Township 47 South, Range 29 East and Sections 4 Through 9 and 16 Through 18, Township 48 South, Range 29 East in Collier County, Florida by providing for: Section One, Amendments to Development Order by revising Exhibit "C" and Map "H" contained in the DRI Development Order to add an access point on Oil Well Road; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, transmittal to Department Of Economic Opportunity and effective date. Gail Bonham, Legal Secretary to Heidi Ashton-Cicko, Managing Assistant County Attorney Emily R. Pepin, Assistant County Attorney Office of the County Attorney 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 Telephone -239.252.8400 gailbonham @colliergov.net PREPARED IN ANTICIPATION OF LITIGATION, REFLECTS THE MENTAL IMPRESSIONS, LITIGATION STRATEGIES AND LEGAL THEORIES OF THE UNDERSIGNED ATTORNEY AND IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE PURSUANT TO § 119.071(1)(d), FLA. STAT. THIS MESSAGE IS INTENDED FOR THE RECIPIENT ONLY. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY. USE OR DISSEMINATION BY ANY PERSON OTHER THAN THE INTENDED RECIPIENT IS STRICTLY PROHIBITED. 3 From: NeetVirginia 17 A Sent: Thursday, October 11, 2012 8:39 AM To: BonhamGail Cc: RodriguezWanda; AshtonHeidi Subject: 11-13-12 BCC Meeting - Report Manager- 32 days in advance Heidi: Sorry, this should have gone out on Tuesday. Somehow I incorrectly noted that you had sent this out. Dinny PL20110001757 Mac Business CU-PL20110001757, Mac Business Plaza, a Resolution of the Board of Zoning Plaza LLC. Appeals of Collier County, Florida, providing for the establishment of a Conditional Use in a C-3 zoning district to allow up to four buildings on four different parcels of up to 15,000 square feet of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code for property located at the southeast corner of Tamiami Trail East and Barefoot Williams Road in Section 33, Township 50 South, Range 26 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner] PL20100001449 Comprehensive ORDINANCE NO. 12- Planning & Other AN ORDINANCE RELATING TO THE CAPITAL IMPROVEMENT ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, PROVIDING FOR THE ANNUAL UPDATE TO THE SCHEDULE OF CAPITAL IMPROVEMENT PROJECTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. CPSP-2012-4 A staff initiated petition updating the Schedule of Capital Improvement within the Capital Improvement Element of the Collier County Growth Management Plan based on the 2012 Annual Update and Inventory Report on Public Facilities (AUIR), and additional staff analysis, including updates to the 5- Year Schedule of Capital Projects contained within the Capital Improvement Element(for Fiscal Years 2013—2017) and the Schedule of Capital Projects contained within the Capital Improvement Element for Future 5-Year Period (for Fiscal Years 2018—2022). [Coordinator: Corby Schmidt, AICP, Principal Planner] PL20120000303 Mirasol RPUD PUDZ-A-PL20120000303: Mirasol RPUD --An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2009-21, the Mirasol Residential Planned Unit Development, by increasing the permissible number of dwelling units from 799 to 1,121; by amending Ordinance Number 2004-41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 95± acres of land zoned Rural Agricultural (A) to the Mirasol RPUD; by revising the development standards; by amending the master plan; and adding deviations and revising developer commitments. The property is located on the north side of Immokalee Road (CR 846) bordered on the east by Broken Back Road and future Collier Boulevard (CR 951) in Sections 10, 15 and 22, Township 48 South, Range 26 East, Collier County, Florida consisting of 1,638.6± acres; and by providing an effective date. [Coordinator: Kay Deselem, AICP, Principal Planner] PL20120001218 JAFFE BOAT ADA-PL20120001218 Jaffe Boat Dock Appeal represented by R. Bruce Anderson DOCK