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Backup Documents 12/11-12/2012 Item #17B 178 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 Senior Planner Date:November 15,2012 Petition No.(If none,give a brief description): PL20120002570 Petitioner:(Name&Address):Randy Johns; Phoenix Associates of South Florida, Inc.;2590 Northbrooke Plaza Drive;Suite 308; Naples,FL,34119 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: 12/11/2012 (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.4500140024 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: Date: Division Administrator 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 ^� Date Received 11 / 'c-1/O. Date of Public Hearing 12-/ II I'Z Date Advertised I I I 1 ' Z—' 176 Teresa L. Cannon From: ReischlFred <FredReischl @colliergov.net> Sent: Thursday, November 15, 2012 9:07 AM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Neet, Virginia; Rodriguez, Wanda;Wells, Laura Subject: Ad Request PL20120002570 Goodlette Corners Attachments: PL20120002570 Goodlette Corners Ad Request.docx Please process the attached and acknowledge receipt at your earliest convenience.Also please send confirmation for approval prior to processing. Thanks- Fred Fred Reischl, AICP Senior Planner Planning & Zoning Department Phone: 239-252-4211 Fax: 239-252-2834 r der Florida La , c rnar,adiresses are public rer ord If you do not want your c taail address r .eased in response to a pubic records request,do not send u. ;tr.>n c mail to tb s entity, ,stead,contact this office by telephone or in writing:. 1 178 NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, December 11, 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 Ordinance is as follows: ORDINANCE No. Recommendation to consider a Resolution of the Board of Zoning Appeals of Collier County, Florida determining that Animal Specialty Services— Pet Grooming Only is a comparable and compatible land use to other permitted uses, and therefore, is a permitted use within the Goodlette Corners PUD, as authorized in Section 3.3 of Ordinance 04-40. The subject property is located in Section 15, Township 49 South, Range 25 East, Collier County, Florida. 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 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 FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk (SEAL) 178 Acct #068779 November 15, 2012 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Amending Ordinance 2004-40; Goodlette Corners PUD Dear Legals: Please advertise the above referenced notice on Wednesday, November 21, 2012, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500140024 17B NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, December 11, 2012 , in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, as the Board of Zoning Appeals, 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 DETERMINING THAT ANIMAL SPECIALTY SERVICES - PET GROOMING ONLY IS A COMPARABLE AND COMPATIBLE LAND USE TO OTHER PERMITTED USES, AND THEREFORE, IS A PERMITTED USE WITHIN THE GOODLETTE CORNERS PUD, AS AUTHORIZED IN SECTION 3 .3 OF ORDINANCE 04-40 . THE SUBJECT PROPERTY IS LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Copies of the proposed Resolution are on file with the Clerk to the Board and are 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 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 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 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 contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112 , 17B BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) 17 B w*,of` llier CLERK OF THE CJRC IT COURT Dwight E. Brock COLLIER COUNTY COUR rUSE g 3301 TAMIAMI AIL ET Clerk of Courts Clerk of Courts P.O. BOX 43044 Accountant NAPLES, FLORID4101-3044 Auditor A' Custodian of County Funds November 15, 2012 Randy Johns Phoenix Associates of South Florida, Inc. 2590 Northbrooke Plaza Drive Suite 308 Naples, FL 34119 Re: Amending Ordinance No. 2004-40: Goodlette Corners PUD Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, December 11, 2012, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, November 21, 2012. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teresa Cannon, Deputy Clerk Enclosure Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com 1713 Teresa L. Cannon To: Legals NDN (legals @naplesnews.com) Subject: Amending Ord. 04-40, Goodlette Corners PUD Attachments: Amending 04-40.doc;Amending 04-40.doc Legals, Please advertise the attached legal ad on Wednesday, November 21, 2012. Thanks Teresa L. Cannon, BMR Clerk III Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 NOTICE OF INTENT TO CONSIDER RESOLUTION 17 B Notice is hereby given that on Tuesday, December 11, 2012, in the Boardroom, 3rd Floor, Administration Building, Col her County Government Center, 3299 East Tamiarni Trail, Naples, Florida, the Board of County Commissioners, as the Board of Zoning Appeals, 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 follovvs: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY. FLORIDA DETERMINING THAI ANIMAL SPECIALTY SERVICES - PET GROOMING ONLY IS A COMPARABLE AND COMPATIBLE LAND USE TO OTHER PERMITTED USES, AND THEREFORE, IS A PERMITTED USE WITHIN THE GOODLETTE CORNERS PUD, AS AUTHORIZED IN SECTION 3.3 OF ORDINANCE 04-40. THE SUBJECT PROPERTY 15 LOCATED IN SECTION 15 TOWNSHIP 49 SOUTH, RANGE 25 EAST COWER COUNTY, FLORIDA. Copies of the proposed Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard NOTE Al! persons wishing t speak on any agenda item must register vvith 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 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 subrivited 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 ...vial a disability who needs any accommodation in order to i 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, Building W, tlaples, 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 FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) November 21, 2012 No 1968772 178 Teresa L. Cannon From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Friday, November 16, 2012 2:13 PM To: Teresa L. Cannon Cc: Reischl, Fred;Ashton, Heidi; Bonham, Gail Subject: RE:Ad Confirmation The title is incorrect: The correct title is below. A Resolution of the Board of Zoning Appeals of Collier County, Florida determining that Animal Specialty Services- Pet Grooming Only is a comparable and compatible use within the Commercial Areas of the Goodlette Corners PUD as authorized in Section 3.3 of Ordinance 04-40.The subject property is located in Section 15, Township 49 South, Range 25 East, Collier County, Florida. Dinny Original Message From:Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Thursday, November 15, 2012 4:22 PM To: NeetVirginia; ReischlFred Subject: FW: Ad Confirmation Please review and ok asap.Thanks Original Message From: Polidora, Carol [mailto:CPawlinski @naplesnews.com] Sent: Thursday, November 15, 2012 4:20 PM To:Teresa L. Cannon Subject: Ad Confirmation Please provide approval ASAP for publication on 11.21.12. Thank you, Carol Polidora Legal Advertising Specialist 239-263-4871 legals @naplesnews.com Thank you for placing your ad. Date 11/15/12 Publication NDN Account Number 744102 Ad Number 1968772 Total Ad Cost $264.54 Please visit us on the web at www.collierclerk.com 1 17B NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, December 11, 2012 , in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, as the Board of Zoning Appeals, 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 DETERMINING THAT ANIMAL SPECIALTY SERVICES - PET GROOMING ONLY IS A COMPARABLE AND COMPATIBLE USE WITHIN THE COMMERCIAL AREAS OF THE GOODLETTE CORNERS PUD AS AUTHORIZED IN SECTION 3 . 3 OF ORDINANCE 04-40 . THE SUBJECT PROPERTY IS LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Copies of the proposed Resolution are on file with the Clerk to the Board and are 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 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 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 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 contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112 , (239) 252-8380 . Assisted listening devices for the hearing impaired are available in the County Commissioners' Office . I 17B BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) 17B Teresa L. Cannon From: Polidora, Carol <CPawlinski @naplesnews.com> Sent: Friday, November 16, 2012 2:51 PM To: Teresa L. Cannon Subject: REVISED -Ad Confirmation Attachments: UAS7E03 jpg Importance: High Teresa, Here is the revised proof with the new title. Thanks! Carol Polidora Legal Advertising Specialist Naples Daily News 239-263-4871 legals@naplesnews.com Thank you for placing your ad. Date 11/16/12 Publication NDN Account Number 508751 Ad Number 1968770 Total Ad Cost $243.90 1 178 Teresa L. Cannon From: Polidora, Carol <CPawlinski @naplesnews.com> Sent: Friday, November 16, 2012 3:08 PM To: Teresa L. Cannon Subject: REVISED - Ad Confirmation Attachments: UAS7E20jpg Importance: High Teresa, This is the revised for the Pet Groom, now attached to the right ad number on our end. Please let me know this is okay to go... Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 239-263-4871 legals@naplesnews.com Thank you for placing your ad. Date 11/16/12 Publication NDN Account Number 744102 Ad Number 1968772 Total Ad Cost $259.38 1 NOTICE OF INTENT TO CONSIDER RESOLUTION 17 B Notice is hereby given that on Tuesday, December 11, 2012, Irt the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiarni Trail, Naples, Florida, the Board of County Commissioner , as the Board of Zoning Appeals, will corisider the enactment of a County Resolution. The meeting will commence at 9:00 AM. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA DETERMINING THAT ANIMAL SPECIALTY SERVICES - PET GROOMING ONLY IS A COMPARABLE AND COMPATIBLE USE WITHIN THE COMMERCIAL AREAS OF THE GOODLETTE CORNERS PUD AS AUTHORIZED IN SECTION 3.3 OF ORDINANCE 04.40. THE SUBJECT PROPERTY IS LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAS I, COWER COUNTY, FLORIDA. Copies of the proposed Resolution are on file with the Clerk to the Board and are 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 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 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 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 proceedirig, you are entitled, at no cost to you, to the provision of certain asistance. Please contact the Collier County Facilities IVIanagemeni Department, located at 3335 Tamiami Trail East, Suite 4101, 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 FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) November 21, 2012 No, 1968772 178 Teresa L. Cannon From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Friday, November 16, 2012 3:03 PM To: Teresa L. Cannon Subject: FW: REVISED - Ad Confirmation - Goodlette Corners PUD See Below!! Original Message From: BonhamGail Sent: Friday, November 16, 2012 3:00 PM To: NeetVirginia Cc: AshtonHeidi Subject: RE: REVISED-Ad Confirmation Looks good! Gail Bonham Gail Bonham, Legal Secretary to Heidi Ashton-Cicko, Managing Assistant County Attorney Emily R. Pepin,Assistant County Attorney Office of the County Attorney 3299 East Tamiami Trail, Suite 800 Naples, Florida 34112 Telephone -239.252.8400 gailbonham @colliergov.net PREPARED IN ANTICIPATION OF LITIGATION, REFLECTS THE MENTAL IMPRESSIONS, LITIGATION STRATEGIES AND LEGAL THEORIES OF THE UNDERSIGNED ATTORNEY AND IS EXEMPT FROM PUBLIC RECORDS DISCLOSURE PURSUANT TO § 119.071(1)(d), FLA. STAT. THIS MESSAGE IS INTENDED FOR THE RECIPIENT ONLY. IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY. USE OR DISSEMINATION BY ANY PERSON OTHER THAN THE INTENDED RECIPIENT IS STRICTLY PROHIBITED. Original Message From: NeetVirginia Sent: Friday, November 16, 2012 2:57 PM To: BonhamGail Cc: AshtonHeidi Subject: FW: REVISED-Ad Confirmation Importance: High Please OK Original Message From:Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com] Sent: Friday, November 16, 2012 2:57 PM To: NeetVirginia Subject: FW: REVISED-Ad Confirmation Importance: High 1 Teresa L. Cannon 17 8 To: Polidora, Carol Subject: RE: REVISED - Ad Confirmation Looks good, ok to run.Thanks Original Message From: Polidora, Carol [mailto:CPawlinski @naplesnews.com] Sent: Friday, November 16, 2012 3:08 PM To:Teresa L. Cannon Subject: REVISED-Ad Confirmation Importance: High Teresa, This is the revised for the Pet Groom, now attached to the right ad number on our end. Please let me know this is okay to go... Thanks! Carol Carol Polidora Legal Advertising Specialist Naples Daily News 239-263-4871 legals@naplesnews.com Thank you for placing your ad. Date 11/16/12 Publication NDN Account Number 744102 Ad Number 1968772 Total Ad Cost $259.38 1 Teresa L. Cannon 17B From: Martha S.Vergara Sent: Monday, November 26, 2012 8:23 AM To: Teresa L. Cannon Subject: FW: Thank you for placing your classified advertisement. From: Naples Daily News [mailto:naplesnews @clicknbuv.com] Sent: Wednesday, November 21, 2012 12:09 PM To: Martha S. Vergara Subject: Thank you for placing your classified advertisement. Ad# 1968772 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday, December 11, 2012 , in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail,Naples, Florida, the Board of County Commissioners, as the Board of Zoning Appeals, 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 DETERMINING THAT ANIMAL SPECIALTY SERVICES PET GROOMING ONLY IS A COMPARABLE AND COMPATIBLE USE WITHIN THE COMMERCIAL AREAS OF THE GOODLETTE CORNERS PUD AS AUTHORIZED IN SECTION 3.3 OF ORDINANCE 04-40. THE SUBJECT PROPERTY IS LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Copies of the proposed Resolution are on file with the Clerk to the Board and are 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 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 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 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 contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, 