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Backup Documents 06/12/2012 Item #17A17A 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 Dept/ Div: GMD /Zoning Person: Fred Reischl, Senior Planner Date: May 24, 2012 Petition No. (If none, give brief description): PL20120000661 Petitioner: (Name & Address): R. Bruce Anderson, Esq.; Roetzel & Andress, LPA; 850 Park Shore Drive, Naples, FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC X BZA Other Requested Hearing date: Tuesday, June 12, 2012. Based on advertisement appearing 10 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: See Attached 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: Division Administrator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS 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 document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office 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: / Date Received: �� Date of Public hearing: / �� Date Advertised: i �2 May 24, 2012 Board of County Commissioners Public Hearing Advertising Requirements 17 Please publish the following Advertisement on June 1 2012, and furnish proof of publication to the attention of Fred Reischl, Senior Planner in the Land Development Services Department, Zoning Services Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement must be two columns wide x 10 inches long in standard size, and the headline in the advertisement must be in a type no smaller than 18 point. The advertisement must not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Please reference the following on ALL Invoices: DEPARTMENT: LAND DEVELOPMENT SERVICES Zoning Review Section FUND & COST CENTER: 131 - 138326- 649100 -00000 PURCHASE ORDER NUMBER: 4500131207 Account Number: 068779 NOTICE OF PUBLIC HEARING 17A Notice is hereby given that on Tuesday, June 12, 2012, 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 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 ZLTR- PL2012- 0000661 approving martial arts instruction as a permitted use in the White Lake Industrial Corporate Park Planned Unit Development. The subject property is located in Section 35, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Fred Reischl, AICP, Senior Planner] 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 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 COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia Morgan Deputy Clerk (SEAL) RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER ZTLR- PL2012- 0000661 APPROVING MARTIAL ARTS INSTRUCTION AS A PERMITTED USE IN THE WHITE LAKE INDUSTRIAL CORPORATE PARK PLANNED UNIT DEVELOPMENT. THE SUBJECT PROPERTY IS LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 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 rezoning of land to Planned Unit Development (PUD); and WHEREAS, on October 23, 2001 by Ordinance No. 2001 -59, the Board of County Commissioners of Collier County approved a PUD known as the White Lake Industrial Corporate Park Planned Unit Development ( "PUD' for the subject property; and WHEREAS, Section 3.2.A of the PUD provides for certain permitted uses, including Subsection 3.2.A.36, "any other use, which is comparable in nature to the foregoing land uses as determined by the Collier County Planning Services Director"; and WHEREAS, the Petitioner, R. Bruce Anderson, Esquire of Roetzel & Andress, PA, on behalf of the property owner, Lighthouse Properties, LLC, requested a determination that "martial arts instruction" is "comparable in nature" to the permitted uses in the PUD; and WHEREAS, the PUD pen-nits "educational services "; and WHEREAS, "physical fitness facilities" are permitted in the Industrial zoning district; and WHEREAS, the subject property is in the Industrial Development Area of the PUD; and WHEREAS, the Zoning Manager (successor to the Planning Services Director) determined that "martial arts instruction" is a permitted use in the PUD by Zoning Verification letter dated March 21, 2012 attached as Exhibit "A "; and White Lake PUD / ZLTR- PL2012 -0661 Page 1 of 2 Rev. 5/18/12 �a 17A WHEREAS, the Petitioner requests an affirmation of the Zoning Manager's determination by the Board of Zoning Appeals that "martial arts instruction" is a permitted use in the White Lake Industrial Corporate Park PUD according to Section 3.2.A.36 of the PUD; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code, and 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 having considered the advisability of granting the request by Lighthouse Properties LLC for the permitted use. