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Backup Documents 01/25/2011 Item # 7A ,..7A !~ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: CIerI< to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) r~ .*********** **** **** ************* **** ********** ul.J*'t(:)A,*** *** *********** ** ** *:*******. * ****..** ***** *.. Originating Dep!! Di\': CDES./Zoninl! Person: Nancy GlIndlall.n,)dCP Date: \'2' '2- :-..Y ! 0 Pctition No (If none, give brid'description): Cli-PL2009-J497, Pulling Driving Range Petitioner: (Name & Address): Ms. Karen Bishop, PMS, Inc., 2335 Tarniarni Trail North, Suite 408, Naples, FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mr. John A Pulling, 5610 Yahl Stn:et, Suite 6, Naples, FL 34 J 09; Mr. John A PuJling, 6500 Airport-Pulling Road N. Naples, FL 34 J 09 Hearing before BCe HZA Other Requested Hearing date: Januarv 25. 2011 Based on advertisement appearing 15 days before hearing Newspaper(s) to be used: (Complete only if important): ~'(x Naples Daily News Other Legally ReqUired Proposed Text: (Include legal description & common lo<:atlon & Size: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY. FLORIDA, PROVIDING FOR THE EST ABLlSHMENT OF A CONDITIONAL USE TO ALLOW A GOLF DRIVING RANGE WITHIN AN AGRICULTURAL (Al ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01. A.l.e.l? OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR 29.6 ACRES OF PROPERTY LOCATED AT 6500 AIRPORT ROAD NORTH IN SECTION 12, TOWNSHIP 49 SOUTH. R/\NGE 25 EAST, COLLIER CmINTY, FLORIDA [Coordinator: Nancy Gundlach. Principal Planner] Companion petition( s), if any & proposed hearing date: Does Petition Fee include advertising cos!') Yes No!J Yes, what account should be charged for advertising costs: PO Number 4500096189 ter Account Number 068779 Reviewed b'.. (/ j. "1 f2 fj'! (.. /7 (,if} ~-. ~a", / ':eJ/l.~ .........................,4............-..............--..-..........-.. Divisioi/ Administrator or Designee 17. -23 . /0 Date List Attachments: 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 M.anager's office will distribute copies: Count)' Manager agenda file: to Requesting Division Original Clerk's Oftice 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: \"0. a, 1-1 (;Ate of Public hearing: j-05-tl Date Advertised: J~fl.....ll Ann P. Jennejohn ,7 A ~ ~J From: Sent: To: Subject: Attachments: Ram irezHeather [HeatherRam irez@colliergov.net] Thursday, December 23, 2010 11 :01 AM Minutes and Records January 25, 2011 Bee Advertising 12-2-10 eU-PL2009-1497 Legal Ad.pdt; 12-2-10 eU-PL2009-1497 Reso.pdt Here is the legal ad and resolution for the 1/25/11 BCC Meeting advertising. Heatlier L CJ{amirez Planning Technician Growth Management Division/Operations Records/Scanning/E- Permitting Phone: (239)252-2930 Fax: (239)252-6366 I 9<>~~ty "'"'"M'..'"lfu"'<_x.,;W--........ ,,~""'_;, Courage is resistance to fear, mastery of fear, not absence of fear. - Mark Twain 1 ~': RESOLUTION NO.1 0- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A GOLF DRIVING RANGE WITHIN AN AGRICULTURi\L (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01. A.1.c.l7 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR 29.6 ACRES OF PROPERTY LOCATED AT 6500 AIRPORT ROAD NORTH IN SECTION 12, TO\VNSHIP 49 SOUTH, RANGE 25 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 for a golf driving range within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01. A.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 affeet 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 1O.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 II-IE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Petition Number CU-PL2009-1497 filed by Karen Bishop of PMS Inc., representing John A. Pulling, Jr., Trustee, \\1th respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use for a golf driving range \vithin an Agricultural (A) Zoning District pursuant to Subsection 2.03.0 1.A.l.c.17 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and Pulling Driving Range\CU-PL2009-1497 Revised 10/29/1 0 1 01'2 -----------l--?