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 FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL)November 21, 2012 1 M.ra Naples Daily News .. Naples, FL 34110 Affidavit of Publication 17B Naples Daily News BCC/ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 REFERENCE: 068779 59703993 NOTICE OF INTENT TO NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that on Tuesday,December 11,2012,in the Boardroom,3rd •State of Florida Floor; Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida,the Board of County Commissioners,as the Board of Counties of Collier and Lee Zoning Appeals, en els,will A.M.dTh title enactment of a County lu onisasionl The meeting will commence at 9:00 A.M The title of the proposed Resolution is as follows: Before the undersigned authority, personal A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, g Y r P FLORIDA DETERMINING THAT ANIMAL SPECIALTY SERVICES - PET GROOMING appeared Lynn Schneider, says that she serve ONLY ISACOMPARABLEANDCOMPATIBLEUSEWITHINTHECOMMERCIALAREAS Y OF THE GOODLETTE CORNERS PUD A,S AUTHORIZED IN-SECTION 3.3 OF the Order Entry Data Specialist, of the Napl' ORDINAN THCE044 25EASTBJECTPOPERYISLOATE IN SECTION 15,TOWNSHIP Daily News, a daily newspaper published at N. Copies of the poposed Resolution are on file with the Clerk to the Board and are in Collier County, Florida: distributed in C, available for inspection. All interested parties are invited to attend and be heard. • and Lee counties of Florida; that the attach 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. copy of advertising was published in said Individual speakers will be limite to 3 minutes on any item. The selection of an individual to speak on behalf df an organization or group is encouraged. If newspaper on dates listed. recognized by the Chairman, a s okesperson for a group or organization may be allotted 10 minutes to speak on an em. Affiant further says that the said Naples Persons wishing to have written gr graphic materials included in the Board agenda News is a newspaper published at Naples, In packets must submit said msateridl a minimum of 3 weeks prior to the resppective public hearing. In any case, written materials intended to be considered by the Collier County, Florida, nd that the said prior to shall the be submitted ear to the All maeral appropriate County staff a minimum t oe seven days r public hearing. All material used in presentations before the Board newspaper has heretofore been continuously will becomeapermanentpart oftherecord. Any person who decides to appeal a decision of the Board will need a record of the day and has been entered as second class mai proceedings pertaining thereto and therefore, may need to ensure that a verbatim matter at the post office in Naples, in said record ofpon hichtheappealisbased,which record includes the testimony and , evidence u on which the a Collier County, Florida, for a period of 1 y 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 next preceding the first publication of the of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, attached copy of advertisement; and affiant Florida 34112, (239) 252-8380. Aysisted listening devices for the hearing impaired further says that he has neither paid nor are available in the County Commissioners'Office. BOARD OF COUNTY COMMISSIONERS promised any person, firm or corporation any BOARDOFZONINGAPPEALS COLLIER COUNTY,FLORIDA discount, rebate, commission or refund for t FRED W.COYLE,CHAIRMAN purpose of securing this advertisement for DWIGHT E.BROCK,CLERK publication in the said newspaper. By:Teresa Cannon,Deputy Clerk (SEAL) November 21 2012 No 1968772 PUBLISHED ON: 11/21 AD SPACE: 82 LINE FILED ON: 11/21/12 Signature of Affiant 41,- Sworn to and Subscribed 4fore me Alk.j114 e, �y of , , LV e1 / Personally known by me ` C -. Ci C_,k_ ' CAROL POLIDORA * ,t :1, MY COMMISSION#EE 851758 NII� -`+�-a- EXPIRES:November 28,2014 1, ;,ps Bonded Thru Pichard Insurance Agency ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP? B TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The co>Inpleted routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to BCC Office(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 0 C,e.n 4-1-1-15-1✓ dept ' 5 BCC Office Board of County Commissioners 1-2412i 12. 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Fred Reischl Phone Number 252-4211 Contact Agenda Date Item was December 11,2012 Agenda Item Number 17.B. Approved by the BCC Type of Document Resolution Number of Original 1 Attached ar)t�' Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. 