Agenda 01/26/2010 Item #17BAgenda Item No. 17B
January 26, 2010
Page 1 of 39
EXECUTIVE SUMMARY
SV- PL2009 -1165, Benderson Properties, Inc., represented by Bruce Anderson, Esquire of
Roetzel & Andress, LPA, is requesting a variance from Subsection 5.06.04.F.4. of the
Collier County Land Development Code (LDC) which allows one wall, mansard, canopy or
awning sign for each unit in a multi- occupancy parcel to allow two (2) wall, mansard,
canopy or awning signs per unit in a multi- occupancy parcel with one sign facing the
abutting road and one sign facing the internal parking area. The subject property is
located at 13555 Tamiami Trail North and 895 Wiggins Pass Road at the northwest corner
of Tamiami Trail North (US 41 North) and Wiggins Pass Road, in Section 16, Township 48
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 petitioner wishes to request a sign variance for additional proposed wall signs for internal
units located in two buildings (noted as Buildings 4 and 5) which anchor the corner of the
Gateway Shoppes at North Bay shopping center. Currently, each of the internal units in the
buildings are allowed one wall sign per unit.
Buildings 4 and 5 are designed in such a way that there are two building front facades on each of
the buildings. One of the front building facades is oriented towards a parking lot. The other
front building fagade is oriented towards the road right -of -ways.
In addition to the existing wall signage for each of the internal units that are currently oriented
towards the parking lot, the applicant is seeking to provide additional wall signage for each of
the internal units (noted as buildings 4 and 5 on the Site Plan in the Staff Report) that are
oriented towards the road right -of -way. (Please refer to the Aerial, Attachment A: Perspective,
and Attachment B: Photos, in the Staff Report)
As previously stated, the requested variance is from Section 5.06.04.F.4. of the Land Develop-
ment Code (LDC) which allows one (1) wall, mansard, canopy or awning sign for each unit in a
multi- occupancy parcel to allow two (2) wall, mansard, canopy or awning signs per unit in a
multi- occupancy parcel.
Page 1 of 1
SV- PL2009 -1165
12 -17 -09
Agenda Item No. 17B
January 26, 2010
Page 2 of 39
The result will be that each of the units will have a wall sign facing towards the parking lot and a
wall sign facing towards the road right -of -way.
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.
AFFORDABLE HOUSING IMPACT:
Approval of this Sign Variance would have no affordable housing impact.
ENVIRONMENTAL ISSUES:
There are no environmental issues associated with this Sign Variance.
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 (CCPC) RECOMMENDATION:
The CCPC heard petition SV- PL2009 -1165 on December 3, 2009, 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 the following Staff condition number 1 and CCPC
condition number 2:
1. The additional wall signs are limited to Building 4 and 5 unit facades facing towards
Tamiami Trail North (US 41) and Wiggins Pass Road (CR 888).
2. Awnings shall be installed in the center section of building facades Buildings 4 and 5
where the spandrel glass is located.
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:
This Executive Summary has been reviewed for legal sufficiency and is legally sufficient for
Board action. (STW)
Page 2 of 2
SV- PL2009 -1165
12 -17 -09
Agenda Item No. 17B
January 26, 2010
Page 3 of 39
RECOMMENDATION•
Staff recommends that the Board of Zoning Appeals (BZA) approve Petition SV- PL2009 -1165,
subject to Staff's and the CCPC conditions of approval as noted above and as contained in the
resolution.
PREPARED BY:
Nancy Gundlach, Principal Planner, AICP
Department of Zoning and Land Development Review
Page 3 of 3
SV- PL2009 -1165
12 -17 -09
Agenda Item No. 17B
January 26, 2010
Page 4 of 39
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number. 17B
Item Summary: This Item requires that all participants be swom in and ex parte disclosure be provided by
Commission members. SV- PL2009 -1165 Sanderson Properties, Inc., represented by Bruce
Anderson, Esquire of Roetzel & Andress, LPA, is requesting a variance from Subsection
5.06.04.F.4. of the LDC which allows one wall, mansard, canopy or awning sign for each unit
in a multi- occupancy parcel to allow two (2) wall, mansard, canopy or awning signs per unit in
a multi -occupancy parcel with one sign facing the abutting road and one sign facing the
internal parking area. The subject property is located at 13555 Tamiami Trail North and 895
Wiggins Pass Road at the northwest comer of Tamiami Trail North (US 41 North) and
Wiggins Pass Road, in Section 16, Township 48 South, Range 25 East, Collier County,
Florida. (CTS)
Meeting Date: 1/26/2010 9:00:00 AM
Prepared By
Nancy Gundlach
Planner, Principal
Date
Community Development &
Environmental Services
Zoning & Land Development Review
12128/2009 4:02:15 PM
Approved By
Ray Bellows
Manager• Planning
Date
Community Development &
Environmental Services
Zoning & Land Development Review
12/28/2009 4:45 PM
Approved By
Steven Williams
Assistant County Attorney
Date
County Attorney
County Attorney
1212912009 10:37 AM
Approved By
Judy Pulg
Operations Analyst
Date
Community Development &
Community Development &
Environmental Services
Environmental Services
12/2912009 12:57 PM
Approved By
Jeff Klatzkow
County Attorney
Date
1/4/2010 2:42 PM
Approved By
William D. Lorenz, Jr., P.E.
