Backup Documents 05/25/2010 Item #17CCOLLIER COUNTY FLORIDA 17C
C
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.)
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Originating Dept/ Div: CDES. /Zoning Person: Kay Deselem, AICP �J Date: 5 �6 6
Petition No. (If none, give brief description): VA- PL2009 -1077, Port of the Islands
Petitioner: (Name & Address): Mr. Robert Duane, Hole Moores Inc., 950 Encore Way, Naples, FL 34110
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet): Port of the Islands
Community Improvement District, 210 North University Drive, Coral Springs, FL 33071
Hearing before BCC BZA Other
Requested Hearing date: May 25, 2010 Based on advertisement appearing 15 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: Petition: VA- PL2009 -1077, Port of the Islands Community
Improvement District, represented by Robert Duane, AICP of Hole Montcs, is requesting the following variances: 1) a variance from
LDC Section 4.02.01, Table 2. 1, that required a 50 -foot rear setback, to allow existing structures to be placed within 12.6 feet of the rear
property line, which is a reduction of 37.4 feet, 2) a variance from LDC Section 6.06.01, that requires a 60 -foot right -of -way width, to
allow a 35 -foot wide right -of -way width, a reduction of 25 feet; 3) a variance from LDC Section 4.05.04, Table 17; that requires 1 parking
space per 500 square feet for a required 17 parking spaces, to allow one space per employee of the largest shift which would be no less
than 3 employees, a reduction of 14 parking spaces; 4) a variance from LDC Sections 4.06.02.C.4 and 6.06.0I.P.1, that requires a type D
buffer along the western boundary of the shared access road, to eliminate the buffer, a reduction of the buffer to 0 feet; and 5) a variance
from LDC Section 4.06.02 Table 2.4, that requires a type B buffer on the perimeter or western edge of the shared access road, a reduction
to zero feet, to allow the buffer instead on the eastern edge of the shared access road. Subject property is located on 4.848 acres in
Section 4, Township 52 South, Range 28 East, Collier County, Florida. (Companion to RZ- PL2009 -910)
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs:
PO Number: 4500096189 for Account Number: 068779
Revi ed by:
es- oG - Zo /a
C6pision Adminis or or Xsignce Date
List Attachments:
A . _For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
Tub 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: to Requesting Division
Original Clerk's Office
A . Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
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FOR CLERK'S OFFICE USE ONLY: '1
Date Received: !> Date of Public hearing: Q Date Advertised: ,S7 i ri AL-,
17C
RESOLUTION NO. 10-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA RELATING TO PETITION NUMBER VA- PL2009-
1077 FOR FIVE VARIANCES TO ALLOW: (1) EXISTING STRUCTURES
TO BE PLACED WITHIN 12.6 FEET OF THE REAR PROPERTY LINE; (2)
A REDUCTION IN ROAD RIGHT -OF -WAY WIDTHS; (3) A REDUCTION
IN PARKING SPACES FROM 17 TO THREE SPACES; (4) A REDUCTION
FROM THE REQUIRED TYPE D BUFFER ALONG THE WESTERN
BOUNDARY OF SHARED ACCESS TO ELIMINATE THE BUFFER; AND
(5) A REDUCTION FROM THE REQUIRED TYPE B BUFFER TO ZERO
ON THE PERIMETER OR WESTERN EDGE OF THE SHARED ACCESS
ROAD ON PROPERTY LOCATED AT 12700 UNION ROAD ON 4.848
ACRES IN SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST IN
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. 2004 -41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the
area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of five variances: (1) a variance from LDC Section
4.02.01, Table 2.1, that required a 50 -foot rear setback, to allow existing structures to be placed
within 12.6 feet of the rear property line, which is a reduction of 37.4 feet; (2) a variance from LDC
Section 6.06.01, that requires a 60 -foot right -of -way width, to allow a 35 -foot wide right -of -way
width, a reduction of 25 feet; (3) a variance from LDC Section 4.05.04, Table 17, that requires one
parking space per 500 square feet for a required 17 parking spaces, to allow one space per employee
of the largest shift which would be no less than three employees, a reduction of 14 parking spaces;
(4) a variance from LDC Sections 4.06.02.C.4 and 6.06.0l.P.1, that requires a type D buffer along
the western boundary of the shared access road to eliminate the buffer, a reduction of the buffer to
Port of the Islands VA- PL2009 -1077
REV. 3/18/10 1 of3
17 c
zero feet; and (5) a variance from LDC Section 4.06.02 Table 2.4, that requires a type B buffer on
the perimeter or western edge of the shared access road, a reduction to zero feet, to_ allow the buffer
