Backup Documents 06/28/2011 Item #17A17a
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, June 3,
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.
Originating Dept/ Div: GMD/Zonine
Petition No. SV- PL2010• 1995
Petitioner: Walmart EasL. LP
Person: Nancy
Planner Date: May 27,
Name & Address of any person(s) to be notified by Clerk's Office: Mr. Todd Pressman Pressman &Associates Inc P.O. Box
6015 aim Harbor FL 34684
Hearing before: BCC _._..____... X BZA Other
Requested Hearing date: Tuesday, June 28, 2011. Based on advertisement appearing 20 days before hearing.
Newspapor(s) to be used: Naples Daily News
Proposed Text: See Attached
Companion petition(s), if any &. proposed hearing date: N/A
Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs:
Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131-138326.649100 -
00000; Purchase Order Number: 4500096189; Account Number: 068779
Reviewed by
Divis dmmis ororDesignee
List Attachments: Resolution
.I: an vislouixi t
s_I�_7
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 offiu will distribute copies:
County Manger agenda file: Requesting Division
Original Clerk's Office
Other hearings: Initiating Division heatlto approve and submit original to Clerk's Office, retaining a copy for file.
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FOR CLERK'S OFFICE U E ONLY:
Date Received: Date of Public Hearing: `'' Date Advertised;
17A
NOTICE OF PUBLIC HEARING
Notice is hereby given that on Tuesday, June 28, 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:
RESOLUTION No.
SV- PL2010 -1995, Walmart, a Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition
Number SV- PL2010 -1995, granting a variance from Section 5.06.04.F.4 of the Land Development Code concerning the
number of permissible wall signs and granting a variance from Section 5.06.04.F.4.a concerning the maximum sign
display area, which signs are located at 9885 Collier Boulevard in Section 3, 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 5 minutes on any item. The selection of any
individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson
for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a
minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by
the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All
materials used in presentations before the Board will become a permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 -5356, (239) 252 -8380, at least two days
prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: /s /Patricia Morgan
Deputy Clerk (SEAL)
17
RESOLUTION NO. I I-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER SV- PL2010 -1995, GRANTING A VARIANCE FROM
SECTION 5.06.04.FA OF THE LAND DEVELOPMENT CODE
CONCERNING THE NUMBER OF PERMISSIBLE WALL
SIGNS AND GRANTING A VARIANCE FROM SECTION
5.06.04.F.4.a CONCERNING THE MAXIMUM SIGN DISPLAY
.AREA, WHICH SICNS ARE LOCATED AT 9885 COLLIER
BOULEVARD IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE
26 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
�leoeraphic divisions of the County, among which is the granting of variances; and
WHEREAS, LDC §5.06.041.4 permits a retail business with more than 25,000 square
feet in floor area and a front wall length of more than 200 linear feet to have three wall signs;
and
WHEREAS, Petitioner, Wal- 'V1art Stores East, LP seeks to have five wall signs to aid
shoppers in negotiating their arrival into the store; and
WHEREAS, LDC §5.06.04T.4_a :claws a maximum sign display area of 250 square
feet: and
WHEREAS. petitioner. Wal -Mart Stores East, LP seeks to have 350 square feel of sign
display area; and
WHEREAS, the Board has (bound as a matter of tact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the Land
Development Code; and
WHEREAS, the Board of Zoning Appaals has held a public hearing v ilh 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 adcisabiIity of granting these variances
and all matters presented
NOW. ffILRLFORi, BL fT RESOIXF -D BY lHE BOARD OP ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Wal -Mari i SV- PL2010 -1995 1 of 2
309111
The Board hereby approves a variance from LDC §5.06.04,F.4 and approves a fifth wall
sign as depicted in Exhibit A. and approves a variance Gan, LDC §5.06.04.F.4.a to allow 350
square feet in sign display area as requested in Petition SV- PL2010 -1995, filed by 'rood
Pressman on behalf of the Petitioner, Wal -Mart Stores East, LP, concerning the subject property
described as Trail Ridge, according to the Plat thereof. as recorded in Plat Book 44, Page 71 of
the public records of Collier County, Florida, which parcel is located in Section 3, Township 50
South, Range 26 Last, Collier County, Florida, as more particularly described in OR Book 4094.