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: (1) The Zoning Vesificatim letter dated Mauch 21, 2012 is affinned; and (2) Martial arts instruction is a permitted use in the White Lake Industrial Corporate Park PUD, according to Section 3.2.A.36 of the PUD. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and majority vote, this day of .2012. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: V Heidi Ashton -Cicko Managing Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Attachment: Exhibit A — Zoning Verification letter dated March 21, 2012 CP \12 -CPS - 01165 \4 White Lake PUD / ZLTR- PL2012 -0661 Page 2 of 2 Rev, 5/18/12 March 21, 2012 R. Bruce Anderson, Esq. Roetzel &Andress, LPA 850 Park Shore Drive Naples, FL 34103 Re: Zoning Verification Letter ZLTR-PL-2012-M1; White Lake Martial Arts; 3626 and 3530 Plover Avenue, in Section 35, Township 49 South, Range 26 East, Collier County, Florida, Prop" ID/Folio No: 81790004500 & 81790004526. Dear Mr. Anderson: Thank you for your request for Zoning Verificatior received on March 15, 2012. The subject property is zoned Planned Unit Development (White Lake Industrial Corporate Park PUD) and is designated as Industrial on the Future Land Use Map of the Growth Management Plan (GMP). You requested verification of the use of a martial arts facility on the subject site, The Standard Industrial Classification (SIC) Manual does not include a code for a martial aft facility. It does, however, include the listing "Amusement and Recreation Services, Not Elsewhere Classified" (SIC Code 7999), This SIC Code includes the uses "judo instruction", "karate instruction" and "gymnastics instruction"; which are generally understood to be similar uses to martial arts instruction. This SIC Code is not listed as a permitted use within the White Lake Industrial Corporate Park PUD. However, the PUD permits "any other use, which is comparable in nature to the foregoing land uses as determined by the Collier County Planning Services Director" (Section 3.2.A.36 of the PUD). In consideration of the above, you state in your letter that martial arts instruction is educational and the PUD permits 'educational services" (SIC Codes 8243 — 8249). Those educational services include aviation schools, art schools and vocational schools: therefore, forms of education or instruction of students are permitted in the PUD. You also state that "physical fitness facilities" (SIC Code 7991) are permitted in the Industrial zoning district and are; therefore, comparable in nature to the uses in an industrial-format PUD. SIC Code 7991 includes the language 'establishments primarily engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other active physical fitness conditioning...". The phrase "active physical fitness conditioning" may generally be understood to include martial arts instruction. Therefore, based on the research and analysis above, it is the opinion of the Zoning Manager (successor -in- authority to the Planning Services Director) that the following land uses are comparable in nature to the permitted uses in Section 3.2.A of the White Lake Industrial 0 Oe"rvmnt of Land Development Services * 2800 North Horseshoe Orfin • Nson, FL 34104 •239. 252 -2400 • www.co#iergov.net Corporate Park PUD and are therefore permitted uses in the PUD. Martial Arts Instruction. Please note: according to the Office of the County Attorney, this determination must be affirmed by the Board of Zoning Appeals before becoming official. You will be notified when a hearing is scheduled and when advertising fees are due. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-4211 or fredreischl@colliergov.net. Researched and prepared by: Reviewed by: ,-7 Fr&416ischl, Aicp, Senior Planner Ray m 'd V. Bellows, Zoning Manager Land Development Services Land bevelopment Services Peggy Jarrell, Addressing Section Laurie Beard, commitment Tracking 17q Teresa L. Polaski From: Minutes and Records To: RodriguezWanda Subject: RE: Ad Request PL- 2012 - 0661 - Martial Arts in white lake industrial park Thanks, I will send the proof when we get it. From: RodriguezWanda [ mailto :WandaRodriguez @colliergov.net] Sent: Friday, May 25, 2012 9:00 AM To: Minutes and Records; Reischl, Fred Cc: Ashton, Heidi; Neet, Virginia; Bellows, Ray Subject: FW: Ad Request PL- 2012 - 0661 - Martial Arts in white lake industrial park The attached ad request is approved to run as submitted. Vi'andtz Rodr- igi.te?, -AC 11 _Advanced Certifieci Tarategal Ph071e: i23.Q� 252 -8400 fax: (23t)) -5- -6300 New address as of November 1 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples; FL 34112 -5749 From: AshtonHeidi Sent: Friday, May 25, 2012 8:40 AM To: RodriguezWanda Subject: RE: Ad Request PL- 2012 - 0661 - Martial Arts in white lake industrial park Yes. �fe[di r�al�aa - e�c(ao Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: RodriguezWanda Sent: Friday, May 25, 2012 8:36 AM To: AshtonHeidi Subject: RE: Ad Request PL -2012- 0661 - Martial Arts in white lake industrial park I understand your approval of the 10 day frame for this ad. Is the ad otherwise OK to proceed? Please let me know so I can advise the clerk's office, '141anr ,1a Rodriguez, .;'[CT _Adilanced Certified Taralegal phone: (230) 252-8400 61x: (239) ?52-(i300 1 17A New address as of November 1, 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E., Suite 800, Naples, FL 34112 -5749 ----------------------------------------------------------------- From: AshtonHeidi Sent: Friday, May 25, 2012 8:14 AM To: RodriguezWanda Subject: FW: Ad Request PL- 2012 - 0661 - Martial Arts in white lake industrial park geidl 45411ra. -ev-& Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 ------------------------------------------------------------------ From: AshtonHeidi Sent: Friday, May 25, 2012 8:13 AM To: NeetVirginia Cc: ReischlFred; KlatzkowJeff Subject: FW: Ad Request PL- 2012 - 0661 - Martial Arts in white lake industrial park Dinny, Please proceed per Bruce's direction. '�eia'i �fa.�rtoa - ecc�¢o Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: Anderson, Bruce [mailto:BAnderson(!'o)ralaw.com] Sent: Thursday, May 24, 2012 5:08 PM To: AshtonHeidi Cc: NeetVirginia; ReischlFred Subject: Re: Ad Request PL- 2012 - 0661 - Martial Arts in white lake industrial park Let's go with 10 days please. On May 24, 2012, at 4:53 PM, "AshtonHeidi" <HeidiAshton @colliergov.net> wrote: Do you want to go with the 10 day ad or 15 day add for the approval of the zoning verification letter? In the past, we used the 15 day ad because this is similar to an official interpretation. If we use the 15 day ad, staff can't make the 6/12/12 meeting. Please advise. �feldi r4�olitoa- eiclea Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 17 A From: NeetVirginia Sent: Thursday, May 24, 2012 4:50 PM To: AshtonHeidi Subject: RE: Ad Request PL- 2012 -0661 I believe it may be too late for the 6/12/12 meeting --------------------------------------------------------------- From: AshtonHeidi Sent: Thursday, May 24, 2012 4:49 PM To: NeetVirginia Subject: RE: Ad Request PL- 2012 -0661 Dinny, The OI ad requires 15 days. Since this is akin to the OI, it is best to use the 15 day ad. Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 ------------------------------------------------------------- From: NeetVirginia Sent: Thursday, May 24, 2012 4:46 PM To: AshtonHeidi Subject: RE: Ad Request PL- 2012 -0661 Over 15 From: AshtonHeidi Sent: Thursday, May 24, 2012 4:45 PM To: NeetVirginia Subject: RE: Ad Request PL- 2012 -0661 How many days before was the Baldridge ad? qe'4 '4dr. -C/ C& Heidi Ashton -Cicko Managing Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 (239) 252 -8400 From: NeetVirginia Sent: Thursday, May 24, 2012 4:28 PM To: AshtonHeidi Subject: FW: Ad Request PL- 2012 -0661 3 Is this far enough in advance —10 -days Dinny lJq From: ReischlFred Sent: Thursday, May 24, 2012 3:56 PM To: minutesandrecords C�)collierclerk.com Cc: BellowsRay; LorenzWilliam; Trish L. Morgan; NeetVirginia; RodriguezWanda Subject: Ad Request PL- 2012 -0661 Please process the attached and acknowledge receipt at your earliest convenience. Also please send confirmation for approval prior to processing. I have also attached the initialed resolution for your files. Thanks! Fred Fred Reischl, AICP Senior Planner Collier County Growth Management Division Phone: 239 - 252 -4211 Fax: 239 - 252 -2834 U'i de " m ? "icil Law , e r110 <.df . C.