Backup Documents 01/26/2010 Item #17B
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
178 '"
To: Clerk to the Board: Please place the following as a:
~ Normal Legal Advertisement Other:
(Display Adv., location, etc.)
..************************************************~{~:t****************************~~****************
Originating DepV Div: CDES./Zonine Person: Nancy @~ildl;:h, AICP Date: 11. L C ':J~
Petition No. ([fnone, give brief description): SY.PL2009.1165, Lawmetka Plaza
Petitioner: (Name & Address): Mr. Bruce R Anderson, Roetzel & Andress, 850 Park Shore Drive, Naples, FL 34103
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Bernderson
Development Co. Inc., 570 Delaware Avenue, Buffalo. NY 14202
Hearing before Bee
BZA
Other
Requested Hearing date:
Januarv 26, 2009
Based on advertisemt:nt appearing 15 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: Petition: SY-PL2_Q09-1165, Henderson Properties,
Inc.. represented by Bruce Anderson, Esquire of Roetzel & Andress, LPA, is requesting a variance from Subsection
5.06.04.FA. of the LDe which allows one wall, mansard, canopy or awning sign for each unit in a multi.occupancy parcel to
allow two (2) wall, mansard, canopy or awning signs per unit in a multi-occupancy parcel with one sign facing the abutting
road and one sign facing the internal parking area. The subject property is located at 13555 Tamiami Trail North and 895
Wiggins Pass Road at the northwest corner of Tamiami Trail North (US 41 North) and Wiggins Pass Road, in Section
16, Township 48 South, Range 25 East, Collier County, Florida.
Companion petition(s), if any & proposed hearing date:
Does Petition Fce include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
PO Nnmber 4500096189 for Account Number: 068779
Reviewed by:
signee
.11..~2..&. 0'
Date
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee 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: to
Requesting Division
Original Clerk's Office
.****************************************************************~************************************
A. 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: \ - '1tr1tfl. Date Advertised: 1-10 - 2LJ/O
Teresa L. Polaski
178"'1
From:
Sent:
To:
Subject:
Attachments:
RamirezHeather [HeatherRamirez@colliergov.net]
Tuesday, December 29, 20098:05 AM
Minules and Records
SV -PL2009-1165 Legal Ad
SV-PL2009-1165 Legal Ad.pdt; SV-PL2009-1165 Resolution.pdt
Here is the last ad...
If you have any problems or questions please let me know.."
He"h" L. R,m;", l'
Planning Technician
Zoning & Land Development Review
2800 N. Horseshoe Drive
Naples, FL 34104
(239)252-2930
;:;J<;.w
Qirifel' Cou.nt.y
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178 'r
RESOLUTION NO. J 0 -
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER SV-PL2009-1165, GRANTING A VARIANCE FROM
SECTION 5.06,04.F.4 OF THE LAND DEVELOPMENT CODE, TO
ALLOW TWO SIGNS PER UNIT IN A MULTI-OCCUPANCY
PARCEL, WHICH SIGNS ARE LOCATED AT THE LAWMETKA
PLAZA PUD ON THE NORTHWEST CORNER OF TAMIAMI
TRAIL NORTH (US 41) AND WIGGINS PASS ROAD (CR 888), IN
SECTION 16, 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 variances; and
WHEREAS, Petitioner wishes to have two signs per unit on buildings due to the store
fronts facing the interior of the property; and
WHEREAS, without a variance, Petitioner is entitled to only one sign per unit, pursuant
to g5.06,04,F.4; 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 aU matters presented,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that:
The Board hereby approves a variance ITom LDC g5,06.04.F.4 to allow two signs per
unit in a multi-occupancy parcel as depicted in Exhibit A, and subject to the conditions found in
Exhibit B, as requested in Petition SV-PL2009-1I65, filed by Bruce Anderson, Esquire of
Roetzel & Andress, LPA, on behalf of the Petitioner, Benderson Properties, Inc" concerning the
SV-PL2009-//65 Rev. ///4/09
10f2
subject property located at the Lawmetka Plaza PUD on the northwest comer of Tamiami Trail
North (US 41) and Wiggins Pass Road (CR 888), more particularly described as: all that part of
the southeast 1,4 of the northeast Y. of Section 16, Township 48 South, Range 2S East, Collier
County, Florida. Exhibits A and B are attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the text (including content and size) of the signs
depicted in Exhibit A is not the subject of this variance.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV.
