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Agenda 04/14/2009 Item #17C Aaenda Item No. 17C - April 14, 2009 Page 1 of 38 EXECUTIVE SUMMARY SV-2008-AR-13665 Port of the Islands Community Improvemeut District, represented by Rohert L. Duane, AICP, of Hole Montes, Inc., is requesting a Sign Variance from LDC Suhsection 5.06.04 C.16.h.i. which allows a maximum sign area of 12 square feet to allow a 64-square foot off-premise sign at the Port of the Islands. The subject property is located in the Port of the Islands at the intersection of Tamiami Trail East (U.S. 41) and Newport Drive in Section 9, Township 52 South, Range 28 East, Collier County, Florida. 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 ofthe 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 sign variance is for a proposed off-premise directional sign that is to replace an existing off- premise sign located in the median of Newport Drive where it intersects with Tamiami Trail East (U.S, 41) as depicted on the map and plan on the proceeding pages. The proposed sign will identifY the southern pOliion of the Port of the I slands, an approximately 40 year old resort and waterfront community remotely located approximately 12 miles east of the urban area in Collier County. The sign is proposed to be 52 square feet larger than the LDC prescribed sign. The proposed sign is 64010 square feet as opposed to the LDC prescribed 12 square feet. The proposed 64010 square foot, 8-foot height sign will replace an existing, nonconforming 80-square foot, IS-foot height sign at the same location. The proposed sign will generally identify the "Resort and Waterfront Community," replacing the existing sign that identifies 4 land users: "Hotel, Restaurant & Bar, Marina and Visitor Center." The requested variance is from Collier County Land Development Code (LDC) Subsection 5,06,04 c'16,b.i. which allows a maximum sign area of 12 square feet for an off-premise directional sign to allow a 64010 square foot off-premise sign, FISCAL IMPACT: Approval ofthis Sign Variance petition would have no fiscal impact on Collier County. Page 1 of4 Aaenda !terTi No. 17e ~ April 14 2009 Page 2 0138 GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE): The subject property is located in the Urban Mixed Use Residential Land Use Designation 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 site 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 requcst is not specifically addressed, 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 (EAn RECOMMENDA nON: The Environmental Advisory Council does not nom1ally hear Variance petitions and did not hear this one, COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard petition SV-2008-AR-13665 on February 19,2009, and by a vote of 8-0 recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommcndation of approval subject to the following conditions: I. Allow the option of a pole sign or a monument sign, 2. The language should reference the public boat ramp. As Staff proceeded to make the stipulated revisions to the resolution, it came to Staffs attcntion that the rcquest to allow thc option of a pole sign or a monument sign can not be added to the resolution as the LDC (Land Development Code) does not grant this flexibility, Regarding the second request, the language is shown on the revised Sign Exhibit in the resolution, 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: The Petitioner is requesting a Sign Variance to allow a 64-square fo01 off~premise sign for Port of the Islands Community Improvement District. The granting of such a Variance is pem1itted under LDC S9.04,02, Page 2 of4 AgenGa Item No. 17C .".priI14, 2009 Page 3 of 38 The attached staff report and recommendations of the Planning Commission are advisory only and are n01 binding on you. Decisions regarding Variances are quasi-judicial. As such this item requires ex parte disclosure, and 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 helow, and you may question Petitioner, or staff; to satisfy yourself that the necessary criteria have been satisfied. LDC Section 9.04,02.A requires 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 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, Approval of this request requires three affirmative votes of the Board (majority vote), In granting a Sign Variance, the Board of Zoning Appeals may prescribe the following: 1, Appropriate conditions and safeguards in confomlity with the zoning code or other applicable county ordinances. Violation of such conditions and safcguards, when made a part of the 1enns 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 Si!!:U 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, 2, There are special conditions and circumstances which do not rcsult from thc 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 prom01e 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 hamlOny 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 amel iorate the goals and objcctives 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, - STW Page 3 of 4 Agenda Item No. 17C April 14, 2009 Page 4 of 38 RECOMMENDA nON: Staff recommends that the Board of Zoning Appeals approve the petition request for SY-2008- AR-13665 for a variance to allow an off-premise sign with a maximum area of 64 square feet, as depicted in the attached resolution. PREPARED BY: Nancy Gundlach, Principal Planner Department of Zoning & Land Development Review Page 4 of4 Item Number: Item Summary: Meeting Date: Page lof2 Agenda Item No. 17C April 14, 2009 Page 5 of 38 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 17C This Item requires that all participants be sworn In and ex parte disclosure be provided by