Agenda 12/01/2009 Item #10F
Agenda Item NO.1 OF
Deeember 1, 2009
Page 1 of 38
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EXECUTIVE SUMMARY
Recommendation to consider the options to respond to a Public Petition request by Ms.
Lynn Smallwood-McMillin where she requests a waiver of enforcement of the Land
Development Code related to size and loeation of an existing off-premise directional sign
for the Smallwood Store, Chokoloskee, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) review and consider the
options to respond to a Public Petition request by Ms, Smallwood-McMi1lin, Ted Smallwood's
Store, Inc., Chokoloskee, Florida where she requests that the Board allow the existing off-
premise directional sign to rcmain at its current location and in doing so consider the option of
designating the existing sign as an historical sign or as a county approved directional marker to a
designated historic site.
CONSIDERATIONS: The petitioner appearcd before the Board of County Commissioners at
the November 10, 2009 BCC meeting, under a public petition itcm to request relief from the
ongoing code case initiated by an anonymous complaint. Enclosed at Attachment A is the public
petition request and at Attachment B is thc background on the Code Enforcement case.
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After reviewing the preliminary background in the case the Board directed staff to bring this item
back for further discussion. In two separate motions the Board directed that the enforcement of
the code case be suspended and that the staff evaluate the feasibility of designating the existing
sign as an historieal sign or designating the cxisting sign as a county approved historical marker.
In addition thc Board asked to have all the background related to the Florida Historic Marker
Designation Program.
'The subject sign is shown at Attachment C. The sign is located on a residential lot at the eorner
of Mamie Street and Chokoloskee Drive under the ownership of Mr. Eddie Rewis. Though the
petitioner notes in her statemcnt that the sign has been in place for over 14 years the aerial
photographs from the Property Appraiscr's office (Attachmcnts D) going back as many as 4
years clearly show that the sign was crectcd within the past two years. Additionally, no permits
for this sign were evcr applied for or approvcd. Pursuant to Seetion 5.06.04 G I of the LDC, Off'.
Premise Directional Signs: OfFpremise directional signs shall he permitted only in
nonresidential zoning districts, agricultural districts and designated nonresidential components
of PUDS. Chokoloskee is madc up of scveral zoning districts that include C-4, VR, MH, and
TTRVC. The existing sign is in VR (Village Residcntial) zoning and per the code is prohibitcd
at the current site.
Section 5.06JJ4
G. Off:premises directional signs. Off:premises directional signs are permitted if the
following requirements are met:
I. OfFpremises directional signs shall he permitted only in nonresidential
zoning districts, agricultural districts and designated nonresidential components of
PUDs.
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Agenda Item NO.1 OF
December 1, 2009
Page 2 of 38
2. No more than 2 one-sided or 1 douhle-sided off-premise directional signs
shall he permitted for a huilding, structure, or use which is not visihlefrom the roadway
serving such huilding, structure, or use, provided:
a. Each sign shall not he more than 12 square feet in area.
h. The sign shall not he more than 8 feet in height above the lowest center grade
of the roadway adjacent to the sign location.
c.The sign shall not he located closer than f 0 feet to any property line.
d. The applicant shall suhmit with the permit application, a notarized "'Titten
letter of permission from the property owner where the off-premises directional
sign Is to he located.
e. The sign shall he located no more than 1,OOOfeetfrom the huildlng, structure,
or use for which the sign is displayed.
3. Off-premises directional signs shall he located a minimum of 50feetfrom a
residential zoning district.
4. Off-premises directional signs shall be located a minimum of fOOfeetfrom
another off-premises directional sign.
Note also that the code limits the size of an off premise sign to 12 square feet of copy and limits
the height to no more than 8 feet. The size of the existing sign is 5 feet x 6.5 feet or 3?5 square
feet of copy and stands 7.5 feet.
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At the conclusion of the Board deliberations staff was directed to review whether the existing
sign could be designated as an hi storie sign or in the alternative whether it should be designated
as a county approved historic directional marker in lieu of having the sign rcplaced with the
typical1y approved Florida Historic Site Directional Marker. The Board also asked that staff
include as baek up details on the state's historical rnarker program. Enclosed at Attachment E is
an excerpt from the Florida Statutes, Chapter I A-48, Florida Historie Marker Prograrn. Under
this program, the Smallwood Store would be entitled to the placement of a state approved
historic directional sign to designate the direction and location of the Smal1wood Store.
Enclosed at Attachment F are examples of the type of directional sign that would be allowed to
be placed in the right-of-way to designate the loeation and direction of the Smallwood Store. In
this ease the Florida Tourist Oriented Dircctional Signs program may be the most applicable as it
is a prograrn to safely direct potential visitors to Family Oriented tourist related businesses
services or activities: eultural, historical, recreational, educational, lodging, dining,
entertainment. Enclosed at Attachment G are pictures of the existing seven historical and tourist
oriented directional signs to designate tourist to the historical site.
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In summation, the petitioner is asking for the Board to al10w for the sign to remain at its current
location. Considering the facts in this case, staff rccommends that if the Board agrees with the
applicant's request that the Board decm the sign to be a county approved off-premise historical
marker to identify the dircetion and location of the State approved historieal site registered as the
Ted Smallwood Storc (added 1974 - Building - #7400(612), a property also known as
Smal1wood's Trading Post FL 29 in Everglades National Park, Chokoloskcc Island, and by doing
so that the Board so note that thc approvcd sign is al10wed on private property in the VR zoning
district. Upon approval of the Board, the petitioner could then apply for any and aU applicable
permits.
2
Agenda Item NO.1 OF
December 1, 2009
Page 3 of 38
Regarding direction of the Board for stafIto amend the Land Development Code to allow for the
designation of historical signs and related direetional signs, staff, in an upcoming Land
Development Code (LDC) amendrnent cycle, wi11 formulate and develop for Board review and
approval criteria for evaluating any future applications for designating signage as a historical
marker to include size and location eriteria, or in the alternative as this is a very unusual issue not
likely to be repeated that staff simply apply Board direction and not initiate a ehange to the LDC
for this unique circumstance.
FISCAL IMPACT: Cost related to the proper permitting of signs pursuant to the CDES Fee
Schedule and applicable permitting criteria in the Florida Building Code and Land Development
Code.
GROWTH MANAGEMENT IMPACT: This action has no impact on growth management.
LEGAL CONSIDERATIONS: The County Attorney has no objection to staffs
recommendation. -JAK
RECOMMENDATION: That the Board consider designating the eXlstmg sign as an
acceptable off-premise directional rnarker for an historic site and in doing so allow the subject
sign to remain in the VR zoning district, and that the Board consider directing staff not to amend
the LDC but direct staff to exempt similar off premise historical signs from the Co11ier County
sign ordinance as codified in the LDC.
PREPARED BY: Joe Sehmitt, Division Administrator, CDES
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Agenda Item NO.1 OF
December 1, 2009
Page 4 of 38
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
10F
Item Summary:
Recommendation to consider the options to respond to a Public Petition request by Ms. Lynn
Smallwood-McMillin where she requests a waiver of enforcement of the Land Development
Code related to size and location of an existing off-premise directional sign for the Smallwood
Store, Chokoloskee, Florida, and in doing so consider the option of designating the existing sign
as an historical sign or as a county approved historic marker. (Joseph K. Schmitt, Administrator,
Meeting Date:
CDES)
12/1/200990000 AM
Prepared By
Joseph K. Schmitt Administrator ~ Community Development Date
Community Development & Community Development &
Environmental Services Environmental Services 11116120092:36:25 PM
Approved By
Judy Puig Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services 11t18t200912:03 PM
Approved By
Joseph K. Schmitt Administrator. Community Development Date
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Community Development & Community Development &
Environmental Services Environmental Services 11/18t20091:17 PM
Approved By
Diane B. Flagg Director - Code Enforcement Date .
