Backup Documents 05/26/2009 Item # 7A
7A
.1 AilI
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
xxx Normal Legal Advertisement Other:
(Display Adv., location. etc.)
*****************************************************************************************************
Originating DeptJ Div: CDES./Zonin2 Person:John-David Moss, AICP Date: n ~
Petition No. (If none, give brief description): V A-2008-AR-13977, McDonalds at Gulf Gate Plaza '7:IC.j 11 ~ j 0\
P""ion", (N..., & Add....)' CPH Engin_ A!bert Ln"." 2216 Altomon. M'., Fe My,~, FL 33901 . 3 );
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) McDonalds
USA, LLC, Tim Chess, 10150 Highland Manor Dr., Suite 470, Tampa, FL 33610
Hearing before BCC
BZA
Other
Requested Hearing date:
April 28. 2009
Based on advertisement appearing 15 davs 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: V A.2008.AR-13977. Tim Chess of McDonalds
USA, LLC, represented by Jeffrey Satfield of CPH Engineers, Inc., is requesting a Variance from the landscape requirements of
Land Development Code Subsection 4.06.02, Buffer Requirements, in the General Commercial (C-4) and Gateway Triangle Mixed
Use Subdistrict (GTMUD-MXD), to allow a modification of the required 7.5-foot wide buffer on the western side of the property;
and to reduced buffer widths on the property's northern side from 15 feet to ten feet, the eastern side from 7.5 feet to five feet, and
the southern side from 10 feet to five feet. The 0.86-acre subject property is located at 2886 Tamlami Trail East, in Section II,
Township 50 South, Range 25 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 Account Number: 068779
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Js-~ 3/'Z~/oC}
Date I .~
List Attachments:
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal 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
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
******.***..*************.**************.**************~******************************************.**
FOR CLERK'S 0 FIe USE ONLY:
D.to ""''''d,3 -3/ 0.-7 Dato of ""blio hoaring, lj / as Irl/ Date Adv,"!"d, $1 '1
7 A "1
RESOLUTION 09-
A RESOLUTION OF THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY RELATING TO
PETITION NUMBER V A-2008-AR-13977, FOR A
VARlANCE FROM THE REQUffiED LANDSCAPE
REQUIREMENTS OF LAND DEVELOPMENT CODE
SUBSECTION 4.06.02 LOCATED IN SECTION 11,
TOWNSHIP 50 SOUTH, RANGE 25 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 a variance from the landscape requirements
of Land Development Code Subsection 4.06.02 in the General Commercial (C-4) and
Gateway Triangle Mixed Use Subdistrict (GTMUD-MXD) zoning districts for the property
located at 2886 Tamiami Trail East in Section 11, Township 50 South, Range 25 East, Collier
County, Florida, 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 4.06.02 of said Land Development Code of Collier County; and
WHEREAS, all interested parties have been given opportWlity 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:
Page 1 of2
f' 7 A' .,
The Petition V A-2008-AR-13977 filed by Albert Lopez of CPH Engineers, Inc.
representing McDonalds USA, LLC, with respect to the subject property, be and the same
hereby is approved for a variance from the landscape requirements of Land Development
Code Subsection 4.06.02 in the General Commercial (C-4) and Gateway Triangle Mixed Use
Subdistrict (GTMUD-MXD) zoning districts wherein said property is located,
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2008-AR-13977 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, 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 form
and legal sufficiency:
Steven T. Williams .'
/"it,.,.r--..t t
Assistant County Attorney )~.l\l.'
Exhibits Attached:
A: Master Plan
B: Conditions
Page 2 of2
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CONDITIONS OF APPROVAL
V A-2008-AR-13977
March 3, 2009
1. The Variances approved are strictly limited to the landscape buffer width
requirements as depicted on the applicant's conceptual site plan, entitled "Site
Dimension Plan," prepared by CRH Engineers, Inc., dated February 11, 2009, as
further restricted below.
