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Backup Documents 04/14/2009 Item #17C 17C 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.llocation, etc.) ~********************************************************~*******.********~*ro*~************* Originating DeptJ Div: Comm.Dev.scrv./Planninl! Person: Nancy GUnll.~AICP Date:? ~ VI Petition No. (If none, give brief description): SV-2008-ARk) 3665, Port Of The Islands - South Petitioner: (Name & Address):Robert Duane, AICP, Hole Montes, Inc., 950 Encore Way, Naples, FL 34110 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Port Of The Islands Community Improvement District, c/o Severn Trent Svs., 5726 Corporation Cir., Ft. Myers, FL 33905 Hearing before Bee BZA Otber Requested Hearing date: Aori114.2009 15Rr~r Based on advertisement appearing-1'\1Oays 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: SV-2008-AR-13665, Port of the Islands Community Improvement District, represented by Robert L. Duane, AICP, of Hole Montes, Inc. is requesting a Sign Variance from LDC Subsection 5.06.04 C.16.b,i. which allows a maximum sign area of 12 square teet to allow a 64-square foot off-premise sign at the Port of the Islands. The subject property is located in the Port of the Islands at the intersection of Tamiami Trail East (U.S. 41) and Newport Drive in Section 9, Township 52 South, Range 28 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes PO Number: 4500096189 for Account: 068779 No If Yes, what account should be charged for advertising costs: Reviewed by: ~A~~ \ ~ . ./';~-rrl'S~ Di41sion Administrator or Designee ~Y'I /09 Da I List Attachments: 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 (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 B. 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 01 Public hearing: ~ Date Advertised: BJ rq I f>1 17 C ~ Ann P. Jennejohn To: Subject: Ram irezHeather RE: SV-2008-AR-13665 Port of the Islands "South" -----Origina[ 'Message----- 'From: 'i{amirez:J{eatfier [m"'{to::lfeatlier'l(amirez@co[[iergo~, net] Sent: 'TuCSl[ay, 'Marcli 17, 2009 11: 17 }I'M 'To: }lnn ,p, Jennf[ofin Su6Ject: 'i{r,E: S'l/-2008-}l'lH3665 l1)ort of tlie Islanas ':Soutli" ao tfiem a[115 aays }luo, wfiat is tlie latest I can get an aa to you to advertise for }lpri114tli? I liaove one more tliat will possi6[y come to you, 'From: }Inn P. Jennejofin [mai[to:}lnI1.Jennejolin@co[[ierclerf(com] Sent: 'fue3/17/2009 8:33 )I'M 'fa: 'Rgmire:c:Xeatlier Cc: C;unalacliNancy Su6ject: S'()-2008-}l'i(-13665 Port of tlie Islands ':Soutli" C;ooa'Moming e1, J{appy St, Patty's (Day! Quictquestion for you, 'We reCflvea tfie tliree sign variance legal aas, {PetitlOn}l'i{;-13665 lias a request of aavertlsement notice for 10 aays 6efore tlie}lpri[ 14tli 'Meeting; tlie otlier two Port of tlie Islanas Petitions are for 15 aay notices, Cou[cf you please just confirm tlie (num6er oj) days notice for }I'i{;-13665 so it runs on tlie riglit date? 'ITianfi.you! }Inn Jennejofin Clert to tlie (BCe :Minutes ,,;Z: 'Rfcoras ([)epartment 239-252-8406 ('FCDG' 239-252-8408) ann)ennejolin@co[fierclerf(com 17C1 RESOLUTION NO. 09-_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR-13665, GRANTING A VARIANCE FROM SECTION 5.06.04.C.16.b.i. OF THE LAND DEVELOPMENT CODE, CONCERNING MAXIMUM SIGN AREA, WHICH SIGN IS LOCATED AT PORT OF THE ISLANDS AT THE INTERSECTION OF TAMIAMI TRAIL (U.S. 41) AND NEWPORT DRIVE IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 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, Port of the Islands Community improvement District, seeks to alter the signa.ge on the property to have a larger sign; and WHEREAS, Petitioner wishes to have a sign with an area of 64 square feet located about its property; and WHEREAS, without a variance, Petitioner cannot have an off-premise sign with an area greater than 12 feet; and WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due notice made, and has considered the advisability of granting this variance; 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 Page I of2 ___'___.