Community Development &
Environmental Services Code Enforcement 11118t2009 2:56 PM
Approved By
OMS Coordinator Date
County Attorney County Attorney 11119t20D91:S9 PM
Approved By
Jeff Klatzkow County Attorney Date
11t23t20D9 11 :46 AM
Approved By
Mark Isackson ManagementlBudget Analyst, Senior Date
Office of Management &
Budget Office of Management & Budget 11t23t200911:49 AM
Approved By
,--- Leo E. Ochs, Jr. County Manager Date
County Managers Office County Managers Office 11t23t2009 2:16 PM
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Agenda Item NO.1 OF
December 1, 2009
Page 5 of 38 .
COLLIER COUNTY
OFFICE OF THE COUNTY MANAGER
3301 East Tamiami Trail' Naples, Florida 34112' (239) 252-8383' FAX: (239) 252-4010
October 21, 2009
Lynn Smallwood McMillin
P.O. Box 310
Chokoloskee, FL 34138
Re: Public Petition Request to Discuss Waiver for Off-Premise Signage for the Ted
Smallwood's Store, Inc., Chokoloskee, FL
Dear Ms. McMillin:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of November 10. 2009, regarding the above referenced
subject.
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. If the subject matter is currently under litigation or is an on-going
Code Enforcement case, the Board will hear the item but will not discuss the item after it
has been presented. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
Sincerely,
~.L .A~ 4;~ ~
Leo E. Ochs, Jr.~':;/l.
County Manager
LEO/jb
cc: Jeffrey Klatzkow, County Attorney
Joe Schmitt, CD&ES Administrator
Jll'oI-2lil-2007 12:22P FR01:
TD:*2524010 Agenda Iterfl.~o. 10F
December 1, 2009
Page 6 of 38
_.
Rl!g~ f9 SRPk Under Public Pt$ion
Plesse"nnrJeJ Srnct Ilwoc:r1' .5h>re ") :r~c..
Name:
Address:
Phone:
j)t\ tow ~'"4 ~ alA
IIIIIIt circle yea or no:
I. 11I18 subject mall8r under IltIaIItIon at 11I18 time? V.. (NO;
la 11I18 subject mall8r an ongoing Code Enforcement c...? <!;> No
Nota: If either ...... Ie "yea". the Board will hear the ItIIm but will have no
dlecu..lon regarding the It8m at'I8r It Ie preeentlld.
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JAN-20-2007 12: 22P FRO'I:
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TO: *2524010 Agenda Iterli'1.fi!o. 10F
December 1, 2009
Page 7 of 38
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TO: >I<2524ll10 Agenda Iteli'1.~o. 10F
December 1, 2009
Page 8 of 38
. J~-20-2007 12:23P FRll'I:
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age 0 38
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TO:*252401B
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HISTORIC
SMALLWOOD
STORE
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Iluard of Dircaon
ALroN C. HANCOCK
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GARY W. McMtWN
S<<m4ryIT 1WISIUrT
NANCY Il, Hi.NcocK
HAooLD E. PATRlCOFR ESQ,
J. ANTHONY DAVIS
.
NANCY KAY HOWSTl!R
E.ucutive DirectOr
LYNN SMAIl.WOOD
McMlLUN
Dirccror
8PJ!NOA C. JOHNSON
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l'InIOffi<r8<<<J67
Cho.hIlW\<<. R~~. H138
(!)II) 69~291/9
IV (94/) 69s-t454
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Agenda It
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10. 281).
Itio: Code Violation
DeeMs. Duval:
I 8m writiDa em beb8If of the, Ted SIrtaIlWI)OCi's Stole, Inc., . not-for.
profit orpnIzation. The S..lwood Sun-MuIoum is. state fimdecl
CIIdily IIId the ok\elt NIItioaa1 RegisIm site bcre in Collier County. The
SlID ofF1orida _ dtia orpaiZIIIion in the ~ of all of our
aiaDaIc for this eclucational facility.
l:.......~1II)' lIIIiIlIIalle in provictiDg tbe code aeeded to bring
.... offpnmial aipllll inlD ClllIIIpIiIDcc wilh CollIer County Code
IlIdlnemeDL Your JllOIDJIlIllallioo in tbIa IIIlIIIer is tpelItly IIppI1lCiBIlld.
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Agenda Itefh N<<. 1 ~ I
December 1:20 ·
Page 11 of
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COLLIER COUNTY CODE ENFORCEMENT
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COMNllN\'I'Y DEVE\.OPM'ENT AND ENVIRONMENTAL SERVICES DIVISION
1lIOOlt:llOrIollIoo On'" . N.... 1'IotIdo ;.4104 . !39.40H,j,lO . r.-.x ~Q-'Ill.:~4~
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Choc\(o1051cec. JlL Mm
Aun: Lynn McMiI1la
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I am in receipt of your f8l\ and its con~ts, By way of this letter I am closing your case Rgarding
the off premi$ll directional sigJI. I can find no reason at this time thai the non-profit orlllLniution
along with \he State of Florida HislOrical Society overseeing .11 operationt should have to relocate
slICh 51gn.
Typically offpreml.dln.:tional aigns CII1 only be in non-residential areaa and do require a permit
However, Chockoloskee Island is unique in its way of being'entirely zoned residtn,tal.village and
pu""uini.t~is signs' QXISIetlee would only ClIJ'lICl problems for this ex~mely old historicallandmlll"k,
This landmBrR of, tbc Smallwood Store ;s VIsited by hundrccl of tOllrist ea,ch year in pursuit of
\lllII'fting the hiSUlty ~ue InL
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If you heW! lIlY fulmlitJlGblCIN or haYC 1Imlltr que&lions, please contact Mic:hlCl\1e Crowley at 403-
2487, She is lI!e ~lOr over the Signs Division of ~odc E.nron;c"",,,l and ~i11 be able'to help
you.' ..
Thank Y. '
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Code Bnforcelnellt.
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December 1 ,2~fQ. "
Page 12 of 3C()
COlliER CO CODE ENFORCEMENT
. DEVELOPMENT AND ENVIRONMENTAL SERVlCFS DMSION
.Jf'tol-20-2007 12:25P FRQ1:
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COLLIER COUNTY. FLORIDA
CODE ENFORCEMENT BOARD
BOARD OF IONBRS
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COLL1ER~~A
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To: TED SMALLWOOD'S STORE INC
PO BOX 367
CHOKOLOSKEE. FL 341380367
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PLEASE GOVERN YOURSELF ACCORDINGLY.
Dared Ihil .'6yd >>.!3
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COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
BY:~ -..0 " '"'
SbaneUe Hihon. a& Sec~ry 10
the Code Iintorcement Board
11/1712003
CASE II: 2003080274
1 CDn
Pursuanllo Section 162.06 and 162.12. Florida Slltu.... and Collier Cuunty Ordinance No. 92-80. you are
hereby nrdcrcd 10 appear al a PUBUC HBARJNG In dte abovc-slyled cause. pending and unUetermined by
lhe Board, _laIIyeIy ",hedq(ed on DECEMaIlR12.2083.ar9:00A.M.allhe Cullier County
Government C<;nrer. 3301 E. Tamiami Tr., Adminillrativc Building, Thtrd Floor. Naples. Flond. 34112.
The Board may 1lIat.e findings of fact, ~ by the lestilOOny and evidence pertaining 10 the malters
alleged in the SlIIlCI1ICI1l 01 V,olalion and Reqoeat for Hearing. Staff'. recommendU\lon to Ihe Boord will
. finding of violation \0 the code and the maximllm fine, not to Cltceed two hundred llnd fitly dollnrs
($250) per day. may be imp<...d each day !he viollllion remains.
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I HEREBY CERTIFY thO! a true and correct copy of Ih.. NOTICE h.. hoen sent by U SmUll '0
SMALLWOOD'S STORE INC'. PO BOX 367
CHOKOLOSKEE.1'1. 14IJR0367
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By:~ ,T;;:::: ~'- -Q .., J
Shandlc Hihon. a& rctar)' tll
th- rode Enforcemenl Bonr"
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rn:*25240ll~ Agenda Iterln.f.lo. 10F
December 1, zIDii2 q
Page 13 of 30
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COLLlBll COlJIlITY, FLORIDA
PROPERTY:
TED SMALLWOODS STOIIB '
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POBOX 367 . '."";:''1ti,.
