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Backup Documents 10/27/2009 Item #17C 17C :1 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: xxx Normal Legal Advertisement Other: (Display Adv., location, etc.) .*.************...*...**********.*****.**********...***...~..***.*.*..****.**..*.**f.**.*1r.**..**~*. Originating Deptl Div: CDESJZonin. Person: KaYDeselem.AICP~ Dale: 9{~3ID9 Petition No. (Ifnone, give briefdescription); PE.PL2009-260, Marco Executive Airport Petitioner: (Name & Address): Mr. D Wayne Arnold, Q Gmdy Minor & Associates. 3800 Via Del Rey, Bonita Springs, FL 34134 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, anach separate sheet) Collier County Airport Authority, 200S Mainsail Drive. Suite # I, Naples, PL 34114 Hearing before BCC BZA Other Requested Hearing date: October 27. 2009 Based on advertisement appearing ~ before hearing. Newspaper(s) to he used: (Complete only if important): ~ Naples Dally News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: PE-PL2009-260. Collier County Airport Authority represented by D. Wayne Arnold ofQ. Grady Minor and Associates, P.A.;is requesting a Parking Exemption pursuant to the Collier County Land Development Section 4.05.02.K.3. The parking exemption seeks approval to allow construction of a new parking 101 within the residential PUD known as the Marco Shores pun to serve employees and patrons of the Marco Island Executive Airport. Subject property is located on 8 1% acre tract within Section 26, Township Sf South. Range 26 East, Collier County, Florida. 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 Aceount Number: 068779 Reviewed by: D~on:siJe~ ~ List Attachments: DISTRIBUTION INSTRUCTIONS A. _For hearings before BCC or BZA: fnitiating person to complete one copy and obtain Oivlslon Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request (or 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 Received9-;r:;~ Date of Public hearing: j 0-" 7 iJf>..te Advertised: 107 t'1J'/ 17C " , RESOLUTION NO, 09-_ A RESOLUTION BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING PARKING EXEMPTION PETITION PL-20090000260, IN ORDER TO ALLOW CONSTRUCTION OF A PARKING LOT WITHIN THE MARCO SHORES POO, LOCATED IN SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto adopled a Land Development Code (Ordinance No, 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County; and WHEREAS, Section 4.05.02 of the Land Development Code sets forth requirements and standards for oIT-streel parking and loading facilities and permits an exemption from these standards under certain circumstances; and WHEREAS, after proper notice, the Board of Zoning Appeals held a public hearing to consider Parking Exemption Petition PL-20090000260, which requests a Parking Exemption within the residential pun known as the Marco Shores POO, on a 1+/- acre tract which is located in Section 26, Township 51 South, Range 26 East and is more particularly described in Exhibit A, to allow construction of a parking lot to serve employees and patrons of the Marco Island Executive Airport as shown on the Site Plan attached as Exhibit B, and has found that the criteria set forth in Section 4.05.02.K.3. of the Land Development Code has been met and the Petilion should be approved; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting and the Board having considered all matters presented. PE-PL2009.260 REV. 6/02/09 Page I of2 17C NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, !hat: Petition PL-20090000260 filed by D. Wayne Arnold of Q. Grady Minor and Associates, P,A., representing the Collier County Airport Authority, is approved to allow construction ofa parking lot to serve employees and patrons of the Marco Island Executive Airport wi!hin !he residential PUD known as the Marco Shores PUD, on a I +/- acre tract which is located in Section 26, Township 51 South, Range 26 East and is more particularly described in Exhibit A, attached hereto and incorporated herein by reference. The parking lot shall comply wi!h the Site Plan attached hereto and incorporated herein as Exhibit "B", and shall be subject to !he conditions set forth in !he attached Exhibit C. BE IT FURTHER RESOL YED that this Resolution be recorded in the minutes of this Board. PASSED AND DULY ADOPTED by !he Board of Zoning Appeals of Collier County, Florida, this day of ,2009, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, Chairman Approved as to ronn and legal sufficiency; ",'~~_o.