Commission members SV-2008-AR-13665 Port of the Islands Community Improvement District, represented by Robert L. Duane, AICP. of Hole Montes, Inc. is requesting a Sign Variance from LOC Subsection 506.04 C.16b.i which allows a maximum sign area of 12 square feet to allow a 64~square foot off-premise sign at the Port of the Islands. The subject property is located in the Port of the Islands at the intersection of Tamiami Trail East (U.S. 41) and Newport Drive in Section 9, Township 52 South, Range 28 East, Collier County, Fiorida (CTS) 4114/20099.0000 AM Prepared By Nancy Gundlach Community Development & Environmental Services Principal Planner Date Zoning & Land Development Review 3/19/20094:45:55 PM Approved By Nick Casalanguida Transportation Services MPO Director Date Transportation Planning 3120/200910:25 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 3/23/2009 4:53 PM A pproved By Ray Bellows Community Development & Environmental Services Chief Planner Date Zoning & Land Development Review 3/24/2009 2:38 PM Approved By Jeff Klatzkow County Attorney County Attorney Date County Attorney Office 3130120098:37 AM Approved By Steven Williams Attorney's Office Assistant County Attorney Date Attorney's Office 3130/2009 11 :08 AM Approved By Norm E. Feder, AICP Transportation Services Transportation Division Administrator Date Transportation Services Admin. 3/31/20091:20 PM A pproved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 41112009 2:51 PM Approved By Susan Istenes, AICP Community Development & Environmental Services Zoning & Land Development Director Date Page 2 of2 Agenda Item No. l7e April 14, 2009 Page 6 of 38 Approved By OMS Coordinator County Manager's Office Zoning & Land Development Review 4/1/20094:30 PM Approved By Mark Isackson County Manager's Office OMB Coordinator Date Appro'\'ed By Leo E. Ochs, Jr. Board of County Commissioners Office of Management & Budget 4/2!2009 9:19 AM Budget Analyst Date Office of Management & Budget 4f2!2009 11:10 AM Deputy County Manager Date County Manager's Office 4/2/200912:34 PM Agencfa llem'r-fo, 17C- -- AGENDMiRRNf\9JD09 Page 7 of 38 Co1N:! County - ~-- STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: FEBRUARY 19,2009 SUBJECT: PETITION SV-2008-AR-13665, PORT OF THE ISLANDS SOUTH (NEWPORT DRIVE) PROPERTY OWNER/AGENT: Applicant: Severn Trent Services Port of the Islands Community Development District 5726 Corporation Circle Fort Myers, FL 33905 Agent: Mr. Robert 1. Duane, AICP Hole Montes, Inc 950 Encore Way Naples, FL 34110 REOUESTED ACTION: The applicant is reques1ing a Variance of 52 square feet from the maximum 12-square foot area for an off-premise directional sign, as provided for in Section 5.06.00 of the Land Development Code (LDC), to permit an off-premise directional sign having an approximate size of 64 square feet. GEOGRAPHIC LOCATION: The subject property where the sign is to be located, in the median of Newport Drive, which is located on the sou1h side of U.S. 41 in Section 9, Township 52 Sou1h, Range 28 East, Collier County, Florida. (See the location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: Tne sign variance is for a proposed off-premise directional sign that is to replace an exis1ing off- premise sign located in 1he median of Newport Drive where it intersects wi1h Tamiami Trail East (U,S. 41) as depicted on the map and plan on 1he proceeding pages. The proposed sign will identify tllC southern portion of the Port of the Islands, an approximately 40 year old resort and waterfront community remo1ely located approximately 12 miles east of the urban area in Collier County, Page 1 ofB () OHO C--O(") ~O_ ,N 0 ~~CO ~'" <::_ Ol Ci)'~ro "'<0.. '" '0 <:: Q) Ol < .~ " p o@ Ii 0.. e::( :2: (9 z z ~I ! ; . ~I ~I M' :1 :1 ~I N ~I "zl ~I ~I 0.. e::( :2: z o l- e::( o o --1 ; . ~t !~ " ~~ ,- i ;- ! I , ~ , , ! 1 I 1 .......~ """An:J"","" .... '~"':..~""."'. ~g l ;1 -I \ ...~ i~",.~_~.. l ;...~;"".>.:,,;~..;;.;:;'; :-;~~~~...,~~G~~::::~t~{, ~. l i " ! ~- .':.----r"'- :J1V:)';Ol"'" / - ~ \ 6~ -;s--~ ~z "0 w- ~~ 0'" a: " ~o ~ . " " ~ . . . . ^ . " " u U ~ . 1 o D...;l?D U(J " ~"'\\~O 00'" cRoP D ~:q D , , , ! , u u. ~ ~ SL-I /' [C- -~ ----~ ~-'- -- rj.~O:.JJ ".s ....-\--- b" ~j u< Cl Cl w Z Z I- -<( Z Z Cl 0 0 0 I N N I I- U r-- 0:: I , I CD M..J tn (Y) I .--< I I --- -- --- I ----- I -l ---- (7IYlIJ fJfY//'IYJ . III '!I9J III :1M 5"11 ------------ ~ . o Z I- - m - :I:Z X IW ::l ;" .1 i\genda item ~~o. 17C AVi114.2009 Page 10 of 38 The sign is proposed to be 52 square feet larger 1han the LDC prescribed sign. The proposed sign is 64:1: square feet as opposed to the LDC prescribed 12 square feet. The proposed 64:1: square foot, 8-foot height sign will replace an existing, nonconforming 80-square foot, IS-foot height sign at the same location. The proposed sign will generally identify the "Resort and Waterfront Community," replacing the existing sign that identifies 4 land users: "Hotel, Restaurant & Bar, Marina and Visitor Center." The requested variance is from Collier County Land Development Code (LDC) Subsection 5.06.04 C.16.b.i, which allows a maximum sign area of 12 square feet for an off-premise directional sign to allow a 64:1: square foot off-premise sign. SURROUNDING LAND USE AND ZONING: North: V,S. 41, a 200-foot wide right-of-way, then undeveloped land with a zoning designation of Agriculture (A-ACSC/ST) East: Resort with a zoning designation of Residential Tourist (RT) South: Guard House \',~th a zoning designation ofRT, located in the median of the Newport Drive right-of-way Page 4 of 8 Agenda Item No. 17C April 14, 2009 Page 11 of 38 West: Newport Drive right-of-way, then vacant, Wldeveloped land with a zoning designation of Commercial (C-4) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Mixed Use Residential Land Use Designation 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 site 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 COWlty Planning Commission (CCPe) 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 approximately 40 year old Port of the Islands Resort and Waterfront Community is remotely located in an area that is approximately 12 miles east of the urban area of Collier COWlty on the south side of U.S. 41. The proposed sign will replace an existing non-conforming sign. The proposed sign is smaller than the existing sign. It is proposed to have a height of 8 feet and 64 square feet; the existing sign has a height of 15 feet and an area of 80 square feet. The proposed sign will also have less sign copy than the existing sign. As previously stated, it will generally advertise one land use instead of 4 land uses. 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. As previously stated, the resort and waterfront community on the south side of U.S. 4 I in the Port of the Islands is remotely located approximately 12 miles east of the urban area of Collier County. In addition, portions of this community are not visible to the motoring public on U.S. 41. 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. The applicant contends the signage is needed to create visibility for the motoring public along U.S. 41. Page 5 of a Agenda Item No. 17C April 14. 2009 Pa';Je 12 of 38 If a literal interpretation of the LDC provision is applied, the sign would be limited to the LDC prescribed area of 12 square feet, instead of the requested 64" square feet. d. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structnre and which promote standards of health, safety and welfare? The purpose of the requested variance is to allow a larger than LDC prescribed sign of 12 square feet. The size of the requested sign, 64 square feet, is reasonable given the remote location of the Port ofthe Islands development on a major arterial road such as U.S. 41. While this is not the minimum, the proposed sign is smaller than the existing sign. It is 7 feet shorter and 16 square feet less in area than the existing sign. The proposed sign will also identify less land users, the "Resort and Waterfront Community," and will replace the existing sign that identifies 4 land users: "Hotel, Restaurant & Bar, Marina and Visitor Center. " 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 this Variance request would allow the proposed sign to have an additional 52 square feet of sign area, or 64 square feet, thereby conferring special privilege upon 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 5.06.0 I ,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 staffs opinion, the requested off-premises sign advances all of these objectives, Therefore, approval of the Variance would be consistent with the purpose and intent of the LDC. Page 6 of 8 Agenda Item No. 17C April 14, 2009 Page 13 of38 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 that ameliorate the goals and objectives of the regulation. 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 one, RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition SV- 2008-AR-13664, Port of the Islands North (Union Drive) to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions of approval: I. The off-premise sign size shall be limited to 64:10 square feet. Page 7 of 8 Agenda Item No. 17C April 14, 2009 Page 14 of 38 PREPARED BY: H, AICP, PRINCIPAL PLANNER ZONING AND LAND DEVELOPMENT REVIEW J (1V1. 2~ 2tffJ OAT REVIEWED BY: Ab~ 7, wjJ~ STEVEN T. WILLIAMS ASSISTANT COUNTY ATTORNEY ;2'1('0"1 DATE /-27-0'7 DATE RA YM D V. BE LOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ~ '--hI. / s tvr..w sus"& M, ISTENES, AICP, DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW Z-?:'-09' DATE APPROVED BY: ... ~ .. &' ( ... /" 4itE P K. SCHMI , ADMINISTRATOR UNITY DEVELOPMENT & ENVIRONMENTAL ICES DIVISION COLLIER COUNTY1PLANNING COMMISSION: II I ') ~ . ' , , '. M P. STRAIN, CHAIRMAN Z/Iq!o ~ DAL Tentatively scheduled for the April 14, 2009 Board of County Commissioners Meeting. Page 8 ofB HM HOLE MONTES Agenda Item No. 17C Apri114~009 I J'i1ge 15 of 38 ENGiNEERS PLANNI:RS SURVI'YORS LJ,NOSCAPEARClmECTS 950 Encore Way' Naples, Florida 34110, Phone: 239.254.2000' Fax: 239.254.2099 Revised February 6, 2009 Revised January 8, 2009 November 6, 2008 Nancy Gundlach, A]CP, Principal Planner Collier County Government Community Development Services 2800 North Horseshoe Drive Naples, Florida 34104 Re: Port of the Islands - Sign Variance Petition Application - AR-13665 Newport Drive, South of U.S. 41 HM File No.: 2008.001 Dear Ms, Gundlach: Enclosed are twelve (12) copies of an application for a variance to allow an off site premises sign at the Port of the Islands, Newport Drive, South ofUS4J. An application fee in the amount of$2,623,00 was previously provided to the county, The subject property is located in Section 9 North, Township 52 South, and Range 28 East. The pre-application meeting notes from the March 19, 2008 pre- application meeting are attached. BACKGROUND · A request for an offsite sign 64 square feet in area within the median of Newport Drive (south of U.S. 41) with sign copy and logo designating at the entrance the Port of the Islands Resort and Waterfront Community (see Exhibit No.1). This property is zoned C-4 commercial. The Newport Drive off premises sign is depicted in Exhibit No, 1 and is owned by the Port of the Islands Community Improvement District (POIClD), the petitioner of the proposed variance request. Exhibit 3 is an aerial depicting the locations subject to this variance request and