PL2009.116S be recorded in the minutes of this Board,
This Resolution adopted after motion, second and majority vote, this _ day of
,2010.
ArrEST:
DWIGHT E, BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
By:
, Chairman
. Deputy Clerk
Approved as to form and
1egalcm1tFT
Steven T. Williams
Assistant County Attorney
Attachments: Exhibit "An - Site Plan
Exhibit "B" - Conditions of Approval
09-CPS-0098S/IO HFAC 11/4/09
SV-PLJ009-1/65 Rev. /114/09
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CONDITION OF APPROVAL
FOR
SV-PL2009-1165
I. The additional wall signs are limited to Building 4 and 5 unit facades facing
towards Tamiami Trail North (US 41) and Wiggins Pass Road (CR 888).
2, Awnings shall be installed in the center section of building fayades Buildings 4
and 5 where the spandrel glass is located.
EXHIBIT B
17B
4
,
;
ACCT #068779
December 29,2009
Naples News Media Group
1100 lmmokalee Road
Naples, FL 34110
Re: SV-PL2009-1165, Lawmetka Plaza
Dear Legals:
Please advertise the above referenced petition on Sunday, January 10, 2010
and kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you,
Sincerely,
Martha Vergara,
Deputy Clerk
P.o. #4500096189
178 !~11
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, January 26, 2010, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3301
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-PL2009-1165,
GRANTING A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND
DEVELOPMENT CODE, TO ALLOW TWO SIGNS PER UNIT IN A MULTI-
OCCUPANCY PARCEL, WHICH SIGNS ARE LOCATED TO THE LAWMETKA
PLAZA PUD ON THE NORTHWEST CORNER OF TAMIAMI TRAIL NORTH (US
41) AND WIGGINS PASS ROAD (CR 888), IN SECTION 16, TOWNSHIP
48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
Petition: SV-PL2009-1165, Benderson Properties, Inc., represented
by Bruce Anderson, Esquire of Roetzel & Andress, LPA, is
requesting a variance from Subsection 5,06,04.F,4. of the LDC
which allows one wall, mansard, canopy or awning sign for each
unit in a multi-occupancy parcel to allow two (2) wall, mansard,
canopy or awning signs per unit in a multi-occupancy parcel with
one sign facing the abutting road and one sign facing the internal
parking area, The subject property is located at 13555 Tamiami
Trail North and 895 Wiggins Pass Road at the northwest corner of
Tamiami Trail North (US 41) and Wiggins Pass Road, in Section 16,
Township 48 South, Range 25 East, Collier County, Florida,
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,
178 !t~1
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 3301 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
DONNA FIALA, CHAIRMAN
FRED COYLE, VICE-CHAIRMAN
DWIGHT E, BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
Cou.nty of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA 34101-3044
17B
:,
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 29, 2009
Roetzel & Andress
Bruce R, Anderson
850 Park Shore Drive
Naples, FL 34103
Re: SV-PL2009-1165, Lawmetka 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, January 26, 2010, as indicated on the enclosed notice, The legal
notice pertaining to this petition will be published in the Naples Daily
News on Sunday, January 10,2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E, BROCK, CLERK
~
Enclosure
Phone (239) 252-2646
Website: www,collierclerk.com
Fax (239) 252-2755
Email: collierclerk(li1collierclerk.com
Dwight E. Brock
Clerk of Courts
County of Collier
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMlTRAIL EAST
PO. BOX 413044
NAPLES, FLORIDA 34]01-3044
17B
,
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
December 29,2009
Benderson Development Company, rnc,
570 Delaware Avenue
Buffalo, NY 14202
Re: SV-PL2009-1165, Lawmetka 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, January 26, 2010, as indicated on the enclosed notice, The legal
notice pertaining to this petition will be published in the Naples Daily
News on Sunday, January 10, 2010.