\ ..,..-1- . Heidi Ashton-Cicko Seetion Chief, Land Useffransportation Altllchments: Exhibit A - Legal Description Exh,hll B - Site Plan Exhibit C - Conditions of Approval 09-CPS-()()9S814 PE-PU009-260 REV. 610210') Page 2 of2 ~ar OR: 4395 PG: 1278 ttt EXHIBIT "A" That portion of Tract Q, Marco Shores Un~ On8, B subdivision ateomlng to the Plat thereof liS recorded in Plat Book 14, Pages 33 through 38, Public Records Of Collier. Florida, more particulally described as follows: Beginning at the northeast comer of Tract "Q"; thence along the Bllst line of said Tille! "Q", South 11"59'55" East, 332.93 feet 10 II point on the north right-of-way Bne of MainsaN Drive according to the Plat of said Marco Shores UnN One; Ihltnce along said rlght-of-way IIna South 77"54'19" West 131.94 feet; thence leaving said right-of-way line North 12"00'24" West 307,82 feet to a point on the boundary of said Tract "0"; thence along said boundary In the following two (2) described COllr$es. 1) North 24"45"6" East 7.32 feet: 2) North 69"14'17" East 129.11 herein described. B.earings are based on the Containing approximately lh 11"59'55" East. .- .' , 1 c ~ . i 17C .' ...., "",J'_, ._......r.,' ...._.. ."0" :!P..<';;'J;:O"'?'~\.;,:t~N, ,y.;~,::~ /f~A:I~{ti~',;~~(<<}:,X~.f~ .~~""d:ntr~"l;~"rt~"!-~ 1..\"l"t....~1":~f .1,.....-;.~':S'!".;:{;:..t'\i!1:..W1:\j~lt.,,'\f.~ .~~t;i~f.i"f.n~jif,j~~~-n:._._;.~'-,;:,..~r;-._.--- ';..': ',"t~~:-/>,-;',~..~';'~":'~ ::,),:~:~~:)c;.. ; ~~("\;..:""":":...," ,.' .r,"'.?:"'1'I, ::.'t-'f'-';~:'I~- [XISTlNC RUNWAY .....w h ..:> " :>- ~ w.... ~ "G i w g1;j tj I~ ~o ~ I~ g ~ ~ ~ & ~!!!....!::! ... ~oD::V) e .JOO" ~ o.a:Q.~ ~ ui<!!;;c( . .iI. n.:E<O 'lhJ'! i 11 ! I III . I hlll h : II i iii, " J'I i'! lj f.:) . ~ f Djp ~. -I ... ~ lD - CD w :;) o .-..-..-.. -., -. - ..-.. _.. -. ._.. _"_ .._.._ ,,_ .Lqc~~,~. ~f:}~~y'._ '1 ~!I 'f' dl f id J.! nl , , h. ~w l !,. ~~ ~~ g """'~Ilf'l'~tC ~ iG I Ii ~f , .h ;~ f ~ I II f IiI ~ ~~ o~ ..~ .1 n ~. !p ; .ii -j ~ . j"l h , ! III fl ')1 (.! Exhibit B . j J I I I @ ~~~ I 1< ~ . . 17C CONDITIONS OF APPROVAL MARCO ISLAND EXECUTIVE AIRPORT PE-PI.2009-260 I. The Parking Exemption approval shall be limited to that which is depicted on the site plan, prepared by Grady Minor, dated April, 2009, and identified as the "Marco Island Executi ve Airport Parking Exemption Site Plan," and 2. The Parking Exemption is limited to a maximum 0[71 spaces, comprised of 68 actual parking spaces and three loading and unloading spaces, The parking spaces shall only be used by employees and patrons of the Marco Island Executive Airport; and 3. The site plan noled is conceptual in nature for Parking Exemption approval. The final design must be in compliance with all applicable federal, slate, and county laws and regulations, and receive appropriate and required apprDvals thru aU federal, state and county agencies; and 4. The Department of Zoning and Land Development Review Director, or his designee may approve minor changes in the location and or siting of structures or improvements authodzed by tbis Parking Exemption, so long as these minor changes r~'main consistent with all applicable developmCl1t standards; and 5. Expansion of uses identified and approved within this Parking Exemption approval, or major changcs to the approved plan, shall require the submittal of a new conditional use application or an amendment to the PUD. The Parking lot use shall comply with all applicable County ordinances, including Chapler 10.02.03, of the Collier County Land