Page 2735, of the Official Public Records of Collier County-, Florida, Folio No. 59712000488,
BE IT FURTHER RESOLVED that the text (including content and size) of the sign
depicted in I xhibit A is not the subject of this variance.
BE IT FURTHFR RFSOLVL-D that this Resolution relating to Petition Number SV-
PL2010 -1995 be recorded in the minutes of this Board.
'this Resolution adopted after motion, second and majority vote, this day of
.'011
A'FI F.ST:
DWIGHT E. BROCK, CLERK
l3 .
_ Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney sf�) I
attachmerl EshibitA — Proposed Wall Signage
CPt I 1 -CPS -0I01, 8` 1 I
VVal -Man f SV- PI-2010 -1995 2 or,
3/2811 1
BOARD OF ZONING, APPEALS
COLLIFR COUNTY, FLORIDA
B4:
FRFD W COYLE Chairman
EXHIBIT A
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Acct #068779
May 27, 2011
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: SV- PL2010 -1995: Walmart East, LP
Dear Legals:
Please advertise the above referenced notice on Friday, June 3, 2011 and send the
Affidavit of Publication, in triplicate, to this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500096189
NOTICE OF INTENT TO CONSIDER RESOLUTION 1
Notice is hereby given that the Board of County Commissioners, as
the Board of Zoning Appeals, of Collier County will hold a public
hearing on Tuesday, June 28, 2011, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299
East Tamiami Trail, Naples, Florida. The meeting will begin at
9:00 A.M. The title of the proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV- PL2010 -1995,
GRANTING A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND
DEVELOPMENT CODE CONCERNING THE NUMBER OF PERMISSIBLE WALL
SIGNS AND GRANTING A VARIANCE FROM SECTION 5.06.04.F.4.a
CONCERNING THE MAXIMUM SIGN DISPLAY AREA, WHICH SIGNS ARE
LOCATED AT 9885 COLLIER BOULEVARD IN SECTION 3, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
Copies of the proposed Resolution are on file with the Clerk to
the Board and are available for inspection. All interested parties
are invited to attend and be heard.
NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with a disability who needs any accommodation
in order to participate in this proceeding; you are entitled, at
no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3335 Tamiami Trail East, Building W, Naples, Florida
17A
34112, (239) 252 -8380. Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
May 27, 2010
cou ty of e- �Ilier
17A
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY LOUR' JiOUSF Clerk of Courts
3301 TAMIAMI -*AIL EAST
P.O. BOX 413044 Accountant
NAPLES, FLORIDA)4101 -3044 Auditor
Custodian of County Funds
Mr. Todd Pressman
Pressman & Associates, Inc.