You are invited to attend this public hearing,
Sincerely,
Martha Vergara,
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
178' 'n~
Martha S, Vergara
From:
Sent:
To:
Subject:
Attachments:
Martha S. Vergara
Wednesday, December 30, 2009 9:42 AM
Naples Daily News Legals
SV-PL2009-1165 (Lawmetka Plaza)
SV-PL2009-1165 (Lawmetka Plaza).doc; SV-PL2009-1165 (Lawmetka Plaza).doc
Legals,
Please advertise the following attached ad on Sunday. January 10, 2010.
Please send an ok when you receive.
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha, yerqa ra(alcoll ierclerk,com)
_._"___."__.__.""",;_~_._,,>,.._,.., _.c~_,.,__.___",.._.__,""...-~...,"._.,
178..11
Martha 5, Vergara
From:
Sent:
To:
Subject:
Heredia, Blanca [BEHeredia@Naplesnews.com]
Thursday, December 31,20091 :57 PM
Martha S. Vergara
RE: SV-PL2009-1165 (Lawmetka Plaza)
Ok
(jJCanca p" J{eretf'za
:Napfes ([)aiEy :News
1100 Immof(flGJe (}{pad'
:Napfes, PL 34110
'tet:: 239.263.4710
6eFiereaUl@napfesnews,com
From: Martha 5. Vergara [mailto:Martha,Vergara@collierclerk,comj
Posted At: Wednesday, December 30, 2009 9:42 AM
Posted To: Legals - NDN
Conversation: 5V-PL2009-1165 (Lawmetka Plaza)
Subject: 5V-PL2009-1165 (Lawmetka Plaza)
Legals,
Please advertise the following attached ad on Sundav, Januarv 10, 2010.
Please send an ok when you receive.
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha. verqara(Cilcoll ierclerk.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 emailinghelodesk(ci)collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
17 B,lli
Martha S, Vergara
From:
Sent:
To:
Subject:
Naples Daily News [naplesnews@clicknbuy.com]
Sunday, January 10, 2010 12:11 AM
Martha S. Vergara
Thank you for placing your classified advertisement.
Ad# 1833127
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,
January 26,2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center,
3301 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-PL2009-ll65, GRANTING A VARIANCE
FROM SECTION 5.06,04.FA OF THE LAND DEVELOPMENT CODE, TO ALLOW TWO SIGNS PER
UNIT IN A MUL TI-OCCUP ANCY PARCEL, WHICH SIGNS ARE LOCATED TO THE LA WMETKA
PLAZA PUD ON THE NORTHWEST CORNER OF TAMIAMI TRAIL NORTH (US 41) AND WIGGINS
PASS ROAD (CR 888), IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA. Petition: SV-PL2009-ll65, Benderson Properties, Inc., represented by Bruce Anderson, Esquire of
Roetzel & Andress, LPA, is requesting a variance from Subsection 5.06.04.FA. of the LDC which allows one
wall, mansard, canopy or awning sign for each unit in a multi-occupancy parcel to allow two (2) wall, mansard,
canopy or awning signs per unit in a multi-occupancy parcel with one sign facing the abutting road and one sign
facing the internal parking area. The subject property is located at 13555 Tamiami Trail North and 895 Wiggins
Pass Road at the northwest corner ofTamiami Trail North (US 41) and Wiggins Pass Road, in Section 16,
Township 48 South, Range 25 East, Collier County, Florida. 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 o[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 3301 Tamiami Trail East, Building
W, Naples, Florida 34 112, (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 DONNA FIALA, CHAIRMAN FRED COYLE, VICE-
CHAIRMAN DWIGHT E, BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) January 10,2010 No.
1833127
178' j_,
You also have the exciting option to enhance your online advertisement with extended text, photos and even
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If you need any assistance with your advertisement, please contact our classifieds department 239-263-4700
Thank you for using naplesnews,com Online Classifieds,
2
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NAPLESIBONIT A DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor of the Naples Daily, a daily newspaper
published at Naples, in Collier County, Florida; distributed
in Collier and Lee counties of Florida; that the attached copy
of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on January 10, 2010
1 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 CoWIty. 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, finn or corporation any discount. rebate,
commission or refund for the purpose of securing this advenisement for
pr1U'sa~
( Signature of affiant)
Sworn to and subscribed before me
This 13th day of January, 2010
J.<roJ 1. ~0
(Signature of notary pub] )
"<~~~"~'~::"" VAROl E KANGAS
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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 Ofl1ce. The completed routing slip and original
documents are to be forwarded to the Board Oft1ce only after the Board has taken action on the Item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate tor additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines # I through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) . Office Initials Date
(List in routing order)
I. Judy Puig Community Development and C I JUI/II
Environmental Services ?
