Backup Documents 06/14-15/2011 Item #17B
17B
.",
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 DeptJ Div: GMD/Zonin~ Person: Nancy Gundlach, Principal Planner
Date: May 13, 2011
Petition No, (If none, give brief description): PL20110000568, Mercato LLP, Silver Spot Theatre
Petitioner: (Name & Address):
Grady Minor & Associates, Inc
D. Wayne Arnold
3800 Via Del Rey
Bonita Springs, FL 34134
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before X BCC
BZA Other
Requested Hearing date: Tuesday, June 14, 2011, Based on advertisement appearing 20 days before hearing,
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
Other
Legally Required
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? X Yes. No; t If Yes, what account should be charged for advertising costs:
111 138326.643199 999~ "iJ::- CtJ'&~1
4~~Co(
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: I _/1/1 I , ~~ .,.......~ ~ .
Date Received: ~ Date of Public hearing: ~ Date Advertised: ~. J / cW
~'1-0~ l\
17 B q~
May 13, 2011
Board of County Commissioners Public Hearing
Advertisina ReQuirements
Please publish the following Advertisement and Map on Friday. May 25. 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 B
,~
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 Resolution is as follows:
ABW-PL-2011-0568, Silver Spot Theatre, a Resolution of the Board of Zoning Appeals of Collier County,
Florida, relating to Petition Number ABW-PL-2011-0568, granting a waiver pursuant to Section
5.05.01.A.6 of the Land Development Code, concerning two establishments selling alcohol for on-site
consumption and deriving less than fifty-one percent of their sales from food items and having a minimum
separation distance of less than 500 feet from another such establishment, which are located at units
8205 and 8210 in the Mercato Mixed Use Planned Unit Development in Section 34, Township 48 South,
Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner]
A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All
interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to
presentation of the agenda item to be addressed. Individual speakers will be limited to 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)
'"'0
OCO(TJ
:::O)>r
_-<0
'--"" )>
z
~
6
rn
;0
co
r==
-I
co
~
()
::x:
;u
~
o
(JoJ
(JoJ
;0'"'0
0-
C)Z
(TJ(TJ
(C.R. 851)
GOODLETTE-FRANK
--~~
(JoJ 0)> r
(J1 ;o~O
'--""I)>
Z
r"'1J
O:D
00
~L
-m
00
Z-I
(C.R. 31)
AIRPORT-PULLING ROAD
VANDERBILT DRIVE
(C.R. 901)
Z
'"'0)>
)>'"'0
;0 r N
^ (TJ CO
(f)
(U.S. 41)
TAMIAMI TRAIL
__~'"'O
0)>(TJ
;o;oc
-(f)0
'--""I)>
Z
N
'-l
o r;;;
(TJ'"'O
rrt;o;o
:::o^~
(f)
~2
(TJO
CJ') 0;0
-l 0-1
ON)> CJ')I
Z "." r-
(TJ v' __ 0
CO (f)(TJ
;0 '--""
o
G')
fTl
17 B " t 1
;::02
0)>
)>~
om
en
I
-s::
0s::
;::00
CX>~
.tlo.r
~m
m
o
CJ')O
0<
C(TJ
)>2
~;d
-<
CJ')C)
I;O
0)>
'"'Oz
'"'0)>
CJ'))>
\
("')"U{/)
OrC
2)>;:0
<("');:0
)>fTlfTl
M -<
(/)
("')
fTl
2
--l
()--lG'>
fTl:;U:;U
21'T1fTl
rr1fTllTI
:;u z
Teresa L. Polaski
17 B 1
From:
Sent:
To:
Cc:
Gundlach Nancy [NancyGundlach@colliergov.net]
Friday, May 13, 2011 2:09 PM
Minutes and Records
Lorenz, William; Bellows, Ray; Patricia L. Morgan; Rodriguez, Wanda; Neet, Virginia;
Ramirez, Heather
Bee Advertisement Request
Bee Advertising Notice (Gold sheet) RT 5-13-11.rtf; ABWPL 11568(2X3).pdf
Subject:
Attachments:
Good afternoon,
Please process the attached information. Please send me a confirmation for my approval prior to processing.
