Backup Documents 09/24/2013 Item #17C9 -24 -13
CU— PL20130001108 MILAN CENTER
COLLIER COUNTY F.
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINUS
To : Clerk to the Board: Please place the following as a:
x Normal legal Advertisement Other:
(Display Adv., Location, etc.)
Originating Dept /Div; cmo planning & zonin Person: Nancy Gundlach Principal Planner
Date: August 26, 2013
Petition No. (if none, give a brief description). PL20130001108
Petitioner: (Name & Address):
D. Wayne Arnold, ATCP
Q. Grady Minor and Associates, P.A.
3800 Via Del Rey
Bonita Springs, Ft., 34134
Name & Address of any person(s) to be notified by the Clerk's office:
(if more space is needed, attach separate sheet)
Hearing before X BCC BZA Other
Requested Hearing date: 0912412013 (Based on advertisement appearing 20 days before hearing.
Newspaper(s) to be used: (Complete only if important):
xxx Naples Daily News Account #068779 Other
Purchase Order No. 4500140024
Proposed text: (include legal description & common locations & size: Legal Section
Companion petition(s), if any & proposed hearing date:
Legally Required
Non -Legal Section
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:
Date: 0, a '
Divisio dministrator 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.
B. FOR CLERK'S OFFICE
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17 C
Ann P. Jennejohn
From: Gund|och Nancy
Sent: Monday, August J620l31(l39AK4
To: Minutes and Records
Cc: Bosi' Michael; Bellows, Ray; Patricia L Morgan; Neet, Virginia; Rodriguez' Wanda; Ann P.
]enn John;KendaU'k4orcia;VVeUs,Lauro
Subject: Request for BCC Advertising: Milan Center [U
Attachments: Request for Advertising signed 8'26-1lpdf, Resolution 8'2-l].pdf
Good morning,
Please advertise the petition attachments for the September 24, 2013 BCC hearing.
Nancy
Nancy Gundkad,AlCP,RLA#1244
Principal Planner, Planning &Zoning
Growth Management Division
%OOO North Horseshoe Drive
Naples, FL34104
(239)252-2484
FAX: (239)252-6361
Under Florida aw, e-rnail addresses arepm/c reCoidm,|r you un net want your e-mail address released m response, ma public records req'.�em,.uonn,send
n/eumnio mail mm'o entity, /nute�au.nnofam this office ov telephone u'mwxno.
I
17C
°
NOTICE OFPUBLIC HEARING
Notice is hereby given that on Tuesday, September 24, 2013 in the Board of County Commissioners meeting room, third
floor, Collier Government Center, 329Q East Temimmi Trail, Naples FL the Board mf County Commissioners (BCC) will
consider the enactment ofm County Ordinance. The meeting will commence cd The title of the proposed
Resolution iaasfollows:
A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional
Use to allow a retail store in excess of5OOO square fee within the C-3 Zoning District pursuant hoSeodon
2,U3.O3.C.1.c.17of the Collier County Land Development Code for property located on the southwest corner mfQ5thAve,
N. and U.S.41in Section 33. Township 48 South, Range 25 East, Collier County, Florida. (CU-PL20130001108.yWi|an
Center)
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested
parties are invited bu attend and beheard.
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 boS minutes on any item. The selection of any
individual tn speak on behalf ofan organization orgnoupioonnounagad |f recognized by the Chairman, a spokesperson
for o group ur organization may ba allotted 1O minutes Vn speak nnenitem.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a
minimum of3 weeks prior to the respective public hearing. |n any case, written materials intended bzbe 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 iobased.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are
entitled, sdno cost to you, bothe provision of certain assistance. Please contact the Collier County Facilities Management
Department, located ot3335Tamiami Trail East, Suite 1O1. Naples, FL 34112-S356.(238)352-838O.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 DF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGE A. HILLER, ESQ,
CHAIRWOMAN
DWIGHT E.8ROCK,CLERK
8y: Is/Patricia Mo
Deputy Clerk (SEAL)
17
RESOLUTION 13-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A RETAIL
STORE IN EXCESS OF 5,000 SQUARE FEET WITHIN THE C -3
ZONING DISTRICT PURSUANT TO SECTION 2.03.03.C.1.c.17 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF 95' AVE. N. AND
U.S. 41 IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA. [CU- PL20130001108]
WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County 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
(Ordinance No. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of a Conditional Use to allow
a retail store in excess of 5,000 square feet within the C -3 Zoning District pursuant to Section
2.03.03.C.1.c.17 of the Land Development Code on the property hereinafter described, and the
Collier County Planning Commission has made findings that the granting of the Conditional Use
will not adversely affect the public interest and the specific requirements governing the
Conditional Use have been met and that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in accordance with Subsection
10.08.00.D. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a 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:
Petition CU- PL20130001108 filed by D. Wayne Arnold of Q. Grady Minor &
Associates, P.A., representing Milan 34108, LLC with respect to the property hereinafter
described in Exhibit A, is hereby approved for the establishment of a Conditional Use pursuant
to Section 2.03.03.C.1.c.17 of the Collier County Land Development Code in the C -3 Zoning
District in accordance with the Conceptual Site Plan attached hereto as Exhibit `B," and subject
to the Conditions set forth in Exhibit "C ". Exhibits "A ", "B" and "C" are attached hereto and
incorporated by reference herein.