P.O. Box 6015
Palm Harbor, FL 34684
Re: SV- PL2010 -1995: Walmart East, LP
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 28, 2011, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily
News on Friday, June 3, 2011.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
eresa Polaski, Deputy Clerk
Enclosure
Phone(239)252 -2646 lax(239)252 -2755
Website: www.collierelerk.com Email: collierclerk(a;collierclerk.com
17A
Teresa L. Polaski
To: Legals NDN
Subject: SV- PL2010 -1995, Walmart East
Attachments: SV- PL2010 -1995 (BCC).doc; SV- PL2010 -1995 (BCC).doc
Lega I,
Please advertise the attached legal ad on Friday, June 3, 2011. Thanks
Teresa L. Polaski, BMR Clerk III
Minutes and Records Department
239 - 252 -8411
239 - 252 -8408 fax
(Tereso.Polaski @col lierclerk.com)
Teresa L. Polaski
From:
Pagan, Emely [EPagan @Naplesnews.com]
Sent:
Friday, May 27, 2011 2:09 PM
To:
Teresa L. Polaski
Subject:
Ad Confirmation
Attachments:
UAS170.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 1904260
Total Ad Cost $249.06
Emely Pagan
213 -6061
1
17A
NOTICE OF INTENT TO CONSIDER RESOLUTION 17A
Notice is hereby given that the Board of County Commissioners, as the Board of
Zoning Appeals, of Collier County will hold a public hearing on Tuesday, June 28,
2011, In the Boardroom, 3rd Floor, Administration Building, Collier COUnty Govern-
ment Center, 3299 East Tamiami Trait, Naples, Florida. ThP meeting will begin at
9:00 A.M The title of the proposed resolution is as follows
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER CCOUN7Y, FLORI-
DA,, RELATING TO PETITION NUMBER. SV- PL2010- 1995, GRANTING A VARIANCE
FROM SECTION 5:06.04.F.4 OF THE LAND DEVELOPMENT CODE CONCERNING THE
NUMBER OF PERMISSIBLE WALL SIGNS AND GRANTING A VARIANCE FROM SEC-
TION 5.06.04.F.4.a CONCERNING THE MAXIMUM SIGN DISPLAY AREA, WHICH
SIGNS ARE LOCATED AT 9885 COLLIER BOULEVARD IN SECTION 3, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
Copies of the proposed Resolution are on file with the Clerk to the Board and are
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 vuith the
County Administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item The selection of an in-
dividual to speak on behalf of an organization or group is encouraged. If recog-
nized by the Chair, a spokesperson for a group or organization may be allotted 10
minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing In any case, written materials untended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing All material used in presentations before the Board will
became a permanent part of the record,
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may Deed to ensure that a verbatim
regard of the proceedings is made, which record includes the testiinor;y and evi-
dence upon which the appeal is based
If you are a person with a disabillty who needs any accommodation in order to par-
ticipate In this proceeding; you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart-
ment, located at 3335 Tamiami Trail East, Building W, Naples, Florida 31112. (239)
252 -8380. Assisted listening devices for the hearing impaired are available in the
County Commissioners' Office
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
FRED COYlE, CHAIRMAN
DWIGHT E BROCK. CLERK
By: Teresa Pulaski, Deputy Clerk
(SEAL)
June 3, 2011 No1904260
17A
Teresa L. Polaski
From: GundlachNancy [NancyGundlach @colliergov.net]
Sent: Friday, May 27, 2011 2:16 PM
To: Teresa L. Polaski
Subject: RE: Ad Confirmation
Hi Teresa,
The ad looks good -
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(dcolliergov.net
- - - -- Original Message---- -
From: Teresa L. Polaski fmailto: Teresa .Polaski()acollierclerk.coml
Sent: Friday, May 27, 2011 2:09 PM
To: NeetVirginia; GundlachNancy
Subject: FW: Ad Confirmation
SV- PL2009 -1995, Walmart East
- - - -- Original Message---- -
From: Pagan, Emely Finailto:EPagan(Naplesnews.coml
Sent: Friday, May 27, 2011 2:09 PM
To: Teresa L. Polaski
Subject: Ad Confirmation
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 1904260
Total Ad Cost $249.06
Emely Pagan
213 -6061
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended
solely for the named addressee(s). It may not be used or disclosed except for the purpose for
which it has been sent. If you are not the intended recipient, you must not copy, distribute
or take any action induced by or in reliance on information contained in this message.
unless expressly stated, opinions in this message are those of the individual sender and not
of the Office of the Clerk of the Circuit Court of Collier County. If you have received
this communication in error, please notify the Clerk's Office by emailing
helpdesk(lacollierclerk.com quoting the sender and delete the message and any attached
documents. The Collier County Clerk's Office accepts no liability or responsibility for any ""
onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e -mail
address released in response to a public records request, do not send electronic mail to this
entity. Instead, contact this office by telephone or in writing.
