Backup Documents 06/14-15/2011 Item #17C
17 C
I
.
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 Depti Div: GMD/Zoning Person: Nancy Gundlach, Principal Pla'nner
Date: May 13, 2011
Petition No. (If none, give brief description): PL20100001949
Petitioner: (Name & Address):
JCS REALTY GROUP LLC
2614 TAMIAMI TRAIL NORTH #615
Naples, FL 34103
Hearing before X BCC
BZA Other
Requested Hearing date: Tuesday, June 14, 2011. Based on advertisement appearing 20 davs 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
CU-PL2010-1949, Hitching Post Plaza, a Resolution of the Board of Zoning Appeals of Collier County,
Florida, providing for the establishment of a Conditional Use to allow a coin operated amusement
arcade within a C-3 Zoning District pursuant to Subsection 2.03.03.C.1.c.4 of the Collier County Land
Development Code for property located in Section 33, Township 50 South, Range 26 East, Collier County,
Florida.
Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs:
-131.1~&"~b-b4MQO onnnn ~ bb~ t?) ~~ OooL)b L59
Reviewed by:
Division Administrator or Designee
List Attachments:
Date
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: br~~l ) (
17C
May 13, 2011
Board of County Commissioners Public Hearing
Advertisina ReQuirements
Please publish the following Advertisement and Map on Mav 27. 2011, 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 lona 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 followina on ALL Invoices:
DEPARTMENT: LAND DEVELOPMENT SERVICES
Zoning Review Section
FUND & COST CENTER: 131-138326-649100-00000
PURCHASE ORDER NUMBER: 4500096189
Account Number: 068779
17 C 't
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, June 14, 2011, 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-PL2010-1949, Hitching Post Plaza, a Resolution of the Board of Zoning Appeals of Collier County,
Florida, providing for the establishment of a Conditional Use to allow a coin operated amusement arcade
within a C-3 Zoning District pursuant to Subsection 2.03.03.C.1.c.4 of the Collier County Land
Development Code for property located in Section 33, Township 50 South, Range 26 East, Collier
County, Florida. [Coordinator: Nancy Gundlach, AICP, Principal Planner]
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: Patricia Morgan
Deputy Clerk (SEAL)
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Teresa L. Polaski
Subject:
Attachments:
Gundlach Nancy [NancyGundlach@colliergov.net]
Friday, May 13, 2011 3:36 PM
Minutes and Records
Lorenz, William; Bellows, Ray; Patricia L. Morgan; Rodriguez, Wanda; Neet, Virginia;
Ramirez, Heather
Ad Request for Hitching Post CU
NDN Ad to Clerk for Hitching Post RT 5-13-11.rtf; CUPL 101949(2x3) .pdf
From:
Sent:
To:
Cc:
Good afternoon,
Please process the attached BCC Naples Daily News ad. Prior to processing the ad, please send me a confirmation for approval.