Director - CDES Engineering Services
Date
Community Development &
Environmental Services
Engineering & Environmental Services
111112010 11:00 AM
Approved By
Nick Casalanguida
Director - Transportation Planning
Date
Transportation Division
Transportation Planning
1112/2010 11:01 AM
Agenda Item No. 17B
January 26, 2010
Page 5 of 39
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
111412010 8:57 AM
Approved By
Mark lsackson
Management/Budget Analyst, Senior
Date
Office of Management &
Office of Management &Budget
1116/2010 10:31 AM
Budget
Agenda Item No. 17B
AGEN61q " 9'54of 39
Coen County
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: DECEMBER 3, 2009
SUBJECT: PETITION SV- PL2009 -1165, LAWMETKA PLAZA VARIANCE
PROPERTY OWNER/AGENT:
Applicant: Benderson Properties, Inc.
Oda Benderson Development
Company, LLC
570 Delaware Avenue
Buffalo, NY 14202
REOUESTED ACTION:
Agent: Mr. Bruce Anderson, Esquire
Roetzel & Andress, LPA
850 Park Shore Drive
Trianan Centre, 3`d floor
Naples, FL 34103
The applicant is requesting a variance from Section 5.06.04.F.4. of the Land Development Code
(LDC) which allows one (1) wall, mansard, canopy or awning sign for each unit in a multi -
occupancy parcel to allow two (2) wall, mansard, canopy or awning signs per unit in a multi -
occupancy parcel.
GEOGRAPHIC LOCATION:
The subject property is located in the Lawmetka Plaza PUD (Planned Unit Development)
(Ordinance No. 2002 -51) at the northwest corner of Tamiami Trail North (US 41) and Wiggins
Pass Road (CR 888) in Section 16, Township 48 South, Range 25 East, Collier County, Florida.
(Please see the location map on the following page.)
PURPOSE/DESCRIPTION OF PROJECT:
The sign variance is for additional proposed wall signs for internal units located in two buildings
(noted as Buildings 4 and 5) which anchor the corner of the Gateway Shoppes at North Bay
shopping center. Currently, each of the internal units in the buildings are allowed one wall sign
per unit.
SV- PL2009 -1165 Page 1 of 8
Dale Revised: 11 -12.09
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Agenda Item No. 17B
January 26, 2010
Page 9 of 39
Buildings 4 and 5 are designed in such a way that there are two building front facades on each of
the buildings. One of the front building facades is oriented towards a parking lot. The other
front building fagade is oriented towards the road right -of -ways.
In addition to the existing wall signage for each of the internal units that are currently oriented
towards the parking lot, the applicant is seeking to provide additional wall signage for each of
the internal units (noted as buildings 4 and 5 on the Site Plan) that are oriented towards the road
right -of -way. (Please refer to the Aerial below and Attachment A: Perspective and Attachment
B: Photos.)
As previously stated, the requested variance is from Section 5.06.04.P.4. of the Land Develop-
ment Code (LDC) which allows one (1) wall, mansard, canopy or awning sign for each unit in a
multi- occupancy parcel to allow two (2) wall, mansard, canopy or awning signs per unit in a
multi- occupancy parcel.
The result will be that each of the units will have a wall sign facing towards the parking lot and a
wall sign facing towards the road right -of -way.
AERIAL PHOTO SUBJECT PROPERTY
SV- P12009 -1165 Page 4 of 8
Date Revised: 11-12-09
Agenda Item No. 17B
January 26, 2010
Page 10 of 39
SURROUNDING LAND USE AND ZONING:
North: parking lot of the Gateway Shoppes at North Bay shopping center, with a zoning
designation of Lawmetka Plaza PUD (Planned Unit Development)
South: Wiggins Pass Road (CR 888) then an automobile dealership, with a zoning designation
of C -4, General Commercial
East: Tamiami Trail North (US 41), then a convenience store with a zoning designation of
C4, General Commercial
West: parking lot of the Gateway Shoppes at North Bay shopping center, then a strip shopping
center building, with a zoning designation of Lawmetka Plaza PUD (Planned Unit
Development)
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
Lawmetka 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.H 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 subject buildings noted on the Site Plan as buildings 4 and 5, as depicted on
Attachment A, are designed in such a way that the front of the buildings are not oriented
towards the road. The fronts of the buildings are inwardly oriented towards a parking lot.
What would typically be rear facades of the subject buildings are finished as front facades
facing towards a major arterial road, Tamiami Trail North (US 41) and Wiggins Pass Road
(CR 888) as depicted on Attachment B. Therefore, the applicant is seeking to provide
signage on these building facades that face toward the motorists traveling along these road
right -of -ways. There are a maximum of 5 proposed wall signs for each building fagade in
Building 4 and 5 that face towards the road right -of -ways.
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?
SV- PL2009 -1165 Page 5 of 8
Date Revised: 11 -12.09
Agenda Item No. 17B
January 26, 2010
Page 11 of 39
No. There are no special conditions or circumstances in regards to the above criteria. The
buildings are newly constructed.
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?
No. However, the applicant contends that if a literal interpretation of the LDC provision is
applied, it will have an adverse effect on their ability to lease the tenant spaces. The
tenants would have to choose between a wall sign facing towards along the road right-of-
way as depicted on Attachment C or a wall sign on the storefront facing towards the
parking lot.
