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Backup Documents 06/10/2025 Item # 8A 8A C`i‘LvIT cotio. A% Clerk of the Circuit Court and Comptroller - Crystal K. Kinzel C Collier County, Florida u x 3315 Tamiami Trail East, Ste. 102 - Naples, FL 34112-5324 * a= Phone: (239) 252-2646 Affidavit of Publication COLLIER COUNTY STATE OF FLORIDA Before the undersigned authority personally appeared Yanirda Fernandez,who on oath says that he or she is a Deputy Clerk of the Circuit Court of Collier County, Florida; that the attached copy of advertisement, PL20250003142 Admin Appeal-Seed to Table HEX Decision 25-02 (BCC 6-10-25)was published on the publically accessible website https://notices.collierclerk.com as designated by Collier County, Florida on 05/23/2025 until 06/12/2025. Affiant further says that the website complies with all legal requirements for publication in chapter 50, Florida Statutes. ,1 f ( fi 'g ure) (Af 2nt Printed N e) SW to and s ibep ,ed before me this 06/12/2025 Crystal(Kinzel;Elerk of the Circuit Court& Comptroller' — i7; :U ( i epiity Cler ,nature) ' _jevil 1 Lei ILISal (Deputy Clerk Printed Name) D t l o 8A NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC)commencing at 9:00 A.M.on June 10,2025,in the Board of County Commissioners Meeting Room,Third Floor,Collier Government Center,3299 Tamiami Trail East,Naples,FL,to consider: APPEAL BY THE BOARD OF COUNTY COMMISSIONERS OF HEARING EXAMINER DECISION 2025-02 WHICH DENIED AN INSUBSTANTIAL CHANGE TO ORDINANCE NO.18-49,THE SEED TO TABLE COMMERCIAL PLANNED UNIT DEVELOPMENT,TO REMOVE THE GATE CONTROL SYSTEM AT THE PIPER BOULEVARD ACCESS TO THE PARKING LOT. THE SUBJECT PUD IS 6.82 ACRES LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF IMMOKALEE ROAD AND LIVINGSTON ROAD IN SECTION 24,TOWNSHIP 48 SOUTH,RANGE 25 EAST,COLLIER COUNTY, FLORIDA.(PL20250003142) r Menhir DID i111/ _�flArit, ttf�R \Uk P'ro ect --_— Location 11 y} \S iIkiui'hby .G' ( rf.�, '% L. ‘Villouj hl�ti ( :irltnn I .2kc` -,- ,;tin t,1:t lyrist: F \ I i RI V l) , .I 0. +^ v. ��'. i,ti. .1 1 Piper EMI VD 4____ 6,I'. ', Ir>r>ttnnk:Ilet 1(1) Immnkalcr RI) low..._ - 1 mi . I E- I - A copy of the proposed Appeal is on file with the Clerk to the Board and is available for inspection.All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed.Individual speakers will be limited to 3 minutes on any item.The selection of an 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.Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing.All materials used in presentations before the Board will become a permanent part of the record. 8A As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely,as well as in person,during this proceeding.Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.COI licreouni%11,tzti mu-county i.itor, i.•nl,after the agenda is posted on the County website.Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice.Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to illit a col ltercount�ll ego\. 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 Division,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 BURT L. SAUNDERS,CHAIRMAN CRYSTAL K.KINZEL,CLERK By:Martha Vergara,Deputy Clerk 8A 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.The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** ROUTING SLIP** Complete routing lines#1 through#2 as appropriate foradditional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chaimian'ssignature,drawa line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office — ' d'S 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office 1k CONTACT INFORMAT N //7/i2od- - PRIMARY 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 may need to contact staff for additional or missing information. Name of Primary Staff HA,R , �I , A 5IA.{-l;--n , (C J I Phone Number Contact/Department ;CI . as 113 Agenda Date Item was Agenda Item Number Approved by the BCC Q �- ID "� c. 0 _ �° . Type of Document(s) Number of Original Attached 0 I R.') IY't Documents Attached PO number or account e�I number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature(instead of stamp)? -4 N`A L 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legality. (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.) t! 4. All handwritten strike-through and revisions have been initialed by the County Attorney i ,(�(� Office and all other parties except the BCC Chairman and the Clerk to the Board. `i'\\ I 5. The Chairman's signature line date has been entered as the date of BCC approval of the `/Ih^�(� document or the final negotiated contract date whichever is applicable. (—�.® I 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ( (� signature and initials are required. \-"1 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is uploaded to the agenda. Some documents are time sensitive and require forwarding to Tallahassee within a A certain time frame or the BCC's actions are nullified. Be aware of your deadlines! �( 8. The document was approved by the BCC on (p-Io.j.(and all changes made during A is not the meeting have been incorporated in the attached document. The County Attorney Ocikx'-" option for Office has reviewed the changes,if applicable. is line. 9. Initials of attorney verifying that the attached document is the version approved by the A is not BCC,all changes directed by the BCC have been made,and the document is ready for the (p( option for Chairman's signature. ` I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21 8A RESOLUTION NO. 2025- 1 21 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS SITTING AS THE BOARD OF ZONING APPEALS, REVERSING HEARING EXAMINER DECISION 2025-02 WHICH DENIED AN APPLICATION FOR AN INSUBSTANTIAL CHANGE TO ORDINANCE NO. 18-49,THE SEED TO TABLE COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD), AND APPROVING AN INSUBSTANTIAL CHANGE TO THE SEED TO TABLE CPUD TO REMOVE THE GATE REQUIRED AT THE ACCESS POINT OFF OF PIPER BOULEVARD. THE SUBJECT PUD CONSISTS OF±6.82 ACRES AND IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF IMMOKALEE ROAD AND LIVINGSTON ROAD IN SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST. [PL20250003142] WHEREAS, on September 25, 2018, the Board of County Commissioners approved Ordinance No. 18-49, which established the Seed to Table Commercial Planned Unit Development; and WHEREAS, Randy Johns on behalf of Oakes Farm Inc. filed a petition PL20230010739 to request approval of an insubstantial change to the Seed to Table PUD,which was heard by the Collier County Hearing Examiner at a public hearing on January 23, 2025, and subsequently denied by Hearing Examiner(HEX) Decision No. 2025-02. WHEREAS, the Board of County Commissioners filed an appeal of the HEX Decision. WHEREAS, at a duly advertised public hearing, 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 RESOVLED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board sitting as the Board of Zoning Appeals reverses HEX Decision 2025-02. 2. The Board amends Exhibit A, List of Permitted Uses and Exhibit C,the master plan attached to Ordinance No. 18-49 to remove the requirement to provide controlled access with a gate at the Piper Boulevard access to the parking lot, subject to the following conditions: a. Oakes Farm Inc. or its successors and assigns will install speed bumps/tables, Seed to Table Appeal/PDI-PL20250003142 6//12/25 Page 1 of 2 8A b. Oakes Farm Inc. or its successors and assigns will post "Authorized Personnel Only" signs, and c. Oakes Farm Inc. or its successors and assigns will request police presence as needed. 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 10th day of June, 2025. ATTEST: _, "' ''': BOARD OF ZONING APPEALS CRYST4 t K. KINZYIE,�CLERK COLLI R COUNTY, FLORIDA rYtitk ' a By: : AMill f By. 4144140 Deputy Cle .` BURT L. SAUNDERS, Chairman Attest as Cheh tOni sign aturP.nn!V' :J'' Approved as to form and legality: i A (,/ ., Heidi Ashton-Cicko Managing Assistant County Attorney Seed to Table Appeal/PDI-PL202500031=12 6//12/25 Page 2 of 2