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Backup Documents 01/26/2010 Item #17B COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 178 '" To: Clerk to the Board: Please place the following as a: ~ Normal Legal Advertisement Other: (Display Adv., location, etc.) ..************************************************~{~:t****************************~~**************** Originating DepV Div: CDES./Zonine Person: Nancy @~ildl;:h, AICP Date: 11. L C ':J~ Petition No. ([fnone, give brief description): SY.PL2009.1165, Lawmetka Plaza Petitioner: (Name & Address): Mr. Bruce R Anderson, Roetzel & Andress, 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) Bernderson Development Co. Inc., 570 Delaware Avenue, Buffalo. NY 14202 Hearing before Bee BZA Other Requested Hearing date: Januarv 26, 2009 Based on advertisemt:nt 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: SY-PL2_Q09-1165, Henderson Properties, Inc.. represented by Bruce Anderson, Esquire of Roetzel & Andress, LPA, is requesting a variance from Subsection 5.06.04.FA. of the LDe which allows one wall, mansard, canopy or awning sign for each unit in a multi.occupancy parcel to allow two (2) wall, mansard, canopy or awning signs per unit in a multi-occupancy parcel with one sign facing the abutting road and one sign facing the internal parking area. The subject property is located at 13555 Tamiami Trail North and 895 Wiggins Pass Road at the northwest corner of Tamiami Trail North (US 41 North) and Wiggins Pass Road, in Section 16, Township 48 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fce include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Nnmber 4500096189 for Account Number: 068779 Reviewed by: signee .11..~2..&. 0' Date DISTRIBUTION INSTRUCTIONS A. For hearings before Bee 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: 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. FOR CLERK'S OFFICE USE ONLY: Date Received: #- Date of Public hearing: \ - '1tr1tfl. Date Advertised: 1-10 - 2LJ/O Teresa L. Polaski 178"'1 From: Sent: To: Subject: Attachments: RamirezHeather [HeatherRamirez@colliergov.net] Tuesday, December 29, 20098:05 AM Minules and Records SV -PL2009-1165 Legal Ad SV-PL2009-1165 Legal Ad.pdt; SV-PL2009-1165 Resolution.pdt Here is the last ad... If you have any problems or questions please let me know.." He"h" L. R,m;", l' Planning Technician Zoning & Land Development Review 2800 N. Horseshoe Drive Naples, FL 34104 (239)252-2930 ;:;J<;.w Qirifel' Cou.nt.y ,uc"0N-"-~,","'M'\;",,",j"~,._,,,,...,,,,.,,,,~_ 178 'r RESOLUTION NO. J 0 - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-PL2009-1165, GRANTING A VARIANCE FROM SECTION 5.06,04.F.4 OF THE LAND DEVELOPMENT CODE, TO ALLOW TWO SIGNS PER UNIT IN A MULTI-OCCUPANCY PARCEL, WHICH SIGNS ARE LOCATED AT THE LAWMETKA PLAZA PUD ON THE NORTHWEST CORNER OF TAMIAMI TRAIL NORTH (US 41) AND WIGGINS PASS ROAD (CR 888), IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No, 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Petitioner wishes to have two signs per unit on buildings due to the store fronts facing the interior of the property; and WHEREAS, without a variance, Petitioner is entitled to only one sign per unit, pursuant to g5.06,04,F.4; 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 these variances and aU matters presented, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The Board hereby approves a variance ITom LDC g5,06.04.F.4 to allow two signs per unit in a multi-occupancy parcel as depicted