Sincerely,
Nancy
Nancy Gundlach, AICP, RLA
Principal Planner
Growth Management Division
Department of Land Development Services
2800 North Horseshoe Drive
Naples, FL 34104
telephone: 239-252-2484
nancvgundlach@colliergov.net
Under Florida Law, e-mail addresses are public records, If you do nol want
electronic mail to this entity" InsteiJd, cont2cl this office tJY telephone or in
e..rnall address released in response to il public records request. do not send
1
17 C,
Acct #068779
May 13,2011
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: CU-PL2010-1949, Hitching Post Plaza
Dear Legals:
Please advertise the above referenced notice on Friday, May 20, 2011 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.o. #4500096189
17 C !,
May 13, 2011
Board of County Commissioners Public Hearing
Advertisin(l Reauirements
Please publish the following Advertisement and Map on Mav 20.2011, and furnish proof of publication to
the Minutes and Records Department. The advertisement must be two columns wide x 10 inches lon(l
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 followin(l on ALL Invoices:
DEPARTMENT: LAND DEVELOPMENT SERVICES
Zoning Review Section
FUND & COST CENTER: 131-138326-649100-00000
PURCHASE ORDER NUMBER: 4500096189
Account Number: 068779
17C ~,
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, June 14, 2011, 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) as the Board of Zoning Appeals, will consider the enactment of a County
Ordinance, The meeting will commence at 9:00 A.M. The title of the proposed Resolution is as follows:
CU-PL2010-1949, Hitching Post Plaza, a Resolution of the Board of Zoning Appeals of Collier
County, Florida, providing for the establishment of a Conditional Use to allow a coin operated
amusement arcade within a C-3 Zoning District pursuant to Subsection 2.03.03.C.1.c.4 of the
Collier County Land Development Code for property located in Section 33, Township 50 South,
Range 26 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, 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
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
FRED W, COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
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May 13,2011
JCS Realty Group, LLC
2614 Tamiami Trail N. #615
Naples, FL 34103
Re: Petition: CU-PL2010-1949, Hitching Post Plaza
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners as the Board of Zoning Appeals, on
Tuesday, June 14, 2011, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Friday, May 20, 2011.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Polaski, Deputy Clerk
Enclosure
Teresa L. Polaski
17 C ' 1.11
Subject:
Attachments:
RodriguezWanda [W andaRodriguez@colliergov.net]
Friday, May 13, 2011 4: 17 PM
Gundlach, Nancy; Minutes and Records
Williams, Steven; lorenz, William; Bellows, Ray; MorganTrish; Neet, Virginia; Ramirez,
Heather
re: Ad Request for Hitching Post CU
NDN Ad to Clerk for Hitching Post RT 5-13-11.rtf; CUPl1 01949(2x3) .pdf
From:
Sent:
To:
Cc:
The requested ad run date of May 27,2011 is only 19 days before the meeting. We are trying to allow
more time than that when possible. A better date would be Friday, May 20, 2011.
Also, the item being considered is a resolution and not an ordinance; the word 'ordinance' throughout
the ad should be changed to 'resolution.'
Wanda Rodriguez, ACP
Advanced Certified Paralegal
phone: (239) 252-8400 fax: (239) 252-6300
New address as of November 1, 2010:
Collier County Office of the County Attorney
3299 Tamiami Tr, E., Suite 800
Naples, Fl 34112-5749
From: GundlachNancy
Sent: Friday, May 13, 2011 3:36 PM
To: Minutes and Records
Cc: lorenzWilliam; BellowsRay; Trish L. Morgan; RodriguezWanda; Neetvirginia; RamirezHeather
Subject: Ad Request for Hitching Post CU
Good afternoon,
Please process the attached Bee Naples Daily News ad. Prior to processing the ad, please send me a confirmation for approval.
Sincerely,
Nancy
Nancy Gundlach, AICP, RLA
Principal Planner
Growth Management Division
Department of Land Development Services
2800 North Horseshoe Drive
Naples, FL 34104
telephone: 239-252-2484
nancygundlach@colliergov.net
1
17 C '1
Martha S. Vergara
From:
Sent:
To:
Cc:
Subject:
/'
(
William venWilliams@colliergov.net]
/Mofi<fay, May 16, 201 0:35 AM
/~ Ashton, Heidi
, MarthaS.Ve~a~
RE: Map question
~ -
"-~-
Heidi and Martha,
To the best of my research, a location map is required to be advertised only when there is a change to an official zoning
map (including allowed Conditional Uses) for parcels over 10 acres. (L.D.C. 10.03.05.E.3).
I find nothing that says an Alcoholic Beverage Waiver needs a map published (Either in 5.05.01.A or in Section 10 of the
LDC).
The Hitching Post Plaza is only 4.46 acres according to my file.
Thus, neither requires a published map.
_"U. _
~
s;:--
~
Steve
St~\el1 T. Williams
Collier County Attorn~y's Office
(239) ~52-8400
st~vel1wi II iams{@colliergov.net
From: AshtonHeidi
Sent: Monday, May 16, 2011 9:59 AM
To: WilliamsSteven
Subject: FW: Map question
Steve,
Please check the LDC to confirm that a map is not required for the petitions below and let me and Martha know. Thank
you.