FL. :M8Iil;C"l" I< i .,..
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SEC. 36 ,TWN. 53 . RNCil. . .
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ElMIJIIlPY RflCORI). .
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A.JCA.(ADD~
YOU ARB DJREcrBD BY THIS NOTICE TO TAKE THE
flOLLOWlNO CORRIlCTIVE AcnON:
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1) OBTAIN VAllO PERMIT NUMBER FOR THE OFF
PIUlMJSB D1JtBC'l10NAL SIGN
2) ENSVRE THAT SIGNS MBBTS CURRENT SIGN CODE
3) OBTAIN ALL JltNALCOllNTYINSPECTIONS
,
,
ON OR BEFORE SEPTEMBER 15, 2003
ORDINANCE 91.102 AMENIIBIt, SlcnON
ORDINANCE 91-I02AM1lNDBD,SBCTION
ORDINANCE 91.102 AIIDlIIIID, SIlICTION
PIlNALTIllS MAYBE IMJ'OSED : Failure to conect the
violallons on or before the dale specified above will result in , I) the
PURSUANT TO COUJBII, COUNTY CODE filing of an amclavit of violllion with llIo Collier County Code
BOARD (C E B ) ORD lII!I2-80 and 97.35, AS AMIlNDBD, YOU Bnfon:emcnl Board. "e.E.B,", charging you with the vlolation(a) ..
ARE NOTIFIED THAT A VIOLATION(S) OF 11Dl d.....ibod on thia fonn. You willlhave reccive(d) notification tbat a
FOI.LOWING COI.LIER COUNTY ORDINANCE(S) EXISTS AT hearing will be held whlcb you and/or a IepI reprosenl8tive may
TIm ABOVE DESCRIBED LOCATION. 1Ilald. FoiIUIll to appear may result in the Board proceeding and
mokinl a ...... .,,1_ in your.u-.ce. If the Code Enfora:mcnt
1lo.rd findt a violation eJ:lIll, a maximum fi11e of $250.00 per day
in 1IIc c'- of a flT1l violation, a maximum fine of $500.00 per day
for a repeat violation and a mn;"",,,! fine of 55000,00 per violation
in die event1he "C E B" !Indo the violation to be of an Irreparable or
o..,..lible 118lWc. Pi_ Jll8Y be impollOCl on a per day basil for
cacl1 day cacl1 violation exiata. CoalS of lX08CCulion andlor rcpain
DBSCR1PT10N OF CONDlTlONS CONS'ITFUI1NG 11Dl may also be aaoes"d apinal you for any violation. or, 2) the
VIOLATION(S). i88UllllCO of a Notice 10 Appear before !he Collier Coonty Court
where ponaIlica of up to $500 + 00Bt8 may be imposed, or, 3) !he
DID WITNESS, ON A1lJGIIST 14, 2003, AN ~..- of a citation which you may payor conleSt in the Collier
OFF PREMISE DIIIIECTIONAL SIGN ~ Court where pcnaIlica of up to $SIlO + costs may be
(UNPERMITrED) .... Y TO THE unposed,
LAND DE . CODE.
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2.5.12.1
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INQUIRIES AND COMMIl>ml SHOUlD BB DIRIlCTIlD 1U 0008
IINJIOJlCIIMBNT SUPBRVISOR ANDItEA DUVAL
280Il No. Ilu........ 0.. Napa. R. 34104
SERVED BY: ----XX.....-CERTlFIED MAIL
L SERVICE
POSTED
FAX
InvestiplCl"sSipll1ll'C
I acknowlcd~ tbat I bave rcc:cived, read, and undentand this notice
of violation,
PHONE (239)403.
Signature and Title of Recipient
VIOLATION STATUs.
Print
.-AL.1N1T1AL
IUlCtlBING
REPEAT
DATED THIS 15TH DAY OF AUGUST. 2003
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COILIBR COVNTY, FLORIDA
ID:*25240111 Agenda Itenf'N~1H>"
December 1, :0-0 .
Page 14 of . ",. -
J""'-2l!l-2llll7 12:251' FRlJ!l:
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PIIIOPIlRTY :
TBDSMAlLWOODSBIWB. ..' :., .
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PO BOX 367 . .
CHOCKOLOSKBB, FL 34131I . . '
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YOU ARB DIIlBCTBD BY THIS NOTICE TO TAJCB TKE
R>U.OWING CClRIIII::TIVB ACI'lON:
1)' om!.UN VAUD.-aT NUMBEIt FOR THE 0....
l~ SIGN
.:1) JaBHIB 'lBAT MMJIIBBI'S CUItllENT SIGN CODE
3) OBTAIN ALLJINlU. CCJlINI'Y INSPECTIONS
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ON OR BEFORE SEPTEMBER 15, 2003
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,,"~){1', '-L! ,,:.. .. PBNAI.tDBs,. MAY . B8 IHPOSBD . Failure lO COIICCl the
.. violali_ 011 cir bCfore thlo _ opecItIed lbove will result In . 1) thlo
PURSUANT TO COUJBR COURTY CODE Btll'OltCllMENT filin& of au Iffid..it of vioIalion with the Colli... Couaty Code
BOARD (C E B ) ORD -.so ad 97-35. AS AMENDED. YOU Baf",,:emCI4 a-d, "CoB.B,". charging you with the violalion(a) u
ARB NOTIPIED 'l1iAT A VIOLATION(S) OF THE d...<:libed on dll,'I'Dr!n, You will/have receive(d) notificalion!hat .
FOU.OWING COUJBR COUNTY OJU)~CE(S) EXISTS AT beariDg will be IlCld 'which you and/or I legal n:prescntalive may
THE ABOVE DESCRIBBD LOCATION. ,"-.1. Failure 10 __ ....y rault in the Board pmceoding and
mating I dok....ination in your abacncc. If the Code Enforcemmt
Board tinds",violillicm Cllista. I maximum fine of $2SO.00 per day
in ~ Ilfi'_violalion. I muimum fine of 5500,00 per day
, for I ~irioIatiQDimd I -.;....... fine of 55000.00 per violation
in rhO eveatlhll "C E B" finds the violalion to be of an irtepanblo or
i...h.c.aibIo _h'I'C. Pines may be impoacd 011 I per day buia for
eac:h day eacb v10lalillD ",.;au. ClllIa of proaeculion Ind/or repaiR
THE mar aIao be ..-.-:<1 apinot you for any violation. or. 2) the
. nee of . NOlice to Appear befono the Colli... Count)' Court
wheni tiaa \If up to $SOO + COlIS may be ilDJlOSed, or. 3) the
14, 2t03, AN ~ cibllicJn which ,... IIIlY pay ell' COftIell in the Collier
. . SIGN Cuunry """"" penaIdca of up ID S300 + COSlI may be
~ Y TO THE impoocd.,
. ,
LAND DEVELOPMENT CODE. " .' . .'. 'J
. ' SERY.Ji2! Bt I u:.. CIlR'I1lIII'b MAIL ...:.....:J'OST
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ORDINANCE '1-11n ~Ji:D. SECTION
ORDINANCE '1.11n'~{~ON
ORDINANCE 'I-I02~~ON
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2.5.1%.1
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2.5.5.2.5.U
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DIlSCRJPTION Of CONDfnONS,
VIOLATION(S).
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INQ\JJRJBlI AND 0l>'>tMl!h I~ SIIOl&DIII...::nIDTO COOl!
IlNRl1lCIlMIlNTSUPBRVJS01l ~.ovAL . '.
2fIllONo. _ 0.. NIpIa, R. 34104
.
,
I Icknowledge that I have JeCCived, read. and uoderstand this notice
of violation.