2. The five-foot buffer width Variance granted is limited to the northern, US-41
property boundary, as depicted in the "Site Dimension Plan" included as Exhibit A, to
allow a reduction of the 15-foot wide buffer requirement;
3. The 2.5-foot buffer width Variance granted is limited to the eastern property
boundary, as depicted in the "Site Dimension Plan" included as Exhibit A, to allow a
reduction ofthe 7.5-foot wide buffer requirement;
4. The 5-foot buffer width Variance granted is limited to the southern property
boundary, as depicted in the "Site Dimension Plan" included as Exhibit A, to allow a
reduction of the 10-foot wide buffer requirement;
5. The 7.5-foot buffer width Variance granted is limited to the western property
boundary, as depicted in the "Site Dimension Plan" included as Exhibit A, to allow
five, 10-foot minimum width landscape buffers.
6. All the plant materials required by the LDC for screening and buffering shall be
accommodated to the extent feasible in the modified and/or reduced width buffers'
respective areas, in locations to be approved by the County Landscape Architect.
7. Irrespective of that shown on the "Site Dimension Plan" included as Exhibit A, the
proposed use shall be required to comply with the Architectural and Site Design
Standards of LDC Section 5.05.08 and all other applicable regulations at the time of
site development plan (SDP) review and approval.
EXHIBIT B
~ 7 A
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ACCOUNT #068779
April 1, 2009
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: V A-2008-AR-13977: McDonalds at Gulf Gate Plaza
Dear Legals:
Please advertise the above referenced notice on Sunday, April 12, 2009 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
~ 7 A
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NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of County Commissionersr as
the Board of Zoning Appealsr of Collier County will hold a public
hearing on Tuesday, April 28, 2009, in the Boardroomr 3rd Floorr
Administration Buildingr Collier County Government Center, 3301
East Tamiami Trailr 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, FLORIDAr RELATING TO PETITION NUMBER VA-2008-AR-
13977, FOR A VARIANCE FROM THE REQUIRED LANDSCAPE
REQUIREMENTS OF LAND DEVELOPMENT CODE SUBSECTION 4.06.02
LOCATED IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST IN
COLLIER COUNTY, FLORIDA.
Petition: VA-2008-AR-13977, Tim Chess of McDonalds USA, LLC,
represented by Jeffrey Satfield of CPH Engineersr Inc'r is
requesting a Variance from the landscape requirements of Land
Development Code Subsection 4.06.02r Buffer Requirements, in the
General Commercial (C-4) and Gateway Triangle Mixed Use
Subdistrict (GTMUD-MXD) r to allow a modification of the required
7.5-foot wide buffer on the western side of the property; and to
reduced buffer widths on the propertyrs northern side from 15 feet
to ten feetr the eastern side from 7.5 feet to five feet, and the
southern side from 10 feet to five feet. The 0.86-acre subject
property is located at 2886 Tamiami Trail East, in Section 11,
Township 50 Southr Range 25 Eastr Collier CountYr 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 Chairr 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 caser
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 thereforer may
need to ensure that a verbatim record of the proceedings is mader
which record includes the testimony and evidence upon which the
appeal is based.
7 A "1
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
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAL)
~7 A 't..~
April 1, 2009
Al bert Lopez,
CPH Engineers
2216 Altamont Ave.
Ft. Myers, FL 33901
RE: V A-2008-AR-13977; McDonalds at Gulf Gate 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, April 28, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, April 12, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Polaski,
Deputy Clerk
Enclosure
~ 7 A
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April 1, 2009
Tim Chess,
McDonalds USA, LLC
10150 Highland Manor Drive, Ste. 470
Tampa, FL 33610
RE: V A-2008-AR-13977; McDonalds at Gulf Gate 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, April 28, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, April 12, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Polaski,
Deputy Clerk
Enclosure
April 1, 2009
{~en~~ty~:'p~f-eQllier
t.,"N.", \
CLERK OF THE C~RCtJIT COURT
COLLIER COUNTY1?UR1\H.OUSE
3301 TAMIAMI L'~IL EAST
p.D. BOX 413044 !