Milan Center \CU- PL20130001108 Page 1 of 2
Rev. 8/1/13
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super- majority vote, this _ day of
, 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
Un
Deputy Clerk
Approved as to form and legality:
Heidi Ashton -Cicko
Managing Assistant County Attorney
Attachments: Exhibit A -
Exhibit B -
Exhibit C -
CP\ 13 -CPS -0 l 231 \42
- Legal Description
Conceptual Site Plan
Conditions of Approval
Milan Center \CU- PL20130001108 Page 2 of 2
Rev. 8/1/13
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ.
Chairwoman
17
7 -C
* ** OR 4539 PG 529 * **
Lots 1 through 5, inclusive and Lots 47 through 50, inclusive, Block 57, UNIT NO.5 NAPLES
PARK, according to the Plat thereof, as recorded in Plat Book 3, at Page 14, of the Public
Records of Collier County, Florida
now known as
All lands of MILAN CENTER, a Condomi
the Declaration of Condominium
80, and all exhibits and
thereof, as recorded In Official Reco
amendments thereof, of the PUbIlo,
of Collier . orida.
We
unl! 101. Unit 102. Unit 163, t
CENTER, a Condominium, a I t
an Unit 205, of MILAN
m loin thereof, as recorded
In Official Records Book 429 e 5
u c R Iller County, Florida.
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CONDITIONS OF APPROVAL
FOR
CU- PL20130001108
1. The Conditional Use approval is limited to the retail use of 14,994± square feet of
building area.
2. The maximum retail square footage available for any use shall be based on the
LDC parking requirement for the on -site retail use. The property owner
acknowledges that 100% of the building may not be available for all retail uses
unless parking is made available via off -site parking or parking exemptions as
identified in Section 4.05.00 of the LDC.
EXHIBIT C
Milan Center \ CU- PL20130001108
Rev. 8/01/13
17C
CLERK OF
Dwight E. Brock COLLIER COL
Clerk of Courts 3315 TAMIAMI TRL E STE 1
NAPLES, FLORIDA
34112 -5324
August 26, 2013
D. Wayne Arnold, AICP
Q. Grady Minor & Associates, P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
of Collier
CIRCUIT COURT
Re: CU- PL20130001108, Milan Center
Dear Petitioner:
THOUSE
P.O. BOX 413044
NAPLES, FLORIDA
34101 -3044
17
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
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, September 24, 2013, as indicated on the enclosed notice.
The legal notice pertaining to this petition will be published in the Naples
Daily News on Wednesday, September 4, 2013.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
e� <:)- C .
Ann Z�&
Deputy Clerk
Enclosure
Phone- (239) 252 -2646 Fax- (239) 252 -2755
Website- www.CollierClerk.com Email- CollierClerkgcollierclerk.com
17C
Acct #068779
August 26, 2013
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: CU- PL20130001108, Milan Center
Dear Legals:
Please advertise the above referenced notice on Wednesday, September 4, 2013
and kindly send the Affidavit of Publication, in triplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennej ohn,
Deputy Clerk
P.O. #4500140024
17C
NOTICE OF PUBLIC HEARING TO CONSIDER A 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, September 24, 2013, in the Boardroom,
Third Floor, Administration Building, Collier County Government
Center, 3299 Tamiami Trail East, 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, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL, USE
TO ALLOW A RETAIL STORE IN EXCESS OF 5,000 SQUARE FEET WITHIN
THE C -3 ZONING DISTRICT PURSUANT TO SECTION 2.03.03.C.1.c.17 OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON
THE SOUTHWEST CORNER OF 95TH AVE. N. AND U.S. 41 IN SECTION 33,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
(CU- PL20130001108, MILAN CENTER)
A copy of the proposed Resolution is on file and available for
public inspection in the Collier County Clerk's Office, 4th floor,
Administration Building, Suite 401, Naples, 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.