of Roetzel and Andress, LPA, requesting an appeal to the Board of Zoning Appeals of a decision of the Collier County Planning Commission in denying Petition BDE-PL20110001573 that requested a 19-foot boat dock extension over the maximum 20-foot protrusion limit as provided in Section 5.03.06 of the Land Development Code to allow a 39-foot boat dock facility accommodating 2 vessels on 2 boat slips for property located at 10090 Gulfshore Drive and is further 4 17A described as the North 50 feet of Lot 14, Conners Vanderbilt Beach Estates Subdivision, Unit 1; Section 29, Township 48 South, Range 25 East, Collier County, Florida, [Coordinator: Michael Sawyer, Project Manager] PL20120000705 TOWN OF AVE SRAA-PL20120000705: The Town of Ave Maria --A Resolution amending MARIA Resolution Numbers 2004-89 and 2005-234A for the Town of Ave Maria Stewardship Receiving Area to revise the SRA Master Plan to add an access point on Oil Well Road. The property is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida. [Companion to DOA-PL2012-00001160] PL20120001160 TOWN OF AVE DOA-PL20120001160: The Town of Ave Maria--A Resolution Amending MARIA Resolution Number 05-235 (Development Order No. 05-01), as amended by Resolution No. 11-132 (Development Order No. 11-03), for The Town Of Ave Maria Development of Regional Impact("DRI") located in Sections 31 Through 33, Township 47 South, Range 29 East and Sections 4 Through 9 and 16 Through 18, Township 48 South, Range 29 East in Collier County, Florida by providing for: Section One, Amendments to Development Order by revising Exhibit"C"and Map "H" contained in the DRI Development Order to add an access point on Oil Well Road; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, transmittal to Department Of Economic Opportunity and effective date. (Companion to SRAA- PL20120000705) Under Florida k aw 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. 5 17 A ThL2011177 Martha S. Vergara I\4*c 10e- From: Martha S. Vergara Sent: Thursday, October 18, 2012 12:03 PM To: 'Green, Amy' Subject: RE:Ad Confirmation Amy, Ad looks good, please publish as requested. Thanks, Martha Original Message From: Green,Amy imailto:AGreen @Naplesnews.coml Sent: Wednesday, October 17, 2012 4:12 PM To: Martha S. Vergara Subject: Ad Confirmation Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 10/17/12 Publication NDN Account Number 744102 Ad Number 1965270 Total Ad Cost $269.70 1 { 17A ' From: Naples Daily News naplesnews @clicknbuy.com To: Ann P. Jennejohn Ann.Jennejohn @collierclerk.com Thank you for placing your classified advertisement. Ad # 1965270 The following represents the current text of your advertisement: NOTICE OF PUBLIC HEARING 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, November 13, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: CU-PL20110001757, MAC BUSINESS PLAZA, A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN A C-3 ZONING DISTRICT TO ALLOW UP TO FOUR BUILDINGS ON FOUR DIFFERENT PARCELS OF UP TO 15,000 SQUARE FEET EACH OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURES FOR FOOD STORES, FOOD SERVICES, PERSONAL SERVICES, VIDEO RENTALS, OR RETAIL USES PURSUANT TO SUBSECTIONS 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 AND 2.03.03.C.1.c.17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TAMIAMI TRAIL EAST AND BAREFOOT WILLIAMS ROAD IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA [COORDINATOR: NANCY GUNDLACH, AICP, RLA, PRINCIPAL 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 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 proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes 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 W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) October 24, 2012 No. 1965270 To log in to the New Ad Wizard use your email address and existing password. Go to: http://secure.adpay.com/adwizard login.aspx?1=22452325 , if this link is inactive, cut and paste it into your browser address window. If you need any assistance with your advertisement, please contact our classifieds department. 