Heidi Ashton-Cicko
Heidi Ashton-Cicko
Assistant County Attorney
Land Use Section Chief
Phone (239) 252-8400
Fax (239)252-6300
Note Address change on November 1. 2010 Office of the County Attorney, 3299 East Tamiami Trail, Suite 800,
Naples FL 34112
From: Martha S. Vergara rmailto:Martha. Vergara@collierclerk.coml
Sent: Monday, May 16, 2011 9:49 AM
To: AshtonHeidi
Cc: NeetVirginia
Subject: Map question
Hi Heidi,
17 C
We had two ads come to us on Friday that have maps. Do the maps need to be advertised? Normally we don't
advertise maps for CU's and this will be the first ABW that I handle so it's just a question for the following:
-'f. ABW-PL2011-0568 Silver Spot at Mercato
;fr CU-PL2010-1949 Hitching Post Plaza
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
and 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 emailinghelodesktolcollierclerk.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.
cf',;urds If you do 110t want your ('.mad addr,"ss releas"d 111 response to a pllt;IIC records r"quest, do 110t send
('11::>,. by. t(:iephcnf~ or HI '_'.lIlting
2
Martha S. Vergara
17C
From:
Sent:
To:
Subject:
Attachments:
Martha S. Vergara
Tuesday, May 17, 201110:55 AM
Naples Daily News Legals
CU-PL2010-1949, Hitching Post Plaza
CU-PL2010-1949 (Hitching Post).doc; CU-PL2010-1949, Hitching Post.docx
Legals,
Please advertise the following attached ad on Fridav. Mav 20. 2011.
Send an ok when you receive.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
and Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
1
17 C ....~
Martha S. Vergara
From:
Sent:
To:
Subject:
Legals NON [Iegals@naplesnews.com]
Tuesday, May 17, 20111:52 PM
Martha S. Vergara
RE: CU-PL2010-1949, Hitching Post Plaza
OK
P.meCy CPaoan
Leaa{ (])ept.
CDirect: 239-213-6061
Pa.:{; 239-263-4700
P.mau CeaalS to: CegalS@napCesnews.com
\,
From: Martha S. Vergara rmailto:Martha.Verqara@collierclerk.coml
Sent: Tuesday, May 17, 201110:55 AM
To: Legals NDN
Subject: CU-PL2010-1949, Hitching Post Plaza
Legals,
Please advertise the following attached ad on Fridav. Mav 20. 2011.
Send an ok when you receive.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
and Value Adjustment Board
Office: (239) 252-7240
1
17C
'~
Martha S. Vergara
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews.com]
Tuesday, May 17, 2011 2:04 PM
Martha S. Vergara
Ad Confirmation
UAS12A.jpg
ATTACHED please REVIEW your notice & confirm APPROVAL via EMAIL.
Should you have any questions, changes or corrections, please contact me via EMAIL.
No verbal changes or approvals accepted by phone, via email ONLY.
Thank you for placing your ad.
Ad Number 1902909
Total Ad Cost $249.06
Emely Pagan
213-6061
1
NOTICE OF PUaU~ HEAFtING
17C
NGtlcelsh)1reOyglv~n tbat on T~day, J~ne 1.4f'~Q11, ir'Tthe~,~~.rQofC:o~nty iC0.m-
m'lssionarsmeeting rOCtOO"tt'tird fl~r;i Ct:)U1erG_~rru~l!nt ceJ,t~rt 3299 Ea~~Tami~~
ml Trail, NaptesFL., t~~J~pi.lrd ofC9,un-ty,C:Q~m~l~ers,'<flCq,as tOE! .a~rd oflorr~
In; ApPJ!als. vvilJ ~on$rder:Jh~~~,na~ment0f~,.cOlJry:tyi ~~p.llo!:tlon. Th,.e rneetingwlll
CO,mmE!:Oc.@ at 9~OO A.M. The title Qft~e,prof.'~R~IYtlon ~,as, folloW$:
CU.P1201o-'949~. H1TCHING.'.POSrpl:AZAI.,A RESOl..LmON Ot.THE.BQARD OEl-ON'.