Under Florida Law, e-mail addresses are public records. If you do not want your e -mail
address released in response to a public records request, do not send electronic mail to this
entity. Instead, contact this office by telephone or in writing.
z
17A
Teresa L. Polaski
From: Naples Daily News [naplesnews @clicknbuy.com]
Sent: Thursday, June 02, 2011 11:07 PM
To: Teresa L. Polaski
Subject: Thank you for placing your classified advertisement.
Ad #1904260
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County
Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, June
28, 2011, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East
Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as
follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION NUMBER SV- PL2010 -1995, GRANTING A VARIANCE FROM SECTION
5.06.04.F.4 OF THE LAND DEVELOPMENT CODE CONCERNING THE NUMBER OF PERMISSIBLE
WALL SIGNS AND GRANTING A VARIANCE FROM SECTION 5.06.04.F.4.a CONCERNING THE
MAXIMUM SIGN DISPLAY AREA, WHICH SIGNS ARE LOCATED AT 9885 COLLIER BOULEVARD
IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Copies of the
proposed Resolution are on file with the Clerk to the Board and are available for inspection. All interested
parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must
register with the County Administrator prior to presentation of the agenda item to be addressed. Individual
speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization
may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included
in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public
hearing. In any case, written materials intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record. Any person who decides to appeal a decision of
the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is based. If you are a person with a disability who needs any accommodation in order to participate in
this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples,
Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County
Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa
Polaski, Deputy Clerk (SEAL) June 3, 2011 No1904260
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.
Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos
and even video /audio of your item. 1 i q
To log in to the New Ad Wizard use your email address and existing password. Go to: 1
littp• / /secure.adpay.com /adwizard to iii i aspx ?l =l 7702363 , if this link is inactive, cut and paste it into your
browser address window.
If you need any assistance with your advertisement, please contact our classifieds department. 239 - 263 -4700
Thank you for using naplesnews.com Online Classifieds.
17A
NOTKE.OFINTPEONaT�,TO CONS 11 IIIEsOwTION.
C the IM9 het* MatN� ■,. pY011eR,TN the it
Metso C:.T C tMwarN.
rit' CMtN'; 'Fart Temlami Tra , n. oOw meeting will begin iH
900 A M The title of the proposed reSduGss n as follows
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, fLORI-
FOROM SECTION S OB.0M1.FA�OF' TME� LAND �T> VKtbFME�pT ODDETLONCERNING 1NE
NUMBER .0 PERMISSIBLE WALL SIGNS AND GRANTING A VARIANCE FROM SEC.
TION 5.06.Op.FA.p CONCERNING THE 'MAXIMUM SIGN DISPLAY AREAL WHICH
SIGNS ARE LOCATED AT 9885 COLLIER BOULEVARD IN SECTION 3, TOWNSHIP 50
SOUTH, RANGE 25 EAST, COLDER COUNTY, FLORIDA.
Copies of the proposed Resolution are on file g Rh th,amt W thi BOM{.,and are
avalable for Inspection. All interested parties are inh dtUattentfand Bl Npartl.'
NOTE: All Persons wishing W speak on any BgBnde item must ngirter with the
CourrR�yy Adminlstrater 'eq praFeMptIM O} Hk Ilgenda .Nam to be addressed.
Ind 081 spaders wlllbe IlmRed To 3 minutes tin shy item The mle[tion Of M IW
dividual to speak on behalf Of M organization or group is encouraoad. If recoil
nixed by the Chair, a spokesperson for a group Or organization may silot[eA 10
minutes to speak M ag leam...
