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HEX Final Decision 2024-64HEX NO. 2024-64 HEARING EXAMINER DECISION DATE OF HEARING. December 12, 2024 PETITION. Petition No. SV-PL20220006266 —Northtide Naples — 3120 North Road -Request for an after -the -fact sign variance from Land Development Code Section 5.06.04.F.1.a. to increase the allowable sign height from 15 feet to 17 feet and from Section 5.06.04.F.1.b to decrease the required setback from 10 feet to 2.7 feet to allow a pole sign for Northtide Naples RV Resort. The subject property is located at the southwest corner of Airport Road and North Road, at 3120 North Road, in Section 2, Township 50 South, Range 25 East, Collier County, Florida. GENERAL PURPOSE FOR THE PETITION. This is a request for an after -the -fact Sign Variance to increase the allowable sign height from 15 feet to 17 feet and to decrease the required setback from 10 feet to 2.7 feet to allow a pole sign for Northtide Naples RV Resort. 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 %J the all 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 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. Page 1 of 5 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 r°ecord evidence and testimony from the public hear°ing reflects that the applicant's expert states: "The unique characteristics of the entrance feature, the absence of an alternative visible location, and the necessity of maintaining visibility and safely for this senior living community create special conditions and circumstances for this variance request. The sign currently sits in a location that is part of an entrance feature. The entrance feature contains decorative boulders, a fountain, and the pole sign. The entrance feature was originally designed to be a prominent element of the identification for the RV park. The entrance feature ivas treated as a landmark for the site and has been used in conversation as a location indicator for the RV park. The existing pole sign is in place and refurbished lvith a new cabinet. The work was completed as such because, ivith the decorative boulders and fountain, there is no other location that is visible for identification or wayfi.nding. Because of the location and configuration of the boulders and fountain, a new sign would have to be installed behind those features. This would ensure the setback would meet LDC requirements; hoivever, it would render the sign to not be visible or safe to travelers driving East on North Rd or North on Airport Pulling Rd Northtide Naples serves a senior communio), and it is imperative for ensuring safety and accessibility that the sign has clear identification. " Zoning staff concurs and notes that at this location, Air port Road comprises three lanes in each direction, plus turn lanes. 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 hear°ir�g reflects that the applicant's expert states: "The literal interpretation of the sign code 1>>outld impose umdzre hardship on the applicant. Based on a visibilio) study of the RV park and neighboring sites, it appears Northtide has a site configuration and sign location that none of the adjacent properties 17ave. Other sites in the corridor along Airport -Pulling Road have signs that aloe directly next to their entrance and there are fetit� corner lots lVith signage. We believe utilizing the existing signage for alteration instead of removing and replacing the sign brings consistency to the corridor ioMile providing essential identification. " Zoning staff concurs. 1 The Hearing Examiner's findings are italicized. Page 2 of 5 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 recoi°d evidence and testimony from the public hearing reflects that the applicant's expert states: "We acknovnledge that the request may technically be a result of the alteration of the sign. Hovt�ever, it is contended that the change of LDC requirements is not a direct result of the applicant's actions. It is essential to recognize that the alteration took place to address the evolving needs of the community and to ensure public safety and accessibility. Strict enforcement of the code in this scenario vl>ould be unjust to the senior community that the site serves and could pose potential safety and traffic risks. " County Zoning staff is unaware of an LDC change that mould have impacted sign setbacks or sign heights at this location, however, the width of the adjoining right-of-way may have changed over time. 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 i°eflects that a Sign Variance, by definition, confers some dimensional relieffrom the zoning regulations specific to a site. LDC Section 5.06.08 allows others relief through the same Sign Variance process that has been undertaken by the applicant. Each Sign Variance project is revielved individually based on its own merits. County staff believes the applicant has justified their need to engage in the Sign Variance process. 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 fiomt1�e public heap°ing reflects that the subjectpetition is foran after -the fact sign variance. As the sign has abready been constructed, the requested deviations are the minimum required to bring the existing sign into compliance vdth the LDC. 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 record evidence and testimony from the public hearing reflects that Section S. 06.01A. of the LDC states that the purpose and intent of the sign code is to provide minimum con1�°ol of signs necessary to promote the health, safety, and general ivelfare of the citizens of Collier County, Florida, by: 1. Lessening hazards to pedestrians and vehicular traffic 2. Preserving propert}� valves; 3. Preventing unsightly and detrimental signs that detract from the aesthetic appeal of the county and lead to economic decline and blight; Page 3 of 5 4. Preventing signs f •om reaching such excessive size and numbers that they obscure one another to the detriment of the count)); S Assuring good and attractive design that hill strengthen the county's appearance and economic base, and; 6. Preserving the right of free speech and expression in the display of signs. County staff concurs that the subject 1,51r, Variance request satisf es established criteria. This Sign Variance is consistent tinith the general intent and purpose of the LDC and GMP. GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located within the Urban Residential Subdistrict of the County's Future Land Use Map (FLUM) of the Future Land Use Element (FLUE) of the GMP. The GMP does not address individual Variance requests but deals with the larger issue of the actual use. The property is presently used as a 55+ RV resort and recreational facility serving both full and part-time residents. The subject use is consistent with the FLUM of the GMP. As previously noted, the petitioner is requesting a Sign Variance (SV) to reduce the required setback and to increase the allowable height of a pole sign. The requested SV does not have any impact on this property's consistency with the County's 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 5.06.08.13.1 of the Land Development Code to approve the sign variance Petition. DECISION. The Hearing Examiner hereby APPROVES Petition No. SV-PL20220006266, filed by Addie Mentiy of AMLU Consulting, representing the applicant CPI Rock Creek Owner LLC, with respect to the property described as located at the southwest corner of Airport Road South North Road, at 3120 North Road, in Section 2, Township 50 South, Range 25 East, Collier County, Florida, for the following: • An after -the -fact Sign Variance from Land Development Code Section 5.06.04.F.1.a to increase the allowable sign height from 15 feet to 17 feet and fiom Section 5.06.04.F.1.b to decrease the required setback from 10 feet to 2.7 feet to allow a pole sign for Northtide Naples RV Resort. Said changes are fully described in the Zoning Map attached as Exhibit "A", the Site and Sign Plans attached as Exhibit `B", and the Survey attached as Exhibit "C", and are subject to the condition(s) set forth below. Page 4 of 5 ATTACHMENTS. Exhibit A — Zoning Map Exhibit B — Site and Sign Plans Exhibit C —Survey LEGAL DESCRIPTION. The subject property is located at the southwest corner of Airport Road South North Road, at 3120 North Road, in Section 2, Township 50 South, Range 25 East, Collier County, Florida. CONDITIONS. • All other applicable state or federal permits must be obtained. 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, January 3, 2025 Date Andrew Dickman, Esq., AICP Hearing Examiner Page 5 of 5 «A» a rJ F a,© O F Q O Ks l% .O ®O p Q O lz5 ,N Z Q W in S a2! DU1,11nd Vo a!d U Q Z +I 0 J s0 � Q Z2 I f q U. <n y a a O J ia� Rob �a y Q. O al Uer U 0� ;L_ .. . N _O s 0 m W F- N U) m w N is + L' •� N i lu C S (11I po .qv Vl 'a .T. O 0. JD r LJ s iu 3AVS414kaa g Ro D O 7 ¢ E. 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