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 additional wall signs that
are otherwise not permissible by code. As previously stated, the additional wall signs
would face a major arterial road, Tamiami Trail North (US 41) and Wiggins Pass Road
(CR 888). These additional wall signs will mimic the wall signs on the storefronts facing
towards the parking lot.
If the Conditions of Approval recommended by Staff are 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 each of the two building unit facades that face towards the road right -of -ways.
This sign variance confers special privilege on the applicant.
E 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 5.06.0l.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;
SV.PL2009 -1165 Page 6 of 8
Date Revised: 11 -12-09
Agenda Item No. 17B
January 26, 2010
Page 12 of 39
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 advances these objectives.
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,
eta?
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- PL2009 -1165 revised on
November 12, 2009.
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) forward Petition SV-
PL- 2009 -1165 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 signs are limited to Building 4 and 5 unit facades facing towards
Tamiami Trail North (US 41) and Wiggins Pass Road (CR 888).
SV- PL2009 -1165 Page 7 of 8
Date Revised: 11 -12 -09
PREPARED BY:
rlA,1
REVIEWED BY:
RAYMO D V. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING
AND LAND DEVELOPMENT REVIEW
Agenda Item No. 17B
January 26, 2010
Page 13 of 39
11 -1-01
DATE
dotAL/� v,1• ll hzo2
USAN M. ISTENES, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
APPROVED BY:
K. SCHMITT ADMINISTRATOR
NITY DEVELOPMENT & ENVIRONMENTAL
COLLIER COUNTY PLANNING COMMISSION:
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Staff report for the December 3, 2009 Collier County Planning Commission Meeting
Tentatively scheduled for the January 26, 2009 Board of County Commissioners Meeting
Attachment A: Perspective
Attachment B: Photos
SV- PL2009 -1165 Page 8 of 8
Date Revised: 115.09
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Agenda Item No. 17B
January 26, 2010
Page 15 of 39
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104
WWW.COLLIERGOV.NET (239) 252.2400 FAX (239) 643 -6968
SIGN VARIANCE PETITION
LDC Section 9.04.00
PETITION NUMBER (AR) SV- PL2009 -1165 REV: 2
PROJECT NAME. LAWMETKA PLAZA VARIANCE
PROJECT NUMBER DATE: 1113109
DATE PROCESSED r DUE: 11/18109
COORDINATING PLANNER
ABOVE TO BE COMPLETED By STAFF '
APPLICANT / OWNER INFORMATION
PETITIONER'S NAME: Benderson Development Company, LLC
ADDRESS 570 Delaware Ave. Buffalo, NY 14202
PHONE# 716-886-0211 CELL# n/a FAX #716-886-0126
E -MAIL ADDRESS: n/a
AGENT: Bruce Anderson FIRM: Roetzel & Andress Law Firm
ADDRESS 850 Park Shore Drive, Trianon Centre, 3•6 floor, Naples FL 34103
PHONE# 239- 649 -2708 CELL# n/a FAX # 239.261 -3659
E -MAIL ADDRESS: banderson @rolaw.com
Be aware that Collier County has lobbyist regulations. Guide yourself accordingly
and ensure that you are in compliance with these regulations.
Agenda Item No. 17B
LEGAL DESCRIPTION OF SUBJECT PROPERTY Page 16 of 3g
SECTION /TOWNSHIP /RANGE: 16/48/25 PROPERTY I.D.# s 00155884100 and 154640002
SUBDIVISION NAME: UNIT BLOCK LOT
METES & BOUNDS DESCRIPTION: (SEE ATTACHED LEGAL DESCRIPTION FOR THIS SECTION)
ADDRESS OF SIGN LOCATION: 13555 Tamiami Trail North; 895 Wiggins Pass Road
CURRENT ZONING: LAWMETKA P.U.D. LAND USE OF SUBJECT PARCEL: Commercial
Length & Height of wall upon which the Sign will be secured: 1.Length of Wall Bldg #5: Aprox. 224' -0 ". Ht. of
wall; 30' -6 ".
2. Length of Wall Bldg 94: Aprox. 192' -6 ". Ht. of wall: 36' -6". (if Wall Sign)
Width of Subject Property: Approx. 1200 ft. The road frontage along U.S. 41 is 1294.39 ft and along
Wiggins Pass it is 1087.44 ft. for a total of 2381.83 ft. 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 101;
why encroachment is necessary; how existing encroachment come to be; etc.
The apolicant respectfully reauests a variance from LDC Section 5 06 04 F4 to allow buildings 4 & 5 interior
tenants to have both front and rear building sians Interior units would like to have a sign facing towards Wigain
Pass Road or US 41 Irear of the bldasi m conlunction with their existing storefront sign
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.
In building 4 & 5 the tenant storefronts are oriented inwards towards the primary parking lot and are not
visible from US 41 or Wiggins Pass. Consistent with new urbanism principles, and Collier County's desire to
have buildings placed closer to the road to minimize expansive parking fields between building and roadways, out
buildings #4 & 5 were placed near the perimeter of the development. Given that more generous parking areas
would thereby be located towards the inside of the center, the decision was made to face the store entrances
towards the plaza. In this configuration, more parking spaces in close proximity to the store entrances are
available, an important element for potential customers. Architecturally, the buildings were designed to have
"four sided architecture" to enhance the facades facing Wiggins Pass and Rt 41 to eliminate the typical rear
building fapde appearance. At Collier County's request the facades facing each road were enhanced to more
closely resemble several storefronts. It is anticipated there could be 4 -5 tenants in each for buildings 4 &5.
