HEX Agenda 03/13/2014 COLLIER COUNTY
HEARING EXAMINER
HEARINGS
AGENDA
MARCH 13, 2014
AGENDA
THE COLLIER COUNTY HEARING EXAMINER WILL HOLD A HEARING AT
9:00 AM ON MARCH 13, 2014, IN CONFERENCE ROOM 610 AT THE
GROWTH MANAGEMENT DIVISION BUILDING, 2800 N. HORSESHOE DRIVE, NAPLES, FLORIDA.
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES UNLESS OTHERWISE WAIVED BY THE HEARING
EXAMINER. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE HEARING
REPORT PACKETS MUST HAVE THAT MATERIAL SUBMITTED TO COUNTY STAFF 10 DAYS PRIOR TO THE
HEARING. ALL MATERIALS USED DURING PRESENTATION AT THE HEARING WILL BECOME A PERMANENT
PART OF THE RECORD.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE HEARING EXAMINER 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 TO BE BASED. DECISIONS OF THE HEARING EXAMINER ARE FINAL UNLESS APPEALED
TO THE BOARD OF COUNTY COMMISSIONERS.
HEARING PROCEDURES WILL PROVIDE FOR PRESENTATION BY THE APPLICANT, PRESENTATION BY STAFF,
PUBLIC COMMENT AND APPLICANT REBUTTAL. THE HEARING EXAMINER WILL RENDER A DECISION
WITHIN 30 DAYS. PERSONS WISHING TO RECEIVE A COPY OF THE DECISION BY MAIL MAY SUPPLY COUNTY
STAFF WITH THEIR NAME, ADDRESS, AND A STAMPED, SELF-ADDRESSED ENVELOPE FOR THAT PURPOSE.
PERSONS WISHING TO RECEIVE AN ELECTRONIC COPY OF THE DECISION MAY SUPPLY THEIR EMAIL
ADDRESS.
1. PLEDGE OF ALLEGIANCE
2. REVIEW OF AGENDA
3. APPROVAL OF PRIOR MEETING MINUTES—January 23, 2014
4. ADVERTISED PUBLIC HEARINGS
A. PETITION NO. SV-PL20130002213 — Petitioner, Larry Pronovost of Infilaw Corporation requests a
variance from Section 5.06.04.F.4 of the Land Development Code to increase the number of signs on
the American Momentum Building to allow a sign on the south face of the building for a total of
three signs with a total square footage not to exceed the maximum square footage allowed under
Section 5.06.04.F.4 for two signs. The property is located in Parcel One of the Oakmont Parkway
Extension subdivision, more particularly described in Exhibit A, also known as 8625 Tamiami Trail
North in Section 33,Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy
Gundlach, Principal Planner]
5. OTHER BUSINESS
6. ADJOURN
AC;FNIIA ITFM 4-A
Collier County
STAFF REPORT
TO: COLLIER COUNTY HEARING EXAMINER
FROM: PLANNING &ZONING DEPARTMENT
GROWTH MANAGEMENT DIVISION, PLANNING AND REGULATION
HEARING DATE: MARCH 13, 2014
SUBJECT: PETITION SV-PL2013-00002213, INFILAW SYSTEMS SIGN VARIANCE
PROPERTY OWNER/AGENT:
Applicant: Agent:
Mr. Larry Pronovost. Mr. Tim Hancock, AICP
InfiLaw Corporation Davidson Engineering, Inc.
1100 5th Avenue South. Suite 301 3530 Kraft Road, Suite 301
Naples, FL 34102 Naples, FL 34105
REQUESTED ACTION:
The applicant is requesting a variance from Section 5.06.04.F.4 of the Land Development Code
(LDC) to increase the number of signs on the American Momentum Building to allow a sign on
the south face of the building for a total of three signs with a total square footage not to exceed
the maximum square footage allowed under Section 5.06.04.F.4 for two signs.
GEOGRAPHIC LOCATION:
The subject property is located in the Pelican Bay PUD/DRI (Planned Unit
Development/Development of Regional Impact) (Ordinance No. 77-18) at 8625 Tamiami Trail
North (US 41) in Section 33, Township 48 South, Range 25 East, Collier County, Florida.
(Please see the location map on the following page.)
PURPOSE/DESCRIPTION OF PROJECT:
The subject property, the American Momentum Center, is a 5-story office building sited on a
parcel that is located on the west side of Tamiami Trail North (US 41). It is surrounded by a
multi-story office building to the south, a bank and shopping center to the north, and a residential
development to the west. (Please refer to the Aerial on the following page.)