instead on the eastern edge of the shared access road on the property hereinafter described and has
found as a matter of fact that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 9.04.00 of the
Zoning Regulations of said Land Development Code for the unincorporated area of Collier County;
and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in
public meeting assembled, and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA that:
Petition Number VA- PL2009 -1077 filed by Robert Duane, AICP of Hole Montes with
respect to the property located at 12700 Union Road and hereinafter described in Exhibit "A"
attached hereto and incorporated herein, be and the same hereby is approved for five variances:
1. A variance from LDC Section 4.02.01, Table 2.1, that required a 50 -foot rear setback, to
allow existing structures to be placed within 12.6 feet of the rear property line, which is a
reduction of 37.4 feet;
2. A variance from LDC Section 6.06.01, that requires a 60 -foot right -of -way width, to allow a
35 -foot wide right -of -way width, a reduction of 25 feet;
3. A variance from LDC Section 4.05.04, Table 17, that requires one parking space per 500
square feet for a required 17 parking spaces, to allow one space per employee of the largest
shift which would be no less than three employees, a reduction of 14 parking spaces;
4. A variance from LDC Sections 4.06.02.C.4 and 6.06.0l.P.1, that requires a type D buffer
along the western boundary of the shared access road, to eliminate the buffer, a reduction of
the buffer to zero feet; and
5. A variance from LDC Section 4.06.02 Table 2.4, that requires a type B buffer on the
perimeter or western edge of the shared access road, a reduction to zero feet, to allow the
buffer instead on the eastern edge of the shared access road
Port of the Islands VA- PL2009 -1077
REV. 3/18/10 2 of 3
17C
as shown on Exhibit `B" attached hereto and incorporated herein; and subject to Conditions of
Approval attached hereto and incorporated herein on Exhibit "C ".
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
, 2010.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency;
\'A(tvo
Heidi Ashton -Cicko "
Section Chief, Land Use/Transportation
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
:
FRED W. COYLE, Chairman
Attachments: Exhibit "A" — Legal Description
Exhibit "B" — Conceptual Plan of Development
Exhibit "C" — Conditions of Approval
CP \10- CPS - 01002\21
Port of the Islands VA- PL2009 -1077
REV. 3/18/10 3 of 3
Ft�"1/1 17'�
HOLE MONTES
DGIEF16 • R/18lM- SIRsEy'OAS
UNOSCIPEMCII[M HIRE
950 Encem Way • Naples, Florida 34110 • Mm: 239.2542000 • Fax: 239.254.2075 -
HM PROJECT #2008.011
5113//2008
REF. DWG. #B -6356
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP
62 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00 °37'46 "E., ALONG THE
EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 684.23 FEET;
THENCE RUN N.45 "3746"W., FOR A DISTANCE OF 269.88 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.50 FEET THROUGH A
CENTRAL ANGLE OF 45 °00'00" SUBTENDED BY A CHORD OF 63.14 FEET AT A BEARING OF
N.23007'46'W., FOR A DISTANCE OF 64.80 FEET TO THE END OF SAID CURVE; THENCE RUN
N- 00.3746"W., FOR A DISTANCE OF 85.06 FEET; THENCE RUN S.89 °22'14 "W., FOR A DISTANCE OF
35.00 FEET; THENCE RUN N.00 °37'46"W., FOR A DISTANCE OF 350.03 FEET; THENCE RUN
N.00- 38'58"W., FOR A DISTANCE OF 299.68 FEET; THENCE RUN N.89 "21'02 "E. FOR A DISTANCE OF
77.18 FEET; THENCE RUN N,00 *52'04"W., FOR A DISTANCE OF 3.06 FEET; THENCE RUN
N.89 °07'56 "E., FOR A DISTANCE OF 35.00 FEET; THENCE RUN 5.00 °52'04 "E., FOR A DISTANCE OF
3.19 FEET; THENCE RUN N.89'21'02 -E., FOR A DISTANCE OF 137.82 FEET TO A POINT ON THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN S.00 °38'58 "E.,
ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF
300,00 FEET TO THE POINT OF BEGINNING: CONTAINING 4.848 ACRES, MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING
S.00 °37'46 "E.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION LB # 1772
BY: jvj.Tp�w
• OF •-
ft1[iaPCOn�/l,el"b M 11w."RIeWWfO1,YVNr1VgY 0r C =C
Exhibit A
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Naples • Fort Myers • Venice
VA- PL2009 -1077 REV:1
PORT OF THE ISLANDS
COMPANION: RZ-PL2009 -910
DATE: 12131109 DUE: 1115110
17C
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I7C
CONDITIONS OF APPROVAL
Port of the Islands
VA- PL2009 -1077
The variances granted are limited to what is depicted and described in the applicant's site plan
entitled "Conceptual Plan of Development" dated November 2009, revised March 3, 2010
prepared by Hole Montes. The site plan noted is conceptual in nature for variance approval.