>„ Cis are C1t bHo records, rds_ If you do not "i"ant s ,: � C'3 'ind address re . a see in to 2 Pub is . X, rds t"egUe , , "" '1Ot see' -, 4 17A Acct. #068779 May 24, 2012 Attn: Legals Naples New Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: ZTLR- PL20120000661— White Lake Martial Arts Center Dear Legals: Please advertise the above referenced notice on Friday, June 1, 2012, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500131207 NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, June of County Commissioners meeting room, Third Center, 3299 East Tamiami Trail, Naples FL., Appeals (BZA) will consider the enactment of meeting will commence at 9:00 A.M. The title Resolution is as follows: 17A 12, 2012, in the Board Floor, Collier Government the Board of Zoning a Resolution. The of the proposed A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER ZLTR- PL2012- 0000661 APPROVING MARTIAL ARTS INSTRUCTION AS A PERMITTED USE IN THE WHITE LAKE INDUSTRIAL CORPORATE PARK PLANNED UNIT DEVELOPMENT. THE SUBJECT PROPERTY IS LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 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 4101, Naples, FL 34112 -5356, (239) 252- 17A 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 FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17q fou : df C61lier CLERK OF THE C RC�IT COURT Dwight E. Brock COLLIER COUNTY OUR OUSE Dwi g 3301 TAMIAMI AIL E ,\ST Clerk of Courts Clerk of Courts P.O. BOX 4 30. ` Accountant NAPLES, FLORIDA 4101 -3044 Auditor k if Custodian of County Funds May 24, 2012 Roetzel & Andress, LPA R. Bruce Anderson 850 Park Shore Drive Naples, Florida 34103 Re: Notice of Public Hearing to consider Petition ZLTR- 20120000661, White Lakes Martial Arts Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, June 12, 2012, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Friday, June 1, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy rk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk@collierclerk.com Teresa L. Polaski 17A To: Legals NDN (legals @naplesnews.com) Subject: ZLTR- PL20120000661, White Lakes Martial Arts Center Attachments: ZLTR- PL20120000661 (White Lakes Martial Arts Center 6- 12- 12).doc; ZLTR- PL20120000661 (White Lake Indust. Park 6- 12- 12).doc Legals, Please advertise the attached legal ad on Friday, June 1, 2012. Thanks Teresa L. Cannon, BMR Clerk III Minutes and Records Department 239 -252 -8411 239 - 252 -8408 fax Teresa. Polaski@collierclerk.com i Teresa L. Polaski From: ReischlFred <FredReischI @colIiergov.net> Sent: Friday, May 25, 2012 12:39 PM To: Teresa L. Polaski; Rodriguez, Wanda Subject: RE: Ad Confirmation Looks good! - - - -- Original Message---- - From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.coml Sent: Friday, May 25, 2012 12:07 PM To: RodriguezWanda; ReischlFred Subject: FW: Ad Confirmation Please review - - - -- Original Message---- - From: Green, Amy [mailto:AGreen @Naplesnews.coml Sent: Friday, May 25, 2012 10:31 AM To: Teresa L. Polaski Subject: Ad Confirmation Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 05/25/12 Publication NDN Account Number 744102 Ad Number 1951136 Total Ad Cost $254.22 Please visit us on the web at www.collierclerk.com 17q 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. Teresa L. Polaski From: Green, Amy <AGreen @Naplesnews.com> Sent: Friday, May 25, 2012 10:31 AM To: Teresa L. Polaski Subject: Ad Confirmation Attachments: UA5570 jpg Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 05/25/12 Publication NDN Account Number 744102 Ad Number 1951136 Total Ad Cost $254.22 1 17q NOTICE OF PUBLIC HEARING 17A Notice, is 1 -iereby given that on Tuesday, .June 12, 2012, in the Board of County Commissioners Meeting room, Third Floor, oilier Government Center, 3299 fast T iviiar i Trail, Naples Fly. t N Bo of Zoning .appeals L- will consider the enactment of a Resolution-, T The meeting wtil cornmence at 9.00 A.M. The title of the proposed Resolution is as follows: RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NL3.48ER 1LTR -1 L2012 -0G0 61 APPROVING MARTIAL ARTS INSTRUCTION AS A PERMITTED USE IN THE WHITE LAKE INDUSTRIAL CORPORATE FORK