HEX Final Decision 2014-32 HEX NO. 2014—32
HEARING EXAMINER DECISION
PETITION NO. SV-PL20140001193 — Lely Apartments, LLC requests a variance from
Section 5.06.02.B of the Land Development Code to allow up to 60 square feet of combined
copy area on the shared use monument sign for property located at the southwest corner of
Collier Boulevard and Lely Cultural Parkway in the Lely Resort PUD in Section 22,
Township 50 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: October 23, 2014.
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant, and the
recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section 5.06.08
B of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
There have been 2 previous sign variances issued for this location, Resolution No. 98-26 and
HEX 2014-04. The current request increases the allowed copy area above the prior HEX
approval (35 sq. ft.) while still remaining below the initial square footage approved by the
original Resolution (72 sq. ft.). Consistent with the condition of HEX 2014-04, the applicant has
recorded the required easement in OR Book 5018, Pages 1320 through 1326, of the Public
Records of Collier County, Florida.
DECISION:
Petition SV- PL20140001193, filed by Angela Swartz of DeNyse Companies representing Aster
Lely Apartments LLC, is hereby approved for a variance from Section 5.06.02.B of the Land
Development Code to allow up to 60 square feet of combined copy area on the shared use
monument sign located at the southwest corner of Collier Boulevard and Lely Cultural Parkway
in the Lely Resort PUD on the property described in Exhibit "A", in accordance with the
Proposed Site Plan attached as Exhibit "B", and as subject to the condition(s) set forth below.
ATTACHMENTS: Exhibit A—Legal Description
Exhibit B—Proposed Site Plan
[14-CPS-01364/1126830/1131 1 of2
LEGAL DESCRIPTION: See Exhibit A.
CONDITIONS:
1. The sign shall have a maximum copy area of 60 square feet.
2. Per previous Sign Variance approvals (Resolution No. 98-26 and HEX 2014-04), the sign
may also be a 15-foot height, v-shaped, double-sided, shared monument sign for the on-
site residential development and the off-site college.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013-25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County
Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing
Examiner Decision is rendered.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES AND RECORDS
DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR VARIANCES, CONDITIONAL
USES, AND BOAT DOCK EXTENSIONS SHALL BE NOTED ON THE ZONING MAP FOR
INFORMATIONAL PURPOSES.
I I — 5— 201` . &.i
Date Mar Strain, Hearing Examiner
Approv d as to form and legality:
Scott A. Stone
Assistant County Attorney
[14-CPS-01364/1126830/1131 2 of 2
LEGAL DESCRIPTION
BEING A PORTION OF TRACT "D", LELY RESORT PHASE TWO, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45
(INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
TOGETHER WITH A PORTION OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26
EAST, SAID COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY MOST CORNER OF LELY CULTURAL
PARKWAY, LELY RESORT PHASE TWO;
THENCE SOUTH 00°51'50" WEST, ALONG THE EASTERLY BOUNDARY OF SAID
LELY CULTURAL PARKWAY, A DISTANCE OF 146.34 FEET TO A POINT ON THE
BOUNDARY OF SAID TRACT "D", THE SAME BEING THE POINT OF BEGINNING OF
THE PARCEL OF LAND HEREIN DESCRIBED;
THENCE CONTINUE SOUTH 00°51'50" WEST, ALONG THE EASTERLY BOUNDARY
OF SAID TRACT "D", A DISTANCE OF 18.83 FEET;
THENCE CONTINUE SOUTH 00°5P50" WEST, A DISTANCE OF 530.71 FEET;
THENCE NORTH 89°08'10" WEST, A DISTANCE OF 176.41 FEET;
THENCE NORTH 02°03'00" WEST, A DISTANCE OF 229.16 FEET;
THENCE NORTH 78°19'00" WEST, A DISTANCE OF 158.93 FEET;
THENCE SOUTH 16°35'42" EAST, A DISTANCE OF 218.93 FEET;
THENCE SOUTH 61°55'33" WEST, A DISTANCE OF 201.68 FEET;
THENCE NORTH 77°51'00" WEST, A DISTANCE OF 517.56 FEET;
THENCE SOUTH 76°11'00" WEST, A DISTANCE OF 354.37 FEET;
THENCE NORTH 40°4711" WEST, A DISTANCE OF 651.40 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID LELY CULTURAL PARKWAY, AND A
POINT ON A NON-TANGENTIAL CURVE;
THENCE RUN THE FOLLOWING THREE (3) COURSES ALONG SAID SOUTHERLY
RIGHT-OF-WAY LINE;
COURSE NO. 1: EASTERLY, 342.81 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,354.86 FEET, THROUGH A
CENTRAL ANGLE OF 14°29'49" AND BEING SUBTENDED BY A CORD WHICH BEARS
NORTH 80°54'42" EAST, 341.89 FEET;
COURSE NO. 2: NORTH 88°09'37" EAST, 1,376.84 FEET TO A POINT OF CURVATURE;
COURSE NO. 3: SOUTHEASTERLY, 40.45 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 25.00 FEET,
THROUGH A CENTRAL ANGLE OF 92°42'13" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 45°29'17" EAST, 36.18 FEET TO THE POINT OF BEGINNING.
CONTAINING 800,960 SQUARE FEET OR 18.388 ACRES, MORE OR LESS
SUBJECT TO EASEMENTS RESTRICTIONS AND/OR RESERVATIONS OF RECORD.
BEARINGS ARE BASED ON THE EASTERLY BOUNDARY OF LELY CULTURAL
PARKWAY AS BEING SOUTH 00°51'50" WEST (ASSUMED PER PLAT)
EXHIBIT A
5 dir
W <
—ger z-
i-
(1.96•a•o)
U
G I A31f109 21311100
o,
ce
N
0
8
Vl
0
8
sere'
■ ■ X11 ii I I—
11 1 II
I 1
11 II
I I f; 1
I Z CC
11 Z
I II
II II I CD CA
I 0, o....1 z.o.w. x
I (LELY 4T '' PMKW-V I I 0
L^
v, w
I 0 Et
CL
I Q i1 ^
LL
C
1
CG
CC p
Z I
O
ml
1 .J U I
1 0
WI
J re 1
a I
1
J
I L
1
I
II I ,
I
I
1 i I i
I u
1 ,I