The final design must be in compliance with all applicable federal, state and county laws and
regulations.
Revised 313/10 EXHIBIT C
17C
Acct. #068779
May 6, 2010
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: VA- PL2009 -1077, Port of the Islands
Dear Legals:
Please advertise the above referenced notice on Monday, May 10, 2010 and kindly
send the Affidavit of Publication, in duplicate, together with charges involved, to
this office.
Thank you.
Sincerely,
Teresa Polaski,
Deputy Clerk
P.O. #4500096189
17C _ ,4
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION
Notice is hereby given that the Board of County Commissioners, as
the Board of zoning Appeals, of Collier County will hold a public
hearing on Tuesday, May 25, 2010, in the Boardroom, 3 r Floor,
Administration Building, Collier County Government Center, 3301
East Tamiami Trail, Naples, Florida. The meeting will begin at
9:00 A.M. The title of the proposed resolution is as follows:
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2009 -1077,
FOR FIVE VARIANCES TO ALLOW: (1) EXISTING STRUCTURES TO BE
PLACED WITHIN 12.6 FEET OF THE REAR PROPERTY LINE; (2) A
REDUCTION IN ROAD RIGHT -OF -WAY WIDTHS; (3) A REDUCTION IN
PARKING SPACES FROM 17 TO THREE SPACES; (4) A REDUCTION FROM
THE REQUIRED TYPE D BUFFER ALONG THE WESTERN BOUNDARY OF
SHARED ACCESS TO ELIMINATE THE BUFFER; AND (5) A REDUCTION
FROM THE REQUIRED TYPE B BUFFER TO ZERO ON THE PERIMETER OR
WESTERN EDGE OF THE SHARED ACCESS ROAD ON PROPERTY LOCATED AT
12700 UNION ROAD ON 4.848 ACRES IN SECTION 4, TOWNSHIP 52
SOUTH, RANGE 28 EAST IN 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 Administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum of 3
weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need
a record of the proceedings pertaining thereto and therefore, may
need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is based.
If you are a person with disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no
17C
cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239)252 -8380; Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
Teresa L. Polaski
To:
Subject:
Attachments
Naples Daily News Legals; Deselem, Kay; RamirezHeather; Pagan, Emely
LVA- PL2009 -1077 Port of the Islands
VA- PL2009- 1077.doc; VA- PL2009- 1077.doc
Legals,
Please advertise the following on Monday, May 11, 2010. Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239 - 252 -8411
239 - 252 -8408 fax
( Teresa .Polaski @collierclerk.com)
_ m
Teresa L. Polaski
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Thursday, May 06, 2010 3:56 PM
To: Teresa L. Polaski
Subject: RE: LVA- PL2009 -1077 Port of the Islands
ok
From: Teresa L. Polaski [mailto: Teresa .Polaski @collierclerk.com]
Posted At: Thursday, May 06, 2010 3:55 PM
Posted To: Legals - NDN
Conversation: LVA- PL2009 -1077 Port of the Islands
Subject: LVA- PL2009 -1077 Port of the Islands
Legals,
Please advertise the following on Monday, May 11, 2010. Thanks
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239- 252 -8411
239- 252 -8408 fox
(Teresa.Polaski @col lierclerk.com)
Please visit us on the web at www.collierclerk.com
17C
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 helodesk(@collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Teresa L. Polaski 17C
From: Pagan, Emely [EPagan @Naplesnews.com]
Sent: Thursday, May 06, 2010 4:22 PM
To: Teresa L. Polaski
Subject: Ad Confirmation
Attachments: UAS512.jpg
ATTACHED please review your notice & confirm APPROVAL via EMAIL.