PLANNED UNIT DEVELOPMENT. ENT. THE SUBJECT PROPERTY IS LOCATED IN SECT ]ON 35, TOWNS141P 49 SOUTH, RANGE- 26 EAST, COLLIER COL)Nr�, FLORIDA, cope of the proposed Resolution is on file with the Clerk to the Beard and is available f t inspection All interested parties are invited tQ atte ad and be heard rNGTE: All persons wishing to speak on any a enda item must register kvith the County manager prior to presentation of t9e agenda item to be addressed. individual speaker %A,411 be limited to 3 minutes can any item. The selection of any individual to speak on behalf of an or=ganization or group is encouraged. f recognized by the Chairman, a spokesperson for a gToup or organization may_ be allotted 10 minutes es to speak on an item. Persons wishingto have vvrrtterr or graphic materials included in the Board agenda packets must submit said material a r rirrirn. un-r of 3 %veeks prig to the respective public hearing:, In any case,_ written materials intended to be considered by the beard shall be submitted to the a ,,propfiate County, staff a minimum of seven days prier to the pu li< l earing, All materials used in presentations before the Board vvill become! a permanent part of the record. Any person % -0-io decides to ap eal arty decision of the and will need a recota' of the proceedings pertaining thereto and therefore, may, need to ensure that a verbalim rebDrd of the proceedingS, is made, w icl-r record includes the lestimonyx and evidence upon which the appeal is lased. If you are a person wifl-) a disability who reeds any accommodation in order to participate in this pr ceedinj you are entitled, at no coq io you, to the provision of certain assistance. 'lease contact the Collier County Facilities Management ;epartment, located at 3335 Tamiarrri Trail East, Suite #lot, Naples,, FIL 34112 -5356, r 9 252.8390, at least two days prior to the meeting. Assisted listening devices I or- the hearing impaired are available in the Board of County, Commissioners Office. C-OARD OF COUNT"t COMMISSIONERS BOARD OF ZONJNG APPEALS COLLIER C UIJT ',f FLORIDA FRED W. CO LE CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha \ /ergara, Deputy Cleric (SEAL) June 1 2012 No> 1951136 17A Teresa L. Polaski From: RodriguezWanda <WandaRodriguez @colliergov.net> Sent: Friday, May 25, 2012 12:12 PM To: Teresa L. Polaski Cc: Reischl, Fred; Ashton, Heidi; Neet, Virginia Subject: FW: Ad Confirmation Attachments: UAS570 jpg OK to proceed. iv'midt -1 !Zodi-%Tuez, _qCl' Advanced Certified 1'ara .CegaC phone: (239) 252 - 8400 fax: (2-�g) 2,524 500 New address as of November 1 2010: Collier County Office of the County Attorney, 3299 Tamiami Tr. E.; Suite 800, Naples; FL 34112 -5749 - - - -- Original Message---- - From: Teresa L. Polaski (mai Ito: Teresa. Polaski a,collierclerk.coml Sent: Friday, May 25, 2012 12:07 PM To: RodriguezWanda; ReischlFred Subject: FW: Ad Confirmation Please review - - - -- Original Message---- - From: Green, Amy ( mailto:AGreenna,Naplesnews.coml Sent: Friday, May 25, 2012 10:31 AM To: Teresa L. Polaski Subject: Ad Confirmation Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 05/25/12 Publication NDN Account Number 744102 Ad Number 1951136 Total Ad Cost $254.22 Please visit us on the web at www.collierclerk.com 1 Teresa L. Polaski To: Green, Amy Subject: RE: Ad Confirmation Looks good, ok to run! - - - -- Original Message---- - From: Green, Amy jmailto:AGreen @Naplesnews.coml Sent: Friday, May 25, 2012 10:31 AM To: Teresa L. Polaski Subject: Ad Confirmation Please provide approval ASAP for publication. Thank You, Naples News Legals Thank you for placing your ad. Date 05/25/12 Publication NDN Account Number 744102 Ad Number 1951136 Total Ad Cost $254.22 1 17A Martha S. Vergara From: Naples Daily News <naplesnews @clicknbuy.com> Sent: Thursday, May 31, 2012 11:09 PM To: Martha S. Vergara Subject: Thank you for placing your classified advertisement. Ad # 1951136 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, June 12, 2012, 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 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 ZLTR- PL2012- 0000661 APPROVING MARTIAL ARTS INSTRUCTION AS A PERMITTED USE IN THE WHITE LAKE INDUSTRIAL CORPORATE PARK PLANNED UNIT DEVELOPMENT. THE SUBJECT PROPERTY IS LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 