Allowing tenant signs on what may appear to be the front of stores would be appropriate and would not look out
of place.
Agenda Item No. 17B
January 26, 2010
Page 17 of 39
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.
See above.
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.
The literal interpretation of the zoning code will have an adverse effect on our ability to lease the spaces as
tenants will need to choose either a sign on the rear of the space (primary visability to vehicular traffic) or a
sign on the actual storefront. Both signs are critical to the tenants success. The request is reasonable, and will
not result in any substantial detriment to the public good and will not substantially effect the intent or
purpose of Section 5.06.04 F4 of the LDC.
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, the ability to have signs placed on the front and rear of the tenant spaces is the minimum variance
required to provide the visibility essential to the success of the businesses.
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.
Due to the uinique configuration and orientation of the buildings, the requested variance is to help attract
and maintain businesses. The signs, given their placement, would not both be visible at the same time.
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.
There will not be any adverse effect on the neighborhood or the public welfare by granting the required
variance. The sides of Building 4 & 5 that front at a major intersection are made to resemble the fronts of
several stores so the signage would not be out of place.
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.
Located at a major intersetion of U.S. 41, instead of building a traditional asphalt front shopping center, the
applicant utilized new urbanism principles to place the buildings close to the road and then oriented the
buildings and parking toward the interior.
8. Will granting the variance be consistent with the Growth Management Plan?
The request is not substantial and will be consistent with the Growth. Management Plan.
Agenda Item No. 17B
January 26, 2010
Page 18 of 39
AFFIDA
Well, David H. Baldauf being first duly sworn, depose and say that well 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 beat of our
knowledge and belief. Well 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.
As property owner Well further aufhorized4L c QnyQp_y- to act as ourlmy representative in any
,,matters regarding reg ing this Petition.
ivC
r1o, B¢ iopmea Ln.?':n4, 6c
Signature of Property Owner V Signature of Propert y Owner
David H. Baldauf
Typed or Printed Name of Owner Typed or Printed Name of Owner
The for going instrument w acknowledged before me this day of 20� by
'il(i �ri�C�Cif t who is personally known to me or has produced t
as identification.
(Signaturerof No y Public- State of � )
;. MM AN NGW Yor%�
H4
(Print, Type, or Stomp Commissioned
Name of Notary Public)
SV- PL2009 -1165 REV:2
LAWMETKA PLAZA VARIANCE
DATE: 11/3109
DUE: 11/18/09
Agenda Item No. 17B
- -A11a. 31. 2000 10: 50nM HENDERSON CORP. �n�ag 19 PV43
2615111 OR: 2658 FG: 2458
"CORDED 1n OuICIAL RECORD$
04/01/2000 It 07 :10U ORIGn
PREPARED BY AND RETURN TO:
THOMAS G. ECKERTY, aSQUIRE
12734 Kenwood lane, Sidra as
Fort Myers. FL 33907.5636
Stlsp No„
of COL8,I8R Car
B, BROICK, CLBk,.
con 7600000,
EEC FEE 10,
DOCP,70 53100,
COYIE8 2,
EIBG 1,
Rewrding: S RIM;
I Oocumenlary Stamps: $- ROV111, 8 ARDRE$5
850 Au anon DR 38 FlOOR
THIS WARRANTY DEED made this j a W111 Pb 31103
�` day of March, 2000, by
THOMAS G. ECKERTY, successor Trustee Under unrecorded` land trust dated June 1, 1992, with
full power and authority to protect, conserve, sell, lease, encumber or to otherwise manage and dispose of
the real property described herein, as provided in §589,071, F, S.,
whose post office address is 12734 Kenwood Lane, Suite 89, Fort Myers, Florida 83907, hereinafter called
the Grantor, to
BENDERSON DEVELOPMENT COMPANY, INC., a New York Corporation, as to an eighty five
(85 %) percent undivided interest, and WR -I ASSOCIATES, LTD„ a Florida limited partnership, as to a fifteen
(15 %) percent undivided interest, as tenants in common,
whose post office address is 570 Delaware Avenue, Buffalo, New York 14202, hereinafter called the Grantee;
WITNESSETH: That the Grantor, for and in consideration of the sum of Tan Dollars ($10.00) and
other valuable considerations, receiptwhereofis hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the Grantee all that certain land, situate in Collier County, State
of Florida, viz:
The Southeast one - quarter of the Northeast one- quarter of Section 16, Township 48
South, Range 25 East, lying West of the new US 41, Collier County, Florida
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
THIS PROPERTY IS NOT NOW NOR HAS IT EVER BEEN THE HOMESTEAD OF GRANTOR.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or In
anywise appertaining;
TO HAVE AND TO HOLD the same in fee simple forever,
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land
Is fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby
warrants the title to said land and will defend the same against the [awful claims of a# persons whomsoever,
and that said land Is free of all encumbrances, except taxes accruing subsequent to December 31, 1999.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year
first above written.
THOMAS G. ECKERTY,
land trust dated June 1,
.