ING APPEALSOFCOLLIl:RCOUNTY, FLORfQA. PROV10.1,NG FOR TI-IEESTABL.lsH.
MENT OF A CONDtTIONA,L USE TO, ALLOW A COIN. OPERATED, AMaJSEMENT'AR..
CADEWITHU4AC..3 ZONI NGDISTRrCTPU RstJ,ANT TOSUBSKTION 2.0'3..03.1C.1..C.4
OF THE CO LUER COUNTY. LAND ()EVELOPMENT CODE FOR PROPERTY LOCATED IN
SECTtON 33t TOWNSHIP 50 SOUTH, RANGE 26 EAST~ COLl.IER COUNTY, FLORIDA.
[COORDINATOR: NANCY GUNDLACH, AICP, PFtJNClPAL PLANNER}
A copy of thE' p.roposed R~otu1ioni5 on'fHewit.ht,hecrerk t'O the~ard and 'Ii
a\tsHable for ihspectiorl, All illterestedparties are invited to attend ahd be he.~rd.
~~J;tt~:~::e~ ;i~~'~g~~l&H~~t~~n~~~~n::&~~~IWJ; ~~g~~~~~~~~3,
Individual s~akers "vilt p,e n:mited 'tQ 1 minytes oni;lny lt4!m. 'The se'lection of any
IndIVldl:J;a,.."J, to sp~alc on beh,alf of an erganllt1ti,on or group 'sel1~ourag~d. If re(<?g~
nizeo. by,the Chairman,asl?,9kespef5onfor a grOup or organizatron may<De,allottea
10 minutes to. speak on an item. .
?ersonswrshln 9 to have wttttenorgrapt1it: materials Included in the Bo'ard ,agenda
packets must submit said materi~1 a mlnirnumof3 weeks priof'to the resp-ectiva
pu bti r:. hearing, 'In any ~., writtenmate~jilI5' Intended to be considered by 'the
Il~ard shaH b~su9mitt~ to the approprIate County staff a ,!,inlmum o:f severt days
pn.or to the public 'ne.arlng. All mate~Jals used In prf?Sent~tlon5 ~fore the :Board
\Mil becomes PQrmanent part 'of the: record.
J11'Y pe,rson yvho ,decides to aF?pealanyd~ds:ion()f tt1~89ar:~. V'iJiU.,~ed a recor~ Qf
the ~rQCeeqln9spertatn tng.thereto:c~h;~ therefore,m~, needi~o ~~~r~ that ~ver-
bl!tim rec~rd of t.~~ prpc~~dln'gs i5,m~d~J whiCh 'f'~~or(j l"dud@s theh!~fmQf1Yf3nd
eVidence upE)n wnl<:h the appeal Is 'baseel..
It ~ouar~ aJ=l,~l"$on.With.a dlsablHty whe, needs any acco01modatiO'nFnord~r tp par-
tKlp~e In .thlsproc:eedlng1y,ou are entltl~,dJat.noccstt,o;V:OLJI to the prov,lslah' of
cert.a, 0, , a, SSist,a, nc.e. ,PI~as, e cant, a,.cttl1eCOllfE!T "'"~oun,,,'1YFad, .I,.,ties .M,.',., anag~men"~t',D,,ep~rt"",
ment,rJQcat-ed at 1335 TiElml'amJ TratlEastt Suite to,1.J Naple~, .:tt-L 341''12.0356, (239)
2S2+838G, at least two d.&;y$ prio,r. 'to themeetfng. Ass[sted litterting deVlc~ for the
h,e:aring, impaired an~ available in the Board of,County CGmmissioners. Office.