~"__'_;'_~'._'__'_<~,"""",_.,,,..,,,_,,~.,_____._.r'_ m._'~^,"_.'__'~_ __.__...,_"_.~,_~._ 17 C ' WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that the Board hereby approve a variance from LDC Section 5.06.04.C.16.b.i, to allow a sign with an area of 64 square feet, as shown in attached Exhibit "A", the text, including content, font and size, of which is not limited by the instant variance, as filed by Robert 1. Duane of Hole Montes, Inc., on behalf of the Petitioner, Port of the Islands Community Improvement District, concerning the subj ect property located in the Port of the Islands at the intersection of Tamiami Trail East (U.S. 41) and Newport Drive in Section 9, Township 52 South, Range 28 East, Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2008-AR-13665 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 COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: ~7W'~ Steven T. Williams Assistant County Attorney Exhibit "A": Sign Depiction Page 2 of2 ~ Ie i I ---- i I i i I o 1 I i I I l r I I I ' , I I . I . I I ! L__~ \ , CD If) ('l/Y1fJ /ffYfJIIYJ ./JU lIS) III ;{J1ff 911 ~ . o ~~ ~t :r: >< w MIc.J,. EXHIBIT A Page 1 of 2 , (Y) (Y) ~ ru N 4- o N Q) . 0>>< mO) 0....... <(a ..... .- .- (j) ..0_ :em x ::J UJo 0) m 0)'-- (J)J2 .l!:! o z 17C '~ o o ~ co o o - - ~ Dr<) o o ~>- II -' , ::J ~..., o If) w ..... <t o o o ~ 17C" I, !AlZ;i. EXHIBIT A Page 2 of 2 ~ I\) -1 \S s::: :::l o L ~ 17C tt. .. ~ NDN #068779 March 17, 2009 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: SV-2008-AR-13665: Port of the Islands - South Dear Legals: Please advertise the above referenced petition on Sunday, March 29, 2009 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500096189 NDN #068779 17C '~ 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 Tuesday, April 14, 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 OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR- 13665, GRANTING A VARIANCE FROM SECTION 5.06.04 C.16.b.i. OF THE LAND DEVELOPMENT CODE, CONCERNING MAXIMUM SIGN AREA, WHICH SIGN IS LOCATED AT PORT OF THE ISLANDS AT THE INTERSECTION OF TAMIAMI TRAIL (U.S.41) AND NEWPORT DRIVE IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. Petition: SV-2008-AR-13665, Port of the Islands Community Improvement District, represented by Robert L, Duane, AICP, of Hole Montes, Inc" is requesting a Sign Variance from LDC Subsection 5.06,04 C,16,b,i" which allows a maximum sign area of 12 square feet to allow a 54-square foot off-premise sign at the Port of the Islands, The subject property is located in the Port of the Islands at the intersection of Tamiami Trail East (U.S. 41) and Newport Drive in Section 9, Township 52 South, Range 28 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 Oh 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, 17C 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 DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts eo~ptyof C:ollier , ."