,.ni,.31.2000 10'51RM H Agen _NDERSON CORP, �J�n a &2Ite C '2s No 17B
hW3
>r>k>r OR P���PG 9 2459 I
authority to protect, cgnserve, sell, lease, encumber
or to otherwise manage and dispose of the real
Property described herein, as provided In §9ag.071,
F. S.
1
I
I STATE OF FLORIDA )'
COUNTY OF LEE
The foregoing instrumentwas acknowledged before me this day of March, 2000, by THOMAS
G. ECKERTY, Trustee, who is personally known t❑ m@ OR who produced
identification, and who did /did not take an oath. as
F:0. IiAHKLEM Notary P bfic
ON • a DOW Printed n�i>,mm ame: errko&B -*0 !on No.:
My Commission Expires:
Co er County
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLIERGOV.NET
Agenda Item No. 17B
January 26, 2010
Page 21 of 39
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 252 -2400 FAX (239) 643 - 6968
PL#
Date• imer 1 tZCt,
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Proje�r ta.,..,..
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Meeting Attendees: (attach Sign In Sheet)
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Agenda Item No. 17B
°
January 26, 2010
Page 22 of 39
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Agenda Item No. 17B
CAJanuary 26, 2010
C »' County Page 23 of 39
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104
WWW.COLLIERGOV.NET (239) 252 -24DO FAX (239) 643 -6968
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER
LISTED BELOW W /COYER SHEETS ATTACHED TO EACH SECTION.
NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED.
FEES:
® Pre - application Fee $500.00 (Applications submitted 9 months . or more after the date of the last
pre -app meeting shall not be credited towards application fees and a new pre - application meeting will
be required.)
Review Fees;
® $2000.00 Sign Variance
$50.00 Fire Review Fee
❑ After - The -Fact Zoning /Land Use Petitions 2x the normal petition fee
® $925.00 Estimated Legal Advertising Fee - CCPC Meeting
® $500.00" Estimated Legal Advertising Fee - BCC Meeting
(any over- or under - payment will be reconciled upon receipt of Invoice from Naples Daily
News).
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REQUIREMENTS _
COPIES
REQUIRED
REQUIRED
Completed Application (download from website for current form)
12
Pre-Application meeting notes
12
Completed Addressing Checklist, Signed by Addressing Department
1
Survey or Site Plan of property depicting the following:
12
10 All property boundaries & dimensions
/ North arrow, date and scale of drawing
All existing and proposed signs (labeled as such)
1 Existing sign setbacks and proposed sign setbacks
Owner /Agent Affidavit signed & notarized
1
Location map depicting major streets in area for reference
1
FEES:
® Pre - application Fee $500.00 (Applications submitted 9 months . or more after the date of the last
pre -app meeting shall not be credited towards application fees and a new pre - application meeting will
be required.)
Review Fees;
® $2000.00 Sign Variance
$50.00 Fire Review Fee
❑ After - The -Fact Zoning /Land Use Petitions 2x the normal petition fee
® $925.00 Estimated Legal Advertising Fee - CCPC Meeting
® $500.00" Estimated Legal Advertising Fee - BCC Meeting
(any over- or under - payment will be reconciled upon receipt of Invoice from Naples Daily
News).
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Agenda Item No. 17B
Date, 0 /27/200/ rime, 10�25 rn s >, a asas7a4 a�a saptoc �lanuary 26 2010
Page 2"M'39 2
CAT Cmnty
COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESH E DRIVE:
ADDRESSING DEPARTMENT NAPLES, FLORIDA 341 4
WMV COLLIERGOY NET. (239) 252.2400 FAX (23 ;232-5724
Please complete the following and fax to the Addressing Dmpettment at 239 -252 -5724 or subml
Addressing Department at the above address, F
in person to the
ease g d far
Not all Items will apply to every project. ItemS In bold type are required. FOLIO NUMB
PROVIDED. Forma older than a months will require additional review and approval by
Department.
9 MUST BE
the Addressing
PETITION TYPE (b,dicate type below, complete a separate Addressing Checklist for each Petftt
(ype)
❑ BL (Blasting permit) SDP (Site Development Plat)
SD (Boat Dock F ter3sion)
SDPA (SDP Amendment)
CamlvaVCircus Permit ® SDPI (Insubstan(W Change to
CU (Conditional Use)
H
P)
SIP (Slat Improvement Plan)
EXP (Excavation Permil) ❑ SIPI (Insubstantial Change to SI
FP (Final
)
Plat E] SNR (Street Name Change)
LtA (Lot Llne Adjustment) ❑ SNC (Street Name Change — u
latted)
o PNC (Project Name Change) ❑ TDR (Transfer of Devetopment
❑ PPL (Plans & Pat Review)
ghts)
® VA (Variance).