Should you have any questions, changes or corrections, please contact me via EMAIL.
Thank you for placing your ad.
Ad Number 1852842
Total Ad Cost $259.38
Emely Pagan
213 -6061
1
CountS,obfC61 ier
CLERK OF THE CIRCUIT COURT
Dwight E. Brock
Clerk of Courts
May 7, 2010
Holes Montes Inc.
Mr. Robert Duane
950 Encore Way
Naples, FL 34110
COLLIER COUNTY COURYHOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 413044
NAPLES, FLORIDA`�4101 -3044
RE: VA- PL2009 -1077, Port of the Islands
Dear Petitioner:
17C
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners as the Board of Zoning Appeals on
Tuesday, May 25, 2010, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Monday, May 10, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierelerk.com Email: collierclerk @collierclerk.com
Dwight E. Brock
Clerk of Courts
May 7, 2010
G j t .6f-Cc'llier
ar -
CLERK OF THE CIRCUIT COURT
COLLIER COUNTY COURTFIOUSE
3301 TAMIAMI TRAIL EAST
P.O. BOX 4F3044
NAPLES, FLORIDA )4101-3044
Port of the Islands CID
210 North University Drive
Coral Springs, FL 33071
RE: VA- PL2009 -1077, Port of the Islands
Dear Petitioner:
17C
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners as the Board of Zoning Appeals on
Tuesday, May 25, 2010, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Monday, May 10, 2010.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLE
eresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252 -2646 Fax (239) 252 -2755
Website: www.collierelerk.com Email: collierclerk @collierelerk.com
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION j, r
Notice Is hereby given that the Board of County Commissioners, as the Board of
Zoning Appeals, of Collier County will held a public hearing on Tuesday, May 25,.
2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Govern-
ment Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at
5 :001 A.M. The title cif the proposed resolution is as follows:
A RESOLUTION or THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORI-
DA,, RELATING TO PETITION NUMBER VA:- PL2009.1077, FOR FIVE VARIANCES TO AL-
LOW: (1) EXISTING STRUCTURES TO BE PLACED WITHIN 12.6 FEET OF THE REAR
PROPERTY LINE, (2) A REDUCTION IN ROAD RIGHT -OF -WAY WIDTHS; (3) A REDUC-
TION IN PARKING SPACES FROM 17 TO THREE SPACES; (4) A REDUCTION FROM THE
REQUIRED TYPE iO BUFFER ALONG THE WESTERN BOUNDARY OF SHARED ACCESS
TO ELIMINATE THE BUFFED; AND (5) A REDUCTION FROM THE REQUIRED TYPE b
BUFFER TO ZERO ON THE PERIMETER OR WESTERN EDGE OF THE SHARED ACCESS
ROAD ON PROPERTY LOCATED AT 12700 UNION ROAD ON 4.848 ACRES IN SEC -
TION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST IN 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 a enda item must register with the
County Administrator prior to presentation of the agenda item to be addressed. In-
d ivid6l speakers will be limited to 5 minutes on any item The selection of an indi-
vidual to sneak on behalf of an organization or group is encouraged If recognized
by the Chair, a spokesperson for a group or organization may be allotted 10 min-
utes TO speak can 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
E3oard shall be submitted to the appropriate County staff a minimum of seven days
pprior to the public hearing. All material used in presentations before the Board will
taecome a permanent part or the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertainin thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evi-
dence upon which the appeal is bid.
If you are a person with disability who needs any accommodation in order to par-
ticipate in this proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Depart -
ment, located at 3301 Tamiami Trail East, Building W, Maples, Florida 34112,
(239 )252 -8380; Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
13C9ARD OF COUNTY COM'M155IONERS
BOARD OF ZOOMING APPEALS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E BROCK, CLERK
By: Teresa Polaski. Deputy Clerk
(SEAL)
May 11, 2010 No1852842
Teresa L. Polaski l 7 C
From:
Naples Daily News [naplesnews @clicknbuy.com]
Sent:
Tuesday, May 11, 2010 12:17 AM
To:
Teresa L. Polaski
Subject:
Thank you for placing your classified advertisement.
