Backup Documents 04/14/2009 Item #17D
17D
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.)
***..**..**.******..*..***.*..*.*.....**.****~~*.*......***...**.*..~:.~.**..*.*..*...*....
Onginating DepU Diy: CDES./Zon;n. Person: Nancy b:VCh, Alep Dale: 'Q Iv LJ .I
Petition No. (If none, give brief description): SV -2008-AR-13960. Port Of The Islands - Cays Drive
Petitioner: (Name & Address): Robert Duane, AlCP, Hole Montes, Inc., 950 Encore Way, Naples, FL 34110
Name & Address of any person(s) to be notified by Clerk's Office: (It more space is needed, attach separate sheet) Port Of The
Islands Community Improvement District. c(a Severn Trent Svs., 5726 Corporation Cir., Ft. Myers, FL 33905
Hearing before Bee
BZA
Other
Requested Hearing date:
April 14. 2009
Based on advertisement 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: SV~2008~AR-13960. Port of the Islands
Community Improvement District, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting a Sign Variance
from LDC Subsection 5.06.04 C.I6.b.i., which allows a maximum sign area of 12 square feet, to allow an I8-square foot
off.premise sign at the Port of the Islands in the median of Cay's Dri..'c (south of U. S. 41). The subject property is located in the
Port of the Islands at the intersection of Tamiami Trail [,ast (t). S. 41) and Cay's Drive in Section 9. Township 52 South.
Range 28 East, Collier County, Florida,
Companion petition(s), it any & proposed hearing date:
Daes Petition Fee include advertis.ing cost? Yes
PO Number: 4500096189 lor Account: 068779
No If Yes, what account should be charged tor advertising costs:
Reytwed by; -Jr._ ~
.. . '1.._ ,~. S \.t..Iy\...f.O
I31'Visioll Administrator or Designee
~/4
List Attachments:
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 cOI)ies:
County Manager agenda file: to
Requesting Division
Original Clerk's Office
B. Other hearings: Initiating Division head to approve and submit originaJ to Clerk's Office, retaining a copy for file.
..*......................*...**........................*.*******.***.......*......************.........
FOR CLERK'S OFFICE USE ONLY:
Date ReCeiyeA1v;fY? Date of Public hearing: 'l/jWtJtl Date Advertised ..3/3r1/txf
17D
RESOLUTION NO. 09 -_
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER SV-2008-AR-13960, GRANTING A VARIANCE
FROM SECTION 5.06.04.C.16.b.i. OF THE LAND
DEVELOPMENT CODE, CONCERNING MAXIMUM SIGN
AREA, WHICH SIGN IS LOCATED AT PORT OF THE
ISLANDS IN THE MEDIAN OF CAY'S DRIVE (SOUTH OF
U.S. 41) IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28
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 ofthe 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, Port of the Islands Community Improvement District, seeks to
alter the signage on the property to have a larger sign; and
WHEREAS, Petitioner wishes to have a sign with an area up to 18 square feet located
about its property; and
WHEREAS, without a variance, Petitioner cannot have an off-premise sign with an area
greater than 12 feet; and
WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due
notice made, and has considered the advisability of granting this variance; 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
Page I of2
17D
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that the Board hereby approve a variance from LDC
Section 5.06.04.C.I6.b.i, to allow a sign with an area up to 18 square feet, as shown in attached
Exhibit "A", the text, including content, font and size, of which is not limited by the instant
variance, as filed by Robert L. Duane of Hole Montes, Inc., on behalf of the Petitioner, Port of
the Islands CommWlity Improvement District, concerning the subject property located in the Port
of the Islands in the median of Cay's Drive, just South of U.S. 41 in Section 9, Township 52
South, Range 28 East, Collier COWlty, Florida.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV-
2008-AR-13960 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this _ day of
,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, Chairman
Approved as to form
and legal sufficiency:
k~ 7. wv.
Steven T. Williams
Assistant County Attorney
Exhibit "A": Sign Depiction
Page 2 of2
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17D
NDN #068779
March 17,2009
Naples Daily News
1075 Central Avenue
Naples, FL 34102
Re: SV-2008-AR-13960: Port ofthe Islands - Cay's Drive
Dear Legals:
Please advertise the above referenced petition on Sunday, March 29, 2009
and kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500096189
NDN #068779
17D
NOTICE OF PUBLIC HEARING
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, April 14, 2009, 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-2008-AR-
13960, GRANTING A VARIANCE FROM SECTION 5.06.04.C.16.b.i.
OF THE LAND DEVELOPMENT CODE, CONCERNING MAXIMUM SIGN AREA,
WHICH SIGN IS LOCATED AT PORT OF THE ISLANDS IN THE MEDIAN
OF CAY'S DRIVE (SOUTH OF U.S. 41) IN SECTION 9, TOWNSHIP 52
SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA.