surrounding property information, Also included in the application is an aerial photo of the existing sign depicting the hotel, restaurant and bar, marina and sales center along with permit application information, This sign is 80 square feet in area and was permi1ted on land owned by the POIC]D and was issued in error as it exceeds the requirements for an off premises sign in height and area. (See also attached Permit No. 2006082636 along with photo of existing sign,) ]n combination with bringing the current offsite premise sign in conformance with code, several wall signs were also removed to solve permilling conflicts. H:\2008\200800J\WP\RLD\Variance Petition South ofUS41\Newport Drivc\Final\NG Revised Nov OR 'llP cover Itr Newport Dr revi~ed 090206.doc Re: Port of the Islands - Sign Variance Petition Newport Drive, South ofU,S. 41 HM File No,: 2008,00] Page 2 Agenda Item ~~o. 17C April 14. 2009 ?age 16 of 38 EV ALVA TION CRITERIA The criteria of LDC Section 5,06,04 C]6, pertammg to off-premise directional signs, for the proposed request is evaluated by the following analysis of the criteria in the application for a sign variance pursuant to LDC Section 9,04,00. Proposed offsite premises sign - Newport Drive A. LDC Section 5.06.04 C.16. Off-premises directional signs are permitted subject to review and approval of the design and location of such signs by the County Manager or his/her designee if the following [a-d) requirements are met. B. LDC Section 5.06.04 C.16.a. Off-premises directional signs shall only be permitted in non-residentially zoned or agricultural districts. The proposed off-premises directional sign is proposed to be placed on commercially zoned property and a variance is not requested to the criteria, C. LDC Section 5.06.04 C.16.b. No more than two one-sided or one double-sided off- premise directional signs shall be permitted, identifying the location and nature of a building, structure, or use which is not visible from the arterial roadway serving such building, structure, or uses, provided. One double sided offsite premise directional sign is proposed, identifying the location and nature of a building structure, or use which is not readily visible from the arterial roadway (V.S, 41), (See Exhibit No, 1). The proposed offsite directional sign does not need a variance to the above cri1eria, D. LDC Section 5.06.04 C.16.b.i. Each sign is not more than 12 square feet in area. The proposed ofTsite directional sign exceeds the 12 square feet in area with the proposed copy area of 64 square feet A variance is reques1ed to the above criteria to allow the proposed sign area depicted in Exhibit No, ]. E. LDC Section 5.06.04 C.16.b.ii. The sign is not more than eight feet in height above the lowest center grade of the arterial roadway. The proposed sign is not more than eight feet in heigh1 above the lowest cen1er grade of 1he arterial roadway, The proposed elevation of the lowest center grade of the arterial roadway is approximately 7,5 feet. Therefore, the proposed sign will be eight feet above the elevation of U.S, 41 and a variance is not required to this section (see Exhibit No, 1), H:\2008\2008001\WP\RLD\Variancc Petition South ofUS41\Newport Drivc\Final\NG Revised No\' 08 ~p cover ltr Newport Dr revised 0902U6.doc Re: Port of the Islands - Sign Variance Petition Newport Drive, South ofU.S, 41 HM File No.: 2008,001 Page 3 Agenda Item No, 17C April 14, 2009 Page 17 of 38 F. LDC Section 5.06.04 C.16.b.iii. The sign is located no closer than 10 feet to any property line. The proposed sign is located within the privately owned right-of-way for Newport Drive and the proposed sign is setback more than] 0 feet from any property line. (See Exhibit No. I.) A variance is not requested regarding these criteria, G. LDC Section 5.06.04 C.16.b.iv. The applicant must submit with the permit application notarized, written permission from the property owner where the off- site is located. The applicant for this variance is the Port of the Islands Community Improvement District tha1 owns the subject property for the placement of the sign and their authorized representative has signed the application. Therefore, compliance with this provision is presumed to be met. H. LDC Section 5.06.04 C.16.b.v. The sign shall only be located within 1,000 feet of the intersection of the arterial roadway serving the building, structure, or use. The proposed sign will be located within less than 1,000 feet from the intersec1ion of the arterial roadway serving the building, structure, or use as it is adjacent to the intersection of U.S, 4 I and Newport Drive (see Exhibit No.3). A variance is not required to this section (see Exhibit No, 1). I. LDC Section 5.06.04 C.16.c. Off-premises directional signs shall not be located closer than 50 feet from a residentially zoned district. The proposed off site premise sign is located on C-4 zoned property and is not located within 50 feet of residentially zoned property, A variance, therefore, is not requested 10 this LDC Section. J. LDC Section 5.06.04 C.16.d. Off-premises directional signs shall not be located closer than 100 feet from another off-premises directional sign. The proposed offsite premise sign will not be located closer than 100 feet from another off premise directional sign. The offsite premise sign North of US 4] is +/_ 200 feet from 1he offsite premise sign subject to this variance request. ]n summary, based on the foregoing a variance is required to LDC Section 5.06,04 C.l6,b.i, to increase the size trom 12 square feet to 64 square feet in area, The justification for the 64 square foot size sign is that LDC Section 5.06.02 A.6,b., notes that the ground or wall signs shall not exceed a combined area of 64 square feet. Therefore, the impact of the proposed sign would be no larger than would otherwise be permit1ed at the entrance to a residential development with no dissimilar impacts, notwithstanding the proposed request is for an otfsite premises sign on commercially zoned H:\1008\200800I\WP\RLmVariance Petition South ofUS41\Ncwporl Drive\FinaJ\NG Revised Nov 08 ~p cover Itr Newport Dr revised 090206.doc Re: Port of the Islands - Sign Variance Petition Newport Drive, South of V,S, 4] HM File No,: 2008,001 Page 4 Agenda Item No. 17C !