Ad # 1852842
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that the Board of
County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on
Tuesday, May 25, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government
Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the
proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA, RELATING TO PETITION NUMBER VA- PL2009 -1077, FOR FIVE VARIANCES
TO ALLOW: (1) EXISTING STRUCTURES TO BE PLACED WITHIN 12.6 FEET OF THE REAR
PROPERTY LINE; (2) A REDUCTION IN ROAD RIGHT -OF -WAY WIDTHS; (3) A REDUCTION IN
PARKING SPACES FROM 17 TO THREE SPACES; (4) A REDUCTION FROM THE REQUIRED TYPE D
BUFFER ALONG THE WESTERN BOUNDARY OF SHARED ACCESS TO ELIMINATE THE BUFFER;
AND (5) A REDUCTION FROM THE REQUIRED TYPE B BUFFER TO ZERO ON THE PERIMETER OR
WESTERN EDGE OF THE SHARED ACCESS ROAD ON PROPERTY LOCATED AT 12700 UNION
ROAD ON 4.848 ACRES IN SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST IN 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 Administrator prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak
on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic
materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the
respective public hearing. In any case, written materials intended to be considered by the Board shall be
submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material
used in presentations before the Board will become a permanent part of the record. Any person who decides to
appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is based. If you are a person with 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 3301 Tamiami Trail East, Building
W, Naples, Florida 34112, (239)252 -8380; Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING
APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By:
Teresa Polaski, Deputy Clerk (SEAL) May 11, 2010 Noll 852842
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17C
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Naples Daily News 7 (r
Naples, FL 34110 �j
Affidavit of Publication
Naples Daily News
-- --------- - - - - -- - - -- - - - - -- - +-- ---- -- - - -- - - - --
BCC /ZONING DEPARTMENT
CLERK OF CIRCUIT CRT
P 0 BOX 413044
NAPLES FL 34101
REFERENCE: 068779 P.O. #4500096189
59617003 NOTICE OF PUBLIC HEA 'e
State of Florida
Counties of Collier and Lee
Before the undersigned authority, person-'
appeared Tracy Reeve, who on oath says tha
serves as the Senior Accountant, of the Na
Daily News, a daily newspaper published at
in Collier County, Florida: distributed in
and Lee counties of Florida; that the attac,
copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples
News is a newspaper published at Naples, in
Collier County, Florida, and that the said
newspaper has heretofore been continuously
day and has been entered as second class mai
matter at the post office in Naples, in saic
Collier County, Florida, for a period of 1 1
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for t
purpose of securing this advertisement for 1
publication in the said newspaper.
PUBLISHED ON: 05/11
AD SPACE: 86 LINE
FILED ON: 05/11/10
NOTICE OF P1101JC NEARWG TO C.QM6bER pEgOIUiWN
- -- -------- - - - - -- - - - - - -- - - - - - -- +- - - -- - - - -- - --
Signature of Affiant
_J
Sworn to and Subscribed before me meQ this �3�1. day of Yqc�' -� 20 \0
Y Y PAC �C G f1 C� �
Personally known b me an n✓A0 - ,
KAROL E KACGAS
Notary Public -State of Florida
l :1
My Comm. Ex,^.iles Jul 29. 2013
Commission N CD 912237
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 7 C
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
print on pink paper_ Attach to original document. Orieinal documents should be hand delivered Ifi the. Board 01 fee "fhe completed routing slip and original
documents are to he forwarded to the Board Olfice only afrr the Board has taken action on the Iton.i
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's shmature. draw a line lhroueh routine lines # I throusdi #4, complete the checklist, and forward to Sue Filson (line 45).
Route to Addressee(s)
(List in muting order
Office
Initials
Date
1. Judy Puig
GMD Operations
(initial)
Applicable)
Agenda Date Item was
2
Agenda Item Number
`
Approve by the BCC
3.
Type of Document
4.
Number of Original
I
Attached
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
yI2B to
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 he delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Kay Deselem
Phone Number
252 -2931
Contact
appropriate.
(initial)
Applicable)
Agenda Date Item was
M 31vl o
Agenda Item Number
IZC.