in Exhibit A, and subject to the conditions found in Exhibit B, as requested in Petition SV-PL2009-1I65, filed by Bruce Anderson, Esquire of Roetzel & Andress, LPA, on behalf of the Petitioner, Benderson Properties, Inc" concerning the SV-PL2009-//65 Rev. ///4/09 10f2 subject property located at the Lawmetka Plaza PUD on the northwest comer of Tamiami Trail North (US 41) and Wiggins Pass Road (CR 888), more particularly described as: all that part of the southeast 1,4 of the northeast Y. of Section 16, Township 48 South, Range 2S East, Collier County, Florida. Exhibits A and B are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the text (including content and size) of the signs depicted in Exhibit A is not the subject of this variance. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV. PL2009.116S be recorded in the minutes of this Board, This Resolution adopted after motion, second and majority vote, this _ day of ,2010. ArrEST: DWIGHT E, BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: , Chairman . Deputy Clerk Approved as to form and 1egalcm1tFT Steven T. Williams Assistant County Attorney Attachments: Exhibit "An - Site Plan Exhibit "B" - Conditions of Approval 09-CPS-0098S/IO HFAC 11/4/09 SV-PLJ009-1/65 Rev. /114/09 2of2 !~U i '''I i 21 I ~I ; +- -- - __I J '"""._~~~!-.<~:;;; -'\ ! " [' . .,.e'-/-' +- /- t- I -....".---- I jl::l-\ "'-" - '-:j '" ...._~~ ~ L--=- , ii' '\ :,1 I II I ;, I ; I ! 1 ~ 1 ,I I I' : i[1 I !i 1 J:: 'i Iii , i1 :d ~' j':) ~-~.~ ....'......, C.,'-, , :1____ ;;,'-- V '--~ ,~==A', " , ~, ll~ ~'<" i", "-,,~ . ~\~~ it '\ A I ' >'" " A'2!~'" j' i LY ~/1j:,.<'i'.'1\ --! '-r I "1'- :'i-' 1-',-' - 'T,-'",/ 1'1' \ ,<.,,' ~.:;'; t ~1~l: . : -,N' I'&~~~~~,i!f': , ~-~_~__~~~J ':c~-;',':':.~ -~~(' j'~l/~"', , L ,-- J I 1 'I it QJJ' --- I~;-':~ i ';1 I , ',{I ~/ 178 'f Ii II I I -, ~\. I . j tn I , . I .::J ,- \ 1 i , " 1 I ! '1 ) i 1 ~ ~ " ,., ~ ~ ~ ~ "., ~ ~ ~ i , , ^f!( i I ,. ,I --------~~~;-- .+i ::---:::::;_ '-+.' - - ,Y= -;,----" ~,"-"- """-'J 11 SSV d SNIDOW. - .-. 8 '~r:) - avo~ SSVd SNIOOIM:>":- -----------------11 >-' "~ -: - J S[I ,~I J It) c : ;':j , j .- C) - ~ I Z '~'q - ,~I C) t C , j I "I Z ~ I ...J \~.i , ,) , - - +- C :::J - ...J I m :2 - 7 , " ::J ( .i m / +- - ~ (l5~ lL<fl <fl< -UJ 1-0<: <fl< UJe, :::> UJ . 0e,1{) ~<oI:l wI'ij- 1,,)<fl<fl zz\.') <OZ (\ZUJiS ~\.')---l -<5 ZZIO ~~z <fl<fl0 w (!) < Z \.') ij) I- Z < Z W I- 0<: < W 0<: I I I :.J ) /~ C fi ~=:; < -, , II ,EJtl 113 r:''j \1 I L ; " , n b R , ., !-~' -- " '__!j~..J ;/ ....../ ,.-.:.~';.- . \ "'" <, /- (j '-" '/..'), " ,,",' ~. / ~ , , I","~ 0> o ~ N ... <l: !:: III :r: >< w _~ 1_----'-- ,"I I ,,I ,._ c it-. ',i, '"'-j Uu: --' IP?~J~~ T ..."' ii ? ~. , , I i , 178 " CONDITION OF APPROVAL FOR SV-PL2009-1165 I. The additional wall signs are limited to Building 4 and 5 unit facades facing towards Tamiami Trail North (US 41) and Wiggins Pass Road (CR 888). 2, Awnings shall be installed in the center section of building fayades Buildings 4 and 5 where the spandrel glass is located. EXHIBIT B 17B 4 , ; ACCT #068779 December 29,2009 Naples News Media Group 1100 lmmokalee Road Naples, FL 34110 Re: SV-PL2009-1165, Lawmetka Plaza Dear Legals: Please advertise the above referenced petition on Sunday, January 10, 2010 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. #4500096189 178 !