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
17C
contact the Collier County Facilities Management Department,
located at 3335 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
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
17C
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Monday, August 26, 2013 2:32 PM
To: Naples Daily News Legals
Subject: CU- PL20130001108
Attachments: CU- PL20130001108.doc; CU- PL20130001108.doc
Good Afternoon,
Please advertise the attached on Wednesday, September 4, 2013.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239- 252- 8408(Fax)
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Attachments:
Hi Ann!
Hope you're having a nice day...
Polidora, Carol < cpolidora @naplesnews.com>
Tuesday, August 27, 2013 12:11 PM
Ann P. Jennejohn
Ad Confirmation
UAS605B jpg
Please provide approval ASAP for publication on 09.04.13.
THANKS!!!
Carol
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
O: (239) 263 -4871 1 Fax: (239) 325 -1251 1 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 08/27/13
Publication NDN
Account Number 744102
Ad Number 1999390
Total Ad Cost $264.54
1
17
17C
Milan Center
CU- PL20130001108
NOTICE OF PUBLIC HEARING TO CONSIDER A 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,;
September 24, 2013, in the Boardrocirr, Third Floor, Administration Building,
Collier County, Government Center, 3299 Tamiami Trail East, Naples, Florida. The
meeting will begin at 9;40 A.M. The title of the proposed resolution is as fallows<
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLL
FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITP
ALLOW A RETAIL STORE IN EXCESS OF 5,000 SQUARE FEET WI'
ZONING DISTRICT PURSUANT'ro SI_C.TION 2.03.03.C.t.c.17 OF
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCA
SOUTHWEST CORNER OF 95TH AVE. N. AND U.S. 41 IN SECTION 33,
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
A copy of the proposed Resolution is or, file and available. for public inspection in
the Collier County Clerk's Office, 4th floor, Administration Building,: Suite 401,
Naples, Florida.
NOTE: All Persons wishinr3, to speak an any agenda item must re rster with the
County Administrator savior 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 presentatiorts'before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Berard will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings 15 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 Tamiaml Trail East, Building W. staples, Florida 34112;
(239)252 -8380. Assisted listening devices far the hearing impaired are available in
the County Commissioners' Office,
BOARD OF COUNTY COMMiSSIONERS
BOARD Of ZONING APPEALS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK. CLERK
By: Ann lennejohn, Deputy Clerk
(SEAL)
September 4. 2013 No. 1999390
17C
Ann P. Jennejohn
From: Neet, Virginia
Sent: Tuesday, August 27, 2013 1:59 PM
To: Ann P. Jennejohn
Subject: FW: Ad Confirmation - CU- PL20130001108 (Milan Center)
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252 -8066 - Fax (239) 252 -6600
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.
- - - -- Original Message---- -
From: AshtonHeidi
Sent: Tuesday, August 27, 2013 1:47 PM
To: NeetVirginia; BonhamGail
Subject: RE: Ad Confirmation - CU- PL20130001108 (Milan Center)
Okay
Heidi Ashton -Cicko
Managing Assistant County Attorney
3299 Tamiami Trail East, Suite 800
Naples, FL 34112
(239) 252 -8400
- - - -- Original Message---- -
From: NeetVirginia
Sent: Tuesday, August 27, 2013 1:33 PM
To: AshtonHeidi; BonhamGail
Subject: FW: Ad Confirmation - CU- PL20130001108 (Milan Center)
Another one for Heidi's approval.
hinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252 -8066 - Fax (239) 252 -6600
17 c
Ann P. Jennejohn
From: Gundlach, Nancy
Sent: Tuesday, August 27, 2013 1:20 PM
To: Ann P. Jennejohn
Subject: RE: Ad Confirmation - CU- PL20130001108 (Milan Center)
HI Ann,
The ad looks good.
Sincerely,
Nancy
Nancy Gundlach, AICP, RLA # 1244
Principal Planner, Planning & Zoning
Growth Management Division
2800 North Horseshoe Drive
Naples, FL 34104
(239)252 -2484
FAX: (239)252 -6361
nancygundlach@colliergov.net
- - - -- Original Message---- -
From: Ann P. Jennejohn [ mailto: Ann.Jennejohn @collierclerk.com]
Sent: Tuesday, August 27, 2013 12:20 PM
To: GundlachNancy; NeetVirginia
Subject: Ad Confirmation - CU- PL20130001108 (Milan Center)
Please check over the Milan Center Conditional Use Legal Notice that will run next Wednesday, September 4th for
the Board's September 24th Meeting and give me a thumbs -up (or thumbs -down) a.s.a.p.