----..PERSONAL SERVICE
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FAX
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FAX (23'~403-2345
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PHONE (239)
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Signatgnl and Title ofRccipicnt
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vi(),LATlONSTATUS,
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Print
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DATED THIS 15TH DAY OF AUGUST, 2003
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J~-2B-2007 12: 26P FRlJ'I.
TO: *2524010
Agenda Iterrr9'l1;l1
December 1 , ~
Page 15 0
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2.5.5.2.5.11.2 .
COLLIER COUNTY LAND DEVELOPMENT CODE
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"cn~~DI1 of Cl'Dps to various part& of the county. Such signs sball be
.. . . . for . period _ to ucssd 30 days and may be Iaued only twice in
ar YI -? Such ..... ohall ..quire a bai1dUIc' l.......it.
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2_5.5.2JU1i~,,:If.,P.ic...... One V-Pic eign located at the eutranee on each street frontage.
, .. .. i ~. . ........ lip area far each U.1'Ia lip ahall not exceed 32
~, . ' .
iIl,_ ud. - _lm_ beigbt at_..... and ahall be loceted a
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of....... 6 . '1IDy JII'ClII8ICY line, pabIIc .. pri9ate ript-of-way or
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. t ~1lPY tJI' IIlIInbw ..... wit/tin. ~ diWicts. Wall,
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. ......:_ ..... .... -.n be ......., wiI:biD agriculturally
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.'. ' """" ~ Ill- ~..m-.:ial n- I cI8ftne4 within the Collier
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20IlinJ ordinance only, and eubject to the Col\owing restrictions:
One w.llI1 or mansard, canopy or awnin& sillU sIt'IU be permitted for each
principal use structure on the parcel. Comer pareels or doubl&-frontap
parcela shall be allowed one aillU per streetfrontagll, but such signs shall
nol be combined for the purpoee of placing the combined area on one wall.
The mA...;mum allowable display area for any sign ahall not be more than
20 percent of the tota1equare footage of the wall to which it is effixed, and
shall not in any C8II8 exceed 250 square feet in area par sign.
2.5.5.2.5.12. . 0f1~. di.r<<:tional ~, Off-premises directillDaI signs are permitted
dti;ect to review and aJlPl'OnI of the design and location of such eigns by the
~"'llI1ity development and environmental services administrator, or his
daoIWnee. if the following requirementa are met:
,
.,: r llil .e'" ~iQft:. lIiens shall only be penaitted in nonresidentially ,
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. 1", ':!~ .:',. No IIlDr8 than two ...e sided 01' one doubltHided off-premise directional
\jl.::i!;;~'fii . .,"'..... aba11 be" ,~...jtlled, id..tif:7inc the Iocati... and nature oca building, ,
. 'i"i~~1i: Ii, ~ QI! _ which. it noC: visible Cli..... tile arterial roadway serving
, ,." Hi '~',', '
'., ....1 ~!l'!"'-'. buiIdin& ~ or OJ II, provided:
a. Each Bign is not mo.. than 12 square fBet in area.
1.
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b. The sign is not more than eight feet in height above the lowest ~
,
centar grade of the arterial roadway, i
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c. The sign is located no closer than ten feet to any property line. . I
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d. The spplicant must submit with the pennit application notarized, .:
written permiesiOll from the property Owner where the oft'-site sign i
,
is located. I
, 8. The sign shall only be located within 1,000 feet of the intersection of
.:. . . the arterial roadwey serving the building, structure, or u....
Supp. No. 13
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LDC2:176
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Report Title: Code Case Details
Agenda Item NO.1 OF
December 1, 2009
Page 16 of 38
.Qate 11/13/20092:07:33 PM
Case Number: ces20090003849
Case Number: CES20090003849 Status: Open
Case Type: Signs Date & Time Entered: 4/6/200912:04:34 PM
Priority: Normal Entered By: DeliciaPulse
Inspector: pattersonsherry Case Disposition: Case Pending
Jurisdiction: Collier County Code Enforcement
Origin:
Detail Description: Smallwood Store sign--caller states other names/items have been attached and is not in the
permitted state
.
Location Comments: Corner of Chockaloskee Dr and Mamie Drive.
Address 1195 CHOKOLOSKEE DR Naples, FL
Property 26084400008
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Property Owner REWIS SR, EDDIE R & LORNA L
Property Owner REWIS JR, EDDIE RAYMOND YEKATERINA V REWIS
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Business Management & Budget Office
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Code Case Details
Aaenda Item NO.1 OF
Execution Date 11r1~9a2:Q!I~ PM
Page 17 of 38
Dese Assigned Required Compteted Outcome Comments
CE Case Research pattersonsherr 7/10/2009 7/13/2009 Complete 7-13-09 1045 Research reveals no permit for
y Smallwood Store - ground sign. Drafted/sent
smail to Susan Istenes, copy 0 Compagnone,
Super K Snow. Questioned if sign would be
exempt from permitting by being on the
National Register of Historic Places. Will wait
for response. 1115 sp85 RIC 7-16-09
Attach Picture(s) pattersonsherr 7/10/2009 7/10/2009 Complete PHOTO 7-8-09
y
C E Staff Review pattersonsherr 7/15/2009 7/15/2009 Complete OPEN CASE REPORT 7-15"09 Waiitng for
y response from Transporation. See case notes
for details.
CE Staff Review pattersonsherr 7/16/2009 7/14/2009 Complete 7-14-09 1000 Received email response fro R
y Bellows, Zoning Mgr. Mr Bellows advised that
the Historic Preservation regulations in the
LOC dont apply to or prohibit an premise sign.
Therefore privately operated historic museum
and/or store can apply for an Off Premise
directional sign as long as it meets code
requirements. Will contact owner to advise
muts obtain permit for sign or remove, if not
attainable. Sent email correspondence to (
for scanning 1030 sp85 RIC 7-17-09
CE Phone Call pattersonsherr 7/17/2009 7/17/2009 Complete 7-15-09 1200 Called Smallwood Store @ 695-
y 2989. TIT Ben Luderman (store op) Advised
reason for call. Asked who might be able to
help with my questions, was given phone#
.
239-695-4540 for Lyn Mcmillan. He said she
is the Exec Dir of the museum. TIT Mrs.
Mcmillan, explained sign violation and orderto
correct. Advised most appropriate sign permit
is an Off-Premise Directional. Suggested she
contact county Sign Review 0 Compagnone
to inquire. Provided phone# and contact info.
1220 sp85 RIC 7-24-09
CE Phone Call pattersonsherr 7/24/2009 7/20/2009 Complete 7-20-09930 Received call from Lynn
y Mcmillan on 7-17.09. She stated that they
(SmallwQod)received a a letter from Collier
County a few years back stating the sign was
ok. She asked if she were to get a copy of the
letter to show me would the sign be okay to
stay the way it is. Advised I didnt know as I
have no idea what the letter says. But if the
sign has been relocated or altered since, a
new permit is nesacary. Asked Mrs Mcmillan if
either had occured, she said "yes" the sign
use to be on the opposite corner. Suggest she
contact Sign Reviw, 0 Compagnone for info
on obtaiing permit for sign. 940 sp85 RIC 7-2-
094 -
Business Management & Budget Office
2
Code Case Details
Ag.enda Item NO.1 OF
Execution Date 11/1GU200ea2:~;rjS~ PM
Page 18 of 38
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Cese Assigned Required Completed Outcome Comments
CE Staff Review pattersonsherr 7/24/2009 8/712009 Complete 8-7-09 1110 Open case report notes on 7-15-
y 09 do not apply to this case. No need for
Transporatiation response. Owne of sign
needs to apply for Off-Premise Directional
sign permit or remove the sign. Have advised
owner. No permit obtained. WjIJ make site visit
to determine if sign remains, if it does NOV
will be issued. 1120 sp85 rle 8-13-09
CE Staff Review pattersonsherr 8/7/2009 8/7/2009 Complete OPEN CASE REPORT 8-7-09 8-7-09 1110
Y Open case report notes on 7-15-09 do not
apply to this case. No need for
Transporatiation response. Owne of sign
needs to apply for Off-Premise Directional
sign permit or remove the sign. Have advised
owner. No permit obtained. Will make site visit
to determine if sign remains, if it does NOV
will be issued. 1120 sp85 rle 8-13-09
Re-Inspection pattersonsherr 8/12/2009 8/17/2009 Non- 8-14-09 200 Site visit reveals Smallwood
y Compliant Museum ground sign remains. Sign may have
a new attachment will need to access file
PHOTO for comparison to confirm. No further
contact from Lynn Mcmillan regarding permit.
