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Backup Documents 01/27/2009 Item #17C 17C .,., 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 Deptl Div: CDES.rLonine Person: John.David Moss, AICP Date: ~I.~ Petition No. (If none, give brief description): V A_o2008_AR_1360 I, Suncoast Schools Federal Credit un~l" . \ ( ~\\a Petitioner: (Name & Address): Ms. Gina Green, r.E., Green Engineering, 3310 1st Avenue N.W. V\ \ ~ Naples, FL 34120 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Okeechobee Inn, LTD, 802 NW 1st Street, South Bay, FL 33494 Hearing before Bee BZA Other Requested Hearing date: hearing. Januarv 27. 2009 Based on advertisement appearing 15davs before 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: V A-2008-AR-13601. Okeechobee Inn, LTD, represented by Gina Green. P.E. of Green Engineering, Inc., is requesting a Variance from LDC Subsection 4.02.27, Spec.jic Design ,)'randards jor the lmmokalee-State Road 29A Commercial OverI(.J)' Subdistrict, to permit ./' access to State Road 29 for a parcel having less than the minimum 440-foot street frontage width. The 9.04-acrc subject property is located on the west side of State Road 29, just north of the Lake Trafford Road intersection, ill Section 32, Township 46 South, Range 29 East, Immokalcc, Florida. Companion pi."Otition(s), if any & proposed hearing dale: Does Petition Fee include advertising co~t? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Numbel'": 068779 Revie edby ,~~ ~E/-L?/oi ision Administrator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCe or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County ManageI'". Note: If legal document is involvedl be sure that any necessary legal review, or request for same, is submitted to County Attorne}' before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office B. 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, Dale ReCeiVed:L~ Date of Public h.adng: ~ Dale Advertised, ~rfl 17C RESOLUTION NO. 08- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATTKG TO PETITION NUMBER VA-2008-AR-13601, FOR A VARIANCE FROM SD13SECTION 4.02.27A OF THE LAND DEVELOPMENT CODE, TO ALLOW ACCESS TO STATE ROAD 29 FOR A PARCEL HAVING LESS THAN THE MINIMUM 440 FEET STREET FRONTAGE WIDTH, ON PROPERTY LOCATED ON THE WEST SIDE OF STATE ROAD 29 IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, AS HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on an 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. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Conier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance to Subsection 4.02.27.A. of the LDC to allow access to State Road 29 for a parcel having less than the minimum 440-foot street frontage width, as shown on the attached Exhibit "A", in the Commercial Intermediate (C-3) Zoning District within the lmmoka1ee-State Road 29 Commercial Overlay Subdistrict for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the LDC for the unincorporated area of Conier County; and WHEREAS, an 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: 1 17C The Petition Number V A-2008-AR-1360l filed by Green Engineering, Inc. on behalf of Okeechobee 11m, Ltd., with respect to the property hereinafter described as: The Southerly 322.6 feet of the Northerly 645.1 feet of the Southeast Quarter (SE Y<) of the Northeast Quarter (NE Y<) of Section 32, Township 46 South, Range 29 East, Collier County, Florida. Excepting therefrom the right of way for State Road No. 29 over and across the Easterly 100 feet thereof. be and the same hereby is approved for a variance to Subsection 4.02.27.A. of the LDC to allow access to State Road 29 for a parcel having less than the minimum 440-foot street frontage width, as shown on the plan attached as Exhibit "A", in the zoning district wherein said property is located, subject to the conditions attached as Exhibit "B". BE IT FURTHER RESOLVED that this Resolution does not waive any state or county requirements for owner to obtain a right-of-way pcnnit for construction of a driveway connection, 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 day of ,2008. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, Chairman Approved as to form and legal sufficiency: ~'*)> -- :'V " , Heidi Ashton-Cicko Assistant County Attorney 08~CPS-00884/8-HFAC 11-24-08 2 l7C , I I . B I L. ~ 8 11 -- .., ~ ~ ~ ~ 03 -, 1 . tt ~-- E-n - _'\..;.. ~_____ ......u __ __ __ ------~------------- . " o , \ U:[ STREET , I " . " ~ lj '" ~ , , llli ' .. . I ~j ~ liP ~n >~ ~II ~ ~~ . , . " . I:' . " II , 0 . ~ 0 ~ n 8 " " . ~ -,-'-'~._'-'-'- " " . ~ ~ ~ ~ 1Il11U11111U1 lAKE TRAfFORD ROAD [~-~.~~-I GINA R GREEN, -- 3>1.'''_10.. .....~~U"'JL- Exhibit A - :~L~~ 17C CONDITIONS OF APPROVAL V A-2008-AR-13601 NOVEMBER 17, 2008 1. All access to State Road 29 from 9.04 acre tract shall be through the access location approved as part of this variance, even if portions of the property are subsequently sold to another owner. EXHIBIT j -----8- ACCOUNT #068779 17C December 29, 2008 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: V A-2008-AR-13601: Suncoast Schools Federal Credit Union Dear Legals: Please advertise the above referenced notice on Sunday, January 11, 2009 and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office, Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500096189 17C 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, January 27, 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 VA-200B-AR- 13601, FOR A VARIANCE FROM SUNSECTION 4.02.27.A. OF THE LAND DEVELOPMENT CODE, TO ALLOW ACCESS TO STATE ROAD 29 FOR A PARCEL HAVING LESS THAN THE MINIMUM 440 FEET STREET FRONTAGE WIDTH, ON PROPERTY LOCATED ON THE WEST SIDE OF STATE ROAD 29 IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, AS HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. Petition: VA-200B-AR-13601, Okeechobee Inn, LTD, represented by Gina Green, P,E, of Green Engineering, Inc., is requesting a Variance from LDC Subsection 4.02.27, Specific Design Standards for the Immokalee-State Road 29A Commercial Overlay Subdistrict, to permit access to State Road 29 for a parcel having less than the minimum 440-foot street frontage width. The 9.04-acre subject property is located on the west side of State Road 29, just north of the Lake Trafford Road intersection, in Section 32, Township 46 South, Range 29 East, Immokalee, 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 5 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. 17C If you are a person with 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 TOM HENNING, CHAIRMAN DWIGHT E, BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts I~~-'-~--"-'~-'I )eownt)L~pf~Ollier t...."~'" "~ \. CLERK OF THE CIRCtJIT COURT COLLIER cOUNnE~URTfIOUSE 3301 TAMIAMI 1~IL EAST PO. BOX 413044 . NAPLES, FLORIDA14IOI-3()44 ;~j ~.~" 17C Clerk of Courts Accountant Auditor Custodian of County Funds December 29, 2008 Okeechobee Inn, L TD 802 NW 1st Street South Bay, Florida 33494 RE: V A-2008-AR-13601, Suncoast Schools Federal Credit Union 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 27, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 11, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~~C resa PolasKi, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.colliercIerk.com Fax (239) 252-2755 Email: colliercIerk@colliercIerk.com December 29,2008 )e~fy-~ftollier CLERK OF THE b~RCtJIT COURT COLLIER COUNTY COURfHOUSE 3301 TAMIAM[~IL E,,\ST P.O. BOX 41.3044 NAPLES, FLORIDA~4101-3044 iI, ^,",",.,> '1:X::, 17C Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds , 6;. Ms. Gina Green, P,E. Green Engineering 3310 1st Avenue N,W, Naples, FL 34120 RE: V A-2008-AR-13601, Suncoast