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 FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) June 1, 2012 No. 1951136 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos 17A 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 4500131207 59690744 NOTICE OF PUBLIC HEA State of Florida Counties of Collier and Lee Before the undersigned authority, personally appeared Barbara Boyer, says that she serves as the Sales Coordinator, of the Naples Daily r--- NOTICE OF PUBLIC HEARING daily newspaper published at Naples, in Col" is hereby given that on Tuesday, June 12, 2012, in the Board of County Count Florida distributed In Collier Commissioners meeting room, Third Floor, Collier Appeals Center, 3299 East consider the County, enactment rof aNResolution.t The Bmeeti g will commence at 9:00 A.M. The title of and Lee counties of the proposed Resolution is as follows: Florida; that the attached copy of advertis: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, published In said newspaper on dates listed FLORIDA, RELATING TO PETITION NUMBER ZLTR -USE I- 0000661 APPROVING P MARTIAL ARTS INSTRUCTION AS A PERMITTED USE IN THE WHITE LAKE INDUSTRIAL CORPORATE PARK PLANNED UNIT DEVELOPMENT. THE SUBJECT Af f iant further says that the said Naples PROPERTY' IS LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, News is a newspaper published at Naples, in COLLIER COUNTY,FLORIDA. A copy of the proposed Resol ion is on file with the Clerk to the Board and is Collier County, Florida, and that the said available for inspection. Allinteretedpartiesareinvitedtoatte dandbehe with newspaper has heretofore been continuously NOTE: All persons wishing to speak on any agenda item must register with the Count manager prior to presentation of the agenda item to be addressed. day and has been entered as second class ma: ndivi ual speakers will be limited to 3 minutes on any item. The selection of any If individual to speak on behalf of an organization or group is encouraged. matter at the post office in Naples In sal( recognized b the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Collier County, Florida, for a period of 1 y P J Persons ackets have written materials included in herres agenda next preceding the first publication of the packets hearing. In any case, written materials intended to be considered by the attached copy of advertisement; and affiant Pnordto tshall he public hearing. the All materriialstueduinypresentations minimum before the Board further says that he has neither paid nor will become a permanent part of the record. promised any person, firm or corporation and the proceednh� pertaining decision of the p 9 discount, rebate, commission or refund for t verbatim record of the proceedinagss based. de, which, record includes the testimony and evidence upon which the appeal purpose of securing this advertisement for If you are a person with disability who needs any accommodation in order to publication in the said newspaper. of certain m this ce.. Pleas you are etheleColler County LOFacilities Manegem nt Department certain assistance., Please contact. (2 52 8380 at leagt3two Tamiami to the meeting 01Ass Assisted listening devices PUBLISHED ON: 06/01 for the hearing impaired are available in the Board of county commissioners Office. BOARD OF COUNTY STONERS BOARD OF ZONING A PEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) N°. 1951 ]36 AD SPACE: 84 LINE FILED ON: 06/01/12 ---------------------------------- Signature of A %jai —,— Sworn to and Subscribed before me is day of 20 �- Personally known by me I CRYSTAL G. JONES MY COMMISSION # DD 881614 ., EXPIRES: June 27, 2013 lic Underwriters Bonded Thru Notary ORIGINAL DOCUMENTS CHECKLIST & ROl TO ACCOMPANY ALL ORIGINAL DOCUMENTS THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR! ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the docui exception of the Chairman's signature, draw a line through routing lines #I through #4, complete the checklist, and forward G SLIP 'TO IGNATURE MPOPOPWOUNWAMMOW J?A nt is already complete with the Sue Filson (line #5). Route to Addressee(s) List in routing order Office Initi is Date 1. Judy Puig GMD Planning & Regulation/Operations Applicable) Agenda Date Item was 131 col Z 2. 