E PSP (Preliminary Subd v suer Plat) ❑ VRP (Vegetation Removal Parm
[] PUD Rezone
)
El VRSFP (vegetation Removal &
[j RZ (Standard Rezone) ❑ OTHER
Ito Fill Perm$)
LEGAL DESCRIPTION of subject property or properties (copy of lengthy de4edption mey be a had)
LAWMETKAPUn.rneea,ncarlAr
OF NEW US 41 BEING DESC, IN Q8.2571 PG 955 L�L"""
POLIO (Property t0) NUMBWs) ofabove (ffggch to, orsssnUate fegaldescriatlan If mom n One)
nD155se41oa
STREET ADDRESS or ADDRESSES (es appllcabla, ;7 already assigned)
13995 TAMIAMI TRAIL NORTH QR r� (,k_)'� •-._S
a LOCATION MAP must be attached showing exact location of projec'Jsite in relation t nearest puylic road right -
of -way
e SURVEY (copy - needed only for unpetted properties)
PROPOSED PROJECT NAME (il eppfiooble)
REQUEST A VARIANCE TO ALLOW BUILpING 4 & 5 INTERIOR f ENA T5 T(� HAV
WALL SIGNS ON BOTH FRONT AND BACK OF BUILDINGS
PROPOSED STREET NAMES (ifappticable)
SITE DEV✓wLOPMENT PLAN NUMBER (f0rextsfrng pmjecta/srtes only) I
X47332 V-.0 I 11022$9.W09 II
f
Agenda Item No. 17B
__• -. - ...r.w. ..a,rs an ua AIY. ra. 4 .Si. ii4 8&A Mplea r.4anuary O1aa
Ar S.W.
Page d of 3$
COLLIER COUNTY GOVERNMENT E DRIV
28(10 NORTH HORSESH E
ADDRESSING DEPARTMENT NAPLES, FLORIDA 4
WWW.00LLIERGDV NET. (239} 252 -2400 FAX t23 ) 282 -5724
SDP— __ or AR #
Prcq= or development names proposed for, or already appearing In, condominiurn doaments
Indicate whethgr proposed or existing)
Please Check One:' ® Checklist is to be Faxed back ❑ Personally Picked Up
APPLICANT NAME: R. B UCE ANDERSON
PHONE 239 649 -270 FAX 2MZ61T,3659
Signature on Addressing ChsW t does not constitute Project and /or Street N me approval
and is subject to further review by the Addressing Department.
FOR STAFF USE ONLY
PLN Number (Primary) OD 1 5'S 45'3 41 0 O
Folio Number...
Folio Number
Folio Number
Approved by.
Date
Updated try:
Date: ii-
I
IF OLDER THAN 6 MONTHS, FORM MUST BE
UPDATED OR NEW FORM SUBMITTED
507331 V.e1 1 1022531=8
Print Map Agenda ItgT �7
January 4 bb�"
Page 27 of 39
® 20M Caller County poplin, APprahmL IWIM the CnIDar County Pmpnn, Appmlor u nommlged m providing the moss adcumle and up- taCale automation, no wamnliee exposed or implied am provided
for It. did. hand , Its me, er l milelmLgen.
littp: / /www. collierappraiser. coiTdwebmap /mapprint.aspx? title = &orient = LANDSCAPE &pa.. 9/23/2009
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Agenda Item No. 17B
g January 26, 2010
Page 29 of 39
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Agenda Item No. 17
t Janry 26 01
4.12 .Common Area Maintenance
Common Area Maintenance, including the maintenance of common facilities, open spaces, and
water management facilities shall be the responsibility of a homeowners' association to be
established by the developer.
4.13 Architectural and Site Design Standards
All development within the Lawmetka Plaza PUD shall be subject to Division 2.8 of the LDC
and architectural considerations shall be unified for each tract including building design,
landscaping, and signage. However, as an alternative to the requirement of Section 2.8.3.1.4(b)
of the LDC, parking for corner lots that require a specified percentage of the required parking to
be located behind the entire commercial building or project, this requirement shall be waived if
the U.S. 41 and Wiggins Pass street firontages are developed with out parcels along the entirety of
these street frontages or where there are gaps between out parcels, a type' B" buffer shall be
provided along the street frontage to screen proposed parking areas from view. The north wall of
any structure, including walls and building facades on Parcel C, shall at a minimum be stuccoed
and painted, or otherwise be an architecturally finished opaque masonry wall, however, no north
wall shall be painted concrete block as its final finish.
The development of the first tract will set the standards for other development areas, unless
architectural guidelines are established in advance of development of the first tract in the foam of
0 deed restrictions or other measures acceptable to Collier County.
4.14 Sims
All signage shall be in confomrance with Division 2.5 of the LDC; however, platted interior
tracts are permitted two (2) ground signs at the tract entrance, not to exceed a total of one
hundred and twenty (120) feet at each tract entrance.
4.15 Parkins
All development shall be subject to Division 2.3 of the LDC, Off -Street Parking and Loading.
4.16 Landscaping
All landscaping shall be in conformance with Division 2.4 of the LDC.
4.17 Utility Areas
Utility areas, including trash receptacles, shall be completely screened from the view of customers
and adjacent property owners to a height of 6 feet above finished grade.
-7-
F:TUD Documents %Lawmetka5.doc
Agenda Item No. 17B
January 26, 2010
Page 31 of 39
GundlachNancy
From:
bellows _r
Sent:
Monday, August 31, 2009 4:45 PM
To:
CarrelDanelie
Cc:
Guncl achNancy
Subject: g
CityView Autogenerated - Pre - application meeting for a Sign Variance
August 31, 2009
Dear Danelle Carrel,
The activity Schedule Pre - Application Meeting has been assigned to you.
This is required to be completed by 9/13/2009 12:00:00 AM
Comments:
Pre -app for a Sign Variance
Requested By: R. Bruce Anderson on 26- Aug -09
Phone: 239 649 -2708 eMail: banderson @ralaw.com
Representing: Benderson Dev. Co., Inc.
