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HEX Final Decision 2024-14HEX NO. 2024-14 HEARING EXAMINER DECISION DATE OF HEARING. February 89 2024 PETITION. Petition No. SV-PL20230013949 -Ave Maria Boulevard between Merritt Lane and Useppa Drive - A sign variance from the entrance location requirements of Land Development Code section 5.06.04.F.3 to allow one directory sign to be placed along the collective frontage of four parcels abutting Ave Maria Boulevard, where there is no entrance to a public street, on property located on the east side of Ave Maria Boulevard between Merritt Lane and Useppa Drive, and described as Tracts F-2, F-3, F4, and F-5, Ave Maria Unit 2, Park of Commerce subdivision, in Section 4, Township 48 South, Range 29 East in Ave Maria, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. This is a request for a variance from Section 5.06.04.F.3 of the Land Development Code (LDC), which states, "Multiple -occupancy parcels or multiple parcels developed under a unified development plan, with a minimum of 8 independent units, and containing 20,000 square feet or more of leasable floor area shall be permitted one directory sign at one entrance on each public street," to allow a single directory sign to be located along the collective frontage to Ave Maria Boulevard where there is no entrance to a public street and at least 10 feet from the edge of the right -of --way. STAFF RECOMMENDATION. Approval with conditions. FINDINGS. 1. The Hearing Examiner has jurisdiction over this Petitioner pursuant to Sec. 2-87(2) 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. Page 1 of 5 4. The public hearing was conducted in the following manner: the county Staff presented the Petition followed by the Petitioner and/or Petitioner's representative, public comment and then rebuttal by the Petitioner and/or Petitioner's representative. There were no objections at the public hearing. 5. The County's all Development Sections 5.06.08.B.1 lists the criteria for sign variances. The Hearing Examiner having the same authority as the Board of Zoning Appeals may grant, deny or modify any request for a variance from the regulations or restrictions of the Collier County Land Development Code using the following standard:' 1. That special conditions and circumstances exist that are peculiar to the land, structure, or building involved and are not applicable to other lands, structures, or buildings in the same district. The i°ecoi°d evidence and testimony fi°om the public hearing reflects that the subject property), which contains the proposed shopping center, is oriented (pet, Ave Maria SRA standards) so that the entrance to the center is froin the rear while traffic drives by the front of the center, creating a significant visibility hindrance for drivers passing by to see the directory sign which is at the rear of the center. This is quite different from the Town Core signage circumstance, where buildings fi°ont the main road in the center, creating a significant disadvantage for businesses in the Ave Maria Commerce Park. This constitutes a special condition and circumstance. 2. That literal interpretation of the sign code's provisions would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. It would cause unnecessary and undue hardship on the applicant. The record evidence and testimony from the public hearing reflects that a litercd inieipi etation of the LDC would require the directory sign to be placed at one of the entrances off Useppa Drive, i-nhere it ii�oitld be very difficult to see for traffic on Ave Maria Boulevard and i-nould do little to sign f; the presence of the businesses i4thin the Commerce Park. This i4�ould likely create a competitive disadvantage compared to stores in the Town Center•. 3. 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 record evidence and testimony fi°om the pzrblic hearing reflects that the SRA development standai•ds 1a�ei•e developed, in 2005. These standards, i��hich orient buildings to have access in the rear, result, in this case, in a sign that is hard to see for most passing tr•aff c and may result in a competitive disadvantage. 1 The Hearing Examiner's findings are italicized. Page 2 of 5 4. 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 record evidence and testimony from the public hearing reflects that any person or° entity is entitled to request a Sign Variance provided that the petition meets the criteria in LDC 5.06.08 and does not create a public safety and welfare issue. While the Sign Variance, if approved, does convey a special privilege to the applicant, cis does any variance, any other property oumer may apply for the same variance. In this respect, granting the variance offers relief fr•orn the LDC that is available to any other landoilmer and is not a special exclusive privilege. 