The URL can be used to link to this page

Agenda 06/26/2012 Item #17BS 6/26/2012 Item 17.13. Recommendation to consider SV- PL20110002805, Agave Southwestern Grill, a Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number SV- PL20110002805 granting a variance from Section 5.06.04.F of the Land Development Code to allow two wall signs on one building consisting of an existing wall sign of 93.33 square feet on the northern building facade and a second wall sign of up to 96 square feet on the western facade of its building which building is located at 2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range 25 East, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) consider the above - referenced Sign Variance petition and render a decision pursuant to Section 5.06.00 of the Land Development Code (LDC) in order to ensure that the project is in harmony with all applicable codes and regulations and that the community's interests are maintained. CONSIDERATIONS: The LDC allows for one wall sign at the Agave Southwestern Grill. The requested Sign Variance is to allow for a second wall sign (Sign B) for the Agave Southwestern Grill. (Please refer to Wall Signage Elevation in the Staff Report.) Sign Permit number 2011070426 has been issued for the existing 93.33 square -foot wall sign (Sign A), which is located on the northern building facade of the Agave Southwestern Grill. Sign A faces Vanderbilt Beach Road. The second wall sign (Sign B), the subject of this sign variance from LDC Section 5.06.041.4. is for a proposed wall sign of up to 96 square feet which is to be located on the western building facade of the Agave Southwestern Grill. Sign B faces towards eastern bound traffic on Vanderbilt Beach Road. The purpose of this second wall sign is to provide increased visibility to the eastern bound traveling public along Vanderbilt Beach Road. FISCAL IMPACT: Approval of this Sign Variance petition would have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Approval of this Sign Variance would not affect or change the requirements of the Growth Management Plan. Pagel of 3 Agave Southwestern Grill, SV- PL20110002805 May 23, 2012 Packet Page -1944- 6/26/2012 Item 17.13 ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION• The EAC did not review this petition as they do not normally hear Sign Variance petitions. COLLIER COUNTY PLANNING COMMISSION (CCPCI RECOMMENDATION• The CCPC heard petition SV- PL20110002805 on May 17, 2012, and by a vote of 9 -0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to Staffs condition of approval as follows: 1. The additional wall sign is limited to a maximum of 96 square feet and to the western building facade facing towards Vanderbilt Beach Road. The condition has been incorporated into the resolution exhibits. Because the CCPC approval recommendation was unanimous and no letters of objection have been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: Petitioner is requesting a Sign Variance to allow an additional wall sign. The granting of such a Variance is permitted under LDC §9.04.02 and §5.06.08.B. The attached staff report and recommendations of the Planning Commission are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed Variance is consistent with all the criteria set forth below, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied. LDC §9.04.02 and §5.06.08.B. require that "based upon the evidence given in public hearing; and the findings of the Planning Commission" you "should determine to the maximum extent possible if the granting of the Variance will diminish or otherwise have a detrimental effect on the public interest, safety or welfare." Should you consider denying the Variance, to assure that that your decision is not later found to be arbitrary, discriminatory or unreasonable, the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. In granting a Sign Variance, the Board of Zoning Appeals may prescribe the following: 1. Appropriate conditions and safeguards in conformity with the zoning code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of the zoning code. 2. A reasonable time limit within which the action for which the Variance required shall be begun or completed or both. Criteria for Sign Variances 1. There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved. Agave Southwestem Grill, SV- PL20110002805 Page 2 of 3 May 23, 2012 Packet Page -1945- 6/26/2012 Item 17.13. 2. There are 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. 3. A literal interpretation of the provisions of the LDC work an unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. 4. The Variance, if granted, will 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. 5. Granting the Variance requested will not 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. 6. Granting the Variance will be in harmony with the intent and purpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 7. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. 8. Granting the Variance will be consistent with the GMP. The proposed Resolution was prepared by the County Attorney's Office and is legally sufficient for Board action. A majority vote is required for Board approval -HFAC RECOMMENDATION: Staff concurs with the recommendations of the CCPC and Staff recommends that the Board of Zoning Appeals (BZA) approve Petition SV- PL20110002805, subject to Staff's and the CCPC's condition of approval noted above and as contained in the resolution. PREPARED BY: Nancy Gundlach, Principal Planner, AICP Growth Management Division Attachments: 1) Staff Report 2) Location Map 3) Application 4) Resolution with Exhibits Page 3 of 3 Agave Southwestem Grill, SV- PL20110002805 May 23, 2012 Packet Page -1946- COLLIER COUNTY Board of County Commissioners Item Number: 17.B. 6/26/2012 Item 17.B. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to consider SV- PL20110002805, Agave Southwestern Grill, a Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number SV- PL20110002805 granting a variance from Section 5.06.04.F of the Land Development Code to allow two wall signs on one building consisting of an existing wall sign of 93.33 square feet on the northern building fagade and a second wall sign of up to 96 square feet on the western fagade of its building which building is located at 2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range 25 East, Collier County, Florida. Meeting Date: 6/26/2012 Prepared By Name: GundlachNancy Title: Planner, Principal,Comprehensive Planning 5/25/2012 2:49:34 PM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 5/29/2012 11:36:57 AM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 5/30/2012 9:52:25 AM Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 5/30/2012 12:35:53 PM Name: AshtonHeidi Title: Section Chief /Land Use- Transportation,County Attor Date: 5/30/2012 1:29:29 PM Packet Page -1947- Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 6/12/2012 5:23:51 PM Name: KlatzkowJeff Title: County Attorney Date: 6/15/2012 11:37:25 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 6/15/2012 1:28:59 PM Name: OchsLeo Title: County Manager Date: 6/17/2012 8:42:14 AM Packet Page -1948- 6/26/2012 Item 17.13. FROM: 6/26/2012 Item 17.B. Co i►er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MAY 3, 2012 SUBJECT: PETITION SV- PL2011000285, AGAVE SOUTHWESTERN GRILL SIGN VARIANCE PROPERTY OWNER/AGENT: Applicant: A &D Real Estate Holding II, LLC 2380 Vanderbilt Beach Road Naples, FL 34109 Agents: Mr. Theodore R. Walter Cummings and Lockwood LLC 3001Tamiami Trail North # 400 Naples, FL 34103 REOUESTED ACTION: Mr. D. Wayne Arnold Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL 34134 The applicant is requesting a variance from Section 5.06.04.F.4. of the Land Development Code (LDC) to allow an additional second wall sign. (The LDC allows one wall sign.) The two wall signs on the building consist of an existing wall sign of 93.33 square feet on the northern building fagade and a second wall sign of up to 96 square feet on the western fagade of the building. GEOGRAPHIC LOCATION: The subject property, Agave Southwestern Grill (former location of Pizzeria Uno's), is located in the Walgreens PUD (Planned Unit Development) (Ordinance Number 98 -85) at 2380 Vanderbilt Beach Road in Section 2, Township 49 South, Range 25 East, Collier County, Florida. (Please see the location reap on the following page.) PURPOSE/DESCRIPTION OF PROJECT: As previously stated, the LDC allows for one wall sign at the Agave Southwestern Grill. The requested Sign Variance is to allow for a second wall sign (Sign B) for the Agave Southwestern Grill. (Please refer to Wall Signage Elevation on the following pages.) SV- PL2011000285, AGAVE SOUTHWESTERN GRILL April 16, 2012 Packet Page -1949- n U V O D O Z �i TD V N O _z Z G) D T x/26/2012 Item 17.B. z� e Q fl� NOT TO SCALE WS 41) ro � - TAMUMI TRAIL 6 TAMIAMI TAAII g 21' taR.esil GaaOLETTE -PRArm _ � a O COOOIETTEFRANN R OAD lC.R. eSt) - �m nt �j�I J 4 JoD AcR c00pLETTE RaD Pu0 I 1 Q FR9 n m� a Yip s �a Q �° � S �� y AIRPORT- PULLING ROAD y gn £ � (C.R.3t) p Q p as AIRPORT - PULLING ROAD (C.R.31) i CARNl.Ol1 g �6 I ^ N A O PELICAN p9 Q'^ia Q OgYON NOISE IM �� LIVINGSTON ROAD 5 Z -x, P €�a a erg � sg SATW f' ppXOv g ur4l �m g MTERSTATE -T5 Mfl'ERSTATE -TS g XUNIMDTON cN� $ m$m u^ s aH Vpn Q z� e Q fl� NOT TO SCALE M TR.n Ix D 7 a tl 8 VEN7URA WAY - � e _ _ _ x ■ eases Zx fFlny - Q I 8 $ a a '111A ro � m 6 id 6 M TR.n Ix D 7 a tl 8 VEN7URA WAY - � e _ _ _ x ■ eases Zx fFlny - Q I 8 $ a a '111A Dom` yIf 6/26/2012 Item 17.13. v 41��llw --AREA OF SIGN �`�- -� o • VARIANCE 00 .s'°' Ir 1 STO 1 � LEXISTINIG 1 I •',;. � WALL lOil 1 p I SIGN (Sign A) 1 1 I PROPOSED :, f — -- WALL SIGN (Sign B) UfVDD V 1 ! ° SOUTHWESTER K 1 1 GRILLE 1 1 ' "I 1 _ ,a0lS LOAD 1 1 t 00 s N s R ...t .. �, a ...� "' •`'� _. ___ - _J STOP I I o 20' 40' ti. SCALE: 1 " _ 40' 1111, SMlnNx 2291147.1144 A & D REAL ESTATE HOLDING II '`"; w GradyAlanor Fan Nly�. 229.5904289 :•a neon Pofta Pon 941.428.5F159 NopW 229.4461.23897 SIGN VARIANCE Civ(1I:n�Meere • Land Surveyors Plannw • t.andscapeArchiteets SITE PLAN i.F.•�.UF'AL'Tli. f51 pM141Li CPAtr AF Ak'1M11. LN f9f• Mslx4.5 LC'14n0 F[CG NUIY. wurv.CrNM4anor.Fam 0. Grady iaaor and Amantw. P.A —.. _. SHEET i or 1 i Packet Page -1951- O IV O Cn M v a Cn F) z Cn co' of °pa 8� 3 a�� o S�e3� 6/26/2012 Item 17.13. Packet Page -1952- 6/26/2012 Item 17.13. Sign Permit number 2011070426 has been issued for the existing 93.33 - square foot wall sign (Sign A), which is located on the northern building fagade of the Agave Southwestern Grill. Sign A faces Vanderbilt Beach Road. The second wall sign (Sign B), the subject of this sign variance from LDC Section 5.06.041.4. is for a proposed wall sign of up to 96 square feet which is to be located on the western building fa9ade of the Agave Southwestern Grill. Sign B faces towards eastern bound traffic on Vanderbilt Beach Road. The purpose of this second wall sign is to provide increased visibility to the eastern bound traveling public along Vanderbilt Beach Road. AERIAL PHOTO SURROUNDING LAND USE AND ZONING: North: Vanderbilt Beach Road right -of -way then Vanderbilt Galleria, which consists of outparcels, parking areas and a strip shopping center, with a zoning designation of Pelican Marsh DRI (Development of Regional Impact) East: Undeveloped commercial parcel, then Walgreens and then Airport Pulling Road North (C.R. 31) right -of -way, within a zoning designation of Walgreens PUD (Planned Unit Development) SV- PL2011000285, AGAVE SOUTHWESTERN GRILL April 16, 2012 Packet Page -1953- 6/26/2012 Item 17.6. South: Office building and parking area within a zoning designation of Walgreens PUD West: Parking area then an office building within a zoning designation of Walgreens PUD 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 Walgreens PUD is consistent with the Future Land Use Map. 