-A subject to the conditions found in Exhibit "C". Exhibits "A". "B" and "C" are attached hereto - . and incorporated herein by reference. BE IT FURTHER RESOL \lED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super-majority vote, this _ day of ,2010. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COlTNTY, FLORIDA By: , Deputy Clerk By: FRED \V. COYLE, Chairman Approved as to foml and legal sufticiency: 0{~q..\\\) \o\'V Heidi Ashton-Cicko Section Chief, Land Use/Transportation Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C - Conditions 09-CPS-00984/24 Pu1ling Driving Range\CU-PL2009-1497 Revised 10/29/10 20f2 LEGAL DESCRIPTION: THE NORTH M OF THE NORTH ~ OF THE NORTH ~ OF THE NORTHWEST ~ LESS WEST 100' FOR RO.W. SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, flORIDA, CONTAINING 19.768 ACRES, MORE OR LESS. AND THE NORTH ~ OF THE SOUTH ~ OF THE NORTH ~ OF THE NORTH ~ OF THE NORTHWEST 14. SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF, CONTAINING 9.896 ACRES, MORE OR LESS. EXHIBIT A I II ' ~ . lI!~I' il I( i!i~I~ AJRPORT-PUU/NG l-----------r::"~..."'--+~ -------" I ~"==--ROAD ___~--- ~ ! ---.-/ ~~_7 ----~ "1 -'--- 1 __ ___...-~..,.. 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Mil ~ ~ ~ I ~~ ~ ~~~ l ~- ~ ~.~ ~ ~~ . . l'~: ;:'~f ~ S00'15'38"( rr----~---"-5~9_'~~;;-... ,. f~! Omega ::;'~,.~~~ 1 C..:('){"l,.;vtti<'\gCroup _~"-JC'l.1.oO ......~ _._~'~'II_ll;M~.._ " 1'lIlJIIl9_1W& ....~-- 7A f4 .xHtA.~1lI !5tttQ }IN(. snEr .$VIE"S AMfII.ttI'l.JffOP ~ ~~l,. "; gj, a 'r " ~ "*~ ~ ""!IICfCt:ltl..#~'~ -,.. ;.nMir:ll,~~.~r ,~W!it)lt sr...,.. ~?'I~ Ahtl (~~.~~~~> .sEeD I.Z. ~"S.IINIQEZ!fof ctlU1t _ 1'l 71rm ., CONDITIONS FOR APPROVAL FOR CU-PL2009-1497 1. Ibe Conditional Use is limited to what is shown on the site plan, identified as "Pulling Driving Range Conceptual Site Plan" dated September, 2010. The final design must be in compliance with all applicable federal, state and county laws and regulations. The Department of Zoning and Land Development Review Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this Conditional Use, so long as these minor changes remain consistent with all applicable development standards. 2. Prohibited exotic vegetation must be removed from the subject site (as described in the legal description) at the time of development of the Golf Driving Range. 3. A Type B Landscape Buffer shall be installed along the northern property line. 4. 111e missing portions of the Type D right-of-way landscape buffer along Airport Road shall be replaced at the time of development of the Golf Driving Range. 5. Netting (to catch errant golf balls) shall be installed along the northern and southern edges of the driving range. 6. The operating hours of the driving range shall be no earlier than sunrise and no later than sunset. 7. There shall be no outdoor lighting of the driving range. EXHIBIT C 7 A l'~~ Acct #068779 December 30,2010 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: CU-PL2009-1497, Pulling Driving Range Dear Legals: Please advertise the above referenced notice on Sunday, January 9, 2011 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Ann J ennej 000, Deputy Clerk P.O. #4500096189 NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION ~7A Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, January 25, 2011 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A GOLF DRIVING RANGE WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01. A.1.c.17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR 29.6 ACRES OF PROPERTY LOCATED AT 6500 AIRPORT ROAD NORTH IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Suite #101, 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 M7A FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) December 