Folio: 00155884100
Zoning Lawmetka PUD
Subject Type: Variance
Location: 13995 Tamiaml Trail N Naples 34110
Description: Request a variance to allow building 4 & 5 interior tenants to have wall signs on both front and back of
buildings.
Thanks
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Agenda Item No. 17B
January 26. 2010
11.2.09
Agenda Item No. 17B
January 26, 2010
Page 34 of 39
RESOLUTION NO. 10 -
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF
COLLIER COUNTY, FLORIDA, RELATING TO PETITION
NUMBER SV- PL2009- 1165, GRANTING A VARIANCE FROM
SECTION 5.06.04.F.4 OF THE LAND DEVELOPMENT CODE, TO
ALLOW TWO SIGNS PER UNIT IN A MULTI - OCCUPANCY
PARCEL, WHICH SIGNS ARE LOCATED AT THE LAWMETKA
PLAZA PUD ON THE NORTHWEST CORNER OF TAMIAMI
TRAIL NORTH (US 41) AND WIGGINS PASS ROAD (CR 888), IN
SECTION 16, TOWNSHIP 48 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 wishes to have two signs per unit on buildings due to the store
fronts facing the interior of the property; and
WHEREAS, without a variance, Petitioner is entitled to only one sign per unit, pursuant
to §5.06.04.F.4; 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:
The Board hereby approves a variance from LDC §5.06.04.F.4 to allow two signs per
unit in a multi - occupancy parcel as depicted in Exhibit A, and subject to the conditions found in
Exhibit B, as requested in Petition SV- PL2009 -1165, filed by Bruce Anderson, Esquire of
Roetzel & Andress, LPA, on behalf of the Petitioner, Benderson Properties, Inc., concerning the
SV- PL2009 -1165 Rev. 1114109
1 of
Agenda Item No. 17B
January 26, 2010
Page 35 of 39
subject property located at the Lawmetka Plaza PUD on the northwest comer of Tamiami Trail
North (US 41) and Wiggins Pass Road (CR 888), more particularly described as: all that part of
the southeast 1/4 of the northeast'. of Section 16, Township 48 South, Range 25 East, Collier
County, Florida. Exhibits A and B are attached hereto and incorporated herein by reference.
BE IT FURTHER RESOLVED that the text (including content and size) of the signs
depicted in Exhibit A is not the subject of this variance.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV-
PL2009 -1165 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this' day of
12010.
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
By:
Chairman
Approved as to form and
legal sufficiency:
Stevcn T. Williams S(J q.oq
Assistant County Attorney dV
Attachments: Exhibit "A!'— Site Plan
Exhibit "B" — Conditions of Approval
09-CM00985110
SV- PL2009 -1165 Rev. 1114109
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Agenda Item No. 17B
January 26, 2010
Page 37 of 39
CONDITION OF APPROVAL
FOR
SV- PL2009 -1165
1. The additional wall signs are limited to Building 4 and 5 unit facades facing
towards Tamiami Trail North (US 41) and Wiggins Pass Road (CR 888).
2. Awnings shall be installed in the center section of building facades Buildings 4
and 5 where the spandrel glass is located.
EXHIBIT B
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Naples Daily News a Sunday, January 10, 2020 a 22D
NOTICE OF INTENT TO CONSIDER RESOLUTION
Notice is hereby given that the Board of County Commissioners, as the Board of
Zoningg Appeals; of Collier Couny will hold a- public hearing on,Tuesday, January
26, 2010, in the Boardroom, 3rd Ploor, Administration Building,'Colibr Co, Gov-
26, Center, 3301 East Tamiami: Trail, Naples, Florida. The meeting will begin at
9:00 A.M. The title of theprmpmed resolution is as folimm. .
A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORI-
DA,- RELATING; TO PETITION NUMBER SV- PL2D09.1165, GRANNTTIING VARIANCE
FAOpj SECTION 5A6.04.FA OF THE LAND DEVELOPMENT CODE, TO ALLOW TWO
SIGNS PER UNIT IN A MULTI-OCCUPANCY PARCEL, WHICH SIGNS ARE LOCATED TO
THE LAWMETKA PLAZA PUD ON THE NORTHWEST CORNER OF TAMIAMI TRAIL
NORTH (US 41) AND WIGGINS PASS ROAD (CR 866), IN SECTION 16, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA ..
Petition: SV- PL2009.1165, Benderson Properties, Inc,, represented Bruce Antler-
son, Esquire of Roetzel & Andress, LPA, is requesting a variance m Subsection
5.06.04.F.4. of the UDC which allows one w, all, mansard, canopy' or,awning; sign for
each unit in a mukioecupency parcel tp allow two (2) wall, mansard, canopy or
awning signs'per unit In a mu occupancy parcel with one sign, facing the abuttlrnhgg
road and one sign facing the internal parking area. The sub)ect property Is loceted
at 13555.Tamiami Trail North and -895 Wiggins Pass Road at the northwest corner
of Tamiaml Troll North (US 41) and N' Ins Pass Road In Section 16, Township 48
South, Range 25 East, Collier County, Florida.
NOTE: All Persons wishing to speak on any agenda item' musi register with the
Courhty Adminlstrator; prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minAes on any item: The selection of an In-
dividual to speak on behalf of an organize n. or group b anwuregad. If¢recog-
nized by the Chair, a spokesperson; for a gro2p or organizalion:,.mey eee allotted 10
minutes to speak on an item.,.!"