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: Section 9.04.00 of the LDC gives the Board of Zoning Appeals (BZA) the authority to grant Variances. The Collier County Planning Commission (CCPC) is advisory to the BZA and utilizes the provisions of Section 9.04.03.A through 9.04.03.11 as general guidelines to assist in making a recommendation. Staff has analyzed this petition relative to the evaluative criteria and offers the following responses: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The Agave Southwestern Grill is one of four buildings on a parcel of land that has not been subdivided into outparcels and is located along an arterial road (Vanderbilt Beach Road). Please note: if the subject site were an outparcel, it would be entitled to two wall signs. Furthermore, the proposed signage will help to direct patrons to Agave Southwestern Grill. b. 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? Yes. The traveling public does not notice Agave Southwestern Grill until they are upon the vehicular entrance. This is due to the view being partially blocked by the street corridor landscaping located along Vanderbilt Beach Road. C. Will a literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties for the applicant? Yes. If a literal interpretation of the LDC were applied, only one wall sign would be permitted. Furthermore, the lack of signage would create inconveniences and burdens to the public. SV- PL2011000285, AGAVE SOUTHWESTERN GRILL April 16, 2012 Packet Page -1954- 6/26/2012 Item 17.13. d. 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 and welfare? Yes. The purpose of the requested Sign Variance is to allow for an additional wall sign that is otherwise not permissible by code. As previously stated, the additional wall sign would face towards a major arterial road, Vanderbilt Beach Road. Furthermore, the additional signage granted by the proposed sign variance would aid patrons in identifying the restaurant. In addition, if the Condition of Approval recommended by Staff is followed, the reasonable use of land is possible. e. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. 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 additional wall signs on the building facade that face towards the Vanderbilt Beach Drive road right -of- way. This sign variance confers a special privilege on the applicant. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, 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 sign advances these objectives. SV- PL2011000285, AGAVE SOUTHWESTERN GRILL April 16, 2012 Packet Page -1955- 6/26/2012 Item 17.13. g. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. There are no natural or physically induced conditions. h. Will granting the variance be consistent with the Growth Management Plan? Yes. Approval of this Variance petition would be consistent with the GMP since it would not affect or change any of the GMP's requirements. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear Variance petitions and did not hear this petition. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for SV- PL2011000285 revised on April 10, 2012. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition SV- PL2011000285 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions of approval that have been incorporated into the attached resolution: 1. The additional wall sign is limited to a maximum of 96 square feet and to the western building facade facing towards Vanderbilt Beach Road. SV- PL2011000285, AGAVE SOUTHWESTERN GRILL April 16, 2012 Packet Page -1956- 6/26/2012 Item 17.13. PREPARED BY: VIA ic1 NANCY GU L CH, AICP, PRINCIPAL PLANNER DATE GROWTHUANAGEMENT DIVISION. REVIEWED BY: RAYMOND V. BELLOWS, ZONING MANAGER DATE GROWTH MANAGEMENT DIVISION IAM D. LORENZ, Jr., .E., DIRECTOR DATE GROWTH MANAGEMENItDIVISION APPROVED BY: NICK CASALANGVIDA, ADMWT ATOR GROWTH MANAGEMENT DIVISION Attachments: Attachment A: Resolution Y' / ?' /L DATE Tentatively scheduled for the June 26, 2012, Board of County Commissioners Meeting SV- PL2011000285, AGAVE SOUTHWESTERN GRILL April 10, 2012 Packet Page -1957- 0- m � 9 d s d �vm n L� 0 t o n: h o b o s� se- 3Lrlsa3lw v I 9 S s<- 3tr13a31rn NDIDNUNnI � d gig Nouvss G b 4� a Q Q � N 61 0 a 1� fl B a� m h •°� / 7 m � 9 d s d �vm Q Q � N 61 0 a 1� fl B a� m h •°� / 7 t..L cQ G V z z 0 N I..L 5� Z 0 U 0 J co CV O N J a U) 4t z _O H Vl N CD N O N N 3 s. FS °' n 3. n L� S� n t o n: h o b o s� se- 3Lrlsa3lw v I 9 S s<- 3tr13a31rn NDIDNUNnI � d gig Nouvss mvc O LLI 3SON ROAD Q U L�Y� tg pp F OVW NOISONIAn LMH HSllrR K43n3d O § g_ s T 9 °�x �O gLi (LE'tl-O) �J F OJOa flNTnd'1aOdtlIV ovoa DNmnd- Iaodaly � ATOOAM 4 a g \ Qld Dma 3urmom roc tl, Nd"31131OpOD (wo'ki 3) 0000 ea g yIy is 6a's'N n � < A 1W1 IRVIIWI _ YVaI lLti 11'I MI n s'N t..L cQ G V z z 0 N I..L 5� Z 0 U 0 J co CV O N J a U) 4t z _O H Vl N CD N O N N 3 s. Co 1ier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 6/26/2012 Item 17.13. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 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: A & D Real Estate Holding II ADDRESS 2380 Vanderbilt Beach Road, Naples, FL 34109 PHONE# 239.390.3187 CELL# E -MAIL ADDRESS: FAX # AGENT: Theodore R. Walters FIRM. Cummings and Lockwood LLC ADDRESS 3001 Tamiami Trail North #400, Naples Florida 34103 PHONE# 239.649.3154 CELL# E -MAIL ADDRESS: twalters @cl- law.com FAX # 239.430.3309 Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Packet Page -1959- 6/26/2012 Item 17.B. SIGN VARIANCE PETITION ADDITIONAL AGENT INFORMATION NAME OF AGENT D. WAYNE ARNOLD, AICP FIRM Q. GRADY MINOR AND ASSOCIATES, P.E. ADDRESS 3800 VIA DEL REY, BONITA SPRINGS, FL 34134 TELEPHONE 239.947 -1144 FAX 239.947 -0375 EMAIL WARNOLD @GRADYMINOR.COM Packet Page -1960- arter County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 6/26/2012 Item 17.13. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 239) 252 -2400 FAX (239) 252 -6358 www.coffiergov.net LEGAL DESCRIPTION OF SUBJECT PROPERTY SECTION /TOWNSHIP /RANGE: 02 49 25 SUBDIVISION NAME: Olympia Park PROPERTY I.D. # 64630000102 UNIT 500 BLOCK LOT METES & BOUNDS DESCRIPTION: Olympia Park A Land Condominium Unit 500 ADDRESS OF SIGN LOCATION: 2380 Vanderbilt Beach Road CURRENT ZONING: Walgreen's PUD LAND USE OF SUBJECT PARCEL: Restaurant Length & Height of wall upon which the Sign will be secu Width of Subject Property: 200 Road Frontage) NATURE OF PETITION (if Wall Sign) 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 refer to Exhibit 1 - Attached to this application 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 refer to Exhibit 1 - Attached to this application 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 refer to Exhibit 1 - Attached to this application 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. Please refer to Exhibit 1 - Attached to this application August 30, 2010 Packet Page -1961- 6/26/2012 Item 17.13. C( er 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 refer to Exhibit 1 - Attached to this application 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 some zoning district. Please refer to Exhibit 1 - Attached to this application 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 refer to Exhibit 1 - Attached to this application 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 refer to Exhibit 1 - Attached to this application 8. Will granting the variance be consistent with the Growth Management Plan? Please refer to Exhibit 1 - Attached to this application Packet Page -1962- 6/26/2012 Item 17.13. Exhibit 1 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is, proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (including building permit. number(s) if possible; why encroachment is necessary; how existing encroachment came to be; etc. Applicant wishes to place a 96 square foot wall sign on the west side of its building that will state, "Agave Southwestern Grill." This sign is in addition to an existing sign on the North side of the building stating the same. The applicant is seeking a variance from LDC Section 5.06.04 F.4 which allows for one wall sign to permit a second wall sign for the restaurant. The property is a one -story restaurant, formerly housing Pizzeria Uno's. The north side of the building faces Vanderbilt Beach Road, and the west side of the building is exposed to Vanderbilt Beach Road, particularly to traffic moving easterly. There is a canopy of trees that largely blocks the building from view, as further discussed below. 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. Yes. The restaurant is located near the busy intersection of Vanderbilt Beach Road and Airport- Pulling Road. The restaurant is just west of the southwest comer of the intersection, and is housed in the building that was Pizzeria Uno's. The location is unique insofar as there is a large tract of land that makes up the entrance to the Olympia Park (Walgreens PUD) complex and the western side of the Applicant's parking lot. There are trees along the northern border of Olympia Park and along Vanderbilt Beach Road, which largely block the view of the building. Applicant wishes to place a sign with the name of the restaurant on this western exposure. In addition to the canopy of trees, the building is set back 150± from the street, and is not clearly visible on Vanderbilt Beach Road traffic proceeding easterly or from Airport Road in either direction. There is a wide private drive that functions like a street and provides access not only to the Olympia Park complex, but also to the adjacent complexes, effectively making the property function as a corner lot. If the property were corner lot the proposed sign would be permitted by right. Because it functions as a corner lot, signage should be permitted as for corner lots. 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? Page 1 of 3 Exhibit 1 Nature of Petition (revl) Packet Page -1963- 6/26/2012 Item 17.13. Yes. The setback of the restaurant from the street, is considerable, further than that of other businesses that abut Vanderbilt Beach Road due to the access through the parking lot that functions as a frontage road serving the entire PUD and adjacent properties. Further, there is a grouping of canopy trees along Vanderbilt Beach Road that largely hide the building from view when approaching from the west. In addition, the existing building located just west of the project entrance makes it difficult to see the building and signage until a vehicle is at the project entrance. 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? With regard to the impact that the lack of signage will have on Agave Southwestern Grill, due to the size of competing restaurants in the immediate area, the availability of other dining options, the fact that the rest of the Olympia Park is a professional area where the public might not normally anticipate a restaurant being located are all factors creating unnecessary and undue hardship on the applicant. The lack of occupancy in Olympia Park and the trees that block the building should also be considered, as well as specific signing of other establishments that would draw attention past our building directly to others. 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? Yes. This variance request is a minimum and promotes standards of health, safety, and welfare because it's merely a signing and decorative request, most of which will be achieved by painting, and will have a minimum impact on the surrounding area. It is also consistent with the size and function, if the building had two road frontages. 5. Will granting the variance requested confer on the petition any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? No. The additional sign requested is low impact, and is similar to that extended to other restaurants in the immediate area and for those buildings having two road frontages. In fact, by not granting this request, which has been awarded to others, there would be an unfair burden placed on the Applicant. 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? Page 2 of 3 Exhibit 1 Nature of Petition (rev I ) Packet Page -1964- 6/26/2012 Item 173 Yes. The signage is "low impact" in the sense that it is proportional to the building and will not be garish or objectionable. It is consistent with the sign located on the north - facing side of the restaurant. Further, this is a commercial area and similarly situated businesses have the same signage. 