Loading...
HEX Final Decision 2024-55HEX NO. 2024-55 HEARING EXAMINER DECISION DATE OF HEARING. November 14, 2024 PETITION. Petition No. SV-PL20240007875 —One Naples MPUD —Southbay Drive north of Vanderbilt Beach Road and east of Gulf Shore Drive - Request for a variance from the Land Development Code Section 5.06.04.F.9, which requires "On Premises Directional Signs" located internal to the subdivision or development shall maintain a minimum setback of 10 feet from the property line, to instead allow for directional signs for public parking for commercial uses located in the One Naples MPUD MU Tract 1, along Southbay Drive north A Vanderbilt Beach Road and east of Gulf Shore Drive, to be located a minimum of 5 feet from the property line in Section 32, Township 48 South, Range 25 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. This is a request for a Sign Variance from the Land Development Code which requires "On Premises Directional Signs" located internal to the subdivision or development shall maintain a minimum setback of 10 feet from the property line to instead allow for directional signs for public parking for commercial uses located in the One Naples MPUD MU Tract 1, along Southbay Drive north of Vanderbilt Beach Road and east of Gulf Shore Drive, to be located a minimum of 5 feet from the property line. In other words, 5 feet where 10 is required — a 546ot setback variance. 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 Land 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:I 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 record evidence and testimony from the public hearing reflects that yes, the subject properly is a high traffic area, especially during season, because this location is less than a fern hundred feet to the beach and specifically has proximity to the County's public beach access and parking garage. Providing an efficient waypoint for parking access to the subject property's commercial businesses is essential for public health, safety, and welfare and for consistent traff c flow. 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 front the public hearing reflects that yes, the required setback for Directory Signs located adjacent to an. O. W. in a "Residential District" is 10 feet measured from "a minimum of 10 feet from the edge of the roadway, paved sur face or back of the curb, as applicable ". The required setback is to be measured from different points under certain circumstances such as the roadway, edge of pavement, or the back of curb. The basis for the 10 foot setback for directional signs is for aesthetic and safety reasons. However, the requirement for setbacks for directional signs in residential and nonresidential districts is different, even though the public policy objective is the same. Thus, the ability to locate directional signs in a safe and reasonable location is necessary for ivgj f nding for guests and clients of commercial uses. Nevertheless, since the request is to reduce the I D foot setback to S feetfrom the property line, the setbackfrom the back - of -curb ivill still be a minimum of 19 feet. 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 from the public hearing reflects that the developer agreed u�der° a condition of approval of the MPUD for• significant enhancements to help rrraintain the floiv of traffic, including the precise location of the design and installation of 1 The Hearing Examiner's findings are italicized. Page 2 of 5 improvements to South Bay Drive, including the installation of a closed drainage system, 10 foot travel lanes, 4 foot bike lanes, and S foot sideivalk on both sides of the road. The proposed directional signs are to be located along South. Bay Drive with these prior conditions approved for the MPUD before this applicant's request. 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 crud testimony from the public hearing reflects that this sign var°iartce i�411 be applied to the location proposed for the type of signs ivithin the MPUD zoning district. Any other developer can apply for a sign variance if necessary for any other development in the MPUD zoning district. 5. The variance granted is the minimum relief that will make possible the reasonable use of the land, building, or structure. The record evidence and testimony fi°om the public hearing reflects that yes, this is the minimum relief relative to the sign variance request since the requested variance does not increase the number or size ofperrnitted signs and is consistent with the purpose and intent of the County's "Sign Code. " The request is to vary from the required 10 foot setbackf •om the property line for the proposed tivo directional signs directing the public to the parking areas for these commercial uses, alloiving instead for a nninimurn 19 foot setback from the back of curb and a setback for the travel lane of slightly greater than 25 feet, fir filling the achievement of the public policy objective for the setbacks. 