2, U
3.
4.
5. S~ l'i1~"IJ, Executive Manager Board of County Commissioners -GZ 1('/.'1,('0
fAN M [TC- r( E L<--
6, Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normal]y 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 Bee Chairman's signature are to he delivered La th~ Bee office only after the BCe has acted to approve the
item.
Name of Primary Staff Nancy Gundlach
Contact
Agenda Date Item was January 26, 2010
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
239-252-2484
176
Yes
(Initial)
Resolution
'2D1O ' (
Number of Original
Documents Attached
~'
f; Forms! County Forms! Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO 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 rev iewed 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 nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC omcc within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on enter date) and all changes
made during the meeting have been incorpnrated in the attached ducument. The
Count Attorne 's Office has reviewed the chan es, if a licable,
2.
3,
4,
5.
6.
._,__._ ,_._".,_"__._._____.~~__"~_.__*_. ..,,_ ""~ ~'n_"'''''''''" -,...-....._,,"''''
178 __
RESOLUTION NO, 10 - ~
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER SV-PL2009-ll65, GRANTING A VARIANCE FROM
SECTION 5,06.04.F.4 OF THE LAND DEVELOPMENT CODE, TO
ALLOW TWO SIGNS PER UNIT IN A MULTI-OCCUPANCY
PARCEL, WHICH SIGNS ARE LOCATED AT THE LAWMETKA
PLAZA PUD ON THE NORTHWEST CORNER OF TAMIAMI
TRAIL NORTH (US 41) AND WIGGINS PASS ROAD (CR 888), IN
SECTION 16, 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 variances; and
WHEREAS, Petitioner wishes to have two signs per unit on buildings due to the store
fronts facing the interior ofthe property; and
WHEREAS, without a variance, Petitioner is entitled to only one sign per unit, pursuant
to ~5.06.04,F.4; 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:
The Board hereby approves a variance from LDC ~5,06,04,F.4 to allow two signs per
unit in a multi-occupancy parcel as depicted in Exhibit A, and subject to the conditions found in
Exhibit B, as requested in Petition SV-PL2009-1l65, filed by Bruce Anderson, Esquire of
Roetzel & Andress, LP A, on behalf of the Petitioner, Benderson Properties, Inc., concerning the
S V-P L2009-1/65
Rev. 12/29/09
lof2
17B t
subject property located at the Lawmetka Plaza PUD on the northwest comer of Tamiami Trail
North (US 41) and Wiggins Pass Road (CR 888), more particularly described as: all that part of
the southeast II. of the northeast 1;4 of Section 16, Township 48 South, Range 25 East, Collier
County, Florida, Exhibits A and B are attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the text (including content and size) of the signs
depicted in Exhibit A is not the subject of this variance.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV-
PL2009-1165 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this 2fp day of
~I(I\}iA,.i(\ ,2010,
A TTI;ST:_
DWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
'-1~.,~ ~). t "-(]S<
By: FRED W, COYL~, ch rm:n
By:
Attest as to Ckli'
Ilpatft ,OIl.... c
Approved as to form and
legal sufficiency:
4f;- 7.wQ1
Steven T. Williams ')'<'y>".t.\o
Assistant County Attorney \'
Attachments: Exhibit "A" - Site Plan
Exhibit "B" - Conditions of Approval
09.cPS-00985/25
SV-PL2009-//65
Rev. /2/29/09
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CONDITION OF APPROVAL
FOR
SV-PL2009-1l65
I. The additional wall signs are limited to Building 4 and 5 unit facades facing
towards Tamiami Trail North (US 41) and Wiggins Pass Road (CR 888),
2, Awnings shall be installed in the center section of building fayades Buildings 4
and 5 where the spandrel glass is located.
EXHIBIT B
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