HEX Final Decision 2021-25Page 1 of 5
HEX NO. 2021-25
HEARING EXAMINER DECISION
DATE OF HEARING.
June 24, 2021
PETITION.
PETITION No. PL20200002008 - Request for variance from Land Development Code
Section 5.06.04.G.a to increase the sign area of an off-premise directional sign from 12 square
feet to 32 square feet within the Rural Agricultural Mobile Home Zoning District with a
Rural Lands Stewardship Area Overlay in the Town of Ave Maria SRA, Tract R of the
Arthrex Commerce Park subdivision, at the intersection of Arthrex Commerce Drive and
Oil Well Road, in Section 17, Township 48 South, Range 29 East, Collier County, Florida.
GENERAL PURPOSE FOR THE PETITION.
The applicant seeks the subject variance to increase the visibility of the proposed off-premises
directional sign which will be located immediately adjacent to an arterial roadway within a rural
area of Collier County. The Arthrex facility is setback from the roadway a significant distance and
the larger sign will alleviate any confusion as how to access the business.
STAFF RECOMMENDATION.
Approval with conditions.
FINDINGS.
1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87 of the Collier
County of Ordinances, Sec. 8.10.00 of the Land Development Code, and Chapter 9 of the
County Administrative Code.
2. The public hearing for this Petition was properly noticed and conducted in accordance with all
County and state requirements.
3. The public hearing was conducted electronically and in-person in accordance with
Emergency/Executive Order 2020-04.
4. The Petitioner and/or Petitioner’s representative executed the Hybrid Virtual Quasi-Judicial
Public Hearing Waiver related to conducting the public hearing electronically and in-person.
5. LDC Section 10.03.06.F.2.a requires the agent for a sign variance petition to send an “agent
letter” to property owners and associations located within 150 feet of the area covered by the
petition. The agent for this project sent said agent letter on, or about, January 22, 2021.
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6. The County representative introduced the Petition and staff recommendations, followed by
Petitioner and/or Petitioner’s representative, and then public comment. There were no
objections to the Petition at the public hearing. Several neighboring companies submitted “no
objection” letters to show support or the requested variance.
7. The County’s Land Development Section 5.06.08.B.1. lists the criteria for a sign variance. The
Hearing Examiner having the same authority as the Board of Zoning Appeals may authorize a
variance from the terms of the sign code based upon the evidence given in a public hearing;
the findings of the Hearing Examiner and the submittal of a completed variance application.1
The criteria and findings are as follows:
A. That special conditions and circumstances exist which are peculiar to the land, structure or
building involved and which are not applicable to other lands, structures, or buildings in
the same district.
The evidence and testimony at the public hearing demonstrate that the Arthrex building is
located more than 300 feet from Oil Well Road and is separated by preserve, stormwater,
sidewalk, parking, and plantings. Said distance and improvements obscure the visibility of
signage on the building from the view of the travelling public. Given that Oil Well Road is
a four-lane arterial road, a standard 12 square foot off-premises sign is insufficient; a
larger sign will make locating the building easier and safer.
B. That literal interpretation of the provisions of the sign code would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district and would work
unnecessary and undue hardship on the applicant.
The evidence and testimony presented at the public hearing demonstrates that a literal
interpretation of the sign code only allows for a 12 square foot sign to be in the median
where the subject off-premises directional sign is proposed, which makes it difficult for the
applicant to install a sign of an appropriate size to ensure the safety of the travelling public.
While the location of the off-premises sign in the median is well-placed from a
transportation perspective, providing a 12 square foot sign at this location places an undue
hardship on the applicant as it provides virtually no visibility on this heavily travelled
arterial roadway (Oil Well Road) with relatively high travel speeds.
C. That the special conditions and circumstances which are peculiar to the land, structure or
building do not result from the actions of the applicant.
The evidence and testimony at the public hearing demonstrates that the need to provide
safe and legible signage for the travelling public is not necessarily a direct result of the
location of the Arthrex building; rather, it is a direct result of the site design which includes
substantial spatial separation due to preserve, drainage, and other site features. The
Petitioner’s facility is significantly setback from the Oil Well Road right of way and Arthrex
Commerce Drive boulevard providing access to the facility. The Petitioner’s facility and
1 The Hearing Examiner’s findings are italicized.
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property is separated by a separate, unimproved parcel that is heavily vegetated and used
for stormwater drainage. The extensive greenspace in the Boulevard (Arthrex Commerce
Drive) separating inbound and outbound traffic to Oil Well Road is the logical location
for the requested sign.