239-263-4700 Naples Daily News Naples, FL 34110 Affidavit of Publication 17 A , Naples Daily News + BCC/ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 NOTICE OF PUBLIC HEARING REFERENCE: 068779 4 5 0 01312 0 7 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,Novem- 59701411 NOTICE OF PUBLIC HEA b e r 13, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida. The meeting will State of Florida begin at 9:00 A.M.The title of the proposed resolution is as follows: CU-PL20110001757, MAC BUSINESS PLAZA, A RESOLUTION OF THE BOARD OF Counties of Collier and Lee ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN A C-3 ZONING DISTRICT TO ALLOW UP Before the undersigned authority, personally TO FOUR BUILDINGS ON FOUR DIFFERENT PARCELS OF STRUCTURES FOR SQUARE FEET 9 Y p y EACH OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURES FOR FOOD STORES, appeared Lynn Schneider, says that she serves A OD SERVICES,PERSONAL SERVICES,VIDEO RENTALS,OR RETAIL USES PURS T the Order Entry Data Specialist, of the Naples COOWERSCOUINTY LANDS EVELOPMEN,T CODEcFOR PROPERTY LOCATED AT THE CORNER OF TAMIAMI Daily News, a daily newspaper published at Nap SECTION SOUTHEAST TOWNSHIP 0 SOUTH,RAIN ES 26 EAST,COLLER`COUNTY,FLOORDA in Collier County, Florida: distributed in Col [COORDINATOR:NANCY GUNDLACH,AICP,RLA,PRINCIPAL PLANNERJ and Lee counties of Florida; that the attached A copy of the proposed Resolution is on file with the Clerk to the Board and is availadeforinspection.All interested parties are invited to attend and be heard. copy of advertising was published in said 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. newspaper on dates listed. 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 Affiant further says that the said Naples Da_ recognized by the Chair, a spokesperson fora group or organization may be News is a newspaper published at Naples, in sali albtted10mmutestospeakonanitem. Collier County, Florida, and that the said Persons must to have written al minimum materials included prior 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 newspaper has heretofore been continuously 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 day and has been entered as second class mail will become a permanent part of the record. matter at the post office in Naples, in said Any person who decides to appeal a decision of the Board will need a record of the Collier County, Florida, for a period of 1 yea] proceedings pertaining ns is ana e,therefore, may need lu to ensure the ttet a verbatim record of the is made, which record includes the testimony and next preceding the first publication of the evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to attached copy of advertisement; and of f iant 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 further says that he has neither paid nor Department, located at 3335 Tamiami Trail East, Building W,Naples, Florida 34112, promised any person, firm or corporation any (239)252-8380.County o Assisted listening devices for the hearing impaired are available in the County Commissioners'Office. discount, rebate, commission or refund for the BOARD OF COUNTY COMMISSIONERS purpose of securing this advertisement for BOARD OF ZONING APPEALS publication in the said newspaper. FREDWCOYLE,CH CHAIRMAN FRED W.COYLE,CHAIRMAN DWIGHT E.BROCK,CLERK PUBLISHED ON: 10/24 By: Martha Vergara,Deputy Clerk (SEAL) October24 2012 No 1965770 AD SPACE: 90 LINE FILED ON: 10/24/12 if -+' Signature of Affiant -I ' . Igtia 9. Sworn to and Subscribed o e me . ill 1 . •. •may ., 20 Personally known by me eu,,,,, • , , 0",:'% CAROL PAWLINSKI • DECEIVE D :.: ii ;.. MY COMMISSION#EE 45538 ',4- EXPIRES:November28,2014 OCT 2 9 2012 %'�`,,of