Approve by the BCC
/
Type of Document
Resolution r
/ 5
Number of Original
I
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2,24 05
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
KD
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
K
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
I--, r"
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
Kr)
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
k, L)
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 May 25, 2010 and all changes made
K.D
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2,24 05
17C i#
MEMORANDUM
Date March 28, 2010
To: Kay Deselem, Principal Planner
Zoning and Land Development
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 2010 -105: VA- PL2009 -1077
Attached for your records is a copy of the resolution referenced above,
(Item #7C) adopted by the Board of County Commissioners May 25, 2010.
The Minutes and Records Department has held the original for the Board's
Official Record.
If you should have any questions, please contact me at 252 -8411.
Thank you.
Attachment (1)
17C
MEMORANDUM
Date: May 28, 2010
To: Gail Bonham
County Attorney's Office
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Resolution 105: VA- PL2009 -1077
Attached, find please find one copy, as referenced above, (Agenda Item
#17C), approved by the Board of County Commissioners on Tuesday, May
25, 2010.
The Minutes & Records Department has retained an original document for the
Board's permanent records.
If you have any questions, please call 252 -8411.
Thank you,
Attachments (2)
17C
RESOLUTION NO. 10- 105
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER
COUNTY, FLORIDA RELATING TO PETFCION NUMBER VA-PI-2009-
1077 FOR FIVE VARIANCES TO ALLOW: (1) EXISTING STRUCTURES
TO BE PLACED WITHIN 12.6 FEET OF THE REAR PROPERTY LINE; (2)
A REDUCTION IN ROAD RIGHT -OF -WAY WIDTHS; (3) A REDUCTION
IN PARKING SPACES FROM 17 TO THREE SPACES; (4) A REDUCTION
FROM THE REQUIRED TYPE D BUFFER ALONG THE WESTERN
BOUNDARY OF SHARED ACCESS TO ELIMINATE THE BUFFER; AND
(5) A REDUCTION FROM THE REQUIRED TYPE B BUFFER TO ZERO
ON THE PERIMETER OR WESTERN EDGE OF THE SHARED ACCESS
ROAD ON PROPERTY LOCATED AT 12700 UNION ROAD ON 4.848
ACRES IN SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST IN
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. 2004 -41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the
area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of five variances: (1) a variance from LDC Section
4.02.01, Table 2.1, that required a 50 -foot rear setback, to allow existing structures to be placed
within 12.6 feet of the rear property line, which is a reduction of 37.4 feet; (2) a variance from LDC
Section 6.06.01, that requires a 60 -foot right -of -way width, to allow a 35 -foot wide right -of -way
width, a reduction of 25 feet; (3) a variance from LDC Section 4.05.04, Table 17, that requires one
parking space per 500 square feet for a required 17 parking spaces, to allow one space per employee
of the largest shift which would be no less than three employees, a reduction of 14 parking spaces;
(4) a variance from LDC Sections 4.06.02.C.4 and 6.06.01.P.1, that requires a type D buffer along
the western boundary of the shared access road to eliminate the buffer, a reduction of the buffer to
Port of the Islands VA- PL2009 -1077
REV. 3/18/10 1 of
17C
zero feet; and (5) a variance from LDC Section 4.06.02 Table 2.4, that requires a type B buffer on
the perimeter or western edge of the shared access road, a reduction to zero feet, to allow the buffer
instead on the eastern edge of the shared access road on the property hereinafter described and has
found as a matter of fact that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 9.04.00 of the
Zoning Regulations of said Land Development Code for the unincorporated area of Collier County;
and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in
public meeting assembled, and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA that:
Petition Number VA- PL2009 -1077 filed by Robert Duane, AICP of Hole Montes with
respect to the property located at 12700 Union Road and hereinafter described in Exhibit "A"
attached hereto and incorporated herein, be and the same hereby is approved for five variances:
1. A variance from LDC Section 4.02.01, Table 2.1, that required a 50 -foot rear setback, to
allow existing structures to be placed within 12.6 feet of the rear property line, which is a
reduction of 37.4 feet;
2. A variance from LDC Section 6.06.01, that requires a 60 -foot right -of -way width, to allow a
35 -foot wide right -of -way width, a reduction of 25 feet;
3. A variance from LDC Section 4.05.04, Table 17, that requires one parking space per 500
square feet for a required 17 parking spaces, to allow one space per employee of the largest
shift which would be no less than three employees, a reduction of 14 parking spaces;
4. A variance from LDC Sections 4.06.02.C.4 and 6.06.0l.P.1, that requires a type D buffer
along the western boundary of the shared access road, to eliminate the buffer, a reduction of
the buffer to zero feet; and
5. A variance from LDC Section 4.06.02 Table 2.4, that requires a type B buffer on the
perimeter or western edge of the shared access road, a reduction to zero feet, to allow the
buffer instead on the eastern edge of the shared access road
Port of the Islands VA- PL2009 -1077
REV. 3/18/10 2 of 3
J?c
as shown on Exhibit `B" attached hereto and incorporated herein; and subject to Conditions of
Approval attached hereto and incorporated herein on Exhibit "C ".