BOARD OFCOUNTV COMMISSIONERS
BOARD Of ZONtNG APPEALs
COWER COUNTY" 'FLORIDA
FRED W. COYLE, CHAIRMAN
DW!GHT E. BROCl<} 'ClERK
By:M artha Vergara,OepU'tyClerk
(SEAL)
May 2(), 2Q11
NQ.19Q2909
17C
Martha S. Vergara
From:
Sent:
To:
Subject:
Naples Daily News [naplesnews@clicknbuy.com]
Thursday, May 19, 201111:10 PM
Martha S. Vergara
Thank you for placing your classified advertisement.
Ad # 1902909
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, June 14,2011, 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) as the Board of Zoning Appeals, 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-PL2010-1949, HITCHING POST PLAZA, A RESOLUTION OF THE BOARD
OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT
OF A CONDITIONAL USE TO ALLOW A COIN OPERATED AMUSEMENT ARCADE WITHIN A C-3
ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.03.C.1.C.4 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA. [COORDINATOR: NANCY GUNDLACH, AICP, 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 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE,
CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) May 20, 2011
No 1902909
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for the buyer.
1
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 Pokarney, 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 May 20,201 I
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, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication i the said M'spaper.
Sworn to and subscribed before me
This 24th day of May, 2011
~ -
""n"",
~"~..,,y Pu,,", KAROL E KANGAS
~~m<t>'~
f. * : . ~ Notary Public. Stale of Florida
\-:.: 9~f My Comm. Expires Jul 29. 2013
'\.'::'~OFfc(f;..,~,.. Commission # DD 912237
""11\
~
17 C
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 C
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 forwardcd to the Board Office only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
ex tion of the Chairman's si ature, draw a line tbrou routin lines #1 throu #4, co lete the checklist, and forward to Sue Filson (line #5).
Office Initials Date
GMD-P & R/Operations &
Re atory Mgm1. De 1.
2.
3.
4.
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Clerk of Court's Office
fe/t)" I(
6. Minutes and Records
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 Gundlac~
Contact
Agenda Date Item was June 14,2011
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Resolution
Number of Original
Documents Attached
239-252-2484
17.C.
Yes
(Initial)
N/ A (Not
A licable)
tol
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 final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature 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 ofBCC 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 June 14. 2011 and all changes made
during the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, if a licable.
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24,05
2.
3.
4.
5.
6.
17C
MEMORANDUM
Date: June 16, 2011
To: Nancy Gundlach, Principal Planner
Comprehensive Planning - GMD
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2011-102 Hitching Post Plaza
Attached for your records is a copy of the document referenced above, (Item #17C)
adopted by the Board of County Commissioners on Tuesday June 14,2011.
I have also included an original Affidavit of Publication from Naples Daily
News to confirm an official public hearing notice was published.
The Minutes and Record's Department will hold the original resolution for the
Board's Official Record.
If you have any questions, please feel free to call me at 252-8406.
Thank you.
Attachment
17 C
RESOLUTION NO. 11- 1 02
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A
COIN OPERATED AMUSEMENT ARCADE WITHIN A C-3
ZONING DISTRICT PURSUANT TO SUBSECTION
2.03.03.C.1.c.4 OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE FOR PROPERTY LOCATED 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
of a Coin Operated Amusement Arcade within a C-3 Zoning District pursuant to Subsection
2.03.03.C.1.c.4 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-PL201O-1949 filed by Christopher Shucart, representing JCS Realty
Group, LLC, with respect to the property hereinafter described in Exhibit "A", be and the same is
hereby approved for a Conditional Use for a Coin Operated Amusement Arcade within a C-3
Zoning District pursuant to Subsection 2.03.03.C.1.c.4 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.
Hitching Post Plaza / CU-PL20 1 0-1949
Rev. 4/26/11 1 of 2
17 C
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
--J This Resolution adopted after motion, second, and super-majority vote, this ~ day of
lU(\e ,2011.