D. That granting the Variance requested will not confer on the applicant any special privilege
that is denied by this sign code to other lands, structures, or buildings in the same zoning
district.
The only special privilege is a deviation from the County’s code relating to signage in this
zoning district; however, this variance procedure is available to other lands, structures, or
buildings in the same zoning district and will be evaluated in the same manner as
Petitioner’s request.
E. That the Variance granted is the minimum relief that will make possible the reasonable use
of the land, building or structure.
The evidence and testimony at the public hearing demonstrates that granting this variance
is the minimum relief needed to provide an appropriately sized off -premises directional
sign to locate the Arthrex building from the Oil Well Road.
F. That the granting of the Variance will be consistent with the general intent and purpose of
the Collier County Sign Code and the Growth Management Plan and will not be injurious
to adjacent properties or otherwise detrimental to the public welfare.
Section 5.06.01.A. of the LDC states that the purpose and intent of the sign code is to
provide minimum control of signs necessary to promote the health, safety and general
welfare of the citizens of Collier County, Florida, by:
1. Lessening hazards to pedestrians and vehicular traffic;
2. Preserving property values;
3. Preventing unsightly and detrimental signs that detract from the aesthetic appeal of the
county and lead to economic decline and blight;
4. Preventing signs from reaching such excessive size and numbers that they obscure one
another to the detriment of the county;
5. Assuring good and attractive design that will strengthen the county's appearance and
economic base, and;
6. Preserving the right of free speech and expression in the display of signs.
Based on the evidence and testimony at the public hearing, the requested variance will be
consistent with the general intent and purpose of the Collier County Sign Code and the
Growth Management Plan and will not be injurious to adjacent properties or otherwise
detrimental to the public welfare.
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ANALYSIS.
Based on a review of the record including the Petition, application, exhibits, the County’s staff
report, and hearing comments and testimony from the Petitioner and/or the Petitioner’s
representative(s), County staff and any given by the public, the Hearing Examiner finds that there
is enough competent, substantial evidence as applied to the criteria set forth in Section 5.06.08.B.1.
of the Land Development Code to approve Petition.
DECISION.
The Hearing Examiner hereby APPROVES Petition Number SV-PL20200002008, filed by
Lindsay F. Robin, MPA of Waldrop Engineering, P.A. representing Ave Maria Stewardship
Community District and Res Collier Holdings LLC, with respect to the property located in Tract
R of the Arthrex Commerce Park Subdivision at the intersection of Arthrex Commerce Drive and
Oil Well Road in Section 17, Township 48 South, Range 29 East, Collier County, Florida, for the
following:
• A Variance from Land Development Code to increase the sign area of an off-premise
directional sign from 12 square feet to 32 square feet within the Rural Agricultural Mobile
Home Zoning District (A-MHO) with a Rural Lands Stewardship Area Overlay (RLSAO)
in the Town of Ave Maria SRA.
Said changes are fully described in the Sign Variance Plan attached as Exhibit "A" and are subject
to the condition(s) set forth below.
ATTACHMENTS.
Exhibit A – Sign Variance Plan
LEGAL DESCRIPTION.
Tract R of the Arthrex Commerce Park Subdivision at the intersection of Arthrex Commerce Drive
and Oil Well Road in Section 17, Township 48 South, Range 29 East, Collier County, Florida.
CONDITIONS.
All other applicable state or federal permits must be obtained before commencement of the
development.
DISCLAIMER.
Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any
way create any rights on the part of the applicant to obtain a permit from a state or federal agency
and does not create any liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
APPEALS.
This decision becomes effective on the date it is rendered. An appeal of this decision shall be done
in accordance with applicable ordinances, codes and law.
RECORD OF PROCEEDINGS AND EXHIBITS: SEE CLERK OF COURT, MINUTES
AND RECORDS DEPARTMENT. DECISIONS OF THE HEARING EXAMINER FOR
VARIANCES, CONDITIONAL USES, AND BOAT DOCK EXTENSIONS SHALL BE
NOTED ON THE ZONING MAP FOR INFORMATIONAL PURPOSES.