SV-PL201300002213 Page 1 of 10
Date February 27. 2014
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The 5-story office building currently has two permitted building wall signs for the '-American
Momentum Bank" on the top of the building's east (front) façade facing North Tamiami Trail
and on the building's north façade facing towards the shopping center. The petitioner is
requesting another sign variance to allow for a third building wall sign on the south building
façade. The proposed building wall sign will face towards another multi-story office tower to the
south. According to documents submitted by the applicant, the proposed building wall sign will
not be illuminated. In addition, the combined area of the proposed building wall sign along with
the existing two building wall signs will not exceed the maximum sign display area permitted by
the Land Development Code (LDC) for two building wall signs.
The requested variance is from LDC Section 5.06.04.F.4.f. which states:
"Multi-story buildings with 3 or more stories are limited to 1 wall sign per street frontage not to
exceed a maximum 01'2 wall signs per building. but such signs shall not be placed on the same
wall.
As depicted on the Site Plan on page 3, the subject sign of this sign variance is identified as
"Proposed IntiLaw Wall Sign" along with the two existing building wall signs for "American
Momentum Bank." The existing wall signs are permitted building wall signs and are not part of
this variance request. They have been shown for informational purposes only.
In 2010, a sign variance (Resolution no. 2010-126) was previously approved for the American
Momentum Center to allow for an additional ground sign along Oakmont Parkway Extension.
(Please refer to the Attachments at the end of this Staff Report.)
The applicant has presented this sign variance application to the Pelican Bay Foundation and
they have unanimously approved a motion stating no objection' to the requested sign variance.
The applicant has also provided a Letter of Authorization (i.e. Letter of No Objection) from the
property owner. TAC Holdings. L.P. (Please refer to the Attachments at the end of this .Staff
Report.)
SV-PL201300002213 Page 6 of 10
Date: February 27,2014
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AERIAL PHOTO of SUBJECT PROPERTY
Sl IZROUNDING LAND USE AND ZONING:
North: Bank office building, and parking lot of a shopping center, with a zoning designation of
Pelican Bay PUD/DRI
South: Multi-story office building,with a zoning designation of Pelican Bay PUD/DRI
East: Tamiami Trail North (US 41), then a commercial business with a zoning designation of
C-4, General Commercial on the east side of US 41
West: Oakmont Parkway Extension. then the preserve area of a residential multifamily
development with a zoning designation of Pelican Bay PUD/DRI on the west side of
Oakmont Parkway Extension.
GROWTH MANAGEMENT PLAN (GMP)CONSISTENCY:
The subject property is located in the Urban Designation, Mixed Use Activity Center Subdistrict
of the Future Land Use Map of the Growth Management Plan (GMP). The GMP does not
address individual variance requests but focuses on the larger issue of the actual use. The
existing commercial use is consistent with the Future Land Use Map.
SV-PL201300002213 Page 7 of 10
Date: February 27. 2014
Based upon the above analysis, staff concludes that the proposed use for the subject site is
consistent with the Future Land Use Element. although the variance request is not specifically
addressed.
ANALYSIS:
The decision to grant a sign variance is based on the criteria of LDC Section 5.06.08.8. Staff has
analyzed this petition relative to the evaluative criteria and offers the following responses:
a. That special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands, structures
or buildings in the same district.
There are no special conditions and circumstances that exist which are peculiar to the land,
structure or building involved which are not applicable to other lands, structures or
buildings in the same district.
b. That literal interpretation of the provisions of the sign code would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district
and would work unnecessary and undue hardship on the applicant.
The literal interpretation of the provisions of the sign code would not deprive the applicant
of the rights commonly enjoyed by other properties in the same zoning district and cause
unnecessary and undue hardship on the applicant.
However, if a literal interpretation of the LDC provision is applied, then the applicant
would not be able to have additional building wall signage. This is because the only two
permissible wall sign areas are occupied by American Momentum Bank signage.
c. That the special conditions and circumstances which are peculiar to the land,
structure or building do not result from the actions of the applicant.
There are no special conditions and circumstances which are peculiar to the land, structure
or building that result from the actions of the applicant.
However, the two permissible wall sign areas are occupied by American Momentum Bank
signage.
d. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this sign code to other lands, structures or buildings in the
same zoning district.
A Variance by definition confers some dimensional relief from the zoning regulations
specific to a site. The granting of the Sign Variance request would allow for an additional
SV-PL201300002213 Page 8 of 10
Date: February 27,2014
building wall sign on the south façade of the multi-tenant building. Therefore, this sign
variance confers special privilege on the applicant.
e. That the variance granted is the minimum relief that will make possible the
reasonable use of the land, building or structure.
The purpose of the requested Sign Variance is to allow for an additional building wall sign
that is otherwise not permissible by code. The subject sign along with the two permitted
signs will be within the permissible sign display area of two building wall signs.
If the Conditions of Approval recommended by Staff below are followed, the reasonable
use of land is possible.
1. That the granting of the variance will be consistent with the general intent and
purpose of the Collier County Sign Code and the Growth Management Plan, and will
not be injurious to adjacent properties or otherwise detrimental to the public welfare.