Will issue NOV on r/c 215 sp85 rlc 8-19-09
Update Picture(s) pattersonsherr 8/17/2009 8/17/2009 Complete
" y
. Case Research pattersonsherr 8/18/2009 8/17/2009 Complete 8-17-09 1100 Confirmed No changes to
y ground sign. Same as initail site visit. NOV to
be issued on rle 8-19-09110 sp85 r/c 8-19-09
CE Phone Call pattersonsherr 8/19/2009 8/24/2009 Complete 8-19.09115 Called Lynn Mcmillan requested
y . sign update. She said she is waiting for
county Signs Review 0 Compagnone to call.
Shea said Ms Compagnone advised the sign
could not be permitted in VR zoning, but was
going to check on something else, wasnt sure
what is was. Ask her to please follow up with
county. Ms Mcmillan said she is going to
contact Commissoner Coletta. Called Signs
Review tIt 0 Compagnone requested update.
She said she was waiting for the 'new' Sign
Code to go in to effect to see if something
changed that would allow the sign to stay, but
has since confirmed nothing has changed.
She advised she will confirm with Zoning and
call Ms Mcmillan to advise. Will follow up with
me when completed. 200 sp85 rlc 8-24-09
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Business Management & Budget Office
3
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Code Case Details
AQ.enda Item NO.1 OF
Execution Date 11/1i.S6200Q2:~:ril~ PM
Page 19 of38
Desc Assigned Required Completed Outcome Comments
CE Phone Call pattersonsherr 8/24/2009 8/24/2009 Complete 8-24-09100 Received call from Lynn
y Mcmillan on 8-21-09. She advised there was
a Hearing about 6 years ago that had to do
with the sign it was on December 12, 2003.
She said CE Investigator Andrea Duval sent
her a letter December 16, 2003 to say sign
could remain without permit. Asked Ms
Mcmillan to fax all Documents to me for
revelw.
Received copy of NOV issued to Ted
Smallwood Store via Certified Mail August
15th 2003. Compliance date: September 15th
2003. Description of violation: Off-Premise
directional sign without permit.
Received copy of Notice of Hearing scheduled
for: December 12th 2003 at 9:00am
Recieved LOC section outlining violation.
Received copy of letter drafted by CE
Investigator Andrea Duval. Letter advises why
case is being closed and why sign may
remlan.
Requested code case #2003080274 be pc
from archive for further investigation. Sent
copy of all docs to CSS for scanning to G
drive case folder. Called Lynn Mcmillan
advised lam in receipt of all documents.
. Further advised, I have ordered the old 2003
case for reveiw. Ms Mcmillan asked should
she postphone her Petition Request before
the BCC, told her I cannot advise, as it would
be up to her. Advised that once I have
reveiwed all documents, I will seek further
counsel. Will call her with my findings. 130
sp85 rle 8-28-09
Business Management & Budget Office
4
Code Case Details
Ag.enda Item NO.1 OF
Execution Date 11/l~&'2:()11~ PM
Page 20 of 38
Desc Assigned Required Completed Outcome Comments
CE Staff Review pattersonsherr 8/24/2009 8/24/2009 Complete OPEN CASE REPORT 8-24-09 100 Received
y call from Lynn Mcmillan on 8-21-09. She
advised there was a Hearlng about 6 years
ago that had to do with the sign it was on
December 12, 2003. She said CE Investigator
Andrea Duval sent her a letter December 16,
2003 to say sign could remain without permit.
Asked Ms Mcmillan to fax all Documents to
me for reveiw.
Received copy of NOV issued to Ted
Smallwood Store via Certified Mail August
15th 2003. Compliance date: September 15th
2003. Description of violation; Off-Premise
directional sign without permit.
Received copy of Notice of Hearing scheduled
for; December 12th 2003 at 9:00am
Recieved LOC section outlining violation.
Received copy of letter drafted by CE
Investigator Andrea Duval. Letter advises why
case is being closed and why sign may
remlan.
-
Requested code case #2003080274 be pulled
from archive for further investigation. Sent
copy of all docs to CSS for scanning to G
drive case folder. Called Lynn Mcmillan
advised lam in receipt of all documents.
. Further advised, I have ordered the old 2003
case for reveiw. Ms Mcmillan asked should
she postphone her Petition Request before
the BCC, told her I cannot advise, as it would
be up to her. Advised that once I have
reveiwed all documents, I will seek further
counsel. Will call her with my findings. 130
sp85 r/c 8-28-09
CE Case Research pattersonsherr 8/28/2009 8/31/2009 Complete 8-31-091030 Received 2003 case from
y archives on 8-28-09. Reviewed case notes
found no evidence of Hearing. Found no
PHOTOS for comparision. No new findings.
Will seek Supervisor counsel. Will set case for
rlc week of 9-14-09 due to vacation scehdule.
1040 sp85 r/c 9-14-09
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Business Management & Budget Office
5
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Code Case Details
Ag.enda Item No. 10F
Execution Date 11/1r3.i200~2:()i1~ PM
Page 21 of 38
Dese Assigned Required Completed Outcome Comments
Initial Inspection pattersonsherr 9/14/2009 7/10/2009 Incomplete 7-8-09200 Site visit reveals (new) ground
y sign installed for Smallwood Store & Museum.
Sign is erected in frt yard of residence at 1195
Mamie Dr. No permit # affixed. TIT man
(unkown) Gutting the grass was advised
resident is his brother-in-law Eddie Rewis Jr.
He stated that Mr Rewis gave the Smallwood
Store permission to place the sign in his yard.
PHOTOS. Went to Smallwood Store in an
attempt tp speak to Mgr, store was closed.
Will check county records for permit.
Smallwood Store may be on the National
Historical Register, not certain if sign would be
exempt in this case. If not sign would need a
Off-Premise sign permit. Research required.
220 sp 85 R/C 7-10-09
CE Staff Review pattersonsherr 9/14/2009 8/31/2009 Complete 8-31-091045 Sent email to Super K Snow
y attached documents forwarded to me by Lynn
Mcmillin, requested meeting to discuss. 1055
sp85 r/c 9-14-09
CE Staff Review pattersonsherr 9/14/2009 9/1/2009 Complete 9-1-09 1115 Sent copy of email to CSS for
y scan to G Drive case folder. 1125 sp85 r/c 9-
14-09
CE Staff Review pattersonsherr 9/14/2009 9/15/2009 Complete 9-15-09120 TIT Super K Snow. Will send
y email wI attached documents from Lynn
Mcmillan to the Director of Zoning & Land.
Will ask Director S Istenes ifthere is any
provision in the code that would allow this sign
to remian without a permit. 130 sp8S rlc 9-17-
09
CE Staff Review DeliciaPulse. 9/16/2009 9/16/2009 Complete Scanned NOV and various coorespondence
into case.
