Resolution 2008-195
RESOLUTION NO. 08- ~
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, RELATING TO
PETITION NUMBER SV-2008-AR-12943, GRANTING
SIX VARIANCES FROM SECTION 5.06.04. OF THE
LAND DEVELOPMENT CODE, CONCERNING THE
SEPARATION OF SIGNS, THE NUMBER OF SIGNS
ALONG A STREET FRONT AGE, THE NUMBER OF
SIGNS ON A PARCEL, AND THE SIZE OF AN OFF-SITE
PREMISES DIRECTIONAL SIGN ON PROPERTY
HEREINAFTER DESCRIBED IN SECTION 35,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC)
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County, among which is the granting of variances; and
WHEREAS, Petitioner wishes to erect five identical pole signs as depicted in Exhibit A.
Two of the signs will be located at the Vanderbilt Beach Road (CR 862) development entrance,
one of which will be an off-premises directional sign. Two of the signs will be located at the
Airport Road (CR 31) development entrance. One sign will be located at the southwest comer
of Galleria Drive and Airport Road; and
WHEREAS, Petitioner wishes to seek three (3) variances from LDC Section 5.06.04
C.l., which requires a minimum separation of 1,000 lineal feet between signs to allow less
separation between signs as follows: 70"" feet between sign B-1 and B-2, 705"" feet between
sign C-I and B-1, and 775"" feet between sign C-I and B-2, as shown in Exhibit A; and
WHEREAS, Petitioner wishes to seek a fourth variance from Collier County LDC
Section 5.06.04 C.l., which allows a maximum of two pole signs per street frontage to allow
three signs along a street frontage along Airport Road (CR 31); and
WHEREAS, Petitioner wishes to seek a fifth variance from LDC Section
5.06.04.C.l6.b.i., which requires an off-premise directional sign to be no more than twelve (12)
square feet in area to allow a sign that is 76"" square feet in area; and
WHEREAS, Petitioner wishes to seek a sixth variance from LDC Section
5.06.04.C.16.b.ii., which requires an off-premise directional sign to be no more than eight (8)
feet in height to allow a sign that is 9'-4" in height; and
Page I of2
WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice
made, and has considered the advisability of granting these variances; and
WHEREAS, the Board has found as a matter of fact that satisfactory provision and
arrangement have been made concerning all applicable matters required by the Land
Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY, FLORIDA, that the Board hereby approves a variance from LDC
5.06.04.C.1, 5.06.04.C.16.b.i. and 5.06.04.C.16.b.ii., including a distance of 70"" feet between
sign B-1 and B-2, 705"" feet between sign C-I and B-1, and 775,," feet between sign C-I and B-2
as shown in Exhibit A. The Board also approves three signs along Airport Road as shown in
Exhibit A, an approximately 76"" square foot, 9'-4" height off-premises sign (sign A-I) as
depicted in Exhibit B, as requested in Petition SV-2008-AR-12943, filed by Glen Weldon of
Glen Weldon and Associates, LLC, of Anderson South Carolina concerning the subject property
described in Exhibit C. All signs shall be subject to the conditions set forth in Exhibit D.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV-
2008-AR-12943 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this 24-tV1 day of
\ \l1.\\e
,2008.
ATTEST:
DWIGHT E,.. BROCK, Clerk
B~ ~.
ty Clerk
.~MtM\ ... ~t""'"
-;-Ittl~.l.
Approveg as to form'
andlegal$uffi6iency:
~
~ri~;
BOARD OF ZONING APPEALS
CO~OUNT LORID~
By: ~
TOM HENNING, CHAIRM N
Exhibits (attached): A.
B.
C.
D.
Overall Site Plan
Entrance Sign Wall Elevation for Locations A, B and C
Legal Description
Conditions of Approval
Page 2 of2
EXHIBIT "A"
The Collection at Vanderbilt
GROUND MONUMENT DISPLAY VARIANCE APPLICATION EXHIBITS
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LOCATION A -C:;=----=-=~"==- \
31GN A-' (located on Bank Properly)
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IOVERALL SITE PLAN
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LOCATION C
SIGNC-'
70S' belween
Sign C-1 and
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775' between 31gn C-'
And Sign B-2
LOCATION B
SIGNB-'
SIGN B-2
70'
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Sign B-' and
Sign B-2
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EXHIBIT "B"
The Collection at Vanderbilt
GROUND MONUMENT DISPLAY VARIANCE APPLICATION EXHIBITS
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SCALE, AS SHOWN
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EXHIBIT "e"
THE COLLECfION AT V ANDERBlL T
LEGAL DESCRIPTION
,
Parcel I:
Tract A, Galleria Vanderbilt Phose One, according to the plat thereof, es recorded in Plat Book 32, pages
88 through 90, inclusive, Public Records of Collier County, Florida.