Yes. Section 5.06.01.A. of the LDC states that the purpose and intent of the LDC relative
to signage is to ensure that all signs are:
1. Compatible with their surroundings;
2. Designed, constructed, installed and maintained in a manner that does not
endanger public safety or unduly distract motorists;
3. Appropriate to the type of activity to which they pertain;
4. Large enough to convey sufficient information about the owner or occupants
of a particular property, the products or services available on the property, or
the activities conducted on the property. and small enough to satisfy the needs
for regulation;
5. Reflective of the identity and creativity of the individual occupants.
In staff's opinion, the request for the additional wall signs meets the intent of the LDC.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the staff report for SV-PL201300002213 revised on
February 24, 2014.
RECOMMENDATION:
Staff recommends that the Collier County Hearing Examiner render a decision to approve
Petition SV-PL-20 1 3000022 1 3 subject to the following conditions of approval:
1. The additional building wall sign is limited to the south facade of the subject American
Momentum Bank building.
2. The additional building wall sign shall not be illuminated.
SV-PL201300002213 Page 9 of 10
Date: February 27.2014
PREPARED BY:
',ljvt Feb, 2014'
NANCY I) .• 'H. AICP. PRINCIPAL. PLANNER DATE
DEPARTIUL i IT OF PLANNING AND ZONING
REVIEWED BY:
Z- /7• %¢
RAYMO V. BELLOWS. ZONING MAN -- DATE
DEPAR ENT OF PLANNING AND ZONING
2— rer- itt + Y
MICHAEL BOSI. AICP, DIRECTOR DATE
DEPARTMENT OF PLANNING AND ZONING
Attachment:
Attachment A: Letters of No Objection
SV-PL201300002213 Page 10 of 10
Date: February 27,2014
PELICAN
BAY
SV-P L20130002213
REV:2
INFIIAW SYSTEMS
Pelican Bay Foundation, Inc. DATE:2/3/14
DUE: 2/18/14
January 27, 2014 • ..
Timothy Hancock,AICP
Director of Planning -
Davidson Engineering,Inc.
4365 Radio Road,Suite 201
Naples, FL 34104
tim @davidsonengineering.com
RE: InfiLaw Systems Sign Variance Petition SV-P120130002213
Dear Mr. Hancock:
On January 21, 2014, the Pelican Bay Foundation Facilities Committee reviewed the requested sign variance and
received a detailed presentation from the applicant. The Committee forwarded a unanimous recommendation to the
Pelican Bay Foundation Board to'not oppose'the sign variance application.
On January 24,2014,the Pelican Bay Foundation Board met and considered the variance application as well as the
recommendation from the Facilities Committee. Recognizing that the request was consistent with the quality and
character of existing signage on commercial hi-rise buildings in Pelican Bay and based on the unique application of the
elements of this petition, specifically that the additional sign would face existing commercial zoning to the South and
would not directly face a residential area,the Foundation Board unanimously approved a motion,stating'no objection'
to the requested sign variance.
Si ely,
til.
,f Co enants sue.
.�::y Fo ndation ,,
,1 .;�, 1AINIf
'1r- ,�tEfoeN76
li•. .' • 2.2015
p(p1}IE9: Y
1""ti� � .' �ipWTwuNGaffAteMSUro
Cc:Larry Pronovost,AIA,the Infilaw System
Jim Hoppensteadt, Pelican Bay Foundation,President/COO
Nancy Gundlach,Principal Planner,Collier County Growth Management Division
}
Pelican Bay Foundation, Inc. • 6251 Pelican Bay Boulevard • Naples, Florida 34108
(239)597-8081 • (239) 597-6802 FAX • E-Mail: memberservices @pelicanbay.org
Att2rhmont A a
TAC HOLDINGS, L.P.
One Momentum Boulevard, Suite 1000
College Station, Texas 77895
TELEPHONE 979/776-1111 SV-P120130002213 REV:2
TELECOPIER 979/776-6287 INFILAW SYSTEMS
DATE:2/3/14
. - November 13, 2013 DUE: 2/18/14 '
•
Larry Pronovost, AIA
The InfiLaw System
1100 5th Avenue South
Naples, FL 34102
RE: American Momentum Center @ Pelican Bay
8625 Tamiami Trail North,Naples, Collier County, Florida 34108 _
Dear Mr. Pronovost:
Please accept this letter as authorization by TAC Holdings, L.P. for Infilaw Corporation to
install-signage on the top of our building located at 8625 Tamiami Trail in Naples. Please
do not hesitate to contact me if you have any questions or need any additional information
concerning this matter.
Respectfully yours,
TAC Holdings, L.P.
//
Joel C. Ross
General Counsel
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
The foregoing instrument was certified and subscribed before me this /3 day of
November, 2013, by Joel C. Ross, who is personally known to me.