/e .2,,,,z.,.,,_
July 23, 2021
Date Andrew Dickman, Esq., AICP
Hearing Examiner
Page 5 of 5
EXHIBIT “A”
ARTHREX
OIL WELL ROAD ARTHREX COMMERCE DRIVEPROPOSED 32 S.F.
OFF-PREMISES
DIRECTIONAL SIGN
(DOUBLE-FACED)
59
3
.
5
'
SEE INSET "A"
443.0' (dr)
1071.4' (dm)
1185.0' (d)
887.3' (dl)
1185.0' (d)
108.0' ROW
10.0'
PUE
15.0'
PUE
9.0'9.0'
4.0'
16.5'
OIL WELL ROAD (PUBLIC)
24.0'24.0'
ARTHREX
COMMERCE
DRIVE
(PRIVATE)
PL / ROW
LINE
18.4'
EXISTING
60" RCP
SIGN
PREPARED FOR:SECTION: TOWNSHIP: RANGE:
ARTHREX
RES COLLIER HOLDINGS, LLC
1370 CREEKSIDE BLVD
NAPLES, FL 34108 FILE NAME:B:\Projects\133-49 (Ave Maria) Arthrex Expansion\Drawings-Exhibits\133-49-E12 Sign Variance Exhibit\Current Plans\13349E1202.dwgWALDROP
ENGINEERING
CIVIL ENGINEERING
FLORIDA CERTIFICATE OF AUTHORIZATION #8636
28100 BONITA GRANDE DRIVE - SUITE 305
BONITA SPRINGS, FL 34135
P: 239-405-7777 F: 239-405-7899
EMAIL: info@waldropengineering.com
COLLIER COUNTY,
17 48S 29E
FLORIDA
SIGN VARIANCE EXHIBIT
PLAN REVISIONS
PLANNING LANDSCAPE ARCHITECTURE
13349E1202.dwg
NORTH
SCALE: 1" = 400'
GENERAL NOTES:
THE PROPOSED OFF-PREMISES DIRECTIONAL
SIGN WILL MEET ALL OTHER LDC REQUIREMENTS
AS OUTLINED IN LDC SECTION 5.06.04.G.
INSET "A"
SHEET 1 OF 2
01/07/21 REVISED PER COUNTY COMMENTS
REV00 <<SUBMITTED>> 11/20/20
1
LEGEND
CLEAR SIGHT TRIANGLE
02/01/21 REVISED PER COUNTY COMMENTS2
03/19/21 REVISED PER COUNTY COMMENTS3
MAX 32 S.F.
SIGN AREA
(PER FACE)
MAX 8'
HEIGHT*
22' ±SIGN
BASE**
PREPARED FOR:SECTION: TOWNSHIP: RANGE:
ARTHREX
RES COLLIER HOLDINGS, LLC
1370 CREEKSIDE BLVD
NAPLES, FL 34108 FILE NAME:B:\Projects\133-49 (Ave Maria) Arthrex Expansion\Drawings-Exhibits\133-49-E12 Sign Variance Exhibit\Current Plans\13349E1202.dwgWALDROP
ENGINEERING
CIVIL ENGINEERING
FLORIDA CERTIFICATE OF AUTHORIZATION #8636
28100 BONITA GRANDE DRIVE - SUITE 305
BONITA SPRINGS, FL 34135
P: 239-405-7777 F: 239-405-7899
EMAIL: info@waldropengineering.com
COLLIER COUNTY,
17 48S 29E
FLORIDA
SIGN VARIANCE EXHIBIT
01/07/21 REVISED PER COUNTY COMMENTS
PLAN REVISIONS REV00 <<SUBMITTED>> 11/20/20
PLANNING LANDSCAPE ARCHITECTURE
13349E1202.dwg
1
GENERAL NOTES:
THE PROPOSED OFF-PREMISES DIRECTIONAL
SIGN WILL MEET ALL OTHER LDC REQUIREMENTS
AS OUTLINED IN LDC SECTION 5.06.04.G.
OFF-PREMISES DIRECTIONAL SIGN
(DOUBLE-FACED)
SHEET 2 OF 2
02/01/21 REVISED PER COUNTY COMMENTS2
03/19/21 REVISED PER COUNTY COMMENTS3
* AS MEASURED FROM THE LOWEST CENTERLINE
GRADE OF ARTHREX COMMERCE DRIVE.
** BASE BELOW GROUND, DOES NOT FACTOR IN
HEIGHT CALCULATION.