/ CLERK OF THE ClRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI Tl,l.AIL EAsT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 17G Clerk of Courts Accountant Auditor Custodian of County Funds March 17,2009 Severn Trent Services Port of the Islands Community Improvement District 5726 Corporation Circle Ft. Myers, FL 33905 Re: SV -2008-AR-13665: Port of the Islands "South" Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 14, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 29, 2009. You are invited to attend this public hearing, Sincerely, DWIGHT E. BROCK, CLERK ~~O(. Ann Jennejofrd, De~uty Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com Dwight E. Brock Clerk of Courts eONp!yofCollier CLERK OF THE C{RCtJIT COURT COLLIER COUNTY 'cOURTHOUSE 3301 TAMIAMI T~IL EAsT PO. BOX 4\3044 NAPLES. FLORIDA 34101-3044 17C Clerk of Courts Accountant Auditor Custodian of County Funds March 17,2009 Hole Montes, Inc. Robert L. Duane, AICP 950 Encore Way Naples, FL 34110 Re: SV-2008-AR-13665: Port ofthe Islands "South" Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 14, 2009, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 29, 2009. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK ~ Jx~cJL 1).( . Ann JennejohQDep~ Clerk Enclosure Phone (239) 252-2646 Website: www.collierclerk.com Fax (239) 252-2755 Email: collierclerk@collierclerk.com 17C Ann P. Jennejohn To: Subject: 'Iegals@naplesnews.com' SV-2008-AR-13665 Port of the Islands (South) SV -2008-AR-13665.doc; SV -2008-AR-13665.doc Attachments: Please advertise the attached on Sunday, March 29, 2009. ~ ~ Thank you, SV-2008-AR-13665. doc (28 KB) SV-2008-AR-1366S, doc (30 KB) Ann J ennejohn Clerk to the Board Minutes & Records Department 239-252-8406 (Fax: 239-252-8408) onn,j ennej 0 hn@collierclerk.com 1 17 C Ann P. Jennejohn From: Sent: To: Subject: postmaster@collierclerk.com Wednesday, March 18, 2009 11 :06 AM Ann P. Jennejohn Delivery Status Notification (Relay) Attachments: ATT156983.txt; SV-2008-AR-13665 Port of the Islands (South) .':"1 ~ [J ATT156983.txt (231 B) 5V-2008-AR-13665 Port of the I... fie f 'I1iis is an automatica ry generatea {DeHvery Status ']{otification. 'Your message lias 6een successJuCfy reCayed to tliefoCCowing recipients, 6ut tlie requested deHuery status notifications may not 6e generated 6y tfie destinatiolL CegaCs@napCesnews.com 1 SV-2008-AR-l3665 Port of the Islands (South) Page 1 of 1 17C Ann P. Jennejohn From: Panciera, Angela [AMPanciera@Naplesnews.com] Sent: Wednesday, March 18, 2009 11 :58 AM To: Ann P. Jennejohn Subject: RE: SV-2008-AR-13665 Port of the Islands (South) Ok received Thank You, Angela Panciera Inside Sales Representative Naples Daily News 1075 Central Ave. Naples, FL 34102 ampanciera@naplesnews.com Phone: 239-435-3418 Fax: 239-263-4754 From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com] Posted At: Wednesday, March 18, 2009 11:06 AM Posted To: Legals - NDN Conversation: SV-2008-AR-1366S Port of the Islands (South) Subject: SV-2008-AR-13665 Port of the Islands (South) Please advertise the attached on Sunday, March 29, 2009. Thank you, <<SV -2008-AR-13665.doc>> <<SV-2008-AR-13665.doc>> Ann J ennejohn Clerk to the Board Minutes & Records Department 239-252-8406 (Fax: 239-252-8408) ann.j ennej 0 hn@collierclerk.com Under Florida Law, e-mail addresses are public records. If.vuu 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 3/18/2009 17C . / Ann P. Jennejohn From: Sent: To: Subject: Panciera, Angela [AMPanciera@Naplesnews.com] Wednesday, March 18,200912:15 PM Ann P. Jennejohn Ad Confirmation Attachments: UASAF3.jpg ~ UASAF3.jpg (24 KB) ere is tlie notice tfiat wire 6e running on Sunday 'Marcli 29. 