30, 2010 s---.' }etl\1n~ql1ier CLERK OF rnE'ts~RC~JIT COURT COLLIER COUNTY ,COURTHOUSE 3301 TAMIAMI ~IL EAST p.o. BOX 4\3_044 \ NAPLES, FLORIDA1\4101-3~44 :ik I 1~ J \' \ / ~j 7A Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Mr. John A. Pulling 6500 Airport-Pulling Road N. Naples, FL 34109 Re: Petition: CU-PL2009-1497, Pulling Driving Range 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, January 25, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 9, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~C(. Ann Jenn~, ~eputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com December 30,2010 )e~~OI llier CLERK OF THE b RC IT COURT 3301 TAMIAMI ~IL E ST p.o. BOX ~ ~J44 NAPLES, FLORIDA ~4101-3)44 .:i~ '1 \ c,,!_J ~7 A Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Ms. Karen Bishop PMS, Inc. 2335 Tamiami Trail North, Suite 408 Naples, FL 34103 Re: Petition: CU-PL2009-1497, Pulling Driving Range 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, January 25, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 9, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Chu.-t J,~( Ann Jenn~De~ty Clerk · Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com December 30,2010 ----I ~eO\1nJ>\of-e llier COLLIER COUNTY OUR lflOUSE 3301 TAMIAMI IL EAsT P.O. BOX 4 3044 \ NAPLES, FLORIDA'5VOl-3144 'f~' 4 ,,: \ I ;:,,-,) 7A Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Mr. John A. Pulling 5610 Yahl Street, Suite 6 Naples, FL 34109 Re: Petition: CU-PL2009-1497, Pulling Driving Range 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, January 25, 2011, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 9, 2011. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ kaJ- ,Q~C . Ann J ennJJr(beputy Clerk Enclosure Phone (239) 252-2646 Websi te: www.colIierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com 7 A I (; ~" Ann P. Jennejohn From: Sent: To: Subject: Attachments: Ann P. Jennejohn Thursday, December 30, 2010 9:38 AM Naples Daily News Legals GU-PL2009-1497 Pulling Driving Range GU-PL2009-1497.doc; GU-PL2009-1497.doc Good Morning, Please advertise the attached on Sunday. January 9. 2011. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 1 7 A '4 .: . Ann P. Jennejohn From: Sent: To: Subject: Attachments: postmaster@collierclerk.com Thursday, December 30, 2010 9:39 AM Ann P. Jennejohn Delivery Status Notification (Relay) ATT250091.txt; GU-PL2009-1497 Pulling Driving Range This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. leQals@naplesnews.com 1 ~. 7 A )1 Ann P. Jennejohn From: Sent: To: Subject: Heredia, Blanca [BEHeredia@Naplesnews.com] Thursday, December 30, 2010 10:38 AM Ann P. Jennejohn RE: CU-PL2009-1497 Pulling Driving Range Ok Blanca E. Heredia Naples News Media Group Classified, Display Ad, Online and Circulation Specialist Ph: 239-263-4710 Fax: 239-263-4703 (attn. Blanca) Reminder: Our free ad policy allows you to run your ad for 7 days at NO CHARGE to you! From: Ann P. Jennejohn rmailto:AnnJenneiohn@collierclerk.coml Sent: Thursday, December 30, 2010 9:38 AM To: Legals NDN Subject: CU-PL2009-1497 Pulling Driving Range Good Morning, Please advertise the attached on Sunday, January 9, 2011. Thank you! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (Fax) 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 emailingheIDdesk@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. 1 t 7 A Ann P. Jennejohn From: Sent: To: Subject: Attachments: Heredia, Blanca [BEHeredia@Naplesnews.com] Thursday, December 30, 2010 10:44 AM Ann P. Jennejohn Ad Confirmation UAS2698.jpg Importance: High Hello, please see notice printing on January 9th 2011. A reply with okay to print is required in order for us to move forward. Thank you, Blanca Heredia 239-263-4710 Thank you for placing your ad. Date 12/30/10 Publication NDN Account Number 744102 Ad Number 1882645 Total Ad Cost $249.06 1 NOTICE OF PUBUC H.EARING TO CONSIDER RESOLUTION "'7 A III' " Notice Is hereby given that the Board of County (omrni~siohers of Collier C0unty \Nill h. O.....ld..... . a.........,. p. .Ub.."ll.