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 f •om the public hearing r•eflects that the location of the proposed sign is not injurious to adjacent proper ties or other wise is not detrimental to the public welfare. The general intent and purpose of the proposed directional signs will improve wa,} f nding and reduce the confusion on the part of visitors who are looking for these parking areas, which will help improve the efficiency of traffic flo1v by reducing conflicts. Moreover•, the variance request 1->>ill not increase the number or size of permitted signs and will remain consistent with the County's "Sign Code, " to wit: (1) to provide minimum control of signs necessary to promote the health, scfety, and general welfare of the citizens of Collier County; (2) to lessen hazards to pedestrians and vehicular traffic; (3) to preserve property values; (4) to prevent unsightly and detrimental signs that detract f •om the aesthetic appeal of the county and lead to economic decline and blight; Page 3 of 5 (5) to prevent signs from reaching such excessive size and number°s that they obscure one another to the detriment of the county; (5) to assure good and attractive design that will strengthen the county's �rppearance and economic base; and (7) to preserve the right of free speech and expression in the display of signs. County Staff has opined that the request for the location of the two directional signs, to be 5 feet from the property line but also 19 feet from the back of curb, as ivell as being 25 feet from the travel lane, meets the intent of the LDC and thus is also consistent with the GMP. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Urban Residential Subdistrict of the Future Land Use Map (FLUM) of the GMP. The GMP does not address individual variance requests but focuses on the larger issue of the actual use. The One Naples MPUD is consistent with the FLUM. Based upon the above analysis, Staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element (FLUE), although the variance request is not addressed by the GMP. 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-PL20240007875, filed by Robert Mulhere, FAICP, Senior Vice President of Bowman Consulting Group, representing the applicant Keith Gelder, Vice President of Vanderbilt Naples Holdings, LLC, with respect to the property described as the approximate 5.42 acres subject property is located within the One Naples Mixed - Use Planned Unit Development (MPUD), Ordinance 21-09, as amended, located at folios 79120840003 and 79120280003, or 250 Center Street, Naples, FL 34108, also known as Vanderbilt Beach Center Block B in Section 32, Township 48 South, Range 25 East, Collier County, Florida, for the following: • A sign variance from the Land Development Code Section 5.06.04.F.9, which requires "On Premises Directional Signs" located internal to the subdivision or development shall maintain a minimum setback of 10 feet from the property line to instead allow for directional signs for public parking for commercial uses located in the One Naples MPUD MU Tract 1, along Southbay Drive north of Vanderbilt Beach Road and east of Gulf Shore Drive, to be located a minimum of 5 feet from the property line. Said changes are fully described in the Zoning Map attached as Exhibit "A" and the Sign Variance Details attached as Exhibit "B", and are subject to the conditions) set forth below. Page 4 of 5 ATTACHMENTS. Exhibit A — Zoning Map Exhibit B — Sign Variance Details LEGAL DESCRIPTION. The approximate 5.42 acres subject property is located wn the One Naples Mixed -Use Planned Unit Development (MPUD), Ordinance 21-09, as amended, located at folios 79120840003 and 79120280003, or 250 Center Street, Naples, FL 34108, also known as Vanderbilt Beach Center Block B in Section 32, Township 48 South, Range 25 East, Collier County, Florida. CONDITIONS. 1. All other applicable state or federal permits must be obtained before commencement of the development. 2. The applicant is responsible for maintaining and replacing everything in the County's Right -Of -Way. 3. The proposed directional signs shall be set back at least 19 feet from the back edge of the curb, as well as at least 25 feet from the travel lane. 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. November 21, 2024 Date Page 5 of 5 Andrew Dickman, Esq., AICP Hearing Examiner e " } Z Nip± ' LL N N a �; V w Co W �= 0 W z LL I ° 0 w a m a © a O W m¢x�-,OHO Nil wpzu) (z �'^ IPPNINIIW 0 LL J - �J m Y Z SV-PL202400007875, ONE NAPLES MPUD SIGN VARIANCE September 3, 2024 Page 2 of 7 gal PL20240007875 - ONE NAPLES MPUD: SIGN VARIANCE DETAILS One Naples MPUD Sign T�ul•ia/Ice—Aerra! &Locution; Sotr/•ce: BOiUIIIair, 2024 Gulf Shore Boulevard f cmm� �Ml South Bay Drive tRov+�nto�tncs ta,t: 19 JJCO.( At�2ia eJtO.w }et w b.t"l A 0 wA ►Abf11G S1t:M t •, 1. One Naples MPUD Sign T�ariunce —Proposed Dll'L'C110/1l1� Slg{lS LOCatIO/t; Sorn•ce: I�otvluml, 2024 w � m W. RAVEISPARKING O e N��/e Mfpp Age ��Wal,c - A#�*p£tzsZ & Dzme„Qo�;S�� 7:2wA:a�,2 2