'lliankyou for pCaring you r ad: Vate 03/18/09 pu6Cication :NDJ{ jldJ{um6er 1786920 'lOta{jld Cost $478.10 'Ilianli,you, jl ngeCa Panciera 239-435-3418 Affidavit of Publication Naples Daily News ----------------------------------+------------------------ NOTlC[ O'''''8LlC 1iE"'!lII1'ii }.i Notice Is hereby given ttlat the '''l-diofcit';~, co_l_ "lho_":~~'~ conter, COUnty Witt hOkI~I:'Ol '" 0111_. d.. ~1" In\fle. . _.Ad' mlnlot..lIon ~hl" cot . .llo... ..... ...nt C"".... _ bI~T . I, , florid.. ,."._wl" at_. . ...... ......,.odrif_..~ . .' A . 011 ~APPEAI.S 01' LATINO' TO PFfI. ;I , GA,tI ~ AT PORT 01' 1$. ". 'OF=MI I~ ..411 SE 'T. HIP 51 soum !IAN ~; cown COUNTY, flORiDA,' \' "-"'_};"';.- ,'_ ,;.' .. . . ..)', "'~' .... '..... Petitlon:5Y. ' ' m munltY-I" ,- (.:JW \..lh.ne.,,~," , . rn:. . SIll!l'V '"' . on . · · C.l6.b.. .1.~.Wh.'. ... . .....-..M. .0112 ~!!' '~..'fD -lSe m.:r1r\'1'.:~o1" .. . at = ll.~"l.T._M.'_T.OJI!f1I.,. '. '.,WII1I:'=cre E....CO"""~~,'~ .... . NQTE.A" __ _ to~......_nda It"", _ ~_lot'''NlJftlo. ....._ to, Ortorto MJ _1!>1lo:ld. ttre.ie4"\ ' ' , , ' ", -~~ ,to 3 ! min. ~ on aoY Item;- '. "~.. 'of.. .~.an... IndI Y I.due. I I ~~~ n"" . ._....~ ~~_... _\>"o~Oi\id 1,O~S,to~~:(Q't":",,, _', ',.' ........ \....~.....!t!lIIorI:m:J. lIle_ : ..._~ matals ,..._ .. be =$lIlellOal'd _'ba'.U_~ staff ',8 mmlmum of;.' ,,: .'thti. Ie hear- 1hG- All ma~ 'IS _a the SOard,I"H1boC:lnla'* , ~ lIle_, ;'irj. y.'~"".rao..n._h.' -" .'. "".if] to' -." a..."..lon., thO, w...... IWlI .- . "". rli', " ' , '" , '-II ~.~ . ,15, ond .~__a~lIIYwho _any a' . IOn In ..... to Pat1l<!_ Ir\ thl, p(O- '~~ . ..~~~..:: =B... rfj.l .... .'~~. t:f5.! t.n,...1 J:: l(l/ ~.. " , . ...... avail. ""'''' .. CoUntY ... . ' . ~~.G 20()C, OJn Lv~'t~ ~ ~~ ... -''f~'.''.'~'' f..l L.. . vlCDm~ALL: ;..'A .~;, Commission DD 650475 ~;?;'~L/~J Expires June 29, 2011 ",f...?;::~}t-' f,nndq'l Thc" rml' ~A'n ~M~f~nc~ B(l()-~R5-70;9 Naples Daily News Naples, FL 34102 BCC/ZONING DEPARTMENT S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE NAPLES FL 34101 CIRCUIT COURT REFERENCE: 068779 59567510 PO #4500096189 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance 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 News is a newspaper published at Naples, in 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. Daily said PUBLISHED ON: 03/29 03/29 AD SPACE: FILED ON: 170 LINE 03/30/09 Signature of - - - - - - - - - - - - - - - - - - - - - - D,-;' - -77 _~ - - - - - +- Afflant /Jvf/l IYI /VVqq<- Subscrlbed before me thls ~(~ (~y of c.. X\C\....\.d,).. Sworn to and Personally known by me 17C .-~ =.u,f1ALA.' -;~ &~hn, M...,. . ..(; No. 17'11II20' 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 document~ should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the execution of the Chairman's sie.nature, draw a line through routine. lines #1 through #4, complete the checklist, and forward to Sue Filson line #5). Route to Addressee( s) Office Initials Date (List in routing order) l. Judy Puig CDES Administration ~ ~ I~ I Utj 2. vv 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bce 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 BCC office only after the BeC has acted to approve the item. Name of Primary Staff Nancy Gundlach Contact Agenda Date Item was April 14, 2009 A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Resolution Number of Original Documents Attached 239-252-2484 17.C. Yes Initial) N!A (Not A licable) "Q3 1. 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 Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and 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 office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. B a e f our deadlines! The document was approved by the BCC 0' enter date) and all changes made during the meeting have been incorporate in th attached document. The Count Attorne 's Office has reviewed the chan es, if a Hcable. . h, 1: Forms! County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. 