(;...... ,.h.E..ar.i.n..... 9,........ 0.,. n...rue.~d. _.CI...'.)ll..JanlJ. af1. '.. 25,.2.0.. 11., ,.I,I.lth.e... B.O. ar.. d..... .1'0. O..fTl1. 3r. d FI,?or,.Adminl5tratlonBu.HdIn9" Collier .COlUl~~l Gov~rnrnentCenter,.329.9 East Ta- mlCl.ml Tf(uh N.aple.s..floflda,' . The mef!trng v~111 begrna1 9:00 A.M.. Thet.tle of th~ pl'oposed resolUtion Is as follovv$: ARESOtUT10N OFTH E a,OARD OF ZON1Ntj ARPEALS OF CO~UE~ eOl) ~JTY. FLORI", DA.., PROVIDING FO.R THE E;STABLISHMENl OF AC(JNbfTIONAL USE TO AtLQ\!VA GOLF DRIVING RAlNGEWITHIN AN AGRICULTURAl-fA) ZpNINGDISTRICT PURSUANT TO 5UBSECTION2.03.01. P.. 1.c.17 OF THE COLLI ER COUNTY LAND DEVELOPMENT COD.E, FOR29.6 ACRES OF PR.QPERTY LOCATED AT 6500 AI.RPORT ROAD. NORTH IN SECTION 12, TOWNSHIP 49 SOUll-l., RANGE 25 EASTtCOlLIERCOUNTY~ FLORIDA. Atopy 01. tne propo.sed Resolution is onfHewith th~ Cleik to the Board and is available Tor inspe(tio.11., All interested parties are in\lited tocrttEmd and be heard f\fOTE All Persons\~fishlhg t~$peakol'1any agenda Item must reglste.t.With th~ C~unty Administrator prior 10 presentation of the agenda.item to .be addressed. I ndlvldual. speakers \\1111 bel.ln1ited to.3minutesonan~t item. The selection .of. an it1- d.iVi dIJal.t(j.. sp~...ak... o...n..b.8. h.. B.lf of. ano~9an iza.1Jo.nor.grO~I..p ..is.. enc. O~lr....a... 9.....lE'd. ..If Te<Og- nized by the Chairla spokespersof1.for a groupo.rorgani.zationmaybeallatted lCl minutes to speak .orran iienl. Persons'"vishingto~ave.wTitten~rgr~p.his mdterialslndud~d ]nthe aoardagen,da packetsmusl submitsal.O matenal a mlnlnlUm of :3 weekspnorto the re~pectrve r>u bile he... arin.g,1 tl ~ny (..,as.e; v\l..ritte. n m.. ate rials ..1 ntended to.. b@!c.onsid@re.dbythe Board shall besubmjttedto the 'appropriate County staff amimmum of 5~ven day~ prior tath@ public hearing. AU mat@rlal used in presentations before the Board vvill become a permanent part 0" the record. Arty person ,\Jvho deddestoappeal a dediionoftne Board \vlllneeda f'ecord of 'the proceedir'lgs pertainln~the.reto.. and the,reforeimi:lf. need to ensure "that a verbatirp recQrdof the proceedings IS made, vvhlch record Incrudes the testimony and eVt- den<:e upon whic:h the appeal is based If you are a person .wlth a d IsabiHty who neeqsanYat4tCqrnnlodatlon . i n ..ot(jerto par~ tidpate in this proceeding; YOL{are entideq,at no costtoYOIJ, to the provision of cenainassl$tCi nce,Please <ontact theColU~r COUrrtYFClcllitie$Manage01EmtDepart- men1j locClted at 3335 Tamiami Trail East, BuikHrlQ Wi 5.uite#101, Naplesr Florida 341 !12, (239)252-8380. A~sistedlistenlng devices for the heanng impaired are avail- able in the Gounty Cornmls'Sioner~/ Office. BOARD OF cau I\ITVCQMMJSS.IONERS BOARD OF ZONING APPEALS COLUER. COUNTY, FLORIDA FRED (OV1E, CHAIRMAN D\.NIGHT E. BROCK, CLERK By: Arm JennejohnrDepu1y Clerk (SEAt) JamJarY . ,9j 2011 No. 1882645 NAPLES DAILY NEWS Published Daily Naples, FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Kim Pokarnev, who on oath says that she serves as the Accounting Manager of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on January 9,2011 time in the issue 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 I 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, finn or corporation any discount. rebate, commission or refund for the purpose of securing this advertisement for publication 'n the s' ewspaper. Sworn to and subscribed before me This 12th day of January, 2011 " ~~;"'" "<t>~ KAROL E KANGAS : . E Notary Public. Slale of Florida \~" <>~~ My Comm. Expires Jul29, 2013 ",f;,?Wa~'" Commission # DD 912237 7A ~ ,- ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE t7A 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 Officc 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 exce tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5 . Office Initials Date a qlll (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 stafffor 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 Contact Agenda Date Item was January 25, 20 II A roved b the BCC Type of Document Attached 1. 