Thank you,
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
Under Florida Law, e-mail addresses are public records, If you do not want
electronic mail to this entity. InsterYI, ccntact this by teiephone or in
e-rnail address
in
to a public records request, do not send
1
17 B · .f t1
May 13, 2011
Board of County Commissioners Public Hearing
Advertisina ReQuirements
Please publish the following Advertisement and Map on Friday. May 20. 2011. and furnish proof of
publication to the Minutes and Records Department. The advertisement must be two columns wide x
10 inches lona in standard size, and the headline in the adverNsement 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 B ""If
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 Resolution is as follows:
ABW-PL-2011-0568, Silver Spot Theatre, a Resolution of the Board of Zoning Appeals of Collier County,
Florida, relating to Petition Number ABW-PL-2011-0568, granting a waiver pursuant to Section
5.05.01.A.6 of the Land Development Code, concerning two establishments selling alcohol for on-site
consumption and deriving less than fifty-one percent of their sales from food items and having a minimum
separation distance of less than 500 feet from another such establishment, which are located at units
8205 and 8210 in the Mercato Mixed Use Planned Unit Development in Section 34, Township 48 South,
Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner]
A copy of the proposed Resolution is on file with the Clerk to the Board and is available for inspection. All
interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to
presentation of the agenda item to be addressed. Individual speakers will be limited to 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)
17 B
J
V ANDERBIL T DRIVE ;::02
~ (C.R. 901)
0)>
Z )>~
0
rn om
;0 (J)
en ..!..
- -s:
r-
"'U -; 0s:
'8 CD ITl <...N z
:::O)>r <...N en "'U)> ?JO
--<(') ~ )>"'U (X)~
.......... )> :::Or N
Z ^1Tl CO .f:>.r
() (f) ~m
::r m
(')
;0 (/)0
~ 0<
CITl
0 (U.S. 41) )>Z
;:O-i
TAMIAMI TRAIL 1Tl:::O
-<
__3::~
<...N 0)> r
(Jl :::0 ~ (')
..........I)>
Z
r-,:t
O:l)
00
~L
-m
00
Z-I
3::Z
ITlO
(f) 0:::0
-i (')-1
ON)> (f)I
Z 0) r-
ITl __ 0
CD (f)rrl
:::0 ..........
o
G)
ITl
iT1:::O:::O
:::o^~
(f)
:::o"'U
0-
C)Z
ITlITl
__3::"'U
0)>1Tl
;:o:::oC
-(f)()
..........I)>
Z
(C.R. 85~)
GOOOLETTE-FRANK
(C.R. 31)
AIRPORT-PULLING ROAD
(")"lJ(/)
OrC
Z)>:;:o
<('):;:0
l>1TlJ'Tl
M -<
(/)
(")
ITI
Z
.....
()-tG">
1TI;o;o
ZITIITI
r;:11T11T1
;0 Z
Dwight E. Brock
Clerk of Courts
r--- --~----.
~y~j)fe~llier
CLERK OF THE G~RCt TIT COURT
COLLIER COUNTY OUR~ffOUSE
330 I TAMIAMI IL EAsT
P.O. BOX 4 3044 \
NAPLES, FLORIDA ~tl 0 1-3144
1"C\\ !
~
17 B
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
May 13,2011
Grady Minor & Associates, Inc.
D. Wayne Arnold
3800 Via Del Rey
Bonita Springs, FL 34134
Re: ABW-PL2011-0568; Silver Spot Theatre
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
~~\c
Teresa Polaski,
Deputy Clerk
Enclosure
Phone (239)252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Teresa L. Polaski
17B
:"
To:
Subject:
Attachments:
W andaRodgriquez@colliergov.net
Corrected Ad Date for ABW-PL2011-0568
ABW-PL-2011-0568 (Silver Spot Theatre).docx; ABWPL 11568(2X3).pdf
Hi Wanda,
If you could give me an ok to send this NDN with the new ad date. I will be on vacation next week and I'd like to get it
out. Thanks
Attached is the corrected ad.