Development Code, Ordinance 04-41, as amended, for Site Development Plan (SDP) review and approval; and 6. The parking lot shaIl not be used to store or park any vehicles or equipment for airport use, ulility or t',offmaintenance use; and 7. The airport authority shall post signs advising that the parking lot is for uSe by airport patIons ano employees only, Exhibit C CONDITIONS OF APPROVAL 7-2<.09 Page 1 of 1 17C ACCOUNT #068779 October 5, 2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 RE: PE-PL-2009-260, Marco Executive Airport Dear Legals: Please advertise the above referenced notice on Sunday, October 11, 2009 and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500096189 NOTICE OF PUBLIC HEARING 17C 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, October 27, 2009, 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 BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING PARKING EXEMPTION PETITION PE-PL-2009-260, IN ORDER TO ALLOW CONSTRUCTION OF A PARKING LOT WITHIN THE MARCO SHORES PUD, LOCATED IN SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Petition: PE-PL-2009-260, Collier County Airport Authority, represented by D. Wayne Arnold of Q. Grady Minor and Associates, P.A., is requesting a Parking Exemption pursuant to the Collier County Land Development Code Section 4.05.02.K.3. The parking exemption seeks approval to allow construction of a new parking lot within the residential PUD known as the Marco Shores PUD to serve employees and patrons of the Marco Island Executive Airport. Subject property is located on a 1t acre tract within Section 26, Township 51 South, Range 26 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 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 a disability who needs any accommodation in order to participate in the 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 17C DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) October 5, 2009 17C Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Q. Grady Minor & Associates D. Wayne Arnold, AICP 3800 Via Del Rey Bonita Springs, FL 34134 Re: Petition: PE-PL2009-260, Marco Executive Airport Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 27, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 11, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E, BROCK, CLERK ~ ~~.O~. Ann Jennejo~, Deputy Clerk Enclosure Phone (239) 252-2646 Website; www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com October 5, 2009 17C Dwight E. Brock Clerk of Courts Clerk of Courts Accountant Auditor Custodian of County Funds Collier County Airport Authority 2005 Mainsail Drive, Suite #1 Naples, FL 34114 Re: Petition: PE-PL2009-260, Marco Executive Airport Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 27, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 11, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E, BROCK, CLERK ~ I>uC-L~ ~( , Ann Jennejo~ - if-' Deputy Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email;collierclerk@collierclerk.com Ann P. Jennejohn 17G From: Sent To; Subject; Ann P. Jennejohn Monday, October 05,2009 1 :31 PM Naples Daily News Legals PE-PL-2009-260 Marco Executive Airport Hi again, Please advertise the attached on Sunday, October II, 2009. fW1;~ 132J PE-PL2009-260.doc PE-PL2009-260.doc Thank you, Ann Jennejohn Clerk to the Board Minutes and Records Department 239-252-8406 Fax: 239-252-8408 ann. ienne iohn@collierclerk.com 1 17C; Ann p, Jennejohn From; Sent; To; Subject; Attachments; Pagan, Emely [EPagan@Naplesnews.com] Tuesday, October 06,200910;13 AM Ann P. Jennejohn Ad Confirmation UASC92.jpg Thank you for placing your ad. Date 10/06/09 Publication NDN Ad Number 1819845 Total Ad Cost $279.44 Emely:D 1 NOTICE OF PUBLIC HEARING Notice I, hereby .