2. 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Clerk of Court's Office 239-252-2484 7.A. Yes (Initial) N/ A (Not A licable) 6. Minutes and Records PRIMARY CONTACT INFORMATION Phone Number Agenda Item Number o/A 1: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Resolution ZQ\\- \C;O Number of Original Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the fmal ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on . (enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. 2. 3. 4. 5. 6. 117 A MEMORANDUM Date: February 10,2011 To: Nancy Gundlach, Principal Planner Zoning & Land Development Reivew From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2011-18: Denial of CU-PL2009-1497 - Pulling Driving Range Attached for your records is a copy of the document referenced above, (Item #7 A) adopted by the Board of County Commissioners on January 25, 2011. The Minutes and Record's Department will hold the original in the Official Record's of the Board. If you have any questions, please feel free to call me at 252-8411. Thank you. Attachment '17 A :f RESOLUTION NO. 11- 1 8 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, DENYING THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A GOLF DRIVING RANGE WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01. A.1.c.17 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR 29.6 ACRES OF PROPERTY LOCATED AT 6500 AIRPORT ROAD NORTH IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 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 for a golf driving range within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01. A.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: Petition Number CU-PL2009-1497 filed by Karen Bishop ofPMS Inc., representing John A. Pulling, Jr., Trustee, with respect to the property hereinafter described in Exhibit "A", be and the same is hereby DENIED for lack of the necessary votes for approval ofa Conditional Use for a golf driving range within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.1.c.17 of the Collier County Land Development Code, for the reasons set forth in a record of the proceeding. Pulling Driving Range\CU-PL2009-1497 Revised 1/28/11 10f2 t7A BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion for approval of the Conditional Use failed to achieve the necessary four of five votes for passage of the Conditional Use, this '.2!6.... day of January, 2011. ATTPC;:~' ?/) . fJ~'~b ~~>~~.<-..~ -"." '::.'~ DW.{GB'yE:.BR~, CLERK ~6 ..'r~ ( ~, /,~~t:::c .... t ..t ,~,'<::Deoutv Clerk .>. '. ,. . ,,:'011' t"Wt!Ii 4 .*.t.t,;~. it BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA '-/ · W ~ By: ~ . FRED W. COYLE, Chal Approved as to form and legal sufficiency: -CLVA A- Uo Heidi Ashton-Cicko Assistant County Attorney Section Chief, Land Use/Transportation Attachments: Exhibit A - Legal Description 09-CPS-00984/42 Pulling Driving Range\CU-PL2009-1497 Revised 1/28/11 20f2 f 7 A LEGAL DESCRIPTION: THE NORTH % OF THE NORTH % OF THE NORTH % OF THE NORTHWEST 14 LESS WEST 100' FOR R.O. W. SEC1l0N 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA. CONTAINING 19.768 ACRES. MORE OR LESS. AND THE NORTH % OF THE SOUTH % OF THE NORTH % OF THE NORTH % OF THE NORTHWEST )4. SEC1l0N 12, TOWNSHIP 49 SOUTH, RANGE 25 EASt COLLIER COUNTY. FLORIDA, LESS mE WEST 100 FEET mEREOF, CONTAINING 9.896 ACRES, MORE OR LESS. EXHIBIT A '7 A ~'4'" ..... Q ..... Q Q1 ~ Q1 ~ 0'1 IX .0'1 IX "0 (f)Z c( "0 (f)Z c( ::::I tn6 w ::::I I-::J W Ea ::E: Ea (f)0 ::E: ~u CJ ~u CJ c. CC LL Z c. 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