Business Management & Budget Office
6
Code Case Details
Ag.enda Item NO.1 OF
Execution Date 1111~~2:Q1~ PM
Page 22 of 38
Dese Assigned Required Completed Outcome Comments
CE Staff Review pattersonsherr 9/17/2009 9/21/2009 Complete 9-21-09930 Received email response from
y Dir of Zoning S Istenes on 9-16-09. Was
. advised she knew of no reason the sign would
be granted immunity from the permitting
process. She advised she ce'd the Zoning mgr
R Bellows in case he was aware of some
action the Board may have taken or any other
codes she may not be aware of that would
grant immunity to historical non-profits from
the LOC requirement. Received smail
response from Mr Bellows on 9-16-09. He
advised the BCC designated Ted Smallwood's
Store a historic structure in 1993 and that
approval did not permit off-site signs. He went
on to say while the historic preservation
regulations contained in the LOC allow for
administrative variances for historic
designated properties, those administrative
variances do not apply to off -site signage. He
advised he copied Signs Reveiw D
Compagnone to see if she is aware of any
other code that could apply for the sign. TIT D
Compagnone was advised she replied to Mr
Bellows email today, copied me. Will wait for
response. Will send email correspndence to
- CSS for scanning when we hear from Mr
Bellows. 1000 sp85 r/e 9-24-09
CE Staff Review pattersonsherr 9/24/2009 9/21/2009 Complete OPEN CASE REPORT 9-21-091005 Seeking
y counsel from Signs Reveiw & Zoning & Land
prior to issuance NOV. Ted Smallwood Store/
Musem ground sign installed without required
permit. Waiting for response. 1010 sp85 rlc 9-
24-09
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Business Management & Budget Office
7
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Code Case Details
Ag,e_n(laJlem NO.1 OF
Execution Date 11/1~!k2:O'jI~ PM
Page 23 of 38
Desc Assigned Required Completed Outcome Comments
CE Case Research patterson sherr 9/24/2009 9/24/2009 Complete 9-24-09 300 Sent email to Signs Review D
y CompagnOl)8 asked if there is any code that
would allow this sign as 1 move forward with
the issuance of the Notice of Violation. Her
response was she was waiting for an answer
from Zoning Mgr, Ray Bellows. She sent new
email to Mr. Bellows and got this answer; "the
sign in question is for an off-premises sign." "It
must meet the requirements of Section
5.06.04 C16." That said, 5.06.04C16(a)
states; off-premise directional signs shall be
permitted only in non-residential zoning
districts and non-residential components of
PUD's. Called Ms. Mcmillan, expiained code
provision. Advised some alternatives may be
to petition the BGe as she once suggested,
and/or possibly seek a Sign Variance.
Advised a Notice will be issued to the Land
Owner advising he or she that there is a
violation on thier property. Advised Notice will
provide ample time for resolution. Ms.
Mcmillan was angry. She said that I have not
worked with her to resolve this issue. She said
she did not want the Notice to be sent to the
owner until after she has petitoned the Board
and knew the outcome. Advised Ms. Mcm'
the Notice has no penalties unless the
violation is not abated by the compliance date.
which will be 30 days from the date of issue.
Advised Ms. Mcmillan the issuance of the
Notice was delayed until all the facts were
. gathered. Further advised that during my time
of investigation when I did not have an answer
I sought counsel of others who did. She said
she was going to call Naples Daily News and
let them know what was going on. Notice of
Violation will be issued on r/c. Submitted
email correspondence to CSS to scan to the
case folder. 500 spB5 r/c 9.29-09
CE Staff Review pattersonsherr 9/29/2009 9/29/2009 Complete 9-29-09400 Unable to draft NOV. Will draft
y for service on 9-30-09. 405 spB5 r/e 9-30-09
CE Staff Review DeliciaPulse 9/30/2009 9/30/2009 Complete Scanned e mail into case
Generate Notice of Violation pattersonsherr 9/30/2009 10/2/2009 Complete 10-2-091030 Drafted NOV for service. Found
y Owner of Record in CC Tax Collector to be :
Eddie R & Lorna L Rewis SR. However Quick
Claim Deed found in CC Clerk Of Courts
identifies Owner Of Record as: Eddie
Raymond Rewis JR & Yekaterina V Rewis.
Addressed NOV to both parties. Both have
same P.O. Box number(303). Will submit
NOV to CSS and request certified mailing to
both parties at P.O. Box #303 Chokoloskee,
FL 34138. Will attempt personal service on
owner at 1195 Chokoloskee Dr. Chokolos~""-
FL location of violation. Compliance date:
11/01/09.1230 spB5 r/e 11-02/09 I
Business Management & Budget Office
8
Code Case Details
A9.enda Item NO.1 OF
Execution Date 11/l~&'2:QE~ PM
Page 24 of 38
"_.,
Cese Assigned Required Completed Outcome Comments
Personal Service Attempt pattersonsherr 10/5/2009 10/8/2009 Incomplete 10-8-091215 Will attempt Personal Service
y on owner at 1195 Chokoloskee Dr. If owner
will not accept or is unavailable will post
property post courthouse and submit Affadavit
of Postin9. . 1230 sp85 rlc 108-09
CE Mailin9 OeliciaPulse 10/5/2009 10/5/2009 Complete Mailed NOV certified to owner of record per
Tax Collector and owner of record per Clerk of
Courts. Will go out 10-5-09
Personal Service Attempt pattersonsherr 10/12/2009 10/13/2009 Complete 10-8-09 230 Personal service was made on
y Eddie Rewis Jr. Mr Rewis advised he is the
owner of the property. Advised of violation
and order to correct. Mr Rewis explianed
when he initially spoke to the Smallwoood
Museum and they asked if they could place a
sign on his property he had no idea it would
be that big. He asked when the violation
needs to be abated by, advised on or before
11-01-09. He said that was fine, and said he
would ask Smallwood to take it down, but if
they dont, he will. Will submit signed NOV to
CSS for scanning. 245 sp85 r/c 11-2-09
CE Staff Review pattersonsherr 10/13/2009 10/13/2009 Complete 10-13-09145 Submitted signed NOV to CSS
y for scanning. 200 sp85 rlc 11-2-09
Enter Initial Case Information DeliciaPulse 10/26/2009 4/6/2009 Complete
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Case Research patterson sherr 10/26/2009 10/26/2009 Complete 10-22-09 820 Received email from Div Admin
y J Schmitt 10-21-09, requesting case history.
Attached to email was Request for Public
Petition by Lynn Smallwood Mcmillan.
Computers down..could not respond by email.
Instead met with Signs Review D
Compagnone collaborated summary,
presented to Mr. Schmitt. Attached email to
G/drive and to cityview. Petition Request is for
October 27th. TIT J PUi9, Op Analyst was
advised Petition is not on agenda at this time,
but can be added as late as one day prior to
the BCC Meeting. Will r/c on 10-26-09 920
sp85 rlc 10-26-09
CE Staff Review pattersonsherr 10/26/2009 10/26/2009 Complete OPEN CASE REPORT 10-26-09 200 Will
Y submit summary drafted by myself and Signs
Reveiwon 10-21-09 today to Director as
requested. NOV compliance date is 11-1-09
210 sp85 rlc 10-30-09
Re-Inspection pattersonsherr 10/30/2009 11/4/2009 Non- 11.4-09 120 Compliance date; 11-1-09.
y Compliant Confirmed on 11-2-09 Lynn Mc Millan filed a
Petition Request before the BCC Sched
meeting 11-10-09.130 sp85 rle 11-10-09
-
Business Management & Budget Office
9
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Code Case Details
AQ.enda Item NO.1 OF
Execution Date 11/l~&'2:O11~ PM
Page 25 of 38
Desc Assigned Required Completed Outcome Comments
CE Staff Review pattersonsherr 11/10/2009 11/12/2009 Complete 11-10-09 Today the BCC requested stay on
y this case and requested NOV compliance
- date be extended. Compliance date was (11.1
-09), until they can approve an exemption to
the code for all Historical signs. This will need
to be brought back to the Board for approval.
Date yet to be announced. Ms Mcmillin stated
at the meeting that the sign was removed on
11-1-09 as directed by Code Enforcement.
Will make site visit to confirm. Spoke briefly to
Ms Mcmillin post meeting at CE Director
request showed her the Property Appraisers
GIS PHOTOS from 2004-2008 and ask her on
what aerial did she see the sign. Ms Mcmillin
pointed to the 2008 and 2009 PHOTOS. Was
also directed that upon my return to the office
to send Ms Mcmillan an smail to confirm that
finding of fact. Sent email to Ted Smallwood
Store/Museum at shellmound@aol.com.