\priI14, 2009 Page 18 of 38 property, Furthermore, the proposed offsite premise sign is a convenience to the motoring public to let them know the location of the Port of the Islands resort and waterfront community, Furthermore, it resolves the outstanding compliance issue associated with the existing sign. The following are the applicable criteria set forth in the application for a variance to the signage requirement to LDC Section 9,04.00 for the 64 square foot offsite premise sign on Newport Drive. 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Port of the Islands is a unique community with a mix of both residential and commercial uses south of V,S, 41, which include a hotel, marina, restauran1, and residential land uses within a waterfront community, The motoring public and visitors to the residential and commercial communities on the south side ofV.S. 41 will benefit from the proposed offsite premise sign identifying the location of the Port of the Islands as a waterfront community. Given the roadway characteristics and the traffic speed of V,S. 41, a ]2-foot offsite premise identification sign is not of a sufficient size to identify the resort and waterfron1 community. The currcn1 existing sign approved in 2005 is 80 square fcet in area and ] 5 feet in height. The proposed offsite premises sign is of both a lesser height (8 feet) and ofa smaIler area (64 square feet) with less sign copy (see attached photograph of existing sign), In summary, there are special circumstances 1hat include the need to remove the existing sign that is not in conformance with the LDC, as previously noted, and replace it with a similar sign that is 64 square feet in area. This is the same size as would otherwise be all owed for an onsite premise sign located at the entrance to a residential community, notwithstanding that the proposed request is for an offsite premise sign on commercially zoned property. 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. The special conditions and circumstances to the degree that they exist are summarized in the foregoing criteria, No, I. 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. No1 providing properly sized identification signage at the entrance to the Port of the Islands will pose an inconveniencelhardship to the motoring public, thercby, creating practical difficulties to the applicant and the Port of the Islands community at large, 1~:12008\200800]\WP\RLD\Variance Petition South ofUS41\Ncwport Drivc\FinaJ\NG Revised Nav 08 'VP cover Itf Newport Dr revised 090206.doc Re: Port of the Islands - Sign Variance Petition Newport Drive, South ofU,S, 41 HM File No,: 2008,001 Page 5 Aaenda Item No, 17C ~ April 14, 2009 Page 19 of 38 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. The requested variance is smaller than the eXlstmg offsite premises sign, although inappropriately issued by County Staff, and is believed to be of the minimum sufficient size to convey its intended purpose. This proposed sign of 64 square feet in area and 8 feet in height, would be no different in size than an onsite residential identifica1ion sign as noted, notwithstanding the proposed request is for an offsite premises sign on commercially zoned property (see LDC Section 5.06.02. A.6.b, for these requirements), 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. The proposed variance request will confer upon the petitioner a special privilege that is otherwise not allowed by the zoning district regulations without approval of this variance request. However, there are special circumstances as was discussed under criteria No.1 that are unique to the property that merit special consideration for the approval of this variance request. 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. The approval of this variance request will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The requested size is not out of scale or character with similarly sized signs located at the entrance of other residential developments and is smaller wi1h less copy than the existing sign although inappropriately permitted by County Staff, but is greater than the 12 square feet otherwise allowed for an off premise sign, 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. There are no natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulations such as natural presence, lakes, golf course, etc, 8. Will granting the variance be consistent with the growth management plan. Granting of the variance is not inconsis1en1 with the growth management plan, H:\2008\2D0800I\WP\RLDWariance Petition South ofUS41\Newport Drive\Final\NG Revised No\' 08 'YP cover Itr Newport Dr revised 090206 doc ~""'l-~--"'-"""'._----"--'~ Re: Port of the Islands - Sign Variance Petition Newport Drive, South ofU,S. 41 JIM File No.: 2008,001 Page 6 Agenda item No, 17C April 14, 2009 Page 20 of 38 Thank you for your consideration in this matter and if I can provide you any additional information, please do not hesitate to contact me. Sincerely, HOLE MONTES, INC. ~~ Robert L. Duane, A.J.C.P. Planning Director RLD/jlc cc: Calvin Teague w/enclosures Daniel H. Cox, Esq. w/enclosures Ron Benson, Ph.D., P,E. w/enclosures