~11 NOTICE OF INTENT 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, January 26, 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 SV-PL2009-1165, GRANTING A VARIANCE FROM SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE, TO ALLOW TWO SIGNS PER UNIT IN A MULTI- OCCUPANCY PARCEL, WHICH SIGNS ARE LOCATED TO THE LAWMETKA PLAZA PUD ON THE NORTHWEST CORNER OF TAMIAMI TRAIL NORTH (US 41) AND WIGGINS PASS ROAD (CR 888), IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Petition: SV-PL2009-1165, Benderson Properties, Inc., represented by Bruce Anderson, Esquire of Roetzel & Andress, LPA, is requesting a variance from Subsection 5,06,04.F,4. of the LDC which allows one wall, mansard, canopy or awning sign for each unit in a multi-occupancy parcel to allow two (2) wall, mansard, canopy or awning signs per unit in a multi-occupancy parcel with one sign facing the abutting road and one sign facing the internal parking area, The subject property is located at 13555 Tamiami Trail North and 895 Wiggins Pass Road at the northwest corner of Tamiami Trail North (US 41) and Wiggins Pass Road, in Section 16, Township 48 South, Range 25 East, Collier County, Florida, NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item, The selection of an individual to speak on behalf of an organization or group is encouraged, If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item, Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing, In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, 178 !t~1 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 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 DONNA FIALA, CHAIRMAN FRED COYLE, VICE-CHAIRMAN DWIGHT E, BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts Cou.nty of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 17B :, Clerk of Courts Accountant Auditor Custodian of County Funds December 29, 2009 Roetzel & Andress Bruce R, Anderson 850 Park Shore Drive Naples, FL 34103 Re: SV-PL2009-1165, Lawmetka Plaza Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, January 26, 2010, as indicated on the enclosed notice, The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10,2010. You are invited to attend this public hearing. Sincerely, DWIGHT E, BROCK, CLERK ~ Enclosure Phone (239) 252-2646 Website: www,collierclerk.com Fax (239) 252-2755 Email: collierclerk(li1collierclerk.com Dwight E. Brock Clerk of Courts County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMlTRAIL EAST PO. BOX 413044 NAPLES, FLORIDA 34]01-3044 17B , Clerk of Courts Accountant Auditor Custodian of County Funds December 29,2009 Benderson Development Company, rnc, 570 Delaware Avenue Buffalo, NY 14202 Re: SV-PL2009-1165, Lawmetka Plaza Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, January 26, 2010, as indicated on the enclosed notice, The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 2010. You are invited to attend this public hearing, Sincerely, Martha Vergara, Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com 178' 'n~ Martha S, Vergara From: Sent: To: Subject: Attachments: Martha S. Vergara Wednesday, December 30, 2009 9:42 AM Naples Daily News Legals SV-PL2009-1165 (Lawmetka Plaza) SV-PL2009-1165 (Lawmetka Plaza).doc; SV-PL2009-1165 (Lawmetka Plaza).doc Legals, Please advertise the following attached ad on Sunday. January 10, 2010. Please send an ok when you receive. Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha, yerqa ra(alcoll ierclerk,com) _._"___."__.__.""",;_~_._,,>,.._,.., _.c~_,.,__.___",.._.__,""...