Thank you!
Ann
- - - -- Original Message---- -
From: Polidora, Carol [ mai Ito: cpoIidora @naplesnews.com]
Sent: Tuesday, August 27, 2013 12:11 PM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Hi Ann!
17C
Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
- - -- ----------- - - - - -- -- --- +-------------- - - - - --
BCC /ZONING DEPARTMENT
FINANCE DEPARTMENT
3299 TAMIAMI TRL E #700
NAPLES FL 34112
REFERENCE: 068779 4500140024
59727309 NOTICE OF PUBLIC
State of Florida
County of Collier
Before the undersigned authority, pez
appeared Robin Calabrese, who on oath
she serves as the Advertising Director
Naples Daily News, a daily newspaper pu
Naples, in Collier County, Florida: th
attached copy of advertising was publis
newspaper on dates listed.
Affiant further says that the said Na
News is a newspaper published at Naples
Collier County, Florida, and that the s
newspaper has heretofore been continuou
published in said Collier County, Flori
day and has been entered as second clas
matter at the post office in Naples, in
Collier County, Florida, for a period o
next preceding the first publication of
attached copy of advertisement; and aff
further says that he has neither paid n
promised any person, firm or corporatio
discount, rebate, commission or refund
purpose of securing this advertisement
publication in the said newspaper.
PUBLISHED ON: 09/04
AD SPACE: 88 LINE
FILED ON: 09/04/13
'LITICR
NOTICE OF PUBLIC NEARING TO CONSIDER A 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,
Se ember 24, 2013, in the Boardroom, Third Floor, Administration Building,
Collier County Government Center, 3299 Tamiami TraR East, 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, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO
ALLOW A RETAIL STORE IN EXCESS-OF 5,000 SQUARE. FEET, WITHIN THE C -3
ZONING DISTRICT PURSUANT TO ,SECTION 2.03.03.C.t.a17 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF 95TH AVE. N. AND U.S. 41 IN SECTION 33, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
(CU- PL20130001108, MILAN CIENT15R) . .
A copy of the proposed Resolution is on file and available for public inspection in
the Collier County Clerk's Office, 4th floor,, Administration Building, Suite 401,
Naples, Florida.
NOTE: All Persons wishing to speak lily any agenda item' must register with the
County Administrator pprior, 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 writtemor graphic materials included in the Board agenda
packets must submit said materrllaal a -r minimum of 3. weeks p(jor to the resppective
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. Ali material used in presentations before the Board
wdl become a permanent part of the record.
Any person who decides to appeal A, decision of the Board will need a record of the
proceedin s 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. thik provision
of certain assistance. Please Col
contact the lier County Facilities Management
Department, located at 3335 Taniami 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
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL) -
Sentemhef 4 2013 Nn 1090700
------------------------ - - - - -- ------------------+------------------------
Signature of Affiant
�^
Sworn to and Subscribed Ve ore me th s day o 20 L3
Personally known by me
CpgOLPOLIDORA
MY COMMISSION # EE 851758
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SI4�
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 46
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.
* *NEW ** ROUTING SLIP
Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce of the Chairman's sio atj >re draw a ii— thrmiah routing linen #t through 42. complete the checklist. and forward to the County Attorney Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1. County Attorney Office
County Attorney Office
/ `
c, 1-2,q
2. BCC Office
Board of County
Commissioners
w
Z
3. Minutes and Records
Clerk of Court's Office
N/A
4.
Resolution
Number of Original
1
5.
c
Documents Attached
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created /prepared the Executive Surpmary. Primary contact information is needed in the event one of the
addressees above may nepri to contact staff for ndditinnal or miCCing Information.
Name of Primary Staff
Nancy Gundlach `s v7i
Phone Number
(239)252-')A84
Contact / Department
r��,�
(Initial)
Applicable)
Agenda Date Item was
September 24, 2013
Agenda Item Number
17 C.
Approved by the BCC
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
Type of Document
Resolution
Number of Original
1
Attached
c
Documents Attached
PO number or account
signed by the Chairman, with the exception of most letters, must be reviewed and signed
N.G.
number if document is
. a(
to be recorded
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
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?
N.G.
2.
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
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
N.G.
by the Office of the County Attorney.
4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
N.G.
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
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signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
N.G.
should be provided to the County Attorney Office at the time the item is in
,Put into SIRE.