Schools Federal Credit Union 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 27, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 11, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~F#r ~ resa Polaski, Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com 17C Teresa L. Polaski To: Subject: legals@naplesnews.com V A-2008-AR-13601 Attachments; VA-2008-AR-13601.doc; VA-2008-AR-13601.doc Legals, Please advertise the following on Sunday, January 11, 2009. Thanks ~ ~ VA-2008-AR-1360 VA-2008-AR-1360 l.doc (28 KB) l.doc (30 KB) Teresa L, Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Deportment 239-252-8411 239-252-8408 fax (T eresa.Po las ki@collierclerk.com) 1 Teresa L. Polaski 17C From: Sent: To: Subject: postmaster@collierclerk.com Tuesday, December 30, 2008 9: 17 AM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT94404.txt; VA-2008-AR-13601 EJ 1;:--"'1 L...:.-.J A TT94404.txt VA-2008-AR-1360 (231 B) 1 This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 V A-2008-AR-13601 Teresa L. Polaski From: Sent: To: Pagan, Emely [EPagan@Naplesnews.com] Friday, January 02, 2009 11 :59 AM Teresa L. Polaski Subject: RE: V A-2008-AR-13601 ok From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk,com] Posted At: Tuesday, December 30,20089:17 AM Posted To: Legals Done - NDN Conversation: VA-2008-AR-13601 Subject: VA-2008-AR-13601 Legals, Please advertise the following on Sunday, January 11, 2009. Thanks <<V A-2008-AR-13601.doc>> <<V A-2008-AR-13601.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierclerk.com) 1/2/2009 Page 1 of 1 l?C Naples Daily News 1/B/2009 5: 02 F,::~e::.g:-:. ?CCO~.in t N'';;'.ml::e ~ C~3e 773 ."~d If 17659~~1 lki Net Cc:;;t $4:'8.10 :\a.l~,e \ P:c:i m;:;..~ 'y':' B(>~ / ':~CNING ::EFI\R'l'MEN: r':Orlpa..-;y (Frir~,ary' St::.,"eet .:.. (F:::'inc:r.:y) 28CO N EORSE:;:10E DR Cit.y (prima:;ry: Nl,P:'ES Sta.te lPl-}nary) F- Z::P [Primary) '.~41 G4 P:-.cne (Prir,a::y) (239) J.5~-?4'7G '_..L a .'.::8 (:ode (11~a - Notice o~ Meeti~g StE-rt.:cte l/11/2;~;C9 Stop Date 1/:.1/20J9 E':epa::rr.--~f.~nt Ar,:,o\.j.)','t ~;c . cu .i~d Sed es RE'p. 6"/2 - ::~':"anc;:j He,redia W:.cth 2 ::ept.h 83 NO'TIC: OF PU8LIC HEARINC Notlce:s heretly "lYW tlHI.t the! SOl:,rt:i of County Coltlf'1k\:sl0n0n, _theQoHrd 01 lmlngAppea.ts. or Collier COunt'( will r,(}IQ aplJbrlC hewlng 0.1 TU5- c~. "MIJ&')' :I1.2<X>>, In t"ltl8ofl'drOOtTI,in:l floor. Aomin'sVtJ:lon BUlldlng, Collier C"dUrt;f GW(!fTlmmt Center. 3301 t~t fNTl'8ml Tr~U. N~If'5.' Fk)r,C:a. ~P&T."J,~~9s~I.:...~nmet~i:w~;M, T e t~~ of'~e , .."'umON OI'"H' "",,00 OF ZONING 'PPEALS OF COlliER Cl):JNTY, Fl~IO_, Rfl.ATING "'0 pm- T10~ NUMElER vA-20ue'A.R'~i!iCl.FOR A VAFHANC<:: FRO" SUN""'"," .."~'A. Of TH' LA"O :lEVEL- OPM~l\!'T' CODE, 1'0 AllOW ACCE:SS "rO.!lT ATE ROAD a f~., F'ARca HAwiG ~"SSTHA."f T...jf MINIMUM .....', FliET $TR~ET FRONTAGe: WIOThl 0... P~PEIITY LOCATEQ ON '[HE Wr::ST SIDE OF STATE Ro;.O>> IN St:C"'jON 32, "l'OWN9-iIP 46 OOU";11, RANGE ZJ EAST, AS,",i:REINAFT'ER DESCRIBE!:! IN COI..LI~R COUMTY, Fi-Ol1ICA, i~4n"ltll:41: 'v".2OCI"AR'13erJl..O>l.eed'lcbee I'll"l; LTO. repre:u:mted 0>' Gina G:eerl, P.E..,,~ GrC('(l Eng,. neerinG, Inc,., l' reqUef1In~8VIYIan('e 'from lee 'U""''''. 0 '.OU7. So...,. c..~, $tar'..... 1<" the il'Tl"llokaJee...9:atf!' Qoad J. eommercl~1 OV<<~ 5ubcletr!ct,to pe:rnt U:C:eI:$ tO~it_R:Oad 2l!lfor!l p81 em havlnljlless tnBl'1 tne rrlr.lm\lm <lJ4(l.foot !i1reel ftontlJQe wlclth. TheU)4"I!U'C':sublect prl'lF."~ tylSlOce:l:edon1:hewestSk:ieo15tat.r.foe.QlI, !It 00"" P'th. ""'0 Tr_.'"'' .....""'<>'1," "'. tlM 32, TovoJn:5tllp 4(5 Soutt1, RMge ~ E~, JrmnokE.- 100, Hor1cla. Non: All F'tYSCfl5 W&'l.lng to-speak 00 at\)' eriencla ltt'tT 'TIUf;t rea"tw 'oNlthi'le COUt\tYAdmfl15.l'cor prio' to pr_0014tlorl of the 88ml" Item to beac- cre5:jecl. lr,d!