Teresa L. Polaski, BMR Clerk III
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Polaski@collierclerk.com)
1
Teresa L. Polaski
17B
4
To:
Subject:
Attachments:
W andaRodgriquez@colliergov.net
ABW-PL2011-0568, Silver Spot Theatre
ABW-PL-2011-0568 (Silver Spot Theatre).docx; ABWPL 11568(2X3).pdf
Hi Wanda,
Please review the attached advertising for the June 14, 2011 BCC Meeting, before I send it to NON for publishing (per
your ad date of Friday, May 27, 2011.) Thanks
Teresa L. Polaski, BMR Clerk ilr
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
1
Teresa L. Polaski
178
~
From:
Sent:
To:
Cc:
Subject:
Attachments:
RodriguezWanda [W andaRodriguez@colliergov.net]
Friday, May 13, 2011 4:04 PM
Gundlach, Nancy; Minutes and Records
Williams, Steven; Neet, Virginia; MorganTrish; Lorenz, William; Ramirez, Heather
CORRECTION: BCC Advertisement Request
BCC Advertising Notice (Gold sheet) RT 5-13~11.rtf; ABWPL 11568(2X3).pdf
Importance:
High
CORRECTION to my previous suggestion regarding the advertising date for this item - May 27th is
only 19 days before the BCC meeting, which is cutting it too close if for some reason the ad doesn't
run as scheduled. The ad should actually run on Friday, May 20,2011.
Sorry for the confusion. @
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: RodriguezWanda
Sent: Friday, May 13, 2011 2:27 PM
To: GundlachNancy; MinutesandRecords@lcollierclerk.com
Cc: WilliamsSteven; NeetVirginia; MorganTrish; LorenzWilliam; RamirezHeather
Subject: re: Bee Advertisement Request
Nancy,
The cover sheet for the attached ad request asks that the ad be run on Friday, May 25,2011. The
day and date do not coincide. I suggest that the ad be run on Friday, May 27. 2011.
Otherwise the text of the ad request conforms with the most recent resolution title approved by this
office, and no other errors are noted.
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 2:09 PM
To: Minutes and Records
Cc: LorenzWilliam; BellowsRay; Trish L. Morgan; RodriguezWanda; NeetVirginia; RamirezHeather
Subject: Bee Advertisement Request
1
178 ~1
Martha S. Ver9ara
From:
Sent:
To:
Cc:
Subject:
William venWilliams@colliergov.net]
day, May 16, 201 0:35 AM
Ashton, Heidi
Martha S. Vergara
RE: Map question
~ -------
(
0=--'
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.O.c. 1O.03.0S.E.3).
I find nothing that says an Alcoholic Beverage Waiver needs a map published (Either in S.OS.01.A or in Section 10 of the
LOC).
The Hitching Post Plaza is only 4.46 acres according to my file.
~
Thus, neither requires a published map.
--s::-- ~. ..-.... -- - -... - - -...;,..... -
Steve
Steven T. Williams
Collier County Attorney's Office
(239) 252-8400
stevenwi lIiams@colliergov.net
From: AshtonHeidi
Sent: Monday, May 16, 2011 9:59 AM
To: WilliamsSteven
Subject: FW: Map question
Steve,
Please check the LOC 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.com]
Sent: Monday, May 16, 2011 9:49 AM
To: AshtonHeidi
Cc: NeetVirginia
Subject: Map question
Hi Heidi,
1
17B1d1
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-PL201l-0568 Silver Spot at Mercato
:k 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(ii)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
Coliier County. If you have received this communication in error, please notify the Clerk's Office by emailinghelodesk<9lcoliierclerk.com
quoting the sender and delete the message and any attached documents. The Coliier 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.
Umjer Flollda LaIN, ,,-mail ad(jresses are public records If you do not want your ,,-mail address released in response to a public records request. do not send
fllillllo Irlls entity Instead, contacl this office by telephone or In writing
2
17 B
Acct. #068779
May 13, 2011
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, FL 34110
Re: ABW-PL2011-0568, Silver Spot Theatre
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
PO #4500096189
Martha S. Vergara
17 B
I
From:
Sent:
To:
Subject:
Attachments:
Martha S. Vergara
Tuesday, May 17, 201110:52 AM
Naples Daily News Legals
ABW-PL2011-0568, Silver Spot Theatre
ABW-PL2011-0568 Silver Spot Theatre.doc; ABW-PL-2011-0568 (Silver Spot
Theatre ).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
Martha S. Vergara
17 B
From:
Sent:
To:
Subject:
Legals NON [Iegals@naplesnews.com]
Tuesday, May 17, 20111:52 PM
Martha S. Vergara
RE: ABW-PL2011-0568, Silver Spot Theatre
OK
P.meCy CPaoan
Leaa{ (])ept.