7. Are there're natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. The Applicant is putting in additional landscaping and making the area around the restaurant aesthetically more pleasing. Permission for this work has been granted by the County and the Olympia Park Owners' Association. 8. Will granting the variance be consistent with the growth management plan? The sign variance is not inconsistent with the County's Growth Management Plan. Page 3 of 3 Exhibit 1 Nature of Petition (revl) Packet Page -1965- Co per ouxty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 6126/2012 Item 17.6. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net SIGN VARIANCE P.ETITICNN -,(SV) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COVER SHEET'S ATTACHED TO EACH SECTION. Lir%Tr. mireimpt t:Tr C1IMRITT01 S Wll_I MnT RF ACCFPTFD- REQUIREMENT5 # OF NOT COPIES REQUIRED REQUIRED Completed Application 12 X El Completed Owner /Agent Affidavit, Notarized 1 FI(I El Pre- application notes /minutes 12 ❑ Survey or Site Plan of property depicting the following: 12 ,r a) All property boundaries & dimensions b) North arrow, date and scale of drawing c) All existing and proposed signs - (labeled as such) d) Existing sign setbacks & proposed sign setbacks Location map depicting major streets in area for 1 f reference Electronic copy of all documents and plans on CDROM 2 .! Fees: Application Fee = $2,000.00 Fire Review Fee $30.00 Legal Advertising Fee for BCC = $500.00 Legal Advertising Fee for CCPC = $425.00 Checks shall be made payable to: "Collier County Board of County Commissioners" As the authorized agentlapplicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result n lie,4et"'vf_process -tttt� petition. { "Applicant /Agent Signature Date August 30, 2010 Packet Page -1966- 2a/2012 Item 17.B. V �L-1 DEC 16 2011 AFFIDAVIT Q. cry Miner & Associates, P.A. E being first duty sworn, depose and say that we /l am /ore 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 /l 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. h Cummings & Lockwood, LLC and As property owner` We /i further authorize Q" Grady Minor and Associates RX to act as our %my representative in any matters regarding this Petition. d Signature of Property, Owner / Signature of Property Owner Typed or Printed Name of Owner ..; Typed or Printed Name of Owner The foregoing instrument was acknowledged before me this day of i `* i 2,2011 by r g g g _ .. -.._ - whd is personally known tome oi+ radtia d �-- as idenfifrca�n. r (Signature of Notary Public - State of floridar ;.ar7:,f;4e (Print, Type, or Stamp Commissioned Name of Notary Public) August 30, 2010 Packet Page -1967- CUMMINGS & LOCKWOOD U-C March 2, 2012 Nancy Gundlach Principal Planner Collier County Land Development Services Growth Management Division 2800 North Horseshoe Drive Naples, Florida 341.04 6!26/2012 Item 173. Theodore R. Walters Street Address: Principal Collier Place 11 Also Admitted In District o1 3001 Tamiami Trail North Columbia Suite 400 Board Certified in International Naples, FL 34103 Law Post office Address: 239.849.3154 Direct P.D. Box 413032 239.649.3194 Fax Naples, FL 34101 twalters @cblaw.eam www.cl�low.com 239.262.8311 Phone 239.2610703 Fax Re: Agave Southwestern Grill Sign Variance Dear Ms. Gundlach: RENEWED AR 0 5 2012 Q' Gf""Y Minor x . 'ssoCiatES , Further to your request, enclosed please find an original Unanimous Written Consent of the Members of A & D Real Estate Holdings 11 LLC, which addresses the County Attorney's concern regarding authority of Kenneth Knief to act on behalf of A & D Real Estate Holdings 11 LLC with regard to the referenced matter. Please let me know if anything further is required or if there are any further concerns. Very truly yours, Theodore R. Falters TRW /jac Enclosure cc: Ms. Sharon Umpenhour Mr. D. Wayne Arnold Grady Minor 2SD9833 1.doc 3/2/ 2012 ih' E ') . , T . , ro C, Packet Page -1968- 6/26/2012 Item 17.13. UNANIMOUS WRITTEN CONSENT OF MEMBERS OF A & D REAL ESTATE HOLDINGS II LLC The undersigned, being the sole holder of the Membership Units of A & D Real Estate Holdings 11 LLC, a Florida limited liability company (hereinafter referred to as the "Company "), hereby adopts and consents to the following actions and resolution of the Company: WHEREAS, the Company wishes to obtain a variance for its property located at 2970 Vanderbilt Beach Road in Naples, Florida; and WHEREAS, a Variance Petition Application was filed on behalf of the Company with Collier County Government and executed by Kenneth Knief, and WHEREAS, Collier County Government has requested that Kenneth Knief s authority to executed an affidavit and other documents on behalf of the Company be proven; IT IS THEREFORE RESOLVED: THAT all documents executed by Kenneth Knief on behalf of the Company concerning the Variance Petition Application filed with Collier County be ratified, including without limitation, that certain affidavit supporting the Variance Petition Application and submitted therewith. THAT Kenneth Knief is duly authorized to execute all further documents necessary to obtain the variance as requested in the Variance Petition Application. IN WITNESS WHEREOF, the undersigned Member has set his hand and seal as of the 141' day of January 2012. %01 f Packet Page -1969- �I i 6/26/2012 Item 17.B. AREA Or SIGN VARIANCE UNDEVI 1 ) -i i I i STOP a A & D REAL ESTATE HOLDING II SIGN VARIANCE SITE PLAN Packet Page -1970- SHEET 1 OF 1 Bonita Sprinp 239.947.1144 GradyMinor 0 Fort Alyer 239.699.4350 North Port 941.42(3.5555 Nap1,F 239.444.2397 Civil Engineers • Land Surveyors - Planners • Landscape Archltects CERT. OF AUn1. EB W05151 CERT. OF AUTH. LB 0005151 BUSINESS LC 76000266 r .GradyMlno- Q. Cmdy Allnor and Aeeoclale6. PA. A & D REAL ESTATE HOLDING II SIGN VARIANCE SITE PLAN Packet Page -1970- SHEET 1 OF 1 R ;s© a b a L� h M Z Me yv� a z Z n M x 0 h b ti �m �o m� r 0 r 0 m 1= Ylr 6/26/2012 Item 17.E til�� 11 I 7u ; i � I 1 � +I -G i i I� Oi Z O m 0 O a ---------------- - - - -IN 0 --------------------- 