Parcel II:
All that per! of Section 35, Township 48 South, Range 25 East, Collier County, Florida and being more
particularly described as follows:
Commencing at the Southeast comer of said Section 35;
thence along the South line of said Section 35, South 89 degrees 38 minutes 54 seconds West 100.00
feet to a point on the West right-of-way line of Airport-Pulling Road (CR31);
thence continuing along said section line, South 89 degrees 38 minute. 54 seconds West 771.70 feel;
thence leaving said .ection line, North 00 degrees 21 minute. 06 seconds West 160.00 feet to the North .
right-of-way of Vanderbilt Beach Road (CR862);
thence North 00 degrees 20 minutes 33 seconds West 566.13 feet to the POINT OF,BEGINNING of the
parcel herein described;
thence South 89 degrees 39 minutes 27 seconds West 409.51 feet;
thence North 00 degrees 20 minutes 33 seconds West 639,97 feet;
thence Easterly 226.41 feet along the ere of a circular curve eorn:ave Northerly having a radius of 1780.0
feet through a central angle of 07 degrees 17 minutes 16 seconds and being subtended by a chord which
bears South 86 degrees 53 minutes 15 seconds East 226.26 feet; thence North 89 degrees 28 minutes 07
seconds EaslI83.66 feet;
thence South 00 degrees 20 minutes 33 seconds East 626.94 feet 10 the POINT OF BEGINNING.
Parcel III:
All that pert of Section 35, Township 48 South, Range 25 East, Collier County, Florida, being more
particularly described as follows:
Commencing at the Southeast comet of said Section 35;
thence along the South line of said Section 35, said line also being the Southerly right-of-way line of
VenderbiIt Beach Road (CR862) (160' right-of-way) South 89 degrees 38 minutes 54 seconds West
100.00 feel to a point on the Westerly right-of-way line of Airport.Pulling Road (CR3I);
thence along said Westerly right-of-way line, North 00 degrees 31 minutes 59 seconds West 160.00 feet
to a point on the Northerly right-of-way of said Vanderbilt Beach Road;
thern:e continue qlong said Westerly right-of-way line North 00 degrees 31 minutes 59 seconds West
623.28 feel to the POINT OF BEGINNING; thence leaving said Westerly right-of-way line, South 89
degrees 28 minutes 01 seconds West 769.12 feet;
thence North 00 degrees 20 minutes 33 seconds West 572.23 feet;
thence North 89 degrees 28 minutes 07 seconds East 742.22 feet;
thence Southeasterly 39.27 feet along the arc of a circular e\lMl concave Southwest having a radius of
25,00 feet through a central angle of89 degrees 59 minutes 54 seconds and being sublended by a chord
which bears a South 45 degrees 31 minutes 56 seconds Eest 35.35 feet to the Westerly right-of-way of
said Airport,Pulling Road; thence along said Westerly right-of-way line South 00 degrees 31 minutes 59
seconds East 547 20 feet to the POINT OF BEGINNING.
Parcel IV;
All that pert of Section 35, Township 48 South, Range 25 East, Collier Comty, Florida and being more
particularly descri~d as follows:
Commencing at the Southeast comer of said Section 35; thence along the South line of said Section 35,
South 89 degree. 38 minutes 54 seconds West 100.00 feet to a point on the West right-of-way Une of
Airport-Pulling Road (CR3I); thence continue along said section line, South 89 degrees 38 minuleS 54
seconds West 771.70 feel; thence leaving said section, North 00 degrees 21' 06" WeetI60.00 feet to the
Point of Beginning of the parcel herein described; thence South 89 degrees 38 minutes 54 seconds West
409.51 feet; thence North 00 degrees 20 minutes 33 seeonds West 566.19 feet; thence North 89 degrees
39 minutes 27 seconds Eest 409.51 feet; thence South 00 degrees 20 minutes 33 seconds East 566.13
feet to the Point of Beginning.
EXHIBIT "0"
CONDITIONS FOR APPROVAL
FOR
SV-2008-AR-12943
I. The sign copy for Sign A-I, A-2, B-1, B-2 and C-l as depicted on Exhibit "A" Overall Site
Plan shall be limited to 76cl:. square feet.
2. The signs for A-I, A-2, B-1, B-2 and C-I as depicted on Exhibit "A" Overall Site Plan shall
be limited to the name of the shopping center and shall not contain the names of individual
tenants.
G: Current! Gundlach/ Variances for S1gnS/The CoIlecl1on at Vanderbilt /El<hlblt 0 COnditions 4-23'08
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