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Backup Documents 12/09/2014 Item # 8A 8 A ,., COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To:Clerk to the Board: Please place the following as a: x Normal legal Advertisement Other: (Display Adv., Location,etc.) Originating Dept/Div: GMD/Planning&Zoning Person:Fred Reischl Principal Planner Date:November 05,2014 Petition No.(If none,give a brief description): PL20140000797 Petitioner:(Name&Address):Kristina Johnson,Delisi Fitzgerald,Inc. 1605 Hendry Street Fort Myers,FL 33901 Name&Address of any person(s)to be notified by the Clerk's office: (if more space is needed,attach separate sheet) Hearing before BCC X BZA Other Requested Hearing date:Tuesday, December 9,2014, (Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used:(Complete only if important): xxx Naples Daily News Account#068779 Other Legally Required Purchase Order No.4500154426 Proposed text:(include legal description&common locations&size: Legal Section Non-Legal Section Companion petition(s),if any&proposed hearing date: Does Petition Fee include advertising cost? x Yes No. If yes,what account should be charged for advertising costs: 131-138326-649100-00000 Reviewed By: H. 7<7' G ~, Date: (. Division Atf inistrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS A. 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 documents 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 B. Other hearings:initiating Division head to approve and submit original to Clerk's Office,retaining a copy file. FOR CLERK'S OFFICE - Date Received ,A S 14 Date of Public Hearing 12 fq I l IF Date Advertised 145t /1 I 1 If ( 8 A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION Notice is hereby given that on Tuesday, December 9, 2014, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of Zoning Appeals (BZA) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M.. The title of the proposed Resolution is as follows: The purpose of the hearing is to consider: A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number ASW-PL20140000797, granting a waiver from the minimum required separation of 500 feet between automobile service stations pursuant to Section 5.05.05.6 of the Land Development Code, for property located on the south side of U.S. 41 between Frederick Street and Palm Street in Section 11, Township 50 South, Range 25 East, Collier County, Florida. 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 TOM HENNING CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk (SEAL) j Li718f1A RESOLUTION NO. 14 - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBFR ASW-PL20140000797, GRANTING A WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS PURSUANT TO SECTION 5.05.05.B OF THE I..AND DEVELOPMENT CODE, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF U.S. 41 BETWEEN FREDERICK STREET AND PALM STREET IN SECTION 11, TOWNSHIP 50 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 waivers pursuant to Land Development Code section 5.05.05.13; and WHEREAS, RaceTrac Petroleum, Inc., desires to establish an automobile service station on the property described herein that would be located within 500 feet of an existing automobile service station; and WHEREAS, RaceTrae Petroleum, Inc, seeks a waiver to allow a separation distance of 143.7 feet between the proposed RaceTrac automobile service station and the existing 7-11 automobile service station; and WHEREAS, the Collier County Hearing Examiner has determined that this petition is a matter of great public interest or concern and has therefore recused himself from hearing this petition pursuant to Section 2-87, Paragraph 6, of the Collier County Code of Laws; 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 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 the Board having considered the advisability of granting the instant waiver and all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD) OF ZONING APPEALS OF COLLIER COUNTY,FLORIDA, that: Petition ASW-.PL20140000797, filed by Kristina Johnson, P.E., of DeLisi Fitzgerald, Inc., on behalf of the Petitioner, RaceTrac Petroleum, Inc., with respect to the subject property located on the south side of U.S. 41 between Frederick Street and Palm Street and further described in Exhibit A, attached hereto and incorporated herein by reference, is hereby approved for a waiver from the 500 foot minimum separation requirement between automobile service RaceTrac at Palm Street%ASW-PL20140000797 I of 2 5/05/14 `i t d ' 11 _, ' LY ..,z stations pursuant to LDC § 5.05.05.B.2., with a resulting minimum separation distance of 143.7 feet from the nearest automobile service station, as depicted in Exhibit B, subject to the following condition(s): 1. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number ASW- PL20I 40000797 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of , 2014.. ATTEST: BOARD OF ZONING APPEALS DWIGHT E.BROCIti, Clerk COLI.,IER COUNTY, FLORIDA By: By: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: Heidi F. Ashton-Cicko Managing Assistant County Attorney EXHIBIT A-- Legal Description EXHIBIT B— Separation.Exhibit CP`,14-CPS-01316/6 RaceTrac at Palm Street!ASW-PL20140000797 2 of 2 5/05/14 8 A Acct. #068779 November 5, 2014 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, FL 34110 Re: ASW-PL20140000797 Dear Legals: Please advertise the above referenced notice Wednesday, November 19, 2014, and send the Affidavit of Publication, in DUPLICATE, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk PO #4500154426 8 A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION Notice is hereby given that on Tuesday, December 9, 2014, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of Zoning Appeals (BZA) will consider the enactment of a County Resolution. The meeting will commence 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 ASW-PL20140000797, GRANTING A WAIVER FROM THE MINIMUM REQUIRED SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS PURSUANT TO SECTION 5.05.05.8 OF THE LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF U.S.41 BETWEEN FREDERICK STREET AND PALM STREET IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. 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 3 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 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara Deputy Clerk (SEAL) 8 A -Cou_nty of Collier CLERK OF "HE CIRCUIT COURT COLLIER COUNTY COURTH ►JSE Dwight E. Brock 3315 TAMIAMI TRAIL EAST ST 102 Clerk of Courts Clerk of Courts P.O. BOX 413044 Accountant Auditor NAPLES, FLORIDA 3401-3044 Custodian of County Funds November 5, 2014 Delisi Fitzgerald, Inc. Attn: Kristina Johnson 1605 Hendry Street Fort Myers, FL 33901 Re: ASW-PL-20140000797 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, December 9, 2014, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, November 19, 2014. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone - (239) 252-2646 Fax - (239) 252-2755 Website - www collierclerk com Email - collierclerk a collierclerk corn NOTICE OF PUBLIC HEARING 8 A NOTICE OF INTE TT r CONSIDER A RESOLUTION Notice is herebygiven that on Tuesday, December 9. 2014, in the Board of co am#.y Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tarniarni Trail, Naples FL., the Board of Zoning Appeals (BZA) will consider the. enactment of a County Resolution. The meeting wicommence at 00 A.M. The title of the proposed Resouion is as follows: A RESOLUTION OF TH.E BOARD OF. ZONING APPEALS OF COLLIER COUNTY, FLORIDA,, RELATING TO PETITION NUMBER ASW-PL20140000797, GRANTING A WAIVER FROM THE MINIMUM UM RE UIR D SEPARATION OF 500 FEET BETWEEN AUTOMOBILE SERVICE STATIONS PURSUANT TO SECTION 5,05.05.8 OF THE LAND DEVELOPMENT CODE, FOR PROPERTY LOCA t ED ON THE SOUTH SIDE OF U.S. 41 BETWEEN FREDERICK STREET AND PALM STREET IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COWER COUNTY, FLORIDA. 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. inthvival speakers will be limited to 3 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 Bpublic hearing. In any case, written materials intended to be considered by the. oard 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 Lade 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 Tamiarni Trail East, Suite 01 Naples, FL 34112-5356, (239) 252-8380, at least two days prior to theeetin . Assisted listening devices for the hearing impaired are, available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY,TY, FL RID TOM FIE ,WING, CHAIRMAN DWIGHT E. B.ROCK, CI FRK By:Martha Vergara Deputy Clerk (SEAL) November 19, 2014 No. 2039513 8 A Martha S. Vergara From: Polidora, Carol <cpolidora@naplesnews.com> Sent: Friday, November 07, 2014 11:59 AM To: Martha S. Vergara Subject: RE:Ad Confirmation TGIF!!! Thanks! Released for publication... Carol Original Message From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent: Friday, November 07, 2014 8:12 AM To: Polidora, Carol Subject: RE: Ad Confirmation Carol, The CAO's office has approved, please proceed with publishing this ad. Happy Friday!! Martha Original Message From: Polidora, Carol [mailto:cpolidora(a@naplesnews.com] Sent: Thursday, November 06, 2014 4:34 PM To: Martha S.Vergara Subject: Ad Confirmation Hi Martha! Please provide approval ASAP for publication on 11.19.14. Thank you! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110 0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora@naplesnews.com naplesnews.com I ndnadvertising.com Read. Learn. Share. How may we help you? Call us at (239) 213-6000 Thank you for placing your ad. Date 11/06/14 1 Publication NDN 8A Account Number 744102 Ad Number 2039613 Total Ad Cost $359.52 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@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. 2 r 8 + Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News BCC/ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAM IAM I TRL E #700 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER A RESOLUTION , NAPLES FL 34112 Notice is hereby given that on Tuesday,December 9,2014, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of Zoning Appeals (BZA) will consider the enactment of a County Resolution. The meeting will commence at 9:00 A.M.The title of the proposed Resolution is as follows: REFERENCE: 068779 4500154426 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, 59758115 NOTICE OF PUBLIC I ING A WAVER FROMRELATING PETITION THE MINIMUMEQUI ED S ARATION OF 500�FEET A BETWEEN AUTOMOBILEAUTOMOBILE SERVICE STATIONS PURSUANT TO SECTION 5.05.05.8 OF THE LAND DEVELOPMENT CODE,FOR PROPERTY LOCATED ON THE SOUTH SIDE OF U.S.41 State of Florida BETWEEN FREDERICK STREET AND PALM STREET IN SECTION 11,TOWNSHIP 50 SOUTH,RANGE 25 EAST,COLLIER COUNTY,FLORIDA. Counties of Collier and Lee A copy of the proposed Resolution is on file with the Clerk to the Board and is Before the undersigned authority, per: 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 appeared Dan McDermott, says that he se) ountumanager sprior l tolimresentt3mioutesonagen aitie teosee addresed. Inside Sales Supervisor, of the Naples I individual to speak on tion of any be ehalf of an organization or group is encouraged. If a daily newspaper published at Naples, arecoglottnized by the Chairman, a spokesperson for a group or organization may be led l0 minutes tospeakonanitem. County, Florida: distributed in Collier Persons wishing to have written or graphic materials included in the Board agenda and Lee counties of Florida• that the at packets must submit said material a mi materials of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted tog the appropriate County staff a minimum of seven days copy of advertising was published in Say prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. newspaper on dates listed. Any person who decides to appeal any decision of the Board wil!tan eed a record of Affiant further says that the said Nab the proceedings pertaining thereto and therefore, may need ensurare e that a verbatim record of the proceedinggs'is made, which record includes the testimony. News is a newspaper published at Naples, andevidenceuponwhichtheappealisbased. Collier County, Florida, and that the s• Ifyou are a are nperorwith a disability who needs any accommodation in order to p p p g, you are entitled,at no cost to you,to the provision newspaper has heretofore been contlnuou., of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, day and has been entered as second clasp {239) 252-8380, at feast two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners matter at the post office in Naples, in office. Collier County, Florida, for a period o BOARD OF CONINGRD OF UNTY COMMISSIONERS next preceding the first publication of TOMLUIERCON CHARMDA attached copy of advertisement; and affj DWIGHT E.BROggCK,CLERK further says that he has neither paid nc Deputy Clerk promised any person, firm or corporation_ -.-_..1. ,• r •. discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 11/19 AD SPACE: 112 LINE FILED ON: 11/19/14 Signature of Affian Sworn to and Subscribed before me this Or day of /►"D✓ 20 )5 Personally known by me i4PR Notary Public State of Florida Susan D Flora �ijy� My Commission FF 040250 •of fti0 Expires 07/28/2017