Waiting for response. sp85 r/c 11-12-09
CE Staff Review patterson sherr 11/12/2009 11/13/2009 Complete 11-13-09 900 Inv J Seabasty made site visit to
y Chokoloskee on unrelated case. Mr Seabasty
took a photo of the Smallwood Store-Museum
sign at my request. Photo shows that sign
remains, but has been altered. Sent email and
attachements to Director D Flagg and othe~
Intrested parties. 925 sp85 r/c 11-20-09
Update Picture(s) pattersonsherr 11/13/2009 11/13/2009 Complete
y
Re-Inspection pattersonsherr 11/20/2009 Pending
y
.
Violation Description Status Entered Corrected Amount Comments
Sign Permit Open 1 0/2/2009 $0 1- ground sign - Smallwood Store - Museum
erected without required permit.
Title Reason Result Compliance FinelDay Condition
Business Management & Budget Office
10
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Attachment C - Smallwood Store Sign
Agenda Item NO.1 OF
December 1, 2009
Page 26 of 38
Picture taken November 17, 2009
Picture taken August 14, 2009
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Agenda Item NO.1 OF
December 1, 2009
Page 27 of 38
Attachment D -- Arial Photographs
Year 2009
Year 2008
.
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Year 2007
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-
Year 2006
Agenda Item NO.1 OF
December 1, 2009
Page 28 of 38
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Agenda Item No. 10F
December 1, 2009
Page 29 of 38
CHAPTER IA-48 FLORIDA HISTORIC MARKER PROGRAM
lA-48.00l
tA-48.002
IA-48.003
1 A-48.004
IA-48.005
IA-48.006
lA-48.007
lA-48.008
lA-48.009
Purpose. (Repealed)
Definitions.
Responsibility for Florida Historic Marker Program.
Program Information. (Repealed)
Criteria for Florida Historic Markers.
Application Requirements.
Application Review.
State Historic Marker Council. (Repealed)
Withdrawal of Designation; Disposition of Markers.
lA-48.002 Definitions.
The following words and terms will have the following meanings in this chapter:
(1) "Division" means the Division of Historical Resources of the Department of State.
(2) "Council" means the State Historic Marker Council.
(3) "Official Florida Historic Markers" are markers awarded, approved or administered by the Division of Historical
Resources.
(a) "Florida Heritage Landmark" markers are markers that recognize resources for a region of the state or statewide that are
usually more than fifty years old and are of exceptional significance in the areas of architecture, archaeology and history where the
properties largely and visibly retain the distinctive physical characteristics that were present during the historical period for which
the property is being recognized.
(b) "Florida Heritage" markers are markers that identify people, events and places, including buildings, structures, objects and
archaeological sites that do not meet the criteria for Florida Heritage Landmark designation but are still of local, regional or
statewide historic significance relating to Florida history, culture and ethnic heritage.
(c) "Historic Highway" markers are markers which identify state historic highways as provided by law.
(d) "Special Markers" are markers which the Division \\'ill establish to guide the public to places of historic or cultural interest
and to facilitate the identification and interpretation of vari()Us topics, including at a minimum, historic and scenic trails, byways,
greenways and anniversaries or other occasions of special significance to the history and culture of Florida.
(e) "Florida Heritage Plaques" are markers which recognize resources important because of their association with historic
persons.
(4) "Resource" means real property or improvements to real property having a relatively fixed location that shall include, at a
minimum, buildings, structures, objects, sites and districts.
(5) "Historic person" means a person whose activities were associated with and demonstrably contributed to, shaped or
affected events important within a local, statewide or national historical context. .
(6) "Historic event" means an action, activity, circumstance or any series or combination of the preceding, taking place at one
or more periods of time, that have significantly affected the physical. cultural or ethnic development of a local area of the state, the
state as a whole, or the nation.
SpeCific Authority 120.53, 267.061(3}(n) FS. Law Implemented 267.061(3)(11) FS. I-IIstory-Ne.v 4-18-95.
lA-48.003 Responsibility for Florida Historic Marker Program.
(1) The Division will be responsible for the administration of all aspects of the Florida Historic Marker Program, including the
application process, selection and designation of properties, persons or events to be marked and the placement and maintenance of
the markers.
(2) No Official Florida Historic Marker, or reasonable facsimile thereof, may be fabricated with any emblem, design or logo
signifying any other organization. No other emblem, design or marker siLe may be used in addition to, or instead of, those offered
by the Division.
(3) Markers are the property of the state and may not be used for commercial advertising or be copied for the use of any other
agency, association, corporation or individual, except with written pem1ission from the Division.
(4) The Division will erect and maintain markers indicating sites of historic significance on public property, as well as on
pJivate property where permission is obtained. Placement of a marker on private property does not prohibit any actions which may
otherwise be taken by the property owner with respect to the property. Also, the Division. in cooperation with the Florida
Department of Transportation, the Federal Highway Administration, and local governments will erect and maintain markers within
road rights-of-way for the purpose of guiding the general public to historical resources that are marked with Florida Heritage
Markers. The Division will erect and maintain markers within the right-of-way of any state highway.
SpecifiC AuthorilY 120.53. 267.06/(3)(11) FS. La". implemented 267.06/(3)(nJ FS. HistOly-Ncw 4-/R-95.
- 50
Agenda Item NO.1 OF
December 1, 2009
Page 30 of 38
lA-48.005 Criteria for Florida Historic Markers,
(1) The Division will determine if proposed resources meet the following criteria to qualify under the Florida Historic Marker
program:
(a) To qualify for a Florida Heritage Marker, a resource must be at least thirty years old and must hold significance concerning
historical events, developments or personalities within a locality of the state, a region of the state or the state as a whole; and
(b) The resource must largely retain the architectural or archaeological integrity and other visible physical characteristics with
which it was historically associated or otherwise convey its significance through interpretive or associative aids, such as
commemorative structures, objects, implements and other devices that may be present at the site; and
(c) The resource must be conspicuous and easily accessible by the general public.
(d) A relocated structure or building will qualify for a Florida Heritage Marker if it retains physical features that were present
during the historical period for which it is being recognized and if it meets the other requisite criteria set forth above in (a), (b) and
(c).
(e) An event that has affected or shaped local, regional or state history normally must have taken place at least thirty years ago
to qualify for a Florida Heritage Marker; however, events of extraordinary regional or statewide significance that have taken place
within the last thirty years will also qualify for a Florida Heritage Marker.
(f) No individual may be mentioned in a marker text until thirty years after the death of said person or thirty years after the
significant event with which that person is associated, except in the case of a deceased person of extraordinary regional or statewide
significance, or unless so designated by an act of the Florida Legislature. No persons may be named in the text of an Official State
Historic Marker except those'related to the historic significance of the resource.
(2) Florida Heritage Landmarks must meet the following additional criteria:
(a) Resources that are more than fifty years old and demonstrate outstanding significance in the areas of architecture,
archaeology or history at the regional, state or national level shall be considered for a Florida Heritage Landmark marker. Sites that
are less than fifty years old, but are of exceptional importance at the statewide and national level, shall also be considered for a
Florida Heritage Landmark marker.
(b) A structure or building that has been moved from its originalloeation shall not be eligible for Florida Heritage Landmark
status, unless the relocation was made fifty or more years ago, either prior to or during the period in which said property attained its
historical significance; however, buildings or structures moved in the period less than fifty years ago shall be considered eligible if
it can be shown that the relocation was made necessary by the threat of condemnation or demolition and where all reasonable
attempts have been made to ensure that the new setting of the resource is similar to the original historical setting.
(3) Resources which are important because of their association with historic persons will be considered for eligibility for a
Florida Heritage Plaque under the following criteria:
(a) No individual may be mentioned in a plaque text until thirty years after the death of said person or thirty years after the
event of significance, except in the case of a deceased person of state or national significance, or unless designated by an act of the
Florida Legislature.
(b) The historic activities of said person must be demonstrably important to a locality of the state, region of the state, the state
as a whole or the nation. .