\OIQual $f,:Ioef<R"S wI I be 11ml':edto 5 n"dtllltet on aft)' tern. TneselectlDn O1'M nclY'':luat tOS.P.eakOllbfl.aJ1 otm3?~811Z~'()t1 Of"~LfI' i; rer~"'tb~a gr:u~ orIlM~1a~ ~::'D~a1IOte~ J(l tT"'n.rts tl)!peik Ml!Il itw. PefSON. wlS~irllI 1:0 I\4vt w"tten C." gt4:)hiC m~e-i. ul$. ,nc:lUoecl n the "(l6IQ agliJflll-, p,;u;k9':s ",..ast lILJbnitsalc mGetIal amlnrnOO"l Qt3we8<5 prlorto tr'\t: rapeetble pualle: 1'leern~. ... MY case, wrtl'te1 mat9"lals mmdoo tllDe ccnslde-ed DythelSOwP. shallbCSIJ!)mlt';ed tcttle ll$lP(l1pl'l8l:e Courrt)' SCaff ~'TInlrr:umot5E'ole/'ldl:l)tSpr;ortothe-"iJllllCh_' illll'.AII matertal used In p.estrmll:lons before t2le BOartl wlll become a pem18tlent part of the record. e~~~8Jra!\~~ ~~~~~Ofift~~p~=,~~g~ p~~ tl!~i'1g thereto end ttlerel'ortl" M~ need to 8'WIU"e tl"l-8t lI.\fli.!!'bK'm rGC\lfc ortneproeelClrc."1S mMle, w'"liCl'l recttrd htludC$ltIe test\<\'IMV arid evkllncc PAGE 2/3 High:Fax l?C Naples Daily News upon wh'ch ~he ,..pealls b.<<I. 11 you <<n &!:l8'$()n wit, disabilItY: whO naOdS any actommoda:iOl'l n order ~o part'cipate irl this pro. ceed,h;g, )'Oll 8't! e..tIl:icd. at no cost to ,You, totne 8~~I:<to8h~Im:sIl=e.=eoG~:~ locmec. 3fol. ratn1'GT rr:fl East, s:'ldlng w, N&p.I.. FI(;rll:laMU2. .23t)25Z-I3ICl AlIilllted li$- te1lnlJ dwlc. for tr.e wing hrj:ued tw'~lI'W'ai'. atlleM1he Count:t CommlsslOriers' 0PI'1I'::e. OOA~ Of COUNTY COMMISSIONERS SOARD CE' Z~"'Gi Ai='Pe'Al..! COl..LIe;."R COUNTY, F:..(RIDA rOM HEN~,NG, CHAIRMAN OWIG'iT i::. !JIlOCX. C'..fRK BY: T8"esaPoIest<~O(Jlut)' Clerk (SEAL) .lar\uarott1 NlJ. l1fiMB 1/6/2009 5:02 PAGE 3/3 RightFax l?C Naples Daily News Naples, FL 34102 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 59550787 4500096189 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: 01/11 01/11 AD SPACE: FILED ON: ------------------------ -------------------------+------------------------ Signature of Affiant Yh (lo 15 ~ day of C}/Ult''-({r 20-'25 U./)) ~X11 /' ,.:~...:'.:.:'\>, I~,"i'\. i.ELA MCDONALD ~ . . :'~ ~')"~i I',)~IUII 00 bo0475 ~-:}}~=:~~;.: Expires June 29, 2011 ',8;,:;0."- [!J_~:jt:! Tiile T:s\, FJI,^ InS~:JW-2 80~J-385.7019 170,000 INC 01/12/09 Sworn to and Subscri ed before me this Personally known by me (J12-'LLfJ. 17C . 17C 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 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 excention of the Chainnan's si2JIature, draw a line throul!h routing lines # I throul!h #4, camnlcte the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in rautin!! order) ] :lUcl.V'PAIo. ~\cl, Mi C\ \.1 ~4ibl'\ 9i \ I C}g )l?'1 CUes 2, .J 3, 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONT ACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to be delivered to the BeC office only after the BCe has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached Phone Number Agenda Item Number - 'Z.- \ Number of Original Documents Attached K 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibly 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 Chainnan and the Clerk to the Board The Chainnan'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 lieable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan'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 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. Be aware fyour deadlines! The document was approved by the BCC on (. (enter date) and all changes made during the meeting have been incorpora ed i the attached document. The Count Attorne 's Office has reviewed the chan es, if a lieable, It Yes (Initial) N/A (Not A licable) 2. 3. 4. 5. 