We are enclosing the following: . Twelve (12) copies of cover letter outlining the requested variance . Twelve (12) copies of Completed Application . One (1) original of Owner/Agent Affidavit, signed and notarized . Twelve (12) copies of the Addressing Checklist . Twelve (12) copies of the Pre-Application Meeting Notes . Twelve (12) copies of Surveyor Site Plan (Exhibit No.1) of property depicting the following: o All property boundaries & dimensions o North arrow, date and scale of drawing o All existing and proposed signs - (labeled as such) o Existing sign setbacks & proposed sign setbacks . One (1) copy of Location map (Exhibit No, 3) depicting major streets in area . Twelve (12) copies of existing sign . Twelve (12) copies of Sign Permit No, 2006082636 . One (1) check for review and legal advertising fees . One (i) CD containing all documents in Word format and plans H:\1008\200800I\WP\RLD\Variance Petition South ofUS41\Newport Drive\Final\NG Revised Nov 08 <pp cover ltr NewpOrl Dr revised 090206.doc COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No. 1ye April 14, 2009 2800 NORTH HORSESHOE DRIVE Page 21 of 38 NAPLES, flORIDA 34104 (239) 403-2400 FAX (239) 643-6968 SIGN VARIANCE PETITION LpC Section 9.04.00 PETITION NUMBER (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED COORDINATING PLANNER For Stoff Use ABOVE TO BE COMPLETED BY STAFF APPLICANT I OWNER INFORMATION PETITIONER'S NAME: PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT, c/o SEVERN TRENT SERVICES ADDRESS 5726 CORPORATION CIRCLE City FT, MYERS State FL Zip 33905 PHONE# 239-694-5357 E-MAIL ADDRESS: CEll # FAX # 239-694-5357 AGENT: ROBERT L. DUANE, A.I.C.P. FIRM: HOLE MONTES, INC. ADDRESS 9S0 ENCORE WAY City NAPLES Stole FL Zip 34110 PHONE# 239.254-2000 CElL# FAX # 239-254-2099 E-MAIL ADDRESS:bobduone@hmeng.com Be aware thaI Collier Counly has lobbyisl regulalions. Guide yourself accordingly and ensure thot you are in compliance with these regulations. LEGAL DESCRIPTION OF SUBJECT PROPERTY AJenda Item No. 17C . April 14, 2009 Page 22 of 38 I SECTION/TOWNSHIP/RANGE: 09 /52 /28 PROPERTY I.D.# 01066880001, Newport Drive SUBDIVISION NAME: PORT OF THE ISLANDS PHASE I (Newport Dr.) UNIT METES & BOUNDS DESCRIPTION: ADDRESS OF SIGN LOCATION: Newport Drive CURRENT ZONING: C-4 LAND USE OF SUBJECT PARCEL: Right-ol-woy medion BLOCK LOT Length & Height of wall upon which the Sign will be secured: (11 WaIIS;gn) Widlh of Subject Properly: Rood Frontage) NATURE OF PETITION Provide 0 detailed explanation of the variance request including what signs are exisling 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. See cover letter. Please note that stoff and the Collier County Planning Commission sholl be guided in their recommendation to the Board of zoning Appeals, and that the Boord of zoning appeals sholl be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which ore peculiar to the location, size and characteristics of the land, structure, or building involved. See cover letter. 2. Are there special conditions and circumstances which do nof result from the action of the applicant such oS pre-existing conditions relative to the property which is the subject of the variance request. See cover letter. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or creote practicol difficulties on the applicant. See cover lencr. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the lond, building or structure and which promote standards of health, safety or welfare. See cover letter. 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. See cover letter. Agenda Item I-Jo. 1ye April 14, 2009 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and rlPtlg.~ 23 of 38 injurious to the neighborhood, or otherwise detrimental to the public welfare. See cover Jetter. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such os natural preserves, lakes, golf course, ete. See cover letter. 8. Will granting the variance be consistent with the growth management pion. See cover letter. ,6v:1enda Item No. 17C . April 14, 2009 Page 24 of 38 SIGN VARIANCE PETITION (SV) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW WjCOVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. ._.--- -"--'.--- REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED Completed Application 12 [gJ 0 Completed Owner/Agent Affidavit, Notarized 1 [gJ 0 Pre-application notes/minutes 12 [gJ 0 Surveyor Site Plan of property depicting the 12 [gJ 0 following: a) All property boundaries & dimensions b) North arrow, date and scale of drawing c) All existing and proposed signs-(Iabeled as such) d) Existing sign setbacks & proposed sign setbacks Location map depicting major streets in area for 1 [gJ 0 reference Fees: Application Fee = $2000.00 Legal Advertising Fee for BCC = $363.00 Legal Advertising Fee for CCPC = $760.00 Checks shall be made payable to: "Collier County Board of County Commissioners" As the authorized agent/applicant for this petition, I attest that all of the information indicated on Ihis checklist is included in this submiUaJ package. I understand that failure to include all necessary submittal information may result in the delay of process this petition. ~~~ 4/pu ..r-/2.<<>9.r Date Applicant/Agent Signature .l\genda Item No. 17C April 14, 2009 Page 25 of 38 AFFIDA VIT We/I, Dale M Lambert beingfirst 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 best of our knowledge and belief Well understand that the information requested on this application must be complete and acCW'ate and that the coment 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 We/I further authorize Robert L. Duane, AICP, of Hole Montes, Inc. to act as our/my representative in any \ ers regarding this Petition. 