DONNA FIELO C i'
' my COMMISSION EXPIRES
=4• Febnlary8,2015 Notary Public, State of Texas
'4:11„'; _____.—__— __-
• DAVIDDe
SON
ENGINEERING _ •
:Lr...f•.ai•n a ,;365 Rest uoc. Sulk: 2•-• • I:_. .•. . •,_ 1 ..
Nancy Gundlach. AICP. RLA # 1244 October 2I. 2013
Principal Planner. Planning&Zoning
Collier County Growth Management Division
2800 North Horseshoe Drive
Naples. FL 34104
Re: InfiLaw Sr.slems
Sign Variance Petition
1'Review
Dear Nancy.
Enclosed is a Sign Variance Petition for The InfiLaw System'. who is a tenant in the American
Momentum Building, located at 8625 Tamiami Trail North. The purpose of the variance is to
request a third on-building sign in a manner consistent with the two existing signs at the top of
the building. There are existing signs located on both the north and east faces of the building.
The proposed additional sign is to be located on the south face. adjacent to an existing
commercial development. The sign %kill not be illuminated and the total square footage of all
• three signs will be less than the maximum square footage allowed for the allowable two signs
per the LDC.
We have included the following items for your review and approval:
1. Twelve(12)copies of the Cover Letter:
2. Twelve(12)copies of the Sign Variance Application:
3. Twelve(12)copies of Attachment"A",the Nature of Petition Responses:
4. One(I)original Affidavit/Letter of Authorization:
5. Twelve(12)copies of the Proposed Signage(Exhibits P. P1. P2 and P3):
6. Twelve(12)copies of the Existing Signage(Exhibits E, El and E2):
7. One(1)copy of the Location Map:
8. Two(2)electronic copies of all documents being submitted.
Should you require any additional information, please feel free to contact me at (239)434-6060
ext 2983.or by email at tim/u�davidsonengineering.cotn.
Sincerely.
.A4e7.
Timothy Hancock. AICP
Director of Planning
Cc; Larry Pronovost.IntiiLaw Corporation
From: 10/17/2013 10:06 #189 P.0011003
•
Co er County
COWER COUNTY GOVERNMENT 2900 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104
PLANNING AND REGULATION (239)252-2400 FAX (239)252.5724
WWW.COLUEr GOv.Nt T
ADDRESSING CHECKLIST .
Please complete the following and fax to the Operations Department at 239-252.5724 or submit in person to the
Addressing Department at the above address. Form must be stoney:tiv Addressing onrionnel Prior to pre-
application meeting.please allow 3 days for Processing.
Not all items will apply to every project Items in bold type are required. FOLIO NUMBERS MUST BE
PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing
Department
PETITION TYPE(Indicate type below, complete a separate Addressing Checklist for each Petition type)
[] BL(Blasting Permit) ❑ SDP(Site Development Plan)
0 BD(Boat Dock Extension) ❑ SDPA(SOP Amendment)
EiCarnival/Circus Permit ❑ SDPI(Insubstantial Change to SDP)
Cu(Conditional Use) ❑ SIP(Site Improvement Plan)
❑ EXP(Excavation Permit) ❑ SIPI(insubstantial Change to SIP)
Cl FP(Final Plat El SNR(Street Name Change)
❑ LLA(Lot Line Adjustment) SNC(Street Nae Change-Unplatted)
• 8 PNC(Project Name Change) TOR(Transfer of m Development Rights)
PPL(Plans b Plat Review) ® VA(Variance)❑ PSP(Preliminary Subdivision Plat) ❑ VRP(Vegetation Removal Permit)
❑ PUO Rezone ❑ VRSFP(Vegetation Removal&Site Fill Permit)
❑ RZ(Standard Rezone) ❑ OTHER
LEGAL,DESCRIPTION of subject property or properties(copy of le y description may be attached)
Section 33,Township 48,Range 25 Set 0,++-
FOUO(Property ID)NUMBER(s)of above(attach to, or associate with,legal description if more than one)
64380000355
STREET ADDRESS or ADDRESSES(as applicable, if already assigned)
8625 Tamiami Trail North
• LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right-
of-way
• SURVEY(copy -needed only for unptatted properties)
PROPOSED PROJECT NAME(if applicable)
Infilaw Systems (Sign Variance)
PROPOSED STREET NAMES(if applicable)
SITE DEVELOPMENT PLAN NUMBER(for existing projects/sites only)
SDP 200'-M4%r AR or PL ii
From. 10/17/2013 10:06 1189 P.002/003
•
Co er County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES,FLORIDA 34104
PLANNING AND REGULATION (230)252-2400 FAX (239)2624724
WW W.COW ERGOV.NET
Project or development names proposed for,or already appearing in,condominium documents(if application;
indicate whether proposed or existing)
Please Check One: ® Checklist is to be Faxed back ❑ Personally Picked Up
APPLICANT NAME: Jessica Harrelson, Project Coordinator
PHONE 434-6060 FAX 434-6084
Signature on Addressing Checklist does not constitute Project and/or Street Name approval
and is subject to further review by the Operations Department.