Persons wishing to have written or graphic materials Included in the Board agenda
Packets must submit Aid matedal a erinnnum of 3 weeks prior to the ne, Ne
ppublic hearing M Any asp, WtNap mammals I�d W., 6a considered by the
Boats shell be submitted to the aDpropHate CeLnIF a m(Nmum ai seven days
poor to the public heying. Ali material used In pros ions before the Board .11
becomes permanantpartof the exard:.,
Any person who decides to appeal a decision of the Board will need a record of the
Proceedings sperpsaolpnej thereto to and therefore, m need to emirs that a Verbatim
dente upon which tlsa apps IssL� "Y includes the testimony and "I-
If you are a person with a disability who needs a� nyy aaammodation in order to par -
tiapate, in the proceeding; you' aa• entitled,: aL 1dcON to you, to the provision of
Aram assistance. Please contact the ColRsr County Fxlilt MMaaggement Depart-
ment, loceted at 3335. Tamleml TrNI East, BuildMg W, Nobles, FbHda 11112, (238)
252 -8380. Atirted Iis in deMCes for the hearing imP+retl are available in the
County OommlaNeheN' OFFER
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
CO LIER COUNTY; FLORIDA
cox
.. .DSpatyCl k
a
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 1 time in the issue
on June 3, 301 1
Afiiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier Counq Florida. acrd that the said
newspaper has heretofore been conunuouslv 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 Coum1', Florida. for a period of I
year next preceding the first publication of the attached copy of
advertisement and affront further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in,the say6trgwspaper.
( Signature of affiant)
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NOTICE OF INT €NT 70 COr(SIOE((R[$QLUTION
N°41tt h Ilorg¢'y p1yY�En that the Bwrd of Cou fommlaioMrs, as the 0oard. of
ioial, AppdeR, sR'CWifer Coup will h.W a It g. an Tuesday, June 26,
2011, In rthey B T��9Bkr�mddi�Flopg1 p� Collier County Gown, -
1 A.�M.'!hi propodo � , MfdlMpa a meeting'wfR fall n
A RESOLUTON OF THE BOARD OF ZONING APPEALS OF CO IER COUNTY, FLORI-
DA, RELATING TO P.FiIS10N'NFM/B[ER {µPEZOiM117BS' NTING A VARIANCE
FIRRlO�IMB SECTION 5.06, rNOF iNE'tNNO flEVELkiPMEiF E CONCERNING THE
TION 5.06Ae Aup IC�ONCERNING iTHHE MNA}GMUM SIGN DISPLAY NR EA, WNKH
SIGNS ARE LOCATED AT "M COLlRR BOULEVARD IN SECTION 9, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLDER COUNTY, FLORIDA
Copses of the propocad Rewlutlon are on fde vAM tM:4Wkto tNe Bard end are
avarWWe for Inspection. All Interested pakM an rnAta to n antl ¢e iroa ,
NOTE. A0 Pavilions wlshhy to a on any Gan most register pith the
Court ratd'r r p d UN tl9enda RM ea be addressed.
IrldW�an VrNfLa I�b 3 6Nnotet on efiy N6M. ine iNjecion of an in-
dlvlduU to speak on hei of an or9anlTatim or group H encoure ed..N .edCo
nitad by the Chair, a spo"016n to"a" group or argagiaaROn may Be altotted 70
minutestospeakahap Hem. 1 -
m of the Board will need a. record of the
ue, m ns
id w ensure OW a verbatim
r`lmluies hlretatldl?s0' and ri-
252 ANN Nstemn1gy rlwkAa tar me "a" rmpeuet are avaname in me
C9uPAt eye"OF1W., -. -
Sworn to and subscribed before me A _
This 6th day of June. 2011 F
r Ona i 2e t N„tenTBo
(Signature reofn(r public)
p.:a° Peal %z KAROL E KANGAS
Notary Public - State of Florida
°� My Comm. Expires Jul 29, 2013
OF rso?; Commission # DO 912237
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 A
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item. )
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Clutirm ®'s 6imature, drew a line tthrouab matinu lines # t tlno #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s)
List in matting order
Office
Initials
Date
1. Judy Puig
GMD -P & R/Operations &
Regulatory Mgmt. Dept.