17.A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed 3. Type of Document Resolution OZ a Lo ` r '-C Number of Original 1 4. resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners 1 it 6. Minutes and Records Clerk of Court's Office 2. All handwritten strike - through and revisions have been initialed by the County Attorney's PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the pe n who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to con act staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after 1 he BCC has acted to approve the item.) Name of Primary Staff Fred Reischl Phone Number 252 -4211 Contact avorovriate. Initial) Applicable) Agenda Date Item was June 12, 2012 Agenda Item Number 17.A Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Resolution OZ a Lo ` r '-C Number of Original 1 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised .24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not avorovriate. Initial) Applicable) 1. 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 possibly State Officials.) 2. 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 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC 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 of your deadlines! 6. The document was approved by the BCC on 6/12/2012 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised .24.05 17A MEMORANDUM Date: June 15, 2012 To: Fred Reischl, Senior Planner Comprehensive Planning Department From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Resolution 2012 - 104 /ZLTR- PL2012 -0661 White Lake PUD Attached for your records is a copy of the Resolution reference above, (Item #17A) adopted by Collier County's Board of County Commissioners on June 12, 2012. If you have any questions, please call me at 252 -8411. Thank you. Attachment 17A RESOLUTION NO. 12- 10 4 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER ZTLR- PL2012- 0000661 APPROVING MARTIAL ARTS INSTRUCTION AS A PERMITTED USE IN THE WHITE LAKE INDUSTRIAL CORPORATE PARK PLANNED UNIT DEVELOPMENT. THE SUBJECT PROPERTY IS LOCATED IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 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 rezoning of land to Planned Unit Development (PUD); and WHEREAS, on October 23, 2001 by Ordinance No. 2001 -59, the Board of County Commissioners of Collier County approved a PUD known as the White Lake Industrial Corporate Park Planned Unit Development ( "PUD ") for the subject property; and WHEREAS, Section 3.2.A of the PUD provides for certain permitted uses, including Subsection 3.2.A.36, "any other use, which is comparable in nature to the foregoing land uses as determined by the Collier County Planning Services Director"; and WHEREAS, the Petitioner, R. Bruce Anderson, Esquire of Roetzel & Andress, PA, on behalf of the property owner, Lighthouse Properties, LLC, requested a determination that "martial arts instruction" is "comparable in nature" to the permitted uses in the PUD; and WHEREAS, the PUD permits "educational services"; and WHEREAS, "physical fitness facilities" are permitted in the Industrial zoning district; and WHEREAS, the subject property is in the Industrial Development Area of the PUD; and WHEREAS, the Zoning Manager (successor to the Planning Services Director) determined that "martial arts instruction" is a permitted use in the PUD by Zoning Verification letter dated March 21, 2012 attached as Exhibit "A"; and White Lake PUD / ZLTR- PL2012 -0661 Page 1 of 2 Rev. 5/18/12 17q WHEREAS, the Petitioner requests an affirmation of the Zoning Manager's determination by the Board of Zoning Appeals that "martial arts instruction" is a permitted use in the White Lake Industrial Corporate Park PUD according to Section 3.2.A.36 of the PUD; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and 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 having considered the advisability of granting the request by Lighthouse Properties LLC for the permitted use. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: (1) The Zoning Verification letter dated March 21, 2012 is affirmed; and (2) Martial arts instruction is a permitted use in the White Lake Industrial Corporate Park PUD, according to Section 3.2.A.36 of the PUD. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this l . 