L
FOR STAFF USE ONLY �f/ (g(000.3.5.5.
FLN Number(Primary) rP-`3
Folio Number
Folio Number
Folio Number
Approved by: Date: le)- I 5- 13
Updated by: Date:
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
9 ! GontY
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
. PLANNING AND REGULATION 239)252-2400 FAX (239)252-6358
www.colliergov.net
SIGN VARIANCE PETITION
LDC Section 9.04.00
PROJECT NUMBER
PROJECT NAME For Staff Use
DATE PROCESSED
APPLICANT / OWNER INFORMATION
PETITIONER'S NAME: Larry Pronovost, Director of Facilities. InfiLaw Corporation
ADDRESS 1100 5th Avenue South, Suite 301, Naples, FL
PHONE# (239) 659-4778 CELL# FAX #
E-MAIL ADDRESS: Ironovost @infilaw.com
AGENT: Tim Hancock, AICP FIRM: Davidson Engineering, Inc.
• ADDRESS 4365 Radio Road, Suite 201 Naples, FL 34104
PHONE# 434-6060 CELL# FAX # 434-6084
E-MAIL ADDRESS: tim @davidsonengineering.com
Be aware that Collier County has lobbyist regulations. Guide yourself accordingly
and ensure that you are in compliance with these regulations.
•
May 25,2012
9ty
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 •
PLANNING AND REGULATION 239) 252-2400 FAX (239)252-6358
www.colliergov.net
LEGAL DESCRIPTION OF SUBJECT PROPERTY
SECTION/TOWNSHIP/RANGE: 33 r 48 25 PROPERTY I.D. # 64380000355
SUBDIVISION NAME: UNIT BLOCK LOT
METES & BOUNDS DESCRIPTION:
ADDRESS OF SIGN LOCATION: 8625 Tamiami Trail North
CURRENT ZONING: PUD LAND USE OF SUBJECT PARCEL: Commercial
Length & Height of wall upon which the Sign will be secured: Facade is 85' H x 307' W (ff Wall Sign)
Width of Subject Property: 273 Road Frontage)
NATURE OF PETITION
Provide a detailed explanation of the variance request including what signs are existing and what is
proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15' to 10';
why encroachment is necessary; how existing encroachment came to be; etc.
Please see Attachment "A".
Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the
Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or
deny a variance petition by the below listed criteria (1-6). (Please address the following criteria using additional
pages if necessary.)
1. Are there special conditions and circumstances existing which are peculiar to the location, size and
characteristics of the land, structure, or building involved.
Please see Attachment"A".
2. Are there special conditions and circumstances which do not result from the action of the applicant such as
pre-existing conditions relative to the property which is the subject of the variance request.
Please see Attachment"A".
. . Will a literal interpretation of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
Please see Attachment "A".
•
11a■ 25,2012
Calker County
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104
. PLANNING AND REGULATION 239)252-2400 FAX (239)252-6358
www.colliergov.net
4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the
land, building or structure and which promote standards of health, safety or welfare.
Please see Attachment "A".
S Will granting the variance requested confer on the petitioner any special privilege that is denied by
these zoning regulations to other lands, buildings, or structures in the same zoning district.
Please see Attachment"A".
6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be
injurious to the neighborhood, or otherwise detrimental to the public welfare.
Please see Attachment"A".
7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of
the regulation such as natural preserves, lakes, golf course, etc.
Please see Attachment"A".
8. Will granting the variance be consistent with the Growth Management Plan?
Please see Attachment"A".
Nta■ 25.2012
DE
DAVIDSON
•
NATURE OF PETITION RESPONSES
ATTACHMENT "A"
Provide a detailed explanation of the variance request including what signs are existing and what
is proposed; the amount of encroachment proposed using numbers, i.e. reduce setback from 15' to
1 0';why encroachment is necessary;how existing encroachment came to be; etc.
Response: This variance seeks relief from LD(' Sec. 3.(16.04 F.4.1., where multiple-
occupant.),parcels have double frontage on public rights-of-way shall he allowed Iwo
wall signs on separate wall facades. This request is to increase the number oJpermitted
t+all sitar fiv,,, Iwo (2) to three (3). allowing fi►r the addition of one (1) sign on the
southern fikade. Existing wall signs are present on the eastern and northern facades.
1. Are there special conditions and circumstances existing which are peculiar to the location, size
and characteristics of the land, structure,or building involved.
Response: The subject budding is on a nruhiple-oc•cupancv parcel located among
other commercial properties along the ('.S: .11 Tamicnni Trail N. corridor. The
property is only adjacent to residential development along_ its western boundary
where Oakmont Parkway Eraension and signijicon! vegetation cut as visual screening
to those residents.