(Initial)
4I
Agenda Date Item was
2.
Agenda Item Number
17.A.
Approved by the BCC
3.
Type of Document
4.
t 3
Number of Original
1
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
4I3o
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of tee 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
Phone Number
239- 252 -2484
Contact
appropriate.
(Initial)
A licable
Agenda Date Item was
Jtme 2g, 2011
Agenda Item Number
17.A.
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Resolution
it ( "'
t 3
Number of Original
1
Attached
c9c
Documents Attached
contracts, agreements, etc. that have been fully executed by all parties except the BCC
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2. 4.
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
A licable
1.
Original document has been signed/initialed for legal sufficiency. (All documents to he
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 possibly State Officials.
2.
All handwritten strike -through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are re uired.
5.
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.
V
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
document was approved by the BCC on June 28, 2011 and all changes made
1The
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2. 4.
17A
MEMORANDUM
Date: June 30, 2011
To: Nancy Gundlach, Principal Planner
Comprehensive Planning GMD
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 2011 - 113 /SV- PL2010 -1995 (Wal -Mart)
Attached for your records is a copy of the document referenced above, (Item
#17po adopted by the Board of County Commissioners June 28, 2011.
The Minutes and Record's Department will hold the original in the Board's
Official Records.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
17A
RESOLUTION NO. 11- 113
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER SV- PL2010 -1995, GRANTING A VARIANCE FROM
SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE
CONCERNING THE NUMBER OF PERMISSIBLE WALL
SIGNS AND GRANTING A VARIANCE. FROM SECTION
5.06.04.F.4.a CONCERNING THE MAXIMUM SIGN DISPLAY
AREA, WHICH SIGNS ARE LOCATED AT 9885 COLLIER
BOULEVARD IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE
26 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 variances; and
WHEREAS, LDC §5.06.04.F.4 permits a retail business with more than 25,000 square
feet in floor area and a front wall length of more than 200 linear feet to have three wall signs;
and
WHEREAS, Petitioner, Wal -Mart Stores East, LP seeks to have five wall signs to aid
shoppers in negotiating their arrival into the store; and
WHEREAS, LDC §5.06.04.F.4.a allows a maximum sign display area of 250 square
feet; and
WHEREAS, Petitioner, Wal -Mart Stores East, LP seeks to have 350 square feet of sign
display area; and
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable 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 these variances
and all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
Wal- Mart / SV- PL2010 -1995 I of 2
3/28/11
17A
The Board hereby approves a variance from LDC §5.06.04.F.4 and approves a fifth wall
sign as depicted in Exhibit A, and approves a variance from LDC §5.06.04.F.4.a to allow 350
square feet in sign display area as requested in Petition SV- PL2010 -1995, filed by Todd
Pressman on behalf of the Petitioner, Wal -Mart Stores East, LP, concerning the subject property
described as Trail Ridge, according to the Plat thereof, as recorded in Plat Book 44, Page 71 of
the public records of Collier County, Florida, which parcel is located in Section 3, Township 50
South, Range 26 East, Collier County, Florida, as more particularly described in OR Book 4094,
Page 2735, of the Official Public Records of Collier County, Florida, Folio No. 59712000488.
BE IT FURTHER RESOLVED that the text (including content and size) of the sign
depicted in Exhibit A is not the subject of this variance.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV-
P1,2010 -1995 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this 0r day of
g)(JY�tf, 2011.
ATTEST:
DWIGHT E, BROCK, CLERK
a
By
ttest as to Cr4invA D' clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney 5 31YA't
Attachment: Exhibit A — Proposed Wall Signage
CP \11- CPS - 01078\1 1
Wal -Mart / SV- PL2010 -1995 2 of 2
3/28/11
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, Chairm
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