NAPLES, FLORIDA l,41O 1-3Q44
J\.;
'~'~'f"\
~. 7 A
'1
Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
;.~;~i__ .,.J
Albert Lopez,
CPH Engineers
2216 Altamont Ave.
Ft. Myers, FL 33901
RE: V A-2008-AR-13977; McDoDalds at Gulf Gate 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, April 28, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, April 12, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
April 1, 2009
~_._____c\
'1~nij:~'9f€qllier
CLERK OF THE 'C;IRCtTIT COURT
COLLIER COUNTY COURTHOUSE
3301 TAMIAMI 4AIL EA.ST
P.O. BOX 4\,3044 \
NAPLES, FLORIDA~4101-3044
lp.' '
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tt:I 7 A
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Dwight E. Brock
Clerk of Courts
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
<;:'~,/j
Tim Chess,
McDonalds USA, LLC
10150 Highland Manor Drive, Ste. 470
Tampa, FL 33610
RE: V A-2008-AR-13977; McDonalds at Gulf Gate 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, April 28, 2009, as indicated on the enclosed notice. The legal
notice pertaining to this petition will be published in the Naples Daily News
on Sunday, April 12, 2009.
You are invited to attend this public hearing.
Sincerely,
DWIGHT E. BROCK, CLERK
Teresa Polaski,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Teresa L. Polaski
~. 7 A
I ..
To:
Subject:
legals@naplesnews.com
V A-2008-AR-13977
Attachments:
V A-2008-AR-13977 .doc; V A-2008-AR-13977 .doc
Legals,
Please advertise the following on Sunday, April 12, 2009. Thanks
VA-2008-AR-1397 VA-2008-AR-1397
7.dec (28 KB) 7.dec (29 KB)
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po las ki@collierclerk.com)
1
t 7 A
Teresa L. Polaski
From:
Sent:
To:
Subject:
postmaster@collierclerk.com
Wednesday, April 01, 20098:30 AM
Teresa L. Polaski
Delivery Status Notification (Relay)
Attachments:
ATT165311.txt; VA-2008-AR-13977
1;:.,..~:"1
~
F:"-:71
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ATT165311.txt VA-2008-AR-1397
(231 B) 7
This is an automatically generated Delivery Status Notification.
Your message has been successfully relayed to the following recipients, but the requested
delivery status notifications may not be generated by the destination.
legals@naplesnews.com
1
V A-2008-AR-13977
i
Page 1 of 1
7A
'''1
Teresa L. Polaski
From:
Sent:
To:
Pagan, Emely [EPagan@Naplesnews.com]
Wednesday, April 01, 20099:57 AM
Teresa L. Polaski
Subject: RE: VA-2008-AR-13977
ok
From: Teresa L. Polaski [mailto:Teresa.Polaski@collierclerk.com]
Posted At: Wednesday, April 01, 2009 8:29 AM
Posted To: Legals - NDN
Conversation: VA-2008-AR-13977
Subject: VA-2008-AR-13977
Legals,
Please advertise the following on Sunday, April 12, 2009. Thanks
<<V A-2008-AR-13977 .doc>> <<V A-2008-AR-13977 .doc>>
Teresa L. Polaski, BMR Clerk III
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-8411
239-252-8408 fax
(T eresa.Po laski@collierclerk.com)
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.
4/1/2009
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,;. 7 A
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Teresa L. Polaski
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Wednesday, April 01,200912:38 PM
Teresa L. Polaski
Ad Confirmation
Attachments:
UAS39F .jpg
!iI
UAS39F.jpg (93
KB)
etition: VA-2008-AR-13977
Ad Number
Total Ad Cost
1790485
$462.62
Thank you for placing your ad.
Emely Pagan
213-6061
1
NOTICE OF PUBLIC HEARING
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 Tues-
d~Y1 April 28.2009. in the B.oardroom. 3rd Floor. Ad"
ministration BuIlding. Collier County Government
Center. 3301 East Tamiami Trail. Naples. Flor1da.