• The building as designed, has limited wall space for the placement of on-building
signage, therefore reducingg the available sign face area to less than whin is allowed
by code fur each façade.
In 2010, a sign variance (Res. 1(1-126) was approved permitting the placement of an
conditional ground sign closer than 1.000 feet from another on the same parcel due in
equal parts to the primary access being located on Oakmont Parkway Eclension and
the property being less than 1.000 fret in width (the primary monument sign to he
located along the U.S. 41 Tamiami Trail N. corridor). These circumstances, along
with the fact that there was no building signage along any of the western facades of
the building, were limo-mental to permitting Ilse secondary monument sign at the
property's access on Oakmont Parkway Extension. These signs however are
insufficient in size and location to provide sufficient signage along the US' 41
frontage.
2. Are there special conditions and circumstances which do not result from the action of the
applicant such as pre-existing conditions relative to the property which is the subject of the
variance request.
Intil :t Sup Variance::111acluncin
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DE
DAVIDSON
Response: The existing signage present on the north and east facades (as illustrated
•
in Ex. E - E2) have been previously permitted and serve a separate tenant in the
building. ('hanging ownership and leasing conditions over time have served to
increase the need for'diferenl siS'naie.
3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
Response: }'es. The Infilair System will occupy -18.000 square feet of a ±49,000
building The Ir flIaw System currently employs 44 people and is re-locating in order
to accommodate an expansion of their work force. Adequate signage is a key to their
future growth and increased presence in Collier County.
4. Will the variance, if granted, be the minimum variance that will make possible the reasonable
use of the land, building or structure and which promote standards of health, safety or
welfare.
Resj;on.se: Yes. The variance requested will allow the applicant signage over the main
entrance to their leased office space. No other troll signs would he required. The sign
x'ill provide clear visibility fi►• northbound traffic on T amiami Trail N. while
maintainirr.►the architectural integrity of the existing building.
5. Will granting the variance requested confer on the petitioner any special privilege that is
denied by these zoning regulations to other lands, buildings, or structures in the same zoning
district.
Response: No. This building is unique with regard to location, access and design.
6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and
not be injurious to the neighborhood,or otherwise detrimental to the public welfare.
Response: Yes. The granting of this variance will not have a negative elleci on
neighboring properties. As slated previously, the subject building and proper(• are
surrounded by commercial development on three sides. The addition of the proposed
.sign will also not create a visual impediment 10 the residential community to the west.
as it will heJiwing south.
Additionally, the subject building i.s 5-stories and has• a loon area = 49.500 square
feel. The LD(' recos'ni_e.s for businesses with large floor areas that additional
signage is permitted that does not to exceed allowable display area. in this case, the
applicant's proposed sign (81.41 square fact) coupled with the existing. wall signs
(232.86 square feel) would not exceed the 20% of total visual facade square footage
present as defined in LDC Sec. 5.06.04 F.4.a
7. Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes,golf course, etc.
InilI act
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•
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DAVIDSON
• Response: The proposed sign will utilize Duranrdic bronze lettering, matching the
existing signuge and will complement the look and feel of the building.
8. Will granting the variance be consistent with the Growth Management Plan?
Response: }es. (;ranting the sign would directly further the portion of Objective 4
that prumutes economic de relopme rat. The graining of the proposed sign rariunce
would permit InllLaw to secure space fiorJtuture growth of the C'oi pang' in a manner
that is consistent with the high lualits'environment of the surrounding area.43/
•
toll) arc Sign V ariancc: \Ilachmenl t
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111 r LEGEND
SUBJECIPROPERTV
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DEDAVIDSON ENGINEERING,INC. INFILAW SIGN VARIANCE
4385 RADIO ROAD,SUITE 201
pAVifc c
NAPLES,239-434-6060 AERIAL LOCATION EXHIBIT
OR: 4188 PG: 0010
EXHIBIT "A"
(Legal Description)
Parcel One of OAKMONT PARKWAY EXTENSION, according to the plat thereof as
recorded in Plat Book 21, Pages 77 and 78, of the Public Records of Collier County,
Florida, less the following two parcels:
1. A portion of Parcel One of OAKMONT PARKWAY EXTENSION, according to the
plat thereof as recorded in Plat Book 21, Pages 77 and 78,of the Public Records of Collier
County, Florida, being more particularly described as follows:
Begin at the Southwest corner of Parcel One of OAKMONT PARKWAY EXTENSION,
according to the plat thereof as recorded • it Book 21, Pages 77 and 78, of the Public
Records of Collier County, Florida,. c •=y'paint on the Easterly right-of-way line
of Oakmont Parkway; thence 31° • I : t-Along the Westerly boundary of
said Parcel One and along , asterly right-of-w- 'fine for a distance of 14.73 feet;
thence run North 89°22'21"mast,pera•1le&with he Souti�i erly boundary of said Parcel One,
for a distance of 378.10 feet to,e pbinten the asteiiy bou •a of said Parcel One;thence
run South 00° 37'39" East; alq • •• .id Parcel One,for a distance
of 12.50 feet to the Southea -•m-r of -i or'T•'e •'ea thence run South 89° 22'21
• West, along the Southerly,bo ' •= • - • • ' : „ ,.101*_•riti f nce of 385.88 feet to the
Point of Beginning. a
Bearings refer to the North VI.. o f Parcel Two ofd• • '•T PARKWAY EXTENSION,
according to the plat thereof isne•• ••ed in Plat : •- ages 77 and 78, of the Public
Records of Collier County, Florida1. fl g = 221” West.