17C MEMORANDUM Date: April 17, 2009 To: Nancy Gundlach, Principal Planner Zoning & Land Development Reivew From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2009-93: SV-2008-AR-13665 Port of the Islands Community Improvement District Enclosed please find one copy of the document referenced above, Agenda Item #17C, adopted by the Board of County Commissioners on Tuesday, April 14, 2009. The original document will be kept as part of the Board's permanent record. If you should have any questions, please contact me at 252-8406.. Thank you. Enclosure 17C RESOLUTION NO. 09 - ~ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR-13665, GRANTING A VARIANCE FROM SECTION 5.06.04.C.16.b.i. OF THE LAND DEVELOPMENT CODE, CONCERNING MAXIMUM SIGN AREA, WHICH SIGN IS LOCATED AT PORT OF THE ISLANDS AT THE INTERSECTION OF TAMIAMI TRAIL (U.S. 41) AND NEWPORT DRIVE IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 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, Port of the Islands Community improvement District, seeks to alter the signage on the property to have a larger sign; and WHEREAS, Petitioner wishes to have a sign with an area of 64 square feet located about its property; and WHEREAS, without a variance, Petitioner cannot have an off-premise sign with an area greater than 12 feet; and WHEREAS, the County has requested that Petitioner place language upon the off- premise sign to notify the public of the location of a public boat ramp and Petitioner has agreed to comply with such request; and WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due notice made, and has considered the advisability of granting this variance; and Page 1 of3 17C 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, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that the Board hereby approve a variance from LDC Section 5.06.04.C.16.b.i, to allow a sign with an area of 64 square feet, as shown in attached Exhibit "A", the text, including content, font and size, of which is not limited by the instant variance, with the noted exception that the sign shall have a reference to the public boat ramp, as filed by Robert L. Duane of Hole Montes, Inc., on behalf of the Petitioner, Port of the Islands Community Improvement District, concerning the subject property located in the Port of the Islands at the intersection of Tamiami Trail East (U.S. 41) and Newport Drive in Section 9, Township 52 South, Range 28 East, Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2008-AR-13665 be recorded in the minutes of this Board. 4\ This Resolution adopted after motion, second and majority vote this if day of ~\ ,2009. ATTEST: DWIGH~'E. BROC;'R,:,,,,CLERK , ",' BOARD OF COUNTY COMMISSIONERS COLLIER CO TY FLORIDA . ';"', d- " Attest .,tlo .' , .t.... oat" r By: Item # ~ Agenda U-I1L.r.L1 Date ~f Date /J.AI'......ra Rec'd '~I Page 2 of3 Approved as to form and legal sufficiency: V-b--> 7.wL Steven T. Williams Assistant County Attorney Exhibit "A": Sign Depiction 17C Page 3 of3 !-- ,( ~ Nr-------i I ! I ' i \___ I p---- I I ! , (Xl Ln , (Y) (Y) ".--i ('JIYIll /lfY//fYJ .IN If'S) /1/ ;IJ1II S'il ~ . o ~l J: >< W N - o N (]) . 0>>< rn (]) (L+-' <(5, +-' .- .- <J) ..0 _ :ern X ::J Wt) (]) rn (]) ... (/)02 (]) +-' o Z 1oI1Gl. ---< EXHIBIT A Page 1 of 2 C) C) ~ <Xl o o . . - C) '" C) C) II :J , ::J ~-, C) If') W I- <( o . C) C) ~ T- .~ I i ~ 17C 1 , i 'l) ). 'l) -1 ""\S l;: ::J () L ~ ! I 1 L--- , --urzr EXHIBIT A Page 2 of 2