The meeting will b~ln at 9:00 A.M. The title of the
proposed resollltion IS as follows:
A RESOLUTION OF THE BOARD OFZONING APPEALS
OF COLLIER COUNTY, FLORIDA. RELATING TO PETI-
TiON NUMBER VA.2008"AR.13977. FOR A VARIANCE
FROM THE REQUIRED LANDSCAPE REQUIREMENTS
OF LAND DEVECOPMENT CODE SUBSEctiON 4.06.02
LOCATED IN SECTION 11, TOWNSHIP 50 SOUTH.
RANGE 25 EAST IN COLLIER COUNTY. FLORIDA.
Petition: VA-2008-AR-13977. Tim Chess of McD<)n-
aids USA. LLC. represented by Jeffrey Satfleld of
CPH Engineers. Inc., is reqllestlng a Variance from
the landscape requlreITIentsof Land Development
Code Subsection 4.06.02. Buffer Requirements. in
the General Commercial (C-4) and Gateway Trian-
gle Mixed Use Subdistrict (GTMUD. MXD). to allow a
modification of the required 7.5-foot wide buffer on
the western side of the property; and to reduced
buffer wldths 011 the property's northern side from
15 feet to ten feet. the eastern side from 7.5 feet to
five feet, and the southern side from 10 feet to five
feet. The 0.86. acre subject property is located at
2886 Tamlaml Hall East. in SectIon 11. Township 50
South. Range 25 East. Collier CO\.Hlty, 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 bead-
dressed. Individual speakers wtll be Ilmlted t05
minutes on any item. The selection of an individual
to speak on behalf' of an org.8n lzation Dr group is
encouraged. If recognized by the Chair. aspokes-
person for a group or organization may be allotted
10. minutes to speak on an item.
Persons wishing to have written or graphlc materi-
as incl uded In the Board agenda paCkets must
submit said material a minimum of 3 weeks prior to
the I'espectlve public hearing. Inany ease. written
materials intended to be considered by tl1eBoard
shall be swbm'rtted to the appropriate Cauf'lty staff
a minimum of seven days prior to the public hear-
lng. All material used in presentations before the
Board will become a pemlanent part of the record.
Any person who decides to appeal a decision of the
Board will need a record of the proceedings per-
taining 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 1n order to partiCipate in this pro~
c:eedlng, you are entitled. at no c.ost to you. to. the
provision of Certain assistance. Please contact the
Collier County Facilities Management Dep'artment.
locate. d at 3301 Ta.'l1iami .Tr. ail East...B. Ullding W.
Naples, Florida 34112. <2391252-8380;. Asslste<llls-
tefling devices for the nearing impaired are avail-
able In the County Commissloners'Offlce.
7A
"1
BOARD OF COUNTYCOMMISSfONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
DONNA FlAL.A.CHAIRMAN
DWIGHT E. BROCK. ClERK
By: Te.resa POlaski. Oeputy Clerk
(SEAL)
April 12
No.1190485
-,-----,,-,__,__ Il'"
7A
Patricia L. Mor~an
From:
Sent:
To:
Cc:
Subject:
MossJ ohndavid [JohndavidMoss@colliergov. net]
Tuesday, April 28, 2009 8:50 AM
Ashton, Heidi; Bellows, Ray; Bonham, Gail; Brock, Mary; RollinsCheri; Filson, Sue;
IstenesSusan; Klatzkow, Jeff; LeaSandra; Minutes and Records; Puig, Judy; RamirezHeather;
WilliamsSteven; WrightJeff
SchmittJoseph
McDonald's VA 13977
This Summary Agenda item was continued at this morning's BCC to the May 12th hearing date.
Thanks!
Jofin-(j)avicf :Jvloss, AICP
Principal PlannerlUrban Design Planner
Zoning & Land Development Review
Community Development & Environmental Services
2800 N. Horseshoe Drive, Naples, FL 34104
tel. 239.252.4237
fax 239.252.6968
Patricia L. Morgan
"'7 A
From:
Sent:
To:
MossJohndavid [JohndavidMoss@colliergov.net]
Thursday, April 30, 2009 2:30 PM
Ashton, Heidi; Bellows, Ray; Bonham, Gail; Brock, Mary; Cheri Rollins; Filson, Sue;
IstenesSusan; Klatzkow, Jeff; LeaSandra; Minutes and Records; Puig, Judy; RamirezHeather;
WilliamsSteven; WrightJeff
McDonald's VA 13977
Subject:
This item was scheduled for the May 12 BZA. It is now being continued to the May 26 date.