J;` Bonded Thru Pichard Insurance Agency q„ FINANCE 17A Martha S. Vergara From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, October 24, 2012 4:14 PM To: Martha S. Vergara Cc: Calabrese, Robin; Damschroder, Eric Subject: RE:Words in Legals which are spaced out across a line Martha, We apologize for any inconvenience which this may have caused, and we are re-running the ads this Friday, and I will send you the proofs in just a moment. To ensure that this doesn't happen again, Eric is going to view the ads in a system which sets the ads, so he can view it, prior to publication. Thank You, Naples News Legals (239) 263-4710 From: Martha S. Vergara jmailto:Martha.Veraara@collierclerk.coml Sent: Wednesday, October 24, 2012 12:48 PM To: Green, Amy; Damschroder, Eric Cc: Calabrese, Robin Subject: RE: Words in Legals which are spaced out across a line Hello Amy, Eric & Robin, The County Attorney's office would like them to re-run at no charge, with the ads to look like the proofs that were sent. Please e-mail me with a response ASAP. Thanks, Martha From: Green, Amy jmailto:AGreen0Naplesnews.coml Sent: Wednesday, October 24, 2012 10:21 AM To: Damschroder, Eric Cc: Martha S. Vergara; Calabrese, Robin Subject: Words in Legals which are spaced out across a line Eric, I've attached the tearsheet and the three proofs for ads which ran in the Legals today. 1 7 A I f regarding the'thre>s�H numbers, The Collier Clerk has asked me to look into it, and Robin has asked me to email you, reg g to ensure that this doesn't happen in the future: 1965308 1965270 1965298 Thank You, Amy Green Naples News Legals (239) 263-4710 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 helodesk @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. 2 17A Martha S. Vergara From: Green, Amy <AGreen @Naplesnews.com> Sent: Wednesday, October 24, 2012 4:27 PM To: Martha S.Vergara Cc: ericbrown @dbrowngc.com Subject: Ad Confirmation Attachments: UAS26E9.jpg This is going to run on Friday, free of charge. Thank You, Naples News Legals Thank you for placing your ad. Date 10/24/12 Publication NDN Account Number 744102 Ad Number 1966059 Total Ad Cost $269.70 1 NAPLES DAILY NEWS 17 A Published Daily Naples,FL 34110 NOTICE OF PUBLIC HEARING Notice is hereby given that the 1Board of County Commissioners,as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday.November 13.2012,in the Boardroom,3rd Floor,Administration Building, oilier County Government Center,3299 Tamiami Trail East,Naples, Affidavit of Publication Florida.The meeting will begin t 9:00 AM.The title of the proposed resolution is as follows: CU-PL2011 0 0 01 75 7,MAC BU NESS PLAZA,A RESOLUTION OF THE BOARD OF ZONING AP- PEALS OF COLLIER COUNTY,FLORIDA,PROVIDING FOR THE ESTABLISHMENT OF A CONDI- TIONAL{'a}p USE IN A C-3 ZONIN DISTRICT TO ALLOW UP TO FOUR BUILDINGS ON FOUR DIE- S I.a a of Florida ll da FERENT PARCELS OF UP TO 15,000 SQUARE FEET EACH OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURES FO FOOD STORES,FOOD SERVICES,PERSONAL SERVICES,VIDEO Lee OR RETAIL USES PURSUANT TO SUBSECTIONS 2.03.03.C.1.c.10,2.03.03.C.1.c.16 Counties of Collier and Lee AND 2.03.03.C.1.c.17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TAMIAMI TRAIL EAST AND BAREFOOT WILLIAMS ROAD IN SECTION 33,TOWNSHIP 50 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA [COORDINATOR:NANCY GUNDLACH,AICP,RLA,PRINCIPAL PLANNER] Before the undersigned they serve as the authority, personally 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. appeared Lynn Schneider, who on oath says that she serves as NOTE;All Persons wishing to speak on any agenda item must register with the County Administra- tor prior to presentation of the agenda item to be addressed, Individual speakers will be limited to 3 Order Entry Data Specialist of the Naples Daily News, a daily 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. newspaper