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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) ~ Z -I =E 0 :::0 -I ::r: z }>-I }> ""0 0:::0 r fTl :::o}> rrl (/) rrlr (/) -I (/) }> s::: ~ }> z (/) 0 :::0 17 C 1 tN N tN co r fTl r :< }> :::0 ..--.. (/) r- Oo lJ :::0:::0 0 ......., -I 0 :0 0 0 0 s::: ~ s::: L. c m z - -I 0 0 -< tN ~ Z ~ N '-.J 0 -<- C.R. 951 ..--.. ""0 Z 0:::00 :::Orrlz COLLIER BOULEVARD c~G) 17C 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) 17C r, ~ ;d Z rrl ~ rrl =E 0 :::0 ~ I Z ~~ ~ "U 0:::0 r ITJ :::o~ rrl (/) rrlr (/) ~ (/) ~ ~ ~ ~ Z (/) 0 :::0 (,N N (,N OJ r fTl r :< ~ :::0 '" (/) r- Oo \J :::0;0 0 '-/ ~ 0 :n 0 0 0 ~ ~ ~ Co- c m z - ~ 0 0 -< (,N ~ Z --I N -....J (") -<- C.R. 951 '" "U Z 0:::00 :::orrl- COLLIER BOULEVARD _(/)z '-/ (/) G) 17 C t i~ 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 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. 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. 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('ltt:) ~i~ ~~e ..... ... ~ I ~ I'"' e ~ a~ ... - <( iii ~ . ~ ~ . <( ... ~ ~ ~ ~ ! ~ j Il&~~~ II, u: tl~;' Jh .I:d~d! ,~~ ,....",\ i:'iI',r ,,5' "' 17 C ~ ~ ~;d l. \' I ~i:} a~ i !; ~ t;J "JI~~ 's 0 > '1 IIh -; e5 ~ i >l.j.s l~ "" o\l" ~ =. is i I! 2 ~:~i i.<tR l-T $l~ ~ % fA'jj J ;~ "" a I ~ "i ex> f - ~ I f il f~ 1 ~: i;1 I ~i t4Ct, ~~ i Ii I 01 . ~ d ~ .e~ . i i ~~i ~) i'~~~ . ..,~i! .1 i~~il )~ ~~::~ .......i'" m~~ ED .., :a :c x w 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