Petition: SV-2008-AR-13960, Port of the Islands Community
Improvement District, represented by Robert L. Duane, AICP, of
Hole Montes, Inc., is requesting a Sign Variance from LDC
Subsection 5.06.04 C.16.b.i., which allows a maximum sign area of
12 square feet, to allow an 18-square foot off-premise sign at the
Port of the Islands in the median of Cay's Drive (south of U.S.
41). The subject property is located in the Port of the Islands at
the intersection of Tamiami Trail East (U.S. 41) and Cay's Drive
in Section 9, Township 52 South, Range 28 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,
which record includes the testimony and evidence upon which the
appeal is based.
17D
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
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Dwight E. Brock
Clerk of Courts
~'eOt1,llfy6fe-ollier
CLERK OF THE ClRCUIT COURT
COLLIER COUNTY tOURTflOUSE
3301 TAMIAMll'J;l.AIL EAST
P.O. BOX 413044
NAPLES, FLORIDA14! 0 1-3044
+
".;v,
170
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 17, 2009
Severn Trent Services
Port of the Islands
Community Improvement District
5726 Corporation Circle
Ft. Myers, FL 33905
Re: SV-2008-AR-13960: Port of the Islands "Cay's Drive"
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 14, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, March 29, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
~ ~O.C.
Ann JennejoYt, ~uty Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
-.'.-----.--------..'-\
eOtluty,-ofCollier
fL_.,.'^' _'. I,
CLERK OF THE G~RCtJIT COURT
COLLIER COUNTY .cOURTHOUSE
3301 TAMIAMI 4AIL EAsT
P.O. BOX 413044
NAPLES, FLORlDA'34 1 01-3044
170
.1
,:7;
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 17,2009
Hole Montes, Inc.
Robert L. Duane, AICP
950 Encore Way
Naples, FL 34110
Re: SV -2008-AR-13960: Port of the Islands "Cay's Drive"
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 14, 2009, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Sunday, March 29, 2009.
You are invited to attend this public hearing,
Sincerely,
DWIGHT E. BROCK, CLERK
CLuu..- 6I~D'L.
Ann Jennejoh{P-~ty Clerk
Enclosure
Phone (239) 252-2646
Website: www.coIlierclerk.com
Fax (239) 252-2755
Email: coIlierclerk@coIlierclerk.com
17n
Ann P. Jennejohn
To:
Subject:
'Iegals@naplesnews.com'
SV-2008-AR-13960 Port of the Islands (Cay's Drive)
Attachments:
SV -2008-AR-13960.doc; SV -2008-AR-13960 .doc
Good Morning,
Please advertise the attached on Sunday, March 29, 2009.
~
~
Thank you,
Ann J ennejohn
Clerk to the BCC
Minutes & Records Department
239-252-8406 (Fax: 239-252-8408)
ann.j ennej ohn@collierclerk.com
5V-2008-AR-13960.
doc (28 KB)
5V-2008-AR-13960.
doc (29 KB)
1
17D
Ann P. Jennejohn
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Tuesday, March 17,2009 11 :39 AM
Ann P. Jennejohn
Delivery Status Notification (Relay)
Attachments:
ATT144948.txt; SV-2008-AR-13960 Port of the Islands (Cay's Drive)
EJ.-
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LJ
A1T144948.txt
(231 B)
5V-2008-AR-13960
Port of the I... f
'Iliis is an automatica[[y generateu (Delivery Status :Notification.
'Your message has 6een successfu[[y refayea to the fo[rowing recipients, 6ut the requested delivery status notifications may not 6e
genera tea 6y the destination.
[ega[s@napf'esnews.com
1
SV-2008-AR-13960 Port of the Islands (Cay's Drive)
Page 1 of 1
17n
Ann P. Jennejohn
From: Pagan, Emely [EPagan@Naplesnews.com]
Sent: Tuesday, March 17,200912:24 PM
To: Ann P. Jennejohn
Subject: RE: SV-2008-AR-13960 Port of the Islands (Cay's Drive)
ok
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com]
Posted At: Tuesday, March 17, 2009 11:39 AM
Posted To: Legals - NDN
Conversation: 5V-2008-AR-13960 Port of the Islands (Cay's Drive)
Subject: 5V-2008-AR-13960 Port of the Islands (Cay's Drive)
Good Morning.
Please advertise the attached on Sunday. March 29, 2009.
Thank you, <<SV-2008-AR-13960.doc>>
Ann J ennejohn
Clerk to the BCC
Minutes & Records Department
239-252-8406 (Fax: 239-252-8408)
ann.j enneJ ohn@collierclerk.com
<<SV-2008-AR-13960.doc>>
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.
