HEX Final Decision 2014-04HEX NO. 2014 — 04
HEARING EXAMINER DECISION
PETITION NO. SV- PL20130000387 — Aster Lely Apartments, LLC requests a variance
from Section 5.06.02.B of the Land Development Code to allow the replacement of an
existing single use monument sign with a shared use monument sign for property located at
the southwest corner of Collier Boulevard and Lely Cultural Parkway in the Lely Resort
PUD in Section 22, Township 50 South, Range 26 East, Collier County, Florida.
DATE OF HEARING: January 23, 2014
STAFF RECOMMENDATION: Approval.
FINDINGS:
Based on the applicant's written petition, testimony at the hearing of the applicant and the public,
and the recommendation of staff, the Hearing Examiner finds that the criteria set forth in Section
5.06.08 B of the Land Development Code has been met and the petition should be approved.
ANALYSIS:
This application is for changes to a sign that was previously approved by Sign Variance
Resolution 98 -26. The applicant requests a change in the sign copy (currently limited to "Edison
State College ") with the addition of the name of the applicant's on -site residential community. It
was discovered that an easement from the property owner was never provided to allow the
original sign variance to be implemented although the sign was previously constructed. The
applicant's request will not exceed the maximum square feet of copy area or the maximum
height as allowed by the original sign variance for this double faced sign.
DECISION:
The Hearing Examiner hereby approves Petition Number SV- PL20130000387 filed by Alexis V.
Crispo of Waldrop Engineering, P.A. on behalf of Aster Lely Apartments, LLC with respect to
the property located in Section 22, Township 50 South, Range 26 East, Collier County, Florida,
and more particularly described in Exhibit A (attached), for a variance from the following
requirements:
(1) From Section 5.06.02.13.6 to allow the replacement of the existing offsite monument
sign that displays the name Edison State College to allow for a shared monument
sign, offsite for Edison State College and onsite for applicant. The shared monument
sign is a third onsite sign in addition to the two permanent ground signs at the
entrance to the Lely community;
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(2) From Section 5.06.02 to allow offsite signage for Edison State College on applicant's
property; and
(3) From Section 5.06.02.13.6 to allow up to 35 square feet of combined copy area on the
shared monument sign;
as shown on the Site Plan attached as Exhibit B, and subject to the condition(s) set forth below.
Further, the Hearing Examiner acknowledges that the existing variance under Resolution 98 -26
to allow a 15 -foot monument sign shall apply to the shared monument sign.
ATTACHMENTS: Exhibit A — legal description
Exhibit B — Site Plan
LEGAL DESCRIPTION: See Exhibit A.
CONDITIONS:
1. An easement for the sign will be recorded within 30 -days of this decision.
2. It is anticipated that Edison State College may change their name and this sign variance
includes any future name change related to Edison State College.
APPEALS:
This decision becomes effective on the date it is rendered. Pursuant to Ordinance 2013 -25, as
amended, a Hearing Examiner Decision may be appealed to the Board of County
Commissioners, Collier County. Appeals must be filed within 30 days of the date the Hearing
Examiner Decision is rendered.
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.
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Date -Marl Strain, Hearing Examiner
13- CPS - 01233/19
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Apas to form and legality:
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4 on -C icko
Managing Assistant County Attorney
LEGAL DESCRIPTION
BEING A PORTION OF TRACT "D ", LELY RESORT PHASE TWO, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45
(INCLUSIVE) OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
TOGETHER WITH A PORTION OF SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26
EAST, SAID COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEASTERLY MOST CORNER OF LELY CULTURAL
PARKWAY, LELY RESORT PHASE TWO;
THENCE SOUTH 00 °51'50" WEST, ALONG THE EASTERLY BOUNDARY OF SAID
LELY CULTURAL PARKWAY, A DISTANCE OF 146.34 FEET TO A POINT ON THE
BOUNDARY OF SAID TRACT "D ", THE SAME BEING THE POINT OF BEGINNING OF
THE PARCEL OF LAND HEREIN DESCRIBED;
THENCE CONTINUE SOUTH 00 °51'50" WEST, ALONG THE EASTERLY BOUNDARY
OF SAID TRACT "D ", A DISTANCE OF 18.83 FEET;
THENCE CONTINUE SOUTH 00 051'50" WEST, A DISTANCE OF 530.71 FEET;
THENCE NORTH 89 008'10" WEST, A DISTANCE OF 176.41 FEET;
THENCE NORTH 02 003'00" WEST, A DISTANCE OF 229.16 FEET;
THENCE NORTH 78 019'00" WEST, A DISTANCE OF 158.93 FEET;
THENCE SOUTH 16 035'42" EAST, A DISTANCE OF 218.93 FEET;
THENCE SOUTH 61 055'33" WEST, A DISTANCE OF 201.68 FEET;
THENCE NORTH 77 °51'00" WEST, A DISTANCE OF 517.56 FEET;
THENCE SOUTH 76 011'00" WEST, A DISTANCE OF 354.37 FEET;
THENCE NORTH 4004711 " WEST, A DISTANCE OF 651.40 FEET TO A POINT ON THE
SOUTHERLY RIGHT -OF -WAY LINE OF SAID LELY CULTURAL PARKWAY, AND A
POINT ON A NON - TANGENTIAL CURVE;
THENCE RUN THE FOLLOWING THREE (3) COURSES ALONG SAID SOUTHERLY
RIGHT -OF -WAY LINE;
COURSE NO. 1: EASTERLY, 342.81 FEET ALONG THE ARC OF A CIRCULAR CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,354.86 FEET, THROUGH A
CENTRAL ANGLE OF 14 029'49" AND BEING SUBTENDED BY A CORD WHICH BEARS
NORTH 80 05442" EAST, 341.89 FEET;
COURSE NO. 2: NORTH 88 009'37" EAST, 1,376.84 FEET TO A POINT OF CURVATURE;
COURSE NO. 3: SOUTHEASTERLY, 40.45 FEET ALONG THE ARC OF A CIRCULAR
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 25.00 FEET,
THROUGH A CENTRAL ANGLE OF 92 °42'13" AND BEING SUBTENDED BY A CHORD
WHICH BEARS SOUTH 45 °29'17" EAST, 36.18 FEET TO THE POINT OF BEGINNING.
CONTAINING 800,960 SQUARE FEET OR 18.388 ACRES, MORE OR LESS
SUBJECT TO EASEMENTS RESTRICTIONS AND /OR RESERVATIONS OF RECORD.
BEARINGS ARE BASED ON THE EASTERLY BOUNDARY OF LELY CULTURAL
PARKWAY AS BEING SOUTH 00 051'50" WEST (ASSUMED PER PLAT)
Exhibit A
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COLLIER BOULEVARD
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(C.R.951)
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