-~...,"._., 178..11 Martha 5, Vergara From: Sent: To: Subject: Heredia, Blanca [BEHeredia@Naplesnews.com] Thursday, December 31,20091 :57 PM Martha S. Vergara RE: SV-PL2009-1165 (Lawmetka Plaza) Ok (jJCanca p" J{eretf'za :Napfes ([)aiEy :News 1100 Immof(flGJe (}{pad' :Napfes, PL 34110 'tet:: 239.263.4710 6eFiereaUl@napfesnews,com From: Martha 5. Vergara [mailto:Martha,Vergara@collierclerk,comj Posted At: Wednesday, December 30, 2009 9:42 AM Posted To: Legals - NDN Conversation: 5V-PL2009-1165 (Lawmetka Plaza) Subject: 5V-PL2009-1165 (Lawmetka Plaza) Legals, Please advertise the following attached ad on Sundav, Januarv 10, 2010. Please send an ok when you receive. Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha. verqara(Cilcoll ierclerk.com) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailinghelodesk(ci)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. 17 B,lli Martha S, Vergara From: Sent: To: Subject: Naples Daily News [naplesnews@clicknbuy.com] Sunday, January 10, 2010 12:11 AM Martha S. Vergara Thank you for placing your classified advertisement. Ad# 1833127 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 the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, January 26,2010, 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 SV-PL2009-ll65, GRANTING A VARIANCE FROM SECTION 5.06,04.FA OF THE LAND DEVELOPMENT CODE, TO ALLOW TWO SIGNS PER UNIT IN A MUL TI-OCCUP ANCY PARCEL, WHICH SIGNS ARE LOCATED TO THE LA WMETKA PLAZA PUD ON THE NORTHWEST CORNER OF TAMIAMI TRAIL NORTH (US 41) AND WIGGINS PASS ROAD (CR 888), IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Petition: SV-PL2009-ll65, Benderson Properties, Inc., represented by Bruce Anderson, Esquire of Roetzel & Andress, LPA, is requesting a variance from Subsection 5.06.04.FA. of the LDC which allows one wall, mansard, canopy or awning sign for each unit in a multi-occupancy parcel to allow two (2) wall, mansard, canopy or awning signs per unit in a multi-occupancy parcel with one sign facing the abutting road and one sign facing the internal parking area. The subject property is located at 13555 Tamiami Trail North and 895 Wiggins Pass Road at the northwest corner ofTamiami Trail North (US 41) and Wiggins Pass Road, in Section 16, Township 48 South, Range 25 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part o[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 3301 Tamiami Trail East, Building W, Naples, Florida 34 112, (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 DONNA FIALA, CHAIRMAN FRED COYLE, VICE- CHAIRMAN DWIGHT E, BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) January 10,2010 No. 1833127 178' j_, 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 and even video/audio of your item. To log in to the New Ad Wizard use your email address and existing password, Go to: http://securc,adpav,com/adwizard login.aspx'!j=15247835, if this link is inactive, cut and paste it into your browser address window. If you need any assistance with your advertisement, please contact our classifieds department 239-263-4700 Thank you for using naplesnews,com Online Classifieds, 2 ~,~J\;, l~~ ," T~ON$ iIlIiIli"*'*"W>~~" ....11............. 1M.... .,~c....:.__n".. the IoJrd of ~~..~I~9==rq, 'jt, .RI5OfJIth)NOF1WE=. Df'lQNtNG'APPEAlS OF toU:1IR toUHTY, FLORI- DA. 'S'" ......... SV.........l1~.,J'...NTI"" A V_C, . = PER u",,1tA ..ut~W=~p"-~..I&=EtI~g THE' LA'NMITICA' PI.i\ZA 'PUD ON' THE, '. ,- '. ,'Of 'T~r _lAAIL NORTH (\1541) AND WIGGINS PAS$ROAP ((R; IN'. ....... "" TCWNSHIP 48 SOUTH. RANGl2S eAST. COWER cOUNTY. flOIUDA. _.~'~' l1i5,_.....P'~~"'... I'.~.. 'tw.""._..._." ...,01'_ ..._U'A. Is . .......- ...