41 This Resolution adopted after motion, second and majority vote, this I 4. day of 1- This , 2012. ATTEST: DWIGHT E. BROCK, CLERK r y tt - Ali �� y Clerk 4,,.. Ap*y" e,,4' ' and legal sufficiency: � IL� -7. �,.� Heidi Ashton -Cicko Managing Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: GG FRED W. COYLE, Chairmttrl Attachment: Exhibit A — Zoning Verification letter dated March 21, 2012 CP \12- CPS - 01165 \4 White Lake PUD / ZLTR- PL2012 -0661 Page 2 of 2 Rev. 5/18/12 Item # 1!2 A- Agenda l ( Z Date Date Z Rec'd _ Deputy Clerk Co �e-r �ouHty G 17A mwth Management Division Planning & Regulation Land Development Services March 21, 2012 R. Bruce Anderson, Esq. Roetzel & Andress, LPA 850 Park Shore Drive Naples, FL 34103 Re: Zoning Verification Letter ZLTR -PL- 2012 -0661; White Lake Martial Arts: 3526 and 3530 Plover Avenue; in Section 35, Township 49 South, Range 26 East, Collier County, Florida. Property ID /Folio No: 81790004500 & 81790004526. Dear Mr. Anderson: Thank you for your request for Zoning Verification received on March 15, 2012. The subject property is zoned Planned Unit Development (White Lake Industrial Corporate Park PUD) and is designated as Industrial on the Future Land Use Map of the Growth Management Plan (GMP). You requested verification of the use of a martial arts facility on the subject site. The Standard Industrial Classification (SIC) Manual does not include a code for a martial arts facility. It does, however, include the listing "Amusement and Recreation Services. Not Elsewhere Classified" (SIC Code 7999). This SIC Code includes the uses "judo instruction ", "karate instruction" and "gymnastics instruction "; which are generally understood to be similar uses to martial arts instruction. This SIC Code is not listed as a permitted use within the White Lake Industrial Corporate Park PUD. However, the PUD permits "any other use, which is comparable in nature to the foregoing land uses as determined by the Collier County Planning Services Director" (Section 3.2.A.36 of the PUD). In consideration of the above, you state in your letter that martial arts instruction is educational and the PUD permits "educational services" (SIC Codes 8243 — 8249). Those educational services include aviation schools, art schools and vocational schools; therefore, forms of education or instruction of students are permitted in the PUD. You also state that "physical fitness facilities" (SIC Code 7991) are permitted in the Industrial zoning district and are; therefore, comparable in nature to the uses in an industrial- format PUD. SIC Code 7991 includes the language "establishments primarily engaged in operating reducing and other health clubs, spas, and similar facilities featuring exercise and other active physical fitness conditioning... ". The phrase "active physical fitness conditioning" may generally be understood to include martial arts instruction. Therefore, based on the research and analysis above, it is the opinion of the oning Manager (successor -in- authority to the Planning Services Director) that the following land uses are comparable in nature to the permitted uses in Section 32A of the White Lake Industrial Q Department of Land Development Services a 2800 North Horseshoe Drive a Naples, FL 34104 • 239 - 252 -2400 • www,colliergov.net ibit A i�a Corporate Park PUD and are therefore permitted uses in the PUD: Martial Arts Instruction. Please note: according to the Office of the County Attorney, this determination must be affirmed by the Board of Zoning Appeals before becoming official. You will be notified when a hearing is scheduled and when advertising fees are due. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code and /or Growth Management Plan in effect as of this date. It is possible that subsequent amendment(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of adequate public facilities, environmental impact, and other requirements of the Collier County Land Development Code or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252 -4211 or fredreischl @colliergov.net. Researched and prepared by: Fred Reischl, AICP, Senior Planner Land Development Services cc Peggy Jarrell, Addressing Section Laurie Beard Commitment Tracking Reviewed by: it Raymond V. Bellows, Zoning Manager Land Development Services