Parsons wishing to have written or �graphk materials included 11 n the Board agenda
packets must submit said material a minimurp.of 3 weeks prior to the respective
public hearing. In any rase, written materials Intended to be considered 0y 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 t1w: Board
.11, become a permanent (cart of the record. .
Any person who decides to appeal a dedsion 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 evi
dence upon which the appeal Is based, -: if you are a person with a disability who needs any accommodation in order to pare
tiapate in this proceeding; you are entitled, at no cost to you; to the provision of
certain assistance. Please contact the Collier County Facilities .Management, Depart+
mentr located at 3301 Tamiami'Trail East, Building W, Naplas,' Floods 34112; (2391
252.8380. Assisted listening devices for the hearing impaired are available in the
County Commissioners Office.. ,.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN -
FRED COY-LE, VICE- CHAIRMAN
DWIGHT E. BROCK, CLERK
By Martha Vergara, Deputy Clerk
(BEAU No ta37177
Mmary 10'7070
If
Agenda Item No. 17B
January 26, 2010
Page 39 of 39
Agenda Item No. 17C
January 26, 2010
Page 1 of 30
EXECUTIVE SUMMARY
Recommendation to approve an amendment to Ordinance No. 2004 -58, as amended,
known as the Property Maintenance Ordinance, to eliminate the rental registration
program and clarify verbiage relating to inspections of structures pursuant to the
Board's December 15, 2009 direction.
OBJECTIVE: That the Board of County Commissioners (BCC) approves an amendment to
Ordinance No. 2004 -58, to eliminate the rental registration program and clarify verbiage relating
to inspections of structures and related costs incurred by the County.
CONSIDERATIONS: At the December 15, 2009 meeting, the BCC gave approval to bring
back an amendment to Ordinance No. 2004 -58. The amendment includes elimination of the
rental registration program, approved by the Board of County Commissioners on October 13,
2009; the cost to administer the program exceeds the revenue generated. This amendment also
clarifies inspections by request. There would be a fee charged to the property owner for each
unit inspected consistent with the Community Development and Environmental Services Fee
Resolution. Revisions to Sections 13 and 20 clarify the Code Enforcement Board and Special
Magistrate processes in regard to costs incurred by the County and assessment of costs to owners
when abatements are executed by the County.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves an amendment to
Ordinance No. 2004 -58, to eliminate the rental registration program and clarify verbiage relating
to inspections of structures and the Code Enforcement Board and Special Magistrate processes in
regard to costs incurred by the County and assessment of costs to owners when abatements are
executed by the County.
PREPARED BY: Marlene Serrano, Operations Manager, Code Enforcement Department
Agenda Item No. 17C
January 26, 2010
Page 2 of 30
f8D . pbYriglttp�r ith 2010 • Hep DaRy news
NOTICE OF INTENT TO CONSIDER ORDINANCE '
Notice is ,hereby given that on Tuesday, January .26, 2010, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, '3301 East Ta-
miami Trail, Naples, Florida, -the Board -of County Commissioners will consider he
enactment of a County Ordinance. The meeting will eommence'at 9:00 A.M. The:
title of the proposed Ordinance. is as follows: .
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF.COLLIER COUN --
TY, FLORIDA,_ AMENDING ORDINANCE N0; 2004.58, AS AMENDED. KNOWN AS THE
AND SECTION
ILk1l.lI&I
PREMISES, SECTION TEN, NOTICE OF VIOLATION PROCEDURES, SI
METHOD FOR DESIGNATION AND ELIMINATION OF, HAZARDOUS C(
TION TWELVE, STANDARDS FOR THE REPAIR ORi' DEMOLITION
BUILDINGS BY. THE COUNTY, SECTION• THIRTEEN, ASSESSMENT OFF
FOR REVOCATION OF BOARDING: RENEWAL CERTIFICATE, AND SECTION TWENTY- -
FOUR, PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF LAMS AND.ORDI-
NANCES• PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. -
Copies of the proposed Ordinance 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 vulll be limited to 5 minutes on any Item. The selection Of am-in-
dividual to speak on behalf of an organization or group is encouraged. :If.recog-
nized by the Chairman, 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 respa Live
public hearing.. 'In any case, written materials intended.to be considered by, the
Board shall be submitted to the appropriate County staff a minimum nf'seven days
prior to the public bearing. All material used in .presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal 8 decision of the Board will need a record of The,
proceedings pertaining thereto and therefore, may need to ensure that ii verbatim
record of the .proceedings is made, which record includes the testimony and e" ,
dense upon which the appeal is based.
If you are a person with a disability who needs any accomrngdatiotj in`order;tq: par
ticipate in this proceeding you are entitled, at no cost toyouu, to the provisign of
certain assistance. Please contact the Collier County Facilities Management Depart.
ment, located. at 3301 Tamiami' Trail East, Building W, Naples, Florida 34112,
(239)252 -8380. Assisted listening devices for the hearing impaired are available 1 ,
the County Comm issioners'Office.
.BOARD OF COUNTY COMMISSIONERS
-
COLLIER COUNTY, .FLORIDA
'
DONNA FIALA, CHAIRMAN - - -
FRED CQYLE y.IC.I CHAIRMAN
DWIGHT E BROCK CCERk " c YAW
By: Martha ,Verga:rA Deputy Clerk _ + e,
January Y31. ------- ,