5. The variance granted is the minimum relief that will make the reasonable use of the land, building, or structure possible. The r°ecor°d evidence and testimony from the pztblic hearing r°effects that the location of the sign is the only request; the sign ivill meet all other LDC requirements. The request, therefore, is the minimum relief possible. 6. 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. The recor°d evidence and testimony from the pztblic hearing reflects that the location of the proposed sign is not injurious to adjacent properties or other ivise is not detrimental to the public welfare. Section 5.06.OLA. of the LDC states that the purpose and intent of the LDC relative to signoge is to ensure that all signs help promote the health, safety, and welfare of the citizens of Collier Count) by: 1. Lessening hazards to pedestrians and vehicular traffic, 2. Preserving property values, 3. Preventing unsightly and detrimental signs that detr•actfi°om the aesthetic appeal of the count) and lead to economic decline and blight, 4. Preventing signs f om reaching such excessive size and numbers that they obscure one another to the detriment of the county, 5. Assuring good and attractive design that i-i)ill strengthen the county's appearance and economic base and 6. Preserving the right of free speech and expression in displaying signs. The purpose and intent of the LDC sign code is not compromised by approval of this Petition. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION. The EAC does not normally hear variance petitions. The EAC did not hear this petition since the subject variance doesn't impact any preserve area. Page 3 of 5 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 the sign variance Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. SV-PL20230013949, filed by Chris Scott of Peninsula Engineering, representing Ave Maria Development, LLLP and Armento Family, .LC, with respect to the property described as ±6.4-acre property is a unified development under a single -site development plan consisting of four individual parcels that abuts Ave Maria Boulevard, approximately one mile south of the intersection of Ave Maria Boulevard and Annunciation Circle, where the University of Ave Maria is located, at approximately five miles south of Immokalee, for the following: • A variance which allows a single directory sign to be located along the collective frontage to Ave Maria Boulevard where there is no entrance to a public street and at least 10 feet from the edge of the right -of --way. Said changes are fully described in the Zoning Map attached as Exhibit "A" and the Directory Sign Exhibit attached as Exhibit `B" and the Ave Maria Monitoring Report attached as Exhibit "C", and are subject to the condition(s) set forth below. ATTACHMENTS. Exhibit A —Zoning Map Exhibit B —Directory Sign Exhibit Exhibit C — Ave Maria Monitoring Report LEGAL DESCRIPTION. The subject ±6.4-acre property is a unified development under asingle-site development plan consisting of four individual parcels, as shown below. The property abuts Ave Maria Boulevard, approximately one mile south of the intersection of Ave Maria Boulevard and Annunciation Circle, where the University of Ave Maria is located. Ave Maria is approximately five miles south of Immokalee. (Tracts F-2, F-3, 174, and 17-5, Ave Maria Unit 2, Park of Commerce subdivision, in Section 4, Township 48 South, Range 29 East in Ave Maria, Collier County, Florida.) CONDITIONS. Ail other applicable state or federal permits must be obtained before commencement of the development. Page 4 of 5 DISCLAIMER. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any may 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. March 8, 2024 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 5 of 5 & - \� �er d �. ~ :\\ :? \ \_\ \ § ! % / t \ »•. . y '_§ y§© \r s CL I \ \&./ �� � . . . �«. <y:\ \tR.s±��� Fz - . _ — � � � � . 2 ƒ.��.. �.� 3:\. � _ y , .. � . � _ /«mce ƒ . « � a ■ L r� Q W w � LLg LLO�J m o J Y LlJ 0 x2x � a Z U W Zl7 oEi 3�S W Q 2 W Fr pW € ¢ $: U a 0 a N 0 0 �.o 0 S ;6aad��i� I 0 Attachment 1 Ave Maria Monitoring Report 12-18-23 a) r (M N U C CD CD CD CDN m 6 LO 00 r N @ (n O CD N C Z O O r r � r 0 0 0 0 ° Q C) 0 0 0 cMMMMMMMM �> c a) U_ _ N N 06 N N a) OL O O O O (q () m a) + N N N N -p 00 CO r M O i O❑ r N\ r O p U 0 (6 Q CO CO r (D U r () a) N N ti Cp m co (� O co r O C @ r ' CDr ' N ' O LL LO L. 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