ATTEST: "
DWIGHT E.<~~~~{~~RK
.:~;>~..;' ~~,...~ ~!:I . ..
. ,
;,,;:.,~ ': t,~,: L
I ~ : ~~. ~
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY: '1uLW. ~
FRED W. COYLE, Chauffi
BY!'
Approved as to form
and legal sufficiency:
~ .l-J1l ·
Steven T. Williams Sf.,)
Assistant County Attorney "I1:11!1l
Attachments: Exhibit A - Legal Description
Exhibit B - Conceptual Site Plan
Exhibit C - Conditions
CP\ll-CPS-01082\22
Hitching Post Plaza I CU-PL2010-1949
Rev. 4/26/11 20f2
./
Legal Description of Property
7C
A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 33,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRlBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST V4 OF
SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA; THENCE NORm: 2049'48" EAST ALONG THE WEST LINE OF THE
NORTIlWEST Y4 OF SAID SECTION 33 FOR 884.91 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF V.S. HIGHWAY NO. 41 (STATE ROAD
NO. 90) A 200.00 FOOT RIGHT OF- WAY, THE SAME BEING A POINT ON A
CIRCULAR CURVE; THENCE 44.24 FEET ALONG THE ARC OF A CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 3210.55 FEET, A
CENTRAL ANGLE OF 0047'22" SUBTENDED BY A CHORD WHICH BEARS
SOUTH 54001'20" EAST FOR 44.24 FEET; THENCE CONTINUE ALONG SAID
SOUTHERLY RlGHT-OF-WA Y LINE OF U.S. IDGHWA YNO. 41, SOUTH
54025'01" EAST FOR 134.94 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED; THENCE CONTINUE SOUTH 54025'01" EAST
FOR 929.42 FEET ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE TO nm
WESTERLY RIGHT -OF- WAY LINE OF BAREFOOT WILLIAMS ROAD, A 60
FOOT RIGHT-OF-WAY; THENCE SOUTH 35034'59" WEST FOR 200.00 FEET
ALONG SAID WESTERLY RIGHT -OF- WAY LINE TO THE NORTHERLY
PROPERTY LINE OF THE HITCHING POST TRAILER PARK; THENCE NORTH
, 54025'01" WESTFOR 831.36 FEET, ALONG SAID NORTHERLY PROPERTY
LINE, AND ALSO BEING 200 FEET SOUTH AND PARALLEL TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 TO THE
SOUTHEAST CORNER OF THAT PROPERTY DESCRIBED IN OFFICIAL
RECORD BOOK 1913, PAGE 1601, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA; THENCE NORTH 25043'36" EAST FOR 16.28 FEET ALONG
SAID PROPERTY LINE; THENCE CONTINUE ALONG'SAID PROPERTY LINE
NORTII 19030' 57" WEST FOR 87.30 FEET; THENCE CONTINUE ALONG SAID
PROPERTY LINE NORTH 73005'57" WEST FOR 25.00 FEET; THENCE CONTINUE
ALONG SAID PROPERTY LINE NORTH 35034'59" EAST FOR 27.00 FEET TO TIffi
SOUTHEAST CORNER OF THE PROPERTY DESCRIBED IN OFFICIAL RECORD
BOOK 1315, PAGE 1853, OF TIlE PUBIC RECORDS OF COLLIER COUNTY,
FLORIDA; THENCE CONTINUE NORTH 35034'59" EAST FOR 115.00 FEET
ALONG SAID PROPERTY LINE TO THE POINT OF BEGINNING.
Exhibit A
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CONDITION FOR APPROVAL
FOR
CU-PL2010-1949
17C
1. The Conditional Use approval is subject to the removal of the dead hedge material from the
Type D right-of way landscape buffer along Tamiami Trail East (US 41). The dead hedge
material shall be replanted with 3-gallon, 18-24 inch height plant material.
2. The hours of operation are limited to 9:00 a.m. to 1 :00 a.m.
3. The building area for the coin operated amusement devices is limited to 10,000 square feet.
EXHIBIT C