~Iven that IheBo.ard of C01.Hlty (ommlssJone.rsj,a.s the Soard of Zoning Appeal" Of. .Coliler CQunty wlil hold 0 public hearing on Tuesday, "cto- ber 27, 20Q9, In tho B~ardtOOM), 3rd Floor, Admlnil'tration Building, C"liler County GoyernmentCerlter, 3301 East Tamlami Trail, Napl;>$, Florid. Thol11e.t"'9 will begln at 9:00 A,M. Th" tltlo of the pro- posed r.,ol"tion Is as follows: A RE~OLUTlON BY THE BOARD OF ZON- ING APPEALS OF COLLIER COUNTY. FLORIDA, GRANTiNG PARKiNG EXEMp. TlON PETiTION PE-pL-lOO9-26tl. IN ORDER TO ALLOW CON\>TRUCTION OF A PAIlKING LOT WiTHIN THE MARCO SHORES I'UD. LOCATED IN SECTION 26. TOWNSHIP 51 SOUTH. RANGE 26 EAST, COLLIER COUNTY. flORIDA. Petition: PE-PL-;10iJ09-26tl, ColI",.r County AirportA!.JtbQiity.r,eptes~rited by..' '0, Wayne Arhold of Q. Grady Minor and A'. soclates. P,A" is requestingi'LParklng Exemptlo.n pljr~uant,to,th@'Colli€.r County L.1nd D~vejcpmGnt Lod!::! SecHon 4:05,02X3: The: park 109 ewemptions€'e.ks dpproval to allowconstTuc;1ion ofa new parking lot within the r~sl.d&ntlal p'uO known as,the Marco Shores PUD to se,rve employe:er; and pauons otthe Marcols~ land EXEcutive Arrporl. Subject pfOperty Islocate;d on a 1z ac.I@tractwithin Set. I!on 26. Township S1 South, Range 26 East, Coilier County. Florida. NOTE' All Persons.,wls.h1ng to ,speak on any agenda hem must resis:te-r With th~ County AdminiSctrator: prior to pJese.nta. tion of lhe agenda item to b& addressed. Il1div'rdLlal sp@if,buswlllb@lImitedto.5 rnfmHes Dnany Itl:>(O. The- selectronofan nodividu211 tospe<1lkon behalf of an orga~ nization orgroupiseocouraged. If re,~ ognized by the ChaIr. a;spak;~pe.rson for ilgrpup ororganiz.ationmay be allotted 10 Dllnutes to speak on an ite-m; ~er~ans wbhing to have written or graph. Ie !ri.:JtE>rials indudep in the Boardagenda paCkE'h must "SubmIt said lTIate:tlal a min. Imum oi 3 :weekspriorta theJespertive pUblic he8ring~ln anY' case. wril~en ma- terials intendO!d to;b@ conslde(@dbythe Board shall b~s\Jbmitt~d toth@appropri- ate County s.taft a minimum ofs-ev.&n days (Jrior TO the public hearing. All mat@[Jal lJ$HI I n presentations before the Board will become a permanent panof the re. cQrd. 17e-- /\ny persan who cJeddes to;aPP@3Ia deti~ sion of the BoardwiU need a retordof the proceedings pertaining tt1ereto and thereforeJrnayneed to' ensure thala ver. batim record of the prQc~dil')Qlis madff;. which rHOI'd includestl1e. tBiitlmor)Y and eviden(li! upon which the appeal is ba-sed. If you fln~ .a person with a di5"bnit~who needs i.lny <1n:ammodalion in order to' particip.1te.in thepro,ceeding, ytlua(f,~en~ titled" at no cost to y:ou. to the provision of t:ertain assiSTance. Pleilse comact the Collier CClunty fadliti,es Managemen~De~ partment. located at3301' Tamiami Trail East, Building, W, Naples. Flofida34112~ 039} 252.8380. IIssisted ilstening devkes for the he.:lringimpaired are available in tl'leCDunty (ommiss[oners' Office. BOARD OF COU~lTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, nOf{IDA DONNA F~'\LA, CHAIRMAN DWIGHT E. BROCK, CLEf{K tiy: Ann Jennejohn, Deputy Clerk (SEAL) October 11,2009 No1819845 Naples Daily News Naples, FL 34102 17C Affidavit of Publication Naples Daily News --------------------------------------------------+--- PUBLISHED ON: 10/11 10/11 BCC/ZONING DEPARTMENT CLERK OF CIRCUIT CRT S AMMERMANN/FINANCE DEPT POBOX 413044 NAPLES FL 34101 REFERENCE: 068779 59592881 P.O. #4500096189 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. 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, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 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, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. AD SPACE: 101 LINE Sworn to and Subscribed before me this \5 -t~ day of Or \-~ 200Q Personally known by me .,01""'" "-;'fE\"" ""1/', KAROL E KANGAS ':;#1 f\~ ~ . : . ~ Notary Public. State 01 Florida ;':1 ?t/ My Comm. Expires Ju129, 2013 "'?~,'1f,:.