2. PLAT OF FIRST NATIONAL BANK OF NAPLES, according to the plat thereof as
recorded in Plat Book 25, Pages 79 and 80, of the Public Records of Collier County,
Florida.
• 3
OR: 4188 PG: 0011
EXHIBIT "B"
(Permitted Exceptions)
1. Restrictive covenants and conditions, easements affecting the insured lands
(including right to create easements in the future over the insured lands), restrictions,
assessments(including liens securing same)and other terms and provisions,as contained
in instrument recorded in Official Records Book 825, Page 1755; amended in Official
Records Book 1015, Page 1840; Official Records Book 1.121, Page 1977; Official Records
Book 1381, Page 298; Official Records Book 1414, Page 1135; Official Records Book
1469, Page 1364; Official Records Book 1585, Page 2335; Official Records Book 1591,
Page 2269; Official Records Book 1626, Page 1714; Official Records Book 1705, Page
678; Official Records Book 1717, Page 1917; Official Records Book 1814, Page 1214;
Official Records Book 1865, Page 1192; Official Records Book 1992, Page 1817; Official
Records Book 2413, Page 2847; Official Records Book 2475, Page 2286; Official Records
Book 2570, Page 1173; Official Records Book 2595, Page 689; Official Records Book
2667, Page 1645; Official Records Book 2767, Page 2111; Amended and Restated
Declaration recorded in Official Records Book. 938,Page 1959;Certificate of Amendment
recorded in Official Records Book 3O0e0ge Rc4 ;certificate of Amendment recorded in
Official Records Book 3002, Mig,•'•,-C ott , mendment recorded in Official
Records Book 3250, Page 16.7 nment of Ce ights, Privileges and Obligations
recorded in Official Records$ool< 056
,-Page 2 ; Certificate of Amendment recorded in
Official Records Book 3487, Pad :; sign�nient of\Ceilain Rights, Privileges and
Obligations recorded in Officis : = :06 and Official Records Book
3496, Page 3069; Certificate `f me • :nt : - : a icial Records Book 4000, Page
2433; and Certificate of A - , . • -; ,Off - s Book 4135,Page 729,all
II
of the Public Records of r unty, Florida -, ' ! i
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2. Easement recorded in Official Records Boo c`T / " 1823,of the Public Records
of Collier County, Florida. r 1
3. Matters as shown on the t 'PARKWAY EXTENSION, recorded in
Plat Book 21, Pages 77 and 78, of the Public Records of Collier County, Florida.
4. Easement recorded in Official Records Book 1615, Page 1260, of the Public
Records of Collier County, Florida.
5. Covenants, conditions, restrictions, easements(establishing easements or rights to
create easements on the insured lands), assessments(including liens securing same)and
other terms and provisions of Declaration of Protective Covenant, Conditions, Easements
and Restrictions recorded in Official Records Book 1755, Page 1765,of the Public Records
of Collier County, Florida.
6. Covenants, conditions, restrictions and other terms and provisions set forth in
Neighborhood Covenants for a portion of Parcel One, OAKMONT PARKWAY
EXTENSION, recorded in Official Records Book 2267, Page 1870,of the Public Records of
4
ill
*** OR: 4188 PG: 0012 **#
Collier County, Florida, including without limitation provisions for the creation of certain
easements on the insured lands set forth in Article IV thereof.
7. Assignment of Development Rights Within The Community Commercial District of
Pelican Bay recorded January 2, 1997, in Official Records Book 2267, Page 1881, as
amended in Official Records Book 2767, Page 2108, each of the Public Records of Collier
County, Florida, including without limitation the building square footage provisions thereof.
8. Easement(s)granted to State of Florida Department of Transportation, recorded in
Official Records Book 2419, Page 1243, of the Public Records of Collier County, Florida.
9. Resolution No. 2006-206 recorded in Official Records Book 4103, Page 3169,
Public Records of Collier County, Florida.