published at Naples, in Collier County, Florida; 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 distributed in Collier and Lee counties of Florida; that the 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 attached copy of the advertising,being a 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 per- taining thereto and therefore,may need to ensure that a verbatim record of the proceedings is made, PUBLICNOTICE which record includes the testimony and evidence upon which the appeal is based. l� 1 I E-1 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 bounty Commissioners'Office. in the matter of PUBLIC NOTICE BOARD OF COUNTY COMMISSIONERS-BOARD OF ZONING APPEALS COLLIER COUNTY,FLORIDA FRED W.COYLE,CHAIRMAN DWIGHT E.BROCK,CLERK was published in said newspaper 1 time in the issue By:Martha Vergara,Deputy Clerk (SEAL) on October 26th , 2012 N°2407949801 October26 2012 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 1 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 id - .Y* • • ' / gnature of affiant) S tlrn to and su,scri ed before m- ' T, . 29th da `'S ' Oct..er, 2012 , A i • (Signature of notary public) CAROL PANNNSKI MY COMMISSION#EE 250314 RECEIVE D EXPIRES:November 28 Bonded Thru Pic herd Insurarlt:e Agency NOV 02012 FINANCE ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL1P7 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Sue Filson(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Judy Puig GMD-P &R/Operations & Regulatory Mgmt. Dept. 2. 3. •4. C, / ` j4 -t'- H I' ( Z-I 11 1/ 5 Kristi Bartlett, Executive Aid to the Board of County I 211Z BCC Commissioners � v2-1N 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (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 Nancy Gundlach Phone Number 239-252-2484 Contact Agenda Date Item was December 11,2012 ‘,/ Agenda Item Number 17.A. Approved by the BCC Type of Document Resolution .,r Number of Original 1 Attached 301a '253 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 N.G. 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 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.G. 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 N.G. 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 N.G. signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip N.G. 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 time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on December 11,2012 and all changes N.G. made during the meeting have been incorporated in the attached document.The County Attorney's Office has reviewed the changes,j.f pppli able. o1 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip W S Original 9. 3.04,Revise 1. 6.0 ,Revised 2.2 .05 17A MEMORANDUM Date: December 13, 2012 To: Nancy Gundlach, Principal Planner Comprehensive Planning - GMD From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2012-253: Mac Business Plaza CU Attached for your records is a copy of the document referenced above, (Item #17A) adopted by the Board of County Commissioners on December 11, 2012. The Minutes and Record's Department will hold the original resolution in the Board's Official Records. If you have any questions, please feel free to call me at 252-8406. Thank you. Attachment 17A MEMORANDUM DATE: December 20, 2012 TO: Ernie Kerskie, Director Collier County Property Appraiser's Office FROM: Ann Jennejohn, Deputy Clerk Minutes & Records Department RE: Resolution 2012- 253: Establishing a Conditional Use in a C-3 Zoning District Resolution 2012-254: Determining compatibility Attached for your records are copies of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, December 11, 2012. If you have any questions, please call me at 252-8406. Thank you. 17 ,4 RESOLUTION NO. 12-2 5 3 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN A C-3 ZONING DISTRICT TO ALLOW UP TO FOUR BUILDINGS ON FOUR DIFFERENT PARCELS OF UP TO 15,000 