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, TX' 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 f,P 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 id() 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 the BCC office within 24 hours of BCC approval. Some documents ff 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 BZA December 11,2012 and all changes made during the meeting have been incorporated in the attached document.The County fk Attorney's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 11 178 MEMORANDUM Date: December 13, 2012 To: Fred Reischl, Principal Planner Comprehensive Planning - GMD From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2012-254: Finding and permitting animal specialty services (strictly limited to pet grooming) as a comparable and compatible land use within the Goodlette Corners PUD Attached for your records is a copy of the document referenced above, (Item #17A) adopted by the Board of County Commissioners on December 11, 2012. The Minutes and Record's Department has held the original resolution for the Board's Official Record. If you have any questions, please feel free to call me at 252-8406. Thank you. Attachment 17B RESOLUTION NO. 12-?4 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA DETERMINING THAT ANIMAL SPECIALTY SERVICES - PET GROOMING ONLY IS A COMPARABLE AND COMPATIBLE USE WITHIN THE COMMERCIAL AREAS OF THE GOODLETTE CORNERS PUD AS AUTHORIZED IN SECTION 3.3 OF ORDINANCE 04-40. THE SUBJECT PROPERTY IS LOCATED IN SECTION 15, TOWNSHIP 49 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 rezoning of land to Planned Unit Development(PUD);and WHEREAS, on June 22, 2004, by Ordinance 04-40, the Board of County Commissioners of Collier County approved a Planned Unit Development (PUD) known as the Goodlette Corners PUD for the subject property; and WHEREAS, Section 3.3A of the Goodlette Corners PUD provides for certain permitted uses, including Subsection 3.3.A.31, "any other uses that are comparable in nature with the foregoing uses and are consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals";and WHEREAS, Randy Johns of Phoenix Associates of South Florida, Inc., on behalf of the applicant, Cecilia E. Valera,requested a determination as to the property described in Exhibit"A"that a pet grooming facility is a comparable and compatible use to the permitted uses of the Commercial Areas of the PUD;and WHEREAS, the PUD permits "veterinary services for household pets only(SIC code 0742)" uses;and WHEREAS,the Growth Management staff has opined that a pet grooming facility is a permitted use in the PUD, subject to BZA approval, by Zoning Verification letter dated November 7, 2012, attached as Exhibit"B";and WHEREAS, applicant, Cecilia E. Valera, requests an affirmation of staff's determination by the Board of Zoning Appeals that a pet grooming facility is a comparable and compatible use within the Commercial Areas of the Goodlette Corners PUD according to Section 3.3.A.31 of the PUD; and Goodlette Corners PUD 1 of 2 ZLTR-PL20120002570- 11/15/12 17B WHEREAS, the Board of Zoning Appeals 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 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 granting the request by applicant, Cecilia E. Valera as stated herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY,FLORIDA,that as to the property described in Exhibit"A": The Zoning Verification letter dated November 7,2012 is affirmed; and a pet grooming facility is a comparable and compatible use within the Commercial Areas of the Goodlette Corners PUD. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this I i day of bcCfr-06 , 2012. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLO' 11 A B ° 8:or I • ° Deputy Clerk RED W. COYLE, Chai attest as „, Approved td form and legal sufficiency: 00 t1 A ()(0 {rte i,v Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A—Legal Description Exhibit B—Zoning Verification Letter 12-CPS-01198\4 Goodlette Corners PUD 2 of 2 ZLTR-PL20120002570- 11/15/12 176 • • LEGAL DESCRIPTION • EXHIBIT 'As " THE EAST 1/2 OF THE EAST 1/2 OF LOT 51, NAPLES IMPROVEMENT.COMPANYS LITTLE FARMS ACCORDING TO A MAP • OR PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, EXCEPTING THE EAST 125 FEET THEREOF FOR ONE—HALF OF A RIGHT—OF—WAY AND A GRAVE PLOT DESCRIBED IN OFFICIAL RECORD BOOK 343, • PAGE 688, • AND • • LOTS 1 THRU 9, PRESQUE ISLE, ACCORDING TO PLAT THEREOF • RECORDED IN PLAT BOOK 4, PAGE 48, OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA, LESS THE NORTH 15 FEET • • THEREOF, • AND THE NORTH 105 FEET OF THE EAST 125 FEET OF THE WEST HALF OF LOT 51, LESS THE NORTH 15 FEET OF ROAD RIGHT—OF—WAY, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, PER PLAT IN PLAT BOOK 2, PAGE 21, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. AND