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
This Resolution adopted after motion, second and majority vote this-2�jLhvday of
12010.
ATTEST:
DWIGHT E. BROCK, CLERK
+IJ431aty Clerk
AtOst as t>e,Rvin �
:ign�tucR on•r.�'ti
Approved as to form
and legal sufficiency:
Id�i� shton -Cicko b
See f76n Chief, Land Use /Transportation
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By: _
FRED W. COYLE, Chairman
Attachments: Exhibit "A" — Legal Description
Exhibit "B" — Conceptual Plan of Development
Exhibit "C" — Conditions of Approval
CP\ 10- CPS -01 002\21
Port of the Islands VA- PL2009 -1077
REV. 3/18/10 3 of
Item #
Agenda
Date
Date
V
Rec'
Ju�
c
Depu
Jerk
IRM 17C
HOLE MONTES
ENGINEERS- MANNERS- SURVEYORS
LANDSCAPE ARCHITECTURE
950 Encore Way • Naples, Florida 34110 • Phone: 239 254.2000 • Fax- 239 254.2015
HM PROJECT #2008.011
5/13/2008
REF. DWG. #13-6356
LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP
52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.00 °37'46 "E., ALONG THE
EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 684.23 FEET;
THENCE RUN N.45 °37'46'W., FOR A DISTANCE OF 269.88 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.50 FEET THROUGH A
CENTRAL ANGLE OF 45 °00'00" SUBTENDED BY A CHORD OF 63.14 FEET AT A BEARING OF
N.23- 07'46'W., FOR A DISTANCE OF 64.80 FEET TO THE END OF SAID CURVE; THENCE RUN
N.00- 37'46'W., FOR A DISTANCE OF 85.06 FEET; THENCE RUN S.89-22'1 4-W., FOR A DISTANCE OF
35.00 FEET; THENCE RUN N.00 °37'46'W., FOR A DISTANCE OF 350.03 FEET; THENCE RUN
N.00- 38'58"W., FOR A DISTANCE OF 299.88 FEET, THENCE RUN N.89 °21'02 "E. FOR A DISTANCE OF
77.18 FEET; THENCE RUN N.00 °52'04'W., FOR A DISTANCE OF 3.06 FEET; THENCE RUN
N.89 007'56 "E., FOR A DISTANCE OF 35.00 FEET; THENCE RUN S.00 °52'04 "E., FOR A DISTANCE OF
3.19 FEET; THENCE RUN N.B9 °21'02 "E., FOR A DISTANCE OF 137.82 FEET TO A POINT ON THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN S.00 °38'58 "E.,
ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF
300.00 FEET TO THE POINT OF BEGINNING; CONTAINING 4.848 ACRES, MORE OR LESS.
THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING
S.00 037'46 "E.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION LB # 1772
BY: ' 11 , , P.S.M. #5628
THOMAS M. MURPHY/' STATE OF FLORIDA
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Exhibit A
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Naples • Fon Vye:s •'Venice
VA- PL2009 -1077 REV:1
PORT OF THE ISLANDS
COMPANION: RZ- PL2009 -910
DATE: 12131109 DUE: 1115110
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CONDITIONS OF APPROVAL
Port of the Islands
VA- PL2009 -1077
The variances granted are limited to what is depicted and described in the applicant's site plan
entitled "Conceptual Plan of Development" dated November 2009, revised March 3, 2010
prepared by Hole Monies. The site plan noted is conceptual in nature for variance approval.
The final design must be in compliance with all applicable federal, state and county laws and
regulations.
Revised 3/3/10 EXHIBIT C