Some documents are time sensitive and require forwarding to Tallahasse within a certain
time frame or the BCC's actions are nullified. Be aware of yo ur de nes!
8.
The document was approved by the BCC on September 24, 2012V and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorney's Office has reviewed the changes, if applicable.
jNG.
ol
9.
Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for K
Chairman's signature.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12
1/C
MEMORANDUM
Date: October 1, 2013
To: Nancy Gundlach, Principal Planner
Comprehensive Planning - GMD
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Resolution 2013 -213 Milan Center Conditional
Use; Petition PL20130001108
Attached for your records is a copy of the document referenced above, (Item #17C)
adopted by the Board of County Commissioners on September 24, 2013.
The Minutes and Record's Department has held the original for the Board's
Official Record.
If you have any questions, please feel free to call me at 252 -8406.
Thank you.
Attachment
17C
RESOLUTION 13- 213
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA PROVIDING FOR THE
ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A RETAIL
STORE IN EXCESS OF 5,000 SQUARE FEET WITHIN THE C -3
ZONING DISTRICT PURSUANT TO SECTION 2.03.03.C.l.c.17 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF 95TH AVE. N. AND
U.S. 41 IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA. [CU- PL20130001108]
WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida,
and Chapter 125, Florida Statutes, has conferred on Collier County 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
(Ordinance No. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance
establishing regulations for the zoning of particular geographic divisions of the County, among
which is the granting of Conditional Uses; and
WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of a Conditional Use to allow
a retail store in excess of 5,000 square feet within the C -3 Zoning District pursuant to Section
2.03.03.C.1.c.17 of the Land Development Code on the property hereinafter described, and the
Collier County Planning Commission has made findings that the granting of the Conditional Use
will not adversely affect the public interest and the specific requirements governing the
Conditional Use have been met and that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in accordance with Subsection
10.08.00.D. of the Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a 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:
Petition CU- PL20130001108 filed by D. Wayne Arnold of Q. Grady Minor &
Associates, P.A., representing Milan 34108, LLC with respect to the property hereinafter
described in Exhibit A, is hereby approved for the establishment of a Conditional Use pursuant
to Section 2.03.03.C.1.c.17 of the Collier County Land Development Code in the C -3 Zoning
District in accordance with the Conceptual Site Plan attached hereto as Exhibit "B," and subject
to the Conditions set forth in Exhibit "C ". Exhibits "A ", "B" and "C" are attached hereto and
incorporated by reference herein.
Milan Center \CU- PL20130001108 Page 1 of 2
Rev. 8/1/13
CAO'
17C
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and super- majority vote, this day of
pe �- , 2013.
ATTEST:
DWIGHT E. BROCK, CLERK
e
Approved "as eta foiztn and legality:
b4 A r4o
Heidi Ashton Cicko
Managing Assistant County Attorney
go
Attachments: Exhibit A — Legal Description
Exhibit B — Conceptual Site Plan
Exhibit C — Conditions of Approval
CP\ 13 -CPS -01 231 \42
Milan Center \CU- PL20130001108 Page 2 of 2
Rev. 8/1/13
APPEALS
, FLORIDA
ESQ.
Rem # n G
Date "" ` J '
Dale d
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* ** OR 4539 PG 529 * **
17C
Lots 1 through 5, Inclusive and Lots 47 through 50, inclusive, Block 57, UNIT NO.5 NAPLES
PARK, according to the Plat thereof, as recorded in Plat Book 3, at Page 14, of the Public
Records of Collier County, Florida.
now known as
All lands of MILAN CENTER, a Condom! R the Declaration of Condominium
thereof, as recorded in Official Reco 80, and all exhibits and
amendments thereof, of the Publi s of Collier orida.
We
Unit 101, Unit 102, Unit 103, it an Unit 205, of MILAN
CENTER, a Condominium, a i t m ium thereof, as recorded
In Official Records Book 428 ,� e 5 c R o s ollier County, Florida.
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17C 11
CONDITIONS OF APPROVAL
FOR
CU- PL20130001108
1. The Conditional Use approval is limited to the retail use of 14,994± square feet of
building area.
2. The maximum retail square footage available for any use shall be based on the
LDC parking requirement for the on -site retail use. The property owner
acknowledges that 100% of the building may not be available for all retail uses
unless parking is made available via off -site parking or parking exemptions as
identified in Section 4.05.00 of the LDC.
EXHIBIT C
Milan Center \ CU- PL20130001108
Rev. 8/01/13
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