(})irect: 239-213-6061
PaJ(; 239-263-4700
P.mau feaatS to: fegatS@napfesnews.com
"
From: Martha S. Vergara rmailto:Martha.Vergara(6)collierclerk.comJ
Sent: Tuesday, May 17, 201110:52 AM
To: Legals NDN
Subject: ABW-PL2011-0568, Silver Spot Theatre
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
Martha S. Vergara
17 B
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews.com]
Tuesday, May 17, 20113:17 PM
Martha S. Vergara
Ad Confirmation
UAS1A1.jpg
Thank you for placing your ad.
Ad Number 1ge2916
Total Ad Cost $264.54
Em
1
NOTICE OF PUBLIC HEARING
17 B
Nl?tj~e is herebt 9iven tha~ ory Tuesd;aY~, Jun,e 14, 2()111'nthe,B~ard ofCeunW C~-
m'~~lonen mee~ing room, ,~ht('(j floor, Q)l.Iier Goyemm.rrt cent"er~3299 East Tai-l"ua-
!11i Tra11't N.aple~,FLJ the B.~ard. ofC:Qunty CZrJmrniiSiof1efS, CB~.c:,)...as the Bpar<tof Zo'.:l::
lngAppe~d>~, W'JH'G~lder theenag.rn.~1"rt9f aC~,tJnty, l\esGh.ft[of1.Them~e1:lng WIll
commence at9:QO A.M. The tItle CJfthe propOsed'Reso.h:.rticn 'Is as ftilloV\a$~
ABW~PL-201 1-0568, SflVER SPOT THEATRE, A'RESQlUTI0,N Qf THE BOARD OFZQN,,:
ING APPEALS Of, COLLIER',(;O'U-~r[Y. FLORIDA, RE~IIN:G Ttp~ETITIONNtlMBER
ABW:..PL..201 i-"0568,GRA.NT1N'(i A WAIVER P~,RSUANTTO 5~CTION, 5.05.01.:A.60F
THE LAl\lDOEVEt()PM'ENT,COOE~ CONCERN:ING TWO E~AgUSHMENTS. SEJ.;UNG
ALCOHOL FORON-SITECONSUMPTfON AND DERlV1NG LESS mAN FrFT'(.O-NE PER~
CENTOFTHe'IR SALE5FROM foOD ITEMS AND HAVING A MINIMUM SEPARATION
DISTANCE OF LESS TtlAN500FEET FROM ANOTHERsueH ESTABUSHMENT, 'WHICH
ARE LocATED'AT UNITS 8205 AND 8210 IN THE MERCATOM1XEDUSE PLANN'ED
UNIT DEVElOPMENT IN SECTJON34t TOWNSHIP 48 SOUTH, RANGE 25 f.AS;T~ COl~
L1ER CQUNTY, FLORIDA. [C(j()'fU~HNAfOR: NANCY GU NOLACH, AICP, RU\,PRINCI~
PAL PLANNERl
~~~f61:~~~~f;:Ji~~~d ~flri~~~:~d Sp~rtf~eat:ir~v~~~ ~:~~t~~J'~:~~'~e~~.'iS
NOTE: AU personswi,shtng to speak ~)f1 any'agenda TtE.Sm muSt register with th~
co, ynty,mana,g~rp,rlp,r t,o.p.r~s". eo'tiAtlon. of the agen,~a Iterp, to b.e, a,ddre.$Sed.
IndIVidual s.peakers wdl be hmlted to3 mInutes onanv Item. Tl1e>selectrenOf any
individual to speak em 'behalf of an organiZation or grotJpisenrouraged.lf recog.
nized bV the Chairman, a$pOke5persO" fora group <Qforgan,izatIon may beaUl';)tted
10 minut.es to speak on an item.
Persons wishIng to have written or graphic materials lnchJded ,in th~BQard agenda
packetsmU5t $ubmit taJd trlM.:erlaJ <t minimuri'f Qf 3,weekspdor tOthere-s~ettive
public hearing. tnaj\Y c.ne',written materi.als i~tendellto bet:Qnsldered bytJ'l'e
Board.!:haH ..besubmitt~d ,to theapprQpriate Cbuntystaff ,~.n1'fr.imumof$l!ver.da~
prior to the p,ubHc. hea;-ring. AUmaterlal$ u~e(t Inpresehta'tioM$ before the B('Jard
will b<<ome a permanent part of the re<:ord.