01 SAT99WD7FR II� cket Page -1971- >> A Q 0� Z 0 ] 0 � n II' II' m 0 0 0 2 O y n T O 0 3. Packet Page -1972- 6/26/2012 | m 17.13. \\[ / 9 \\ [! \ /S =z v&,!; ee,L> sas., i 17.B. v March 28, 2012 RE: Petition Pi_2011 -2805, Agave Southwestern Grill Sign Variance Dear Property Owner: Please be advised that a formal application has been submitted to Collier County, seeking approval of a Sign Variance, by A & D Real Estate Holding 11, represented by Theodore R. Walters of Cummings & Lockwood LLC and D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., for the following described property. Approximately 0.8 acres, located at 2380 Vanderbilt Beach Road, in Section 02, Township 49 South, Range 25 East, Collier County, Florida. The Applicant wishes to place a 96 square foot wall sign on the west side of its building that will state, "Agave Southwestern Grill." This sign is in addition to an existing sign on the North facing side of the building stating the same. The applicant is seeking a variance from LDC Section 5.06.04 F.4 which allows for one wall sign to permit a second wall sign for the restaurant. The property is a one -story restaurant, formerly housing Pizzeria Uno's. There are trees along the northern border of Olympia Park and along Vanderbilt Beach Road, which largely block the view of the building. In addition to the canopy of trees, the building is set back 150± from the street, and is not clearly visible on Vanderbilt Beach Road traffic proceeding easterly or from Airport Road in either direction. The variance application will be heard by the Planning Commission (CCPC) and Board of County Commissioners (BCC). Tentative hearing dates are May 3, 2012 CCPC and June 26, 2012 BCC. A separate public notice will be provided by the County prior to the scheduled hearings. Should you have questions prior to the meeting, please contact me. Sincerely, Sharon Umpenhour Planning Technician 3,l:.tri� N ] till � 1 , F � ` t om � , � � � : � t . ! ' . �. 111, 2 ;9 -,) 1 7 - 1 1:1..6 i'.: 2,3, •s -i - ► "�;;a�; A;;i #li1 t,t 00 Rr IA', i2007� t 11 4 1<1x the 51 -- 1 l;C1 _26(lt)o2iii: 1�r}3lCL:� + {1r`i91 ', 1'1,:x• }1.3i Packet Page -1975- :Q }.1:_t° f„'wh110044.(' +1[31 1rr�erm� W K UI Z w >w S H O m w Q 6/26/2012 Item 17.B. Q a olnr oo�oo�Nm mmoN�n000mmnQC�AmmmNn on�nAN o mnm�ln� n momQ�mm�n mc�Q�o or�n J mOm O S OQ ON aD m NN tm•1 In NN coo QUO N.-O m OOn mSm� -ON S NO NO n mm N OOm� -OOm O r O i A W ❑ m Om ... N m e+l m ........ Q m n a w a Q ry m Q m w m O N M IQ'I M lQn O M 001 < M� tQ'1 M�< M O M N Z� Y Q O o O� tP n M M� M 1°O fQ�f Z J J J J J U Q J J J J J} J J Q J} J J J J Q Q } J J J J J J x J J J J J to LL LL LL LL U LL> LL H LL LL LL? LL LL Z Z Z LL LL LL LL LL Z LL LL w LL Z J LL LL LL LL LL J Z LL LL LL LL LL LL O LL LL LL LL LL z 00 3 ? w ¢ w v ❑ a W J Z ] _ '� z Oo w z z r w w > Ow J J J J J Y} J Z J J J a J J r¢ Q Q f W O Y J J J J J J J J O J x Q Y J J J O I- LL K J J J J J J W J J Q J J J as aa¢ aa¢a¢ aa°-a°-° wa aa¢ omwaaaa¢ waw¢ma�aaaoaaamawwaaaaaaWaaaaa¢ U ZZZZWZW,ZmZZZ� Z�izwuUUO.¢ rZzzzzzz Y4 OUazLLZZx¢mx�zzzzzz3zzOZZz Z U Q O m m z Q Z wpNO j O W =8 a a 2 F Qi a < o z Y Y O U W Q 3 x c� z c w O w a N z ❑ U Q W. _ ❑ W W J Q Q Q F J ❑_ d N N LL U N Q o o ^ m z r m a z z ft ❑ O ¢ m w ° U M Q � g 2 N U x a ~ O o Q O Q a w U �' LL Q d a W w O U LL U o S N W m o N a K it K rn U Y wiz c i .A- O Q m Q m ° 5 �5 W ❑ W J Z OI J t0 O W W ❑ N O O (A ❑ ❑ co co — U r ¢ m Z ° N QU In r Q d 7 ❑ ° H N ° o � M oc u N N ~ o o n ~ o � Qo U o c G7 N ❑ o N o to LL F t'� N Z Z = r N = LL N O Y O J O O W O< J O O d N Uaw O U❑ Q w ¢ J U �- M !- w K� Nu N F-a r HM H r �QQ O Z Z Cr ¢ Q a¢ m V N a Q K QO } Q ~ Q w Q Q O O Q m at U U' z w w_¢ ❑ K O w Y rx(� W'j ❑ Z O= W Z O Z Q O m m N❑ N w U❑ w C° Z ❑J O Z°> J w d OJ N w' O J J❑ Z J w K d Q m W W F❑ x p S❑ Z W J¢ J J} Q J J Z J Y J W J Q Y N O❑ Q J Q J Q J J> J —¢ Z¢ J WOJQ W J Q W N w w O°>m❑ W m❑Z -4' W ��$ll J�glll1 m 12 J�° W% ZtoO W OmOZ�Z W W W W O Q. ¢ W O Q V W �O W x❑QOww 22m¢> g N0 i�Q>❑iuiQZ Uw��w�7m= W QQIJ -J� y W to �y3jw� W I��NU w> w a w❑ w w LL >W O Q O m Z N u N w g O w w a w z Q -, (7 w m g w o w ¢ o }� W w w, w W M W� „� U W Z g o N o J o m_ o 0 0 m z J¢ �n - ❑ in O Q r m Q z O N z Q N o m m p N m Q M m Q m Q o m m 0 �n r ¢po.- �v�Nem0Zx3��m QQ.- A3mm�loz ZNOI QJAlna oe�Nd�mmm�mmm�mfn�dwm 1� < J N N n b Q 1- m r N N N A A 1� A❑ O A Q u m IL A n A r (� N m n r A A n n �t] n❑ o r m Z H J ? Q J W < Z} Z Q J U O U W U J o O J �O W Q � g W O¢ U ❑ Z Q �m ° Z mW N ❑ -+ F W J O Q w K m ¢ mII y ¢ ¢ �� am O J m o w u O J eJp J Z Q O ~ 2 U Z T w W r tl d �� m z z O U m W w O z0 ;-O ¢ ¢ OW °0 Z Z wg0 ' O ¢ LL Q roopO2 U Q w � Q U e, 1 W Z Nff J w� } >. o = Q a N m wm O J ❑ O O � r w Z } LL J Z Z N} O O U 2 Q Y❑❑¢ II II p W Qd'�Q Za LL Y °6 K Fob W W < =— W- pm— M� �wwOQJY Wl- -Oxo�0LLZWZW a� z¢aiO �❑03- z�w¢O�ao4mOZ x¢¢aa _Z¢SmQUaUO�g�� O¢ m O J Q 0 -❑ U >~ z m= p > O°� ui O U N O J O O J J m W O O O z Q zQ ¢ U r z Z N Ij. p >❑ w❑ y W OQ LL O n z Y Y Z J w 2 W w? O J a O W 1- Y= W W x W W K Q fA O }= WE x HO J M Z W W a Q J W O W- z O z= Q Z W O} O Z Q W Q Q O Q m w J Y J J W Q p rryynn J to U U Y Y U N O 7 W O O J W W 0 0 0 M aa W¢ J w m' =((:JJ F- N w Q M Q N '6 O J Z Z Z Z Z m Q Q Q W W W m N J V O O DD D)-< Q¢ Q d¢ Q W W W x J J O O O O m 7 Q¢ Q Q W W a O O z N¢ << << <<<< Q m m m m m m m m m m m m m m m m m m m U U U U U U U U U U U U 000000 U 0❑❑ 0❑❑3 0❑ to w w Packet Page -1976- a N O N m E I L 0 a a` J C1I z x 0 O w� Q O 6/26/2012 Item 17.B. O �p O N 00 N m � AO O N OOS � W ON �N O �IDN O �(l ONOO N f0O N nMOI P10 M O N O Q O O Q O0 OODO OQ OOi Of .-00 N N OO mn m010O� O OO M O m lnl O MQ to O oO mmN. -� Nm E lv,. N N f0 tn'1 M f'l t00 m 0 Ct tP'! N O P P V^ Q N P U Q N M Q P O P N Q f0 Q r O P Q m Q Q O O 10 M(7 QMQ C1 M ill M YM M MM(O MO M.-MM OPMMQM M.-fp N�II O PPO Q O M� M O W -� F-LLLL J LLLL� LL�LLLL AIL Oti LLLLQ Z M zlJlZM JLL� LL d!JELL Z?LLLL�LLLL ZJ� �Z IL OOH IJL MIJl. LLZlJl4 Z O = p U w y Z w W 0 to z z j O a W J W O W a Y Y y C7 mz y J W O a Z❑U¢m z < w?