4~J/1~ Signature of Property Owner ___ ~ } -;::Oiff c4" 7/1E .LS).,WOS ~ elf) Signature of Property Owner Dale M Lambert Typed or Primed Name of Owner Typed or Primed Name of Owner The foregoinginstrument was acknowledged before me this 5' day of]qil , 20(/i, by lAte A1 LcunberT who is personally known to me or has produced FL-- OL as identification. State of Florida County of Collier # (Signature~Natary Public - State of Florida ) I Notary Stamp , ,...:....,. MARIA M. SMM>AYO }p'~~\ MY COMM ISSIQN # DO 800K'O :ow.: ."! ;,,' fgj EXPlflES:Julya9,2Q12 '>1>.. '"..,> _ThNN"""PU*~" ""'-.ar.,...' COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE , . DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLUERGOV.NET ~ (239) 403-2400 FAX (239) 643-6968 \1tJ !: ~~I,",rJf? item f\1,.... 171': .-'lpriI14.2009 Page 26 of 38 SIGN VARIANCE PETITION Project Name: PRE-APPLICATION MEETING NOTES & SUBMITTAL CHECKLIST TIme: 2 '.;:0 Project Add,/Location: Applicont Nome: 13,o\'f')(+ DIUJy\f', Firm: IDle VIorIT6 Current Zoning: (;-4- Phone: Z?:f) - 29t - 2fYfJ Owner Name: Owner Addre..:~O ~~ St P.te"' Meeting Affend s:~ttoc~~tl CU ) ~ ) f='L. 3232b ~~ 'flI\@: ft ~ r~jdQA11faq J\Q~ - .' v~/ I'II~VUG I:J::>:> '~l ~~~'1j/'O~H:t H U L^HO DEVELOPMENT -. - - -.-.A,jBnjo Itom Ho. 17e Ii/JOD3I~iI14, 2009 Page 27 of 38 " ,$' ADDRESSING CHECKUST . PAGE 'TWO P~ge 1 Df2 Project or d&vQlopment names proPO$ed for.!)t alr~aCy apPearing in. conoominium documents (it i'Spplir..atjon; il'1cJir.ate wt>elher proposl?ll or e.isli'lg) "'- - - -~ - - .._~ --> Please Check Onp.: 8) Checkfist Is to be Fe.~rl back o P"..onally Pic.eel Up APPUCANT NAME: Robert L, Duane. Hole Montll-~. Inc. PHONE; 254.2000 FAX 254.2099 Signature on Addressing Checklist does nol constilut.. Project and/or Street Name approval and is subject to further review by the Addressing Department. A~ ~ ~ - ~-_. - - - ~ ~ - FOR STAFF USE ONLY prlm.ry '~umber 11 Lf: >-4-& Add."ss Number ''1 4-- 3. 4-1 Addr.... Number \~!:tb~ Address Number z.G, 4- 0 z.c.. 4- <=R. :;.'?>"\103- ApprovedbY:.JJ.~ ffics;(o......... D.te: 03 - f '(- 0 'l:; . Updated by: Dat.~ If OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED P"g9 2 of 2 G:\CtllT~nlv..ppk;<lUon ronn",\i\r;ktl{~Jnll r.hm;;.,:j:.j aN v:!i'l1Q7,QOQ f I 1\J/ll:i/<::UUU 14' 46 TEL 82542033 H ~ LAND OEVElOPHENT Ageild~ Ik'Ir.;1r.fO!,\l 17e ~pHr 14~009 Page 28 of 3,3 COLLIER COUNTY GOVERNMENT ADDRESSING DEPARTMENT o 2800 NORTH HORSESHOE ORNE NAPLES, FLORIDA 3410<1. . ADDRESSING CHECKLIST J Pfoase conlplele Ule (ollowinQ ~nd [;.w, 10 !nt) AddressIng O~p;:J,rtmcnt ~t 7.39.252.5724 or submit in person to lhe Adctressmg Dep...lrlrnenl rlt tl)t:- ~bove 3ddress. Form rntl~t be ",junerl by_~gr~~_!!~I)Q (H!I'$(m,)(~1 orior [0 I?rll:.~pJ2!i.gption mep.llnq, plea so aUow.3 days tor proccssinQ, Nol all dcms will apply io uvmy J)f(Jj~ct. Jtems in bold type tlre required. Forms older than r; monlhs will rf;CJuire "ddl~onol review and ,'pprovallJY the AddrC$,il;~ Deportment. .-~ ,-------~"._, - -"-,-.-..-' "." _,__~v.._ . _____A~_ PETITION TYPE (cf1eck petition tYfJ~ 1,7/jlow, completo B Gr.pur.1/1? Addresslna ChockJlst for cacJ7 Petition Type) [J Bl (81~stlnq Pcrmll) [J BD (80:,1 Dock Extension) o Carnival/Circus Permit n CU (CondHionol U,e) [j EXP (Excavation Pam"l) o FP (F;"", Pint U LLA (lot Line Adjustment) n PNC (Proj""l Name Clmnge) o PPl (plans'" Pial Revi"w) o PSP {preliminary SUbdiv"ion Pial) U PUD Remne o r~z (SI"ndmd R<:zone) o SOP (SHe Develoi>m€<nt Plan) LJ SDPA (SDP Am"ndm~nt) o SDPI (InsuostOnllal Change '0 SOP) [J SIP (Site Improvement Plan) U SIPI (Insubstantial Change 10 SIP) n SNR (Slreel Name Chang..) o SNC (Street Nam~ Ch~nge - Unplalted) o TDR (Tmnsfer of Development Righls) IB VA(Vanance) I.'] VRP (Vegelallcm Removal Pormit) I.J VRSFP (Vegelfltion Romovetl & SII.. Fill P"'m~) [:.:I OTHER -",,,... "._'-- -...~.~~. ~,--,.- -~ LEGAL DESCRIPTION olslIbject prop~rty or prop..,lies (copy o/lwJ(llhy rir>$criplion may be aNached) 9 5225 THAT PORTION OF SEe 9 LYING S OF 41 BEING A 184FT WIDE ACCESS AND UTILITY LESS OR 2580 PG 1006 FOLIO (Property ID) NUMBER(s) of ;lbove (Dttoch 10. or DMDCJ"") with, legal description if more thM one} 01066880001 STREET ADDRESS or ADDRESSES (os <JppIiC8IJle. " dir~H(iy Assigned) 25000 TAMIAMl TRAIL EAST . LOCATION MAP mll~ll)<', allQc.hecj shOWing exact localion of pfojec!lsHe in rein/ion 10 near"s! pUDlic road right-of-W0y . SURVEY (copy . needod only lor unp10ltml prC)p~tl,c') PROPOSED PROJECT NAME (i/ appli.ooblc) PRDPOSED STREET NAMES lif ,'ppli,;abl") SiTE DEVELOPMENT PI AN NIJMRE:~~ (fOt (.')(is1ill(J !)mj~ct,V<:;ile.<; only) SDP orARJI P:-'lge 1 of 2 .~, ..., ............ '.. ...... 'l:.L ::l..!:)q~I,I~l:f H M LAND UEVELUPMENT Agend;Ji1/m/~6>4 17e "April 14, 2009 Page 29 of 38 ADDRESSING CHECKLIST. PAGE ,.,,0 Projt1ct or deveJopment name~ prop('$e~J for, Dr 81ready !:'\ppe&lring ir}, ,:(m(tomtnlom documents (it npPficatlon: incticale whetlll1r proposed 01 e,lsting) - . .-.....- -- -~~ --...- -,- ~ --.-. - _. - ~- ~ .-- Please Check Oni=!': ~:J C'"lecklif.t I!;; to be F"r.~d bfJc!( o Pf'rSon"lIy Pickeo Up APPLICANT NAME: ROBERT l. DUANE. HOLE MONTES, INC. PHONE 254-2000 FAX 254-2099 Signalure on Addressing Checklist does not constitute Project and/or Street Name approval and is sUbject to further review by the Addressing Department. ~. ,. __." .'._ .-._.....__. 0..--_ .--__ FOR STAFF USE ONLY Primllry Number ~ 4-::'. _ ..~._.. """-'-'''. "...--- -- Address Nurnber____..__..__._.. Addres~ Numbor Address Numt>cr Approved by:...L D. V\..~ UpOllled t>y; (Y\.rs-{.Qy'V"\ Dale: lD- 1I-0~ DOlte; IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Page 2 of 2 G:\CUfrc"t\A,ppll-ehtion F01'tn~:\Aofl!e::!:II'lt.' Ch'l)"kl~llt,!v JIIIl~{}X th~(. j ('-'11 i "1 /-' I !