An,Y,' perso"n,W,' h,o d,eClde.,.s to a, ip,.'pe,a," G1nYd~~isIO, nO,1 ~,h,..,t!, .',B, o,.a,r"d".,~jIJn~".d" a",.re("orq O,J
the.pn:xeedin~ pertatning ,~hereto andthet~fore,m~ Dead t,oensure!h~ a ver~
batlmrecord .of,th~" p~ocu,' Oln9S, Jsm.ade,whuzh rE!crQr:dtnd1J.d~. the t~mony c)nd
eviden\!e upon wnkn the appeatisbased.
If you area person with a dlsabi1rty,who needs any accommodation Tn order to par-
titipate in this pro(@@ding<-you areentitf@d, at Recast to you, to th@ provision of
<:ertai,J1 assis,tance; ,l?leaSeGpnt-act, the,:co,fJ"ler, '~,ountY" FaCi,litTes,' ',Marlagel'nel1t De, 'f2:art..
ment, located at 3335 TamlamJ Trall East, 5wt@ 101t Napt~. FL 34112...5356. (239)
252.~389" at le~t two d?~s: pri9rtpfuem~tlm~. A$~~edllst~ningdevfq::S for the
hearing lmpa.lfea a't'f! ava,lr;abl~ In the Bo,ard'of GoLUlty'Commlssj()nE!rs OffiQ!.
BOARO OF COW NTY COMMISSIONERS
BOARD OF tONING APPEALS '
CGWER COUNTY, FLORIDA
FREDW, COYLE, CHAfRMAN
DWIGHT E. BRQCK" CLERK
By: Martha Vergara. Deputy Clerk
(-SEAL)
May 20, 20i 1
No 19029'16
Martha S. Vergara
17 B
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 # 1902916
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: ABW -PL-20 11-0568, SILVER SPOT THEATRE, A RESOLUTION OF THE
BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER ABW-PL-2011-0568, GRANTING A WAIVER PURSUANT TO SECTION 5.05.01.A.6 OF THE
LAND DEVELOPMENT CODE, CONCERNING TWO ESTABLISHMENTS SELLING ALCOHOL FOR
ON-SITE CONSUMPTION AND DERIVING LESS THAN FIFTY-ONE PERCENT OF THEIR SALES
FROM FOOD ITEMS AND HAVING A MINIMUM SEP ARA TION DISTANCE OF LESS THAN 500 FEET
FROM ANOTHER SUCH ESTABLISHMENT, WHICH ARE LOCATED AT UNITS 8205 AND 8210 IN
THE MERCA TO MIXED USE PLANNED UNIT DEVELOPMENT IN SECTION 34, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. [COORDINATOR: NANCY GUNDLACH,
AICP, RLA, PRINCIPAL PLANNER] A copy of the proposed Resolution is on file with the Clerk to the Board
and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons
wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to
have written or graphic materials included in the Board agenda packets must submit said material a minimum of
3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.
All materials used in presentations before the Board will become a permanent part of the record. Any person
who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any
accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting.
Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY,
FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy
Clerk (SEAL) May 20,2011 No1902916
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
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 20,2011
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 ]
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 'n the sai ews aper.
Sworn to and subscribed before me
This 24th day of May, 2011
,\',....""
~,~~..flY "u";-'<, KAROL E KANGAS
~~. ..~':.
~. " : . ~ Notary Public. Slale ot Florida
';,\!t ,,"<l My Comm. Expires JuJ 29 2013
~~ ~~ ,
"',l/r.:,~~'" Commission 11 DO 912237
17 B
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIp? 8 . ~,'
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office, The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exec tion of the Chairman's si ature, draw a line throu routin lines #1 throu #4, lete the checklist, and forward to Sue Filson (line #5),
Initials Date
[oIl )0 (/
1.
2.
3.
4.
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Clerk of Court's Office
~ {{( l(
6. Minutes and Records
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BeC approval. Normally the primary contact is the person who createdlprepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff Nancy Gundlach
Contact
Agenda Date Item was June 14,2011
A roved b the BCC
Type of Document
Attached
"
Phone Number
239-252-2484
17.B.