Thanks,
Jofin-(j)avid 9v1.oss, AICP
Principal PlannerlUrban Design Planner
Zoning & Land Development Review
Community Development & Environmental Services
2800 N. Horseshoe Drive, Naples, FL 34104
tel. 239.252.4237
fax 239.252.6968
NAPLES 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 Susan Rogge, who on oath says that she serves as
the Vice President of Finance 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 Aprillth, 2009.
times in the issue
Affiant fUl1her says that the said Naples Dally News IS a lleWSpapCI
published at Naples. III said ('oilier County. Flonda, and that the said
newspaper has heretofore been contllluously published III said ('ollicl
County. Florida; llistnbutcd 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 County, Florida, for a penod of I
year next preceding the IIrst publication of the attached copy of
adve . elllent; and affiant t'urthersays that he has neither pa.d nor
pro ed any person, finn or corporat.on any discount, rebate,
com ission or refund lor the purpose of securing this advertlselllent for
pu cation in ~ ne'P}1L (to,
( Signature of affiant)-----~
Sworn to and subscribed before me
This 16th day, of April 2009
CJ'Q...'\, ~___GLfn~~~A'-L.
(Signature of notary public) . MCOON/>.LD
....,.,. CH/>.NEL f\, 650475
./,j..t1....:."i'./~..>: CommisSIon DOg 20~ ~
"~' .:,1~ E)(.?i;~,Su~~~~~"s~ra"se eaG3e51G 18
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,( QRfGI~A:L~POCUNlENtS CHECKLIST & ROUTING s'" A .~ tl
'r .TO AC(;QMPANY A~L OR.lGINAL bOCUMENTS SENT TO ..,..-,
.. THE BQARnPFCPVNT:;y CO~MlSSIONERS OFFICE FOR SIGNATURE
Print on pink paper,#\ttach to original do~qit:Origina} documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to titforwardl:d to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si ature, draw a line throll routin lines #1 throu #4 com lete the checklist, and forward to Sue Filson (line #5.
Route to Addressee(s) Office Initials Date
List in routin order)
1.
2.
t
dlYl ',Y)\~-he(
3.
4.
5. Sue Filson, Executive Manager
Board of County Commissioners
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 BCe Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
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Agenda Date Item was
A roved b the BCC
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Attached
6. Minutes and Records
Clerk of Court's Office
If .1-- '?:> '?
71t
f.tJ /) f- .~
N/A (Not
A licable)
Phone Number
Agenda Item Number
Num ber of Original
Documents Attached
r
1: 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
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In most cases (some contracts are an exception), the original document and this routing slip
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2.
3.
4.
5.
6.
MEMORANDUM
Date:
May 29,2009
To:
John-David Moss, Principal Planner
Zoning and Land Development Review
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Resolution 2009-140: V A-2008-AR-13977 - McDonalds
Enclosed please find one (1) copy of the document as referenced above,
(Agenda Item #7 A), which was adopted by the Board of County
Commissioners on Tuesday, May 26, 2009.
If you have any questions, please call me at 252-8411.
Thank you.
Enclosure
1 7 A "i
7A
RESOLUTION 09- 1 40
-
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY RELATING TO PETITION NUMBER V A-
2008-AR-13977, FOR A VARIANCE FROM THE REQUIRED
LANDSCAPE REQUIREMENTS OF LAND DEVELOPMENT
CODE SUBSECTION 4.06.02 LOCATED IN SECTION 11,
TOWNSHIP 50 SOUTH, RANGE 25 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 a variance from the landscape requirements of Land
Development Code Subsection 4.06.02 by reducing the minimum IS-foot Type "D" buffer width to
10 feet on the property's northern boundary; by reducing the minimum 7.5-foot Type "A" buffer
width on the eastern side to 5 feet; by reducing the minimum 10- foot Type "D" buffer width on the
southern side to 5 feet; and by modifying the minimum 7.5-foot wide Type "A" buffer requirement
on the western side of the property by proving five separate 10-foot wide landscape islands in the
General Commercial (C-4) and Gateway Triangle Mixed Use Subdistrict (GTMUD-MXD) zoning
districts for the property located at 2886 Tamiami Trail East in Section 11, Township 50 South,
Range 25 East, Collier County, Florida, 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 4.06.02 of said Land Development Code 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.