3/1 7/2009
Naples Daily News
Naples, FL 34102
170
f
Affidavit of Publication
Naples Daily News
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - -
BCC/ZONING DEPARTMENT
S CLUTE/FINANCE DEPT
POB 413044 CLERK OF THE CIRCUIT COURT
NAPLES FL 34101
REFERENCE: 068779
59567338
NOTICE OF PUBLIC HEA
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Susan Rogge, who on oath says that she
serves as the Vice President of Finance of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
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, 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 1 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 in the said newspaper.
PUBLISHED ON: 03/29 03/29
AD SPACE:
FILED ON:
162 LINE
03/30/09
Nn l'7M7\!Ii
- - - - - - - - - - - - - - - . - - - - - - - - - - - - - - - - - - - -tJi - tJ-. - - - .. - - +.. - - - . .. - - - .. .. - - - - - - - - - - - - -
Signature of Affiant t:l/YI ItVfj0
Sworn to and Subscribed before me this ~J. day of ~~ 200<"(
C~\ nIU~ Qry, Q.~~~A ML;UUNALU
,.~., , ":;' Commission DD 650475
\~.._>,;4 Expires June 29, 2011
-;1,:(1,,: ,~)~", 8"nd'~ T~"u Troy Fa,n IntwranCll BIIO.1RS..7Q"-1
Personally known by me
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 D
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 # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
execution of the Chairman's sionature, draw a line throul!1: routing lines #1 throuoh #4, comnlete the checklist, and forward to Sue Filson line #5),
Route to Addressee(s) Office Initials Date
(List in raulinll order)
1. Judy Puig CDES Administration Of) 4\1~\O~
2. lJ\J
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
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. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.
Name of Primary Staff Nancy Gundlach
Contact
Agenda Date Item was April 14, 2009
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Resolution
Number of Original
Documents Attached
239-252-2484
I7.D.
~
I: Forms! County Forms! BCe Forms! 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 ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, witb 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 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 IicabIe.
"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 office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. B aw eo our deadlines!
The document was approved by the BCC 0 (enter date) and all changes
made dnring the meeting have been incorporated in lie attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
2.
3.
4.
5.
6.
17D
MEMORANDUM
Date: April 17,2009
To: Nancy Gundlach, Principal Planner
Zoning & Land Development Reivew
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2009-94: SV-2008-AR-13960
Port of the Islands Community Improvement District
Enclosed please find one copy of the document referenced above,
Agenda Item #17D, adopted by the Board of County Commissioners
on Tuesday, April 14, 2009.
The original document will be kept as part of the Board's permanent
record.
If you should have any questions, please contact me at 252-8406..
Thank you.
Enclosure
17D
RESOLUTION NO. 09-~
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER SY-2008-AR-13960, GRANTING A VARIANCE
FROM SECTION 5.06.04.C.16.b.i. OF THE LAND
DEVELOPMENT CODE, CONCERNING MAXIMUM SIGN
AREA, WHICH SIGN IS LOCATED AT PORT OF THE
ISLANDS IN THE MEDIAN OF CAY'S DRIVE (SOUTH OF
U.S. 41) IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28
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, Port of the Islands Community Improvement District, seeks to
alter the signage on the property to have a larger sign; and
WHEREAS, Petitioner wishes to have a sign with an area up to 18 square feet located
about its property; and
WHEREAS, without a variance, Petitioner cannot have an off-premise sign with an area
greater than 12 feet; and
WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due
notice made, and has considered the advisability of granting this variance; 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
Page I of2
170
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that the Board hereby approve a variance from LDC
Section 5.06.04.C.16.b.i, to allow a sign with an area up to 18 square feet, as shown in attached
Exhibit "A", the text, including content, font and size, of which is not limited by the instant
variance, as filed by Robert L. Duane of Hole Montes, Inc., on behalf of the Petitioner, Port of
the Islands Community Improvement District, concerning the subject property located in the Port
of the Islands in the median of Cay's Drive, just South of U.S. 41 in Section 9, Township 52
South, Range 28 East, Collier County, Florida.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV-
2008-AR-13960 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote this l:t day of
Afil\
,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
,,\
BOARD OF COUNTY COMMISSIONERS
COLLIERllC TY FLORID! _
.f~_ J' ~;:t:ot. /J
By: u rrr___ . ~
DONNA FIALA, Chairman
By:
Approved as to form
and legal sufficiency:
~.....- 7. w-U
Steven T. Williams
Assistant County Attorney
Item # .11b..-
Exhibit "A": Sign Depiction
Agenda ll...l.,..nA
Date I.JJ:!LI
Date ,1._'..1\/1
Rec'd ~I
Page 2 of2
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