10. Governmental rights of police power or eminent domain unless notice of the
exercise of such rights appears in the public records as of the date hereof; and the
consequences of any law, ordinance or avemmetal regulation including, but not limited
to, building and zoning ordinance s -R C'O(- _
!11`� \1't
11. Defects, liens, encumbrab9aS, adverse claims ordt r matters not known to the
Grantor and not shown by the puq �but.knowil\to ihe Grantee as of the date
hereof and not disclosed in writjhg L G teeta the Gt. ntpr prior to the date hereof.
i—�. 1
S
12. Visible and apparent easemen s n I •• -r.'
o • easements, the existence of
which may arise by unrecorded'grartt br . _ =-
13. Taxes and assessme tt r the year of clog g Or sequent years.
14. All matters that would be pse by a currsr4 ey of the property.
II 5
TAC HOLDINGS, L.P.
One Momentum Boulevard,Suite 1000
College Station, Texas 77845
TELEPHONE 979/776-11ll
TELECOPIER 979/776-6287
November 13, 2013
Larry Pronovost, AIA
The InfiLaw System
1100 5th Avenue South
Naples, FL 34102
RE: American Momentum Center cD Pelican Bay
8625 Tamiami Trail North, Naples, Collier County, Florida 34108
Dear Mr. Pronovost:
Please accept this letter as authorization by TAC Holdings, L.P. for Infilaw Corporation to
install signage on the top of our building located at 8625 Tamiami Trail in Naples. Please
do not hesitate to contact me if you have any questions or need any additional information
. concerning this matter.
Respectfully yours,
TAC Holdings, L.P.
Joel C. Ross
General Counsel
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
The foregoing instrument was certified and subscribed before me this 13 day of
November, 2013, by Joel C. Ross,who is personally known to me.
MY COMMISSION EXPIRES
111 8,2016 Notary Public, State of Texas
eAFFIDAVIT
Rick Inatome,President,InfiLaw Corporation
We/1, being first duly sworn, depose and say that we/f
am/are the owners of the property described herein and which is the subject matter of the proposed hearing;
that all the answers to the questions in this application, including the disclosure of interest information, all
sketches, data, and other supplementary matter attached to and made a part of this application, are honest
and true to the best of our knowledge and belief. We/1 understand that the information requested on this
application must be complete and accurate and that the content of this form, whether computer generated or
County printed shall not be altered. Public hearings will not be advertised until this application is deemed
complete,and all required information has been submitted.
Davidson Engineering,Inc.As property owner We/1 further authorize to act as our/my representative
in 1,i y matters regarding this Petition.
/
0 g i
nature of Property ' f Signature of Property Owner
Rick Inatome,President,InfiLaw Corporation
Typed or Printed Name of owner- Typed or Printed Name of Owner
TWANT
• The foregoing instrument was acknowledged before me this 15 day of NoLi , 20J .5, by
f who is personally known to me or has produced
as identification.
440- I<1/C7.-;14....04441Z
(Signature of Notary Public-State of Florida)
1 , LAIMiA K FARNBWORIH iii i
r Myt)OSSISSION 100955756 iS
' ', EXPIRES:January 25,2014 11
`,e`,? awes Thou Notary Pubic W glionAem
(Print, Type, or Stamp Commissioned
Name of Notary Public)
I
May 25,2012
1{x(202.- PI
•
PELICAN
• BAY
Pelican Bay Foundation, Inc.
January 27,2014
Timothy Hancock,AICP
Director of Planning
Davidson Engineering,Inc.
4365 Radio Road,Suite 201
Naples,FL 34104
tim@davidsonengineering.com
RE: InfiLaw Systems Sign Variance Petition SV-PL20130002213
Dear Mr. Hancock:
On January 21,2014, the Pelican Bay Foundation Facilities Committee reviewed the requested sign variance and
received a detailed presentation from the applicant. The Committee forwarded a unanimous recommendation to the
Pelican Bay Foundation Board to'not oppose'the sign variance application.
• On January 24,2014,the Pelican Bay Foundation Board met and considered the variance application
as well as the
recommendation from the Facilities Committee. Recognizing that the request was consistent with the quality and
character of existing signage on commercial hi-rise buildings in Pelican Bay and based on the unique application of the
elements of this petition,specifically that the additional sign would face existing commercial zoning to the South and
would not directly face a residential area,the Foundation Board unanimously approved a motion,stating'no objection'
to the requested sign variance.
Si 4 ,
f C
1
•
1 o enants
y Fo ndation
My CCIMISBIOM I EE 009976
, '4112.2015
Cc:Larry Pronovost,AlA,the InfiLaw System 4v yr' rpm tiolisontkoc~gen
Jim Hoppensteadt, Pelican Bay Foundation, President/COO
Nancy Gundlach,Principal Planner,Collier County Growth Management Division
Pelican Bay Foundation, Inc. • 6251 Pelican Bay Boulevard • Naples, Florida 34108
(239)597-8081 • (239)597-6802 FAX • E-Mail: memberservices @pelicanbay.org
DE
DAVIDSON
ENGINEERING
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INFILAW SYSTEMS
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E N G I N E E R I N G
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