SQUARE FEET EACH OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURES FOR FOOD STORES, FOOD SERVICES, PERSONAL SERVICES, VIDEO RENTALS, OR RETAIL USES PURSUANT TO SUBSECTIONS 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 AND 2.03.03.C.1.c.17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF TAMIAMI TRAIL EAST AND BAREFOOT WILLIAMS ROAD IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County 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 (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use in a C-3 Zoning District to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to Subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and of the Collier County Land Development Code on the property hereinafter described, WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Mac Business Plaza LLC\CU-PL2011-1757 Revised 12/03/12 Page 1 of 2 17A Petition Number PL20110001757 filed by New Horizon Properties, LLC with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use in a C-3 Zoning District to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to Subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the Conditions found in Exhibit "C". Exhibits "A", `B", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this � / ay of Ltrrl{)t-✓ , 2012. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY ' ?' �� , • BY •' ■.r■ •rmi lark FRED W. COYLE, Chai an • 'I �, �J Approvedlts;.to form and legal sufficiency: 0A-4 A 0/ 0 yty, Heidi Ashton-Cicko vO Managing Assistant County Attorney Attachments: Exhibit A- Legal Description Exhibit B - Conceptual Site Plan Exhibit C—Conditions of Approval CP\12-CPS-01161\46 Mac Business Plaza LLC\CU-PL2011-1757 Revised 12/03/12 Page 2 of 2 17A LEGAL DESCRIPTION COMMENCE AT THE WEST QUARTER OF SAID SECTION 33,PROCEED NORTHERLY ALONG THE SECTION LINE BETWEEN SAID SECTION 33 AND 32,TOWNSHIP 50 SOUTH,RANGE 26 EAST,NORTH 2 DEGREES 49 MINUTES 48 SECONDS EAST,884.91 FEET TO A POINT ON THE SOUTH RIGHT-OF WAY LINE OF U.S.41; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE,44.24 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 3,210.55 FEET,A CENTRAL ANGLE OF 0 DEGREES 47 MINUTES 22 SECONDS,AND A CHORD DISTANCE OF 44.23 FEET,BEARING SOUTH 54 DEGREES 1 MINUTE 20 ' SECONDS EAST TO A POINT OF TAGENCY. THENCE SOUTH 54 DEGREES 25 MINUTES 1 SECOND EAST,ALONG SAID RIGHT OF WAY LINE 1124.37 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE SOUTH 54 DEGREES 25 MINUTES 1 SECOND EAST,600.00 FEET ALONG SAID RIGHT OF WAY LINE;THENCE SOUTH 35 DEGREES 34 MINUTES 59 SECONDS WEST,321.16 FEET; THENCE NORTH 54 DEGREES 25 MINUTES 1 SECOND WEST,541.69 FEET,TO A POINT ON THE EAST RIGHT OF WAY LINE OF BAREFOOT WILLIAMS ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE 132.69 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 140.00 FEET,A CENTRAL ANGLE OF 54 DEGREES 18 MINUTES 18 SECONDS,AND A CHORD DISTANCE OF 127.78 FEET BEARING 8 DEGREES 25 MINUTES 50 SECONDS EAST TO A POINT OF TANGENCY;THENCE NORTH 35 DEGREES 34 MINUTES 59 SECONDS EAST,207.46 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 4.38 ACRES,MORE OR LESS. Exhibit "A" ggi ' t ,. t„ = - o �00000 � o gzZ*>>o rn 1■1 `1 V =A(.�N-� X° m ® g 'Ai rig Dp mN �p m FZ ,={ gc le Piste z m Do . mmo �} RdX f,1 g ^i o a oom Apr • i..wa m !„" A �°q= � v�i�m ,D t] .\/ O Ft II 1 1 II 1 �A�® ee��w,, rpNO� Z ❑ 1'7 I�WWWW Vk Nv_i_��°a5 N I < CD(D A ey'�N�� ppr> 0 mS2`n-1Fym Qi C 2-.0 d D . • a BAREFOOT WILLIAMS ROAD — c7 o L. a i I r\ --‘ 0 11 s ° co I 3 o m(3 a oo �— / n Zr,,' X - A - — ; g 0 N so NJ ej J . - --a8$ .. • 01 0 1 1 o a wz I rs, � �a µ8� -0 ❑5��Q • I C o • �c}o n)-° ° 0 o UN82S � O� 0 �.c�, >2I�Z �; / � B 0a' Az MA(J is 2 CI 4 .- • co . f I" —I 0 ® t' a ~ E Z G7 ■11 es r%l■ D . o I OAF" • i.",,L .. : r_ , 44 0 I n N CG pSITng �� N I ® t t t I GI X C �0 I fir© Boca [r i �� U �' 't5 a=mss: ^ imp cr I y•'"' I IIlIII1 �� 1111,p_1, g T I v W - .7' DD �1eueeN p �� L �� d >' 11• ° so ono Ri n4- m� � 8 ∎∎� $'. cm ��;a m� °A'84Nµ8� r -0 m ® m » 1g O 1. ?