\,.,,'.... Commission # 00 912237 17G I' MEMORANDUM Date November 2, 2009 To: Kay Deselem, Principal Planner Zoning and Land Development From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2009-256: Marco Island Executive Airport Parking Exemption Attached for your records please find one (I) copy of the document referenced above, (Agenda Item #17C) adopted by the Board of County Commissioners on Tuesday, October 27, 2009. The Minutes and Records Department has retained the original for the public record, If you should have any questions, please contact me at 252-8406. Thank you. Attachment (I) 17C 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 Office. The completed rOLlting slip and original documents arc to be forwarded to the Board omcc 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 infonnation needed. If the document is already complete with the excention of the Chairman's sil!nature, draw a line throulZh routine Jines # I throul!h #4, cOffinlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routine: order) I. Judy Puig CDES Administration ~ lol~1101 2. 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County k- IO{'l'{o, Commissioners 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 infonnation 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 Kay Deselem Contact Agenda Date Item was 10/27/09 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Resolution Number of Original Documents Attached 252-293 I 17C Yes (Initial) XV N/A (Not A Iicable) U1~ I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office ofthe 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 Chainnan 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 Chainnan and the Clerk to the Board The Chainnan's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is ap 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 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 Bee's actions are nullified, Be aware of our deadlines! The document was approved by the BCC on October 27, 2009, and all changes made during the meeting have been incorporated in the attached document, The County Attorne 's Office has reviewed the chaR es, if a licable. N/A XV XV XV XV 2. 3. 4. 5. 6. I: Forms! County Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 17C RESOLUTION NO. 09- 256 A RESOLUTION BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, GRANTING PARKING EXEMPTION PETITION PL-20090000260, IN ORDER TO ALLOW CONSTRUCTION OF A PARKING LOT WITHIN THE MARCO SHORES PUD, LOCATED IN SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection ofthe public; and WHEREAS, the County pursuant thereto adopted a Land Development Code (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions ofthe County; and WHEREAS, Section 4.05.02 of the Land Development Code sets forth requirements and standards for off-street parking and loading facilities and permits an exemption from these standards under certain circumstances; and WHEREAS, after proper notice, the Board of Zoning Appeals held a public hearing to consider Parking Exemption Petition PL-20090000260, which requests a Parking Exemption within the residential PUD known as the Marco Shores PUD, on a 1+/- acre tract which is located in Section 26, Township 51 South, Range 26 East and is more particularly described in Exhibit A, to allow construction of a parking lot to serve employees and patrons of the Marco Island Executive Airport as shown on the Site Plan attached as Exhibit B, and has found that the criteria set forth in Section 4.05.02.K.3. of the Land Development Code has been met and the Petition should be approved; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting and the Board having considered all matters presented. PE-PL2009-260 REV. 6/02/09 Page 1 of2 17C NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition PL-20090000260 filed by D. Wayne Arnold ofQ. Grady Minor and Associates, P.A., representing the Collier County Airport Authority, is approved to allow construction of a parking lot to serve employees and patrons of the Marco Island Executive Airport within the residential PUD known as the Marco Shores PUD, on a 1+/- acre tract which is located in Section 26, Township 51 South, Range 26 East and is more particularly described in Exhibit A, attached hereto and incorporated herein by reference. The parking lot shall comply with the Site Plan attached hereto and incorporated herein as Exhibit "B", and shall be subject to the conditions set forth in the attached Exhibit C. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. PASSED AND DULY ADOPTED by the Board of Zoning Appeals of Collier County, Florida, this ;:),7 #A.. day of () t.tvber ,2009. ATTEST: . DWIGHTE. BROCK, CLERK BOARD OF ZONING APPEALS COLLIE COUNTY, FLORIDA !: ' ! /. . ,-/-- . B . 't-:.)').,...._. ,.""//. ,;t_~ y . ~- DONNA FIALA, Chairman '" J{~O~~O= By~~ / \9--L'G..c . ~')t.,-.~ Vo .' .. Clerk .~",~.~ ~ .Afu]ro;~~/a&itlS.?otni: and legal<4uffkienc~:s;/ . IJ". ' ~\, ~7.;UW a~ ' ~~~\/o'\ fo,. Heidi Ashton.Cicko v Section Chief, Land Use/Transportation ltern# t 16 ~:da ~ =d ttfL,/rfi A:f Deputy Clark t. Attachments: Exhibit A . Legal Description Exhibit B - Site Plan Exhibit C . Conditions of Approval 09-CPS.00958/4 PE.PL2009-260 REV. 6/02/09 Page 2 of2 tit OR: 4395 PG: 1278 t*t EXHIBIT "A" That portion of Tract C, Marco Shores Unit One. a subdivision according to the Plat thereof as recorded in Plat Book 14. Pages 33 through 38, Public Records of Collier, Florida, more particularly described as follows: Beginning at the northeast comer of Tract "C"; thence along the east line of said Tract "C", South 11059'55" East, 332,93 feet to a point on the north right-of-way line of Mainsail Drive according to the plat of said Marco Shores Unit One; thence along said right-of-way line South 77"54'19" West 131.94 feet; thence leaving said right-of-way line North 12000'24" West 307,62 feet to a point on the boundary of said Tract "C"; thence along said boundary in the following two (2) described courses. Bearings are based on the a I Containing approximately o th 11059'55" Eas!. 1) North 24045'16" East 7,32 feet; 2} North 69"14'17" East 129.11 herein described. ~ .tllIk_~~~~M_th~ ~_~~~-aJ ~~:t~l~'mt ";"'1f;::fKW:;;:;7.mJ$r" .. _ ._.._"' _., _. _.. _., _,. _.. _.. _.. _.. _H _.. _. L~~!?TI.I'ill. !~.I"!,,b..Y.. _.. _.. _.. _.. _.. _" _. ._.._. ;;;- w~ "0 0" . ~!!! 0" Uo ~J ~~ OZ ~~ 1:[ <; w.. 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I : f , j @ d: 17C CONDITIONS OF APPROVAL MARCO ISLAND EXECUTIVE AIRPORT PE-PL2009-260 I. The Parking Exemption approval shall be limited to that which is depicted on the site plan, prepared by Grady Minor, dated April, 2009, and identified as the "Marco Island Executive Airport Parking Exemption Site Plan," and 2. The Parking Exemption is limited to a maximum of71 spaces, comprised of68 actual parking spaces and three loading and unloading spaces, The parking spaces shall only be used by employees and patrons of the Marco Island Executive Airport; and 3. The site plan noted is conceptual in nature for Parking Exemption approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations, and receive appropriate and required approvals thru all federal, state and county agencies; and 4. The Department of Zoning and Land Development Review Director, or his designee may approve minor changes in the location and or siting of structures or improvements authorized by this Parking Exemption, so long as these minor changes remain consistent with all applicable development standards; and 5. Expansion of uses identified and approved within this Parking Exemption approval, or major changes to the approved plan, shall require the submittal of a new conditional use application or an amendment to the PUD. The Parking lot use shall comply with all applicable County ordinances, including Chapter 10.02.03, of the Collier County Land Development Code, Ordinance 04-41, as amended, for Site Development Plan (SDP) review and approval; and 6. The parking lot shall not be used to store or park any vehicles or equipment for airport use, utility or golf maintenance use; and 7. The airport authority shall post signs advising that the parking lot is for use by airport patrons and employees only. Exhibit C CONDITIONS OF APPROVAL 7-22-09.doc Page 1 of 1