THE MIDDLE 105 FEET OF THE EAST 125 FEET OF THE WEST HALF OF LOT 51, NAPLES IMPROVEMENT COMPANY'S LITTLE FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 21, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS A PORTION OF NAPLES IMPROVEMENT CO'S LITTLE FARMS IN PLAT BOOK 2, PAGE 2 OF THE PUBUC RECORDS OF COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBE AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF LOT 12 OF SORRENTO GARDENS UNIT No. 3, ACCORDING TO PLAT BOOK 6, PAGE 38 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA; THENCE • RUN SOUTH 89'47'07" WEST FOR A DISTANCE OF 1,199.83 FEET; • THENCE RUN NORTH 00'06'57" EAST FOR A DISTANCE OF 105.53 FEET; THENCE RUN SOUTH 89'47'23" WEST FOR A DISTANCE OF 125.00 FEET; THENCE RUN NORTH 00'06'57" EAST • FOR A DISTANCE OF 196.08 FEET; THENCE RUN NORTH 89'47'28" EAST FOR A DISTANCE OF 1,310.24 FEET; THENCE RUN SOUTH 5(100'24" EAST FOR A DISTANCE OF 19.66 FEET; THENCE RUN SOUTH 0012'51" WEST FOR A DISTANCE OF 10.39 FEET; THENCE RUN SOUTH 89.49'03" WEST FOR A DISTANCE OF 15.00 FEET; THENCE RUN SOUTH 0012'51" WEST FOR A DISTANCE OF 60.00 FEET; THENCE RUN NORTH 89'49'03" EAST FOR A DISTANCE OF 15.00 FEET; THENCE RUN SOUTH 0012'51" WEST FOR A DISTANCE OF 218.40 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 8.847 ACRES, MORE OR LESS. coIP__ _____._._____coH..ty 178____ _....„.....„...... Growth Management Division Planning & Zoning Department November 7, 2012 Randy Johns Phoenix Associates of South Florida, Inc. 2590 Northbrooke Plaza Drive, Suite 308 Naples, FL 34119 Re: Zoning Verification Letter ZLTR-PL20120002570; Goodlette Corners PUD, Collier County, Florida. Dear Mr. Johns: Thank you for your request for Zoning Verification received on October 29, 2012. The subject property is zoned Planned Unit Development (Goodlette Corners PUD), Ordinance No. 04-40. You requested verification of the use of Animal Specialty services — Pet Grooming Only in the subject PUD. The PUD does not list pet grooming as a permitted use; however, Section 3.3.A.31 of the PUD does permit any other uses that are comparable in nature with the foregoing uses and are consistent with the permitted uses and purpose and intent statement of this PUD, as determined by the Board of Zoning Appeals". A dog grooming facility is identified as SIC Code 0752 under the general use tegory of Animal Specialty Services, Except Veterinary. This use group permits animal helters, artificial insemination services, honey straining and horse training services, among thers. However, your request is to limit the permitted use to Animal Specialty Services— Pet Gr oming Only. SIC Code 0752 is not specifically listed as a permitted use in the Goodlette Corners PUD. However, staff notes that the PUD permits Veterinary Services —Household Pets Only, which is identified as SIC Code 0742. Staff notes that the proposed use of Animal Specialty Services— Pet Grooming Only is similar to the Veterinary Services — Household Pets Only use since the treatment of pets and the grooming of pets are both done within an enclosed structure in the PUD. Staff believes that the proposed use of Animal Specialty Services — Pet Grooming Only is consistent with the purpose and intent of the Goodlette Corners PUD which states that the "Commercial Areas on the PUD Master Plan are intended to provide a variety of commercial, financial, health and office uses." Staff's opinion, subject to BZA approval, is that the proposed use of Animal Specialty Services— Pet Grooming Only is comparable to the Veterinary Services — Household Pets Only use since the treatment of pets and the grooming of pets are both done within an enclosed structure in the PUD. In accordance with Section 3.3.A.31 of the PUD, your request will be forwarded to the Planning&Zoning Department•2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•www.colliergov.net EXHIBIT "B" 1713 Board of Zoning Appeals for approval of Staff's opinion. You will be apprised of the hearing date and advertising fees as soon as possible. Please note that Staffs opinion i not binding on the BZA. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code (LDC) and Growth Management Plan in effect as of this date. It is possible that subsequent amendments 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 LDC or related ordinances. Should you require further information or have any questions, please do not hesitate to contact me at (239) 252-4211 orfredreischl @colliergov.net. Researched and prepared by: Reviewed by: "44 " Fre, :- schl, AICP, Senior Planner Raymotig td V. y Bellows, Zoning Manager Planning & Zoning Planning & Zoning cc: Peggy Jarrell,Addressing Section Laurie Beard,Commitment Tracking