(c) In general, the plaque should be attached to the building, structure or other resource hlstorically associated with said person,
must be conspicuously displayed, easily accessible to and legible by the general public. If, however, attachment of a plaque to a
building, structure or other resource will damage the integrity of the resource, then some other means of displaying the plaque in
close proximity to the resource will be used.
Specific Authority J 20.53, 267.061(3) FS. Lmv Implemented 267.061(3)(n)4.a. FS. History-New 4-18-95.
lA-48.006 Application Requirements.
(l) Applications for Official Florida Historic Markers may be initiated by departments or agencies of the state government;
units of county, municipal or other local governments; corporations, partnerships or other entities, whether public or private or
whether for~profit or not-for-profit; or by any individual.
(2) Applications for Official Florida Historic Markers must be made on Form No. HR3E17l294, Florida Historic Marker
Application, (effective 4-18-95) herein incorporated by reference and available upon request from the Florida Division of
Historical Resources, R. A. Gray Building, 500 South Bronaugh Street, Tallahassee, Florida 32399-0250.
(3) All materials submitted by applicants for Offieial Florida Historic Markers become the property of the Department of State.
(4) The Division reserves the right to request clarification of any application. Such request will be made by letter or by
telephone call, confirmed by letter within 30 days of receipt of the application by the Division and will indicate the date when
clarification is needed.
(5) Applications for Official Florida Historic Markers will be accepted at any time by the Division. The State Historic Marker
Council will review applications at least once each calendar quarter. Applications must be received at least seven days in advance
of a meeting or telephone conference of the Council.
(6) Submission of an application does not guarantee that a resource, person or event will be recognized by a Florida Historic
~.~ Marker.
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Agenda Item NO.1 OF
December 1, 2009
Page 31 of 38
(7) Permission of the owner to place an Official Florida Historic Marker on property of the owner must be secured prior to the
final approval of the application.
(8) The applicant must substantiate all historic claims.
(a) If the topic or subject purports to be unique (one ofa kind, largest, first, etc.) the submission must include documentation
from a recognized independent and authoritative source that validates the claim.
(b) If oral histories are used in the documentation for a marker topic, the application will indicate the medium by which the
information was recorded, such as audio tape, video tape or written transcript, and whether or not the recorded information is
available for public inspection and use; will provide the name of each interviewer and interviewee; will include the date, place and
subject of each interview; and will indicate the location where the recorded data are kept or stored.
Specific Authority 120.53,267.061(3) FS LGlr 1mplemented 2f17.061(3)(n)4a. FS History-New 4-18-95.
lA-48.007 Application Review.
(1) Upon the receipt of a Florida Historic Marker Application, the Division shall review the application to determine whether
the fonn is complete and accompanied with all necessary documentation. The Division shall make a preliminary determination as
to whether the resource for which the application was made meets the criteria of the Florida Historic Marker Program under the
level of significance indicated on the application form. The applicant will be informed of any deficiencies in the application.
(2) Each application shall be stamped with the date it was received by the Division, assigned a file identification number and
placed in a file folder, which will henceforth contain copies of all correspondence and other documentation related to the marker
application.
(3) A computer database log file for all Florida Historic Marker applications will be maintained by the Division in order to
more efficiently manage and track marker activities and actions. Each log file y,'ill contain the file identification number and other
data entered on the Florida Heritage Marker Application fOlm and will indicate the result of any action by the State Historic Marker
Council. A printed copy of the log will be made quarterly.
(4) A copy of each complete Florida Historic Marker Application and all relevant supporting documentation will be sent by
regular mail to each member of the State Historic Marker Council. In the event of an emergency meeting or telephone conference
where there is not sufficient time for Council members to receive applications by mail, applications may be sent to each member by
facsimile (fax) machine.
(5) The Council shall evaluate each application for a Florida Historic Marker based on the following criteria:
(a) Level of significance;
(b) Integrity of the property;
(c) Public accessibility to the site.
(6) Council members will provide the Division with written comments on the eligibility of a resource to receive a Florida
Historic Marker within 30 days of receipt of a marker application in lieu of a formal meeting of the Council. Such written
comments should follow any telephone correspondence or conference within seven days.
(7) Applicants for markers shall be notified by the Division of the Council action by regular mail within fourteen days of said
. .
ac1l0n.
(8) The creation and placement of markers shall be funded in accordance with Section 267.061(3)(n)1 0., Florida Statutes.
Specific Authority 120.53, 267.061(3)(11) FS. Lmv Implemented 267.061(3)(n)4.a. FS f1istOly-New 4-18-95.
lA-48.009 Withdrawal of Designation; Disposition of Markers.
(I) The Division shall withdraw the marker designation and repossess any marker if it is determined by the Division that a site
has lost its historical significance, integrity or public access.
(2) A marker placed to recognize any resource will remain with that resource and may not be removed or displayed elsewhere,
except with written permission from the Division. In the event of transfer of ownership of the property on which a marker has been
placed, the new owner must give permission for a marker to remain on the property. If a resource is destroyed or substantially
altered, so that it loses the characteristics which qualified it for marking initially, the marker shall be returned to the Division. If at
any time, an owner of a property where a marker is placed docs not desire to retain the marker, the marker shall be returned to the
Division.
(3) The Division shall withdraw the marker designation and repossess a marker if it is subject to regular or frequent vandalism,
damage or destruction, so as to constitute an unusual maintenance problem or public hazard.
(4) When replacement of a marker becomes necessaI)' because it has been damaged or slolcn, or because it contains factual
errors, the new marker will meet the criteria in effect at the time of the replacement.
(5) Properties marked with Official Florida Historic Markers prior to the effective date of this rule are considered eligible for
designation and arc not required to reapply for designation in the event of damage to the marker. Replacement markers, however,
will meet design specification for Florida Historic Markers in effect at the time of replacement. Applicants for replacement markers
must bear the cost" of the markers or may be eligible for competitive grants.
Specific Authority 120.53. 2f11.00l(3) FS. La\'.' Implemented 267.()6/(3)(1I)4.(J. FS. HistOly-/v'ev.' 4-18-95.
- 52
Agenda Item NO.1 OF
December 1, 2009
Page 32 of 38
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Attachment F - Examples of typical directional guide signs.
1. Directional signs to places of interest -- White letters on brown background
Figure 2H.2. Examples of General Directional Guide Signs
for Conventional ROhds
BLUE SPRINGS
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BLUE SPRINGS"
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CEDAR CREEK
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WINTER SPORTS
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Directional Sign - White letters on blue background.
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Attachment G - Existing Signs
Agenda Item NO.1 OF
December 1, 2009
Page 33 of 38
~n 1-- Sign on 1-75 all.Proximatelv 1 mile west of Exit 80 in the east ROW travel lane - 9 x 22 ft, heifill1
19 ft.
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~gn 2 -- Sign at Exit 80 on Route 29 South - 6.5 x 24 ft, height 14.5 ft.
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Agenda Item No. 10F
December 1, 2009
Page 34 of 38
~gn 3 -- Sign at Route 29 South and Tamiami Trail -- 3 x 5 ft, height 8 ft.
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iign 4 - Similar si@.(no picture) located in Everglade City adjacent to Town Hall-4 x 2 ft, height 12.5 ft.
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Agenda Item NO.1 OF
December 1, 2009
Page 35 of 38
1ign 6 - exiting Everglades City on corner of Kumquat & Copeland Ave. South towards Chokoloskee -- 3.5
x 2 ft, height 12.5 ft.
Agenda Item No. 10F
December 1, 2009
~gn 7 -- Chokoloskee Island corner of Chokoloskee Drive & Smallwood Dr. - 3.S x 2 ft, height 12~" 36 of 38
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~gn 8- Subject Sign corner of Chokoloskee Drive & Mamie Street - S x 6.5 ft, height 7.5 ft.
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Agenda Item NO.1 OF
December 1, 2009
Page 37 of 38
Smallwood Store Exiting Signs
Everglades City
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Agenda Item NO.1 OF
December 1, 2009
Page 38 of 38
Smallwood Store Exiting Signs
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