- ........A.oI....LDCl_-.... ._~... "fa< UdJuntt'~.\~. -'. .,~toatlowtwog).YAft.- .. -< '. .or ......,.............".... U;... ."""'~.. .'fO!lIll!"'" .""",n9 road ind one slgn~e intem ..~:; . .' .~..kICtte<l .,.'.355$115.=. .Trail................... , Pail.' ..tM..~, ."<!I'""r olT_' ..... " . OI)...._.....................'...T_.. SOUlh.RaftgI:;z5; ~/FIonaa-. , NO~~.,*.f..fe$ ,,_fof.;,'"_'~.-.,:,.,,:,_"_,:_,,::~O '::-,,'. ;,:,:':-"":,;,',-",':':,,,":'" PenQN'wbhmCt to. hew. ~. or ~. inatWls'~;cm ,tbt "DNd~'. ." - da ~_I\'lUIt~gId~jmlftknLlnJof"W8b,1l!l<<,..tht. . ve =~...::A~~I~'r~~I~:: tlW~.~%~.~.trusod~._ttlIlOI-dIo800id ~. :......to....."..~OfttMI..-llriHntflI,.record,ofthe ~._...~._..... ......_._'m 0:.:.,.... .lIle..::,iti~~V'~ff"'--"'" "I. := '~.;~'''~.~''~~.d~tare.Ity''~:'.~ :1~::.:.,:~..~~'ni"~~npa~f _,,_,.~t."'CBl""_~'" ....". 'ill.' ~.. ~"...:.=--...=B.:':'.."'t.."':t,W_... ".=-n.,n~l .' .~.~1'1Irs'0ffI(e. E~-'---" =g,& ~r-v~~.. 1....utnI _t~ .7n~' ::':+ tr" t')iRotr-.l1'4 '1i,,~ ;~~".<f~ON;i 178 ,1 5v~~L20cFt -l!(ol:) ,I - lYwJme-tkA- ~la2CL - NAPLESIBONIT A DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on January 10, 2010 1 time in the issue Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County. Florida. and that the said newspaper has heretofore been continuously published in said Collier County, Florida: distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples. in said Collier CoWIty. Florida, for a period of ] year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, finn or corporation any discount. rebate, commission or refund for the purpose of securing this advenisement for pr1U'sa~ ( Signature of affiant) Sworn to and subscribed before me This 13th day of January, 2010 J.<roJ 1. ~0 (Signature of notary pub] ) "<~~~"~'~::"" VAROl E KANGAS ,'0 \ C". ' r"... A\./'~ Notary Puhlic. Stale 01 Florida S~r" . -\'..:1 My Comm. Expires Jul 29. 2013 ";';;(-", ,:,~~~" Commission # DD 912237 '",,,,,,, 178 '" ';~~T.'~*}: ~.~1)7 178 , ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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 Ofl1ce. The completed routing slip and original documents are to be forwarded to the Board Oft1ce only after the Board has taken action on the Item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate tor 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 # I through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee(s) . Office Initials Date (List in routing order) I. Judy Puig Community Development and C I JUI/II Environmental Services ? 2, U 3. 4. 5. S~ l'i1~"IJ, Executive Manager Board of County Commissioners -GZ 1('/.'1,('0 fAN M [TC- r( E L<-- 6, Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normal]y 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 Bee Chairman's signature are to he delivered La th~ Bee office only after the BCe has acted to approve the item. Name of Primary Staff Nancy Gundlach Contact Agenda Date Item was January 26, 2010 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number 239-252-2484 176 Yes (Initial) Resolution '2D1O ' ( Number of Original Documents Attached ~' f; Forms! County Forms! Bee Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. 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 rev iewed 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 ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC omcc within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on enter date) and all changes made during the meeting have been incorpnrated in the attached ducument. The Count Attorne 's Office has reviewed the chan es, if a licable, 2. 