Page 1 of2
7A
NOW, THEREFORE, BE IT RESOLVED BY The Board of Zoning Appeals of Collier
County, Florida, that:
The Petition V A-2008-AR-13977 filed by Albert Lopez ofCPH Engineers, Inc. representing
McDonalds USA, LLC, with respect to the subject property, be and the same hereby is approved for a
variance from the landscape requirements of Land Development Code Subsection 4.06.02 by
reducing the minimum IS-foot Type "D" buffer width to 10 feet on the property's northern boundary;
by reducing the minimum 7.5-foot Type "A" buffer width on the eastern side to 5 feet; by reducing
the minimum 10-foot Type "D" buffer width on the southern side to 5 feet; and by modifying the
minimum 7.5-foot wide Type "A" buffer requirement on the western side of the property by proving
five separate 10- foot wide landscape islands all of which is located in the General Commercial (C-4)
and Gateway Triangle Mixed Use Subdistrict (GTMUD-MXD) zoning districts.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-2008-
AR-13977 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this
()fo
day
of
{f}~
,2009.
,
BOARD OF ZONING APPEALS
COLL~OUNTY'FL07D~
By:. ~~~
DO A FIALA, Chairman
ATTEST; c.y,..,
DWJ~li,:;:a~K, Clerk
;~ c~
Approved as to form
and legal sufficiency:
>>-~7. wfl
Steven T. Williams '."'oJ~.JV.D"
Assistant County Attorney
Exhibits Attached:
A: Master Plan
B: Conditions
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CONDITIONS OF APPROVAL
V A-2008-AR-13977
April 4, 2009
Staff recommends that the CCPC forward Petition V A-2008-AR-13977 to the Board of
Zoning Appeals (BZA) with a recommendation of approval, subject to the following
conditions:
1. The Variances approved are strictly limited to the landscape buffer width
requirements as depicted on the applicant's conceptual site plan (Exhibit A), entitled,
"Site Dimension Plan, prepared by CPH Engineers, Inc., dated December 2008, as
revised through February 11, 2009; and as further depicted in the landscape plan,
entitled "McDonald's, Naples, Collier County, Florida" dated April 1, 2009 (Exhibit
A-I), as further restricted below.
2. The five-foot buffer width Variance granted is limited to the northern, US-4I
property boundary, as depicted in the conceptual site plan included as Exhibit A, to
allow a reduction of the IS-foot wide buffer requirement;
3. The 2.5-foot buffer width Variance granted is limited to the eastern property
boundary, as depicted in the conceptual site plan included as Exhibit A, to allow a
reduction of the 7.5-foot wide buffer requirement;
4. The 5-foot buffer width Variance granted is limited to the southern property
boundary, as depicted in the conceptual site plan included as Exhibit A, to allow a
reduction of the 10- foot wide buffer requirement;
5. The 7.5-foot buffer width Variance granted is limited to the western property
boundary, as depicted in the conceptual site plan included as Exhibit A, to allow five,
1 O-foot minimum width landscape buffers.
6. All the plant materials required by the LDC for screening and buffering shall be
accommodated to the extent feasible in the modified and/or reduced width buffers'
respective areas, in locations to be approved by the County Landscape Architect.
7. Irrespective of that shown on the conceptual site plan included as Exhibit A, the
proposed use shall be required to comply with the Architectural and Site Design
Standards of LDC Section 5.05.08 and all other applicable regulations at the time of
site development plan (SDP) review and approval.
EXHIBIT B
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