�ww « ZJJQJzwwOwwwww wOwO�ww�wOwwwwzzwwawwmswz =wo�mm NYNN NNx M J < J J a¢ J J Z J J< ❑ W p J a- a Y J U J J w J J h" a a r a N a< a a w a a 0 a a U w w z a z J m O a? a a g a a m Z¢ m Z Z y C7 LL Z Z W Z¢ Z Z I¢i Z m Z Z Z a Z U Z U� Z z U 2 W Z w Z Z o? z Z J Z Z m S LL O J Z U x x � Z O z Z m Z Z Z 2 U M w W W U !� z N O Z r IL } F at o❑ P oN O ❑ N < w ❑ LU p 1- W O J M a m F W m 0 Z o N ~ N O } y r N U 22 � a Q W o Q w z � Y Y Y} >_¢ O F it o ¢ O -Z U < w �¢¢ o N a W 7a<3 W fns mz J <O <O < m� �w <Y <M m �a YO W lF�� -Q ¢ o> 7a zi sLLZcwW zzmo2ozz `no'ozmzwONxazmOZOOZ❑ao0 w¢NaN a¢o z�a >¢ o�¢cm c-ioa -U' r z p< LL J O m❑ m z5x Z K Z w z Y x Z w m< a i H i 2 vOi < O w w z Q w m Q Q m O a U p❑¢ Z C7 m y< J o~ O�} W C� ?� w oy w U w OOW p W ¢2¢m W m f0 W W W mS > W U ¢ 7 Jam¢ lA PoPM� w- , >oma�oww3w>awmzW<Y >wmw3 xz<wrJZ j0❑O ym-r wmww2,�<MmJ �w wo/n} Jwp- �wOwOa N O m�> Jm M PM (O m N.-� m >Z �Y �N V 1- ¢Q OOm JN❑ n° O�PO °m Zm"' w LL m.O, Nf0 Q Q M N M O a 0 N O x, U n^ m P N N LM) n M N n N M t p n Q n n N h W m Y m n N n n a N Y U f D (J J H N f 0 N m M H Y Q N N n n G D n U I W J CO W w Z -� < lz Z z r w z O y v z a _ v w m < �' O w wO w- o w Z ¢ 0 0<� <w m<¢a xzx zr ¢moo w~ OO a w U¢ w O J Z w OU a w a M W < w w a z N m N w a m as 2 o a x ro 0, < O �x tLLU u J O m rm i° =Ww m� u ro W �- M 11 }.6 a °dLL- a z Ox � O o z o¢, aaw °� w Soot w< w} z¢ m K O U w¢¢ O> 0 0 CC r Z< O W Y > ~< Z z a N Y¢ S W¢ S U U� m< m f N z N m m¢ o z W m Z~ w O m LL} Z ¢ S m m~ S<' m Z< w W d x m N z vxi 7 y u_ 3 J m 11 U <O Y Z a O o Z< m U _� O O U<< J 3 Y< W¢ m 4 S 3 O< O O W (:l m w m 0 0¢� m j ! < m- Y O J J- U Y LIT (n >: F W �� ZGJJfq�Z m W W ¢ am NZ W �iO�NUJ'�0 � Yw <~ w :3w m LLF m�Z W m mJ V)OZ3 C7 m; W -T J � LLi m m W- w F Y Z ��OO zaw m�O¢z�¢�aaww¢ UaOa fZ<ww50,) -� UU❑OOta7=U' w1mrN -UUz W w LLW ww U' OUOOO' OOxxxxxxxxSxx x2 Y YY YY Y YY Y Y g 7 m fg g Packet Page -1977- 0 rn E d 0 a a a < J 3 < 9 c ¢ Z w 3 < m W Q v e � w ^ C C a a r ° o O a d m N o j � ~ >N Cl ¢ p o O U mm U U as << ¢ tt ❑ N�aZ am °`w 3 C 0 o❑ x� z ww LL < z gw Q < o ww WW w W o 0110 O0 V zw n^ 0 �.nN n nn n = N r M o F at o❑ P oN O ❑ N < w ❑ LU p 1- W O J M a m F W m 0 Z o N ~ N O } y r N U 22 � a Q W o Q w z � Y Y Y} >_¢ O F it o ¢ O -Z U < w �¢¢ o N a W 7a<3 W fns mz J <O <O < m� �w <Y <M m �a YO W lF�� -Q ¢ o> 7a zi sLLZcwW zzmo2ozz `no'ozmzwONxazmOZOOZ❑ao0 w¢NaN a¢o z�a >¢ o�¢cm c-ioa -U' r z p< LL J O m❑ m z5x Z K Z w z Y x Z w m< a i H i 2 vOi < O w w z Q w m Q Q m O a U p❑¢ Z C7 m y< J o~ O�} W C� ?� w oy w U w OOW p W ¢2¢m W m f0 W W W mS > W U ¢ 7 Jam¢ lA PoPM� w- , >oma�oww3w>awmzW<Y >wmw3 xz<wrJZ j0❑O ym-r wmww2,�<MmJ �w wo/n} Jwp- �wOwOa N O m�> Jm M PM (O m N.-� m >Z �Y �N V 1- ¢Q OOm JN❑ n° O�PO °m Zm"' w LL m.O, Nf0 Q Q M N M O a 0 N O x, U n^ m P N N LM) n M N n N M t p n Q n n N h W m Y m n N n n a N Y U f D (J J H N f 0 N m M H Y Q N N n n G D n U I W J CO W w Z -� < lz Z z r w z O y v z a _ v w m < �' O w wO w- o w Z ¢ 0 0<� <w m<¢a xzx zr ¢moo w~ OO a w U¢ w O J Z w OU a w a M W < w w a z N m N w a m as 2 o a x ro 0, < O �x tLLU u J O m rm i° =Ww m� u ro W �- M 11 }.6 a °dLL- a z Ox � O o z o¢, aaw °� w Soot w< w} z¢ m K O U w¢¢ O> 0 0 CC r Z< O W Y > ~< Z z a N Y¢ S W¢ S U U� m< m f N z N m m¢ o z W m Z~ w O m LL} Z ¢ S m m~ S<' m Z< w W d x m N z vxi 7 y u_ 3 J m 11 U <O Y Z a O o Z< m U _� O O U<< J 3 Y< W¢ m 4 S 3 O< O O W (:l m w m 0 0¢� m j ! < m- Y O J J- U Y LIT (n >: F W �� ZGJJfq�Z m W W ¢ am NZ W �iO�NUJ'�0 � Yw <~ w :3w m LLF m�Z W m mJ V)OZ3 C7 m; W -T J � LLi m m W- w F Y Z ��OO zaw m�O¢z�¢�aaww¢ UaOa fZ<ww50,) -� UU❑OOta7=U' w1mrN -UUz W w LLW ww U' OUOOO' OOxxxxxxxxSxx x2 Y YY YY Y YY Y Y g 7 m fg g Packet Page -1977- 0 rn E d 0 a w O� Z 3 x 0 �rn rn �o P co m mNO�M omo� M o, g acv oo W mop° -'orn °o A n o W N O W N N W W W W O W O W Q W W a 0 A p W X W M M W A N O� N M Q W W�p W N W W 10 P O P M M m M Q VI O M 10 f0 M M O M O M —O M M IiJ. LL y LL J Y li 4. LL Z lJi Z lJL li iJi J d LL LL LL LL LL LL Z LL LL < 1JL 1JL {J1. IJL LL li LL li _W z O 2 (< N p Z Y Z Z to Oa > >>w O > Oaw >a a z w a O J X J W Z M J K> J J o J O J� J O J J< m W W Q W a J J N J =¢< J J ..I � J �- J J O a U a, n m a w< a a p a r a UU a to a a z I- O m a a Z a Z a a i m a Z Z 2 a a a m e Z a a Z <,< < O w ¢ w m<< - <<< O < O < < < w O O < < < < Q < < O O < O ¢ < < < 4 O < O ¢ <z z Z m Z 3 C7 z o w Z Z Z o Z J Z m z z U 2< E Z Z U Z U Z Z F z z m U z Z Z Z Z Z m Z Z U H m O P W Z O O O W m r- ~ a P i- ¢ 0- Q w ° Q ¢ w U p o a No > o 0 o a w m O Z m < m U < ? a Z m Q 0° mmOmaz� �' �� m �� M m3 NJnnm rON w? Zp�ww w�m�¢ �OCm7� <vUma p<o JYO V w W M5 >< °ZP �Mw <¢- Oa,WaZCuoyO Fz?wwx <zQOSz aaw�� °a °¢w <¢ W- J W< W O m U W Z QQ U N U 7 J W J m W m 2¢ A W< m O W I-H WJ��n w W <W m_Z -1gNN gqQ° W Umpy Woo Om� W W p O O J Z~ Y X< tp a< J U' r< K Z W W V W Z 3< W on Z J K U G H Z W 10 W JJ W "2 W ir wx3 w w¢ moWga= zmvazz?W -a <- '¢�U°`mip3Wgmz <�OW°Wwp Qg Zw > >w w F- xw2w m 5 N m H m C7 °m p N U w in rn w 0¢ ° <> ry ti N n z W z < W O z> w < w Qp¢ w v~iUw Um> w �zz w m� mw�Jo- � <r z p w U Iii Z J LL Wm °W ¢ Z< ¢ �_ �mUmF - W JJ S m m n >>G pO Z N U m Z m < W IMI W O m w < x y w w i:J W LL1 a > J W F W O 1- J m W Z Z O U J z °- °� a7 J F,< C7 Z p Z F LL W m m a W W W w 0 O f- w~ p w a mQ W U N Y O Y m< S< O LL a ¢_ p J O z ¢ W J x J 111 ¢ W< J Z U W< N O Y p N< w N x Z m= m U Z j J> m U F w O m m x Y >} (� ? Z J Z V] V- z W N N W N W! n< Z <¢ Q Q W J LL a° Z f g Z z J J J _O O NOa¢ <W �OJJm �zZZZZ0000aaaaaaaaaaamm m¢m wwwwwwwn wrn� > > > > > >333 Packet Page -1978- 6/26/2012 Item 17.13. M m a f\ 0 m N E 0 v a a` z O z O UU J U O Y w z Z Q Lu S O O U Z J F < m W W z x LL O P P N �d n < W < > N a ~ U ¢ Z U S W z ¢ N O 0 ¢ Q ft J 2a w ¢ u u w w w Z Q m n ry ¢¢ ¢ d a m M z O O m w m p o w Z g w U U U Q Z F m ¢ O O z ZN swzw U) oZ .gam W WN QmQ m c'I YO'� W W W W W LL O 0 2 m= nm Z U �P W Co LLI°oxm mxmoU W A N A r m 1- - S- fN H m O P W Z O O O W m r- ~ a P i- ¢ 0- Q w ° Q ¢ w U p o a No > o 0 o a w m O Z m < m U < ? a Z m Q 0° mmOmaz� �' �� m �� M m3 NJnnm rON w? Zp�ww w�m�¢ �OCm7� <vUma p<o JYO V w W M5 >< °ZP �Mw <¢- Oa,WaZCuoyO Fz?wwx <zQOSz aaw�� °a °¢w <¢ W- J W< W O m U W Z QQ U N U 7 J W J m W m 2¢ A W< m O W I-H WJ��n w W <W m_Z -1gNN gqQ° W Umpy Woo Om� W W p O O J Z~ Y X< tp a< J U' r< K Z W W V W Z 3< W on Z J K U G H Z W 10 W JJ W "2 W ir wx3 w w¢ moWga= zmvazz?W -a <- '¢�U°`mip3Wgmz <�OW°Wwp Qg Zw > >w w F- xw2w m 5 N m H m C7 °m p N U w in rn w 0¢ ° <> ry ti N n z W z < W O z> w < w Qp¢ w v~iUw Um> w �zz w m� mw�Jo- � <r z p w U Iii Z J LL Wm °W ¢ Z< ¢ �_ �mUmF - W JJ S m m n >>G pO Z N U m Z m < W IMI W O m w < x y w w i:J W LL1 a > J W F W O 1- J m W Z Z O U J z °- °� a7 J F,< C7 Z p Z F LL W m m a W W W w 0 O f- w~ p w a mQ W U N Y O Y m< S< O LL a ¢_ p J O z ¢ W J x J 111 ¢ W< J Z U W< N O Y p N< w N x Z m= m U Z j J> m U F w O m m x Y >} (� ? Z J Z V] V- z W N N W N W! n< Z <¢ Q Q W J LL a° Z f g Z z J J J _O O NOa¢ <W �OJJm �zZZZZ0000aaaaaaaaaaamm m¢m wwwwwwwn wrn� > > > > > >333 Packet Page -1978- 6/26/2012 Item 17.13. M m a f\ 0 m N E 0 v a a` 6/26/2012 Item 17.13. RESOLUTION NO. 12- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER SV- PL20110002805 GRANTING A VARIANCE FROM "SECTION 5.06.04.F OF THE LAND DEVELOPMENT CODE TO ALLOW TWO WALL SIGNS ON ONE BUILDING CONSISTING OF AN EXISTING WALL SIGN OF 93.33 SQUARE FEET ON THE NORTHERN BUILDING FM ADE AND A SECOND WALL SIGN OF UP TO 96 SQUARE FEET ON THE WESTERN FACADE OF ITS BUILDING WHICH BUILDING IS LOCATED AT 2380 VANDERBILT BEACH ROAD IN SECTION 02, TOWNSHIP 49 SOUTH, RANGE 25 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 owns and operates the property located at 2380 Vanderbilt Beach Road in Collier County, Florida and seeks to add additional signage on the property; 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 WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered the advisability of granting these variances and all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition Number SV- PL20110002805 filed on behalf of A & D Real Estate Holdings II by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A. with respect to the property located in Section 02, Township 49 South, Range 25 East, Collier County, Florida, and more particularly described as: Unit 500 of Olympia Park, a Land Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 2763, Page 131 through 190, inclusive, as amended in Official Records Book Agave Southwestern GriIUSV- PL2011 -2805 Page 1 Rev. 5/18/12 Packet Page -1979- 6/26/2012 Item 173. 3875, Page 2975, and subsequent amendments thereof, all of the Public Records of Collier County, Florida, be and the same hereby is approved for two wall signs in the aggregate of 189.33 square feet as shown on the attached Exhibit "A" and subject to the Conditions of Approval attached as Exhibit .6B„ BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- PL20110002805 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of .2012. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Heidi Ashton -Cicko Managing Assistant County Attorney Attachment: Exhibit A — Sign Variance Site Plan Exhibit B — Conditions of Approval CP\12- CPS - 01137\20 Agave Southwestern Grill /SV- PL2011 -2805 Page 2 Rev, 5/18/12 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Packet Page -1980- n hLi �I mom 6/26/2012 Item 17.B. - ,� 61111` u ." "o 1. 23I.W..1 u4 A & A REAL ESTATE HOLDING 11 Q Gr. adyMinor >� Pon W S s lil" 230.444.rw1 SIGN VARIANCE CIdEMIrmers • LandSun*vrry . rlennm • LdndacaptArrhlteds SITE PLAIN cut. OPAt".nowill CM orAVn6lisolsf1 M�nwrl tCOOara 6 0 20' 40' SCALE; 1 " _ 40' ♦w radpCllm�mw p.CMyAIMA1Mid A�MK1Na. Yd ENDS 1 OF f Exhibit A Packet Page -1981- � -- -AREA OF SIGN .� r __-- j .art •w w >� rM .rrt r 'r VARIANCE - ♦ r r. 1 so r 1 10 V EXISTING 1 SIGN , 1 PROPOSED f WALL SIGN'' 1 (, UIVDE' ✓i f i AGAVE _. : SOUTHWESTER M ! GRILLE ` I LOAD 1 1 i ,� 61111` u ." "o 1. 23I.W..1 u4 A & A REAL ESTATE HOLDING 11 Q Gr. adyMinor >� Pon W S s lil" 230.444.rw1 SIGN VARIANCE CIdEMIrmers • LandSun*vrry . rlennm • LdndacaptArrhlteds SITE PLAIN cut. OPAt".nowill CM orAVn6lisolsf1 M�nwrl tCOOara 6 0 20' 40' SCALE; 1 " _ 40' ♦w radpCllm�mw p.CMyAIMA1Mid A�MK1Na. Yd ENDS 1 OF f Exhibit A Packet Page -1981- 6/26/2012 Item 17.13. CONDITIONS OF APPROVAL FOR SV- PL20110002�5 1. The additional wall sign is limited to a maximum of 96 square feet and is allowed on the western building facade facing towards Vanderbilt Beach Road. EXHIBIT B Packet Page -1982- 6/26/2012 Item 17.13. 20D) F.0da.Y,Airikl,20123) NA.PLES'DAILY ;NEWS NOTICE OF INTENT TO CONSIDER RESOLUTION 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, June 26, 2012, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East .Tamiami Trail, Naples, Florida The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: SV- PL20110002805, Agave Southwestern Grill, A Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number 5V- PL20110002805 granting a variance from Section 5.06.04.F of the Land Development Code to`allow two wall signs on one buildingg consisting of an existing wall sign of 93.33 square feet on the northern building fa4ade and a second wall sign of up to 96 square feet on the western fagade of its building which is located. at 2380 Vanderbilt Beach Road in Section 02, Township 49 South, Range 25 East, Collier County, Florida. Copies of the proposed Resolution are on file with the Clerk to.the Board and are available for inspection. All interested parties are invited to attend and be heard. 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 on behalf of an organization or group is encouraged. if recognized by the Chair, a spokesperson for a group or organization may be .allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record.. Any person who decides to appeal a decision ,of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record " of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order: to . participate in 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 3335 Tamiami Trait 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 FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: -.Teresa Cannon, Deputy Clerk (SEAL) tune 1. 2012 No. 195121 . 0A Packet Page -1983-