3, 4, 5. 6. ._,__._ ,_._".,_"__._._____.~~__"~_.__*_. ..,,_ ""~ ~'n_"'''''''''" -,...-....._,,"'''' 178 __ RESOLUTION NO, 10 - ~ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-PL2009-ll65, GRANTING A VARIANCE FROM SECTION 5,06.04.F.4 OF THE LAND DEVELOPMENT CODE, TO ALLOW TWO SIGNS PER UNIT IN A MULTI-OCCUPANCY PARCEL, WHICH SIGNS ARE LOCATED AT THE LAWMETKA PLAZA PUD ON THE NORTHWEST CORNER OF TAMIAMI TRAIL NORTH (US 41) AND WIGGINS PASS ROAD (CR 888), IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Petitioner wishes to have two signs per unit on buildings due to the store fronts facing the interior ofthe property; and WHEREAS, without a variance, Petitioner is entitled to only one sign per unit, pursuant to ~5.06.04,F.4; 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 these variances and all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The Board hereby approves a variance from LDC ~5,06,04,F.4 to allow two signs per unit in a multi-occupancy parcel as depicted in Exhibit A, and subject to the conditions found in Exhibit B, as requested in Petition SV-PL2009-1l65, filed by Bruce Anderson, Esquire of Roetzel & Andress, LP A, on behalf of the Petitioner, Benderson Properties, Inc., concerning the S V-P L2009-1/65 Rev. 12/29/09 lof2 17B t subject property located at the Lawmetka Plaza PUD on the northwest comer of Tamiami Trail North (US 41) and Wiggins Pass Road (CR 888), more particularly described as: all that part of the southeast II. of the northeast 1;4 of Section 16, Township 48 South, Range 25 East, Collier County, Florida, Exhibits A and B are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the text (including content and size) of the signs depicted in Exhibit A is not the subject of this variance. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- PL2009-1165 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this 2fp day of ~I(I\}iA,.i(\ ,2010, A TTI;ST:_ DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA '-1~.,~ ~). t "-(]S< By: FRED W, COYL~, ch rm:n By: Attest as to Ckli' Ilpatft ,OIl.... c Approved as to form and legal sufficiency: 4f;- 7.wQ1 Steven T. Williams ')'<'y>".t.\o Assistant County Attorney \' Attachments: Exhibit "A" - Site Plan Exhibit "B" - Conditions of Approval 09.cPS-00985/25 SV-PL2009-//65 Rev. /2/29/09 20f2 U') C) "It I Z l - C)I ~tC ! ..J Z _ - :J 9 In - :J In +- - - - +- - +- - +- - :~ ------- -------------- ~ ~ ~l Z ~ Ul wI l.!> o<S'J < l.l.\I) Z (1)< ~ -Ul in 1-1\<: (1)< I- UlD Z => Ul . < <::lDIO Z Ul<oel ~ I\<:I<t ~\I)(j) I\<: < ZZ~ Ul <OZ I\<: Q2UlC; I ~~-' <5 ZZIO ~~z (j)(j)O ,,---- --,\j \. .. ~-,:;.--_.- " ", It 1 l i 1:':- \--....,..< ".".",.~_."..-....j r~ - g_ .J:'L.._.__._._._.....___'-"," ~. iiJ " "I 'j ~ [- l__ ~~/ ~ I ) ) , / 178 t (l) o ~ N ..- - "It " tJ) . :J ~ ~ ~ ~ ~ <( ~ I- iD ~ :I: >< ~ w ~ ^ ~ ~ ^ ~ ,. ~ . ., J, ~~ 1 g~ ~ .~, ~I I ~,~,,~ lYOM ssv J SNIODIA\ . J 88 "l:f::> - C\fOH SS\fd SNIOOIM"'- ..- - --.- - -- - - --. - - -- - - - I , ~ ~ \, . , o ~ o 7 ,l /0- /~>':,~: I: ~ V:-'J," \ c'- IN llmIf 178 -4' CONDITION OF APPROVAL FOR SV-PL2009-1l65 I. The additional wall signs are limited to Building 4 and 5 unit facades facing towards Tamiami Trail North (US 41) and Wiggins Pass Road (CR 888), 2, Awnings shall be installed in the center section of building fayades Buildings 4 and 5 where the spandrel glass is located. EXHIBIT B .,.____...,_,___"._._ .~..~_~.~.~~.c~.~.."____..<.._,,__'_~>_."'~___"' '0