Yes
(Initial)
N/ A (Not
A licable)
Agenda Item Number
I: Forms! County Forms! BCC Forms/ Original Documents Routing Slip WWS Original 9,03.04, Revised 1,26,05. Revised 2.24,05
Resolution
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 ofthe 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 ssib1 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 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 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 Iicable.
2.
3.
4.
5.
6.
17 B
MEMORANDUM
Date: June 16, 2011
To: Nancy Gundlach, Principal Planner
Comprehensive Planning - GMD
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2011-101 Silver Spot Theatre
Attached for your records is a copy of the document referenced above, (Item #17B)
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 B
RESOLUTION NO. 11- 101
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER ABW-PL2011-0568, GRANTING A WAIVER
PURSUANT TO SECTION 5.05.01.A.6. OF THE LAND
DEVELOPMENT CODE, CONCERNING TWO
ESTABLISHMENTS SELLING ALCOHOL FOR ON-SITE
CONSUMPTION AND DERIVING LESS THAN FIFTY-ONE
PERCENT OF THEIR SALES FROM FOOD ITEMS AND
HAVING A MINIMUM SEPARATION DISTANCE OF LESS
THAN 500 FEET FROM ANOTHER SUCH ESTABLISHMENT,
WHICH ARE LOCATED AT UNITS 8205 AND 8210 IN THE
MERCA TO MIXED USE PLANNED UNIT DEVELOPMENT IN
SECTION 34, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of waivers pursuant to Land
Development Code Section 5.05.01.A.6.; and
WHEREAS, The Mercato, LLP desires to establish two businesses which will sell
alcohol for on-site consumption and derive less than fifty-one percent of their sales from food
items, to be located in Units 8205 and 8210 of the Mercato Mixed-Use Planned Unit
Development (MPUD) that would be located within 500 feet of an existing business whose
primary purpose is the sale of alcohol; and
WHEREAS, The Mercato, LLP seeks a waiver permitting a separation distance of 40+/-
feet between these two establishments, and a separation distance of 195+/- feet from an existing
establishment whose primary function is the sale of alcohol for on-site consumption, with none
of these establishments deriving at least 51 percent of their gross revenue from the sale of food
or non-alcoholic beverages; and
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applica!Jle matters required by the Land
Development Code; and
WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice
made, and all interested parties have been given opportunity to be heard by this Board in public
meeting assembled, and the Board having considered the advisability of granting the instant
waiver and all matters presented.
Silver Spot Theatre \ ABW-PL201l-0568
Revised 5/1 0/11
Page 10f2
17 B
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that the Board hereby approves a waiver pursuant to
LDC Section 5.05.01.A.6. and approves the separation distance of 40+/- feet between the two
establishments which will sell alcohol for on-site consumption and derive less than fifty-one
percent of their sales from food items, and a separation distance of 195+/- feet from an existing
establishment whose primary function is the sale of alcohol for on-site consumption, as depicted
in Exhibit A, as requested in Petition ABW-PL2011-0568 filed by D. Wayne Arnold on behalf
of the Petitioner, The Mercato, LLP, concerning the subject property described as Units 8205
and 8210, Mercato MPUD, in Section 34, Township 48 South, Range 25 East, Collier County,
Florida.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
\ , This Resolution adopted after motion, second and majority vote, this _\4--th day of
~rt: ,2011.
A TTESJ:.,'" 'i!lflF'O'"
DWfGH$bE:'BRo.~ CLERK
;'i~~~~>'iY .~'" :~:l_'>~~;"\
,.',~ . 71";....... ...... .
~".~ ' '< ~ ~.?~ . .~:
"By: ' iO..L .
At(~Si . e ~ Clerk
!J*i~.'
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
Approved as to form
and legal sufficiency:
-M=7.~~
Steven T. Williams <.).
Assistant County AttorneYS' /./, (
Attachment: Exhibit A: Separation Exhibit
CP\II-CPS-OI091/6
Silver Spot Theatre \ ABW-PL2011-0568
Revised 5/1 0/11
Page 2 of2
Mercto MPUD
17 B
Petition For Waiver From Separation Requirements For Establishments
Selling Alcoholic Beverages For On-premise Consumption
Separation Exhibit
81.J!lDlNC J
~~":"
""
:::!:.,..
~-...
i I : i I
, " .. I .
ii,
u~
IUUllNG .
lIilXlM) LML
EXHIBIT A