$ Oa n § ° 12 II I 4p=o;•vN 7D7:1 O' o O\�� MD y- l0 Milk .:v v m p m p v [.."-) .m.O�p ■ � - � n-.enee D m z ° w AmOmwZ im - 4gTo. � -u i m o6 6OZO A O {Q°°D Io o I p OO ,-N ° zm 00z>. v ' � m FI °°��\� C w S§i , ; t W I ,\ / Ar Z pp _ — ox•`z 6 '^ ` 2i0=-, rr R a OMDM �Z, • >r�o v°i i CE§)m >-i D z �A ZAgo �Np b R* 'e go DCg0O �Onm �V1 r5.zt� 'c',9F� } t ID cNn Z r_^ ,..„ p a zoFZ , .. { ��1 ° 7 m N / 77 , 0 a`"` ®3 ® °o I I 17 A� CONDITIONS OF APPROVAL FOR CU-PL2011-1757 At the time of this Conditional Use approval, the site plan (attached as Exhibit `B") is conceptual and the final building configuration is unknown. The size of the buildings and development standards based on building size on the final Site Development Plan (SDP) may accordingly deviate from Exhibit `B" provided that conditions of Exhibit "C" are otherwise met. The purpose of the subject Conditional Use is to allow certain land uses to have 15,000 square foot buildings, which is larger than the 5,000 square foot buildings permitted in the C-3 zoning district for food stores, video rental, or retail uses; and 6,000 square feet permitted for food services. The Site Development Plan (SDP) as it relates to this Conditional use submitted shall meet the following Conditions of Approval: 1. The maximum aggregate gross floor area permitted on the subject 4.38 acre site is 35,000 square feet. 2. The maximum gross floor area for any one building is 15,000 square feet. 3. This Conditional Use approval does not constitute approval of a subdivision. The buildings may be placed on one 4.38 acre site under common ownership or the property may be subdivided in accordance with the LDC into 2, 3 or 4 parcels. 4. Outdoor music and televisions shall be limited to the area adjacent to and forward of the front facades of the buildings along East Tamiami Trail (US 41). There will be no amplified sound after 10 p.m. 5. The depiction of signage on the Site Plan is conceptual and is intended only to provide the general location of such signs. Signs will be permitted separately. 6. The food stores, food services, personal services, video rental or retail uses authorized by this Conditional Use are limited to the following: a. Apparel and accessory stores (5611-5661, 5699 - limited to bathing suit, sports apparel, and tee shirts custom printed stores). b. Auto and home supply stores (5531). c. Computer and computer software stores (5734). d. Eating places (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of section 5.05.01. e. Food stores (groups 5411, 5499–limited to health food stores & vitamin stores). f. General merchandise stores (5331, 5399). g. Hardware stores (5251). h. Home furniture and furnishings stores (5712-5714, 5719 - limited to stores retailing aluminum ware, bedding, china stores, cookware, cutlery, glassware stores, housewares, kitchenware, lamps and shades, linens, venetian blinds, and window shades). Alternate-rev. 12/10/12 1 of 2 17A i. Household appliance stores (5722). j. Musical instrument stores (5736). k. Paint stores (5231). 1. Personal services, miscellaneous (7299 — limited to clothing, costume rental, dress and suit rental). m. Radio, television and consumer electronics stores (5731). n. Record and prerecorded tape stores (5735). o. Retail nurseries, lawn and garden supply stores (5261). p. Retail services - miscellaneous (5941-5945, 5947, 5999) limited to art dealers, artificial flower stores, artists' supply and material stores, sporting goods stores and bicycle shops, book stores, stationery stores, jewelry stores, hobby, toy, and game shops,pet food stores, and picture frames, ready-made. q. Videotape rental (7841). r. Wallpaper stores (5231). 7. No adult oriented sales are permitted in this project. EXHIBIT C Alternate-rev. 12/10/12 2 of 2