-~-- i I -l I ! I .~ I :~ i I , CO lJ) l- ll:: ( ----------- -~-- (7IYlli JJfYIJ'IYJ . /JIIYS) Q/ :lJ1// 9'/1 ------------ ~I . o Z I- - co - IZ I~ l I. I '" OC1l'" r-OC") ~.,..~o :!~ ;:::=; ~ .$ c.{U -<tCL ro '0 ~ a; '" <t . .._,.-----" No.17e Agenda Item. 4 .2009 Apfll', , o 'r";" COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INSPECTION HISTORY PRINT .'\gErlda item No. 17C -'\p:-ii ~ 4. 2(X,9 F'3ge 33 of J8 't:RMIT.^i~bR.._: 2006082636 ,JOB OE.SC:RETREAT DEI. SOl. POLE SIGN S'l'ATU~3: i2U[[: ...-.-+-..--.-..- i'1-::':,1~; T,"i..M1.;\MI J'Rl, !'; :_~[.DLt;.'J_~;i!?:j 1 ,_~ (~ -j '~ 1 '-i ,01 ') ,-, \it"cKY: <~ :J .r';);'1 200tJU62t)3f l'fI_~; : tit) I r; I;'_.\\~'r: N,~>HE T!-:-:: "':!) I r~ T F:;~; ::i;;\.-iE:-\" -~._-_.".._-- "\J,:\ : f\~~ - " ~~,.t:.~.. !2:~n€: RE:TFU\T !\T f- ,,";FT Of' TiE:: l";;LAtl(J:; !Dr, Fl!()H~:: l::RT ~;!~f:._: ~:l'8Jl OHr..: jf'1h;;E~'; (,;f-t.'\PHIC ~,;L'E;::r:";~_Tl;:::;, ~;J,=. :;; I, F ,l(J ,:10 Q!.!J' ;:~{:::'L__fi!~~.1~:.~ ;\ NGF.. Lt\ (;l\~) Kf.: C, L t\ :::i2!.lTf::;:'I. PfJON~:: (2n; ',)(''; . 04 DfJ !~:~:~~.t:!'_~'_.:_ s Pf~C '; F\L: _...._.,.. ,'_W'_ f{eMf: L[F~' : Rl(;{J''i:': M PO}, T!~LU'. ,l?(~!'.I:.s : l;? ,'>, /:~ 1)(10 ~,;.?~I' r PJ\T I (~ti S:.~:t~~~'~l..: ;/~,//,)07 r::XTE:l>l[JE;.D -_._---,..~-,- !~X[.>;_I:.J~TrON APi'L](:r~T,!Ot>l !\!-'PH..')VAl.. 8/75/2006 Y/5/~00€ ] S;?OED 9/G/~,~006 co !?-.~f}:lqNS": SNTFY SIGN A,T CN'I'PANCI:: ':LO:;f, TO T.;'f.jIf,I"'l[ Tf'<L F: - (f\2THSf..'l' C':[:L ,'~0L I\T POHT (;F 1'QJ: I SL,l.\NOD 8 ;2 l (h,) DUTL ll'l.t.\).:. Rt:FA.CE D~L.'3TING SIGN GRAPH It / fU:'I'RCAT DEL ~;()L/C()NOO :;I.'\L!:;:~ CE1~T[F/ PhE;-CONSTRlj,:;TfnN PfiTC:TNG/ 2 f, ) ,Mr.:DROOM l,"li\Tf:f<FRO!JT !~i(;ll~P.L;F:S POLS SiGN,' .sIGN lH;HjHT IS 15 i:'TI ;UBCONTRACTO~ :E:P.T NT; R ~;IJU :,TATC:::; <;'l'J\F\T U/\"l'E END UA'l't.: ~:;'l't":I'US :;:'018 CLi1..~,;~: OPJl., ;UBPERMITS '~~rJ'11 'l rHL<. S'l'r,TIi'; [-Yh:: C;.>l.T W~l{ PH.1'~ ,j ;}~:: Df:~-;(~ '0060a:.~ bH' COEO NLSL z.'lt;Jl 1I'-lf','3[::'; (;."U'YHIC' .')I!E~(~Lt..!.:I{[TKt,:.l\T ;!t:L SOL POL!-; ~;ii:.;N -~EES STATUS Df::~:;(:[I, r E'T ION _,"_m_,~__,~_ W-"'.l'/C ;\HOUNT DUE ENTER DATE 75.00 9/~)I/OO(; If.Jr:ll:JtH' POST~:LJ BLDl, PE:RMlTS - H,.'\PI.,~:S 1, t8MFSG POSTED MICROfll.M SllRCHAkGS ~ 3.00 q/~J/2006 IGEr~rt'-i1 POSTED fU::ltJ::;PF:CT[()rJ N '/~) .OC' CLASS DeSCRIPTION/REMARKS PRI REQ DATE RESULT CODE RES DATE INSPECTOR ~i FINAl, SIGN M(J ('!) r tl-iJll z-,ne p., rJnl r Illlwl,., r .)n D i::ln leIN.\L S 1,:;1, v :(! CJ'::0().~ ~1t lC/lI/.:~iJ(!Q A~AR0 T I i / ('..- ;~Jil:J :':) J l./?i~D'.:G J\~~A8.D T I I I I flier C:;;unty 13odr:d of Cuunty COlUmissi,oners -Plus for Windows 95/NT CDPR20J6 I'rinteclon: ]/19/2008 3:2j,O~JPr<j Page ] o[ 1 I I AGenda I!em No. 17C - J\pril 14',20(,;9 Page 34 of 38 RESOLUTION NO. 09 -_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV-2008-AR-13665, GRANTING A VARIANCE FROM SECTION 5.06.04.C.l6.b.i. OF THE LAND DEVELOPMENT CODE, CONCERNING MAXIMUM SIGN AREA, WHICH SIGN IS LOCATED AT PORT OF THE ISLANDS AT THE INTERSECTION OF TAMIAMI TRAIL (U.S. 41) .A_'ND NEWPORT DRNE IN SECTION 9, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Petitioner, Port of the Islands Community improvement District, seeks to alter the signage on the property to have a larger sign; and WHEREAS, Petitioner wishes to have a sign with an area of 64 square feet located about its property; and WHEREAS, without a variance, Petitioner cannot have an off.premise sign with an area greater than ] 2 feet; and WHEREAS, the County has requested that Petitioner place language upon the off- premise sign to notifY the public of the location of a public boat ramp and Petitioner has agreed to comply with such request; and WHEREAS, the Board of Zoning Appeals (Board) has held a public hearing with due notice made, and has considered the advisability of granting this variance; and Page I of3 Agenda Item No. 17e "'pril 14. 2009 Page 35 of 38 WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement . have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that the Board hereby approve a variance from LDC Section 5.06.04.C.16.b,i, to allow a sign with an area of 64 square feet, as shown in attached Exhibit "A", the text, including content, font and size, of which is not limited by the instant variance, with the noted exception that the sign shall have a reference to the public boat ramp, as filed by Robert L. Duane of Hole Montes, Inc., on behalf of the Petitioner, Port of the Islands Community Improvement District, concerning the subject property located in the Port of the Islands at the intersection of Tamiami Trail East (U.s. 41) and Newport Drive in Section 9, Township 52 South, Range 28 East, Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- 2008-AR-13665 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote this day of ,2009. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Page 2 of3 Approved as to fonn and legal sufficiency: 4t:.-7 ~jJ Steven T. Williams Assistant County Attorney Age"da item No. ,7e I April ~,4, 2009 Page 36 of 38 ],P.7.D' Exhibit "A": Sign Depiction Page 3 of3 II umro ,,-0(") _..>........0...... ,C'J 0 W t- <( o -yJ IX) o o - 0;::) C> o 0::; . ::l ~.., C> If) C> C> ~ II , I ) i I CD , I (Y) I i I I If) (Y) I I I ..--< I I ,. j/ , ; j (7lYlll /IfY/lfYJ .IJU 'I/9J /1/ :lA1f{ S'1l ~I o Z I- - III - J: >< WI ~ Wjc.J.. N .... 0 N Q) . O>X ro Q) 0..-- <3:5> -- .- .- rJ) .0 _ i:ro X ::J lJ.Jt) J Q)Cll Q).... U).E Qj -- 0 z J EXHIBIT A Page 1 of 2 ~ 1 I I L_ ;ii::iT1 t.Jo, -;7: Api"i! i 4 2]09 :::Jc}g_:;-; :::f;')! 38 l - --~-1 L~! 'tZ;- EXHIBIT A Page 2 of 2 -, I l\) ::>- l\) ~~ :Jt'-.., a s... ~ I i I I _L