6. cvJ>1'v 1: Formsl County Formsl Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 MEMORANDUM Date: January 28, 2009 To: John-David Moss, Principal Planner Zoning and Land Development Review From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Resolution 2009-21: V A-2008-AR-13601 Enclosed please find one (1) copy of the document as referenced above, (Agenda Item #17C), which was adopted by the Board of County Commissioners on Tuesday, January 27, 2009. If you have any questions, please call me at 252-8411. Thank you. Enclosure 17C 17C RESOLUTION NO. 09- 21 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA-2008-AR-13601, FOR A VARIANCE FROM SUBSECTION 4.02.27.A. OF THE LAND DEVELOPMENT CODE, TO ALLOW ACCESS TO STATE ROAD 29 FOR A PARCEL HAVING LESS THAN THE MINIMUM 440 FEET STREET FRONTAGE WIDTH, ON PROPERTY LOCATED ON THE WEST SIDE OF STATE ROAD 29 IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, AS HEREINAFTER DESCRffiED IN 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. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Collier County Board of Zoning Appeals has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance to Subsection 4.02.27.A. of the LDC to allow access to State Road 29 for a parcel having less than the minimum 440-foot street frontage width, as shown on the attached Exhibit "A", in the Commercial Intermediate (C-3) Zoning District within the Immokalee-State Road 29 Commercial Overlay Subdistrict for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 9.04.00 of the LDC for the unincorporated area of Collier County; and 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: 17G The Petition Number VA-2008-AR-1360l filed by Green Engineering, Inc. on behalf of Okeechobee Inn, Ltd., with respect to the property hereinafter described as: The Southerly 322.6 feet of the Northerly 645.1 feet of the Southeast Quarter (SE \4) of the Northeast Quarter (NE \4) of Section 32, Township 46 South, Range 29 East, Collier County, Florida. Excepting therefrom the right of way for State Road No. 29 over and across the Easterly 100 feet thereof be and the same hereby is approved for a variance to Subsection 4.02.27.A. of the LDC to allow access to State Road 29 for a parcel having less than the minimum 440-foot street frontage width, as shown on the plan attached as Exhibit "A", in the zoning district wherein said property is located, subject to the conditions attached as Exhibit "B". BE IT FURTHER RESOLVED that this Resolution does not waive any state or county requirements for owner to obtain a right-of-way permit for construction of a driveway connection. 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 ~ ;1"" day of Jj ,2009. ATTEST: l~'(: \ ."". " DWIGHTE..BROCK; CLERK ~~~.~~fu\b~( I,tv~t .,..t'o'~TlHItY Clerk I i ~t~,,;i{ ",*, Approved asfo.rrm and legal sufficiency: ~ lIlt A elt 0 HeIdi Ashton-Cicko Assistant County Attorney By: BOARD OF ZONING APPEALS COLLI* COUNTY, FLORIDA /f I / {f~-- ~~ DoNNA FIALA, Chairman 2 ----1 !!!:il1 # J:lC ~ j . ~.;~:~. _\Jt.lJ~~ I j2:::d ~d1 r~~ikLRA I --~'*~ ~X)'-i, 0-( :v." ,'V 08-CPS-00884/15HFAC i2-22-m; 11 -- , \ L. ~ o o ~ I ~ I ~ ~ 03.i 1 ~ ~-~ ~ N ~ .-0_0-0-0-0_0-0- , I ~ ~f..~:~ "I ~ ~ ~ , , 'IH i .. t 'c , 1"'15 ~ lIP ~~ III ~ ~~ - " . t,' [;l ~ " 1'- . II " " . 0 0 ~ ~ ~ 0 ~ 0 " c z " Z N , ~ ~ ~ 0 . ~ 111111111111111 LAK[ TRAFfORD ROAD = GINA R GREEN. -- J,JI01I1fA-.r.",. l2JO}~~"='tIOf)><l':'_ -=:.. Exhibit A Ih~1 ~ o , . '" ~ , . ~ N t I> 17C LEE STREET ~ l? CONDITIONS OF APPROVAL V A-2008-AR-13601 DECEMBER 18,2008 1. All access to State Road 29 from the 9,04-acre tract shall be through the access location approved as part of this Variance, even if portions of the property are subsequently sold to another owner, 2. The slope easement depicted on the site plan adjacent to the access drive shall be modified, if needed, to include public and/or private utilities. 3. The site plan attached as Exhibit A, entitled "Conceptual Site Plan" is conceptual in nature, with the final location of the access point to State Road 29 to be determined at the time of permitting by the by the Florida Department of Transportation. EXHIBIT B ,,,,0,.'vi v'S \,'V \ ,"